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10/02/2012 - City Council RegularI. y II. III. IV. AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING OCTOBER 2, 2012 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE ADOPT AGENDA RECOGNITIONS AND PRESENTATIONS A. OATH OF OFFICE — New Fire Fighters J. RECEIVE Petition to Vacate Public Easements, MVTA Bus Garage Expansion and Schedule a Public Hearing for November 7, 2012 -I K. APPROVE Plans & Specifications and Authorize Advertisement for Bids for Contract 12 -12, Cedar Grove Boulevard Phase II —Grading Improvements a L. APPROVE the AccessEagan Non - Exclusive Network Access and Use Agreement, Carrier p Connection Agreement, and Property Owner Connection Agreements J 1 M. APPROVE Election Judges for the November 6, 2012 General Election y Jr N. APPROVE Absentee Ballot Board Judges for the November 6, 2012 General Election q (0 0. APPROVE Final Subdivision — Eagan Car Club 2nd Addition P. Item Removed CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES I B. PERSONNEL ITEMS ,J C. APPROVE Check Registers D. APPROVE the 2012 -13 Energy and Environment Advisory Commission Work Plan and Goals E. APPROVE Final Payment for Contract 12 -10, 2012 Citywide Storm Sewer Utility Improvements �a F. RECEIVE Final Assessment Report for Project No. 1064 — Hills of Stonebridge 2nd & 3rd - Street and Utility Improvements and Schedule Public Hearing for November 7, 2012 13 G. RECEIVE Final Assessment Report for Project No. 1066 — Coventry Pass 15t -2nd/ Country Hollow - Street and Utility Improvements and Schedule Public Hearing for November 7, 2012 11 II H. RECEIVE Final Assessment Report for Project No. 1069 — Cliff Ridge — Street and Utility Improvements and Schedule Public Hearing for November 7, 2012 I. RECEIVE Final Assessment Report for Project No. 1075 — Great Oaks Lane/ Great Oaks Circle - Street and Utility Improvements and Schedule Public Hearing for November 7, 2012 J. RECEIVE Petition to Vacate Public Easements, MVTA Bus Garage Expansion and Schedule a Public Hearing for November 7, 2012 -I K. APPROVE Plans & Specifications and Authorize Advertisement for Bids for Contract 12 -12, Cedar Grove Boulevard Phase II —Grading Improvements a L. APPROVE the AccessEagan Non - Exclusive Network Access and Use Agreement, Carrier p Connection Agreement, and Property Owner Connection Agreements J 1 M. APPROVE Election Judges for the November 6, 2012 General Election y Jr N. APPROVE Absentee Ballot Board Judges for the November 6, 2012 General Election q (0 0. APPROVE Final Subdivision — Eagan Car Club 2nd Addition P. Item Removed V. PUBLIC HEARINGS y9 A. FINAL Assessment Hearing, Project No. 1063, Chatterton Ponds — Street and Utility Improvements J� B. FINAL Assessment Hearing, Project No. 1057, Highview Acres — Street and Utility Improvements C. FINAL Assessment Hearing, Project No. 1062, Kings Wood/ Cutters Ridge/ Sherwood Downs — Street and Utility Improvements 90 D. FINAL Assessment Hearing, Project No. 1061, S & W Industrial (Sibley Court) — Street and Utility 1 �t Improvements 1 I E. FINAL Assessment Hearing, Project No. 1060, Tesseract ( Tesseract Place) — Street and Utility Improvements VI. OLD BUSINESS 93A. ORDINANCE AMENDMENT —An Ordinance Amendment to Chapter 3, Adding Section 3.70 Relative to the Fiber Optic Infrastructure Network For Advanced Communications and Approve Resolution Regarding Fiber Infrastructure Fund in Connection with City's Fiber Optic Infrastructure Network VII. NEW BUSINESS A. REZONING and PRELIMINARY SUBDIVISION — Bennerotte Addition —A Rezoning of approximately 4.85 acres from A, Agriculture to LB, Limited Business and A Preliminary Subdivision of approximately 4.85 acres to create 1 lot and an Outlot located at the east End of Courthouse Lane, North of Hwy 55 B. CONDITIONAL USE PERMIT— Shoppes of Cedar Grove -A Conditional Use Permit to allow a Laundromat in the CGD, Cedar Grove District zoning district located at 1967 Silver Bell Road I? C. PLANNED DEVELOPMENT AMENDMENT- Eagan Professional Building -A Planned Development Amendment to change building signage plan located at 2640 Eagan Woods Drive i D. CONDITIONAL USE PERMIT and VARIANCE— Dakota County Parks - A Conditional Use Permit to amend the comprehensive sign package and Variances to allow monument signs and kiosks that exceed size requirements located at 1350 Carriage Hills Dr, 860 Cliff Road, 800 120th Street West, 4801 Johnny Cake Ridge Rd, west side of Galaxie Ave /Safari trail Intersection VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE A. APPROVE correspondence to the Metropolitan Airports Commission with comments regarding the Environmental Assessment on the MSP Long Term Comprehensive Plan IX. ECONOMIC DEVELOPMENT AUTHORITY 0 A. CALL TO ORDER IA5 B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 4� 1. AUTHORIZE Dakota County CDA to Proceed with Demolition of Building at 3880 Sibley Memorial Highway F. OTHER BUSINESS G. ADJOURN 0 X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development Xl. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 3 401� City of Eap ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 28, 2012 SUBJECT: AGENDA INFORMATION FOR OCTOBER 2, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 2, 2012 City Council agenda, the following items are in order for consideration. 4 Agenda Information Memo October 2, 2012 City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Oath of Office — New Firefighters ACTION TO BE CONSIDERED: None FACTS: • Seven firefighters have completed their initial firefighter training and have been released to respond to fire and rescue calls. • The firefighters before you tonight were part of an apprentice group that started their training in September of 2012. • Each firefighter completed a 12 week in -house First Responder training course which prepares them for EMS /Rescue calls, a 15 week in -house Firefighter I program and have passed their State Certification process in each area. • Upon completion of their initial recruit training they have been attending weekly fire training and average approximately 10 hours per week in the performance of Fire Department related functions. • Three of the seven recruits are day responders. • These additional seven firefighters bring our total volunteer firefighters back to 100. • Listed below are the Firefighters to be sworn in: • Station One ■ Matthew Dummann — Days ■ Jason Bird — Nights • Station Two • Mallory Vedder -Dorm — Days • John Zanaska — Nights • Kimberly Williams — Days • Station Five • Rob Iten — Nights • Chris Schmidt —Nights ATTACHMENTS: None 15 Agenda Information Memo October 2, 2012 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: There were no minutes to be approved. ATTACHMENTS: None Agenda Information Memo October 2, 2012 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 Holly Kowalski Civic Arena Skating Instructor Becky Krueger Civic Arena Skating Instructor 1 Agenda Information Memo October 2, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 14, 2012 as presented. ATTACHMENTS: • Check registers dated September 14, 2012 are enclosed without page number. a Agenda Memo October 2, 2012 City Council D. APPROVE the 2012 -213 Energy and Environment Advisory Commission Work Plan and Goals ACTION TO BE CONSIDERED: To approve the 2012 -2013 Energy and Environment Advisory Commission Work Plan and Goals. FACTS: • The Energy and Environment Advisory Commission has been working to develop a comprehensive work plan that they could focus on for the years 2012 -2013. • At their August 13, 2012 workshop the APrC finalized and adopted their proposed work plan to present to the City Council for review and direction. • At the September 11, 2012 City Council workshop the Energy and Environment Advisory Commission presented the following 2012 -2013 Goals and Work Plan: Initiative 1. Continue to investigate ways in which the GreenSteps Cities initiative can be enhanced and expanded through policy exploration and use Green Steps methodology to create and communicate outreach and educational opportunities for the community. The work would be focused on the following: A. Review of City Ordinances /Procedures and recommend changes to the City of Eagan and its constituents to support best practices for renewable energy including landscaping, solar, wind turbines, etc. B. Recommend program /procedure to the City of Eagan that would provide opportunities for businesses to participate in a Property Assessed Clean Energy Program (PACE). C. Review public works water utility investments and water conservation ordinances and recommend changes or initiatives to the City of Eagan and its constituents to support GreenSteps best practices. Consider participating in the Water Sense Program to help educate residents and businesses on ways to save water. D. Study and recommend actions within the City to increase active living infrastructure. Conduct a joint meeting with the Advisory Parks Commission to discuss initiatives that align with the Complete Street initiative. E. Recommend measures to the City of Eagan and its constituents to consider eliminating the use of coal tar sealers through prohibition of its use within the city and educational efforts to promote alternatives. F. Recommend initiatives to the City of Eagan and its constituents to encourage waste reduction cost savings that would allow for the publication of the existing tiered rate schedules designed to encourage reduction, re -usage and recycling that licensed waste haulers annually file with the city clerk, and the possibility of using a uniform reporting form. 0 Goal 2. Increase public awareness of the GreenSteps Cities efforts and programs through the use of City publications, City website, social media, City events such as Showcase Eagan and the Home & Leisure Show, and other communication opportunities that would be available and approved by the City of Eagan. The City Council directed the 2012 -13 Work Plan to a future agenda so that formal action could be taken to approve the Work Plan as presented. Attachments: None Agenda Information Memo October 2, 2012 Eagan City Council Meeting E. CONTRACT 12 -10, CITYWIDE STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 12 -10 (2012 Citywide Storm Sewer Utility Improvements) in the amount of $17,056.72 to Didion Contracting and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: Contract 12 -10 provides for the storm sewer improvements in the areas of: o Trapp Farm Park (Project 1036) o Beacon Hill Road (Project 1083) o Comanche Road (Project 1087) o Pond BP -35.1/ Jade Lane (Project 1094) as programmed for 2012 in the City's 5 -Year Capital Improvement Program (2012- 2016) and authorized by the City Council under the aforementioned projects. 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. Agenda Information Memo October 2, 2012 Eagan City Council Meeting F. PROJECT 1064, HILLS OF STONEBRIDGE 2ND & 3RD STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1064 (Hills of Stonebridge 2° & 3r Additions) and schedule a public hearing to be held on November 7, 2012. FACTS: • Project 1064 provided for approximately 1.5 miles of street overlay improvements on neighborhood residential streets within the Hills of Stonebridge 2" & 3rd Additions in central Eagan, as outlined and discussed in the feasibility report and approved by the City Council on February 8, 2012. • This project, constructed under Contract 12 -02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefitted properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 20 % less than the estimate contained in the feasibility report presented at the public hearing held on February 8, 2012. Q Agenda Information Memo October 2, 2012 Eagan City Council Meeting G. PROJECT 1066, COVENTRY PASS 1sT — 2 ND/ COUNTRY HOLLOW STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1066 (Coventry Pass 1St — 2" Additions / Country Hollow) and schedule a public hearing to be held on November 7, 2012. FACTS: • Project 1066 provided for approximately 4 miles of street overlay improvements on neighborhood residential streets in the Coventry Pass 1St — 2"d Additions and Country Hollow in east - central Eagan, as outlined and discussed in the feasibility report and approved by the City Council on February 21, 2012. • This project, constructed under Contract 12 -02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefitted properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 5% less than the estimate contained in the feasibility report presented at the public hearing held on February 21, 2012. k3 Agenda Information Memo October 2, 2012 Eagan City Council Meeting H. PROJECT 1069, CLIFF RIDGE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1069 (Cliff Ridge — Cliff Ridge Court) and schedule a public hearing to be held on November 7, 2012. FACTS: • Project 1069 provided for approximately '/a mile of street overlay improvements on Cliff Ridge Court within the Cliff Ridge neighborhood in south - central Eagan, as outlined and discussed in the feasibility report and approved by the City Council on February 21, 2012. • This project, constructed under Contract 12 -02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefitted properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 25% less than the estimate contained in the feasibility report presented at the public hearing held on February 21, 2012. N Agenda Information Memo October 2, 2012 Eagan City Council Meeting I. PROJECT 1075, GREAT OAKS LANE & GREAT OAKS CIRCLE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1075 (The Woodlands North - Great Oaks Lane and Great Oaks Circle) and schedule a public hearing to be held on November 7, 2012. FACTS: • Project 1075 provided for approximately 1,000 feet of street overlay improvements on Great Oaks Lane and Great Oaks Circle, residential streets within The Woodlands North, in east - central Eagan, as outlined and discussed in the feasibility report and approved by the City Council on February 21, 2012. • This project, constructed under Contract 12 -02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefitted properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 20% less than the estimate contained in the feasibility report presented at the public hearing held on February 21, 2012. O15 Agenda Information Memo October 2, 2012 Eagan City Council Meeting J. MINNESOTA VALLEY TRANSIT AUTHORITY 2ND ADDITION EASEMENT VACATIONS ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements located on Lot 1, Block 1 Minnesota Valley Transit Authority 2 "d Addition and a public utility line easement located at 3645 Sibley Memorial Highway and schedule a public hearing to be held on November 7, 2012. FACTS: • On July 6, 2012, City staff received a petition from Mr. Michael Meehan, BWBR Architects, representing the MN Valley Transit Authority (MVTA), requesting the vacation of existing drainage and utility easements on Lot 1, Block 1 Minnesota Valley Transit Authority 2" Addition and a utility line easement on property located at 3645 Sibley Memorial Highway. • The drainage & utility easements on Lot 1, Block 1 MN Valley Transit Authority 2 "d Addition were dedicated with that plat and cover existing public storm sewer and water main within the site. • The utility easement on 3645 Sibley Memorial Highway was recorded as a separate document and covers public water main in the southeast corner of the site. • On August 6, 2012, the MVTA received preliminary subdivision approval for the platting of these two properties. • MVTA has applied for Final Subdivision approval, and the City Council is scheduled to consider this application, also on November 7. • With this development, the property owner is proposing to relocate the public water main and will be required to dedicate adequate public easement with the re- platting of the parcels with the final subdivision. • The purpose of the request is to allow MVTA to plat as the MN Valley Transit Authority 3rd Addition for redevelopment of the site to accommodate the expansion of the maintenance garage. The vacation of these easements would clean up the proposed plat by avoiding any underlying recorded easements or dedications. • The request would vacate all of the existing drainage and utility easements on the two properties. All of the necessary drainage and utility easements will be rededicated as needed on the new plat. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page !� • Location Map, page I B . � �0 EASEMENT VACATION LOCATION "' N� i'_ r �. YANKEE DOODLE -RD. � 28 30 i2� ,-- CO —O —z _Y Mh CLIFF ROAD --------------- APPLE VAI LEY CITY OF EAGAN Fig. 1 4911� Proposed Easement Vacation Location Map City ofEaRan Minnesota Valley Transit Authority 2nd Add. n3/2812011 �O DIFFLEY. RD. / Mh CLIFF ROAD --------------- APPLE VAI LEY CITY OF EAGAN Fig. 1 4911� Proposed Easement Vacation Location Map City ofEaRan Minnesota Valley Transit Authority 2nd Add. n3/2812011 l EASEMENT VACATION SKETCH EASEMENTS TO BE VACATED \ All drainage and utility easements \\ dedicated in the plat of Minnesota Valley Transit Authority 2nd Addition, according to the recorded plat thereof, Dakota County, Minnesota. And '9 \ Utility ine easement per Book K, AND UTILITY EASEMENT y p OF MINNESOTA VALLEY gyp\ Miscellaneous Records, Page 553, AUTHORITY 2ND ADD. \ Document No. 344225 I `. C t. v i 'V' J \(J,\ \ OQ �� 2010 -340 666/63 T.27, R.23, S.17 2010340_vac sketch.dwg DJF X. 0 200 400 SCALE IN FEET UTILITY LINE EASEMENT PER BK, K, MISC., PG. 553, DOC. NO. 344225 I hereby certify that this sketch, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 25th day of May, 2012 SUNDE LAND SURVEYING, C. By: —------ - - - - -- Mark S. Hanson, P.L.S. Minn. Lic. No. 15480 S9001 IND, East Bloomington Freeway 5420- Suite 118 Bloomington, Minnesota 55420 -3435 952 -881 -2455 (Fax: 952 -888 -9526) JIL4ND SURVEYING www.sunde.com Irp lio DRAINAGE \: PER PLAT ?:\ TRANSIT EASEMENT VACATION SKETCH EASEMENTS TO BE VACATED \ All drainage and utility easements \\ dedicated in the plat of Minnesota Valley Transit Authority 2nd Addition, according to the recorded plat thereof, Dakota County, Minnesota. And '9 \ Utility ine easement per Book K, AND UTILITY EASEMENT y p OF MINNESOTA VALLEY gyp\ Miscellaneous Records, Page 553, AUTHORITY 2ND ADD. \ Document No. 344225 I `. C t. v i 'V' J \(J,\ \ OQ �� 2010 -340 666/63 T.27, R.23, S.17 2010340_vac sketch.dwg DJF X. 0 200 400 SCALE IN FEET UTILITY LINE EASEMENT PER BK, K, MISC., PG. 553, DOC. NO. 344225 I hereby certify that this sketch, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 25th day of May, 2012 SUNDE LAND SURVEYING, C. By: —------ - - - - -- Mark S. Hanson, P.L.S. Minn. Lic. No. 15480 S9001 IND, East Bloomington Freeway 5420- Suite 118 Bloomington, Minnesota 55420 -3435 952 -881 -2455 (Fax: 952 -888 -9526) JIL4ND SURVEYING www.sunde.com Irp lio Agenda Information Memo October 2, 2012 Eagan City Council Meeting K. CONTRACT 12 -12, CEDAR GROVE BOULEVARD PHASE II GRADING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract No. 12 -12 (Cedar Grove Boulevard Phase II — Grading Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Monday, October 15, 2012. FACTS: • Contract No. 12 -12 provides for the grading of the street and right -of -way for Cedar Grove Boulevard (formerly Cedarvale Boulevard), in the 2012 construction season, in preparation for public street and utility improvements associated with Project 1088. The grading would allow the timely construction of the street and utility improvements under a separate contract, as well as necessary private utility relocations, including the Xcel Energy gas line, in 2013, in coordination with the development schedule. • On September 19, 2012, the City Council authorized the preparation of plans and specifications, which have since been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • An advertisement will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: • Location Map, page c10 PROJECT LOCATION I �p SILVER BELL RD. I �P� o 0 U Im I I DIFFLEY ROAD RD. 30 ) I I n = MM !V Q > � Q V) Ov z U CLIF ROAD (C D. RD. 32) I I I I I z CEDAR GROVE BOULEVARD - PHASE 2 "Cit y ofEa an CITY PROJECT 1088, CONTRACT 12 -12 FIGURE Engineering Department LOCATION MAP H:\ EAGA \N15105575 \C3D \105575FIG1.dwg 9/27/2012 �°} �u Agenda Information Memo October 2, 2012 Eagan City Council Meeting L. APPROVE THE ACCESSEAGAN NON - EXCLUSIVE NETWORK ACCESS AND USE AGREEMENT, CARRIER CONNECTION REIMBURSEMENT AGREEMENT, AND PROPERTY OWNER CONNECTION AGREEMENTS ACTION TO BE CONSIDERED: To approve the AccessEagan Non - Exclusive Network Access and Use Agreement, Carrier Connection Reimbursement Agreement, and Property Owner Connection Agreements (with and without reimbursement). FACTS: • In preparation for the launch of AccessEagan, agreements were drafted in coordination with City staff, the City Attorney's office, and the City's fiber consultants. • The following agreements have been prepared for Council's consideration: o The Non - Exclusive Network Access and Use Agreement is the contract that will be signed by the Carrier /Provider when they come onto the open access network and begin to sell fiber to businesses within Eagan. This document will be accompanied by the Acceptable Use Policy, which informs the Carrier /Provider of the rules of the network. o The Carrier Connection Reimbursement Agreement will be signed in the event a Carrier /Provider would like to hook up a customer and pay for the costs of the lateral construction from the Right of Way (ROW) to the customer demarcation (the point of demarcation is where the fiber connection is made on the property owner's premise). The Carrier /Provider would then need to have the Property Owner sign the Property Owner Connection Agreement (without reimbursement). o The Property Owner Connection Reimbursement Agreement will be signed if a Carrier /Provider would like to hook up a customer, but require the property owner to pay the costs of the lateral construction from the ROW to the customer demarcation. In this instance, the Carrier /Provider would need to have the property owner sign the Property Owner Connection Reimbursement Agreement only. • In any scenario, the property owner ultimately owns the conduit /fiber that will run from the ROW to the customer's demarcation. ATTACHMENTS: (3) • Enclosed on pages ,)D and 3s, is the proposed Non - Exclusive Network Access and Use Agreement, which includes the Acceptable Use Policy as Exhibit A. • Enclosed on page � is the proposed Carrier Connection Reimbursement Agreement. • Enclosed on pages M and 39 are the Property Owner Connection Agreements (with and without reimbursement). a\ ' ` A GA ' A fiber service for business NON - EXCLUSIVE NETWORK ACCESS AND USE AGREEMENT Between CITY OF EAGAN, MINNESOTA and Dated effective as of as NON - EXCLUSIVE NETWORK ACCESS AND USE AGREEMENT This Non - Exclusive Network Access and Use Agreement ( "Agreement "), is made and entered into as of the _ day of , 2012 ( "Effective Date "), by and between the City of Eagan, a Minnesota municipality ( "City "), and , a ( "Carrier /Provider "). City and Carrier /Provider may be individually referred to as a "Party" and collectively as the "Parties." RECITALS: A. City owns, maintains, equips and operates an advanced communications network ( "Network "). B. The Network is designed to permit private Carrier /Providers to offer a variety of competitive advanced communications services to residences, businesses, governmental entities and other end users located within the City. C. Carrier /Provider wants to use the Network on a non - exclusive basis for the purposes set forth herein, and City wants to contract with Carrier /Provider for such purposes. D. This Agreement memorializes a long term relationship wherein City is relying on Carrier /Provider to actively market to potential Retail Subscribers and provide high quality Retail Services. E. The Parties understand that City, at its sole discretion, may enter into agreements with other Carrier /Providers and entities. F. City, on the terms, covenants and conditions contained in this Agreement, is willing to grant Carrier /Provider the right to use the Network, to provide Retail Services to Retail Subscribers. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained in this Agreement, City and Carrier /Provider mutually agree as follows: ARTICLE I -- DEFINITIONS Unless the context clearly indicates otherwise, certain terms used in this Agreement shall have the meanings set forth below: ARTICLE 1.1 "Agreement" means this Agreement and incorporates any Exhibits, Appendices, hyperlinked documents, or other attachments referenced herein. ARTICLE 1.2 "Force Majeure" as used in this Agreement shall mean any cause beyond the reasonable control of City or Carrier /Provider, as applicable, or beyond the reasonable control of any of their respective contractors, subcontractors, suppliers or vendors, including without limitation: lightning, earthquakes, adverse weather of greater duration or intensity than normally expected for the job area and time of year, fires, explosions, floods, other natural catastrophes, sabotage, utility outages, inability to secure materials, terrorist acts, acts of a public enemy, acts of government or regulatory agencies, wars, blockades, embargoes, insurrections, riots or civil disturbances, labor disputes, including, but not necessarily limited to, strikes, work slowdowns, work stoppages or labor disruptions, labor or material shortages, or delays or disruptions of transportation, orders and judgments of any federal, state or local court, administrative agency or governmental body; the adoption of or change in any federal, state or local laws, rules, regulations, ordinances, permits or licenses, or changes in the interpretation of such laws, rules, regulations, ordinances, permits or licenses, by a court or public agency having appropriate jurisdiction after the Effective Date; or any suspension, termination, interruption, denial or failure to issue or renew by any government authority or other party having approval rights of any approval required or necessary hereunder for the construction, installation or operation of the Network or for either party to perform its ) _1 obligations hereunder, except when such suspension, termination, interruption, denial or failure to issue or renew results from the negligence or failure to act of the party claiming the occurrence of an event of Force Majeure. ARTICLE 1.3 "Network" means and includes, without limitation, all cables, collocation space, conduits, innerducts, manholes, nodes, optical fiber strands, patch panels, splices, switches, transmitters, junctions, terminals, internal power sources, access portals, battery backups, fault alarm systems, structures, shelters, poles or pole line attachments, similar equipment, business and operations support systems, and all articles of personal property owned or leased by the City, that are used to provide Wholesale Services, as any or all of the same may be updated, supplemented, replaced or expanded, from time to time. Demarcation on the Network shall be defined as the Carrier /Provider facing port on the City provider access switch and the Retail Subscriber facing ports on the access portal installed at the Retail Subscriber premises. ARTICLE 1.4 "Network Services" shall mean those services listed in City's Product Catalog. ARTICLE 1.5 "Payment Due Date" shall have the meaning set forth in Section 5.1. ARTICLE 1.6 "Product Catalog" shall mean City's network services and pricing therefore listed at http: / /www.accesseagan.com, which services and pricing may be amended from time to time by City by amending the City website. ARTICLE 1.7 "Retail Services" means the services that Carrier /Provider offers to its Retail Subscribers over the Network. ARTICLE 1.8 "Retail Subscriber(s)" means end -user residential or business customers who are being served by Carrier /Provider through the City Network. ARTICLE 1.9 "Term" means either the Initial Term or the then - applicable Renewal Term. ARTICLE 1.10 "Wholesale Services" means any transport services provided by City through the City Network to an entity. ARTICLE II -- DESCRIPTION, TERM OF AGREEMENT ARTICLE 2.1 Carrier /Provider Retail Services. Carrier /Provider shall use the Network to provide Retail Services to the extent the Network is available to Retail Subscribers. Nothing in this Agreement shall require Carrier /Provider to use City's Network exclusively. As long as Carrier /Provider is in compliance with the terms of this Agreement and is actively marketing its Retail Services to Retail Subscribers, City will not provide any Retail Services to Retail Subscribers. Nothing herein shall be construed to require City to provide Wholesale Services exclusively to Carrier /Provider. ARTICLE 2.2 Term. Unless sooner terminated as provided in ARTICLE XI, this Agreement shall have an initial term of one (1) year from the Effective Date ( "Initial Term "), and shall renew in additional one (1) year terms ( "Renewal Term ") that will each commence automatically unless either party at its sole discretion elects not to renew this Agreement by providing the other party at least ninety (90) days written notice of termination prior to the expiration of the applicable Term. Notwithstanding the foregoing, unless this Agreement is terminated for Carrier /Provider's uncured material breach as provided in ARTICLE XI, the terms and conditions of this Agreement shall remain in full force and effect for the duration of any Network Services purchased by Carrier /Provider during the Term of this Agreement. aL1 ARTICLE III -- NETWORK ARTICLE 3.1 Phased Deploy. City has begun and will continue deploying the Network in multiple phases. The development, design and installation of the Network shall be City's sole responsibility. Any undertaking to deploy additional phases of the Network shall be at City's sole discretion. City shall not be liable to Carrier /Provider, any end users, or any other person or entity for the failure to build the Network in any location. ARTICLE 3.2 Network Design. The Network shall be designed according to the City's specifications. City may, but is not obligated to, provide multiple ethernet Network entry points. When available, Carrier /Provider may, at its sole discretion, select one or redundant entry points to connect into the Network. Carrier /Provider, at its own expense, may offer consultation to City on Network design regarding quality and reliability measures, but City remains solely responsible for the Network design regardless of any such consultation. Carrier /Provider shall be solely responsible for its costs to meet Network entry points including, but not limited to, interconnect costs, collocation space, rack rental, power, and other interfacing costs. ARTICLE 3.3 Network Ownership. This Agreement shall not confer on Carrier /Provider any ownership or possessory interest in the Network, or any of its related facilities, equipment, easements or rights -of -way, or any other City or County property. ARTICLE 3.4 Intellectual Property. Carrier /Provider shall be responsible for