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02/03/2014 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 3, 2014 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS 4 A. INTRODUCTION of Police K9s Badger and Bane IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) FJ A. APPROVE MINUTES 3_B. PERSONNEL ITEMS as C. APPROVE Check Registers 43—�-_D, APPROVE Exempt Permit for Our Lady of Peace to hold a raffle on February 8 at Royal Cliff Banquet and Conference Center, 2280 Cliff Road JE. SET Public Hearing date for March 4, 2014 to certify delinquent utility bills (o F. SET Public Hearing date for March 4, 2014 to certify delinquent false alarm bills sin G. SET Public Hearing date for March 4, 2014 to certify delinquent mowing, noxious weed and refuse removal bills a�3 H. APPROVE Change Order No. 3, City Contract No.13 -05, Cedar Grove Parking Garage I. Item removed J. Item removed o9 K. APPROVE Joint Powers Agreement with Dakota County Transportation — City Project 1150 (Lone Oak Road - Eastbound Right Turn Lane at Denmark Avenue) L. APPROVE Recommendations from Public Works Committee — 1- 35E /Deerwood Noise Wall �3 M. APPROVE Recommendations from Public Works Committee - Project 1110 (Wilderness Run 2nd —4 th Additions Street Improvements) 36? N. APPROVE Amendment to Development Contract (Eagan Pointe Senior Living — Interim Completion Date) 35 O. APPROVE Project 1153 (TH 13 /Silver Bell Rd and Nicols Rd /Cedar Grove Pkwy /Silver Bell Rd Intersection Improvements) and Authorize the Preparation of Plans /Specifications P. APPROVE the 2014 contract for July 4th fireworks and authorize the Mayor and City Clerk to sign all appropriate documents pia Q. APPROVE Premise Permit for the Eagan Hockey Association to conduct lawful gambling at Saga Bar and Grill, 525 Diffley Road Suite 2010 V. PUBLIC HEARINGS A. VARIANCE Cary Olson - A Variance to the height and design standards for a detached accessory structure located at 3854 Bridgewater Drive (91 B. PROJECT 1138 (Cedar Industrial Park) Street Improvements C. PROJECT 1114 (Cedar Grove Additions) Street Improvements VI. OLD BUSINESS VII. NEW BUSINESS Q9 A. PRELIMINARY SUBDIVISION, VARIANCE AND FINAL SUBDIVISION — Fox Forest Third Addition / Pete Ramstad - A Preliminary Subdivision of 5.65 acres to create 2 lots, a Variance to the required minimum lot width requirement and a Final Subdivision of 5.65 acres to create 2 lots located at 4139 and 4145 Lexington Way L VA B. PLANNED DEVELOPMENT AMENDMENT - Birchwood Office Park/ Sign Source, Greg Randall - A Planned Development Amendment to add a dynamic message center to an existing pylon sign located at 3340 Sherman Court C. PLANNED DEVELOPMENT AMENDMENT — Town Centre Shoppes / MFC Properties, Bruce Miller - A Planned Development Amendment to allow a drive - through facility 3450 Denmark Avenue VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA 1c�;. C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. AUTHORIZE Request for Extension of Five Year Rule for Northeast Eagan TIF District #2 -5 3. APPROVE Extension of Preliminary Redevelopment Agreement with Pratt Development for the Cedar Grove Redevelopment District D. OLD BUSINESS E. NEW BUSINESS c-_OQt1. PUBLIC HEARING to Consider the Sale of Cedar Grove Redevelopment District Property to MHC Cedar Grove LLC 0�2. AUTHORIZE Preparation of Subdivision for Property to be Sold to MHC Cedar Grove LLC F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney - Closed Session to discuss litigation against the City of Eagan B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT t� 401� City of Eap memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: JANUARY 31, 2014 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 3, 2014 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 3, 2014 City Council agenda, the following items are in order for consideration. N Agenda Information Memo February 3, 2014 Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS Introduction of Police canines Badger and Bane to the community. FACTS: • The Police Department recently commissioned two police canines after the previous dogs unexpectedly passed away. • All of the funding needed to procure the new dogs was obtained through private donations. • The newly trained canines will be accompanied by their handlers Officers Andrew Helgerson (Badger) and Robbe Waller (Bane). • Police Chief McDonald will address the Council with more detail. ATTACHMENTS: None q Agenda Information Memo February 3, 2014 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of January 14, 2014 Special City Council meeting, January 21, 2014 regular City Council meeting and January 28, 2014 Special City Council retreat as presented or modified. ATTACHMENTS: Minutes of January 14, 2014 Special City Council meeting are enclosed on pages (.p through 9 . Minutes of January 21, 2014 City Council meeting are enclosed on pages lD through 8• Minutes of January 28, 2014 Special City Council Retreat meeting are enclosed on page 5 MINUTES SPECIAL CITY COUNCIL MEETING JANUARY 14, 2014 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley arrived at 6:00 p.m. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Finance Director Pepper, Communications Director Garrison, Parks and Recreation Director Johnson, Public Works Director Matthys, Fire Chief Scott, Deputy Fire Chief Diloia, Director of Community Development Hohenstein, City Planner Ridley, Planner Dudziak, and City Attorney Dougherty. 1. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye:4 Nay:0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. JOINT POWERS AGREEMENT WITH INVER GROVE HEIGHTS FOR EAGAN - INVER GROVE HEIGHTS WATERSHED MANAGEMENT ORGANIZATION City Administrator Osberg introduced the item noting staff had requested the City Council delay the action tentatively scheduled for January 7 due to questions about the coordination of board member appointments. After discussing the matter with the City Attorney, staff finds the agreement to be in order for favorable Council action. Osberg noted the City of Inver Grove Heights approved the Agreement at their December 9, 2013 Council meeting. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the Eagan -Inver Grove Heights Watershed Management Organization Joint Powers Agreement to be in effect as of January 15, 2014, authorize publication of notice of vacancies for three board member positions and one alternate position, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 IV. JOINT MEETING WITH EAGAN'S LEGISLATIVE DELEGATION Mayor Maguire welcomed State Senators Carlson and Metzen along with State Representatives Masin and Halverson. It was noted that State Representative Atkins was unable to attend this evening. City Administrator Osberg stated that it is an annual tradition of the City Council to invite Eagan's legislative delegation to the first meeting of the year to dialogue with the Council regarding legislative issues anticipated during the upcoming session. Osberg summarized the 2014 legislative priorities of the City. The City Council and delegation discussed the legislative priorities and positions for 2014. Special City Council Minutes January 14, 2014 Page 2 Mayor Maguire thanked the legislative delegation for attending the meeting and thanked them for their service to the community. V. CENTRAL PARK COMMONS APPLICATION City Administrator Osberg introduced the item noting the applications were scheduled to be heard by the City Council at its meeting of November 19, 2013. At that time, the developer's representative submitted a letter requesting a continuance of the item to a Council workshop meeting to permit discussion of the proposed development outside the context of formal actions on the applications. The Council accepted the request and the matter is being discussed at the January 14, 2014 workshop. Osberg noted no action is expected at this time; rather, the matter is being presented for discussion and direction. City Attorney Dougherty overviewed the parameters for the discussion in consideration of the fact that a development application is in process. CSM representatives Peter Coyle and John Johannson provided a presentation on the base plan that had been reviewed by the Advisory Planning Commission (APC) and two plans that represented possible responses to the comments by the APC for the Council to review and provide feedback. Bob Lucius with RSP provide a presentation on some of the details of the third plan that further addresses the needs of creating a gathering space, pedestrian linkage and enhancing the shopping experience in a "village" form. Mr. 'Lucius noted the plan includes an outdoor events area within the village with additional outdoor patio seating for the restaurant areas in the northeast corner of the development. The Council discussed the plans and provided feedback. The Council was in agreement that Plans 2 and 3 have potential and are closer to the Council's vision. Councilmembers expressed interest in the revised internal road and pedestrian layout as means of providing better connections within the elements o f the site. Councilmember Hansen encouraged the developer to explore transit options for the site with the Minnesota Valley Transit Authority. Councilmember Tilley and Hansen agreed it was important to see more green space. The Council was in agreement they would be open to having a conversation on public financing and public assistance to this project. The Council agreed the potential interaction with the northeast corner and the city park across the street was important. The Council discussed the possibility of residential uses on this site and it was noted that there is already a substantial amount of residential development in the surrounding area. Mayor Maguire also noted the possibility to see options of what the site could look like over the next 20, 25 or 40 years. Councilmember Bakken noted that a project will need to address a range of issues to justify a Comprehensive Guide Amendment. Mayor Maguire added that the key themes from the February 2013 workshop were the importance of a project being distinctive as compared to other retail developments, particularly as it pertains to pedestrian improvements and walkability. Mayor Maguire summarized the discussion by noting that the second plan, which would not require public financing assistance, could be an option for the site. He reiterated that the City could also be open to exploring the possibility of public financing through the financing assistance application process as it could pertain to the third, more intense, development plan. The Council took a 10 minute break. Special City Council Minutes January 14, 2014 Page 3 VI. SAFER GRANT City Administrator Osberg introduced the item noting at the August 20, 2013 City Council meeting, Council authorized staff to apply for a SAFER grant for weekday firefighter coverage. If approved four full -time firefighters and one fire captain would be hired. Osberg noted staff was notified on November 29th that the City was being offered a SAFER grant in the amount of $871,111 over a two year period. The City must decide by January 28th if the grant will be accepted. On January 6, 2014, the City Council's Finance Committee reviewed the proposed staffing additions and is recommending acceptance of the grant. Fire Chief Scott gave a summary of the grant. The Council discussed the SAFER Grant. It was acknowledged, per the recommendation of the Finance Committee, that the new positions would be reviewed during the first two years to determine their effectiveness towards improved efficiencies within the department. The Council concurred with the Finance Committee's recommendation that if the new staffing model is successful, then the positions would continue beyond the two -year grant period. If, however, the positions do not provide improvements towards meeting NFPA standards (e.g. response time), then the new positions may not be retained beyond the grant period. It was noted that the financing source for funding beyond the two years has not been determined, but it was acknowledged by the Council that future funding would need to be discussed and determined as part of future budget processes. The City Council gave direction to add the acceptance of the SAFER Grant to a future consent agenda for formal consideration. VII. DYNAMIC SIGN MESSAGING REGULATIONS City Administrator Osberg introduced the item noting at the City Council's Listening Session on August 5, 2013, the Council gave staff direction to review the current dynamic sign messaging frequency. In October 2007, the City Council adopted an ordinance amendment that provided the parameters for dynamic signage. Part of the ordinance language spoke to the minimum amount of time required for each displayed message. Osberg noted a minimum duration of eight seconds for a billboard, or off - premise sign, and twenty minute duration for on- premise signage. Director of Community Development Hohenstein and City Planner Ridley provided additional information and were available for questions. The Council discussed the messaging duration. Lindsey Meyer of Dakota County Regional Chamber of Commerce addressed the Council noting their support for reduction in the frequency messaging. It was the consensus of the Council that additional information addressing public safety /transportation standards was needed before considering a change in the dynamic sign messaging duration and should be brought back to a future Council Workshop. There was no other business to be heard. VIII. OTHER BUSINESS V Special City Council Minutes January 14, 2014 Page 4 IX. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 8:50 p.m. Aye:S Nay:O Date Mayor City Clerk 0 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 21, 2014 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, January 21, 2014 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Communications Garrison, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Assistant City Engineer Nelson, Lieutenant Pike, Fire Chief Scott and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to the Consent Agenda as presented: Aye:5 Nay:0 A. It was recommended to approve the minutes of January 7, 2014 City Council Meeting as presented. B. Personnel Items 1. It was recommended to accept the resignation of Jessica Currier, Parks & Recreation Central Services Aide. 2. It was recommended to approve additional policy language to Section 12 of the Personnel Policy Manual which addresses Holidays. 3. It was recommended to authorize the Memorandum of Agreement between the City of Eagan and the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local 320 —Clerical Employees Unit. 4. It was recommended to approve language revisions to the City's Funeral Policy. 5. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation and Streets. . C. It was recommended to approve check register dated December 20, 2013, January 3 and 10, 2014. D. It was recommended to adopt a resolution accepting a donation from an Eagan Citizen and authorize corresponding budget adjustment. E. It was recommended to accept a Staffing for Adequate Fire and Emergency Response (SAFER) grant for weekday firefighter coverage and authorize initiation of the associated hiring process VC) City Council Meeting Minutes January 21, 2014 2 page F. It was recommended to approve the 2014 -2018 Vehicles & Equipment Capital Improvement Plan and 2014 budget within that plan. G. It was recommended to approve the 2014 -2018 General Facilities Renewal & Replacement (R &R) Capital Improvement Plan (CIP) and the 2014 budget within that plan. H. It was recommended to adopt a Resolution accepting a $500.00 donation from Blue Cross Blue Shield MN that will be used for the Adopt -A- Street Program. I. It was recommended to receive the bids and award Contract No. 14 -05 (Cliff Road Booster Station — Pump Addition) to Minger Construction, Inc. in the base bid amount of $45,250.00 and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to receive the Petition to Vacate a portion of a public drainage and utility easement located on Lot 6, Block 1 Whispering Woods and schedule a Public Hearing o be held on February 18, 2014. K. It was recommended to receive the Petition to Vacate portions of public drainage & utility easements located on Lots 1 through 6, Block 3, Dakota Path and schedule a Public Hearing to be held on February 18, 2014 L. It was recommended to approve the final payment for Contract No. 13 -22 (Large Water Meter Testing) to M.E. Simpson Company Inc., in the amount of $14,800.00, and accept the improvements for perpetual City maintenance subject to warranty provisions. M. It was recommended to approve the plans and specifications for Contract No. 14 -10 (2014 City -Wide Sanitary Sewer — I &I Reduction) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Wednesday, February 5, 2014, at the Utility Building, located at 3419 Coachman Point, Eagan, MN 55122. N. It was recommended to approve the plans and specifications for Contract No. 14 -11, (City - Wide Inflow & Infiltration Mitigation, Part 1— Sanitary Sewer Improvements) and authorize the advertisement for a bid opening to be held at 11:30 a.m. on Wednesday, February 5, 2014. 0. It was recommended to approve the plans and specifications for Contract No. 14 -12 (City - Wide Inflow & Infiltration Mitigation, Part 2 — Sanitary Sewer Improvements) and authorize the advertisement for a bid opening to be held at 12:00 p.m. on Wednesday, February 5, 2014. P. It was recommended to adopt a resolution accepting a donation from the Eagan Citizen's Crime Prevention Association and authorize a corresponding budget adjustment. Q. Item was removed. R. It was recommended to approve a resolution to accept donations for Market Fest from Think Mutual Bank ($7,500) and Dakota County Library ($750) and to authorize the necessary budget adjustment. S. It was recommended to authorize a letter of support to Dakota County for the Big Rivers Regional Trail, from Interstate 494 to Lone Oak Road (Transportation Alternatives Program (TAP) Grant Application). PUBLIC HEARINGS PROJECT 1140, STONEBRIDGE PONDS STREET IMPROVEMENTS City Administrator Osberg introduced the item noting on December 3, 2013, the feasibility report for Project 1140 was presented to the City Council and a Public Hearing was scheduled for January 7, 2014 to formally present and discuss the report with the adjacent property owners. On January City Council Meeting Minutes January 21, 2014 3 page 7, the Public Hearing was continued by the City Council to January 21, 2014. Public Works Director Matthys noted since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets. Assistant City Engineer Nelson gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1140 (Stonebridge Ponds —Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1139, OAKWOOD HEIGHTS 2nd ADDITION STREET IMPROVEMENTS City Administrator Osberg introduced the item noting on December 3, 2013, the feasibility report for Project 1139 was presented to the City Council and a Public Hearing was scheduled for January 7, 2014 to formally present and discuss the report with the adjacent property owners. On January 7, the Public Hearing was continued by the City Council to January 21, 2014. Assistant City Engineer Nelson gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1139 (Oakwood Heights 2nd Addition —Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1137, ALDEN POND STREET IMPROVEMENTS City Administrator Osberg introduced the item noting on December 3, 2013, the feasibility report for Project 1137 was presented to the City Council and a Public Hearing was scheduled for January 7, 2014 to formally present and discuss the report with the adjacent property owners. On January 7, the Public Hearing was continued by the City Council to January 21, 2014. Assistant City Engineer Nelson gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1137 (Alden Pond — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye:5 Nay:0 2014 CALENDAR YEAR CITY ORGANIZATION BUSINESS City Administrator Osberg noted that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: k a. City Council Meeting Minutes January 21, 2014 4 page ACTING MAYOR Mayor Maguire moved, Councilmember Bakken seconded a motion to appoint Councilmember Fields as Acting Mayor. Aye: 5 Nay: 0 OFFICIAL LEGAL NEWSPAPER Motion was made by Councilmember Fields, seconded by Councilmember Tilley to approve retention of the Sun Thisweek Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 CITY COUNCIL MEETING SCHEDULE Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the 2014 meeting scheduled as presented noting the alternate dates. Aye: 5 Nay: 0 2014 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS (Including January 2015 meetings) JANUARY 7 MAY 20 OCTOBER 7 JANUARY 21 JUNE 3 OCTOBER 21 FEBRUARY 3 1Monday JUNE 17 NOVEMBER 5 4 Wednesday FEBRUARY 18 JULY 1 NOVEMBER 18 MARCH 4 JULY 15 DECEMBER 2 MARCH 18 AUGUST 4 3 Monday DECEMBER 16 APRIL 1 AUGUST 19 JANUARY 6, 2015 APRIL 16 2 Wednesday SEPTEMBER 2 JANUARY 20, 2015 MAY 6 SEPTEMBER 16 1Monday, February 3 due to Caucus Night 2Wednesday, April 16 due to Passover 3Monday, August 4 due to National Night Out 4Wedneday, November 5 due to the General Elections There will be a Listening Session at 6:00 p.m. before each regular Council meeting. �b City Council Meeting Minutes January 21, 2014 5 page 2014 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS, WORKSHOPS AND FIRST JANUARY 2015 MEETING JANUARY 14 JANUARY 28 (Council Retreat) FEBRUARY 11 FEBRUARY 25 (tentative) MARCH 11 MARCH 25 (tentative) APRIL 8 APRIL 22 (tentative) MAY 13 MAY 27 (tentative) JUNE 10 JUNE 24 (tentative) JULY 8 J U LY 22 (tentative) AUGUST 141 Thursday AUGUST 26 (tentative) SEPTEMBER 9 SEPTEMBER 23 (tentative) 1Thursday, August 14 due to Primary Elections 2Wedneday, November 12 due to Veterans Day OCTOBER 14 OCTOBER 28 (tentative) NOVEMBER 122 Wednesday NOVEMBER 25 (tentative) DECEMBER 9 No tentative meeting the week of Christmas JANUARY 13, 2015 JANUARY 27, 2015 (tentative) CITY COUNCIL MEETING PROCEDURES Councilmember Hansen moved, Councilmember Fields seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all regular City Council meetings, and approve the guidelines for public participation in City Council meetings. Aye:5 Nay:O Councilmember Hansen moved, Councilmember Tilley seconded a motion to formally ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. Aye: 5 Nay: 0 STANDING COMMITTEE APPOINTMENTS / REPRESENTATIVE APPOINTMENTS Councilmember Fields moved Councilmember Tilley seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as presented. Aye: 5 Nay: 0 Standing Committees: Finance Committee - Mayor Maguire and Councilmember Bakken Public Works Committee - Councilmember Fields and Councilmember Bakken H City Council Meeting Minutes January 21, 2014 6 page Personnel Committee - Mayor Maguire and Councilmember Fields Communications Committee - Councilmember Tilley and Councilmember Hansen Advisory Commission Liaisons: Advisory Parks and Recreation Commission - Councilmember Tilley Advisory Planning Commission — Councilmember Hansen Airport Relations Committee— Councilmember Fields Energy and Environment Advisory Commission — Councilmember Bakken Intergovernmental Committee Appointments: Minnesota Valley Transit Authority Board — Councilmember Hansen (Assistant Finance Director Feldman as alternate) Municipal Legislative Commission Board — Mayor Maguire Monthly Mayor /Manager Breakfasts — Mayor Maguire DCC 2013 -2014 Board - Councilmember Hansen (Councilmember Fields as alternate) DCC 2013 -2014 Executive Board — City Administrator Osberg (Assistant City Administrator Miller as alternate) MSP Noise Oversight Committee — Councilmember Fields (Assistant City Administrator Miller as alternate) Eagan Convention and Visitors Bureau — Mayor Maguire Robert Street Corridor Steering Committee - Councilmember Tilley (City Administrator Osberg as alternate) Robert Street Corridor Technical Advisory Committee (TAC) — Director of Public Works Matthys (Community Development Director Hohenstein as alternate) Caponi Art Park Board — Parks and Recreation Director Seydell Johnson Highway 77 Managed Lane /Cedar Grove Transit Access Policy Advisory Committee (PAC) - Mayor Maguire (City Administrator Osberg as alternate) Highway 77 Managed Lane /Cedar Grove Transit Access Staff and Technical Advisory Committee (SAC & TAC) - Director of Community Development Hohenstein and Director of Public Works Matthys Other (No appointment by City Council — information only): Testimony at Legislature — all as needed Breakfast with Mayor / Chamber of Commerce — Mayor Maguire LMC & Metro Cities Policy Advisory Committees — Councilmember Hansen Fire Relief Association Board of Trustees — Mayor Maguire, Fire Chief Scott and Director of Finance Pepper Mayor Maguire congratulated Councilmember Hansen on his two years as the MVTA Board Chair and his continued service on the Board. Councilmember Hansen also mentioned that he is currently Chair of the Suburban Transit Authority. City Administrator Osberg noted Councilmember Hansen was recently appointed to the Transportation Advisory Board through Metro Cities. City Council Meeting Minutes January 21, 2014 7 page OLD BUSINESS There were no old business items to be heard. NEW BUSINESS PRELIMINARY SUBDIVISION (GREAT OAKS 2 "d ADDITION) — MARK GERGEN & ASSOCATIONS City Administrator Osberg introduced the item noting the Council is being asked to consider a preliminary subdivision located at 3535 Elrene Road. The existing single - family home was constructed in 1957, and the surrounding property was developed in the early 1990's. Osberg noted the site contains a single family home and two detached accessory structures with a single driveway access from Elrene Road. The existing structures are proposed to be removed. City Planner Ridley gave a staff report. The applicant, Mark Gergen, was present and available for questions. The Council discussed the preliminary subdivision. Mayor Maguire asked if anyone in the audience would like to comment on the preliminary subdivision. Carol Scherbarth for the Great Oaks Homeowners Association address the Council with her concerns with additional driveways on Great Oaks Trail and the easement for the monument sign at the entrance on Great Oaks Trail and Elrene Road. There being no further public comment, Mayor Maguire turned the discussion back to the Council. After further discussion the Council was in agreement to add a condition to address the easement for the monument sign. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create five lots upon 2.46 acres for property located at 3535 Elrene Road, subject to the following conditions: Aye: 4 Nay: 1 ( Councilmember Bakken opposed) 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 61, B2, 133, 134, C1, C2, D1 and E1 2. The property shall be platted. 3. The construction of the single- family homes shall meet the sound attenuation requirements per the Metropolitan Council Transportation Policy Plan. 4. The Site Plan shall be revised for Final Subdivision to reflect the required 40' setback from Elrene Road. 5. All driveways onto Elrene Road shall include hammer -head turnarounds, in a form acceptable to the City Engineer, so vehicles do not need to back onto Elrene Road. 6. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall `(D City Council Meeting Minutes January 21, 2014 8 page have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) on -site for stormwater management (i.e. volume control, pollutant removal, and runoff rate control). 8. The applicant shall obtain a grading permit from the City prior to the construction of the proposed residential development. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 9. Prior to final subdivision approval or receiving a grading permit, the applicant shall provide construction details of any proposed stormwater best management practices (BMP's) for City review (delineation of contributing impervious area(s), plan view, cross - section, construction /protection /sequencing, sizing /volume tables, inlet details, outlet /under -drain details, planting details, etc.), to ensure stormwater BMP's are properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). 10. Prior to final subdivision approval or receiving a grading permit, if stormwater management practices are proposed that will utilize filtration or infiltration, and have an impervious contributing drainage area of over 2,000 square feet, the applicant shall provide the City with soil - boring log(s) (extending 15' min. below bottom of excavation) within the location of any proposed stormwater management feature(s), to evaluate suitability for infiltration. For any filtration /infiltration practices that will receive impervious runoff from less than 2,000 square feet, a soil boring log (extending 6' min. below bottom of excavation) shall be provided. If the soil - boring log(s) indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans, and provide to the City for review /comment /revision, to ensure City Code Section 4.33 requirements are met. 11. Prior to final subdivision approval or receiving a grading permit, the applicant shall provide the City with volume control calculations (for each volume control BMP proposed) to demonstrate %" retention, and water - quality modeling (comparison summary & inputs) to demonstrate no -net- increase of annual TP & TSS loading over existing conditions. 12. Prior to final subdivision approval or receiving a grading permit, the applicant shall provide the City with hydrologic modeling (comparison summary & inputs) to demonstrate no- net - increase of runoff rates (2 yr, 10 yr, 100 yr, 24 -hr) over pre - development conditions. 13. Prior to final subdivision approval or receiving a grading permit, a private drainage easement shall be provided over storm water quality features, in a form acceptable to the City Attorney 14. Prior to final subdivision approval or receiving a grading permit, the applicant shall enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney, that is transferrable to any subsequent property owners. 15. Within 30 -days of completion of final grading, the applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes of retention shall be provided for all stormwater facilities. 16. All well and septic systems within the development shall be abandoned in accordance with City and County standards. 17. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit approval. 18. The overhead power facilities serving the existing house shall be removed along with development. 19. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 `9 City Council Meeting Minutes January 21, 2014 9 page foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on- site. 20. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to issuance of the grading permit, or commencing of tree removal or grading activity, to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 21. In accordance with City Code, an Individual Lot Tree Preservation Plan shall be provided for Lots 1 - 5 at the time of Building Permit application. The applicant shall work with the City Forester to maximize preservation and minimize impacts to specimen and significant trees through the design and construction process for the individual lots. 22. A financial guarantee shall be provided in accordance with City Code, which provides the amount shall be calculated by multiplying the total diameter inches of significant trees and specimen trees to be preserved within 15 feet of the construction zone (measured from the construction unit to the nearest side of the tree), by the rate of payment of $25.00 per diameter inch. Any preserved tree which subsequently dies or is damaged such that it is in a state of decline within one year from date of project closure shall be considered as removed and mitigated per City ordinance. 23. This development shall provide a cash park dedication for five lots, payable at the time of final subdivision at the rates then in effect. 24. This development shall provide a cash trail dedication for five lots, payable at the time of final subdivision at the rates then in effect. 25. The applicant shall provide an easement to the Great Oaks Homeowners Association to provide for the maintenance of the existing signage at the entrance of Great Oaks Trail from Elrene Road. 26. The applicant shall remove the existing structures from the site prior to the final subdivision approval. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted the August 14th opening of Paragon Outlet Center and that 85 of the 100 stores have been leased. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:50 p.m. Aye: 5 Nay: 0 City Council Meeting Minutes January 21, 2014 10 page Date Mayor City Clerk V� MINUTES SPECIAL CITY COUNCIL RETREAT JANUARY 28, 2014 5:30 P.M. FIRE SAFETY CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Osberg, Assistant City Administrator Miller and IT Manager Cook, I. ROLL CALL AND ADOPTION OF AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye:5 Nay:0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. ELECTRONIC PACKET / TABLET DEMONSTRATION Information Technology Manager Cook provided a demonstration on electronic packets. The Council directed staff to proceed with the purchase of tablets for the City Council, per the 2014 budget, and continue with training and policy development in accordance with the identified timeline. IV. WORK PLAN AND COMMUNITY VISIONING City Administrator Osberg introduced the item summarizing the history and discussion to date regarding a proposed 2014 -2018 work plan and community visioning process. The City Council discussed the proposed work plan, community visioning, and goals for the City. There was no other business to be heard. V. OTHER BUSINESS VI. ADJORN Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the retreat at 9:00 p.m. Aye:5 Nay :0 Date Mayor Clerk ao Agenda Information Memo February 3, 2014 Eagan City Council Meeting There are no personnel items. B. PERSONNEL ITEMS a� Agenda Information Memo February 3, 2014 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 17 and 24, 2014 as presented. ATTACHMENTS: • Check register dated January 17, 2014 are enclosed without page number • Check register dated January 24, 2014 are enclosed without page number IN Agenda Information Memo February 3, 2014, Eagan City Council Meeting D. APPROVE EXEMPT PERMIT FOR OUR LADY OF PEACE TO HOLD A RAFFLE ON FEBRUARY 8, 2014 AT ROYAL CLIFF BANQUET AND CONFERENCE CENTER, 2280 CLIFF ROAD ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for Our Lady of Peace to conduct a raffle on February 8, 2014 at Royal Cliff Banquet and Conference Center, 2280 Cliff Road. FACTS: ➢ Our Lady of Peace, a Minneapolis Church, has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page. (The application is available from the Office of the City Clerk.) �,3 RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT OUR LADY OF PEACE WHERAS, Our Lady of Peace has applied for an Exempt Permit to conduct a raffle on February 8, 2014; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for Our Lady of Peace to conduct a raffle on February 8, 2014 at 2280 Cliff Road. Motion by: Seconded by: Those in favor: Those against: Date: February 3, 2014 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of February, 2014. City Clerk a'A Agenda Information Memo February 3, 2014, Eagan City Council Meeting E. SET PUBLIC HEARING DATE FOR MARCH 4, 2014 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for March 4, 2014 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent utility bills for certification to property tax statements for collection. ➢ Additional information will be provided at the time of the public hearing. ATTACHMENTS (0) X5 Agenda Information Memo February 3, 2014, Eagan City Council Meeting F. SET PUBLIC HEARING DATE FOR MARCH 4, 2014 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for March 4, 2014 to consider the final assessment of the delinquent false alarm bills and certify them to Dalcota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. ➢ Additional information will be provided at the time of the public hearing. ATTACHMENTS (0) a(0 Agenda Information Memo February 3, 2014, Eagan City Council Meeting G. SET PUBLIC HEARING DATE FOR MARCH 4, 2014 TO CERTIFY DELINQUENT MOWING, NOXIOUS WEED AND REFUSE REMOVAL BILLS ACTION TO BE CONSIDERED: To set a public hearing for March 4, 2014 to consider the final assessment of the delinquent mowing, noxious weed and refuse removal bills and certify them to Dakota County for collection with property taxes. FACTS: On a semi - annual basis, the City reviews and considers delinquent noxious weeds, mowing, and refuse removal bills for certification to property tax statements for collection. ➢ Additional information will be provided at the time of the public hearing. ATTACHMENTS (0) a?9 Agenda Information Memo February 3, 2014 Eagan City Council Meeting H. CONTRACT 13 -05, CEDAR GROVE PARKING GARAGE ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 13 -05 (Cedar Grove Parking Garage) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • City Contract 13 -05 provides for the construction of a public parking structure on the north side of Cedar Grove Parkway adjacent to the Paragon Outlets property. The proposed project includes a structure that provides 1,543 parking stalls and is designed with two levels, with the structural capacity to add a third level in the future. • On August 20, 2013, the City Council awarded the base bid for Contract 13 -05 for these improvements to PCL Construction Services, Inc. • Change Order #3 provides for: • The addition of cast -in -place concrete for the integration of the snow melting equipment, including concrete housekeeping pads. ADD $4,675.00 • The addition of steel framing to support the westerly snow melt tank and device. ADD $10,868.00 • The addition of miscellaneous pipe and pipe insulation to above and underground storm drainage lines for the snow melt device. ADD $32,945.00 • The addition of a heat trace device to exposed piping to the westerly snow melt device. ADD $5,711.00 • The modification of cast -in -place concrete piers for additional concrete spandrel support. ADD $18,191.00 • The addition of conduit and handholes for future Access Eagan service pathway to Lot 2 (future hotel development). ADD $19,301 • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and region. • The change order provides for an additional cost of $91,691.00 (0.51% of original contract) with no change in the completion date of the original contract. The cost of the additional work under the change order will be the responsibility of the City's Economic Development Authority (EDA). • The change order has been reviewed by the Public Works Department and the City's consultant, Walker Parking Consultants, and found to be in order for favorable Council action. IQ Agenda Information Memo February 3, 2014 Eagan City Council Meeting K. PROJECT 1150, LONE OAK ROAD & DENMARK AVENUE JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Approve the Joint Powers Agreement with the Dakota County Transportation Department for City Project 1150 (Lone Oak Road and Denmark Avenue — Street Improvements), and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Dakota County Transportation Department and the City of Eagan annually coordinate their 5 -Year Capital Improvement Programs (CIP) regarding street improvements, specifically regarding improvements that would involve cost sharing between the agencies per county policy. • Standard highway overlays completed by the County typically would have insignificant cost implications, if any, to the cities and are accordingly not included in the CIP discussion. The Transportation Department, none the less, notifies the cities of the proposed improvements during the fall of the year prior to the construction so that the cities can utilize this information to coordinate local improvements or inform the County of needed utility improvements within the highway. • In October 2013, County staff notified City staff of a proposed overlay of Lone Oak Road (County State Aid Highway 26) west of Lexington Avenue in north- central Eagan. City staff recalled past safety concerns at the intersection of Lone Oak Road and Denmark Avenue and inquired about the installation of a dedicated right turn lane on eastbound Lone Oak Road for southbound movements on to Denmark Avenue. The Transportation Department has concurred that the addition of a right turn lane would be appropriate. • Dakota County is the lead agency for the design and construction management of the proposed turn lane improvement in conjunction with the overlay of Lone Oak Road. The improvements consist of turn lane construction and trail relocation. • As set forth in the draft agreement, the City's financial responsibility for the construction of the turn lane and trail improvements will be 45 %, with Dakota County financing the remaining 55 %. The cost estimate is $73,000 for the turn lane and trail construction. The Major Street Fund will finance the City's share of the costs ($33,000). • The agreement has been reviewed by the City Attorney and Public Works Department and is in order for favorable Council action. Agenda Information Memo February 3, 2014 Eagan City Council Meeting L. MNDOT NOISE WALL — INTERSTATE 35E DEERWOOD TOWNHOMES ACTION TO BE CONSIDERED: Approve the recommendation of the Public Works Committee regarding a noise wall proposal east of Interstate 35E, north of Deerwood Drive. FACTS: • On June 4, 2013, the Council expressed interest in a noise wall proposal along a segment of Interstate 35E, north of Deerwood Drive and incorporated the improvement into the City's current 5 -year Capital Improvement Program (2014- 2018). • On September 19, 2013, a public presentation of the noise wall proposal along the east side of the freeway, adjacent to the Deerwood Townhomes Addition, was provided at a public meeting. Information regarding the design and location of the proposed wall and materials to be used were presented. Requests regarding the revision of the wall design were received. • A second neighborhood meeting was held on November 7, 2013, to provide an update on a revised wall design which shortened the length of the wall, yet maintained noise reduction at comparable levels. The revised estimated total construction cost is $480,800, as compared to the original estimated cost of $732,500. • On December 10, City and MnDOT staff provided a presentation to the Council representing the new proposed noise wall location and design details. Deerwood Townhomes residents shared their perspectives on the proposed wall design. A concern for the impact to the view from some of the townhomes was expressed. An alternate design was suggested that would reduce the potential impact. The Council directed staff to analyze the alternate wall design and present said findings to the neighborhood. An update of the alternate wall design and the neighborhoods response was directed to be presented to the Public Works Committee. • On January 13, 2014, City and MnDOT staff provided a presentation representing the revised noise wall design and details regarding noise mitigation for six various noise wall options. 