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03/02/2016 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MARCH 2, 2016 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. SWEARING IN of Officer Luke Caneff B. RECOGNIZE the retirement of Engineering Technician Bruce Allen for his 30 years of service to the citizens of Eagan C. RECOGNIZE the retirement of Clerical Technician Kathi Kamm for her 19 years of service to the citizens of Eagan IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. APPROVE Joint Powers Agreement enabling Eagan Police Officers to access Criminal Justice Data through the Minnesota Bureau of Criminal Apprehension F. APPROVE Resolution accepting a donation of $15,000 from the Eagan Citizens' Crime Prevention Association to be used to purchase training equipment G. APPROVE Exempt Permit for the Pinewood Community School to hold a raffle on April 8, 2016 H. APPROVE Resolution accepting a donation of furniture and equipment from an area business for the Fire Department I. APPROVE Final Planned Development — Lot 4, Block 1, Central Park Commons J. APPROVE Final Payment, Contract 15-06 - 2015 Well Rehabilitations K. APPROVE Final Payment, Contract 15-08 - 2015 1&1 Manhole Seals L. AWARD Contract 16-08 — 2016 Well Rehabilitations (#12, #14) M. AWARD Contract 16-11— 2016 Well Rehabilitations (#11) N. AWARD Contract 16-13 — 2016 1&1 Manhole Seals O. APPROVE Plans & Specifications, Contract 16-12 — 2016 Sanitary Sewer Lining, and Authorize Bid Opening for March 24, 2016 P. REQUEST Advance from Municipal State Aid Road Program Q. APPROVE Final Subdivision — Laugen Legacy R. APPROVE Resolution to accept cash and in-kind donations for upcoming 2016 events from multiple partners S. APPROVE Resolution to accept donation from Honeywell International Charity Matching for purchase of Market Fest 10th Anniversary supplies T. DECLARE miscellaneous Public Works equipment to be surplus U. ADOPT Resolution to participate in a Hazard Mitigation Planning Process V. ACCEPT a Grant from the Minnesota Department of Human Services to conduct Tobacco Compliance Checks W. ACCEPT Resignation of Advisory Planning Commission member Karina Landmesser V. PUBLIC HEARINGS A. VARIANCES — Cloverleaf Cold Storage / Daniel Kaplan - A Variance to allow a building coverage of 46% and a Variance to deviate from the required off-street parking stalls in an 1-1 zoning district located at 2864 Eagandale Boulevard B. CERTIFY Delinquent Utility Bills C. CERTIFY Delinquent Nuisance Abatement Bills VI. OLD BUSINESS VII. NEW BUSINESS A. REZONING - Knob Hill Professional Park/ John O'Halloran - A Rezoning of approximately 1.44 acres from PD, Planned Development to LB, Limited Business located on Lot 3, Block 2, Knob Hill Professional Park B. PLANNED DEVELOPMENT AMENDMENT - Shepherd Child Care/ Ann Gilman - A Planned Development Amendment to allow a daycare located at 1970 Rahncliff Court VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT City of EaRan TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: FEBRUARY 26, 2016 SUBJECT: AGENDA INFORMATION FOR MARCH 2, 2016 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 2, 2016 City Council agenda, the following items are in order for consideration. Consent Agenda Information Memo March 2, 2016, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Swearing-in of newly appointed Eagan Police Officer Luke Caneff Facts: ➢ Police Chief McDonald will introduce new Police Officer Luke Caneff to the Council and community. After a brief introduction, he will be administered the Oath of Office by the Chief. ➢ Officer Caneff began his employment on June 1, 2015. He recently completed his training and is currently patrolling the City on his own. Attachments: (0) Agenda Information Memo March 2, 2016 Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS B. Recognize the Retirement of Engineering Technician Bruce Allen 30 Years Working for the City of Eagan Facts: ➢ Bruce began employment with the City of Eagan on May 1, 1988. His last day of work is planned for March 14, 2016. ➢ Bruce has been a "jack of all trades" always willing to perform a variety of duties, excelling in areas for the City ranging from construction inspection/management to computer-aided drafting and geographic information system implementation. He was actively involved in Eagan's transformation from "paper only" to a digital data world. He has been involved in countless public improvement projects that have bridged departmental lines, always for the benefit of the City. ➢ He has a talent for working well with others, always professional, knowledgeable, and team -oriented. He cares about his coworkers. ➢ He has always worked hard under any circumstance to provide the citizens of Eagan with the best service possible. ➢ Bruce is looking forward to getting caught up on his "list," playing squash, home improvements, working on cars, and traveling. ➢ Tonight's presentation serves as a formal recognition by the Mayor and Council of the 30 years of service Bruce Allen has provided to the City of Eagan. ➢ A plaque will be presented to Mr. Allen in honor of this recognition. Attachments (0) Agenda Information Memo March 2, 2016, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS C. Recognition Of Kathi Kamm For 19 Years Working For The City Of Eagan Facts: ➢ Ms. Kamm began employment with the City of Eagan October 15, 1996. Her last day of work will be March 31, 2016. ➢ Ms. Kamm began her employment with the City of Eagan in the Finance Department before transferring in 2003 to a Clerical position within Parks and Recreation. ➢ Through her many roles within the City of Eagan, Ms. Kamm has provided countless hours of customer support to the families of Eagan. ➢ Ms. Kamm provided excellent frontline customer service skills including answer telephones and responding to questions regarding park and recreation programs and facilities with a positive attitude. ➢ Fellow employees, community members, friends and family will celebrate Ms. Kamm's retirement at a reception on March 10, 2016. ➢ Tonight's presentation serves as a formal recognition by the Mayor and Council of the 19 years of service Ms. Kamm provided to the City of Eagan. Attachments: (0) Agenda Information Memo March 2, 2016 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 February 9, 2016 Special City Council meeting, and February 16, 2016 regular City Council meeting as presented or modified. Attachments: (2) CA -1 February 9, 2016 Minutes CA -2 February 16, 2016 Minutes MINUTES SPECIAL CITY COUNCIL MEETING FEBRUARY 9, 2016 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Bakken, and Tilley. Councilmember Hansen was absent. Councilmember Fields arrived at 5:45 p.m. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Acting Parks and Recreation Director Flewellen, Director of Community Development Hohenstein, Finance Director Pepper, and City Clerk/Administrative Services Coordinator Scipioni. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye:3 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. FINAL PLAT (EAGAN WOODS OFFICE PARK 3RD ADDITION) — MSP COMMERCIAL City Administrator Osberg introduced the item noting it is not staff's typical practice to have such items on a Council workshop agenda. Typically a plat is approved concurrently with its associated development item or as a separate consent item. A Planned Development Amendment and Final Planned Development to construct a 3 -story 70,000 s.f. medical office and clinic for Summit Orthopedics were approved on December 15, 2015. Osberg noted since previous Council action only approved the Planned Development the Final Plat approval is being requested at tonight's Council workshop. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Plat (Eagan Woods Office Park 3rd Addition) upon approximately 4.2 acres located at the southwest corner of 1-494 and Pilot Knob Road. Aye: 4 Nay: 0 RESEARCH ON BACKYARD MINIATURE PIGS City Administrator Osberg introduced the item noting at the January 5, 2016 Listening Session, the City Council received a request from a resident to consider an ordinance amendment to allow miniature pigs on residential properties. City Code currently allows pigs only on properties of at least 5 acres zoned agricultural. Osberg noted per the direction of the Council, staff researched backyard miniature pigs and other cities' ordinances. If the Council directs preparation of an ordinance amendment to allow miniature pigs on residentially zoned properties, staff has identified public policy questions/issues for consideration. City Clerk Scipioni provided background information. Special City Council Minutes February 9, 2016 Page 2 It was the consensus of the City Council to direct preparation of an ordinance amendment to allow the keeping of miniature pigs on residential property. The Council provided the following direction regarding the public policy questions/issues: 1. Should the City require spaying/neutering of miniature pigs? The Council agreed miniature pigs must be spaying or neutered. 2. Should the City prohibit slaughter on residential properties? The Council agreed slaughter is prohibited on residential properties. 3. Should the City require a fenced area for miniature pigs? The Council agreed an adequate fenced outdoor space must be provided. 4. Should the City limit miniature pig licenses to single-family residential properties? The Council agreed miniature pigs are limited to single-family residential properties. The Council agreed miniature pigs shall be subject to the same regulations and permitting requirements as dogs. It was noted the direction of the ordinance preparation wold be added to the February 16, 2016 consent agenda. FIRE ADMINISTRATION BUILDING OPTIONS City Administrator Osberg introduced the item noting the Council is being asked to discuss and define expectations and parameters for the future use of the Fire Administration Building. Osberg walked through some facts regarding the Fire Administration Building, City Hall/Police Station improvement project, recent discussion about the Fire Administration Building, outside interest in the building and issues regarding the possible relocation of City Staff to the Fire Administration Building. The Council discussed the Fire Administration Building options. After further discussion the Council provided the following feedback: • Get proposals/letter of interests from the additional two parties who have expressed an interest in the building. • Contact a commercial real estate broker to discuss the options associated with the rental or sale of the Fire Administration Building. • Contact CNH Architects to gather additional cost information with regard to savings and costs associated with relocating City staff to Fire Administration Building. • Bring the additional information request to a future Finance Committee meeting. • Proceed with the intent of having a decision regarding City staffing and future options for the building by Fall 2016. There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn at 7:05 p.m. Aye:4 Nay:O Special City Council Minutes February 9, 2016 Page 3 Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota FEBRUARY 16, 2016 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was absent. Zak Zeug, owner of ZZQ Restaurant, addressed the City Council to consider changing the City Ordinance, Chapter 5 of the City Code (Liquor License Regulations), regarding setback requirements for liquor license establishments from a daycare. A regular meeting of the Eagan City Council was held on Tuesday, February 16, 2016 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Acting Parks & Recreation Director Flewellen, Director of Community Development Hohenstein, and Director of Public Works Matthys. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent amended: Aye:4 Nay:0 A. It was recommended to approve the minutes of February 2, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to accept the resignation of Marie Segar as Part Time Fire Prevention Specialist. Mrs. Segar will continue to serve as a Paid On Call Fire Fighter. C. It was recommended to ratify the check register dated January 29 and February 5, 2016 as presented. D. It was recommended to approve the ordinary and customary contracts with Springboard for the Arts, Minnesota Center for Book Arts, and Metropolitan Regional Arts Council. E. It was recommended to approve Change Order No. 3 to Contract No. 15-10, Old Town Hall Repairs and Renovation, and authorize the Mayor and City Clerk to execute all related documents. F. It was recommended to receive the Eagan Forward Community Visioning Plan. G. It was recommended to adopt a resolution approving a Premise Permit for the Eastview Hockey Association to conduct lawful gambling at Green Mill, 1940 Rahncliff Court. City Council Meeting Minutes February 16, 2016 2 page H. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 10 to allow miniature pigs on single-family residential properties via a permit. I. It was recommended to order the preparation of an Alternative Urban Area -wide Review for the 204 acre area in northeast Eagan Bounded by Highway 149, 1-494 and Ames Crossing. J. It was recommended to approve an extension of the Final Plat approval for Cedar Grove Townhomes 2nd Addition — CalAtlantic Group, Inc. (Ryland Homes). K. It was recommended to approve the plans and specifications for Contract 16-01 (2016 Street Revitalization) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, March 31, 2016, at City Hall, 3830 Pilot Knob Road. L. It was recommended to approve the plans and specifications for Contract 16-02 (2016 Street Revitalization) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, March 24, 2016, at City Hall, 3830 Pilot Knob Road. M. It was recommended to approve the plans and specifications for Contract 16-08 (2016 City Well Rehabilitation — Wells No. 11, 12, and 14) and authorize the advertisement for a bid opening to be held Friday, February 25, 2016, at the North Water Treatment Plant (Utilities Administration) at 3419 Coachman Point. N. It was recommended to approve the plans and specifications for Contract 16-09 (2016 Water Quality Projects — Storm Sewer Improvements) and authorize the advertisement for a bid opening to be held at 12:30 p.m. on Thursday, March 31, 2016, at City Hall, 3830 Pilot Knob Road. O. It was recommended to receive bids for City Contract 15-04 (Sperry Tower Recommissioning) and award the contract to Vinco, Inc., for the base bid in the amount of $1,409,718.54, and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to receive bids for Contract 15-23 (Well No. 3 Restoration — Trunk Water Improvements) and award the contract to American Liberty Construction Inc., for the base bid in the amount of $334,982.90, and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to receive bids for City Contract 16-06 (Pond EP -2.01— Water Quality Improvements) and award a contract to Craig Bardson Excavating, Inc., for the base bid in the amount of $73,600.05, and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to award a contract for Fuel Island Repairs at the Central Maintenance Facility to Pump and Meter Service, Inc., in the amount of $59,364.13, and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to approve Change Order #5 for the Fire Station Four Remodel Project. PUBLIC HEARINGS Gift of Mary — Easement Vacation Public Works Director Matthys introduced the items noting on January 11, 2016, City staff received a petition from Peter Deanovic, representing Buhl Investors, requesting the vacation of existing drainage and utility easements over all of Lot 1, Block 1, Gift of Mary located at 510 Lone Oak Road. Matthys noted the purpose of this request is to allow the recording of a final plat of the property for the proposed Gateway Business Park development. City Council Meeting Minutes February 16, 2016 3 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing to consider the vacation of public drainage and utility easements on Lot 1, Block 1, Gift of Mary, and continue action to coincide with future City Council consideration of the Gateway Business Park final plat. Aye:4 Nay:0 OLD BUSINESS There were no old business items to be heard. NEW BUSINESS There were no new business items to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 6:35 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk Agenda Information Memo March 2, 2016 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items Item 1 Action to be Considered: Authorize the hiring of a part time temporary HR/Recruitment Specialist to work no more than 27 hours per week from March 2016 through December 2016, and authorize a corresponding budget amendment. Facts: ➢ The City is experiencing significant staff turnover, primarily due to retirements. ➢ As such, the workload on the Human Resources staff has grown exponentially. ➢ A part-time, temporary person is proposed to address recruitment needs for the City of Eagan for the remainder of 2016. ➢ The cost of the temporary employee is proposed to be offset by the savings associated with the currently vacant Parks and Recreation Director position, which is anticipated to be filled in May 2016. ➢ A balanced budget amendment is proposed by decreasing the Parks and Recreation budget by $43,400 and increasing the Human Resources budget by $43,400. Item 2 Action To Be Considered: Authorize the hiring of the following seasonal employees: Samuel Kenefick — Rink Attendant Julie Stangenes — Skating Instructor Thomas Smrekar — Referee Agenda Information Memo March 2, 2016 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated February 12, and February 19, 2016 as presented. Attachments: (2) CC -1 Check register dated February 12, 2016 CC -2 Check register dated February 19, 2016 Agenda Information Memo March 2, 2016, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts: ➢ The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved: ➢ Event Partnership Agreement with Genisys Credit Union for sponsoring 2016 Parks and Recreation community events ➢ Entertainment Partnership Agreement with Think Bank for sponsoring 2016 Market Fest entertainment ➢ Event Promotional Partnership Agreement with Sun Thisweek Newspaper for discounted advertising rates for Parks and Recreation event promotion ➢ Multi -Event Partnership Agreement with The Urgency Room for donations to the Food On 4 Wheels event and Market Fest POP Club ➢ Entertainment Contracts with the following for Market Fest entertainment: o A Hard Day's Night o Apple Valley High R&B Band o Bill and Kate Isles Band o Brio Brass o Geoff Elvee Trio o Nashville Artist, Jeff Dayton & Friends o Kidsdance o LaVelle Jazz Cats Little Big Band o Memphis & The Meantime's with Mick Sterling o Pocupine Creek o Remembering Elvis with Steve & Tommy Marcio o Stoned Acoustic o The Bad Companions o The Riverside Swing Band o Rockin' Hollywoods o Virgo Supercluster ➢ Agreement with the Metropolitan Library Service Agency to provide art classes at various Dakota County libraries ➢ Construction/installation contract with Minnesota Native Landscapes for non- native brush removal at Patrick Eagan Park Sublease agreement with Golden Essence Healing Arts LLC for classroom space for senior classes Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo March 2, 2016, Eagan City Council Meeting CONSENT AGENDA: E. Approval of a Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension Action To Be Considered: To approve a Joint Powers Agreement enabling Eagan Police Officers to access Criminal Justice Data through the Minnesota Bureau of Criminal Apprehension. Facts: ➢ The Minnesota Bureau of Criminal Apprehension (BCA) is responsible for providing a network of criminal justice data. The network is very robust and links information from the federal government and all 50 states. Through the network, law enforcement officers can access an infinite amount of information. Examples of criminal justice data available include the ability to verify driver's license/motor vehicle information, check to see if a person has an arrest warrant or is listed as missing, and verify if property is stolen. ➢ The agreement demands police personnel use the system for legitimate law enforcement purposes. Compliance is periodically checked through audits conducted by personnel working for the BCA. ➢ Accessing the network is essential to law enforcement officers. Attachments: (3) CE -1 Joint Powers Agreement CE -2 Court Data Services Subscriber Amendment to CJDN Subscriber Agreement CE -3 Resolution SWIFT Contract 9 105869 MNO 190800 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Eagan on behalf of its Police Department ("Agency"), Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement Term of Agreement 1.1 Effective dates This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date. This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to -computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use RCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. SWIFT Contract 9 105869 MN0190800 2.4 Agency p®Incites. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS)have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at hapsp .//app. s.nn . ov/cjdn. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at ht'cs://sps.x.state.mn.us/sites/beaservicecatalog/default.4yx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bea/bea- dlvlsioils/mni is/Documents/BCA-Pohev-on-Appropriate-Use-of-Svsteins-and-Data.ndf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, SCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.3 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal Iaws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, RCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must SWIFT Contract # 105869 MN0190800 keep a transaction record sufficient to satisfy FBI -CJ IS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the SCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy, The BCA will maintain records of the federal, fingerprint -based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of Six Hundred Thirty Dollars ($630.00) or a total annual cost of Two Thousand Five Hundred Twenty Dollars ($2,520.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Chief James McDonald, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5700, or his/her successor. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. SWIFT Contract 4 105869 MN0190800 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat, § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.11 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and 'fools. SWIFT Contract # 105869 NINO 190800 The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Agency's internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Cowart Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, SCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency, The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 1® Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 "Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination.for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; g. Government SWIFT Contract # 105369 MN0190800 Data Practices; 9. Investigation of alleged violations; sanctions; and IO.Ventte. The parties indicate their agreement and authority to execute this Agreement by signing below. t. AGENCY Name: (PRINTED) Signed: Title: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSI®N Name: (PRINTED) Signed: Title: (with delegated authority) Date: 3. COMMISSIONER OF ADM INISTRATION delegated to Materials Management Division By: Date: � wKS 1 IT A j This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Eagan on behalf of its Police Department ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 105869, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. "fhe BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 ate "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. be "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www. courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. co "Cowart (Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Cowart Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. c. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www. courts. state, mn.us. Office. g. "Court" shall mean the State of Minnesota, State Court Administrator's h. 66Subscriber" shall mean the Agency. i, "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES, Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The SCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. 2. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. lbo Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS 1LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non -official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is Ionger, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. C. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment, 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 8 7, LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hercoi; the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. ae Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. be Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schema$ such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." do Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same mariner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub -section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 C. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. 'Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation. including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8, INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS -M -0958. 1.1 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. II. [reserved] Ito ADDITIONAL USED. OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. ao Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. bo Access and Use; Doge Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat, Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. 2. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PANTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur ally liability or obligation of any kind, express or implied, against or in the narne of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 8. NON -WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE, Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT ANIS BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE ANIS JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 241. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the C.1DN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. A. SUBSCRIBER (AGENCY) 2. DEPARTMENT OF PUBLIC BAFF'I'N, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach written verification of authority to sign on behalf of and bind the entity, Name: such as an opinion of counsel or resolution. (PRINTED) Mame: Signed: (PRINTED) Signed: Title: (with delegated authority) Title: Date: (with delegated authority) Date:3. COMMISSIONEROF ADMINISTRATIONw delegated to Materials Management Division Name: _ � . Date: (PRINTED). Signed: 4. COURTS Authority granted to Bureau of Criminal Apprehension Title: Name: (with delegated authority) (PRINTED) Date: ------ Signed: _ Title: (with authorised authority) Date: 10 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF EAGAN ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Eagan on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Eagan on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Chief of Police, James McDonald, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Lynn Vasquez, Office Manager, is appointed as the Authorized Representative's designee. 3. That the Chief of Police, James McDonald, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Lynn Vasquez, Office Manager, is appointed as the Authorized Representative's designee. 4. That Mike Maguire, the Mayor for the City of Eagan, and Christina Scipioni, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 2nd day of March, 2016. CITY OF EAGAN By: Mike Maguire Its Mayor ATTEST: By: Christina Scipioni Its City Clerk Agenda Information Memo March 2, 2016, Eagan City Council Meeting CONSENT AGENDA: F. Adopt A Resolution Accepting A Donation From Eagan Citizens' Crime Prevention Association And Corresponding Budget Adjustment Action To Be Considered: Adopt a resolution accepting a $15,000 donation from the Eagan Citizens' Crime Prevention Association that will be used to reimburse the City for the purchase of a virtual shooting system. Facts: ➢ The Eagan Citizens' Crime Prevention Association is forwarding a $15,000 donation to reimburse the City for expenses related to the purchase of a virtual shooting system. ➢ The donation is expected to cover costs of replacing an outdated system that is no longer serviceable. ➢ The appropriate revenue (3511.4663) and expenditure (3511.6670) line items in the Equipment Revolving Fund will be adjusted to reflect the donation and related expenditure, respectively. Attachments: (1) CF -1 Resolution CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Eagan Citizens' Crime Prevention Association WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan Citizens' Crime Prevention Association has presented the police department with a donation in the amount of $15,000. The funds will be used to reimburse the City after the purchase of a virtual shooting system. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Citizens' Crime Prevention Association for the gracious and generous donation. ADOPTED this 2" d day of March, 2016. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo March 2, 2016, Eagan City Council Meeting CONSENT AGENDA G. Approve Exempt Permit for the Pinewood PTO to hold a raffle on April 8, 2016 at Pinewood Community School Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Pinewood PTO to conduct a raffle on April 8, 2016 at Pinewood Community School, 4300 Dodd Road. Facts: The Pinewood PTO has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CG -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT PINEWOOD PTO WHERAS, the Pinewood PTO has applied for an Exempt Permit to conduct a raffle on April 8, 2016; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Pinewood PTO to conduct a raffle on April 8, 2016 at 4300 Dodd Road. Motion by: Seconded by: Those in favor: Those against: Date: March 2, 2016 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its 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 2" d day of March, 2016. City Clerk Agenda Information Memo March 3, 2016 Eagan City Council Meeting CONSENT AGENDA H. Approve a Resolution Accepting a Donation of furniture and equipment from an area business for the Fire Department Action To Be Considered: Approve a Resolution Accepting a Donation of furniture and equipment from an area business for the Fire Department. Facts: ➢ The Eagan Fire Department has recently been offered a donation of used rescue training equipment and used furniture from a Eagan business called the Spectrum Group. ➢ This equipment and furniture is in a facility that Spectrum owns and operates and the President Rick Morphew has indicated he is in ownership of. ➢ The Rescue equipment would be used for the Fire Department training program while the furniture would be used for the proposed new Fire Station One. ➢ The attached list gives details on the exact amount of furniture and equipment and the resolution authorizes the Fire Department to accept the donation. ➢ A thank you letter will be sent by the Fire Department to Mr. Morphew. Attachments: (2) CH -1 Resolution CH -2 List of items EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on March 3rd, 2016, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Spectrum Group has offered to donate rescue equipment and furniture for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Spectrum Group and President Rick Morphew for the gracious and generous donation. ADOPTED this 3rd day of March, 2016 Mike Maguire, Mayor ATTEST: Christina Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Physical Inventory — Donation Donation from Spectrum LLC Date 2-11-16 Inventory No. Item Description Use Quantity Location A Stethoscopes and BP Cuffs Training Dept 2 boxes Massage Room 1 B Adult CPR mannequins Training Dept 5 bags Massage Room 1 C Infant & Child CPR mannequins Training Dept 3 bags Massage Room 1 D BVM (adult and Infant) breathers Training Dept 3 bags Massage Room 1 E AED trainers Training Dept 8 Massage Room 1 F Knee pads (CPR training) Training Dept 3 bags Massage Room 1 G Training Supplies (Body parts) Training Dept 3 bags Massage Room 1 H Curtain and track Secure storage 1 curtain Massage Room 1 1 Round table and 4 chairs EMS room St 2 1 table 4 chairs Massage Room 1 J Office desk St 1 capt office 1 desk Admin office K 'Double Wide" desk and file cabinet St 1 training office 1 modular unit Admin office L Office desk and office shelf Mech office 1 unit Admin office M File Cabinet and shelving St 1 Capt office 1 each Grey area N Classroom Chairs (w/wheels) St 1 Classroom 20 Classroom # 1 0 Office Chairs (upholstered) St 1 4 Classroom 1 P Classroom tables St 1 Classroom 20 Classroom 3&4 Q Wall display boards (Glass) St 1 2 Outside of classrooms R Desk and wood file cabinet St 2 EMS room 1 unit Instructors office S Classroom chairs (W/O wheels) St 1 classroom 16 Lunchroom T Desk and shelf St 2 EMS room 1 unit Lunchroom office #1 U Admin Chairs St 1 4 Staff lounge V Refrigerator St 1 bay 1 Staff Lounge W Heavy duty shelf St 1 storage 1 Staff lounge X Janitor shelves St 1 janitor rooms 2 Staff lounge Y Side chairs St 1 general 12 Entry Z Office Chairs St 1 general 28 Misc Areas AA Wall clocks St 1 general 10 Misc Areas BB High rolling chairs St 1 lounge 12 Misc Areas CC Wall display boards with holders St 1,2 & 4 3 Entry Agenda Information Memo March 2, 2016, Eagan City Council Meeting CONSENT AGENDA I. Approve Final Planned Development for Lot 4, Block 1, Central Park Commons - CSM Corporation Action To Be Considered: To approve a Final Planned Development for an approximately 47,000 s.f. multi -tenant retail building upon Lot 4, Block 1, Central Park Commons. Facts: ➢ The Preliminary Subdivision and Preliminary Planned Development for Central Park Commons were approved by the City on February 3, 2015. ➢ The preliminary development approval consisted of a multiple building commercial development containing retail, service, restaurant, and office uses upon approximately 47 acres located on the northwest corner of Pilot Knob and Yankee Doodle Roads. ➢ The final development plans for Lot 4 have been reviewed by staff and are substantially consistent with the preliminary approvals for a multi -tenant retail building upon this lot. ➢ The final plans reflect some modifications from the preliminary plans. The building is demised into seven tenant spaces rather than three. Correspondingly, the architecture reflects more storefronts, while maintaining the same types of features and exterior finishes. ➢ The Final Planned Development Agreement is in order for execution at the City Council meeting on March 2, 2016. Issues: None Attachments: (3) CI -1 Location Map CI -2 Final PD Agreement CI -3 Final PD Agreement Exhibits z tL o 0 r� N r- .0 c 0 0 E im E X40 4•p�� o" O U c a of6. m a U o E °- o Loo r o N 0 U 'a r N ■� � � a Gd � c Z 4j V N Z a�U z tL o 0 r� N r- .0 m D 0 y im O X40 4•p�� C O -a a of6. z tL o 0 r� N r- .0 D 0 y N O N N U U C O Y m >_ -a a of6. m a U o Loo 0 FINAL PLANNED DEVELOPMENT AGREEMENT LOT 4, BLOCK 1, CENTRAL PARK COMMONS This Final Planned Development Agreement ("hereinafter "Agreement") is made effective as of the day of 2016, by and between the City of Eagan (hereinafter the "City"), a Minnesota municipal corporation, and CSM Central Park Commons LLC, a Delaware limited liability company (hereinafter "Owner/Developer"). The City, Owner and Developer are hereinafter collectively known as the "Parties." WHEREAS, the City Council of the City of Eagan is the official governing body of the City; and WHEREAS, the Owner is the fee owner of Lot 4, Block 1, Central Park Commons (the "Property"); and WHEREAS, the use and development of the Property is governed by a Preliminary Planned Development Agreement dated February 3, 2015, and recorded June 9, 2015 as document 3071577 (the "Development Agreement"); and WHEREAS, the Developer submitted an application for a multi -tenant retail building of approximately 45,000 s.f. upon the Property (the "Development Proposal"); and WHEREAS, the Development Proposal and plans attached hereto (Exhibits B — F) are found to be in conformance with the Development Agreement, and the Parties hereby acknowledge that this Agreement and the attached exhibits constitute the Final Planned Development for the Property. NOW, THEREFORE, it is hereby agreed to and between the Parties as follows: 1. This Agreement applies only to the Property and replaces and supersedes the Development Agreement for the Property. 2. This Agreement includes specific conditions to the Property as set forth in Exhibit A attached hereto. 3. The use and development of the Property shall be in conformance with the following plans (the Development Plans) attached hereto as Exhibits B -G. (A full size copy of these exhibits shall be on file with the City's Community Development Department.) Exhibit B — Final Site Plan dated 12-2-15 Exhibit C — Final Building Elevation Plan dated 10-7-15, last revised 2-24-16 Exhibit D — Final Landscape Plan dated 12-2-15 Exhibit E — Final Signage Plan dated 9-28-15 Exhibit F — Final Site Lighting Plan dated 12-2-15 Exhibit G — Final Amenities Plan dated 12-2-15 4. This Agreement shall run with the Property until terminated and shall be binding upon the successors and assigns of the Owner. 5. This Agreement shall expire two (2) years from the date of execution unless prior to such date, the City has issued a Certificate of Occupancy for the improvements to be constructed in accordance with the Development Plans. In the event this Agreement expires, the City may at its sole option, initiate an amendment to its Comprehensive Guide Plan and rezone the Property in accordance with Minnesota statutes and the City Code. In the event the City rezones the Property, this Agreement shall automatically terminate upon the effective date of the rezoning. 6. This Agreement may be modified, amended or supplemented solely in compliance with City ordinances, rules and regulations. Notwithstanding, any changes to the Development Plans that are not substantive may be approved administratively by City staff. Substantive modification to the Development Plans requires an amendment to this Agreement. 7. All site improvements including lighting, signage, landscaping, and paved surfaces, shall be maintained in good repair. 2 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written. CITY OF EAGAN, a Minnesota Municipal Corporation BY: Mike Maguire Its: Mayor BY: Christina M. Scipioni Its: Clerk APPROVED AS TO FORM: City Attorney STATE OF MINNESOTA) )ss COUNTY OF DAKOTA ) On this day of APPROVED AS TO CONTENT: City Planner , 2016 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 3 Final Planned Development Agreement Signature Page for the Owner/ Developer CSM CENTRAL PARK COMMONS LLC, a Delaware limited liability company in Its: STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2016, by , the of CSM Central Park Commons LLC, a Delaware limited liability company, on behalf of the limited liability company. THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952)953-8847 (RBB) I Notary Public EXHIBIT A 1. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement and shall be consistent with the approved master plans for the Preliminary Planned Development. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Signage Plan • Final Lighting Plan • Final Amenities Plan 2. The property shall be platted. 3. A Master Association shall be created, or a similar maintenance requirements through an ROEA, in a form acceptable to the City Attorney, for the maintenance of the amenities and shared easement areas in the development. (Satisfied) 4. Ingress -egress easements shall be provided to ensure all parcels have access to a public street. Such easements shall be in a form acceptable to the City Attorney. (Satisfied) 5. All buildings shall present an attractive appearance on all sides with similar architectural features and materials as the front/entry sides of the buildings. 6. All outdoor dining areas shall be designed and operated consistent with City Code standards. For each outdoor dining area, a detailed patio seating plan should be provided at the time of Final Planned Development. Outdoor patio dining should meet City Code requirements of Sec. 11.70, Subd. 29, with the exception that parking is considered satisfied. If a patio is within 20 feet of an internal street, bollards to prevent vehicle penetration are acceptable with appropriate sidewalk connection. 7. At the time of application for any on -sale liquor license, the developer shall verify that the licensed premises satisfies the special use setback. 8. Operation and maintenance of the seasonal outdoor sales area, as well as any associated signage, shall be subject to compliance with City Code standards. (Not applicable to this lot.) 9. Detached trash enclosures shall be located as identified on the approved Site Plan, and shall meet the design standards in the City Code, and be constructed of the same finish materials as the principal buildings. 10. All rooftop mechanical equipment shall be depicted on final drawings for Building Permit and compliance with screening standards verified at that time. 11. Cart corrals shall be shown on the Final Site Plan. Cart corrals shall be a permanent installation, and no signage shall be placed on the corrals. All shopping carts shall be collected each day and stored within a building overnight. A storage area for carts shall be provided within the buildings for that purpose. 12. The Final Landscape Plan shall have amended specifications to include a note that the root ball be set flush with grade with the root flare visible 1-2" above grade. Additionally, the plan shall note mulch shall not be in contact with the trunk of the tree. (Satisfied) 13. All landscaped areas shall be provided with automatic irrigation in compliance with City Code requirements. 14. A financial guaranty for landscaping and tree mitigation shall be provided at the time of Final Subdivision, in accordance with City Code provisions. (Satisfied) 15. A blue or other industry standard recycling receptacle shall be placed directly next to all trash receptacles in the common areas of the development. Uniform labels on receptacles and lids will indicate recycling or trash and will specifically identify the types of items accepted in each container. 16. Pedestrian crossings of drive lanes shall be visually and texturally offset through use of a different pavement material. 17. Storage of commercial vehicles integral to the principal use of the property shall be subject to City Code standards, and the designated parking stalls shall be identified on the Site Plan at the time of Final Planned Development. 18. A cohesive consistent design shall be provided for all free-standing signs. 19. On free-standing signs, including the Project Sign -Marquee, tenant panels shall be of same construction design consisting of metal panels backlit with translucent graphics. 20. To establish sign placement, size and design parameters for the development, a Master Signage Agreement shall be provided, with the first Final Planned Development, and identify tenants that will be served by each pylon and/or monument sign. This Master Signage Agreement shall be in a form acceptable to the City Attorney, to be executed and recorded against the property. (Satisfied) 21. Except for the Project Sign -Marquee, all monument and pylon signs shall be center identification signs consistent with the design as reflected in the Preliminary Planned Development, with the location depicted on the Master Sign Plan/Agreement. The dimensions of the monuments sign shall be as depicted on the Sign Plan. 22. A final design with a sign panel and indication of overall height shall be provided for the Gateway sign in the northwest corner of the site. (Not applicable to this lot.) 23. Easements shall be dedicated to make certain that the monument improvements are maintained at an appropriate level consistent with the City's established monumentation on Central Parkway. The developer shall enter into an encroachment agreement, in a form acceptable to the city attorney, to allow for the placement of these monuments within the public right-of-way. (Satisfied) 24. A final design plan for the Project Sign -Marquee indicating sign face size and setback location shall be submitted for approval with the first Final Planned Development. Tenant sign identification on the marquee pylon shall be in two complementary earth tone colors, with the tenant's choice of font and letter style. All signs on the structure shall be the same construction design consisting of metal panels backlit with translucent graphics. (Satisfied) 25. A final design plan for the monument identification sign at the southwest corner of the site (Monument #5) and for the Entry monument sign at the southeast corner of the site (low Entry monument by Project Sign -Marquee) shall be submitted for approval, and their location and setbacks clearly indicated on the Final Site Plan. (Not applicable to this lot.) 26. All building signage shall be mounted to the building wall within the designated sign band, and placement of signs atop a canopy shall not be permitted. 27. All building signage shall be consistent in design, while accommodating the unique identifiers of individual tenants including colors, script and logos. 28. Building architecture shall be considered prior to sign placement so that sign placement is in keeping with the architectural features of the building. 29. Wall signs within the "Village" area shall not exceed 36" height. (Not applicable to this lot.) 30. Signs displaying message or products shall be subject to City Sign Code standards. 31. Final signage plans shall be provided for all buildings at the time of Final Planned Development. a. Building sign size shall be subject to City Code standards. Endcap tenants in multi -tenant buildings may be allowed signage on up to three elevations, and interior tenants on up to two elevations. Single occupant buildings may be allowed signage on up to three elevations. The sign construction type shall be consistent with other building signage throughout the development. 32. Details on the design and placement of directional signs shall be provided with the Final Planned Development. The directional sign structures shall be located so as not to interfere with visibility, vehicular or pedestrian circulation or snow storage. 33. Building elevations shall be submitted for all buildings at the time of Final Planned Development. Buildings for which Preliminary Elevations were not provided shall utilize the same palette of materials and consistent architectural features presented in the Preliminary Schematic Building Elevations. 34. The building sections identified as "tenant trade dress" or similar, shall satisfy City Code standards for quality finish materials, such that the required materials ratios are upheld. Details of the "tenant trade dress" features shall be provided at the time of Final Planned Development for staff review and acceptance. 35. All mechanical equipment, both roof and ground mounted, shall be screened in accordance with City Code standards. All equipment and proposed screening shall be shown and identified on the Final Building Elevations and/or Site Plan drawings at the time of Final Planned Development. 36. All screen walls shall fully screen the truck dock and service areas, and be of a length and height to fully screen any trucks and trailers parked at the docks. 37. New plantings shall be coordinated with existing trees along Central Parkway, subject to approval of the City Forester. (Not applicable to this lot.) 38. Landscaping shall be enhanced along the south side of the development to provide an attractive streetscape and frame views into the site, subject to approval by the City Forester. (Not applicable to this lot.) 39. The developer shall fulfill tree mitigation requirements through the installation of one -hundred seventy-four (174) Category A trees (>= 4" caliper deciduous trees or >=12' height coniferous trees). (These numbers are for the entire Central Park Commons development.) 40. The two Swamp White Oak tree species, which are proposed to be installed in the portion of Central Parkway median that is proposed to be closed off, just north of Quarry Road, shall be revised to Autumn Blaze Red Maple (Acer x freemanii `Jeffersred') on the Final Tree Mitigation Plan. (Not applicable to this lot.) 41. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 42. The developer shall be responsible to relocate the existing storm sewer the pipe along the northern edge of the site to an alignment acceptable to the City Engineer, and maintain public drainage & utility easement over the existing storm sewer pipe until the relocation is complete. 43. The developer shall be responsible to relocate the existing 10" public trunk water main to an alignment acceptable to the City Engineer. 44. A 20' wide minimum drainage and utility easement, centered on the alignment of the future water main, shall be dedicated with this development. 45. This development shall be required to dedicate an outlot of sufficient size, in a location that meets all Minnesota Department of Health setback requirements for Community Public Water -Supply Wells, public easement and access for the construction and perpetual maintenance of planned above grade City well and transmission line pipes, and conduit for well communications, in accordance with Water Supply & Distribution Plan and City Public Works design standards. The alignment and construction of the raw water transmission lines shall avoid the development's proposed storm water underground infiltration and ponding features, and other utilities. A 20' wide minimum drainage and utility easement, centered on the alignment of the future raw water main, and a drainage and utility easement for the well house conduit that is either 5' wide if provided adjacent to the water main easement, or 10' wide if provided elsewhere, shall be dedicated with this development. (Satisfied) 46. The developer shall provide private utility easements and/or maintenance agreements for these proposed private sewer and water lines and future utility lines within the development, in a form acceptable to the City Attorney, at time of final subdivision approval. (Satisfied) 47. The plat shall be revised to eliminate drainage and utility easements over all stormwater ponds. (Not applicable to this lot.) 48. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 49. The developer shall provide a plan to be approved by staff including development - owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi -partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. The conduit to the well house can be a single duct. 50. The developer shall provide private maintenance agreements for the private streets, in a form acceptable to the City Attorney, at time of Final Subdivision approval. (Satisfied) 51. "No Parking/Fire lane" signage shall be installed along the private streets and medians within the development to ensure they be kept open for emergency vehicle access. The developer shall provide a plan to be approved by the Fire Department that includes "No Parking/Fire Lane" areas and any possible fire department pull offs. 52. Cross -easements for ingress/egress and shared parking shall be executed in a form acceptable to the City Attorney. (Satisfied) 53. This development shall be responsible for removing the existing driveway entrances not utilized on Central Parkway, installing the associated curb and landscaped medians to close the existing median openings on Central Parkway, and removing the temporary bituminous median on the south end of Central Parkway and replacing it with a permanent concrete median. 54. The development shall be responsible for all driveway and turn lane improvement costs associated with this site. 55. The developer shall obtain all necessary permits from Dakota County for any work within the Pilot Knob Road or Yankee Doodle Road right-of-way. 56. The development shall dedicate additional public right-of-way along Pilot Knob Road (CSAH 31) for future upgrade needs of the roadway, and as determined by Dakota County. 57. The plat shall be revised to dedicate sufficient public right-of-way for a potential future one -lane roundabout at the intersection of Central Parkway and Quarry Road. (Not applicable to this lot.) 58. The developer shall enter into a trail easement agreement, in a form acceptable to the City Attorney to provide public right-of-way or trail easement of sufficient size for any public trails constructed outside the current right-of-way limits. 59. This development shall meet the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and %2" Volume Control on the site's impervious surface area. 60. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the City with soil boring logs from a minimum of four soil -borings from the proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and/or construction plans to ensure volume control requirements are fully met. (Satisfied) 61. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the maintenance required to maintain proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. (Satisfied) 62. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of proposed sub -surface infiltration practice for City review (cross-sections, construction sequencing/protection, sizing/volume tables, details for inlets, proper venting, maintenance access, etc.), to ensure sub -surface infiltration practice is properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). (Satisfied) 63. During sub -surface infiltration practice over -excavation and sub -soil work, before and during pea -rock backfilling and perforated pipe placement, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 0.7 - inch per hour or greater. If the sub -soil infiltration rates are less than 0.7 -inch per hour, on which the sub -surface infiltration practice was sized, the developer shall immediately notify the City Engineer and revise the volume control project to ensure volume control requirements are fully met. 64. Before the city issues a Certificate of Occupancy on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (ponds and sub -surface infiltration practice) conform to design and/or construction plans, as approved by the City. As -built volumes (for detention and retention) shall be provided for the ponds and sub -surface infiltration practice. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 65. Park dedication shall be through cash dedication. The amount shall be determined by the retail square footage reflected in the approved plan and recognizing a past dedication credit of 37.5%, to be satisfied through a cash payment at the time of Final Subdivision at the rates then in effect. (Satisfied) 66. Trails dedication shall be satisfied through installation of a trail system along Central Parkway adjacent to the development site, to the satisfaction of the City. EXHIBIT B EXHIBIT C 1, EXHIBIT nrinn nune%•\EWt\If00JG\p(nn shee tslFlrwl P➢ Fhase 3 QRSV-----Innd fl9 Rec R2. 2415 �1132pn :._ I�.7fPAL• PAtXfWAY _! � _ _ � _ . AA Arm Cryo m ILL''.■•■77 i5 mt 2 'g f CENTRAL PARK COMMONS s a6� PILOT KNOB -ROAD k YANKEE DOODLE ROAD 1_7 3 ��vv F 8 EAGAN MINNESOTAi::r 45: a n ( FINAL PLANNED DEVELOPMENT -QRS Y&fi g: ? �� z, g3; LANDSCAPE AND MI'TIGA'TION PLAZA A exr., - �� wooas o ertnwlnnt vn r � 0 1 nn.a., nem ua eals - 142 n a � m �b1 E'y Ij 8E 5 . nooagn2uaDal 6 onaauon a ®among a2nanalag©� aaa1a111aaQ long an nun 122111 12a21 ga2g1 1gg x11111111 ©1n IN 1 111 11111 11111 11111 �1INian11n1nag°�°xan aga aluNo III aInIDIOM a0118810n88011naan2oo amu uunman ouoaaognmaa o as a®aa®oaada0000© o©v a€ioQan announuova©IN I I a � m �b1 E'y Ij 8E 5 . 6 VI �� r all r� y if Q s p Y �i€Ss'sS CENTRAL PARK COMMONS Iv! �' )£ E € t8f a +�• °a S PILOT KNOB ROAD dYANKEE DOODLE ROAD fill ° CSM m , EACANI MINNESOTA wxneananaw rrenlaxsxw a s e 1 €gee€ FINAL PLANNED Di ELOPMENT•9RS 9Sg * OD LANDSCAPE SCHEDULE EXHIBIT E (Final Signage Plan) Signage is subject to the terms of the Central Park Commons Master Signage Agreement dated October 6, 2015 which includes the Signage Location and Graphics and Uniform Signage Design standards dated September 28, 2015. EXHIBIT F wnan,^Yw:: xl201nf7tlP.l5b�n9•--"""'"o aaAsatiQUUkAs;%9anS�P�2it5. s�3orn. _ —_-- — _-- __ c_ IIIIIIII i I'Zi E r _ a CENTRAL PARK COMMONS 3 - ��qqqy �y gd 9e'jq," PtlAT KNOB ROAD B YANKEE DOODLE ROAD ast€P " r tv R:g �c v K 11 gg€5-=�' EAGAN. MINNESOTA 5 q r csm awYms'F°.aemasmx r�6 a s na FINAL PLANNED DEVELOPMENT -QRS I41Egrz • 1OR1pL. R ' a" �a OVERALL PHOTOMETRIC PLAN netrc•X<201 t111 rtkmfxlfYd Fb PAnem3fYiAt1 .Mdn Pae pl NIS-1NS Y C C f r f C r Z Y.f r f r r r f C Y r N f Y r�E.a. •Y...d':C':"L 'TT•'?-C"C.L"f-e"F'^K.C.. ..'F r ft!'.c r r r r r Y f r r C r C f fr r rrrrYrrrrrrr rccerrAa i g� gr••^^����aa�7AYl irria•.��sf�sn�.awsxa f..» �mmmx�rm:n�mgaxs na. Jill $1 1-1� 11T DUE CENTRAL PARK COMMONS FILpT KN- ROAD k YANKEE DOME ROAD I;AOANe MINNCSOTA TTg a z a�e1 FINAL PLANNED DEVELOPMENT - QRS 'PHOTOMETRIC PLAN g� gr••^^����aa�7AYl irria•.��sf�sn�.awsxa f..» �mmmx�rm:n�mgaxs na. CATALOG NO... TYPEN O• ..... _..- - --- -- --__ - -- --- - - -- _ _ _._JOB . NAME _ .._........_._.._...._... __...... ............_..._...._......_..._._.._............._ _._ Architectural LED Wall Sconce R' °'' 41i Catalog Number: Example: LP32T L� 32 SERIES COLOR Lp.. T- Titanium 1_ytePro32 slz W- White Architectural P- Bronze LED Wall 32- Hi -Lumen Sconce LEDs 4.G• I R=DAY" DISIGNUGHTS u& CONSORTIUM ® 2013 Koninklijke Phlilps Electronics NY, All rights reserved. Specifications are subject to change without notice. www.philips.com/lum inaires 05113 k Eel Horizontal Footcandles Delivered Lumens := 5,840 Mounting Height =18,00 Ft Maximum Calculated Value = 2.28 Fc RECEIVED i, a ig I� 1.' 101. R -Provides safely and security in residential and commercial applications in locations such as entrances, over garages, wall signs and locatdons along perimeters and pathways, Requires only 71 system watts for environmently-friendly operation. Thirty-two high -output LED's offer lumen maintenance: L70 54,000 hrs at 40° C ambient • Patented Phil€ps LED Optica! System individually controls the placement of!ight in the target area. • Type III distribution with shielded optics collects and redirects light to optimize performance, • 4000K neutral color temperature delivers ma>omum light with high efficiency, • Functions in environments with temperatures that range from -30"C to 400C • Housing constructed of heavy die cast aluminum, integral heat sink • Corrosion resistant Duraplex li polyester powder coated finish available in white, bronze and titanium • Glass lens is fully sexed to keep out water insects and dust. • Electronic Class 1 LED driver accepts 120-277v, 50160Hz input (constant currerft) • Integral cast aluminum heat sink ensures cool operation. • Complete with integral splice chamber, • Built-in bubble level for accuracy. • Universal mounting p!ate with hook and lock mounting. Optional field!nstal!ed P1 -B1 photocontrol for automatic all night lighting. • 5,840 delivered lumens • IES Type III • CW 73 • Efficacy. 82 LPW EFL tested suitable for wet location 5 year limited warranty's • Design Lights Consortium@ qualified T7�if3:7I31irlil The patented Lumark Crosstourr" LED Wall Pack Series of luminaries provides an architectural style with super bright, energy efficient LEDs. The low -profile, rugged die-cast aluminum construction, universal back box, stainless steel hardware along with a sealed and gasketed optical compartment make the Crosstour impervious to contaminants. The Crosstour wall luminsire is ideal for wall/surface, inverted mount for fagade/canopy illumination, post/bollard, site lighting, floodlight and low level pathway illumination including stairs. Typical applications include building entrances, mull[ -use facilities, apartment buildings, institutions, schools, stairways and loading docks test. Construction Slim, low -profile LED design with rugged one-piece, die-cast aluminum hinged removable door and back box. Matching housing styles incorporate both a small and large design. The small housing is available in 7W and 18W, The large housing is available in the 26W model. Patent pending secure lock hinge feature allows for safe and easy tool -less electrical connections with the supplied push -in connectors. Back box includes three (3) half-inoh, NPT threaded conduit entry points. The universal back box supports both the small and large forms and mounts to standard 3-1/2" to 4" round and octagonal, 4" square, single gang and masonry junction boxes. Keyhole gasket allows , for adaptation to junction box or wall. External fin design extracts heat from the fixture surface. One- piece silicone gasket seals door and back box. Minimum 5" wide pole for site lighting application. Not recommended for car wash applications. 7W & 18W "A" 1171 mm] 26W Optical Silicone sealed optical LED chamber Incorporates a custom engineered mirrored anodized reflector providing high -efficiency illumination. Optical assembly includes impact -resistant tempered glass and meets IESNA requirements for full cutoff compliance. Solid state LED Crosstour luminaries are thermally optimized with five (5) lumen packages in cool 5000K or neutral warm 3500K LED color temperature (CCT). Electrical LED driver is mounted to the die-cast housing for optimal heat sinking. LED thermal management system Incorporates both conduction and natural convection to transfer heat rapidly away from the LED source. 7W models operate in -401C to 40'C [-40'F to 104'Fj. 18W and 26W models operate in -40'C to 40'C [-40'F to 104°F]. High ambient 50°C models available. Crosstour luminaires maintain greaterthan 90% of initial -7W&18W 1--7W&18W• 5-314" [146mm] 3-516" [92mml 26W 26W 6,5/6" 1168mm] 4" [102mm] Pour &V&sisessftlddde light output after 72,000 hours of operation. Three (3) half-inch NPT threaded conduit entry points allow for thru-branch wiring. Back box Is an authorized electrical wiring compartment. Integral LED electronic driver incorporates surge protection. 120-277V 50/6OHz or 347V 6OHz models. Finish Crosstour is protected with a Super durable TGIC carbon bronze or summit white polyester powder coat paint. Super durable TGIC powder coat paint finishes withstand extreme climate conditions while providing optimal color and gloss retention of the Installed life. Warranty Five-year warranty. ------- -- 17-1/2" [445mm1 0 0 0 ° 17-112" 0 0 [446 ml 0 0 Ls 10" 1254mm1—J RECEIVED SEP 3 0 2015 'v nws.d e s i g ni I g ht e.o rg XTOR CROSSTOUR LED APPLICATIONS: WALL/SURFACE POST/BOLLARD LOW LEVEL FLOODLIGHT INVERTED SiTE LIGHTING DLC CERTIFICATION DATA UL/cUL Wet Location Listed LM79 / LM80 Compliant ROHS Compliant ADA Compliant NOM Compliant Models IP66 Ingressed Protection Rated Title 24 Compliant DesignLights Consortium® Qualified► TECHNICAL DATA 40"C Maximum Ambient Temperature External Supply Wiring 901C Minimum EPA Effective Projected Area (Sq. Ft.): XTORiA/XT0R2Aft0.34 XTORSA=0A6 SHIPPING DATA: Approximate Net Weight: 3.7 - 8.25 lbs. 11.7 - 2.4 kgs.[ T0514013EN 2015.65-2811:34;51 The Galleon"' LED1uminafre delivers exceptional performance in a highly scalable, low -profile design. Patented, high -efficiency AccuLED Optics'"" system provides uniform and energy conscious illumination to walkways, parking lots, roadways, building areas and security lighting applications. IP66 rated. SPECIFICATION FEATURES Construction Extruded aluminum driver enclosure thermally isolated from Light Squares for optimal thermal performance. Heavy -wail, d)e- cast aluminum and caps enclose housing and die-cast aluminum heat sinks. A unique, patent pending interlocking housing and heat sink provides scalabifity with superior structural rigidity. 3G vibration tested. Optional tool - less hardware available for ease of entry into electrical chamber. Housing is IP66 rated. Optics Choice of 16 patented, high - efficiency AccuLED Optics. The optics are precisely designed to shape the distribution maximizing efficiency and application spacing. AccuLED Optics create consistent distributions with the scalability to meet customized application requirements. Offered standard in 4000K W- 275K) CCT and minimum 70 CRI. Optional 6000K CCT and 3000K CCT. For the ultimate level of spill light control, an optional house side shield accessory can be field or factory installed, The house side shield is designed to seamlessly integrate with the SL2, SLS, SL4 or AFL optics. Electrical LED drivers are mounted to removable tray assembly for ease of maintenance. 120-277V 50/60Hz, 347V 60Hz or 480V 60Hz operation. 480V is compatible for use with 480V Wye systems only. Standard with 0-10V dimming. Shipped standard with Eaton proprietary circuit module designed to withstand 10kV of transient line surge. The Galleon LED luminaire is suitable for operation in -40'C to 40°C ambient environments. For applications with ambient temperatures exceeding 40°C, specify the HA (High Ambient) option. Light Squares are IP66 rated. Greater than 90% lumen maintenance expected at 60,000 hours. Available in standard 1A drive current and optional 530mA and 700mA drive currents. Mounting Extruded aluminum arm includes internal bolt guides allowing for easy positioning of fixture during POLE MOUNT 3-15116" (1 t00mm] WALL MOUNT assembly. Designed for pole or wall mounting. When mounting two or more luminaires at 90° or 120° apart, the EA extended arm may be required. Refer to the arm mounting requirement table on page S. Round pole top adapter Included. For wail mounting, specify wall mount bracket option. 3G vibration rated. Finish Housing finished In super durable TGIC polyester powder coat paint, 2.5 mil nominal thickness for superior protection against fade and wear. Heat sink is powder coated black. Standard colors include black, bronze, grey, white, dark platinum and graphite metallic. RAL and custom color matches available. Consuitthe McGraw -Edison Architectural Colors brochure for the complete selection. Warranty Five-year warranty. 21.3/4" i553mm] DIMENSION DATA Number of Light Squares "A" Width 'B" Standard Arm Length 'B" Optional Arm Length Weight with Arm (lbs.) EPA with Arm= (Sq. FL) 1-4 15-1/2' (394mm) 7' (178mm) 10' (254mm) 33 (15,0 kgs.) 0.90 5 8 21-5(8' (649mm) 7' (176mm) 10' (264mm) 44 (20.0 kgs.) 1.00 7-8 27-5/8' (702mm) 7" (176mm) 13' (330mm) 54 (24.5 kgs,) 1.07 FIT 10 33.3/4' (657mm) 7' (178mm) ` 16' (406mm) 63 (26,0 kga.) 1.12 NOTES: 1 Extended arm option may he roquired when mounting two or more fixtures per pole at g0' or 1201. Refer to arm mounting requirement tablo.2 EPA calcutsted with opilonat arm length. + Q 0101` �] j, powedngBxkwssWorldwide 4www.designiights.org r 1.10 Light Squares Solid State LED AREAISITE LUMINAIRE DL, CERTIFICATION DATA UUcUL Wet Location Listed 130 8001 LM79 / LM80 Compliant 3G Vibration Rated IP86 Rated DesignUghte Consortium® Rualified- ENERGY DATA Electronic LED Driver >0.9 Power Factor <20% Total Harmonic Distortion 120V -277V 50/801-1z 347V & 480V eol4z -40'C Min. Temperature 40°C Max. Temperature 50'C Max. Temperature (HA Option) 9Tt r, Wi /% TD500020EN .41=111F 2015-08-0413:56:33 OPTIC ORIENTATiON House Side street side Huusa Side Sheaf Side tiLLOD! GALLEON LEO DRILLING PATTERN TYPE "N" [19mm] Diameter 2" Hole 151 mm] 718" 122mm] 1-314" [44mrn] (2) 0115" 04mm] f )ole ter Holes Standard Optics Rotated Left @ 901 11-90] Optica Rotated Right @ SO" [R90] 110 OPTICAL DISTRIBUTIONS j AsymmetrieArea Distributions T2 SL2. T3 SL3 T4FT T4W SL4 (type III (Type 11 with Spill Control) (Type Ill) (Type III with Spill Control) (Type IV Forward Throw) (Type iV Wido) (Type IV with Spill Control) i I Asymmetric Roadway DEeiributions Symmortric Distributions RW T2R T3R 5NQ 5NI0. 5WQ (Rectangular Wide Type 1) (Type it Roadway) (Type III Roadway) (TypeV Square Narrow) (Type V Square Medium) (TypeV Square Wide) -EJ Spocialized Distributions AFL SILL SLR (Automotive Frontline) (.90' Spill Light Eliminator Left) 1901 Spill Light Ellminator Right) ARM M )UNTING REODUIREMENTS Conggura#an 90° Apart 120 Apart GLEON-AE-01 7` Arm (Standard) 7' Arm (Standard) GLEON-AE-02 7" Arm 7" Arm (Standard) (Standard) GLEOV AE -03 7. M (Standard) 7'Arm (Standard) GLEON-AE-04 7' Ann 7" Ann (Standard) (Standard) GLEON-AE-05 10" Extended Arm 7' Arm (Required) (Standard) GLEON-AE-06 10' Extended Arm 7" Arm (Required) (Standard) GLEON-AE-07 13" Extended Ann 13' Extended Arm (Required) (Required) GLEON-AE-08 13" Extended Arm 13' Extended Arm (Required) (Required) GLEON-AE-09 ie" Extended Arm 18" Extended Arm (Required) (Required) GLEON-AE-10 16' Extended Arm 16" Extended Arm (Required) (Required) Triple Triples ia�1�c NMS: t Round poles are3 @ 1201. Square pofea are 3 ®90'.2 Round poles are348 W. 2@120' Eaton 1121 Highway 74 South SEP Q 2415 Peachtree Cft GA 30269 Specifications and ' RECEIVES P: 770-48"800 dimensions subject to TD500020EN Apureag8uslnesstNartdutide wwuaeaionxorniighdn9 change W.thout notice. 2015.06.0413:56:33 q v1 � 8�a3 z xxx-I o atnn - o00 •moi bora; ;q X mmmf -�1 I O ., µ tms m • - ' � _ < �jv r�r � , W a 00S rn o� a } y m •s iI_ x p o cc tn F; � M � Xm,'z ���� �@o � �'� CD ��� to z �•Ki ��t-�. ' � - � � YS, a M = W q - o o m z p o IN M 2 AN M RECEIVEu ij DRAWN: M. HARVALA 7_/20/2015 =41! GEWRAPNICAL AREAS HAVE SPECXVIND OONDITiONSTHAT CAN CREATE WAD ` o° IMDUCED VIBRATIONS CAUSING A FATIGUE PROBLEM. ND METHOD HAS YET BEEN FOUND FOR. PREDICTING DESTAUQ1W LXHTING POLE VIBRATION. THESE CONDITIONS ARE UNIQUE AND CHECKED X171 GrOBSbOC1Ci• CANNOT BE GUARANTEED AGAINST, AND ARE THE RESPONSB3II.ITV OFA LOCAL SITE ENGINEER, REVISION: APPROVED: Central Park Commons , q o $ WOTren,W 089 p: p6, 71461os I F. pq 711.3106 QUOTE: www.genPdahuckTdnc,com rATALOG: Type KK pole �. REF; SCALE: NONE DYJG tvO: CPS-1-6t1fl%-35 -BK-D1 SIZE: C SHEET i OF 1 The Galleon"' LED luminaire delivers exceptional performance in a highly scalable, low -profile design. Patented, high -efficiency AccuLED Optics'"' system provides uniform and energy conscious illumination to walkways, parking lots, roadways, building areas and security lighting applications. IP66 rated. SPECIFICATION FEATURES Construction Extruded aluminum driver enclosure thermally isolated from Light Squares for optimal thermal performance. Heavy -wall, die- cast aluminum end caps enclose housing and die-cast aluminum heat sinks. A unique, patent pending €nterlocking housing and heat sink provides scalability with superior structural rigidity. 3G vibration tested. Optional tool - less hardware available for ease of entry into electrical chamber. Housing is IP66 rated. Optics Choice of 16 patented, high - efficiency AccuLED Optics. The optics are precisely designed to shape the distribution maximizing efficiency and application spacing. AccuLED Optics create consistent distributions with the scalability to meet customized application requirements. Offered standard in 4000K (+/- 276K) CCT and minimum 70 CRI. Optional 6000K GCT and 3000K CCT. For the ultlmste level of spill light control, an optional house side shield accessory can be field or factory installed. The it tIl-+Dr1W11K*r house side shield is designed to seamlessly integrate with the SL2, SL3, SL4 or AFL optics. Electrical LED drivers are mounted to removable tray assembly for ease of maintenance. 120-277V 50/60Hz, 347V 60Hz or 480V 6014z operation. 480V is compatible for use with 480V Wye systems only. Standard with 0-1 OV dimming. Shipped standard with Eaton proprietary circuit module designed to withstand 10kV of transient line surge. The Galleon LED luminaire Is suitable for operation in -40*C to 40°C ambient environments. For applications with ambient temperatures exceeding 40°C, specify the HA (High Ambient) option. Light Squares are IP66 rated. Greater than 90% lumen maintenance expected at 60,000 hours. Available in standard 1A drive current and optional 530mA and 700mA drive currents. Mounting Extruded aluminum arm includes Internal bolt guides allowing for easy positioning of fixture during McGraw-Efflson assembly. Designed for pole or well mounting. When mounting two or more luminaires at 901 or 120° apart, the EA extended arm may be required. Refer to.the arm mounting requirement table on page 3. Round pole top adapter included. For wall mounting, specify wall mount bracket option. 3G vibration rated. Finish Housing finished in super durable TGiC polyester powder coat paint, 2.5 mil nominal thickness for superior protection against fade and wear. Heat sink is powder coated black. Standard colors include black, bronze, grey, white, dark platinum and graphite metallic. RAL and custom color matches available. Consult the McGraw-Ed€son Architectural Colorsbrochure for the complete selection. Warranty Five-year warranty. POLE MOUNT AIRLE 1A X18" [10j f --- "A" II Ire ! 21 3l4" 1553mm1 "®« WALL MOUNT I 21-3/4" [563mm) — . .17" DIMENSION DATA Number of"B" Light squares °A" Width Standard Length "B" Optional Arm Length' Weight with Arm (lbs;) I=PA with Arm' (Sq, Ft j 1-4 16.1/2' (394mm) 7' (178mm) 10' (254mm) 33 (15.0 kgs.) 0196 5.6 21-5/8' (549mm) 7' (178mm) 10' (264mm) 44(20.0 kgs.) 1.00 7.8 27-5/8' (702mm) 7' (178mm) i3' (330mm) 54 (24.6 kgs.) 1.07 9-10 33-3/4" (857mm) 7- (176mm) 1 16' (406mm) I W (28.6 kgs.) 1. 2 NOTES: 9 Exteodod ams option may be required when mounting two or more fixtures per pale at 90' or l20". Reterta arm mounting requirement table.2 EPA calculated Wkh optional arm loner.~,. .. - '.: Powsdng livmW Mrid vft Y * www.d es i g n I ights.o rg GLEON GALLEON LED 1-10 Light Squares Solid State LED AREA/SITE LUMINAIRE CERTIFICATION DATA UVcUL Wet Location Listed 1809001 LM79 / LM80 Compliant 3G Vibration Rated 1P68 Rated DesignLights Consortium® Qualified* ENERGY DATA Electronic LE13 Driver y0.9 Power Factor <20% Total Harmonic Distortion 120V -277V 50/8014z 347V & 480V 60Hz -40*C Min. Temperature 40"C Max. Temperature 501C Max. Temperature WA Option) 4 SSFb ®f'`1 I, TD500020EN 2015.06-0413:56:33 OPTPC ORIENTATION ( Street Side House Side Standard i I Street Side House Sade Optics Rotated Lek @ 90" (1.801 House Side Optics Rotated Right @ 90° JR901 GLEON GALLEON LED DRILLING PATTERN TYPE "N" 3/4" 119mm1 2" Diameter Hole {51mm] r _ 7/8" 122mm] 9/1 S" 114mmi Diameter Holes AsymmetricArea Distributions -- — —, - T2 SL2 TS SU T4FC T4W SL4 (Type 11) (Type C with Spill Control) (Type 111) (Type III with Spill Control) (Type IV ForwardThrow) (Type IV Wide) (Type iV with Spill Control) I 1 ,Asymmetric Roadway Distributions —Symmerldc Distributions RW T2R T3111 SNt2 5MO SWQ (RectengularWideType I) (Type II Roadway) (Type III Roadway) (Type V Square Narrow) (TypoV Square Medium) (TypeV Square Wide) i — E -j E Spochdizod Distributions AFL S[1 SLR (Automotive Frontline) (901 Spill Light Eliminator Left) (90° Spill Light Eliminator Right) L WIMMUIUM f Configuration SWAP art 120 -Apart GLEON-AE-01 7' Ann 7" Atm (Standard (Standard) GLEON-AE-02 7' Arm (standard 7' Arm (Standard) GLEON-AE-o3 7' Arm 7' Arm (Standard) (Standard) GLEON-AS-04 7" Arta (Standard) 7' Arm (Standard) GLMN-AE-05 10' Fadended Ann 7" Arm (Required) (Standard) GI -EON -AE -00 10' Extended Arm 7' Arm (Requked) (Standard) GLEON-Ai~-07 13' Extended Arm 18' Extended Arm (Required) (Required) GLEON-AE-00 13" Extended Ann 13" Extended Arm (Required) (Required) GLEON-AE-09 10'ExtendedArm IS' ExtendedArm (Required) (Required) GLEON-AE-10 1 S' Extended Arm 18' Extended Ann (Required) (Required) 20180" 2 @ 90^ Triple' 4@SO' Triple' 2 @ 120' Eaton rP' 1121 High way 74 South RECEIVED SEP 3 :.0 2015 Peachtree City, OA 30269 SpadOoedans and P.770AS64800 dimensions subJeotto T0500020EN AOweftBulffiewworm" wNw,eaton.corn/II9ht!n9 change without notice, 2015-00-0413:50:33 \JJ.d �1 aM rd 9� C) Q X 9 f w b g m I _# C) X F s C7 t• l� X�o'� S w , m IM�•, �$ *� O rn 3 i � LJ � SIO "^ {r Off• oo�oI-,91' .�Ja�o(R 54z � A IanV era n $Fr' M R 3g o V 4 t 9 p 7[1 O o G Q r Q in o NGII Lin M y I SEP } RECEIVED SEP3Vn 2015 2 ~ DRAWNAHARVALA 1212012015 SOME GEOGRAPHICALARFASHAVESPECIALWIND CONDIRONSTHAiCAN CREATE MND INDUCED VMRATLONS CAUSING A FATIGJE PROBLEM. NO METHOD HAS YET BEEN FOUND FOR CHECKED 23171 Gmesheck Hwy. PREDICTING DESTRUCTIVE LIGHTING POLE VIBRATION, THESE CONDITIONS ARE UNIQUEAND CANNDT BE GUARANTEED AGABST, AND ARE THE RESPONSIBILITY OF A LOGL.SM ENGINEER. REVISION; DA7c; APPROVED: TME: Central Park Commons 7 o $j`p;}j$$}7746105�F:{5Bb}T74570d Wcnren.M148t494 wvm.generdslruchlresincc0m QUOTE* CATALOG: Type LL ole 5.0.# °REF: Int % SCALE: NONE DWG NO: CPS -1-6007-35 -BK-D I MM: C SHEET z of 1 IJITWfZl The GAR/GAT/GLC Generation Series LED is a marriage of traditional shapes and contemporary styling. Its superior photometrics offer excellent illumination and uniformity for many of today's applications. its styling blends well in many settings — historic districts, downtown streetscapes, roadways, residential neighborhoods, as well as city parks and educational campuses. The Generation Series LED sets a new standard for decorative post top luminaires. SPECIFICATION FEATURES Construction HOUSING: Heavy-duty cast aluminum housing and removable door. A single quarter turn fastener on the removable door provides tool -less access to wiring compartment. CAGE ASSEMBLIES: Cage assembly uprights and medallions are manufactured of heavy-duty cast aluminum and mounted to the exterior of the base housing via four stainless steel fasteners. Cage rings constructed of extruded aluminum and finished to match housing. TOPS AND FINIALS: Choose from multiple spun aluminum or acrylic tops and cast aluminum finials for customized fixture style. All solid tops are made of heavy-duty spun aluminum. TWISTLOCK GLOBE: The optional twistlock assembly offers ease of maintenance through instant access to both the LED and wiring compartment by twisting the top refractor assembly and lifting It from the mating lock plate. DIMENSIONS Optical REFRACTIVE GLOBE: High off ic€ency refractive optical systems are precisely designed utilizing a combination of refractive and reflective prisms. Available in Type III or Type V distributions. Lighting grade acrylic ensures long lasting optical clarity and resistance to discoloration. Electrical 120-277V 50/60Hz operation. 10kV /10kA common- and differential mode surge protection standard. Thermal management transfers heat rapidly away from the LED source for optimal efficiency and light output. Ambient operating temperature from -40°C to 40°C. Standard three -position tunnel type compression terminal block. OAT (Architectural Base) - i7 � Thr _ _ i Mounting Base casting slipfits over a standard 3" O.D. tenon and secured via four stainless steel alien head fasteners. 3G vibration tested. Finish Cast and spun components finished in a five -stage premium TGIC polyester powder coat paint, 2.5 mil nominal thickness for superior protection against fade and wear. Consult the McGraw - Edison Architectural Color brochure for a complete selection of standard colors including black, bronze, grey, white, dark platinum, graphite metallic and hartford green. RAL and custom color matches available. Warranty Five-year warranty. This look w/o the decorative cage. GLC (Classical Basel GARIGATIGLC GENERATION SERIES LED LED DECORATIVE POST TOP LUMINAIRE EPA Effective Projected Area: (Sq. Pt.l 2.1 SHIPPING DATA Approximate Net Weight: 60 lbs, (23 kgs.) CooperLE Lighting l RECEIVED SEP 3 U 2015 9 [ ADH141707 by N.T*N 201407-1413:24:38 CONFIGURATIONS EEE CAGE TYPE TOP TYPE FINIAL TYPE Acorn 'Nostalgic Arohitggqecturai Classical (GlowTop) (SpunTop / Top Access) 1111 gilla�iE r==-' Modern (SpunTop) J Modern Architectural I Modern (SpunToplTopAccsss) Victorian (GlowTop) Victorian 9P Ardtitedurat Classical 4 (SpunTop) Nostalgic Nd Gage. [�171I�7 �ClPis7(i?1�7�t�i_ln�CtlTi11 Sample Number: GAR-080-LED-E1-3-CXA-13K GARIGATIGLC: GENERATION SERIES LIED LUMEN MAINTENANCE correlated Ambient TM -21 Lumen Theoretical L,70 Temperature Maintenance (Hours) ge Top Total Luminaire Distribution Tempelorature Typo Type Lumans Wattage >89% (GCT) State Light (120.277V) (Full Brightness) (Nominal) Type IIi 4000K None Glow 11,060 09W Type irl 4000K None Solid 8,467 99W Type IIi 4000K Any Glow 7776 99W Type III 4000K Any Solid 5,778 99W TypeV 4000K Kone Glow 10,571 99W TypeV 4000K None Solid 9,365 99W TypeV 4000K Any Glow 7,537 99W TypeV 4000K Any Solid 8,087 9gW LUMEN MAINTENANCE Product Family LED Series Ambient TM -21 Lumen Theoretical L,70 Temperature Maintenance (Hours) Color r (3$000 Hours) o8o•LED 080 Series 16°C >93Y 240,000 25°C >92% 210,000 40°C >89% 117,000 Product Family LED Series Lamp Type Voltage Refractor Type Top Type Cage Typo Finial Type r Color r GAR— corn Base o8o•LED 080 Series LE olid E1 1actrontc =Type Ili :Aacorn A=Architectural rchitectural AP=Grey GAT=Architectural Base State Light (120.277V) 5 ype V C=Classical C --Classical M adern Bronze GLC=Classical Base Emitting M=Modern M=Modern = ostalglc Black 11DIDark Diodes V=Victorian X�lone V=Victorian Platinum N=Nostalgic X=None GN=Hartford Green (Top Access) GM=Graphite Metallic R=Architectural WH=White. (Top Access) Options (Add as Suffix) Accessories (Order Separately) A Twlstlock Refractor MA1252=1 OWSurgo Module Replacement B=Decorative Brass Bending'' GLR•000-E7=080 Series LED Series LED Replacement Module with 120-277V Universal Driver G=Gold Cage and Finial GLFI-060-E1.2L=080 Series LED Series LED Replacement Module with 120-277V Universal Driver and BI•Levat Switching Capable D=Downlight Reflector GLR-080-E1-SH=oBo Series LED Series LED Replacement Module with 120-277V Universal Driver and Street Side / House Side Switching P=Polycarbonate Refractor Capable R=NEMA Photocontroj Receptacle HA=50°C High Ambient Temperature Rating 2L=Two Circuits SH=Streat Side / House Side Switching NOTE6: 1. Other rdsh colors available, Including a full Me of AAL ocbr matches. Consult your Eaton's Cooper LigVhg business represontatNo for more information. 