obtaining all intellectual property licenses and rights with respect to Carrier /Provider's own equipment, software, and services used in connection with the Network. ARTICLE IV -- NETWORK OPERATIONS ARTICLE 4.1 Network Control. City shall have autonomy and control over the day -to -day operation of the Network, including, but not limited to, managing the platform and functionalities available over the Network. City shall provide primary management and control for the Network from its network operations center. Carrier /Provider and City shall cooperate with each other to coordinate service turn -ups and Retail Service deployment. During the Term, City, at its cost and expense, shall be responsible for Network maintenance. City shall at all times maintain the Network in good working order and repair and in a safe condition, in conformity with service level agreements and all applicable laws and regulations. City shall endeavor to restore damaged or malfunctioning portions of the Network in a timely manner. City acknowledges the importance of uninterrupted Network operation and shall arrive at repair sites with necessary personnel, equipment and materials and restore Network services in accordance with the service level agreements. To the extent repairs are required to the Network to fix damage caused by Carrier /Provider, Carrier /Provider shall pay the repair costs. To the extent damage is caused by any other customer, whether for Retail Services or Network services, City shall recover the repair expenses from the customer, and if the customer is Carrier /Provider's Retail Subscriber, Carrier /Provider will assist City in making the recovery by directly billing the Retail Subscriber for such expenses. City may also directly bill Carrier /Provider's Retail Subscribers for any such damages. ARTICLE 4.2 Customer Service. Carrier /Provider shall maintain a call center to field all customer service inquiries from its Retail Subscribers. Carrier /Provider shall be responsible for addressing and rectifying customer service inquiries that do not involve the Network. City shall maintain a call center accepting calls from Carrier /Provider to resolve customer service inquiries involving repair, maintenance or other contact with the Network. ARTICLE 4.3 Customer Connection to Network. City shall provide Network Services to Carrier /Provider to enable Carrier /Provider to provide its Retail Services to Retail Subscribers. Prior to providing Retail Services to a Retail Subscriber, Carrier /Provider shall obtain from such Retail Subscribers such licenses as may be required by City to authorize such installation. ARTICLE V -- PRICING AND PAYMENTS ARTICLE 5.1 Network Services. In consideration of City's provision of the Network to be used by Carrier /Provider for Retail Services, and as long as Carrier /Provider remains a Provider in good standing, as determined by Carrier /Provider's timely payment of its obligations to City, Carrier /Provider shall pay to City the prices and fees identified in the Product Catalog for Network Services. The fees shall be due and payable thirty (30) calendar days following Carrier /Provider's receipt of an invoice ( "Payment Due Date "). In the event Carrier /Provider disputes any fees invoiced in good faith, the details supporting such dispute must be submitted to City in writing prior to the Payment Due Date. If Carrier /Provider fails to dispute all or any portion of an invoice by the Payment Due Date, the invoice shall be deemed valid by the parties and Carrier /Provider shall have voluntarily waived all rights to dispute the same. Carrier /Provider's obligation to pay City is not contingent on whether Carrier /Provider actually received payment for the services it provided to Retail Subscribers. Carrier /Provider is responsible for its own collection of accounts receivable, the non - collection of which shall not impute any liability to City, nor relieve Carrier /Provider of its obligations under this Agreement. If Carrier /Provider fails to make any payments under this Agreement by the Payment Due Date, in addition to all other remedies at law or in equity, City may collect interest on unpaid amounts at the rate of one and one -half percent (1 ' /2 %) per month until Carrier /Provider is current on all payments. ARTICLE 5.2 Local Fees; Other Taxes. Carrier /Provider shall be solely responsible for the collection and remittance of all applicable federal, state and local taxes and fees, including, without limitation, income taxes, sales taxes, privilege taxes, applicable franchise or universal service fees. ARTICLE VI -- MARKETING ARTICLE 6.1 Carrier /Provider Marketing Efforts. Throughout the term, and any renewal thereof, Carrier /Provider shall use its best marketing efforts to aggressively promote its Retail Services and the Network to acquire Retail Subscribers, and to maintain good business relationships with Retail Subscribers. Carrier /Provider shall provide City: (a) a written summary of its plan for marketing Retail Services on the Network; and (b) a non - binding twelve (12) month forecast of Retail Subscribers and Retail Services. Nothing in this Agreement shall restrict or limit City's ability to independently promote, market, sell, or perform any other tasks relative to all or any portion of the Network, its Carrier /Providers, and /or the service offered across the Network. ARTICLE 6.2 Carrier /Provider's Use of City's Brand Name and /or Logo. Each party may use the other party's brand name and /or logo in such party's marketing materials, advertisements and /or press releases, provided that such use shall be in accordance with the other party's brand use guidelines that are provided from time to time. The parties acknowledge and understand that certain services may be provided to City by third parties. At City's sole discretion, Network services may also be promoted under third party brand names and /or logos. Each party's use of brand names and /or logos shall comply with the brand owner's use guidelines. Carrier /Provider shall request written consent for any press releases using City's brand names and /or logos before publication. Such consent shall be considered within twenty (20) business days and not unreasonably withheld. ARTICLE VII -- REPRESENTATIONS AND WARRANTIES ARTICLE 7.1 Representations and Warranties. Each party represents and warrants to the other party that: (a) it is duly organized and in existence in the state of its incorporation or organization; (b) this Agreement, when duly executed, shall constitute a valid, legal, and binding obligation of such party, and shall be enforceable in accordance with its terms; (c) the individual executing this Agreement on behalf of such party has been duly authorized to sign this Agreement; (d) to the best of its knowledge, such party has not violated any rule, order or regulation issued by any government authority with respect to any license, permit, or franchise which may materially and adversely affect its right or ability to execute, and perform in accordance with the terms of, this Agreement; (e) to the best of its knowledge, no litigation or government proceeding is pending or threatened which might adversely affect this Agreement, the transactions contemplated by this Agreement, or such party's WO rights under, or ability to perform pursuant to the terms of, this Agreement; and (f) such party possesses sufficient financial, managerial and technical capacity and resources to perform its obligations under this Agreement. ARTICLE 7.2 Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, City MAKES NO WARRANTIES REGARDING THE NETWORK, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE NETWORK WILL OPERATE ERROR -FREE OR WITHOUT INTERRUPTION. ARTICLE VIII -- COVENANTS ARTICLE 8.1 Conduct of Business. Carrier /Provider will use its best efforts to comply in all material respects with applicable laws, regulations and government orders applicable to Carrier /Provider's use of the Network to provide Retail Services. Carrier /Provider and its end users will comply with City's Acceptable Use Policy and other policies listed at http: / /www.accesseagan.com, which City may modify from time to time in its sole discretion. ARTICLE 8.2 Privacy of Customer Information. Each party will comply with all applicable federal, state, and local laws, regulations and ordinances regarding the protection and use of customer information. The parties acknowledge that they from time to time may be required to provide a Law Enforcement Agency (LEA) with the capability to conduct electronic surveillances on the Retail Subscribers. Where City is providing the underlying network facilities for on -net local voice calls between Carrier /Provider's customers on City's Network, City agrees to provide Carrier /Provider access to any necessary elements of its Network required to comply with federal, state and local electronic surveillance requirements; provided, however, that the implementation and provision of any such electronic surveillance with respect to the Retail Subscribers shall be Carrier /Provider's sole responsibility and implemented by Carrier /Provider's employees or agents, unless otherwise required by law or to fulfill Carrier /Provider's compliance with such law. The Parties further agree no later than ninety (90) days after the Effective Date to document a method and procedure that fully sets forth the roles, responsibilities, methods, and procedures of the Parties for handling security and electronic surveillance issues related to the Retail Subscribers. Carrier /Provider shall be responsible for filing any and all reports mith all applicable governmental agencies related to compliance with the provisions of this Section. On those occasions when Carrier /Provider receives a court order that requires the assistance of City to capture or monitor on -net activity, and recognizing the non - disclosure obligations that may be contained therein, Carrier /Provider shall advise the issuing authority that City's assistance is required and the issuing authority shall direct and serve the court order upon City. If either City or Carrier /Provider receives an initial inquiry from the LEA, prior to the issuance of a court order, which will require the assistance of the other party to capture or monitor on -net activity, that Party shall request the LEA to name and serve both City and Carrier /Provider. ARTICLE 8.3 Damage or Destruction. In the event any segment of the Network is damaged or destroyed, City or Carrier /Provider shall give immediate notice to the other party of the occurrence of the damage or destruction. City and Carrier /Provider shall cooperate with each other to reroute or substitute services delivered by means of the affected portion of the Network to allow for continued and least interrupted service to customers. City shall have sole repair obligation and shall use its reasonable efforts to restore or reroute service as quickly as possible so that the use of the Network is minimally disrupted. ARTICLE 8.4 Insurance. During the term of this Agreement, Carrier /Provider shall at all times, at its own cost and expense, procure and maintain insurance or some other type of comparable security as necessary to cover their respective duties assumed under this Agreement, including workers compensation, commercial general liability and property damage insurance, as well as such other insurance as may be required by law. Carrier /Provider shall require its respective contractors, subcontractors and agents ( "Carrier /Provider Agents ") to maintain adequate insurance coverage to respond to the types and degree of risk posed by the work performed by such parties. At a minimum, during the term of this Agreement, Carrier /Provider shall maintain, and shall require each Carrier /Provider Agent to maintain, at its or their own expense, insurance coverage with limits of no less 09 than the following, which limits shall not be deemed to be a limit of liability on the obligations of Carrier /Provider or Carrier /Provider's Agents: (a) Commercial General Liability including contractual liability, providing coverage against liability for bodily injury, death, and third party property damages in the minimum amount of Five Hundred Thousand Dollars ($500,000) per occurrence and no less than One Million Dollars ($1,000,000) general aggregate; and (b) Automobile Liability in the minimum amount of One Million Dollars ($1,000,000) Combined Single Limit per occurrence for bodily injury and property damage (covering owned, non -owned and hired vehicles). ARTICLE 8.5 Certificates of Insurance. Carrier /Provider shall deliver to City certificates of insurance issued by the insurer or an agent of the insurer prior to the execution of this Agreement. Such certificates shall indicate that policies providing coverage and limits of insurance are in full force and effect. Carrier /Provider will have the City listed as an additional insured on the general liability and any excess /umbrella liability policies through the Carrier /Provider's insurer issuing an additional insured endorsement and provide a copy of this additional insured endorsement with the certificate of insurance. The general liability policy will provide a waiver of subrogation against City. Each certificate shall provide that no less than 30 days' written notice will be given in writing to City prior to cancellation, termination, or material alteration of any one of the policies. ARTICLE IX -- ASSIGNMENT AND SECURITY INTERESTS ARTICLE 9.1 City Financings. To finance Network construction, installation and operations, City reserves the right to grant security interests in the Network to one or more third parties. Carrier /Provider, at the request of City, shall execute such acknowledgments, subordinations and estoppel agreements as may be required in connection with City's financings. ARTICLE 9.2 Attornment. In the event that title to the Network changes as may be permitted hereunder, Carrier /Provider's obligations under this Agreement shall remain in force and in effect, and shall attorn to the benefit of the successor in title; provided, however, that any such successor in title maintains sufficient financial, managerial, and technical capacity and resources to perform its obligations under the terms of this Agreement, and such successor meets all of City's obligations and representations under this Agreement. ARTICLE 9.3 Assignment by Carrier /Provider. Carrier /Provider shall have the right to assign or transfer its interest in this Agreement with City's prior written consent which shall not be unreasonably withheld, conditioned or delayed, provided that any assignee or transferee hereunder: (a) assumes all of Carrier /Provider's obligations under this Agreement; (b) holds all necessary government authorizations, certifications and permits to provide Retail Services; and (c) in the reasonable judgment of City, possesses sufficient financial, managerial and technical capacity to perform under the terms and conditions of this Agreement. Any assignment or transfer of Carrier /Provider's interest in this Agreement in violation of this Section, at City's option, shall be void, or give City, in its sole discretion, the right to declare a termination event under Article XI of this Agreement. ARTICLE X -- LIABILITY AND INDEMNIFICATION ARTICLE 10.1 Indemnity. Carrier /Provider shall indemnify, defend and hold harmless the City and their officers, agents and employees of and from any claim, demand, lawsuit, or action of any kind for injury to or death of persons, , and damage or destruction of property, arising out of: (a) negligent or willful acts or omissions of such party, its agents, officers, directors, employees or contractors; (b) the performance by such party of any of its obligations under this Agreement; or (c) any allegation that the indemnifying party has infi•inged, misappropriated or otherwise violated the intellectual property right of a third party. The obligation to indemnify shall extend to and encompass all costs incurred by City in defending such claims, demands, lawsuits or actions, including, but not limited to, attorney, witness and expert witness fees, and any other litigation related expenses. M I Carrier /Provider shall pay any cost that may be reasonably incurred by the City in enforcing this indemnity, including reasonable attorney fees and court costs. The parties will cooperate with each other in the defense of any third party claims covering a combination of Carrier /Provider's equipment, software and the like with City's Network. ARTICLE 10.2 No Consequential Damaacs, Direct Damages. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, NEITHER CITY, CARRIER/PROVIDER NOR THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS SHALL BE LIABLE TO THE OTHER FOR INCIDENTAL, CONSEQUENTIAL, RELIANCE, SPECIAL, PUNITIVE OR INDIRECT DAMAGES ARISING OUT OF THIS TRANSACTION WHETHER BY REASON OF CONTRACT, INDEMNITY, STRICT LIABILITY, NEGLIGENCE, BREACH OF WARRANTY OR FROM BREACH OF THIS AGREEMENT, AND REGARDLESS OF WHETHER THE PARTIES KNEW OF THE POSSIBILITY THAT SUCH DAMAGES COULD RESULT, EACH PARTY HEREBY RELEASES THE OTHER PARTY OF SUCH CLAIMS. CITY'S TOTAL LIABILITY TO CARRIER/PROVIDER SHALL BE LIMITED TO THE LESSER OF THOSE AMOUNTS DUE PURSUANT TO THE SERVICE LEVEL AGREEMENTS, OR THE TOTAL AMOUNTS ACTUALLY PAID BY CARRIER/PROVIDER TO City DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ALLEGED DAMAGE OR CLAIM. NOTHING CONTAINED IN THIS SECTION SHALL LIMIT A PARTY'S LIABILITY TO THE OTHER FOR (i) WILLFUL OR INTENTIONAL MISCONDUCT (INCLUDING GROSS NEGLIGENCE) OR (ii) BODILY INJURY, DEATH OR DAMAGE TO TANGIBLE REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY CITY'S OR CARRIER/PROVIDER'S NEGLIGENT ACT OR OMISSION OR THAT OF THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS, NOR SHALL ANYTHING CONTAINED IN THIS SECTION LIMIT THE PARTIES' INDEMNIFICATION OBLIGATIONS, AS SPECIFIED IN THIS AGREEMENT. FOR PURPOSES OF THIS SECTION, AMOUNTS DUE AND OWING TO City PURSUANT TO THIS AGREEMENT SHALL NOT BE CONSIDERED TO BE INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR SPECIAL DAMAGES. In the event of a breach of this Agreement that is not otherwise cured as provided herein, and subject to the indemnification obligations in this Agreement, the parties shall be liable to each other only for direct damages. ARTICLE 10.3 Limitation of City Liability. Carrier /Provider shall have sole responsibility for the provision of Retail Services to its Retail Subscribers. City shall in no way be deemed to guarantee the adequacy of Carrier /Provider's Retail Services for such Retail Subscribers' needs or requirements. The waivers and disclaimers of liability, releases from liability, exclusive remedy provisions, and (except as expressly stated to the contrary therein) indemnity and hold harmless provisions expressed throughout this Agreement shall apply even in the event of the fault, negligence (in whole or in part), strict liability, or breach of contract of the party released or whose liability is waived, disclaimed, limited, apportioned or fixed by such exclusive remedy provision, or who is indemnified or held harmless, and shall extend to their respective affiliates and its and their respective partners, directors, officers, employees and agents. Such provisions shall continue in full force and effect notwithstanding the completion, termination, suspension, cancellation or rescission of this Agreement, or termination of the rights and privileges granted by this Agreement. No officer, director, employee, agent or other individual representative of either City or Carrier /Provider shall be personally responsible for any liability arising under this Agreement. ARTICLE XI -- BREACH AND TERMINATION ARTICLE 11.1 Termination Events. The occurrence and continuance of the following events may result in the termination of this Agreement, at the terminating party's sole discretion, subject to this Article: (a) a material breach or a material default under the terms, covenants and conditions of this Agreement by either City or Carrier /Provider, including, without limitation, the Carrier /Provider's failure to make payments when due; (b) a change in any federal, state or local law, regulation or rule, or the issuance of an Order by the Federal Communication Commission, that materially impacts ownership or operation of the Network, or Carrier /Provider's use, or the terms for Carrier /Provider's use, of the Network. Upon a party's notice of termination under this Section 11.1(b), each party's sole liability is limited to meeting its respective obligations set forth in Section 11.3, as applicable, and as permitted under such change in law; (c) immediately without delivery of notice, upon: (1) the insolvency of Carrier /Provider, as determined by Carrier /Provider's inability to pay its debts to creditors as they become due, (2) the filing by Carrier /Provider of a voluntary petition in bankruptcy, (3) the involuntary commencement against Carrier /Provider of any proceedings under any law (whether United States or foreign) relating to insolvency or bankruptcy which is not vacated within 30 days, (4) adjudication of Carrier /Provider as bankrupt or insolvent pursuant to an involuntary petition, (5) the appointment by any court of competent jurisdiction of a temporary or permanent receiver, custodian, trustee or other officer having similar powers for Carrier /Provider or Carrier /Provider's business, who is not removed within 30 days, (6) any levy under attachment, garnishment, execution or any other similar process against Carrier /Provider which is not vacated within 30 days or removed by payment or bonding, or (7) any assignment by Carrier /Provider for the benefit of its creditors. Carrier /Provider shall immediately notify City in writing upon the occurrence of any of the above - listed events. Failure to do so shall constitute a breach of this Agreement; or (d) upon sixty (60) days' written notice for any or no reason. ARTICLE 11.2 Right to Cure. If the termination event is a breach or default described in Section 11. 1, the non - defaulting party shall give written notice of such occurrence to the defaulting party. The defaulting party shall be given a reasonable time to cure any breach or default as follows: (a) in the case of a monetary default for undisputed charges, the defaulting party shall have ten (10) calendar days after receipt of written notice to effect a cure; (b) in the case of a nonmonetary default, the defaulting party shall have sixty (60) calendar days after receipt of written notice to effect a cure. If the nonmonetary default cannot be corrected within such sixty (60) calendar day period, the defaulting party shall have an additional reasonable time in which to effect a cure, provided the defaulting party commences corrective action within the original sixty (60) calendar day period and thereafter diligently prosecutes the corrective action to completion. If the defaulting party does not timely cure the breach or default within the time periods specified above, the non - defaulting party may elect to terminate this Agreement by providing written notice of such election to the defaulting party. ARTICLE 11.3 Rights upon Termination. Upon the termination of this Agreement, the parties shall continue to abide by the terms of the Agreement, including the payment obligations hereof. The termination period shall last a maximum period of two (2) weeks following the date of termination notice. Carrier /Provider shall have the right to use the Network to deliver Retail Services during the termination period only as necessary to continue service to existing Retail Subscribers until such Retail Subscribers are migrated to any alternative Carrier /Provider. Carrier /Provider shall use best commercial efforts to transition its Retail Subscribers to another Carrier /Provider using the Network, if available, within two (2) weeks after the date of termination notice. Following the two (2) week period after the date of termination notice, City may directly transfer Carrier /Provider's Retail Subscribers to alternative City Carrier /Providers, or to any other alternative solution reasonably necessary to maintain the Retail Subscribers continuity of services, and City may take such other reasonable actions that may be necessary to prevent service disruptions to Retail Subscribers as a result of the termination of this Agreement. ARTICLE XII MISCELLANEOUS ARTICLE 12.1 General. This Agreement shall constitute the entire agreement and understanding of the Parties with respect to the subject matter hereof, and shall supersede all offers, negotiations and other agreements with respect thereto. Any amendment to this Agreement must be in writing and executed by the authorized representatives of each Party. This Agreement may be executed in any number of counterparts and by each of the Parties hereto on separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. Any signature page of this Agreement may be detached fi•om any counterpart and reattached to any other counterpart hereof. The facsimile transmission of a signed original of this Agreement or any counterpart hereof and the retransmission of any signed facsimile transmission hereof shall be the same as delivery of an original. If any term or provision of this Agreement shall, to any extent, be determined by a court of competent jurisdiction to be void, voidable or unenforceable, such void, voidable or unenforceable term or provision shall not affect any other term or provision of this Agreement. Whenever the context shall require, the plural shall include the singular, the whole shall 3� include any part thereof, and any gender shall include both other genders. The article, section and paragraph headings contained in this Agreement are for purposes of reference only and shall not limit, expand or otherwise affect the construction of any provisions hereof. All references in this Agreement to articles, sections and paragraphs, unless expressly noted otherwise, are to articles, sections and paragraphs contained in this Agreement. City and Carrier /Provider reserve no control whatsoever over the employment, discharge, compensation of or services rendered by the employees or contractors of each other. Nothing in this Agreement shall be construed as inconsistent with the foregoing independent status and relationship or as creating or implying a partnership or joint venture between City and Carrier /Provider. There are no third party beneficiaries to this Agreement. ARTICLE 12.2 Governing Law; Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Minnesota. For all litigation which may arise with respect to this Agreement, the parties irrevocably and unconditionally submit to the non - exclusive jurisdiction and venue (and waive any claim of forum nonconveniens) of the federal court or Dakota County district court in Minnesota. For all litigation which may arise with respect to this Agreement, the parties irrevocably and unconditionally submit to the non - exclusive jurisdiction and venue (and waive any claim of forum nonconveniens) of the federal court or Dakota County district court in Minnesota. For all litigation which may arise with respect to this Agreement, the parties irrevocably and unconditionally submit to the non - exclusive jurisdiction and venue (and waive any claim of forum nonconveniens) of the federal court or Dakota County district court in Minnesota. For judgment collection purposes only, the parties further consent to the jurisdiction of any state court located within a district which encompasses assets of a party against which a judgment has been rendered for the enforcement of such judgment or award against the assets of such party. ARTICLE 12.3 Commissions and Costs. No brokerage, finder's or other fee, commission or compensation shall be paid by either party in connection with the transaction contemplated by this Agreement. The parties shall indemnify and hold each other harmless (including attorney fees and costs) from and against any and all claims for brokerage and finder's fees or commissions which may be asserted against the other based on the actions or omissions of the indemnifying party. Except as otherwise set forth in this Agreement, each party shall be responsible for its own costs, including legal fees, incurred in negotiating and finalizing this Agreement. ARTICLE 12.4 Construction and Interpretation. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been negotiated by the parties and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it. This Agreement shall be binding upon and shall inure to the benefit of City, Carrier /Provider and their respective successors and assigns. ARTICLE 12.5 Excuse of Performance. Notwithstanding anything in this Agreement to the contrary, neither party shall be liable or responsible for a delay or failure in performing its obligations (other than Carrier /Provider's obligations to make payments for Network Services already provided by City) under this Agreement caused by Force Majeure. If either City or Carrier /Provider cannot fulfill any of its obligations under this Agreement by reason of Force Majeure, such party shall promptly notify the other and shall exercise due diligence to remove such inability with all reasonable dispatch; provided, that nothing contained in this Agreement shall be construed as requiring City or Carrier /Provider to settle any strike, work stoppage or other labor dispute in which it may be involved, or to accept any permit, certificate, license or other approval on terms deemed unacceptable to such party, or to enter into any contract or other undertaking on terms which the party deems to be unduly burdensome or costly. If the nature or duration of the Force Majeure event is such that either party is irreparably harmed to the extent that both parties agree that the affected party is unable to perform its obligations under this Agreement, then the affected party shall be held harmless and have the right to terminate this Agreement as provided herein. ARTICLE 12.6 Waivers. The failure by either party at any time or times hereafter to require strict performance by the other of any of the undertakings, agreements or covenants contained in this Agreement shall not waive, affect or diminish any right of either party to demand strict compliance and performance therewith. None of the undertakings, agreements or covenants of the parties under this Agreement shall be deemed to have been waived unless such waiver is evidenced by an instrument in writing signed by the party to be charged specifying such waiver. ARTICLE 12.7 Notices. Unless otherwise specifically provided in this Agreement, any notice or other communication herein required or permitted to be given shall be in writing and may be personally served, faxed, emailed or sent by courier or United States certified mail and shall be deemed to have been given when delivered in person or by courier service, upon receipt of a telecopy or telex, or five (5) days after deposit in the United States mail, with postage prepaid and properly addressed, as follows: if to City to: ; and if to Carrier /Provider, to: Such addresses may be changed by notice to the other party given in the same manner as above provided. ARTICLE 12.8 Attorney. If either party defaults in any of the covenants or agreements contained herein, the defaulting party shall pay all costs and expenses, including reasonable attorney fees and costs, incurred by the non - defaulting party to protect its rights hereunder, regardless of whether an action is commenced or prosecuted to judgment. ARTICLE 12.9 Survival. In the event of termination or upon expiration of this Agreement, those provisions that normally would survive, shall survive, and continue in full force and effect. Effective Date written above. City: City of Eagan By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk Name: Title: 3 EXHIBIT "A" ACCEPTABLE USE POLICY Acceptable Use Policy (AUP) for Qualified Providers of AccessEagan. Provider may not use, and shall provide notice to its end users that they are prohibited from using the AccessEagan Network to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including: 1. 