12 people attended representing 10 of the 36 Deerwood Townhomes properties. All of the Deerwood Townhomes residents in attendance consented to the installation of the new revised wall design with a 6 feet high minimal wall (20 feet high maximum wall). • The cost estimate for the City's share is $48,080 (based on the standard 90/10 split of the total $480,080 cost) and is based upon the standard MnDOT noise wall design. • Based upon the consensus at the January 13, 2014, neighborhood meeting as a follow up to the December 10, 2013, Council workshop, the Public Works Committee recommended sending formal feedback to the Minnesota Department of Transportation supporting the noise wall proposal on the east side of Interstate 35E, north of Deerwood Drive, for a 20 feet high wall with transitions to a 6 feet high wall in the middle of the 1202 feet length. The wall is to be constructed of wood /timber. ATTACHMENTS: • Deerwood Noise Wall Project Exhibit (Revised), page 3 • Public Works Committee Minutes, page 3a . the property owner of 4395 Nybro Circle has already paid the fiill assessment of $900.46. The recommendation will be forwarded to the City Council for formal action at an upcoming regular Council meeting. III. MNDOT NOISE WALL — DEERWOOD TOWNHOMES Director Matthys provided background information about the noise wall proposal on the east side of Interstate 35E, north of Deerwood Drive, including visual exhibits of the proposed wall and an update on the January 13 neighborhood meeting. Director Matthys clarified that the proposed 20 feet high wall with transitions to a 6 feet high wall in the middle of the 1202 feet length would be constructed of wood /timber rather than a concrete alternative in order to reduce the length of the height transitions. Councilmember Bakken continued the discussion from the Council workshop regarding the option of exchanging the schedule of the Deerwood noise wall with the Kettle Park noise wall. Director Matthys shared an update from MnDOT staff that the Kettle Part-, noise wall was now scheduled for construction in summer of 2015, following shortly after an approved Deerwood noise wall schedule for spring of 2015. MnDOT also requested to construct the Kettle Park noise wall with concrete and would pay the difference of any costs in excess of a wood /timber wall. Councilmembers Bakken and Fields commented that the revised schedule and material for the Kettle Park noise wall were acceptable. Councilmember Fields asked that the color of the concrete wall segments would be alternated every 4 to 5 segments. Public Works Committee Recommendation: Based upon the consensus at the January 13, 2014, neighborhood meeting as a follow up to the December 10, 2013, Council workshop, the Committee recommended sending formal feedback to the Minnesota Department of Transportation supporting the noise wall proposal on the east side of Interstate 35E, north of Deerwood Drive, for a 20 feet high wall with transitions to a 6 feet high wall in the middle of the 1202 feet length. The wall is to be constructed of wood /timber. The recommendation will be forwarded to the City Council for forinal action at an upcoming regular Council meeting. IV. INFLOW & INFILTRATION PROGRAM UPDATE Director Matthys provided an update on the Inflow and Infiltration (I &I) Inspection Program, highlighting eleven properties currently being surcharged for eleven months or more. Director Matthys read a portion of the current city code, City Code 3.40, Subdivision 10, Clear Water Discharge Prevention and Prohibition, entitled "Failure to comply with inspection requirements. " As stated therein, "if the property owner or occupant fails to permit or complete a compliance inspection, the city may apply to the district court for an appropriate administrative search warrant authorizing the city to enter the property to conduct the inspection." Councilmembers Bakken and Fields expressed support for the implementation of the referenced portion of the city code. Concern was expressed about the questionable nature of the significant delays. A police escort was recommended for the welfare of the inspector in each case. Agenda Information Memo February 3, 2014 Eagan City Council Meeting M. PROJECT 1110, WILDERNESS RUN 2ND —4 TH ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the recommendation of the Public Works Committee regarding Project 1110 (Wilderness Run 2" a — 4th Additions Street Improvements). FACTS: • Project 1110 provided street improvements on the residential streets of Wilderness Run 2" a 0h Additions in south central Eagan. The street overlay improvements were completed as part of Contract 13 -03. • On October 1, 2013, a public hearing was held to formally present the final costs associated with this public improvement to the affected benefitting properties. At the close of the hearing, the City Council approved the Final Assessment Roll for Project 1110 and authorized its certification to Dakota County for collection. • During the public hearing, David Hines, 4395 Nybro Circle, addressed the Council noting his objection to the $900.46 assessment of his property for the street improvements on Nybro Circle associated with Project 1110. • As a result of the street improvements, a slight street elevation change in front of the driveway at 4395 Nybro Circle appeared to cause the hitch on the property owner's vehicles and boat trailer motor to bottom out when entering and exiting the driveway. • The Council directed further consideration of Mr. Hines' objection to a future Public Works Committee meeting. • On January 21, 2014, a Public Works Committee meeting was held. The Committee considered Mr. Hines' objection. The committee reviewed the assessment objection and related Project 1110 information and recommended that 4395 Nybro Circle be granted a refund of the previously paid $900.46 special assessment. • The rationale for the refund included the following: 1) a discernible loss of benefit for 4395 Nybro Circle resulted after the completion of Project 1110; 2) the impact to the use of the driveway after the project offset the benefit provided by the street improvements; 3) the property owner of 4395 Nybro Circle has already paid the full assessment of $900.46. ATTACHMENTS: • Public Works Committee Minutes, page �),A-: °3. PUBLIC WORKS COMMITTEE MEETING TUESDAY, JANUARY 21, 2014 EAGAN CITY HALL CONFERENCE ROOMS 2A AND 2B MEETING NOTES The Public Works Committee of the City Council consisting of Councilmembers Paul Bakken and Cyndee Fields convened the meeting at 4:00 p.m. Also in attendance were City Administrator Dave Osberg, Public Works Director Russ Matthys, City Engineer John Gorder, Assistant City Engineer Aaron Nelson, and property owner David Hines (4395 Nybro Circle). Councilmembers Bakken and Fields called the meeting to order and adopted the agenda as presented. II. SPECIAL ASSESSMENT OBJECTION — PROJECT 1110 Director Matthys provided background information about the street improvements associated with Project 1110, providing a visual exhibit of the physical alterations made to the street, and the stated reasons for Mr. Hines' assessment objection for his property at 4395 Nybro Circle. Mr. Hines restated that since the project was completed, he scrapes the following objects each time he drives into his driveway: hitch, bike rack, and boat motor. He stated that these items did not have any problem entering and exiting the driveway previously and that the project did not provide his property a net benefit. Director Matthys presented the following suggested options for addressing Mr. Hines' objection. • Revise $900.46 special assessment. • Mill portion of cul -de -sac and reconstruct back to original elevation at estimated construction cost of $6,300. • Do nothing. Mr. Hines asked about making changes to his driveway rather than the cul -de- sac /street. Councilmember Bakken responded that a public expenditure for improvements on private property would not be appropriate. Councilmember Bakken suggested that the removal of the special assessment would appear to be justified for Mr. Hines' property due to the apparent loss of benefit created by the public improvements. Mr. Hines stated that he had already paid his assessment. Staff responded that a refund could be provided and Councilmember Bakken suggested that Mr. Hines could use that to alter his driveway. Councilmember Fields stated she could support the refunding of the assessment. Mr. Hines stated he would be happy with the proposed refund of the assessment. Public Works Committee Recommendation: After reviewing the assessment objection and related Project 1110 information, the Committee recommended that 4395 Nybro Circle be granted a refund of the previously paid $900.46 special assessment. The rationale for the refund included the following: 1) a discernible loss of benefit for 4395 Nybro Circle resulted after the completion of Project 1110; 2) the impact to the use of the driveway after the project offset the benefit provided by the street improvements; 3) aH the property owner of 4395 Nybro Circle has already paid the full assessment of $900.46. The recommendation will be forwarded to the City Council for formal action at an upcoming regular Council meeting. III. MNDOT NOISE WALL — DEERWOOD TOWNHOMES Director Matthys provided background information about the noise wall proposal on the east side of Interstate 35E, north of Deerwood Drive, including visual exhibits of the proposed wall and an update on the January 13 neighborhood meeting. Director Matthys clarified that the proposed 20 feet high wall with transitions to a 6 feet high wall in the middle of the 1202 feet length would be constructed of wood /timber rather than a concrete alternative in order to reduce the length of the height transitions. Councilmember Bakken continued the discussion from the Council workshop regarding the option of exchanging the schedule of the Deerwood noise wall with the Kettle Park noise wall. Director Matthys shared an update from MNDOT staff that the Kettle Park noise wall was now scheduled for construction in summer of 2015, following shortly after an approved Deerwood noise wall schedule for spring of 2015. MnDOT also requested to construct the Kettle Park noise wall with concrete and would pay the difference of any costs in excess of a wood /timber wall. Councilmembers Bakken and Fields commented that the revised schedule and material for the Kettle Park noise wall were acceptable. Councilmember Fields asked that the color of the concrete wall segments would be alternated every 4 to 5 segments. Public Works Committee Recommendation: Based upon the consensus at the January 13, 2014, neighborhood meeting as a follow up to the December 10, 2013, Council workshop, the Committee recommended sending formal feedback to the Minnesota Department of Transportation supporting the noise wall proposal on the east side of Interstate 35E, north of Deerwood Drive, for a 20 feet high wall with transitions to a 6 feet high wall in the middle of the 1202 feet length. The wall is to be constructed of wood /timber. The recommendation will be forwarded to the City Council for formal action at an upcoming regular Council meeting. IV. INFLOW & INFILTRATION PROGRAM UPDATE Director Matthys provided an update on the Inflow and Infiltration (I &I) Inspection Program, highlighting eleven properties currently being surcharged for eleven months or snore. Director Matthys read a portion of the current city code, City Code 3.40, Subdivision 10, Clear Water Discharge Prevention and Prohibition, entitled "Failure to comply with inspection requirements. " As stated therein, "if the property owner or occupant fails to permit or complete a compliance inspection, the city may apply to the district court for an appropriate administrative search warrant authorizing the city to enter the property to conduct the inspection." Councilmembers Bakken and Fields expressed support for the implementation of the referenced portion of the city code. Concern was expressed about the questionable nature of the significant delays. A police escort was recommended for the welfare of the inspector in each case. Agenda Information Memo February 3, 2014 Eagan City Council Meeting N. PROJECT 13 -M, EAGAN POINTE SENIOR LIVING DEVELOPMENT AGREEMENT AMENDMENT ACTION TO BE CONSIDERED: Approve an amendment to the Development Agreement for Eagan Pointe Senior Living (Project 13 -M) providing for the extension of site work completion dates. FACTS: • Project 13 -M, Eagan Pointe Senior Living, is a senior housing development located south of Diffley Road and east of Blacichawk Road in the southwestern portion of the city. The approved development agreement required installation of a combination of public and private utilities (sanitary sewer, water main, and storm sewer), private street improvements and related grading, to be performed privately by the developer under the terms and conditions of the development agreement. • John Myhre, Globe University, has requested an extension of the interim completion dates for the site grading, restoration, and soil stabilization as identified in the development agreement, due to weather conditions. The request is to extend the completion date for those improvements from December 31, 2013 to July 1, 2014. All other completion dates are proposed to remain unchanged. • The Public Works Department has reviewed the requested new interim completion dates and found all terms to be in order for favorable Council action to amend the related Development Agreement accordingly. ATTACHMENTS: • Letter from Developer, page NCO 1/27/2014 City of Eagan Sarah Thomas 3830 Pilot Knob Road Eagan, MN 55122 Dear Sarah, Due to the cold weather we experienced in December, we have been unable to finish the grading on our site. Per the Development Agreement, we have a couple dates that need to be revised. On page 7, Section IV, paragraph 4.2 we have completion dates for restoration and soil stabilization (a.) and site grading (b.) of 12/31/13. Can we get those dates changed to July 1, 2014? We intend to resume grading and site work March 1, 2014. Thank you, John My re Eagan Pointe Senior Living 945 Sibley Memorial Highway Lilydale, MN 55118 612 - 799 -9486 M Agenda Information Memo February 3, 2014 Eagan City Council Meeting O. PROJECT 1153, TH 13 /SILVER BELL RD/NICOLS RD/ CEDAR GROVE PKWY /SILVER BELL RD INTERSECTION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1153 (Trunk Highway 13 /Silver Bell Road and Nicols Road /Cedar Grove Parkway /Silver Bell Road - Intersection Improvements) and authorize the preparation of detailed final plans and specifications for the purpose of soliciting bids for a contract. FACTS: • On June 4, 2013, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2014 -2018) and authorized the initiation of the public improvement process for the 2014 programmed improvements. • The modification of traffic signals at the intersections of Trunk Highway 13 and Silver Bell Road and Nicols Road, Cedar Grove Parkway and Silver Bell Road, as recommended in the Cedar Grove Alternative Urban Areawide Review (AUAR) update, as well as the installation of flashing yellow arrows, was included as part of the approved 2014 -2018 CIP. The proposed improvements include modifications to signage, turn lanes, and signal timing at these intersections to accommodate existing and anticipated traffic in the area. • The AUAR update was prepared for the purpose of supporting the development of the Cedar Grove Redevelopment District by the Economic Development Authority (EDA). As evidenced by the numerous actions taken by the City Council and EDA over the past year, as well as the scheduled opening of the Paragon outlet center on August 14, 2014, the proposed improvements are warranted for installation. • The Major Street Fund would finance the estimated improvement costs ($100,000). it Agenda Memo February 3, 2014 City Council Meeting P: APPROVE the 2014 contract for July 4t" fireworks and authorize the Mavor and City Clerk to silln all appropriate documents. ACTION TO BE CONSIDERED: Approve the 2014 July 4t" fireworks display contract with RES Specialty Pyrotechnics in the amount of $25,000.00 and authorize the Mayor and City Clerk to sign all appropriate documents subject to City Attorney approval. FACTS: • The July 4th Funfest committee solicited proposals for the 2014 July 41h fireworks display. • The July O' Funfest Board of Directors evaluated the responses to the RFP and based on their review is recommending that the City Council award the contract to RES Specialty Pyrotechnics. • RES Specialty Pyrotechnics provided the July 4t" fireworks display from 2007 -2011. • The budget for this 2014 expenditure was set at $27,000 and RES has provided a proposal that is under that budget amount. ATTACHMENTS • The contract from RES Specialty Pyrotechnics is included on pages '40-41 RES Specialty Pyrotechnics DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 27th day of January, 2014 between RES Specialty Pyrotechnics, Inc. hereafter referred to as the SELLER and City of Eagan, hereafter referred to as the BUYER. IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: Service Provided Outdoor Fireworks Display Date(s) Friday, July 4, 2014 Time 10:00 PM (approximately) Duration 26 -29 minutes (depending on intensity) Location Eagan Community Center; Eagan, MN Event Sponsor City of Eagan OBLIGATIONS OF SELLER: SELLER shall provide all materials, equipment and personnel necessary to perform the above - mentioned display. SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2010 edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2011 edition. SELLER shall provide show liability insurance in the amount of $5,000,000.00 to cover the fireworks display and cleanup. The SELLER will work with the City on cleanup of adjacent properties. The SELLER shall include the BUYER, as co- insured on Certificate of Insurance. The SELLER shall carry the following insurance coverage: A. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Minnesota. B. Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverage. The contractor shall provide a certificate of liability insurance, and a copy of additional insured endorsement by May 5, 2014, evidencing such coverage and, at City of Eagan's request, furnish the City of Eagan with copies of insurance policies and with evidence of payment of premium or fees of such policies. OBLIGATIONS OF BUYER: BUYER shall provide a suitable location for firing of the fireworks display. BUYER shall provide and cover all costs for security and safety at the display site. 21595 286th Street m Bella Plaine, MN 66011 x Phone: 952.873.3113 a Fax: 952.873.2859 LID TERMS AND CONDITIONS: The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude upon the completion of the display. This agreement shall run no longer than one (1) calendar year. However, if before the date of the scheduled performance, the BUYER has not performed fully its obligations under the terms of this agreement or that the financial credit of the BUYER has been impaired, the SELLER may cancel this agreement at any time. In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the SELLER for any damages, compensation or costs incurred including but not limited to attorney and court fees in addition to the compensation herein. The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually agreeable date. PAYMENT: Contracted amount: $25,000.00 inclusive of sales tax, if applicable. Contracted amount includes fire watch and permit fee. All payments shall be paid by BUYER to and in the name of RES Specialty Pyrotechnics, Inc. in the form of a company check, certified bank check, money order, or cash. CANCELLATION: In the event the BUYER cancels this agreement any time during the contract period, the SELLER shall be entitled to and receive 25% of the contracted fee for the remainder of the contract period plus compensation for any pre- and post - production costs incurred. THIS AGREEMENT is the whole agreement of the parties' above named. No representation inducement or agreement has been given by one to the other to enter into this agreement other than expressly set forth herein. This agreement shall not be altered, modified, or amended except in writing by a duly authorized officer of each party. IN WITNESS WHEREOF, the parties hereunto set their names on the day and year listed below. CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS. BUYER: Title: Signature: Date: SELLER: Ery Haman - RES Specialty Pyrotechnics Title: Director of Business Development Signature: A/ Date: 1/27/2014 21595 286th Street a Bells Plaine, MN 86011 a Phone: 952,873,3113 a Fax: 952,873.2859 2 Agenda Information Memo February 3, 2014 Eagan City Council Meeting Q. APPROVE PREMISE PERMIT FOR THE EAGAN HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT SAGA BAR AND GRILL, 525 DIFFLEY ROAD, SUITE 2010 ACTION TO BE CONSIDERED: Adopt Resolution to approve a Premise Permit for the Eagan Hockey Association to conduct lawful gambling at Saga Bar and Grill, 525 Diffley Road, Suite 2010. FACTS: • Sue Downey, Gambling Manager of the Eagan Hockey Association has applied for a premise permit to conduct a pull -tab, bar bingo, and tipboard operation at Saga Bar and Grill, located at 525 Diffley Road, Suite 2010. • Staff anticipates consideration of an on -sale liquor license for Saga Bar and Grill will be on the February 18 City Council Agenda. • The Police Department has conducted an investigation of the application and has found no cause to deny the application. ATTACHMENTS (1): A copy of the proposed resolution is attached as page 4_- . (The complete application is available from the Office of the City Clerk.) a RESOLUTION CITY OF EAGAN PREMISE PERMIT FOR THE EAGAN HOCKEY ASSOCIATION TO CONDUCT PULL -TABS, BAR BINGO AND TIPBOARDS, AT SAGA BAR AND GRILL WHERAS, the Eagan Hockey Association has applied for a premise permit for a pull - tab, bar bingo and tipboard operation Saga Bar and Grill, 525 Diffley Road, Suite 2010; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Eagan Hockey Association application for a premise permit at Saga Bar and Grill, 525 Diffley Road, Suite 2010. Motion by: Seconded by: Those in favor: Those against: Date: February 3, 2014 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3`d day of February, 2014. City Clerk 46 Agenda Information Memo February 3, 2014 Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE — CARY OLSON ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) a Variance to the height and design standards for an accessory structure upon property, located at 3854 Bridgewater Drive, legally described as Lot 5, Block 1, The Oaks of Bridgewater 3rd Addition, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The existing single - family home was constructed on the property in 1993. In 2009, the owner acquired additional land from a neighbor, extending the lot further south. The lot is approximately 90 wide and 370' deep and contains 33,362 s.f. ➢ The lot is within the Shoreland Overlay District of Bald Lake, and adjacent to a wetland. A conservation easement for wetland buffer covers the southwest corner of the lot. A drainage and utility easement for sanitary sewer extends east west across the southern portion of the property. ➢ City park land abuts the property to the east and south. ➢ City Code limits wall height of accessory buildings to 11', and requires that the roof pitch and style match, and exterior finish materials be compatible with the principal structure. ➢ The applicant constructed a shed in the rear yard of the property. The shed is a pagoda style with a two - tiered roof and 12' wall height. The enclosed portion of the shed is 10' x 12', however, the open wrap- around porch/walkway extends to 167" x 18'3 ", which exceeds 120 s.f. in area. ➢ A Building Permit was not obtained because the owner believed approval for the structure was secured at the time the additional land was acquired and a "future garden shed" was indicated on the subdivision plan. ➢ The owner designed the shed to be an aesthetically pleasing fit within the surrounding landscape. It is located 200' from the house. The topography of the lot drops 40' from the house to the area where the shed is located. ➢ The shed appears to satisfy other zoning standards such as setbacks and lot coverage. ➢ Two letters of support were submitted by neighbors and are attached for Council consideration. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: March 16, 2014 ATTACHMENTS (3): Location Map, page 45 Planning Report, pages _4 (o through 1 Correspondence, pages 5R through q4 6ue-116r �F6rrn Park t� Park Location Map NUNN hO 14WW4 -W p— g M MMM vEf bffip 4�fpl rf ON MI �Oe0- ® ®® VA ® FkPzb ti�AIR ®� FMH Z, _ ®��� M i ull Emu hO 14WW4 -W p— g M MMM vEf bffip 4�fpl rf ON MI ® ®® VA ® FkPzb ti�AIR Z, Project Name: 3854 Bridgewater Drive Request: Variance Case No: 24-VA-01-01-14 City of Eap q6- I Feet 0 500 1,000 2,000 Legend PARCELS 08-2013 Buildings Parks City Boundary N PLANNING REPORT CITY OF EAGAN REPORT DATE: January 30, 2014 APPLICANT: Cary Olson PROPERTY OWNER: Cary Olson REQUEST: Variance LOCATION: 3854 Bridgewater Drive COMPREHENSIVE PLAN: LD, Low Density ZONING: R -1, Single - Family SUMMARY OF REQUEST CASE: 24- VA- 01 -01 -14 HEARING DATE: February 3, 2014 APPLICATION DATE: January 15, 2014 PREPARED BY: Pamela Dudziak The applicant is requesting approval of a Variance to the height and design standards for an accessory structure upon property, located at 3854 Bridgewater Drive, legally described as Lot 5, Block 1, The Oaks of Bridgewater 3 Addition. AUTHORITY FOR REVIEW 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. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. VA(a Planning Report — 3854 Bridgewater Drive February 3, 2014 Page 2 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." CODE REQUIREMENTS City Code Sec. 11.40, Subdivision S includes the following provisions: A.2. Accessory buildings exceeding 120 square feet in size shall exhibit finish materials similar and compatible to those utilized on the principal building and match the principal building in color. C.6. The roof of all detached accessory structures exceeding 120 square feet in size shall match the pitch and style of the principal structure. C.8. In no event shall the inside wall height of any detached accessory structure ... exceed 11 feet as measured from the floor to the roof decking. BACKGROUNDMISTORY The existing single- family home was constructed in 1993. In 2009, a neighboring property was subdivided (The Oaks of Bridgewater 3rd Addition) and in that process, the subject lot acquired additional land, extending the lot further to the south. The lot is now approximately 90' wide and 370' deep. The subdivision plans showed a "future garden shed" for this lot on a portion of the newly acquired land. The property is located within the Shoreland Overlay District of Bald Lake, and adjacent to a wetland. A conservation easement for wetland buffer was established over the southwestern corner of this lot with the Oaks of Bridgewater 3rd Addition subdivision. �q Planning Report — 3854 Bridgewater Drive February 3, 2014 Paf4e 3 EXISTING CONDITIONS The property is developed with a single- family home and attached garage on the northern portion of the property. City park land abuts the property to the south and east. The property slopes down from north to south, with approximately 40' of grade change. A 20' drainage and utility easement for sanitaiy sewer crosses the southern portion of the property from east to west. A conservation easement for wetland buffer covers the southwestern corner of the lot. EVALUATION OF REQUEST Proposal — The applicant has constructed a shed in the rear yard. The architectural materials and roof style of the shed do not match the house, and the height of the shed structure from floor to roof decking is 12', as compared to the Code maximum of 11'. The shed is built in a pagoda style with a two - tiered roof and a wrap- around porch that is covered, but not enclosed. The roof of the structure is red metal. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. A single family dwelling with an attached garage is present on the site. City Code permits accessory structures on single family residential lots. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be contrary to the intent of the Zoning Ordinance. The purpose of the design standards for accessory structures is to ensure compatibility between the principal structure and accessory buildings on the same lot. Height limitations ensure that accessory buildings remain subordinate to the dwelling. Evaluation — According to the submitted Site Plan, the shed is located between the drainage and utility and conservation easements in the rear yard of the lot. The shed location on the submitted Site Plan was provided by the applicant. Since it was not surveyed, there may be some margin of error, and the applicant should be aware that the shed placement is at the owner's risk. Should it be discovered at a future date that the shed encroaches into the conservation easement, removal or relocation would be at the owner's expense. The lot size is 33,362 sq. ft., and building coverage on the lot is approximately 8 %, as compared to the City Code maximum of 20 %. Shoreland zoning limits impervious coverage to 25% of the lot area, which is three times the existing building coverage. While calculations were not provided, it appears from the Site Plan that impervious cover does not approach that level. The shed also appears to meet required minimum setbacks of 5' from both side and rear lot lines. According to the applicant's narrative and submitted plans, the shed itself is 10' x 12', however, the wrap- around walkway with the overhanging roof extends to 167" x 18'3 ". Structures larger than 10' x 12' require a Building Permit. CPU Planning Report — 3854 Bridgewater Drive February 3, 2014 Paae 4 The structure is more than 200' from the house, and at a ground elevation —40' lower than the house. Due to topography, the structure height from surrounding homes may not appear as tall since views from those homes are from a higher elevation. Views of the structure from the adjacent park would be at a comparable elevation. In regard to compatibility with the principal structure, according to the applicant's narrative, the structure is viewed more "as a part of the park -like setting that surrounds it rather than as an extension of our home." The rear yard has been landscaped with a "dry creek bed, extensive plantings of spring, summer and fall color and oriental, formed evergreens. Yet to be completed are a bridge across the creek and more plantings." As such, the homeowner designed the shed to fit the surrounding landscape and in a more artistic way than a typical utilitarian shed. Thus, the applicant's choice to build the shed in a "soft Asian style that is a favorite of botanical gardens around the world." It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. Due to the size of the structure, the applicant should obtain a Building Permit. APPLICANT'S PRACTICAL DIFFICULTIES The applicant indicates they thought approval for the structure was obtained in 2009 with the "future garden shed" that was shown on the subdivision plans and consequently, failed to obtain a Building or Zoning Permit when they began building the shed. They purchased the additional land in 2009 to be able to "landscape the area to be aesthetically pleasing from our home and by anyone using he park path for walking." The applicant believes "the structure and landscaping has added great visual value to the area" and they have received "many compliments from neighbors and passers -by." SUMMARY /CONCLUSION In summary the applicant is requesting a Variance to accessory structure height and design standards to permit an existing shed with a height of 12' and two - tiered roof that does not match the principal structure. Other zoning standards with regard to setbacks and lot coverage appear to be satisfied. The proposal does not appear to create detrimental impacts to the neighboring properties or the public. A Building Permit should be obtained due to the size of the structure exceeding 120 s.f. ACTION TO BE CONSIDERED To approve a Variance to the height and design standards for an accessory structure upon property, located at 3854 Bridgewater Drive, legally described as Lot 5, Block 1, The Oaks of Bridgewater 3rd Addition. �i9 Planning Report — 3854 Bridgewater Drive February 3, 2014 Page 5 If approved, the following conditions should apply: If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a Building Permit for the accessory structure within 60 days of Council action. 3. Per the submitted plans, the Variance applies to an accessory structure with a height of 12' and two- tiered roof. 50 Mueller Farm'I?ar Park Locati ®n Map MMMU, ®® ®gip ®�� ® ®® Project Name: 3854 Bridgewater Drive Request: Variance Case No: 24-VA-01-01-14 City of Eap I H ���M®M I Feet • IMP 2,000 Legend F-I PARCELS 08-2013 Buildings Parks City Boundary 17 ®fir �i �� � ®�,�� � �:>:u.��. ,:y ® ® ®�� ®�I MMMU, ®® ®gip ®�� ® ®® Project Name: 3854 Bridgewater Drive Request: Variance Case No: 24-VA-01-01-14 City of Eap I H ���M®M I Feet 0 500 1,000 2,000 Legend F-I PARCELS 08-2013 Buildings Parks City Boundary - 51 City of Eapo Current Zoning and Land Use Map Application: Cary Olson 3854 Bridgewater Drive Type: Variance Case No.: 24-VA-01-01-14 Zoninq R-1 Single-Family Land Use Plan LD Low Density Z\ N 0 300 600 1,200 Feet PF P Subject Site P sa FQ IL WESCOTT ROAD .......... 7 LD.......... .... ...... . ... /* _J ...... . .. . ; 0 w >�D Subject Site X/ ........ ........ MILL P P < .... ...... D ... ....... QP sa r ON r 4fY ' r i i b�1 err; t s� o..- i // ISO bi �iV,ff � �+�r' _ t w.�_ . s� � T ,• i:t - 4• � t t4 } - \Co L r t s_ s a Z 3< y tp tT' st�i r rr> 32 lia AlITM /� ef`n% s aav T ..: r! 31 +�> vi, i TR ¢ 3• f co 4 3 w I r f rte: _ - •','.:. -,. s =- � :� -� `�'�,� t � r> +Q�� ae . Yom: i l� . - -�.:,- t` � -•fir ' -`+ i�;'t. �f� ��-t, � Y�. ul l*, is � L '' ��� -�S � tr �� }}�C �£�� {�It J rs� ,3 +,jy�t / N �1 • rt .�tt �k�� "f _ r �'' rt } }�._,tz "w `}{'s. -,-r lr'•T, si� f } __ Y dP` ci`�� f tL tr''.. 5� - r .. -- ! r -; � + _ ;�i ' `yam r t �' "t°t t � -.t'� •T ',f '.>: �'`- y tit x,.; �':9+srY� i� � �_ s ,r�,�� <•�i � t,+. k #a� � _{ Ott '^ ti/� S'c�} �} j?+ - t*` .`t _�d +i'•t giY`.K. _ `�„_" ` = <? _ .:,.t �z i `.r s ,:''fl }i 4 +s A , r \ • Zoning: R -1 District. • Building setbac City of Eagan Owner: City of Eagan / Zoned: R -1 Owner: Robert and Sylvia Lukin Zoned: R -1 T T 0 �; f aN I \ AM /a" 1 Sprucq ' '2" / },,, 0 15 30 60 9( � YJ ly rte; i ge N Scale in Feet � •s, is � � l p ` Owner. Kenneth and Sheree Hoffman M I = Zoned: R -1 1� NORTHVI- �\ \ L +, X \ \ Owner: \ Timothy and Joanne Wakefield \ N Zoned: R -1 \ \ Cn \ L Section 23, 00 z \ OWNER /DEVELOPER I hereby certify that th \ — direction and that I an � June G. Hall the State of Minnesota \ 3862 Bridgewater Drive \ Eagan, Minnesota 55123 Dated this 15th day of I\ \ Phone: 651- 454 -3077 REHDER & ASSOCIATES, \ � SURVEYOR/ ENGINEER Rehder & Associates, Inc. Suite 240 3440 Federal Drive Eagan, Minnesota 55122 Phone: 651- 452 -5051 Attention: Greg Gertz Thomas J. A am, Land Minnesota License No. Revised October 27, 2( Revised November 3, 2 54 I RECEIVED JAN 3 0 20M SITE PLAN Rel 3440 F, c V�f cti E b� }r J r - ✓ ` � -� ��-�f � rt �� ) € I � .J i Q'z i ni ._ rs} 3 �, �- � r ice. •, �. � f s u�� t s r ' 6 z F � "� € f �� �.e ,y s X,y?•;`c i^ i 5 a i ��. � �, r� r _ P f. � .1 \ g~����� � '� rr � } +.. rN•-� �� I U +✓`/ x�fs f t , t S`� 2�j3`�' aL 7 _ ti P �s� 'i l-"S �s: ls-'fi ', INN use i : y ?5 c ��_ (` `_ A• s. AV- �em ` : OF- ,. 7j EXISTING STRUCTURE L 4 � u t sy � ti i --- WAMA 'a-s IEIi, I xx s; rE t { 3 °r Alj { IN, Ij pp i4 :E 1 r 1p 2 . A. yRl1 '! *'�w t ,`cis ����� •3� >� La }�����z� s.� C k € •� low IR eu ✓�F log" I f'� 7s• �"xi� =� t . ' ill i +z. p- L ti { r 41"�' �� -Airi IN z / �z fl N O � t517 K 1• � CO \v 1 z O U 1(\ V \ O �S V 1 z O O rs� era �1. LU ��.. t� n Q X N O n n v- n Q a � � z v O �0 CNN z 0 o O Q x lool ,a, • Q �5 NzV C�1 Q z O O uj m v\ �G 1�ea ✓i Request for variance by Keri and Cary Olson We are asking for a variance for the height and style of a shed recently built on our property. We purchased additional land in 2009 from our neighbors June and Chuck Hall as they were planning on re- platting their property to be able to break off two lots to sell. In going through this process and the resulting public hearing and zoning request, we added a proposed shed on the plat to have public comment and get approval at that time. This was done on the advice of the lawyer and the survey company. We did not review for any code changes when we began building in 2012 as we believed we had approval through the above process. We purchased this property to be able to landscape the area to be aesthetically pleasing from our home and by anyone using the park path for walking. It had been overgrown with weeds and thistle that was invading all adjacent properties. Unlike a utilitarian shed we actually wanted the structure to be noticed for its own intrinsic beauty. Though this building will be used for storage, it also serves as a visual destination to draw your eye down from any sight line above through various levels of landscaping to the trees and ponds below. As it is quite a distance from our home and all other homes in the area, it is viewed more as a part of the park -like setting that surrounds it rather than as an extension of our home. For this reason we chose a soft Asian style that is a favorite of botanical gardens around the world. The design style and slightly higher roof height were chosen so that when the shed is viewed, it is in scale to its surroundings on grade as well as when it is viewed from above. We have installed a dry creek bed, extensive plantings of spring, summer and fall color and oriental formed evergreens. Yet to be completed are a bridge across the creek and more plantings. The shed itself is 10X12; we added the small wrap - around walkway to balance the structure with the overhanging roof. As the deck on our home does not figure into the interior square footage of our house, we did not calculate that the walkway would be included in the total square foot calculation of the shed. It is also built within the extensive conservation, utility, drainage and set back requirements that make this large section of property almost useless to any improvements that a normal yard might consider. We believe that this structure and landscaping has added great visual value to the area that is seen by many who use the walking path. We have received many compliments from neighbors and passers -by. In summary, we now understand that the shed as designed and built is classified as an accessory building and therefore a building permit is required. To come into compliance, we request a variance to have a design different from our home and for an additional 1 foot wall height. We thank you for your consideration of our request and will be happy to provide you with any further information that you may request. Sincerely, RECEIVED JAM 2014 Keri and Cary Olson APPLICANT NARRATIVE Pam Dudziak From: jennifer.c.prestrud@accenture.com Sent: Tuesday, January 28, 2014 9:57 PM To: Pam Dudziak Subject: Public Hearing: CASE # 24- VA- 01 -01 -14 Development: 3854 Bridgewater Drive Case #: 24- VA- 01 -01 -14 Dear Ms. Dudziak - I would like to show my support in asking that Cary and Keri Olson be granted a variance for their'teahouse' in their backyard. As Neighborhood Watch coordinator for Bridgewater, I care deeply about how this neighborhood looks. The structure in the Olson's backyard, which is actually a storage shed but is gorgeously disguised as a Japanese teahouse, is lovely and makes their yard the prettiest by far in our development. It sits very low at the back of their property, which slopes downward into a small pond area, and thus it does not cause any blockage of any other neighbor's site lines. It complements their landscaping, and I know they have worked very hard to build this on their own. Please grant them a variance: I wish we could be so lucky as to have all of our properties look as nice as theirs does, and this pretty little structure contributes greatly to those aesthetics. Thank you. Sincerely, Jennifer Prestrud 3865 Bridgewater Drive Eagan, MN 55123 651- 452 -2224 prestruds @Bmail.com This message is for the designated recipient only and may contain privileged, proprietary, or otherwise confidential information. If you have received it in error, please notify the sender immediately and delete the original. Any other use of the e -mail by you is prohibited. Where allowed by local law, electronic communications with Accenture and its affiliates, including e -mail and instant messaging (including content), may be scanned by our systems for the purposes of information security and assessment of internal compliance with Accenture policy. . www.accenture.com 59 CORRESPONDENCE Pam Dudziak From: Charles Grassl <cgrassl @comcast.net> Sent: Monday, January 27, 2014 5:23 PM To: Pam Dudziak Cc: Cary and Keri Olson and Family Subject: Public Hearing: CASE # 24- VA- 01 -01 -14 Dear Ms. Dudziak: Development Name: 3854 Bridgewater Dr. Case #: 24- VA- 01 -01 -14 This letter is in regards to the public hearing for homeowner Cary Olson. I support Cary Olson and his building of the detached structure on his property and suggest he is granted a variance. The structure is in Olson's back yard, which slopes to a ravine. The structure is in the lowest point of Olson's property and is unobtrusive. It is attractive and fits very well with the surroundings. Mr. Olson built a beautiful structure in his back yard and should be granted a variance. Regards, Charles Grassl 3857 Bridgewater Dr. Eagan, MN 55123 (651) 503 -5106 ccgrassl @comcast.net (90 Cheryl Stevenson To: Pam Dudziak Subject: 2/3/14 - Public Hearing A: CASE # 24- VA- 01 -01 -14 From: Sylvia Lukin [mailto:rsiukin @msn.com] Sent: Thursday, January 30, 2014 10:16 PM To: Pam Dudziak Cc: Cary.Olson @Donaldson.com Subject: Public Hearing: CASE # 24- VA- 01 -01 -14 Subject: Public Hearing: CASE # 24- VA- 01 -01 -14 Dear Ms. Dudziak: I am writing in regards to the structure built by Cary Olson at 3854 Bridgewater Dr. I strongly support that he should be granted a variance as the structure he has built fits very nicely in the area. It is well built and not a problem for the surrounding neighbors. Please feel free to contact us if you have any further questions. Rob & Sylvia Lukin 787 Mill Run Path Eagan, MN 55123 (651) 456 -0093 rslukin @msn.com Agenda Information Memo February 3, 2014 Eagan City Council Meeting PUBLIC HEARING B. PROJECT 1138, CEDAR INDUSTRIAL PARK STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1138 (Cedar Industrial Park - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past 24 years, the City has rehabilitated approximately 214 miles of local streets. • The resurfacing of Cedar Industrial Park, streets within a commercial neighborhood in west - central Eagan, has been programmed for 2014 in the City's 5 -Year Capital Improvement Program. • On June 4, 2013, the City Council directed staff to prepare a feasibility report considering a rehabilitation of these streets. • On January 7, 2014, the feasibility report for Project 1138 was presented to the City Council and a Public Hearing was scheduled for February 3 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 27 for the adjacent property owners to discuss the proposed improvements. Of the 9 parcels proposed to be assessed under this improvement, no one attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages ta through . GO ''t � � � is ✓ : r t - j. mp {f/ i .fl{ d 7 f! 4 -'W " sw 4b� City of E mw To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: January 7, 2014 Re: Cedar Industrial Park Neighborhood Street Revitalization City Project No.: 1138 Attached is the feasibility report for the Cedar Industrial Park Neighborhood Street Revitalization, City Project No. 1138. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at you convenience to review and discuss the contents of this report. Reviewed By: Deoftment of Public Works Reviewed By: Financ ' partment I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Min ne ta. %t ' Aaron Nelson Date: Reg. No. 45795 Date: i l q Date: I 141Y (03 TABLE OF CONTENTS ExecutiveSummary ....................................................................... ............................... 1 Introduction /History .................................................................... ............................... 2 Scope............................................................................................ ............................... 3 AreaTo Be Included ...................................................................... ............................... 3 StreetPavement Evaluation .......................................................... ............................... 3 ProposedImprovements ............................................................... ............................... 4 Easements /Perm its ....................................................................... ............................... 8 Feasibility /Recommendations ....................................................... ............................... 8 CostEstimate ................................................................................ ............................... 8 Assessments................................................................................. ............................... 9 AssessmentFinancing Options ....................................................... .............................10 RevenueSource ............................................................................. .............................11 ProjectSchedule ............................................................................ .............................12 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement /Assessment Area Map - 3 Typical Section — Mill & Overlay (d4 Executive Summary Background Project Name Cedar Industrial Park Project # 1138 Street Area 10,270 sq. yds. Street Length 2,484 feet Streets Included Blackhawk Road Kennebec Drive Comanche Road Constructed 1970 & 1973 Reconstructed 1992 ( Blackhawk Road) Overlayed 1992 Kennebec Road & ( Comanche Road) Seal Coated 1995/1997,2005 Absolute Location N % of Section 17 Township 27, Range 23 Relative Location South of Yankee Doodle Road West of Trunk Hwy. 13 Project uetaus • Roadway resurfacing (edge mill & 1 -1/2" overlay) PCI Rating 36 /100 • Replacement of damaged curb & gutter Recommended Patch /Repair • Replace 770' water main & replace 1 hydrant, add Improvement and Overlay 1 new hydrant on Comanche Road Curb Removal 13% • Total reconstruction of northern 8' of Comanche Scope Road for water main replacement • Adjustment /Replacement of: • Sanitary /Storm sewer Commercial/ 9 • Utility castings Industrial Lots • Water gate valves • Street signage Cost Estimate / Revenue Cedar Industrial Park 1 (0G Property City Mill & Overlay w/ Signage $118,400 $ 111,000 $ 7,400 Repair Existing Concrete Curb & Gutter $ 32,100 - $ 32,100 Concrete Entrance Replacement $ 26,200 $26,200 - Water Main Replacement $140,600 - $140,600 Total $ 317,300 $ 137,200 (43 %) $ 180,100 (57 %) Cedar Industrial Park 1 (0G January 7, 2014 Neighborhood Street Revitalization Cedar Industrial Park Eagan, Minnesota a aa' Introduction History Pavement Management - As a part of Eagan's Pavement Management Program (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The % -mile of commercial streets in the Cedar Industrial Park, located in west - central Eagan, have been identified for 2014 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets in this industrial neighborhood were constructed between 1970 and 1973, and reconstructed (Blackhawk Road) and overlayed (Kennebec Drive and Comanche Road) in 1992. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Overlaying the roadway located within the project area, which is currently in the 20 year time frame, will prevent further deterioration of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have oc-Gur- red -at appropriate - - inter -vats- du- ring-the- life -o-f- the- p-avetment -in toe- area. T-he- City -of Eagan's maintenance records indicate that these streets were reconstructed/ overlayed in 1992, and seal coated in 1980, 1995, 1997, and 2005. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where Cedar Industrial Park 2 (D(0 necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. Infrastructure Review - The Public Works Department inspected the utility infrastructure (sanitary sewer, water main, and storm sewer pipes and other structures) in the project area and determined the underground systems are generally in good working order and that no major repairs are necessary, with the exception of the water main under Comanche Road. There is approximately 770' of 10" CIP water main on Comanche Rd that was installed in 1969. There are 5 recorded water main breaks with 3 repair clamps and 2 pipe sections (4 pipe joints). The pipe is located approximately 10' south of the centerline of Comanche Road. To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right -of- way and easements were evaluated. Some of these infrastructure items include street lights, utility boxes, and above ground storm water ponds /access, and pedestrian features. The rehabilitation of City- maintained items is included in this project, if needed. 4; Scope This project will provide resurfacing (edge mill and 1 -1/2" overlay) for approximately % mile of streets. Figure 2 in Appendix C, illustrates the project limits. Approximately 770' of existing 10" CIP water main will be replaced on Comanche Road, resulting in the total reconstruction of a portion of Comanche Road. Also included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, and replacement of street signage. 1;�>Area to Be Included Properties included in the project lie within the N %, Section 17, lying south of Yankee Doodle West 6 Trunk Highway 1 -3, in Towns ih`p-27, aR nge 23, in ity of— aE gan, Da ota County, Minnesota. a�Street Pavement Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Cedar Industrial Park 3 (6,1 Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56-100 Routine Maintenance /Crack Seal /Seal Coat 36-55 Patch /Repair and /or Overlay 0-35 Reconstruct/ Reclaim The 2013 PCI rankings for the street segments have a weighted average pavement condition rating of 36 for Cedar Industrial Park, which falls in the "Patch /Repair and /or Overlay" category, as mentioned above. The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2014 construction season is the optimal time to construct the bituminous overlay on this street. Any delay of the project may reduce the structural benefit to the street sections and require more substantial rehabilitation. Proposed Improvements Pavement - The proposed street improvements for Cedar Industrial Park 3;t ate''-, - are shown in Figure 3. The existing street section for this roadway consists } {'Y y ` of 4 -%" bituminous pavement F supported by 6" gravel base. The +, existing bituminous surface will be ►`' 'x,. r milled adjacent to the existing curb and ►' gutter (6' -8' wide) to accommodate a 1% -inch bituminous overlay. The - t overlay, combined with the existing street section, will provide a street section consistent with current City standards for industrial streets. The combination of patching and overlay will not eliminate cracking due to the temperature e- W- e- me-s—e-x per- ienced— in— M- inne-sot- a.Bitu- minous-- ove- rla -�s— will —si -iow— ser- r- ve— con-ti -n -ued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. The water main along Comanche Road is proposed to be relocated from 10' south of the centerline to 2' north of the existing northern curb. This will require total reconstruction of approximately the northern 8' of the road, including concrete curb, for the entire length of the water main relocation. Cedar Industrial Park 4 (ot Designation of Minimum Maintenance Road - Comanche Road north of Plant Road - Comanche Road, north of Plant Road, is a public street that currently has minimal use. It provides access to the rear of the Metropolitan Council property, the railroad corridor, three ponds, and potentially a public connection to the future Minnesota River Greenway Trail. The northern two - thirds of this road has not been maintained, but has not been designated as a minimum maintenance road. It is proposed to continue to have public right -of -way, but designate the entire portion north of Plant Road as minimum maintenance road. The statutory procedure (Minn. Stat. 160.095) must be followed to designate a minimum maintenance road. The process includes notifying all adjacent property owners, holding a public hearing, adopting a resolution with beginning and end points, and posting the entry point as a minimum maintenance road. Coricrete- Curb- &-Cutter DDama-ged- curb - &- Butter- rill -be- replaced -if-sE emly- cracked,--!�pall-ad, or settled. On the streets where water main is not being replaced, it is estimated that approximately 13% of the existing concrete curb and gutter will have to be replaced. Where the water main is being replaced on Comanche Road, 100% of the curb on the northern side of the street will need replacement. Boulevard turf will be removed and replaced with seed. While the contractor who performs the work is responsible for its establishment (45 days for seed), adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Cedar Industrial Park 5 (9 Water Main Replacement — The water main on Comanche Road is Cast Iron Pipe (CIP), which is ti ?,•' more brittle and susceptible to breaks than Ductile Iron Pipe (DIP). Due to the extensive water main break history, and a high likelihood that additional breaks will occur, the water -. main is proposed to be replaced. The existing 10" CIP pipe will be replaced with 8" DIP pipe. The existing pipe will be abandoned in place,''`° and the new water main installed i u approximately 2' behind the curb on the northern side of the road. The relocated water main will be approximately 8' deep and will require total reconstruction of the street, curb and gutter, and boulevard within about 10' of either side of the pipe. Overhead power poles are also located in that boulevard, but are not anticipated to be impacted by the construction. The power company may need to brace the poles during construction, at their own expense. One existing hydrant will be replaced with a new hydrant, and an additional hydrant is proposed to be added at the northern end of Comanche Road. All costs associated with the water main replacement (water main, concrete curb and gutter, gravel base, base course paving, and restoration) will be paid by the City Utility Fund. Utility Adjustment /Replacement — Sanitary /storm sewer manholes, catch basins, and gate valves will be adjusted, repaired, or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. Concrete Entrance Replacement — Some of the properties within Cedar Industrial Park were constructed with bituminous driveway entrances, or concrete aprons that are in disrepair, and are proposed to be replaced. The entrances will be reconstructed with 7" -thick concrete aprons in accordance with City standards. These replacements will provide commercial entrances of adequate strength and width, and will be consistent with similar projects in commercial /industrial areas within the project area and throughout the City. Cedar Industrial Park 6 `"( Signage - Traffic and street identification signage within the project limits has reached the end of its useful life expectancy and is in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be permanently removed. Street Lights — The street lights in the project area (maintained by Dakota Electric Association) are in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. Complete Streets — "Complete streets" is the planning, scoping, design, implementation, operation, and maintenance of roads in order to reasonably address the safety and accessibility needs of users of all ages and abilities. Complete streets considers the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial and emergency vehicles moving along and across roads, intersections, and crossings in a manner that is sensitive to the local context and recognizes that the needs vary in urban, suburban, and rural settings (MINN. STAT. 174.75, Subd. 1.). In 2010, the State of Minnesota adopted a Complete Streets policy, which encourages, but does not require local governments to adopt this policy. The MN Department of Transportation has published a Complete Streets Guidelines for Local Agencies Resource Guide (Feb. 2013). People are starting to see the need to increase physical activity or the need to transition to different transportation modes. In some instances, they may find that they do not feel safe walking or biking in their neighborhoods due to inadequate pedestrian and bicycle facilities. This heightened awareness of the need for active living, along with the desire for improved community livability and transportation options encourages planning, designing and maintenance of streets to accommodate adequate biking and walking infrastructure. The streets in this commercial /industrial area were reviewed to determine if additional Complete Streets opportunities are available and /or feasible. The streets provide access to the commercial /industrial properties in this area and have low traffic and pedestrian volumes. There is a trail along Highway 13, but no other trial connections in this area. Given the commercia17 in ustria I nature ot this area and low traffic volumes and pedestrian and bicycle usage, providing additional complete streets elements would not be necessary. Cedar Industrial Park 7 r7( Easement /Perms All work will be in the public right -of -way. No additional easements are anticipated. It is anticipated the only permit necessary will be from Mn /DOT for work within the Trunk Highway 13 right -of -way. 4�Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase rideability. The water main replacement along Comanche Road is necessary because it is in poor condition and has a history of numerous water main breaks. It is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2014 — 2018) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. a�Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2014 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Cedar industrial Park • Mill & Overlay ......... ............................... • Repair Existing Concrete Curb & Gutter • Concrete Entrance Replacement........... • Water Main Replacement ...................... Total.... ............................... ............................ $ 118,400 ............................ $ 32,100 ............................ $ 26,200 140,60 ............................ $ 317,300 Cedar Industrial Park 8 rl D - Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for industrial streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Mill & Overlay- Commercial /Industrial Repair Existing Concrete Curb & Gutter Concrete Entrance Replacement Water Main Replacement Assessment Ratio Property City 100% - - 100% 100% - - 100% Commercial /Industrial Lots — All commercial and industrial lots as shown on Figure 2 within the project area are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable, regardless of street width. The estimated cost per front foot to be assessed, based on the City's Assessment Policy, is $780/ net acre and is calculated as follows: • Total Area = 151.84 acres o 3595 Kennebec Drive is a corner lot with one lot line adjacent to a street proposed to be overlayed in 2014, and another lot line adjacent to a street proposed to be overlayed in 2015. This parcel will be assessed for both streets, however, it will receive a corner lot credit of 75 L.F. for both projects. ■ 2014 project net area — Comanche Road • Comanche Road adjacent frontage = 500' • Corner lot frontage = 500' - 75' = 425', or 85.0% • Gross area = 6.20 acres • Net area = 6.20 acres x 85% = 5.27 net acres (0.93 acres un- assessable) ■ 2015 project net area — Kennebec Drive • eK nnebec riD -'vadjacent fro�n age = • Corner lot credit = 450' — 75 = 375', or 83.3% • Gross area = 6.20 acres • Net area = 6.20 x 83.3% = 5.16 net acres (1.04 acres un- assessable) o 3580 Kennebec Drive is a parcel owned by the Metropolitan Council. It was formally a fly ash dump site, and essentially un- developable, except for a small portion of the southern side of the site. With the bus garage expansion Cedar Industrial Park 9 93 at 3600 Blackhawk Road in 2013, a parking lot was built on the southern end of the lot. For assessment purposes, this parcels assessable area is being determined by the area of the parking lot plus the required 25% green space. The remaining area is considered un- assessable. • Gross area = 9.21 acres • Developed area = 19,864 sf parking lot • Minimum net area with 25% green space = 19,864 s.f. parking lot / 0.75 max. impervious = 26,485 sf total = 0.61 acres (8.60 acres un- assessable) • Total net acres = 151.84 gross acres — 0.93 acres un- assessable — 8.6 acres un- assessable = 142.31 net acres • 142.31 Total net acres / 151.84 total acres (Commercial /Industrial) = 93.7% assessable • $118,400 (Mill and Overlay Costs) x 100% x 93.7% = $111,000 (Total Assessment) • $111,000 / 142.30 net acres= $780/ net acre The remaining Cedar Industrial Park area within the project area (0.93 acres + 8.60 acres = 9.53 acres, or 6.3 %) as described above is not assessable under the City's Assessment Policy. Driveway Entrance Replacement — The commercial and industrial lots with bituminous driveways are proposed to be assessed for the total cost of repair. The estimated cost of driveway repair is approximately $26,200 or $116/ SY and is calculated as follows: • Total area of concrete driveway apron repair = 225 SY • Total concrete driveway apron cost = $26,200 • Total cost /SY = $116/ SY Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over 10 years for commercial /industrial owners. In 2013, the interest rate was set at 3.5 %. The 2014 rate is not yet available, however, it is expected to be comparable and based on City policy which will be determined by the City Council in the spring. The following payment schedule is an example of a commercial/ industrial assessment for each $1,000 with an estimated 3.5% interest for the assessed amounts, and assumes 14 months interest for the first year. -- Principal Per Year Interest Per Year Cost Per Year First Year $100 $41 $141 Tenth Year $100 — Cedar Industrial Park 10 -1 q Bonds may be issued to finance the improvements. Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment Mill and Overlay $118,400 $111,000 Repair Existing Curb & Gutter $ 32,100 - Concrete Entrance Replacement $ 26,200 $ 26,200 Water Main Replacement $140,600 - Totals $317,300 $137,200 City Contribution $ 7,400 $ 32,100 $140,600 $180,100 • The City's Major Street Fund will finance the estimated mill & overlay and concrete curb & gutter repair deficit of $39,500 (22% of the "street" repair portion, or 12% of the total project cost). • The City's Utility Fund will finance the estimated water main replacement costs of $140,600 (100% of the "utility" replacement portion, or 44% of the total project cost). Cedar Industrial Park 11 ►� `i Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ............................. ............................... ........................January 7, 2014 Informational Meeting ........................ ............................... ........................January 27, 2014 PublicHearing ............................................................. ............................... February 3, 2014 Approve Plans and Specifications ............................. ............................... February 18, 2014 BidDate ......................................................................... ............................... March 27, 2014 AwardContract ........................................ ............................... ..........................April 1, 2014 StartConstruction .............................................................. ............................... May 1, 2014 ProjectCompletion ........................................................... ............................... August, 2014 Final Cost Report .................................... ............................... .....................September, 2014 Final Assessment Hearing ....................................................... ............................... Fall, 2014 First Payment Due with Property Tax Statement ............ ............................... May 15, 2015 Cedar industrial Park 12 "1(p Appendix A Preliminary Cost Estimate City PrniPrt 1138 r.Prlar InrlimtrinI Dark Item No. Item Unit Unit Price Ott E ost Mill Bituminous Pavement (1- 1/4" depth, 6" Width) 2357.502 Bituminous Material for Tack Coat 2360.501 Y 2360.501 Part I - Bituminous street overlay 2021.501 Mobilization 2104.505 Remove Bituminous Pavement 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6" Width) 2357.502 Bituminous Material for Tack Coat 2360.501 SP WEA340B Wearing Course Mixture (Overlay) 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2504.602 Adjust Gate Valve Box 2506.602 Adjust Frame and Ring Casting (Manhole) 2563.601 Traffic Control 2581.501 Pavement Message Arrow (Left) - Epoxy 2582.502 4" Solid Line White - Epoxy 2582.502 4" Double Solid Line Yellow - Epoxy SP -1 Signage Remove and Replace Subtotal 5 %Contingency Subtotal 30% Indirect Costs Part I - Bituminous Street Overlay LS $ 7,500.00 1 $ 7,500.00 SY $ 12.50 100 $ 1,250.00 SY $ 1.50 3030 $ 4,545.00 GAL $ 3.00 616 $ 1,848.00 TON $ 60.00 950 $ 57,000.00 TON $ 130.00 30 $ 3,900.00 EA $ 160.00 2 $ 320.00 EA $ 450.00 7 $ 3,150.00 LS $ 3,000.00 1 $ 3,000.00 EA $ 130.00 1 $ 130.00 LF $ 1.00 110 $ 110.00 LF $ 1.00 2010 $ 2,010.00 LS $ 2,000.00 1 $ 2,000.00 GAL $ 1.00 $ 86,763.00 $ 4,338.15 $ 91,101.15 $ 27,330.35 $ 118,431.50 Item No. Item Unit Unit Price Qty Estimated Cost 2104.501 Remove Concrete Curb and Gutter LF $ 7.50 Part n - Kepair txisting curb to gutter 2104.501 Remove Concrete Curb and Gutter LF $ 7.50 585 $ 4,387.50 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 130.00 15 $ 1,950.00 2506.602 Adjust Frame & Ring Casting (CB) HDPE Rings EA $ 400.00 7 $ 2,800.00 2506.602 Repair/ Grout CB or MH Invert/ Doghouses EA $ 500.00 2 $ 1,000.00 2506.602 Install 2 x3 CB Erosion Barrier Shroud EA $ 100.00 2 $ 200.00 2531.501 Concrete Curb and Gutter, B618 LF $ 16.00 570 $ 9,120.00 2531.501 Concrete Curb and Gutter, B624 LF $ 17.00 15 $ 255.00 2572.503 Application of Water for Turf Establishment GAL $ 1.00 3000 $ 3,000.00 2573.530 Storm Drain Inlet Protection FA $ 100.00 2 $ -.200_00 2575.551 Select Topsoil/ Grade 1 Compost Mix CY $ 50.00 7 $ 350.00 2575.609 Seeding (MnDOT 270 w /Type 5 Hydromulch) SY $ 3.50 65 $ 227.50 Subtotal 5% Contingency Subtotal 30% Indirect Costs Part II - Repair Existing Curb & Gutter Cedar Industrial Park 13 9`1 $ 23,490.00 $ 1,174.50 $ 24,664.50 $ 7,399.35 $ 32,063.85 Item No. Item Unit Unit Price :Est Estimated Cost Remove Bituminous Pavement 2105.501 Common Excavation 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) 2360.501 Part III - Concrete Entrance Replacement 2104.501 Remove Concrete Curb and Gutter 2104.505 Remove Concrete Driveway /Valley Gutter 2104.505 Remove Bituminous Pavement 2105.501 Common Excavation 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2531.507 7" Concrete Driveway Pavement - High Early 2531.507 Repair 7" Concrete Driveway Pavement - High Early 2575.535 Water for Turf Establishment 2575.551 Select Topsoil /Compost (Grade 1) mix 2575.604 Seeding (MnDOT 270 w /Type 5 Hydromulch) Subtotal 5% Contingency Subtotal 30% Indirect Costs Part III - Concrete Entrance Replacement LF $7.50 165 $ 1,237.50 SY $12.50 81 $ 1,012.50 SY $12.50 120 $ 1,500.00 CY $30.00 20 $ 600.00 TON $25.00 30 $ 750.00 TON $130.00 3 $ 390.00 SY $55.00 155 $ 8,525.00 SY $55.00 70 $ 3,850.00 GAL $1.00 770 $ 770.00 CY $50.00 10 $ 500.00 SY $3.50 10 $ 35.00 2105.525 Topsoil Borrow CY $ 19,170.00 $ 958.50 $ 20,128.50 $ 6,038.55 $ 26,167.05 Item No. Item Unit Unit Price Qty Estimated Cost 2104.501 Remove Concrete Curb and Gutter LF $7.50 750 $ Part Iv - Water Main Replacement 2104.501 Remove Concrete Curb and Gutter LF $7.50 750 $ 5,625.00 2104.501 Remove Ex. 12" RCP LF $10.00 20 $ 200.00 2104.505 Remove Bituminous Pavement SY $12.50 850 $ 10,625.00 2104.509 Remove Ex. Drainage Structure EA $100.00 1 $ 100.00 2104.509 Remove Ex. Valve Box EA $100.00 1 $ 100.00 2104.523 Salvage Hydrant EA $100.00 1 $ 100.00 2104.523 Salvage Casting EA $100.00 1 $ 100.00 2105.525 Topsoil Borrow CY $20.00 180 $ 3,600.00 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) (8 ") TON $15.00 400 $ 6,000.00 2360.501 SP WEA240B Wearing Course Mixture (2 Lifts) TON $ 60.00 250 $ 15,000.00 2357.502 Bituminous Material for Tack Coat GAL $ 3.00 50 $ 150.00 2503.511 12" RC Pipe Storm Sewer, Cl. V LF $ 50.00 20 $ 1,000.00 2504.602 6" Gate Valve & Box EA $1,300.00 2 $ 2,600.00 2504.602 8" Gate Valve & Box EA $1,500.00 1 $ 1,500.00 2504.602 Connect to Ex. Watermain EA $1,000.00 2 $ 2,000.00 2504.602 Hydrant EA $3,500.00 2 $ 7,000.00 2504.603 8" DIP Cl. 52 Watermain LF $50.00 767 $ 38,350.00 2504.608 Fittings LB $4.00 1000 $ 4,000.00 2506.602 Construct Catch Basin EA $2,000.00 1 $ 2,000.00 2506.521 Install Casting EA $400.00 1 $ 400.00 2575.523 Erosion Control Blanket Cat. 3 w/ seed mix 260 SY $1.50 1700 $ 2,550.00 Subtotal Cedar Industrial Park 14 9 b $ 103,000.00 5% Contingency $ 5,150.00 Subtotal $ 108,150.00 30% Indirect Costs $ 32,445.00 Part IV - Water Main Replacement $ 140,595.00 Part I - Bituminous. Street Overlay $ 118,431.50 Part 11- Repair Existing Curb & Gutter $ 32,063.85 Part III - Concrete Entrance Replacement $ 26,167.05 Part IV - Water Main Replacement $ 140,595.00 Project 1138 Total Cost $ 317,257.40 Cedar Industrial Park 15 119 Appendix B Preliminary Assessment Roll City Project 1138 Cedar Industrial Park Blackhawk Road Commercial /Industrial /Office P.I.N. Gross Acreage Net Acreage Unit Assessment Total Street Assessment Concrete Entrance Assessment Total 3575 Highway 13 10- 47285 -01 -010 4.52 4.52 $ 780 $ 3,526 $ 9,467 $ 12,993 (3575 Highway 13) 10- 47285 -00 -020 12.73 12.73 $ 780 $ 9,929 $ - $ 9,929 (3575 Highway 13) 10- 47285 -00 -010 2.62 2.62 $ 780 $ 2,044 $ - $ 2,044 3600 Blackhawk Road 10- 48752 -01 -010 7.01 7.01 $ 780 $ 5,468 $ 6,357 $ 11,825 Subtotal 26.88 26.88 $ 20,966 1 $ 15,824 $ 36,790 Kennebec Drive Commercial /Industrial /Office P.I.N. Gross Acreage Net Acreage Unit .Assessment Total Street Assessment Concrete Entrance Assessment Total 3500 Kennebec Drive 10- 90040 -00 -014 14.91 14.91 $ 780 $ 11,630 $ - $ 11,630 3565 Kennebec Drive 10- 90040 -00 -012 32.93 1 32.93 $ 780 $ 25,685 $ 10,376 $ 36,062 3580 Kennebec Drive 10- 48752 -01 -020 9.21 0.61 $ 780 $ 476 $ - $ 476 3595 Kennebec Drive 10- 90040 -00 -010 6.20 5.27 $ 780 $ 4,111 $ - $ 4,111 Subtotal 63.25 53.72 $ 41,902 $ 10,376 $ 52,278 Comanche Road Commercial /Industrial /Office P.I.N. Gross Net Unit Total Street Concrete Entrance Total Acreage Acreage Assessment Assessment Assessment 3750 Plant Road 10- 67150 -01 -010 61.71 61.71 $ 780 $ 48,134 $ $ 48,134 Subtotal 61.71 61.71 $ 48,134 $ $ 48,134 Total Assessments 151.84 142.31 - $ 111,002 $ 26,200 $ 137,202 Commercial /Industrial /Office Area 142.31 Non - Assessable Area 9.53 Total Area 151.84 93.7% 6.3% 100.0% Cedar Industrial Park 16 00 TOIN, f FV Vt • Nv, I zi -AL ffl�l KW uiv aw Jr Yr W,� 711' A X- - 4 V-5 60' ROW 32'(F-F) COMANCHE RD. 44'(F-F) BLACKHAWK RD./ KENNEBEC DR. 41/2" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section 60' ROW 32'(F-F) COMANCHE RD. EDGE MILL 44'(F-F) BLACKHAWK RD./ KENNEBEC DR. (6' -8' wide) Typ. EX. B618 CURB & GUTTER 11/2" TYPE 2360 BITUMINOUS OVERLAY REPLACE EX. CURB & __� L- BITUMINOUS TACK COAT GUTTER AS DIRECTED ,1, 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section RECONSTRUCT NORTHEASTERLY COMANCHE RD. Cedar Industrial Park City of Eap Street Revitalization - Project 1138 Fig. 3 Engineering Department Typical Sections Agenda Information Memo February 3, 2014 Eagan City Council Meeting PUBLIC HEARING C. PROJECT 1114, CEDAR GROVE ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1114 (Cedar Grove Additions - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past 24 years, the City has rehabilitated approximately 214 miles of local streets. • The resurfacing of the Cedar Grove Additions, residential neighborhood streets in west - central Eagan, has been programmed for 2014 in the City's 5 -Year Capital Improvement Program. • On June 4, 2013, the City Council directed staff to prepare a feasibility report considering a rehabilitation of these streets. • On January 7, 2014, the feasibility report for Project 1114 was presented to the City Council and a Public Hearing was scheduled for February 3 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 27 for the adjacent property owners to discuss the proposed improvements. Of the 679 parcels proposed to be assessed under this improvement, 11 people representing 8 properties attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: _ • Feasibility Report, pages 86 through la3 . • Neighborhood Meeting Minutes, pages lad through 1lp . sF ix., � FT��" ,S `�. � ! � <i'd t ' { i_.!� r e)i � � � �� _.. •3 �� � �yec - � V ko, a #9 ii N+ t �� 1p �£�'4 1, t 3 a j = �r i z.z - 1 IN It �++,- NOy A X 1+i 3.�, -,.a+e +f Y- rte' e 4 • _ _ t �-., � _ C F \ \� �R�.r- •--„ -- '-^'tea _rF- � t � a �- - .r ,i i 0 u.'' s� +fi � t \ - .. � , C '✓. a\ .,.s { � 411� City of Evan 61w To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: January 7, 2014 Re: Cedar Grove Additions Street Revitalization City Project No.: 1114 Attached is the feasibility report for the Cedar Grove Additions Street Revitalization, City Project No. 1114. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at you convenience to review and discuss the contents of this report. Reviewed By: Q&�- 4-74 Depa ment of Public Works Reviewed By: Financ t partment /► , I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. i Aaron Nelson Date: 2 ( Reg. No. 45795 Date: V20 Date: f TABLE OF CONTENTS ExecutiveSummary ...................................................................... ............................... 1 Introduction /History .................................................................... ............................... 2 Scope............................................................................................. ..............................3 Area'io Be Included ....................................................................... ..............................3 StreetPavement Evaluation ........................................................... ..............................3 ProposedImprovements ................................................................ ..............................4 Easements/ Permits ........................................................................ ..............................7 Feasibility /Recommendations ........................................................ ..............................7 CostEstimate ................................................................................. ..............................8 Assessments.................................................................................. ..............................8 AssessmentFinancing Options ....................................................... .............................10 RevenueSource ............................................................................. .............................11 ProjectSchedule ............................................................................ .............................11 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement /Assessment Area Map - 3 Typical Section — Mill & Overlay If Executive Summary Backeround Project Name Cedar Grove Additions Project # 1114 Street Area 152,660 sq. yds. Street Length 38,665 feet mill & 1 -1/2" overlay) Improvement Constructed 1966 -69, 1970, 1972 -74, 1976, Parking Lot Overlay $ 27,400 Numerous within; • Replacement of damaged curb & 1981, 1989 10% Cedar Grove 5th _ 7th Low- Density (R -1) Lots 626 Streets Included Cedar Grove 9th _ 11th Reconstructed 1992 -94 Crack Sealed - • Utility castings Ken Appelbaum 4 Briar Hill 3rd Commercial/ Industrial 1 • Street signage City Owned Parcels 6 Seal Coated 1988, 1997 -98, 2007 -08 Absolute Location Section 20 Relative Location South of Silver Bell Road Township 27, Range 23 East of Rahn Road Project Details • Roadway and parking lot resurfacing PCI Rating 46/100 (combination of full -width and edge- $ 855,200 $ 840,100 Recommended Patch /Repair mill & 1 -1/2" overlay) Improvement and Overlay • Signage replacement Parking Lot Overlay $ 27,400 - • Replacement of damaged curb & Curb Removal 10% Scope gutter Low- Density (R -1) Lots 626 • Adjustment /Replacement of: Low - Density (R -2) Units 10 • Sanitary /Storm sewer Low - Density (R -3) Units 32 • Utility castings High- Density Residential Parcels 4 • Water gate valves Commercial/ Industrial 1 • Street signage City Owned Parcels 6 Cost Estimate/ Revenue Cedar Grove Additions 1 Property City Mill & Overlay w/ Signage $ 1,695,300 $ 855,200 $ 840,100 Repair Existing Concrete Curb & Gutter $ 455,400 - $ 455,400 Concrete Entrance Repairs $ 1,800 $ 1,800 - Parking Lot Overlay $ 27,400 - $ 27,400 Total $ 2,179,900 $ 857,000 (39 %) $ 1,322,900 (61 %) Cedar Grove Additions 1 January 7, 2014 Neighborhood Street Revitalization Cedar Grove Additions Eagan, Minnesota 1;�> Introduction History Pavement Management - As a part of Eagan's Pavement Management Program (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 7 -miles of streets in Cedar Grove 5th -7th 9th_111h, Ken Appelbaum, & Briar Hill 3 d, in west - central Eagan, have been identified for 2014 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets in this residential area were constructed between 1966 and 1976, and reconstructed between 1992 and 1994. All streets are classified as local residential streets, except Carnelian Lane, which is classified as a 32' wide collector roadway based on connectivity of the transportation system. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Overlaying the roadway located within the project area, which is currently in the 20 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that these streets were seal coated in 1988, 1997 -1998, and 2007 -08. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. Cedar Grove Additions 2 el� Infrastructure Review - The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer pipes and other structures) in the project area and determined the underground systems are generally in good working order and that no major repairs are necessary. To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right -of- way and easements such as street lights, utility boxes, and above ground storm water ponds /access, and pedestrian features were evaluated. The rehabilitation of City- maintained items is included in this project, if needed. d ;Sco This project will provide resurfacing (combination of full -width and edge -mill and overlay) for approximately 7 miles of roadway. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, and replacement of street signage. 1;�>Area to Be Included Properties included in the project lie within Section 20, lying south of Silver Bell Road, east of Rahn Road, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. a; Street Pavement Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56-100 Routine Maintenance /Crack Seal /Seal Coat 36-55 Patch /Repair and /or Overlay 0-35 Reconstruct/ Reclaim The 2013 PCI rankings for the street segments have a weighted average pavement condition rating of 46 for this area, which falls in the "Patch /Repair and /or Overlay" category, as Cedar Grove Additions 3 cj 0 mentioned above. The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2014 construction season is the optimal time to construct the bituminous overlay on this street. Any delay of the project may reduce the structural benefit to the street sections and require more substantial rehabilitation. n; Proposed Improvements Pavement - The proposed street improvements for these neighborhoods are shown in Figure 3. The existing - street section for this roadway consists A of 3 bituminous pavement supported` - by 6" gravel base. The existing�>= bituminous surface will be milled adjacent to the existing curb and gutter ► s (6' -8' wide) to accommodate a 1% -inch bituminous overlay. The overlay, j: combined with the existing street section, will provide a street section consistent with current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 10% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced with seed. While the contractor who performs the work is responsible for its establishment (45 days for seed), adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Cedar Grove Additions 4 Ot� Utility Adjustment /Replacement — Sanitary /storm sewer manholes, catch basins, and gate valves will be adjusted, repaired, or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. Sidewalk /Path & Pedestrian Ramp — Revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including street surface improvements. The most common method of providing this detectable warning is through the installation of sj J, truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of truncated dome pedestrian ramps along the existing trail where they currently do not exist. Cedar Grove Additions 5 q Signage - Traffic and street identification signage within the project limits has reached the end of its useful Fife expectancy and is in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be permanently removed. Street Lights —The majority of the neighborhood has street lights at intersections. The existing lights in the project area (maintained by Dakota Electric Association) are in good condition and provide adequate coverage. No modifications or additions to the existing street lights are proposed. Additional lighting can be installed if petitioned and paid for by the neighborhood. Carnelian Park Parking Lot Overlay —The parking lot at Carnelian Park is scheduled for a 1 -1/2" overlay in 2014. Because the improvements are similar in scope, and a contractor will be working in the neighborhood, it is proposed to overlay the parking lot with street overlay project and pay all associated costs 100% with city funds. Complete Streets — "Complete streets" is the planning, scoping, design, implementation, operation, and maintenance of roads in order to reasonably address the safety and accessibility needs of users of all ages and abilities. Complete streets considers the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial and emergency vehicles moving along and across roads, intersections, and crossings in a manner that is sensitive to the local context and recognizes that the needs vary in urban, suburban, and rural settings (MINN. STAT. 174.75, Subd. 1.). In 2010, the State of Minnesota adopted a Complete Streets policy, which encourages, but does not require local governments to adopt this policy. The MN Department of Transportation has published a Complete Streets Guidelines for Local Agencies Resource Guide (Feb. 2013). People are starting to see the need to increase physical activity or the need to transition to different transportation modes. In some instances, they may find that they do not feel safe walking or biking in their neighborhoods due to inadequate pedestrian and bicycle facilities. This heightened awareness of the need for active living, along with the desire for improved community livability and transportation options encourages planning, designing and maintenance of streets to accommodate adequate biking and walking infrastructure. The streets in this neighborhood were reviewed to determine if additional Complete Streets opportunities are available and /or feasible. The streets are relatively narrow with the majority being 32 feet wide, except for Turquoise Trail, which is 40 -feet wide. All the streets have relatively low traffic volumes and limited access points. There are existing trails at Woodhaven Park and Carnelian Park, and along Rahn Road, Gold Trail, Silver Bell Road, and Blackhawk Road that connect pedestrians to the City and regional trail system. The pedestrian curb ramps at the Cedar Grove Additions 6 ©l) intersecting trails will be replaced to meet current ADA design standards. Given the existing and proposed elements available for all users, the streets in this neighborhood meet the intent of the Complete Streets guidelines. Two streets in this neighborhood are somewhat unique as they are direct east /west connections between Rahn Road and Blackhawk Road. These streets are Carnelian Lane and Turquoise Trail. Carnelian Lane is a 32 foot wide street fronted by single family homes with direct driveway access, and traffic volumes of approximately 1,400 vehicles per day. This road is classified as a collector roadway, but does not experience nearly the amount of traffic most collector roadways in the city do. There is no history of traffic or pedestrian concerns, however, following city policy, collector roadways can be considered for construction of a city funded trail. Although no trail improvements are proposed, consideration would be given if petitioned by the neighborhood. Because Carnelian Lane is a collector roadway, the trail costs would be funded 100% by the city. Turquoise Trail is a 40 foot wide residential street fronted by single family homes with direct driveway access, and traffic volumes of approximately 1,100 to 1,300 vehicles per day. Speed studies have not been performed, but wider streets typically have higher traffic speeds than narrower streets. However, there is no history of traffic or pedestrian concerns on this roadway. Although no trail improvements are proposed, consideration would be given if petitioned by the neighborhood. Any trail related costs would be assessed 100% to the benefited property owners, and significant disturbance to the boulevard and driveways would be expected. 4¢� Easement Permits All work will be in the public right -of -way. No additional easements are anticipated. It is anticipated that no permits will be required for the resurfacing project. Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase rideability. It is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. Cedar Grove Additions 7 (�q This project is in accordance with the Five Year Capital Improvement Plan (2014 — 2018) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. 1;�>Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2014 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Cedar Grove Additions • Mill & Overlay w/ Signage ........................ ..............................$ 1,695,300 • Repair Existing Concrete Curb & Gutter .. ..............................$ 455,400 • Concrete Entrance Repairs ...................... ..............................$ 1,800 • Carnelian Park Parking Lot Overlay ........................................ $_ 27,400 Total...................................................... ............................... $ 2,179,900 �Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for residential streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Mill & Overlay - Low- Density Residential (R- 1,2,3) Mill & Overlay- High- Density Residential (R4) Mill & Overlay - Neighborhood Park Repair Existing Concrete Curb & Gutter Concrete Entrance Repairs Carnelian Park Parking Lot Overlay Assessment Ratio Property City 50% 50% 75% 25% 50% 50% - 100% 100% 100% Residential — All residential lots (626 total R -1 single - family residential lots, 10 R -2 residential units, 32 R -3 residential units, and 4 R -4 residential parcels), as shown on Figure 2, having access on to the street to be improved are proposed to be assessed. The City's Assessment Policy states that 50% (R1 -R3) and 75% (R4) of the mill and overlay costs are assessable for local residential streets, and collector roadways based on a standard 32 -foot width. The estimated cost per residential lot /unit based on the City's Assessment Policy is calculated as follows: Cedar Grove Additions 8 q S • R -1, R -2, & R -3 Residential ■ 1 R -1 lot = 1 Equivalent Residential Unit (ERU) ■ 1 R -2 unit = 1 ERU ■ 1 R -3 unit = 0.75 ERU ■ TOTAL NUMBER OF ERU'S = 626 R -1 + 10 R -2 + (32 x 0.75) R -3 = 660 ERU's 0 71,524' R1 -R3 Frontage / 77,330' Total Frontage = 92.49% o $1,695,300 (Mill & Overlay Costs) x 50% x 92.49% _ $783,991 (Total R1 -R3 Assessment) o $783,991 / 660 ERU's = $1,188/ ERU Rounded Total ■ R -1 = $1,188/ lot . ...........................(626 lots total) $743,688 ■ R -2 = $1,188/ unit .......................... (10 units total) $ 11,880 ■ R -3 = $891/ unit ............................ (32 units total) 28,512 • R -4 Residential ■ R -4 parcels will be assessed for their total frontage and distributed by net area of each parcel 0 2,221' R4 Frontage / 77,330' Total Frontage = 2.87% o $1,695,300 (Mill & Overlay Costs) x 75% x 2.87% _ $36,491 (Total R4 Assessment) o $36,491 / 24.97 acres = $1,461/ acre $ 36,481 Commercial /Industrial Parcels — All commercial and industrial lots as shown on Figure 2 within the project area are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable, regardless of street width. The estimated cost per front foot to be assessed, based on the City's Assessment Policy, is $22.18/ F.F. and is calculated as follows: • Commercial/ Industrial 0 107' C/I Frontage / 77,330' Total Frontage = 0.14% o $1,695,300 (Mill & Overlay Costs) x 100% x 0.14% _ $2,373 (Total Assessment) o $2,373 / 107 F.F. _ $22.18/ F.F. Neighborhood Parks — All City parks (Woodhaven Park, Carnelian Park, Peridot Path Park, and outlot D adjacent to Peridot Path Park) adjacent to the project area, as shown in Figure 2, are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable to parks, based on a standard 32 -foot width. The estimated cost per front foot to be assessed, based on the City's Assessment Policy, is $10.96 /front foot and is calculated as follows; Cedar Grove Additions 9 q(_0 2,940' Parks Frontage/ 77,330' Total Frontage = 3.80% $1,695,300 (Mill & Overlay Costs) x 50% x 3.80% = $32,211 (Total Parks Assessment) $32,211 / 2,940' = $10.96/ Front Foot $ 32,222 The remaining frontage within the project area (538' or 0.70 %) is either sideyard or backyard property with no driveway accesses, and therefore not assessable under the City's Assessment Policy. Driveway Entrance Repairs - Any commercial /industrial or R -4 lots with concrete entrance aprons in need of repair are proposed to be assessed for the total cost of repair. One driveway on an R -4 lot is proposed to be repaired. The estimated cost of driveway repair is approximately $1,800 or $100/ SY and is calculated as follows: Total area of concrete driveway apron repair = 18 SY Total concrete driveway apron cost = $1,800 Total cost /SY = $100 /SY 4�Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over five years for all properties. In 2013, the interest rate was set at 3.5 %. The 2014 rate is not yet available, however, it is expected to be comparable and based on City policy which will be determined by the City Council in the spring. The following payment schedule is an example of a single family assessment of $1,188 with an estimated 3.5% interest for the assessed amounts, and assumes 14 months interest for the first year: T[— P Principal Per Year I Interest Per Year C Cost Per Year FFirst Year —� $ $238 ( (— -- $48 �F $ $286 FFifth Year $ $238___ - -�- - -� Bonds may be issued to finance the improvements. Cedar Grove Additions 10 q9 4�'Revenue Source A summary of revenue sources is listed below: Informational Meeting ........................ ............................... ........................January 27, 2014 Public Hearing ............................................................. ............................... February 3, 2014 Approve Plans and Specifications ............................. ............................... February 18, 2014 BidDate ......................................................................... ............................... March 27, 2014 AwardContract ........................................ ............................... ..........................April 1, 2014 StartConstruction .............................................................. ............................... May 1, 2014 ProjectCompletion ........................................................... ............................... August, 2014 FinalCost Report .................................... ............................... .....................September, 2014 Final Assessment Hearing ....................................................... ............................... Fall, 2014 First Payment Due with Property Tax Statement ............ ............................... May 15, 2015 Cedar Grove Additions 11 �,� Project Cost Property Assessment City Contribution Mill and Overlay (Including Signage) $ 1,695,300 $ 855,200 $ 840,100 Repair Existing Curb & Gutter $ 455,400 - $ 455,400 Concrete Entrance Repairs $ 1,800 $ 1,800 - Parking Lot Overlay $ 27,400 - $ 27,400 Totals $ 2,179,900 $ 857,000 $ 1,322,900 The City's Major Street Fund will finance the estimated project deficit of $1,322,900 (61% of total). 1;�>Project Schedule Present Feasibility Report to City Council/ Order Public Hearing .............................. ............................... .......................January 7, 2014 Informational Meeting ........................ ............................... ........................January 27, 2014 Public Hearing ............................................................. ............................... February 3, 2014 Approve Plans and Specifications ............................. ............................... February 18, 2014 BidDate ......................................................................... ............................... March 27, 2014 AwardContract ........................................ ............................... ..........................April 1, 2014 StartConstruction .............................................................. ............................... May 1, 2014 ProjectCompletion ........................................................... ............................... August, 2014 FinalCost Report .................................... ............................... .....................September, 2014 Final Assessment Hearing ....................................................... ............................... Fall, 2014 First Payment Due with Property Tax Statement ............ ............................... May 15, 2015 Cedar Grove Additions 11 �,� Appendix A Preliminary Cost Estimate City Proiect 1114 Cedar Grove Additions Item No. Item Unit Unit Et s Estimated 2021.501 Mobilization LS Price Qty Cost Part I - Bituminous Street Overlay 2021.501 Mobilization LS $ 20,000.00 1 $ 20,000.00 2104.505 Remove Bituminous Pavement SY $ 12.50 1500 $ 18,750.00 2105.501 Common Excavation CY $ 30.00 250 $ 7,500.00 2211.501 6" Aggregate Base, CI. 5 (100% Crushed) TON $ 25.00 150 $ 3,750.00 2232.501 Mill Bituminous Pavement (1 -1/4" depth, 6" Width) SY $ 1.50 53000 $ 79,500.00 2357.502 Bituminous Material for Tack Coat GAL $ 3.00 9130 $ 27,390.00 2360.501 SP WEA340B Wearing Course Mixture (Overlay) TON $ 60.00 14100 $ 846,000.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 130.00 365 $ 47,450.00 2504.602 Adjust Gate Valve Box EA $ 160.00 55 $ 8,800.00 2504.602 Repair Gate Valve Mid Section EA $ 350.00 15 $ 5,250.00 2504.602 Repair Gate Valve Top Section w /Cover EA $ 300.00 25 $ 7,500.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $ 450.00 180 $ 81,000.00 2506.602 Adjust Manhole Casting - Riser Adjustment EA $ 225.00 48 $ 10,800.00 2506.602 Remove & Replace Frame & Ring Casting (27 ") EA $ 825.00 5 $ 4,125.00 2563.601 Traffic Control LS $ 15,000.00 1 $ 15,000.00 SP -1 Signage Remove and Replace LS $ 59,150.00 1 $ 59,150.00 Subtotal $ 1,241,965.00 5% Contingency $ 62,098.25 Subtotal 1,304,063.25 30% Indirect Costs $ 391,218.98 Part I - Bituminous Street Overlay $ 1,695,282.23 Cedar Grove Additions 12 Ckq -F Item Item No. Unit Unit Est Estimated 2104.501 Remove Concrete Curb and Gutter Price Qty Cost Part II - Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb and Gutter LF $ 7.50 8020 $ 60,150.00 2104.503 Remove Bituminous Trail Pavement SF $ 2.50 430 $ 1,075.00 2104.503 Remove Concrete Sidewalk (4 ") SF $ 4.00 220 $ 880.00 2104.505 Remove Concrete Driveway /Valley Gutter SY $ 12.50 98 $ 1,225.00 2104.505 Remove Bituminous Pavement SY $ 12.50 200 $ 2,500.00 2104.523 Salvage Casting EA $ 100.00 2 $ 200.00 2105.501 Common Excavation CY $ 30.00 10 $ 300.00 2211.501 6" Aggregate Base, Cl. 5 (100% Crushed) TON $ 25.00 10 $ 250.00 2357.502 Bituminous Material for Tack Coat GAL $ 3.00 55 $ 165.00 2360.501 SP WEA240B Wearing Course Mixture (Trail /Parking Lot Overlay) TON $ 70.00 85 $ 5,950.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 130.00 240 $ 31,200.00 2504.602 Irrigation Repair EA $ 125.00 30 $ 3,750.00 2506.521 Install Casting EA $ 350.00 2 $ 700.00 2506.602 Adjust Frame & Ring Casting (CB) HDPE Rings EA $ 400.00 84 $ 33,600.00 2506.602 Remove & Replace Casting (Catch Basin) EA $ 825.00 5 $ 4,125.00 2506.602 Remove & Replace CBMH Structure w /Cstg (4' Dia.) EA $ 4,000.00 1 $ 4,000.00 2506.602 Remove & Replace CB Structure (2' x 3') EA $ 3,000.00 1 $ 3,000.00 2506.602 Repair/ Grout CB or MH Invert/ Doghouses EA $ 500.00 20 $ 10,000.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $ 100.00 10 $ 1,000.00 2521.501 6" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset SF $ 6.50 285 $ 1,852.50 2521.501 4" Concrete Sidewalk SF $ 5.00 140 $ 700.00 2531.501 Concrete Curb & Gutter B612 LF $ 15.00 225 $ 3,375.00 2531.501 Concrete Curb and Gutter, B618 LF $ 16.00 1170 $ 18,720.00 2531.501 Concrete Curb and Gutter, D412 LF $ 15.00 6565 $ 98,475.00 2531.501 Concrete Curb and Gutter, Surmountable LF $ 15.50 55 $ 852.50 2531.507 Concrete Valley Gutter - High Early SY $ 55.00 98 $ 5,390.00 2531.618 Truncated Dome Detectable Warning Paver (2x2) EA $ 150.00 19 $ 2,850.00 2540.602 Repair Underground Electric Fence EA $ 100.00 30 $ 3,000.00 2540.602 Repair Landscaping EA $ 250.00 15 $ 3,750.00 2572.503 Application of Water for Turf Establishment GAL $ 1.00 40500 $ 40,500.00 2573.530 Storm Drain Inlet Protection EA $ 100.00 20 $ 2,000.00 2575.551 Select Topsoil/ Grade 1 Compost Mix TON $ 50.00 100 $ 5,000.00 2575.609 Seeding (MnDOT 270 w /Type 5 Hydromulch) SY $ 3.50 900 $ 3,150.00 Subtotal $ 353,685.00 5% Contingency $ 17,684.25 Subtotal $ 371,369.25 30% Indirect Costs $ 111,410.78 Cedar Grove Additions 13 Ir Part II - Repair Existing Curb & Gutter (includes $27,423 for parking lot overlay costs) Part III - Concrete Entrance Repairs 2104.505 Remove Concrete Driveway /Valley Gutter 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2531.507 Repair 7" Concrete Driveway Pavement - High Early Subtotal 5% Contingency Subtotal 30% Indirect Costs Part III - Concrete Entrance Repairs Part I - Bituminous Street Overlay Part II - Repair Existing Curb & Gutter Part III - Concrete Entrance Repairs Project 1114 Total Cost Cedar Grove Additions 14 Gl SY $12.50 18 TON $130.00 1 SY $55.00 18 $ 482,780.03 $ 225.00 $ 130.00 $ 990.00 $ 1,345.00 $ 67.25 $ 1,412.25 $ 423.68 $ 1,835.93 $ 1,695,282.23 $ 482,780.03 $ 1,835.93 $ 2,179,898.18 Appendix B Preliminary Assessment Roll Project 1114 - Cedar Grove Additions Amethyst Lane R -1 Residential P.I.N. otlent Rate/ Lot Total Equivalent 3991 Amethyst Lane 10- 16704 -05 -010 1 $ 1,188 $ 1,188 4071 Amethyst Lane 10- 16704 -11 -070 1 $ 1,188 $ 1,188 4065 Amethyst Lane 10- 16704 -11 -060 1 $ 1,188 $ 1,188 4059 Amethyst Lane 10- 16704 -11 -050 1 $ 1,188 $ 1,188 4053 Amethyst Lane 10- 16704 -11 -040 1 $ 1,188 $ 1,188 4041 Amethyst Lane 10- 16704 -11 -030 1 $ 1,188 $ 1,188 4035 Amethyst Lane 10- 16704 -11 -020 1 $ 1,188 $ 1,188 4034 Amethyst Lane 10- 16704 -10 -170 1 $ 1,188 $ 1,188 4040Amethyst.Lane 10- 16704 -10 -180 1 $ 1,188 $ 1,188 4046 Amethyst Lane 10- 16704 -10 -190 1 $ 1,188 $ 1,188 4052 Amethyst Lane 10- 16704 -10 -200 1 $ 1,188 $ 1,188 4058 Amethyst Lane 10- 16704 -10 -210 1 $ 1,188 $ 1,188 4064 Amethyst Lane 10- 16704 -10 -220 1 $ 1,188 $ 1,188 4070 Amethyst Lane 10- 16704 -10 -230 1 $ 1,188 $ 1,188 3928 Beryl Road Subtotal 14 $ 1,188 $ 16,632 Beryl Road R -1 Residential P.I.N. otlent Rate/ Lot Total Equ 4070 Beryl Road 10- 16704 -05 -140 1 $ 1,188 $ 1,188 4064 Beryl Road 10- 16704 -05 -130 1 $ 1,188 $ 1,188 4058 Beryl Road 10- 16704 -05 -120 1 $ 1,188 $ 1,188 4052 Beryl Road 10- 16704 -05 -110 1 $ 1,188 $ 1,188 4046 Beryl Road 10- 16704 -05 -100 1 $ 1,188 $ 1,188 4040 Beryl Road 10- 16704 -05 -090 1 $ 1,188 $ 1,188 4034 Beryl Road 10- 16704 -05 -080 1 $ 1,188 $ 1,188 3984 Beryl Road 10- 16704 -02 -100 1 $ 1,188 $ 1,188 3964 Beryl Road 10- 16704 -02 -090 1 $ 1,188 $ 1,188 3958 Beryl Road 10- 16704 -02 -080 1 $ 1,188 $ 1,188 3952 Beryl Road 10- 16704 -02 -070 1 $ 1,188 $ 1,188 3946 Beryl Road 10- 16704 -02 -060 1 $ 1,188 $ 1,188 3940 Beryl Road 10- 16704 -02 -050 1 $ 1,188 $ 1,188 3934 Beryl Road 10- 16704 -02 -040 1 $ 1,188 $ 1,188 3928 Beryl Road 10- 16704 -02 -030 1 $ 1,188 $ 1,188 3922 Beryl Road 10- 16704 -02 -020 1 $ 1,188 $ 1,188 3917 Beryl Road 10- 16704 -01 -.210 1 $ 1,188 $ 1,188 3923 Beryl Road 10- 16704 -01 -220 1 $ 1,188 $ 1,188 3947 Beryl Road 10- 16704 -03 -010 1 $ 1,188 $ 1,188 3953 Beryl Road 10- 16704 -03 -020 1 $ 1,188 $ 1,188 3959 Beryl Road 10- 16704 -03 -030 1 $ 1,188 $ 1,188 3965 Beryl Road 10- 16704 -03 -040 1 $ 1,188 $ 1,188 Cedar Grove Additions 15 1 o 3973 Beryl Road 10- 16704 -03 -050 1 $ 1,188 $ 1,188 3979 Beryl Road 10- 16704 -03 -060 10- 16706 -09 -110 1 $ 1,188 $ 1,188 3985 Beryl Road 10- 16704 -03 -070 1,188 1 $ 1,188 $ 1,188 3991 Beryl Road 10- 16704 -03 -080 1779 Bluestone Drive E 1 $ 1,188 $ 1,188 3997 Beryl Road 10- 16704 -03 -090 $ 1 $ 1,188 $ 1,188 4035 Beryl Road 10- 16704 -04 -020 1,188 1 $ 1,188 $ 1,188 4041 Beryl Road 10- 16704 -04 -030 1 1 $ 1,188 $ 1,188 4047 Beryl Road 10- 16704 -04 -040 $ 1 $ 1,188 $ 1,188 4053 Beryl Road 10- 16704 -04 -050 10- 16706 -09 -060 1 $ 1,188 $ 1,188 4059 Beryl Road 10- 16704 -04 -060 1,188 1 $ 1,188 $ 1,188 4065 Beryl Road 10- 16704 -04 -070 1799 Bluestone Drive E 1 $ 1,188 $ 1,188 4071 Beryl Road 10- 16704 -04 -080 $ 1 $ 1,188 $ 1,188 1 $ 1,188 Subtotal 1,188 34 10- 16706 -09 -030 1 $ 40,392 Blackhawk Road R -1 Residential P.I.N. Equivalent Rate/ Lot Total ot 4055 Blackhawk Road 10- 16706 -09 -120 1 $ 1,188 $ 1,188 Subtotal 1 $ 1,188 Bluestone Drive East R -1 Residential P.I.N. Rate/ Lot Total EquLotlent 1774 Bluestone Drive E 10- 16706 -09 -110 1 $ 1,188 $ 1,188 1775 Bluestone Drive E 10- 16706 -08 -160 1 $ 1,188 $ 1,188 1778 Bluestone Drive E 10- 16706 -09 -100 1 $ 1,188 $ 1,188 1779 Bluestone Drive E 10- 16706 -08 -170 1 $ 1,188 $ 1,188 1782 Bluestone Drive E 10- 16706 -09 -090 1 $ 1,188 $ 1,188 1783 Bluestone Drive E 10- 16706 -08 -180 1 $ 1,188 $ 1,188 1786 Bluestone Drive E 10- 16706 -09 -080 1 $ 1,188 $ 1,188 1787 Bluestone Drive E 10- 16706 -08 -190 1 $ 1,188 $ 1,188 1790 Bluestone Drive E 10- 16706 -09 -070 1 $ 1,188 $ 1,188 1791 Bluestone Drive E 10- 16706 -08 -200 1 $ 1,188 $ 1,188 1794 Bluestone Drive E 10- 16706 -09 -060 1 $ 1,188 $ 1,188 1795 Bluestone Drive E 10- 16706 -08 -210 1 $ 1,188 $ 1,188 1798 Bluestone Drive E 10- 16706 -09 -050 1 $ 1,188 $ 1,188 1799 Bluestone Drive E 10- 16706 -08 -220 1 $ 1,188 $ 1,188 1802 Bluestone Drive E 10- 16706 -09 -040 1 $ 1,188 $ 1,188 1803 Bluestone Drive E 10- 16706 -08 -230 1 $ 1,188 $ 1,188 1806 Bluestone Drive E 10- 16706 -09 -030 1 $ 1,188 $ 1,188 1807 Bluestone Drive E 10- 16706 -08 -240 1 $ 1,188 $ 1,188 1810 Bluestone Drive E 10- 16706 -09 -020 1 $ 1,188 $ 1,188 1811 Bluestone Drive E 10- 16706 -08 -250 1 $ 1,188 $ 1,188 1815 Bluestone Drive E 10- 16706 -08 -260 1 $ 1,188 $ 1,188 1818 Bluestone Drive E 10- 16706 -09 -010 1 $ 1,188 $ 1,188 1819 Bluestone Drive E 10- 16706 -08 -270 1 $ 1,188 $ 1,188 Subtotal 23 $ 27,324 Cedar Grove Additions 16 �C-) Calcite Drive R -1 Residential P.I.N. Rate/ Lot Total Equ voalent 3876 Calcite Drive 10- 16708 -02 -030 1 $ 1,188 $ 1,188 3884 Calcite Drive 10- 16708 -02 -040 1 $ 1,188 $ 1,188 3885 Calcite Drive 10- 16708 -02 -020 1 $ 1,188 $ 1,188 3892 Calcite Drive 10- 16708 -02 -050 1 $ 1,188 $ 1,188 3893 Calcite Drive 10- 16708 -02 -010 1 $ 1,188 $ 1,188 3903 Calcite Drive 10- 16705 -01 -010 1 $ 1,188 $ 1,188 3909 Calcite Drive 10- 16705 -03 -180 1 $ 1,188 $ 1,188 3916 Calcite Drive 10- 16705 -03 -150 1 $ 1,188 $ 1,188 3917 Calcite Drive 10- 16705 -03 -170 1 $ 1,188 $ 1,188 3926 Calcite Drive 10- 16705 -03 -160 1 $ 1,188 $ 1,188 1811 Carnelian Lane Subtotal 10 $ 1,188 $ 11,880 Carnelian Lane R -1 Residential P.I.N. Rate/ Lot Total EquLotlent 1771 Carnelian Lane 10- 16706 -09 -130 1 $ 1,188 $ 1,188 1775 Carnelian Lane 10- 16706 -09 -140 1 $ 1,188 $ 1,188 1779 Carnelian Lane 10- 16706 -09 -150 1 $ 1,188 $ 1,188 1783 Carnelian Lane 10- 16706 -09 -160 1 $ 1,188 $ 1,188 1787 Carnelian Lane 10- 16706 -09 -170 1 $ 1,188 $ 1,188 1791 Carnelian Lane 10- 16706 -09 -180 1 $ 1,188 $ 1,188 1795 Carnelian Lane 10- 16706 -09 -190 1 $ 1,188 $ 1,188 1799 Carnelian Lane 10- 16706 -09 -200 1 $ 1,188 $ 1,188 1803 Carnelian Lane 10- 16706 -09 -210 1 $ 1,188 $ 1,188 1807 Carnelian Lane 10- 16706 -09 -220 1 $ 1,188 $ 1,188 1811 Carnelian Lane 10- 16706 -09 -230 1 $ 1,188 $ 1,188 1823 Carnelian Lane 10- 16706 -01 -260 1 $ 1,188 $ 1,188 1824 Carnelian Lane 10- 16706 -05 -200 1 $ 1,188 $ 1,188 1827 Carnelian Lane 10- 16706 -01 -250 1 $ 1,188 $ 1,188 1830 Carnelian Lane 10- 16706 -05 -130 1 $ 1,188 $ 1,188 1831 Carnelian Lane 10- 16706 -01 -240 1 $ 1,188 $ 1,188 1835 Carnelian Lane 10- 16706 -02 -130 1 $ 1,188 $ 1,188 1839 Carnelian Lane 10- 16706 -02 -140 1 $ 1,188 $ 1,188 1842 Carnelian Lane 10- 16706 -04 -050 1 $ 1,188 $ 1,188 1843 Carnelian Lane 10- 16706 -02 -150 1 $ 1,188 $ 1,188 1846 Carnelian Lane 10- 16706 -04 -040 1 $ 1,188 $ 1,188 1847 Carnelian Lane 10- 16706 -02 -160 1 $ 1,188 $ 1,188 1850 Carnelian Lane 10- 16706 -04 -030 1 $ 1,188 $ 1,188 1851 Carnelian Lane 10- 16706 -02 -170 1 $ 1,188 $ 1,188 1854 Carnelian Lane 10- 16706 -04 -020 1 $ 1,188 $ 1,188 1855 Carnelian Lane 10- 16706 -02 -180 1 $ 1,188 $ 1,188 1859 Carnelian Lane 10- 16706 -02 -190 1 $ 1,188 $ 1,188 1862 Carnelian Lane 10- 16706 -04 -010 1 $ 1,188 $ 1,188 1871 Carnelian Lane 10- 16706 -01 -010 1 $ 1,188 $ 1,188 1870 Carnelian Lane 10- 16706 -03 -010 1 $ 1,188 $ 1,188 1900 Carnelian Lane 10- 16704 -13 -010 1 $ 1,188 $ 1,188 Cedar Grove Additions 17 mLl 1904 Carnelian Lane 10- 16704 -13 -020 1 $ 1,188 $ 1,188 1908 Carnelian Lane 10- 16704 -13 -030 1 $ 1,188 $ 1,188 1912 Carnelian Lane 10- 16704 -13 -040 1 $ 1,188 $ 1,188 1916 Carnelian Lane 10- 16704 -13 -050 1 $ 1,188 $ 1,188 1920 Carnelian Lane 10- 16704 -13 -060 1 $ 1,188 $ 1,188 1924 Carnelian Lane 10- 16704 -13 -070 1 $ 1,188 $ 1,188 1928 Carnelian Lane 10- 16704 -13 -080 1 $ 1,188 $ 1,188 1932 Carnelian Lane 10- 16704 -13 -090 1 $ 1,188 $ 1,188 1936 Carnelian Lane 10- 16704 -13 -100 1 $ 1,188 $ 1,188 1940 Carnelian Lane 10- 16704 -13 -110 1 $ 1,188 $ 1,188 1944 Carnelian Lane 10- 16704 -13 -120 1 $ 1,188 $ 1,188 1948 Carnelian Lane 10- 16704 -13 -130 1 $ 1,188 $ 1,188 1952 Carnelian Lane 10- 16704 -13 -140 1 $ 1,188 $ 1,188 1,188 Subtotal 44 4049 Cinnabar Drive 10- 16706 -01 $ 52,272 Cinnabar Court R -1 Residential P.I.N. ot Rate/ Lot Rate/ Lot Total Total Equivalent Equivalent 1809 Cinnabar Court 10- 16704 -07 -030 1 $ 1,188 $ 1,188 1813 Cinnabar Court 10- 16704 -07 -040 1 $ 1,188 $ 1,188 1817 Cinnabar Court 10- 16704 -07 -050 1 $ 1,188 $ 1,188 1821 Cinnabar Court 10- 16704 -07 -060 1 $ 1,188 $ 1,188 1820 Cinnabar Court 10- 16704 -07 -070 1 $ 1,188 $ 1,188 1816 Cinnabar Court 10- 16704 -07 -080 1 $ 1,188 $ 1,188 1812 Cinnabar Court 10- 16704 -07 -090 1 $ 1,188 $ 1,188 1808 Cinnabar Court 10- 16704 -07 -100 1 $ 1,188 $ 1,188 1,188 Subtotal 8 -290 1 $ 9,504 Cinnabar Drive R -1 Residential P.I.N. Rate/ Lot Total Equivalent 4007 Cinnabar Drive 10- 16706 -01 -340 1 $ 1,188 $ 1,188 4012 Cinnabar Drive 10- 16706 -08 -010 1 $ 1,188 $ 1,188 4013 Cinnabar Drive 10- 16706 -01 -330 1 $ 1,188 $ 1,188 4019 Cinnabar Drive 10- 16706 -01 -320 1 $ 1,188 $ 1,188 4024 Cinnabar Drive 10- 16706 -08 -280 1 $ 1,188 $ 1,188 4025 Cinnabar Drive 10- 16706 -01 -310 1 $ 1,188 $ 1,188 4031 Cinnabar Drive 10- 16706 -01 -300 1 $ 1,188 $ 1,188 4037 Cinnabar Drive 10- 16706 -01 -290 1 $ 1,188 $ 1,188 4043 Cinnabar Drive 10- 16706 -01 -280 1 $ 1,188 $ 1,188 4048 Cinnabar Drive 10- 16706 -09 -240 1 $ 1,188 $ 1,188 4049 Cinnabar Drive 10- 16706 -01 -270 1 $ 1,188 $ 1,188 4050 Cinnabar Drive 10- 16706 -10 -120 1 $ 1,188 $ 1,188 4051 Cinnabar Drive 10- 16706 -05 -210 1 $ 1,188 $ 1,188 4054 Cinnabar Drive 10- 16706 -10 -110 1 $ 1,188 $ 1,188 4055 Cinnabar Drive 10- 16706 -05 -220 1 $ 1,188 $ 1,188 4060 Cinnabar Drive 10- 16706 -10 -100 1 $ 1,188 $ 1,188 4061 Cinnabar Drive 10- 16706 -05 -230 1 $ 1,188 $ 1,188 4066 Cinnabar Drive 10- 16706 -10 -090 1 $ 1,188 $ 1,188 Cedar Grove Additions 18 4067 Cinnabar Drive 10- 16706 -05 -240 1 $ 1,188 $ 1,188 4072 Cinnabar Drive 10- 16706 -10 -080 1 $ 1,188 $ 1,188 4073 Cinnabar Drive 10- 16706 -05 -250 1 $ 1,188 $ 1,188 4079 Cinnabar Drive 10- 16706 -05 -260 1 $ 1,188 $ 1,188 4085 Cinnabar Drive 10- 16706 -05 -270 1 $ 1,188 $ 1,188 3949 Cinnabar Drive 10- 16704 -07 -010 1 $ 1,188 $ 1,188 3955 Cinnabar Drive 10- 16704 -07 -020 1 $ 1,188 $ 1,188 4001 Cinnabar Drive 10- 16706 -01 -350 1 $ 1,188 $ 1,188 3948 Cinnabar Drive 10- 16704 -08 -010 1 $ 1,188 $ 1,188 3954 Cinnabar Drive 10- 16704 -08 -020 1 $ 1,188 $ 1,188 3960 Cinnabar Drive 10- 16704 -08 -030 1 $ 1,188 $ 1,188 3966 Cinnabar Drive 10- 16704 -08 -040 1 $ 1,188 $ 1,188 3972 Cinnabar Drive 10- 16704 -08 -050 1 $ 1,188 $ 1,188 3990 Cinnabar Drive 10- 16704 -09 -010 1 $ 1,188 $ 1,188 3996 Cinnabar Drive 10- 16704 -09 -020 1 $ 1,188 $ 1,188 4000 Cinnabar Drive 10- 16706 -06 -010 1 $ 1,188 $ 1,188 3895 Cinnabar Drive 10- 16708 -01 -130 1 $ 1,188 $ 1,188 3885 Cinnabar Drive 10- 16708 -01 -120 1 $ 1,188 $ 1,188 3877 Cinnabar Drive 10- 16708 -01 -110 1 $ 1,188 $ 1,188 3873 Cinnabar Drive 10- 16708 -01 -100 1 $ 1,188 $ 1,188 3869 Cinnabar Drive 10- 16708 -01 -090 1 $ 1,188 $ 1,188 3865 Cinnabar Drive 10- 16708 -01 -080 1 $ 1,188 $ 1,188 3861 Cinnabar Drive 10- 16708 -01 -070 1 $ 1,188 $ 1,188 3857 Cinnabar Drive 10- 16708 -01 -060 1 $ 1,188 $ 1,188 3853 Cinnabar Drive 10- 16708 -01 -050 1 $ 1,188 $ 1,188 3856 Cinnabar Drive 10- 16708 -01 -040 1 $ 1,188 $ 1,188 3872 Cinnabar Drive 10- 16708 -01 -030 1 $ 1,188 $ 1,188 3880 Cinnabar Drive 10- 16708 -01 -020 1 $ 1,188 $ 1,188 3888 Cinnabar Drive 10- 16708 -01 -010 1 $ 1,188 $ 1,188 Subtotal 47 $ 55,836 Country Creek Way R -1 Residential P.I.N. Rate/ Lot Total Equivalent 3810 Country Creek Way 10- 16711 -01 -030 1 $ 1,188 $ 1,188 3811 Country Creek Way 10- 16711 -02 -030 1 $ 1,188 $ 1,188 3812 Country Creek Way 10- 16711 -01 -040 1 $ 1,188 $ 1,188 3813 Country Creek Way 10- 16711 -02 -020 1 $ 1,188 $ 1,188 3814 Country Creek Way 10- 16711 -01 -050 1 $ 1,188 $ 1,188 3816 Country Creek Way 10- 16711 -01 -060 1 $ 1,188 $ 1,188 3820 Country Creek Way 10- 16711 -01 -070 1 $ 1,188 $ 1,188 3821 Country Creek Way 10- 16711 -02 -010 1 $ 1,188 $ 1,188 3822 Country Creek Way 10- 16711 -01 -080 1 $ 1,188 $ 1,188 3826 Country Creek Way 10- 16711 -01 -090 1 $ 1,188 $ 1,188 3828 Country Creek Way 10- 16711 -01 -100 1 $ 1,188 $ 1,188 3829 Country Creek Way 10- 16711 -02 -100 1 $ 1,188 $ 1,188 3830 Country Creek Way 10- 16711 -01 -110 1 $ 1,188 $ 1,188 3832 Country Creek Way 10- 16711 -01 -120 1 $ 1,188 $ 1,188 3838 Country Creek Way 10- 16711 -01 -130 1 $ 1,188 $ 1,188 Cedar Grove Additions 19 `Q v 3841 Country Creek Way 10- 16711 -02 -090 1 $ 1,188 $ 1,188 3842 Country Creek Way 10- 16711 -01 -140 1 $ 1,188 $ 1,188 3845 Country Creek Way 10- 16711 -02 -080 1 $ 1,188 $ 1,188 3846 Country Creek Way 10- 16711 -01 -150 1 $ 1,188 $ 1,188 3849 Country Creek Way 10- 16711 -02 -070 1 $ 1,188 $ 1,188 3850 Country Creek Way 10- 16711 -01 -160 1 $ 1,188 $ 1,188 3854 Country Creek Way 10- 16711 -01 -170 1 $ 1,188 $ 1,188 3858 Country Creek Way 10- 16711 -01 -180 1 $ 1,188 $ 1,188 10- 16705 -09 -040 Subtotal 23 1,188 $ $ 27,324 Gabbro Trail R -1 Residential P.I.N. Rate/ Lot Total Equ voalent 1760 Gabbro Trail 10- 16705 -09 -010 1 $ 1,188 $ 1,188 1761 Gabbro Trail 10- 16705 -08 -180 1 $ 1,188 $ 1,188 1762 Gabbro Trail 10- 16705 -09 -020 1 $ 1,188 $ 1,188 1763 Gabbro Trail 10- 16705 -08 -170 1 $ 1,188 $ 1,188 1764 Gabbro Trail 10- 16705 -09 -030 1 $ 1,188 $ 1,188 1765 Gabbro Trail 10- 16705 -08 -160 1 $ 1,188 $ 1,188 1766 Gabbro Trail 10- 16705 -09 -040 1 $ 1,188 $ 1,188 1767 Gabbro Trail 10- 16705 -08 -150 1 $ 1,188 $ 1,188 1768 Gabbro Trail 10- 16705 -09 -050 1 $ 1,188 $ 1,188 1769 Gabbro Trail 10- 16705 -08 -140 1 $ 1,188 $ 1,188 1770 Gabbro Trail 10- 16705 -09 -060 1 $ 1,188 $ 1,188 1771 Gabbro Trail 10- 16705 -08 -130 1 $ 1,188 $ 1,188 1772 Gabbro Trail 10- 16705 -09 -070 1 $ 1,188 $ 1,188 1773 Gabbro Trail 10- 16705 -08 -120 1 $ 1,188 $ 1,188 1774 Gabbro Trail 10- 16705 -09 -080 1 $ 1,188 $ 1,188 1775 Gabbro Trail 10- 16705 -08 -110 1 $ 1,188 $ 1,188 1776 Gabbro Trail 10- 16705 -09 -090 1 $ 1,188 $ 1,188 1777 Gabbro Trail 10- 16705 -08 -100 1 $ 1,188 $ 1,188 1778 Gabbro Trail 10- 16705 -09 -100 1 $ 1,188 $ 1,188 Subtotal 19 $ 22,572 Gold Court R -1 Residential P.I.N. Rate/ Lot Total Equ valent 1780 Gold Court 10- 16705 -06 -210 1 $ 1,188 $ 1,188 1781 Gold Court 10- 16705 -06 -200 1 $ 1,188 $ 1,188 1782 Gold Court 10- 16705 -06 -220 1 $ 1,188 $ 1,188 1783 Gold Court 10- 16705 -06 -190 1 $ 1,188 $ 1,188 1784 Gold Court 10- 16705 -06 -230 1 $ 1,188 $ 1,188 1785 Gold Court 10- 16705 -06 -180 1 $ 1,188 $ 1,188 1786 Gold Court 10- 16705 -06 -240 1 $ 1,188 $ 1,188 1787 Gold Court 10- 16705 -06 -170 1 $ 1,188 $ 1,188 Subtotal 8 $ 9,504 Cedar Grove Additions 20 �6q Gold Trail R -1 Residential P.I.N. Rate/ Lot Total Equi atlent 1838 Gold Trail 10- 16705 -03 -030 1 $ 1,188 $ 1,188 1839 Gold Trail 10- 16705 -04 -100 1 $ 1,188 $ 1,188 1844 Gold Trail 10- 16705 -03 -040 1 $ 1,188 $ 1,188 1845 Gold Trail 10- 16705 -04 -110 1 $ 1,188 $ 1,188 1850 Gold Trail 10- 16705 -03 -050 1 $ 1,188 $ 1,188 1856 Gold Trail 10- 16705 -03 -.060 1 $ 1,188 $ 1,188 1862 Gold Trail 10- 16705 -03 -070 1 $ 1,188 $ 1,188 1857 Gold Trail 10- 16705 -02 -010 1 $ 1,188 $ 1,188 1863 Gold Trail 10- 16705 -02 -020 1 $ 1,188 $ 1,188 1868 Gold Trail 10- 16705 -03 -080 1 $ 1,188 $ 1,188 1869 Gold Trail 10- 16705 -02 -030 1 $ 1,188 $ 1,188 1874 Gold Trail 10- 16705 -03 -090 1 $ 1,188 $ 1,188 1875 Gold Trail 10- 16705 -02 -040 1 $ 1,188 $ 1,188 1880 Gold Trail 10- 16705 -03 -100 1 $ 1,188 $ 1,188 1881 Gold Trail 10- 16705 -02 -050 1 $ 1,188 $ 1,188 1886 Gold Trail 10- 16705 -03 -110 1 $ 1,188 $ 1,188 1887 Gold Trail 10- 16705 -02 -060 1 $ 1,188 $ 1,188 1892 Gold Trail 10- 16705 -03 -120 1 $ 1,188 $ 1,188 1893 Gold Trail 10- 16705 -02 -070 1 $ 1,188 $ 1,188 1898 Gold Trail 10- 16705 -03 -130 1 $ 1,188 $ 1,188 1900 Gold Trail 10- 16705 -03 -140 1 $ 1,188 $ 1,188 1901 Gold Trail 10- 16705 -02 -080 1 $ 1,188 $ 1,188 Subtotal 22 $ 26,136 Halite Lane R -1 Residential P.I.N. Rate/ Lot Total Equi atlent 4048 Halite Lane 10- 16706 -05 -380 1 $ 1,188 $ 1,188 4049 Halite Lane 10- 16706 -10 -010 1 $ 1,188 $ 1,188 4054 Halite Lane 10- 16706 -05 -370 1 $ 1,188 $ 1,188 4055 Halite Lane 10- 16706 -10 -020 1 $ 1,188 $ 1,188 4060 Halite Lane 10- 16706 -05 -360 1 $ 1,188 $ 1,188 4061 Halite Lane 10- 16706 -10 -030 1 $ 1,188 $ 1,188 4066 Halite Lane 10- 16706 -05 -350 1 $ 1,188 $ 1,188 4067 Halite Lane 10- 16706 -10 -040 1 $ 1,188 $ 1,188 4072 Halite Lane 10- 16706 -05 -340 1 $ 1,188 $ 1,188 4073 Halite Lane 10- 16706 -10 -050 1 $ 1,188 $ 1,188 4076 Halite Lane 10- 16706 -05 -330 1 $ 1,188 $ 1,188 4079 Halite Lane 10- 16706 -10 -060 1 $ 1,188 $ 1,188 4080 Halite Lane 10- 16706 -05 -320 1 $ 1,188 $ 1,188 4084 Halite Lane 10- 16706.05 -310 1 $ 1,188 $ 1,188 4088 Halite Lane 10- 16706 -05 -300 1 $ 1,188 $ 1,188 4092 Halite Lane 10- 16706 -05 -290 1 $ 1,188 $ 1,188 4093 Halite Lane 10- 16706 -10 -070 1 $ 1,188 $ 1,188 4096 Halite Lane 10- 16706 -05 -280 1 $ 1,188 $ 1,188 Subtotal 18 $ 21,384 Cedar Grove Additions 21 0 Jade Lane R -1 Residential P.I.N. Rate/ Lot Rate/ Lot Total Total Equ voalent Equi atlent 4000 Limonite Lane 10- 16706 -01 -170 1835 Jade Lane 10- 16706 -05 -090 1,188 1 $ 1,188 $ 1,188 1846 Jade Lane 10- 16706 -05 -080 $ 1 $ 1,188 $ 1,188 1850 Jade Lane 10- 16706 -05 -070 1,188 1 $ 1,188 $ 1,188 1851 Jade Lane 10- 16706 -04 -070 4013 Limonite Lane 1 $ 1,188 $ 1,188 1854 Jade Lane 10- 16706 -05 -060 10- 16706 -01 -200 1 $ 1,188 $ 1,188 1855 Jade Lane 10- 16706 -04 -080 1 1 $ 1,188 $ 1,188 1858 Jade Lane 10- 16706 -05 -050 $ 1 $ 1,188 $ 1,188 1859 Jade Lane 10- 16706 -04 -090 1,188 1 $ 1,188 $ 1,188 1862 Jade Lane 10- 16706 -05 -040 $ 1 $ 1,188 $ 1,188 1865 Jade Lane 10- 16706 -04 -100 1,188 1 $ 1,188 $ 1,188 1866 Jade Lane 10- 16706 -05 -030 4039 Limonite Lane 1 $ 1,188 $ 1,188 1.870 Jade Lane 10- 16706 -05 -020 10- 16706 -05 -120 1 $ 1,188 $ 1,188 1874 Jade Lane 10- 16706 -05 -010 1 1 $ 1,188 $ 1,188 1901 Jade Lane 10- 11700 -01 -010 1 $ 1,188 $ 1,188 1909 Jade Lane 10- 11700 -01 -020 1 $ 1,188 $ 1,188 1.915 Jade Lane 10- 11700 -01 -030 1 $ 1,188 $ 1,188 1921 Jade Lane 10- 11700 -01 -040 1 $ 1,188 $ 1,188 1925 Jade Lane 10- 11700 -01 -050 1 $ 1,188 $ 1,188 1929 Jade Lane 10- 11700 -01 -060 1 $ 1,188 $ 1,188 1931 Jade Lane 10- 11700 -01 -070 1 $ 1,188 $ 1,188 1937 Jade Lane 10- 11700 -01 -080 1 $ 1,188 $ 1,188 1941 Jade Lane 10- 11700 -01 -090 1 $ 1,188 $ 1,188 1945 Jade Lane 10- 11700 -01 -100 1 $ 1,188 $ 1,188 1949 Jade Lane 10- 11700 -01 -110 1 $ 1,188 $ 1,188 1953 Jade Lane 10- 11700 -01 -120 1 $ 1,188 $ 1,188 1957 Jade Lane 10- 11700 -01 -130 1 $ 1,188 $ 1,188 Subtotal 26 $ 30,888 Limonite Lane R -1 Residential P•1•N• Rate/ Lot Total Equ voalent 4000 Limonite Lane 10- 16706 -01 -170 1 $ 1,188 $ 1,188 4006 Limonite Lane 10- 16706 -01 -180 1 $ 1,188 $ 1,188 4007 Limonite Lane 10- 16706 -02 -070 1 $ 1,188 $ 1,188 4012 Limonite Lane 10- 16706 -01 -190 1 $ 1,188 $ 1,188 4013 Limonite Lane 10- 16706 -02 -080 1 $ 1,188 $ 1,188 4018 Limonite Lane 10- 16706 -01 -200 1 $ 1,188 $ 1,188 4019 Limonite Lane 10- 16706 -02 -090 1 $ 1,188 $ 1,188 4024 Limonite Lane 10- 16706 -01 -210 1 $ 1,188 $ 1,188 4027 Limonite Lane 10- 16706 -02 -100 1 $ 1,188 $ 1,188 4030 Limonite Lane 10- 16706 -01 -220 1 $ 1,188 $ 1,188 4033 Limonite Lane 10- 16706 -02 -110 1 $ 1,188 $ 1,188 4036 Limonite Lane 10- 16706 -01 -230 1 $ 1,188 $ 1,188 4039 Limonite Lane 10- 16706 -02 -120 1 $ 1,188 $ 1,188 4072 Limonite Lane 10- 16706 -05 -120 1 $ 1,188 $ 1,188 4073 Limonite Lane 10- 16706 -04 -060 1 $ 1,188 $ 1,188 Cedar Grove Additions 22 � Oq 4074 Limonite Lane 10- 16706 -05 -110 1 $ 1,188 $ 1,188 4076 Limonite Lane 10- 16706 -05 -100 1 $ 1,188 $ 1,188 Subtotal 17 $ 20,196 Lodestone Circle R -1 Residential P.I.N. alent Rate/ Lot Total Equ valent 3837 Lodestone Circle 10- 16711 -03 -160 1 $ 1,188 $ 1,188 3839 Lodestone Circle 10- 16711 -03 -170 1 $ 1,188 $ 1,188 3841 Lodestone Circle 10- 16711 -03 -180 1 $ 1,188 $ 1,188 3843 Lodestone Circle 10- 16711 -03 -190 1 $ 1,188 $ 1,188 3845 Lodestone Circle 10- 16711 -03 -200 1 $ 1,188 $ 1,188 3847 Lodestone Circle 10- 16711 -03 -210 1 $ 1,188 $ 1,188 3849 Lodestone Circle 10- 16711 -03 -220 1 $ 1,188 $ 1,188 3851 Lodestone Circle 10- 16711 -03 -230 1 $ 1,188 $ 1,188 3853 Lodestone Circle 10- 16711 -03 -240 1 $ 1,188 $ 1,188 3859 Lodestone Circle 10- 16711 -03 -250 1 $ 1,188 $ 1,188 3834 Lodestone Lane Subtotal 10 $ 1,188 $ 11,880 Lodestone Lane R -1 Residential P.1.N. alent Rate/ Lot Total Equv 3803 Lodestone Lane 10- 16711 -03 -100 1 $ 1,188 $ 1,188 3804 Lodestone Lane 10- 16712 -01 -081 1 $ 1,188 $ 1,188 3807 Lodestone Lane 10- 16711 -03 -110 1 $ 1,188 $ 1,188 3808 Lodestone Lane 10- 16712 -01 -031 1 $ 1,188 $ 1,188 3813 Lodestone Lane 10- 16711 -03 -120 1 $ 1,188 $ 1,188 3818 Lodestone Lane 10- 16711 -02 -040 1 $ 1,188 $ 1,188 3819 Lodestone Lane 10- 16711 -03 -130 1 $ 1,188 $ 1,188 3824 Lodestone Lane 10- 16711 -02 -050 1 $ 1,188 $ 1,188 3825 Lodestone Lane 10- 16711 -03 -140 1 $ 1,188 $ 1,188 3831 Lodestone Lane 10- 16711 -03 -150 1 $ 1,188 $ 1,188 3834 Lodestone Lane 10- 16711 -02 -060 1 $ 1,188 $ 1,188 Subtotal 11 $ 13,068 Magnetite Point R -1 Residential P.I.N. Rate/ Lot Total Equ valent 4054 Magnetite Point 10- 16706 -05 -190 1 $ 1,188 $ 1,188 4060 Magnetite Point 10- 16706 -05 -180 1 $ 1,188 $ 1,188 4062 Magnetite Point 10- 16706 -05 -170 1 $ 1,188 $ 1,188 4064 Magnetite Point 10- 16706 -05 -160 1 $ 1,188 $ 1,188 4066 Magnetite Point 10- 16706 -05 -150 1 $ 1,188 $ 1,188 4068 Magnetite Point 10- 16706 -05 -140 1 $ 1,188 $ 1,188 Subtotal 6 $ 7,128 Cedar Grove Additions 23 \\O Mica Trail R -1 Residential p,I.N. Lot Rate/ Lot Total Equivalent 3900 Mica Trail 10- 16704 -10 -010 1 $ 1,188 $ 1,188 3906 Mica Trail 10- 16704 -10 -020 1 $ 1,188 $ 1,188 3912 Mica Trail 10- 16704 -10 -030 1 $ 1,188 $ 1,188 3918 Mica Trail 10- 16704 -10 -040 1 $ 1,188 $ 1,188 3924 Mica Trail 10- 16704 -10 -050 1 $ 1,188 $ 1,188 3930 Mica Trail 10- 16704 -10 -060 1 $ 1,188 $ 1,188 3936 Mica Trail 10- 16704 -10 -070 1 $ 1,188 $ 1,188 3942 Mica Trail 10- 16704 -10 -080 1 $ 1,188 $ 1,188 3948 Mica Trail 10- 16704 -10 -090 1 $ 1,188 $ 1,188 3954 Mica Trail 10- 16704 -10 -100 1 $ 1,188 $ 1,188 3960 Mica Trail 10- 16704 -10 -110 1 $ 1,188 $ 1,188 3966 Mica Trail 10- 16704 -10 -120 1 $ 1,188 $ 1,188 3972 Mica Trail 10- 16704 -10 -130 1 $ 1,188 $ 1,188 3978 Mica Trail 10- 16704 -10 -140 1 $ 1,188 $ 1,188 3984 Mica Trail 10- 16704 -10 -150 1 $ 1,188 $ 1,188 3990 Mica Trail 10- 16704 -10 -160 1 $ 1,188 $ 1,188 4010 Mica Trail 10- 16704 -11 -010 1 $ 1,188 $ 1,188 4016 Mica Trail 10- 16704 -11 -140 1 $ 1,188 $ 1,188 4022 Mica Trail 10- 16704 -11 -130 1 $ 1,188 $ 1,188 4046 Mica Trail 10- 16704 -12 -010 1 $ 1,188 $ 1,188 4052 Mica Trail 10- 16704 -12 -090 1 $ 1,188 $ 1,188 4058 Mica Trail 10- 16704 -12 -080 1 $ 1,188 $ 1,188 4064 Mica Trail 10- 16704 -12 -070 1 $ 1,188 $ 1,188 4070 Mica Trail 10- 16704 -12 -060 1 $ 1,188 $ 1,188 4071 Mica Trail 10- 16704 -05 -150 1 $ 1,188 $ 1,188 4065 Mica Trail 10- 16704 -05 -160 1 $ 1,188 $ 1,188 4059 Mica Trail 10- 16704 -05 -170 1 $ 1,188 $ 1,188 4053 Mica Trail 10- 16704 -05 -180 1 $ 1,188 $ 1,188 4047 Mica Trail 10- 16704 -05 -190 1 $ 1,188 $ 1,188 4041 Mica Trail 10- 16704 -05 -200 1 $ 1,188 $ 1,188 4035 Mica Trail 10- 16704 -05 -210 1 $ 1,188 $ 1,188 4029 Mica Trail 10- 16704 -05 -220 1 $ 1,188 $ 1,188 4023 Mica Trail 10- 16704 -05 -230 1 $ 1,188 $ 1,188 4017 Mica Trail 10- 16704.05 -240 1 $ 1,188 $ 1,188 4011 Mica Trail 10- 16704 -05 -250 1 $ 1,188 $ 1,188 3991 Mica Trail 10- 16704 -06 -100 1 $ 1,188 $ 1,188 3985 Mica Trail 10- 16704 -06 -110 1 $ 1,188 $ 1,188 3979 Mica Trail 10- 16704 -06 -120 1 $ 1,188 $ 1,188 3973 Mica Trail 10- 16704 -06 -130 1 $ 1,188 $ 1,188 3967 Mica Trail 10- 16704 -06 -140 1 $ 1,188 $ 1,188 3961 Mica Trail 10- 16704 -06 -150 1 $ 1,188 $ 1,188 3955 Mica Trail 10- 16704 -06 -160 1 $ 1,188 $ 1,188 3949 Mica Trail 10- 16704 -06 -170 1 $ 1,188 $ 1,188 3943 Mica Trail 10- 16704 -06 -180 1 $ 1,188 $ 1,188 3925 Mica Trail 10- 16704 -07 -150 1 $ 1,188 $ 1,188 3919 Mica Trail 10- 16704 -07 -140 1 $ 1,188 $ 1,188 Cedar Grove Additions 24 M 3913 Mica Trail 10- 16704 -07 -130 1 $ 1,188 $ 1,188 3907 Mica Trail 10- 16704 -07 -120 1 $ 1,188 $ 1,188 3901 Mica Trail 10- 16704 -07 -110 1 $ 1,188 $ 1,188 Subtotal 49 1,188 $ 58,212 Olivine Drive R -1 Residential P.I.N. Rate/ Lot Total EquLotlent 4047 Olivine Drive 10- 16704 -12 -020 1 $ 1,188 $ 1,188 4059 Olivine Drive 10- 16704 -12 -030 1 $ 1,188 $ 1,188 4065 Olivine Drive 10- 16704 -12 -040 1 $ 1,188 $ 1,188 40710livine Drive 10- 16704 -12 -050 1 $ 1,188 $ 1,188 4070 Olivine Drive 10- 16704 -11 -080 1 $ 1,188 $ 1,188 4064 Olivine Drive 10- 16704 -11 -090 1 $ 1,188 $ 1,188 4058 Olivine Drive 10- 16704 -11 -100 1 $ 1,188 $ 1,188 4052 Olivine Drive 10- 16704 -11 -110 1 $ 1,188 $ 1,188 4046 Olivine Drive 10- 16704 -11 -120 1 $ 1,188 $ 1,188 3975 Peridot Path Subtotal 9 $ 1,188 $ 10,692 Palisade Circle R -1 Residential P.I.N• Rate/ Lot Total Equ valent 1737 Palisade Circle 10- 16709 -01 -090 1 $ 1,188 $ 1,188 1738 Palisade Circle 10- 16709 -01 -080 1 $ 1,188 $ 1,188 1741 Palisade Circle 10- 16709 -01 -100 1 $ 1,188 $ 1,188 1742 Palisade Circle 10- 16709 -01 -070 1 $ 1,188 $ 1,188 1745 Paliside Circle 10- 16709 -01 -110 1 $ 1,188 $ 1,188 1746 Paliside Circle 10- 16709 -01 -060 1 $ 1,188 $ 1,188 1749 Paliside Circle 10- 16709 -01 -120 1 $ 1,188 $ 1,188 1750 Paliside Circle 10- 16709 -01 -050 1 $ 1,188 $ 1,188 3969 Peridot Path Subtotal 8 $ 1,188 $ 9,504 Peridot Path R -1 Residential P.I.N. Rate/ Lot Total EquLotlent 3981 Peridot Path 10- 16705 -07 -100 1 $ 1,188 $ 1,188 3987 Peridot Path 10- 16705 -07 -110 1 $ 1,188 $ 1,188 3994 Peridot Path 10- 16705 -09 -110 1 $ 1,188 $ 1,188 3995 Peridot Path 10- 16705 -07 -120 1 $ 1,188 $ 1,188 4001 Peridot Path 10- 16706 -06 -040 1 $ 1,188 $ 1,188 3951 Peridot Path 10- 16705 -07 -050 1 $ 1,188 $ 1,188 3957 Peridot Path 10- 16705 -07 -060 1 $ 1,188 $ 1,188 3963 Peridot Path 10- 16705 -07 -070 1 $ 1,188 $ 1,188 3969 Peridot Path 10- 16705 -07 -080 1 $ 1,188 $ 1,188 3975 Peridot Path 10- 16705 -07 -090 1 $ 1,188 $ 1,188 3956 Peridot Path 10- 16705 -08 -080 1 $ 1,188 $ 1,188 3962 Peridot Path 10- 16705 -08 -090 1 $ 1,188 $ 1,188 Subtotal 12 $ 14,256 Cedar Grove Additions 25 � 3-1 Pumice Court R -1 Residential P.I.N. Rate/ Lot Total Equ valent 3937 Pumice Court 10- 16704 -01 -140 1 $ 1,188 $ 1,188 3942 Pumice Court 10- 16704 -01 -130 1 $ 1,188 $ 1,188 3943 Pumice Court 10- 16704 -01 -150 1 $ 1,188 $ 1,188 3948 Pumice Court 10- 16704 -01 -120 1 $ . 1,188 $ 1,188 3949 Pumice Court 10- 16704 -01 -160 1 $ 1,188 $ 1,188 3954 Pumice Court 10- 16704 -01 -110 1 $ 1,188 $ 1,188 4030 Pumice Lane Subtotal 6 $ 1,188 $ 7,128 Pumice Lane R -1 Residential P.I.N. Rate/ Lot Total Equ valent 4061 Pumice Lane 10- 16706 -03 -030 1 $ 1,188 $ 1,188 4055 Pumice Lane 10- 16706 -03 -020 1 $ 1,188 $ 1,188 4054 Pumice Lane 10- 16706 -04 -110 1 $ 1,188 $ 1,188 4031 Pumice Lane 10- 16706 -01 -020 1 $ 1,188 $ 1,188 4036 Pumice Lane 10- 16706 -02 -200 1 $ 1,188 $ 1,188 4025 Pumice Lane 10- 16706 -01 -030 1 $ 1,188 $ 1,188 4030 Pumice Lane 10- 16706 -02 -210 1 $ 1,188 $ 1,188 4019 Pumice Lane 10- 16706 -01 -040 1 $ 1,188 $ 1,188 4018 Pumice Lane 10- 16706 -02 -320 1 $ 1,188 $ 1,188 4013 Pumice Lane 10- 16706 -01 -050 1 $ 1,188 $ 1,188 4012 Pumice Lane 10- 16706 -02 -010 1 $ 1,188 $ 1,188 4007 Pumice Lane 10- 16706 -01 -060 1 $ 1,188 $ 1,188 4001 Pumice lane 10- 16706 -01 -070 1 $ 1,188 $ 1,188 3985 Pumice Lane 10- 16704 -06 -190 1 $ 1,188 $ 1,188 3978 Pumice Lane 10- 16704 -07 -160 1 $ 1,188 $ 1,188 3972 Pumice Lane 10- 16704 -07 -170 1 $ 1,188 $ 1,188 3966 Pumice Lane 10- 16704 -07 -180 1 $ 1,188 $ 1,188 3960 Pumice Lane 10- 16704 -07 -190 1 $ 1,188 $ 1,188 3967 Pumice Lane 10- 16704 -06 -220 1 $ 1,188 $ 1,188 3973 Pumice Lane 10- 16704 -06 -210 1 $ 1,188 $ 1,188 3979 Pumice Lane 10- 16704 -06 -200 1 $ 1,188 $ 1,188 Subtotal 21 $ 24,948 Pumice Point R -1 Residential P.I.N. Rate/ Lot Total EquLoalent 1840 Pumice Point 10- 16706 -02 -260 1 $ 1,188 $ 1,188 1843 Pumice Point 10- 16706 -02 -270 1 $ 1,188 $ 1,188 1844 Pumice Point 10- 16706 -02 -250 1 $ 1,188 $ 1,188 1847 Pumice Point 10- 16706 -02 -280 1 $ 1,188 $ 1,188 1848 Pumice Point 10- 16706 -02 -240 1 $ 1,188 $ 1,188 1851 Pumice Point 10- 16706 -02 -290 1 $ 1,188 $ 1,188 1852 Pumice Point 10- 16706 -02 -230 1 $ 1,188 $ 1,188 1855 Pumice Point 10- 16706 -02 -300 1 $ 1,188 $ 1,188 1856 Pumice Point 10- 16706 -02 -220 1 $ 1,188 $ 1,188 Cedar Grove Additions 26 `V;� 1859 Pumice Point 10- 16706 -02 -310 1 $ 1,188 $ 1,188 Subtotal 10 $ 11,880 Serpentine Circle R -1 Residential P.1.N. Rate/ Lot Total Equ voalent 3881 Serpentine Circle 10- 16705 -06 -110 1 $ 1,188 $ 1,188 3884 Serpentine Circle 10- 16705 -06 -070 1 $ 1,188 $ 1,188 3885 Serpentine Circle 10- 16705 -06 -100 1 $ 1,188 $ 1,188 3888 Serpentine Circle 10- 16705 -06 -080 1 $ 1,188 $ 1,188 3889 Serpentine Circle 10- 16705 -06 -090 1 $ 1,188 $ 1,188 1765 Serpentine Drive Subtotal 5 $ 1,188 $ 5,940 Serpentine Drive R -1 Residential P.I.N. Rate/ Lot Total Equ valent 1760 Serpentine Drive 10- 16705 -06 -010 1 $ 1,188 $ 1,188 1761 Serpentine Drive 10- 16705 -05 -010 1 $ 1,188 $ 1,188 1762 Serpentine Drive 10- 16705 -06 -020 1 $ 1,188 $ 1,188 1763 Serpentine Drive 10- 16705 -05 -021 1 $ 1,188 $ 1,188 1764 Serpentine Drive 10- 16705 -06 -030 1 $ 1,188 $ 1,188 1765 Serpentine Drive 10- 16705 -05 -030 1 $ 1,188 $ 1,188 1766 Serpentine Drive 10- 16705 -06 -041 1 $ 1,188 $ 1,188 1767 Serpentine Drive 10- 16705 -05 -040 1 $ 1,188 $ 1,188 1768 Serpentine Drive 10- 16705 -06 -051 1 $ 1,188 $ 1,188 1769 Serpentine Drive 10- 16705 -05 -050 1 $ 1,188 $ 1,188 1770 Serpentine Drive 10- 16705 -06 -060 1 $ 1,188 $ 1,188 1771 Serpentine Drive 10- 16705 -05 -060 1 $ 1,188 $ 1,188 1773 Serpentine Drive 10- 16705 -05 -070 1 $ 1,188 $ 1,188 1775 Serpentine Drive 10- 16705 -05 -080 1 $ 1,188 $ 1,188 1776 Serpentine Drive 10- 16705 -06 -120 1 $ 1,188 $ 1,188 1777 Serpentine Drive 10- 16705 -05 -090 1 $ 1,188 $ 1,188 1778 Serpentine Drive 10- 16705 -06 -130 1 $ 1,188 $ 1,188 1779 Serpentine Drive 10- 16705 -04 -010 1 $ 1,188 $ 1,188 1780 Serpentine Drive 10- 16705 -06 -140 1 $ 1,188 $ 1,188 1781 Serpentine Drive 10- 16705 -04 -020 1 $ 1,188 $ 1,188 1782 Serpentine Drive 10- 16705 -06 -150 1 $ 1,188 $ 1,188 1783 Serpentine Drive 10- 16705 -04 -030 1 $ 1,188 $ 1,188 1785 Serpentine Drive 10- 16705 -04 -040 1 $ 1,188 $ 1,188 1786 Serpentine Drive 10- 16705 -06 -160 1 $ 1,188 $ 1,188 1787 Serpentine Drive 10- 16705 -04 -050 1 $ 1,188 $ 1,188 1789 Serpentine Drive 10- 16705 -04 -060 1 $ 1,188 $ 1,188 1791 Serpentine Drive 10- 16705 -04 -070 1 $ 1,188 $ 1,188 1793 Serpentine Drive 10- 16705 -04 -080 1 $ 1,188 $ 1,188 1795 Serpentine Drive 10- 16705 -04 -090 1 $ 1,188 $ 1,188 1796 Serpentine Drive 10- 16705 -06 -250 1 $ 1,188 $ 1,188 1797 Serpentine Drive 10- 16705 -03 -020 1 $ 1,188 $ 1,188 1798 Serpentine Drive 10- 16705 -06 -260 1 $ 1,188 $ 1,188 Subtotal 32 $ 38,016 Cedar Grove Additions 27 \ \A Silver Bell Circle R -1 Residential P.I.N. alent Rate/ Lot Total Equi atlent 1786 Silver Bell Circle 10- 16711 -03 -070 1 $ 1,188 $ 1,188 1788 Silver Bell Circle 10- 16711 -03 -060 1 $ 1,188 $ 1,188 1790 Silver Bell Circle 10- 16711 -03 -050 1 $ 1,188 $ 1,188 1792 Silver Bell Circle 10- 16711 -03 -040 1 $ 1,188 $ 1,188 1794 Silver Bell Circle 10- 16711 -03 -030 1 $ 1,188 $ 1,188 1796 Silver Bell Circle 10- 16711 -03 -020 1 $ 1,188 $ 1,188 1798 Silver Bell Circle 10- 16711 -03 -010 1 $ 1,188 $ 1,188 1851 Taconite Trail Subtotal 7 $ 1,188 $ 8,316 Taconite Point R -1 Residential P.I.N. alent Rate/ Lot Total Equi 1785 Taconite Point 10- 16706 -07 -060 1 $ 1,188 $ 1,188 1783 Taconite Point 10- 16706 -07 -070 1 $ 1,188 $ 1,188 1781 Taconite Point 10- 16706 -07 -080 1 $ 1,188 $ 1,188 1779 Taconite Point 10- 16706 -07 -090 1 $ 1,188 $ 1,188 1777 Taconite Point 10- 16706 -07 -100 1 $ 1,188 $ 1,188 1855 Taconite Trail Subtotal 5 $ 1,188 $ 5,940 Taconite Trail R -1 Residential P.I.N. Rate/ Lot Total EquLotlent 1867 Taconite Trail 10- 16706 -01 -080 1 $ 1,188 $ 1,188 1863 Taconite Trail 10- 16706 -01 -090 1 $ 1,188 $ 1,188 1859 Taconite Trail 10- 16706 -01 -100 1 $ 1,188 $ 1,188 1856 Taconite Trail 10- 16706 -02 -020 1 $ 1,188 $ 1,188 1852 Taconite Trail 10- 16706 -02 -030 1 $ 1,188 $ 1,188 1855 Taconite Trail 10- 16706 -01 -110 1 $ 1,188 $ 1,188 1848 Taconite Trail 10- 16706 -02 -040 1 $ 1,188 $ 1,188 1851 Taconite Trail 10- 16706 -01 -120 1 $ 1,188 $ 1,188 1847 Taconite Trail 10- 16706 -01 -130 1 $ 1,188 $ 1,188 1844 Taconite Trail 10- 16706 -02 -050 1 $ 1,188 $ 1,188 1843 Taconite Trail 10- 16706 -01 -140 1 $ 1,188 $ 1,188 1840 Taconite Trail 10- 16706 -02 -060 1 $ 1,188 $ 1,188 1839 Taconite Trail 10- 16706 -01 -150 1 $ 1,188 $ 1,188 1835 Taconite Trail 10- 16706 -01 -160 1 $ 1,188 $ 1,188 1823 Taconite Trail 10- 16706 -06 -020 1 $ 1,188 $ 1,188 1819 Taconite Trail 10- 16706 -06 -030 1 $ 1,188 $ 1,188 1818 Taconite Trail 10- 16706 -08 -020 1 $ 1,188 $ 1,188 1814 Taconite Trail 10- 16706 -08 -030 1 $ 1,188 $ 1,188 1810 Taconite Trail 10- 16706 -08 -040 1 $ 1,188 $ 1,188 1806 Taconite Trail 10- 16706 -08 -050 1 $ 1,188 $ 1,188 1807 Taconite Trail 10- 16706 -07 -010 1 $ 1,188 $ 1,188 1803 Taconite Trail 10- 16706 -07 -020 1 $ 1,188 $ 1,188 1791 Taconite Trail 10- 16706 -07 -030 1 $ 1,188 $ 1,188 1789 Taconite Trail 10- 16706 -07 -040 1 $ 1,188 $ 1,188 Cedar Grove Additions 28 IV- 1787 Taconite Trail 10- 16706 -07 -050 1 $ 1,188 $ 1,188 1802 Taconite Trail 10- 16706 -08 -060 1 $ 1,188 $ 1,188 1798 Taconite Trail 10- 16706 -08 -070 1 $ 1,188 $ 1,188 1794 Taconite Trail 10- 16706 -08 -080 1 $ 1,188 $ 1,188 1790 Taconite Trail 10- 16706 -08 -090 1 $ 1,188 $ 1,188 1786 Taconite Trail 10- 16706 -08 -100 1 $ 1,188 $ 1,188 1782 Taconite Trail 10- 16706 -08 -110 1 $ 1,188 $ 1,188 1778 Taconite Trail 10- 16706 -08 -120 1 $ 1,188 $ 1,188 1775 Taconite Trail 10- 16706 -07 -110 1 $ 1,188 $ 1,188 1774 Taconite Trail 10- 16706 -08 -130 1 $ 1,188 $ 1,188 1771 Taconite Trail 10- 16706 -07 -120 1 $ 1,188 $ 1,188 1770 Taconite Trail 10- 16706 -08 -140 1 $ 1,188 $ 1,188 Subtotal 36 $ 42,768 Turquoise Circle R -1 Residential P.I.N. Rate/ Lot Total Equivalent 3932 Turquoise Circle 10- 16705 -06 -480 1 $ 1,188 $ 1,188 3938 Turquoise Circle 10- 16705 -06 -490 1 $ 1,188 $ 1,188 3939 Turquoise Circle 10- 16705.06 -470 1 $ 1,188 $ 1,188 3944 Turquoise Circle 10- 16705 -06 -500 1 $ 1,188 $ 1,188 3945 Turquoise Circle 10- 16705 -06 -460 1 $ 1,188 $ 1,188 3956 Turquoise Circle 10- 16705 -06 -510 1 $ 1,188 $ 1,188 3957 Turquoise Circle 10- 16705 -06 -450 1 $ 1,188 $ 1,188 Subtotal 7 $ 8,316 Turquoise Point R -1 Residential P.I.N. Rate/ Lot Total Equi atlent 3900 Turquoise Point 10- 16705 -06 -360 1 $ 1,188 $ 1,188 3901 Turquoise Point 10- 16705 -06 -350 1 $ 1,188 $ 1,188 3906 Turquoise Point 10- 16705 -06 -370 1 $ 1,188 $ 1,188 3907 Turquoise Point 10- 16705 -06 -340 1 $ 1,188 $ 1,188 3912 Turquoise Point 10- 16705 -06 -380 1 $ 1,188 $ 1,188 3913 Turquoise Point 10- 16705 -06 -330 1 $ 1,188 $ 1,188 3918 Turquoise Point 10- 16705 -06 -390 1 $ 1,188 $ 1,188 3919 Turquoise Point 10- 16705 -06 -320 1 $ 1,188 $ 1,188 3924 Turquoise Point 10- 16705 -06 -400 1 $ 1,188 $ 1,188 3925 Turquoise Point 10- 16705 -06 -.310 1 $ 1,188 $ 1,188 3930 Turquoise Point 10- 16705 -06 -410 1 $ 1,188 $ 1,188 3931 Turquoise Point 10- 16705 -06 -300 1 $ 1,188 $ 1,188 3936 Turquoise Point 10- 16705 -06 -420 1 $ 1,188 $ 1,188 3937 Turquoise Point 10- 16705 -06 -290 1 $ 1,188 $ 1,188 Subtotal 14 $ 16,632 Turqouise Trail R -1 Residential P.I.N. Equivalent Rate/ Lot Total 1952 Turquoise Trail 10- 16704 -04 -010 1 $ 1,188 $ 1,188 Cedar Grove Additions 29 wp 1948 Turquoise Trail 10- 16704 -05 -070 1 $ 1,188 $ 1,188 1944 Turquoise Trail 10- 16704 -05 -060 1 $ 1,188 $ 1,188 1940 Turquoise Trail 10- 16704 -05 -050 1 $ 1,188 $ 1,188 1936 Turquoise Trail 10- 16704 -05 -040 1 $ 1,188 $ 1,188 1932 Turquoise Trail 10- 16704 -05 -030 1 $ 1,188 $ 1,188 1928 Turquoise Trail 10- 16704 -05 -020 1 $ 1,188 $ 1,188 1916 Turquoise Trail 10- 16704 -06 -090 1 $ 1,188 $ 1,188 1912 Turquoise Trail 10- 16704 -06 -080 1 $ 1,188 $ 1,188 1908 Turquoise Trail 10- 16704 -06 -070 1 $ 1,188 $ 1,188 1904 Turquoise Trail 10- 16704 -06 -060 1 $ 1,188 $ 1,188 1900 Turquoise Trail 10- 16704 -06 -050 1 $ 1,188 $ 1,188 1858 Turquoise Trail 10- 16704 -06 -040 1 $ 1,188 $ 1,188 1852 Turquoise Trail 10- 16704 -06 -030 1 $ 1,188 $ 1,188 1848 Turquoise Trail 10- 16704 -06 -020 1 $ 1,188 $ 1,188 1844 Turquoise Trail 10- 16704 -06 -010 1 $ 1,188 $ 1,188 1832 Turquoise Trail 10- 16704 -07 -200 1 $ 1,188 $ 1,188 1828 Turquoise Trail 10- 16704 -07 -210 1 $ 1,188 $ 1,188 1824 Turquoise Trail 10- 16704 -07 -220 1 $ 1,188 $ 1,188 1820 Turquoise Trail 10- 16704 -07 -230 1 $ 1,188 $ 1,188 1816 Turquoise Trail 10- 16704 -07 -240 1 $ 1,188 $ 1,188 1812 Turquoise Trail 10- 16704 -07 -250 1 $ 1,188 $ 1,188 1949 Turquoise Trail 10- 16704 -02 -110 1 $ 1,188 $ 1,188 1941 Turquoise Trail 10- 16704 -02 -120 1 $ 1,188 $ 1,188 1933 Turquoise Trail 10- 16704 -02 -130 1 $ 1,188 $ 1,188 1929 Turquoise Trail 10- 16704 -02 -140 1 $ 1,188 $ 1,188 1925 Turquoise Trail 10- 16704 -02 -150 1 $ 1,188 $ 1,188 1921 Turquoise Trail 10- 16704 -02 -160 1 $ 1,188 $ 1,188 1917 Turquoise Trail 10- 16704 -02 -170 1 $ 1,188 $ 1,188 1913 Turquoise Trail 10- 16704 -02 -180 1 $ 1,188 $ 1,188 1909 Turquoise Trail 10- 16704 -02 -190 1 $ 1,188 $ 1,188 1905 Turquoise Trail 10- 16704 -02 -010 1 $ 1,188 $ 1,188 1859 Tu rq u oise Tra i 1 10- 16704 -01 -200 1 $ 1,188 $ 1,188 1853 Turquoise Trail 10- 16704 -01 -190 1 $ 1,188 $ 1,188 1849 Turquoise Trail 10- 16704 -01 -180 1 $ 1,188 $ 1,188 1845 Turquoise Trail 10. 