2. When brass bantling is chosen, finial finished in gold. B, Not available with cage. Eaton 1000 Eaton Boulevard Cleveland, OH 44122 United States Eatonxcm I RECEIVED SEP 3 0 2OZ Eaton's Cooper Lighting Business 1121 Highway 74 South Peachtree City, GA 30269 P: 770-466-0800 www.mopelflghting.com Specifications and dimensions subject to change without robe. ADH141707 2014-o7-1413:24:38 0 0 RF '4 .r'.I M 0 0 0LM 1 En M 30 C NJ X C� iul O C M x v v r Q � 3 0 C z 0 z wz Cn oa�3 XXXC rnvl_A� 000 z N I.ryry.N C A DRAWN: M. HARVALA ®.J410/tDaa INDUCE) VIBRATIONS CAUSING A FATIME PROBLEM. NO-ME7HDD HAS YET BEEN FOUND FOR o CHECKED PREDICRNG DEM=CrWEUGHTING MILE W3RAT.ON.THESECONDITIOM ARE.LMBQVE AND i -REVISION: (DATE: 2317) GrOobeck HWy. CANNOT BE GLIARWEED AGAMSIe AND ME THE RBY0N5MnX[Y.OF A LOCAL STTE ENGINEER. b WO:ron, W 4808W TITLE: $ a APPROVED: SMCTU F� 15U)77," OSI F:M6)n4sro6 Central Park Commons n QUOTE:xWWW-Q0WVhhVCMe591C. w" CATALOG: l a MM pole r' REFSCALE: NONE _ A DWG NO: CPS-4-4011-16-BK-T3E CSHEET 1 OF 1 A Ct v The GAR/GAT/GLC Generation Series LED is a marriage of traditional shapes and contemporary styling. Its superior photometrics offer excellent illumination and uniformity for many of today's applications. Its styling blends well in many settings — historic districts, downtown streetscapes, roadways, residential neighborhoods, as well as city parks and educations; campuses, The Generation Series LED sets a new standard for decorative post top luminaires. SPECIFICATION FEATURES Construction HOUSING: Heavy-duty cast aluminum housing and removable door. A single quarterturn fastener on the removable door provides tool -less access to wiring compartment. CAGE ASSEMBLIES: Cage assembly uprights and medallions are manufactured of heavy-duty cast aluminum and mounted to the exterior of the base housing via four stainless steel fasteners. Cage rings constructed of extruded aluminum and finished to match housing. TOPS AND FINIALS: Choose from multiple spun aluminum or acrylic tops and cast aluminum finials for customized fixture style. All solid tops are made of heavy-duty spun aluminum. TWISTLOCK GLOBE: The optional twistlock assembly offers ease of maintenance through instant access to both the LED and wiring compartment by twisting the top refractor assembly and lifting it from the mating lock plate. DIMENSIONS Optical REFRACTIVE GLOBE: High efficiency refractive optical systems are precisely designed utilizing a combination of refractive and reflective prisms. Available in Type III or Type V distributions. Lighting grade acrylic ensures long lasting optical clarity and resistance to discoloration. Electrical 120-277V 50/60142 operation.) OkV /10kA common- and differential mode surge protection standard. Thermal management transfers heat rapidly away from the LED source for optimal efficiency and light output. Ambient operating temperature from -40°C to 40°C. Standard three -position tunnel type compression terminal block. GAT (Architectural Base) f mkrtios Mounting Base casting sllpfits over a standard 3" O.D. tenon and secured via four stainless steel allen head fasteners. 3G vibration tested. Finish Cast and spun components finished in a five -stage premium TGIC polyester powder coat paint, 2.5 mll nominal thickness for superior protection against fade and wear. Consult the McGraw - Edison Architectural Color brochure for a complete selection of standard colors Including black, bronze, grey, white, dark platinum, graphite metallic and hartford green. RAL and custom color matches available. Warranty Five-year warranty. This Hook w/o the decorative cage. GLC (Classical Base) GAR/ AJ L GENERATION SERIES LED LED EMBEEMEMEMN DECORATIVE POST TOP LUMINAIRE EPA EffeaUve Projected Area: (Sq. Ft.) 2.1 SHIPPING DATA Approximate Net Weight - 60 lbs, eight60lbs, (23 kgs.) �t���Li�hfiii� RECEIVED SEP 3 02015. ihYt, --- ADH141707 by IF.T•nt 2014-07-1413:24:38 CONFIGURATIONS CAGE TYPE TDP TYPE FINIAL TYPE bmsmw 029k Acorn Nostalgic Architectural Clesstcal (GlowTop) (Spun Top/ �Top Access) AI91 dlq i I Modern (SpunTop) Modern Modern (spun Top/ Top Access) Jl'�JII`5Jl a Victorian (Glo Victorian i, Arctiteoturel Classical i (SpunTop) Nostalgic Na cage. Sample Number. GAR-080-LED-Ei-3-CXA-BK GAR/GATIGLC GENERATION SERIES LED LUMEN TABLE LUMEN MAINTENANCE TM -21 Lumen Correlated Gotor Cage Top Total Luminaire bistdhution Temperature Typo Typo Lumans Wattage 210,000 (CCT) >89% 117,000 (Poli Brightness) (Nominal) Type PI 4000K None Glow 11,060 SSW Type 10 4000K None Solid 6,467 99W Type III 4000K Any Glow 7776 99W Type IiI 4000K Any Solid 6,778 99W TypeV 4000K None Glow 10,571 99W TypeV 4000K None Solid 9,366 99W TypeV 4000K Any Glow 7,637 99W TypeV 400oK GM=Graphite Metallic --;;lid 6,087 99W LUMEN MAINTENANCE TM -21 Lumen Ambient MainteTheoretical L70 Temperature 36,000 ours !36,000 Hours) (Hours) 16°C >93% 240,000 25°C >92% 210,000 40°C >89% 117,000 Product Family LED Series Lamp Type Voltage Refractor Type Tap Type Cage Type Finial Type Calor � GAR= corn Baso gR0 LED 80 Series LE Solid E1 lectranic =Type 111 A corn A=Architectural — mhitectural AP=Grey GATrArchitsotural Base State Light 120-277V) 5 Type V C=Classical C=Clssslcal I M4modern 'roma GLC=Classical Base Emitting M=Modern M=Modern ostalgic Black 1—Dark Diodes V=Victadan 4one V=Victorian Platinum N=Nostalgic X=None GN=Hertford Green (Top Access) GM=Graphite Metallic P --Architectural WH=White (Top Access) Options (Add as Suffix) Accessories (Order Separately) A=Twtstlock Refractor MA1252=10kV Surge Module Replacement B=Decorative Brass Banding ° GLR-080-E1=080 Series LED Series LED Replacement Module with 120-277V Universal Driver G=Gold Cage and Finial GLR-1180-0-21L=080 Series LED Series LED Replacement Module with 120-277V Universal Driver and BI -Level Switching Capable D=Downlight Reflector GLR-080-81•SH--080 Series LED Series LED Replacement Module with 120.277V Universal Driver and Street Side / House Side Switching p --Polycarbonate Refractor Capable R=NEMA Photocontrol Receptacle HA=50"C High Ambient Temperature Rating 21=Twa Circuits SH=Street Side/ House Side Switching NOTES: 1. Mar finish colors Wlable, ttoludhU a Lull lea of RAL cola matches. Consult yntr Eatonl; Cooper Ughgng bushass raptez:entaUre for more information. 2. Wnen brass bandng is d1men, finial finished In gold, S. Notavatable Min oage. _ c RECEIVED SEA 3 0lo EatonEoton's Cooper Ugldtng Buelneas ■ ■ �y 1000 Eaton Boulevard 1121 Highway 74 South Cooper Lighting Cleveland, OH 44122 Peachtree Clty, GA 30269 Specifications and United States p; 770ASS4800 dimensions sub}eot to ADH141707 by F:T®h Eaton,com wwwcoopedighting•com change Athout notice. 2014-07-1413:24:88 q1 DMWN:M. KARVALA 141tilzu1b ARL bUMbWUW Ji1L'ALARMHAVtSPtLMWINDC MMONSTHATCANCREATEVRND IMUCED:VIBRATIDNS CAUSING A FATIGUE PROB:EH, NO METHOD HAS YE7 BEENFOUNDFOR CHECKED PREDICTING DE5TRUCPNE LIGHTING POLE VIBRATION; THESE CONDMONS ARE UNIQUE AND REVISION: DATE: ;&V&UL 23171 Groesbeck R ql. CANNOT BB GUARANTEED AGAINST, AND ARE THE RESPONSIBILITY OF A LOCAL SITE ENGINEER. 2 , o APPROVED:—�` Wcrren,ML48089 TITLE: E R j5mi T/Md1A5 ( F; 15N) 774-5706 Central Park Commons QUOTE:f_ vhYW.gBoerplShUCANeso1C.CCit1 CATALOG: a s,o.a I T e MM2 ole - Twin REF: SCALE: NONE OWG NO: CPS-4-4011-16-13K-T.5lZEI C SHEeT 1 of x 03 Description The BROS Series brackets feature a strong yet lightweight design for ease of installation. The series can accommodate a wide variety of fixtures. The two light bracket can be used on poles with a 31 OD shaft. Installation The crossarm will slip fiat a 3" OD post top tenon and attach with two rows of 5/16" dia. set screws. Set screws will be cone pointed and stainless steel. - Crossarm and wall bracket are equipped with 3" O.D. tenons for luminaire mounting. The wall bracket is constructed of corrosion resistant cast aluminum (A319 Alloy). It has a nominal 3° OD tenon for luminaire mounting, and four holes in the back plate for mounting to the wall. (Wall mounting hardware is not included, due to the wide variety of backing materials. Customer should determine the appropriate anchoring hardware based on the wall material.) Finish The bracket will be finished with a premium quality thermoset polyester powdercoat for a durable finish. Standard solid colors are: GRH - Green CLB - Classic Bronze BILK -.Satin Black 1Ordering Guide Premium finishes are: GTO - Granite Green ATC - Antique Copper WHT- White Part Number_ 2BR05 - BLK F—Finish ; RECEIVED SEP 3 0 2015 11 4BRO5 Slip fits 3" OD tenon 1/2" =w� 3. WBRO5 al EXHIBIT O $ q A 0 mk oO MR §o 7m§ npo_ \ 7 00 �§ ��� 7 § 2 \§ \/ k� In %® � i 2 -0> E$ \k .\ � . §/ ~ \ \ /\ �\ } % AG m{ � / §\ 7§ \_ 7Km � n / \n m/\ 2 \ \ �Q \ k� ) M CZ \ �m n m � m \ / % / A m H! zi m w 0 m n m m m cn M I m N M z m m M O Z z m w 9 >10 - M! cn N"AR 0 I O 20 m I -,LL m AM ...... -------- ice- C AJI" N"AR 0 I O 20 m I -,LL m ...... -------- M I I cz R CD -.q - M-1 mo .04 m Rm -a -F 0 n AC'3 M. F� m p— m;fp- ca umm of m ii iFA F. I I m m c" "00 M Cl) m 0 Agenda Information Memo March 2, 2016 Eagan City Council Meeting CONSENT AGENDA J. Contract 15-06, Wells No. 6, 13 & 16 Rehabilitation Water Improvements Action To Be Considered: Approve the final payment for Contract 15-06 (Wells Nos. 6, 13, and 16 Rehabilitation — Water Improvements) in the amount of $40,135.00 to Bergerson-Caswell, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 15-06 refurbished or rehabilitated Wells Nos. 6, 13, and 16. Refurbishing included equipment removal, equipment disassembly and inspection, replacement of worn or broken parts, equipment reassembly, coating protection, televising the actual well (determine physical condition), cleaning the casing, installation, and final inspection/tests. ➢ These improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo March 2, 2016 Eagan City Council Meeting CONSENT AGENDA K. Contract 15-08, 1&1 Manhole Seals Sanitary System Improvements Action To Be Considered: Approve the final payment for Contract 15-08 (1&1 Manhole Seals — Sanitary Sewer Improvements) in the amount of $20,608.03 to Ess Brothers & Sons, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 15-08 provided the installation of internal manhole seals to eliminate the inflow of run off from roadways and right of ways (45 total seals) into the sanitary sewer system. ➢ The total contract cost for the inflow and infiltration mitigation improvements was $25.378.53. ➢ These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo March 2, 2016 Eagan City Council Meeting CONSENT AGENDA L. Contract 16-08, Wells Nos. 12 & 14 Rehabilitation Water Improvements Action To Be Considered: Receive the bids for Contract 16-08 (Wells Nos. 12 and 14 Rehabilitation — Water Improvements) and award a contract to Keys Well Drilling Company for the base bid in the amount of $76,855.00, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 16-08 provides for the proposed rehabilitation of City Wells #12 and #14 as programmed for 2016 in the City of Eagan's 5 -Year Capital Improvement Program (Part III CIP 2016-2020). ➢ The City's Public Works Department (Utilities Division) operates 21 deep water wells as the source of Eagan's municipal drinking water supply. ➢ Wells are typically refurbished or rehabilitated every seven years, or approximately after 45,000 running hours. Refurbishing includes equipment removal, equipment disassembly and inspection, replacement of worn or broken parts, equipment reassembly, coating protection, televising the actual well (determine physical condition), cleaning the casing, installation, and final inspection/testing. On average, the City of Eagan contracts to rehabilitate three wells per year. ➢ On February 16, 2016, the Council approved the plans and specifications for Contract 16- 08 and authorized the advertisement for solicitation of competitive bids. ➢ On February 25, 2016, two bid proposals were received (see attached summary). The low bid, a combined base bid of $76,855.00, was 3.9% below the Engineer's estimate of $80,000. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid of $76,855.00 from Keys Well Drilling Company has been reviewed by Public Works staff and found to be in order for favorable Council action. Attachments (1) CL -1 Bid Summary BID SUMMARY 2016 MUNICIPAL WELL REHABILITATION CITY PROJECT NO. 1215 CITY CONTRACT NO. 16-08 Bid Date/ Time: 11:00 a.m., Thursday February 25, 2016 Well 12 Estimate: $40,000 Well 14 Estimate: $40,000 Total Over/Under Contractors Base Bid Estimate Keys Well Drilling $39,420 -1% Berg erson-Caswell $40,905 2% E. H. Renner $45,000 13% Traut Wells $68,315 71% Well 14 Estimate: $40,000 Total Over/Under Contractors Base Bid Estimate Keys Well Drilling $37,435 -6% Bergerson-Caswell $39,810 0% E. H. Renner $45,330 13% Traut Wells $65,800 65% Agenda Information Memo March 2, 2016 Eagan City Council Meeting CONSENT AGENDA M. Contract 16-11, Well No. 11 Rehabilitation Water Improvements Action To Be Considered: Receive the bids for Contract 16-11 (Well No. 11 Rehabilitation — Water Improvements) and award a contract to Bergerson-Caswell, Inc. for the base bid in the amount of $47,315.00, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 16-11 provides for the proposed rehabilitation of City Well #11 as programmed for 2016 in the City of Eagan's 5 -Year Capital Improvement Program (Part III CIP 2016- 2020). ➢ The City's Public Works Department (Utilities Division) operates 21 deep water wells as the source of Eagan's municipal drinking water supply. ➢ Wells are typically refurbished or rehabilitated every seven years, or approximately after 45,000 running hours. Refurbishing includes equipment removal, equipment disassembly and inspection, replacement of worn or broken parts, equipment reassembly, coating protection, televising the actual well (determine physical condition), cleaning the casing, installation, and final inspection/testing. On average, the City of Eagan contracts to rehabilitate three wells per year. ➢ On February 16, 2016, the Council approved the plans and specifications for Contract 16- 08 and authorized the advertisement for solicitation of competitive bids. ➢ On February 25, 2016, two bid proposals were received (see attached summary). The low bid of $47,315.00 was 5.4% below the Engineer's estimate of $50,000. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid of $76,855.00 from Bergerson- Caswell, Inc. has been reviewed by Public Works staff and found to be in order for favorable Council action. Attachments (1) CM -1 Bid Summary BID SUMMARY 2016 MUNICIPAL WELL REHABILITATION CITY PROJECT NO. 1215 CITY CONTRACT NO. 16-11 Bid Date/ Time: 11:00 a.m., Thursday February 25, 2016 Well 11 Estimate: $50,000 Total Contractors Base Bid Berg erson-Caswell $47,315 Keys Well Drilling $48,650 E. H. Renner $50,180 Traut Wells $73,025 Over/Under Estimate -5% -3% 0% 46% Agenda Information Memo March 2, 2016 Eagan City Council Meeting CONSENT AGENDA N. Contract 16-13, Manhole Sealing, 1&I Mitigation Sanitary Sewer Improvements Action To Be Considered: Receive the bids for Contract 16-13 (Manhole Sealing, Inflow and Infiltration Mitigation - Sanitary Sewer Improvements), award the contract to Ess Brothers and Sons, Inc. for the bid amount of $24,360.00, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 16-13 provides for the installation of internal manhole seals to eliminate the inflow of run off from roadways and right of way (47 total seals) into the sanitary sewer system as programmed for 2016 in the City of Eagan's 5 -Year Capital Improvement Program (Part III CIP 2016-2020). ➢ In cooperation with the Metropolitan Council Environmental Services (MCES), the City has made improvements to the sanitary sewer system over the past eight years to mitigate the effects of inflow and infiltration. ➢ The Metropolitan Council's Municipal Publicly Owned Infrastructure Inflow & Infiltration Grant agreement qualifies Eagan for approximately $38,386.35 of matching funds for capital improvements to the public sanitary sewer system to reduce the amount of inflow and infiltration to the MCES disposal system. ➢ The proposed inflow and infiltration mitigation improvements are in accordance with the agreement for the grant program. The City is responsible to complete all of the referenced work and submit proof of completion for reimbursement from MCES. ➢ Two bid proposals were received (see attached summary). The low bid of $24,360.00 was 5.8% above the Engineer's estimate of $23,030. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Ess Brothers and Sons, Inc. has been reviewed by Public Works (Utilities Division) staff and is in order for favorable Council action. Attachments (2) CN -1 Location Map CN -2 Bid Summary 0 2016 Sanitary Sewer Lining N f �1 W C 2016 Seal MHsW E City Ol Ea a� ( 2016 Lining � W Map Date: 2/19/2016 G' Prepared by: City of Eagan Department of Public Works 1 in = 1 mile Document Path: L:\USERS\PUBWORKS\Projects\Utilities\Sanitary_Sewer\Maintenance\Lining\Council Proposed Lin ing8x11.mxd BID SUMMARY 2016 SANITARY MANHOLE SEALING CITY PROJECT NO. 1216 CITY CONTRACT NO. 16-13 Bid Date/ Time: 2:00 p.m., Tuesday February 23, 2016 Estimate: $23,030 Contractors Total Over/Under Base Bid Estimate Ess Brothers & Sons, Inc $24,360 5.8% Sealing Systems, Inc. $25,615 11% Agenda Information Memo March 2, 2016 City Council Meeting CONSENT AGENDA O. Contract 16-12, 2016 City -Wide Sanitary Sewer Lining Action To Be Considered: Approve the plans and specifications for Contract 16-12 (2016 City-wide Sewer Lining - Sanitary Sewer Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, March 24, 2016, at 3419 Coachman Point, Eagan, MN. Facts: ➢ Contract 16-12 provides for the rehabilitation of public sanitary sewer through lining improvements of about 7,850 linear feet of existing pipe in various areas within the City as was included in the Sanitary Sewer Operations and Facilities portion of the Council approved 2016-2020 Capital Improvement Program (CIP). ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. ➢ The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. ➢ All bid advertisement notices will be published in the legal newspaper informing contractors of the bid. Attachments (1) CO -1 Location Map ® 2016 Sanitary Sewer Lining N Z o 2016 Seal MHs W IL E fit of Ea a� 2016 Lining � � W Map Date: 2/19/2016 J J Prepared by: City of Eagan Department of Public Works 1 in= 1 mile Document Path: LAUSERS\PUBWORKS\Projects\Utilities\Sanitary_Sewer\Maintenance\Lining\Council Proposed Lining8x11.mxd Agenda Information Memo March 2, 2016 Eagan City Council Meeting CONSENT AGENDA P. Municipal State Aid Advance Request Action To Be Considered: Approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $2,767,564 from the Municipal State Aid (MSA) Construction account and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The Municipal State Aid (MSA) program distributes a portion of the state gas taxes collected to all Minnesota cities over 5,000 in population and is based on a formula of proportionate population and construction needs. The City of Eagan's apportionment for 2015 was approximately $2.76 million. These funds are required to be used on the City's designed State Aid roadway system. Only 20% of the city's local street mileage is eligible for this designation and related funding (approximately 47.4 miles are currently designated). ➢ Because the City of Eagan, with its Pavement Management Program, has been very progressive in its construction program on State Aid eligible streets, approximately $5.0 million more than the cumulative annual allocations have been currently spent. This amount remains eligible for future State Aid reimbursement when funds become available. ➢ The MSA program allows for cities to advance funds in excess of their annual apportionment at no interest when additional funding is available. The funding is available on a first come, first serve basis. ➢ This resolution requests the Commissioner of Transportation to advance the City of Eagan a total of approximately $2,767,564 from future State Aid Construction Account payments. This maximum request amount will be repaid from future annual apportionments but provides the City with the use of these interest free funds at the present time. Attachments (1) CP -1 State Aid Advance Resolution RESOLUTION NO TO ADVANCE FUNDING FROM THE MUNICIPAL STATE AID STREET CONSTRUCTION FUND WHEREAS, the City of Eagan has implemented Municipal State Aid Street Projects which have required State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said City, constructed said projects through the use of Local Municipal Funds to supplement the available funds in their State Aid Construction Account, and WHEREAS, said City needs to reimburse the expended Local Municipal Funds through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Construction Account; and WHEREAS, the advance is based on the following determination of expenditures: Account Balance as of February 23, 2016 ($412,436) Less estimated disbursements: Project # SAP 195-106-012 $ 168,894 Project # SAP 195-108-004 $ 622,381 Project # SAP 195-115-003 $ 893,828 Project # SAP 195-112-006 $ 872,461 Bond Principle $ 210,000 Advance Amount (amount in excess of acct balance) $2,767,564 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statues 162.14, Subdivision 6 and Minnesota Roles, Chapter 8820, 1500, Subpart l Ob. NOW, THEREFORE, Be It Resolved: That the Commission of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the City of Eagan in an amount up to $2,767,564 in accordance with Minnesota Rules 8820.1500, Subparagraph 10b. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said City from future year allocations until fully repaid. CITY OF EAGAN CITY COUNCIL By: Mayor ATTEST: City Clerk I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Eagan, County of Dakota, State of Minnesota, at a duly authorized City Council Meeting held in the City of Eagan, Minnesota, on the 2" d day of March, 2016, as disclosed by the records of said City on file and of record in the office. Christina M. Scipioni Agenda Information Memo March 2, 2016, Eagan City Council Meeting Consent Agenda Q. Final Subdivision for Laugen Legacy— Sophia Grace Properties Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Final Subdivision (Laugen Legacy) to create 2 lots upon approximately 0.92 acres located at 1365 Deerwood Drive. Facts: ➢ The Preliminary Subdivision was approved on October 20, 2015. ➢ As proposed, the lots comply with R-1 (residential single-family) standards. ➢ The plat has been reviewed by staff and is consistent with the preliminary approvals. ➢ All documents and agreements are in order for execution at the City Council meeting on March 2, 2016. Issues: None Attachments: (2) CQ -1 Location Map CQ -2 Final Plat v s x o i i L Q �o 0 oe J LO dao e t3)�0 7 M4 oA ME O J Ch V o Q i N Ea.N J Z . z v s x o i i L Q �o 0 oe dao e Z W LL o 0 r� CV � o •1t■ttt°� PIP �i:e �.ae :: �l� , rsi .11 �u ♦ ►� ram= Fig, ■.uncut•.. � 'r ��� 1! ..� ,� � ��•� r� it �� � • !� fir: • �� raj■;, ,�1 I . �... "'� � moi► � ����= - ��,- �� �0h<! ��'1 ii �=�'� ,. � . ..o, _■lam .r,■rp � j��■ ■� �..:..�1� � ►��►�� � r� �r11►� �, r. ����°''..: G;; r j�1N�IrI��1�r �::: C►� - --�i :I11�� �:;��� �� �I .4 E,N �6 ol E 32 A 1 0 I 0" or M "i 100.0 s 09TOZ ------------------------ 30 16 IJIE7 E E 3L ttOO 0 N . . . . . . . . . . . — -og voz — — — — — — — — — — — - — - �YDE LJ 7-11 L w- - — — — — — — — — — — — — — — — — — — OT co� % ,�00.0 N kx z Lli Ind o �ce or 4219 goo 6-31 r. 0 - E Agenda Information Memo March 2, 2016, Eagan City Council Meeting CONSENT AGENDA R. Approve A Resolution And Partnership Agreements To Accept Cash & In -Kind Donations For Upcoming 2016 Events From Multiple Partners Action To Be Considered: To approve a resolution and partnership agreements to accept cash and in-kind advertising donations from the following organizations, to authorize the necessary budget adjustments and direct the Mayor and City Clerk to sign the appropriate documents. Cash Donations ➢ Genisys Credit Union ($5,000) o $500 Holz Farm Old Fashioned Holiday o $2,000 Eagan Puppet Wagon o $2,500 Halloween Hodgepodge ➢ Think Bank ($7,500) — Market Fest Entertainment Partner ➢ The Urgency Room ($6,500) o $1,500 Food On 4 Wheels o $5,000 Eagan Market Fest for POP Club (Kids Power of Produce initiative) Advertising In -Kind Donations ➢ Sun Thisweek Newspaper ($8568.00) 0 3 col. (4.88"W) x 7" full color ads to run in the Burnsville/Eagan zone at a discounted price of $188.50 per ad (Reg. price: $591.00). 0 3 col. x 10.5" (quarter page) full color ads to run in the Burnsville/Eagan zone at a discounted price of $530.75 (Reg. price: $861.50) for Food On 4 Wheels, Harvest of Art, Lone Oak Days and Halloween Hodgepodge. o The difference between the regular price and the discounted pricing is considered the partner's in-kind donation to support promotional efforts for these events. The total value of the in-kind donations for the listed events is $8568.00. Facts: ➢ The Urgency Room in 2015 was a previous partner for Market Fest and Streets Alive and reallocating their donation in 2016 to the Food Truck Festival and Market Fest since it is not a Streets Alive year. ➢ Think Bank, Genisys Credit Union and Sun Thisweek Newspapers have been long-term City of Eagan event partners. ➢ Market Fest is a popular community engagement event held on Wednesdays from the beginning of June to the end of September. It features a farmer's market, concerts in the park, free kid's art activities and value-added theme night activities. The event is celebrating its 10th season. ➢ Donation dollars for Genisys Credit Union and Think Bank were budgeted for. ➢ $2,000 was budgeted for a sponsor for Food On 4 Wheels so the Urgency Room's $1,500 donation is part of the budgeted amount. No budget adjustment is necessary as another $500 sponsor may still be confirmed. ➢ A budget adjustment increase in budget code 3061.4664 is necessary to account for $4,000 of the $5,000 Urgency Room Donation. Only $1,000 was budgeted for a new sponsor, but with this increased donation the POP Club can be fully funded and expanded at Market Fest. Attachments: (1) CR -1 Resolution CITY OF EAGAN RESOLUTION TO ACCEPT DONATIONS FOR UPCOMING 2016 EVENTS FROM MULTIPLE PARTNERS WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, Genisys Credit Union, Think Bank, The Urgency Room and Sun Thisweek Newspaper, have expressed an interest in partnering with Eagan Parks & Recreation to support upcoming 2016 community events; and WHEREAS, the following organizations have agreed to donated the listed amount to support 2016 community events: Genisys Credit Union ($5,000), Think Bank ($7,500), The Urgency Room ($6,500) and Sun Thisweek Newspaper an in-kind advertising donation (valued at $8568); and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the following donations: Genisys Credit Union ($5,000), Think Bank ($7,500), The Urgency Room ($6,500) and Sun Thisweek Newspaper an in-kind advertising donation (value of $8,568.00) to support Eagan Parks & Recreation community events. Motion made by: Seconded by: Those in favor: Those against: Dated CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2nd day of March, 2016. City Clerk Agenda Information Memo March 2, 2016 Eagan City Council Meeting CONSENT AGENDA S. Approve A Resolution To Accept Donation From Honeywell International Charity kh Matching For Purchase Of Market Fest 10 Anniversary Supplies Action To Be Considered: To approve a resolution to accept a donation of $780.39 in cash from Honeywell for the purpose of purchasing Market Fest 10th Anniversary supplies and to authorize the necessary budget adjustment and direct the Mayor and City Clerk to sign the appropriate documents. Facts: ➢ 2016 will be the mark of the 10th Anniversary of Eagan Market Fest. To commence this achievement, Parks and Recreation will be hosting festivities and treats during the season. ➢ By approving these donations the 2016 Parks and Recreation budget would receive a corresponding budget adjustment reflecting the cash donations of: o $780.39 to budget line item 3061-4663 Attachments: (1) CS -1 Resolution CITY OF EAGAN RESOLUTION TO ACCEPT CASH DONATIONS FROM HONEYWELL INTERNATIONAL CHARITY MATCHING WHEREAS, the Eagan Market Fest offers several special activities to commence the 10`x' Anniversary of the program; and WHEREAS, Honeywell International Charity Matching, has expressed an interest in partnering with Eagan Parks & Recreation to support the special activities needs; and WHEREAS, Honeywell International Charity Matching has offered to donate $780.39 in cash to support the purchase of special activities needs for Eagan Market Fest; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $780.39 cash donation from Honeywell International Charity Matching to support Eagan Market Fest special activities needs. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2nd day of March, 2016. City Clerk Agenda Information Memo March 2, 2016, Eagan City Council Meeting CONSENT AGENDA T. Declare miscellaneous Public Works equipment to be surplus Action To Be Considered: To declare miscellaneous Public Works equipment, listed below, to be surplus. Facts: ➢ The Public Works Department has identified equipment no longer needed by the City: o Unit 20013 —1994 Alum tank and pump o Unit 116A-1987 La Hoss asphalt hot box o Unit 10001-1977 Barricade trailer ➢ Per the Surplus Property Policy, the City Council must declare the property to be surplus before it can be sold, recycled or otherwise disposed of. ➢ Upon the Council's declaration of the property as surplus, it will be sold or disposed of in accordance with the Surplus Property Policy. Attachments: (0) Consent Agenda Information Memo March 2, 2016, Eagan City Council Meeting CONSENT AGENDA: U. Adopt A Resolution To Participate In A Hazard Mitigation Planning Process Action To Be Considered: Adopt a resolution to participate in the Dakota County Hazard Mitigation Plan Update Process. Facts: ➢ Dakota County has requested all cities within the county to participate in updating the five year "Dakota County All Hazard Mitigation Plan." ➢ In 2006, a similar resolution was adopted signifying Eagan's desire to participate in the initial development of the All Hazard Mitigation Plan. ➢ Under the Federal Disaster Mitigation Act of 2000 (DMA2000), to remain eligible for disaster related federal hazard mitigation grant funds, the Dakota County All Hazard Mitigation Plan must be updated every five years. ➢ To be a recognized participant in the Dakota County All Hazard Mitigation Plan, the City must participate collaboratively in the plan update and formally adopt the attached resolution. ➢ Once the plan is updated, it must be approved by FEMA in 2016. After FEMA's approval, the City will then need to formally adopt the document. ➢ Dakota County requests that this resolution to participate be passed to meet requirements of the DMA2000. ATTACHMENTS: (1) CU -1 Resolution CITY OF EAGAN 03/02/2016 RESOLUTION TO PARTICIPATE IN ALL HAZARD MITIGATION PLANNING PROCESS WHEREAS, the County of Dakota coordinated preparation of an initial multi jurisdiction all -hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, the City of Eagan participated in drafting the plan, and later reviewed and approved the plan; and WHEREAS, federal law requires the plan be updated every five years; and WHEREAS, the Act requires public involvement and local coordination among local units of government and businesses as part of the planning process; and WHEREAS, the plan must include descriptions of land uses and development trends, risk assessment including past hazards, hazards that threaten the county, maps of hazards, and estimates of structures at risk; and WHEREAS, the plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs, in addition to ; and a maintenance or implementation process including plan updates, integration of the plan into other planning documents, and public education components; and WHEREAS, approval of the all hazard mitigation plan update will continue the County's eligibility to receive federal and state Hazard Mitigation Grant Program project grants; and WHEREAS, this resolution does not preclude the City of Eagan from preparing its own plans sometime in the future should they desire to do so. NOW THEREFORE BE IT RESOLVED, that the City of Eagan supports the County all hazard mitigation planning effort, agrees to participate with the County in preparing an update to the multi - jurisdictional plan and recognizes that the plan will apply within the townships. Adopted on this 2"d day of March 2016. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: Agenda Information Memo March 2, 2016, Eagan City Council Meeting CONSENT AGENDA V. Accept A Grant From The Minnesota Department Of Human Services To Conduct Tobacco Compliance Checks Action To Be Considered: Approve a resolution allowing the City of Eagan to accept the conditions and funding available through the Tobacco Compliance Check Grant. Facts: ➢ The grant allows the City of Eagan to obtain reimbursement for conducting tobacco compliance checks on local businesses. ➢ The terms of the grant allow the City to collect $40.00 for every compliance check performed. ➢ Presently, there are 46 establishments licensed to sell tobacco in the City. ➢ The Police Department conducts tobacco compliance checks on local businesses two times each year. ➢ State funds for this grant contract are provided under the Minnesota Department of Human Services to enforce tobacco laws and educate tobacco retailers and community members regarding tobacco laws. ➢ Tobacco compliance checks conducted under the conditions of this grant are for educational purposes only. Therefore, no sanctions to the clerk or business owners are permitted. Attachments: (2) CV -1 Resolution CV -2 Grant Agreement CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Minnesota Department of Human Services WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Minnesota Department of Human Services has presented the police department with a grant. The funds will be used to augment the costs associated with performing tobacco compliance checks. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the grant is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Minnesota Department of Human Services. ADOPTED this 2nd day of March, 2016. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: T# 16A55 SF'Y 2016 ANNUAL PIAN AGREEMENT STATE OF MINNESOTA DEPARTMENT OF HUMAN SERVICES i(3t��,iriator FailnYalts�ct�dn�;��ti�ojidsa��ptt�ds�`�����'��tia���aj'��1��,�g�at;��sinl�Gf;�t����i�t�d'• Your Contract Coordinator completes the N/A boxes FinDeptID: H55ER 31414 N/A SWIFT Encumbrance PO #: Fill in the FinDeptID number that identifies what account to use for encumbering funds. Your contract coordinator will encumber funds in SWIFT and write the encumbrance PO # in the box to the right. 3 ® 0 ® ® t ° Reference this 10 digit PO # when submitting related invoices to FOD/Accounts Payable for payments to 3 i ®® 3 � 6. this vendor for this service. EIOR 131921 Vendor Name: Eagan Police Department E-mail:.icollins@cityofea an.corn Vendor's Street Address: 3830 Pilot Knob Rd. City: Eagan State: MIS Zip: 55121 Phone #: 651-6755700 Tax identification numbers necessary to verify SWIFT Vendor numbers. Collect the applicable data: For Vendor Using: individual name; supply the vendor's social security #: a business name; supply the vendor's federal tax I D #: 41-0847612 a business address located in WIN, they should also supply the MN. Tax I. D. #: b Cost of service must include descriptive rate: x/hours @ x/dollars per hour = x/dollars for total deliverables Compensation: Expenses: Total to encumber $1,840.00 (46 checks X40.00 per co pinance check) Dates of Service: $0.00* X1.840.00 February 15g 201 to June 30A 2016 * (see http://www.mnid.admin.state.inn.tis/conimilligagEag!glljlkm for rates) (S FY16 ends .lune 30, 2016) Provide a detailed description of expected duties on the following page. Please check the green highlighted box in Section VII if any private data will be shared sander this plan. Originator's Name: Joan Kaluza Division blame + Mail code: Alcohol & Drug Abuse —0977 I). Human Services Assistant Commissioner Your signature gives approval to encumber funds % and approval of the selected Information Privacy J`' f� (. Provision under Clause VII on this form. NAME DATE 2). Contract Coordinator SFY16 MasterAPK%92348 - Verification of $5000 limit a SWIFT Vendor #: 0000199151 NAME DATE AO NOT HAVE VENDOR SIGN BELOW UNTIL FUNDS ARE ENCUMBEREiD .By CONTRACT COORDINATOR AND DIV DIRECTOR HAS APPROVED BY SIGNING ABOVE. 3). Vendor's Signature By signing, vendor certifies he/she is not a State employee. Individual signing must have proof of authority to sign on behalf of the company named above. NAME DATE By written acceptance with the signature in Section 3). Vendor's Signature box, the Vendor agrees to perform the following work/services under the terms and conditions listed below: -� (Originator, write clear duties, measurable outcomes on these lines. Add space if needed.) Vendor's Duties: The vendor who is the participating Sheriff, Police or Public Health Departments will conduct educational tobacco compliance checks with the approved number of retailers. All compliance checks will be conducted in compliance with MN Statute 461.12 subd 5. Note this educational tobacco compliance check does NOT fulfill the requirements of MN Statute 461.12 subd 5 that a licensing authority shall conduct unannounced compliance checks at least once each calendar year because these checks are educational based and do NOT include a penalty. Vendor Will: I. Complete forty-six (46) educational tobacco compliance checks by June 30, 2016. Checks will be reimbursed at $40 per check. 2. Ensure that no penalty is levied on the clerk or the business owner from the county or city as a result of these educational tobacco compliance checks. 3. Provide clerks who fail the educational tobacco compliance check an educational publication which will be reviewed with them by the individual who conducted the compliance check. 4. Provide clerks who pass the educational tobacco compliance check a certificate of appreciation signed by the organization conduction the checks. 5. Provide the owner of the establishment a publication including the date the check was conducted and the results of the inspection (pass or fail). 6. Complete a short survey and the vendor invoice form and email both to collinfirazier omstatejun.LIS for payment by July 15, 2016. I. Scope of Agreement: This document is an Agreement for professional/technical services, to be interpreted pursuant to laws of the State of Minnesota. The Commissioner of the Department of Human Services or his/her delegate (hereinafter the STATE), pursuant to Minnesota Statutes, section 256.01, subd. 2 is empowered to enter into professional/technical agreements. The Commissioner has identified the need for the services to be performed, as no state employee is available or capable ol'performing these tasks. No work on this agreement is to begin until the STATE has signed this document and VENDOR is notified to begin work by the STATE's authorized representative. By written acceptance, the VENDOR agrees to perform the scope of the services within the terms and conditions in this agreement and within the limits of the clauses specified in this agreement. The VENDOR must sign its approval in the designated signature block and return the original signed Agreement and any attachments to the Department of Human Services, prior to the commencement of services. IL Conditions of Payment: All services provided by the VENDOR pursuant to this Annual Plan Agreement must be performed to the satisfaction of the State, as determined in the sole discretion of the State, and not in violation of any federal, state or local laws: ordinances, rules and regulations. The VENDOR will not receive payment for work found by the State to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. Under Minnesota Statutes Section 16C.08, subdivision 5(b), no more than 90 percent of the amount due under this Annual Plan Agreement may be paid until the final product of this Annual Plan Agreement has been reviewed by the State's agency head, The balance due will be paid when the State's agency head determines that the VENDOR has satisfactorily fulfilled all the terms of this Annual Plan Agreement. III. Consideration and Terms of Payment: Payments shall be made by the STATE promptly after VENDOR'S presentation of invoices for services performed and acceptance of such services as satisfactory by the STATE's authorized representative. VENDOR will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than is provided in the current "Commissioner's flan", promulgated by the Commissioner of Minnesota Management and Budget, which is incorporated by reference. VENDOR will not be reimbursed for travel and subsistence expense incurred outside the State of Minnesota unless it has received STATE'S prior written approval for such out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. For compensation payable under this agreement, which is subject to withholding under state or federal law, appropriate amounts will be deducted and withheld by the State as required. IV. Cancellation. This Annual Plan Agreement may be canceled by the State or the Commissioner of Administration at any time, with or without cause, upon 30 days' written notice to the Vendor. In the event of such a cancellation, the Vendor will be entitled to payment, determined on a pro rata basis, for the work or services satisfactorily performed. V. Indemnification. In the performance of this agreement by VENDOR; or VENDOR'S agents or employees, the VENDOR must indemnify, save, and hold harmless the STATE, its agents, and employees, from any claims or causes of action, including attorney's fees incurred by the STA'L'L', to the extent caused by VENDOR'S: Fuge 2 of 4 I ) Intentional, willful, or negligent acts or omissions; or 2) Actions that give rise to strict liability; or 3) Breach of contract or warranty. The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the STATE'S sole negligence. This clause will not be construed to bar any legal remedies the VENDOR may have for the STATE'S failure to fulfill its obligation under this agreement." VI. State Audit: Under Minn. Stat. § 16C.05, subd. 5, the books, records, documents, and accounting procedures and practices of the VENDOR and its employees, agents, subcontractors, or representatives, relevant to this agreement must be made available and subject to examination by the State, including the contracting Agency/Division, Legislative Auditor, and State Auditor, for a minimum of six years from the agreement. V11. Information Privacy (Protection: The VENDOR and STATE must comply with the Minnesota Government Data Practices Act, Minn. Stat., ch. 13, and the Health Insurance Portability Accountability Act ["HIPAA"], 45 C.F.R. § 164.103, et seq., as it applies to all data provided by the STATE under this contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the VENDOR under this contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Minnesota Government Practices Act, Minn. Stat, ch. 13, by either the VENDOR or the STATE. Additionally, the remedies of HIPAA apply to the release of data governed by that Act. If the VENDOR receives a request to release the data referred to in this clause, the VENDOR must immediately notify and consult with the STATE's Authorized Representative as to how the VENDOR should respond to the request. The VENDOR's response to the request shal l comply with applicable law. It is expressly agreed that the VENDOR will not be handling private data collected by STATE and is therefore not a member of or included within the "welfare system" for purposes of the Minnesota Government Data Practices Act (hereinafter "Data Practices Act," Minnesota Statutes, Chapter 13, and in particular §13.46) as a result of this contract. It is also expressly agreed that VENDOR will not be handling "protected health information" collected by STATE (information that identifies an individual as having applied for, being or having been eligible for, or receiving or having received health care services, as set forth in 45 CFR §160.102), VENDOR is not a "business associate" of STATE, as defined in the Health Insurance Portability Accountability Act ("HIPAA"), 45 CPR § 160.103 as a result of or in connection with this contract, 'Therefore, VENDOR is not required to comply with the privacy provisions of HIPAA as a result of or for purposes of performing under this contract. If VENDOR has responsibilities to comply with the Data Practices Act or HIPAA for reasons other than this contract. VENDOR will be responsible for its own compliance. VIII. Ownership of Works and Intellectual Property Rights, Except in the case of intellectual property rights previously acquired by VENDOR, the STATE owns all rights, title, and interest in all of the intellectual property, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this agreement. The Works and Documents will be the exclusive property of the STATE and all such Works and Documents must be immediately returned to the STATE by the VENDOR upon completion or cancellation of this agreement. Works means all inventions, improvements, discoveries (whether or not patentable or copyrightable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the VENDOR, its employees, agents, and subVENDORs, either individually or jointly with others in the performance of this agreement. Works includes "Documents. " Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic fours, prepared by the VENDOR, its employees, agents, or subVENDORs, in the performance of this agreement IAC. Data Disclosure: Under Minn. Stat. § 270.66, and other applicable law, the VENDOR consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state laws which could result in action requiring the VENDOR to file state tax returns, pay delinquent state tax liabilities, if any, or pay other state liabilities. This contract will not be approved unless these numbers are provided. Y. Jurisdiction and Venue: This Annual Plan Agreement is governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Annual Plan Agreement, or breach thereof; will be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. ?t1. Prohibition on Weapons.. VENDOR agrees to comply with all terms of the Department of Human Services' policy prohibiting carrying or possessing weapons wherever and whenever the VENDOR is performing services within the scope of this agreement. Any violations of this policy by VENDOR or VENDOR's employees may be grounds for immediate suspension or termination of the agreement. Currently Licensed Peace Officers are exempt from this provision. If Police or Sheriff Departments utilize officers who carry or possess weapons, as defined in Minnesota Statutes, section 626.05, subdivision 2, for performing services within the scope of this agreement, then these Departments shall utilize only its active and currently licensed peace officers. Page 3 of 4 XII. Criminal Background Check Required. VENDOR and employees of VENDOR working on site at STATE's Central Office and accessing STATE's protected information (as defined in VII. Information Privacy Protection of this agreement.) must submit to or provide evidence of a computerized criminal history system background check (hereinafter "CCI1 background check") performed within the last 12 months before work can begin under this agreement. "CCH background check" is defined as a background check including search of the computerized criminal history system of the Minnesota Department of Public Safety's Bureau of Criminal Apprehension. ]{.III. Federal Audit Requirements and Vendor Debarment Information. A. Compliance with Single Audit Act. All sub -recipients receiving $750,000 or more of federal assistance in a fiscal year will obtain a financial and compliance audit made in accordance with the Single Audit Act, Code of Federal Regulations, title 2, subtitle A, chapter II, part. 200. VENDOR certifies it will comply with the Single Audit Act, Code of Federal Regulations, title 2, subtitle A, chapter I1, part 200, if applicable. Failure to comply with these requirements could result in forfeiture of federal funds, B. Vendor debarment, suspension and responsibility certification. Federal Regulation 45 CFR 92.35 prohibits the STATE from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minn. Stat. §16C.03, subd. 2 provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the State. BY SIGNING THIS ANNUAL PLAN, VENDOR CERTIFIES THAT IT AND ITS PRINCIPALS: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state or local governmental department or agency; and (b) Have not within a three-year period preceding this Agreement: a) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; b) violated any federal or state antitrust statutes; or c) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and (c) Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: a) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction; b) violating any federal or state antitrust statutes; or c) committing embezzlement, theft, forgery. bribery, falsification or destruction of records, making false statements or receiving stolen property; and (d) Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this agreement are in violation of any of the certifications set forth above. (e) Will immediately give written notice to the STATE should VENDOR come under investigation for allegations of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing; a public (federal, state or local government) transaction; violating any federal or state antitrust statutes; or committing embezzlement, theft. forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. END Page 4 of 4 Agenda Information Memo March 2, 2016 Eagan City Council Meeting CONSENT AGENDA W. Resignation of Advisory Planning Commission member Karina Landmesser Action to Be Considered: Accept resignation of APC member Landmesser. Facts: ➢ Ms. Landmesser was appointed to a one-year term last year. Due to her job schedule and responsibilities at home she states she is unable to continue on the commission. ➢ The APC currently has an alternate and given the proximity to Council appointments of commission members, staff is not suggesting a replacement be sought. Attachments: (1) CW -1 Resignation email From: Iand0199 <Iand0199@comcast, net> Sent: Friday, February 26, 2016 11:42 AM To: Mike Ridley Subject: APG Member: Landmesser Hello Sir, I'm sorry to inform you that 1 have to resign my position as an APC member. My job schedule (midshift) and the responsibilities caring for my 20 month old son has gotten to be too much for me. He has been very sick for the last three days hence my missing the last meeting. I have had a blast being apart of this commission and have learned so much! All of the members are outstanding and informative as well as you and your team. I am very impressed by the knowledge and professionalism of city staff, you guys do great things for our city. Again, thank you so much for the honor of serving on this committee! Take care, Karina Landmesser Sent From my Verizon Wireless 4G r.,' T smartphane Agenda Information Memo March 2, 2016, Eagan City Council Meeting Public Hearings A. Variance — 2864 Eagandale Boulevard (CCS Realty Co.) Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Variance to allow 46% building coverage ratio for a building addition for Cloverleaf Cold Storage located at 2864 Eagandale Boulevard, subject to the conditions listed in the staff report. To approve (or direct preparation of Findings of Fact for Denial) a Variance allowing a reduction from 465 to 375 parking stalls for a building addition for Cloverleaf Cold Storage located at 2864 Eagandale Boulevard, subject to the conditions listed in the staff report. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The Applicant is proposing a cold storage warehouse expansion of approximately 60,000 s.f. The removal of two existing smaller buildings and some pavement from the property to achieve no net increase in impervious coverage is also proposed, along with improvements to the on-site storm water management facilities. ➢ A Variance is requested to allow 46% building coverage ratio. The proposed addition would bring the building coverage ratio to 46%, exceeding the City Code maximum of 35%, and a previously approved Variance allowing 40% on this site. ➢ A Variance is requested to the amount of required parking. A larger building requires more parking. City Code would require 465 stalls, the plans provide for 375 stalls in both installed parking and future proof of parking. ➢ The Applicant's stated practical difficulties are the need for additional freezer storage and that providing the amount of parking required by City Code is impractical given impacts to the impervious coverage and storm water management. The facility currently has 44 employees, a number far lower than the 465 stalls required by strict application of the City Code. ➢ City Engineering staff have reviewed the grading plan and find the drainage on the site is better served with the proposed improvements. ➢ While one tax parcel, the property consists of multiple previously platted lots, resulting in the building crossing lot lines and easements. The property should be replatted, and the underlying drainage and utility easements vacated, prior to issuance of the Certificate of Occupancy for the addition. Issues: None 60 -Day Agency Action Deadline: April 10, 2016 Attachments: (3) PHA -1 Location Map PHA -2 Planning Report PHA -3 Exhibits a) om O � U c i W N e 0 O 00 v G UN cQ E O m Z O j d Z CD a) O a N a. �U z (Do F N c o r. O U ■ m Gd M ai— o v C O Y m L r ga a) om O � U c i W N e 0 O 00 v G UN cQ E O m Z O j d Z CD a) O a N a. �U z (Do F N c o U m N M O O w N U U C O Y m L r 0 ' EON .lM 3'1H15N3 Nj �� � 1� ✓ `,.••., -- -- � z a V NOl�N 1 E4 `ON 4V021 ^O. - J —z. .. �� ��+ � jf�/ bis 1g `��'\�, �h• _. Q w y#; b n0o a31N30 U 4.0 v ofCINVOvq a LI1 Q1QA10 jjVUNVQV3 Z O i z ;N Z WINDAV 3ais ans I t gJ i Dt N 3 i UG Sol HS 5 i N U � SO i a d 3 � � b r� io 7PLANNING REPORT CITY OF EAGAN REPORT DATE: February 24, 2016 APPLICANT: CCS Realty Co. PROPERTY OWNER: CCS Realty Co. REQUEST: Variance LOCATION: 2864 Eagandale Blvd. CASE: 03 -VA -01-02-16 HEARING DATE: March 2, 2016 APPLICATION DATE: Feb. 10, 2016 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Variance to the maximum building coverage ratio, and a Variance for a reduction in the number of required parking stalls, to allow a building addition for Cloverleaf Cold Storage at 2864 Eagandale Boulevard. 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, 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 owners of property have 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. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report — Cloverleaf Cold Storage (2864 Eagandale Blvd.) March 2, 2016 Pace 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. g. Whether the property for which the variance is requested is 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. 11.60, Subd. 14 sets the maximum building coverage ratio in the I-1, Limited Industrial, zoning district a 35%. City Code Sec. 11.70, Subd. 5 sets the minimum number of required off-street parking stalls as follows: Office = 1 stall per 150 s.f. of net leasable area Warehouse = At least one stall for each 400 s.f. of gross floor area up to 6,000 s.f. plus one stall for each 1,000 s.f. of gross floor area over 6,000 s.f. Proof of Parking = The city may also consider a proof of parking when a business can demonstrate a proposed use will not require the minimum number of spaces as stated in this section. When parking is reduced, the city may require that area to be reserved in open space for future parking needs. BACKGROUND/HISTORY The site was initially developed in 1969 with a 137,000 s.f. facility. In 1975, the building was expanded by 52,000 s.f. In 1990, a Variance to the maximum building coverage ratio was approved, allowing 40% building coverage on the site. The expansion approved in 1990 occurred in two phases in 1990 and 1997. The 1990 expansion plan did not address storm water management. Also, that approval pre -dated the adoption of a minimum green space ordinance, which occurred in 2000, and set a minimum green space standard of 25% in the I-1 zoning district. Because the existing site development predated the minimum green space ordinance, the performance standard for any change from the existing condition is no net reduction in green space. The existing green space ratio is 21.25%. Variations of Kraft Food Service and US Foods occupied the site for decades; however, US Foods vacated the site around 2009 and it sat vacant until Cloverleaf acquired the site in 2013. Planning Report — Cloverleaf Cold Storage (2864 Eagandale Blvd.) March 2, 2016 Page 3 The property consists of partial and full previously platted lots, which appear to have been combined into a single tax parcel by Dakota County. However, the underlying lot lines and platted drainage and utility easements remain resulting in a lengthy legal description, and conflicts between building placement across lot lines and easements. To eliminate such conflicts, the property should be replatted as a single legal parcel, and existing internal unnecessary easements vacated. The easement vacations and replatting should be completed prior to issuance of a Certificate of Occupancy for the building addition. EXISTING CONDITIONS The property consists of 19.57 acres located at the northwest corner of Eagandale Blvd. and West Service Rd. Access to the property is provided from both streets. A storm drainage pond is located south of the building, vehicle parking lot to the west, and loading docks on the northeastern side of the building. In addition to the principal office/warehouse building, there are also two outbuildings on the northern corner of the site. The total existing building coverage ratio is 38.88%, and the existing green space ratio is 21.25%. EVALUATION OF REQUEST Description of Proposal — Cloverleaf Cold Storage is proposing a freezer warehouse expansion of 59,588 s.f. The submitted narrative indicates "the expansion will allow us to serve additional customers and increase employment, while expanding the City of Eagan tax base." The proposal involves removing the two accessory buildings and some existing pavement. The storm water management facilities have also been redesigned. The proposed expansion brings the building area to 391,043 s.£, a coverage ratio of nearly 46%. This exceeds the I-1 standard of 35% maximum, and the 1990 Variance approval for 40%. Thus, the Variance request to allow a building coverage ratio of 46%. Required off-street parking calculates to a total of 465 stalls. The Narrative indicates 375 stalls will be provided between parking and proof of parking combined, a shortage of 90 stalls or 19% of the required amount. Thus the Variance request to the required number of parking stalls. Building Materials — The existing building finish consist of painted masonry, painted precast, and pre -finished insulated metal panels and is non -conforming to current City Code exterior materials standards. The building addition is proposed to be constructed of architectural pre -finished insulated metal panels in a color to match the existing main building color. The Applicant's narrative provides more detail about the need to maintain a continuous thermal envelope for the cold storage freezer space including the roof, wall and under floor insulation systems, and the proposed prefinished insulated metal panels are specially designed for this type of construction. "Gaps in this envelope can create areas of frost creating within the freezer space or transfer sub freezing conditions into the under floor sub -grade causing heaving." Planning Report — Cloverleaf Cold Storage (2864 Eagandale Blvd.) March 2, 2016 Paee 4 Stormwater Management/ Water Quality — The existing site is 19.57 acres, 15.41 acres of which is existing impervious area. The proposed building expansion will add 59,588 SF of new impervious surface. To mitigate the new impervious area, the applicant proposes to remove an existing bituminous trail and three paved parking lot areas, and replace them with turf. A new storm water pond would be constructed, and the existing pond modified. The result is no net increase in the amount of existing impervious area, and drainage on the site is better served with the addition of a new storm water pond. Staff has reviewed the proposed plans and finds them acceptable. A final review of the proposal, and any needed plan modifications, would occur before issuance of the Building Permit. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. The business requires cold storage warehousing with specialized thermal insulated construction. The proposal represents a significant investment in an existing business that will include site alterations and improvements to offset and better mitigate existing conditions and impacts from the proposed expansion. APPLICANT'S PRACTICAL DIFFICULTIES The Applicant is proposing to mitigate impacts from the proposed building expansion. First, the other buildings and hard surface area are proposed to be removed to maintain no net increase in impervious coverage and no net loss of green space, even with a building expansion of nearly 60,000 s.f. The applicant also proposes to implement measures to improve storm water management on the site. The Applicant indicates two practical difficulties in support of the reduced number of parking stalls. First, providing the required number of stalls is "impractical due to efforts to maintain the existing impervious coverage percentage while continuing to provide the necessary and required storm water treatment on site." Second, the facility "currently has 44 employees working two shifts." This number is far lower than the 465 stalls required by strict application of the City Code. Even accounting for increased employment due to this expansion, there would be ample off-street parking available on the site. SUMMARY/CONCLUSION In summary, the Applicant is proposing to expand the building for Cloverleaf Cold Storage at 2864 Eagandale Blvd. Two Variances are associated with this proposal. The first is to allow an increase in the building coverage ratio to 46%. The second is to allow a reduction in the required number of off-street parking stalls from 465 to 375 stalls. The proposed cold storage warehouse addition consists of approximately 60,000 s.f. and will be constructed of architectural pre - finished insulated metal panels to match the existing building color. The stated practical Planning Report — Cloverleaf Cold Storage (2864 Eagandale Blvd.) March 2, 2016 Page 5 difficulties are the need to expand the facility's freezer storage space, maintaining no net increase in impervious coverage, and that the City Code requires far more parking than is actually needed. ACTION TO BE CONSIDERED To approve a Variance to allow 46% building coverage ratio for a building addition for Cloverleaf Cold Storage located at 2864 Eagandale Boulevard. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. Site modifications shall be implemented consistent with the plans dated February 9, 2016. 3. A building permit is required prior to commencing construction. 4. The property shall be replatted and internal unnecessary drainage and utility easements vacated prior to issuance of a Certificate of Occupancy for the building addition. To approve a Variance allowing a reduction from 465 to 375 parking stalls for a building addition for Cloverleaf Cold Storage located at 2864 Eagandale Boulevard. 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. Site modifications shall be implemented consistent with the plans dated February 9, 2016. 3. A building permit is required prior to commencing construction. 4. 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Certification of Delinquent Utilities Action To Be Considered: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Facts: ➢ The City Code allows for collection through certification of delinquent utility bills which are not paid. ➢ At the February 2, 2016 City Council meeting, a public hearing was scheduled for the March 1, 2016 City Council meeting. ➢ The City currently has approximately 1,020 utility bill accounts with delinquent balances. The assessable amount of these accounts is $222,281.54. If certified, 4% interest is added to the balance. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ➢ 67 or 7% of the utility accounts due for certification have had a Sheriff's Sale since January 1, 2012. 4 accounts had a Sheriff's sale in 2016, 24 accounts in 2015, 8 accounts in 2014, 13 accounts in 2013, and 18 accounts for 2012. ➢ At the same time in 2015, the City had approximately 1,128 utility bill accounts with delinquent balances that totaled $232,137.56. Attachments: (1) PHB-1 Delinquent account list Delinquent Account Listing Account # Service Address Certification Balance 0036205706 1538 LONE OAK RD $ 128.64 0035501204 1534 LONE OAK RD 285.72 0038277802 3170 PILOT KNOB RD 441.98 0035502509 1025 WESCOTT RD 53.49 0023412109 3710 BLACKHAWK RD 149.75 0023406721 2113 WUTHERING HEIGHTS RD 321.01 0023406861 2139 SILVER BELL RD 97.36 0035510502 3955 DODD RD 69.34 0015505704 835 CLIFF RD 51.66 0011716313 4300 BLACKHAWK RD 334.25 0011620200 620 CLIFF RD 59.68 0035505908 550 LONE OAK RD 51.28 0038100103 3362 ALDEN POND LANE 188.74 0023900509 1833 KATHRYN CIR 120.62 0023901002 1850 KATHRYN CIR 186.40 0023901200 1844 KATHRYN CIR 119.32 0013122403 4386 BENT TREE LANE 224.35 0013122502 4392 TOFTE LANE 371.56 0013175005 683 CRIMSON LEAF TR 280.39 0023408412 1965 GOLD TR 226.15 0023408404 1963 GOLD TR 214.85 0023408503 1973 GOLD TR 146.14 0023408511 1975 GOLD TR 274.22 0011800505 4637 BEACON HILL RD 199.26 0011801008 4657 BEACON HILL RD 211.32 0011801206 4669 BEACON HILL RD 560.16 0011806007 4635 KINGSBURY DR 310.00 0011803509 1584 LANCASTER LANE 214.04 0011803707 4613 CAMBRIDGE DR 277.17 0011817806 4712 COVINGTON CT 369.14 0011816303 4713 COVINGTON CIR 134.88 0011818804 1600 COVINGTON LANE 111.24 0011813805 4785 BEACON HILL RD 107.99 0012838306 4717 BERKSHIRE CT 443.91 0012838702 1933 BERKSHIRE DR 74.09 0012839007 1939 BERKSHIRE DR 76.27 0012839106 1941 BERKSHIRE DR 122.62 0012839601 1951 BERKSHIRE DR 798.11 0012840609 1934 BERKSHIRE DR 242.84 0012837803 4736 BERKSHIRE WAY 223.15 0036100204 1765 YANKEE DOODLE RD 147.33 0036500213 1765 YANKEE DOODLE RD 50.86 0024429904 1261 WIN DCRESTAVE 218.31 0024460776 1270 DEERRIDGE CT 153.45 0023420805 3752 ROBIN LANE 60.37 0025674102 3685 ROBIN LANE 190.48 1 Delinquent Account Listing 0025674904 3686 ROBIN LANE 276.56 0025649203 1844 DEER POND CIR 469.93 0025653205 3681 ROBIN LANE 330.16 0024218604 1564 ASHBURY PL 113.80 0024220709 3669 ASHBURY RD 62.38 0024223604 3640 ASHBURY RD 102.70 0024223406 3648 ASHBURY RD 342.26 0024228207 3613 ASHBURY RD 318.26 0024227308 1643 ASHBURY PL 117.24 0025208208 1599 BLACKHAWK LAKE DR 85.00 0025208109 1595 BLACKHAWK LAKE DR 275.45 0024404600 1690 BLACKHAWK COVE 286.31 0024405102 3665 BIRCHPOND RD 268.78 0024405805 3678 BIRCHPOND PL 153.46 0024406308 1655 BLACKHAWK COVE 533.98 0024117004 3830 RIVERTON AVE 217.59 0024118507 3813 RIVERTON AVE 79.60 0024119802 1606 MURPHY PKWY 124.30 0024123101 1628 HAWK PL 167.13 0025206004 1450 BLACKHAWK LAKE DR 133.19 0025205907 1509 BLACKHAWK RIDGE WAY 318.62 0025213505 3788 BLACKHAWK RIDGE CIR 151.42 0025211707 3787 BLACKHAWK RIDGE PL 377.18 0025211400 1562 BLACKHAWK LAKE DR 234.04 0011514502 4252 BOULDER RIDGE PT 291.29 0011515400 4215 JUNIPER PT 120.51 0011512704 4273 BOULDER RIDGE PT 154.92 0011511706 4236 BOULDER RIDGE PT 187.55 0013100607 4203 SUMAC PT 262.01 0025001504 3838 LAUREL CT 80.81 0025004805 3879 DOLOMITE DR 133.66 0025005901 3864 DOLOMITE DR 127.63 0025013707 3813 HEATHER DR 98.38 0025013806 3815 HEATHER DR 167.32 0025014408 3823 HEATHER DR 64.29 0025014705 3829 HEATHER DR 107.25 0025007105 3837 HEATHER DR 395.11 0025010604 3836 HEATHER DR 195.66 0025011404 3820 WILLOW WAY 190.33 0025011800 3812 WILLOW WAY 102.57 0025012600 3802 HEATHER DR 175.67 0037607207 661 BRIDLE RIDGE RD 337.59 0037602208 752 SADDLE WOOD DR 138.91 0037611001 757 MILL RUN CIR 102.21 0037611605 3801 MILL RUN CT 160.00 0037612702 3842 MILL RUN LANE 226.67 0037613304 3843 MILL RUN LANE 168.26 ra Delinquent Account Listing 0037617602 3869 CANTER GLEN LANE 98.66 0037617107 3906 CANTER GLEN DR 159.56 0011908605 1623 NORWOOD DR 276.05 0011906500 1617 SHERWOOD WAY 82.13 0011901303 4801 SHEVLIN CT 100.19 0011907052 4842 SHEFFIELD LANE 120.21 0011914900 4880 KNOTTINGHAM CIR 82.90 0011916400 1520 WELLINGTON WAY 125.39 0011919107 4773 LONDON LANE 63.58 0011919602 4784 LONDON LANE 254.49 0036702702 3262 BLACK OAK DR 227.76 0036706406 3247 RED OAK DR 249.36 0036723609 3449 ROLLING HILLS DR 257.37 0036725604 645 HILLSIDE DR 259.73 0036722403 3417 ROLLING HILLS DR 350.74 0036722304 3413 ROLLING HILLS DR 431.66 0036707701 3191 RED OAK DR 108.57 0036603306 525 CHAPEL LANE 68.47 0036115202 1656 DONALD CT 77.75 0036115301 1654 DONALD CT 265.83 0036115509 1648 DONALD CT 98.94 0036116705 1624 DONALD CT 133.98 0010600211 1454 DIFFLEY RD 240.43 0010612505 4393 PILOT KNOB RD 220.72 0012605507 2115 CLIFFHILL LANE 302.08 0012605804 2103 CLIFFHILL LANE 194.77 0012607107 2102 CLIFFHILL LANE 240.77 0012601803 4471 SCOTT TR 299.20 0012602108 2139 CLIFFVIEW DR 91.25 0012602603 2119 CLIFFVIEW DR 285.11 0012603106 2099 CLIFFVIEW DR 317.47 0012608105 4528 SCOTT TR 65.06 0012608303 4534 SCOTT TR 283.32 0012608808 4550 SCOTT TR 272.60 0012608907 4556 SCOTT TR 154.21 0012611505 4499 SCOTT TR 177.55 0023300908 4050 DIAMOND PT 264.00 0023103401 2178 GARNET PT 160.46 0023103104 2175 GARNET PT 131.41 0023100605 4146 NICOLS RD 185.70 0023100506 4152 NICOLS RD 97.53 0023107907 4172 DIAMOND DR 108.46 0023106909 4144 DIAMOND DR 287.19 0023109309 2087 GARNET LANE 352.10 0023113202 2072 OPAL DR 121.89 0023112808 2088 OPAL DR 180.00 0023112402 2106 OPAL DR 347.68 3 Delinquent Account Listing 0023111503 2082 EMERALD LANE 218.82 0023112006 2060 EMERALD LANE 317.40 0023202609 4177 TOPAZ DR 164.95 0023205206 2001 EMERALD LANE 240.84 0010400505 2002 DIFFLEY RD 154.74 0010309201 4265 SANDSTONE DR 489.71 0010308005 4266 MOONSTONE DR 92.66 0010305704 4248 JASPER DR 103.68 0010312106 2058 DIFFLEY RD 122.41 0010311405 2090 DIFFLEY RD 288.74 0010310605 2063 CORAL LANE 378.91 0010303303 4253 JASPER DR 347.37 0010301703 4265 LIMESTONE DR 214.38 0010300200 4266 AMBER DR 298,01 0010207702 4257 AMBER CT 112.15 0010207405 4263 AMBER CT 61.87 0010206902 4279 AMBER DR 53.89 0010206506 4301 AMBER DR 249.46 0010209104 4256 DIAMOND DR 282.11 0010210607 4251 DIAMOND DR 159.84 0010210201 2125 MARBLE LANE 259.18 0010100105 4206 NICOLS RD 1,371.31 0023101702 4064 NICOLS RD 145.42 0023102304 4084 DIAMOND DR 240.94 0023210107 2106 JADE LANE 197.64 0023211808 2054 CARNELIAN LANE 144.20 0023208101 2025 JADE LANE 82.92 0023307606 2082 BLUESTONE DR E 215..08 0023213903 2053 FLINT LANE 128.08 0023301500 4049 DIAMOND PT 165.39 0023304108 2101 CARNELIAN LANE 241.81 0023304009 2097 CARNELIAN LANE 291.91 0023305006 2053 BLUESTONE LANE 228.48 0023305501 2033 BLUESTONE LANE 194.11 0023305808 2021 BLUESTONE LANE 163.79 0010406700 4345 RAHN RD 96.86 0010409407 4344 SANDSTONE DR 206.28 0010409001 4323 ONYX DR 131.82 0010408102 4391 ONYX DR 209.42 0010201200 2073 QUARTZ LANE 293.55 0010203701 2106 MARBLE LANE 236.68 0010203008 2078 MARBLE LANE 197.57 0010110807 2074 QUARTZ LANE 103.63 0010110609 2066 QUARTZ LANE 129.14 0010102804 4358 NICOLS RD 76.55 0010101202 2092 SHALE LANE 125.13 0010102200 2134 SHALE LANE 81.64 0 Delinquent Account Listing 0010105609 2091 SHALE LANE 334.64 0010105104 2111 SHALE LANE 191.42 0010104602 2133 SHALE LANE 122.36 0010108702 4352 DIAMOND DR 221.63 0010108603 4346 DIAMOND DR 283.00 0010106904 2078 COPPER LANE 451.32 0023603509 1801 TURQUOISE TR 178.49 0023309107 1941 TURQUOISE TR 315.66 0023308307 3959 BERYL RD 110.37 0023505605 4058 RAHN RD 228.77 0023507700 4034 BERYL RD 460.33 0023510902 3979 MICA TR 255.85 0023511900 3967 PUMICE LANE 265.49 0023600901 1820 CINNABAR CT 118.52 0023600109 3925 MICA TR 118.52 0023803604 3966 MICA TR 152.02 0023510100 4035 AMETHYST LANE 91.25 0023509508 4058 OLIVINE DR 119.89 0023509805 4022 MICA TR 118.41 0023509904 4016 MICA TR 262.61 0023508807 4046 MICA TR 329.53 0023509003 4059 OLIVINE DR 295.51 0023508500 4064 MICA TR 181.42 0023503808 1908 CARNELIAN LANE 122.76 0023502701 1956 CARNELIAN LANE 218.50 0023707508 1789 SERPENTINE DR 100.99 0023707706 1793 SERPENTINE DR 64.32 0023702509 1776 SERPENTINE DR 120.58 0023702004 1787 GOLD CT 271.73 0023701105 1798 SERPENTINE DR 109.03 0023704703 3956 TURQUOISE CIR 194.87 0023704505 1761 TURQUOISE TR 210.27 0023607609 1778 TURQUOISE TR 165.43 0023607906 3957 PERIDOT PATH 266.86 0023912603 1766 GABBRO TR 366.24 0023912405 1770 GABBRO TR 157.74 0023801806 4001 PUMICE LANE 567.28 0023807001 1847 TACONITE TR 265.63 0023808207 4013 LIMONITE LANE 190.48 0023810203 1847 PUMICE PT 116.46 0023800709 1850 JADE LANE 394.55 0023811409 1830 CARNELIAN LANE 256.23 0023905300 4054 HALITE LANE 160.65 0023909609 1806 TACONITE TR 150.15 0023909807 1798 TACONITE TR 636.46 0023906803 1818 BLUESTONE DR E 304.40 0023907009 1806 BLUESTONE DR E 94.21 61 Delinquent Account Listing 0023907405 1790 BLUESTONE DR E 145.01 0023908601 1795 CARNELIAN LANE 69.87 0024112005 3916 RIVERTON AVE 178.17 0024111908 3924 RIVERTON AVE 153.62 0024114001 1721 COCHRANE AVE 240.15 0024101602 1745 DAVENPORT AVE 122.28 0024104804 1713 DEERWOOD DR 189.42 0024106700 1714 SARTELL AVE 98.51 0023609308 3872 CINNABAR DR 241.02 0023609407 3856 CINNABAR DR 350.33 0023710601 3820 COUNTRY CREEK WAY 227.42 0023710304 3828 COUNTRY CREEK WAY 249.62 0023709900 3842 COUNTRY CREEK WAY 216.56 0023712805 1794 SILVER BELL CIR 492.09 0023712300 1782 SILVER BELL RD 146.34 0013193909 2207 MARILYN AVE 311.53 0013195508 4939 RUSTEN RD 124.89 0013195904 4955 RUSTEN RD 430.49 0013196407 4942 RUSTEN RD 246.73 0024715104 1355 CHATTERTON RD 334.10 0038311502 497 CHAPEL CT 344.77 0011303500 1381 LAKESIDE DR 225.58 0010801306 4454 CHES MAR CIR 117.28 0011300803 1329 CHES MAR LANE 215.13 0011309408 1270 DUNBERRY LANE 171.25 0012102406 4586 CANTEBURY CIR 217.54 0012101903 4593 CANTEBURY CIR 300.32 0012101101 4590 MAPLE LEAF CIR 51.30 0012100905 4594 MAPLE LEAF CIR 74.32 0012100707 4595 MAPLE LEAF CIR 220.57 0012100103 4575 MAPLE LEAF CIR 113.12 0012109500 4568 HORIZON CIR 136.86 0012613204 4516 CINNAMON RIDGE TR 58.14 0012618401 4515B CINNAMON RIDGE TR 92.48 0012617106 4505 CINNAMON RIDGE TR 91.22 0012615605 44866 CINNAMON RIDGE TR 107.59 0012615506 4486 CINNAMON RIDGE TR 124.16 0012615209 4482B CINNAMON RIDGE TR 77.14 0012621801 4594 CINNAMON RIDGE TR 306.85 0012622304 4578 CINNAMON RIDGE TR 195.68 0012622403 4576 CINNAMON RIDGE TR 80.41 0012623302 4548 CINNAMON RIDGE TR 189.70 0012623807 4534 CINNAMON RIDGE TR 124.56 0012618906 4504 SLATER RD 157.38 0012627600 4481 SLATER RD 224.78 0012628202 4461 SLATER RD 73.37 0012624201 4431 SLATER RD 176.20 R: Delinquent Account Listing 0012624300 4429 SLATER RD 215.82 0012625703 4416 SLATER RD 84.47 0012631602 4469 CINNAMON RIDGE CIR 309.40 0012631404 4463 CINNAMON RIDGE CIR 93.63 0012630109 4425 CINNAMON RIDGE CIR 139.56 0012629804 4415 CINNAMON RIDGE CIR 91.34 0012631701 4470 CINNAMON RIDGE CIR 184.18 0012632501 4410 CINNAMON RIDGE CIR 246.83 0012632667 4462 CINNAMON RIDGE TR 248.44 0012632741 4448 CINNAMON RIDGE TR 56.00 0012632766 4444 CINNAMON RIDGE TR 233.21 0012632824 4434 CINNAMON RIDGE TR 188.48 0012632857 4428 CINNAMON RIDGE TR 273.24 0012632881 4422 CINNAMON RIDGE TR 195.89 0012632907 4418 CINNAMON RIDGE TR 307.25 0012632964 4408 CINNAMON RIDGE TR 360.63 0012633020 4396 CINNAMON RIDGE TR 206.46 0012633103 4378 CINNAMON RIDGE TR 221.50 0012633046 4370 CINNAMON RIDGE TR 254.25 0011602802 4535 LENORE LANE 83.78 0011602406 1850 BEECHER DR 273.38 0013200902 1860 CLIFF LAKE CT 107.12 0010814903 4557 CLIFF RIDGE CT 206.40 0036144004 1613 RAINDROP DR 73.88 0036144806 1595 RAINDROP DR 168.15 0036145407 3220 EVERGREEN DR 152.83 0036146207 3236 EVERGREEN DR 296.40 0036146306 3238 EVERGREEN DR 217.02 0036146702 1595 SNOWFLAKE DR 157.58 0036112589 3147 FARNUM DR 307.69 0036112795 3103 FARNUM DR 163.79 0036121200 3140 FARNUM DR 106.91 0036120509 3146B FARNUM DR 170.45 0036119410 3154 FARNUM DR 77.93 0036148203 3122 FARNUM DR 157.54 0037501202 4179 COUNTRYSIDE DR 255.85 0037501400 4185 COUNTRYSIDE DR 91.75 0037502804 612 AUTUMN OAKS CT 131.07 0037502705 616 AUTUMN OAKS CT 190.17 0037506706 4167 PRAIRIE RIDGE RD 249.71 0037506300 4151 LANTERN LANE 178.71 0037509700 592 PRAIRIE CIR W 92.66 0037504107 4142 LANTERN LANE 266.51 0038208005 4161 COUNTRYVIEW DR 233.58 0036307908 2988 PILOT KNOB RD 97.86 0036311306 2998 BURNSIDE AVE 89.37 0036310704 2950 BURNSIDE AVE 297.21 7 Delinquent Account Listing 0036308401 1310 AVALON AVE 217.25 0036310209 2835 BURNSIDE AVE 116.61 0036313609 2841 VI LAS LANE 188.39 0038203709 574 EDEN CIR 132.26 0038211702 4064 PRAIRIE RIDGE RD 117.55 0037514973 644 WELLAND CT 124.09 0038212502 4127 LANTERN LANE 135.59 0038209508 4083 PRAIRIE RIDGE RD 107.59 0038229803 524 FROMME CT 121.99 0038231304 3874 MERSEY WAY 285.06 0038243200 511 WAVE NEY CT 123.87 0038244109 521 SEVERN WAY 104.84 0038247300 565 COVENTRY PKWY 215.39 0038248407 609 COVENTRY PKWY 528.66 0038315503 633 CRANE CREEK LANE 180.33 0038317905 586 CRANE CREEK LANE 98.25 0024904104 1264 DUCKWOOD DR 160.41 0024903908 1272 DUCKWOOD DR 224.60 0024903205 3616 DENMARK AVE 126.57 0024905309 3612 CROSSROAD CT 119.60 0024905200 3614 CROSSROAD CT 177.91 0025310202 1432 CUTTERS LANE 476.42 0025311507 1422 ROCKY LANE 204.89 0025310962 1454 ROCKY LANE 133.19 0025310988 1446 ROCKY LANE 245.43 0089910695 4610 BLACK WOLF RUN 290.41 0089910520 1316 SHADOW CREEK CURVE 259.26 0089910965 4630 CROOKED STICK CT 64.80 0037719804 3912 DANBURY TR 135.34 0025616202 4165 CASHELL GLEN 268.12 0025660200 1587 ANTLER PT 127.75 0025610809 4071 BEAVER DAM RD 102.74 0025633702 1863 RUBY CT N 285.71 0089908030 643 PARKSIDE CT 237.01 0089907555 4920 PARKSIDE CIR 155.72 0089908455 654 PARKSIDE CT 293.36 0036407708 1382 QUARRY LANE 147.05 0036407401 1358 QUARRY LANE 108.58 0036404507 3153 JURDY CT N 179.75 0036404804 3171 JURDY CT N 192.23 0036404903 3177 JURDY CT N 116.50 0036402204 1341 JURDY RD 83.29 0036401917 1352 JURDY RD 132.52 0036406114 3200 JURDY CT S 69.01 0036406106 3202 JURDY CT S 101.03 0036406015 3206 JURDY CT S 273.84 0036405918 3210 JURDY CT S 125.06 8 Delinquent Account Listing 0036405306 1380 JURDY RD 110.64 0024339103 3780 DREXELCT 281.98 0024337305 1320 DRESDEN CT 254.86 0024337800 1360 DRESDEN CT 119.02 0024606501 1179 KITTIWAKE CIR 290.92 0024604100 3552 WIDGEON WAY 226.55 0089909230 511 CLASSIC CT 713.43 0025719501 4177 OLD SIBLEY MEM HWY 197.28 0025721002 2217 LIBERTY LANE 137.35 0038276507 810 EAGAN OAKS LANE 185.19 0038272803 1288 PROMENADE PL 12,212.97 0012034609 2033 ROYALE DR 122.24 0012036505 2096 ROYALE CT 273.20 0038284709 3020 DENMARK AVE 99.16 0012904603 4465B CLOVER LANE 195.72 0012904900 4467B CLOVER LANE 118.17 0012905303 44738 CLOVER LANE 170.74 0012906301 44898 CLOVER LANE 188.38 0012906400 4491 CLOVER LANE 164.05 0012906707 4495 CLOVER LANE 324.25 0012904009 4464 CLOVER LANE 100.43 0012902508 4490B CLOVER LANE 147.16 0012902300 4492 CLOVER LANE 214.02 0012911509 4448 CLOVER LANE 437.72 0012910501 4447B CLOVER LANE 523.75 0012909503 4431 CLOVER LANE 181.36 0025503202 4195 LEXINGTON WAY 157.27 0010602803 4236 SEQUOIA DR 50.61 0010603108 4233 SEQUOIA DR 405.63 0010603405 4242 LODGEPOLE DR 183.20 0010608404 1406 BALSAM ST 70.26 0010606200 4353 SEQUOIA DR 215.06 0010607109 4393 SEQUOIA DR 180.46 0012236105 4461 FAWN RIDGE TR 71.91 0012239208 4483 WHITETAIL WAY 305.32 0012238705 4469 WHITETAIL WAY 56.80 0012240008 4474 WHITETAIL WAY 281.95 0012240701 4476 REINDEER LANE 123.87 0012239505 732 HAY LAKE RD N 144.84 0012239406 736 HAY LAKE RD N 126.18 0012242707 4500 WHITETAIL WAY 188.79 0012262507 4508 WHITETAIL WAY 121.99 0025718909 1827 JOURDAN CT 724.81 0038264602 3809 NORTH RIDGE DR 127.48 0038298709 906 HYLAND CT 526.04 0038301701 842 GOVERN CIR 432.20 0038288908 894 OAK CT 183.52 9 Delinquent Account Listing 0038289104 886 OAK CT 125.28 0038302808 826 BALD LAKE CT 145.76 0038304101 3861 BIG TIMBER TR 285.52 0038304507 3877 BIG TIMBER TR 174.60 0012205001 745 GOLDEN MEADOW RD 412.07 0037203007 3795 GREENSBORO DR 466.70 0038241303 861 GREAT OAKS TR 438.98 0038241402 857 GREAT OAKS TR 145.79 0023902000 4106 BLACKHAWK RD 210.21 0025724006 1779 TALON TR 187.23 0025724105 1775 TALON TR 130.29 0025724303 4172 RAPTOR RD 90.70 0025724600 4160 RAPTOR RD 157.67 0025724907 4148 RAPTOR RD 224.02 0025725805 1715 TALON TR 105.87 0025727405 1756 TALON TR 330.16 0025727801 1740 TALON TR 91.60 0025728205 1724 TALON TR 443.63 0025102609 3530 COACHMAN RD 101.31 0025100603 3497 ST CHARLES PL 294.76 0025104605 1609 BOARDWALK 159.93 0025104902 1621 BOARDWALK 135.23 0025105008 1625 BOARDWALK 182.74 0025105107 1629 BOARDWALK 238.23 0025105206 1633 BOARDWALK 185.32 0025111303 3569 BALTIC AVE 233.11 0025110404 1601 PACIFIC AVE 144.44 0036607505 645 RITA CT 245.31 0036607901 3220 RANDOM RD 126.10 0036605707 3325 WREN LANE 323.91 0036605806 3326 WREN LANE 104.42 0036605905 3318 WREN LANE 97.92 0036606002 3310 WREN LANE 103.24 0036605301 3320 ROLL LANE 310.41 0013127808 4321 DORCHESTER CT 310.02 0013154307 4288 DARTMOUTH CT 206.42 0013152509 554 HAWTHORNE WOODS DR 374.70 0013152905 538 HAWTHORNE WOODS DR 141.99 0013134804 4269 ROSEMARY CT 374.91 0036300507 1440 HIGHVIEW AVE 131.54 0023916406 4186 SOUTH MEADOWLARK RD 90.44 0023916307 4188 SOUTH MEADOWLARK RD 98.92 0023916604 4180 SOUTH MEADOWLARK RD 61.33 0023917107 4166 MEADOWLARK WAY 184.78 0023918105 4150 MEADOWLARK WAY 142.22 0023918501 4142 MEADOWLARK WAY 338.43 0036800209 3885 STONEBRIDGE DR N 70.60 10 Delinquent Account Listing 0036803401 3816 FAIRHAVEN RD 119.71 0036803302 3820 FAIRHAVEN RD 189.19 0036804607 3911 WORCHESTER DR 266.91 0036804003 3887 WORCHESTER DR 309.65 0036811305 3884 STONEBRIDGE DR N 69.19 0036822203 721 BRADFORD CIR 184.12 0036821007 739 CHESHIRE CT 50.70 0036813806 4017 STONEBRIDGE DR S 239.51 0036814804 4045 STONEBRIDGE DR S 89.39 0037510401 4086 FOXMOORE CT 221.72 0037513801 4101 BAFFIN BAYS 101.75 0038217105 719 CAMBERWELL DR 184.87 0024408502 4162 PILOT KNOB RD 289.73 0036408029 1335 TOWERVIEW RD 145.63 0024461204 4020 HOSFORD HILLS RD 164.73 0012016614 2086 KINGS RD 143.17 0012305504 4722 PENKWE CIR 366.34 0012305801 1652 COVINGTON LANE 110.34 0012306304 4666 PENKWE WAY 53.34 0012306809 4676 PENKWE WAY 141.34 0012307609 1649 COVINGTON LANE 228.61 0012300208 1684 COVINGTON LANE 89.59 0012300604 4699 RIDGE CLIFFE DR 253.86 0012301107 4693 RIDGE CLIFFE DR 96.18 0012301305 4677 RIDGE CLIFFE DR 202.90 0012302501 4676 RIDGE CLIFFE DR 170.89 0012302709 4684 RIDGE CLIFFE DR 238.74 0012303400 4658 RIDGE CLIFFE DR 241.29 0012309001 4647 RIDGE CLIFFE DR 123.33 0012312005 4621 PENKWE WAY 117.44 0012311809 4623 PENKWE WAY 104.87 0012313706 4607 PENKWE WAY 318.35 0012314605 4646 PENKWE WAY 150.50 0012314902 4644 1/2 PENKWE WAY 141.40 0012315008 4620 1/2 PENKWE WAY 136.02 0012316006 4608 1/2 PENKWE WAY 104.97 0012318309 4616 1/2 RIDGE CLIFFE DR 315.04 0036107209 3302 DONALD AVE 495.51 0036107605 3318 DONALD AVE 288.83 0089908335 1409 VINCE TR 262.51 0024465908 1434 KINGS WOOD RD 317.91 0024465106 1459 KINGS WOOD LANE 159.46 0036309508 2890 FAIRLAWN PL 181.17 0012403408 4585 LAKE PARK DR 390.42 0012206900 627 ATLANTIC HILL DR 135.16 0012205209 670 ATLANTIC HILL DR 341.32 0012205506 650 ATLANTIC HILL DR 268.36 11 Delinquent Account Listing 0012208302 582 MICHIGAN CT 147.65 0013131602 605 MCFADDENS TR 185.26 0036434207 3085 SHIELDS DR 178.87 0036109007 3391 DONALD AVE 64.14 0036105617 3240 HERITAGE LANE 98.14 0037401403 4025 NORTHVIEW TER 226.78 0037401700 4037 NORTHVIEW TER 146.69 0037016607 1063 HUMMINGBIRD LANE 121.00 0037010600 3658 BLUE JAY WAY 87.09 0037021706 3660 CANARY WAY 273.40 0037020104 3680 FALCON WAY 461.78 0037018900 3695 FALCON WAY 156.62 0037018504 3679 FALCON WAY 347.56 0012428801 941 CURRY TR 228.40 0012429502 4354 BRADDOCK TR 179.39 0012435103 933 JEFFERSON LANE 91.63 0012436101 4452 HAMILTON DR 241.77 0012437604 4329 LIVINGSTON DR 217.03 0037703402 3841 PRINCETON CIR 111.99 0037711801 3869 GIBRALTAR TR 149.28 0037708005 1043 BRIAR CREEK RD 592.08 0037707700 1031 BRIAR CREEK RD 234.50 0037710209 1030 BRIAR CREEK RD 145.20 0037709201 1070 BRIAR CREEK RD 150.43 0037710902 1057 KETTLE CREEK RD 154.31 0037710803 1053 KETTLE CREEK RD 267.18 0037706900 3876 GIBRALTAR TR 134.12 0037718707 1026 SAVANNAH RD 88.39 0037717600 1055 SAVANNAH RD 69.19 0037716800 1023 SAVANNAH RD 243.92 0037811809 3869 DANBURY TR 455.68 0037715307 959 SAVANNAH RD 276.90 0037802600 978 TICONDEROGA TR 119.07 0037801909 1006 TICONDEROGA TR 257.90 0037801602 1012 TICONDEROGA TR 267.85 0037801503 1014 TICONDEROGA TR 414.58 0037803608 931 SAVANNAH RD 125.21 0037814902 1003 KETTLE CREEK RD 114.71 0037814605 991 KETTLE CREEK RD 148.71 0037817509 983 STONY POINT RD 276.82 0012460903 4403 HAMILTON DR 268.80 0012462008 4392 HAMILTON DR 335.17 0013146105 976 WILDFLOWER CT 449.86 0013145503 997 WILDFLOWER CT 315.72 0013145701 989 WILDFLOWER CT 156.66 0013147608 1051 WALNUT RIDGE DR 144.62 0013149703 4331 JENNIFER CT 340.59 12 Delinquent Account Listing 0013178603 1005 TRILLIUM CT 372.87 0089907335 526 BROOKLYN CT 190.11 0013284104 551 CAYLIN CT 422.95 0037008703 3486 DODD RD 90.08 0089911000 1803 ELLIE CT 64.10 0013221908 538 MAJESTIC OAKS CT 157.27 0013222005 534 MAJESTIC OAKS CT 129.87 0013245204 4528 MAJESTIC OAKS PL 284.34 0013245501 4540 MAJESTIC OAKS PL 508.38 0011117702 1654 WOODGATE LANE 154.48 0011115409 1626 MALLARD DR 80.41 0011123007 4387 WOODGATE LANE N 79.49 0011122900 4383 WOODGATE LANE N 250.89 0011123700 1754 DRAKE DR 210.66 0011112398 1746 DRAKE DR 217.37 0011112497 1757 DRAKE DR 68.86 0011125507 4354 WOOD DUCK CIR 298.32 0011126109 4334 WOODGATE LANE N 62.49 0011126703 4310 WOODGATE LANE N 307.21 0013206909 4304 PINTAIL CT 255.58 0013209705 1713 BRANT CIR 369.53 0013211503 1785 BRANT CIR 266.15 0023408719 1995 GOLD TR 191.65 0023408701 1993 GOLD TR 337.42 0036504306 1037 KENNETH ST 88.21 0036504603 1049 KENNETH ST 60.70 0036506301 1046 KENNETH ST 152.49 0036507903 1077 BEATRICE ST 109.89 0036507606 1065 BEATRICE ST 210.14 0036508307 1070 BEATRICE ST 124.02 0036510303 1069 MCKEE ST 106.65 0036511004 1060 MCKEE ST 93.08 0036512101 1061 KEEFEST 229.54 0036502706 2888 LEXINGTON AVE S 229.62 0036513208 1052 KEEFEST 118.61 0036105401 3363 HERITAGE LANE 275.93 0011704509 1961 TIMBER WOLF TR N 349.27 0011710308 1948 BEAVER DAM CT 94.65 0011701802 1977 BADGER CT 302.29 0011714300 4353 BEAR PATH TR 144.86 0011706108 1938 TIMBER WOLF TR N 51.43 0011707502 1971 TIMBER WOLF TR S 730.02 0011714607 4349 BEAVER DAM RD 122.62 0011715307 1976 SHALE LANE 63.22 0025668906 1685 DONEGAL CT 466.44 0025671702 3970 DONEGAL WAY 320.91 0025696204 1611 TRAMORE PL 420.59 13 Delinquent Account Listing 0015507700 681SHELERUD DR 71.96 0025730003 2110 CEDAR GROVE TR 228.05 0025730904 2128 CEDAR GROVE TR 236.29 0025731209 2134 CEDAR GROVE TR 238.27 0025731704 2144 CEDAR GROVE TR 167.76 0089909090 2135 CEDAR GROVE TR 99.25 0089909000 2129 CEDAR GROVE TR 144.69 0089909075 2143 CEDAR GROVE TR 91.23 0089909075 2143 CEDAR GROVE TR 97.53 0089909060 2147 CEDAR GROVE TR 175.78 0089909405 2151 CEDAR GROVE TR 51.64 0089908995 3987 CEDAR GROVE LANE 133.38 0089909670 3981 CEDAR GROVE LANE 100.96 0089909475 3971 CEDAR GROVE LANE 259.93 0012215703 4215 VALLEY FORGE PL 231.88 0012215406 4202 VALLEY FORGE PL 191.32 0012212619 4201 TRENTON RD 106.80 0012223301 4279 VALLEY FORGE PL 412.96 0012223806 4282 VALLEY FORGE PL 209.22 0012224200 4289 TRENTON TR 189.61 0012221701 4292 TRENTON TR 225.67 0012222303 4274 MACLAREN PL 94.86 0012213500 824 YORKTOWN PL 97.16 0012228102 4306 TRENTON TR 112.04 0010808103 4565 OAK CHASE CIR 131.27 0012633400 4725 OAK CLIFF DR 277.73 0012633905 2243 MAHOGANY WAY 55.41 0012637807 2248 JAMES ST 81.88 0025679002 4102 JOHNNY CAKE RIDGE RD 85.07 0025679200 4094 JOHNNY CAKE RIDGE RD 220.32 0025680109 4058 JOHNNY CAKE RIDGE RD 158.90 0025680109 4058 JOHNNY CAKE RIDGE RD 64.83 0025685108 4108 OAKBROOKE TR 115.07 0025688904 1688 OAKBROOKE WAY 156.74 0025692906 1630 OAKBROOKE DR 256.66 0025706003 1688 OAKBROOKE CT 84.47 0025703901 1570 OAKBROOKE TER 453.64 0025715301 4119 OAKBROOKE CURVE 277.28 0025715608 4113 OAKBROOKE CURVE 60.41 0025716101 4130 OAKBROOKE CURVE 129.53 0013216205 1900 RIDGECREST CIR 263.02 0013216304 1896 RIDGECREST CIR 101.85 0038322509 3035 HOLIDAY LANE 3,429.62 0038325700 3035 HOLIDAY LANE 293.66 0012132007 4425 LYNX CT 231.81 0012134508 784 COUGAR DR 249.85 0012134706 778 COUGAR DR 333.69 14 Delinquent Account Listing 0012134805 780 COUGAR DR 85.47 0012134904 768 COUGAR DR 152.27 0012135000 770 COUGAR DR 50.31 0013237706 907 OAKWOOD HEIGHTS CIR 207.11 0036212603 3046 PINE RIDGE DR 126.34 0036213205 3004 PINE RIDGE DR 77.26 0036215002 1508 MCCARTHY RD 77.26 0036212306 3069 CHERRYWOOD CT 98.34 0036213700 3061 PINE RIDGE DR 83.14 0036209401 1556 RED CEDAR RD 213.70 0012210308 4546 HAY LAKE RD S 142.76 0012212304 4531 HAY LAKE RD S 53.06 0012212007 4539 HAY LAKE RD S 131.59 0012280970 4513 HAY LAKE RD S 430.04 0012280954 4505 HAY LAKE RD S 420.06 0012280673 659 OVERHILL RD 406.75 0012280855 689 HAY LAKE RD N 183.36 0013000906 4631 PARKRIDGE DR 69.73 0013001409 4649 PARKRIDGE DR 127.71 0013002100 4618 PARKRIDGE DR 141.83 0013017801 4686 PARKRIDGE DR 175.82 0013015607 4659 PARKRIDGE DR 285.25 0012833406 4778 GALAXIE AVE 155.84 0012826806 4742 PONDVIEW DR 298.98 0012827101 4725 RIDGE WIND TR 138.60 0012822607 4723 NARVIK DR 131.37 0012825709 1851 COVINGTON LANE 110.31 0012825907 1860 COVINGTON LANE 185.03 0012828604 4736 RIDGE WIND TR 157.12 0038323408 664 LEONARD LANE 243.35 0024325508 3729 DENMARK CT W 207.30 0024324501 3757 DENMARK TR W 286.32 0024340705 3656 PINECREST CT 83.65 0013223102 4921 PINE LANE 352.61 0013227608 4920 PINE LANE 123.07 0013235809 4655 PINETREE CURVE 249.95 0013246707 1517 COVINGTON LANE 351.72 0013248406 1492 SHERWOOD WAY 143.19 0013189105 4808 WESTON HILLS DR 397.86 0013190103 4821 WESTON HILLS DR 106.55 0013192000 535 WHITE PINE WAY 328.10 0036205201 2888 SIBLEY HILLS DR 191.45 0025660812 3565 PILOT KNOB RD 64.17 0025660804 3565 PILOT KNOB RD 192.37 0036232601 1563 SKYLINE TR 207.40 0012026209 2017 PIN OAK DR 50.00 0012031407 2012 VIENNA LANE 72.51 15 Delinquent Account Listing 0012028007 2021 VIENNA LANE 113.95 0012028106 2023 VIENNA LANE 109.82 0012702106 4658 BAMBLE CIR 344.12 0012708707 4759 NARVIK DR 326.38 0012711305 4611 LENORE LANE 274.28 0012711602 4631 LENORE LANE 103.82 0012711909 4655 LENORE LANE 115.66 0012712808 1846 KARIS WAY 119.77 0012714002 1801 COVINGTON LANE 196.96 0012802609 4715 LU N D PT 116.63 0012803706 1740 KARIS WAY 71.75 0012802807 4725 LUND PT 218.07 0012800801 4722 ANNE PT 194.76 0012808002 4685 ALTA PT 175.80 0012806501 4688 HORTEN PT 131.07 0012804704 4691 H I RTA PT 63.05 0012809406 4673 SORREL PT 122.01 0012810107 4679 TRAVERSE PT 103.41 0012812905 1807 KARIS WAY 103.72 0012813903 4690 LENORE LANE 218.60 0012820205 4708 SNOWBELL PT 211.70 0012819306 4704 HIDDEN PT 200.36 0012818407 4702 GRENADA PT 203.79 0012819009 4703 HIDDEN PT 73.98 0012817607 4702 MARKHAM PT 186.99 0012817409 4703 MARKHAM PT 102.34 0012817300 4707 MARKHAM PT 118.19 0012816609 4711 THRUSH PT 114.46 0012816005 1794 COVINGTON LANE 134.68 0012808804 1757 KARIS WAY 183.73 0036230506 1590 STEPHANIE CIR 226.99 0023416308 1757 CRESTRIDGE LANE 106.87 0036202604 2954 SIBLEY MEMORIAL HWY 711.44 0011204609 4319 METCALF DR 93.67 0011206703 4336 MEDARY AVE 778.28 0011206000 2259 CLARK CT 105.73 0036307700 2987 PILOT KNOB RD 229.07 0023418601 3710 KNOLL RIDGE DR 310.28 0036202802 1581 RUSTIC HILLS DR 73.99 0012001608 4905 SAFARI CT S 264.78 0012004602 4860 SAFARI PASS 60.93 0012002309 1947 SAFARI TR 366.32 0012002408 1943 SAFARI TR 108.56 0013222609 2005 SAFARI TR 167.32 0013106901 2019 SAFARI HEIGHTS TR 201.25 0013107404 2039 SAFARI HEIGHTS TR 215.24 0024805004 1230 TANANGER CT 288.78 16 Delinquent Account Listing 0038333100 3165 DONEENE LANE 147.45 0036608800 629 SALLY CIR 187.31 0036608206 616 SALLY CIR 182.97 0012128500 910 SUDBERRY LANE 226.75 0025603705 1434 APPALOOSA TR 371.40 0025605403 1408 HORSESHOE CIR 144.64 0025603002 3943 CLIPPERS RD 323.80 0035500305 3207 SIBLEY MEMORIAL HWY 250.68 0025502303 1390 ROCKY LANE 115.06 0036903003 3735 SOUTH HILLS DR 154.06 0011622750 4550 ACORN ST 75.36 0013235908 4509 ALICIA DR 228.04 0037105103 4188 READING 405.16 0037105608 4154 PENNSYLVANIA AVE 138.22 0037106606 4114 PENNSYLVANIA AVE 90.15 0037107406 4080 PENNSYLVANIA AVE 115.41 0037107604 4072 PENNSYLVANIA AVE 70.03 0037109600 866 VENTNOR AVE 58.99 0037109402 4158 BRADDOCK TR 61.39 0037101201 4108 STATES AVE 82.99 0037108008 4085 PENNSYLVANIA AVE 204.01 0037102001 4079 STATES AVE 145.88 0037102308 4087 VERMONT AVE 260.45 0037102902 4107 STATES AVE 394.44 0037110400 835 VENTNOR AVE 165.08 0037116902 4036 PENNSYLVANIA AVE 307.28 0037118007 828 NORTHVIEW PARK RD 214.88 0037117603 844 NORTHVIEW PARK RD 190.95 0038254306 701 GRANITE DR 101.54 0025200908 1482 FEDERAL CT 212.61 0025203100 1406 BLACKHAWK LAKE DR 191.36 0025201906 1511 LAKEVIEW CURVE 300.50 0025221904 1566 LAKEVIEW CURVE 213.08 0025222803 1559 LAKEVIEW CURVE 387.40 0089908265 3571 SPRINGWOOD PATH 112.63 0089908315 3582 SPRINGWOOD PATH 185.47 0089908645 3544 SAWGRASS TR W 107.81 0089909525 3585 SAWGRASS TR E 138.96 0089909030 970 MAPLE TRAIL CT 259.03 0089909285 3538 SAWGRASS TR E 62.89 0089910025 3519 SAWGRASS TRAIL E 147.87 0089910420 3429 CHESTNUT LANE 72.28 0089910505 3440 CHESTNUT LANE 129.88 0089910280 3428 CHESTNUT LANE 140.18 0089910715 3467 CHESTNUT LANE 91.94 0089910735 3473 CHESTNUT LANE 314.12 0089910780 1106 STATION TR 136.39 17 Delinquent Account Listing 0013113501 4428 SUMMER CT 217.57 0013263009 1622 SUMMIT HILL 124.97 0011716909 1880 DEER HILLS TR 492.81 0011717105 1876 DEER HILLS TR 289.08 0011717204 4235 SUNRISE RD 387.26 0011717303 4237 SUNRISE RD 189.11 0011717501 4241 SUNRISE RD 247.22 0011719804 4297 SUNRISE RD 365.61 0011721206 4294 BEAVER DAM RD 348.27 0011721305 4292 BEAVER DAM RD 59.46 0011722204 4257 SUN CLIFF RD 120.48 0011723608 1885 SUNRISE CT 327.96 0011726700 4299 SUN CLIFF RD 82.08 0011726908 4291 SUN CLIFF RD 426.09 0011727104 4281 SUN CLIFF RD 438.83 0011727609 1900 BEAR PATH TR 232.53 0011727708 1898 BEAR PATH TR 59.80 0011728904 1871 BEAR PATH TR 276.87 0011732609 4350 FOX RIDGE CT 129.46 0011743804 1885 DEER HILLS TR 248.48 0011742509 4291 EAGLE CREST DR 455.65 0011735107 4302 FOX RIDGE RD 110.35 0011737509 4281 FOX RIDGE RD 565.27 0037905700 3686 WESCOTT HILLS DR 218.73 0012231007 794 SUNSET DR 141,90 0012232807 774 YORKTOWN PL 410.74 0012247300 4250 AUGUSTA LANE 297.69 0012245007 4359 YORKTOWN DR 116.48 0012245205 4371 YORKTOWN DR 289.38 0012246401 4346 YORKTOWN DR 267.05 0012246104 4364 YORKTOWN DR 191.20 0024207706 3462 GREENWOOD CT S 224.02 0024204406 1524 GREENWOOD CT N 561.69 0024204505 1522 GREENWOOD CT N 220.35 0024203705 1538 GREENWOOD CT N 241.80 0024211203 1480 WOODVIEW AVE E 83.78 0024210700 1486 WOODVIEW AVE E 149.62 0024208704 1517 WOODVIEW AVE W 58.23 0024212805 3411 HIGHLANDER DR 108.28 0024213209 3421 HIGHLANDER DR 215.86 0024213407 3425 HIGHLANDER DR 285.54 0024213605 3429 HIGHLANDER DR 173.69 0024214504 3449 HIGHLANDER DR 91,98 0024215105 3454 HIGHLANDER DR 412.19 0024215204 3456 HIGHLANDER DR 175.15 0013290002 4808 SYCAMORE CT 58.01 0089907100 1712 TERRA GLENN CT 427.46 18 Delinquent Account Listing 0012022109 1975 COVINGTON LANE 90.29 0012022208 1989 SAFARI TR 566.20 0012022802 1966 SAFARI TR 384.20 0012022901 1964 SAFARI TR 50.00 0012023107 4883 SAFARI PASS 162.37 0012535308 1614 CLEMSON DR 128.77 0038000501 3795 BRIARWOOD LANE 116.15 0038004404 3607 WOODLAND TR 101.09 0038003000 808 PROMONTORY PL 139.15 0038006904 3752 WOODLAND TR 186.79 0038012209 3761 BAYBERRY LANE 370.56 0038011201 3783 LINDEN LANE 102.44 0038010005 3770 LINDEN LANE 354.58 0038257903 3551 WOODLAND TR 363.42 0012505004 1515 CLEMSON DR 109.37 0012515003 1546 CLEMSON DR 249.07 0012518502 1588 CLEMSON DR 133.15 0012518908 1592 CLEMSON DR 174.17 0012508602 1564B BAYLOR CT 140.55 0012511101 1575B CLEMSON DR 111.58 0024306805 3637 DENMARK AVE 98.70 0024305203 3667 DENMARK AVE 144.26 0024301905 3660 KOLSTAD RD 94.09 0024301301 3650 KOLSTAD RD 188.14 0024321200 1277 TIMBERSHORE LANE 610.79 0024309106 1282 TIMBERSHORE LANE 88.42 0024314205 1165 TIMBERSHORE LANE 100.13 0024314700 1173 TIMBERSHORE LANE 453.96 0024314809 1175 TIMBERSHORE LANE 141.40 0024315905 1193 TIMBERSHORE LANE 155.21 0024316606 1203 TIMBERSHORE LANE 118.87 0024316903 1209 TIMBERSHORE LANE 104.03 0024313306 1164TIMBERSHORE LANE 199.42 0012018305 2148 NANCY CIR 301.41 0024010803 1753 BLUEBILL DR 69.02 0024008906 1734 BLUEBILL DR 168.90 0024009102 1738 BLUEBILL DR 67.70 0024013609 3784 GOLDEN HILL TER 183.90 0024004806 1750 FLAMINGO DR 352.87 0024006504 1751 FLAMINGO DR 177.55 0024007106 1741 FLAMINGO DR 69.91 0024004004 1732 FLAMINGO DR 420.34 0024007700 3781 RED ROBIN LANE 164.85 0024000705 3786 RED ROBIN LANE 193.54 0036300101 1410 SKYLINE RD 58.67 0036300101 1410 SKYLINE RD 76.70 0036300200 1414 SKYLINE RD 157.17 19 Delinquent Account Listing 0036300218 1420 SKYLINE RD 291.77 0035501410 1426 SKYLINE RD 82.06 0035501808 1436 SKYLINE RD 570.86 0035501501 1428 SKYLINE RD 174.32 0013004403 4844 ERIKS BLVD 100.54 0013008008 1466 RICHARDS CT 336.20 0036302305 1473 HIGHVIEW AVE 272.60 0036302909 1470 HIGHVIEW AVE 191.26 0036304103 1477 BRIDGEVIEW AVE 178.77 0012007704 2065 PIN OAK DR 150.20 0012007605 2059 PIN OAK DR 164.69 0012007506 2053 PIN OAK DR 287.68 0012007308 2041 PIN OAK DR 221.84 0012009205 4725 OAK WAY 220.12 0012016101 2062 VIBURNUM TR 373.81 0012014205 2048 KINGS RD 336.07 0012122107 4458 WEDGWOOD DR 248.19 0012125407 959 WATERFORD DR W 234.89 0012121604 1014 WEDGWOOD LANE N 134.79 0012120408 1021 WEDGWOOD LANE S 196.35 0012122503 1011 WEDGWOOD LANE N 252.06 0025623901 4167 ARBOR LANE 63.65 0025621103 4134 ARBOR LANE 89.63 0025618604 4115 CASHELL GLEN 106.89 0025618604 4115 CASHELL GLEN 95.80 0089907925 870 TRAILS END RD 237.52 0037020906 3683 CANARY WAY 229.30 0024514903 3805 WESTBURY LANE 311.27 0024511800 3945 WESTBURY DR 174.78 0024511909 3951 WESTBURY DR 351.98 0024516502 3836 WESTBURY LANE 80.58 0024561201 3861 WESTBURY LANE 279.07 0024519001 1166 WESTBURY KNOLL 251.22 0024521304 3912 WESTBURY WAY 308.56 0038224002 891 IVY LANE 97.75 0013136205 509 WESTON HILLS CT 185.48 0013136502 521 WESTON HILLS CT 65.26 0013137500 524 WESTON HILLS CT 370.91 0013138706 4667 BRISTOL BLVD 162.11 0013139100 4691 BRISTOL BLVD 550.83 0013141106 4688 BRISTOL BLVD 311.86 0013167309 4701 STRATFORD LANE 242.17 0013168802 516 WESTON HILLS PL 144.15 0013124201 4205 THOMAS LAKE RD 401.19 0013159801 4259 WEXFORD WAY 277.05 0013162607 1600 WEXFORD CIR 253.04 0012645305 4813 WHISPERING CT 207.24 20 Delinquent Account Listing 0013173604 4865 FOUR SEASONS DR 328.82 0013198700 4944 SLATER RD 123.21 0089908630 4916 WHISPERING WAY 205.83 0013219100 4940 WHISPERING WAY 74.37 0010914703 1255 CARLSON LAKE LANE 107.93 0010915809 1236 CARLSON LAKE LANE 135.54 0010910909 1219 BALSAM TR E 352.35 0011506201 4304 KAUFMANIS WAY 91.13 0010701001 4395 GARDEN TR 129.10 0010701100 4391 GARDEN TR 80.57 0010701704 1384 AMARYLLIS LANE 460.02 0010703908 1386 CLEOME LANE 76.52 0010700904 4396 GARDEN TR 292.40 0010700508 4374 GARDEN TR 439.35 0010700300 4360 GARDEN TR 224.13 0010805406 1269 VILDMARK DR 184,71 0010806008 1289 VILDMARK DR 234.17 0010704906 4326 GARDEN TR 50.04 0010705408 1348 COSMOS LANE 300.47 0010707602 4353 SVENSK LANE 225.57 0010711109 1290 CARLSON LAKE LANE 367.42 0010711505 4357 DUNROVIN LANE 166.94 0010900504 1384 BALSAM ST E 257.76 0010900702 1376 BALSAM ST E 231.52 0010900900 1366 BALSAM ST E 155.56 0010901502 4296 SVENSK LANE 277.08 0010907806 4251 CARLSON LAKE LANE N 226.58 0010903102 1370 SIGFRID ST E 330.93 0010902302 1355 BALSAM ST E 280.25 0010905107 1346 EASTER LANE 216.58 0010904704 1358 EASTER LANE 67.33 0010906501 1395 SIGFRID ST E 670.73 0011402104 4263 MALMO LANE N 190.55 0038237400 3694 WILLBROOK CT 179.01 0024333908 3864 DENMARK AVE 185.32 0024333809 3866 DENMARK AVE 219.88 0024336208 3809 DEERCLIFF CT 217.06 0024335903 3822 DEERCLIFF CT 234.03 0024335606 3836 DEERCLIFF CT 86,50 0024335606 3836 DEERCLIFF CT 167.36 0024335002 3805 DENMARK AVE 189.62 0024332009 1300 DEERCLIFF LANE 107.08 0024327702 3811 WINDCREST CT 64.29 0024331100 1320 DEERCLIFF LANE 64.32 0036917003 3633 WINDTREE DR 195.34 0036909208 684 STONEWOOD RD 200.27 0036905701 710 BRENTWOOD LANE 231.88 21 Delinquent Account Listing 0036911709 3785 WINDTREE DR 54.00 0036910602 661 WINDTREE KNOLL 93.23 0010514404 1677 HICKORY HILL 361.50 0010512804 1633 HICKORY HILL 133.45 0010507705 1627 HICKORY LANE 178.00 0010506301 1654 HICKORY LANE 176.52 0010507309 1631 WALNUT LANE 53.97 0010500700 1677 WALNUT LANE 83.68 0011005907 1711 HICKORY HILL 128.29 0011003100 1708 HICKORY HILL 192.59 0011007606 1745 HICKORY HILL 201.29 0011013505 1761 HICKORY HILL 133.37 0011014206 1760 HICKORY HILL 306.28 0011113404 4456 JOHNNY CAKE RIDGE RD 53.71 0011112406 4440 JOHNNY CAKE RIDGE RD 101.60 0011111507 1710 WOODGATE LANE 130.85 0011110905 1716 WOODGATE LANE 67.14 0011110509 1724 WOODGATE LANE 69.04 0011106606 4462 WOODGATE PT 188.37 0011104908 1738 WOODGATE LANE 94.53 0011103108 4463 WOODGATE CT 216.51 0011100906 4448 WOODGATE CT 138.48 0011010402 1797 WALNUT LANE 160.59 0011010105 1795 WALNUT LANE 104.43 0011011202 1790 WALNUT LANE 148.69 0013264700 4410 WOODGATE COVE 239.64 0013264908 4413 WOODGATE COVE 358.41 0023308513 3908 RAHN RD 130.25 0013288303 645 WOODLAND WAY 71.43 0013289004 650 WOODLAND WAY 331.48 0025709601 1500 DEERWOOD BEND 167.28 0025710104 1490 DEERWOOD BEND 170.52 0025708009 1523 DEERWOOD BEND 167.60 0023406853 2125 SILVER BELL RD 229.40 Total $ 222,281.54 Accounts Assessed 22 1,020 Agenda Information Memo March 2, 2016, Eagan City Council Meeting :11111[$1; IA: hILICI C. Certify delinquent nuisance abatement bills Action To Be Considered: To close the public hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. Facts: ➢ City Code allows for collection of delinquent nuisance abatement bills through certification to property taxes. Nuisance abatement bills include fees for false alarm calls, mowing and noxious weed removal, refuse removal and diseased tree removal. ➢ At the February 2, 2016 City Council meeting, a public hearing was scheduled for the March 2, 2016 City Council meeting. ➢ The City has three properties with delinquent false alarm invoices. Alarm users receive three free false alarms per year and are charged $100 for the fourth and each subsequent alarm. Unpaid fees are charged an additional 10 percent late fee. ➢ The city has seven properties with delinquent invoices for mowing and noxious weed removal. Four of these properties have recently been in the foreclosure process. ➢ The assessable amount of the delinquent invoices is $3,638.00. The City will accept payment for any portion of the assessment free of interest charges for a period of 30 days, beginning March 3. If the assessment is paid after the interest- free period, interest at 4% from March 2, 2016 to December 31, 2017 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2017 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and the proposed assessments. Attachments: (1) PHC-1 Proposed Assessment Roll A co ..0 -SC L L @ cv io a > _ V) d 4� �L C N a U u r L > p J U N U J n C7 O ra � 0 L° 0 v> 0 ca L b.0 b0 i- c6 Y N 01 O1 U LL L. _ V) - Z D N N Ln 0 O 00 l4 �o N lD lmD 00 00 N 41 N r� m Ln t` N 00 M -i. 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Vv . tNi)- V -v t - -tn N =0 LL ++ F- N V ..O i 0 0 0 0 0 Ln Ln O O O Lp a, O O O O O N d' l0 Ln N 3 0 0 0 r` r` O M 00 T i, 0 M M r -r 00 00 r, 00 1�0 ct r\ M m � -i -itt ;t dt m N E �'j-, -(ni/,.��V).v-,.�-V� 4, C 3 rr C aj 0 O O O O O H O O O rl t i N t i t, t-1 m m rH Ln 4 O 0-i O;t O O Q M N zt N 0 0 0 0 0 0 0 0 0 0 d N O O O N O O N Lnr` N m N 0 m m O M Ln rI r` M N M O O LD O mm N m Id d d r` ' t w r` O O O O O OO O O O A co ..0 -SC L L @ cv io a > _ V) d 4� �L C N a U u r L > p J U N U J n C7 O ra � 0 L° 0 v> 0 ca L b.0 b0 i- c6 Y N 01 O1 U LL L. _ V) - Z D N N Ln 0 O 00 l4 �o N lD lmD 00 00 N 41 N r� m Ln t` N 00 M -i. M m O1 11 -1 a) d' -i Agenda Information Memo March 2, 2016, Eagan City Council Meeting NEW BUSINESS A. Rezoning (Knob Hill Professional Park) — O'Halloran & Murphy Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Rezoning of approximately 1.4 acres located at 4150 Knob Drive, legally described as Lot 3, Block 2, Knob Hill Professional Park. Required Vote For Approval: ➢ Rezoning —At least three votes Facts: ➢ The Knob Hill Professional Park Planned Development was established in 1983, and was based on LB, Limited Business, zoning and designates this site for a one- story 5,000 s.f. office building. ➢ The subject site is surrounded with single-family residential homes, retail office and clinics uses. ➢ The proposed LB, Limited Business, zoning designation is compatible with surrounding uses, and with the property's 0/S, Office/Service Comprehensive Guide Plan land use designation. ➢ The zoning ordinance states the LB district is intended for "areas that are particularly exposed to residential neighborhoods and are thus suitable to those business compatible with nearby residential uses (office, clinics and the like)." ➢ The Office/Service land use category is intended for "offices and lower intensity service and retail businesses including medical clinics, day care centers, banks and dry cleaners." ➢ The applicant indicates they intend to sell the property, and the proposed LB zoning would enhance marketability of the property. ➢ A public hearing was held on February 23, 2016, and the Advisory Planning Commission did recommend approval. Issues: Two neighbors on Knob Drive commented on their desire to be involved with the review of future development of the site. 60 -Day Agency Action Deadline: ➢ March 20, 2016 Attachments: (4) NBA -1 Location Map NBA -2 Draft February 23, 2016, APC Minutes NBA -3 Planning Report NBA -4 Report Exhibits MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA February 23, 2016 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, February 23, 2106, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Filipi, Secretary Piper, Members Sagstetter, Dierkes, Woebke, Landmesser and Weimert. Also present were, City Planner Mike Ridley, Planner Pam Dudziak and City Attorney Bob Bauer. Absent were Vice Chair Vanderpoel and Member Landmesser. AGENDA Member Piper moved, Member Dierkes seconded a motion to adopt the Agenda. A vote was taken. All voted in favor. Motion carried 6-0. January 26, 2016 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Dierkes moved, Member Weimert seconded a motion to approve the January 26, 2016 Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 6-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARING New Business A. Knob Hill Professional Park Applicant Name: John O'Halloran, O'Halloran & Murphy Location: Lot 3, Block 2, Knob Hill Professional Park Application: Rezoning A Rezoning of approximately 1.44 acres from PD, Planned Development to LB, Limited Business. File Number: 21-RZ-01-01-16 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated February 18, 2016. Chair Filipi invited the applicant to add any comments. John O'Halloran introduced himself and spoke to the background of the subject property and the Knob Hill Professional Park Planned Development; he stated he was available for questions. Advisory Planning Commission February 23, 2016 Page 2 of 4 Chair Filipi opened the public hearing. Karen Piehler Shaw, 4165 Knob Drive, asked for an explanation of what uses and development the LB zoning allows and the difference between permitted and conditional uses. James Mariette, 4157 Knob Drive, stated he want to ensure that development of the site enhances rather than detracts from the neighborhood. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Planner Dudziak explained the process difference between permitted and conditional uses. Chair Filipi stated the Limited Business zoning would allow development similar is type and size to the two proposals that were previously denied. He also stated a potential concern for spot zoning with this being the only Limited Business lot among others zoned Planned Development. Member Piper differed, stating the underlying zoning basis for the Planned Development was Limited Business, so rezoning to Limited Business is consistent with that. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Rezoning from PD, Planned Development, to LB, Limited Business, of approximately 1.4 acres. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 18, 2016 APPLICANT: O'Halloran & Murphy PROPERTY OWNER: O'Halloran & Murphy REQUEST: Rezoning LOCATION: 4150 Knob Drive COMPREHENSIVE PLAN: O/S-Office/Service ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 21-RZ-01-01-16 HEARING DATE: February 23, 2016 APPLICATION DATE: January 20, 2016 PREPARED BY: Pamela Dudziak The applicant is requesting approval of a Rezoning from PD, Planned Development, to LB, Limited Business, of approximately 1.4 acres located at 4150 Knob Drive, legally described as Lot 3, Block 2, Knob Hill Professional Park. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The Knob Hill Professional Park Planned Development was established in 1982 and was based on LB, Limited Business, zoning. The PD was initially designed as a commercial development, and identified the subject site for a one-story office building. The properties west of Knob Drive were designated for multi -story story office uses, and medium and high density residential use further west. In 1983, the development was amended allowing the property west of Knob Drive Planning Report — Knob Hill Professional Park February 23, 2016 Paae 2 to be developed primarily with single-family homes, rather than multi -story office and medium- high density residential uses. The property was platted in 1984 and this is the sole remaining vacant lot in the PD. A development proposal for a two-story 12,500 s.f. office building was denied by the City in 2002 due to size of the building, insufficient parking, and setbacks. A more recent proposal in 2015 for a 10,400 s.f. one-story childcare facility was denied due to concerns about the size of the building being too big for the property and inconsistent with the size permitted under the Planned Development, traffic on Knob Drive, and proposed building materials not meeting City Code standards. EXISTING CONDITIONS The triangular shaped 1.44 acre site abuts public right-of-way to the west (Knob Drive) and east (Pilot Knob Road). A sidewalk extends along the east side of the property, parallel to Pilot Knob Road. Access to the parcel is from Knob Drive; the plat restricts direct access along the Pilot Knob Road frontage. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The surrounding area consists of a mix of single- family residential and commercial office and clinic uses. The proposed Limited Business zoning designation is compatible with these surrounding uses. The Zoning Ordinance describes the LB district as intended for "areas that are particularly exposed to residential neighborhoods and are thus suitable to those business compatible with nearby residential uses (office, clinics and the like)." A copy of the LB zoning ordinance is attached as an exhibit to this report. Existin Use Zoning Land Use Designation North Residential R-1, Single -Family LD, Low Density Residential Residential West Residential; Veterinary R-1, Single -Family LD, Low Density and Medical Office Residential Residential; PD, Planned Development O/S, Office/Service South Medical/Dental Office PD, Planned Development O/S, Office/Special East Church (Beautiful QP, Quasi- PF, Public Facilities; Savior); Commercial Public/Institutional; RC, Retail -Commercial Retail Hilltop Plaza) I NB, Neighborhood Business EVALUATION OF REQUEST Compatibility with Surrounding Area — The surrounding area consists of a mix of single- family residential and commercial office and clinic uses. The proposed Limited Business zoning designation is compatible with these surrounding uses. The Zoning Ordinance describes the LB district as intended for "areas that are particularly exposed to residential neighborhoods and are thus suitable to those business compatible with nearby residential uses (office, clinics and the like)." A copy of the LB zoning ordinance is attached as an exhibit to this report. Planning Report — Knob Hill Professional Park February 23, 2016 Page 3 Comprehensive Guide Plan — The proposed LB zoning district is consistent with the O/S, Office/Service land use designation. The City's Comprehensive Guide Plan describes the Office/Service land use category as intended for "offices and lower intensity service and retail businesses including medical clinics, day care centers, banks and dry cleaners." Site Grading — Site grading was performed with previous development. The site slope falls approximately 30' from south to north. The site is clear of trees, and there are no wetlands present. Applicant's Narrative — According to the applicant, they have owned the property for 30 years and intended to develop a funeral home on it; however, age demographics in Eagan were too young to support a funeral home. They now have interest in placing the property on the market. The narrative indicates the original Planned Development was based on LB zoning, and the proposed rezoning to LB would enhance marketability of the property. Storm Water Management/Water Quality — Storm sewer is currently available along Knob Drive. Any future development of this property will need to comply with the City's Post Construction Stormwater Management Requirements (City Code §4.34). Utilities — Lateral sanitary sewer and water main service stubs of sufficient size, depth, and capacity are available for connection by this development. Access/ Transportation — Pilot Knob Road is classified as a Minor Arterial roadway and is under the jurisdiction of Dakota County. Knob Drive is a local residential street and provides access to the property. A bituminous trail is located along the west boulevard of Pilot Knob Road. Easements/ Permits/ Right -of -Way — Public drainage & utility easements currently exist along the perimeter of this parcel. Financial Obligation — At this time, there are no pending assessments on the parcel. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, all trunk utility fees have been previously collected for this property. Parks and Recreation — The development is subject to cash park and trail dedications payable at the time of Building Permit at the rates then in effect. The 2016 park dedication rate is $912 per 1,000 s.f. of building, and trail dedication is $1,251 per net acre of land area. Planning Report — Knob Hill Professional Park February 23, 2016 Page 4 SUMMARY/CONCLUSION The applicant proposes to Rezone the property from PD, Planned Development, to LB, Limited Business. The proposed Rezoning is consistent with existing and anticipated land uses and the Comprehensive Plan designation of Office/Service. The applicant intends to sell the property and indicates the rezoning would enhance marketability. The property is a platted lot. Future development of the subject site would proceed through the Building Permit process, and will be subject to the uses and performance standards of the Limited Business Zoning District. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from PD, Planned Development, to LB, Limited Business, of approximately 1.4 acres located at 4150 Knob Drive, legally described as Lot 3, Block 2, Knob Hill Professional Park. •Lip a. • to• uCD • • u .' ., 1. • ■ �� - ■ 6 CIL z L0 • 1 .■ ■� t ° = ON milli ter- •■■■� :► i�r �° � .I .��. � �i� � ■ .Iii ■■ ;: 1610 MEN ■ ♦ � ,, �1.� '••, i -� ��■■■■■■■ ■■�■■■■■■rte �ir •.�-��� �" �C �. � rill ■■��� ��-■ ,.■t�,/� nus• �� ■ _ �o �r'nenvnl�u ►ir_ p . „ ;; r� or rr rr .1 r .r rr 1, �` 111r IIS " d'r �,• =6 � ' - �® rr r u rr � re rllr/ Illi ♦ •� „ •• � _ ■ Im►r rico : �� M11 �'— k y a` 1.�OL UQ - vooL vv evouv } 4� OMW 31' I PJ it Ica _07 yY u r "Rj�TiC �s L_ CO RD' 31' 1f z Pilot {knob Road J ! s } s a ei•°,t:`€ - ! LU LU ".� / , �^` .$pi, �`° � `� � '`'��•'-,�.. pps,,,,,,, � i��a�1 -� N � ,� :;&. 'tom° �I � .. Xis_ OR r'(,,. wx y t yi�6j _ t �J .ia rG <1Z N LL O O r O O N Y a O to W Q a i C O tme" O Y 'c N O T A w N Z 'j O v yZ d 3 O i � R awv Q ® Subd. 10. LB Limited Business District. A. Purpose. Limited Business Districts are areas that are particularly exposed to residential neighborhoods and are thus suitable to those businesses compatible with nearby residential use (offices, clinics and the like). B. Permitted uses. 1. Clinics for human care. 2. Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter. 3. Funeral homes and mortuaries. 4. Institutional uses: library, swimming pools, churches, public schools, religious centers, health centers, and community buildings. 5. [Reserved]. 6. Municipal buildings where the use conducted is customarily considered to be an office use. 7. Offices of a general nature where the operations do not include retail sales or warehousing from the site. 8. Professional offices, banks and savings and loan. 9. Public utility tower mounted antennae, subject to the regulations of in this Code. C. Conditional uses. 1. Nursing homes, rest homes, retirement homes or hospitals for human care, day care centers, private schools. 2. Art, interior decorating, photographic or music studio, provided no retail sales are made of products not manufactured on the site. 3. Radio and television studios. 4. Private clubs and lodges. 5. Museums, art institutions, galleries and playhouses. 6. Off-site off-street parking when the principal site of the off -.site off-street parking is within an R-4 zoning district subject to the regulations thereof in this Code. 7. Off-site off-street parking, subject to the regulations thereof in this Code, except those portions regarding outdoor storage. 8. On -sale liquor in conjunction with a restaurant facility. 9. Restaurants—Full service and casual only those granted a permit according to applicable City Code provisions to serve 3.2 beer or wine and an outdoor dining area in conjunction therewith, subject to the regulations thereof elsewhere in this chapter. 10. Reserved. 11. Seasonal outdoor sales, subject to the regulations thereof elsewhere in this chapter. 12. Coffee kiosks subject to the following conditions: (a) The activity shall be conducted within a free-standing building, no larger than 100 square feet in size. (b) The use shall not result in the elimination of the minimum number of off-street parking spaces required for all uses on the parcel. (c) Vehicular stacking lanes shall comply with the following: (1) A minimum length of 150 feet shall be provided for a single stacking lane or 80 feet per lane when multiple lanes are provided. (2) Stacking lanes shall be designed such that they do not interfere with existing parking and vehicular circulation. (3) Stacking lanes shall be clearly identified through striping, landscaping, and/or signage. (d) No alcoholic beverages shall be sold. (e) Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the city. (f) If the use of the building ceases for a period of six months, the conditional use permit shall lapse and the property owner shall remove the building and clean up the site. (g) No onsite preparation of food shall be allowed. D. Permitted accessory uses. Private garages, off-street parking and loading spaces, as regulated by this chapter. 2. Building temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to complete said construction. 3. Public telephone booths provided all yard requirements are met. 4. Temporary outdoor event, subject to the regulations thereof elsewhere in this chapter. 5. Building mounted antenna or satellite dish, subject to the regulations thereof in this Code. E. Bulk standards (minimum unless noted). Lot Area Lot Width Setback From Public Right-of-way Side Yard Setback Rear Yard Setback Adjacent to property guided* for residential use 'Structure Height (max.) Green Space Building Cover (max.) * Land use guide designation per city's Comprehensive Guide Plan. 30 feet 10 feet 20 feet 30 feet 30 feet 30 percent 20 percent F. Additional setbacks. The following shall be the minimum required building setback along any interstate or state highway, major thoroughfare or minor thoroughfare, either existing or proposed as shown on the current Functional Classification Plan: THOROUGHFARE RIGHT-OF-WAY MINIMUM SETBACK WIDTH Major Thoroughfare (Principal and A Minor 150 feet 50 feet or 125 feet from right-of-way centerline, Arterials) whichever is greater Major Thoroughfare 100 feet 50 feet or 100 feet from right-of-way centerline, (B Minor Arterials) whichever is greater Minor Thoroughfare 80 feet 40 feet or SO feet from right-of-way centerline, (Major and Minor Collectors) whichever is greater Narrative for rezoning of property located at Owners: O'Halloran & Murphy Co. O'Halloran & Murphy Co. hereby requests changing the zoning of the property fisted above from Planned Development (Pty) to Limited Business (LB). There is no development plan associated with this request. When the PD was created, it was called Knob Hili Office Park and was based on LB zoning, allowing for several office buildings and one funeral home. The Knob Hill Office Park PD was drastically altered when the City approved an amendment that allowed residential lots to be developed along the west side of Knob Dr. Our intent was to put a funeral home on the property. Results of a survey indicated that age demographics in Eagan were too young to support a funeral home. We have awned the property for over 30 years and have interest in placing it on the market. The zoning change to LB will not affect surrounding properties, as the original PCS was based on LB zoning. The zoning will not affect the subject property, in that the proposed LB is consistent with the M LB zoning would also enhance marketability. The requested cha,ige in zoning will have minimal effect on City services such as sewer, water and storm water run off. Many of the city services are already in place and were paid for in the original Pf) assessments. At this time the property is a vacant Int. A new building would increase tax revenue to the community, as well as enhance the beauty of the neighborhood, contributing to sustainable community development. Agenda Information Memo March 2, 2016, Eagan City Council Meeting 1_ATiTA ����I►I �� B. Planned Development Amendment (1970 Rahncliff Ct.) — Shepherd Child Care Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow a child daycare upon property located at 1970 Rahncliff Ct., legally described as Lot 2, Block 3, Rahncliff 2nd Addition. Required Vote For Approval: ➢ At least three votes Facts: ➢ The Rahncliff 2nd Addition Planned Development was established in 1982 and provided for a mixture of uses including a bank, restaurants and retail. ➢ The Comprehensive Guide Plan designates this property for Retail Commercial uses within the Cliff Road Commons Special Area. ➢ The site contains two buildings constructed in 1989 and totaling approximately 30,000 s.f. ➢ Shepherd Child Care proposes to establish a Montessori school and day care serving children ages six weeks to 10 years. ➢ Shepherd Child Care will occupy approximately 5,400 sq. ft. in the north end of the northerly building. Outdoor play areas will be established in the yard areas on the north and east sides of the building. ➢ Modifications to the building include removing one door on the west side of the building, and adding a door and windows on the east side. ➢ Direct access from the interior space to the outdoor playgrounds will be provided, and the playgrounds will be fenced with 6' decorative wrought iron fencing. ➢ A public hearing was held on February 23, 2016, and the Advisory Planning Commission did recommend approval. Issues: ➢ None 60 -Day Agency Action Deadline: ➢ March 20, 2016 Attachments: (4) NBB-1 Location Map NBB-2 Draft February 23, 2016, APC Minutes NBB-3 Planning Report NBB-4 Report Exhibits QZ U'oL000 0 2 2 WO E 0000 co EQ ©oaE�o��A E a. m C= 0 . Z *; 6 4- U) z a. w 0 QZ U'oL000 0 2 2 mmma CLco0- 0000 ©oaE�o��A QZ wUNE ON 0n I i2 0- T 'o, 0 d) w vm X: GVO2l 'WAMVH>l 18 i A co w w ov 61,p IS El [DID 0 9 EGEDEDED Q F13 3AV3IXVIVE) I NIHS A WL(3v )?A--NHVII tu C's MAVO I k7 6-A z a) cl LL 0 O CV in C 0 0 2 2 mmma CLco0- 0000 wUNE ON 0n I i2 0- T 'o, 0 d) w vm X: GVO2l 'WAMVH>l 18 i A co w w ov 61,p IS El [DID 0 9 EGEDEDED Q F13 3AV3IXVIVE) I NIHS A WL(3v )?A--NHVII tu C's MAVO I k7 6-A z a) cl LL 0 O CV in Advisory Planning Commission February 23, 2016 Page 3 of 4 B. Shepherd Child Care Applicant Name: Ann Gilman, Shepherd Child Care Inc. Location: 1970 Rahncliff Ct; Lot 2, Block 3, Rahncliff 2nd Addition Application: Planned Development Amendment A Planned Development Amendment to allow a daycare. File Number: 32 -PA -01-01-16 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated February 18, 2016. The applicant declined the opportunity to comment. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Chair Filipi stated concern for the outdoor play area in close proximity to traffic and the resulting engine fumes, adding that the applicant should be attentive to air quality alerts when children play outside. Member Sagstetter moved, Member Piper seconded a motion to recommend approval of a Planned Development Amendment to allow a child daycare, 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 Site Plan as an exhibit. 2. The applicant is responsible for obtaining and maintaining the State license, and any other required State or County licenses or permits. 3. Any new rooftop equipment that may be added to the space for this use is subject to screening requirements consistent with City Code requirements. 4. All signage shall be consistent with City Code requirements. 5. Building address numbers shall be installed consistent with the design standards of Section 2.78 of the City Code, if existing numbers do not satisfy the code requirements. All voted in favor. Motion carried 6-0. V. OTHER BUSINESS There was no other business. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 18, 2016 APPLICANT: Shepherd Child Care PROPERTY OWNER: 18 Walnut Street LLC REQUEST: Planned Development Amendment LOCATION: 1970 Rahncliff Ct. CASE: 32 -PA -01-01-16 HEARING DATE: February 23, 2016 APPLICATION DATE: January 20, 2016 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a child daycare upon property located at 1970 Rahncliff Ct, legally described as Lot 2, Block 3, Rahncliff 2nd Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND/HISTORY The property was platted in 1988. This site is part of the Rahncliff 2nd Addition Planned Development, which was established at the same time and provided for a mixture of uses including a bank, restaurants and retail. This site is included in the Cliff Road Commons Special Area which was established in the 2030 Comprehensive Guide Plan adopted in 2010. The Special Area plan designates the land use of this site as Retail Commercial. Planning Report — Shepherd Child Care February 23, 2016 Page 2 EXISTING CONDITIONS The site contains two buildings totaling approximately 30,000 s.f. The buildings are multi -tenant retail and were constructed in 1989. Access to the site is from Rahncliff Ct. to the east. The property abuts I -35E right-of-way to the east. Site grading, the installation of utilities (water, storm sewer, and sanitary sewer), and the construction of parking lots and buildings were performed with the initial development of this property. The site generally flat and slopes slightly to the south to north, with elevations ranging from 930 to 923. An easement was granted over this property in 2008 allowing the Ansari's restaurant adjacent to the south use of up to 5 parking stalls. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — Shepherd Child Care proposes to establish a Montessori school and day care serving children ages six weeks to 10 years. According to the submitted narrative, this will be the second location in Eagan for this Montessori group. Shepherd Child Care proposes to occupy approximately 5,400 sq. ft. in the north end of the northerly building. The building space consists of infant, preschool and toddler and pre-K/kindergarten classrooms, offices, laundry and utility spaces. Outdoor play areas will be established in the yard areas on the north and east sides of the building. The center will be licensed by the State. Zoning — The property is currently zoned PD, Planned Development, and is guided RC, Retail Commercial. The zoning ordinance typically requires daycares in commercial zoning districts to obtain a conditional use permit. In PD zoning, an Amendment to the Planned Development is done in lieu of a CUP. Playground — Direct access from the interior space to the outdoor playground will be provided. The north preschool playground is approximately 2,710 s.f. and the east toddler playground is approximately 817 s.f. in area. The playgrounds will be enclosed with a 6' decorative wrought iron fence. The Fire Marshal has indicated that gates should be installed at the outer edges of those fenced areas to facilitate evacuation from that area in the event of an emergency. Location of gates will be reviewed at the time of Building Permit for compliance with egress standards. Existing Use Zoning Land Use Designation North Cliff Road/Retail PD, Planned Development RC, Retail Commercial East I -35E right-of-way right-of-way South Restaurant PD, Planned Development RC, Retail Commercial West Hotel PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Proposal — Shepherd Child Care proposes to establish a Montessori school and day care serving children ages six weeks to 10 years. According to the submitted narrative, this will be the second location in Eagan for this Montessori group. Shepherd Child Care proposes to occupy approximately 5,400 sq. ft. in the north end of the northerly building. The building space consists of infant, preschool and toddler and pre-K/kindergarten classrooms, offices, laundry and utility spaces. Outdoor play areas will be established in the yard areas on the north and east sides of the building. The center will be licensed by the State. Zoning — The property is currently zoned PD, Planned Development, and is guided RC, Retail Commercial. The zoning ordinance typically requires daycares in commercial zoning districts to obtain a conditional use permit. In PD zoning, an Amendment to the Planned Development is done in lieu of a CUP. Playground — Direct access from the interior space to the outdoor playground will be provided. The north preschool playground is approximately 2,710 s.f. and the east toddler playground is approximately 817 s.f. in area. The playgrounds will be enclosed with a 6' decorative wrought iron fence. The Fire Marshal has indicated that gates should be installed at the outer edges of those fenced areas to facilitate evacuation from that area in the event of an emergency. Location of gates will be reviewed at the time of Building Permit for compliance with egress standards. Planning Report — Shepherd Child Care February 23, 2016 Page 3 Compatibility with Surrounding Area — The surrounding area is developed with commercial uses including restaurants, hotels and offices. Landscaping — No new landscaping is proposed. Green Space/Impervious Coverage — According to the applicant, the existing green space ratio is 30%, and there is no change with this proposal. The two play areas are located in existing grass yard areas. The playground areas will remain grass and there is no loss of green space or change in impervious coverage on the site. Building Address Numbers — Building address numbers should be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. Easements/Rights-of--Way /Permits — A State license is required for the child daycare facility. The applicant is responsible for obtaining and maintaining the State license, and any other required State or County licenses or permits. Building Modifications/Mechanical Equipment — No changes are proposed to the building footprint. Remodeling of the interior tenant space will be done to accommodate this use. Changes to the exterior of the building include removing a door on the west elevation, and adding a door and windows on the east elevation for direct access to the toddler playground. A building permit is required for this work. Installation of any new mechanical equipment, screening should be provided consistent with City Code standards, Sec. 11.70, Subd 21. Signage — City Code Section 11.70, Subd. 28, sets forth standards for the placement, erection and maintenance of signs. Any new signage for the daycare facility should be in compliance with this ordinance. City Code permits end units of multi -tenant buildings up to three signs on two elevations, in specified combinations. All building signage on multi -tenant buildings should be similar in design and evenly distributed among all tenants. Access/Street Design — No changes to access or street design are proposed. Management/ Water Quality — The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan — 2007). Storm water generally flows to the north into city pond AP -11. No storm water modifications are proposed with this planned unit development. The applicant does not propose to increase the amount of impervious surface, so the City's Post Construction Stormwater Management Requirements (City Code Sec. 4.34) do not apply. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Planning Report — Shepherd Child Care February 23, 2016 Page 4 SUMMARY/CONCLUSION In summary, Shepherd Child Care is proposing a child daycare facility in this commercial building. Since daycare operations are typically a conditional use in retail commercial zoning, an Amendment to the Planned Development is required. In conjunction with the daycare, two outdoor play areas are proposed adjacent to the building. The play area will be enclosed with a fence. The installation of the play areas results in no net change to impervious coverage. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a 5,400 sq. ft. child daycare facility with outdoor play area upon property located at 1970 Rahncliff Court, legally described as Lot 2, Block 3, Rahncliff 2nd 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 Site Plan as an exhibit. The applicant is responsible for obtaining and maintaining the State license, and any other required State or County licenses or permits. 3. Any new rooftop equipment that may be added to the space for this use is subject to screening requirements consistent with City Code requirements. 4. All signage shall be consistent with City Code requirements. 5. 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L_J___________JL________1 J 1________J -------- _______________________________________________________ Z From: Skio Melin To: Julie Strid; Pam Dudziak Cc: Eagan Montessori Subject: Fwd: Written narrative for Shepherd Child Care. Electronic files Date: Wednesday, January 20, 2016 11:46:24 AM Attachments: Eagan Montessori 01.17.16.pdf The Crossings in Eagan.pd Thanks William "Skip" Melin 952.200.7890 Sent from my T -Mobile 4G LTE Device -------- Original message -------- From: Skip Melin Date: 01/20/2016 10:32 AM (GMT -06:00) To: Skip Melin Cc: eagankids@gmail.com, Tony Rosell Subject: Written narrative for Shepherd Child Care. Shepherd Child Care is looking to open Montessori school and day care for children in Eagan area. This would be the second location serving the city of Eagan for this Eagan Montessori group. There will be no impact to the existing or surrounding land uses and zoning within 660 ft as this is an existing structure that formerly housed the Now Care group. The surrounding properties consist of retail and hospitality uses and the former space also dealt with children in the medical capacity. There would be no impact on the subject property as this was formerly and Now Care with several rooms and offices. The Child Care will be re -using as much of the existing improvements as possible, but will be opening the space up and actually getting rid of some of the existing plumbing. In terms of city services such as sewer, water, storm runoff and roads; again, they'll be less impactful than there was when Now Care was the tenant in the space. The request of this land use by this amendment is clearly better use of the existing space and building as it will bring families to this part of town and provide valuable services for the community. The public benefit is offering child care and learning services for area children allowing parents the peace of mind their children are safe while they are at their jobs. C a n t 1-11, `,oJ. �r 1 {, �p g'I tlfl II b. a II i� t L tl �� 5 '� f i k. �-: January 29, 2016 Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 RE: 32 -PA -01-01-16 Dear Pam, Please see our answers and revised plans per your request. v Narrative: The space will be open from 6:30 am - 6:00 pm, Monday - Friday, year round. The ages of the children being served are 6 weeks to 10 years old. The infant room will have no more than 16, the toddler room no more than 21, and the preschool and pre-k/kindergarten rooms will have no more than 70. This will amount to 107 total, if licensing approves this amount, according to the sq footage allowed per classroom. Lease Area: Shepherd will occupy approx. 5400 sq. ft. Plans: Plans attached as Exhibit A. Site Plan: There will be one playground out the side door for the older children, and one out the back door for the toddler classroom. A playground will be delivered and set up by Rainbow Play Systems for the larger area in April or May, and a smaller one will be installed for toddlers in May. I do not have the amount of green space available. Fence: The fence will be 6 feet high and will encompass all areas around each playground. It will be a decorative wrought iron fencing. Impervious: There will be no change. If you have any question regarding this matter, please call me at 952-465-3377. Sincerely, William "Skip" Melin, CCIM Cushman & Wakefield/NorthMarq 952-465-3377 william.melin@cushwakenm.com EXHIBIT A SITE PLAN