1, Illegal or unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the City of Eagan.; 1.2. Malicious interference with service to any user of AccessEagan or other network. including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; 1.3. Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting); 1.4. Collecting or using AccessEagan information without the consent of the City of Eagan; 1.5. Use of any false, misleading, or deceptive TCP -IP packet header information in an e- mail or a newsgroup posting; 1.6. Use of the Network to distribute software that covertly gathers information about a user or covertly transmits information about the user; 1.7. Use of the Network for distribution of advertisement delivery software unless: 1.7.1. The user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and 1.7.2. the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "add /remove" tool); or 1.9. Any conduct that is likely to result in any server owned and /or maintained by AccessEagan being the target of a denial of service(DoS) attack. 2. Provider must take reasonable security precautions as are standard in the industry in the use of the AccessEagan Network. 3. Provider must comply with the CAN -SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial e -mail. 4. Provider may not attempt to probe, scan, penetrate or test the vulnerability of the AccessEagan system or Network or to breach AccessEagan's security or authentication measures, whether by passive or intrusive techniques, except with the express written consent of the City of Eagan. 5. Provider must provide notice to users that use of Provider's services to transmit obscene or offensive materials or to harass others is prohibited by federal law, may subject users to civil and /or criminal liability and is punishable by fines and imprisonment. Provider shall notify users of a mechanism by which they can report violations of any law, including obscenity and child pornography laws. Provider shall also notify users that any violation of any law may result in the immediate termination of their services. Provider shall immediately review and, if necessary, terminate services to users who violate any State, federal or local law. 6. Provider may not and must provide notice to users that they may not use AccessEagan's network or equipment to download, publish, distribute, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless: 6.1. Provider or user is otherwise permitted by established United States copyright law to copy the work in that manner. 7. Provider must comply with the Digital Millennium Copyright Act. 8. Consequences of Violation of this AUP 8.1. The City of Eagan may, with notice to Provider, suspend Provider's service or remove any content transmitted via the AccessEagan network if the City of Eagan has knowledge that Provider is in violation of this AUP. Provider shall reasonably cooperate with the City of Eagan's reasonable investigation of any suspected violation of the AUP. The City of Eagan will use best efforts to contact Provider prior to suspension of network access to Provider's server(s); however, if prior notification cannot be given, it shall use best efforts to promptly notify Provider following suspension of network access. 8.2. Provider is strictly responsible for the violation of this AUP due to its own actions or omissions (but not including (i) violations by Provider's customers, (ii) unauthorized use of Provider's service or (iii) violations resulting from City of Eagan's failure to perform its obligations under the AccessEagan Broadband Network Agreement or a Service Level Agreement). 9. Amendments to this AUP 9.1. The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, the City of Eagan may from time to time amend this AUP with prior written notice to Provider in accordance with this Agreement to further detail or describe reasonable of use of the AccessEagan Network. 10. Disclaimer The City of Eagan and Provider are under no duty, and do not by this AUP undertake a duty, to monitor or police their respective Providers or customers' activities, and disclaim any responsibility for any misuse of by such Providers or customers. 11. Provider shall draft an acceptable use policy, to be accepted by each of its users prior to user of the AccessEagan Network, that encompasses, at a minimum, the requirements for users in the AUP. 357 CARRIER CONNECTION REIMBURSEMENT AGREEMENT This Connection Reimbursement Agreement authorizes the City of Eagan to malce a connection to the AccessEagan broadband network for the following customer: Customer (name / address): By my signature below, I, as the authorized representative of , authorize the City of Eagan to connect the customer identified above to the AccessEagan broadband network. I understand that I must reimburse the City for any and all costs that the City's construction contractor and other employees and agents incur in malting the customer's connection to the AccessEagan network. I understand that upon completion of the work, the City will provide an invoice to me and I must provide reimbursement to the City within five business days thereafter. In the event that I fail to provide reimbursement to the City, the City may terminate its agreement with me and in the event that the City commences any action to collect the connection fee from me, I agree to reimburse the City for any and all costs incurred in such action, including reasonable attorneys' fees. Dated: .2012 (Business Name) By: (Signature) (Printed Name) Its: (Title) ME ACCESSE A fiber service for business Immenowwo- PROPERTY OWNER CONNECTION AGREEMENT The agreement authorizes the City of Eagan to make a connection to the AccessEagan broadband network. You will then be able to purchase services from the carriers and /or providers that operate on the AccessEagan network. Business (name / address): Yes, I accept a fiber connection to the AccessEagan network that will provide my business with access to telecommunications services from several competing carriers and /or providers. No, I do not accept. IMPORTANT: If you are renting, this agreement must be signed by the Owner of the Property. OWNER: By my signature below, I, as the fee owner of this property, authorize the City of Eagan to connect this structure to the AccessEagan broadband network. I also grant permission to the City's Construction Contractor and other employees or agents to enter my property for the purpose of constructing, inspecting, repairing, removing, relocating, replacing, and maintaining the said network connection. This permission is predicated on the basis that the contractor will restore my property to a condition equal to or better than when the work commenced. If the work to be performed is only for installation of a connection to AccessEagan, no additional documentation of my authorization is necessary. If the work to be performed includes construction of any other kind, my signature on an additional contract will be required prior to the commencement of work. I acknowledge that after the installation of the fiber to the AccessEagan broadband network I am responsible for all maintenance of the fiber connection from the City right -of -way to the building located on the property. Please check the following statements that apply to you: ❑ I am the fee owner of the property ❑ Building has a telecom closet or conduit on the interior ❑ Property is fenced ❑ Property is NOT fenced Owner: Name: Signature: Business: Address: Date: Z9 A s A AN A fiber service for business PROPERTY OWNER CONNECTION REIMBURSEMENT AGREEMENT The agreement authorizes the City of Eagan to make a connection to the AccessEagan broadband network. You will then be able to purchase services from the carriers and /or providers that operate on the AccessEagan network. Business (name / address): Yes, I accept a fiber connection to the AccessEagan network that will provide my business with access to telecommunications services from several competing carriers and /or providers. No, I do not accept. IMPORTANT: If you are renting, this agreement must be signed by the Owner of the Property. OWNER: By my signature below, I, as the fee owner of this property, authorize the City of Eagan to connect this structure to the AccessEagan broadband network. I also grant permission to the City's Construction Contractor and other employees or agents to enter my property for the purpose of constructing, inspecting, repairing, removing, relocating, replacing, and maintaining the said network connection. This permission is predicated on the basis that the contractor will restore my property to a condition equal to or better than when the work commenced. If the work to be performed is only for installation of a connection to AccessEagan, no additional documentation of my authorization is necessary. If the work to be performed includes construction of any other kind, my signature on an additional contract will be required prior to the commencement of work. I acknowledge that after the installation of the fiber to the AccessEagan broadband network I am responsible for all maintenance of the fiber connection from the City right -of -way to the building located on the property. I understand that I am responsible for all costs associated with the connection to the AccessEagan broadband network and I have provided an initial deposit of $ . If the actual costs exceed the deposit, I will provide payment of any additional sums within 10 days after receipt of the invoice. If the actual costs are less than the deposit, the City agrees to refund the same to me. Please check the following statements that apply to you: Owner: Name: Signature: Business: Address: Date: ❑ I am the fee owner of the property ❑ Building has a telecom closet or conduit on the interior ❑ Property is fenced ❑ Property is NOT fenced WM Agenda Information Memo October 2, 2012, Eagan City Council Meeting M. APPROVE ELECTION JUDGES FOR THE NOVEMBER 6, 2012 GENERAL ELECTION ACTION TO BE CONSIDERED: To approve the list of election judges for the November 6, 2012 General Election. FACTS: ➢ State Statute requires the City Clerk to recommend and the City Council to appoint election judges. In addition to the judge lists submitted by the major political parties, election judges were recruited through a newspaper advertisement, the City website and Facebook. ➢ A list of the proposed election judges with parry affiliation was included in the Additional Information packet distributed to Council on September 21, 2012. ➢ The judges on the attached list have met the minimum qualifications set forth in State Statute. ATTACHMENTS (1): The list of proposed election judges for the November 6, 2012 General Election is attached on pages 40 to - 4L�. RMEM Proposed City of Eagan Election Judges November 6, 2012 General Election SUE ABBOTT MAYGEN CALDERRON MARIANNE ADELMANN KRISTINE CALLAHAN LINDA ADERHOLD DIANE CARROLL MARK AGNEW HERB CHAMBERS LOIS AGRIMSON LINDA CHAMBERS NGOZICHIKWU AKUBUIKE MARY CHARPENTIER SHIRLEY ALOJADO GEORGIA CIRKSENA RON ANDERSON KRISTINA CLARK BRUCE ANDERSON KAREN COHOES DAWN ANDERSON TONY COLEMAN MARY LOU ANDERSON DIANE COLONGA DON ANDERSON MIKE COOK JANET ANDERSON GAIL COOK DENISE ARAMBADJIS KATHLEEN COUCH NANCY ARATA WENDI CRANE GARY ASH KAREN DARE VIRGINIA BATTIS MARA DAVENPORT DEBORA BECK MELISSA DEAN LINDA BECKER DOUGLAS DEGROTE GEORGE BEHNKE TONI DEMBSKI TERI BELL JOHN DEMKO GROVER BELLILE JOHN DEMMA DIANNE BELSKI JUDY DENARDO DIANE BERG BOB DeNARDO JENIFER BERGER THERESA DEPOLLO KAREN BERHOW BARBARA DEVEREAUX LARRY BERHOW MARILYN DEVILEY JINNY BERKOPEC JOSEPH DIERKES BRUCE BERTHE SHERRY DILLEY DIANNE BERTHE BARBARA DINGMAN MARY BERTIE MERI FAYE DITSCHLER CAROLYN BESEKE GERIANNE DODGE CHERYL BIEGLER PEGGY DOLPHAY JAMES BLAIR THOMAS DUERRE KRISTEN BOEKE BRIAN DUFFY GEORGE BOHLIG MARY ELBERT SUSAN BRADLEY STEPHEN ENDRIZZI CLAUDIA BREDEMUS ARLENE ENGLERT KENT BROST JESSE ESTUM REBECCA BROWN THOMAS EYKYN GREGORY BUCK MARILYN EYKYN SHIRLEY BURKARD CARALYNE FAIRCHILD SHERYL BURKHARDT BETTY FEDDE KATHY BURTON EMILIO FEDELI LATRICE BYBOTH KATHLEEN FINEGAN ROBERT CAJACOB DALE FIRL 1w�, [Al Proposed City of Eagan Election Judges November 6, 2012 General Election ROXANNE FLETT ARLEN HARMONING GARY FLODIN MILDRED HARTLEBEN AMANDA FOGG ALAN HARTMANN SONI FORSMAN ORLANDO HASH MARY FOSS HERDIS HASH LINDA FOSTER NANCY HAUSLADEN BARBARA FOX KIM HAZEL ROGER FREDLUND CAROLE HEFFERNAN CAROL FREUND ARTHUR HENDDRICKS JULIA FRIESEN MARY HERNANDEZ MILLER FRIESEN RICHARD HESSEMEYER TATIANA FROLOFF GERI HETTERICK STACEY FULLER ROBERT HOAGLUND MICHELLE GARAY DIANNE HOBOT CHARLES GARBER KENT HODGDON PAT GEAGAN YVONNE HOLCOMB SUZANNE GEAGAN GLEN HOLLAND MILLIE GIGNAC CHARLES HOLMAN HUGH GITLIN JANET HOLMQUIST ROXIE GITTINGS MARION HOLZEMER KELLY GLOVER CAROL HORNUNG PAMELA GONNELLA MARTHA HOVERSTEN EILEEN GONYEAU BILL HUDSON DAVID GOODELL JANINE HUDSON CHRISTINE GOODRICH MARLENE HYLBAK KARI GOODSON ROXANNE IANOVICH RICHARD GRAMLING RICHARD IFFERT HELEN GRASS CAROL JACOBS DARELL GRASS HENRY JANDEWERTH ROSE GRENGS GARY JOHNSON LAURA GRIMES LUCIA JOHNSON DOUGLAS GROETTUM GERALD JOHNSON JULIE GROETTUM PENELOPE JOHNSON LARRY GRUENBERG CAROL JOHNSON JULIE ANN GRZEHIEN CHRISTINE JONES ANNE GUELCHER BRAD JONES STEVE HADRITS TIM JONES MARY HAGBERG DARLETTE JORGENSON CHERYL HAHN JOHN JUREWICZ PATRICIA HAMLING PATRICIA KAEDER PAUL HAMLING JOSEPH KAHN LAURA HANDLER CARRIE KAHN KRISTIN HANSON BERNETTA KAMBEITZ NANCY HANSON JEFF KAMM KATHRYN HANSON CAROL KEARNS ANDREA HARLIN GORDON KEELER [Al Proposed City of Eagan Election Judges November 6, 2012 General Election JOAN KENNEDY BARBARA MATHIEU THOMAS KEYON MICHAEL MATHIEU MELINDA KIEMELE CHARLES MAUS CONSTANCE KING AL MAYERS JENNIFER KIRK ROSE ANN MAZIERSKI BARRY KISSELL LAURIE MCCULLUM SHIRLEE KLANG DENNIS MCDONALD CAROLE KLECKER PAT JAMES MCGRAW BARRIE KLETSCHER MARY MCGUIRE DOUGLAS KNIECH NANCY MCINTIRE BARBARA KOESTER WILLIAM MCKEOWN MARY JO KOPLOS STEVEN MCKINLEY ELDORA KRAEMER JONI MCLEAN MICHELE KRAKOWSKI REGINA MCNEARNEY PAM KRUEGER BETTY MCNEILL CINDY KRUEGER DEBRA MEINDERS DEBRAH KUNKEL RITA MERTES JEAN LACHMAN CAROLYN MESTNIK MARIE LANE GARY MEYER SHEILA LANGE ROBERT MICHELSON MARY LANNERS DOT MIDDLETON LISA LaPOINTE MARCIA MILLER JOHN LARKIN JUDY MILLER RAYMOND LARSON SHARON MILLER SANDRA LEE IDONNA MILLER DONALD LEE APRIL MILLER RUBY LEE KATHLEEN MISCHNICK DONNA LIBERTY NAOMI MOHR JUDY LIENAU CAROL MONSOUR SARAH LINDQUIST TOM MOREAU ARTHUR LINK KENNETH MORRISON JANET LINKERT JEAN MUETING MALCOLM LONG GARY MUILENBERG CHARLEEN LOUIS JOAN MULLANEY ZENAIDA LUCIANO JOHN MULLIGAN III CHANNING LUDEN MARY MUNSTERMAN WAYNE LUNDQUIST JANE MUTCHLER DEBORAH LYON JAMES NEAGBOUR REBECCA LYSTIG KYLA NELSON WILLIAM MADDEN KRISTA NELSON MARY MAKEEFF ROBERT NEWMAN JULI ANN MALONEY RICHARD NICOLAY BARBARA ANN MARCH ANGELA NIESE DEAN MARSHALL MARGARET NOLAN SUSAN MARSHALL ALFRED NOLTEMEIER SHANNON MARTIN BONNIE NUNES qa q3 Proposed City of Eagan Election Judges November 6, 2012 General Election PARICK NUTTER CATHERINE SCHALLENBERG WENDE O'BRIEN WILLARD SCHINDELDECKER MAUREEN O'CONNOR DIANE SCHMITZ LYNN O'GORMAN PAMELA SCHMITZ MARK O'GORMAN BARBARA SCHNEIDER ANNMARIE O'NEILL DAWN SCHOLBROCK KATHERINE OSTHUS JEFFREY SCHUETTE RONALD PANKONIN CONNOR SCHULTE CAROL PARENT PEGGY SCHULZ JIM PASKETT SHIRLEY SCHWANZ DIANE PAS SANTE KATHRYN SCHWAPPACH JIM PATNODE DONALD SCHWAPPACH PATTI PAUL MELISSA SCHWARTZ DARLENE PEARSON BEVERLY SCHWARTZ TERESA PEGELOW JULIANN SCHWARTZ MICHAEL PEIFFER TERESA SCHWARTZ JEFFREY PETERS ANN SELVA WILLIAM PETERSON STEVEN SERBER JUDY PETERSON JODY SEVERSON GRACE PETRI MICHAEL SEXTON CARLA PFEIFER MARY SHEARON THOMAS PILON JOEL SHELDON OLIVER PITTENGER ARLENE SHELDON STEPHANIE PROPSON EMERY SHER SANDRA QUAM SUSAN SHUMER FREDERICK REISHUS ROB SHUMER SALLY RENISH ROXANNE SIKKILA ARLEN RESTAD CARLA SIMONSON DEIDRE RICHARDS DeeAnn SIMSER KAREN RICHARDSON CARL SISK JERRY RICHARDSON SUE SISK SUE RIESGRAF TED SKLUZACEK EVELYN ROLLA ERIN SKOLTE SHARON ROLLEFSON NANCY I SMITH RUTH ROSE LARRY SPICER BETTY ROSS ANNE STARR PAMELA RULAY JANET STEVENS JENNIFER RUSERT DONALD STEVENS MARTIE RUZICKA MARY SULLIVAN SUZANNE RYSAVY PHYLLIS SUPER DENNIS SABEL RACHEL SUTTON KATHRYN SABEL JERRY SWANSON JOSEPH SAFRANIEC BERNICE SWANSON KAREN SAMES JOYCE SWEDEAN ANNETTE SAMSON DICK SWEDEAN ALAINA SATHER LINDA SWIERCZER q3 ERLYNESYVERSON JANE TEICH KRISTI TESSMER ARDIS THORSTENSON DALE TRAUTMAN NANCY TRAUTMAN LORI TRIPP DALE TURNHAM ROYCE TYRE KAREN UECKER LOIS VAN DYCK SHAJI VARAHSSE JUDY VELO BILL VENTURA CHEMIERE VERHEY FRED VIHOVDE CAROL VIHOVDE DALE VOGT ARDITH VOLK ROSALIE VOLLMAR MARY WALTER BONNIE WALTER KAY WANDERSEE JERRY WARD MARY WASHINGTON LYNN WASVICK LINDA WATTS HUNTER WAY DAWN WEINHAUS KATHI WEINZETL SHARON WEISE JOHN WELLS TOM WESSEL JOAN WETTERLING BILL WHITE EILEEN WILLIAMS SARA WOLFF NANCY WOOLWORTH KAREN WORKS LYNN YAMANAKA RAYMOND YARWOOD ROSEMARY YOUNG DAVID ZIMMERMAN JEFFREY ZIMMERMAN PEGGY ZOBEL Proposed City of Eagan Election Judges November 6, 2012 General Election 1Ai Agenda Information Memo October 2, 2012, Eagan City Council Meeting N. APPROVE ABSENTEE BALLOT BOARD JUDGES FOR THE NOVEMBER 6, 2012 GENERAL ELECTION ACTION TO BE CONSIDERED: To approve the list of absentee ballot board judges for the November 6, 2012 General Election. FACTS: ➢ Legislation enacted in 2010 requires all cities that administer absentee voting to appoint an absentee ballot board. ➢ The absentee ballot board judges must acceptor reject absentee ballots within five days of receipt. During the 14 days preceding an election, the absentee ballot board must accept or reject absentee ballots within three days of receipt. ➢ To ensure timely processing of the absentee ballots, and in keeping with past practice, the proposed list of absentee ballot board judges includes four City staff members. The rest of the proposed judges are judges who have previously served on the board or have expressed an interest in serving on the board. All proposed judges meet all of the minimum qualifications set forth by State Statute. Absentee ballot board judges receive additional training before serving on the board. ➢ The proposed absentee ballot board judges for the November 6, 2012 General Election are: • Office Support Specialist Janet Bolger • Temporary Elections Assistant Jessica Mitchell • Licensing /Office Support Specialist Carol Tumini • Office Support Specialist Denice Muccio Grout • Dawn Anderson • John Demko o Karen Dare o Bob DeNardo o Judy DeNardo o Paul Hamling o Patricia Hamling o Jeff Kamm o Jody Severson o Lynn Yamanaka ATTACHMENTS (0) law Agenda Information Memo October 2, 2012, Eagan City Council Meeting O. FINAL SUBDIVISION — EAGAN CAR CLUB ACTIONS TO BE CONSIDERED: ➢ To approve a Final Subdivision creating seven (7) lots and two (2) outlots on approximately six acres located on the west side of Highway 3, immediately north of 4135 Highway 3, subject to the conditions listed in the APC minutes. FACTS: ➢ The approximately 6 acre site is undeveloped and platted as a single lot; public access is provided from Highway 3. ➢ The applicant is proposing to subdivide the property into multiple parcels; each garage building will be on a single lot and two outlots will be held as common area. Ultimately, the developer plans to set up each separate garage space as an individually -owned condominium unit. ATTACHMENTS: (2) Location Map, page q r7 Plat Map, page 4 4(1P v WIN mm ���.�� �. I':• �w►�, � ® ®��® ., rte: Sid -!�►� Ir1�,•eo'° ►® 1!!i�� � � ��'"s'�.�►i�t,� � ►� �rr� moll ...� of off ��� M C-3 rri r— ii9 C" PV 1R r,13 N 4080 � O �•�04'yy - 1 c� u a ° C C 1Oo6Ags e�S �% N I�j�N WAm N00 °14'32 "W 110.00 11 � co A t� ?9 ��83 yew C. "'iL" ° $ N 09.ly / r. � ti0 '1,�r• r � A : u '� a N00 014'32 "W 110.00 1 ° Z ca I' u (T� 111 X60 ?9 d vV VIVII I I/'\I I \I I'IVL.I.V /ll ►/ rY f ° /�/lA lr1 A11f\ITI/'lAl .3 L_vVIVV / \V VIIIVIV p p+ \ \.ljo spa u� N00 026'16 "E 153.82 ul, I S00 026'16 "W 396.52 p io 00'89 > M.Z£,4I°0ON I S00 014'32 "E c N I 58.00 o0 Z 1N� e m N00 014'32 "W 159.00 1 1 .1 00 I A N z a z 1 (10 A I C° tj c N m N m %. u' I �a ' NaN A W p ps a 14 . m �'� c f m e(� m `� 1 W ;fl N00 014'32 "W 159.00 1 N $ $ 8 N I go N00 014'32 "W 159.00 11 pNp 80 Z a I 0 I � nu t I . 'fl (c_ a � °rl 3.Z£,41o00S S00014' "E N o I v (,') 00'99 xi' an = 58.00 \ 07 22.73 45.4 yb�°16 li k S00 °14'32 "E o N00 14'32 "W 159.00 P I I to 1; N W pQ \"\i„1 ?9010 01 A N00 014'32 "W 135.00 1 \ o�" 34- F m 1 �p ! 00 ED byo,t. o 6 00 u o . p Jp, p°j r4 ? `•., ?. 4080 � O �•�04'yy - 1 c� u a ° C C 1Oo6Ags e�S �% N I�j�N WAm N00 °14'32 "W 110.00 11 � co A t� ?9 ��83 yew C. "'iL" ° $ N 09.ly / r. � ti0 '1,�r• r � A : u '� a N00 014'32 "W 110.00 1 ° Z ca I' 5l': X60 ?9 d N00 14'32-W 110.00 ,a p p+ \ \.ljo spa u� N00 026'16 "E 153.82 ul, L4 g 1 1 Z y H Hy J J 7 7 H N Agenda Information Memo October 2, 2012 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 1063, CHATTERTON PONDS STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1063 (Chatterton Ponds) and authorize its certification to Dakota County for collection. FACTS: • Project 1063 provided for the street overlay improvements within Chatterton Ponds in central Eagan. • The Final Assessment Roll was presented to the City Council on September 4, 2012, with a public hearing scheduled for October 2, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately equal to the estimated benefit amount contained in the feasibility report presented at the public hearing held on February 7, 2012. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on September 24 to address all property owners' questions or concerns and provide any additional information of interest. Of the 28 parcels (all Single - Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages 50 through Sq . L �~` ✓, FINAL ASSESSMENT REPORT PROJECT PUBLIC HEARING DATES Number: 1063 Assessment: October 2, 2012 Name: Chatterton Ponds Project Approval: February 8, 2012 Final Feasibility Rate Report Units STREET Surf. /Sines - Low Dens Res $1,191.75 $1,180.00 Lot Eq Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 12 -02 28 5 yrs 3.5% $33,369 +$369 $62,200 - $1,600 $33,000 FR +1.1% $63,800 FR -2.5% 50 'T' City of Evan Mom To: Mayor and City Council From: John Gorder, City Engineer Date: September 25, 2012 Subject: Final Assessment Roll, Project 1063 Chatterton Ponds At the public hearing on Feb 8, 2012, the City Council ordered Project 1063. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay, street sign replacement, and concrete curb & gutter repair for the Chatterton Ponds project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the mill & overlay and street signage improvements to the benefiting residential properties. The improvements were completed under Contract 12- 02. The following information was used in the preparation of the assessment roll for Project 1063. PROJECT COST The total construction cost for this project is $75,409.15. This includes $75,117.98 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $291.17. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $20,159.69 were incurred, resulting in a total improvement and project cost of $95,568.84. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Mill & Overlay $53,433 $13,305 $66,738 $66,000 Conc Curb & Gutter Repair $21,976 $6,855 $28,831 $30,800 $75,409 $20,160 $95,569 $96,800 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT QTY PRICE COST MOBILIZATION LS 1.00 $2,500.00 $2,500.00 MILL BITUMINOUS PAVEMENT (0" -11/4" DEPTH) SY 2,430.00 1.36 $3,304.80 BITUMINOUS MATERIAL FOR TACK COAT GAL 620.00 2.45 $1,519.00 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TON 689.41 56.20 $38,744.84 TYPE SP 9.5 WEARING COURSE MIXTURE (3,13)(PATCH) TON 6.49 78.00 $506.22 ADJUST GATE VALVE BOX EA 2.00 218.00 $436.00 REPAIR GATE VALVE TOP SECTION W/ COVER EA 1.00 214.00 $214.00 ADJUST FRAME & RING CASTING EA 11.00 218.00 $2,398.00 51 ITEM UNIT CITY PRICE COST TRAFFIC CONTROL LS 1.00 1,600.00 $1,600.00 ADJUST FRAME & RING CASTING (RISER) EA 280.00 REPAIR GATE VALVE MID SECTION EA 1.00 375.00 $375.00 REMOVE & REPLACE FRAME & RING CASTING (27 ") EA 534.00 TRAFFIC SIGNAGE REPLACEMENT LS 1.00 291.17 $291.17 MILL BITUMINOUS PAVEMENT (0" -1 1/4" DEPTH) SY 1,072.00 1.44 $1,543.68 Subtotal $53,433o, Other costs $13,306 Total Cost of Assessable Item(s) $66,738 ' Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: $66,738.24 (Mill & Overlay Cost) x 50% = $33,369.12 (Total Assessment) $33,369.12 (Total Assessment) $1,191.75/Lot 28 Lots ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Mill & Overlay Conc Curb & Gutter Repair CITY FUND RESPONSIBILITY Major Street Fund: $62,200 Cohn Gorder, P.E. b Reviewed Public Works Department 6� --- Z -( -z- Date C: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant II fj $66,738' $28,831 $95,569 $33,369 $0 $33,369 $33,369 $28,831 $62,200 Date 9 `Lb-(`, Appendix B Final Assessment Roll City Project 1063 - Chatterton Ponds Chatterton Road R -1 Residential P.I.N. Lot Equivalent Rate Total 1399 Chatterton Road 10- 16975 - 010 -10 1 $ 1,191.75 $ 1,191.75 1395 Chatterton Road 10- 16975 - 010 -20 1 $ 1,191.75 $ 1,191.75 1391 Chatterton Road 10- 16975 - 010 -30 1 $ 1,191.75 $ 1,191.75 1387 Chatterton Road 10- 16975 - 010 -40 1 $ 1,191.75 $ 1,191.75 1383 Chatterton Road 10- 16975 - 010 -50 1 $ 1,191.75 $ 1,191.75 1379 Chatterton Road 10- 16975- 010 -60 1 $ 1,191.75 $ 1,191.75 1375 Chatterton Road 10- 16975- 010 -70 1 $ 1,191.75 $ 1,191.75 1371 Chatterton Road 10- 16975 - 010 -80 1 $ 1,191.75 $ 1,191.75 1367 Chatterton Road 10- 16975- 010 -90 1 $ 1,191.75 $ 1,191.75 1363 Chatterton Road 10- 16975 - 011 -00 1 $ 1,191.75 $ 1,191.75 1359 Chatterton Road 10- 16975 - 011 -10 1 $ 1,191.75 $ 1,191.75 1355 Chatterton Road 10- 16975 - 011 -20 1 $ 1,191.75 $ 1,191.75 1351 Chatterton Road 10- 16975- 011 -30 1 $ 1,191.75 $ 1,191.75 1347 Chatterton Road 10- 16975- 011 -40 1 $ 1,191.75 $ 1,191.75 1354 Chatterton Road 10- 16975 - 011 -50 1 $ 1,191.75 $ 1,191.75 1384 Chatterton Road 10- 16975 - 012 -50 1 $ 1,191.75 $ 1,191.75 1388 Chatterton Road 10- 16975 - 012 -60 1 $ 1,191.75 $ 1,191.75 1392 Chatterton Road 10- 16975- 012 -70 1 $ 1,191.75 $ 1,191.75 1396 Chatterton Road 10- 16975- 012 -80 = $ 1,191.75 $ 1,191.75 Subtotals 1 19 1 $ 22,643.25 Chatterton Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1353 Chatterton Court 10- 16975- 011 -60 1 $ 1,191.75 $ 1,191.75 1349 Chatterton Court 10- 16975 - 011 -70 1 $ 1,191.75 $ 1,191.75 1345 Chatterton Court 10- 16975 - 011 -80 1 $ 1,191.75 $ 1,191.75 1348 Chatterton Court 10- 16975- 011 -90 1 $ 1,191.75 $ 1,191.75 1352 Chatterton Court 10- 16975 - 012 -00 1 $ 1,191.75 $ 1,191.75 1356 Chatterton Court 10- 16915- 012 -10 1 $ 1,191.75 $ 1,191.75 1360 Chatterton Court 10- 16975- 012 -20 1 $ 1,191.75 $ 1,191.75 1364 Chatterton Court 10- 16975- 012 -30 1 $ 1,191.75 $ 1,191.75 1366 Chatterton Court 10- 16975- 012 -40 1 $ 1,191.75 $ 1,191.75 Subtotals 9 $ 10,725.75 28 Single - Family Lots TOTAL ASSESSMENT $ 33,369.00 010% I s A J x f w 41 IN wo 1 ® � i k 1 3 i v_ •�1� " sty �, RN'.. V.. r�p� 1 =n > �: co co 0 7, f Gt a co Y�C1r h.Sm� ®\ 7. -. CT r : h, 3 , ilyp CD co F1 AM r r4-4/ } .. •�' 3 • -� 37 � -� INK v iw 11 LO JCf - ®'ate -r s ,�,'• .:;-, _ No Id .- {� 5' co CD 0 r° U Q Q nQ � W O Q W W uJ Agenda Information Memo October 2, 2012 Eagan City Council Meeting PUBLIC HEARINGS B. PROJECT 1057, HIGHVIEW ACRES STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1057 (Highview Acres — Highview Avenue) and authorize its certification to Dakota County for collection. FACTS: • Project 1057 provided for the street overlay improvements on Highview Avenue, a residential street within the Highview Acres neighborhood, in northwest Eagan. • The Final Assessment Roll was presented to the City Council on September 4, 2012, with a public hearing scheduled for October 2, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 27% less than the estimate contained in the feasibility report presented at the public hearing held on January 17, 2012. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on September 24 to address all property owners' questions or concerns and provide any additional information of interest. Of the 17 parcels (all Single - Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages �3(0 through (.p D S) FINAL ASSESSMENT REPORT PROJECT Number: 1057 Name: Highview Acres STREET Surf. /Signs - Low Dens Res Contract Number of Number Parcels Terms 12 -02 17 5 yrs PUBLIC HEARING DATES Assessment: October 2, 2012 Project Approval: January 17, 2012 Final Feasibility Rate Report $957.77 $1,320.00 Interest Amount Variance Rate Assessed Actual to FR 3.5% $16,282 - $6,118 $22,400 FR -27.3% Units Lot Eq. City Variance Financed Actual to FR $34,757 - $12,643 $47,400 FR -7.0% Adbbh- City of Eagan Memo To: Mayor and City Council From: John Gorder, City Engineer Date: September 25, 2012 Subject: Final Assessment Roll, Project 1057 Highview Acres At the public hearing on January 17, 2012, the City Council ordered Project 1057. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, traffic sign replacement and concrete curb & gutter repair for the Highview Acres project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving/ signage improvements to the benefiting residential properties, The improvements were completed under Contract 12 -02. The following information was used in the preparation of the assessment roll for Project 1057. PROJECT COST The total construction cost for this project is $34,689.82. This includes $34,167.89 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $521.93. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration and other totaling $16,349.13 were incurred, resulting in a total improvement and project cost of $51,038.95. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Mill & Overlay / Signage Concrete Curb & Gutter Repair Totals ASSESSMENTS Trunk Assessments CONSTRUCTION OTHER COST COSTS $27,025 $12,930 IMPROVEMENT FEASIBILITY COST REPORT $39,955 $55,100 $7,665 $3,419 $11,084 $14,700 $34,690 $16,349 $51,039 $69,800 No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM MOBILIZATION MILL BITUMINOUS PAVEMENT (0" - 1 -1/4" DEPTH) BITUMINOUS MATERIAL FOR TACK COAT TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TYPE SP 9,5 WEARING COURSE MIXTURE (3,B) (Patch) ADJUST GATE VALVE BOX REPAIR GATE VALVE TOP SECTION WCOVER ADJUST FRAME & RING CASTING TRAFFIC CONTROL TRAFFIC SIGNS REPLACEMENT Subtotal Other Costs Total of Assessable Item(s) UNIT QTY PRICE COST LS 1.00 $2,500.00 $2,500.00 SY 1,885.00 $1.36 2,563.60 GAL 300.00 $2.45 735.00 TON 316.42 $56.20 17,782.80 TON 3.02 $78.00 235.56 EA 1.00 $218.00 218.00 EA 1.00 $214.00 214.00 EA 3.00 $218.00 654.00 LS 1.00 $1,600.00 1,600.00 LS 1.00 $521.93 521.93 $27,025.00 $12,930.00 $39,955.42 Residential Lots - Direct Access Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay/ Sign costs are assessable for Residential Lots - Direct Access. The improvement and assessment rate for the Residential Lots - Direct Access properties is computed as follows: % Single - Family Residential - Direct Access = 2,288 F.F. / 2,806 Total F.F. = 81.5% $39,955.42 (Mill & Overlay / Sign Costs) x 50% x 81.5% = $16,282.09 $16,282.09 (Total Assessment) = $957.77/ Lot 17 Lots ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBIL IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Mill & Overlay / Sign $39,955 $16,282 $231673 Concrete Curb & Gutter Repair $11,084 $ -0- $11,084 $51,039 $16,282 $34,757 CITY FUND RESPONSIBILITY Major Street Fund: $34,757 Jd n Gorder, P.E. Reviewed Public Works Department -2-0 r2 Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attorney Alexandra O'Leary, Accountant as Date Appendix B Final Assessment Roll City Project 1057 Highview Acres Highview Avenue R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total Total 2,806 100.0% 1408 HIGHVIEW AVE 10- 32880 -00 -082 1 $ 957.77 $ 957.77 1412 HIGHVIEW AVE 10- 32890 -01 -010 1 $ 957.77 $ 957.77 1416 HIGHVIEW AVE (Vacant) 10- 32890 -01 -020 1 $ 957.77 $ 957.77 1420 HIGHVIEW AVE 10- 32890 -01 -030 1 $ 957.77 $ 957.77 1421 HIGHVIEW AVE 10- 32880 -00 -021 1 $ 957.77 $ 957.77 1426 HIGHVIEW AVE 10- 32880 -00 -063 1 $ 957.77 $ 957.77 1427 HIGHVIEW AVE 10- 32880 -00 -022 1 $ 957.77 $ 957.77 1430 HIGHVIEW AVE 10- 32880 -00 -062 1 $ 957.77 $ 957.77 1433 HIGHVIEW AVE 10- 32880 -00 -031 1 $ 957.77 $ 957.77 1436 HIGHVIEW AVE 10- 32880 -00 -092 1 $ 957.77 $ 957.77 1439 HIGHVIEW AVE 10- 32880 -00 -032 1 $ 957.77 $ 957.77 1440 HIGHVIEW AVE 10- 32880 -00 -095 1 $ 957.77 $ 957.77 1445 HIGHVIEW AVE 10- 32880 -00 -043 1 $ 957.77 $ 957.77 1446 HIGHVIEW AVE 10- 32880 -00 -051 1 $ 957.77 $ 957.77 1447 HIGHVIEW AVE 10- 32880 -00 -042 1 $ 957.77 $ 957.77 1448 HIGHVIEW AVE 10- 32880 -00 -052 1 $ 957.77 $ 957.77 1450 HIGHVIEW AVE 10- 32880 -00 -053 1 $ 957.77 $ 957.77 Subtotals 17 $ 16,282.09 TOTAL ASSESSMENTS $ 16,282.09 Front Footage Summary Single - Family Residential 2,288 81.5% Non- Assessable (Sideyard/ backyard) 518 18.5% Total 2,806 100.0% F9 Agenda Information Memo October 2, 2012 Eagan City Council Meeting PUBLIC HEARINGS C. PROJECT 1062, KINGS WOOD/ CUTTERS RIDGE/ SHERWOOD DOWNS STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1062 (Kings Wood/ Cutters Ridge/ Sherwood Downs) and authorize its certification to Dalcota County for collection. FACTS: • Project 1062 provided for the street overlay improvements within the Kings Wood, Cutters Ridge, and Sherwood Downs additions in central Eagan. • The Final Assessment Roll was presented to the City Council on September 4, 2012, with a public hearing scheduled for October 2, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 27 % less than the estimate contained in the feasibility report presented at the public hearing held on January 17, 2012. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on September 24 to address all property owners' questions or concerns and provide any additional information of interest. Of the 183 parcels (all Single - Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through (p_ Im FINAL ASSESSMENT REPORT PROJECT Number: 1062 Kings Wood/ Cutters Name: Ridge/ Sherwood Downs STREET Surf. /Signs Single- Familv Res Direct Access STREET Surf. /Signs Single - Family Res Indirect Access Contract Number of Interest Number Parcels Terms Rate 12 -02 183 5 yrs . 3.5% PUBLIC HEARING DATES Assessment: October 2, 2012 Project Approval: Final $736.83 $286.29 Amount Assessed $132,136 $182,100 FR M- Feasibility Report $1,015 $400 Variance Actual to FR ($49,964) -27.4% January 17, 2012 Units Lot Eq. Lot Eq. City Financed $272,010 $301,500 FR Variance Actual to FR ($29,490) -9.8 From: John Gorder, P.E. Date: September 25, 2012 Subject: Final Assessment Roll, Project 1062 Kings Wood/ Cutters Ridge/ Sherwood Downs At the public hearing on January 17, 2012, the City Council ordered Project 1062. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, street sign replacement, and concrete curb & gutter repair for the Kings Wood/ Cutters Ridge / Sherwood Downs project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the improvements to the benefiting residential properties. The improvements were completed under Contract 12 -02. The following information was used in the preparation of the assessment roll for Project 1062. PROJECT COST The total construction cost for this project is $343,096.13. This includes $340,294.36 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,801.77. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration and other totaling $61,049.93 were incurred, resulting in a total improvement and project cost of $404,146.06. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Mill & Overlay Concrete Curb & Gutter Repair CONSTRUCTION OTHER COST COSTS $224,351 $39,921 $118,745 $21,129 $343,096 $61,050 IMPROVEMENT COST $264,272 $139,874 $404,146 FEASIBILITY REPORT $364,100 $119,500 $483,600 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM MOBILIZATION MILL BITUMINOUS PAVEMENT (0" - 1 1/4" DEPTH) BITUMINOUS MATERIAL FOR TACK COAT TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) (Patch) ADJUST GATE VALVE BOX REPAIR GATE VALVE TOP SECTION W/ COVER ADJUST FRAME & RING CASTING TRAFFIC CONTROL ADJUST FRAME & RING CASTING (RISER) REPAIR GATE VALVE MID SECTION REMOVE & REPLACE FRAME & RING CASTING (27 ") UNIT QTY PRICE COST LS 1.00 2,500.00 2,500.00 SY 13,225.00 1.36 17,986.00 GAL 2,680.00 2,45 6,566.00 TON 2,883.81 56.20 162,070.12 TON 33.92 78.00 2,645.76 EA 17.00 218.00 3,706.00 EA 9.00 214.00 1,926.00 EA 53.00 218.00 11,554.00 LS 1.00 1,600.00 1,600.00 EA 15.00 280.00 4,200.00 EA 6.00 375.00 2,250.00 EA 1.00 534.00 534.00 a� ITEM (continued) UNIT QTY PRICE COST TRAFFIC SIGNAGE REPLACEMENT LS 1.00 2,801.77 2,801.77 MILL BITUMINOUS PAVEMENT (0" - 1 1/4" DEPTH) SY 2,786.00 1.44 4,011.84 Subtotal 224,351.00 Other costs 39,921.00- Total 264,272.00 L- Residential Lots - Direct Access Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay costs are assessable for Residential Lots - Direct Access properties. 98.7% of the project street frontage is single - family direct access (177 properties). The improvement and assessment rate for the Residential Lots - Direct Access properties is computed as follows: %Residential Single - Family - Direct Access = 20,224 F.F./ 20,500 F.F. = 98.7% $264,272.20 (Mill & Overlay Cost) x 50% x 98.7% = $130,418.33 $130,418.33 (Total Assessment) = $736.831 Lot - Direct Access 177 Lots Residential Lots - Indirect Access Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay costs are assessable for Residential Lots - Indirect Access properties. 1.3% of the project street frontage is single - family indirect access (6 properties). The improvement and assessment rate for the Residential Lots - Direct Access properties is computed as follows: %Residential Single- Family - Indirect Access = 276 F.F./ 20,500 F.F. = 1.3% $264,272.20 (Mill & Overlay Cost) x 50% x 1.3% = $1,717.77 $1,717.77 (Total Assessment) = $286.29/ Lot - Indirect Access 6 Lots ✓ ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Mill & Overlay $264,272 - Concrete Curb & Gutter Repair $139,874 $404,146 CITY FUND RESPONSIBILITY Major Street Fund: $272,010 7U6hn Gorder, P.E. Reviewed Public Works Department Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attorney Alexandra O'Leary, Accountant $132,136 $ -0- $132,136 $132,136, $139,874 $272,010 (0I Date —� Appendix B Final Assessment Roll City Project 1062 - Kings Wood /Cutters Ridge /Sherwood Downs Kings Wood Court R -1 Residential P.I.N. Lot Equivalent Rate Total 3849 Kings Wood Court 10- 42001 - 021 -50 1 $736.83 5736.83 3853 Kings Wood Court 10- 42001- 021 -60 1 $736.83 $736.83 3854 Kings Wood Court 10- 42001- 021 -80 1 $736.83 $736.83 3857 Kings Wood Court 10- 42001- 021 -70 1 $736.83 $736.83 Subtotals 4 $2,947.32 Kings Wood Lane R -1 Residential P.I.N. Lot Equivalent Rate Total 1444 Kings Woad Lane 10- 42001- 011 -20 1 $736.83 $736.83 1447 Kings Wood Lane 10- 42001- 012 -10 1 $736.83 $736.83 1448 Kings Wood Lane 10- 42001- 011 -30 1 $736.83 $736.83 1451 Kings Wood Lane 10- 42001 - 012 -00 1 5736.83 $736.83 1452 Kings Wood Lane 10- 42001- 011 -40 1 5736.83 $736.83 1455 Kings Wood Lane 10- 42001- 011 -90 1 5736.83 5736.83 1456 Kings Wood Lane 10- 42001 - 011 -50 1 $736.83 $736.83 1459 Kings Wood Lane 10- 42001 - 011 -80 1 5736.83 $736.83 1460 Kings Wood Lane 10- 42001- 011 -60 1 5736.83 $736.83 1463 Kings Wood Lane 10- 42001- 011 -70 1 $736.83 $736.83 Subtotals 10 $7,368.30 Kings Wood Trail (Private Street - Accesses Kings Wood Road, 66 F.F.) R -1 Residential P.I.N. Lot Equivalent Rate Total 3809 Kingswood Trail 10- 42051- 010 -10 1 $286.29 5286.29 3813 Kingswood Trail 10- 42051- 010 -20 1 5286.29 $286.29 3817 Kingswood Trail 10- 42051- 010 -30 1 $286.29 $286.29 Subtotals 3 $858.87 Kings Wood Road R -1 Residential P.I.N. Lot Equivalent Rate Total 1401 Kings Wood Road 10- 42001- 020 -10 1 $736.83 $736.83 1402 Kings Wood Road 10- 42001- 010 -10 1 $736.83 $736.83 1405 Kings Wood Road 10- 42001- 020 -20 1 736,83 $736.83 1409 Kings Wood Road 10- 42001 - 020 -30 1 $736.83 $736.83 1410 Kings Wood Road 10- 42001 - 010 -20 1 $736.83 $736.83 1413 Kings Wood Road 10- 42001- 020 -40 1 $736.83 5736.83 1414 Kings Wood Road 10- 42001- 010 -30 1 $736.83 5736.83 1418 Kings Woo Roa 10- 42001- 010 -40 1 $736.83 736.83 1421 Kings Wood Road 10- 42001 - 020 -50 1 $736.83 $736.83 1422 Kings Wood Road 10. 42001- 010 -70 1 736,83 $736.83 1426 Kings Wood Road 10- 42001- 010 -80 1 $736.83 $736.83 1430 Kings Wood Road 10- 42001- 010 -90 1 $736.83 $736.83 1433 Kings Wood Road 10- 42001- 020 -60 1 5736.83 $736.83 1434 Kings Wood Road 10- 42001- 011 -00 1 5736.83 $736.83 1438 Kings Wood Road 10- 42001 - 011 -10 1 $736.83 $736.83 1445 Kings Wood Road 10- 42001 - 020 -70 1 $736.83 $736.83 1449 Kings Wood Road 10- 42001- 020 -80 1 $736.83 $736.83 1453 Kings Wood Road 10- 42001- 020 -90 1 5736.83 $736.83 1454 Kings Wood Road 10- 42001- 012 -20 1 5736.83 $736.83 1457 Kings Wood Road 10- 42001 - 021 -00 1 5736.83 $736.83 1461 Kings Wood Road 10- 42001- 021 -10 1 $736.83 $736.83 1462 Kings Wood Road 10- 42001 - 012 -30 1 $736.83 $736.83 1465 Kings Wood Road 10- 42001- 021 -20 1 $736.83 $736.83 1469 Kings Wood Road 10- 42001 - 021 -30 1 $736.83 $736.83 1470 Kings Wood Road 10- 42001- 012 -40 1 $736.83 5736.83 1473 Kings Wood Road 10- 42001 - 021 -40 1 $736.83 $736.83 1474 Kings Wood Road 10- 42001- 012 -50 1 $736.83 5736.83 1478 Kings Wood Road 10- 42001 - 012 -60 1 $736.83 $736.83 1481 Kings Wood Road 10- 42001- 021 -90 1 $736.83 $736.83 1482 Kings Wood Road 10- 42001- 012 -70 1 $736.83 $736.83 1485 Kings Wood Road 10- 42001- 022 -00 1 $736.83 $736,83 1486 Kings Wood Road 10- 42001- 012 -80 1 $736.83 $736.83 1489 Kings Wood Road 10- 42001- 022 -10 1 $736.83 $736.83 1490 Kings Wood Road 10- 42001- 012 -90 1 $736.83 5736.83 1493 Kings Wood Road 10- 42001. 022 -20 1 5736.83 $736.83 1494 Kings Wood Road 10- 42001. 013 -00 1 $736.83 $736.83 1497 Kings Wood Road 10- 42001. 022 -30 1 $736.83 $736.83 1498 Kings Wood Road 10- 42001- 013 -10 1 $736.83 5736.83 1501 Kings Wood Road 10- 42001. 022 -40 1 $736.83 $736.83 1505 Kings Wood Road 10- 42001- 022 -50 1 5736.83 $736.83 Subtotals 40 $29,473.20 Kings Crest R -1 Residential P.I.N. Lot Equivalent Rate Total 1458 Kings Crest 10- 42004- 010 -10 1 $736.83 $736.83 1459 Kings Crest 10- 42002- 010 -10 1 $736.83 $736.83 1462 Kings Crest 10- 42002- 010 -80 1 $736.83 $736.83 1463 Kings Crest 10- 42002- 010 -20 1 $736.83 $736.83 1466 Kings Crest 10- 42002- 010 -70 1 5736.83 $736.83 1467 Kings Crest 10- 42002 - 010 -30 1 $736.83 $736.83 1470 Kings Crest 10- 42002- 010 -60 1 $736.83 5736.83 1474 Kings Crest 10- 42002- 010 -50 1 $736.83 5736.83 Vacant Lot (owned by 1474) 10- 42002 - 010 -40 1 $736.83 $736.83 Subtotals 9 $6,631.47 Cutters Lane R -1 Residential P.I.N. Lot Equivalent Rate Total 1401 Cutters Lane 10- 19100 - 021 -10 1 $736.83 $736.83 (-!2s 1411 Cutters Lane 10- 19100 - 021 -00 1 $736.83 $736.83 1412 Cutters Lane 10- 19100 - 030 -90 1 $736.83 $736.83 1415 Cutters Lane 10- 19100 - 020 -90 1 736,83 $736.83 1416 Cutters Lane 10- 19100 - 030 -80 1 $736.83 $736.83 1419 Cutters Lane 10- 19100- 020 -80 1 $736.83 $736.83 1420 Cutters Lane 10- 19100 - 030 -70 1 5736.83 $736.83 1423 Cutters Lane 10- 19100 - 020 -70 1 $736.83 $736.83 1424 Cutters Lane 10- 19100- 030 -60 1 $736.83 $736.83 1427 Cutters Lane 10- 19100- 020 -60 1 $736.83 $736.83 1428 Cutters Lane 10- 19100- 030 -50 1 $736.83 $736.83 1431 Cutters Lane 10- 19100- 020 -50 1 $736.83 $736.83 1432 Cutters Lane 10- 19100- 030 -40 1 $736.83 $736.83 1435 Cutters Lane 10- 19100 - 020 -40 1 $736.83 $736.83 1436 Cutters Lane 10- 19100 - 030 -30 1 $736.83 $736.83 1439 Cutters Lane 10- 19100 - 020 -30 1 $736.83 $736.83 1440 Cutters Lane 10- 19100 - 030 -20 1 $736.83 $736.83 1443 Cutters Lane 10- 19100- 020 -20 1 $736.83 $736.83 1447 Cutters Lane 10- 19100- 020 -10 1 $736.83 $736.83 1451 Cutters. Lane 10- 19102- 010 -10 1 $736.83 $736.83 $736.83 Subtotals 20 1 $14,736.60 Clippers Road R -1 Residential P.I.N. Lot Equivalent Rate Total 3915 Clippers Road 10- 19100 - 010 -10 1 $736.83 $736.83 3919 Clippers Road 10- 19100 - 010 -20 1 $736.83 $736.83 3923 Clippers Road 10- 19100- 010 -30 1 $736.83 $736.83 3934 Clippers Road 10- 67670- 010 -10 1 $736.83 $736.83 3935 Clippers Road 10- 67670- 021 -20 1 $736,83 $736.83 3939 Clippers Road 10- 67670- 021 -30 1 $736.83 $736.83 3943 Clippers Road 10- 67670 - 021 -40 1 $736.83 $736.83 3946 Clippers Road 10- 67670 - 011 -60 1 $736.83 $736.83 3947 Clippers Road 10- 67670 - 021 -50 1 $736.83 $736.83 3950 Clippers Road 10- 67670- 011 -70 1 $736.83 $736.83 3951 Clippers Road 10- 67670- 021 -60 1 $736.83 $736.83 3955 Clippers Road 10- 67670- 021 -70 1 $736.83 $736.83 3959 Clippers Road 10- 67670- 021 -80 1 $736.83 $736.83 1441 Rocky Lane Subtotals 13 $736.83 $9,578.79 Deerwood Lane Private Street, Accesses Clippers Road, 210 F.F. R -1 Residential P.I.N. Lot Equivalent Rate Total 1433 Deerwood Lane 10- 44825- 010 -30 1 5286.29 5286.29 1437 Deerwood Lane 10- 44825- 010 -20 1 $296.29 $286.29 1441 Deerwood Lane 10- 44825- 010 -10 1 $286.29 $286.29 1410 Rocky Lane Subtotals 3 5736.83 $858.87 Rocky Lane R -1 Residential P.I.N. Lot Equivalent Rate Total 1401 Rocky Lane 10- 42001 - 010 -50 1 5736.83 $736.83 1405 Rocky Lane 10- 42001- 010 -60 1 5736.83 $736.83 1406 Rocky Lane 10- 19100- 040 -90 1 5736.83 $736.83 1410 Rocky Lane 10- 19100 - 040 -80 1 5736.83 5736.83 1414 Rocky Lane 10- 19100- 040 -70 1 5736.83 $736.83 1418 Rocky Lane 10- 19100- 040 -60 1 $736.83 $736.83 1422 Rocky Lane 10- 19100. 040 -50 1 $736.83 $736.83 1426 Rocky Lane 10- 19100- 040 -40 1 $736.83 $736.83 1427 Rocky Lane 10- 19100- 031 -00 1 $736.83 $736.83 1430 Rocky Lane 10- 19100. 040 -30 1 $736.83 $736.83 1434 Rocky Lane 10- 19100. 040 -20 1 $736.83 $736.83 1437 Rocky Lane 10- 19100- 031 -10 1 $736.83 $736.83 1438 Rocky Lane 10- 19100 - 040 -10 1 $736.83 $736.83 1441 Rocky Lane 10- 19100 - 031 -20 1 $736.83 $736.83 1442 Rocky Lane 10- 19101 - 020 -50 1 $736.83 $736.83 1445 Rocky Lane 10- 19101- 010 -40 1 $736.83 $736.83 1446 Rocky Lane 10- 19101- 020 -40 1 $736.83 $736.83 1449 Rocky Lane 10- 19101- 010 -30 1 $736.83 $736.83 1450 Rocky Lane 10- 19101. 020 -30 1 $736.83 $736.83 1453 Rocky Lane 10- 19101. 010 -20 1 $736.83 $736.83 1454 Rocky Lane 10- 19101 - 020 -20 1 $736.83 $736.83 1457 Rocky Lane 10- 19101 - 010 -10 1 $736.83 $736.83 1458 Rocky Lane 10- 19101 - 020 -10 1 $736.83 $736.83 1461 Rocky Lane 10- 19100- 030 -10 1 $736.83 $736.83 1465 Rocky Lane 10- 42004- 010 -20 1 $736.83 $736.83 1466 Rocky Lane 10- 19102- 020 -20 1 $736.83 $736.83 1469 Rocky Lane 10- 42004. 010 -30 1 $736.83 $736.83 1470 Rocky Lane 10- 19102 - 020 -10 1 $736.83 $736.83 1473 Rocky Lane 10- 42004- 010 -40 1 $736.83 $736.83 1474 Rocky Lane 10- 67670- 021 -10 1 $736.83 $736,83 1477 Rocky Lane 10- 67670- 030 -10 1 $736.83 $736.83 1478 Rocky Lane 10- 67670- 021 -00 1 $736.83 $736.83 1481 Rocky Lane 10- 67670- 030 -20 1 $736.83 $736.83 (° `0 1482 Rocky Lane 10- 67670 - 020 -90 1 $736.83 $736.83 1489 Rocky Lane 10- 67670- 031 -20 1 $736.83 $736.83 1493 Rocky Lane 10- 67670- 031 -30 1 $736.83 $736.83 1494 Rocky Lane 10- 67670 - 020 -30 1 $736.83 $736.83 1497 Rocky Lane 10- 67670- 031 -40 1 $736.83 $736.83 1498 Rocky Lane 10- 67670- 020 -20 1 $736.83 $736.83 1501 Rocky Lane 10- 67670- 031 -50 1 $736.83 $736.83 1502 Rocky Lane 10- 67670 - 020 -10 1 $736.83 $736.83 1505 Rocky Lane 10- 67670- 031 -60 1 $736.83 $736.83 $736.83 Subtotals 42 1 $30,946.86 Palomino Trail R -1 Residential P.I.N. Lot Equivalent Rate Total 1486 Palomino Trail 10- 67670- 031 -10 1 $736.83 $736.83 1487 Palomino Trail 10- 67670- 030 -30 1 $736.83 $736.83 1491Palomino Trail 10- 67670- 030 -40 1 $736.83 $736.83 1495 Palomino Trail 10. 67670- 030 -50 1 $736.83 $736.83 1499 Palomino Trail 10- 67670- 030 -60 1 $736.83 $736.83 1502 Palomino Trail 10- 67670- 031 -00 1 $736.83 $736.83 1422 Appaloosa Trail 10- 67670- 030 -70 1 $736.83 $736.83 1506 Palomino Trail 10- 67670- 030 -90 1 $736.83 $736.83 1507 Palomino Trail 10- 67670- 030 -80 1 $736.83 $736.83 1429 Appaloosa Trail Subtotals 9 $736.83 $6,631.47 Paddock Court R -1 Residential P.I.N. Lot Equivalent Rate Total 1466 Paddock Court 10- 67670- 020 -50 1 $736.83 5736.83 1467 Paddock Court 10- 67670. 020.60 1 $736.83 $736.83 1470 Paddock Court 10- 67670 - 020 -40 1 $736.83 $736.83 1471 Paddock Court 10- 67670- 020 -70 1 $736.83 $736.83 1475 Paddock Court 10- 67670 - 020 -80 1 $736.83 5736.83 1421 Appaloosa Trail Subtotals 5 $736.83 $3,684.15 Appaloosa Trail R -1 Residential P.I:N. Lot Equivalent Rate Total 1410 Appaloosa Trail 10- 67670- 010 -90 1 $736.83 5736.83 1413 Appaloosa Trail 10- 67670- 010 -80 1 $736.83 5736.83 1414 Appaloosa Trail 10- 67670- 011 -00 1 $736.83 $736.83 1417 Appaloosa Trail 10- .67670- 010 -70 1 $736.83 $736.83 1418 Appaloosa Trail 10. 67670 - 011 -10 1 $736.83 $736.83 1421 Appaloosa Trail 10. 67670- 010 -60 1 $736.83 $736.83 1422 Appaloosa Trail 10- 67670 - 011 -20 1 $736.83 $736.83 1425 Appaloosa Trail 10. 67670- 010 -50 1 $736.83 $736.83 1426 Appaloosa Trail 10- 67670- 011 -30 1 $736.83 $736.83 1429 Appaloosa Trail 10- 67670- 010 -40 1 $736.83 $736.83 1430 Appaloosa Trail 10- 67670- 011 -40 1 $736.83 $736.83 1433 Appaloosa Trail 10- 67670- 010 -30 1 $736.83 $736.83 1434 Appaloosa Trail 10- 67670 - 011 -50 1 $736.83 $736.83 1437 Appaloosa Trail 10- 67670- 010 -20 1 $736.83 $736.83 Subtotals 14 $10,315.62 Horseshoe Circle R -1 Residential P.I.N. Lot Equivalent Rate Total 1401 Horseshoe Circe 10- 67670 - 012 -40 1 5736.83 5736.83 1404 Horseshoe Circle 10- 67670- 012 -50 1 $736.83 $736.83 1405 Horseshoe Circle 10. 67670- 012 -30 1 $736.83 $736.83 1408 Horseshoe Circle 10- 67670 -012.60 1 $736.83 $736.83 1409 Horseshoe Circle 10- 67670- 012 -20 1 $736.83 $736.83 1412 Horseshoe Circe 10- 67670. 012 -70 1 $736.83 $736.83 1413 Horseshoe Circe 10- 67670- 012 -10 1 $736.83 $736:83 1416 Horseshoe Circle 10- 67670 - 012 -80 1 $736.83 $736.83 1417 Horseshoe Circle 10- 67670 - 012 -00 1 $736.83 $736.83 1421 Horseshoe Circle 10- 67670 - 011 -90 1 $736.83 $736.83 1425 Horseshoe Circle 10- 67670- 011 -80 1 $736.83 $736.83 Subtotals 11 $8,105.13 Front TOTAL ASSESSMENT (09 $132.136.65 �... r' ts�, 7' 1 -F-+ a W a k'€:e >.. -k?a. 4 S s"� �' o o j• L ,-,rc P1 peoZj gout jop erg r et ��- aea v �lN 3 OrR LL �,� ��iM ao�ri v �oi1, ���� Q � � � t' � s'�'�a xY v� Gov '•� N_��`" e `r � � has � �� w • =!, � � � �`- ��`�`�` M � � �� `� • 3 r ; kX � s j k r 0 N n � ', i• ap" N • '• h O CNI •� °� sN €J A�� rte, ter~ L ., • �� .v /:/� O V v J M" -- 1 .-- �'-` 1# y� 3 p •. 's .t.. cam- . •� w rn • •1. _ ai- rn' > V! v �'§'`_M • W1 h'..Y til • (O C30 M e, • tx as g° es v��a, yr i "\� t' �t �� c� .� him � s � �•a �` � le. i o-. L PR ��, _ •_.� �.:..�OQ�;, J ',* • -. Y 'S.�� �,.�m�� � � ��`c Via- � �' /11 !V \ V1 rw �r�r� � •�'f c ` � � Vim': � '* ��:• �- i� � _ � ',� • • �' � -�+ M ry -' ►. M f♦ � t ° poonnS6u!yj 4 v y O -� W - "Y - t '' y� • -` : N` ter- U a ♦ o (o��.. ' W Fes-' W W J M D_ W m �'- J H w w `n r �• ``� Gd W N 0 BUJ W LU Q� AA r 4; PXW•SL06loafad\nojdwj leeilSZ6Onslo@[Wd Al!o\b3EMOTmsSj3isno wt li peO� ,qou� 10M f If 7\41 w too s x Ei �O s a, co t rn r .�� rte- ��t -. • t ,� � 1 s i LL 3 t LL 0 N a3• f - �,� M V M R •.'�� t -m f t'e '-` € • } ��� ate. !.,1 {' `� ' ^ 4-1 IcA- d' M _m FIN To co'.. co'.. YIN � y4 � ^ iv pO � •� _ �5- � S K .• O t AR a. s ,n W � w .S■ N Faj 41) o ¢ 0,6 °(D 1 M QA r - W co p (f) D u) CI —i ra8 a \ l ci ¢ �Q ¢ Z -� cn V •", i X >V f If 7\41 w too s x Ei �O s a, co t rn r .�� rte- ��t -. • t ,� � 1 s i LL 3 t LL 0 N a3• f - �,� M V M R •.'�� t -m f t'e '-` € • } ��� ate. !.,1 {' `� ' ^ 4-1 IcA- d' M _m FIN To co'.. co'.. YIN � y4 � ^ iv pO � •� _ �5- � S K .• O t AR a. s ,n W � w .S■ N Faj 41) o ¢ 0,6 °(D 1 M QA r - W co p (f) D u) CI —i ra8 a \ l ci ¢ �Q ¢ Z -� Agenda Information Memo October 2, 2012 Eagan City Council Meeting PUBLIC HEARINGS D. PROJECT 1061, S & W INDUSTRIAL ACRES (SIBLEY COURT) STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1061 (S & W Industrial Acres — Sibley Court) and authorize its certification to Dakota County for collection. FACTS: • Project 1061 provided for the street overlay improvements within the S & W Industrial Acres (Sibley Court) in west central Eagan. • The Final Assessment Roll was presented to the City Council on September 4, 2012, with a public hearing scheduled for October 2, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 12% less than the estimate contained in the feasibility report presented at the public hearing held on January 3, 2012. • All notices have been published in the legal newspaper property owners informing them of this public hearing. was held on September 24 to address all property owners' provide any additional information of interest. Of the 3 Industrial) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages I ( through 9 (0 90 and sent to the affected An informational meeting questions or concerns and parcels (all Commercial/ FINAL ASSESSMENT REPORT PROJECT Number: 1061 S & W Industrial Name: (Sibley Court) PUBLIC HEARING DATES Assessment: October 2, 2012 Project Approval: January 3, 2012 Contract Number of Number Parcels 12 -02 3 Terms 10 yrs Interest Amount Rate Assessed 3.5% $ 32,169 $ $ 38,200 FR vl� L— Variance City Variance Actual to FR Financed Actual to FR (6,031) $ 18,657 $ (2,043) -15.8% $ 20,700 FR -9.9% Final Feasibility Rate Report Units STREET Surf. /Signs - Direct Access $1,939.81 $2,200 Acres STREET Driveway - Cl $79.90 $175 SY Contract Number of Number Parcels 12 -02 3 Terms 10 yrs Interest Amount Rate Assessed 3.5% $ 32,169 $ $ 38,200 FR vl� L— Variance City Variance Actual to FR Financed Actual to FR (6,031) $ 18,657 $ (2,043) -15.8% $ 20,700 FR -9.9% From: John Gorder, P.E. Date: September 25, 2012 Subject: Final Assessment Roll, Project 1061 S & W Industrial (Sibley Ct) At the public hearing on January 3, 2012, the City Council ordered Project 1061. In accordance with the feasibility report, the following improvements were constructed: street mill & overlay pavement, street signage, concrete entrance repair, and concrete curb & gutter repair for the S & W Industrial (Sibley Ct.) project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the mill & overlay street and the concrete entrance apron repair improvements to the benefiting residential properties. The improvements were completed under Contract 12- 02. The following information was used in the preparation of the assessment roll for Project 1061. PROJECT COST The total construction cost for this project is $36,251.07. This includes $36,049.45 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $201.62. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration and other totaling $14,574.48 were incurred, resulting in a total improvement and project cost of $50,825.55. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Street Overlay/ Signage Concrete Entrance Repair Concrete Curb & Gutter Repair ASSESSMENTS Trunk Assessments CONSTRUCTION OTHER COST COSTS $27,384 $11,071 $1,138 $460 $7,729 $3,043 $36,251 $14,574 IMPROVEMENT FEASIBILITY COST REPORT $38,455 $43,700 $1,598 $3,500 $10,773 $11,700 $50,826 $58,900 No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. Street Improvement Costs Mill & overl The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM MOBILIZATION REMOVE BITUMINOUS PAVEMENT MILL BITUMINOUS PAVEMENT (0" - 1 -1/4" DEPTH) BITUMINOUS MATERIAL FOR TACK COAT TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) (Patch) Ila UNIT QTY PRICE COST LS 1 2,500.00 2,500.00 SY 185 2.50 462.50 SY 1,176 1.36 1,599.36 GAL 200 2.45 490.00 TON 269.12 56.20 15,124.54 TON 60.97 78.00 4,754.66 Mill & Overlay (continued) ITEM UNIT QTY PRICE COST ADJUST FRAME & RING CASTING EA 2.00 $ 218.00 $ 436.00 TRAFFIC CONTROL LS 1.00 $ 1,600.00 1,600.00 REPAIR GATE VALVE TOP SECTION w /COVER EA 1.00 $ 214.00 214.00 TRAFFIC SIGN REPLACE LS 1.00 $ 201.62 201.62 Subtotal $ 27,383.68 Other costs $ 11,070.98 Total $ 38,454.66 Concrete Entrance Repair ITEM UNIT QTY PRICE COST REMOVE CONCRETE DRIVEWAY PAVEMENT SY 18.50 $ 3.65 $ 67.53 REPAIR CONCRETE DRIVEWAY PAVEMENT- HIGH EARLY SY 18.50 $ 57.86 1,070.41 Subtotal $ 1,137.94 Other costs $ 460.06 Total $ 1,598.00 v Commercial/ Industrial Lots Improvements: The City's Assessment Policy states that 100% of the Street Overlay/ Signage costs are assessable for Commercial/ Industrial Lot properties. 79.5% of the street frontage is assessable (3 properties). The improvement and assessment rate for the Commercial/ Industrial Lot properties is computed as follows: $38,454.66 (Street Overlay/ Signage Cost) x 79.5% = $30,571.46 $30,571.46 (Total Assessment) = $1,939.81/ Acre 15.76 Acres The remaining front footage within the project area (21.5 %) is not assessable under the City's Assessment Policy. Commercial/ Industrial Lots Improvements: The City's Assessment Policy states that 100% of the Concrete Entrance Repair costs are assessable for benefiting Commercial/ Industrial Lot properties. The improvement and assessment rate for the concrete driveway repair for the Commercial/ Industrial Lot properties is computed as follows: $1,598 (Concrete Entrance Repair Cost) x 100% = $1,598 (Total Assessment) $1,598 (Total Assessment) = $79.90/ SY Entrance 20 SY ASSESSMENT TERMS: The assessments are proposed for a term of 10 years for non - residential properties. The interest rate is 3.5% per annum on the unpaid balance. i��r CITY REVENUES (RESPONSIBILITY) IMPROVEMENT Street Overlay/ Signage Concrete Entrance Repair Concrete Curb & Gutter Repair CITY FUND RESPONSIBILITY Major Street Fund: $18,657 Alin Gorder, P.E. Reviewed Public Works Department 01 --Z-F-, --1 'Z Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attorney Alexandra O'Leary, Accountant IMPROVEMENT COST -VI � $38,455 $1,598 $10,773 $50,826 ASSESSMENT CITY REVENUE RESPONSIBILITY $30,571 $1,598 $-0- $32,169 $7,884 $ -0- $10,773 $18,657 Date Appendix B Final Assessment Roll City Project 1061- S &W Industrial (Sibley Court) Sibley Court I -1 Industrial P.I.N. Acreage Unit Assessment Concrete Entrance Assessment Total 1,588 100.01% 2280 Sibley Court 10- 65790 -01 -020 6.85 $1,939.81 $1,598.00 $14,885.70 Vacant Lot (owned by 2280 Sibley Court) 10- 65790 -00 -010 0.24 $1,939.81 $465.55 4025 Sibley Memorial Hwy a /k /a 4025 Frontage Road South 10- 65790 -01 -010 1 8.67 $1,939.81 $16,818.15 Totals 15.76 $32,169.41 Front Footage Summary Commercial/ Industrial 1,262 79.5% Non - Assessable (Old Sibley Memorial Highway RW) 326 20.5% Total 1,588 100.01% $30,571 9 y° LEGEND Street Improvement ® ® ® ®® Assessable Area Concrete Entrance / �• Repair - $ 80.00 / sq.yd. VOD n' Commercial / Industrial $ 1,939.001 Net Acre e _�< _ 1.0.6.5790 010 10 - 8.67, Net Acres Z - �- t c 1 1 � P {4025 Sibleyi Memorial ,0.24 Net w . , Highway 3 Acres Sibley Court r� s F _ �� Qq . ` �1 1? �>'� v �.i. - _ '�f4�i aim .s� L2•�� '`�� -� �` _ ^ i Ai i 2280 Sibley Ct M r r kit a L� '` tom- °-'sl:. -.g ✓��5,�n'�- ' ia` A =10 65790 010 20 _ r 6 85 Net Acres a� /-� iR OR- Ax ss i L:1 USERSIENGINEERINGICity Projects) S& W Industrial (Sib ley Court) 2012 Street Reconstruction) Q+ Project 10611 Fig 2.mxd Q Street Revitalization - Project 1061 Fig. 2 W P(� {{ of �gt1c�p Final Assessments mo lits III I'F/III(III -- Date: 09/05/2012 z Agenda Information Memo October 2, 2012 Eagan City Council Meeting PUBLIC HEARINGS E. PROJECT 1060, TESSERACT (TESSERACT PLACE) STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1060 (Tesseract — Tesseract Place) and authorize its certification to Dakota County for collection. FACTS: • Project 1060 provided for the street overlay improvements within the Tesseract Addition (Tesseract Place) in northwest Eagan. • The Final Assessment Roll was presented to the City Council on September 4, 2012, with a public hearing scheduled for October 2, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 12% less than the estimate contained in the feasibility report presented at the public hearing held on January 3, 2012. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on September 24 to address all property owners' questions or concerns and provide any additional information of interest. Of the 2 parcels (both Commercial/ Industrial) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages 1(3 through 8 a . V1 9 FINAL ASSESSMENT REPORT PROJECT Number: 1060 Name: Tesseract Place STREET Surface - Direct Access Contract Number of Interest Number Parcels Terms Rate 12 -02 2 10 yrs 3.5% PUBLIC HEARING DATES Assessment: Project Approval: Final Feasibility Rate Report Units $1,987.81 Amount Assessed $23,655 $27,000 FR S $2,270.00 Net Acre October 2, 2012 January 3, 2012 LZ Variance City Variance Actual to FR Financed Actual to FR - $3,345 $7,369 +$869 -12.4% $6,500 FR +13.4% 'Or, City of EaRan Moro To: Mayor and City Council From: John Gorder, City Engineer Date: September 25, 2012 Subject: Final Assessment Roll, Project 1060 Tesseract Place At the public hearing on Jan 3, 2012, the City Council ordered Project 1060. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay street resurfacing, concrete curb & gutter repair for the Tesseract Place project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess 100% of the street improvements to the benefiting commercial/ industrial properties. The improvements were completed under Contract 12 -02. The following information was used in the preparation of the assessment roll for Project 1060. PROJECT COST The total construction cost for this project is $19,078.02. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $11,945.89 were incurred, resulting in a total improvement and project cost of $31,023.91. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Mill & Overlay $14,547 $9,108 $23,655 $27,000 Conc Curb & Gutter Repair $4,532 $2,837 $7,369 $6,500 $19,078 $11,946 $31,024 $33,500 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT CITY PRICE COST MOBILIZATION LS 1.00 $2,500.00 $2,500.00 MILL BITUMINOUS PAVEMENT (0" -11/4" DEPTH) SY 582.00 1.36 791.52 BITUMINOUS MATERIAL FOR TACK COAT GAL 100.00 2.45 245.00 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TON 148.78 56.20 8,361.44 TYPE SP 9.5 WEARING COURSE MIXTURE (3,13)(PATCH) TON 1.52 78.00 118.56 ADJUST GATE VALVE BOX EA 1.00 218.00 218.00 REPAIR GATE VALVE TOP SECTION W/ COVER EA 1.00 214.00 214.00 ADJUST FRAME & RING CASTING EA ` 1.00 218.00 218.00 ITEM UNIT CITY PRICE COST TRAFFIC CONTROL LS 1.00 1,600.00 1,600.00 ADJUST FRAME & RING CASTING (RISER) EA 1.00 280.00 280.00 Subtotal $14,547 Other costs $9,108 Total Cost of Assessable Item(s) $23,655 Commercial /Industrial Lots Improvements: The City's Assessment Policy states that 100% of the Mill & Overlay/ Signage costs are assessable for Commercial /Industrial Lots properties. The improvement and assessment rate for the Commercial /Industrial Lots properties is computed as follows: $23,654.96 (Mill & Overlay Cost) x 100% = $23,654.96 (Total Assessment) $23,654.96 (Total Assessment) $1,987.81/Net Acre 11.9 Net Acres ASSESSMENT TERMS: The assessments are proposed for a term of 10 years for non - residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Mill & Overlay Conc Curb & Gutter Repair CITY FUND RESPONSIBILITY Major Street Fund: $7,369 Jo" Gorder, P.E. Reviewed --J Public Works Department Date C: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant II $23,655 $7,369 $31,024 4 I $23,655 $0 $23,655 Finance Department Date $0 $7,369 $7,369 Final Assessment Roll City Project 1060 - Tesseract Place Tesseract Place CGD - Cedar Grove Development P.I.N. Net Acreage* Unit Assessment Total 3800 Tesseract PI (Lot 1) 10- 75500 -01 -010 5.8 $1,987.81 $11,529.30 United Properties Inv. (Vacant) 10- 75500 -00 -010 6.1 $1,987.81 $12,125.64 Totals 11.9 $23,654.94 * Net acreage for 3800 Tesseract Place (Lot 1, Tesseract Addition) = 6.0 gross acres - 0,2 acre easement A a K ME i ti I f OV M2 A2116. ANNEIRM, .AEEIIEPA- Tesseract Place mow Street Revitalization - Project 1060 X� Final Assessments Ch of Ewfi Fig. 2 Date: 09/05/2012 KI Agenda Information Memo October 2, 2012 Eagan City Council Meeting VI. OLD BUSINESS A. ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CHAPTER 3, ADDING SECTION 3.70 RELATIVE TO THE FIBER OPTIC INFRASTRUCTURE NETWORK FOR ADVANCED COMMUNICATIONS AND APPROVE RESOLUTION REGARDING FIBER INFRASTRUCTURE FUND IN CONNECTION WITH CITY'S FIBER OPTIC INFRASTRUCTURE NETWORK ACTION TO BE CONSIDERED: 1.) Approve an Ordinance Amendment to City Code Chapter 3, adding section 3.70 relative to the non- exclusive fiber optic infrastructure for an advanced communications network, adopt by reference Eagan City Code Chapter 1 and Section 3.99, and direct the City Attorney to prepare and publish the summary amendment in the legal newspaper. 2.) Adopt a resolution regarding the City's Fiber Optic Infrastructure Network (AccessEagan) FACTS: • In the summer of 2011, after considerable review by the City's Finance Committee and City Council, the City undertook a phased extension of City fiber. The purpose of the extension was defined to provide for open access use by private sector providers to serve local businesses. • The City Council made it clear that the City would install open infrastructure for lease by telecommunications providers, but it is the private sector's role to provide direct service to businesses. • Per the direction of the City Council at the August 15, 2012 City Council workshop, an ordinance amendment has been prepared regarding the City's open access fiber optic infrastructure network for advanced communications. This ordinance is similar to the ordinances in place to operate City utilities. • The proposed resolution addresses the Fiber Infrastructure Fund, as it relates to the fiber network. • Per the direction of the Council at the August 15 workshop, the proposed AccessEagan rate structure will be presented to the Finance Committee later this year, with a recommendation to the Council as a whole to follow. • Following the review of the rates by the Finance Committee and City Council, the City's fee schedule will need to be modified to include the approved rate structure. ATTACHMENTS: (2) • The proposed Chapter 3 ordinance amendment and summary ordinance are included on pages 84 through n. • The proposed resolution regarding the Fiber Infrastructure Fund in connection with the City's Fiber Optic Infrastructure Network (AccessEagan) is enclosed on pages b(3 and 90 . ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THREE ENTITLED "MUNICIPAL AND PUBLIC UTILITIES" BY ADDING SECTION 3.70 REGARDING FIBER OPTIC INFRASTRUCTURE NETWORK FOR ADVANCED COMMUNICATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 3.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Three is hereby amended by adding Section 3.70 to read as follows: Sec. 3.70. Fiber Optic Infrastructure — Advanced Communications Network. Subd. 1. Purpose. The council has determined that it is in the best interest of the City's residents for the City to install, maintain, equip, own and operate an open access advanced communications network via fiber optic infrastructure throughout the City. It is the council's intent to install and construct a fiber optic infrastructure for an advanced communications network (hereinafter "network ") and to grant service providers the right to use the network so as to provide a variety of competitive advanced communication retail services. It is further the council's intent to grant business or other commercial entities within the City the right to use the network for internal advanced communication needs. It is the intent of the council that any user of the network shall be subject to the provisions of this Section and the City's network access and use agreements. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: Network means the City's fiber optic infrastructure for advance communication services, including but not limited to telephone, television, data transport, and internet services within the City. Network includes, without limitation, all cables, co- location space, conduits, inner ducts, manholes, nodes, optical fiber strands, patch panels, splices, switches, transmitters, junctions, terminals, internal power sources, access portals, battery backups, fault alarm systems, structures, shelters, poles or pole line attachments, similar equipment, business and operations support systems, and all articles of personal property owned or leased by the City, that are used to provide Wholesale Services, as any or all of the same may be updated, supplemented, replaced or expanded, from time to time. Demarcation on the network shall be defined as the Service Provider facing port on the City provider access switch and the Retail Subscriber facing ports on the access portal installed at the Retail Subscriber premises. Retail Services means the services that Service Provider offers to its Retail Subscribers over the network. Retail Subscriber(s) means end -user residential or business customers who are being served by Service Provider through the City's network. 26 Service Provider means a private entity which its business is providing and selling any communication services via fiber optics, including but not limited to telecommunication, television or radio, or any other data, at retail to individuals, businesses or other entities. Wholesale Services means any transport services provided by City through the City's network to a third party. Subd. 3. Network infrastructure control. The City shall have the right, in its sole discretion, to determine the design and location of its fiber optic infrastructure and components or facilities thereof within its public streets or other public place, whether as permanent or semi- permanent fixtures, for purposes of the construction, maintenance, equipping and operation of its network. The City shall have the right and the power to regulate and control the use of its network, through all terms, regulations and rules as it may determine from time to time. All users shall be subject to the terms, regulations and rules as a condition of the right to use the network. Subd. 4. General conditions for right to use City network. Use of the City's network shall be subject to the following: A. All service providers and other users of the network shall enter into a network access and use agreement or any other access, connection or use agreement, as may be applicable, as approved by council. B. The City administrator or his /her designee shall have the authority to establish rules and regulations governing the access and use of the network. All service providers and users granted the right to access and use the network shall be subject to such duly adopted rules and regulations. C. The use of the network shall be subject to the terms of the network access and use agreement or any other access, connection or use agreements, as may be applicable. D. The use of the network, shall be subject to the provisions of this Section. E. All users of the network shall be subject to co- location within the fiber optic infrastructure and no one service provider or other user shall have any right of exclusive use of or location within the infrastructure. F. All users shall be subject to and obligated to pay all fees and charges required for access and use of the network. G. The City has the right to install, inspect, maintain, repair and replace any network component that is located on the user's property, but connected to the network facilities located in the right -of -way. The costs incurred by the City in connection with the installation, inspection, maintenance, repair and replacement of any component that is located on the user's property but necessary for access to the network shall be paid the owner of the property on which the component is located, unless paid by its service provider. Subd. 5. Fees & costs. All fees for connection, availability /access and use of the network shall be determined by city council resolution. The fees for access and use of the network shall be paid by the service provider or other user as determined and set forth in the user's network access and use agreement and any billing invoice issued by the City. A penalty, the rate of which shall be one and one -half percent (1.5 %) per month, shall be charged on all delinquent balances. The penalty charges shall be added to and become part of the delinquent balances. The City may disconnect or terminate a service provider or other user's access and use of the network at any time that the charges and fees remain unpaid and delinquent fifteen (15) days or more after the due date. Subd. 6 Unlawful acts. A. It is unlawful for any person to willfully access and use the network without first obtaining written permission from the City. B. It is unlawful for any person to willfully or carelessly damage, injure, deface, interfere, impede or in any way interfere with the City's network, including any part thereof. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 3.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor 01 Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: m The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on 52012. ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THREE ENTITLED "MUNICIPAL AND PUBLIC UTILITIES" BY ADDING SECTION 3.70 REGARDING FIBER OPTIC INFRASTRUCTURE NETWORK FOR ADVANCED COMMUNICATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 3.99. Eagan City Code, Chapter 3 has been modified to add Section 3.70 establishing and regulating the city's fiber optic infrastructure network within the City. The section sets forth the regulations concerning the right to access and use the network, the conditions for access to and use of the network, fees and costs required to be paid for access to and use of the network and unlawful acts related to the network. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. MOW EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on October 2, 2012, at 6:30, p.m. The following members were present: Maguire, Bakken, Hansen, Fields and Tilley; and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION REGARDING FIBER INFRASTRUCTURE FUND IN CONNECTION WITH CITY'S FIBER OPTIC INFRASTRUCTURE NETWORK (ACCESSEAGAN) WHEREAS, the Eagan City Council adopted Ordinance No. 2nd Series under which Section 3.70 of the Eagan City Code was added. WHEREAS, Ordinance No. 2nd Series, Section 3.70, establishes and regulates the City's fiber optic infrastructure network and requires fees and charges for the access to and use of the network and accordingly, the fiscal management of said fees and charges, as well as the use thereof, for the maintenance and operation of the network is necessary. WHEREAS, the City Council of the City of Eagan established the Fiber Infrastructure Fund in 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that all rates, charges and fees paid to the City pursuant Ordinance No. 2„d Series, Section 3.70 shall be deposited into the City's Fiber Infrastructure Fund and the funds therein shall be used for the maintenance and operation of the network. BE IT FURTHER RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, the council shall have the authority to direct reallocation or transfer of funds in the Fiber Infrastructure Fund to another city fund if it is determined to be in the best interest of the City. r ADOPTED this day of , 2012. Mike Maguire ATTEST: Christina M. Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Maguire, Bakken, Hansen, Fields and Tilley; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. 1 E Agenda Information Memo October 2, 2012, Eagan City Council Meeting A. REZONING AND PRELIMINARY SUBDIVISION — BENNEROTTE ACTION TO BE CONSIDERED: To approve (OR to direct preparation of findings for denial) a Rezoning from A, Agricultural, to LB, Limited Business, upon approximately 4.85 acres located East of Courthouse Lane and North of Hwy. 55. To approve (OR to direct preparation of findings for denial) a Preliminary Subdivision to create one lot and one outlot upon 4.85 acres located East of Courthouse Lane and North of Hwy. 55, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes /Majority of Quorum FACTS: ➢ The site is vacant and consists of a platted parcel located east of Courthouse Lane and north of Highway 55. ➢ The site has not been previously graded and has significant wooded areas and rolling topography. ➢ The proposed rezoning is consistent with the Office /Service Land Use designation and would allow for orderly development within the corridor. ➢ The proposed subdivision includes one lot and one outlot which is anticipated to be further subdivided in the future (Lot 1 1.7 acres / Outlot 1.6 acres). ➢ The proposed office use is consistent with the LB zone and surrounding commercial uses. ➢ The initial building plans and elevations appear to satisfy City Code requirements. ➢ A revised landscape plan should be provided at time of Building Permit. ➢ Primary access to the site is via an extension of Courthouse Lane, with a new north/south cul -de -sac street constructed through the middle of the site. ➢ The applicant does not propose to extend the streets or utilities to the perimeter of the property. ➢ Tree mitigation is proposed to be fulfilled with the installation of 24 Category A trees and a cash amount of $21,300. ➢ Cash park and trail dedications are required for Lot 1 at time of Building Permit. ➢ The Advisory Planning Commission held a Public Hearing on September 24, 2012, and is recommending approval including the prepayment option for future street & utility extensions. q) ISSUES: ➢ City Policymakers should determine if the streets and utilities should be installed to the edge of the property at the time of development or if prepayment of special assessments is an acceptable alternative. 60 -DAY AGENCY ACTION DEADLINE: Deadline expires October 14, 2012 ATTACHMENTS: (3) Location Map, page qa Draft September 24, 2012 APC Meeting Minutes, pages �L4 through O��S Planning Staff Report, pages '�(� through I a Location Map Lon Oak Rd ' a 9Rky, Yank. -M ddIORd. ZqY '(IfJp� V NOR)�p[ESTFF0.FNP� -- Dlffle Rd 1 CIIff Rd 3 a.� — o O � ` ar aaxraaaaxa �e asnrsxa aza 0" 0 Map Area Extent 0 w l ,f ..... :H,- .NO:.26llONE: OAK, RD, !<».>««.,„,:».,,.:.-,<. Y::<_,:.<.., w.,:»»»:,». ,:»,<.». <.<».,;:,<» >.<,,.«,;... '` -:::::::::: r.: r .. .......::::.:r........_........ Subject Site ! i is a y CpUq 1' ' o 1j 1 v �1 i .............. ................. _. i e o ( 1 i ao . 1r ,d Bur Oaks Park Not Park Park o- ..._ .............._.... . Project Name: Bennerotte Addition Request: Rezoning & Preliminary Subdivision Case Nos.: 12- RZ- 06- 07 -12; 12- PS- 04 -07 -12 10� City of Eap 10 Feet 0 500 1,000 2,000 Legend Parcels Buildings Parks .aellfar; imIrmy City Boundary N Advisory Planning Commission September 24, 2012 Page 2 of 9 IV. PUBLIC HEARINGS A. Bennerotte Addition Applicant Name: MJKB Investment Company, LLC Location: Parts of Lot 2, Auditors Subdivision No. 38 Application: Rezoning A Rezoning of approximately 4.85 acres from A, Agriculture to LB, Limited Business. File Number: 12- RZ- 06 -07 -12 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 4.85 acres to create nd an Outlot. File Number: 12- PS- 04 -07 -12 Planner Thomas introduced this item and highlighted th m - tion pre s d in the City Staff report dated September 21, 2012. She noted the bac g ound and history. Member Filipi asked if prepayment of the specia�f� . s.- ment Obs required, wou � extension of public streets, sidewalk, and sanitary water and se a tty's responsibij'y. City Engineer John Gorder stated yes, the extension of senfices would be paid through a public improvement project special assessmenn,f; City Attorney Bob Bauer stated it is policy tw'recorWrnend to Council,' that the developer be required to extend services now or provide c$sh for €uf 5� xten 'on. .M { Member Piper asked if t, ecedent fort ?6paymentj&f special assessments. City Engineer Gordentted there at least oneth instance of this approach in the City. Chair Heaney opened the public Fiear�phg f t fx� .W, � pt, Y p g There bei no u Its 5 ..ment, mohair Heaney closed the public hearing and turned the discuss' 1 back to the ; issioi4� There wals%fftussion on the�alculaton of prepaid assessments and the match in grading for future develop.. ent. Member Supina ffs-, e if the City would do enough engineering to confirm that the extensions can be physically corplet City Engineer Gorderexplained that prepayment of special assessment would be per the city's fee schedule, a number that staff is comfortable with to cover all contingencies. He discussed grading and stated it would be graded to accommodate future development, matched by the future developer. Member Filipi moved, Member Piper seconded a motion to recommend approval of a Rezoning from A, Agricultural, to LB, Limited Business upon 4.85 acres located East of Courthouse Lane and North of Hwy 55 legally described as part of Lot 2, Auditors Subdivision No. 38. 0 °1 Advisory Planning Commission September 24, 2012 Page 3 of 9 All voted in favor. Motion carried 6 -0. Member Filipi moved, Member Piper seconded a motion to recommend approval of a Preliminary Subdivision to create one lot and one outlot upon 4.85 acres located East of Courthouse Lane and North of Hwy 55 legally described as part of Lot 2, Auditors Subdivision No. 38, subject to the following conditions as amended: 1. The property shall be platted. 2. The developer shall provide building material percentage details for all elevations at time of building permit. A - , 3. Mechanical equipment shall be screened per City Code requirements 4. The Landscape Plan shall be revised to add foundation pla -14 s on the north side of the building, include a second species on the east of the Wil- be consistent with the planting schedule and overlay the mitigation trees to ensu '� a c( ate spacing. 5. The developer shall fulfill required tree mitigation thrauc3h t a insta�414at�t n of twenty -four (24) Category A trees and a cash amount of $21,300 O�firee= preservation= � Outlot A shall be considered at the time of future development 6. The developer shall be responsible for a arks a trail dedicati of : the newly created lots. 7. The developer shall . be responsible for the acq s i of a regulatory gency permits required by the affected agency prior to Building Permit royal. 8. The developer shall obtain the nece right -of -way per 'A. from MnDOT. 9. All erosion /sediment control plans s d for developmei nd rading permits shall be prepared by a designer who has recei Minnesota .3 ` artment of Transportation (MnDOT) training, or approved equa rains termi 11 by the City Engineer in designing stormwater pollution preventi pl il personnel responsible for the installation of erosion / , Q m e t control de : s, and the establishment of vegetation for the development, shall t a received Erosion /pediment Control Inspector /Installer certification through the Univesl of Minnesota, or apprp ed equal training as determined by the City Engineer. 10. (B.) The #dveloper shall vide "pre- payment of special assessments for the extensions of these strelgs_ {mod utilities . a form and term acceptable to the City Attorney, to ensure their rrt- future place with de. lopment of adjacent properties. 11. All well and sepc s within the development shall be abandoned in accordance with City and County s ards. 12. The developer shy provide the City appropriate soil- boring analysis of the location of the proposed stormwater management feature, to evaluate and ensure suitability for infiltration. 13. The developer shall be responsible for annual inspection and maintenance of the stormwater management feature and for providing the City documentation of these activities. 14. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, to address long term maintenance of the stormwater management feature. All voted in favor. Motion carried 6 -0. go PLANNING REPORT CITY OF EAGAN REPORT DATE: September 21, 2012 CASE: 12- RZ- 06- 07 -12; 12- PS- 04 -07 -12 APPLICANT: MJKB Investment Co., LLC HEARING DATE: September 24, 2012 PROPERTY OWNER: RES Investment Co., LLP APPLICATION DATE: August 20, 2012 REQUEST: Rezoning and PREPARED BY: Sarah Thomas Preliminary Subdivision LOCATION: East of Courthouse Lane and North of Hwy 55 COMPREHENSIVE PLAN: O /S, Office /Service ZONING: A, Agricultural SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from A, Agricultural, to LB, Limited Business and a Preliminary Subdivision to create one lot and one outlot upon 4.85 acres located East of Courthouse Lane and North of Hwy 55 legally described as part of Lot 2, Auditors Subdivision No. 38. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 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 regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: NCO Planning Report — Bennerotte Addition September 24, 2012 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other infonnation contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." R� Plamling Report — Bennerotte Addition September 24, 2012 Page 3 BACKGROUND /HISTORY The subject site was platted in 1939 as part of Lot 2, Subdivision No. 38. The property is vacant. EXISTING CONDITIONS The site has not been previously graded and has significant wooded areas and rolling topography. The property abuts Hwy. 55 to the south and access to the site will be provided via an extension of Courthouse Lane. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The applicant is proposing to subdivide the site into one lot and one outlot to construct an office building. The outlot is anticipated to be further subdivided into two lots in the fixture. Access is proposed from Courthouse Lane (extended). The proposed development is designed for future extension of the new roadway to the north. Compatibility with Surrounding Area — The proposed LB zoning is consistent with the O /S, Office Service, Land Use designation in the Comprehensive Guide Plan. The proposed office use is compatible with the surrounding area as the adjacent property to the west is developed with a similar use. The rezoning would allow for orderly development in the corridor. Airport Compatibility — Based on the Metropolitan Council Policy Contours adopted in 2007, the site is located within Noise Policy Zone 4. Office uses are considered Compatible Uses within Zone 4. Lots and Density — Lot 1 is proposed to be 1.7 acres. The outlot is proposed to be 1.6 acres and would need to be platted into a lot and block prior to issuance of a Building Permit. There is no minimum lot size or lot width required in LB zone; however, the bulk standards, such as green space and building coverage do apply. � M Existing Use Zonin2 Land Use Designation North Single - Family Homes A, Agricultural O /S, Office /Service South Hwy 55 East Single - Family Homes A, Agricultural O /S, Office /Service West Office PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Proposal — The applicant is proposing to subdivide the site into one lot and one outlot to construct an office building. The outlot is anticipated to be further subdivided into two lots in the fixture. Access is proposed from Courthouse Lane (extended). The proposed development is designed for future extension of the new roadway to the north. Compatibility with Surrounding Area — The proposed LB zoning is consistent with the O /S, Office Service, Land Use designation in the Comprehensive Guide Plan. The proposed office use is compatible with the surrounding area as the adjacent property to the west is developed with a similar use. The rezoning would allow for orderly development in the corridor. Airport Compatibility — Based on the Metropolitan Council Policy Contours adopted in 2007, the site is located within Noise Policy Zone 4. Office uses are considered Compatible Uses within Zone 4. Lots and Density — Lot 1 is proposed to be 1.7 acres. The outlot is proposed to be 1.6 acres and would need to be platted into a lot and block prior to issuance of a Building Permit. There is no minimum lot size or lot width required in LB zone; however, the bulk standards, such as green space and building coverage do apply. � M Planning Report — Bennerotte Addition September 24, 2012 Paee 4 Setbacks — The minimum structure setback from public right of way is 30 feet, rear yard is 10 feet, and side yard(s) is 20 feet. The proposed plan for Lot 1 exceeds these requirements. Green Space and Building Coverage — City Code requires green space to be a minimum of 30 %. The proposed development plan identifies 35% green space. The maximum amount of building coverage is limited to 20% (15,064 sq. ft.). The proposed building footprint is 7,320 sq. ft. or 10% which exceeds the City Code requirement. Building Elevations — The Zoning Ordinance requires newly constructed buildings in the LB zoning district to meet the following exterior finish materials standard. The building must utilize at least two different Class I materials (brick, glass, natural stone, architectural metal panels) comprising at least 65% of the building. Up to 35% of the building may be Class II or Class III (specialty concrete block, masonry stucco, manufactured stone — Class II; EIFS, precast concrete, Class III) or Class IV materials (smooth concrete or scored concrete block, tip up panels). The maximum amount of Class IV material should not exceed 10 percent. The proposed elevations appear to meet City Code requirements as the elevations utilize 65% Class I materials (brick and glass) and 35 % Class II and III materials (stucco- Class II; cement siding- Class III); however, all sides are required to be treated similarly. At time of Building Permit, the applicant should provide material percentage details for all elevations. Parking — The 14,640 sq. ft. office building is required to provide 78 off - street parking spaces, per City Code. The developer is proposing 90 stalls. Mechanical Equipment — The Building Elevation plan identifies a hip roof design which does not allow for roof top mechanical equipment. City Code requires ground mounted mechanical equipment to be fully screened by either a masonry wall or opaque landscaping. Landscaping screening must consist of plant material that remains fully opaque year round. A masonry wall screen must be constructed of the same material and color as the principal structure's building surface material. Plans should identify the method of screening for review at time of Building Permit. Landscaping — The preliminary Landscape Plan is acceptable, with modifications. The applicant should revise the Landscape Plan to add foundation plantings on the north side of the building similar to what is proposed on the south side. Additionally, the plan should include the planting schedule and implement the six Weigla Shite Knight shrubs along the east side of the building so as to provide a second species in addition to the Blue Chip Juniper shrubs. A Landscape Plan will be required at the time of Building Permit at the time the Outlot is subdivided for both lots. The Landscape Plan for the Outlot should comply with the City's landscape ordinance, and utilize similar materials and design elements as have been established with the initial construction on Lot 1. Planning Report — Betmerotte Addition September 24, 2012 Page 5 Grading/Topography — The preliminary Grading Plan is acceptable. The site is undisturbed and it features significant wooded areas and rolling topography. Significant grading will be required to prepare the site for development. Grading is proposed within the right -of -way of Highway 55. The developer should be responsible for acquiring a permit to work within the right -of -way from the MN Department of Transportation for any work within Highway 55 right -of -way. All erosion/sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/sediment control devices and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as detennined by the City Engineer. Storm Drainage — The preliminary Storm Drainage Plan is acceptable, with modifications. Storm water runoff from the development will drain via an on -site storm sewer system to a constructed storim pond in the southeast corner of the site. This pond will then flow through public storm sewer along the north side of Highway 55 to Pond GP -3 (as designated in the City Storm Water Management Plan — 2007) approximately 500 feet to the east of the new storm pond. The storm water basin will meet all requirements set forth in the Water Quality /Wetlands portion of this report. Utilities — The preliminary Utility Plan is acceptable, with conditions. Sanitary sewer and water mains are available in the southwest corner of the site, but are proposed to be extended within new public right -of -way from existing Courthouse Lane west of the site. It is a long- standing City policy that public sanitary sewer and water main lines be extended to the boundaries of developments, to serve future development of adjacent properties. In lieu of full extensions of public sanitary sewer and water main to the north and east boundaries of this development, the developer proposes to place a financial guarantee with the City that covers the extension of these public lines at some time in the future when needed by development of adjacent properties. The developer should extend public sanitary sewer and water lines, in accordance with City engineering standards, to the east and north boundaries of the site, or provide prepayment of special assessments for the extension of utilities in a form and tenm acceptable to the City Attorney, to ensure their future placement with development of adjacent properties. All well and septic systems within the development should be abandoned in accordance with City and County standards. X00 Planning Report — Bennerotte Addition September 24, 2012 Page 6 Streets /Access /Circulation — Public street access is proposed via the easterly extension of Courthouse Lane from the adjacent Oakview Center development and the extension of a new public street northward from Courthouse Lane, as shown on the preliminary Site Plan. Courthouse Lane provides as a frontage road along the north side of Highway 55, as indicated in the Trunk Highway 55 Access Management as approved by the City Council and MnDOT (June 1999). The preliminary Site Plan does not show the extension of Courthouse Lane to the easterly edge of the development, or the extension of the public street to the north edge of the site. It is a long- standing City policy that developments extend public street segments to the boundaries of developments, as needed to provide public street access and circulation for fiiture development of adjacent properties. The developer should extend Courthouse Lane street and sidewalk, to the east edge of the site, and the public street to the north boundary of the site, both in accordance with City engineering standards, or provide prepayment of special assessments for the extension of streets in a form and term acceptable to the City Attorney, to ensure their future placement with development of adjacent properties. Easements/Pen-nits/Right-of-Way — Courthouse Lane is a public street maintained by the City. A portion of proposed Courthouse Lane lies within Highway 55 right -of -way. If this development is approved and Courthouse Lane extended, City staff will coordinate the necessary transfer of right -of -way from MNDOT to the City for maintenance responsibilities. This development should be responsible for the acquisition of all regulatory agency pen-nits required by the affected agency prior to building pen-nit approval. Financial Obli ation — At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of Final Subdivision or con section to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the Final Subdivision or Plat, with due allowances for easements and right -of -way required with the plat; Improvement Use Rate Quantity Amount Sanitary SewerTrunk C/I $2,950/ ac 4.31 ac $12,715 Water Trunk C/I $2,800 / ac 4.31 ac $12,068 Total $24,783 Water Quality and Wetlands — Water quality requirements have not previously been applied to this undeveloped parcel. Therefore, the proposed new development is subject to City Code §4.33, post - construction stonnwater management requirements. There are no wetlands on site, so City Code § 11.67, wetland protection and management regulations do not apply. KA Planning Report — Bennerotte Addition September 24, 2012 Page 7 The developer proposes to meet City Code §4.33 requirements by constructing a 5,000 square - foot bio- retention basin in the southeast corner of the parcel. Eagan Water Resources has reviewed the applicant's stormwater runoff modeling and design plans for stormwater management. The proposed plans meet City Code §4.33 requirements. Tree Preservation — The proposed development is considered a multiple -lot, multiple -phase type of procedure regarding Tree Preservation. The site is proposed to be prepared first for the initial development (roads, major utilities, and on -site ponding), and secondly, Lot 1 is to be prepared for the proposed building and parking lot. Outlot A is to be preserved, as is, for future development. Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (multiple -lot, multiple- phase, commercial) is set at 25% for the initial site development, and 30% allowable removal for each lot. A tree inventory submitted with this application indicates the following: Significant Woodlands (Sq. Ft.) Individual Trees Initial Site Development Area 8,600 38 Lot 1 (Building and Parking Lot) 9,900 36 Outlot A (Future Development) 9,300 15 According to the plan submitted, significant tree and woodland impacts will result in the removal o£ Initial Site Development — 1,500 sq.ft. of significant woodlands (17% of the total) and 28 significant trees (74% of the total). Lot 1 — 9,900 sq.ft. of significant woodlands (100% of the total) and 36 significant trees (100% of the total). Outlot A — No removal of significant vegetation at this time. Tree preservation for this Outlot will be considered at the time of proposed future development. Because the proposed significant tree removal is more than allowed without mitigation, required tree mitigation calculates to one - hundred and nineteen (119) Category B trees (or an equivalent number of Category A, B, or C trees) for the existing trees to be removed. Planning Report — Bennerotte Addition September 24, 2012 Page 8 The applicant has submitted a Tree Mitigation Plan that includes both tree replacement on site and cash. The proposed mitigation plan indicates the installation of twenty -four (24) Category A trees (this is an equivalent of 48 Category B trees) and a cash amount of $21,300. The trees utilized for mitigation should be overlaid on the Landscape Plan to ensure adequate spacing of the new plant material. Parks and Recreation — This development is responsible for cash park and trail dedications for the one lot payable at the time of Building Permit at the rates then in effect. SUMMARY /CONCLUSION The applicant is requesting approval of a Rezoning and Preliminary Subdivision to create one lot and one outlot upon 4.85 acres located East of Courthouse Lane and North of Hwy 55. The outlot is anticipated to be further subdivided in the future. The applicant proposes to construct an office building on the newly created Lot 1 to relocate his attorney's office. The remainder of the office space will be leased to another tenant(s). Public access for future development to the north is planned for with a cul -de -sac; however, it is not proposed to be extended to the edge of the subject property. City Policyinakers should determine if the street and utilities should be installed at the time of development or if pre- payment of special assessments is an acceptable alternative. The proposed Tree Mitigation Plan indicates the installation of twenty -four (24) Category A trees and a cash amount of $21,300. The site is subject to cash park and trail dedications for fuuture development, payable at the time of building permit at the rates then in effect. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from A, Agricultural, to LB, Limited Business upon 4.85 acres located East of Courthouse Lane and North of Hwy 55 legally described as part of Lot 2, Auditors Subdivision No. 38. To recommend approval of a Preliminary Subdivision to create one lot and one outlot upon 4.85 acres located East of Courthouse Lane and North of Hwy 55 legally described as part of Lot 2, Auditors Subdivision No. 38. If approved, the following conditions should apply. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B2, B3, B4, Cl, C2, C3, D1 and E1 1. The property shall be platted. 2. The developer shall provide building material percentage details for all elevations at time of building pen-nit. l03 Planning Report — Bennerotte Addition September 24, 2012 Pap-e 9 3. Mechanical equipment shall be screened per City Code requirements 4. The Landscape Plan shall be revised to add foundation plantings on the north side of the building, include a second species on the east of the building to be consistent with the planting schedule and overlay the mitigation trees to ensure adequate spacing. 5. The developer shall fiilfill required tree mitigation through the installation of twenty -four (24) Category A trees and a cash amount of $21,300. Tree preservation for Outlot A shall be considered at the time of fixture development. 6. The developer shall be responsible for a cash parks and trail dedication for the newly created lots. 7. The developer shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to Building Permit approval. 8. The developer shall obtain the necessary right -of -way permits from MnDOT. 9. All erosion/sediment control plans submitted for development and grading pen-nits shall be prepared by a designer who has received current Minnesota Department of Transportation (MnDOT) training, or approved equal training as determined by the City Engineer in designing stonnwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 10. (A.) The developer shall extend Courthouse Lane public street, sidewalk, sanitary sewer and water lines, to the east edge of the site, and the public street, sanitary sewer and water lines to the north boundary of the site in accordance with City engineering standards. •' 10. (B.) The developer shall provide pre - payment of special assessments for the extensions of these streets and utilities, in a form and teen acceptable to the City Attorney, to ensure their future placement with development of adjacent properties. 11. All well and septic systems within the development shall be abandoned in accordance with City and County standards. 12. The developer shall provide the City appropriate soil - boring analysis of the location of the proposed stormwater management feature, to evaluate and ensure suitability for infiltration. �0� Planning Report — Bennerotte Addition September 24, 2012 Page 10 13. The developer shall be stormwater management activities. responsible for annual inspection and maintenance of the feature and for providing the City documentation of these 14. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, to address long term maintenance of the stormwater management feature. 0 STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialOblilZations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1, This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights -of -way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards, 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of -way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management 'Plan. C. Plans and Specifications 1, All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a permanent cul -de -sac, or temporary cul -de -sac to be removed upon further extension (on stub streets), constructed in accordance with City �0(.0 engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights-of-way as required by the alignment of the cul -de -sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as awarded by the action of the City Council. H. Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. Vag I. Wetlands Protection and Management This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. J. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and /or Buffer Zone, K. Other All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission Approved: August 25, 1987 i City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 Revised: July 7, 2009 Location Map p T � P Lain Oak Rd r °9A E �Yf Yanke Ua ddlMd a RO OI -Rd - NIVESi PARS Y M OWN — o O � ` rrmxaYr�amtt swatt�rm szaaa�! R ° Map Area Extent 4 f" - F \ ` i r .,.:, ,,,m..�,..,.,.�,:�.«+°,�.°° >.:. ,H.:N0�28 (LONE,OAK<RD,. .,,,�, ;,.uuu.,:...::,..,. •.r - Subject Site V o N ......... ............... I aa0 ILO ROTD , T 4 1.. 00 - Bur Oaks Park II t t D North Park Park '( T I x , -, ,i o i i wl t P. 2u r i Feet 0 500 1,000 2,000 Project Name: Bennerotte Addition Legend Request: Rezoning & Preliminary Subdivision F-1 Parcels Case Nos.: 12- RZ- 06- 07 -12; 12- PS- 04 -07 -12 Buildings Parks City Boundary N City Eap of 100, Current Zoning and Land Use Map City of Eap Application: Bennerotte Addition Type: Rezoning and Preliminary Subdivision Case No.: 12- RZ- 06- 07 -12; 12- PS- 04 -07 -12 Zoning A Agricultural District Land Use Plan O/S Office Service N 0 300 600 1,200 ® Feet �I LL IPD PD Subject Site A D �TETRU J P A I GI R -1 -� -NB-L-1- —! r �EfD. 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Ct < 00 (q 7r Or o m ELEVATIONS z 7A m F- m V 'U r- p F 0 :fE F -u m F 0 0 m < m (o m m 0) > w 0 rnm um < Ol m< < m 00 to to m u Fall m z 7A 7�zz zX!, C: m 0 :fE F -u m F 0 0 II m m m m 0) > w 0 rnm um < Ol m< < m 00 to to m u Fall 0 01 I I m m 7�zz zX!, Ism cm --me u Fall 7�zz zX!, Ism cm --me No Rs� II L a ,t c A m M I P E T c R c T r I lao NARRATIVE JACOBSON Engineers • Surveyors 21029 Heron Way Lakeville, MN 55044 Phone (952) 469 -4328 Fax (952) 469 -4624 E -Mail: jacobson @engrsuiv.com To: City of Eagan Planning Department Attn: Julie Strid, Planning Aide From: Grant D. Jacobson, P.E., P.L.S. Date: July 18, 2012 Re: Written Narrative for Proposed Development Tom Bennerotte (future owner) is proposing to purchase the 4.85 acre site and develop a professional office building on the west side of the site as shown. The proposed roads as shown will divide the side in to two areas. The east side will be outlotted for future development. The preliminary plat has shown a concept plan that shows two future buildings and splitting the outlot into two future lots. Mr. Bennerotte would like to begin construction this fall with the utilities /road work completed before winter. The building would be constructed during the winter months and be completed by spring. — The Comprehensive Guide Plan designates this property as office /service. The proposed - -- development is within this guideline. The property is currently zoned Agriculture. The proposal would want this to be rezoned to Limited Business. The property to the west is platted as Oakview Center. This has an existing office building. The property to the north and east is residential. To the south is State Trunk Highway No. 55, Courthouse Lane currently dead ends at the west side of this property. The development will construct the extension of this road to the east property line. The road will also be extended north to create a cul -de -sac for access to the proposed lot and the future lots to the east. A storm sewer pond is shown at the southeast corner of Outlot A. This pond is sized for the ultimate development for Outlot A and proposed Lot 1. Sanitary /Water lines will be extended from the end of Courthouse Lane. Water and Sewer will also be extended north to connect to the proposed services from the proposed building and the future buildings. The proposed building as shown on Lot 1 meets the maximum requirements for building coverage, minimum for green space and parking spaces, and meets the required building /parking setbacks. 4�� �r tt ,7 ,� •�Sfr,_. August 14, 2012 WETLAND DETERMINATION Acorn Environmental Comoultanto, Inc, Mr. Grant Jacobson Jacobson Engineers - Surveyors 21029 Heron Way Lakeville, MN 55044 RECEIVED AUG 2 01012 �f Subject: Wetland determination for the 4.31 acre site, PIN 10- 03800 -02 -010 Eagan, Dakota County, Minnesota Acorn Project #10497 Dear Mr. Jacobson: Thank you for requesting Acorn Environmental Consultants, Inc. (Acorn) for wetland services associated with the subject site. As part of the preliminary investigation for wetlands on the parcel, Acorn reviewed a series of GIS layers including: the National Wetland Inventory (NWI), Dakota County soil survey, a topographic map with a two foot contour interval, and several aerial photographs of the site. Following this off -site investigation, an on -site visit was conducted the first week in August, 2012. The findings of this investigate National -wed -and - inventory -: -- Dakota County Soil Survey: Topographic map of the site: Aerial photographs of the site: On -Site visit: on were as follows: - -Now wetlands - were - identified— - - - -- No hydric soils were identified No basins or water courses were identified No discernable wetland features were observed No hydrophytic plant communities were observed Conclusions: No wetlands were observed on this site. Its topography, soils and plant community showed no areas that met the three required parameters for a wetland. If you have additional questions about this property please contact me. Sincerely, Acorn Environmental Consultants, Inc. 2- Biologist /Environmental Scientist, Wetland Delineator Certified #1112 952- 240 -6226 cell acornoak @q.com 8040 5teveno Avenue South Bloomington, MN 55420 (612) 888 -4901 info ®acornenvironmental.com www.AcornEnv!ronmental.com Agenda Information Memo October 2, 2012, Eagan City Council Meeting B. CONDITIONAL USE PERMIT — ANDERSON PROPERTIES, INC. ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to permit a Laundromat in the Cedar Grove District zoning district upon property located at 1967 Silver Bell Road. REQUIRED VOTE FOR APPROVAL: Majority of Council members present FACTS: ➢ The applicant is proposing a Laundromat use in the existing multi- tenant Shoppes of Cedar Grove retail center located at 1967 Silver Bell Road. ➢ The site is within the Cedar Grove Redevelopment District, a TIF district that was certified in 2002. ➢ The City's Comprehensive Guide Plan created a small area plan for Special Area #5 (Cedar Grove) in 2003. Also in 2003, approximately 96 acres within the Cedar Grove redevelopment area, including the subject site, was rezoned from various zoning districts to CGD, Cedar Grove District. ➢ The CGD zoning district does not list a Laundromat as an allowed use. ➢ The CGD district does provide for a CUP allowing the City Council to determine whether a use that is not listed is "similar in purpose and character to other permitted and conditional uses in this district." ➢ The CUP process allows for a determination to be made relative to a specific site. ➢ The proposed use appears to be similar and compatible with other retail commercial and service uses listed in the CGD zoning district and specifically for the subject site. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: October 14, 2012 ATTACHMENTS: (3) Location Map, page L D _ Draft September 24, 2012, APC Meeting Minutes, page Planning Staff report, pages 1a(o through 1'3"1 3 �O I -L 0 500 Project Name: Shoppes of Cedar Grove Request: Conditional Use Permit Case No: 17- CU- 08 -08 -12 am City of E@R 1a q Feet 1,000 2,000 Legend Parcels Buildings Parks � H,City Boundary N Advisory Planning Commission September 24, 2012 Page 4 of 9 B. Shoppes of Cedar Grove Applicant Name :Martha O. Anderson Properties, Inc. Location: 1967 Silverbell Road; Lot 1, Block 1, Silverbell Center Addition Application: Conditional Use Permit A Conditional Use Permit to allow a laundromat in the CGD, Cedar Grove District zoning district. File Number: 17- CU- 08 -08 -12 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 19, 2012. She noted the background and history. Martha Anderson discussed the retail center and the need for this introduced the future operators of the Laundromat facility. A Chair Heaney opened the public hearing. There being no public comment, Chair Heaney discussion back to the Commission. Member Supina moved, Member Piper seconded a mir Laundromat use at 1967 Silver Bell Road, subject to th 1. This Conditional Use Permit shall b#,'ke by the City Council 2. Any new rooftop mechanical equipi requirements of City Code Sec. 11.70, minimum of 20 feet from the edge of the and from the ground ei.i djacent K subject building. 3. Hours of operati, all be h ; r ed to b City Code provisions 4. The applicant is resp J 9 of this us - ilssewer a t ability the Lafi 5. A Si�q Permit is�iared for any -_new reaai'ements. waf All voted inffaor. Motion carid 6 -0. is hearing area. She also to r Fit.� mend ap to a cdnditions: the a ;d at Dakota-4, my within 60 days of approval iWIL, be screen dFin accordance with the 1 M . Such :e uipment must be set back a loate� pfirely screened from public view Wand struts that are of equal grade with the 7:00 a.m. and 1:00 a.m. in accordance with r avairability charges resulting from the introduction '4411 be paid prior commencing the operation of signage and all signs shall be subject to City Code PLANNING REPORT CITY OF EAGAN REPORT DATE: September 19, 2012 APPLICANT: Anderson Property Management PROPERTY OWNER: Bluff Properties, LLC REQUEST: Conditional Use Pen-nit LOCATION: 1967 Silver Bell Road CASE: 17- CU- 08 -08 -12 HEARING DATE: September 24, 2012 APPLICATION DATE: August 15, 2012 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: SA /RC, Special Area/Retail Commercial ZONING: CGD, Cedar Grove District SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to permit a Laundromat in the Cedar Grove District zoning district. The subject site is the Shoppes at Cedar Grove, 1967 Silver Bell Road, legally described as Lot 1, Block 1, Silver Bell Center Addition. 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: 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. � Wo Planning Report — Silver Bell Center September 24, 2012 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, fiimes, 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 existing multi- tenant retail building was constructed on this site in 1979. At that time, the property was zoned CSC, Community Shopping Center. Several CUP's have been approved for different uses over the years including restaurants, on -sale liquor, motor fuel sales, dog grooming, and a pylon sign. The most recent CUP in 1996 was for motor fuel sales and a canopy, which is located on the southwest end of the site. In 1998 the City initiated the Cedarvale Area Redevelopment Study to evaluate the area's potential to create a viable mixed use area that would utilize the area's innate advantages (highway visibility and accessibility) while maintaining compatible land use relationships with surrounding uses. In 2001, the City created the Cedar Grove Redevelopment Tax Increment Financing (TIF) District. This TIF District_was certified in 2002. The City's Comprehensive Guide Plan created a small area plan for Special Area #5 (Cedar Grove) in 2003. The City's current 2030 Comprehensive Guide Plan, adopted in April 2010, continues to include this property within the Cedar Grove Commons Special Area. The City adopted the new Cedar Grove Zoning District ordinance in December 2002 and on June 3, 2003, the City Council approved a rezoning of approximately 96 acres within the Cedar Grove � a__7 Planning Report — Silver Bell Center September 24, 2012 redevelopment area from various zoning districts to CGD, Cedar Grove District. The existing multi- tenant retail building was included in this rezoning to CGD. An exterior remodel of the building was completed in 2008, updating the architecture and finish materials, and increasing consistency with current City Code requirements. EXISTING CONDITIONS The site is developed with an approximately 40,000 sq. ft. multi- tenant commercial retail building with 187 parking stalls, plus additional parking at the fuel pumps. Most tenants front on the west side of the building, facing the parking lot and Hwy. 13. The convenience store /gas station is located on the southwest corner, and there is one tenant space on the southeast corner that faces south, toward Silver Bell Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The applicant is proposing a Laundromat for the southeast tenant space within this building. The submitted narrative indicates that the Cedar Grove area current lacks this service for "local residents needing to do their weekly laundry or to clean larger bulkier items such as comforters and rugs." City Code Requirements — The CGD zoning district is intended to be a mixed use district and lists many retail, commercial, service, residential and professional uses as permitted uses. The text of the CGD zoning ordinance provides for a Conditional Use Permit process for the City Council detennine whether a use that is not listed is "similar in purpose and character to other permitted and conditional uses in this district." The CUP process allows for a determination regarding the compatibility of a use not listed to be made specific to a particular property, while not making the use pennitted throughout the district generally. Compatibility with Surrounding Area — The CGD zoning district encompassed some remaining existing buildings as well as areas intended to redevelop. This building and the adjacent Existing Use Zoning Land Use Desi nation North Townhomes R -3, Residential Townhouse Medium Density South Apartments PD, Planned Development; R -4, Multiple Residential Special Area/High Density; High Density East Apartments R -4, Multiple Residential High Density West McDonald's Hwy. 13 Cedar Grove District Special Area /Retail Commercial EVALUATION OF REQUEST Proposal — The applicant is proposing a Laundromat for the southeast tenant space within this building. The submitted narrative indicates that the Cedar Grove area current lacks this service for "local residents needing to do their weekly laundry or to clean larger bulkier items such as comforters and rugs." City Code Requirements — The CGD zoning district is intended to be a mixed use district and lists many retail, commercial, service, residential and professional uses as permitted uses. The text of the CGD zoning ordinance provides for a Conditional Use Permit process for the City Council detennine whether a use that is not listed is "similar in purpose and character to other permitted and conditional uses in this district." The CUP process allows for a determination regarding the compatibility of a use not listed to be made specific to a particular property, while not making the use pennitted throughout the district generally. Compatibility with Surrounding Area — The CGD zoning district encompassed some remaining existing buildings as well as areas intended to redevelop. This building and the adjacent Planning Report — Silver Bell Center September 24, 2012 Page 4 McDonald's building are two such sites. McDonald's has been rebuilt and this building has undergone a substantial remodel since implementation of the CGD zoning district. The proposed laundromat use appears to be similar and compatible with the other retail and service uses that are listed in the CGD district and with this site specifically. The proximity to multiple residential uses to the south and east, location in an existing building with other retail commercial uses and services, and separation from the core of the Cedar Grove redevelopment area, support the appropriateness of a Laundromat use on the subject site. Site Plan — The proposed laundromat will be located in the southeast endcap tenant space, occupying approximately 2,300 s.£ No changes to the building footprint, exterior or site plan area proposed. Mechanical Equipment — Any new rooftop mechanical equipment should be screened in accordance with the requirements of City Code Sec. 11.70, Subd. 12 -D -12. Such equipment must be set back a minimum of 20 feet from the edge of the roof, located and entirely screened from public view and from the ground level of adjacent property and streets that are of equal grade with the subject building. Hours of Operation — Because this site is adjacent to residential uses, hours of operation should be restricted in accordance with City Code Sec. 11.70, Subd. 14, which limits the hours of operation for retail business, as well as restaurants and motor fuel stations, to between 7:00 a.m. and 1:00 a.m. Sewer Availability Charges - The applicant is responsible for any sewer availability charges resulting from the introduction of this use. All sewer availability charges shall be paid prior to the operation of the Laundromat. SUMMARY /CONCLUSION The applicant is proposing a Laundromat use in the existing multi- tenant retail center located at 1967 Silver Bell Road. The property is zoned CGD, Cedar Grove District, which does not list a Laundromat as an allowed use. The CGD district does provide for a CUP allowing the City Council to determine whether a use that is not listed is "similar in purpose and character to other permitted and conditional uses in this district." The CUP process allows for a deterinination to be made site specific. The proposed use appears to be similar and compatible with other retail commercial and service uses listed in the CGD zoning district and specifically for the subject site. ACTION TO BE CONSIDERED To recommend approval of a Laundromat use at 1967 Silver Bell Road. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. C-�� Planning Report— Silver Bell Center September 24, 2012 Page 5 2. Any new rooftop mechanical equipment shall be screened in accordance with the requirements of City Code Sec. 11.70, Subd. 12 -D -12. Such equipment must be set back a minimum of 20 feet from the edge of the roof, located and entirely screened from public view and from the ground level of adjacent property and streets that are of equal grade with the subject building. 3. Hours of operation shall be limited to between 7:00 a.m. and 1:00 a.m. in accordance with City Code provisions. 4. The applicant is responsible for any sewer availability charges resulting from the introduction of this use. All sewer availability charges shall be paid prior commencing the operation of the Laundromat. 5. A Sign Permit is required for any new signage and all signs shall be subject to City Code requirements. Mmsnmlyi I . LEO P m8 e Subject Site SILVER BELL ROAD W W _ Q I —L 0 500 Project Name: Shoppes of Cedar Grove Request: Conditional Use Permit Case No: 17- CU- 08 -08 -12 City of Eagan Feet 1,000 2,000 Legend Parcels Buildings Parks / VINCity Boundary l N 4DI. City of Eap Current Zoning and Land Use Map Application: Shoppes of Cedar Grove Type: Conditional Use Permit Case No.: 17- CU- 08 -08 -12 Zoning CGD Cedar Grove District Land Use Plan RC Retail Commercial N 0 300 600 1,200 imm Feet I -1 / R -3 r PD �3 S1P� m CGD Subject Site R -4 CG ■1►M C RC MIXED HD [3a R -4 M Subject Site I HD R -3 MD rr r {� � - � 3 \ £ ':'E•'�. t - � Vim:- - -- �i � �� �' �.r� � f, ��ryxi J .vll \q _� - s •; t }�_ i. ''. _.`� _` � �` - -:f f � .\'rte - 1 PA a fig.'# 5l, 1�'4P' ✓^1:. ._i ` -j_.� # - - $. T r, 1 r - RRY 'fit Rhi qqq s_ .si ..s �R,,�.