16704 -01 -170 1 $ 1,188 $ 1,188 1837 Turquoise Trail 10- 16704 -01 -100 1 $ 1,188 $ 1,188 1833 Turquoise Trail 10- 16704 -01 -090 1 $ 1,188 $ 1,188 1829 Turquoise Trail 10- 16704 -01 -080 1 $ 1,188 $ 1,188 1825 Turquoise Trail 10- 16704 -01 -070 1 $ 1,188 $ 1,188 1821 Turquoise Trail 10- 16704 -01 -060 1 $ 1,188 $ 1,188 1817 Turquoise Trail 10- 16704 -01 -050 1 $ 1,188 $ 1,188 1813 Turquoise Trail 10- 16704 -01 -040 1 $ 1,188 $ 1,188 1809 Turquoise Trail 10- 16704 -01 -030 1 $ 1,188 $ 1,188 1805 Turquoise Trail 10- 16704 -01 -020 1 $ 1,188 $ 1,188 1801 Turquoise Trail 10- 16704 -01 -010 1 $ 1,188 $ 1,188 1787 Turquoise Trail 10- 16705 -03 -010 1 $ 1,188 $ 1,188 1783 Turquoise Trail 10- 16705 -06 -270 1 $ 1,188 $ 1,188 1781 Turquoise Trail 10- 16705 -06 -280 1 $ 1,188 $ 1,188 1775 Turquoise Trail 10- 16705 -06 -430 1 $ 1,188 $ 1,188 Cedar Grove Additions 30 "9 1773 Turquoise Trail 10- 16705 -06 -440 1 $ 1,188 $ 1,188 1763 Turquoise Trail 10- 16705 -06 -520 1 $ 1,188 $ 1,188 1761 Turquoise Trail 10- 16705 -06 -530 1 $ 1,188 $ 1,188 1782 Turquoise Trail 10- 16705 -07 -010 1 $ 1,188 $ 1,188 1780 Turquoise Trail 10- 16705 -07 -020 1 $ 1,188 $ 1,188 1778 Turquoise Trail 10- 16705 -07 -030 1 $ 1,188 $ 1,188 1776 Turquoise Trail 10- 16705 -07 -040 1 $ 1,188 $ 1,188 1772 Turquoise Trail 10- 16705 -08 -070 1 $ 1,188 $ 1,188 1770 Turquoise Trail 10- 16705 -08 -060 1 $ 1,188 $ 1,188 1768 Turquoise Trail 10- 16705 -08 -050 1 $ 1,188 $ 1,188 1766 Turquoise Trail 10- 16705 -08 -040 1 $ 1,188 $ 1,188 1764 Turquoise Trail 10- 16705 -08 -030 1 $ 1,188 $ 1,188 1762 Turquoise Trail 10- 16705 -08 -020 1 $ 1,188 $ 1,188 1760 Turquoise Trail 10- 16705 -08 -010 1 $ 1,188 $ 1,188 Subtotal 64 $ 76,032 Total R -1 Assessments 626 Lots $ 743,688 Gold Trail R -2 Residential P.I.N. Unit Rate/ Unit Total Equivalent 1953 Gold Trail 10- 13300 -01 -020 2 $ 1,188 $ 2,376 1963 Gold Trail 10- 13300 -01 -032 1 $ 1,188 $ 1,9.88 1965 Gold Trail 10- 13300 -01 -031 1 $ 1,188 $ 1,188 1973 Gold Trail 10- 13300 -01 -041 1 $ 1,188 $ 1,188 1975 Gold Trail 10- 13300 -01 -042 1 $ 1,188 $ 1,188 1989 Gold Trail 10- 47300 -01 -030 2 $ 1,188 $ 2,376 1993 Gold Trail 10- 47300 -01 -020 2 $ 1,188 $ 2,376 Subtotal 10 $ 11,880 Total R -2 Assessments 10 Units $ 11,880 Dolomite Drive R -3 Residential P.I.N. Unit Rate/ Unit Total Equivalent 3859 Dolomite Drive 10- 14992 -01 -210 1 $ 891 $ 891 3860 Dolomite Drive 10- 14992 -01 -230 1 $ 891 $ 891 3861 Dolomite Drive 10- 14992 -01 -220 1 $ 891 $ 891 3862 Dolomite Drive 10- 14992 -01 -240 1 $ 891 $ 891 3863 Dolomite Drive 10- 14992 -01 -190 1 $ 891 $ 891 3864 Dolomite Drive 10- 14992 -01 -250 1 $ 891 $ 891 3865 Dolomite Drive 10- 14992 -01 -200 1 $ 891 $ 891 3866 Dolomite Drive 10- 14992 -01 -260 1 $ 891 $ 891 3868 Dolomite Drive. 10- 14992 -01 -270 1 $ 891 $ 891 3869 Dolomite Drive 10- 14992 -01 -170 1 $ 891 $ 891 3870 Dolomite Drive 10- 14992 -01 -280 1 $ 891 $ 891 3871 Dolomite Drive 10- 14992 -01 -180 1 $ 891 $ 891 3872 Dolomite Drive 10- 14992 -01 -290 1 $ 891 $ 891 3873 Dolomite Drive 10- 14992 -01 -150 1 $ 891 $ 891 Cedar Grove Additions 31 k \e) 3874 Dolomite Drive 3875 Dolomite Drive 3876 Dolomite Drive 3877 Dolomite Drive 3878 Dolomite Drive 3879 Dolomite Drive 3880 Dolomite Drive 3881 Dolomite Drive 3883 Dolomite Drive 3884 Dolomite Drive 3885 Dolomite Drive 3887 Dolomite Drive 3889 Dolomite Drive 3891 Dolomite Drive 3893 Dolomite Drive 3895 Dolomite Drive 1921 Gold Trail 1923 Gold Trail R -4 Residential 3800 Ballantrae Road 1997 Gold Trail 1950 Jade Lane Gold Trail Condos (2.29 acres, 19 units) 1977 Gold Trail A 1977 Gold Trail B 1979 Gold Trail A 1979 Gold Trail B 1981 Gold Trail A 1981 Gold Trail B 1983 Gold Trail A 1983 Gold Trail B 3861 Gold Point A 3861 Gold Point B 3863 Gold Point A 3863 Gold Point B 3865 Gold Point A 3865 Gold Point B 3867 Gold Point A 3867 Gold Point B 3869 Gold Point B 3871 Gold Point B 10- 14992 -01 -300 1 $ 891 $ 891 10- 14992 -01 -160 1 $ 891 $ 891 10- 14992 -01 -310 1 $ 891 $ 891 10- 14992 -01 -130 1 $ 891 $ 891 10- 14992 -01 -320 1 $ 891 $ 891 10- 14992 -01 -140 1 $ 891 $ 891 10- 14992 -01 -330 1 $ 891 $ 891 10- 14992 -01 -110 1 $ 891 $ 891 10- 14992 -01 -120 1 $ 891 $ 891 10- 14992 -01 -340 1 $ 891 $ 891 10- 14992 -01 -090 1 $ 891 $ 891 10- 14992 -01 -100 1 $ 891 $ 891 10- 14992 -01 -070 1 $ 891 $ 891 10- 14992 -01 -080 1 $ 891 $ 891 10- 14992 -01 -030 1 $ 891 $ 891 10- 14992 -01 -040 1 $ 891 $ 891 10- 14992 -01 -020 1 $ 891 $ 891 10- 14992 -01 -010 1 $ 891 $ 891 Subtotal 32 $ 28,512 Total R -3 Assessments 32 Units $ 28,512 Residential (R -4) Rate/ Net Street Concrete Total P.I.N. Net Acres Entrance Acre Assessment Assessment Assessment 10- 13301 -01 -010 17.45 $ 1,461 $ 25,494 $ 25,494 10- 22479 -01 -010 0.78 $ 1,461 $ 1,140 $ 1,800 $ 2,940 10- 11700 -02 -010 4.45 $ 1,461 $ 6,501 $ 6,501 see below 10- 18350 -01 -103 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -107 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -102 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -106 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -101 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -105 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -100 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -104 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -111 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -115 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -110 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -114 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -109 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -113 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -108 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -112 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -117 0.12 $ 1,461 $ 176 $ 176 10- 18350 -01 -116 0.12 $ 1,461 $ 176 $ 176 Cedar Grove Additions 32 �� 3873 Gold Point B 10- 18350 -01 -118 0.12 $ 1,461 $ 176 $ 176 3.80% Subtotal 24.97 Frontage $ 36,481 $ 1,800 $ 38,281 538 Total R -4 Assessments 24.97 Acres 100.00% $ 36,481 $ 1,800 $ 38,281 Neighborhood Parks P - Parks P.I.N. Front Foot Rate /F.F. Street Assessment City of Eagan Woodhaven Park 10- 16704 -13 -160 376 $ 10.96 $ 4,121 City of Eagan Woodhaven Park 10- 16705 -00 -060 909 $ 10.96 $ 9,963 City of Eagan Woodhaven Park 10- 16705 -00 -021 671 $ 10.96 $ 7,354 City of Eagan Peridot Path Park 10- 16705 -00 -080 212 $ 10.96 $ 2,324 City of Eagan Peridot Path Park Outlot 10- 16704 -08 -060 162 $ 10.96 $ 1,776 City of Eagan Carnelian Park 10- 02000 -77 -010 610 $ 10.96 $ 6,686 Subtotal 2940 $ 32,222 Total 'Neighborhood Parks Assessments 2940 F.F. $ 32,222 Commercial/ Industrial C /1- Commercial/ Street P.I.N. Front Foot Rate /F.F. Industrial Assessment 3850 Cedar Grove Parkway 10- 44800 -01 -010 107 $ 22.18 $ 2,373 Total Commercial/ Industrial Assessments 107 F.F. $ 2,373 R -1, R -2, R -3 Frontage 71524 92.49% R -4 Frontage 2221 2.87% Parks Frontage 2940 3.80% Commercial/ Industrial Frontage 107 0.14% Non - Assessable Frontage 538 0.70% Total 77330 100.00% Cedar Grove Additions 33 �' 12/23/2013 Cedar Grove Additions City of EaRaR Street Revitalization Project Fig. 1 Engineering Department Location Map - Project 1114 EDGE MILL _ (6' -8' wide) Typ. 50' -60' ROW 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section 50'- 60' ROW 32'- 40' F -F 11/2" TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section a¢ Cedar Grove Additions City of �a�a� Typical Sections - Project 1114 Engineering Department k EX. CURB & GUTTER ( D412 & B618) REPLACE EX. CURB & GUTTER AS DIRECTED Fig. 3 3 I Cedar Grove Additions Neighborhood Street Revitalization City Project No. 1114 Informational Meeting — 5:30 P.M. Monday, January 27, 2014 Eagan Conference Room Attendance Aaron Nelson, Assistant City Engineer, John Gorder, City Engineer, 11 residents representing 8 single family homes (see attached sign -in sheet). Presentation of Project Details Nelson welcomed the resident and presented project information, including details such as construction, costs, schedule and assessments. A short ETV video on the street improvement process was also shown. Ouestions/ Comments 1. Will manholes be adjusted to the new street elevation? All manholes will be adjusted to the new street elevation prior to paving. 2. Will water main gate valves be adjusted? Any gate valves in the street will be adjusted to the new street elevation. Adjustments to gate valves in the boulevard are not anticipated, however, they will be made accessible if currently buried. 3. Is there any sanitary sewer improvements proposed? The sanitary sewer pipes have been reviewed and found to be in order, and no improvements are proposed. However, minor repairs and adjustments will be performed to the manholes as needed. 4. A cul -de -sac has a drainage issue. Will this be improved? The city will have a project inspector review the area to determine the cause of the drainage issue and determine if it can be improved. The inspector will contact the homeowner to discuss in more detail. 5. Can the number of garbage haulers be restricted? There is currently no indication that the number of haulers will be reduced. It is recommended that neighbors or associations work together to limit the number of haulers within their neighborhood. 6. Will traffic through the neighborhood increase as a result of the outlet mall? It is possible that a slight increase of traffic will occur within the neighborhood, but many improvements are occurring on the surrounding roadways to make it more desirable for drivers to stay on the major roadways and not drive through neighborhoods. 7. What style curb will be installed with curb repairs? Any curb repairs will be performed with the same style curb as currently exists. 8. What is the margin of error on the cost estimate? The initial cost estimates are typically conservative. Final costs are usually, but not always, lower than the initial estimate. 9. Do we anticipate costs to increase with the economy? Unit prices have been reviewed for this year and no significant increases are anticipated. 10. Will the contractor perform any private driveway improvements? Historically, the contractors that bid on these improvements have not been interested in private contracts with homeowners. If �:) 1 they are willing, any improvements will be a private contract between the homeowner and the contractor, and the city will not get involved. 11. Are assessments tax deductible? Assessments are generally not considered tax deductible. 12. How will the construction be phased? The contractor will have the ability to determine how they phase construction in this neighborhood, and the other four project areas. The City will mail more detailed construction specific information as construction nears. 13. What are the contractors working hours? Contractors have the ability to work from 7 am to 7 pm, Monday through Saturday. Historically, contractors tend to limit their workers to 40 hour weeks and don't work many Saturdays unless they need to. 14. Does the contractor have a warranty for their work? Contractors must warranty their work for a two year period. 15. How are contractors paid? Contractors are paid monthly based on the amount of work they completed in that month. 5% of the contract amount is withheld until all work is complete. 16. Will the neighborhood be seal coated after construction is complete? Neighborhood streets are typically seal coated 5 -7 years after an overlay. The meeting adjourned at 6:45 p.m. Agenda Information Memo February 3, 2014, Eagan City Council Meeting VIII. New Business A. PRELIMINARY AND FINAL SUBDIVISION (FOX FOREST THIRD ADDITION) — PETE RAMSTAD ACTIONS TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Subdivision to relocate a shared boundary on property located north of Diffley Road and west of Lexington Way at 4139 and 4145 Lexington Way, subject to the conditions listed in the APC minutes. To approve a Final Subdivision (Fox Forest Third Addition) to relocate a shared boundary upon approximately 6.89 acres located north of Diffley Road and west of Lexington Way at 4139 and 4145 Lexington Way. REQUIRED VOTE FOR APPROVAL: ➢ Preliminary and Final Subdivision —Majority of Councilmembers present FACTS: ➢ The two properties are zoned R -1, located within the McCarthy Shoreland Overlay District and occupied by single family residences. ➢ The properties access Lexington Way via separate driveways which will remain unchanged. ➢ A Rezoning and Subdivision were approved in 2001 for Lot 1 which relocated a shared boundary line and rectified a non - conforming condition as the property did not meet the minimum 5 acre requirement of the A zoning district. ➢ The proposed Subdivision adds 1.6 acres to Lot 1, making it 5.65 total acres. ➢ Lot 1 was originally developed as a flag lot and does not meet the minimum width of 85 feet as measured at the 30 foot setback. No changes in lot widths (as measured at the front setback line) have been proposed. This is an existing non - conformity. ➢ Approval of the Subdivision will simultaneously constitute the approval of the Variance. ➢ The lots will remain zoned R -1 and exceed the 12,000 sq. ft. minimum lot area requirement. ➢ The Advisory Planning Commission held a public hearing on the proposal at the January 28, 2014 meeting, and did recommend approval. ISSUES: ➢ The applicant originally included a request for rezoning from R -1 to A; that request has been withdrawn. � ),9 120 -DAY AGENCY ACTION DEADLINE: April 17, 2014 ATTACHMENTS: (5) Location Map, page ' , Draft January 28, 2104 APC Meeting Minutes, pages IZ through t !A Planning Report, pages through A!j� Ramstad letter withdrawing rezoning application, page Staff memo addressing impact of rezoning withdrawal dated January 30, 2014, page M0 tat Location: Project Name: FmxForest Third Addition Requests: Rezoning, Variance, Preliminary & Final Subdivision Case No's: 22'RZ'0842-13' 22'VA'14~1243. 22'PS'00'12'13.22'FS'084243 City ofDp w I I |Fow '500 1,000 2,000 Legend PARCELS 08-2013 m�uni aunumyo HO pam" JM11M Z\ �W./»j City Boundary N Advisory Planning Commission January 28, 2014 Page 2of8 IV. PUBLIC HEARINGS A. Fox Forest Third Addition Applicant Name: Peter Ramstad, Homeowner Location: 4139 & 4145 Lexington Way; Lot 2, Block 1, Fox Forest 2nd Addition & Lot 2, Block 1, W. Schmidt Addition Application: Rezoning A Rezoning of 5.6 acres from R -1, Residential Single Family to A, File Number: 22- RZ- 08 -12 -13 Application: Preliminary Subdivision A Preliminary Subdivision to create 2 lots. File Number: 22- PS- 06 -12 -13 Application: Final Subdivision A Final Subdivision to create 2 lots. File Number: 22- FS- 08 -12 -13 Application: Variance A Variance to the minimum lot width requirement. File Number: 22- VA- 14 -12 -13 Planner Thomas introduced this item and"hig;hlig tural. rmation� presented in the City Staff id historv. the LD Guide Plan Designation. dered a "holding zone" in that, ultimately, will accommodate the "highest and best" The applicant, Pete Rams,`% stated his belief that the A zone is compatible given the surrounding uses. Chair Heaney opened the public hearing. Neighbor Sanford Sackter, 11Q5 Celia Court, stated his support for Mr. Ramstad's proposal. There being no further public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Sagstetter stated acknowledgement of a letter sent by Mr. Ramstad to area residents summarizing his request. The letter was shared with members of the APC, as well. Member Dugan asked for clarification regarding the requests before the commission. Ridley stated that the subdivision application can stand alone and the rezoning application is a separate consideration of the commission. L �n Advisory Planning Commission January 28, 2014 Page 3 of 8 Member Filipi stated he is not in favor of the rezoning as he does not believe the A zone is the appropriate long -term use for the property. He also stated he was not supportive of the Variance request as it is due to the actions of the applicant. As such, he could not support the subdivision. Staff explained that the Variance for lot width is an existing condition created in 2001 with the original subdivision. Member Dugan asked for clarification; staff displayed the existing layout of the subject lots. Member Supina stated the situation requiring the Variance exists either way; he also stated he has some concern regarding the potential use of the property for agricultural uses but noted the adjacent property to the north already contains horses so he was not:overly concerned. Members Piper and Vanderpoel stated they would not su port the re`2Q, %g but will support the proposed subdivision. Member Vanderpoel moved, Member Piper secc Preliminary /Final Subdivision (Fox Forest TW Road and west of Lexington Way at 4139 and 41 conditions: 1. The developer shall comply by Council on February 2, 19 2. The property shall be „platted. 3. The property City. Motion carried 6 -1, Fil Member VIand&p 6l- moved,`I Rezo Pfrom R -1, Residenti at 4139`Lexington Way, legally Motion fail -6, Supina City Attorney} Bauer sug r into n ded a motion to recommend a proval of a Addition) on property located�rtf of Dffley 5 LexingtdMay, subject to th8A Mowing Subdivision Development Contract with the Piper seconded a motion to recommend approval of a Family to A, Agricultural upon 5.65 acres of land located )ed as Lot 2, Block 1, Fox Forest Third Addition. yay. new motion be made to recommend denial of the rezoning. Pete Ramstad offered�to” J'h raw the rezoning request. Mr. Ramstad stated the important focus for him is the subdivision request. He stated he preferred to withdraw the rezoning application so the unencumbered subdivision request would move forward to the City Council. City Attorney Bauer stated the oral withdrawal was acceptable. Chair Heaney thanked the applicant and noted the subdivision request would be on the February 3, 2014 City Council agenda. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 17, 2014 APPLICANT: Pete Ramstad PROPERTY OWNER: Pete Ramstad and Floyd Rodmyre REQUEST: Rezoning, Variance, Preliminary /Final Subdivision LOCATION: 4139 and 4145 Lexington Way CASE: 22- PS- 06- 12 -13, 22- FS- 08- 12 -13, 22- RZ- 08- 12 -13, 22- VA- 14 -12 -13 HEARING DATE: January 28, 2014 APPLICATION DATE: December 18, 2013 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R -1, Single - Family Residential SUMMARY OF REQUEST The applicant has requested approval of a Preliminary and Final Subdivision (Fox Forest Third Addition) that would relocate a shared boundary of the subject property and an adjacent 2.85 acre parcel located north of Diffley Road and west of Lexington Way. In conjunction with the Preliminary and Final Subdivision requests, the applicant has also requested simultaneous approval of a Variance to allow a minimum lot width of 50 feet and a Rezoning of 5.65 acres of land from R -1, Residential Single Family to A, Agricultural located at 4139 Lexington Way legally described as Lot 2, Block 1, Fox Forest Second Addition. AUTHORITY FOR REVIEW 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: 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. W Planning Report — Fox Forest Third Addition January 28, 2014 Pai4e 2 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 improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of 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 information 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." 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. `�)b Planning Report — Fox Forest Third Addition January 28, 2014 Pate 3 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. 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. 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." BACKGROUNDMISTORY The subject 4.05 acre property and adjacent parcel to the south (included in the Final Plat) are occupied by single family residences. Planning Report — Fox Forest Third Addition January 28, 2014 Page 4 A Rezoning and Preliminary /Final Subdivision were approved in 2001 to relocate a shared boundary for the 4.05 acre parcel. The Rezoning approval rectified a non - conforming condition as the property, 2.9 acres at the time, did not meet the minimum 5 acre requirement of the A, Agricultural zoning district. Both parcels are platted and zoned R -1, Residential Single Family. The properties are in the Shoreland Overlay District of McCarthy Lake. The A zoning designation which establishes the minimum lot size of 5.0 acres would allow additional permitted uses compared to R -1 zoning. Mr. Ramstad states in the submitted narrative that the A zoning would allow a larger utility building which would be used to house commercial grade landscape equipment he owns for maintenance and upkeep of the property. Staff has informed Mr. Ramstad that the same standards apply to R -1 and A zoning regarding accessory buildings except for exempt parcels that are engaged in an agricultural pursuit. Also, Shoreland Districts limit the size of accessory structures to no greater than 150 sq. ft. in size. Both the subject parcel and adjacent parcel to the south are guided LD, Low Density Residential (0 -4 units /acre). EXISTING CONDITIONS The subject parcel (proposed to be rezoned) currently measures 4.05 acres in size and was replatted in 2001 as previously indicated. The home was constructed in 1999 and is served by both municipal sewer and water. The southerly parcel (not included in the rezoning request) measures 2.85 acres and was platted in 1968 as Lot 2, Block 1, W. Schmidt Addition. The parcel is likewise occupied by a single family home. The home was constructed in 1964 and is also served by both municipal sewer and water. Both parcels contain significant grade change and are heavily wooded. There are no wetlands on either property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: `�)5 Existing Use Zoning Land Use Designation North Single - Family Home A, Agricultural LD, Low Density Residential South Single-Family Home R -1, Single - Family LD, Low Density Residential East Eagan Evangelical Covenant Church PF, Public Facility QP, Public /Quasi Public `�)5 Planning Report — Fox Forest Third Addition January 28, 2014 Page 5 West Patrick Eagan Park P, Park P, Park and Recreational 4.05 acres 5.65 acres South Lot (Proposed Lot 2) Open Space Subdivision Compatibility with Surrounding Area — The requested A, Agricultural zoning designation is consistent with the Comprehensive Guide Plan and the long -term land use directives for the area. Lot Requirements — The rezoning of the northerly parcel, Lot 1, has been requested to allow flexibility offered by the A zone. The property will meet the minimum 5 acre requirements; however, the property was originally developed as a flag lot and does not meet the minimum width of 300 feet as measured at the 30 foot setback. This nonconformity requires a Variance to the Zoning Code but is an existing condition. No changes in lot widths (as measured at the front setback line) have been proposed. Lot 2 will remain zoned R -1 and exceeds the 12,000 sq. ft. minimum lot area requirement. The following is a summary of present and proposed lot area conditions: Rezoning The requested rezoning from R -1, Residential Single Family to A, Agricultural is consistent with the City's long -term development objectives Comprehensive Guide Plan which continues to allow low density residential use of the subject property. SUMMARY /CONCLUSION The proposed Subdivision is considered compatible with existing and anticipated uses in the area. Approval of the Subdivision will simultaneously constitute the approval of the Variance. Approval of the requested Rezoning would be consistent with the Zoning Ordinance and Comprehesive Plan, allowing the property owner more flexibility with the property than what is allowed in the R -1 zone. ACTIONS TO BE CONSIDERED To recommend approval of a Preliminary /Final Subdivision (Fox Forest Third Addition) on property located north of Diffley Road and west of Lexington Way at 4139 and 4145 Lexington Way. If approved, the following conditions should apply: 11 Present Lot Area Proposed Lot Area North Lot (Proposed Lot 1) 4.05 acres 5.65 acres South Lot (Proposed Lot 2) 2.85 acres 1.24 acres Rezoning The requested rezoning from R -1, Residential Single Family to A, Agricultural is consistent with the City's long -term development objectives Comprehensive Guide Plan which continues to allow low density residential use of the subject property. SUMMARY /CONCLUSION The proposed Subdivision is considered compatible with existing and anticipated uses in the area. Approval of the Subdivision will simultaneously constitute the approval of the Variance. Approval of the requested Rezoning would be consistent with the Zoning Ordinance and Comprehesive Plan, allowing the property owner more flexibility with the property than what is allowed in the R -1 zone. ACTIONS TO BE CONSIDERED To recommend approval of a Preliminary /Final Subdivision (Fox Forest Third Addition) on property located north of Diffley Road and west of Lexington Way at 4139 and 4145 Lexington Way. If approved, the following conditions should apply: 11 Planning Report — Fox Forest Third Addition January 28, 2014 Page 6 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al and B 1 2. The property shall be platted. 3. The property owners shall enter into a Final Subdivision Development Contract with the City. To recommend approval of a Rezoning from R -1, Residential Single Family to A, Agricultural upon 5.65 acres of land located at 4139 Lexington Way, legally described as Lot 2, Block 1, Fox Forest Third Addition. �q Location Map Project Name: Fox Forest Third Addition Requests: Rezoning, Variance, Preliminary & Final Subdivision Case No's: 22-RZ-08-12-13, 22-VA-14-12-13, 22-PS-06-12-13, 22-FS-08-12-13 * City of Eap ' ' -1 Feet 500 1,000 2,000 Legend PARCELS 08-2013 Buildings Parks JM11M �IIX City Boundary N Current Zoning and Land Use Map City of Ea�BIl Application: Fox Forest Third Addition Type: Rezoning, Variance, Preliminary & Final Subdivision Case No.: 22- RZ- 08- 12 -13; 22- VA- 14- 12 -13; 22- PS- 06- 12 -13; 22- FS- 08 -12 -13 Zoning ning R -1 Single- Family Land Use Plan LD Low Density N 0 300 600 1,200 Feet C6 M Sam - �cw 0 0 0 . ,I -- - -1� - ,o- ---,--fT 11 11 �llirwlw:7-7-L�I-k--�- -l-.-i-:I �-�-,,--, -wl- I -1, 7�, E-1 ,--,IV7�1-1-i"-�7,.*N,!—�.t��,���,,�,,��i�,�-.�.. -c---- --,11111;7��:. 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LMLKJ M C-) M ZE M Q 4 Rj F §� �o os,m g�4 Yom?^ 5�� w z x m n cn a s E PLAT e K� ivh e vpv Ml o�g8a ws /x.ir;ueax �m M.a',iibo /q FD I��q Y�41 a_IR ml m II •••., I I I I II I 8 N _m Ru II I 61 I 04709 M.91,1LOON T -- - -oniz- — - - - - -i -- -orrvc - - - - -- "OCIilI— T.91.R.005- I III II II I In I la 11= ::= I IU e IIg; Ho aN il, Of'f4t., 3,9ULODS II.R4 Iii I IIR Ilo 611 R o �I14 9 � I I g Ol'41f 3.91,LLOOS I €. 4 " 160'041 M.49. 00N ,u•i � � XR� — II I u I II I u II I m II •••., I I I I II I w in II I 61 I I 04'041 3.91,LL0os i° V yb y cV b 4 b y ILO — r- - - -- -- -- r- -- - - - - -- 1 I I a s RF I8 ug5 — 00400E gckYc k, 3,91,LL00S �,g4 — ..... 00-OM "' 3,9LLLOOS A 99'LOSI 3.91,LLOOS >�m — _ — _ — — _ — — — — n °a i a He tj z 61y.H... 1--- 5$ S a cmNd i � i - -- - -I -- -- - -� xvf luwNVn AMY ILO — r- - - -- -- -- r- -- - - - - -- 1 I I m `20 A bb n °a i a He tj z 61y.H... 1--- 5$ S a cmNd i � i - -- - -I -- -- - -� xvf luwNVn ILO NARRATIVE FOX FOREST TIMID ADDITION Updated Project Narrative Preliminary and Final Subdivision: RECEIVED jANI 02014 The primary purpose for this application is to replat two adjoining lots, each with existing single - family homes on their respective lots, such that 1.6 acres will be transferred from one owner and lot to the other. Under the City of Eagan policies, the appropriate process for such a change is through application for a "subdivision ", however, no new lots will be created in this process, only the size of each lot will change with new property boundaries. The following two lots are directly involved: Family Address Legal description Current Lot Size Resulting Lot Size Property ID (Acres) (Acres) Ramstad (Applicant & Owner) Block 1, Lot 2, Fox 4.05 5.65 4139 Lexington Way Forest Second Addition 10- 27476 -01 -020 Rodmyre (Owner) Block 1, Lot 2, W. 2.85 1.24 4145 Lexington Way Schmidt Addition 10- 66500 -01 -020 The lots are located on Lexington Way, just north of Diffley Road, Lexington Way is the cul -du -sac that was created when Lexington Avenue was extended south of Diffley Road, and as a result was moved about 1000 feet east for visibility and safety reasons due to the elevations involved in the area. The lots are heavily wooded in their western portions, where they slope down towards Patrick Eagan Park and the Caponi Art Park. The surrounding area can be summarized as follows: To the south is Celia Court, a private cul -du -sac that was created as part of the Evergreen Enclave subdivision and serves three homes. To the west is Patrick Eagan Park and the Caponi Art Park. To the immediate north is two lots owned by the mother -in -law of the applicant (Lucy Warkentien) that are platted as part of Fox Forest Addition, and to the immediate east is a single family home within the W. Schmidt Addition. Across Lexington Way to the east is a church and a small office building. On the north border of the Ramstad lot (4139) is a single - family home with access on Lexington Avenue that is zoned agricultural and provides horse boarding, and on the eastern most north border of the Ramstad property is a single- family home that is on Lexington Way. G [Ali Rezoning: Along with the application for the preliminary and final plat, the Applicant (Ramstad) is also applying for a zoning change for the 4139 Lexington Way lot from R -1 to A. This property was originally zoned A, but when the land was originally subdivided, due to the reduced lot size the land was rezoned to R -1. Since the original plat was created, an additional parcel of about 1.1 acres was added on the north side, and this purchase will add an additional 1.6 acres, creating a lot that in total will be 5.65 acres. The Comprehensive Plan designation for this property is Low Density and the A zoning is consistent with that classification. A zoning is also compatible with the neighbors, one of which already has such zoning, the two parks to the west and all of the other immediate neighbors within R- Izones. There are no short -term plans for any activities by the Applicant that would be allowed in A zoning that is prohibited in R -1. There is no intent to keep farm animals on the property, etc. The desire for the A zoning is primarily related to flexibility with city requirement for potential future uses of the land. For example, the Applicant has a large amount of landscape maintenance equipment (e.g., compact utility loader, brush mower, zero turn mower, tow - behind chipper, etc.) and may want to build a utility building that is greater than 150 square feet in the future. (Important to note that while this is commercial equipment, there are no commercial operations with the equipment as it is only used for maintaining the existing acreage.) The only reason that the application is being made now is that the subdivision process required a public hearing, so it seemed efficient to use the public hearing to also have the zoning change considered as well. As a result, please note that the application for the preliminary and final plat is NOT dependent on the change in zoning, and should the zoning request be denied, it would be the desire of the Applicant that the plat approval process would not be impacted or delayed as a result. With regards to the lot at 4145 Lexington Way, it is currently zoned R -1, and fully meets all of the requirements for R -1 even after the subdivision. NS Variance to Zoning Requirement: As a part of the application for A zoning, there is also an application for a variance, as the lot is not wide enough by the standards that the City uses to measure lot width. Under the City Code, the width is measured at the setback line to Lexington Way, which is only 50 feet, when the requirement is 300 feet. However, along the western boundary (with Patrick Eagan and the Caponi Art Park), the western 190 feet of the lot is well over 700 feet wide, and fully the western most 300 feet of the lot has a width of 599.2 feet. This western 300 feet of the lot comprises 4.77 acres. There are two potential options other than a variance to remedy the situation. One option would be to create a private cut -du -sac in the area that we had previously dedicated for a utility easement. This would create a 250 -300 foot road that would only serve our two family lots. It would be a significant expense, invite public access that we wish to avoid, and require the destruction of several important mature trees. It is important to note that functionally we essentially have a private cul -du -sac, as we have a large circle driveway at where the lot gets wide. In addition, we have extended city water service and installed a fire hydrant at that point. The only way to economically justify such a project would be to develop lots on the property, which is not our intent. It is clear that the immediate neighbors we have talked to are pleased that we are not developing additional lots as a part of this land purchase as well. The second option would be reconfigure the lot lines within the three lots that are owned by the family and were a part of the original Fox Forest Addition plat. It is important to note that between the three lots we have a total of 364 feet of frontage on Lexington way, and creative gerrymandering of the lot lines is likely an option. However, it would not make any physical or logical sense, and we believe that a variance is a better approach for the long -term use of the land rather than illogical plat lines just to satisfy a width requirement that is literally hundreds of feet away from the widest part of the lot and the vast majority of the land involved. For the reasons cited above, we believe that a variance to the technical definition of lot width is appropriate to be considered. NO January 28, 2014 Ms. Sarah Thomas, City Planner City of Eagan 3980 Pilot Knob Road Eagan, MN 55122 Dear Sarah: 4139 Lexington Way Eagan, MN 55123 RECEIVED JAN 2 9 2014 This letter is a follow -up to the Advisory Planning Commission meeting tonight where the Fox Forest Third Addition project was discussed. I want confirm in writing my desire to have the rezoning application withdrawn at this point in the process. I was pleased that the APC recommended approval of the Preliminary and Final Plat, and this was the primary goal that I had for the application. In reality, I think that this is a very simple transaction. Two long time neighbors (families have been neighbors since 1968) want to sell 1.6 acres from one neighbor to the other. Understandably, this requires a new plat and review by the City of Eagan. By withdrawing the application to have the land rezoned, I hope that this might help bring focus and clarity to the request that will be made to the City Council on Monday night. The only reason that I even applied for the rezoning was that the subdivision process required me to make notice to all the property owners within 350 feet, have a public hearing, etc. to update the plat for the land sale. As a result, I thought that it would be an "easy thing to add" to include the rezoning in the process, as the lot would now exceed five acres. It was also in part based on an incorrect assumption I had when I applied about some of the options that would be available to me with regards to accessory buildings if the lot was zoned A. As noted in my application, at the present time I have no specific intention or plans to use the land in any way that is not fully compatible with the allowed uses in either R -1 or A zoning. By formally withdrawing the application to have the lot rezoned, I hope this makes tangible my commitment to that statement, and helps to confirm that my only goal here is to protect and not develop the land along Patrick Eagan Park and the Caponi Art Park with this application. I very much appreciate the help you have provided in the process, the work that you did on the staff report, and the insight that Mike Ridley and you brought to the discussion at the APC meeting tonight as well. I look forward to the City Council meeting on Monday night, and it is my hope that we will be able to move ahead with a more focused and simplified application as a result of the decision to withdraw the rezoning request. Sincerely, Pete Ramstad cc: Mike Ridley tq.9 TO: Michael J. Ridley, City Planner Jon Hohenstein, Community Development Director FROM: Sarah Thomas, Planner DATE: January 30, 2014 SUBJECT: Fox Forest Third Addition PSYS Application 22- PS- 06 -12- 13;22- FS- 08 -12 -13 This memo is being written in response to the discussion at the Advisory Planning Commission (APC) meeting on January 28, 2014. This memo is centered upon the discussion regarding the application to rezone the property from Single Family Residential (R -1) to Agricultural (A) and the subsequent withdrawal of the application. Due to the discussion at the APC meeting, the applicant withdrew the Rezoning request; however, the APC staff report was centered on the A zoning. Upon direction from the City Attorney, the following is an analysis that sets forth how the proposed subdivision complies with the R -1 standards. Bulls Standards — The two properties will meet the minimum 12,000 sq. ft. lot area requirements; however, proposed Lot 1 was originally developed as a flag lot and does not meet the minimum width of 85 feet as measured at the 30 foot setback. This nonconformity is an existing condition. No changes in lot widths (as measured at the front setback line) have been proposed. All other bulk standards (e.g. setbacks and building coverage) appear to meet City Code requirements. I`t`s Agenda Information Memo February 3, 2014, Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDME NT — SIGN SOURCE ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment for a pylon sign with dynamic display upon property located at 3340 Sherman Court, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: The property contains an 8,200 SF office building constructed in 2004 as part of Birchwood Office Park. ➢ Use and development of the property is governed by a Final Planned Development Agreement which includes a single -face pylon sign in the SE corner of this site. ➢ The proposal would replace the existing sign face with a business name panel on top (55.24 SF) and a dynamic sign panel on the bottom (49.85 SF). The entire sign face is 105 SF in area. An antenna/receiver unit of approximate 3" x 6" will be attached to the top corner of the sign to receive the signal for programming sign messages. ➢ The existing pylon sign structure should be improved per the original plan with masonry base to match the building and landscaping. ➢ Operation of the dynamic message panel is subject to City Code standards (e.g. frequency of message change, size of characters, etc.) ➢ The Advisory Planning Commission held a public hearing on the proposal at the January 28, 2014 meeting, and did recommend approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: February 16, 2014 ATTACHMENTS: (3) Location Map, page I60 Draft January 28, 2014 APC Meeting Minutes, pages K51 through 15d Planning Report, pages 1133 through I cos Location Map MOMM �ilot Nnob.� ar — 1 ® ® ®® ® ® ® ®1'��, ,I► Te N ROAD 'M R. Central .Park -P rk ITE D -41 la, - 4V, 47?1- O ARICE DR UARRYR� ,KV i. It Subject Site M A z - -ffl I I —A r 101 HA TOW 417 EEO® kvw �p& Z n I v V1 L c 000 ;F a ANANi CRESTRIDGE LAN wmk Project Name: Birchwood Office Park (Dr. Eisenhuth) Request: Planned Development Amendment Case No.: 10- PA- 07 -12 -13 * City of Eap 1� E M: 11- ax 0 CENTRE DRIVE E0J 1 I Feet 0 500 1,000 2,000 Legend PARCELS 08-2013 Buildings Parks ,Milli City Boundary N Advisory Planning Commission January 28, 2014 Page 4of8 B. Birchwood Office Park Applicant Name: Greg Rendall, Sign Source Location: 3340 Sherman Ct; Lots 1 -6, Block 1, Birchwood Office Park Application: Planned Development Amendment A Planned Development Amendment to add a dynamic message center to an existing pylon sign. File Number: 10- PA- 07 -12 -13 Planner Dudziak introduced this item and highlighted the info report dated January 17, 2014. She noted the background a Property owner Peter Eisenhuth stated the request wa of the pylon sign. Applicant Greg Rendall stated that the client friendly messaging. Chair Heaney opened the public heari There being no public comment, Cha discussion back to the Commission. Member Piper asked why a Planned Develc Planner Dudziak ex p lat'Wd the orb= i , al Plan , approval and dynar�c srgnage requires a sf Member Prashad asked:;if other Planner the entit Planned Sherman inal Plan I sted in the ✓elopment provided for specific signage approval. could also have pylon signs. lopment provided for specific signage for moved, Member Vandefpoel seconded a motion to recommend approval of a lopment Amendment for a pylon sign with dynamic display located at 3340 ,(,,subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Redo tier's office prior to issuance of a Sign Permit. 2. An administrative 5atgn Permit is required prior to installation of the new sign panel and dynamic display. 3. The pylon sign panels shall not exceed the dimensions as indicated on the sign exhibit dated December 26, 2013. 4. The pylon sign shall comply with all Sign Code requirements. 5. The pylon sign shall be improved per the original plan with masonry base to match the building and landscaping. The painted portion of the poles shall be repainted as necessary to maintain them in good repair. 1 5� Advisory Planning Commission January 28, 2014 Page 5 of 8 6. A Landscape Plan for the base of the sign shall be provided for staff review and approval, to be incorporated into the PD Amendment Agreement. The Landscape Plan shall be installed by July 1, 2014. All voted in favor. Motion carried 7 -0. t'j 2% PLANNING REPORT CITY OF EAGAN REPORT DATE: January 22, 2014 APPLICANT: Sign Source PROPERTY OWNER: Malocclusion, LLC CASE: 10- PA- 07 -12 -13 HEARING DATE: Jan. 28, 2014 APPLICATION DATE: Dec. 18, 2013 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 3340 Sherman Court COMPREHENSIVE PLAN: SA -O /S, Special Area — Office Service ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment for a pylon sign with dynamic display upon property located at 3340 Sherman Court, legally described as Lots 1- 6, Block 1, Birchwood Office Park 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 The property was platted and developed in 2004 as part of Birchwood Office Park. The property is governed by a Final Planned Development Agreement, which identifies a pylon sign in the southeast corner of the site. The pylon sign was installed with the initial construction. � 63 Planning Report — Sign Source January 28, 2014 Page 2 EXISTING CONDITIONS The site is developed with an 8,200 s.f. office building. Access is from Shennan Court, and the site abuts I -35E to the east. There is a single -face existing pylon sign in the southeast corner of the site. There are wood posts adjacent to the pylon sign, which appear to be from a previous land development or real estate sign. These wood posts should be removed. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area —The property is zoned PD, Planned Development, with a land use designation of O /S, Office /Service. The property is intended for use as professional office and specifically a dental office. Proposal — The applicant is proposing to replace the existing pylon sign panel with a split panel containing the business name on the top and dynamic message center on the bottom. The applicant's narrative indicates the dynamic display message center "would be used to promote Dr. Jennifer Orthodontics in a professional, esthetically pleasing, positive and family centered fashion." The dynamic display sign is 37" in height and 49.85 sq. ft. in area. It is considered subordinate to the business name panel which is 41" in height and 55.24 sq. ft. in area. According to City records, the existing pylon sign is 197" wide. The proposed sign is 194 ". The entire sign is 105 sq. ft. in area. Consistent with City Code, the original Sign Permit shows the pylon sign is 27' height. The proposal utilizes the same poles as the existing pylon sign. The existing pylon is P5�- Existing Use Zoning Land Use Designation North Ponding & Office PD, Planned Development SA -O /S, Special Area — Office /Service East I -35E Interstate right -of -way Interstate right -of -way South I -35E & Extended Stay Hotel Right -of -way & PD, Planned Development Right -of -way & SA -O /S West Office & Marice Manor Apartments LB, Limited Business SA -O /S, Special Area - Office /Service EVALUATION OF REQUEST Compatibility with Surrounding Area —The property is zoned PD, Planned Development, with a land use designation of O /S, Office /Service. The property is intended for use as professional office and specifically a dental office. Proposal — The applicant is proposing to replace the existing pylon sign panel with a split panel containing the business name on the top and dynamic message center on the bottom. The applicant's narrative indicates the dynamic display message center "would be used to promote Dr. Jennifer Orthodontics in a professional, esthetically pleasing, positive and family centered fashion." The dynamic display sign is 37" in height and 49.85 sq. ft. in area. It is considered subordinate to the business name panel which is 41" in height and 55.24 sq. ft. in area. According to City records, the existing pylon sign is 197" wide. The proposed sign is 194 ". The entire sign is 105 sq. ft. in area. Consistent with City Code, the original Sign Permit shows the pylon sign is 27' height. The proposal utilizes the same poles as the existing pylon sign. The existing pylon is P5�- Planning Report — Sign Source January 28, 2014 Page 3 supported by two metal poles which are painted to match the building color. There does not appear to be a landscape feature around the base of the sign, and the sign poles were not constructed with the decorative masonry base that is shown in the PD Agreement and on the original Sign Permit. The base of the poles are visible from the property and from Sherman Court, however, the fence and vegetation at the edge of the right -of -way screen the bottom of the sigh from views from I -35E. The pylon sign should be improved per the original plan with masonry base to snatch the building and landscaping and the painted portion of the poles should be repainted as necessary to maintain them in good repair. Sign Ordinance — All ordinance requirements appear to be met. The general sign standards of the dynamic sign code allow a message to change every 20 minutes and the dynamic sign must be subordinate to the business name portion of the sign. The character height is based upon the speed limit of the adjacent roadway, which is 15" for the 70 mph speed limit on I -35E. Setbacks — The pylon sign complies with the prior PD approval, satisfies the required 10' setback from property lines and is located outside of perimeter drainage and utility easements. Landscaping — The site was landscaped with initial construction. No new landscaping is proposed. The Final PD Agreement indicates the sign base was to be landscaped. From the site visit, it appears no landscape feature is provided at the base of the sign, although snow cover may have obscured it. A Landscape Plan for the base of the sign should be provided for staff review and incorporation into the PD Amendment Agreement. Such landscaping should be installed by July 1, 2014. Mechanical Equipment —The proposed dynamic sign will have a small receiver and antenna attached to the upper portion of the sign panel. This is used for receiving the signal for programming sign messages. The dimensions of the unit and antenna are 3.13" x 6.25" x 2.25 ". The small size of the unit appears to be unobtrusive. A light which serves to illuminate the parking lot is attached to one of the pylon sign supports, just below the sign panel. SUMMARY /CONCLUSION The applicant is requesting approval of a Planned Development Amendment for a pylon sign with dynamic display. The business sign is 55.24 sq. ft. and the dynamic display sign is 49.85 sq. ft. The message may only change once every 20 minutes, per the Sign Ordinance. The proposed sign will replace an existing pylon sign in the same location. The proposed sign appears to satisfy ordinance standards. ISM Planning Report — Sign Source January 28, 2014 Paize 4 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment for a pylon sign with dynamic display located at 3340 Sheiman Court. If approved the following conditions shall apply: A Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a Sign Permit. 2. An administrative Sign Permit is required prior to installation of the new sign panel and dynamic display. 3. The pylon sign panels shall not exceed the dimensions as indicated on the sign exhibit dated December 26, 2013. 4. The pylon sign shall comply with all Sign Code requirements. 5. The wood posts adjacent to the pylon sign shall be removed by July 1, 2014. 6. The pylon sign shall be improved per the original plan with masonry base to match the building and landscaping. The painted portion of the poles shall be repainted as necessary to maintain them in good repair. Construction of the masonry base and repainting of the support poles shall be completed by July 1, 2014. 7. A Landscape Plan for the base of the sign shall be provided for staff review and approval, to be incorporated into the PD Amendment Agreement. The Landscape Plan shall be installed by July 1, 2014. 1,5('9 Location Map `« 1 Lone A d V- ka.D..dI.,Rd ° 1 1 olmoy Rd 1 Clltt Rd 1 I 1 -aji7 e...W.N ea'E= Beni•• .•.a Project Name: Birchwood Office Park (Dr. Eisenhuth) Request: Planned Development Amendment Case No.: 10- PA- 07 -12 -13 City of BaQan 1 S q ' I Feet 500 1,000 2,000 Legend O PARCELS 08 -2013 Buildings /� 3 /Parks \ ,U11® !/` g6IIj City Boundary N Current Zoning and Land Use Map City of Ea�all Application: Sign Source (Dr. Eisenhuth) Type: PD Amendment Case No.: 10- PA- 07 -12 -13 Zoning PD Planned Development Land Use Plan SA -O /S, Special Area - Office /Service N 0 300 600 1,200 Feet 0 R -4 R -3 P ° PD M R -4 PD Y PD PP�K�N 0 J EL PD M O O MARICE DR Subject Site Uj RD LB < PD f/1 y PD Z W 0 PD COUNTY ROAD NO.28 (Y S GB /Z�=1-7-- ,--/ PD - o HD MD P m o HD �pPEt��P� O J a HD M 0 O MARICE DR F. 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WZ I Z 330 03A1333POIS 01!VYVNACI ODSOdOUd eD CL SELL 5:F 5,11 1 9 ff ID rt Lon 0 0 c au In Z; n 0 rT-1 I O O W- ro tC O eD CL SELL 5:F W- ro tC O MI m Z f.rr_F n z 0 0 m 0 �J lid a A app o B a �r Y N t 'o " >a A ag pip p r F1 A m �T E A P� e P I 0 a V� c9 N i name, P, \alllant \Mekro 0 g i / SITE PLAN y y pp EISENHUTH ORTHODONTICS q« ; I M• �;;;uM.s SIR my SAY N b A ICE DRIVE AND SNERMAN COURT EC AN, Fes— aa •��?•!„ •� �n� I ' Z r• o MINNESOTA •� ,e xx•s"a�' • I_' s CONSTRUCTION DOCUMENTS ^€ ? ^ m z rrf —1 UTILITY PLAN e o•. e. , .x•ma eZ dxg�Eeb 09, 09 \ 1 ^/� ✓ TM S Room IGN SOURCE �t (REATIVESOLUIIDNS #_, 00 Dr. Jennifer Orthodontics proposes the following change to the Birchwood Office Park Agreement (3340 Sherman Court). Change the current pylon sign to allow a section of the sign to be a dynamic message center. This message center would be used to promote Dr. Jennifer Orthodontics in a professional, esthetically pleasing, positive and family centered fashion. The sign would meet the city requirements of a dynamic sign in that it size would be subordinate to the business name, the frames would change at 20 minutes rate and the text size would be 15" or greater when used. The current single faced sign cabinet (198" x78 ") would be removed. The existing poles and footings would remain and a new cabinet incorporating the message center (194 "x78 ") would be installed. The Current property is a planned development and the used for office condos. This change in signage would have no impact on the surrounding property or land use and it would have no impact on city services such as sewer, water, storm water run -off and roads. RECEIVED [)cd1 I(O`_i NARRATIVE 7660 Quattro Drive Chanhassen, MN 55317 , phone: 952.975.4940 • fax: 952.975.9209 4 WWW.Sign- source.com Wireless Ethernet Bridge Communication Technical Specifications IN Power output: 125 mW (21 dBm), v �-F '± . 4 Watts EIRP ,;4 Outdoor /RF dine of Sight Range: 1500' RF Data Rate: 1.5 Mbps The Ethernet Bridge Radio (EBR) interfaces with any Ethernet client /host device to Interface Data Rate: 10 Base T achieve long range wireless Ethernet connections. The EBR is cost effective for users Receiver Sensitivity: -97 dBm needing greater range or more reliable connections in 802.11 saturated locations. The outdoor radios are NEMA -4 rated and include a PoE injector for the server radio. The Networking EBR is approved for use in the United States. Spread Spectrum Type: DSSS When should the Ethernet Bridge Radio he used as a communication interface? (Direct Networ n Sequence T spor'oad spectrum) ■ Wi•Fi range is insufficient 9 Topology: Matched g pair, point-to-point ■ A broadband Ethernet drop will cost too much or is impractical to install Error Handling: Retries ■ Guaranteed DSL -rate throughput is required Channel Capacity: 12 direct ■ Wi -Fi is too slow due to saturation or 2.4 GHz interference sequence non - overlapping channels (DIP switch selectable) Advantages Addressing: Point- to-point • Easy to install communications only ■ Replaces direct cable Encryption: 128 -bit encryption Does not interfere with Wi -Fl networks ■ Highest quality of service available — Synchronous point-to-point protocol enables General extremely low data latency and jitter Frequency Band: 902 -928 MHz ■ 128 -bit encryption payload protection provides secure data delivery Data Connection: RJ -45 Simple Plug-and -Play: Pre-aonfigured as matched pairs with no user programming Supply Voltage: 5.0 -24 VDC required (40 to 70- C) ■ Supports WAN extensions Physical Properties Security Size: 3,13° x 6.25" x 2.25" The encryption algorithm for the EBR is based on RC4 techniques with temporal keys (7.94cm x 15,88cm x 5.72cm) that change with every packet. It is similar to TKIP /WPA from Wfl's Task Group Weight: 10.34 oz. (2938) 802.111. The 128 bit key is the base vector that is used to create new keys for each Antenna Options: RPTNC (female) successive acket, Additionally each encryption key is coded from the factory and Operating Temperature: corresponds with the serial number thus preventing the radios to be cloned. -40 to 70' C Additionally, the physical difference in the hardware between the server and client Certifications radio prevents two clients, or two server radios from communicating; even if the 128 United States (FCC): R4N- AW900M bit encryption key and serial number would correspond, Canada (IC): 5303A- AW900M Requirements PC with Venus° • LAN (Local Area Network) or PC 1500 software "lacliol Ethernet Network Interface card Line of sight between radios Network patch cable Radio Server Ra�l>?4�litrrtl Ethernet Existing V Connection Ethernet ucP /IPi Network Radio - P. Server 201 Daktronics Drive PO Box 5128 Brookings, SD 57006.5128 tel 888.325- 7446 605 -692 -0200 ext. 56219 fax 605-6920381 www.dakironics.com email commerclol®daktrontcs.com - -- - i� Copyright ©2009 Daktronlcs DD 1715852 Rev 00 111709 t�.4I.T R❑ N I C S RECEIVED DEC �.6 X013 t C,` Agenda Information Memo February 3, 2014, Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENT — MFC PROPERTIES (TOWN CENTRE SHOPPES) ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to add a drive - through facility upon property located at 3450 Demmark Avenue, legally described as Lot 1, Block 1, Town Centre 100 20th Addition, subject to the conditions listed in the supplemental attachment. REQUIRED VOTE FOR APPROVAL: At least 3 votes FACTS: The property contains a 19,300 sf multi- tenant retail buidling constructed in 1988. ➢ Access is provided from Denmark Avenue. Cross - easements with the properties to the north provide internal circulation and shared access among the four commercial buildings. ➢ The existing drive aisle south of the building accommodates two -way traffic and is primarily used for service and deliveries. ➢ A drive - through lane is proposed south of the building. The existing service drive will remain, with a retaining wall in between. ➢ Drive- through traffic movement is proposed to be from west to east. A new door opening is proposed in the middle of the south building wall. ➢ Proposal results in net decrease in green space from 18.2% to 17.7 %. ➢ Parking exceeds current code standards; the staff report suggests removing some parking or paved area and converting to green space. ➢ Site Plan accommodates stacking for four vehicles. Applicant indicates this is sufficient for a dry cleaner which is "a lower volume business." Exiting vehicles have difficulty malting a right turn out of drive - through; allow only left turns out. ➢ The potential conflict with entering vehicles having to cross westbound traffic on the service drive should be minimal since the volume of service drive traffic is low. ➢ The Advisory Planning Commission held a public hearing on the proposal at the January 28, 2014, meeting, and did recommend. ISSUES: ➢ Staff recommends removal of some surplus parking to replace the green space removed to accommodate the drive- through. Related conditions of approval were inadvertently omitted in the staff report, and consequently from the APC minutes. The intended conditions are identified in a supplemental attachment. `(_0 ➢ The applicant raised concerns about the difficulties of locating a restoration area, and questioned the benefit of converting existing parking to green space. The applicant has provided additional information summarizing their rationale on this matter. 60 -DAY AGENCY ACTION DEADLINE: February 16, 2014 ATTACHMENTS: (5) Location Map, page Conditions of approval (revised), page GCOR Draft January 28, 2014 APC Meeting Minutes, pages 00 through ['I l Planning Report, pages Ill I through (B` Applicant response to green space restoration, pages Vbb through 1010 l (09 Location J 0 MARICE DR Wwi ri�� TOVI Project Name: ToxvnCentre Shoppes2O13 Request: Planned Development Amendment Case No: 15'PA'O8'12-13 | City KIN ORE 10,12 Mh OU MINIMUM \ \�J �u8 / L-----J p°o n mm 1.no0 u.Nm Legend PARCELS 08-2013 aunmooa pamo JU1110 Z\ *0^4m*Boundary N � MA NTRE DRIVE KIN ORE 10,12 Mh OU MINIMUM \ \�J �u8 / L-----J p°o n mm 1.no0 u.Nm Legend PARCELS 08-2013 aunmooa pamo JU1110 Z\ *0^4m*Boundary N � Town Centre Shoppes Conditions of Approval (modified from staff report and APC minutes) Planned Development Amendment to add a drive - through facility upon property located at 3450 Denmark Avenue, legally described as Lot 1, Block 1, Town Centre 100 20t" Addition. 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: • Site Plan • Landscape and Green Space Restoration Plan 2. A Building Permit shall be obtained prior to construction of the new door opening. 3. A plan detail for the pedestrian guard rail between the drive through lane and the existing drive aisle shall be provided for staff review and approval, to be incorporated into the PD Amendment Agreement. 4. A "no right turn" sign shall be installed at the drive - through exit, limiting exiting vehicles to left turns only. The sign should be indicated on a revised Site Plan for the PD Amendment Agreement, and installed before the drive - through is opened for customer use. 5. A minimum of 1, 770 SF of impervious surface shall be converted to green space in conjunction with the drive- through improvement. 6 Landscaping removed to accommodate the drive - through improvement shall be replaced in areas converted from impervious to pervious. bq Advisory Planning Commission January 28, 2014 Page 6 of 8 C. Town Centre Shoppes 2013 Applicant Name: MFC Properties 15 LP, Bruce Miller Location: 3450 Denmark Ave; Lot 1, Block 1, Town Centre 100 20th Addition Application: Planned Development Amendment A Planned Development Amendment to allow a drive - through facility. File Number: 15- PA- 06 -12 -13 Planner Dudziak introduced this item and highlighted the infor report dated January 22, 2014. He noted the background and Member Dugan stated he is familiar with the applicant but asnot he will not abstain. ry in the City Staff this application so Applicant Bruce Miller stated he is seeking relief fro6m, the required conversion of fiimpervious area to green space. Miller explained when the< property originally developed a�d.-the large ponding area dedicated at that time and a site upgrade in 2008 - hbt added additIO",green space. He also pointed out areas of the site that cannot be, ified due to a previous agreement made with neighboring Walgreen's. saw Member Vanderpoel asked if that agreement could be renegotiated. Mr. Miller stated the chances are virtually`ml'.of that occurring since Ualgreen's would receive no benefit., Chair Heaney opened tWublidW__ring. There being no public` prn, ent, -h it Heaney cloFse�d the public hearing and turned the discussion back to the Corrtissior�� ,s,,. Member Supina stat 44, belie i,d, the green space on site was adequate but had some concern about the two wyfnovenent of the service drive lane on the south side of the building. Mr. Mill"plained that ma' ining twp' "=`way access was important for employee parking as well as service and deliveries t only for this property, but the other lots that share access through cross easements. 1%411 U'L t Member Filipi aske"bout fh�e stacking should the use of the space change in the future. Mr. Miller pointed out the ' there is space in front of the building currently used by dry cleaner customers as drop off parking that could accommodate vehicle queuing, if necessary. Member Dugan stated his agreement with Supina on the green space and concurred with Mr. Miller's assessment of the likelihood of Walgreen's renegotiating. Member Piper asked if the new door opening could be shifted further to the east to accommodate more stacking. Mr. Miller explained the proposed location is based on the location of dry cleaning equipment in M Advisory Planning Commission January 28, 2014 Page 7 of 8 the building. He stated if the user changes in the future a relocation of the window could be considered at that time. Member Piper moved, Member Prashad seconded a motion to recommend approval of a Planned Development Amendment to add a drive - through facility upon property located at 3450 Denmark Avenue, legally described as Lot 1, Block 1, Town Centre 100 20th Addition, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall'include the following exhibits: '4 • Site Plan • Landscape and Green Space Restoration Plan 2. A Building Permit shall be obtained prior to construcW 3. A plan detail for the pedestrian guard rail between the' drive aisle shall be provided for staff review and appro) Amendment Agreement. 4. A "left turn only" sign shall be installed at the drive -thro left turns only. The sign should be indicated on a-revis Agreement, and installed before the drive - through as.ol All voted in favor. Motion carried 7 -0. k9 l °6f the new door opening. rive through' ",and the existing al, to be incorporated into the PD ghex)t limiting exiting vehicles to dFSite Plan for the PD Amendment �Aed for customer use. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 22, 2014 APPLICANT: MFC Properties CASE: 15- PA- 06 -12 -13 HEARING DATE: January 28, 2014 PROPERTY OWNER: MFC Properties 15 LP APPLICATION DATE: Dec. 18, 2013 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 3450 Denmark Avenue COMPREHENSIVE PLAN: SA /RC, Special Area /Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to add a drive - through facility upon property located at 3450 Denmark Avenue, legally described as Lot 1, Block 1, Town Centre 100 201h Addition. 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 affinnative 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 The property was initially platted and the 19,300 s.£ multi- tenant retail building constructed in 1988. In 2002, the pylon sign was relocated from near the building to the west side of the site adjacent to Denrnark Avenue. In 2007, the adjacent property to the north redeveloped as a Walgreen's, which included adding a drive - through facility. To accommodate the drive - through, the property line shared with this site was adjusted and both lots replatted as Town Centre 100 20th Addition. A PD Amendment for Town Centre Shoppes was approved in 2008 to allow a drive- 49a Planning Report — Town Centre Shoppes 2013 Januaiy 28, 2014 Page 2 through on Building D. Exterior renovations and new landscaping were implemented Town Centre Shoppes at the same time. EXISTING CONDITIONS The site is developed with a retail commercial shopping center and associated surface parking. The south end of the existing building is occupied by Premier Cleaners. The storefront entrances are located on the west side of the building, with service areas to the east. The building is connected to City sewer and water services, and no utility modifications are proposed with this planned development amendment. Driveway access to this lot is from Denmark Avenue in two locations with cross - easements to adjacent retail properties to the north. Among the four lots, there are five full access locations onto public streets (two on Denmark Avenue, two on Town Center Drive, and one on Yankee Place). The existing drive aisle on the south side is approximately 24 feet wide and accommodates two -way traffic behind the buildings. Currently, very little traffic utilizes the drive aisle behind the buildings as it is primarily used for deliveries. The building elevation is approximately 3.5 to 4 feet above the grade of the adjacent drive aisle. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Site Plan — The Site Plan proposes to remove the trees and green space adjacent to the south side of the building. A drive - through lane (13.7' wide) is proposed to be constructed in this location; the existing service drive will remain. Because the grade drops between the building and the existing service drive, a retaining wall will be installed between the drive - through lane and the existing service drive. The maximum exposed height of the retaining wall is 42 ". The drive - through approach would be from the west (front). Eastbound traffic entering the drive- through will cross westbound moving traffic along that side of the building. The drive - through Gq Existing Use Zoning Land Use Designation North Walgreen's /Town Centre Shoppes PD, Planned Development SA /RC, Special Area /Retail Commercial East CDA Offices PD, Planned Development SA /OS, Special Area /Office Service South Apartments /ponding R -4, Residential Multiple HD, High Density West Retail (car wash, Town Centre, Rainbow Foods) PD, Planned Development SA /RC, Special Area /Retail Commercial EVALUATION OF REQUEST Site Plan — The Site Plan proposes to remove the trees and green space adjacent to the south side of the building. A drive - through lane (13.7' wide) is proposed to be constructed in this location; the existing service drive will remain. Because the grade drops between the building and the existing service drive, a retaining wall will be installed between the drive - through lane and the existing service drive. The maximum exposed height of the retaining wall is 42 ". The drive - through approach would be from the west (front). Eastbound traffic entering the drive- through will cross westbound moving traffic along that side of the building. The drive - through Gq Planning Report — Town Centre Shoppes 2013 January 28, 2014 Paae 3 exit lane is at the east end (rear) of the building. The applicant has provided a template for vehicle movements through the drive - through lane using a pick -up truck. Building Elevations — A new door opening for the drive - through service is proposed in the middle of the south building wall. A Building Permit is required for construction of the new door opening. Setbacks — The drive -thru lane is proposed adjacent to the building on the south side, between the building and existing service drive. No building expansion is proposed. The pavement setback from the property line will remain as it is currently. Stacking — For most types of drive - through facilities — food, pharmacy, bank, etc. — minimum stacking is typically five vehicle spaces. The Site Plan accommodates stacking for four vehicles, which the applicant asserts is "more than enough as diy cleaning/laundering is a lower volume business." Green Space — Under current City Code, Commercial zoning districts require a minimum of 30% green space. The purpose of the minimum green space standards is both for its impacts on storrnwater runoff as well as aesthetics. Water quality requirements were nonexistent when the original plat was established in 1988, and the development of this property also pre -dates the minimum green space standards. Current conditions provide 18.2% green space on this lot. It has been the City's practice to evaluate existing non - conforming properties when improvements are proposed, with the goal of achieving no net decrease in green space. The current proposal adds 1,770 sq. ft. of impervious coverage, and does result in a decrease of green space to 17.7 %. Current retail parking standards require 87 parking stalls for this 19,300 s.f. building. 130 stalls are currently provided, nearly double the minimum number required by City Code. Consequently, there is ample opportunity to replace the green space elsewhere on the site by removing some parking stalls and converting the pavement to green space. The 1,770 sq. ft. necessary to achieve the level of existing green space equates to 10.5 parking stalls. Grading/Stonn Drainage — The site drains south to an existing stormwater basin. The basin has sufficient capacity to handle runoff from the added impervious coverage. When the adjacent Walgreen's site was redeveloped in 2006, some impervious coverage behind these two buildings was removed, overall green space increased, and a rain garden added. For these reasons, additional storm water measures are not required. Landscaping — Three landscape trees and some shrubs are proposed to be removed on the south side of the building. No new landscaping is proposed. The site is currently fully landscaped. A portion of the frontage along Denrnark Avenue consists of sod, however, substantial planting in this area is not recommended because of a water main in that location. Additional trees should be planted in the areas where existing parking stalls are converted to green space to offset the increased impervious coverage resulting from the drive - through lane.. IVI q Plaiming Report — Town Centre Shoppes 2013 January 28, 2014 Page 4 Utilities — The building is connected to City sewer and water services, and no utility modifications are proposed with this planned development amendment. Access /Site Circulation — No access modifications are included with this proposal. The proposal includes removing the existing grassy area on the south side of the building and creating a one way (eastbound) elevated drive through area. A 42 -inch high retaining wall is proposed to raise the 13 foot wide drive lane to the elevation of the building, resulting in relatively steep grades (8 %) to and from the unloading area, but not exceeding the maximum street grades allowed for public streets. A "pedestrian guard rail" is shown on top of the retaining wall, however, no detail has been provided for its design. A plan detail for the pedestrian guard rail between the drive through lane and the existing drive aisle should be provided for staff review and approval, to be incorporated into the PD Amendment Agreement. Traffic exiting the drive through area would be expected to have difficulty making a right turn because of the narrow 13 foot wide drive through lane, a tight 13 foot exit radius, and the 24 -foot wide drive aisle width. The applicant provided turning movement diagrams that show pickup trucks would not be able to make a right turn to exit without backing their vehicle up to finish the turning movement. They would also need to cross into the oncoming traffic lane. Although no additional turning movement diagrams were provided, the applicant's engineer also anticipates larger passenger cars having difficulty making right turns. Right exiting vehicles could potentially create an internal site circulation issue and should be prohibited. "No Right Turn" signage should be installed at the exit. Left exiting vehicles are not expected to have difficulty making the turn. Easements /Rights of Way/ Pen-nits — Existing easements are in place for the shared access and site circulation with the three buildings to the north. Tree Preservation — Three existing landscape trees are proposed to be removed along the south side of the building and are not proposed to be replaced. The remaining green space on the property is fully landscaped. Financial Obli ag tion — At this time, there are no pending assessments on the parcel. SUMMARY /CONCLUSION The applicant is requesting approval of a Planned Development Amendment to add a drive - through facility upon property located at 3450 Demnark Avenue. The property was initially developed in 1988, and modifications were made to the site in 2006 with the redevelopment of the adjacent Walgreen's site to the north. The drive - through is proposed adjacent to the south side of the building. A retaining wall is proposed between the new drive through lane and the existing drive aisle. The drive - through design requires entering vehicles to cross the lane of oncoming traffic on the south side of the building. Because very little traffic utilizes the southerly drive aisle, conflicts with the drive- � Planning Report — Town Centre Shoppes 2013 January 28, 2014 Page 5 through approach should be minimal. Also, vehicles exiting the drive - through will have difficulty making a right turn. Exiting traffic should be restricted to left turns only. The proposed drive - through will result in increased impervious coverage. A surplus of parking currently exists on the site. Some parking should be converted to green space to offset the added impervious area. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to add a drive - through facility upon property located at 3450 Denmark Avenue, legally described as Lot 1, Block 1, Town Centre 100 20th Addition. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: • Site Plan • Landscape and Green Space Restoration Plan 2. A Building Permit shall be obtained prior to construction of the new door opening. 3. A plan detail for the pedestrian guard rail between the drive through lane and the existing drive aisle shall be provided for staff review and approval, to be incorporated into the PD Amendment Agreement. 4. A "no right turn" sign shall be installed at the drive - through exit, limiting exiting vehicles to left turns only. The sign should be indicated on a revised Site Plan for the PD Amendment Agreement, and installed before the drive - through is opened for customer use. �n(0 Location MA Central P.ir 0 1 Emile nuu nun nu, oob�p ® ®® mm.y Rd ®� 4q, "1 © �i ® ® ®® ®�� ®Jed ® ® ®s ' ® ®i7i0 ® ®► ®e� ® ® ®® ®® '® � ®� ® .� ® � 1 ®.��' ® ®era. ® ®00�� ®A � ®�® �� ��• �� ®� ®� �I �• ® ® ^ °e��® � ®e9�ee. ®:�� � ®.® ®DSO ®�� ® r 111►► ® > ®� � � a® ®A�a®s ®a® —1 Feet Project Name: Town Centre Shoppes 2013 0 500 1,000 2,000 Request: Planned Development Amendment Legend Case No: 15- PA- 06 -12 -13 F-1 PARCELS 08 -2013 City of Bap M Buildings Parks 1611i City Boundary N • j� Lono Oak d � ankeo o.om..Rd 1 i Clifr Rd ' e....�IVlaji� ea�x�'ke�•• ...; —1 Feet Project Name: Town Centre Shoppes 2013 0 500 1,000 2,000 Request: Planned Development Amendment Legend Case No: 15- PA- 06 -12 -13 F-1 PARCELS 08 -2013 City of Bap M Buildings Parks 1611i City Boundary N Current Zoning and Land Use Map City of Ea�al< Application: Town Centre 100 20th Addn. Type: Planned Development Amendment Case No.: 15- PA- 06 -12 -13 Zoning PD Planned Development Land Use Plan SA /RC Special Area/ Retail Commercial 0 300 600 1,200 Feet LB PD / II 1 1 COUNTY ROAD NO.28 (YANKEE DOODLE S LPD ASubject Slite J RC [; PD M COUNTY ROAD NO.28 (YANKEE DOODLE Subject Site M* RC oN <z a� a� LL 0 LO 0 a o •- a� o N C 11) cu N q N N m N > C C o oN �'m � o v E !� L Ri C� N = L LO O 0) L M a in i"D e� 9� 9g ! ! m g Iris ° i. I I ° mx lw� •I, � ! ! I I 1 'i , 3� � A I CZ I 8° I €� ° No v� 9 r T 0 mg ! I ! ! m z I ; ; ,I m K ! m ! Km Z a In I �o.$nz I I ' A Z Fad ! ! o cis '0 ! ! ! 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I Im I II yk i V m I I I II I I I I I NI I I I II I I I I A I I I II I I I I I N I I I I I I I I I I I II I I z z I I I I I I m I I I I \ U) STACKING M S \� � �1= KV, P�1Z_S 2_4�V. S NARRATIVE MFC Properties, on behalf of its Tenant, Premier Cleaners is requesting a PD Amendment to allow for a drive thru on the south end of its building at 3450 Denmark Avenue. This multi - tenant building is located just south of the Walgreen's located in the SEQ of Denmark Avenue and Town Centre Drive. Premier Cleaners has been a successful business in Eagan for over 25 years providing both dry cleaning and laundering services to residents and employees of Eagan. During the last couple of years, the dry cleaning industry as a whole has experienced very little growth and Premier's business has been no exception. In spite of the difficult sales environment, the owner of Premier Cleaners has continued to adjust its business model to remain successful. In an effort to make its services more convenient, the owner believes it is necessary to provide drive thru service. The drive thru model has proved successful and as a matter of fact is being franchised nationally by Proctor and Gamble through its non Tide Dry Cleaners. Premier believes that in order to retain existing customers and entice new ones to try its services, they need to have a drive thru facility. If this PD Amendment is approved, MFC Properties would commence construction in the early Spring with completion shortly thereafter. In our opinion, the drive thru would have no negative impact on the surrounding area. Adjacent properties to the north, east and west are all zoned commercial and the property to the south is high density residential. There are three existing trees that will need to be removed to make way for the drive thru, but as you can see on the attached landscape plan, we voluntarily added significant landscaping upgrades when we renovated the shopping center a few years ago. From a screening perspective, the location of these trees does not provide any screening from adjacent properties and therefore the removal should have no negative impact on the adjacent properties. Ultimately, the benefit to the general public is that by allowing Premier Cleaners to provide this service, this long term, locally owned and operated business, taxpayer and employer will be able to offer their customers the convenience of a drive thru, and hopefully allow Premier Cleaners to operate successfully in Eagan for another 25 years! WORD FOLDERS \TENANT FOLDERS \PREMIER CLEANERS\PD Amendment - Narrative (2013).doex RECEIVED OR 18 2M _ NARRATIVE Pam Dudziak From: Bruce Miller <bmiller @mfcproperties.com> Sent: Wednesday, January 29, 2014 11:10 AM To: Pam Dudziak Subject: Town Centre Shoppes PD Amt. - RESEND WITH EXHIBITS Attachments: Landscape Areas.pdf, Exhibit C.pdf Hi Pam — Thanks for your willingness to consider a credit for previous work done regarding the green space restoration. As we discussed, we are respectfully asking the City Staff and City Council to consider providing relief regarding the elimination of essentially 11 parking stalls. As I mentioned at the Planning Commission meeting, when we renovated the shopping center back in 2008, on our own volition , we added several new green spaces throughout the project. In total we added 176 new plant species which included 9 new trees. This was part of over a one million dollar renovation to the center. Our hope is that the City will consider giving us credit for the green space we added in 2008 (please see attached plan showing the new landscape beds including the 2 pages detailing the plant materials). The difficulty we have in adding additional green space is there is not good area to eliminate 10.5 stalls that doesn't impact the function of the parking field. Due to a private easement we have with Walgreen's, there is a "No Change Area" where we are not allowed to eliminate parking (see attached Exhibit C ). The remaining area is prime parking area and elimination of essentially 11 spots would disrupt the cohesiveness of the parking field. I marked up what the removal of 11 stalls would look like on exhibit C and in my opinion it looks awkward. Another point worth consideration is the pond to the south, although not considered part of the legal description of this property, was dedicated by the owner when the original Town Centre plat was approved. As green space calculations were not as important then, it was not included as part of this parcel. In hindsight it probably should have been and would have significantly increased the percentage of green space on this parcel. Pam in conclusion, the owner is asking that Staff and the City Council consider eliminating conditions 5 and 6 and remove Green Space Resoration Plan from the second bullet on Condition 1. As always, I enjoy working with you and Mike and have always believed the City of Eagan is a great place to do business. Thanks again for your consideration. Bruce Bruce Miller, CCIM Vice President MFC Properties Corporation 3470 Washington Drive, Suite 102 Eagan, MN 55122 (0)651- 452 -3303 (c) 612- 209 -7213 (f) 651 - 452 -3362 bm it lera.mfcaroaerties.com www.mfcr)ror)erties.com —4*lr F — RV rrwa cwuuvarn,-1 W10 M I@ ItE CO N Z W zw ur I MILE 3nN3A7 r 'dd4VN3(3 l� ONIo lltls a I; Wm p PO 89 m m 8 - IL tp ' aI L U) IL IL Ul _P 5 `vt z a LW LJ z ONIo lltls To,*vn ntre Shc3ppe's. B• , ilding A t ry Y t �•�� � r P•A �.. Pte, maw ... � _J j 4� (.� � 111VVV���111�•s �. • y i . 4 f } �aY/ �• m? �±iYj��K>s- Mt..'�LM.dx�r?!tY,�. ..r.u'.it,..�{.x �t�+lSdwt „t. r.. yM+ � yy . •' �} yP 1 lam ��� J] W VI .Y +mks , sxe' To Centre Shfl es- a r \ • . ors , ' c9 �r. V-3 2 • iJ p. Q to .. Ld vi S a VJ t;. Pa, . N. ' . Lj r� 3 •�) � � � 1 Pre* " `� y r��•_•' � , ,.,a.f - ,� �; :sue. � � • } +� Y' ` •� O � i � ' � :'.Q�s . I • sir i t' Vl. ' �"" is1 1 ' i f x,. 1 4 411 Wo i .c9 Ya r Ks m ' . w +?' i •N � �, :. Oar. r • I F 1� uj cy—, I-- z uj U Z 0 17— EXHIBIT C PAGE I 00A LIGHT POLE EASEMENT NO WCHANGE x AREA M PARCEL B EXCLUSIV PARKING E H I E EXISTING T Po IG —7 S DENMARK AVENUE EA EMEF LIGHT POLE AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER FEBRUARY 3, 2014 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1, APPROVE EDA Minutes 2. AUTHORIZE Request for Extension of Five Year Rule for Northeast Eagan TIF District #2 -5 3. APPROVE Extension of Preliminary Redevelopment Agreement with Pratt Development for the Cedar Grove Redevelopment District D. OLD BUSINESS E. NEW BUSINESS 1. PUBLIC HEARING to Consider the Sale of Cedar Grove Redevelopment District Property to MHC Cedar Grove LLC 2. AUTHORIZE Preparation of Subdivision for Property to be Sold to MHC Cedar Grove LLC F. OTHER BUSINESS G. ADJOURN C�j Agenda Information Memo Eagan Economic Development Authority Meeting February 3, 2014 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 January 21, 2014 EDA meeting are enclosed on page_ \c l'j 2. AUTHORIZE Request for Extension of Five Year Rule for Northeast Eagan TIF District #2 -5 — At its meeting of January 15, 2014, the Finance Committee reviewed the memo enclosed on pages 1I,(# through � and recommended that the EDA authorize staff to request special legislation of the City's Legislative delegation to extend the five year expenditure rule for Northeast Eagan TIF District #2 -5 for an additional five years to April, 2019. The Committee recommended that the bill be pursued separate from the Cedar Grove Redevelopment District legislation. Staff will request an amendment of the EDA's representation agreement with Larkin Hoffman for this purpose. 3. APPROVE Extension of Preliminary Redevelopment Agreement with Pratt Development for the Cedar Grove Redevelopment District — In 2013, the EDA referred to the Finance Committee the matter of monitoring the Preliminary Redevelopment Agreement with Pratt Development and Cassidy Turley and the related representation and marketing activities. At the Committee's recommendation, that agreement was extended through March 19, 2014. Since that time, the Finance Committee has received periodic updates from the master developer team on the status of development prospect contacts and has worked with the team on the negotiation of the purchase agreements and development proposals for The Flats apartment project A), and the Morrissey Hospitality hotel project. The Committee has indicated that it is satisfied with the work of the team and has provided feedback on ongoing marketing efforts. Based on the activity to date and ongoing discussions with additional prospects for other properties in the Redevelopment Area, an extension of the Preliminary Development Agreement for another year through March, 2015, with the Committee continuing to monitor and providing direction to the developer team as proposals and projects come forward. A copy of the Extension of the Agreement is enclosed on pages kq through (q l . MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 21, 2014 A meeting of the Eagan Economic Development Authority was held on Tuesday, January 21, 2014 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Osberg, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of December 17, 2013 - EDA meeting. 2. It was recommended to schedule a Public Hearing to consider the sale of Cedar Grove Redevelopment District Property to MHC Cedar Grove LLC February 3, 2014. 