•- rkRt �'1i t s,, _ s r �a c 4r r ` P ly NN s_ sS \ Y{ i t � z� 13-3 a� U- C) In CN O Lo N MV W O J O d m ti rn r \z 1� C--,) ICVD �F) C) LU I (L.D �W--x aft Mw —j W 6 -1 D W Z 8 -1 UJ LU IL w co Ul fin 1� C--,) ICVD �F) C) LU I (L.D �W--x aft ANDERSON PROPERTY MANAGEMENT 6205 Parkwood Road, Edina, MN 55436 Office (952) 931 -9538 Fax: (952) 945 -0074 Conditional Use Permit: Laundromat at Shoppes of Cedar Grove: Narrative The Shoppes of Cedar Grove is a neighborhood shopping center located at the intersection of Highway 13 and Silver Bell Road. Since the 1950's this area has had retailers serving the community by providing the necessary services to local residents. Current tenants at the center are New -Mart Gas & Grocery, Bubbles Cleaners, No Limits Hair Salon, Domino's Pizza, Kids Carousel, Cedar Grove Barbers, Cedar Grove Tailors, Mike's Shoe Repair, the Nail Spa, Betty's Cafe and Pies, Fox Ridge Printing, Subway, Anytime Fitness, and Hoban Restaurant. The proposed location for the Laundromat had been a liquor store and we believe bringing back a Laundromat to the area is a good fit for both the center and the community. Sarah's was Eagan's only Laundromat which has closed. This type of service is no longer available to local residents needing to do their weekly laundry or looking to clean larger bulkier items such as comforters and rugs, which a residential washer cannot handle. The shopping center is conveniently located near apartments and townhomes and has easy access to both Silver Bell Road and Highway 13. The proposed Laundromat location is at the end of the building that faces Silver Bell Road. Parking is available directly in front of the proposed bay and as this location is around the corner from the major orientation of the center, would be dedicated Laundromat parking (see attached aerial picture). New -Mart is next to the Laundromat to provide convenience items and the other food and retail services are easily accessible to customers while waiting for the laundry to finish. This property is known as Lot 1, Block 1, Silver Bell Addition. It is 6.49 acres zoned Retail Commercial and the building was built in 1979. The use of the property will not change with the addition of a laundromat; which if approved, would open in February 2013. This area currently falls under the Cedar Grove Special Area Plan and is a part of the Cedar Grove District. Neighboring land within 660 feet is being used for McDonald's restaurant, residential townhomes and three apartment complexes. Our operator is a 25 year resident in Eagan who currently is a tenant of ours with a Laundromat in Burnsville. He operates four upscale Laundromat facilities in the metro area and attached is his letter of introduction. }�F IBS August 14, 2012 City of Eagan To Whom It May Concern: I am writing to introduce ourselves as Steven and Deborah Machacek as a prospective owners / operators of a coin operated laundromat in the city of Eagan. I am currently working with several staff members at Anderson Property Manangement in hopes of securing a conditional use permit for a property located at 1981 Silver Bell Road, We have successfully built four laundromats, two in Burnsville, one in Chanhassen and our recent venture in Inver Grove Heights. We have been working in the arena for nearly ten years and feel we have built and maintained a high level of service within our business endevors. I welcome your staff to visit our website at www.twincitieslaundry.com and view our high standards we have within our facilities. I personally have lived in the city of Eagan since 1987 and currently reside at 1499 Pinetree Trail with my wife Deb and our four children who all attend district 196 schools. We strongly believe we would be a welcome addtion not only to the shopping center but also to the community as well. I would be more than happy to discuss any specific questions you may have and welcome any and all calls. I can be reached at 651 -335- 6621. I am excited about this opportunity and look forward to move on with the project. Regards, Steven Machacek 13(O Conditional Use Permit: Laundromat at Shopper of Cedar grove Summary Table Appplicant information: Applicant Owner Mailing Address Parcel Information: Zoning Use Property Address Parcel ID Number Parcel Description Total Area - Parcel Building SF Parking stalls Bluff Properties, LLC c/o Anderson Property Management, 6205 Parkwood Road, Edina, MN 55436 Retail Commercial 1967 - 1981 Silver Bell Road, Eagan, MN 55122 10- 68100 -01 -010 Lot 1, Block 1 Silver Bell Center Addition 6.49 Acres 39,920 255 Tenant Mix: A blend of neighborhood convenience retail services Current Tenants New -Mart Gas & Grocery, Bubbles Cleaners, No Limits Nair Salon, Domino's Pizza, Kids Carousel, Cedar Grove Barbers, Cedar Grove Tailors, Mike's Shoe Repair, The Nail Spa, Betty's Caf6 and Pies, Fox Ridge Printing, Subway, Anytime Fitness, Hoban Restaurant. 4 ?--)7 Agenda Information Memo October 2, 2012, Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENTS — TOWN LAKE MANAGEMENT ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) of a Planned Development Amendment to change the approved signage plan for property located at 2640 Eagan Woods Drive, subject to the conditions in the APC minutes. To approve (or direct Findings of Fact for Denial) of a Planned Development Amendment for the removal of the required monument feature upon property located at 2640 Eagan Woods Drive, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: The proposed PD Amendment to modify building signs reduces the number of signs on the South elevation from six to three, and establishes a new approved sign location above the main entrance doors. This amendment appears to maintain consistency with the City Sign Code and does not afford this building signage that would not otherwise be allowed. ➢ The second proposed PD Amendment also seeks to remove the monument feature from the Planned Development Agreement. The removal of the monument feature from the northwest corner of this intersection is a policy matter to be determined by City officials. ➢ The corner monument was envisioned in 1995 to establish a gateway into the office park to the west and provide a focal point from Pilot Knob Road. ➢ The office park to the west did not develop as the unified corporate campus envisioned in the mid- 1990's. ➢ When this site was amended from a hotel to an office use in 2005, the anticipated corner monument was incorporated into the existing PD Agreement. ➢ Holiday provided the opposing monument feature across the street in 2009. ➢ The APC held a public hearing on September 25, 2012 and recommended approval of both requests. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: October 14, 2012 ATTACHMENTS: (3) Location Map, page 139 Draft September 25, 2012 APC Meeting Minutes, pages IL40 through Iq\ Planning Staff Report, pages �H a through t _r>4 �3 INTERSTATE HWY. NO. 494 HIGHVIEW AVE LL —i L w iRIDGE AV w- CD Highview Park OAD Location . • Map Area Extent 0 Project Name: Eagan Professional Building Request: Planned Development Amendment Case No: 04- PA- 08 -08 -12 City of Eap 1 -59 FAIN Feet 500 1,000 2,000 Legend Parcels Buildings ANN Parks %Wlty Boundary ! N Advisory Planning Commission September 24, 2012 Page 5 of 9 C. Eagan Professional Building Applicant Name: Town Lake Mgmt. Location: 2640 Eagan Woods Drive; Lot 1, Block 1, Corporate Woods Application: Planned Development Amendment A Planned Development Amendment to change building signage plan. File Number: 04- PA- 08 -08 -12 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 19, 2012. She noted the background and histqN, There was discussion on the property being a gateway to the Member Piper asked why the required signage feature had Planner Dudziak explained that the building changed o�,rne and staff has been unsuccessful in getting the featuf� built. Member Vanderpoel stated that the location is still al be appropriate. She asked if it was a hardship to the The applicant, Mr. Gonzalo Medina, sta , here have been, with the party from whom they acquired t' ng and that trying to close. Mr. Medina stated the mo. # = - sign was sup- ed to be E office building being a'' om = z:. He stated at since tf the additional signag V ' _ a mon nt is no Ion needed. Chair Heaney opened the is There bei o p 1 c�ornen discussi. back to theommiss Me Woods, su constructed. p'shortly afte�fffil was completed monuments fdn would still e it. IF ber of performance issues Ls a gap that they are still It in the original plan with the building is not a condominium, closed the public hearing and turned the moved, Mere Filipiconded a motion to recommend approval of a Planned mendment change the signage plan for property located at 2640 Eagan :,the followi = q, conditions: 1. An Amendmen , ; e tinned Development Agreement shall be executed and recorded with the Dakota C Recorder's office within 90 days of approval. Proof of recording shall be provided tt' he City. The PD Amendment Agreement shall include the following exhibits: Building Signage Plan 2. The mechanical equipment shall be screened in accordance with City Code requirements. Such screening shall be accomplished by September 1, 2013. 3. Building address numbers should be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. All voted in favor. Motion carried 6 -0. `t4o Advisory Planning Commission September 24, 2012 Page 6 of 9 Member Filipi moved, Member Supina seconded a motion to recommend approval of a Planned Development Amendment to eliminate the required corner monument feature for property located at 2640 Eagan Woods Drive, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: • Landscape Plan After the motion and second, Member Piper stated concern that pr to ignore conditions in initial planned developments will be set. Member Supina stated he will vote against because the pro aspect and he agrees with Member Piper that the condition; not removed. aso Mr. Bauer stated the Planned Development Agreeeht runs doesr' hange the gateway )pro va Id be followed and the land, not t eer. Member Filipi stated the monuments were part of the c #< c > e campus design. He stated it was not intended to be a gateway to Eagan, but rather a ay to the corporate campus, and since the corporate campus did not co fruition, he wou Orecommending approval of the request. - -f5 Member Jansma stated the Holiday monum' nt is nor 44,+ t s not v:ipible for vehicles traveling y ,�F`4 from south to north. He stated his opinion tha dd yg the rifent sign on the north side of the intersection would no s a gateway t xe City bed ause it would not be visible to southbound traffic. A vote was taken. " Aye: Chair Heaney, Ja Nay Mot [LAl PLANNING REPORT CITY OF EAGAN REPORT DATE: September 20, 2012 APPLICANT: Town Lake Management PROPERTY OWNER: Brookings Associates, a North Dakota Partnership, 1801 Riverside, LLC and GMP II, LLC REQUEST: Planned Development Amendment LOCATION: 2640 Eagan Woods Drive COMPREHENSIVE PLAN: MO, Major Office ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 04- PA- 08 -08 -12 HEARING DATE: September 24, 2012 APPLICATION DATE: August 15, 2012 PREPARED BY: Pamela Dudziak The applicant is requesting approval of a Planned Development Amendment to change the approved signage plan and to eliminate the required monument feature for property located at 2640 Eagan Woods Drive, legally described as Lot 1, Block 1, Corporate Woods. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND /HISTORY This property was initially platted as an outlot with the Old Country Buffet (OCB) development in the mid- 1990s. The original intent of the OCB development was to "develop a campus where, in addition to their corporate offices, the employees can be trained at a training facility, be housed at the hotel, and operate their restaurant; all on one site." (OCB Staff Report, April 25, 1995) In Ha Planning Report — Eagan Professional Building September 24, 2012 Paize 2 keeping with that plan, the outlot south of Buffet Way was designated for a restaurant use, and the outlot north of Buffet Way (the subject site) was designated for a hotel. These uses did not develop and OCB sold both of the outlots in the early 2000's. Prime Therapeutics occupied the office building to the west earlier this year, after OCB vacated the building in 2009. Two vacant parcels in the Eagan Woods office park remain undeveloped, to the north and west of the subject site. In 2005, Manley Land Development acquired the subject site and amended the Planned Development to permit a two -story office building. The property was developed and the two -story office building constructed in 2006 pursuant to a Planned Development Agreement. The Final Planned Development Agreement includes exhibits for landscaping, signage, building elevations and monumentation. EXISTING CONDITIONS A two -story office building is located on the northern portion of the site. The building includes underground parking. Access to the site is from Eagan Woods Drive to the west. A surface parking lot occupies the southern half of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The applicant is proposing three business identification signs rather than six on the south building elevation, and requesting that the corner monument be deleted from the Planned Development Agreement. Building Signage — When it was constructed in 2006, the building was intended to be office condominiums and the building signage plan was designed for six occupants. As such, the building sign plan anticipated two business signs on the upper corners on the south elevation, and four signs placed on the lower brick portion of the building for a total of six building signs on the south elevation. One additional building sign is permitted on both the east and west elevations. Fewer than the anticipated six tenants currently lease and occupy space in the building. The building is owned by a separate single entity. Two of the tenants have signs in locations on the t q"J Existin Use Zoning Land Use Designation North Vacant PD, Planned Development MO, Major Office East Pilot Knob Road; Hotel PD, Planned Development MO, Major Office South Holiday fael station/ convenience store PD, Planned Development RC, Retail Commercial West Office; vacant PD, Planned Development MO, Major Office EVALUATION OF REQUEST Proposal — The applicant is proposing three business identification signs rather than six on the south building elevation, and requesting that the corner monument be deleted from the Planned Development Agreement. Building Signage — When it was constructed in 2006, the building was intended to be office condominiums and the building signage plan was designed for six occupants. As such, the building sign plan anticipated two business signs on the upper corners on the south elevation, and four signs placed on the lower brick portion of the building for a total of six building signs on the south elevation. One additional building sign is permitted on both the east and west elevations. Fewer than the anticipated six tenants currently lease and occupy space in the building. The building is owned by a separate single entity. Two of the tenants have signs in locations on the t q"J Planning Report — Eagan Professional Building September 24, 2012 south elevation that are consistent with the Final Planned Development Agreement. Another business sign is proposed for a third tenant, which would be placed in the EIFS area above the main entrance to the building. This proposed sign location differs from the Final PD Agreement. The proposed PD Amendment modifies the building signage plan to allow this third sign above the main entrance, and eliminate the four signs on the lower brick portion of the building. As a result, the number of signs on the south elevation would be reduced from 6 to 3. East and west elevation signage would remain the same, and there is no change to the allowed signage area, which continues to be subject to City Code standards. signage. The existing situation lot screening and visual interest. Monument —The 1995 OCB Planned Development intended to provide a "focal point and sense of arrival to the corporate campus at the intersection of [Buffet Way] and Pilot Knob Road." As the first main intersection south of I -494, this location is a gateway to Eagan. The 2005 Final PD Agreement for the subject site included a landscaped entrance feature which was intended to fiilfill this purpose, but has not been built. The proposed corner monument consisted of a decorative iron fence with precast concrete support pillars and a brick backdrop for the development on this corner is an area largely devoid of landscaping, parking As a result of the proposed modifications to the building signage, staff raised the question regarding installation of the corner monument with the applicant. In response, the applicant requested to remove the monument from this Planned Development. The conditions in the mid -1990s that warranted such a feature may no longer exist. However, the development of the Holiday Station store on the southwest corner did incorporate a monument and fence feature in keeping with the original plans. While this area is situated at the first intersection south of I -494 and is a gateway to the City, the larger office park area west of Pilot Knob Road did not develop as a unified corporate campus. The removal of the monument feature from the northwest corner of this intersection is a policy matter to be detennined by City officials. Should M Planning Report — Eagan Professional Building September 24, 2012 Paae 4 City officials determine the monument feature can be eliminated, a revised landscape plan should be submitted and implemented. Mechanical Equipment — Rooftop equipment was not shown on the building elevation plans prior to construction. City Code requires that rooftop equipment be screened. The mechanical equipment on this building is visible from off the property and should be screened in accordance with City Code requirements. The applicant has indicated a willingness to accomplish this, with a completion date by September 1, 2013, to allow time to plan and budget for the work. Building Address Numbers — Building address numbers should be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. SUMMARY /CONCLUSION The applicant is requesting approval of a Planned Development Amendment to change the signage plan for property located at 2640 Eagan Woods Drive. The proposed amendment to building signs reduces the number of signs on the south elevation from six to three, and establishes a new approved sign location above the main entrance doors. The proposed building signage appears to maintain consistency with the City Sign Code and does not afford this building signage that would not otherwise be allowed. The proposed third building sign exhibits a consistent design with the two existing building signs, and the proposed placement on the building results in an aesthetically pleasing appearance. The other proposed amendment seeks to remove the monument feature from the Planned Development Agreement. Holiday provided the opposing monument feature across the street in 2009. The corner monument was envisioned in 1995 to establish a gateway into the office park to the west and provide a focal point at this gateway to the City. The removal of the monument feature from the northwest corner of this intersection is a policy matter to be determined by City officials. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to change the signage plan for property located at 2640 Eagan Woods. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: ® Building Signage Plan X145 P1arming Report — Eagan Professional Building September 24, 2012 Page 5 2. The mechanical equipment shall be screened in accordance with City Code requirements. Such screening shall be accomplished by September 1, 2013. Building address numbers should be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. To recommend approval of a Planned Development Amendment to eliminate the required corner monument feature for property located at 2640 Eagan Woods Drive. If approved, the following conditions shall apply: An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: • Landscape Plan \L� �.0 Locati ®n Map i r LL LL Highview Park WE i Subject Site CENT. RP RAT F_� 0 500 Project Name: Eagan Professional Building Request: Planned Development Amendment Case No: 04- PA- 08 -08 -12 City of Eaph � LA V-1 1 !I ountr "Home•Park Feet 1,000 2,000 Legend Parcels Buildings Parks City Boundary N lft am Current Zoning and Land Use Map City of Eap Application: Eagan Professional Building Type: Planned Development Amendment Case No.: 04- PA- 08 -08 -12 Zoning PD Planned Development District Land Use Plan MO Major Office l� N 0 300 600 1,200 = Feet HWY. NO. 494 P Subject Site PD - PD 1 -1 GU HAIL G I C RP. DR. PD 0 !,BPD M -- O T � - -I -1- P � PD NB d I I R -1 _ { - "f -R =9- RA RD WY. NO. 494 IND Subject Site MO MO - F -IND MO \ C CENT RC MO O c Y -IN D _ REC O MO LDS — LF�L- �--iD ID BP I. F ! y J � -x I all. rK F ' ..y �} 1••.r. Sri} i 6 � abi a cr 't r! i'�R t�.0 � 4 r4raF3z } ! 5 t Y NN 3 s t, 1, IN- �-- --; 'r;. I �i LO � '' s � -,er � �, �' ♦ e��. ,,,. 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N A N t0 z 0 a 0- U W d J � ! LLti I I LL p ! M j z WW p > W W •-} ui d' K p d Z Z z d W I j Ud I W I I 6 K w ! FN �De d ryn z° O w j N'O X I I J + d I j LL LLl d I OZ Y I N ODZ m i DR 14 1 ° LP ° 7 , 611' PF 12 3 ' HR .. C H 2 B 7 D — r1 2 OD 01 LCH T - -T k 0 - 0 Y E G R TYP. 9 S owmoU D SPI EA g _ 1 DL AB = : -_ _ _ __ ___ ___ ____ ` 72 S f o NT r I- g = � BUFFET �A Y 2005 LANDSCAPE PLAN (CORNER) 0 - 0 Y E G R TYP. 9 S owmoU D SPI EA g _ 1 DL AB = : -_ _ _ __ ___ ___ ____ ` 72 S f o NT r I- g = � BUFFET �A Y 2005 LANDSCAPE PLAN (CORNER) TOWN LAKE MANAGEMENT, LLC 3120 Woodbury Drive, Suite 100 Woodbury, MN 55125 August 14, 2012 RE: Building Signage Approval for Holborn At Eagan Professional Building PID No. 10 18250 01 010 To Whom It May Concern: Eagan Professional Building, located at 2640 Eagan Woods Drive, would like to add the tenant name of `HOLBORN" to be added to the EIFS area above the main doors of the building as shown on the attached drawings. The City has stated that an Amendment to the Planned Development Agreement is required to amend the signage plan. There is no impact to the surrounding properties or to the City by adding this signage. Please find attached the following documents with regard to getting this signage approved: - Development Application - Application Fee of $250.00 - Escrow Deposit Fees of $1,500.00 - Escrow Deposit Agreement - Site Plan - Building Elevations - Two copies of sign plans for new signage for Holborn (large & small) - Two copies of existing signage on front of building (large & small) - List of property owners and labels are being sent from Dakota Title directly to the City of Eagan. If you have any questions or need additional information, please do not hesitate to contact me at 651- 735 -2877. Best regards, 11�0— P77 / r Tamra I. Medina Town Lake Management, LLC 3120 Woodbury Drive, Suite 100 Woodbury, MN 55125 651- 725 -2830 Off 651- 735 -2887 Fax tammy@townlakere.com ECE-N. ED AUG 1 'S 2012 Pam Dudziak From: Tammy Medina [tammy @townlakere.com] Sent: Tuesday, September 18, 2012 11:23 AM To: Pam Dudziak Cc: 'Gonzalo Medina' Subject: Eagan Professional Building Hi Pam, As we discussed on the phone and In reference to your letter dated August 24, 2012, regarding 2640 Eagan Woods Drive, Eagan Professional Building, you outlined two items to be addressed as follows: 1. The monument at the SE corner of the site that was part of the original PUD. Please be advised that the owners will not be constructing this monument sign and we hereby amend our proposal to remove the monument from the Final PC. 2. Rooftop mechanical equipment to be screened. The owners have agreed that they will screen the rooftop equipment in accordance with City Code; however, they would like to request that they be given until September 1, 2013 to complete this. Please let me know if you need anything further from me or from the owners in addressing these issues. Best regards, Tammy Medina Tamra I. Medina President /Broker Town Lake Real Estate, Inc. 3120 Woodbury Drive, Suite 100 Woodbury, MN 55129 651- 735 -2877 Office 651- 735 -2887 Fax 651 -592 -7909 Cell tammy(ctownlakere. com Agenda Information Memo October 2, 2012, Eagan City Council Meeting D. CONDITIONAL USE PERMIT AND VARIANCE — DAKOTA COUNTY PARKS ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to amend the Comprehensive Sign Agreement for Lebanon Hills Regional Park to include an additional eight signs for properties located at 1350 Carriage Hills Drive, 800 120th Street, 4801 Johnny Cake Ridge Road, 860 Cliff Road, and the intersection of Galaxie Avenue /Safari Trail, subject to the conditions listed in the APC minutes. To approve (OR direct preparation of Findings of Fact for Denial) a Variance to the height of the sign face for seven signs within Lebanon Hills Regional Park for properties located at 1350 Carriage Hills Drive, 800 120th Street, 4801 Johnny Cake Ridge Road, 860 Cliff Road, and the intersection of Galaxie Avenue /Safari Trail, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ Lebanon Hills Regional Park consists of approximately 2,000 acres and is located in the cities of Eagan and Apple Valley. ➢ An overall Sign Agreement was approved in 2010 to allow six signs, including a Variance for two signs that exceeded the maximum sign face height requirement. ➢ Dakota County Parks has moved into Phase II of their overall update /enhancement of park system signage. This includes working with 14 separate local government units. ➢ The applicant proposes 8 signs (3 monuments and 5 kiosks). ➢ Seven of the signs require a Variance due to the height of the sign face (> 4'). ➢ The applicants stated practical difficulty pertains to the need to provide adequate visibility and to develop and maintain a consistent system -wide design for County park signage. ➢ The Advisory Planning Commission held a Public Hearing on September 24, 2012, and is recommending approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Deadline expires October 14, 2012 ATTACHMENTS: (4) Location map on page I Draft September 24, 2012, APC minutes on page Planning Staff Report on pages I(a[ through E -mail correspondence on page IBL G59 Advisory Planning Commission September 24, 2012 Page 7 of 9 D. Dakota County Parks Applicant Name: Dakota County Parks Location: Lebanon Park Application: Conditional Use Permit A Conditional Use Permit to amend the comprehensive sign package. File Number: 34- CU- 10 -08 -12 Application: Variance Variances to allow monument signs and kiosks that exceed size requirements. File Number: 34- VA- 08 -08 -12 ,. Planner Thomas introduced this item and highlighted the infoi report dated September 18, 2012. She noted the background Member Piper discussed the email received from Tom lighting, locked gate, green space, and the southbounc no lights and the other concerns are not to be addresh He further explained what he viewed as an exceptiNG justification for the Variance as a need for the visibility; consistency of design. Chair Heaney opened the public heari in the City Staff Arn dof expres$irtg concerns for nto Sherwood He stated there are d by the Advisory Plan% -n Commission. circum nce in regards o tee fi the sigae within the park versus the There being no public comment, Chair He 'ne bided the public fig and turned the F x << discussion back to the Commission. Member Piper moved, M�� �e �S pina secon ' - _ motion tot "ecommend approval of a Conditional Use Perm, ame he Compre, -nsive SigrAgreement for Lebanon Hills Regional Park to inctAte an addit I eight sign ocated at 1350 Carriage Hills Drive, 800 120`h Street, 4801 Jo ny Cake R $ge Road, 860 Road, and the intersection of Galaxie Avenue /Safari Trail; within teLe s Rey al Park, subject to the following conditions: 1. The Cot-01111'611-41 ermit fZa I be recorded with Dakota County within 60 days of the date of oval and prod its re _ = i g be provided to the City. 2. TT h licant shall mo >y the S r reement in a form acceptable to the City Attorney. 3. he :9 shall be loca s per a overall Sign Plan received September 6, 2012. 4. A sign t for each sikshall be obtained prior to installation. 5. All signag all meet 7-not etback requirements. 6. The signs s 1 comply all other applicable Zoning Ordinance provisions. 7. The proposed si , s exceed 7' in height. 8. Landscaping sha - estored to the current condition by June 1, 2013. After the motion and second, Member Vanderpoel stated she is an employee of Dakota County however is not part of the Park or Communications departments and therefore has no conflict of interest in this matter. Member Supina stated he serves on the Dakota County Planning Commission however there is no conflict of interest in this matter. Member Jansma stated he also serves on the Dakota County Planning Commission however there is no conflict of interest in this matter. \S, I Advisory Planning Commission September 24, 2012 Page 8 of 9 All voted in favor. Motion carried 6 -0. Member Piper moved, Member Supina seconded a motion to recommend approval of a Variance to allow an increase to the sign face height for seven signs located at 1350 Carriage Hills Drive, 800 120th Street, 4801 Johnny Cake Ridge Road, 860 Cliff Road, and the intersection of Galaxie Avenue /Safari Trail; within the Lebanon Hills Regional Park, subject to the following conditions: If within one year after approval, the variance shall not have shall become null and void unless a petition for extension ha Such extension shall be requested in writing at least 30 state facts showing a good faith attempt to complete variance. 2. The Applicant shall amend the Sign Agreement in a :K a 3. The signs shall be located as per the overall Sign . an rec 4. A sign permit for each sign shall be obtained p 5: to install 5. All signage shall meet sign setback requireme 6. The signs shall comply with all other applicable Z Or( 7. The overall sign face shall not exceed 5'11" in heigh . 8. Landscaping shall be restored to the .,current condition All voted in favor. Motion carried 6 -0. ��0'o eptable ed Sep on. mpleted or utilized, it 'anted by the council. expiration and shall use permitted in the the City Attorney. J, 6.2012. provisions 1, 2013. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 18, 2012 APPLICANT: Dakota County PROPERTY OWNER: Same REQUEST: Conditional Use Permit; Variance LOCATION: Lebanon Hills Regional Park CASE: 34- CU- 10 -08 -12 34- VA- 08 -08 -12 HEARING DATE: September 24, 2012 APPLICATION DATE: August 15, 2012 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: P, Park and Recreational Open Space ZONING: P, Park SUMMARY OF REQUEST The applicant is requesting approval of: • Conditional Use Permit to amend the Comprehensive Sign Agreement for Lebanon Hills Regional Park to include an additional eight signs; and • Variance to height of sign face on seven signs. The above requests pertain to the properties located at 1350 Carriage Hills Drive, 800 120th Street, 4801 Johnny Cake Ridge Road, 860 Cliff Road, and the intersection of Galaxie Avenue /Safari Trail; within the Lebanon Hills Regional Park. 