3. It was recommended to approve an agreement with Mohagen Hansen for the development of a Computer Model of the Cedar Grove Redevelopment for proposal analysis. There was no Old Business. There was no New Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS EDA ORGANIZATIONAL BUSINESS Community Development Director Hohenstein noted as part of its annual organizational business, the EDA elects its officers and appoints its Executive Director and Secretary /Deputy Director. In 2013, the officers of the Authority were as follows: President: Mike Maguire Vice President: Meg Tilley Treasurer: Paul Bakken Executive Director: City Administrator Dave Osberg Secretary /Deputy Executive Director: Community Development Director Jon Hohenstein For 2014, Mayor Maguire suggested the following officers: President: Mike Maguire Vice President: Cyndee Fields Treasurer: Gary Hansen Executive Director: City Administrator Dave Osberg Secretary /Deputy Executive Director: Community Development Director Jon Hohenstein Councilmember and Commissioner Bakken moved, Councilmember and Commissioner Tilley seconded a motion to elect /appoint officers of the Eagan Economic Development Authority as amended. Aye: 5 Nay: 0 ADJOURNMENT Commissioner Fields moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director AfihL- V I TO: DAVE OSBERG, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 27, 2013 SUBJECT: NORTHEAST EAGAN TIF DISTRICT #2 -5 FIVE YEAR RULE While most of our attention recently has related to the City's request for an extension of the TIF District term and Five Year Rule for the Cedar Grove Redevelopment District, we have also reviewed the background related to Northeast Eagan TIF District #2 -5 and found that it is nearing the end of its Five Year Rule, the time within which expenditures may be made to support redevelopment activities. The timeline runs in April, 2014. Since new development within the District must be underway by that time and no development plans are pending, it will not be possible to assist future development in the area without an extension of that deadline by the Legislature. The question is whether to request the extension separately (now or in the future) or as a part of the City's request for the Cedar Grove Redevelopment District extension. TIF District #2 -5 was certified in 2009. A graphic of the area is attached. It is made up of the portions of Northeast Eagan TIF District #2 -4 that had not redeveloped at that time. District #2 -4 facilitated the redevelopment of properties in the area into the Grand Oak Business Park. The City and EDA are not exposed from a property cost standpoint, as the properties that were acquired were resold to McGough Development in anticipation of the Blue Gentian Corporate Center development that has been approved for construction in the southeast quadrant of 1 -494 and I -35E. As a consequence of the depressed office market in the aftermath of the recession, McGough has not been able to attract an anchor tenant or buyer to initiate that project. The City has a TIF Development Agreement with McGough that commits it to provide pay as you go assistance of 75% of the TIF revenues created, as it may be available. The purpose of the TIF assistance is to support the construction of a parking structure within the development that would permit a larger, more vertical building to be constructed on the site than would be possible without it. The remaining 25% of increment generated would be available for pooling to other districts, if necessary. G O, (-Q The other purpose for requesting an extension of spending authority is that no redevelopment activity has occurred or been proposed in the portion of the district south of Hwy 55. In the long run it may be worthwhile to work with property owners in the area to consolidate certain parcels and incorporate the Budget Host Hotel property into a broader project. In discussions with House staff regarding the Cedar Grove TIF extension, it has been observed that requests for Five Year Rule extensions, without district term extensions, have been relatively non - controversial. We understand, too, that it is better to ask for the extension before the current Five Year Rule expires than after. POLICY QUESTION: As noted above, the question is whether to request an extension of the Five Year Rule for District #2 -5 in the 2014 session or in the future and, if it is to be in the 2014 session, whether to make the request together with the Cedar Grove Extension request or as a separate request. I believe it would be better to ask now and separate from the Cedar Grove request. This is not unprecedented as Bloomington had several bills for different TIF districts last year. We would also need to decide whether to ask Larkin Hoffman to support this bill as well or try to manage it without lobbying assistance. I suspect they would charge extra to do so, but we could negotiate some reasonable compensation since they will be there on our other bill anyway. Please share this background with the Finance Committee in order to provide the information and a recommendation to the EDA in the near future. Thank you for your help in this regard and please let me know if the Committee members or you have any questions. Community Development Director kM THIRD EXTENSION OF AMENDED AND RESTATED PRELIMINARY REDEVELOPMENT AGREEMENT THIS THIRD EXTENSION OF AMENDED AND RESTATED PRELIMINARY REDEVELOPMENT AGREEMENT ( "Extension ") is made this day of , 2014, by and between Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter the "EDA "); the City of Eagan, Minnesota municipal corporation (the EDA and the City of Eagan are hereinafter collectively referred to as the "City "); and Pratt Development, Inc., a Minnesota corporation (hereinafter referred to as the "Redeveloper "). (The City and Redeveloper are hereinafter collectively referred to as the "Parties. ") WHEREAS, the City and Redeveloper entered into an Amended and Restated Preliminary Redevelopment Agreement dated March 15, 2011; a First Extension of Agreement and Restated Preliminary Redevelopment Agreement dated March 20, 2012; and a Second Extension of Agreement and Restated Preliminary Redevelopment Agreement dated March 19, 2013 (the "Redevelopment Agreement "); and WHEREAS, the Redevelopment Agreement identified Redeveloper as the Master Developer for the Core Area of the Cedar Grove Redevelopment District (the "Redevelopment Property ") as generally depicted on Exhibit "A ;" and WHEREAS, the Redevelopment Agreement granted Redeveloper certain exclusive rights to the Redevelopment Property until March 16, 2014; and WHEREAS, the Parties are desirous of extending the term of the Redevelopment Agreement and expanding the scope of the Redevelopment Property, all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. AMENDMENT OF REDEVELOPMENT AGREEMENT. Paragraph 2 of the Redevelopment Agreement is hereby amended to read as follows: UNDERTAKING AND EXCLUSIVE RIGHTS. In consideration of the time, effort and expenses to be incurred by the City and Redeveloper in pursuing the undertakings set forth herein, the City hereby agrees that for the term of this Agreement it will not: (i) provide or enter into an agreement for provision of financial assistance to any third party in connection with any proposed development within the Site; and (ii) condemn or agree to proceed with the condemnation of any property within the Site to assist or facilitate development within such area by a third party. Said exclusive rights shall continue, unless earlier terminated, as provided for herein, until March 16, 2015, or until such later date as the Parties may mutually agree. IN 2. REDEVELOPMENT PROPERTY. The Redevelopment Property shall consist of the properties outlined on the attached Exhibit "A." 3. No ADDITIONAL AMENDMENTS. Except as amended by paragraphs I and 2 above, all other terms of the Redevelopment Agreement shall remain in full force and effect. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Mike Maguire Its: President By: David M. Osberg Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk PRATT DEVELOPMENT, INC., a Minnesota corporation By: Leonard Pratt Its: President 2 4 STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2014, by Mike Maguire and David M. Osberg, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2014, by Mike Maguire and Christina M. Scipinoi, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2014, by Leonard Pratt, the President of Pratt Development, Inc., a Minnesota corporation, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: Notary Public DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 (RBB: 206 - 26768) 3 MN EXHIBIT A c.1 Agenda Memo Eagan Economic Development Authority Meeting New Business February 3, 2014 1. CEDAR GROVE REDEVELOPMENT DISTRICT — PUBLIC HEARING REGARDING SALE OF PROPERTY FOR STONEBRIDGE APARTMENT DEVELOPMENT PROJECT ACTION TO BE CONSIDERED: To close the public hearing and direct the preparation of findings of fact to approve a real estate purchase agreement between the Eagan EDA and MHC Cedar Grove LLC for the property area defined by the project's Preliminary Concept Plan. FACTS: • At its meeting of December 3, 2013, the Eagan Economic Development Authority Board received a presentation by Bill Morrissey, on behalf of Morrissey Hospitality Companies, who had submitted an offer to acquire a portion of the 1.8 acre parcel (.978 acres) which is located between the Cedar Grove Parking Garage and Cedar Grove Parkway for the development of a 4 story, 123 unit, limited service hotel that would meet the majority of its parking needs through an easement agreement to use spaces in the Parking Garage. • At that time, the EDA Board approved a site plan dated November 26, 2013 as a preliminary concept plan for the hotel development plan proposed by Morrissey Hospitality for property located on lot embedded within the EDA's Cedar Grove Parking Garage. The EDA noted that the proposed hotel development is consistent with the goals and priorities for the redevelopment district and that the configuration of the proposal on roughly one -half of the lot would preserve development opportunities for future development, including a potential future hotel on the remaining portion of the site. • At that time, the EDA also directed staff and the City Attorney to prepare a purchase agreement based on the basic terms of the Morrissey Hospitality Letter of Intent and to schedule a public hearing for the consideration of that agreement on February 3, 2014. A public hearing is required when a public entity considers the sale of property to a private party. The agreement has been negotiated and executed by MHC Cedar Grove LLC, the public hearing has been noticed and the matter is in order for consideration at this time. • The EDA has also authorized the City Attorney to request an opinion of the market value range of proposed sale by the City's appraiser, BRKW. The appraiser has confirmed that the proposed purchase price of $409,706 plus the proposed contribution to the parking ramp cost of $489,297 (Total payments to the EDA of $899,003) is within the fair market range for a sale of property for this use. As part of the consideration of the sale of publicly owned property, the Advisory Planning Commission considers the proposed use of the property and makes a finding as to its conformance with the City's Comprehensive Guide Plan. The APC considered this item at its meeting of December 19, 2013, and found the proposed development conforms to the Cedar Grove Special Area of the Comprehensive Plan. If it is approved, one of the conditions of the purchase agreement is that the developer proceeds with the formal development application and review process of the Advisory Planning Commission and City Council. The sale of the property will be contingent upon approval of that application. ATTACHMENTS: • Location map on page aAO • Redevelopment concept site plan dated November 26, 2013 on page X5 • Purchase agreement on pages QO(O through Q`ie . j,WMIQ - MTJ Uj 4<) ft'm m OUR ofi 41y) 44A SRI L-A-A ------ ----- - OUR ofi 41y) 44A SRI L-A-A r.S RBB 1 -21 -141 JMK 1 -21 -14 SALE AND PURCHASE AGREEMENT THIS SALE AND PURCHASE AGREEMENT (the "Agreement "), is made as of 2014 (the "Effective Date" of this Agreement) between the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the "Seller ") and MI-IC Cedar Grove L.L.C., a Minnesota limited liability company, and its assigns (the "Buyer "). In consideration of the mutual covenants and agreements hereinafter contained, the parties agree as follows: 1.) SALE AND PURCHASE OF REAL PROPERTY. Seller shall sell to Buyer, and Buyer shall purchase from Seller the following property (the "Real Property "): a parcel of land depicted on Exhibit A located in Eagan (the "City "), Dakota County, Minnesota, legally described as the easterly (.9) acres of Lot 2, Block 1, Cedar Grove Parkway 2 °d Addition, which parcel shall be platted prior to Closing by Seller, at Seller's expense, pursuant to a plat reasonably acceptable to Buyer. 2.) PURCHASE PRICE AND MANNER OF PAYMENT. The purchase price ( "Purchase Price ") to be paid by Buyer to Seller for (i) the Real Property shall be Four Hundred Ninety -one Thousand Seven Hundred Six and No /100 Dollars ($491,706.00). 3.) EARNEST MONEY. Twenty-five Thousand and No /100 Dollars ($25,000.00) as earnest money to be deposited with the Title Company no later than three (3) business days after the Effective Date (the "Earnest Money"), The balance of the Purchase Price, plus or minus any prorations and other adjustments required hereunder, shall be paid in cash, wire transfer, or guaranteed funds on the Closing Date, 4.) CONDITIONS TO BUYER'S OBLIGATIONS. The obligations of Buyer under this Agreement are conditioned upon satisfaction or waiver by Buyer of each of the following by the respective dates indicated: (a) Access. Seller shall allow Buyer and Buyer's agent's access to the Real Property without charge and at all reasonable times for the purpose of investigation and testing. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify, defend and hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities; provided that Buyer shall not be responsible for existing conditions on the Real Property nor the cost of investigations or studies completed by Seller before the Effective Date. Buyer shall further repair any material damage to the Real Property caused by or occurring as a result of Buyer's testing. (b) Cooperation. Seller shall, without charge to Buyer, cooperate in Buyer's attempts to obtain all governmental approvals and permits necessary in Buyer's judgment in order to allow the lawful use of the Real Property for Buyer's intended purposes. Nothing in this Agreement shall be deemed a waiver of the Eagan City Council's right to exercise its legislative discretion to approve or reject any development proposal presented to the City by Buyer. (c) Documents. Within ten (10) days after the date of this Agreement, Seller shall deliver to Buyer true and correct copies of all of the Documents (as hereinafter defined) for Buyer's examination and analysis. (d) Document Review. Buyer shall have determined in its sole discretion, that it is satisfied with its examination and analysis of all contracts, agreements, plans, warranties and all other documents in connection with the Real Property (together with any amendments thereto), including, without limitation, the following (all of which are collectively referred to herein as the "Documents"): 0) Tests. To the extent available, results of soil tests, percolation tests, structural engineering tests, masonry tests, water, oil, gas, mineral, asbestos, radon, formaldehyde, PCB or other environmental tests, inspection reports, surveys, market studies and core samples, if any, which relate to the Real Property or the business carried upon therein and which are either in Seller's possession or control. (ii) Phase I ESA. Copies of any environmental reports, including any Phase I Environmental Site Assessments andlor Phase II Environmental Site Assessments, concerning all or part of the Real Property that are in Seller's possession or control. (iii) Surveys and Maps. To the extent available, surveys, plats or other depictions relating to the Real Property and copies of all wetland analyses, planning studies, aerial photographs, topographical maps or studies, engineering studies and plans and mylars. (iv) Title Insurance Policies. All title insurance policies with exception documents related to the Real Property. (v) Contracts. All agreements, contracts, agreements or other instruments affecting all or any portion of the Real Property, if any, (collectively the "Contracts "), including, without limitation, all warranties and guaranties given to, assigned to, or benefiting Seller or the Real Property. (e) Governmental Approvals. Buyer shall have obtained, at its sole cost and expense, all governmental permits, approvals and licenses as Buyer deems necessary in its sole discretion for its intended development, construction and use of the Real Property, including without limitation obtaining final subdivision and final plat approval from the City and all other applicable governmental authorities and shall have reached agreement with the City on any required developer's agreement related to the development of the Real Property. (f) Compliance with Laws. On or before the Inspection Deadline, Buyer shall have reasonably determined that the Real Property and Buyer's intended use there of fully complies with all existing local, state, and federal regulations concerning the maintenance and operation of the Real Property, including Zoning, building, health and safety, fire safety and environmental codes and laws and such use is and will be a legal conforming use. (g) Title. At the Closing, Title shall have been found acceptable by Buyer in its sole discretion, or been made acceptable, in accordance with the requirements and terms of Section G below. iA (h) Financing. At the Closing, Buyer shall have obtained financing in the form of equity and debt for the purchase of the Real Property on terms satisfactory to Buyer in Buyer's sole discretion. (i) Hotel Franchise. Buyer shall, successfully procure a suitable hotel franchise agreement for the Real Property on terms satisfactory to Buyer in Buyer's sole discretion. 0) Pad -Ready Site. Prior to Closing, the Seller shall have prepared the Real Property in a manner such that it is "pad- ready ", the definition of which is provided, but not limited by, the terms contained in Section 10 (m) of this Purchase Agreement. (k) Environmental Remediation. Seller shall have completed all environmental remediation on the Real Property that can reasonably be completed prior to any construction activity, provided that in any event Seller shall have obtained from the Minnesota Pollution Control Agency a "no association" letter expressly to or for the reliance of Buyer and sufficient in Buyer's sole discretion for Buyer to be an "innocent purchase" and to be protected from being a "responsible party" under applicable federal, state and local environmental laws. If there are any delays in completing environmental remediation as specified by this Agreement through no fault of Buyer, Buyer and Seller shall work in good faith to extend the timelines established in this Agreement; provided that such extensions shall not hinder nor delay Buyer's efforts to finance or lease the Project to prospective tenants. (1) Storm Water. The Real Property is presently served by an existing, permitted offsite storm water system along Minnesota State Highway 13 and Silver Bell Road, and such system complies with all applicable laws. Buyer shall have received confirmation from the City that such off -site storm water systems are adequate to serve the Real Property, has an efficient and properly placed access point on the Real Property and Buyer's proposed development thereon, that it can utilize, without cost, other than typical annual maintenance costs, such system for the transport, storage and treatment of all storm water from the Proposed Project. (nn) Representations and Warranties. The representations and warranties of Seller contained in this Agreement will be true now and on the Closing Date as if made on the Closing Date. (n) Completion of Parking Ramp, Seller shall have continued progress toward completion of construction of the parking ramp adjacent to the Real Property so that it is anticipated to be completed on or before August 15, 2014 and Seller and Buyer shall have entered into the Parking Ramp Easement and Operating Agreement in the form attached hereto as Exhibit B. (o) Direct Vehicular Access to Ramp. Seller and Buyer will work cooperatively to provide for an adjustment to the parking ramp so that Buyer's guests and staff may have vehicular access to the top level of the parking ramp directly from the Real Property and, accordingly, shall revise Section 2.1 of the Parking Ramp .Easement and Operating Agreement to reference vehicular access. (p) Utility Location. Buyer shall have confirmed that the location of the utilities coming into the Real Property is acceptable. (q) Government Fees. Buyer shall have confirmed the amount of all governmental fees in connection with the development of the Real Property is acceptable. M If any condition set forth in this Section 4 has not been satisfied or waived by Buyer within one hundred 'twenty (150) days of the Effective Date (the "Inspection Deadline ") or at the Closing for those conditions that specifically reference the Closing (i.e. subparagraphs (f), (g), (i) and (n) above) (the "Closing Conditions "), then Buyer may, at Buyer's option, terminate this Agreement. Upon receipt of such notice from Buyer, Seller shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for the covenants set forth in the Iast paragraph of this Section 4 regarding liens arising out of Buyer's activities on the Real Property (the "Surviving Covenant "). If Buyer has not terminated this Agreement on or before the Inspection Deadline or if Buyer closes the purchase without waiving the Closing Conditions, then Buyer shall be deemed to have waived the contingencies set forth herein. Each party will use commercially reasonable, good faith efforts to satisfy the foregoing conditions within its control but if such conditions are not satisfied by the Inspection Deadline, Buyer may, by written notice to Seller prior to the initial Inspection Deadline, extend the Inspection Deadline by thirty (30) days, at which time Buyer shall deposit with the Title Company an additional $7,500 as additional Earnest Money, which shall be treated as Earnest Money for all purposes of this Agreement. Notwithstanding anything to the contrary in this Agreement, in the event that this Agreement is terminated by Buyer for any reason under this Agreement other than as a remedy for a Seller default pursuant to Section 28 below, the Title Company shall not release the Earnest Money to Buyer until Buyer delivers a written request therefor. If this Agreement is so terminated, Buyer shall not allow liens to be filed against the Real Property as a result of Buyer's activities on the Real Property and, if any liens are filed, Buyer shall promptly cause them to be released. Buyer's obligations pursuant to the foregoing sentence are hereby guaranteed by Morrissey Hospitality, Inc. 5.) CONDITIONS TO SELLER'S OBLIGATIONS. The obligations of Seller under this Agreement are conditioned upon Buyer obtaining, at Buyer's sole cost and expense, all regulatory approvals, provided that if Buyer is satisfied in its sole discretion with such approvals, Seller shall not have a right to terminate this Agreement pursuant to this Section 5. 6.) TITLE MATTERS. Title examination shall be conducted as follows: (a) Title Evidence. Within ten (10) business days after receipt of the Documents, the parties shall obtain the following title evidence (collectively, the "Title Evidence "): 0) Title Insurance Commitment. Buyer shall order a commitment ( "Title Commitment ") from a reputable Title Company for an ALTA Form B 2006 Owner's Policy of Title Insurance committing to insure a marketable title to the Real Property in Buyer; Buyer shall request that the Title Company delete so- called "standard exceptions" related to survey matters, patties in possession, and liens for labor, materials and services; including affirmative insurance regarding appurtenant easements, separate real estate tax parcel, in the amount of the Purchase Price, and issued by the Title Company. The cost of the Title Commitment shall be paid by the Seller. The Title Commitment shall include complete and accurate copies of all matters described in Schedule B thereof; and (ii) Survey, Seller shall provide, at Seller's cost, a current survey of the Real Property, certified to Seller, Buyer, Title Company and Buyer's lender, prepared in accordance with ALTA /ACSM standards and such other requirements as requested by Buyer or Buyer's lender (the "Survey "). Seller shall deliver a copy of the survey to Buyer, and Buyer shall have five (5) days following receipt thereof, to either approve or disapprove of the composition of the Real Property as depicted therein. If the Buyer disapproves of the survey, the parties shall confer as to reconciling the issues with the survey. The cost of the Survey shall be paid by the Seller. (b) Buyer's Objections. Within thirty (30) days after receiving the last item of the Title Evidence, Buyer shall notify Seller of any objections ( "Objections ") to matters disclosed in the Title Evidence. Buyer shall be deemed to have automatically made Objections to any mortgage, judgment, tax lien, mechanic's lien and any other monetary lien against the Real Property (collectively "Monetary Liens"), With respect to any update to the Title Commitment and /or the Survey, Buyer shall have 10 days after Buyer's receipt of the applicable updated Title Commitment and /or Survey to notify Seller of any Objections; provided that Buyer shall not have the right to object to any matters that were shown on a previous Title Commitment and /or Survey and not timely objected to by Buyer, Seller shall use reasonable efforts to correct any Objections which shall include, if applicable, payment of the Monetary Liens out of proceeds from Closing on the Closing Date if they are not satisfied prior thereto. At Closing, Buyer shall have the right to require endorsement(s) to the Title Policy. If the Objections are not cured prior to the Closing Date, Buyer will have the option to do any of the following by notice provided to Seller: (i) Terminate. Terminate this Agreement pursuant to Section 4 herein, on or before the Closing Date. Upon receipt of such notice from Buyer, Seller shall promptly return the Earnest Money to Buyer. Upon such return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for the Surviving Covenants; or (ii) Waive. Waive the Objections and close the transaction contemplated by this Agreement as if such Objections had not been made. (c) Title Policv. If the Closing occurs, Title Company shall issue an owner's title insurance policy ( "Title Policy ") pursuant to the Title Commitment, or a suitable markup of the Title Commitment initiated by the Title Company undertaking to issue such a Title Policy within a reasonable time in the form required by the Title Commitment as approved by Buyer. T) CLOSING PROCEDURES. (a) Closing Date. The closing of the purchase and sale contemplated by this Agreement (the "Closing ") shall occur within no fewer than fifteen (15) days after the Inspection Deadline (the "Closing Date "). The Closing shall take place at 10:00 a.m. local time at the office of Title Company, or such other location as determined by the Seller. (b) Seller's Closing Documents. On the Closing Date, Seller shall execute and /or deliver to Buyer the following (collectively, the "Seller's Closing Documents "): 0) Deed. A Limited Warranty Deed (the "Deed "), in recordable form, conveying marketable title to the Real Property to Buyer, free and clear of all encumbrances, other than those encumbrances not objected to or waived pursuant to Section 6. The deed must incorporate a covenant running with the land as required by MILAN. STAT. § 469.105; (ii) Title Policv, The Title Policy, or a suitably marked -up Title Commitment, as provided for in Section 6, herein; Dv3 (iii) Seller's Affidavit. An Affidavit by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor, or material furnished to the Real Property for which payment has not been made or for which mechanics' liens could be filed; and there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit as may be required by the Title Company to issue the Title Policy; (iv) FI RPTA Affidavit. A nonforeign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2) and its regulations; (v) Original Documents. Seller shall deliver to Buyer all original Documents (or suitable copies thereof) that may be necessary for Buyer to develop and operate the Real Property. Where necessary to comply with statutory record retention requirements, Seller may retain originals of records and provide copies to Buyer; and (vi) Reciprocal Easement Agreement. A reciprocal easement agreement substantially in the form as set forth on Exhibit B; and (vii) Other Documents. All other documents reasonably determined by Buyer or the Title Company to be necessary to transfer the Real Property to Buyer. (c) Buyer's Closing Documents. On the Closing Date, Buyer will execute and /or deliver to Seller the following (collectively, "Buyer's Closing Documents "): (i) Purchase Price. The balance of the Purchase Price to be paid as required by Section 2; (ii) Reciprocal Easement Agreement. A reciprocal easement agreement substantially in the form as set forth on Exhibit B; and (iii) Security for Ramp Payment, Cash, letter of credit, verification from Buyer's lender of the availability of funds, a pledged account or other financial guaranty suitable to the Seller to ensure payment of Buyer's ramp contribution as required under Section 11. (iv) Title Documents. Such affidavits of Buyer or other documents as may be reasonably required by the Title Company in order to record Seller's Closing Documents and issue the Title Policy, 8.) PRORATIONS. Seller and Buyer shall make the following prorations and allocations at the Closing: (a) Title Insurance and Closing Fee. Seller shall pay the cost of the Commitment and the Survey and Buyer shall pay the premium for the Title Policy and any endorsements obtained. Seller and Buyer will each pay one -half of any reasonable and customary closing fee or charge imposed by the Title Company or its designated closing agent. (b) Deed Tax. Seller shall pay all state deed tax due on the Deed to be delivered by Seller under this Agreement. 6 tq \\ (c) Real Estate Taxes and Special Assessments. Seller shall pay or cause to be paid all general real estate taxes payable for the Real Property in the years prior to the year in which the Closing occurs, and any deferred or Green Acres real estate taxes. Seller and Buyer shall prorate the general real estate taxes payable for the Real Property in the year of closing as of the Closing Date based upon the calendar year. Seller shall pay, on or before the Closing Date, all special assessments levied, "pending," deferred or constituting a lien against the Real Property as of the Closing Date, including, without limitation, all installments of special assessments, including interest, payable in the year of Closing. Nothing in this subparagraph shall be deemed a waiver of the City's ability to lawfully impose fixture special assessments on the Real Property as well as any assessments that may be agreed to by Buyer as part of the development of the Real Property. Buyer shall be responsible for any Metropolitan or City sewer and water charges associated specifically with the development of the Real Property, but Buyer shall not be responsible for any sanitary area charges, water area charges or storm sewer area charges. (d) Recording_ Costs. Seller will pay the cost of recording all documents necessary to place record title in Seller in the condition warranted by Seller in this Agreement. Buyer will pay the cost of recording all other documents. (e) Attorneys' Fees. Seller and Buyer shall each pay its own attorneys' fees in connection with the preparation and negotiation of this Agreement and the Closing, except that a party defaulting udder this Agreement or any of its respective Closing Documents shall pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. 9.) OPERATION PRIOR TO CLOSING. During the period from the Effective Date through the Closing Date (the "Executory Period "), Seller shall not execute any contracts, easements, leases, or other agreements or allow any new encumbrances to exist regarding the Real Property, not, perform any act that would impair or encumber the title to the Real Property or affect the condition of the Real Property_ 10.) REPRESENTATIONS AND WARRANTIES BY SELLER. Seller represents and warrants to Buyer as follows, which representations and warranties shall be true and correct as of the Closing: (a) Organization: Authority. Seller has the requisite power and authority to execute and perform this Agreement and any Seller's Closing Documents to be signed by it; such documents have been (or will be prior to Closing) duly authorized by all necessary action on the pant of Seller and at the Closing shall have been duly executed and delivered; such execution, delivery, and performance by Seller of such documents does not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party, or any agreement by which Seller is bound; and such documents are and shall be valid and binding obligations of Seller, enforceable in accordance with their terms. (b) Title to Real Property. Seller owns the Real Property and has good marketable title, free and clear of all encumbrances, except those encumbrances listed in the Title Commitment. (c) Mechanic's Liens. All labor and materials which have been provided to the Real Property have been fully paid for or will be frilly paid for, prior to the Closing Date. (d) Utilities. Gas, sanitary, and storm sewer and water lines are available to the Real Property. Seller has received no notice of actual or threatened reduction or curtailment of any utility service now supplied to the Real Property. () k -( (e) Rights of Others to Purchase Real Property. Seller has not entered into any other contracts, agreements or understandings, whether oral or written, for the sale of all or any portion of the Real Property, and there are no existing rights of first refusal or options to purchase all or any portion of the Real Property, or any other rights of others that might prevent the consummation of this Agreement._ (f) Compliance with Laws. The Real Property and the current use thereof fully complies with all existing local, state, and federal regulations concerning the maintenance and operation of the Real Property, including zoning, building, health and safety, fire safety, and environmental codes and laws and such use is a legal conforming use. No notice of violations of the same have been received. To the best of Seller's knowledge, no other permits or licenses are required in order to use the Real Property as intended by Buyer, other than those required by the City acting in its legislative capacity. (g) Litigation and Other Matters. Seller has received no notice, and has no knowledge of any pending or threatened notice, of a violation of any statutes, ordinances, regulations, judicial decrees, or orders, or the pendency or threat of any lawsuits, administrative or arbitration hearings, governmental investigations, proceedings, applications, petitioners, or other matters affecting the Real Property or the use thereof. (h) Private Restrictions. There are no contracts, leases, private restrictions, or agreements with any public authority that will not appear in the Title Commitment and that will affect the present or future uses that may be made of the Real Property, including but not limited to size or cost of buildings or structures; limitation on use or restrictions in regard to fences, roofs, garages, and heights of buildings or structures, except for building and zoning codes; agreements to subject architectural plans to an association or other group; provisions requiring improvements; provisions requiring the joining of others in group actions; or restrictions imposed on the Real Property due to its historical significance._ (i) Condemnation. Seller has not received any notice of any pending condemnation, eminent domain or other similar action, suit or proceeding that would affect the Real Property. To the best of Seller's knowledge, after due inquiry, there are no such proceedings pending or threatened against the Real Property and there are no applications, ordinances, petitions, resolutions, or other matters pending before any governmental agency in regard to access routes, curb cuts, median strips, or other contemplated actions of public agencies that might tend to diminish or curtail the full flow of traffic proximate to the Real Property and access thereto. Seller has not received a notice of any pending or threatened condemnation, eminent domain or other similar action, suit or proceeding that would affect the Real Property. 0) Storage Tanks. There are no above - ground or underground tanks that are located in or about the Real Property. All tanks that have been removed have been removed and closed in compliance with all federal, state and local laws. (k) Wells and Septic. Seller knows of no wells on the Real Property. At the time of Closing, Seller will deliver any required well certificate pursuant to applicable laws. There is no "individual sewage treatment system" within the meaning of Minn. Stat. Section 115.55 on or serving the Real Property. Sewage generated at the Real Property goes to a facility permitted by the Minnesota Pollution Control Agency. (1) Assessments. Seller has not received any notice of any actual or proposed special assessments or reassessments of the Real Property, (3 ` (m) Compaction of Real Property. Prior to the Closing, Seller shall cause the Real Property to be filled with good, clean fill material so as to bring the surface of the Real Property to the same grade elevation as Cedar Grove Parkway and to ensure that the compaction of the soil will follow customary acceptable engineering practices. In addition so as to make the site pad -ready for Buyer, Seller will ensure the following: 1) The site will be full and compacted with well - draining soil to an elevation that allows for nature sheet drainage of the site to the adjacent street 2) Site fill shall be compacted to allow for the construction of a 4 -5 story hotel with standard spread footings 3) The site shall have 6" of clean, black topsoil over 50 % of the site area suitable for plant growth and turf establishment. Topsoil can be stock piled on a portion of the site that does not conflict with the phase one construction 4) Storm sewer connection shall be provided to the site for direct connection from the onsite piping in a location acceptable to the Buyer. Storm water management /treatment /storage shall be completed off site by the city. 5) City Water service shall be provided to the site in a location acceptable to the Buyer, Water pressure shall be adequate to accommodate a fire protection system without the need of a fire pump to increase pressure in the building. 6) Electrical /natural gas /cable Minternet service shall all be available to the site at no additional cost to the Buyer. (n) Hazardous Substances. Except as set forth in the Phase I Survey dated October 17, 2005, prepared by Braun Intertec, Phase I Survey updated September 2012 by Braun Intertee and Phase 1I Survey dated April 2006 prepared by Braun Intertec, there are no Hazardous Substances stored, deposited or located within the property or under the surface of the property. For purposes of this warranty and representation, the term "Hazardous Substances" means asbestos and asbestos - containing materials, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products, or other dangerous, toxic, or hazardous pollutant, contaminant, chemical, material or substance defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Environmental Laws. For purposes of this Agreement, the term "Environmental Laws" shall mean the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( "CERCLA "), 42 U.S.C. §§ 9601 -9657, as amended, and any other federal, state and local laws, rules and regulations dealing with IIazardous Substances, the environment or public health. (o) FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate," as those terms are defined in Section 1445 of the Internal Revenue Code. (p) Airport Zoning Ordinance. For the purposes of satisfying any applicable requirements of Minn. Stat. § 360.065, a copy of any airport zoning regulations affecting the Real Property can be reviewed or obtained at the Office of the Dakota County Recorder. Except for the warranties, covenants and representations explicitly set forth in this Agreement, Seller and Buyer agree that Buyer will accept possession of the Real Property in its AS -IS condition, WITH ALL FAULTS, and the sale of the Real Property to Buyer shall be without any other representation, covenant or warranty of any kind, express or implied, and Buyer, for Buyer, Buyer's agents, attorneys, representatives, heirs and assigns does hereby disclaim and renounce any other representation or warranty. 01L� Seller will indemnify Buyer and its successors and assigns against, and will hold Buyer and its successors and assigns harmless from, any expenses or damages, including reasonable attorneys' fees that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing, for two (2) years after the Closing Date. Notwithstanding anything to the contrary contained in the foregoing, Buyer's recovery shall be limited to the amount of available insurance proceeds and nothing herein shall be deemed a waiver of Seller's statutory tort limits under Minn. Stat. Chapter 466. 11.) PARKING RAMP /RECIPROCAL EASEMENT CONTRIBUTION. No later than 30 days prior to the opening of the planned hotel on the Real Property, Buyer shall provide a cash payment of Four Hundred Eighty -nine Thousand Two Hundred Ninety -seven and No /100 Dollars ($489,297.00) as and for its contribution for a non - exclusive easement to use 129 stalls in the adjacent two -level parking garage. The agreements in this Section l l shall survive the Closing. 12.) EXCLUSIVITY. Seller agrees that no other hotel product of any kind, other than one that may be developed by Buyer, shall be allowed to be constructed on Outlots A and B, Paragon Addition, the Parkway Triangle or on the westerly .9 acres of Lot 2, Block 1, Cedar Grove Parkway Second Addition, which properties are depicted in blue on Exhibit A attached hereto (hereinafter the "Restricted Properties ") for a period of three years following the date the Buyer obtains a certificate of occupancy for the hotel to be constructed on the Real Property. The agreements in this Section 12 will survive the Closing. Seller agrees that any notices by potential developers of any of the Restricted Properties given to Buyer as the owner of the Real Property and because the Real Property is within three hundred fifty (350) feet of the Restricted Properties will be given in accordance with the notice section of this Agreement. 13.) RIGHT OF FIRST REFUSAL. During the three year period described in Section 12 above, Buyer shall have the right of first refusal to purchase any of the Restricted Properties for the purpose of developing a second hotel on the Restricted Properties. This exclusivity shall survive the Closing. In the event Seller obtains an offer to purchase any of the Restricted Properties to develop a hotel which the staff at the City of Eagan will recommend that the Seller accept (the "Offer "), Seller shall provide Buyer with written notice and a copy of such offer. Buyer shall have thirty (30) days to determine whether it will match the business terms of the Offer and give Seller notice thereof. If Buyer so chooses, Buyer and Seller shall enter into a purchase agreement similar to this Agreement including provisions for a one hundred fifty (150) day Inspection Period, a title review process but with the price and other business terms of the Offer. If Buyer declines to match the Offer, Seller may proceed with the sale to the thirty party, provided that if no such sale occurs within one hundred eighty (180) days thereafter, this right of first refusal will again be applicable to the property subject to the Offer. In addition, the right of first refusal shall remain in effect for the balance of the Restricted Properties not subject to the Offer. 14.) REPRESENTATIONS, WARRANTIES AND INDEMNITY BY BUYER. Buyer represents and warrants to Seller that Buyer has the power and authority to execute this Agreement and any Buyer's Closing Documents signed by it; that all such documents have been authorized by all necessary action on the part of Buyer and at the Closing shall. have been duly executed and delivered; that the execution, delivery, and performance by Buyer of such documents does not conflict with or violate any judgment, order or decree of any court or arbiter or any agreement by which Buyer is bound; and that all such documents are valid and binding obligations of Buyer and are enforceable in accordance with their terms. Buyer will indemnify Seller and its successors and assigns against, and will hold Seller and its successors and assigns harmless from, any expenses or damages, including reasonable attorneys' fees that Seller 10 )�,J incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing, for two (2) years after the Closing Date, 15.) CONDEMNATION. If, prior to the Closing Date, any governmental entity commences any eminent domain proceedings ( "Proceedings ") against all or any part of the Real Property, Seller shall give notice to Buyer of such fact, and, at Buyer's option (to be exercised by notice to Seller within thirty (30) days after Seller's notice), this Agreement shall terminate, in which event Title Company shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for the Surviving Covenant. If Buyer does not give such notice, then there shall be no reduction in the Purchase Price, provided, however, that Seller shall assign to Buyer at the Closing Date all of Seller's right, title, and interest in and to any award made or to be made in the Proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the Proceedings without Buyer's prior written consent. 16.) ASSIGNMENT. Buyer reserves the right, at Buyer's sole discretion, to assign all or part of its interest in and to this Agreement to an affiliate of Buyer. Notwithstanding the foregoing, neither Seller nor Buyer may assign its rights under this Agreement for any other purpose, without the prior written consent of the other party. 17.) SURVIVAL. All of the covenants, representations and warranties made in this Agreement which either by their terms expressly survive Closing, or are contained in any schedule, exhibit, certificate, or document delivered at Closing, will survive and be enforceable after the Closing. 18.) NOTICES. Any notice required or permitted to be given under any provision of this Agreement shall be in writing and shall be deemed to have been given in accordance with this Agreement, if it is mailed, by United States certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 with a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147`x' Street Suite 600 Apple Valley, Minnesota 55124 Attn: Robert B. Bauer If to Buyer: MHC Cedar Grove L.L.C. Attn: William Morrissey, President 345 St, Peter Street, Saute 2000 St. Paul, MN 55201 -1221 with a copy to: Fredrickson & Byron P.A. 200 South 6"' Street Minneapolis, MN 55402 Attn: Maly S. Ramon Notice shall be effective, and the time for response to any notice by the other party shall commence to run, one (1) business day after any such mailing or deposit. Either Seller or Buyer may change its address for the service of notice by giving notice of such change to the other party, in any manner above 11 MI specified, ten (10) days prior to the effective date of such change. Notwithstanding the foregoing, any party may give any other party written notice hereunder by any means other than by United States registered or certified mail or overnight courier, which is reasonably calculated to reach the other party, including but not limited to hand delivery, email transmission or facsimile transmission, provided that any such notice shall be deemed to have been given and shall be effective only when actually received by the addressee, proof of which shall be furnished by the party sending such notice 19.) CAPTIONS, EXHIBITS. The section and paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. All schedules, exhibits, addenda or attachments referred to herein are hereby incorporated in and constitute a part of this Agreement. 20.) ENTIRE AGREEMENT; MODIFICATION. This written Agreement constitutes the complete agreement between Seller and Buyer and supersedes any prior oral or written agreements between them regarding the Real Property. There are no oral agreements that change this Agreement, and no amendment of any of its terms will be effective unless in writing and executed by both Seller and Buyer. 21.) BINDING EFFECT. This Agreement binds and benefits Seller and Buyer and their respective successors and assigns. 22.) CONTROLLING LAW. This Agreement has been made under, and will be interpreted and controlled by, the laws of the State of Minnesota. 23.) WAIVER. No waiver of the provisions of this Agreement shall be effective unless in writing, executed by the party to be charged with such waiver. No waiver shall be deemed a continuing waiver or waiver in respect of any subsequent breach or default, either of similar or different nature, unless expressly stated in writing. 24.) COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. 25.) FACSIMILE SIGNATURES. This Agreement may be executed with signatures transmitted by facsimile or email and shall constitute a binding agreement with such signatures. Nonetheless, any party providing facsimile or emailed signatures shall provide the other party with the original signatures within five (5) business days after providing the facsimile signature page(s). 26.) SEVERABILITY. If any provision of this Agreement is invalid or unenforceable, such provision shall be deemed to be modified to be within the limits of enforceability or validity, if feasible; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. 27.) LIMITATION OF LIABILITY. Upon Closing, Buyer shall neither assume nor undertake to pay, satisfy or discharge any liabilities, obligations or commitments of any Seller other than those specifically agreed to between the parties and set forth in this Agreement. 28.) REMEDIES. Time is of the essence of this Agreement. If Seller fails to perform any of its obligations under this Agreement, Buyer may (i) terminate this Agreement and obtain a full refund of all the Deposits; and /or (ii) seek and recover from Seller specific performance of this Agreement. If any actions is brought to specifically enforce this Agreement, Seller shall waive the defense that there is an adequate rernedy at law. 12 If Buyer defaults in performance of its obligations under this Agreement, Seller shall have the right to terminate this Agreement in the manner provided by Minn. Stat. Sec. 559.21 and to obtain the Earnest Money (to the extent paid by Buyer) as liquidated damages. Such termination of this Agreement and receipt of the Deposits will be the only remedies available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. 29.) REAL ESTATE BROKERS. Seller represents to Buyer that it has entered into a Preliminary Development Agreement with Pratt Development, Inc. ( "Seller's Broker ") in connection with the transactions contemplated by this Agreement. Buyer represents to Seller that it has not engaged a broker in connection with the transactions contemplated by this Agreement. All broker's fees, finder's fees, commissions or other similar fees to be paid to Seller's broker, Buyer's broker and /or any employees or agents thereof in connection with the transactions contemplated by this Agreement shall be paid by Seller at Closing from Seller's proceeds therefrom. The provisions of this Section 29 shall survive the Closing. Seller and Buyer have executed this Agreement as of the date set forth above. BUYER: MHC Cedar Grove L.L.C., a Minnesota limited liability company By: ann LqAAA-, Its: SELLER: Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota : am Mike Maguire Its: President David M. Osberg Its: Executive Director 13 a�� The undersigned hereby joins in this Agreement for the sole purpose of guaranteeing the obligations of Buyer to the extent described in the last two (2) sentences of Section 4. Morrissey Hospitality, Inc. By: Its ` 14 EXHIBIT "A" Site Plan Showing Real Property And Property Restricted by Exclusive A -1 1 A SRI iN N �\ mac• t � r / , f�'>i i� F i1� :F� aqe Ml �a 4`R+� �1 R -9Ut tk � TJ � wax t` NsRidge3 ''� a i i 4ark an i � �' f a 'I 'VII y 44�� 1reCUi, I �a if .,, ��'-�„ c 4 .,`.,�: 45349796 2.docx EXHIBIT "B" Parking Ramp Easement and Operating Agreement C -1 &3 RBB 1 -21 -14 EXHIBIT "B" PARKING RAMP EASEMENT AND OPERATING AGREEMENT THIS PARKING RAMP EASEMENT AND OPERATING AGREEMENT (the "Agreement "), is made this day of , 2014 to be effective as of , 2014 by the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the "EDA ") and MHC Cedar Grove L.L.C., a Minnesota limited liability company, and its assigns (the "Developer "). Recitals WHEREAS, EDA is completing the construction of the Ramp (as hereinafter defined) and is the owner of the Ramp Parcel (hereinafter defined); WHEREAS, of even date herewith Developer has acquired from EDA the Hotel Parcel (hereinafter defined); WHEREAS, Developer has agreed to make a financial contribution to EDA for the construction on the Ramp Parcel (hereinafter defined) of a two (2) level parking ramp (together with all on and off -site pedestrian and vehicular entry and access ways thereto, the "Ramp ") containing at least 1,400 stalls, and EDA has agreed to construct the Ramp; WHEREAS, Developer has obtained all City of Eagan, Minnesota (the "City ") approvals for development on the Hotel Parcel of a 123 room limited service hotel (the "Hotel Development "); WHEREAS, (i) the "Hotel Parcel" means that certain real property located in Dakota County, Minnesota which is legally described on Exhibit A attached hereto and incorporated herein; (ii) the "Ramp Parcel" means that certain real property located in Dakota County, Minnesota which is legally described on Exhibit B attached hereto and incorporated herein; and (iii) "Developer" means Developer as identified above and any subsequent owner of fee simple title to the Hotel Parcel. WHEREAS, EDA desires to establish and impose on the Ramp Parcel, for the use and benefit of Developer and the Hotel Parcel, the hereinafter specified easements, covenants, and agreements; and WHEREAS, the establishment and imposition on the Ramp Parcel of such easements, covenants and agreements was a material inducement and consideration for Developer's acquisition of the Hotel Parcel from EDA and is a material inducement and consideration for Developer's development of the Hotel Development on the Hotel Parcel; WHEREAS, EDA entered into a Parking Ramp Easement and Operating Agreement dated April 2, 2013 (the "Paragon Agreement ") with Paragon Outlets Eagan, LLC ( "Paragon" pursuant to which Paragon has a non - exclusive easement for 1,114 parking stalls (the "Paragon Stalls ") to the benefit of the parcel on which Paragon is constructing and will operate a Shopping Center ( "Shopping Center "). NOW THEREFORE, EDA hereby declares that this Agreement and the easements, covenants and agreements set forth herein shall constitute covenants running with the Ramp Parcel for the benefit of and appurtenant to the Hotel Parcel, and that the Ramp Parcel is held and shall be held, owned, used, occupied, leased, mortgaged, improved and conveyed subject to this Agreement and the easements, covenants, and conditions set forth herein. All of the easements, covenants and agreements shall run with the Ramp Parcel and shall be binding upon all persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and assigns and shall inure to the benefit of all persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and assigns. ARTICLE 1 EASEMENTS 1.1 Parking Easement. EDA hereby grants and conveys to Developer, for the benefit of and appurtenant to the Hotel Parcel, a nonexclusive, permanent and perpetual easement upon and across no fewer than 129 parking stalls (the "Developer Funded Parking Stalls ") within reasonable proximity to the Hotel Development, within the Ramp for the purpose of vehicular parking by Developer and the occupants, employees, contractors, customers, visitors and invitees of the Hotel Development (the "Parking Easement "). EDA agrees that except as provided in this Agreement with respect to temporary closures, in no event shall there ever be fewer than 1,400 parking stalls in the Ramp. 1.2 Access Easement. EDA hereby grants and conveys to Developer, for the benefit of and appurtenant to the Hotel Parcel, a nonexclusive, permanent easement for vehicular and pedestrian ingress and egress over, upon and across the entry ways, drive aisles, walkways, stairwells and vertical and other pedestrian transportation devices and ways within or serving the Ramp (the "Access Easement"; the Access Easement and the Parking Easement are collectively referred to herein as the "Easements "). 1.3 Impairment Prohibited. EDA shall not install or permit to remain any structure, obstruction, fence, planting or other material that may damage or interfere with the intended purposes of the Easements, except for temporary obstructions required for the safe performance of repairs and maintenance of the Ramp. 1.4 Payment Prohibited. In no event shall EDA require payment or assess any type of charge or fee for parking in the Ramp, provided that EDA may require financial contribution toward the construction and /or maintenance of the Ramp from developers or owners of other of the parcels designated as Outlot A, Outlot B, the Parking Triangle or Future Development on Exhibit C attached hereto (the "EDA Parcels "). 2 N ARTICLE 2 PARKING RAMP OPERATION, USE AND MAINTENANCE 2.1 Ramp Operation. FDA shall manage the operation of the Ramp in first -class manner and at least to the standard of management of other parking ramps serving first class regional retail shopping centers in the Minneapolis /St. Paul market. EDA's management services shall include, but not be limited to, (i) providing utilities, employing, supervising and overseeing personnel for, or contracting for the operation, maintenance and repair of the Ramp, (ii) providing or obtaining security, janitorial and other services for the Ramp, (iii) obtaining equipment, material and supplies for the Ramp, and (iv) ensuring clear and efficient traffic and access to, from and within the Ramp. EDA shall keep the Ramp open for parking and access purposes seven (7) days per week twenty -four (24) hours per day (and shall remain open at all times to the extent required to provide for pedestrian access to vehicles and pedestrian and vehicular egress from the Ramp), except for such temporary closures as are permitted under any other provision of this Agreement. The Ramp shall be operated and maintained in a manner that will provide pedestrian access from the Hotel Parcel (the "Hotel ") through both levels of the Ramp and ultimately to the Shopping Center. (covered in Article 3) The parties will agree on a reasonable system for identifying vehicles parked by hotel guests, staff and other hotel related parties. 2.2 Repairs and Maintenance. As part of its management of the Ramp, EDA shall, at its sole cost and expense but subject to reimbursement by Developer to the extent provided for in Section 2.5, maintain and repair the Ramp to keep it at least in a first class and safe condition and compliant with all laws, ordinances, statutes, codes rules and regulations ( "Laws "). In furtherance and not in limitation of the foregoing, EDA shall: (a) keep the Ramp clean, sightly and free from litter, glass, refuse, filth, excessive dust, debris and graffiti and maintain the Ramp in accordance with the minimum maintenance standards attached hereto as Exhibit D; (b) inspect, clean, repair and maintain all lighting fixtures and relamp and reballast the same as needed to maintain illumination of the Ramp and surrounding areas to at least the standards of first -class municipal parking garages and the vehicle and pedestrian safety of the Hotel Development's occupants, employees, contractors, customers, visitors and invitees; (c) inspect, test, clean, repair and maintain all mechanical, electrical and life safety equipment and systems, including without limitation elevators and other pedestrian transportation equipment and sprinkler, smoke and fire control systems; (d) promptly remove ice and snow from the Ramp and salt and sand the Ramp as needed to keep the Ramp reasonably free from ice and snow and to enable use of the Ramp at all times required hereunder; (e) replace expansion joint system elements as needed; (f) perform general structural maintenance as needed; (g) repaint and /or recoat all painted and coated surfaces with materials of quality at least as high as those utilized in the initial construction of the Rarnp; (h) clean, repaint, repair and replace all directional and other signage within or about the Ramp or located elsewhere on the EDA Property providing direction to the Ramp; (i) remove and repair any damaged building materials, including spalling and cracked concrete and corroding metal; and 0) provide operational security cameras that record activity in the Ramp (logistics of camera recordings could change) and provide security patrols at reasonable intervals. 2.3 Temporary Closure. If any portion of the Ramp requires closure to accommodate repair or maintenance, such closure shall be of minimal duration and extent and shall be scheduled so as to cause the least practicable disruption to the operation of the Ramp and the Easements. Not in any instance, except in the case of an emergency, shall a temporary closure occur which would not allow Hotel Development's occupants, employees, contractors, customers, visitors and invitees access to the Hotel Development. During periods of high seasonal retail traffic, such as back -to- school and Thanksgiving/Black Friday and Christmas holidays, as identified by Developer, EDA shall use good faith efforts to schedule any such closures for times the Hotel Development is not open for business. Except in the case of emergency involving risk of personal injury or death or damage to property, EDA shall provide at least five (5) business days' notice of such closure to Developer, and shall to the extent practicable incorporate into the closure schedule or work scope such reasonable mitigation measures as may be recommended by Developer. In the case of an emergency closure, EDA shall provide notice thereof to Developer as soon as reasonably practicable. If any such closure would have the effect of reducing the number of Developer Funded Parking Stalls from that required under Section 1.1 hereof, EDA shall provide temporary parking, at EDA's sole cost, in substitution thereof, reasonably proximate to the Hotel Development. 2.4 Alterations. Except as provided in Article 3 hereof with respect to an Expansion, EDA shall not alter the design or appearance of the Ramp by utilization of finishes or materials of manifestly lower quality than those utilized in the initial construction or in such manner as would impair efficient traffic flow therein or close, remove or take out of service any of the entrances to or exits from the Ramp. 2.5 Cost Reimbursement. Beginning when the Hotel Development opens for business to the general public (the "Opening Date ") Developer shall pay to EDA, Developer's Share (hereinafter defined) of Approved Operating Costs (hereinafter defined) pursuant to the following provisions: (a) Promptly following the end of each calendar year but not later than March 30 of each year, FDA shall submit to Developer a statement of Developer's Share of Approved Operating Costs (hereinafter defined). Within thirty (30) days following EDA's submission of the statement to Developer, Developer shall pay Developer's Share of Approved Operating Costs (hereinafter defined) to EDA. In the event of a partial calendar year after the Opening Date, Developer's obligations shall be prorated based on the ratio of the total number of days after the Opening Date in such calendar year to thirty hundred sixty -five (365). (b) "Developer's Share" means a fraction, the numerator of which is the number of Developer Funded Parking Stalls and denominator of which is the total number of parking stalls within the Rainp. "Operating Costs" means the reasonable out of pocket costs, including reasonable City staff time at standard rates if City employees provide the services, incurred by EDA in connection with the management, operation, maintenance and repair of the Ramp (and including the reasonable cost of insurance premiums for insurance maintained by EDA solely on the Ramp), calculated in accordance with generally accepted accounting principles. Any management fee included in Operating Costs will not exceed commercially reasonable market rate fees. In no event shall Operating Costs include costs (i) resulting from defects in the design or construction of the Ramp or the Expansion, (ii) covered by or required to be covered by insurance hereunder, (iii) resulting from the negligence or willful misconduct of EDA or the City, its employees or contractors, or (iv) that would be treated as capital expenditures under generally accepted accounting principles. "Approved Operating Costs" means (i) those Operating Costs contained in a budget for each calendar year prepared by EDA and submitted to Developer not later than sixty days prior to the end of the prior calendar year that are approved by Developer in writing, which approval shall not be unreasonably withheld or delayed, and (ii) the Major Repair Reserve. "Major Repair Reserve" means a reserve for major repairs to the Ramp, including structural repairs, necessary to prolong the useful life of the Ramp, such Major Repair Reserve to be funded in annual installments by Developer not later than on each anniversary of the date the Ramp is fully opened to the public commencing with the first such anniversary in the amounts shown on Exhibit E attached hereto and made a part hereof. In the event of a partial year between the Opening Date and the anniversary of the date the Ramp opened, Developer's obligations for contributions to the Major Repair Reserve shall be prorated based on the ratio of the number of days from the Opening Date to such anniversary date to three hundred sixty (365). Notwithstanding that Exhibit E shows payments only through year 50, Developer's obligation commences in the first year anniversary after the hotel is opened, as aforesaid, and will continue, escalating at an inflation factor of 2.1 percent per annum, in perpetuity so long as this Agreement is in force and effect. The parties shall, promptly following the opening of the Ramp to the public, execute and record among the Land Records of Dakota County, Minnesota, a declaration of the date that the Ramp frilly opened to the public, which shall be binding with respect to the date installment payments of the Major Repair Reserve are due and payable. (c) Developer or its firm of independent certified accountants shall have the right from time to time but not more frequently than annually to audit the books and records of the EDA relating to the operation and management of the Ramp. If any such audit establishes that EDA has misstated Developer's Share of Operating Costs for any calendar year, a reconciling payment shall promptly be made by EDA to Developer or by Developer to EDA, as applicable. The cost of any such audit shall be borne by Developer unless the audit establishes an overstatement of Developer's Share of Operating Costs by more than five (5) percent, in which event EDA shall reimburse Developer the reasonable cost of the audit, which reimbursement shall not constitute an Operating Cost. (d) If in any calendar year EDA incurs an Operating Cost that is not an Approved Operating Cost or exceeds the applicable Approved Operating Cost, and the parties dispute whether Developer should properly bear any portion of such Operating Cost notwithstanding that it is not an Approved Operating Cost or exceeds an Approved Operating Cost, Developer shall pay Developer's Share of the Approved Operating Cost pursuant to the provisions hereof and any undisputed portion of an Operating Cost that is not an Approved Operating Cost, and the parties shall submit any disputed Operating Cost to the dispute resolution procedure pursuant to Article 7. 2.6 EDA Lien for Non - Payment. If Developer shall default in the full, faithful and punctual performance of its obligation to pay Developer's Share of Operating Costs or any installment of the Major Repair Reserve in accordance with and subject to the provisions of Section 2.5 hereof, and such default continues for thirty (30) days after notice from EDA thereof, EDA, in addition to all other remedies it may have at law or in equity, shall have the right and benefit of a lien attached to the Hotel Parcel to take effect upon recordation of a proper claim of lien among the land records of Dakota County, Minnesota. 2.7 Parking Ramp Usage. EDA agrees and covenants that the parking structure shall remain open and useable by Developer twenty -four (24) hours each day, and continuously for three hundred sixty -five (365) days each year; EDA further agrees and covenants that said parking structure shall be fully useable for a period of not less than fifty (50) years from the date the Hotel opens for business to the public. Developer acknowledges that Paragon has a non - exclusive easement to use 1,114 parking stalls within the ramp that is contemplated to contain 1,530 stalls. If it is discovered that the occupants and invitees of the Shopping Center consistently and routinely utilize parking stalls within the ramp in excess of their allotted stalls to the detriment of the Hotel, Developer and EDA shall meet and confer and propose reasonable mitigation measures, including dispute resolution procedure pursuant to Article 7, which may include (i) construction of a temporary parking lot located on the parcel to the west of the Hotel Parcel containing approximately .9 acres; such "temporary parking lot" shall be constructed in a manner determined by the EDA at the sole expense of the EDA and will be paved, striped, maintained and lighted in a manner similar to the Ramp; or (ii) working with the Shopping Center to cause its occupants and invitees to utilize a greater number of onsite parking stalls at the outlet mall. Without limiting in any manner Developer's rights with respect to the Parking Easement, if to the material detriment of other dedicated users of parking stalls within the Ramp, the occupants and invitees of the Hotel Development consistently and routinely utilize parking stalls within the Ramp in excess of the Developer Funded Parking Stalls, Developer shall meet and confer with EDA and propose reasonable mitigation measures, including the dispute resolution procedure pursuant to Article 7. 2.8 Dedication of Stalls Prohibited. EDA shall not grant rights to other persons or entities the exclusive use of dedicated parking stalls within the Ramp or otherwise that would exclude Developer and the occupants and invitees of the Hotel Parcel from the use of any M parking stalls within the Ramp. Developer should not be permitted to designate any exclusive parking stalls. ARTICLE 3 EXPANSION OF THE RAMP 3.1 Approval of Plans. Any and all construction of the Ramp in connection with an Expansion (hereinafter defined), and any other improvements or modifications to all or any part of the Ramp, shall be made in accordance with plans and specifications and a schedule approved by EDA and Developer in writing, which approval shall not be unreasonably wid- flield. Developer's approval of the plans and specifications for the Expansion shall be deemed to have been granted if the design of the Expansion utilizes the same or substantially similar materials and finishes as those utilized in the initial construction of the Ramp, will not impede efficient traffic flow within the Ramp or close, remove or take out of service any of the entrances to or exits from the Ramp. The Developer shall have fifteen (15) business days after receipt of the completed plans and specifications and schedule to make any comments to the EDA. If no comments are received, Developer shall be deemed to have waived any objections to the design and construction schedule for the expansion of the Ramp. If any objections are received, the EDA shall attempt to incorporate any comments made by the Developer to the plans and specifications and the schedule. Notwithstanding the foregoing, if the EDA determines, in the EDA's reasonable discretion, that the contract for the expansion of the rainp must be awarded to avoid delay, then the EDA may, in its sole discretion, award the contract and the Parties shall participate in the dispute resolution procedure provided in Article 7. 3.2 Storage and Sta igin . No portion of the Ramp may be used for storage or staging of equipment or materials except for reasonable quantities of equipment used for the maintenance of the Ramp, including snow removal. 3.3 Interference, Construction Practices. All construction of the Expansion shall be performed in accordance with best safety practices and conducted in such a manner as to minimize interference with the operation of the Ramp. EDA shall cause its contractor to physically separate the work site from the Ramp by temporary fencing or temporary construction walls with secured access, limited to construction personnel and other authorized persons, and that adequate provision for dust and debris mitigation shall be put into place to ensure that all portions of the Ramp outside of the work site are kept clean and free of excessive dust and debris. If any portion of the Ramp requires closure to accommodate such construction, such closure shall be of minimal duration and phased so as to cause the least practicable disruption to the operation of the Ramp. If any such closure would have the effect of reducing the number of Developer Funded Parking Stalls from that required under Section 1.1 hereof, EDA shall provide temporary parking in substitution thereof, reasonably proximate to the Hotel Development. ARTICLE 4 INSURANCE 4.1 Insurance Required During Construction. EDA shall procure and maintain, at all times during the process of any construction or improvement of the Ramp or the Expansion until 7 a completion of construction and opening of the Ramp or Expansion for parking and access purposes, insurance against loss or damage to the Ramp under a policy or policies covering such risks as are ordinarily insured against for similar structures, including: (a) Builder's risk insurance, written on the `Builder's Risk - Completed Value Basis" with loss proceeds paid to the EDA in an amount equal to 100 percent of the insurable value of the Ramp during the process of construction exclusive of footings, foundations, and underground items; (b) Commercial general liability insurance with limits against bodily injury and property damage of not less than $500,000 per person for bodily injury and property damage and $1,500,000 for bodily injury and property damage for each occurrence and including premises - operations and products - completed operations coverage and contractual liability; and (c) Workers' compensation insurance, with statutory coverage. EDA shall cause its contractors constructing or improving the Ramp or the Expansion to maintain insurance including coverages and limits of at least the greater of (i) the foregoing minimums, or (ii) industry standards. 4.2 Insurance Required After Construction. Upon completion of construction of the Ramp for parking and access purposes, EDA shall insure the Ramp in the manner and in the amounts usual and customary for facilities of the same general nature, including: (a) Insurance against loss or damage under a policy or policies providing so called all risk insurance covering such risks as are ordinarily insured against by similar businesses on a 100% replacement cost basis, but in no event less than an amount equal to the insurable value of the Ramp; and (b) Commercial general liability insurance with limits against bodily injury and property damage of not less than $500,000 per person for bodily injury and property damage and $1,500,000 for bodily injury and property damage for each occurrence and including premises- operations and products - completed operations coverage and contractual liability. 4.3 General Requirements. EDA shall provide Developer with certificates of insurance evidencing the foregoing insurance. All policies required to be maintained by EDA shall be primary and non - contributory with any similar policies maintained by Developer. All policies except Workers Compensation shall name Developer as additional insured thereunder as applicable, and contain deductibles not in excess of industry standards. EDA shall cause the insurance to be required to be maintained pursuant to Sections 4.1 and 4.2 to be increased upon any increase to the statutory tort limits applicable to EDA by the amount of the increase. Such increased limits may be provided by an Umbrella or Excess Liability policy so long as such policy follows the form of the underlying General Liability policy. The certificates of insurance shall provide that Developer must be given (30) thirty days advance written notice of the modification, amendment or cancellation of the insurance. All such insurance shall be in form and amount satisfactory to any mortgagee of the Hotel Development. oe;�o 4.4 Bonds. EDA shall cause the general contractor performing the initial construction of the Ramp and any expansion and other alteration of the Ramp to obtain for the benefit of EDA payment and performance bonds covering the entire work from sureties meeting the credit and licensing standards generally required by municipalities in the Minneapolis /St. Paul region for work of similar scope and magnitude. 4.5 Restoration Following; Casualty. EDA shall as promptly as practicable following damage to or destruction of the Ramp by casualty or other cause, cause such damage or destruction to be repaired or restored to a like -new condition substantially the same as originally built in accordance with the standards contained in Article 2 hereof and to the full extent required for Developer and the occupants and invitees of the Hotel Parcel to continue to receive the entire benefit of the Easements. EDA acknowledges the critical function of the Ramp to provide parking for the Hotel Parcel and accordingly agrees to work with Developer in identifying reasonable substitute temporary parking facilities for EDA to procure for Developer if a casualty or other event adversely affects the availability of the Easements to the occupants and invitees of the Hotel Parcel. 4.6 Condemnation. If title to any material portion of the Ramp is taken through power of eminent domain or sold under threat thereof, EDA shall as promptly as practicable following the vesting of such title in the condemner, cause the remaining portion of the Ramp to be repaired or restored in accordance with the standards contained in Article 2 hereof and in such manner as to comprise a functional, unified whole to the full extent required for Developer and the occupants and invitees of the Hotel Parcel to continue to receive the entire benefit of the Easements. 4.7 Indemnification. (a) EDA shall indemnify, defend and hold Developer (which shall be deemed to include, to the full extent applicable, Developer, its partners, members, shareholders, trustees, beneficiaries, officers, employees, agents, consultants, attorneys and representatives) harmless from and against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and reasonable attorneys' fees, that Developer incurs or suffers, that arise out of, result from or relate to the construction, use, maintenance, repair, reconstruction or inspection of the Rarnp and the Expansion except to the extent resulting from the negligence or willful misconduct of Developer. Notwithstanding anything to the contrary contained in the foregoing, Developer's recovery shall be limited to the amount of insurance EDA is required to maintain pursuant to the provisions of this Article 4. (b) Developer shall indemnify, defend and hold EDA (which shall be deemed to include, to the full extent applicable, EDA, its officers, employees, agents, consultants, attorneys and representatives) harmless from and against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and reasonable attorneys' fees, that EDA incurs or suffers, that arise out of, result from or a �v relate to Developer's use of the Easements, but only to the extent resulting from the negligence or willfiil misconduct of Developer. 4.8 Municipal Tort Limits. Nothing contained in this Article 4 shall constitute a waiver by EDA of its statutory tort limits; provided, however, that with respect to claims of third parties, Developer shall be entitled to the full protection of EDA's indemnification provided in Section 4.7(a). ARTICLE 5 ENFORCEMENT OF EASEMENTS, COVENANTS AND AGREEMENTS 5.1 Enforcement. Nothing in the following provisions of this Section 5.1 shall affect the status of the Ramp as a public parking garage open for use by the general public. Each of the easements, covenants and agreements as set forth herein shall be enforceable by Developer. No other person shall have any right to enforce any such easements, covenants and agreements, nor shall any other person, other than Developer and the occupants and invitees of the Hotel Parcel, have any interest in the easements covenants and agreements hereby created and declared. Nothing contained herein shall constitute a dedication of any interest in such easements, covenants and agreements to the public or give any members of the public any rights hereunder. Failure to enforce the easements, covenants and agreements herein contained shall in no way be deemed a waiver of the right to do so thereafter. 5.2 Self Help. Without limiting the provisions of Section 5.1 hereof, if (a) EDA is in default under any of the provisions hereof this Agreement, and such default continues more than ten (10) days after notice from Developer thereof if the case of a default under the other provisions hereof, or (b) notwithstanding the foregoing, if any condition exists on or within the Ramp that constitutes or creates an immediate threat to health, life or safety or damage to or destruction of property. Developer shall have the right, but not the obligation, (and in the case of clause (a), upon notice to EDA) to take such actions as it may deem necessary or desirable to remedy such condition. If Developer elects to remedy any such condition, EDA shall reimburse Developer the cost thereof within ten (10) days after Developer provides a written request therefor, accompanied by supporting invoices. Any reimbursement amount not timely paid shall bear interest until paid at a rate equal to the lesser of (i) twelve percent (12 %) per annum or (ii) the highest amount allowed by law. 5.2 Remedies for Violation. In the event of any violation or attempted or threatened violation of the terms hereof or any interference or attempted or threatened interference with the rights and obligations herein granted, each of the easements, restrictions, and covenants may be enforced by a proceeding at law or in equity or both. If any person entitled to enforce the easements, restrictions and covenants shall elect to enforce the terms hereof by a proceeding in equity, such person may petition for a restraining order or injunction, temporary or permanent, prohibiting such violation or interference and demanding compliance with the provisions, which restraining order and injunction shall be obtainable upon proof of the existence of such violation or attempted or threatened violation or interference. 10 r'y 5.3 Cost of Enforcement. If either party hereto seeks to enforce any of the easements or restrictions and covenants created herein in judicial proceedings, the prevailing party therein shall be reimbursed by the other for all or any part of the costs incurred therein, including but not limited to reasonable attorneys' fees, costs and expenses. ARTICLE 6 MISCELLANEOUS 6.1 Notices. Notices required or permitted to be given under any provision of this Agreement shall be in writing and shall be deemed to have been given in accordance with this Agreement, if it is mailed, by United States Certified Mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to EDA: Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 with a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147th Street Suite 600 Apple Valley, Minnesota 55124 Attn: Robert B. Bauer If to Developer: MHC Cedar Grove L.L.C. Attn: William Morrissey 345 St. Peter Street, Suite 2000 St. Paul, MN 55201 -1221 with a copy to: Fredrickson & Byron P.A. 200 South 611' Street Minneapolis, MN 55402 Attn: Mary S. Ranum Notice shall be effective, and the time for response to any notice by the other party shall commence to run, three (3) business days after any such mailing or one (1) business day after deposit with any such overnight courier. Either party hereto may change its address for the service of notice by giving notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change. Notwithstanding the foregoing, any party may give any other party written notice hereunder by any means other than by United States registered or certified mail or overnight courier, which is reasonably calculated to reach the other party, including but not limited to hand delivery, email transmission or facsimile transmission, provided that any such notice shall be deemed to have been given and shall be effective only when actually received by the addressee, proof of which shall be furnished by the party sending such notice. 11 0 3 6.2 No Amendments. No amendment or modification of the terms of this Agreement will be effective unless in writing and executed by Developer, or its successors, and the owner of the Ramp Parcel, and consented to by each and every holder of any mortgage(s) on the Hotel Parcel and Ramp Parcel or any part thereof. 6.3 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in frill force and effect. 6.4 Captions. The title of this instrument and the captions or headings of the articles, sections and subsections hereof are for convenience of reference only and are not to be used in the interpretation of this instrument. 6.5 Waiver. Failure by any party to enforce any provision of this Agreement shall not be deemed a waiver of the right to do so thereafter. 6.6 Generally. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto. Time is of the essence with respect to the payment and performance of the obligations set forth in this Agreement. No third party beneficiary rights are created by this Agreement. 6.7 Counterparts. This Agreement may be executed in any number of counterparts with the same force and effect as if all signatures were appended to one document, each of which shall be deemed an original. ARTICLE 7 DISPUTE RESOLUTION Except in connection with a proceeding in equity, which will be governed by the rules of procedure of the applicable court, claims, disputes or other matters in question between the parties hereto arising out of or relating to this Agreement or any breach hereof shall be first submitted to mediation, with the parties mutually agreeing upon a mediator and sharing equally the cost thereof. If the parties cannot agree on the mediator, one shall be appointed by the District Court for Dakota County, Minnesota. If the dispute is not resolved through mediation, it shall be governed by the laws of the State of Minnesota with the venue for any dispute being the District Court for Dakota County, Minnesota. 12 dud IN WITNES'S WHEREOF, the undersigned has executed this instrument the day and year first set forth in accordance with the requirements of the Act. DEVELOPER: EDA: MHC CEDAR GROVE L.L.C. EAGAN ECONOMIC DEVELOPMENT AUTHORITY ME Its: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) By: Mike Maguire Its: President By: Jon Hohenstein Its: Deputy Executive Director The foregoing instrument was acknowledged before me this _ day of , 2014, by Mike Maquire, the President of Eagan Economic Development Authority. Notary Public 13 STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2014, by Jon Hohenstein, the Deputy Executive Director of Eagan Economic Development Authority. Notary Public STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2014, by , the of MHC CEDAR GROVE L.L.C., a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 953 -8857 14 � 3Co EXHIBIT A Legal Description of the Hotel Parcel A -1 EXHIBIT B Legal Description of the Ramp Parcel ol EXHIBIT C Site Plan Showing EDA Parcels C -1 EXHIBIT D Minimum Maintenance Standards D -1 L- M EXHIBIT E Cedar Grove Parking Strifeture Structural Maintenance Payment, Schedule Hotel outlot-2 ONTIM Year Hotel Outlet -2 Yearly Maintenance Payment Arrival CNInflatlort Rate- Cara' ge, L4 �3;957i59 2JOW— 2017 $4,040.70 2A43°fo. 4 $4,125.x$ 2d& S. : 2022 2.1k -2625 7 0%. 12 202E 4y } it 2. IJC �A �13 2028 X9,078.55 2,1OvA' is 69 263.0 $5,2§4.01 .20A Sj4: .17 2A00/0: .2032, 2A046 19 1033 2 110% 2 0 203-5 ff S'873 81 _'�6 2037 $6,123.11 2.1045 24 2039 $11,25x1:69 2A0'% 25 '039 X0,382,98 24101 26 2040 X01511:02 41(yl,% 27 1044 $7pi.qs 2J0% 81 -2045 $7,230.66 32 ,2Q46 2047 -A4 FM04 M 9 2050 $a3;Ct22,44 2.101• 37 3's 20.52, 2653 40 .2054 - 8j717.'95 41 ----------- ........... X056 X9,087.84 2 1 (Plo 43 2055{7 24b4 44 }J,Ii8:69q 45 46 240%. 47 1061 $10,082.99 2..101- 48 2062 $10'294,74 2J0IA.; 49 E-1 0-q � Agenda Memo Eagan Economic Development Authority Meeting New Business February 3, 2014 2. CEDAR GROVE REDEVELOPMENT DISTRICT — AUTHORIZE PREPARATION OF SUBDIVISION FOR PROPERTY TO BE SOLD TO MHC CEDAR GROVE LLC ACTION TO BE CONSIDERED: To authorize staff to prepare the preliminary and final subdivision applications for property to be sold to MHC Cedar Grove LLC. FACTS: • The EDA -MHC Cedar Grove LLC purchase agreement provides for the EDA to complete the subdivision applications in order to create the lot to be sold to the company for the development of the hotel. This is similar to the EDA's agreement to plat of the property that has been sold to Stonebridge for The Flats at the east end of the redevelopment district. • If the EDA directs findings of fact to approve the purchase agreement, authorization to proceed with the subdivision of the .978 acre lot within the 1.8 acre parcel would be in order. • Authorization at this time will permit the preliminary subdivision application to be completed in parallel with the MHC preliminary planned development application in mid - February for the March APC meeting and an April City Council meeting. ATTACHMENTS: None d,1- Agenda Information Memo Eagan Economic Development Authority Meeting February 3, 2014 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED; To adjourn the EDA Meeting.