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. �LD� Planning Report — Lebanon Hills Sign Agreement September 24, 2012 Page 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fames, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. U DI Planning Report — Lebanon Hills Sign Agreement September 24, 2012 Page 3 c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." BACKGROUND/HISTORY According to the Dakota County website, "Lebanon Hills Regional Park is the largest park in the Dakota County park system. Containing almost 2,000 acres, the park offers miles of trails and many lakes for year -round outdoor sports, recreation and environmental education." The park is located within the City of Eagan and the City of Apple Valley. Dakota County has been in the process of creating continuity within the entire Parks system. According to the applicant's narrative, "Dakota County Parks has installed 41 new entrance, directional and kiosk signs throughout the county, six of which were within the City of Eagan. The signs were placed in eight municipalities (Apple Valley, Inver Grove Heights, Rosemount, West St. Paul, Nininger Township, Randolph Township and Mendota Heights) within Dakota County each with their own set of ordinances and requirements." The City of Eagan approved a Sign Agreement for Lebanon Hills Regional Park in 2010. The Sign Agreement was designed to be similar to the Town Centre Eagan Pylon Sign Agreement. The Agreement limits the overall number of signs and specifies the approved locations via the overall Sign Plan. In doing so with the Town Centre Pylon Sign Agreement, the City granted variances by means of the Agreement to the sign locations. Such variances include spacing between pylon signs, square footage and height of signs. �Wb Planning Report — Lebanon Hills Sign Agreement September 24, 2012 Pap-e 4 The 2010 Lebanon Hills Regional Park Sign Agreement approved four pylon signs and two freestanding signs that have an overall face height which exceed the City Code requirement of four feet. New signs at the Lebanon Hills Visitor Center and entrances to Jensen Lake Park and Holland Lake Park replaced the wood routered signs. EXISTING CONDITIONS The subject site consists of multiple unplatted parcels; thus the reason an overall sign plan was created. SURROUNDING USES Lebanon Hills Regional Park is primarily surrounded by properties zoned residential single (R- 1), agricultural (A) and planned development (PD) and developed with single family residential homes. EVALUATION OF REQUEST Sian Ordinance Requirements — Freestanding ground signs are limited to 7 ft. total height, with 4 ft. maximum height of sign area. Proposed Signs — The applicant is proposing to erect eight signs within the City of Eagan borders of Lebanon Hills Regional Park. The signs vary in type by monument and informational kiosks. All sign installation and site restoration is expected to be complete by April 30, 2013. Three monument signs and five informational kiosk signs are included with the CUP request. All but the monument sign at the Visitor Center have a sign face height greater than the allowable 4 ft. height requirement allowed by City Code. The monument signs located at the Equestrian Trailhead (800 1201h St.) and West Trailhead (4801 Johnny Cake Ridge Road) will be visible from public- right -of way as they will have a setback of 40 ft- 45 ft. The remaining monument and kiosks are located internal to the park and will not be visible from the public streets adjacent to the site. Monument -Three new signs are proposed for the following locations: • Visitor Center (860 Cliff Road) — Directions to beach/visitors center o Overall height 4'10.5" Face height 3'10.5" (No Variance) • Equestrian Trailhead (800 120th St.) — Location of trailhead o Overall height 6'11 " Face height 5'11 " • West Trailhead (4801 Johnny Cake Ridge Road) — Mountain bike trailhead o Overall height 6'11" Face height 5'7" \ (Qq- Planning Report — Lebanon Hills Sign Agreement September 24, 2012 Page 5 Kiosk — Five new signs are proposed for the following locations: • Visitor Center (860 Cliff Road) — Recreational options within area o Overall height 7' Face height 5' • Schulze Lake Beach (860 Cliff Road) — Recreational options /beach rules o Overall height 7' Face height 5' • Equestrian Trailhead (800 120t' St.) — Recreational options, trail network, rules and regulations o Overall height 7' Face height 5' • Jensen Lake Trailhead (1350 Carriage Hills Dr.) — Recreational options within area o Overall height 7' Face height 5' West Trailhead (Galaxie Ave. /Safari Trail) — Recreational options, trail network, rules and regulations o Overall height 7' Face height 5' APPLICANT'S ESTIMATE OF HARDSHIP The applicant submitted a narrative explaining the CUP and Variance request. The proposed sign design/height is "so a consistent design standard can be maintained county park system wide. The Dakota County standard signage design has heights which is greater than the allowable sign face height of 4' within the City of Eagan Signage Code. The intent here is to provide for public safety by creating a consistent and recognizable signage system..." SUMMARY /CONCLUSION The applicant is requesting a Conditional Use Permit to amend the Sign Agreement to allow eight additional signs installed on five parcels within Lebanon Hills Regional Park. A Variance to increase the overall sign face height of seven signs is part of the request. The majority of the proposed signs are internal and thus different than the traditional commercial signs erected throughout the city. The proposed signs would be in character with the other signs within Dakota County parks. According to the applicant, the proposed signage is intended to provide a consistent and recognizable signage system which identifies the Dakota County Parks County wide and provide a large enough platform to represent all pertinent information, maps and regulations for park users of the. ACTIONS TO BE CONSIDERED To recommend approval of a Conditional Use Permit to amend the Comprehensive Sign Agreement for Lebanon Hills Regional Park to include an additional eight signs located at 1350 Carriage Hills Drive, 800 120th Street, 4801 Johnny Cake Ridge Road, 860 Cliff Road, and the intersection of Galaxie Avenue /Safari Trail; within the Lebanon Hills Regional Park. If approved the following conditions shall apply: \ (.Q ':� Planning Report — Lebanon Hills Sign Agreement September 24, 2012 Page 6 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The Applicant shall modify the Sign Agreement in a form acceptable to the City Attorney. 3. The signs shall be located as per the overall Sign Plan received September 6, 2012. 4. A sign permit for each sign shall be obtained prior to installation. 5. All signage shall meet sign setback requirements. 6. The signs shall comply with all other applicable Zoning Ordinance provisions. 7. The proposed signs shall not exceed 7' in height. 8. Landscaping shall be restored to the current condition by June 1, 2013. To recommend approval of a Variance to allow an increase to the sign face height for seven signs located at 1350 Carriage Hills Drive, 800 1201h Street, 4801 Johnny Cake Ridge Road, 860 Cliff Road, and the intersection of Galaxie Avenue /Safari Trail; within the Lebanon Hills Regional Park- If approved the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Applicant shall amend the Sign Agreement in a form acceptable to the City Attorney. 3. The signs shall be located as per the overall Sign Plan received September 6, 2012. 4. A sign permit for each sign shall be obtained prior to installation. 5. All signage shall meet sign setback requirements. 6. The signs shall comply with all other applicable Zoning Ordinance provisions. 7. The overall sign face shall not exceed 5'11" in height. 8. 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If ii r x•T�F _� r f kri mc�n„ iy "V� �• }f } � R- v r •F� i t T •' l tr Y I ; .► k i lx q Y l t 1) I .. — nn t T •' l tr Y r. ti ti 4 q Y s nn 4 t a i - + t r. ti ti s at q Y nn 40 c• �'�'i �; '�! s, is i0 t,` 3 cc 1 ON 1 �e WIYARL 1 f IVI Q: t � F J Y ji ,x � l •iii i -��' i1 �i t fl � t Jj F l g7 - i2 } jit tf i Q) 5 _ NARRATIVt • RECEIVED SEP 0 6 201Z Conditional Use PermitNariance Request Physical Development Division Lynn Thompson, Director Dakota County Parks is seeking a conditional use permit to include a variance for sign face height for eight (8) new monument entrance and Dakota County Western Service Center directional (monuments which speak to the park facility activity 14955 Galaxie Avenue concentration or to the park features to the left and right of the signs) and Apple Valley, MN 55124 informational kiosks to be installed in Lebanon Hills Regional Park. The 952- 891 -7000 varied locations for each sign are as follows in the order the applications Fax akota 1-7031 www.dakotawunry.us were ordered per our meeting August 30th 2012. As noted all eight 8 P g g g ( ) signs need a variance due to the overall sign face height being greater than Environmental Mgmt Dept Office of GIS four (4) feet. Parks & Open Space Department Surveyor's Office Transit Office 1. The proposed sign from this application numbered 41 is to be installed Transportation Department at the Lebanon Hills Visitor Center 860 Cliff Road. This sign is a Water Resources Department monument sign which will alert park visitors to the choice of north and south lot recreational activities, mainly beach and visitors center. The sign has an overall height of 4' 10.5" which is greater than the allowable four (4) feet. 2. The proposed sign from this application numbered #2 is to be installed at the Lebanon Hills Regional Park Equestrian Trail head 800 120th St. This sign is a monument sign which will alert park visitors to the location of the Equestrian Trailhead, a small informal gravel surface parking lot off of 1201h St. The sign has an overall height of 6' 11" which is greater than the allowable four (4) feet. 3. The proposed sign from this application numbered 43 is to be installed at the Lebanon Hills Regional Park West (formerly Mountain Bike) trailhead parking lot 4801 Johnny Cake Ridge Rd. This sign is a monument sign which will alert park visitors to the location of the West (Mountain Bike) Trailhead off of Johnny Cake Ridge Road. The sign has an overall height of 6' 11 "inches which is greater than the allowable four (4) feet. 4. The proposed sign from this application numbered #4 is to be installed at the Lebanon Hills Regional Park Visitor Center parking lot turn around area 860 Cliff Road. This sign is an informational kiosk sign which will allow park visitors to get a sense of the recreational options within this area of the park. The sign has an overall height of 7' 0" inches which is greater than the allowable four (4) feet. The proposed sign from this application numbered #5 is to be installed at the Lebanon Hills Regional Park Schulze Lake Beach area within the Visitor Center Campus at 860 Cliff Road. This sign is an informational kiosk sign which will allow park visitors to get a sense of the recreational options within this area of the park and the rules associate with the use of the beach. The sign has an overall height of 7' 0" inches which is greater than the allowable four (4) feet. The proposed sign from this application numbered #6 is to be installed at the Lebanon Hills Regional Park Equestrian Trailhead parking lot area at 800 120th St. W. This sign is an informational kiosk sign which will allow park visitors to get a sense of the recreational options within this area of the park, the equestrian trail network, and the rules and regulations for use of the equestrian facilities. The sign has an overall height of 7' 0" inches which is greater than the allowable four (4) feet. 7. The proposed sign from this application numbered #7 is to be installed at the Lebanon Hills Regional Park Jensen Lake Trailhead northern trail segment area at 1350 Carriage Hills Dr. This sign is an informational kiosk sign which will allow park visitors to get a sense of the recreational options within this area of the park. The sign has an overall height of 7' 0" inches which is greater than the allowable four (4) feet. The proposed sign from this application numbered #8 is to be installed at the Lebanon Hills Regional Park West Trailhead mountain bike trail network Galaxie Ave. /Safari Tr. access to the west of the park. This sign is an informational kiosk sign which will allow park visitors to get a sense of the recreational options, trial network, rules and regulations within this area of the park. The sign has an overall height of 7' 0" inches which is greater than the allowable four (4) feet. The eight (8) signs will be installed on five (5) parcels (100350075010, 100320075010, 100350001010, 100320052010 and 100340074010) which are located completely within the boundaries of Lebanon Hills Regional Park thus having a zoning classification of Parks, and the use is considered to be Parks and Recreational Open Space. The adjoining properties have a zoning classification of, Resisential -1, Planned Development or Agriculture. The use for these parcels is Low Density housing. The existing wood, entrance signs, directional sign and kiosks will be permanently removed from their current location and replaced with the proposed signs if granted the approval of this request. After installation the sign site locations will then be restored to their previous landscaping condition which is turf or a native prairie grass seed mix. The sign installation and site restoration is preferred to be completed by April 30th 2012. n Background: In 2002 Dakota County Parks with the assistance of the design consultant, Parsons, created a Parks System Signage and Landscape Elements manual with the intentions of establishing design continuity within the Dakota County Parks. In 2009 Dakota County secured a contract with Geograph Industries to create a standard signage design. Dakota County parks along with Geograph Industries fabricated and installed 41 new entrance signs, directional signs and kiosks throughout the entire Dakota County Parks System. The signs and kiosks were installed in eight (8) different municipalities within Dakota County, all having varying sign ordinances and requirements. Dakota County Parks was granted sign permits using this signage design in Apple Valley, Inver Grove Heights, Rosemount, West St. Paul, Nininger Township, Randolph Township and Mendota Heights. In 2010 Dakota County was granted a variance and conditional use permit as part of a comprehensive signage package from the City of Eagan to install the signs proposed in phase one of the Dakota County Sign Initiative. Recently Dakota County has secured a contract with Geograph Industries to fabricate and install and additional eight (8) monument /directional and kiosk type signs. Rational of Practical Difficulty: Respectfiilly Dakota County Parks is requesting a variance be granted so a consistent design standard can be maintained county parks system wide. The Dakota County standard signage design has heights which is greater than the allowable sign face height of 4' within the City of Eagan Signage Code. The intent here is to provide for public safety by creating a consistent and recognizable signage system which identifies the Dakota County Parks County wide and provide a large enough platform to represent all pertinent information, maps and regulations for park users within the system. w *j Sarah Thomas From: Mike Ridley Sent: Monday, September 24, 2012 4:15 PM To: Sarah Thomas Cc: Julie Strid Subject: FW: Tonights Planning Commision Meeting Importance: High Wal From: Tom Ladendorf [mailto:tom @ladendorfs.com] Sent: Monday, September 24, 2012 1:17 PM To: planning Subject: Tonights Planning Commision Meeting Importance: High Good Afternoon All I cannot make tonight's meeting and would like to share a couple of concerns regarding 4801 Johnny Cake Ridge Road My address is 4829 Shevlin Ct and live directly across the street from the park My concerns 1. The parking lights /building lights. - I don't feel the lights should stay on until 10 pm. Bikers are instructed to not use the course after dusk because in the woods it gets darker faster. A couple of years ago we had helicopters flying over our house at 11pm because a police officer, mother and child were lost in the woods. I feel the lights should turn off a 1/2 hour after sunset, our days are getting shorter, lights will be on longer and costing us more money. As you travel down Johnny Cake towards the park you think a convenience store is on the right because the lights are so bright 2. The old location had a gate that would be locked every night and opened up every morning - looks like no gate will be installed? Because police officers do not patrol this street very often I feel that kids will find a new make out location like they do at the Apple Valley Zoo school down the road. 3. Greens pace - with the new building we have lost a lot of the green space along the road. The parking lot now has cars headlights shinning into my house when they are leaving at night. Yes we have tall pine trees but they are thinning out and feel I will need to install a wood fence to keep the lights from shinning into my house 4. Southbound turn onto Sherwood - with the new park we lost at least 50 feet of left hand turning lane into Sherwood (Brittany Estates). when you are traveling at 45 miles per hour and winter coming I worry about the decrease in the distance I have to stop and turn left into our development Thank you Tom Ladendorf 612 - 245 -6221 tom@ladendorfs.com �T Agenda Information Memo October 2, 2012 Eagan City Council Meeting VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. APPROVE CORRESPONDENCE TO THE METROPOLITAN AIRPORTS COMMISSION WITH COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT ON THE MSP LONG TERM COMPREHENSIVE PLAN ACTION TO BE CONSIDERED: To approve correspondence to the Metropolitan Airports Commission with comments on the Environmental Assessment for the MSP Long Term Comprehensive Plan. FACTS: • The Metropolitan Airports Commission (MAC) recently completed a draft Environmental Assessment (EA) on their proposed Long Term Comprehensive Plan, which anticipates development needs at the airport, as well as predicts future passenger and operations levels. • Representatives of the MAC attended an Airport Relations Commission (ARC) meeting last year to highlight the development anticipated through 2020 at MSP. The improvements proposed are primarily to the terminals, parking /drop off areas, and roadway improvements. • There are no proposals for new or expanded runways, and there are no increases to the noise contours in Eagan as a result of the proposed development. • Enclosed is proposed correspondence to the MAC, as recommended by the Airport Relations Commission at their September 27, 2012 meeting. • The comments seek to strike a balance between protecting residents from noise impacts, while also supporting development and reinvestment at MSP Airport. ATTACHMENTS: (1) • Enclosed on pages � 3 and (B4 is the proposed correspondence to the Metropolitan Airports Commission with comments on the EA for the 2020 MSP Long Term Comprehensive Plan. • Albbih- 71, City of Ea11�n Mike Maguire October 2, 2012 Mayor j MSP 2020 Improvements Draft EA /EAW File Paul Bakken C/O Roy Fuhrmatm — Vice President of Management and Operations Cyndee Fields Metropolitan Airports Commission Gary Hansen 6040 — 28th Avenue South Meg Tilley Minneapolis, MN 55450 -2799 Council Members such, the City requests that that the final EA /EAW include an analysis of these The Lone Oak Tree new procedures so that all impacted communities will understand whether and how noise will shift from one area to another. The symbol of strength and growth in our community. Dear Mr. Fuhrmann: Thomas Hedges City Administrator Thank you for the opportunity to review and comment on the Minneapolis -St. Paul International Airport's 2020 Improvement Plan Draft Environmental Assessment (EA) /Environmental Assessment Worksheet (EAW). The City of Eagan supports the Metropolitan Airports Commission's (MAC) ongoing commitment to reinvest in the airport, as MSP serves as a valuable asset to the Twin Cities metropolitan area, and the Municipal Center State of Minnesota as a whole. 3830 Pilot Knob Road Eagan, MN 55122-1810 j Per the recommendation of the Eagan Airport Relations Commission and the approval of 651.675.5000 phone the Eagan City Council, the City of Eagan offers the following comments to the EA: 651.675.5012 fax On January 18, 2012, the Noise Oversight Committee voted to recommend that 651.454.8535 TDD "noise mitigation in the draft MSP 2020 Improvements EA/EAW be provided in a mariner consistent with the provisions of the consent decree, offering the same Maintenance Facility . mitigation, per noise impact level, with eligibility defined by the 2020 alternative 3501 Coachman Point 2 — airlines relocate DNL noise contours, begirming when the threshold of Eagan, MN 55122 484,897 total operations is reached or in the year 2020, whichever comes first." 651.675.5300 phone The City of Eagan supported this action and urges the MAC to abide by this 651.675.5360 fax recommendation in the final EA /EAW. 651.454.8535 TDD ® It is our understanding that the EA /EAW was completed before the impacts of the proposed Performance Based Navigation (PBN) procedures were known. While www.cityofeagan.com the recent noise analysis conducted on the proposed PBN tracks shows a decrease in the number of units and population in the 60+ DNL contours, there will be noise impacts from these new tracks in areas outside of the defined contours. As such, the City requests that that the final EA /EAW include an analysis of these The Lone Oak Tree new procedures so that all impacted communities will understand whether and how noise will shift from one area to another. The symbol of strength and growth in our community. As operations are forecasted and runway use is determined, the City maintains its long - standing request that the Runway Use System be adhered to by concentrating operations in the Eagan/Mendota Heights Corridor in order to limit operations on Runway 17/35, which impacts densely populated residential areas. ® In reviewing the draft EA /EAW, the City of Eagan reiterates the importance of the conditions that were placed on the 2030 Long Term Comprehensive Plan (LTCP) for MSP International Airport by the Metropolitan Council on June 23, 2010. Specifically, the following conditions should be adhered to: 1) The MAC will update the plan every five years and that the first update is prepared by 2015. 2) MAC should initiate a capacity study two years in advance of when MSP is expected to have 540,000 annual operations and incorporate the results of this study into the following LTCP update. 3) MAC should initiate an FAA Part 150 study update (which includes a comprehensive noise analysis and mitigation program), in consultation with the MSP Noise Oversight Committee, when the forecast level of operations five years into the future exceeds the levels mitigated in the Consent Decree (582,366 annual operations). The results of this study should be incorporated into the first subsequent LTCP update. 4) The LTCP needs to acknowledge that storm water from MSP detention ponds discharges to the reaches of the Minnesota and Mississippi Rivers that are identified as water - quality impaired for a number of pollutants and stressors. Thank you again for the opportunity to comment on the 2020 Improvement Plan EA/EAW, and thank you for your ongoing planning efforts to ensure the present and future strength of MSP Airport. If you have any questions regarding the City of Eagan's comments, please contact Dianne Miller, Assistant City Administrator, at (651) 675 -5014 or dmiller @cityofeagan.com. Sincerely, Mike Maguire Mayor cc: Eagan Airport Relations Commission b� AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER OCTOBER 2, 2012 B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. Contract 12 -12 (Cedar Grove Boulevard — Grading Improvements) — AUTHORIZE Waiver of Procedures regarding Special Assessments D. OLD BUSINESS E. NEW BUSINESS 1. AUTHORIZE Dakota County CDA to Proceed with Demolition of Building at 3880 Sibley Memorial Highway F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting October 2, 2012 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the August 6, 2012 EDA meeting are enclosed on pages lb'l through IBB 2. Contract 12 -12 (Cedar Grove Boulevard — Grading Improvements) — Waiver of Procedures regarding Special Assessments — In order to prepare the site for the Paragon Outlets project, the City is undertaking Contract 12 -12 to do the grading portion of the Cedar Grove Boulevard relocation this fall. In preparing the site for street installation as soon as practical in 2013, this work will establish the surface grade necessary to permit the Xcel pipeline relocation project to proceed in the spring of 2013. . Paragon Outlets has submitted a letter to the EDA indicating that it wishes the City to proceed with the public project and that the company will execute a waiver of assessment for the cost identified in the purchase agreement for the relocation of the street and pipeline at the time it closes on the property. On that basis, the EDA as the current owner of the property is in a position to waive the procedural steps related to assessments to facilitate the timing of the improvements. ACTION TO BE CONSIDERED: To waive any and all procedures regarding special assessments related to Contract 12 -12 (Cedar Grove Boulevard — Grading Improvements). � S(o MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 21, 2012 A meeting of the Eagan Economic Development Authority was held on Tuesday, August 21, 2012 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It is recommended to approve the minutes of August 6, 2012 EDA meeting as presented. There were no Old Business items. OLD BUSINESS NEW BUSINESS APPROVE UPDATE OF EAGAN BUSINESS ASSISTANCE POLICY Community Development Director Hohenstein indicated the State law requires agencies that may provide business financing assistance to have a Business Assistance Policy. The City of Eagan's policy was last updated in 2006 and there is certain aspects of the policy, such as its reference to the area median income are dated. At its meeting of August 6, 2012, the EDA Board authorized the update to be prepared. The update has occurred and the item is in order for consideration at this time. Commissioner Hansen noted throughout the policy we refer generally to "The City ". Under Purpose number 1.02 it states "The City ", Hansen asked is that the authority of the Council, or staff? Community Development Director Hohenstein responded the Council would have the authority. Commissioner Hansen suggested where it states "The City" is changed or adds "The Council ". Commissioner Hansen also noted at the end of the last sentence under Purpose number 1.02 it should read "Department of Employment and Economic Development ". v ` j I Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve an update of the City of Eagan Business Assistance Policy as amended. Aye: 5 Nay: 0 There were no Other Business items. OTHER BUSINESS ADJOURNMENT Commissioner Fields moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye:S Nay:O Date Thomas Hedges, Executive Director Agenda Information Memo October 2, 2012 .Eagan EDA Meeting 1. AUTHORIZE DAKOTA COUNTY CDA TO PROCEED WITH DEMOLITION OF BUILDING AT 3880 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To authorize the Dakota County CDA to Proceed with Demolition of Building at 3880 Sibley Memorial Highway. FACTS: ➢ Originally all of the buildings acquired in the Cedar Grove Redevelopment District were expected to be demolished. At this point all buildings but the former credit union have been removed. ➢ When the recession forced the EDA to approach the district's prospects as a series of smaller, related projects instead of a comprehensive one driven by a master developer, the demolition of the credit union was put on hold, to preserve the potential for a private user to acquire structure and remodel it for a daytime use that could share and complement parking with Jensen's Supper Club's nighttime use. To date, no qualified user /buyer has come forward and the Paragon proposal has established a more comprehensive approach to a large portion of the site. ➢ In 2010, the heat went out in the credit union building and the fire sprinkler system froze and burst causing substantial interior damage. The EDA submitted an insurance claim, which paid for the clean -up and environmental remediation of the building and provided a cash settlement from LMCIT. In recent weeks, the building suffered a break in and was stripped of a substantial amount of copper piping. Before considering further repairs, it appears timely to reconsider the decision to delay demolition. ➢ In addition to the condition of the building and the more substantial development activity in the area, other factors bear on the future of the former credit union site. ➢ In preparation of the Paragon development application, staff asked the developer's engineer to consider the most efficient alignment of Rahn Road. They concluded that the road should be straightened as much as possible to square off the sides and staff concurs. Engineering is planning to construct /reconstruct Rahn Road in 2013 concurrent with the Paragon project development. While it is the preferred road alignment, it reduces the usable area of the former credit union site for a stand alone function. ➢ Following the approval of the Paragon concept plan, Doron Jensen wrote to the EDA expressing his interest in buying the credit union site for the expansion of the parking area in front of the Supper Club's front entrance on the west side of the building. In approaching staff in this regard, he indicated that he understands there would need to be a negotiated price for the bare land, but that he asked that the EDA consider proceeding with the demolition of the building. Staff has received a preliminary estimate that the demolition would cost approximately $55,000 and the City Attorney has reviewed the terms of the previous LMCIT claim settlement and concluded the EDA may use the funds for that purpose, instead of repairing the building. ➢ Because this matter involves an expenditure of funds and the possible sale of property to a third party, it was reviewed preliminarily by the City Council Finance Committee. The k1B CA Committee is recommending proceeding with the demolition of the former credit union building, in anticipation of discussions with Doron Jensen regarding the sale and redevelopment of the site to meet the parking needs of the Supper Club. The EDA has a contract with the Dakota County CDA to coordinate bidding and management of demolition projects in the Cedar Grove Redevelopment District. The action would permit CDA staff to proceed with a solicitation of bids for that purpose. ATTACHMENTS: Site map on page I� ZLO rmer ° r ctiylt J n i o l f Agenda Information Memo Eagan Economic Development Authority Meeting October 2, 2012 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting.