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04/05/2016 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING APRIL 5, 2016 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. APPROVE a Resolution to accept reimbursement from the Minnesota Board of Firefighter Training and Education in the amount of $25,600 for the Fire Department and authorize the necessary Budget Adjustments F. SET interest rates on special assessments levied in 2016 at 3.5% G. ADOPT Resolution in support of Minnesota Investment Fund application in connection with Prime Therapeutics, LLC H. APPROVE Off-Sale Liquor License for BK Discount Liquor LLC doing business as BK Discount Liquor, 4130 Blackhawk Road Suite 100 I. APPROVE Off-Sale Liquor License for Drinks Liquor LLC doing business as Drinks Liquor, 3090 Courthouse Lane Suite 200 J. APPROVE Exempt Permit for the Eagan Athletic Association to hold a raffle on May 8, 2016 at 4201 Lexington Avenue K. APPROVE 2016 Consultant pool for Property Maintenance Services L. APPROVE Final Subdivision and Easement Vacation – Eagan Gateway Business Park M. DIRECT preparation of an Ordinance Amendment to Chapter 11 relative to domestic animals N. Item removed O. APPROVE Final Planned Development and Final Subdivision for Dakota Path 5th Addition P. RECEIVE Petition to Vacate Public Drainage & Utility Easements, Lot 19, Block 5, Hilltop Estates and schedule a public hearing for May 3, 2016 Q. APPROVE Plans & Specifications, Contract 16-03 – 2016 Trail & Parking Lot Improvements, and Authorize Bid Opening for May 12, 2016 R. AWARD Contract 16-01 – 2016 Street Revitalization S. AWARD Contract 16-02 – 2016 Street Revitalization T. AWARD Contract 16-09 – 2016 Water Quality Storm Sewer Improvements U. RECEIVE Petition to Vacate Public Drainage & Utility Easements (Document No.’s 238082 & 238083), Lot 3 & 4, Block 1, Sibley Terminal Industrial Park and schedule a public hearing on May 3, 2016 V. Schedule Public Hearing on April 19, 2016 to receive comments regarding a cable television franchise for Quest Broadband Services, Inc., DBA CenturyLink V. PUBLIC HEARINGS A. APPLICATION from Corvida Medical for a Minnesota Investment Fund Loan VI. OLD BUSINESS A. RECEIVE bids and approve resolution awarding the sale of $8,390,000 General Obligation Capital Improvement Bonds, Series 2016A B. ORDINANCE AMENDMENT – Ordinance Amendment to City Code Chapter 10 regarding keeping miniature pigs on single family residential properties C. PLANNED DEVELOPMENT AMENDMENT – Metro Transit / Metropolitan Council – A Planned Development Amendment to allow an expansion of the Cedar Grove Transit Station and related site improvements for the parcel located at 4035 Nicols Road VII. NEW BUSINESS A. INTERIM USE PERMIT – Oak Hills Church/ Rod Carlson - An Interim Use Permit to allow a community garden located at 1560 Yankee Doodle Road B. REZONING, PRELIMINARY SUBDIVISION AND VARIANCE - Summerbrooke/ D. R. Horton, Inc. - A Rezoning from A, Agricultural to R-1S, Small Lot Single Family, A Preliminary Subdivision to create 33 R-1S single family lots and A Variance to the cul-de-sac length from 500 ft.to 800 ft located at 775 & 785 Diffley Road C. COMPREHENSIVE GUIDE PLAN AMENDMENT - Fire Station 1 / City of Eagan - A Comprehensive Guide Plan Amendment from HD, High Density to QP, Quasi-Public for the property located at 4200 Blackhawk Road 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 �f City of 1k1 I TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: APRIL 1, 2016 SUBJECT: AGENDA INFORMATION FOR APRIL 5, 2016 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 5, 2016 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 5, 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 March 15, 2016 regular City Council meeting as presented or modified. Attachments: (1) CA -1 March 15, 2016 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 15, 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, Fields, and Tilley. Councilmember Hansen was absent. A regular meeting of the Eagan City Council was held on Tuesday, March 15, 2016 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, and Tilley. Councilmember Hansen was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Acting Parks & Recreation Director Flewellen, Director of Community Development Hohenstein, Director of Public Works Matthys, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA City Administrator Osberg stated there is no change on the Agenda, but wanted to draw attention to the more complete documents as it relates to Consent Agenda Item S. It was noticed earlier today the attachments only included half of the pages. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentation to be heard. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent agenda: Aye:4 Nay:0 A. It was recommended to approve the minutes of March 2, 2016 regular City Council meeting and March 8, 2016 Special City Council meeting as presented. B. Personnel Items: 1. It was recommended to designate the Cities of Woodbury and Apple Valley as Comparable Cities. 2. It was recommended to authorize the hiring of Mary Greenwell, Fitness Instructor and Nicole Kiecker, Paid on Call Fire Fighter. 3. It was recommended to approve the hiring of a Parks Maintenance Worker, to be named. 4. It was recommended to approve the hiring of a Code Enforcement/Property Maintenance Specialist, to be named. 5. It was recommended to approve the hiring of a Parks and Recreation Director, to be named. 6. It was recommended to authorize termination of Todd Johnson, Eagan Community Center Custodian, and authorize replacement of the vacancy created. City Council Meeting Minutes March 15, 2016 2 page C. It was recommended to ratify the check register dated February 26, and March 4, 2016 as presented. D. It was recommended to approve the ordinary and customary contracts with Premier Latino Events, LLC, St Croix Harley-Davidson, Inc., Ritchie Bros. Auctioneers (America) Inc., Andrew Walesch Big Band, BluPrint, and Boogie Wonderland. E. It was recommended to award a construction contract for the construction of the new Fire Station One Contract 16-05. F. It was recommended to approve a resolution authorizing issuance and sale of approximately $8,390,000 General Obligation Capital Improvement Plan Bonds, Series 2016A, on April 5, 2016. G. Item was removed. H. It was recommended to approve extension of Preliminary Subdivision -Willow Ridge. I. It was recommended to approve a Final Planned Development of approximately 8.3 acres to construct two office/warehouse buildings, totaling approximately 225,700 square feet located at 2900 & 2950 Ames Crossing Road. J. It was recommended to approve a Joint Powers Agreement for an expanded Countywide broadband system. K. It was recommended to approve a resolution to accept a donation from Steven Godes, in the amount of $25 toward the restoration of the Historic Eagan Town Hall. L. It was recommended to approve a temporary on -sale liquor license for the Twin Cities Good Time Softball League's North Star Classic on May 28-29, 2016 at 980 Northview Park Road. M. It was recommended to approve Project 1220, Diff ley Road (CSAH 30)/Blackhawk Road, Diff ley Road (CSAH/30)/Johnny Cake Ridge Road & Pilot Knob Road (CSAH 31)/Corporate Center Drive traffic signal revisions. N. It was recommended to receive bids for City Contract 16-04 (Central Maintenance Facility Renovations) and award the contract to Ebert Construction, Inc., for the Base Bid and Alternate No. 1 in the amount of $6,141,727.00, and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to receive the bids for Contract 16-14 (Central Maintenance Campus — Salt Storage Building), award the contract to A & B Construction for the bid amount of $209,371.00, and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to receive the bids for Contract 16-15 (Central Maintenance Campus — Covered Storage Bins), award the contract to Greystone Construction for the bid amount of $234,900.00, and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to approve a parking license agreement with Oak Hills Church and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to schedule a Special City Council meeting for 6:30 p.m. on Monday, May 23, 2016 in the Council Chambers to consider the MVZ development application. S. It was recommended to approve IRU's (Indefeasable Right of Use) Agreements between the City of Eagan and Dakota County to use Fiber Optic Cable and Conduit, approve a Joint Powers Agreement with Dakota County to extend fiber along Johnny Cake Ridge Road. T. It was recommended to approve a resolution granting Comcast of Minnesota, Inc. (Comcast) a franchise term extension to December 31, 2016. U. It was recommended to approve a resolution and event partnership donation agreement from Blue Cross & Blue Shield of Minnesota to accept cash donation to support the Eagan Market Fest Veggie Bucks Program and direct the Mayor and City Clerk to sign the appropriate documents. City Council Meeting Minutes March 15, 2016 3 page There were no public hearings to be heard. PUBLIC HEARINGS OLD BUSINESS Planned Development Amendment — Metro Transit / Metropolitan Council City Administrator Osberg introduced the item noting the Council is being asked to continue action regarding a Planned Development Amendment to allow an expansion of the Cedar Grove Transit Station and related site improvements for property located at 4035 Nicols Road until the next City Council meeting on April 5, 2016. Osberg noted City staff reached out to both the MVTA and the Metropolitan Council staff; however, the first opportunity to meet on site with MVTA staff was Friday, March 11. City staff is also expecting a memo from the Metropolitan Council for inclusion in the next City Council packet. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue action until the next regularly scheduled City Council meeting on April 5, 2016, regarding a Planned Development Amendment to allow an expansion of the Cedar Grove Transit Station and related site improvements for property located at 4035 Nicols Road. Aye: 4 Nay: 0 NEW BUSINESS Receive Application for Minnesota Investment Fun Allocation for Corvida Medical and Schedule a Public Hearing for its Consideration City Administrator Osberg introduced the item noting Council is being asked to receive a Minnesota Investment Fund application from Corvida Medical for its new location in the City of Eagan at 3660 Dodd Road, and to schedule a public hearing for April 5, 2016. Community Development Director Hohenstein provided additional information. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to receive a Minnesota Investment Fund application from Corvida Medical for its new location in the City of Eagan at 3660 Dodd Road and schedule a Public Hearing in that regard on April 5, 2016. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. City Council Meeting Minutes March 15, 2016 4 page ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire invited folks to the State of the City on Thursday, March 17 at Eagan City Hall in the Council Chambers. The meet and greet will begin at 7:30 a.m. followed by the Address at 7:50 a.m. For those unable to attend in person, the address will be carried live on Eagan -TV channel 16 and via Webstream. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:21 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk Agenda Information Memo April 5, 2016 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1 Action To Be Considered: Andrew Pimental was named for the position of Director of Parks and Recreation Facts: ➢ The Council previously approved the hiring of the position on November 17, 2015. ➢ The process to find the next Parks and Recreation Director began in January 2016. ➢ The City received 39 applications for the position. ➢ The City interviewed nine candidates in the first round of interviews, and followed up with four candidates interviewed in the second round. ➢ The hiring of a director "to be named" was approved on March 15, 2016. ➢ The City Council interviewed two finalists for the position on March 29, 2016, and recommended an offer be extended to Andrew Pimental. ➢ Mr. Pimental has served as the Recreation Manager for the Minneapolis Parks and Recreation Board since 2013. Prior to coming to Minneapolis, he served as the General Manager of Green Valley Ranch Metropolitan District in Colorado for five years. As Manager of the District, he was responsible for oversight of parks, recreation, open space management and services, infrastructure development and maintenance, water and sewer management, and Home Owner Association operations. ➢ Mr. Pimental has passed the background check and has accepted the City's offer to be the next Director of Parks and Recreation. He will begin employment on May 2, 2016. ITEM 2 Action To Be Considererd: Accept resignation/retirement for Mike Lence, Senior Building Inspector and authorize replacement. Facts: ➢ Mr. Lence is retiring from the City of Eagan with over 14 years of service INFORMATIVES: Full Time Park Maintenance Worker: Eric Hove Full Time Code Enforcement/ Property Maintenance Specialist: William Hank ➢ City Council approved hiring for these positions on March 15, 2016. Agenda Information Memo April 5, 2016 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated March 11 and 18, 2016 as presented. Attachments: (2) CC -1 Check register dated March 11, 2016 CC -2 Check register dated March 18, 2016 Agenda Information Memo April 5, 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: o Lease agreement with The Open Door for the operation of a community garden located at Woodhaven Park o Agreement with Forecast Public Art for public art consulting services o Product Test Agreement with The Toro Company for the use of City parks as mowing equipment test sites o Display Contract with RES Specialty Pyrotechnics for a 4th of July fireworks display o Playground Equipment Donation Agreement with Kids Around the World for the donation of surplus playground equipment to be installed in a location for underprivileged children o Agreement with SafeAssure Consultants, Inc. for employee safety program consulting services o Trial Agreement for Equipment and Service with Verizon Wireless for push-to-talk equipment Attachments: (0) The contracts are available from the City Clerk’s Office. Agenda Information Memo April 5, 2016 Eagan City Council Meeting CONSENT AGENDA Approve a Resolution to accept reimbursement from the Minnesota Board of Firefighter Training and Education in the amount of $25,600 for the Fire Department and authorize the necessary budget adjustment Action To Be Considered: Approve a resolution to accept reimbursement from the Minnesota Board of Firefighter Training and Education in the amount of $25,600 for the Fire Department and authorize the necessary budget adjustment. Facts: ➢ The Eagan Fire Department applied for and was accepted by the Minnesota Board of Firefighter Training and Education (MBFTE) as a state recognized training academy called the Northern Dakota Training Academy (NDTA). ➢ The NDTA provides initial firefighter training (to the NFPA 1001 standard for Firefighter training) for the Cities of Eagan, Inver Grove Heights, Mendota Heights, Rosemount and Hastings. ➢ The training academy was awarded state reimbursement through the MBFTE for the training of up to 20 firefighter at $1280.00 per student, for a total of $25,600 for the 2015-2016 fiscal year. ➢ The MBFTE funding is a reimbursement to the participating cities for costs associated with the conducting the training including books, equipment, supplies, testing fees, etc... Attachments: (1) CE -1 Resolution 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 April 5th, 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 donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Minnesota Board of Firefighter Training and Education has approved a reimbursement of $25,600 to the City of Eagan for the Northern Dakota Training Academy 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; ADOPTED this 5th day of April, 2016 Mike Maguire, Mayor FAI§ S 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. Agenda Information Memo April 5, 2016, Eagan City Council Meeting CONSENT AGENDA F. Set interest rate on special assessments levied in 2016 at 3.5% Action to be Considered: To set the interest rate for special assessments levied in 2016 at 3.5%. Facts: ➢ By policy, the interest rate for special assessments is set by the Council each year in April for projects to be assessed in the current year. The rate applies to assessments on public improvement projects, delinquent utility bills, and delinquent invoices for noxious weed -cutting, board -ups, and false alarm charges. ➢ The interest rate is to be between 1.5% and 2.0% over the current composite 10 - year AAA municipal bond yield, rounded to the nearest .5%. ➢ The current composite 10 -year AAA municipal bond yield is 1.61%, putting the City interest rate range at 3.11% to 3.61%; therefore, the interest rate to be used on special assessments this year calculates to 3.5%. ➢ Last year, the special assessment rate was 3.5% as well. Attachments: (0) Agenda Information Memo April 5, 2016 Eagan City Council Meeting CONSENTAGENDA G. Adopt Resolution Supporting A Minnesota Investment Fund Application In Connection With Prime Therapeutics Action To Be Considered: To adopt a Resolution supporting a Minnesota Investment Fund (MIF) application in connection with Prime Therapeutics expansion within the City of Eagan. Facts: ➢ On November 17, 2015, the Eagan Economic Development Authority (EDA) authorized submittal of a Minnesota Investment Fund (MIF) application to the Department of Employment and Economic Development (DEED) to assist with expansion of Prime Therapeutics campus expansion in Eagan. ➢ The application was submitted on December 2, 2015, and subsequently, an award of $250,000 was approved by DEED in the form of a forgivable loan. City Staff is currently finalizing the Loan Agreement and State Contract to receive the loan distribution. ➢ Before the agreements can be signed, the State of Minnesota requires the governing body of the City to adopt a resolution in support of the application or award when a separate body of the City is the applicant. In Eagan's case, although both bodies are comprised of the same members, the City Council must support the EDA's action. Attachments: (1) CG -1 Resolution RESOLUTION NO. RESOLUTION SUPPORTING A MINNESOTA INVESTMENT FUND APPLICATION IN CONNECTION WITH PRIME THERAPEUTICS, LLC. CITY OF EAGAN WHEREAS, the City of Eagan, Minnesota (the "City"), desires to assist Prime Therapeutics, LLC, which is proposing an expansion in the City; and, WHEREAS, the City of Eagan understands that Prime Therapeutics, LLC, through and with the support of the Eagan Economic Development Authority (EDA), has applied to the Minnesota Department of Employment and Economic Development's Minnesota Investment Fund Program for project financing; and, WHEREAS, the City of Eagan held a City Council meeting on April 5, 2016, to consider this matter. NOW, THEREFORE, BE IT RESOLVED that, after due consideration, the Mayor and City Council of the City of Eagan, Minnesota, hereby express their approval of the Minnesota Investment Fund application or award from the City of Eagan Economic Development Authority to assist with this project. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mike Maguire, Mayor and Christina M. Scipioni, City Clerk, City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan City Council in a regular meeting thereof assembled this 5t" day of April, 2016. Mike Maguire, Mayor Christina M. Scipioni, City Clerk Agenda Information Memo April 5, 2016, Eagan City Council Meeting CONSENT AGENDA H. Approve Off -Sale Liquor License for BK Discount Liquor LLC doing business as BK Discount Liquor, 4130 Blackhawk Road Suite 100. Action To Be Considered: To approve an Off -Sale Liquor License for BK Discount Liquor LLC doing business as BK Discount Liquor at 4130 Blackhawk Road Suite 100. Facts: ➢ Tina Kim and Phanna Kim, new owners of BK Discount Liquor LLC, have applied for an Off -Sale Liquor License. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo April 5, 2016, Eagan City Council Meeting CONSENT AGENDA I. Approve Off -Sale Liquor License Drinks Liquor LLC doing business as Drinks Liquor, 3090 Courthouse Lane Suite 200. Action To Be Considered: To approve an Off -Sale Liquor License for Drinks Liquor LLC doing business as Drinks Liquor at 3090 Courthouse Lane Suite 200. Facts: ➢ David Valen, the new owner of BK Discount Liquor LLC, has applied for an Off - Sale Liquor License. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo April 5, 2016, Eagan City Council Meeting CONSENT AGENDA J. Approve Exempt Permit for the Eagan Athletic Association to hold a raffle on May 8, 2016 at 4201 Lexington Avenue Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Eagan Athletic Association to conduct a raffle on May 8, 2016 at the Lexington-Diffley Athletic Fields, 4201 Lexington Avenue. Facts: ➢ The Eagan Athletic Association 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) CJ -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN ATHLETIC ASSOCIATION WHERAS, the Eagan Athletic Association has applied for an Exempt Permit to conduct a raffle on May 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 Eagan Athletic Association to conduct a raffle on May 8, 2016 at 4201 Lexington Ave. Motion by: Seconded by: Those in favor: Those against: Date: April 5, 2016 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Scipioni, Cleric 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 5th day of April, 2016. City Cleric Agenda Information Memo April 5, 2016 Eagan City Council Meeting CONSENT AGENDA K. Approve Property Maintenance Services for 2016 -City of Eagan ActionTo Be Considered: To approve pool of Consultant Service providers for lawn mowing,refuse removal, securing vacant buildings and general maintenance for the collection of businesses on the attached list, authorize the City Planner and/or Senior Code Enforcement Technician asthe signatory for work orders, and to authorize the Mayor and City Clerkto execute all related documents. Facts: ➢ In keeping with the Eagan City Policy for Engaging Professional Consulting Services, contractors have been solicited to submit bids for 2016 services. These are being presented to the City Council for their consideration of approving contractors for such services. ➢ The City of Eagan has a history of hiring lawn maintenance contractors to cut long grass and weeds on properties where, after notification, the owner has failed to become compliant with City Code requirements. ➢ Ordinance Amendment No. 433 adopted November 6,2008 amended City Code Sec.10.01regarding storage, depositand disposal of refuse, allows the Cityto abate public health and safety nuisances by disposing of refuse abandoned on a property. ➢ City Code Sec. 10.51allows the City to abate nuisances by disposing of junk furniture, household goods and appliances abandoned outdoors on property. ➢ Property owners of record are billed for the services provided and costs are assessed against the property if th a bills are unpaid. Issues: None Attachments: (2) CK -1 Consultant List CK -2 Property Service Agreements 2016 Consultant Service Pool — Code Enforcement Contractor List All contractors are required to carry workers compensation coverage. The contractors are required to provide Certificates of Insurance evidencing liability insurance naming the City as an additional insured party. Prices do not include sales tax. Twin Cities Junk Hauling LLC DBA 1 -800 -Got Junk? Minimum Charge Volume Rate $129.00 Contact: Chris Koehnen (Additional per piece price for standard item removal) 1209 Tyler Street NE, #160 Full Load Volume Rate $598.00 Minneapolis, MN 55413 763-442-6920 chris.koehnen@1800eotiunk.com Kaufman Enterprises Inc. Residential Lawn Maintenance $55.00/hr/man + debris removal Contact: Nancy Ahern Flail Mow Large Vacant Areas $150.00/hr + debris removal 3401 Hwy 55 Vegetation Debris Removal $9.00/yard + landfill fee Eagan, MN 55121 651-528-8700 kei@kaufmanent.com Suburban Landscape Service Inc. Commercial Lawn Mower $55.00/hr/man Contact: Collin Merrill Walk Behind Sweeper $80.00/hr 3486 Dodd Rd Vegetation Debris Removal $22.00/cubic yard Eagan, MN 55123 Hand Labor $48.00/hr 651-442-6196 1 -ton Truck w/20' Dump Trailer $85.00/hr collie@slsdesigmmcorn Skid Loader w/bucket/forks $85.00/hr Debris Removal -Dump Truck $125.00/hr This Property Ser%dees Agreement ("Agreement") is entered into this 7-qk day of Gk , 2016, by and between the City of Eagan, 3 30 Pilot Knob load, Eagan, MN 55122 (the "City") and w;.,r. C.` S Y�1! u l� , (the "Contractor"). WHEREAS, Contractor has experience and expertise in property maintenance services; and WHEREAS, the City desires to engage Contractor to assist in property maintenance services, and WHEREAS, Contractor desires to accept such engagement upon the terms and conditions hereinafter set forth, NOW THEREFORE, in consideration of the mutual agreements herein contained and intending to be legally bound hereby, the City and Contractor hereby agree as follows: ARTICLE 1. TERM OF CONTRACT Section 1.01. TERM, This Agreement will become effective on fV\c,-C� y)� ZDI� and will continue in effect, unless terminated in accordance with the provisions of Article 7 of this Agreement. Section 2.01. INDEPENDENT CONTRACTOR STATUS. The City and Contractor expressly agree that Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Contractor or any employee or agent of Contractor. Both parties acknowledge that Contractor is not an employee for state or federal tax purposes. Section 3.01. CONTRACTOR'S SERVICES. The City hereby retains Contractor (on a non- exclusive basis) for the purpose of providing the following property maintenance services to various properties located through the city: lawn mowing " re. se fen1ova " securing vacant buildings • general maintenance (collectively the "Property Services") Section 3.02. METHOD OF PERFORMING SERVICES.. Contractor shall determine the method, details, and means of performing the above-described Services, Section 3.03, PLACE OF WORK. Contractor shall base the performance of the Property Services at locations as determined by the City, The City is not required to provide office, technical or clerical support services to Contractor. Section 3.04. TIME OF PERFORMANCE. Contractor shall submit for the City's approval a schedule for the performance of the Property Services that may be adjusted by mutual consent as the Property Services proceed. Time limits established by this schedule approved by the City shall not be exceeded by Contractor or the City, except for reasonable cause, agreed to by the City. Section 4.01. AMOUNT OF COMPENSATION. In consideration for the Property Services to be performed by Contractor, the City agrees to pay Contractor consulting fees as follows: See Compensation Schedule attached as "Schedule A." Any compensation must be agreed to by the City, All Property Services for which Contractor is retained shall be on an hourly fee basis unless otherwise agreed to by the City. Section 4.02, PAYMENT FOR COMPENSATION. Payment will be made as follows: Contemporaneously with the submission of any bill to the City, the Contractor shall provide an itemized statement detailing the number of hours spent by any employee or agent as well as the hourly rate charged by the individual providing the work. The Contractor shall segregate its billing to separate projects as may be required by the City. Section 4.03. EXPENSES. Contractor shall be responsible for all costs and expenses incident to the performance of the Services, including but not limited to, all taxes required of or imposed against Contractor and all other of Contractor's costs of doing business, The City agrees to reimburse Contractor only for those reimbursable expenses set forth on "Schedule A." Section 5.01. ASSIGNMENT. Neither this Agreement nor any rights, duties, or obligations under this Agreement may be delegated or assigned by Contractor without the prior written consent of the City. Section 5.02, STATE AND FEDERAL TAx>rs. As Contractor is not the City's employee, Contractor is responsible for paying all required state and federal taxes. In particular, the City will not withhold FICA (Social Security) from Contractor's payments; will not make state or federal unemployment insurance contributions on Contractor's behalf, will not withhold state or federal 2 income tax from payment to Contractor; will not make disability insurance contributions on behalf of Contractor; or will not obtain workers' compensation insurance on behalf of Contractor. ARTICLE 6. THE CITY'S OBLIGATIONS Section 6.01. TIDE CITY'S COOPERATION. The City agrees to comply with Contractor's reasonable requests necessary to the performance of Contractor's duties under this Agreement. Section 6,02. ASSIGNMENT. Neither this Agreement nor any rights, duties, or obligations under this Agreement may be delegated or assigned by the City without the prior written consent of Contractor unless this agreement is terminated. ARTICLE 7. TERMINATION OF AGREEMENT Section 7.01. TERMINATION ON OCCURRENCE OF STATED EVENTS. The City may terminate this Agreement automatically on the occurrence of any of the following events: (1) Contractor's bankruptcy or insolvency; (2) the sale or merger of Contractor's business and/or change in majority ownership; or (3) failure of Contractor to perform the Property Services in a timely fashion. Additionally, this Agreement may be terminated by either party upon thirty days written notice without cause. All provisions of this Agreement allocating responsibility or liability between the City and Engineer shall survive the completion of the services hereunder and/or the termination of this Ag eernent. Section 7.02. TtRMINATION FOR FAILURE TO MAKE AGREED-UPON PAYMENTS. Should. the City fail to pay Contractor all or any part of the compensation set forth in Article 4 of this Agreement on the date due, Contractor, at Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. ARTICLE 8. DISPUTE RESOLUTION/CONSENT TO ARBITRATION Section 8.01, ARBITRATION ELECTION. Any dispute arising out of or relating to this Agreement may be settled by binding arbitration with the American Arbitration Association. The use of arbitration shall be at the sole discretion of the City. if arbitration is not selected, then the venue for any dispute shall be the Dakota County district court. ARTICLE 9. GENERAL PROVISIONS Section 9.01. NOTICES. Any notices liven hereunder by either party to the other shall be in writing and may be effected by personal delivery with signed receipt or by U.S. mail. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally or by mail will be deemed communicated as of actual receipt; (both sided at time of receipt) Section 9.02. ASSIGNMENT. Except for the Contractor's use of necessary subcontractors, the Contractor and the City shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. Section 9.03. ENTIRE AGREEMENT OF TI3E PARTIES. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor for the City and contains all the covenants and agreements between the parties with respect to the tendering of such services in any spanner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made, orally or otherwise, by any party, or by anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. Section 9.04. INDEMNIFICATION, Contractor agrees to protect, defend, indemnify, and hold the City and its assigns and attorneys, accountants, and employees, harmless from and against all losses, liabilities, damages, judgments, claims, counterclaims, demands, actions, proceedings, costs, and expenses (including reasonable attorneys' fees) of every kind and character resulting from, relating to, or arising out of (a) the inaccuracy, non -fulfillment or breach of any representation, warranty, covenant, or agreement made by Contractor herein; or (b) any legal action, including any counterclaim, or breach of representation, warranty, covenant, or agreement made by Contractor herein; or (c) negligent or willful misconduct, occurring during the term thereof with respect to any of the decisions made by Contractor. Section 9.05. INSURANCE, The Contractor shall provide to the City an insurance certificate, issued by an insurance company of good standing and authorized to do business in Minnesota, evidencing the insuring of liability arising out of the performance of the Property Services for the City, naming the City as additional insured in an amount of at least $1,000,000; and stating that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insured's intention to cancel the insurance. Section 9A6. SEVERABILITY. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule, in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or the effectiveness or validity of any provision in any other jurisdiction, and the remaining provisions of this Agreement will continue in full force without being impaired or invalidated in any way. Section 9.07. QOyERNING LAW. All issues concerning this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Minnesota. 4 Section 9.08. HAZARDOUS SUBSTANCE. The Contractor's scope of services may include Property Services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a property that may affect the Contractor's services, the Contractor may suspend performance of its services, without liability, and will assist the City to retain appropriate specialist Contractors to adequately identify and abate such materials so that Contractor's services may resume. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGAN: CONTRACTOR: Mike Maguire Its: Mayor By: , '_ � L, , s: =a S By: Christina Scipioni, City Clerk APPENDIX X " A " Rate Card Twin Cities TRUSTEID�j JUNKREMOVAL SINCE 1999 VOGL We JruwLNC�v 1l F Load i ia 213 Load $498 314 Load $537 51 ad- 7/8 Load i ,, T S high r. � �olVvwmi&4f.WdFmm hot"" fiYthaetitlpetyaehalpuvsW'Iben� 9 r�� P TRUSTEID�j JUNKREMOVAL SINCE 1999 VOGL We JruwLNC�v 1l F Load i ia 213 Load $498 314 Load $537 51 ad- 7/8 Load i ,, T S high r. � �olVvwmi&4f.WdFmm hot"" fiYthaetitlpetyaehalpuvsW'Iben� 1/4 Bedload (minimum charge) $219 1/2 Bedload $349 3/4 Bedload $429 Full Bedload $498 * Bedload = 3 cublo yards = 10* x 81 x 1' senvio ra vdkr F 117 a UP r • All-inclusive prices with easy billing options • Same-day and off -hours service, including weekends • Fully insured, including general liability and Worker's Compensation • Professional and uniformed truck teams • Customized solutions and coverage across North America 4 Basketball Hoop $ 99 Basketball Hoop and Stand $ 129 SBQ $ 99 Bed - Box Spring (all sizes) $129 Bed - Headboard and Frame $ 99 Bed -Mattress (all sizes) $ 129 Bed - Set (frame, mattress, box spring)$199 Bike $ 99 Bike - Stationary $ 99 Bookcase $ 99 Cabinet-Armolre / China / Hutch $129 Chair - Office $ 99 Chair - Recliner $129 Computer Monitor & Tower $ 99 Copier / Printer - Commercial $ 149 Desk - Large $129 Desk - Small $ 99 Dishwasher presser $ 99 $ 99 Filing Cabinet $ 99 Freezer - Apartment Size $ 99 Freezer - Large $ 129 Futon $ 99 'PFE K-1. Wm4i.�'$ � 1-20 i., per_ 'SERVICE Twin Cities Hot Tub - (Starting at) $ 359 Lawn Mower - Push $ 99 Microwave $ 99 Piano - (Starting at) $ 299 Pool Table - (Starting at) $ 229 Printer - Home $ 99 Refrigerator $159 Refrigerator - Bar Size $ 99 Sofa $129 Sofa - Sleeper $ 169 Stove $ 99 Table - Coffee $ 99 Table - Conference $ 149 Table - Dining Room $ 99 Table - Dining Room + Chairs $ 149 Table - End $ 99 Table - Kitchen $ 99 Treadmill $129 TV - Large $149 TV - Regular $ 1d9 TV Stand —Entertainment Center $ 99 TV Stand - Stand Only $ 99 Washer or Dryer $ 99 TWINC-6 OP ID: PB OF LIABILITY INSURANCE01/2112016 D 1Y,CERTIFICATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER Aaron Cavanaugh Agency Insurance Advisors Inc 42nd Ave N Ste 101 CONTACT NAME: Aaron Cavanaugh PHONE 763.398-4034 uC Na;7B3-398-4060 c No Ext : _ —._ _FAX T ADDDRELSS: a.CavanaU h laimn.com New Hope, MN 55427 Now H Aaron Cavanaugh INSURE S AFFORDING COVERAGE NAIL 4 INSURER A: Western NaVI Mutual Ins. Co. 15377 EACH. OCCURRENCE $ 1,000,00 INSURED Twin Cities Junk Hauling, LLC DBA 1 -800 -GOT -JUNK 1209 Tyler Street NE We 160 INSURERS: INSURERC• GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PEO [:] LOC OTHER: Minneapolis, MN 55413 INSURER D: INSURER E : A INSURER F : LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUOS H RED AUTOS NON -OWNED AUTOS COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR .LTR TYPE OF INSURANCE ADD SUB POLICY NUMBER POLICY MMID® EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR CPP1086627 00 01/1912016 01119/2017 EACH. OCCURRENCE $ 1,000,00 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,00 MED EXP (Arty one person) $ 3,00 PERSONAL & ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PEO [:] LOC OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMP/DP AGG $ 2,000,00 $ A AUTOMOBILE x LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUOS H RED AUTOS NON -OWNED AUTOS CPP 1085116 01/1912016 01/19/2017 COMBINED SINGLE LIMIT $ 1_r , 000 00 Ea axltlent BODILY INJURY (Per person) $ BODILY INJURY (Par acddent) $ PROPERTY DAMAGE $ Per eccldent 5 A X UMBRELLA UAB EXCESS LIAB X OCCUR CLAIMS -MADE UMB 1017$16 01/1912016 01/18/2017 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DED RETENTION $ 5 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIECECUTIVE Y❑ IM OFFICEREMBER EXCLUDED? (Mandatory In NH) Iiyyes, descdba under ESCRIFT[O OF OPERATIONS below N!A CV 1010940 01/1912016 0111912017 PEROT - STATUTE ER E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA FMPLOYEEI $ 500,00 E,L, DISEASE - POLICY LIMIT $ 500,00 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 161, AddHlonal Ramarks Schedule, maybe aftachad If more space Is required) Garbage, ash or refuse collecting.Certificate holder is additional insured for projects performed for them underwritten contract CERTIFICATE HOLDER CANCELLATION EAGAN01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Eagan City g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 3830 Pilot Knob Road Eagan, MN 55122-1897 AUTHORIZED REPRESENTATIVE O 1986-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD This Property Services Agreement ("Agreement") is entered into this BA day of MCLrCk) , 2016, by and between the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122 (the "City") and KaLA�= �i'1� i ses,. nG. , (the "Contractor"). WHEREAS, Contractor has experience and expertise in property maintenance services; and WHEREAS, the City desires to engage Contractor to assist in property maintenance services; and WHEREAS, Contractor desires to accept such engagement upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual agreements herein contained and intending to be legally bound hereby, the City and Contractor hereby agree as follows: ARTICLE 1. TERM OF CONTRACT Section 1.01. TERM. This Agreement will become effective on a Mdbteh ZONO and will continue in effect, unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS Section 2.01. INDEPENDENT CONTRACTOR STATUS. The City and Contractor expressly agree that Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Contractor or any employee or agent of Contractor. Both parties acknowledge that Contractor is not an employee for state or federal tax purposes. ARTICLE 3. SER'V'ICES TO BE PERFORMED BY CONTRACTOR Section 3.01. CONTRACTOR'S SERVICES. The City hereby retains Contractor (on a non- exclusive basis) for the purpose of providing the following property maintenance services to various properties located through the city: lawn mowing refuse removal securing vacant buildings o general maintenance (coIIectively the "Property Services") Section 3,02, METHOD OF PERFORbfING SERVICES. Contractor shall determine the method, details, and means of performing the above-described Services. Section 3.03, PLACE of WORK. Contractor shall base the performance of the Property Services at locations as determined by the City. The City is not required to provide office, technical or clerical support services to Contractor. Section 3.04. TIME OF PERFORMANCE. Contractor shall submit for the City's approval a schedule for the performance of the Property Services that may be adjusted by mutual consent as the Property Services proceed. Time limits established by this schedule approved by the City shall not be exceeded by Contractor or the City, except for reasonable cause, agreed to by the City. ARTICLE 4. COWENSATION Section 4.01. AMOUNT OF COMPENSATION. In consideration for the Property Services to be performed by Contractor, the City agrees to pay Contractor consulting fees as follows: See Compensation Schedule attached as "Schedule A," Any compensation must be agreed to by the City. All Property Services for which Contractor is retained shall be on an hourly fee basis unless otherwise agreed to by the City. Section 4.02. PAYMENT FOR COMPENSATION. Payment will be made as follows: Contemporaneously with the submission of any bill to the City, the Contractor shall provide an itemized statement detailing the number of hours spent by any employee or agent as well as the hourly rate charged by the individual providing the work. The Contractor shall segregate its billing to separate projects as may be required by the City. Section 4.03. EXPENSES. Contractor shall be responsible for all costs and expenses incident to the performance of the Services, including but not limited to, all taxes required of or imposed against Contractor and all other of Contractor's costs of doing business. The City agrees to reimburse Contractor only for those reimbursable expenses set forth on "Schedule A." ARTICLE S. CONTRACTOR'S OBLIGATION'S Section 5.01. ASSIGNMENT. Neither this Agreement nor any rights, duties, or obligations under this Agreement may be delegated or assigned by Contractor without the prior written consent of the City. Section 5.02. STATE AND FEDERAL TAXES. As Contractor is not the City's employee, Contractor is responsible for paying all required state and federal taxes. In particular, the City will not withhold FICA (Social Security) from Contractor's payments; will not make state or federal unemployment insurance contributions on Contractor's behalf; will not withhold state or federal 2 income tax from payment to Contractor; will not make disability insurance contributions on behalf of Contractor; or will not obtain workers' compensation insurance on behalf of Contractor. ARTICLE 6. THE CITY'S OBLIGATIONS Section 6.01. THE CTTY's COOPERATION. The City agrees to comply with Contractor's reasonable requests necessary to the performance of Contractor's duties under this Agreement. Section 6.02. AssIGNMENT. Neither this Agreement nor any rights, duties, or obligations under this Agreement may be delegated or assigned by the City without the prior written consent of Contractor unless this: agreement is terminated. A)R.TICLE 7. TERMINATION OF AGREEMENT Section 7.01. TERMINATION ON OCCURRENCE OF STATED EVENTS. The City may terminate this Agreement automatically on the occurrence of any of the following events: (1) Contractor's bankruptcy or insolvency; (2) the sale or merger of Contractor's business and/or change in majority ownership; or (3) failure of Contractor to perform the Property Services in a timely fashion. Additionally, this Agreement may be terminated by either party upon thirty days written notice without cause. All provisions of this Agreement allocating responsibility or liability between the City and Engineer shall survive the completion of the services hereunder and/or the termination of this Agreement. Section 7.02. TERMINATION FOR FAILURE TO MAKE AGREED-UPON PAYMENTS. Should the City fail to pay Contractor all or any part of the compensation set forth in Article 4 of this Agreement on the date due, Contractor, at Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. ARTICLE S. DISPUTE RESOLUTION/CONSENT TO ARBITRATION Section $.01. ARBITRATION ELECTION. Any dispute arising out of or relating to this Agreement may be settled by binding arbitration with the American Arbitration Association. The use of arbitration shall be at the sole discretion of the City. If arbitration is not selected, then the venue for any dispute shall be the Dakota County district court. ARTICLE 9. GENERAL PROVISIONS Section 9.01, NOTICES. Any notices given hereunder by either party to the other shall be in writing and may be effected by personal delivery with signed receipt or by U.S. mail. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally or by mail will be deemed communicated as of actual receipt; (both signed at time of receipt) 3 Section 9.02. ASSIGNMENT. Except for the Contractor's use of necessary subcontractors, the Contractor and the City shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. Section 9.03. ENTIRE AGREEMENT OF THE PARTIES. This Agreement Supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor for the City and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made, orally or otherwise, by any party, or by anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. Section 9.04. INDEMNIFICATION. Contractor agrees to protect, defend, indemnify, and hold the City and its assigns and attorneys, accountants, and employees, harmless from and against all losses, liabilities, damages, judgments, claims, counterclaims, demands, actions, proceedings, costs, and expenses (including reasonable attorneys' fees) of every kind and character resulting from, relating to, or arising out of (a) the inaccuracy, non -fulfillment or breach of any representation, warranty, covenant, or agreement made by Contractor herein; or (b) any legal action, including any counterclaim., or breach of representation, warranty, covenant, or agreement made by Contractor herein; or (c) negligent or willful misconduct, occurring during the term thereof with respect to any of the decisions made by Contractor. Section 9.05. INSURANCE. The Contractor shall provide to the City an insurance certificate, issued by an insurance company of good standing and authorized to do business in Minnesota, evidencing the insuring of liability arising out of the performance of the Property Services for the City, naming the City as additional insured in an amount of at least $1,000,000; and stating that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insured's intention to cancel the insurance. Section 9.06. SEVERABILITY. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule, in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or the effectiveness or validity of any provision in any other jurisdiction, and the remaining provisions of this Agreement will continue in full force without being impaired or invalidated in any way. Section 9.07. GoyERNING LAW. All issues concerning this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Minnesota. 4 Section 9,08, HAZARDOUS SUBSTANCE. The Contractor's scope of services may include Property Services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a property that may affect the Contractor's services, the Contractor may suspend performance of its services, without liability, and will assist the City to retain appropriate specialist Contractors to adequately identify and abate such materials so that Contractor's services may resume. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written, CITY OF EAGAN: By: Mire Maguire Its: Mayor By: Christina Scipioni, City Clerk CONTRACTOR: "Voy.1910 Kaufman Enterprises, Inc. 3401 Highway 55 Eagan, MN 55121 651-528-8700 651-528-8807 Fax City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Mary Granley March 8, 2016 Contract for Summer Maintenance for the 2016 Season Property Services for Lawn Mowing Lawn Maintenance — Designated House * Mowing grass areas and trimming all weeds in a timely manner with a regular lawn mower as per requested by Property services. Haul Away Debris ($9A0 per yard landfill fee extra) Charge $55.00/hr/man+debris Large Vacant Area • Mow large area with a flail mower. • Haul Away Debris ($9.00 per yard landfill fee extra) Charge $150.00/hour+debris Additional Services - Bid on a per hour basis. Customer Signature,_ Date Signed Contractor Signature Date Signed Prices do not include sales tax AC RO CERTIFICATE OF LIABILITY INSURANCE PATE{MMIpd/YYY1h 11/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A'CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER C.O. Brown Insurance 325 North Riverfront Drive Mankato VIN 56001 CONTAME;CT Emilee Iverson NA PH°NE (507) 387-5460 AXi. No: (587)987-6265 E-MAIL ADDRESS );Iverson@cobrown.com INSURERS AFFORDING COVERAGE MAIC # wsuRERA:EMC "A" Excellent A.M. Best 121415 INSURED KAUFMAN ENTERPRISES, INC. 3401 HXGHWAY 55 EAGAN MN 55121-1510 INSURER 0: INSURER C; INSURER D; INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER;15/16 Certs REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES -OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUME=NT WITH RESPECT TO WHICH THIS CERTIFICATE MAY ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ES SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH OOLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE D SBR POLICY NUMBER MM/DD EFF MMIDD EXP LIMBS X COMMERCIAL GENERAL LIABILIYY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE 'l y ,a OCCUR •• I PREM! ES S E au€rrence $ 100,000 MED EXP (Any one person) $ 5,000 X i 4D63387 /211/2015 12/1/2016 PERSONAL &ADV INJURY $ 1,000,000 I GEN'LAGGREGATE LIMIT APPLIES PER; RD POLICY LOC POLICY � GENERAL AGGREGATE $ 2,000,000 I ( PRODUCTS - COMPIOP AGO $ 2,000000 $ OTHER: AUTOMOBILE LIABILITY COMBINFD SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO RLLOWNED SSCrHrEEDULED OS NON -OWNED HIRED AUTOS AUTOS 4263387 12/1/2015 12/1/2016 BODILY INJURY (Per accident) $ P OPERTY AGE $ Underinsured motodst $ 1,000,000 X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE 3 4,000,000 A EXCESS LIAB CLAIMS -MADE i4J63387 DE0 I X I RETENTION$ 10,000 $ 12/1/201$ 12/1/2016 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN. ANY PROPRIETORPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) I It yyas describe under DESaRIPTION OF OPERATIONS below NIA j 1 ' 4R63381 12/1/2015 12/1/2016 RA UTE SRH E.L. EACH ACCIDENT $ 1,000,000 E.L.O!SEASE-EA EMPLOYEE $ 1,000,009 E.L. DISEASE - POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORO 101, Additional Remarks Schedule, maybe attachedif more apace Is required) The City of Eagan is an additional insured in regard to General Liability. 30 days noticeof cancellation applies, exept in the .case of non-payment of premium in which 10 days notice of cancellation would apply. City of Eagan 3830 Pilot; Knob Rd Eagan, MN 55122 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Debra Cerny/EDI ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 0014mt This Property Services Agreement ("Agreement") is entered into this 1 d,01day of MAkc , 2016, by and between the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122 (the "City") and Suburban Landscape Service __..................... , (the "Contractor"). WHEREAS, Contractor has experience and expertise in property maintenance services; and WHEREAS, the City desires to engage Contractor to assist in property maintenance services; and WHEREAS, Contractor desires to accept such engagement upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual agreements herein contained and intending to be legally bound hereby, the City and Contractor hereby agree as follows: ARTICLE 1. TERM OF CONTRACT Section 1.01. TERM. This Agreement will become effective on and will continue in effect, unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS Section 2.01. INDEPENDENT CONTRACTOR STATUS, The City and Contractor expressly agree that Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Contractor or any employee or agent of Contractor. Both parties acknowledge that Contractor is not an employee for state or federal tax purposes. .ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR Section 3.01. CONTRACTOR'S SERVICES. The City hereby retains Contractor (on a non- exclusive basis) for the purpose of providing the following property maintenance services to various properties located through the city, • lawn mowing • refuse removal • securing vacant buildings • general maintenance (collectively the "Property Services") Section 3.02. METHOD OF PERFORMIIVG SERVICES. Contractor shall determine the method., details, and means of performing the above-described Services. Section 3.03. PLACE OF WORK. Contractor shall base the performance of the Property Services at locations as determined by the City. The City is not required to provide office, technical or clerical support services to Contractor. Section 3.04. TIME OF PERFORMANCE. Contractor shall submit for the City's approval a schedule for the performance of the Property Services that may be adjusted by mutual consent as the Property Services proceed. Time limits established by this schedule approved by the City shall not be exceeded by Contractor or the City, except for reasonable cause, agreed to by the City. ARTICLE 4. COMPENSATION Section 4.01. AMOUNT OF COMPENSATION. In consideration for the Property Services to be performed by Contractor, the City agrees to pay Contractor consulting fees as follows: See Compensation Schedule attached as "Schedule A." Any compensation must be agreed to by the City. All Property Services for which Contractor is retained shall be on an hourly fee basis unless otherwise agreed to by the City. Section 4.02. PAYMENT FOR COMPENSATION. Payment will be made as follows: Contemporaneously with the submission of any bill to the City, the Contractor shall provide an itemized statement detailing the number of hours spent by any employee or agent as ;well as the hourly rate charged by the individual providing the work. The Contractor shall segregate its billing to separate projects as may be required by the City. Section 4.03. EXPENSES. Contractor shall be responsible for all costs and expenses incident to the performance of the Services, including but not limited to, all taxes required of or imposed against Contractor and all other of Contractor's costs of doing business. The City agrees to reimburse Contractor only for those reimbursable expenses set forth on "Schedule A." ARTICLE 5. CONTRACTOR'S OBLIGATIONS Section 5.01. ASSIGNMENT. Neither this Agreement nor any rights, duties, or obligations under this Agreement may be delegated or assigned by Contractor without the prior written consent of the City. Section 5.02. STATE AND FEDERAL TAXES. As Contractor is not the City's employee, Contractor is responsible for paying all required state and federal taxes. In particular, the City will not withhold FICA (Social Security) from Contractor's payments; will not make state or federal 2 unemployment insurance contributions on Contractor's behalf, will not withhold state or federal income tax from payment to Contractor; will not make disability insurance contributions on behalf of Contractor; or will not obtain workers' compensation insurance on behalf of Contractor. ARTICLE 6. THE CITY'S OBLIGATIONS Section 6.01. THE CITY'S COOPERATION. The City agrees to comply with Contractor's reasonable requests necessary to the performance of Contractor's duties under this Agreement. Section 6.02. ASSIGNMENT. Neither this Agreement nor any rights, duties, or obligations under this Agreement may be delegated or assigned by the City without the prior written consent of Contractor unless this agreement is terminated. ARTICLE 7. TERMINATION OF AGREEMENT Section 7.01. TERMINATION ON OCCURRENCE OF STATED EVENTS. The City may terminate this Agreement automatically on the occurrence of any of the following events: (1) Contractor's bankruptcy or insolvency; (2) the sale or merger of Contractor's business and/or change in majority ownership; or (3) failure of Contractor to perform the Property Services in a timely fashion. Additionally, this Agreement may be terminated by either party upon thirty days written notice without cause. All provisions of this Agreement allocating responsibility or liability between the City and Engineer shall survive the completion of the services hereunder and/or the termination of this Agreement. Section 7.02. TERMINATION FOR FAILURE TO MAKE AGREED-UPON PAYMENTS. Should the City fail to pay Contractor all or any part of the compensation set forth in Article 4 of this Agreement on the date due, Contractor, at Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. ARTICLE 8. DISPUTE RESOLUTION/CONSENT TO ARBITRATION Section 8.01. ARBITRATION ELECTION. Any dispute arising out of or relating to this Agreement may be settled by binding arbitration with the American Arbitration Association. The use of arbitration shall be at the sole discretion of the City. If arbitration is not selected, then the venue for any dispute shall be the Dakota County district court. ARTICLE 9. GENERAL PROVISIONS Section 9.01. NOTICES. Any notices given hereunder by either party to the other shall be in writing and may be effected by personal delivery with signed receipt or by U.S. mail. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally or by mail will be deemed communicated as of actual receipt; (both signed at time of receipt) Section 9.02. ASSIGNMENT. Except for the Contractor and the City shall not assign o Agreement without the written consent o unreasonably withheld. Contractor's use of necessary subcontractors, the delegate their respective obligations under this the other party, which consent shall not be Section 9.03. ENTIRE AGREEMENT OF THE PARTIES. This Agreement Supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor for the City and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made, orally or otherwise, by any party, or by anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. Section 9.04. INDEMNIFICATION. Contractor agrees to protect, defend, indemnify, and hold the City and its assigns and attorneys, accountants, and employees, harmless from and against all losses, liabilities, damages, judgments, claims, counterclaims, demands, actions, proceedings., costs, and expenses (including reasonable attorneys' fees) of every kind and character resulting from, relating to, or arising out of (a) the inaccuracy, non -fulfillment or breach of any representation, warranty, covenant, or agreement made by Contractor herein; or (b) any legal action, including any counterclaim, or breach of representation, warranty, covenant, or agreement made by Contractor herein; or (c) negligent or willful misconduct, occurring during the term thereof with respect to any of the decisions made by Contractor. Section 9.05. INSURANCE. The Contractor shall provide to the City an insurance certificate, issued by an insurance company of good standing and authorized to do business in Minnesota, evidencing the insuring of liability arising out of the performance of the Property Services for the City, naming the City as additional insured in ars amount of at least $1,000,000; and stating that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insured's intention to cancel the insurance. Section 9.06. SEVERABILITY. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule, in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or the effectiveness or validity of any provision in any other jurisdiction, and the remaining provisions of this Agreement will continue in full force without being impaired or invalidated in any way. Section 9.07. GOVERNING LAW. All issues concerning this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Minnesota. 4 Section 9.08. HAZARDOUS SUBSTANCE. The Contractor's scope of services may include Property Services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a property that may affect the Contractor's services, the Contractor may suspend performance of its services, without liability, and will assist the City to retain appropriate specialist Contractors to adequately identify and abate such materials so that Contractor's services may resume. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGAN: CONTRACTOR: By: Mike Maguire Its: Mayor By: Its: By: Christina Scipioni, City Clerk W1 EqdIpment/Product rates are subject to change. Equipment/Product Hourly Rate 1 -ton truck with 20ft. dwnp trailor - $85.00 per hour -speed Skid loader with bucket/forks $85.00 per hour Walk behind sweeper, $80.00 per hour Commercial lawn mower $55.00 per hour Hand Labor $48,00 per hour. Dump Truck- Tri/Quad Axle (for debris removal from property, if necessary) $125.00 per hom Pump Expense- Yard debris etc- $22.00 per cu.yd. SUBULAN-01 LAMEHUS CERTIFICATE OF LIABILITY INI U NCE DAT D/YYYY, 3/131123112016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Bremer Insurance Agencies inC. 633 South Concord Street - huite 225 CONTACT NAME: PHONE $51 552-2424 FAX A/c Na Ext : ( ) Arc No): (661) 460-5158 PO Box 188 South Saint Paul, MN 55075 .........__ E-MAIL : INSURER(S) AFFORDING COVERAGE NAIc # INSURER A: United Fire & Casualty Compan 13021 EACH OCCURRENCE $ 1,000;000 INSURED INSURER R: The Builders Group of MN INSURER C t Suburban Landscape Service Inc INSURER D: 3486 Dodd Rd Eagan, MN 55123 INSURER E INSURER F: A COVERAGES CERTIFICATE NUMBER! RFVISlr1N NiI$RRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EX C1 USIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1TR TYPE OFtNSURANCE !NSD ADDL UBR POLICY NUMBER MWDDMW. MMMIUDD✓YYYY. LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE '® OCCUR 60$22572 11112/2015 11/1712016 EACH OCCURRENCE $ 1,000;000 DAM t: PREMISES(Eaooc rcence) $ 100,00 MEDEXP .(Any one person) $ 6,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: HPOLICY ❑ jEPRCT 0 LOC OTHER: GENERAL AGGREGATE 3 2,000,00 PRODUCTS -COMPIOPAGG $ 2,000,00 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED AUTOSrrccdeDAMAGE 60422572 1//1212015 11112/2016 COMBINED SINGLE LIMIT Eaaocldent $ 1,000,000 BODILY INJURY(Perpa.'sen) $ BODILY INJURY (Per accident) $ ) PROPERTY $ $ A X UMBRELLA EXCESS LIAR X OCCUR CLAIMS -MADE 60422572 11/1212015 11112/2016 EACHOCCURRENCE $ 1,000,000 AGGREGATE $ DED I I RETENTION $ $ B WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE EXCLUDE? OFFICE(Mandatory in NH) .(Mandatary in NH) DESsR1RIPTl odesclN OF OPERATIONS Wow NIA 030001679 12!0112015 12/0112016 PER OT STATUTE rM E.L,EACHACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,00 A r Equipment Floater • 60422572 11/1212015 11/1212016 Per Item 100,000 DESCRIPTION OP OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Sahaduie, may be attached N more space Is required) The City Of Eagan is listed as additional insured City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 ACORD 25 (2014101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED iN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD_ name and logo are registered marks of ACORD Agenda Information Memo April 5, 2016, Eagan City Council Meeting Consent Agenda L. Final Subdivision and Easement Vacation for Eagan Gateway Business Park — Buhl Investments Action To Be Considered: To approve the Vacation of public drainage and utility easements on Lot 1, Block 1, Gift of Mary, located at 510 Lone Oak Road. To approve a Final Subdivision (Eagan Gateway Business Park) to create two lots and one outlot upon approximately 33 acres located at 510 Lone Oak Road Facts: ➢ The Public Hearing for the easement vacation was held and closed on February 16, 2016 and action was continued to coincide with consideration of the Final Subdivision. ➢ The vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action to coincide with approval of the Eagan Gateway Business Park plat. ➢ The Preliminary Subdivision was approved on October 20, 2015. As proposed, the lots comply with I-1 standards. ➢ All documents and agreements are anticipated to be in order for execution at the City Council meeting on April 5, 2016. Issues: None Attachments: (3) CL -1 Location Map CL -2 Easement Vacation Legal &Graphic CL -3 Final Plat LONE OAK ROAD ® EASEMENTS TO BE VACATED: ALL PLATTED DRAINAGE AND UTILITY EASEMENTS OVER AND ACROSS THE RECORDED PLAT OF: GIFT OF MARY, DAKOTA COUNTY, MINNESOTA. Proposed Drainage & Utility a City of Eap Easement Vacation JAN. 2016 Fig. 2 Engineering Division Lot 1, Blk. 1, Gift of Mary a ------------------ ® u_ �--y•n�l IVIf AI,IL11L V IV I C` IIAI^r1^-�-_------- \YIVII'♦/� A"S I v M1Y-J r41V1 IVV 1 ri-r%N My — — I:S ii �I R fr s' a 9 z Agenda Information Memo April 5, 2016, Eagan City Council Meeting CONSENT AGENDA M. Direct preparation of an ordinance amendment to City Code Chapter 11 relative to domestic animals — City of Eagan Action To Be Considered: To direct preparation of an ordinance amendment to City Code Chapter 11 regarding domestic animals. Facts: ➢ The City Attorney has recommended this housekeeping ordinance amendment to clarify domestic animal regulations in City Code Chapter 11. ➢ City Code Chapter 11 allows keeping domestic animals as a permitted use within all residential districts. ➢ City Code Chapter 10, which includes animal regulations, limits certain animals to single family properties. ➢ The proposed ordinance amendment would provide consistency between Chapter 10 and Chapter 11 regulations. Attachments: (0) Agenda Information Memo April 5, 2016, Eagan City Council Meeting CONSENT AGENDA O. Approve Final Subdivision and Final Planned Development for Dakota Path 5th Addition — D. R. Horton Actions To Be Considered: To approve a Final Planned Development upon approximately six acres located south of Cliff Road and east of Pilot Knob Road. To approve a Final Subdivision (Dakota Path 5th Addition) to create 20 single-family lots upon approximately six acres located south of Cliff Road and east of Pilot Knob Road. Facts: ➢ The Preliminary PD and Preliminary Subdivision were approved April 16, 2013. ➢ This fifth phase of development consists of 20 single-family lots upon approximately six acres. ➢ The final development plans and plat have been reviewed by staff and are consistent with the preliminary approvals. ➢ All documents and agreements are in order for execution at the City Council meeting on April 5, 2016. Issues: None Attachments: (3) CO -1 Location Map CO -2 Final Plat CO -3 Final PD Agreement and Development Contract = w V- 0 ;F, r ;a o •� r Q O ma -0 LUL cn M a rr .N LE r Y0X 0 13aQ m U - E I. RLLM Z 4j Z L m lC a�U —1Z z U- o 0 rCN N C O � ' s c X � 9 ey N 0CL 7 m ooh oo` ° v O -a —1Z z U- o 0 rCN N N ■.■.-rte � � C O N - a � 9 N N 7 m N N C O -a a s m 0. v o 0 LO N ■.■.-rte � � ---- - - - a m �' �r■ �� r►�� //IIS®r �� ■E , .�'� = � ter'■ ®•�►��i �`'''- • ._ Elm ..; • NOW ���� � �1►�' I1 -mss �� ■ � : ��` �� ♦ AR i •�•��� � �■■r■-�. ®�l�r��. r►�' rs�� t ■iii®�i - L H'iiVc v IO N v 2 I I o I :) 6 Cl LJ o C J,> Y I _ Joy I J— o�� 3"ZO,bS,LON n �— x'00' 9S0°Z9N n -- O O f' .LOS 70, �- � I go �a�$ o �o ju3 <oo<m Ef �g =f biz zo€n �gy3 a>? of 3�2 nJ /l 1 n n\ 1 I \ LJ v C v i v ; I v E;a H% L .a „o c o zra 3'y f oe ° a_ Vis= gig m a 3g" f'P ws 2 FINAL PLANNED DEVELOPMENT AGREEMENT THIS FINAL PLANNED DEVELOPMENT AGREEMENT ("Agreement") is entered into as of this day of , 2016, by and between the City of Eagan (hereinafter the "City"), a Minnesota municipal corporation; D.R. Horton, Inc. -Minnesota, a Delaware corporation (hereinafter the "Owner"). The City and Owner 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 property containing approximately 5.1 acres located south of Cliff Road and east of Pilot Knob Road, and legally described as follows: Lots 1-12, Block 1; and Lots 1-8 Block 2. All in Dakota Path 5th Addition, City of Eagan, Dakota County, according to the recorded plat thereof, (the "Property"); and WHEREAS, the Owner has applied for and the City has approved a Final Planned Development to allow for development upon the Property consisting of 20 single-family residential lots (the "Development"). WHEREAS, the development and use of the Property is governed by a Preliminary Planned Development Agreement, dated the 16t" of April, 2013 (the "Development Agreement"); and WHEREAS, the Development Plans attached hereto as Exhibits B -D are found to be in conformance with the Development Agreement and the Parties hereby acknowledge that this Agreement and the exhibits attached hereto constitute the Final Planned Development for the Development upon the Property. NOW, THEREFORE, it is hereby agreed to and between the Parties hereto as follows: 1. This Agreement applies only to the use of the Property. 2. This Agreement includes specific conditions to the Property as set forth in Exhibit A attached hereto. The Owner shall use and develop the Property in conformance with the following plans attached hereto as Exhibits B -D. (A full size copy of these exhibits shall be on file with the City's Community Development Department.) Exhibit B — Development Phasing and Site Layout dated January 20, 2016 Exhibit C — Final Landscaping & Tree Mitigation Plan dated January 12, 2016 Exhibit D — Final Utility Plan dated January 20, 2016, last revised March 4, 2016 4. This Agreement shall run with the Property and until terminated and shall be binding upon the owners and assigns of the Owner. All site improvements including lighting, signage, landscaping, and paved surfaces, shall be maintained in good repair. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written. [SIGNATURE PAGES TO FOLLOW] Final Planned Development Agreement Signature Page for the City CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk APPROVED AS TO CONTENT: By: City Planner STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) APPROVED AS TO FORM: By: City Attorney On this day of , 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 City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public Final Planned Development Agreement Signature Page for the Owner D.R. HORTON, INC. -MINNESOTA, a Delaware corporation IN Its: STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 2016, by , the of D.R. Horton, Inc. -Minnesota, a Delaware corporation, on behalf of the corporation. Notary Public 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) EXHIBIT A 1. This Agreement is not effective unless and until the City Council has approved the Comprehensive Guide Plan amendment and rezoning of the Property to allow for this development. [Satisfied] 2, The property shall be platted. 3. The value of the outlots shall be apportioned to the adjacent lots throughout the development. 4. A homeowner's association shall be established for this development. All common property and open space should be conveyed to and maintained by the homeowner's association, as well as any monument signs or other common amenities. All common lots should be deeded to the homeowner's association. 5. Ownership and maintenance of the swimming pool, tot lot, and any community buildings shall be the responsibility of the homeowner's association. [These amenities are not part of this phase.] 6. If the applicant desires the outlots to be a conservation area, such protection shall be provided through covenants or an open space plan in the form acceptable to City Attorney. Such documents shall be provided at the time of Final Planned Development and Final Subdivision. 7. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood 8. The applicant should give consideration to utilizing universal design for the homes to help attract and retain a more balance mix of households into the future by creating buildings that are accessible and functional to accommodate residents of many ages, heights and physical abilities. 9. The Owner and Developer should give consideration to architectural design such as all sides of the buildings having an equally attractive or the same finish, use of a variety of home exterior finishes and appearance to minimize duplication of exterior architecture, materials and colors. 10. Lots meeting the R-1 minimum dimensional standards of 85' width and 12,000 s.f. area shall be subject to R-1 zoning standards. Those lots meeting the R -1S minimum standards of 65' width and 8,000 s.f. area shall be subject to R -1S zoning standards. 11. Where parking lots exist, such as for the swimming pool, landscape buffers to public streets and to adjacent houses shall be provided in accordance with City Code standards. 12. Prior to Final Planned Development and Final Subdivision, the applicant shall verify that the placement of landscaping does not interfere or conflict with utilities and stormwater facilities. 13. This development is subject to the City's post construction requirements (City Code §4.33) for stormwater management and surface water quality. The following Development Conditions shall apply to Water Quality: a. Volume Control: The first one-half inch of stormwater runoff from any rainfall event shall be infiltrated or retained entirely on the site. b. Total phosphorus (TP) & Total suspended solids (TSS) Control: There shall be no -net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site. c. Runoff Rate Control: This development's stormwater facilities must maintain predevelopment runoff rates for the 1) 50%, 24-hour storm; 2) 10%, 24-hour storm; 3) 1%, 24-hour storm. d. Pond Design Requirements: All pond design specifications shall conform to the current National Urban Runoff Program standards. In addition, the following are required: I. There shall be a forebay area in each pond to provide fine -sand sized particles to settle, unless the City determines this requirement is not feasible on a site by site basis. ii. Side slopes shall not exceed three feet horizontal to one foot vertical (3:1) and there shall exist a ten -foot wide bench starting at the Structural Control Elevation (SCE) with side slopes no steeper than ten feet horizontal to one foot vertical (10:1) for safety considerations. iii. A ten -foot wide maintenance bench above the SCE, with a slope no steeper than ten feet horizontal to one foot vertical (10:1), shall be provided as directed by the City and shall be sufficient to access all pond inlets and outlets. iv. A minimum of 15 -foot -wide unobstructed access path capable of supporting inspection and maintenance equipment, for access to all ponds/basins, and inlets and outlets. v. The property owner shall grant the City an easement providing unobstructed City access to the stormwater facility for inspection and maintenance purposes. 14. Any mechanical equipment for the community swimming pool shall be enclosed within a building and for any equipment that cannot be located within a building; such equipment shall be screened and buffered from adjacent residential lots and the public right-of-way. [Not applicable to this phase of development.] 15. Any monument or neighborhood identification signs shall be subject to City Sign Code standards. Any such signs shall be consistent in design throughout the development, and sign plans shall be provided at the time of Final Planned Development. 16. Lighting shall be provided per City Code standards at the community swimming pool as necessary to provide for security, safety and traffic circulation. [These amenities are not part of this phase.] 17. The Final Landscape Plan shall provide a greater vegetation buffer to the residences and yards along Dakota Path. 18. This development shall be subject to an agreement, in a form acceptable to the City Attorney, between the homeowners association and the City providing for the perpetual maintenance of any landscaping within the right-of-way center island median by the homeowners association. 19. A financial guarantee for the landscaping shall be provided at the time of Final Subdivision. The guarantee shall cover two calendar years following satisfactory completion. 20. The applicant shall submit a revised Tree Mitigation Plan that indicates the installation of twelve - hundred sixty-one (1,261) Category B trees (or an equivalent number of Category A, B, or C trees) as fulfillment of Tree Preservation requirements. 21. The applicant shall work with the City Forester to review potential tree preservation versus utility/trail installation conflicts for trees numbered 29, 30, 31, 34, 228, 229, 230, and 433 and adjust tree removal and tree mitigation calculations accordingly. 22. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 23. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 24. The applicant shall submit an annual Tree Mitigation Compliance Report detailing the tree mitigation progress. Said report shall include maps and lists of all required tree mitigation (quantity, size, species, and location) installed per each lot/common area. Annual reports shall be prepared by a consultant that has a qualified landscape architect or certified arborist knowledgeable with trees and tree health. A follow-up report shall be submitted one-year after tree mitigation installation documenting the condition of all mitigation trees planted in that cycle. Any mitigation tree that is not alive and viable one year after planting shall be replaced with a comparable tree. 25. The Development shall satisfy the Park Dedication as follows: a. Dedicate approximately 4 acres of property contiguous to George Ohmann Park as depicted on Exhibit A which was received on April 10, 2013 and included on page 146 of the City Council packet. b. Cash payment equivalent to 25% of what would otherwise be a full cash dedication for the development. c. The provision of recreational amenities within the Development consistent with the approved plan. In recognition, the City shall grant a 25% credit towards the dedication. [Satisifed with first phase of development.] 26. The Development shall satisfy the Trail Dedication as follows: a. Construct a multi-purpose trail built to City standards along the proposed Dakota Path (approximately 1500 feet). In recognition, the City would grant a credit equivalent to $15 per lineal foot. b. Secure the appropriate permits and approvals for the construction of a paved trail connection to Lebanon Hills Park within an existing pipeline easement (approximately 1200 feet). In recognition the City would grant a credit equivalent to $15 per lineal foot. c. The balance of the Trail Dedication due would be satisfied with a cash payment. [Satisfied with first phase of development.] 30. The Developer shall provide a conservation easement to the City or Dakota County to preserve the landscape and trees to be installed in the buffer area adjacent to Lebanon Hills Regional Park. [Satisfied] EXHIBIT B / . A li 0 T A n A L nL V 1 1 1 V I v ---� I- if L'�__ i r' 1 r r cLi tr �, I.�. ^ race � .--� �--1-� Jy„•`�'^\ \ � a r;:% �` �/ 1 la 1 1 + 1� f 4, \ iG• �-� !,. Irl + � . `fl +� .� _.. l 114.: p� \f f "'�•"v-'F , L --a ,5VEnr.,. I q —Wi/�Y�r t T.A 169i 1{¢OS �0.1[tlfA PR511 ]w 14tl.0.M g} I ^jR 7A �b II14 I I �r - ------------L- ' r. t un I ® t. PHASING & SITE LAYOUT DAKOTA PATH 5TH ADDMON """�" tl . " rMM'URMTA�-� i Jamas Rd Hil1py Inc o ^ SPF r you A �.I ::. .I F9:ANNERS / ENGINEERS / SURVEYORS Z N I a 4 D.P. aior@M Inc. v$� 2Ws crr 4a M&W=w ban P � aoama KwArtdgf 4aw , 9ita foR 6aked80. mnmmla ;paH eaaao 0540-M rA* (Oao-W44 I 1 t, 'Far., ..... •_--,�._w ,r � .�... "'��' 'r' 1 4- 77 cn / r / .%lj � .✓"•�' i�~~'�11 . I �t t •', ... .: rx1. I � y'I � _ \ s rel / ,�+t/. �.. ���-,��;%'•``� ^�I/'k- / � t ••/�u,, �� ;\L ! 3 0 1!t ? ! ' Wil!- I ! "! =='� I •., ___ _ _ J ,l - ' ,�,�'j • � ('` ,:i/�7 �. / ;1,/ fes_ __Y .•—•�r I� _' Z 1•" -tel ' I .�'l���J !i _ 11 -� _' .`;- .. 1 I �I.! _� !~�', ':� r I .- �-.! f.':•.:.__. I _a _fir 11 , t.. 'r•�`n' ! _.•-,i�'�_ �J. >C�>, j , Am �• 1. J�! -., .,.I 4 'Ik- . ;..,fl •�� .L ., ,�p'� \ j II :.l F;. I k�rl ,p 1I ! 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ELHi%RMN gNC..—Ile8Ot9wxw.ratyxGeXgngwpwr,; smut: een�ayeersgrgmcpaar: ay .. •'ati+kc Sy'�G-:� «b b.�x-.: J 4 til'.�_ �n�•''e+�����v - . -'•.Pi+t EEE EEE z 0 o I'll I'll R! �m ' €I14 z3 E lip! � � } Iid j � °F z t 1' 4 F I g ► i� } t g $ DAHOTA PATH 5TH ADDMON = r, Calyx Design ®roup, LLC w Po v 5 jo VA", IaAMTA W, q��' t.ndea,peArMHadur.•9wtelne6ta B¢o�,7lunpinp 1 Tau AffQAMN PLANFM _ MO BaIh'Anirrw l8uln]IXi�8aIn4 Pati.MN 66tp2 �1aWlronP: 8513V4,6499 p u� N �' K D. ELHi%RMN gNC..—Ile8Ot9wxw.ratyxGeXgngwpwr,; smut: een�ayeersgrgmcpaar: _,,OE,Y�t=Otid6AK w 0% EXHIBIT D 11 S w 10-1 fill Ulu X82 i 1,, ;s.o46 IS L 8 8 go ga �3 ,�ypwampr t, Nw !� m ,,,,•� '�^ "^• PLANNERS /ENGINEERS / SUR�Y01 �� �_ ,; a •� a,•h. :,me_ I xa55 9L Mr. xa 9z sax,m arc w scan 'W";. P[Mr- ("400-00 FAC (952AO- 2 4 . UTILITY PLAN ms ®.o... ..a s aEAOAN�A9KNFk0Ih naeirra cav 5 a G TIM SHEET g % A.R. KortoA hm—lann®eota YW50 KahMg• taut. 9Wb 100, lakaN,e. NIfnPo0t0 - c 0 0 M co 0-U 0 >� -U0. Z - G7 f� ��n Z vC�a � � 9:��� a Z w M� �Q o� o m Z (n L J 01 rY" -� hH•-i R w 0% S w 10-1 fill Ulu X82 e. 8 8 52 0 9 �,sfl ga �3 ,�ypwampr t, Nw dames ' R. Hill t ,,,,•� '�^ "^• PLANNERS /ENGINEERS / SUR�Y01 �� �_ ,; a •� a,•h. :,me_ I xa55 9L Mr. xa 9z sax,m arc w scan 'W";. P[Mr- ("400-00 FAC (952AO- 2 4 . DEVELOPMENT CONTRACT BY AND BETWEEN THE CITY OF EAGAN AND D.R. HORTON, INC. - MINNESOTA FOR THE DEVELOPMENT OF DAKOTA PATH 5Tn ADDITION THIS INSTRUMENT WAS DRAFTED BY; DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER, P.A. 14985 Glazier Avenue Suite 525 Apple Valley, MN 55124 (952)432-3136 RBB/lmd (206-37076) THIS AGREEMENT, made and entered into the day of , 2016, by and between the City of Eagan, a Minnesota municipal corporation, ("City"); and D.R. Horton, Inc. —Minnesota, a Delaware corporation, ("Developer"). WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as Dakota Path 5t" Addition consisting of 20 single-family lots located within the City; and WHEREAS, the City approved the plat on condition that the Developer enter into this contract and furnish the security required by it; NOW, THEREFORE, the City and Developer agree as follows: SECTION I DEFINITIONS 1.1 Definitions. In this instrument the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof clearly requires otherwise: City - The City of Eagan, a Minnesota municipal corporation. City Code - The codification of the ordinances of the City of Eagan. Contract - This Agreement and the terms and conditions contained herein. Contract Management Account - Account with the City of Eagan established by the Developer as part of the Development Deposit Agreement to cover inspection and other administrative costs to the City in connection with the improvements to or for the Subdivision to be installed or constructed by Developer. 1 Developer - D.R. Horton, Inc., - Minnesota, a Delaware corporation. Whenever the term Developer is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property. Development - The subdivision of the Property and the installation and construction of all Improvements required in order to make the Property suitable for the Developer's intended use, as approved by the City. Development Manager - Ron Mullenbach whose address is 20860 Kenbridge Court, #10, Lakeville, MN 55044, and who is hereby authorized by the Developer to address any and all concerns of the City in regard to the Development and is also designated by the Developer to receive any and all notices, official or otherwise, from the City as required by this Contract. Engineer - Rick Osberg, Minnesota License No. 22709, a registered professional engineer licensed to practice in the State of Minnesota. Financial Guaranty - Cash collateral and/or letter of credit as approved by the City of Eagan to guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of Special Assessments, construction of all improvements and payment of the cost of all improvements. Improvements - hnprovements required to make the Property suitable for the Developer's intended purposes, to be done according to the required plans submitted to the City, such improvements to include, but not limited to; grading and drainage; sanitary sewer system; water system; storm sewer; storm water retention ponds; streets; concrete curb and gutter; street signs; street lights; utilities and all related appurtenances; wetland delineation; landscaping; tree preservation; tree loss mitigation; surveying; staking; setting of lot and block monuments, and parkland boundaries, mailbox supports and trails and sidewalks, if applicable. 2 Insurance - Public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of Developer's subcontractors or by one directly or indirectly employed by any of them. Landscape. Architects Benjamin Hartberg, Minnesota License No. 48084, a registered professional landscape architect licensed to practice in Minnesota. Outlet - A platted lot to be developed for a use which will. not involve a building or to be reserved for firttue replatting before development. Owner - Is the fee owner of the Property, any contract for deed holder, or any other person or entity having a legal and/or equitable interest in the fee ownership of the property. For purposes of this Agreement, the term "Developer" shall include any and all owners. Plat The subdivision of the Property into lots and blocks, easements, streets and public right-of-ways as shown on the attached Exhibit "A" and subject to the conditions attached hereto as Exhibit `B'; Permit to Proceed - A written letter issued by the City setting .forth that all conditions precedent to Development have been satisfied and that the Developer may proceed with construction of the Improvements. Property - Land located in the City of Eagan, County of Dakota, State of Minnesota, which is subject to being subdivided by the Developer into the Plat shown on Exhihit "A" attached hereto. Public Improvements - Any type of improvement as defined by Minnesota Statutes §429.011 et al., which will be maintained and owned by the City. Special Assessments - All costs for improvements installed by the City of Eagan under the Public Improvement Project which are to be or have been levied against the Property. 3 Standards - Requisite guidelines adopted by the City of Eagan as amended from time to time, including but not limited to the Master Sanitary Sewer and Water Plans; Storm Sewer Plans; Transportation Plans; Soil Erosion Control Plans; Landscaping Plans; and Engineering Standards' et al; Water Quality Management Plans, on file with the City of Eagan at City Hall. Subdivision - The separation of property into lots and blocks as approved by the City Council, upon the compliance with (i) all conditions and requirements of applicable regulations and (ii) conditions and requirements upon all which preliminary approval is expressly conditioned. Surveyor - Marcus F. Hampton, Minnesota License No. 47481, a registered land surveyor licensed to practice in the State of Minnesota. SECTION II PLAT APPROVAL 2.1 Commencement of Improvements. Within the Plat or Property to be platted, the Developer may not commence Improvements, other than any grading permitted under Section 4.3 of the City Code, until all the following conditions have been satisfied: A) The necessary Financial Guaranty has been received and accepted by the City. B) The City has received evidence that the Plat has been filed with Dakota County. C) The City has issued a Permit to Proceed. 2.2 Insurance. The Developer shall take out or cause to be taken out and maintain, until six (6) months after the City has accepted the Public Improvements, a policy of Insurance with limits for bodily injury and death of not less than $500,000.00 per person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $500,000.00 for each occurrence; or a combination single limit policy of $1,000,000.00 or more. The Developer shall file with the City a certificate evidencing coverage and naming the City and its officers and agents as additional M insured, prior to the City signing the Plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the modification, amendment or cancellation of the insurance. 2.3 Phased Development. If the Plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until development contracts for such phases are approved by the City. Park dedication, park trail fees, area charges, and charges for lateral benefits referred to in this Contract are not being imposed on Outlots, if any; that are designated for future subdivision into lots and blocks. These charges and others in effect will be calculated and unposed when the Outlots are finally platted into lots and blocks, at the rates then in effect. 2.4 Effect of Subdivision Approval. •oval. Igor two years from the date of this Contract, no amendments to the City's Comprehensive Guide Plan or Official Controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Plat, unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. SECTION III DEVELOPMENT PLAN 3.1 Required Plans. The Plat shall be developed in accordance with the following designated plans, which plans form a part of this Contract; however, the plans are not attached to this Contract. The following plans must have been prepared by Developer's Engineer, Architect, E Landscape Architects, anal/or Surveyor with duly noted certification thereon, and shall have been submitted and approved by the City. If the plans vary from the written terms of this Contract, the written terms shall control. The plans submitted for this Plat are: Plan I - Plat Plan prepared by: Marcus F, Hampton, MN License No. 47481. Plan II - Plans and Specifications for Improvements dated January 20, 2016, with a final revision date of March 4, 2016, prepared by: Rick L. Osberg, MN License No. 22709, Plan III - Landscaping Plan dated January 21, 2016, prepared by: Benjamin D, Hartberg, MN License No. 48084. Plan IV - Tree Preservation Plan dated January 21, 2016, prepared by Benjamin Hartberg, MN License No. 48084, Plan V — Tree Mitigation Plan dated January 21, 2016, prepared by Benjamin Hartberg, MN License No, 48084. Developer has contracted with Dakota Electric Association to prepare a Street Light Plan, 3.2 Plan Requirements. All the plans referred to herein as prepared by the Engineer, Architect, Landscape Architect and/or Surveyor must be in conformance with the Standards adopted by the City. Submission of the required plans by the Developer shall act as a representation by the Developer that the plans are designed properly and that the Improvements will properly fiinction as designed. 3.3 Permits. It is the responsibility of the Developer to determine and obtain prior to the issuance of the Permit to Proceed all the necessary approvals, permits, and licenses from the City of Eagan; Minnesota Department of Transportation; County Highway Department; appropriate watershed district; Board of Soil and Water Resources; railroads; utility companies; Minnesota Department of Natural Resources; Army Corp of Engineers; Mirulesota Pollution Control Agency; C Metropolitan Council; Minnesota Department of Health and any other regulatory or jurisdictional agency affected by or having jurisdiction over the h-nprovements required for this development. Any design requirements of such agencies shall be determined prior to completion and incorporation into the plans and specifications. All costs incurred to obtain said approvals, permits, and licenses and also all fines or penalties levied by any agency due to the failure of the Developer to obtain or comply with the conditions of such approvals, permits, and licenses shall be the sole responsibility of the Developer. The Developer agrees to defend and hold the City harmless from any action initiated by a regulatory agency resulting frons any failure of the Developer. The Developer is required to obtain a General Storm Water Permit for Construction Activity from the Minnesota Pollution Control Agency (MPCA). This permit shall remain in full force and effect during the course of development and until the Developer files a Notice of Termination of the permit with the MPCA. The Notice of Termination shall not be filed until all grading and temporary/ permanent erosion control measures required by the MPCA and the City, and set forth in the Grading & Erosion Control Plan. SECTION IV PERFORMANCE OF IMPROVEMENTS 4.1 General. All Improvements to the Property by or on behalf of the Developer shall be done in conformance with this Contract; state statutes and regulations; and the City Code and Standards promulgated thereunder. It is understood and agreed that the failure of the City to promptly take action to enforce this Contract, State Statutes, the City Code and/or Standards will not act as a waiver or release of any rights of the City. 4.2 Completion Dates. hnprovements required shall be completed no later than the following dates: 7 Item; a) Restoration and Soil Stabilization b) Site Grading e) Right -of -Way Site Survey Pins d) Subdivision Lot(s) Corner Pins e) Landscaping f) Utilities (sanitary, water, storm sewer) g) Streets (concrete curb and gutter, gravel base and the first lift of black top) h) Mailbox Support Structures i) Street Lights j) Sidewalk and Trails k) Street (MnDOT 2341 Modified Wearing Course) Date: Oct. 28, 2016 Oct. 21, 2016 Nov. 30, 2016 Nov. 30, 2016 Aug. 31, 2017 Aug. 26, 2016 Oct. 07, 2016 Nov. 18, 2016 Nov. 04, 2016 N/A Oct. 06, 2017 Should the Developer fail to finish each designated item by the designated date, the Developer shall pay and reimburse the City for all additional costs incurred by the City as a result of such failure. Any extension to the above noted completion dates must be approved by City Council Resolution and shall be conditioned upon updating the Financial Guaranty posted by the Developer to reflect any additional costs. 4.3 Preconstniction of hriprovements -Meeting. Upon the securing of all Permits required in Paragraph 3.3 and the payment of all escrows and money deposits required by the City, the Developer shall coordinate a preconstnuction meeting with. the City Staff at a mutually agreeable time at City Hall to include the Development Manager, to review the program for construction of the Improvements and to assure that all required Standards have been satisfied. 4.4 Erosion Control. Before the site is disturbed, and any utility construction is commenced or building permits are issued, the Erosion Control Plan (Plan II), shall be implemented by the Developer and inspected by the City. The City or its designated agent may, in their discretion, impose additional reasonable erosion control requirements for maintenance purposes as identified in the Standards. All areas disturbed by grading, excavation and backfilling operations shall be restored in accordance with the Restoration Plan (Plan II) within fourteen (14) days after the completion of the work in that area, but no later than the date set forth in Paragraph 4.2. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the Erosion Control Plan or the supplementary instructions imposed by the City or its designated agent, in conformance with its Standards, the City may take such action as it deems appropriate to control erosion. Except in cases of emergency, the City will notify the Developer three (3) days in advance of any proposed action, but failure of the City to do so will not affect the City's rights or Developer's obligations hereunder. The Developer shall reimburse the City for all related costs the City incurred for such work within ten (10) days of notice by the City of the actual costs paid by the City. The City may draw on the Financial Guaranty to pay all related costs. No Development and related activity shall be allowed, and no building permits will be issued until the Property is in full compliance with the erosion control requirements. Within thirty (30) days after completion of the grading and before the City releases the security, the Developer shall provide the City with an "as constructed" Grading Plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) Cross sections of ponds, b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches and installed "conservation area" posts, and c) lot corner elevations and house pads. The City will withhold issuance of building permits until the approved certified Grading Plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. I 4.5 Subdivision Lot Corners. Within one (1) year from the date of this Contract, the Developer shall verify by written notice to the City that all Subdivision lot corner pins have been. installed. 4.6 Performance. The Developer shall instruct its Engineer to provide adequate field personnel to assure an acceptable level of quality control. The Engineer must be able to certify to the City that the installed hnprovernents meet the City Standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and/or civil engineers inspect the work on a full or part time basis. The Developer, its managers, engineers, contractors and sub -contractors shall follow all instructions received fiom the City or its designated agents. 4.7 License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections required or permitted to be performed by the City under this Contract in conjunction with the Development. 4,8 Occuaancv. No occupancy of any building in said plat shall occur until water and sanitary sewer and storm sewer/drainage facilities and public access with a minimum of gravel base and curb and gutter have been installed, inspected and deemed available for use by the City. The Developer shall be responsible to maintain reasonable access to any occupied building, including street maintenance such as grading, graveling, patching and snow removal and ice control prior to City acceptance of ownership pursuant to Paragraph 5.3. SECTION V INSPECTIONS AND COMPLETION 5.1 Inspection. The City or its designated agent shall periodically inspect the I mprovenients installed by the Developer, its contractors, sub -contractors or agents. Any 10 inspections made pursuant hereto shall be done for the sole benefit of the City; however, such reports shall be delivered to the Development Manager within a reasonable time following inspection. The Developer hereby waives any right to rely on or to be assured of any approval by reason of any inspection. The Developer, its contractors, and sub -contractors shall follow all reasonable instructions received from the City or its designated agents covered, to allow the City an opportunity to inspect. the Improvement work. The Developer shall notify the City Public 'Works Department at least two (2) full working days prior to the commencement of the site grading operation, laying of utility lines, sub -grade preparation, the laying of gravel base or bituminous surfacing for street construction or any other Improvement work which shall be substantially buried or covered. Should the Developer fail to timely notify the City to allow the City to inspect the work, the City may at the City's option, require the Developer to uncover and/or replace or reconstruct any of the before -mentioned work in such a maturer so as to provide the City with an opportunity for inspection. 5.2 Completion. Within thirty (30) days after completion of the Improvements, the Developer shall supply the City with a complete set of reproducible As -Built plans in accordance with City Standards. Likewise, the Developer shall give written notice within thirty (30) days of the completion of Improvements, that the Improvements have been completed in accordance with the City Code, Standards and the plan and specifications on file with the City. The City shall then inspect the Improvements and notify the Developer of any Improvements that do not appear to conform to the City Code, Standards and/or the submitted plans and specifications, If Developer's Improvements do not conform to the City Code, Standards and submitted plans and specifications or are later discovered to not conform, the City shall immediately notify the Development Manager of the need for repair or replacement. The City may, in cases of emergencies, proceed to cure the 11 default by Developer, the Developer hereby waiving any and all rights to notice of default. Any cost incurred by the City to cure the default shall be the financial obligation of the Developer, and shall be paid to the City within ten (10) days of receipt of a bill for such costs. 5.3 Ownership and Acceptance of Public Improvements. After satisfactozy completion of the Improvements and verification by the City personnel that the work and construction required by this Contract complies with all codes, standards and approved plans, and upon acceptance by the City Council the Public Improvements lying within public easements and right-of-ways shall become City property. 5.4 Clean-up. The Developer shall clean dirt and debris from streets, storm water conveyance systems, ponds, wetlands and adjoining property that resulted from construction work by the Developer, its agents or assigns. SECTION VI FINANCIAL GUARANTY 6.1 The Amoimt. The final Subdivision shall not be approved and no work .shall be commenced under this Contract until the Developer has deposited with the City a Financial Guaranty in the total amount of Two Hundred Five Thousand Five Hundred Seventeen and No/100 Dollars ($205,517) securing the full performance of this Development Contract, The Developer shall furnish the City with the Financial Guaranty from a bank or lending institution acceptable to the City. The amount of the Financial Guaranty was calculated as follows: A - IMPROVEMENTS Item Amount Street Identification/Traffic Control Signs $ 350 Street Lights $ 3,000 Lot Corners $ 3,000 Subdivision Monuments $ N/A 12 Mail Box Support Structures Reforestation/ Landscaping Erosion Control R/W Grading Restoration Subtotal Development Improvements: B - PUBLIC IMPROVEMENTS Item $ 1,000 $26,177 $0 (included with Phase I) $0 (included with Phase I) $0 (included with Phase I) $33,527 Amount Watermain Lateral with Services $30,600 Sanitary Sewer Lateral with Services $14,580 Storm Sewer $ 7,920 Trails $ N/A Streets $76,200 Stormwater Management Facilities* $ NIA As Builts $ 3,000 Legal, Financial and Engineering $39,690 *3 year minimum hold on financial guarantee Subtotal Development Improvements: $171,990 TOTAL: $205,517 This breakdown is for historical reference only, It is not a restriction on the use of the Financial Guaranty. The bank or financial institution and the form of the Financial Guaranty shall be subject to the approval of the City Finance Director and City Attorney. The bank or financial institution must have a business office for presentment of the Financial Guaranty within the Minnesota seven county Metropolitan Area, The City may draw down the Financial Guaranty to pay for all costs and expenses incurred by the City to enforce this Contract including the costs incurred by the City in coiulection with the collection of the Financial Guaranty. Such costs to include any remediation or completion of Improvements. If the Financial Guaranty is drawn down, the proceeds shall be used to cure the default and, to the extent possible, reimburse the City its costs and expenses. 13 6.2 Terms, The Financial Guaranty may be for a stated term provided it is automatically renewable. The City may draw on the Financial Guaranty, without notice, after an Event of Default has occurred under this Contract, which has not been remedied within any applicable cure period or upon receiving notice that the Financial Security will be allowed to lapse. If the required Improvements are not completed at least thirty (30) days prior to the expiration of the Financial Security, the City may also draw down the Financial Security, 6.3 Claims. ha the event that the City receives claims from subcontractors or niaterialrnen that work required by this Contract has been performed and money due them have not been paid, and the subcontractor or materialmen are seeking payment out of the Financial Guaranty posted with the City, the Developer hereby authorizes the City, at the City's discretion, to commence an Interpleader action pursuant to Rule 22 of the Minnesota Rules of Civil Procedure for the District courts at the Developer's expense, to include court costs and attorney fees. The Developer further authorizes the City to draw upon the Financial Guaranty in the amount of one hundred twenty-five percent (125%) of the claim together with attorneys' fees and court costs, and to deposit the funds in compliance with the Rule. Upon such deposit, the Developer shall release, discharge and dismiss the City from any fiirther proceedings as it pertains to the fiends deposited with the District Court, except that the Court shall retain jurisdiction to determine the amount of attorneys' fees, costs and expenses owed to the City pursuant to this Contract. 6.4 Contract Management Account. The payment of all sums due hereunder is in addition to the sum of Nineteen Thousand, Eight Hundred Forty -Five and No/100 Dollars ($19,845.00) paid or to be paid by Developer as a contract management fee as identified in the Escrow Deposit Agreement signed by Developer. 14 Path. Path. SECTION VII PARD AND TRAIL DEDICATION 7.1 Park Dedications. Park Dedication was previously satisfied with the plat of Dakota 7.2 Trail Dedication. Trail Dedication was previously satisfied with the plat of Dakota 7.3 Water Quality. The Developer shall construct a series of fully-fiinctional stormwater ponds and infiltration basins to treat, slow and reduce stormwater runoff from the entire site area as shown on Plan II -- Grading Plan, and Utility Plan, and in fiill compliance with the City's Water Quality & Wetland Management Plan, City Code §4.33 post -construction stormwater management regulations, and all pertinent conditions for Preliminary Subdivision (Dakota Path) approval on 4/16/2013. The Developer shall provide a financial guarantee for the performance of the stormwater management facilities (ponds, infiltration basins, etc.) to ensure all have been constructed to be fully -functioning as intended, and in compliance with the approved plans and regulations, after a 3 -year minimum post installation period, and to the satisfaction and acceptance of the City Engineer. This financial guarantee shall not be less than the total estimated construction cost of the stormwater management facilities. 7.4 Use of Park Property. The Developer is prohibited from storing heavy construction equipment upon dedicated park land or trailways. Furthermore, the Developer shall notify the Parks and Recreation Department within seventy-two (72) hours of the completion of the establishment of all property line monumentations adjacent to dedicated or existing park land to allow the City the opportunity to identify the park boundary lines. Failure to notify the City within this time period or to perform this lot corner monumentation prior to building permit issuance for lots adjacent to the 15 park land will obligate the Developer to pay for any surveying costs incurred by the City to establish these boundaries. SECTION VIII WARRANTY 8.1 Design, Material and Worlananship. Unless a longer warranty period is provided by Minnesota law, the Developer warrants all Improvements required to be performed by Developer, its agents and employees, against poor design, engineering, materials and faulty workmanship for a period of two (2) years after acceptance by the City (pursuant to Paragraph 5.3 hereof). Developers shall provide a warranty bond(s), in an amount equal to fifty (50%) percent of the Public Improvements as identified in Paragraph 6.1, for a two (2) year period commencing upon the City's acceptance of the Public Inprovements. The Developer shall be solely responsible for the cost and expense to perform all required repair work to City Standards within thirty (30) days of written notification by the City. SECTION IX ASSESSMENTS AND CONNECTION CHARGES 9.1 Improvements. All special assessments for the Public Improvement Project installed by the City of Eagan as identified in this Contract shall be spread equally over 10 years, together with a rate of interest as determined by the City Council, using as a basis the interest paid by the City for the general obligation bonds necessary to finance the Public Improvements. The Developer hereby waives any rights to a hearing or notice of a hearing relating to the special assessments and also expressly waives any right to object to such assessments, as provided for under Minn. Stat. §429.081. 9.2 Financial Obligation._ The Developer shall pay and hereby waives any right to object to the payment of any Connection and Availability Charges for the utilities provided by the City. 16 The Developer also waives the right to object to the levying of the assessment for the Connection or Availability Charges. The Connection and Availability Charges have been computed using the City's adopted Fee Schedule as follows: ITEM QUANTITY RATE Trunk Sanitary Sewer - residential 20 lots Trunk Water Main -- residential 20 lots Trunk Storm Sewer — residential 200,059 s.f. $1,495.80/lot $1,560.00/lot $0.10/s.l TOTAL AMOUNT $29,916.00 $31,200.00 $20,005.90 $81,121.90 The Developer shall pay these charges prior to the release of the plat for recording. SECTION X RESPONSIBILITY FOR COSTS 10.1 Development of Subdivision. Developer shall pay all costs incurred by Developer, its agents and contractors, or the City in conjunction with the Development, including but not limited to: legal; planning; engineering and inspection expenses; permits; the cost of persons doing work or furnishing skills, tools, machinery or materials; costs of easements, if applicable; the cost of surveys and compliance tests, including environmental assessments and/or environmental impact statements, indirect source permit and traffic studies, if required; and inspecting and correcting deficiencies within the development of the Plat. 10.2 IIold Harmless. The Developer shall hold the City and the City's officers, employees, and agents harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Plat approval, the Development and/or the breach of this Contract. The Developer shall indemnify the City and the City's officers, employees, and agents against all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. 17 10,3 Rehnbursement, The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees, court costs, expert witness fees and administrative expenses. Moreover, the Developer shall pay in full all bills submitted to it by the City, for obligations incurred under this Contract, within thirty (30) days of receipt. If the bills are not paid on time, the city may halt construction of the Improvements until the bills are paid in fiill. Bills not paid within thirty (30) clays shall acerae interest at the rate of eight (8%) percent per year. 10.4 Payment of Special Assessments, The Developer shall pay or cause to be paid when due and in any event, before any penalty is attached, all Special Assessments referred to in this Contract. 10.5 Additional Charges. In addition to the charges and Special Assessments referred to herein, other charges may be imposed such as but not limited to, sewer availability charges, City water connection charges, water availability charges, City sewer connection charges and building permit fees. 10,6 Waiver. On behalf of itself and all the successors and assigns having an interest in the Property, the Developer waives all rights it may have now or in the future to repayment or reimbursement of any fees or charges paid to the City, which is identified in this Contract. SECTION XI EVENT OF DEFAULT 11.1 Occurrence. Each of the following occurrences shall constitute an event of default under this Contract, a) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under this Contract. IN b) Developer shall fail to perform any of the terns or conditions to be kept or performed by Developer under the City Code and/or City Standards. c) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under any license, permit or approval required by any regulatory or jurisdictional agency affecting the Plat. d) Developer shall fail to perform any required curative or remedial action pursuant to a notification of the need for such action by the City of any other regulatory or jurisdictional agency affected by or having jurisdiction over the Plat, within thirty (30) days of such notification, unless otherwise provided for in this Contract. e) Failure by the Developer to pay when due any and all costs associated with the Development, including but not limited to any fees and costs incurred by the City, engineering, administrative and legal expenses. f) Failure of the Developer to maintain the required Financial Guaranty or other required security with the City. g) Failure by the bank or financial institution that issued the Financial Guaranty to pay on demand by the City. SECTION XII REMEDIES 12.1 Performance by the City. In the event of a default by the Developer, the City may, at the City's option, perform the work in default and the Developer shall promptly reimburse the City for any expense incurred by the City. Except in emergency situations, the City shall endeavor to give the Developer notice of default forty-eight (48) hours prior to the City performing curative work. 19 12.2 Assessment. When the City does any work as a result of the Developer's default or upon failure of the Developer to make payment upon billing when clue, the City may proceed to assess the costs in whole or in part against the Property, or may proceed to collect on the Financial Guaranty. It is expressly agreed and understood herein, that this Developer waives any notice of healing and any rights to objection to the assessments so levied by the City. 12.3 Revocation of Permit to Proceed. In the event of a default, the City may issue a stop work order to Developer, its agents, contractors, or sub -contractors to cease all or any work being performed on the Property. Such stop work order may include the ceasing of the construction of any Improvements or homes on the Property. 12.4 Emergency. In the event of an emergency, the forty-eight (48) hour notice provision shall be and hereby is waived in its entirety by the Developer and the Developer shall reimburse the City upon being billed thereof for any expenses so incurred by the City in the same manner as if mailed notice as described hereinbefore had been given. 12.5 Cumulative Rights_ and Non -Waiver. The rights and remedies available to the City shall be cumulative and the enforcement by the City of one right shall not act as waiver of any other right available to the City. 12.6 Denial of Building Permits. An event of default shall be grounds for denial or revocation of building permits, including permits issued in connection with lots sold to third parties. SECTION XIII RELEASE OF FINANCIAL SECURITY 13.1 General. Periodically upon Developer's written request and upon completion and verification of satisfactory compliance or final approval by the City (per Paragraph 5.3 of this Agreement) of any installed Improvements, or the payment of special assessments levied in 20 connection with the Public Improvement Project, a like percentage of that portion of the Financial Guaranty covering those specific Iniprovements or Public Improvement Project may be released; except however the final twenty percent (20%) of the Financial Guaranty shall be held until a final acceptance (by the City) of all required Development Contract Requirements, Upon the issuance of a certificate of occupancy for a building in the Subdivision, the Developer upon written request may obtain a release of the Financial Guaranty which is equal to the assessments (levied or pending) which are charged against the lot, as a result of the Public Improvement Project. At the time of final Inspection of all Improvements, if it is determined by the City that the submitted plans and specifications were not strictly adhered to or that work was done without City inspection, the City may require that the Developer post a cash escrow equal to one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as the City deems necessary, not to exceed five (5) years, SECTION XIV RELEASE OF DEVELOPER LIABILITY 14.1 Release, Upon submittal by Developer of the required As -Built Plans for each Plan identified in Paragraph 3. 1, and upon satisfactory determination of completion of the Improvements pursuant to Paragraph 5,2 and payment of all costs owed to the City, the Developer may apply in writing for a release of its obligations under this Contract, save and except for those imposed pursuant to Paragraphs 8.1, 10.2 and 10.4. The City Council, after review by the City personnel, may authorize the release of the Developer from its obligations under this Contract by appropriate resolution, 21 SECTION XV MISCELLANEOUS 15.1 Compliance. The Developer represents to the City that the Plat complies with all City, county, metropolitan, state and federal laws and regulations including, but not limited to: Subdivision ordinances; zoning ordinances; and environmental regulations. If the City determines that the Plat does not comply, the city may at its option refuse to allow construction or development work on the Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 15.2 Authorization. By the execution hereof, the Developer represents and warrants that it has all the authorization and power necessary to make this Contract binding upon itself, its heirs, successors and assigns. 15.3 Third Parties. Third parties shall have no recourse against the City under this Contract. 15.4 Invalidity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 15.5 Run with the Land. This Contract shall run with the land and may be recorded against the title to the Property. By the execution of this Agreement, the Developer for itself, its successors and assigns, acknowledges that the property shall be affected by the terms and conditions contained herein. 15.6 Non -assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property or any part of it. 22 SECTION XVI NOTICES 16.1 General. All notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and sent by United States registered mail or hand delivered. The addresses of each party may be changed at any time or from time to time by notice given by said party to the other party. 16.2 If to City, mail to the City of Eagan, 3830 Pilot Knob Road, P.O. Box. 21199, Eagan, Minnesota 55121, Attention: City Administrator. 16.3 If to Developer, mail to the Development Manager. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY Or EAGAN: By: Mike Maguire Its: Mayor Attest: Christina M. Scipioni Its: City cleric (SEAL) 23 OWNER/DEVELOPER: D.R. HORTON, INC. - MINNESOTA By: Date Its: DEVELOPMENT CONTRACT APPROVED AS TO FORM: By: Eagan City Attorney Date: APPROVED AS TO CONTENT: By: Community Development Department Date: STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this day of '2016, before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and CHRISTINA M. SCIPIONI, to me personally lu-own,.who being each by me dulysworn, each did say that they are respectively the Mayor and City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the flee act and deed of said municipality. Notary Public STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2016 by , the of D.R. Horton, Inc. -- Minnesota, a Delaware corporation, on behalf of the corporation. Notary Public 24 Exhibit B 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, C3, D1, and E1: A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights- of-way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a permanent cul-de-sac, or temporary cul-de-sac to be removed upon further extension (on stub streets, constructed in accordance with City engineering standards. This development 1 shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights-of-way as required by the alignment of the cul-de-sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 2. The property shall be platted. 3. Outlot C shall be platted as a lot at the time of final subdivision. [SATISFIED WITH 1ST ADDITION PLAT] 4. Prior to Final Subdivision approval, the City Council must make a determination on the EAW as to whether an EIS is necessary. [SATISFIED] 5. The value of the outlots shall be apportioned to the adjacent lots throughout the development. 6. A homeowner's association, in a form acceptable to the City Attorney, shall be established for this development. All common property and open space shall be conveyed to and maintained by the homeowner's association, as well as any monument signs or other common amenities. All common lots shall be deeded to the homeowner's association. 7. Ownership and maintenance of the swimming pool, tot lot, and any community buildings, if included, shall be the responsibility of the homeowner's association. [These amenities are not part of this development phase.] 8. If the applicant desires the outlots to be a conservation area, such protection should be provided through covenants or an open space maintenance plan, in a form acceptable to the City Attorney. Such documents shall be provided at the time of Final Planned Development and Final Subdivision, 9. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood. 10. Where parking lots exist, such as for the swimming pool, landscape buffers to public streets and to adjacent houses shall be provided in accordance with City Code standards. 2 11. Prior to Final Subdivision and Final Planned Development, the applicant shall provide verification to the City Engineer that the placement of landscaping does not interfere or conflict with utilities and stormwater facilities. 12. This development shall comply with the current Water Quality and Wetland Management Plan (2007), along with the City Code storm water management regulations (§4.33) and wetland protection and management regulations (§11.67). 13. This development is subject to the City's post construction requirements (City Code §4.33) for stormwater management and surface water quality. The following Development Conditions shall apply to Water Quality: a. Volume Control: The first one-half inch of stormwater runoff from any rainfall event shall be infiltrated or retained entirely on the site. b. Total phosphorus (TP) & Total suspended solids (TSS) Control: There shall be no -net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site. c. Runoff Rate Control: This development's stormwater facilities must maintain predevelopment runoff rates for the 1) 50%, 24-hour storm; 2) 10%, 24-hour storm; 3) 1%, 24-hour storm. d. Pond Design Requirements: All pond design specifications shall conform to the current National Urban Runoff Program standards. In addition, the following are required: I. There shall be a forebay area in each pond to provide fine -sand sized particles to settle, unless the City determines this requirement is not feasible on a site by site basis. ii. Side slopes shall not exceed three feet horizontal to one foot vertical (3:1) and there shall exist a ten -foot wide bench starting at the Structural Control Elevation (SCE) with side slopes no steeper than ten feet horizontal to one foot vertical (10:1) for safety considerations. iii. A ten -foot wide maintenance bench above the SCE, with a slope no steeper than ten feet horizontal to one foot vertical (10:1), shall be provided as directed by the City and shall be sufficient to access all pond inlets and outlets, iv. A minimum of 15 -foot -wide unobstructed access path capable of supporting inspection and maintenance equipment, for access to all ponds/basins, and inlets and outlets. V. The property owner shall grant the City an easement providing unobstructed City access to the stormwater facility for inspection and maintenance purposes. 14. Any mechanical equipment for the community swimming pool shall be enclosed within a building and for any equipment that cannot be located within a building; such equipment shall be screened and buffered from adjacent residential lots and the public right-of-way. [Not applicable, community and pool building are not part of this development phase.] 15. Any monument or neighborhood identification signs shall be subject to City Sign Code standards. Any such signs shall be consistent in design throughout the development, and sign plans shall be provided at the time of Final Planned Development. [No signs are part of this development phase.] 16. Lighting shall be provided per City Code standards at the community swimming pool as necessary to provide for security, safety and traffic circulation. [Community and pool building area not part of this development phase.] 17. 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. 18. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 19. The applicant shall provide the City with a soil -boring log below each infiltration area, with data to a minimum of 6' below the lowest excavated elevation. If the soil -boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and/or construction plans to ensure 4.33 requirements for volume control are met. 20. The applicant shall provide construction details of proposed infiltration areas for City review and approval (cross-section, construction / protection / sequencing notes, sizing/volume tables, planting details, etc.), to ensure infiltration areas are properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). 21. The applicant shall provide construction details of proposed stormwater basins for City review and approval (cross-section, construction / protection / sequencing notes, sizing/volume tables, planting details, etc.), to ensure stormwater basins are properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). 22. The applicant shall provide adequate pre-treatment (street -side catch -basin sumps and/or forebays) to provide for capture and easily -accessible cleanout of fine -sand sized particles for all basins and infiltration areas that receive direct Impervious runoff. 23. The applicant shall provide the City as -built plans, in a form acceptable to the City Engineer, that demonstrate constructed stormwater facilities conform to design and/or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities. 24. A ten -foot wide maintenance bench above the Structural Control Elevation (SCE) on all basins, with a slope no steeper than ten feet horizontal to one foot vertical (10:1), shall be provided as directed by the City and shall be sufficient to access all basin inlets and outlets with typical excavation equipment. 25, Developed conditions (grading, private utilities, landscaping, etc.) must allow a minimum of 15 -foot - wide unobstructed equipment access path, from street -edge to all stormwater facilities, at a maximum In slope of 15%. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for access to all basins and infiltration areas, including unobstructed maintenance equipment access to inlet and outlet areas. 26. All construction traffic associated with this development shall access and exit the site only via the Cliff Road access. 27. Dakota Path shall be signed 'no parking'. 28. The concrete sidewalk proposed within public right-of-way shall be a minimum of six (6) feet in width. 29. The property owner shall grant the City easements, in a form acceptable to the City Attorney, providing unobstructed City access to stormwater facilities for inspection and maintenance purposes. 30. This development shall dedicate drainage & utility easements over the stormwater basins and infiltration areas to three feet in elevation above the calculated high water level (1% event) of those stormwater facilities, or two feet in elevation above the calculated high water level (1% event) where emergency overland flow is provided in accordance with City Engineering standards. 31. This development shall dedicate public drainage & utility easement over all public sanitary sewer, water main, and storm sewer pipes at a minimum width of 20 feet. 32. This development shall be responsible for abandonment of all well systems in accordance with City and County requirements. 33. This development shall be subject to an agreement, in a form acceptable to the City Attorney, between the::romeowners association and the City providing for the perpetual maintenance of any Landscaping within the right-of-way center island median by the homeowners association. 34. The applicant shall submit a revised Tree Mitigation Plan that indicates the installation of twelve - hundred sixty-one (1,261) Category B trees (or an equivalent number of Category A, B, or C trees) as fulfillment of Tree Preservation requirements. [These numbers are for the entire Dakota Path development.] 35. The applicant shall work with the City Forester to review potential tree preservation versus utility/trail installation conflicts for trees numbered 29, 30, 31, 34, 228, 229, 230, and 433 and adjust tree removal and tree mitigation calculations accordingly. 36. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 37. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 5 38. The applicant shall submit an annual Tree Mitigation Compliance Report detailing the tree mitigation progress. Said report shall include maps and lists of all required tree mitigation (quantity, size, species, and location) installed per each lot/common area. Annual reports shall be prepared by a consultant that has a qualified landscape architect or certified arborist knowledgeable with trees and tree health. A follow-up report shall be submitted one-year after tree mitigation installation documenting the condition of all mitigation trees planted in that cycle. Any mitigation tree that is not alive and viable one year after planting shall be replaced with a comparable tree. 39. The Development shall satisfy the Park Dedication as follows: a. Dedicate approximately 4 acres of property contiguous to George Ohmann Park, as depicted on Exhibit A which was received on April 10, 2013 and included on page 146 of the City Council packet. b. Cash payment equivalent to 25% of what would otherwise be a full cash dedication for the development. c. The provision of recreational amenities within the Development consistent with the approved plan. In recognition, the City shall grant a 25% credit towards the dedication. [SATISFIED] 40. The Development shall satisfy the Trail Dedication as follows: a. Construct a multi-purpose trail built to City standards along the proposed Dakota Path (approximately 1500 feet). In recognition, the City would grant a credit equivalent to $15 per lineal foot. b. Secure the appropriate permits and approvals for the construction of a paved trail connection to Lebanon Hills Park within an existing pipeline easement (approximately 1,200 feet). In recognition the City would grant a credit equivalent to $15 per lineal foot. c. The balance of the Trail Dedication due would be satisfied with a cash payment. [SATISFIED] 41. The Developer shall provide a conservation easement to the City or Dakota County to preserve the landscape and trees to be installed in the buffer area adjacent to Lebanon Hills Regional Park. ro a d� @b 7-il I ntJ1 o. LJI c ni n t i i n n w n y \ �In\I»n v V 1 1) l v L V.I.VJ V V II \ V R y�� tmou ooxx sow) it •ou vrren-• J � � U 1 I 1 y LIJ Cj o Ld Ca Ld,> I � I a 9 I 3,50,' P.ZoN 11 tl\� 8 �..:._0�'S08 S4bZBN 81 1.a ----a..0�1E404LOS 5 EXHIBIT" jq Agenda Information Memo April 5, 2016 Eagan City Council Meeting CONSENT AGENDA P. Lot 19, Block 5, Hilltop Estates Easement Vacation Action To Be Considered: Receive the petition to vacate public drainage and utility easements on Lot 19, Block 5, Hilltop Estates and schedule a public hearing to be held on May 3, 2016. Facts: ➢ On March 9, 2016, City staff received a petition from Robert and Nancy Peterson, property owners of Lot 19, Block 5, Hilltop Estates, requesting the vacation of existing drainage and utility easements on their property at 4175 Strawberry Lane, north of Diffley Road and east of Pilot Knob Road, in south- central Eagan. ➢ The purpose of the request is to allow the homeowners to build a master suite addition onto the main level of their home. The vacation of the easements would allow the addition of a full basement foundation, a vaulted ceiling bedroom and a bath. ➢ The request would vacate a portion of an existing drainage and utility easement on the property. The vacation of the easement would address the portion in excess of the standard drainage and utility easements adjacent to the property lines. The portion of the easement remaining will adequately address all necessary public drainage and utility easements on this property. ➢ Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Attachments (2) CP -1 Location Map CP -2 Legal Description Graphics CITY OF EAGAN Fig. 1 Proposed Public Drainage & Utilityt Easement Vacation MOW 4175 Strawberry Lane 3/8/2016 . \ 30 s�vA 11 � O1508/// ,o t^ 24.25 =ao a 12.33 \�r \�+ 0 �2ao�\ I — 8228'11" 1 I a m a SE'LY CORNER LOT w v w i5.o a O /– 19, BLOCK 5 o m al S0440'41 17,9yy / c, PROPOSED 1 :P 8 < ADDITION 4 s _LIQ Z m 32.0 -ro i S8519'19"E ,i$00 a m I I 12.38 c� O � �� � 'sem / �� ✓SEv 5605�0�`" i i r 0 30 60 90 I THE BEARINGS SHOWN HEREON ARE BASED ON THE RECORDED PLAT OF HILLTOP ESTATES. PROPOSED DESCRIPTION FOR DRAINAGE EASEMENT TO BE VACATED That part of the drainage easement, as dedicated in HILLTOP ESTATES, according to the recorded plat thereof, on file in the office of the County Recorder, Dakota County, Minnesota, described as follows: Commencing at the southeasterly corner of Lot 19, Block 5, of said HILLTOP ESTATES; thence South 60 degrees 54 minutes 03 seconds West, assumed bearing, along the southeasterly line of said Lot 19, a distance of 78.00 feet to the easterly line of said drainage easement; thence North 29 degrees 52 minutes 12 seconds West, along said easterly line, a distance of 27.11 feet to the point of beginning of the land to be described; thence continue North 29 degrees 52 minutes 12 seconds West, along said easterly line, a distance of 21.83 feet; thence South 04 degrees 40 minutes 41 seconds West, a distance of 17.98 feet; thence South 85 degrees 19 minutes 19 seconds East, a distance of 12.38 feet to the point of beginning. SKETCH FOR: ROB PETERSON •JOHNSON & SCOFIELD INC, SURVEYING AND ENGINEERING 1112 HIGHWAY 55 SUITE 201, HASTINGS, MN 55033 (651)438-0000 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land 'Surveyor under the laws of the State of Minnesota. Mitchell A. Scofield Minnesota License No. 48634 Date: January 19, 2015 BK. NA I PG. NA I W.O.# DRAWING NUMBER Agenda Information Memo April 5, 2016 Eagan City Council Meeting CONSENT AGENDA Q. Contract 16-03, 2016 Trail and Parking Lot Improvements Action To Be Considered: Approve the plans and specifications for Contract 16-03 (2016 Trail and Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, May 12, 2016. Facts: ➢ Contract 16-03 provides for the construction and maintenance overlay of bituminous trails and parking lots in the following locations: o Pilot Knob Road (east and west sides), Cliff Road to Apple Valley border o Lexington Avenue (east side), north of Diffley Road o Cliff Road (north and south sides), Johnny Cake Ridge Road to Ches Mar/ Fairway Hills Dr. o Diffley Road (south side), Heine Court to Pilot Knob Road o Yankee Doodle Road (north and south sides), 1-35E to Lexington Avenue o Lone Oak Road (north side), east of Pilot Knob Road o Lexington Pointe Parkway (north and south sides), Lexington Ave. to east of Wildflower Ln. o Northridge Drive (west side), Northview Park Road to Wescott Road o Cedar Grove Parkway (new trail construction), NE of Rahn Road o Four Oaks Road (south side), TH 13 to Coachman Road o Fish Lake Park, trail - boat ramp to fishing pier o Lexington-Diffley Athletic Fields, trails and parking lot o Yankee Doodle Road (north side), Central Parkway to Pilot Knob Road as programmed for 2016 in the City's 5 -Year Capital Improvement Program (2016-2020) and authorized by the City Council on June 2, 2015. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way, public property or easements. These projects are being combined under one contract for economies of scale in the competitive bidding process. ➢ The plans and specifications have been completed by Public Works (Engineering) staff, and are being presented to the City Council for their approval and authorization for the advertisement of bids. ➢ Upon approval and authorization, an advertisement will be published in the legal newspaper, as well as construction contracting publications, informing contractors of the bid. Attachments (0) Agenda Information Memo April 5, 2016 Eagan City Council Meeting CONSENT AGENDA R. Contract 16-01, 2016 Street Revitalization Action To Be Considered: Receive the bids for Contract 16-01 (2016 Street Revitalization) and award a contract to McNamara Contracting, Inc. for the base bid in the amount of $1,243,814.80, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 16-01 provides for the street improvements as outlined and discussed in the respective Feasibility Reports for each of the following projects: o Nicols Road (Silver Bell Road to 1,235' North) -Project 1142 o Eagandale Corporate Center - Project 1191 o Johnny Cake Ridge Road (Cliff Rd to Teal Cove) - Project 1192 o Denmark Avenue, Timbershore Additions, and Pilot Knob Heights Addition - Project 1193 o Cedar Grove 3rd Addition - Project 1196 o Eagan Business Commons (Commers Drive) - Project 1202 o Mallard Park 2nd Addition - Project 1203 as programmed for 2016 in the City's 5 -Year Capital Improvement Program (2016-2020). ➢ On January 5, 2016, the City Council authorized the street improvements for Projects 1203, 1202, 1196, 1193, 1192, and 1191. On January 19, 2016, the City Council authorized the street improvements for Project 1142. These projects are combined under one contract for economies of scale in the competitive bidding process. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. On February 16, 2016, the Council approved the plans and specifications for Contract 16-01 and authorized the solicitation of competitive bids. ➢ On March 18, 2008, the Council approved the use of best -value solicitation of bids, as allowed by State Statute, providing for the consideration of bidders expected performance in relation to their submitted bid. At 10:30 a.m. on March 21, 2016, technical performance proposals from each bidder were received for this project. At 10:30 a.m. on March 31, 2016, formal bids from each bidder were received for this project. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid and past performance of McNamara Contracting, Inc., has been reviewed by the Public Works Department (Engineering) and found to provide the best value; the base bid is in order for favorable Council action. Attachments (1) CR -1 Bid Summary BID SUMMARY 2016 STREET REVITALIZATION CITY CONTRACT No. 16-01 NICOLS ROAD EAGANDALE CORPORATE CENTER (SILVER BELL ROAD TO 1,235' NORTH) Over/Under FR Estimate PROJECT NO 1142 PROJECT NO 1191 Street Overlay Street Overlay JOHNNY CAKE RIDGE ROAD DENMARK AVE., TIMBERSHORE ADDS, & PILOT (CLIFF ROAD TO TEAL COVE) KONB HEIGHTS ADWS PROJECT NO 1192 PROJECT NO. 1193 Street Overlay Street Overlay CEDAR GROVE 3RD ADDITION EAGAN BUSINESS PARK 1192 (COMMERS DRIVE) PROJECT NO 1196 PROJECT NO 1202 Street Overlay Street Overlay MALLARD PARK 2"D ADDITION PROJECT NO 1203 Street Overlay Bid Date/ Time: 10:30 a.m., Thursday, March 31, 2016 Contractors Total Base Bid 1. McNamara Contracting, Inc. $1,243,814.80 2. Bituminous Roadways, Inc. $1,299,785.65 Project Low Base Bid Feasibility Report (FR) Estimate Over/Under FR Estimate Engineer's Estimate Over/Under Eng Estimate 1142 $34,488.70 $45,600 -24.5% $40,628 -15.1% 1191 $269,102.00 $338,938 -20.6% $338,778 -20.5% 1192 $216,417.25 $280,325 -22.8% $270,228 -19.9% 1193 $277,150.25 $352,332 -21.3% $327,968 -15.5% 1196 $290,859.70 $339,903 -14.4% $331,702 -12.3% 1202 $96,093.65 $117,797 -18.4% $112,630 -14.7% 1203 $59,703.25 $76,686 -22.2% $68,708 -13.1% Totals $1,243,814.80 $1,551,581 -19.8% $1,486,639 -16.3% Agenda Information Memo April 5, 2016 Eagan City Council Meeting CONSENT AGENDA S. Contract 16-02, 2016 Street Revitalization Action To Be Considered: Receive the bids for Contract 16-02 (2016 Street Revitalization) and award a contract to McNamara Contracting, Inc., for the base bid in the amount of $1,283,226.25, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 16-02 provides for the street improvements as outlined and discussed in the respective Feasibility Reports for each of the following projects: o Whispering Woods 9th and 11th —13th Additions - Project 1194 o Oslund Timberline / McCarthy Ridge - Project 1195 o Cedar Grove 4th Addition - Project 1197 o Blackhawk Forest / Centex Vermilion Additions - Project 1198 o Red Oaks, Woodlands 4th, Verdant Hills, and Verdant Acres - Project 1199 o Diff ley Commons - Project 1200 o Kingswood Ponds - Project 1201 as programmed for 2016 in the City's 5 -Year Capital Improvement Program (2016-2020). ➢ On January 19, 2016, the City Council authorized the street improvements for Projects 1194 and 1195. On February 2, 2016, the City Council authorized the street improvements for Projects 1197, 1198, 1199, 1200 and 1201. These projects are being combined under one contract for economies of scale in the competitive bidding process. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. ➢ On February 16, 2016, the Council approved the plans and specifications for Contract 16-02 and authorized the solicitation of competitive bids. ➢ On March 18, 2008, the Council approved the use of best -value solicitation of bids, as allowed by State Statute, providing for the consideration of bidders expected performance in relation to their submitted bid. At 10:30 a.m. on March 21, 2016, technical performance proposals from each bidder were received for this project. At 10:30 a.m. on March 24, 2016, formal bids from each bidder were received for this project. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid and past performance of McNamara Contracting, Inc., has been reviewed by the Public Works Department (Engineering) and found to provide the best value; the base bid is in order for favorable Council action. Attachments (1) CS -1 Bid Summary BID SUMMARY 2016 STREET REVITALIZATION CITY CONTRACT No. 16-02 WHISPERING WOODS 9TH, 11TH -13TH ADDITIONS OSLUND TIMBERLINE/ MCCARTHY RIDGE PROJECT NO 1194 ADDITIONS Street Overlay PROJECT NO 1195 1194 Street Overlay CEDAR GROVE 4TH ADDITION BLACKHAWK FOREST/ $140,046 CENTEX VERMILION ADDITIONS PROJECT NO 1197 PROJECT NO. 1198 Street Overlay Street Overlay RED OAKS, WOODLANDS 4TH, VERDANT HILLS, DIFFLEY COMMONS VERDANT ACRES $365,414.50 PROJECT NO 1199 PROJECT NO 1200 Street Overlay Street Overlay KINGSWOOD PONDS COURTHOUSE LN, YANKEE DOODLE RD/ $291,278 TERMINAL DR, & RIVERTON AVE PROJECT NO 1201 PROJECT NO 1219 Street Overlay Misc. Street & Driveway Repairs Bid Date/ Time: 10:30 a.m., Thursday, March 24, 2016 Contractors Total Base Bid 1. McNamara Contracting, Inc. $1,283,226.25 2. Bituminous Roadways, Inc. $1,515,880.60 Project Low Base Bid Feasibility Report (FR) Estimate Over/Under FR Estimate Engineer's Estimate Over/Under Eng Estimate 1194 $105,356.50 $151,290 -30.4% $140,046 -24.8% 1195 $246,494.00 $322,628 -23.6% $311,120 -20.8% 1197 $365,414.50 $481,097 -23.8% $468,013 -21.9% 1198 $221,893.75 $291,278 -23.8% $277,835 -20.1% 1199 $84,925.75 $131,653 -35.5% $107,982 -21.4% 1200 $147,404.75 $197,284 -25.3% $185,840 -20.7% 1201 $73,530.25 $97,647 -24.7% $93,928 -21.7% 1219 $38,206.75 $47,928 -19.2% $47,928 -19.2% Totals $1,283,226.25 $1,720,805 -25.4% $1,632,711 -21.4% Agenda Information Memo April 5, 2016 Eagan City Council Meeting CONSENT AGENDA T. Contract 16-09, 2016 Pond Sediment Removal & Outlet Improvements Storm Sewer/Water Quality Improvements Action To Be Considered: Receive the bids for Contract 16-09 (2016 Pond Sediment Removal and Outlet Improvements - Storm Sewer/Water Quality Improvements) and award a contract to Minnesota Dirt Works Inc., for the base bid in the amount of $219,809.05, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 16-09 provides for storm sewer improvements in 7 waterbodies (six storm basins and one channel) as identified and approved in the City's 5 -Year CIP (2016-2020). The improvements will enhance surface water quality within Eagan lakes and ponds. ➢ On February 16, 2016, the Council approved the plans and specifications for Contract 16-09 and authorized the solicitation of competitive bids. ➢ At 12:30 p.m. on March 31, 2016, formal bids from four bidders were received for this project. ➢ 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 Minnesota Dirt Works, Inc., is in order for favorable Council action. Attachments (1) CT -1 Bid Summary BID SUMMARY STORMWATER & WATER QUALITY PONDS SEDIMENT REMOVAL & OUTLET IMPROVEMENTS CITY CONTRACT 16-09 CITY PROJECT 1204 Bid Date/ Time: 12:30 p.m., Thursday, March 31, 2016 Contractors Total Base Bid 1. Minnesota Dirt Works $219,809.05 2. Sunram Construction Inc. $232,536.30 3. Dryden Excavating, Inc. $244,419.15 3. Nadeau Companies $262,345.00 -4.K S? � M 11 1204 $219,809.05 N/A N/A $ 295,550 -25.6% Agenda Information Memo April 5, 2016 Eagan City Council Meeting CONSENT AGENDA U. Lots 3 & 4, Block 1, Sibley Terminal Industrial Park Easement Vacation Action To Be Considered: Receive the petition to vacate public drainage and utility easements (Document No.'s 238082 & 283083) on Lots 3 & 4, Block 1, Sibley Terminal Industrial Park and schedule a public hearing to be held on May 3, 2016. Facts: ➢ On March 29, 2016, City staff received a petition from Greg Gentz, Rehder & Associates, representing Safety Kleen, Inc., the property owner, requesting the vacation of existing drainage and utility easements (Document No.'s 238082 & 283083) on Lots 3 & 4, Block 1, Sibley Terminal Industrial Park (3227 Terminal Drive), north of Yankee Doodle Road and east of Highway 13, in northwest Eagan. ➢ The purpose of the request is to allow the recording of a final plat of the property for the proposed Safety Kleen Addition development. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The final plat for the Safety Kleen Addition will address all easements necessary for public drainage and easement purposes. ➢ The approval of the plat for the Safety Kleen Addition will be scheduled for Council consideration at a future City Council meeting. ➢ Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Attachments (2) CU -1 Location Map CU -2 Legal Description Graphics Proposed Drainage and Utility Easement Vacation Lots 3 & 4, Block 1, Sibley Terminal Industrial Park Fig. 1 03/30/16 494 MENDOTA HEIGHTS N LONE OAK, RD. ► �y 43 JQ' L� YANKEE DOODLE RD. s EASEMENT ( VACATION LOCATION o— m 0 Y �z F= O a (DIFFLEY RD. 30 au W Q Q aW 43 o ry U LL Proposed Drainage and Utility Easement Vacation Lots 3 & 4, Block 1, Sibley Terminal Industrial Park Fig. 1 03/30/16 Easement Vacation Sketch for., SAFETY KLEEN ADDMON Most westerly corner of Lot 3, Alock 1, • -• SIBLEY TERh1INAL INDUSTRIAL PARK f fYt, Scale; 1 inch = 100 feet ofV 2a2t / q0 \ 1 \ LO \' Drainage and 1-tI6tY Easement Document No. 236-62 to be vacated \2. NN \Sm. X, i J , (, and uU4 a 4a vacated '�/ '• :4 D �^ 13g0e2 \ / / +^ j b :- EASEMENTS TO BE VACATED Svuthvavt romvr. a, abeX X, ,Ler,U,IN,� ..._.- INOVSTIVgL VAP!{ / The drainage and utility easement dated July 10r 1990 and recorded 14 January 18r 1991 as Document No, 238082 together with the drainage and utility easement -dated July 17, 1990 and recorded January 18, 1991 as Document No. 2.38083. SOL:hwest corner --------- of Lot 3, Brack I; SIBLEY TERMINAL INDUSTRIAL ;.+� PAR ��7 Ci t� i� - aa• a( , `.r lig Rehder^ and Associates, Inc. CIVIL ENGINEERS AND LAND SURVEYORS 3440 Federal Drive • Suite 710 • Eagan, Minnesota ^ Phone (651) 452-5051 Agenda Information Memo April 5, 2016 Eagan City Council Meeting CONSENT AGENDA V. Schedule Public Hearing on April 19, 2016 to receive comments regarding a cable television franchise for Quest Broadband Services, Inc., DBA CenturyLink Action To Be Considered: To set April 19, 2016 at 6:30 PM or as soon thereafter to hold a public hearing to receive comments regarding a proposed Eagan cable television franchise for Quest Broadband Services, Inc. doing business as CenturyLink. Facts:  In March of 2015 the City of Eagan received a request from Quest Broadband Services, Inc. d/b/a CenturyLink to initiate proceedings to consider awarding it a competitive cable franchise within the City of Eagan.  The City subsequently published a legal notice of its intent to solicit cable franchise proposals to be received on or before July 3, 2015.  On July 21, 2015 the Eagan City Council determined that CenturyLink had the legal, technical and financial qualifications to operate a cable system within Eagan and staff were directed to enter into negotiations with company representatives.  City negotiators and upon recommendation of the Finance Committee of the City Council believe that a draft franchise document suitable for City Council review will be ready on or before the April 19 City Council meeting.  It is recommended that a public hearing be scheduled and legally noticed for the April 19, 2016 City Council meeting.  A copy of the negotiated franchise will be made available in the City Clerk’s office prior to the meeting. Attachments: (0) Agenda Information Memo April 5, 2016 Eagan City Council Meeting PUBLIC HEARING A. Approve Application From Corvida Medical For Minnesota Investment Fund Loan Action To Be Considered: To approve a Minnesota Investment Fund application from Corvida Medical for development of business at 3660 Dodd Road and adopt Resolution authorizing the application. Facts: ➢ Corvida Medical is a medical device company currently located in Coralville Iowa that has recently received FDA approval to manufacture an effective closed drug delivery system designed to protect health care workers and patients from direct exposure to hazardous pharmaceuticals typically administered during chemotherapy treatment. ➢ The company currently manufactures sample products in Grand Rapids Michigan but is now in a position to start high output production and they are strongly considering Eagan to headquarter its offices and manufacturing. They intend to produce the product in partnership with Pioneer Plastics at their facility at 3660 Dodd Road. ➢ Corvida has had initial conversations with Greater MSP and DEED's Business Assistance office to determine the best type of assistance program to meet their needs and they have suggested the Minnesota Investment Fund (MIF) loan program. A successful MIF application would provide the City of Eagan $400,000 to loan Corvida based on 17 new jobs created by the expansion in Eagan. ➢ A financial analysis of the company was conducted by Ehlers and Associates on behalf of the City of Eagan and forwarded to DEED for their review. The completed application will be finalized and forwarded to DEED subsequent to approval by the City Council. ➢ Corvida provided an initial application that was reviewed by the City Council Finance Committee, who found it to be consistent with the City's Business Assistance Policy. The Committee is recommending City approval of the application. ➢ In order to formally consider the application for submittal to DEED, the local unit of government must hold a public hearing. The purpose of the hearing is to approve the application and adopt a Resolution authorizing its submittal and execution of related agreements. ➢ Subsequent to approval, an additional public hearing will be held to approve final terms of the loan and contract with the State of Minnesota. Attachments: (3) PHA -1 Location Map PHA -2 Corvida Medical Business Assistance Application Project Summary PHA -3 Resolution N V N Rf a v d O O O M a.u ca .Q ix O V -0 o O —J PDLL. m Z V — 0 Z 4) d O CL �v olo z pper�.. O ®L O U N N y y C Vl y U U C_ O Y m O O v a. a �. - .� �t��::ou.ina�•v��i�xx�,uc��oi� � ..- !� lii�� i ■���� ��J I lot FAIN ON I M � �::"�► ate` r� INCH—Ill W-1 �_ ..mi _�,1 ENRON z ■�■�I It + 19��®�1����,������=- ����'1®s�,►�,.0���1.1�®Ili ����1��, �z O LLO O CV O U N N y y C Vl y U U C_ O Y m O O v a. a m' a v ®�® (D -j o - �. - .� �t��::ou.ina�•v��i�xx�,uc��oi� � ..- !� lii�� i ■���� ��J I lot FAIN ON I M � �::"�► ate` r� INCH—Ill W-1 �_ ..mi _�,1 ENRON z ■�■�I It + 19��®�1����,������=- ����'1®s�,►�,.0���1.1�®Ili ����1��, Corvida Medical Overview Corvida Medical is an emerging growth medical device manufacturing company backed by private investors and National Cancer Institute (NCI) -funded Small Business Innovation Research (SBIR) grants. Corvida is commercializing an innovative, "best -in -class" closed system drug transfer device (CSTD) that assures a safe environment for health care providers and patients and is easy to use. The Corvida product is designed to address a significant safety and health problem: 8 million US healthcare workers exposed to hazardous drugs each year. The exposure to hazardous drugs poses a significant global health risk including cancers, genetic mutations, infertility, birth defects and miscarriages. Over 5,500 hospital pharmacies, 3,200 oncology clinics in the US and 10,000+ sites worldwide dispense hazardous drugs, representing a $1 B market for CSTDs, vented.vial access systems and related devices. Corvida's core team includes industry experienced management professionals and technology specialists. Prasad Sunkara, PhD, Chairman of the Board & NIH PI, is a serial entrepreneur with 30 years of corporate, financing, R&D, and management experience in the life sciences industry and as CEO/Founder exited 8 start-ups, yielding significant returns to shareholders. CEO Kent Smith, MBA, is a successful executive with over 30 years of global business leadership and medical device commercialization experience. Smith's successes includes managing the growth of a needle -less device business from $0-250 million in two years within the Baxter Healthcare corporate setting as well as leading commercialization and driving sales from $0-30 million in a medical device start-up setting, resulting in a $310 million (10x sales) acquisition (Suros Surgical acquired by Hologic). VP Manufacturing Dana Schramm, BSME, MBA, as over 20 years of experience in the medical device manufacturing industry, leading commercialization of Class II and Class III medical devices from design to production launch and scale -up to millions of effective annual unit volume. Co-founders John Slump, CFO, and Jared Garfield, CTO, conceived the business opportunity and proprietary technology and add finance, accounting, engineering, and IT skills. The co-founders have recruited experienced management and millions of dollars in non -dilutive funding from National Cancer Institute which resulted in key relationships with about 50 committed hospital pilot sites representing a robust sales pipeline. Corvida Medical is currently utilizing third party contract manufacturers for the Halo® product line, including Medbio, Inc., located in Grand Rapids, MI for low volume molding and assembly as well as Medikmark, Inc. in Waukegan, IL for packaging of the Halo® product line. However, as Corvida plans US rollout to initial customers and expansion of the business operations and sales force, management is seeking to increase manufacturing capacity by initiating a relationship with a high volume manufacturing partner. Additionally, Corvida currently has 2 employees in Iowa City, Iowa, 2 employees in San Diego, California, 3 employees in the Twin Cities, Minnesota, 1 employee in Chicago, Illinois, and 1 employee in Detroit, Michigan. That said, the board of directors and management intend to centralize the head count wherever high volume manufacturing is ultimately located. Corvida Medical, per above, is currently using contract manufacturers in the Chicago, IL and Grand Rapids, MI areas, and the company is now exploring potential relationships with high volume contract manufacturers in various regions. Corvida Medical Outlook The expansion of Corvida Medical manufacturing operations in Eagan will create high paying, permanent full-time employment opportunities for residents and foster greater economic growth for the community. With the Eagan facility as the proposed center of Corvida manufacturing operations, the company will expand its presence with the placement of an executive -level manager to be located on site with direct reporting managers, engineers, as well as accounting, clinical, sales and marketing reps. The automated manufacturing resources in Eagan will support a transnational sales team as Corvida expands market reach. The MIF funds will be leveraged with significant private investment as well as federal grants to support high -paying manufacturing jobs in Eagan, export high volume med-tech products nationally and internationally, and create positive word-of-mouth reports regarding world-class medical device manufacturing and tooling services available in Eagan. The Company has leveraged about $6 million in non -dilutive federal, state, and private awards and secured $2.25 million in Series A proceeds to achieve critical milestones to date. Corvida completed a $10.9 million Series B over a series of tranches with the final closing in mid -2015 and is now seeking a convertible note investment, with $3.8 million already committed and on track to close Q1 2016. Management anticipates a $7-10 million Series C late 2016/early 2017 (including the convertible note proceeds) with funds to be used to scale -up manufacturing capacity, build -out production inventory, add personnel, and fuel revenue growth. Corvida has an opportunity to achieve cash flow positive within 2 years of launch (on roughly $1 million in monthly sales), and a realistic opportunity to ramp revenues to $20-30 million within 2-3 years! Corvida Medical Markets & Competitive Advantage The preparation and delivery of chemotherapy medications is hazardous and costly. The first step is the preparation of the prescribed drug, which typically entails reconstituting (converting a powder drug to liquid form by injecting a diluent, such as saline, into the vial) and then transferring the prepared drug to the patient delivery vehicle. The second step is the administration of the prescribed drug to the patient. Both liquid spills and unseen gas vapors have both been proven equally dangerous, as noted below. Together, these steps involve three discrete safety challenges: • Direct contamination of pharmacy/nursing personnel during drug preparation • Direct contamination of nursing personnel during drug administration • Indirect contamination of nurses, pharmacists, other caregivers, patients and visitors via exposed workers transporting contamination to other areas of the hospital/clinic To address the issue of exposure to toxic substances, pharmacies and clinics that dispense chemotherapeutic agents are increasingly using Closed System (Drug) Transfer Devices (CSTD's). The current market leading CSTD system (PhaSeal by Carmel Pharma — acquired recently by Becton Dickinson for $287 million) remains inconsistent, inefficient, costly, and has been associated with needle sticks and repetitive strain injuries to workers, inhibiting market adoption. Corvida Medical has developed a disposable CSTD that substantially improves worker and workplace safety through the elimination of exposure to toxic spills, vapors, and needle sticks. Corvida's patent pending technology consists of six disposable devices designed to create protective barriers over standard vials, syringes, IV bags and IV tubing to protect healthcare providers and patients from toxic drug exposure. These proprietary medical devices offer an enhanced safety profile with consistent elimination of spills, leaks, and needle sticks in addition to improved efficiency and greater ergonomics/ease of use. An innovative design creates compelling competitive advantages and strong value proposition centered on safety, efficiency, and ease of use. Rapid market growth is driven by the increasing rate of cancer diagnosis and chemotherapy treatment in conjunction with the NIOSH public safety alert and other domestic and international safety guidelines and professional industry association standards, and more recently, state -level legislation (e.g.: Washington SB 5594) requiring the use of CSTDs when handling hazardous pharmaceuticals. These market drivers are resulting in an estimated 18% annual growth, which has pushed the market beyond $1 billion per year and is expected to continue to grow thereafter. Current US Total Available Market (TAM) was $392M in 2015 with adoption rapid growth driven by federal agencies (NIOSH, OSHA) and safe handling awareness. The use of CSTDs should grow naturally with cancer incidence at 2.3% CAGR. USP 800 will grow adoption and utilization as institutions meet the July 2018 compliance date for USP 800 standard. The US TAM is expected to be $650M by 2018 assuming a 20% CAGR driven by market adoption and cancer incidence growth. Project Narrative Corvida Medical is developing the Halo® line of closed system drug transfer device (CSTD) products. Corvida Medical's "best -in -class" device is entering the global $1 B+ CSTD market for occupation protection from hazardous drugs. The company has secured over $13.5 million of private equity investment to date in addition to $5 million of federally funded National Cancer Institute Small Business Innovation Research (SBIR) grants for developing the product and associated technology. As Corvida has recently achieved FDA 510(k) clearance enabling US marketing/sales efforts, the business is now shifting to scale up high volume manufacturing, expand the operations and to hire a sales force and clinical support team to drive successful commercialization of the Halo® product line. Management is anticipating a $3M sales plan for 2016 and $10M in 2017 as the company expands market reach with new customer adoption. This translates into about 12-15 hospital customers in 2016 and about 25-30 customers in 2017. Corvida Medical is currently utilizing third party contract manufacturers for the Halo® product line, including Medbio, Inc., located in Grand Rapids, MI for low volume molding and assembly as well as Medikmark, Inc. in Waukegan, IL for packaging of the Halo® product line. However, as Corvida plans US rollout to initial customers and expansion of the business operations and sales force, management is seeking to increase manufacturing capacity by initiating a relationship with a high volume manufacturing partner. Additionally, Corvida currently has 2 employees in Iowa City, Iowa, 2 employees in San Diego, California, 3 employees in the Twin Cities, Minnesota, 1 employee in Chicago, Illinois, and 1 employee in Detroit, Michigan. That said, the board of directors and management intend to centralize the head count wherever high volume manufacturing is ultimately located. Corvida Medical, per above, is currently using contract manufacturers in the Chicago, IL and Grand Rapids, MI areas, per above, and is now exploring potential relationships with high volume contract manufacturers in various regions. This proposed $400,000 MIF project funds are requested to support expansion of Corvida Medical operations and high volume manufacturing to be centrally located in Eagan, Minnesota with high volume manufacturing. The funds will be used to design, develop and implement fully automated injection molding assembly lines at the Eagan facility as well as in-line bladder assembly and on-site packaging in order to support high volume manufacturing and sales of the Corvida Medical products. Pioneer Plastics will design and build the automated production line and Corvida will maintain ownership of the equipment via over $4 mil in capital purchases to Pioneer. The manufacture of the Corvida products will also take place at Pioneer Plastics, which is associated with roughly another $4 million of inventory builds during the two-year project. Corvida expects a 12 -month lead time for design, implementation and validation of the proposed automated assembly process at Pioneer. The upfront capital expenditure is also significant, so a multi -sourced funding approach is needed to realize this expansion project. The expansion of Corvida Medical manufacturing in Eagan will create significant, high -paying, and permanent full- time job opportunities and will stimulate economic growth for the community. With the Eagan facility as the proposed center of Corvida operations, the company will expand its presence with the placement of an executive -level management to be located on site with direct reporting managers, engineers, as well as accounting, clinical, sales and marketing reps. The MIF project will directly create 17 new, high paying jobs and will retain 3 more jobs. In total, 20 Minnesota full-time equivalents (FTE's) will be created/retained as a result of the project. Additionally, Pioneer Plastics is expected to create 30 full time jobs if Corvida Medical relocates this high volume manufacturing product line to Eagan. The MIF funds will be leveraged with significant private investment and federal grants to support high paying jobs and to relocate a high-growth medical device manufacturing business that is exporting products outside the state, and in effect, will be importing outside capital back into Eagan and the surrounding community! RESOLUTION NO. RESOLUTION AUTHORIZING AND APPROVING MINNESOTA INVESTMENT FUND APPLICATION, IN CONNECTION WITH J&J SOLUTIONS, INC. (DBA CORVIDA MEDICAL) BE IT RESOLVED that the City of Eagan act as the legal sponsor for the project contained in the Minnesota Investment Fund Application to be submitted on or about April 8, 2016 and that the Mayor and City Clerk are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of J&J Solutions, Inc. (dba Corvida Medical) BE IT FURTHER RESOLVED that the City of Eagan has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to administer the proposed project. BE IT FURTHER RESOLVED that the City of Eagan has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the State, the City of Eagan may enter into a Grant Contract with the State of Minnesota for the approved project, and that J&J Solutions, Inc. (dba Corvida Medical) certifies that it will comply with all applicable laws, statutes, regulations and rules as stated in the Grant Contract and described in the Project Compliance Certification of the Application. AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eagan has obtained credit reports and credit information on J&J Solutions, Inc. (dba Corvida Medical). Upon review by the City of Eagan and the City of Eagan's Legal Counsel, no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE, BE IT RESOLVED that, after due consideration, the Mayor and City Council of the City of Eagan, Minnesota, hereby express their approval of the Minnesota Investment Fund application or award from the City of Eagan Economic Development Authority to assist with this project. Motion by: Second by: Those in Favor: Those Against: CFRTIFICATInN I, Mike Maguire, Mayor and Christina M. Scipioni, City Clerk, City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan City Council in a regular meeting thereof assembled this 5t" day of April, 2016. Mike Maguire, Mayor Christina M. Scipioni, City Clerk Agenda Information Memo April 5, 2016 Eagan City Council Meeting OLD BUSINESS A. Receive bids and approve resolution awarding the sale of $8,390,000 General Obligation Capital Improvement Bonds, Series 2016A. Actions To Be Considered: ➢ To approve the resolution awarding the sale of $8,390,000 General Obligation Capital Improvement Bonds, Series 2016A; and ➢ To engage Springsted Incorporated to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the bonds. Facts: ➢ At its March 15 regular meeting, the City Council authorized the issuance of the bonds to provide financing for the new Fire Station 1 and the remodel/expansion of the Central Services Maintenance facility, per the 2016-2020 Facilities Capital Improvement Plan adopted in August 2015. ➢ The bonds will be sold by competitive bid. Bids are due April 5 at 10:00 a.m. ➢ Credit ratings were requested from Moody's and Standard & Poor's. Both agencies have affirmed their Triple -A ratings for all of the City's debt; however, final ratings reports were not issued in time for inclusion in the packet. They will be forwarded to the Council when available. ➢ Sale recommendations were previously made available to the Council. ➢ The City's bond counsel, Steve Rosholt of Faegre Baker Daniels, has reviewed all of the related documents for propriety. ➢ Dave McGillivray from Springsted Incorporated will present the results of the sale. Attachments: (1) OBA-1 Resolution Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, Minnesota, was duly held at the City Hall in the City, on Tuesday, April 5, 2016, at 6:30 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the meeting was convened for the purpose of considering proposals for the purchase of $8,390,000 General Obligation Capital Improvement Plan Bonds, Series 2016A. The City Clerk then presented the proposals received prior to 10:00 o'clock A.M. pursuant to the Terms of Proposal for the General Obligation Capital Improvement Plan Bonds, Series 2016A. These were examined and found to be as follows: Member introduced the following written resolution and moved its adoption: RESOLUTION NO. 2016 - RESOLUTION AWARDING SALE OF $8,390,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2016A, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The proposal of (the "Purchaser") to purchase the $8,390,000 General Obligation Capital Improvement Plan Bonds, Series 2016A of the City is hereby found and determined to be the best proposal received pursuant to the Terms of Proposal, and shall be and is hereby accepted, said offer being to purchase Bonds bearing interest according to year of maturity as follows: Maturity (February 1) 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 at a price of $ Interest Maturity Interest Rate (February 1) Rate 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 plus accrued interest. 2. To provide funds to implement a portion of the City's Capital Improvement Plan adopted October 20, 2015, including a new fire station and central maintenance facility expansion and remodeling (the "2016 Improvements"), the City hereby determines that it is necessary and expedient to issue pursuant to Minnesota Statutes, Section 475.521, its negotiable General Obligation Capital Improvement Plan Bonds, Series 2016A (the "Bonds") in the aggregate principal amount of $8,390,000, dated the date of delivery. The Bonds shall bear interest at the rates above set forth, computed on the basis of a 360 -day year of twelve 30 -day months, payable August 1, 2016, and semiannually thereafter on February 1 and August 1 in each year, and shall mature serially on February 1 in the years and amounts as follows: 2 SALE RESOLUTION Year Amount Year Amount 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 2027 2037 The Bonds maturing on February 1, (the "Term Bonds"), are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on the mandatory redemption dates and in the principal amounts as follows: February 1, Term Bonds Mandatory Redemption Date Principal Amount February 1, February 1, *Final Maturity The principal amount of the Term Bonds required to be redeemed on each mandatory redemption date as set forth above, may be reduced through the earlier optional redemption thereof, with any partial optional redemptions of Bonds of such maturities credited against future mandatory redemption requirements for such Bonds in such order as the City Council shall determine. In addition, on or prior to the 60"' day preceding any mandatory redemption date, the Registrar and Paying Agent may, and if directed by the City shall, purchase the Term Bonds in an amount not exceeding the amount of the Bonds of such maturity required to be redeemed on such date and at a price not exceeding the principal amount thereof plus accrued interest. Any Bonds so purchased shall be canceled and the redemption thereof shall be credited against the principal amount of Bonds of such maturity required to be redeemed on the next mandatory redemption date. All Bonds maturing on or after February 1, 2026, are subject to redemption and prior payment in whole or in part in such order as the City may determine and by lot within a maturity at the option of the City on February 1, 2025, and any date thereafter at par and accrued interest. In the event of redemption by lot of Bonds of like maturity, the Bond Registrar shall assign to each Bond of such maturity then outstanding a distinctive number for each $5,000 of the principal amount of such Bonds and shall select by lot in the manner it determines the order of numbers, at $5,000 for each number, for all outstanding Bonds of like maturity. The order of selection of Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected, but only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. SALE RESOLUTION The Bonds shall be numbered R-1 upwards in order of issuance or in such other order as the Registrar may determine and shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the amount maturing in any year. 3. The Bonds, the Registrar's Authentication Certificate and the form of assignment shall be in substantially the following form: No. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN GENERAL OBLIGATION ROAD RECONSTRUCTION BOND, SERIES 2016A Interest Rate Maturity Date of Original Issue CUSIP April 28, 2016 Registered Owner: Cede & Co. Principal Amount: The City of Eagan, Dakota County, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above on the maturity date specified above, upon the presentation and surrender hereof, and to pay to the Registered Owner hereof interest on such Principal Amount at the Interest Rate specified above from April 28, 2016, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on February 1 and August 1 of each year, commencing August 1, 2016, until said principal amount is paid. Principal is payable in lawful money of the United States of America at the office of , in , Minnesota, as Bond Registrar or of its successor as Bond Registrar designated by the City upon 60 days' notice to the registered owners at their registered addresses. Interest shall be paid on each February 1 and August 1 interest payment date by check or draft mailed to the person in whose name this Bond is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at said person's address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the person in whose name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. The Bonds of the series having a stated maturity of February 1, , are subject to mandatory sinking fund redemption as provided in the Resolution described below. The Bonds of this series maturing on or after February 1, 2026, are subject to redemption at the option of the City, in whole or in part in such order as the City may determine and by lot within a maturity, on February 1, 2025, and any date thereafter at par and accrued interest. Thirty days' notice of prior 4 SALE RESOLUTION redemption will be given by mail to the bank where the Bonds are payable and to the registered owners in the manner provided by Chapter 475, Minnesota Statutes. Any defect in mailing notice of redemption shall not affect the validity of the proceedings for redemption. Any Bond called for redemption, and for the payment of which moneys are set aside by the City on the redemption date, shall not bear interest after the redemption date, regardless of any delay in its presentation. During such time as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), the method of payment, notice of redemption and certain other matters are subject to the terms of a Blanket Letter of Representations executed by the City and DTC prior to the date of issuance of the Bonds as such Blanket Letter of Representations may be amended from time to time. This Bond is one of an issue of Bonds in the aggregate principal amount of $8,390,000, all of like date and tenor except as to maturity, interest rate and redemption privilege, issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Chapter 475, Minnesota Statutes, for the purpose of providing funds for projects included in the capital improvement plan identified in the Resolution described below; and this Bond is payable primarily from ad valorem taxes levied as described in the Bond Resolution, but this Bond constitutes a general obligation of the City and to provide moneys for the prompt and full payment of said principal and interest as the same become due the full faith and credit of the City is hereby irrevocably pledged, and the City will levy additional ad valorem taxes on all taxable property in the City, if required for such purpose, without limitation as to rate or amount. This Bond is transferable, as provided by the Resolution of the City Council authorizing the issuance of the Bonds of this series adopted April 5, 2016 (the "Resolution") only upon books of the City kept at the office of the Bond Registrar by the Registered Owner hereof in person or by the Registered Owner's duly authorized attorney, upon surrender of this Bond for transfer at the office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by, the Registered Owner hereof or the Registered Owner's duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Bonds of the series of the same principal amount, maturity and interest rate will be issued to the designated transferee or transferees. The Registered Owner of this Bond may be treated as the absolute owner hereof for all purposes. The Bonds of this series are issuable only as fully registered bonds without coupons in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the Resolution and subject to certain limitations therein set forth, the Bonds of this series are exchangeable for a like aggregate principal amount of Bonds of this series of a different authorized denomination, as requested by the Registered Owner or the owner's duly authorized attorney upon surrender thereof to the Bond Registrar, IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner as required by law and that this 5 SALE RESOLUTION Bond, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, the City of Eagan, Minnesota, by its City Council, has caused this Bond to be executed in its behalf by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk, all as of the Date of Original Issue specified above. (Facsimile Signature) Mayor (Facsimile Signature) City Clerk BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is one of the Bonds described in the within mentioned Resolution and this Bond has been registered as to principal and interest in the name of the Registered Owner identified above on the registration books of the City of Eagan, Minnesota. Dated: Bond Registrar an Authorized Signature SALE RESOLUTION ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Please Insert Social Security Number or Other Identifying Number of Assignee Signature Guaranteed: Signatures must be guaranteed by a national bank or trust company or by a brokerage firm having membership in one of the major stock exchanges. Notice: The signature to this assignment must correspond with the name as it appears on the face of this Bond in every particular, without alteration or any change whatever 4. The Bonds shall be payable upon presentation at the office of , in , Minnesota, as Registrar and Paying Agent, or at the offices of such other successor agents as the City may hereafter designate upon 60 days' mailed notice to the registered owners at their registered addresses. Interest shall be paid by check or draft of the Registrar mailed to the registered owners at their addresses shown on the registration books on each interest payment date unless other arrangements satisfactory to the Bond Registrar the City and the registered owners of Bonds are made. The City shall deposit funds with the Bond Registrar at the time and in the manner necessary to provide for the full and prompt payment of such principal and interest. 5. The Bonds shall be prepared in typewritten or printed form under the direction of the Finance Director and when so prepared shall be executed on behalf of the City by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk. The Bonds shall not be valid for any purpose until authenticated by the Bond Registrar. The Bond Registrar is authorized and directed to register the Bonds initially issued hereunder in such names as the purchaser may direct. The Bonds initially issued hereunder shall be registered as of the date of delivery, and all Bonds issued in exchange therefor shall be registered as of such date, or, if issued after the first payment date, as of the most recent interest payment date on which interest was paid or duly provided for. When the Bonds shall have been so prepared and executed, they shall be delivered by the Finance Director in exchange for the purchase price and upon receipt of the signed legal opinion of Faegre Baker Daniels LLP, as Bond Counsel, and the purchaser shall not be required to see to the proper application of the proceeds. 7 SALE RESOLUTION 6. (a) For purposes of this paragraph 6, the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean Depository Trust Company, New York, New York. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Blank Letter of Representations from the City to DTC, with respect to obligations issued from time to time by the City, substantially in the form on file in the office of City Clerk. (b) The Bonds shall be initially issued as separate authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register of the City kept by the Registrar in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the, registration books of the Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Registrar shall pay all principal of and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with subparagraph (f) hereof. 8 SALE RESOLUTION (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with subparagraph (f) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with subparagraph (f) hereof. (d) Notwithstanding any other provision of this Resolution apparently to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, to DTC as provided in the Representation Letter. (e) The Representation Letter to DTC is hereby confirmed and expressly made applicable to the Bonds. The Representation Letter sets forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this Resolution. (f) In the event that any transfer or exchange of Bonds is permitted under subparagraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of paragraph 7 hereof. 7. As long as any of the Bonds issued hereunder shall remain outstanding, the City shall maintain and keep at the office of the Bond Registrar an office or agency for the payment of the principal of and interest on such Bonds, as in this Resolution provided, and for the registration and transfer of such Bonds, and shall also keep at said office of the Bond Registrar books for such registration and transfer. Upon surrender for transfer of any Bond at the office of the Bond Registrar with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the City shall execute and the Bond Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of the same series, of any authorized denominations and of a like aggregate principal amount, interest rate and maturity. The Bonds, upon surrender thereof at the office of the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity and interest rate of any authorized denominations. In all cases in which the privilege of exchanging Bonds or transferring fully registered Bonds is exercised, the City shall execute and the Bond Registrar shall deliver Bonds in accordance with the provisions of this Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the City or the Bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. 9 SALE RESOLUTION Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the City or the Bond Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the City. The City and the Bond Registrar shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of redemption in the case of a proposed redemption of Bonds or to make any transfer during the fifteen (15) days next preceding any February 1 or August 1 interest payment date. 8. Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond (or one or more Bonds for which such Bond was exchanged) is registered at the close of business on the 15th day of the month preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or duly provided for, on any interest payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder; and such defaulted interest may be paid by the City in any lawful manner, if, after notice given by the City to the Bond Registrar of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the Bond Registrar. Subject to the foregoing provisions of this paragraph, each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 9. As to any Bond, the City and the Bond Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the City nor the Bond Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 10. There is hereby created a special fund, to be known as the Capital Improvement Plan Bonds of 2016A Fund, for purpose of paying principal and interest on the Bonds, and in the event the principal of and interest upon the said Bonds shall become due and payable and there are insufficient moneys in said fund to pay such principal and interest, the Finance Director is authorized and directed to pay said principal and interest from the general fund and thereafter to reimburse said general fund from collections of taxes levied pursuant hereto. The proceeds of the Bonds herein authorized shall be deposited in a separate construction fund to be used solely for the payment of expenses of the 2016 Improvements. Any remaining proceeds may be used for any lawful purpose. 11. There is hereby levied upon all the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected as part of other general ad valorem taxes of the City in the years and amounts as follows:. 10 SALE RESOLUTION Levy Year Collection Year Amount 2016 2017 2017 2018 2018 2019 2019 2020 2020 2021 2021 2022 2022 2023 2023 2024 2024 2025 2025 2026 2026 2027 2027 2028 2028 2029 2029 2030 2030 2031 2031 2032 2032 2033 2033 2034 2034 2035 2035 2036 Said levy shall be irrepealable and the taxes so levied are irrevocably appropriated to the debt service fund, but the City reserves the right to reduce said levy in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. It is hereby found and determined that the foregoing taxes, if collected in full, will produce at least five percent in excess of the amount needed to meet when due the payments of principal and interest on the Bonds; but the Bonds are general obligations of the City to which the full faith, credit and unlimited taxing powers of the City have been and are hereby pledged; and the City Council shall levy general ad valorem taxes on all taxable property in the City, if necessary, to pay the principal of and interest on the Bonds when due. 12. The City Clerk is authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Bonds, certified copies of all proceedings and records relating to the issuance of said General Obligation Capital Improvement Plan Bonds, Series 2016A and to the right, power and authority of the City and its officers to issue the same, and said certified copies and certificates shall be deemed the representations of the City as to all matters stated therein. 13. The Official Statement relating to the Bonds, on file with the Clerk and presented to this meeting, is hereby approved and its designation as a "near final" Official Statement for purposes of Rule 15c2-12 of the Securities and Exchange Commission and the furnishing thereof to prospective purchasers of the Bonds are hereby ratified and confirmed, insofar as the same relates to the Bonds and the sale thereof. The Continuing Disclosure Certificate included in the Official Statement is hereby approved and shall be executed and delivered in connection with the 11 SALE RESOLUTION delivery of the Bonds. The Continuing Disclosure Certificate constitutes a contractual obligation in accordance with its terms. 14. The officers of the City are hereby authorized and directed to prepare and furnish to the Secretary of the Treasury a statement meeting the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"), by the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued. 15. The City shall not take or permit any action that would cause the Bonds to be "private activity bonds" within the meaning of Section 141 of the Code. The City shall comply with the rebate requirements imposed under Section 148(f) of the Code and regulations thereunder, including (if applicable) the requirement to make periodic calculations of the amount subject to rebate thereunder and the requirement to make all required rebates to the United States. The Finance Director of the City is hereby authorized to make on behalf of the City all elections that he may deem necessary and expedient under Section 148 of the Code. In addition, the City shall make no investment of funds that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and regulations thereunder. All terms used in this paragraph 15 shall have the meanings provided in the Code and regulations thereunder. 16. The City Clerk shall furnish a certified copy of this resolution to the County Auditor of Dakota County, and obtain the County Auditor's certificate as required by law. 17. The Bonds are hereby designated "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. 12 SALE RESOLUTION The motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 13 SALE RESOLUTION STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS. CITY OF EAGAN ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Eagan, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held April 5, 2016, with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $8,390,000 General Obligation Capital Improvement Plan Bonds, Series 2016A of said City. WITNESS My hand officially and the seal of the City this day of April 2016. (Seal) US. 105088018.01 City Clerk City of Eagan, Minnesota 14 SALE RESOLUTION Agenda Information Memo April 5, 2016, Eagan City Council Meeting OLD BUSINESS B. Ordinance Amendment— An Ordinance Amendment to City Code Chapter 10 regarding keeping miniature pigs on single family residential properties Actions To Be Considered: Approve an ordinance amendment to City Code Chapter 10 regarding keeping miniature pigs on single family residential properties and direct the City Attorney to publish the ordinance amendment. Approve a resolution establishing a fee for miniature pig permits. Facts: ➢ 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. ➢ At the February 9 Special City Council Meeting, the City Council reviewed miniature pig research and discussed policy considerations associated with allowing miniature pigs on residential properties. ➢ At the February 16 City Council Meeting, the City Council directed preparation of an ordinance amendment to allow keeping miniature pigs on single family residential properties via an administrative permit. ➢ The proposed ordinance amendment would require a miniature pig owner to obtain an administratively issued two-year permit (similar to a dog license). The ordinance amendment includes the following regulations: o Miniature pigs must be spayed or neutered. o Miniature pigs must receive a rabies vaccination. o Miniature pig owners must have a fenced area on their property of at least 250 square feet (approximately 16 feet by 16 feet). o When on an owner's property, miniature pigs must be kept within a fenced area. When off the owner's property, miniature pigs must be kept on a leash with a harness or in a vehicle or cage. o Property owners are limited to keeping no more than three dogs, cats, miniature pigs or combination thereof. o Miniature pig feces must be picked up within 24 hours. o A license tag must be affixed to miniature pigs' harnesses when they are off their owners' property. o Slaughter of miniature pigs is prohibited on residential properties. Attachments: (4) OBB-1 Ordinance Amendment OBB-2 Miniature Pig Permit Fee Resolution OBB-3 Resident Correspondence OBB-4 Background Memo from the 2-9-16 Special City Council Meeting ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTIONS 10.11 AND 10.12 REGARDING MINIATURE PIG REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 10 of the Eagan City Code is hereby amended by revising and adding the following definitions in Section 10. 11, subd. 1 to read as follows: Subd.1. Definitions. At large. With regard to dogs, cats and ferrets, at large means off the premises of the owner and is neither controlled by a leash or voice command of owner of suitable age nor confined in a vehicle or cage. With regard to horses, at large means not picketed, confined in a corral or otherwise restricted by a properly constructed and maintained fence. With regard to miniature pigs, at large means either (1) off the premises of the owner and neither controlled by a leash nor confined in a vehicle or cage-, or 2) on the premises of the owner but not restricted within a properly constructed and maintained fence. Miniature Pik means domesticated swine that at maturity weighs less than 200 pounds, Owner means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog, cat, ferret, or --horse, or miniature pig. Section 2. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10. 11, subd. 2 to read as follows: Subd. 2. Running at large prohibited. It is unlawful for the owner of any dog, cat, ferret, er--horse or miniature pig to permit such animal to run at large. The police officer or animal control officer may seize, impound or restrain any dog, cat, ferret, or -horse, or miniature pig found running at large. Subdivisions 4 and 5 shall apply to any dog, cat, ferret, Of horse, or miniature pig impounded under this subdivision. This subdivision shall not apply to a dog running at large within the confines of an off -leash dog area, provided that the owner of the dog, as defined herein, is present within the confines of the off -leash dog area and within close enough proximity to the dog to be able to physically restrain the dog when necessary or if so directed by a police officer or animal control officer. Section 3. Chapter 10 of the Eagan City Code is hereby amended by adding Section 10. 11, subd. 3(a) to read as follows: Subd. 3(a). Miniature pig license required. A. It is unlawful for the owner of any miniature pig, two months of age or more, to keep said miniature pig within the city without first obtaining a license therefor from the city. Within ten days of the date the owner acquired the miniature pig or the owner of the miniature pig moved into and made residence within the city, the owner of the miniature pig shall obtain the miniature Fig license. B. Application. Application for a miniature pia license shall be upon a form sup lip ed by the city. The application shall be fully completed by providing all information requested. By submitting an application, whether by Paper or electronic format, the miniature pig owner shall be deemed to have certified that all information provided is true and correct and to have granted authorization for release of information by the miniature pig's veterinarian to verify the status of the miniature pig's rabies inoculation and spay/neuter. It shall be unlawful for any person to provide false information on the license application. A license based on false information shall be deemed null and void. C. Period and fees. All miniature pig licenses shall expire on February 20 of each even - numbered year. All fees for the licensing of miniature pigs, including penalties for late application, shall be fixed and determined by a duly adopted resolution of the city council. D. Tag required. Upon payment of the license fee, the city clerk -treasurer shall deliver one appropriate tag to the owner of the said licensed miniature pig. It is unlawful for the owner of any miniature pig to fail to have the to firmly rrmly affixed to a harness, which shall be kept on the miniature pig for which the license is issued whenever the miniature pig is outside its fenced enclosure. A duplicate for a lost tag may be issued by the city upon presentation of the receipt showing the payment of the license fee for the current year. Tags shall be nontransferable, and no refund shall be made on any license fee because of leavingthe he city or death of the miniature pig before the expiration of the license. E. Impoundment. The police officers or duly appointed animal control officer may seize, impound or restrain any unlicensed miniature pi or r any miniature pifound ound in the city without the license tag. The fact that a miniature pig is without a tag attached to a harness shall be presumptive evidence that the miniature pig is unlicensed. To enforce this section, said officers are empowered and instructed to enter upon any_public or private property on which they have reasonable cause to believe there is a miniature pig that is not licensed or tagged as required under this subdivision. F. Conditions ofLicense. No person may keep or harbor a miniature pig within the city and no license will be issued or renewed unless the following requirements are met: (1) The miniature pig shall be spayed or neutered and the license application shall include verification from a veterinarian duly licensed to practice veterinary medicine by the State of Minnesota or other state within the United States; (2) The property at which the miniature pig will be kept, maintained and harbored is a parcel or lot zoned for single-family detached dwelling; miniature pig may not be kept, maintained or harbored within any other zoning district except Agriculture; (3) The property has and will maintain a fence no less than 4 feet in height, with the enclosed area of no less than 250 square feet, and in accordance all zoning regulations for fences set forth elsewhere in this Code and the fence shall be of a type that will fully enclose and keep the miniature pig within the owner's property; and (4) Slaughtering of a miniature pi on n any property zoned for residential use is prohibited. A license may be revoked upon a finding that any of the above conditions are not met by the owner of the miniature pig. Section 4. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10. 11, subd. 4, 5, and 6 to read as follows: Subd. 4. Disposition of impounded dogs, cats, ferrets, affil horses and miniature pigs. A. Notice of impounding. The officer who seized, impounded or restrained any dog, cat, ferret, or --horse or miniature pig pursuant to subdivisions 2 and 3 of this section shall, without delay, notify the owner, personally or through the United States mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if the owner be unknown or cannot be ascertained, then the officer shall make available to the police department, City Hall and impounding kennel for public inspection the following information: (1) A description of the dog, cat, ferret, er horse, or miniature pig as applicable; (2) Location of impoundment; and (3) The condition for its release. B. Redemption. All dogs, cats, ferrets, and horses and miniature pigs (hereinafter "the animal") seized, impounded or restrained pursuant to this section must be held by the pound master for redemption by the owner for at least five regular business days of the pound, except in the case of horses, ten regular business days. For the purpose of this section, "regular business day" means a day during which the pound is open to the public not less than four consecutive hours between the hours of 8:00 a.m. and 7:00 p.m. If, after the expiration of the required holding period set forth above the owner does not claim the animal, then any right of redemption shall be deemed to have been waived, and the animal shall be disposed of as provided in subparagraph C. of this subdivision. Any impounded animal shall be released to its owner upon payment of fees in connection with the impoundment, and in the case of a dog, cat, or ferret harbored or kept within the city, the owner shall, in addition to paying any fees for impoundment, obtain a license, if required and provide proof of rabies immunization of the animal within 48 hours of release, excluding Saturdays, Sundays and legal holidays. C. Disposition of unclaimed dogs, cats, ferrets, en horses or miniature pias. Any dog, cat, ferret, or -horse, or miniature pig which is not claimed within the required holding period, as defined in subparagraph B of this subdivision, must be made available to any licensed institution which has requested the animal as required by Minn. Stat. § 35.71. If a tag affixed to the animal or a statement by the animal's owner after the animal's seizure specifies that the animal may not be used for research, the animal must not be made available to any such institution and may, in the discretion of the pound, be sold for not less than the amount of the required licensing fee, if applicable, to anyone desiring to purchase the animal, or be destroyed in a proper and humane manner after the expiration of the five-day period. Subd. 5. Animal pound records. Upon the impoundment of any dog, cat, ferret, Of horse, or miniature pig pursuant to this section, an accurate record of the time of such impoundment shall be kept on each animal. Impoundment records shall be preserved for a minimum of six months and shall show (1) the description of the animal by species, breed, sex, approximate age, and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of seizure; (4) the name and address of the person from whom any animal was received; and (5) the name and address of the person to whom any animal three months of age or over was transferred. Subd. 6. Public nuisance. It is unlawful for the owner of any dog,, or -cat, or miniature pig to: A. Unlawful acts. It is unlawful for the owner of any dog, or cat or miniature pig to: 1. Permit such animal to habitually bark, cry, whimper, howl, whine, or emit any other loud or unusual noises; 2. Permit such animal to damage or defecate in or upon public property or the property of another; 3. Permit dog, or cat, or miniature pig feces to accumulate on the owner's premises for more than 24 hours; 4. Interfere with any police officer or other city employee in the performance of his duty to enforce this section; 5. Keep or own four or more dogs., or cats, or miniature pig or combination thereof over four months of age on a property without a kennel permit. B. Impoundment. The animal control officer or police officer may seize, impound or restrain any dog, or cat, or miniature pig which has been permitted to habitually bark, cry, whimper, howl, whine or emit any other loud or unusual noise for a period of two or more hours whenever the owner of such animal cannot be immediately located or has failed, upon order by the animal control officer or a police officer, to prevent such animal from habitually making such noises. Subdivisions 4 and 5 of this section shall apply to any dog, or cat or miniature pig impounded under this subdivision. Section 5. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10. 11, subd. 9 and 10 to read as follows: Subd. 9. Immobilization of dogs, cats, ferrets, or --horses, or miniature pigs. For the purpose of enforcement of this section, any peace officer, animal control officer, or other person assisting a police officer or animal control officer may use a so-called "tranquilizer gun" or other instrument for the purpose of immobilizing or seizing, impounding, or restraining any animal reasonably believed to be in violation of this section. Subd. 10. Rabies control. A. Inoculation. Any owner of a dog, cat,, or -ferret, or miniature pig four or more months of age must have such dog, cat, or --ferret, or miniature pig inoculated against rabies in accordance with this subdivision and possess a certificate of a veterinarian duly licensed to practice veterinary medicine in the State of Minnesota, which certificate shall state the date on which the animal was inoculated against rabies and the date on which the inoculation expires, thereby establishing that the dog, cat, or- -ferret, or miniature pig has a current inoculation against rabies. B. Animal bites. 1. Persons bitten. (a) Whenever any dog, cat, or -ferret, or miniature pig has bitten a person, the owner, having been so notified, either orally or in writing, must: (1) provide a certificate of current rabies inoculation; and (2) immediately quarantine the dog, cat, or --ferret, or miniature pig at the owner's home or other suitable place of confinement as directed by the responsible officer of the city for a period of ten days after the occurrence. In the event that a certificate of current rabies inoculation is not provided, the dog, cat, er- fen et, or miniature pig may not be released from quarantine restrictions until the owner provides a certificate of a veterinarian duly licensed to practice veterinary medicine within the State of Minnesota, which certificate shall state that the animal was examined by the veterinarian and determined to not have rabies and has been inoculated against rabies providing the date thereof as of the indicated date on the certificate. (b) During the quarantine, the dog, cat, or -ferret, or miniature pig shall be securely confined in a proper enclosure as defined in this chapter. (c) If the dog, cat, or --ferret, or miniature pig dies or shows signs of illness or if it escapes, the animal control officer or police department must be notified immediately. (d) Any animal, other than a dog, cat, er-ferret, or miniature pig, which has bitten a person may be destroyed and taken to the university diagnostic lab to be determined if the animal has been infected with rabies. 2. Dog, cat, er-jerret, or miniature pig bitten. (a) Whenever any dog, cat, -er-ferret, or miniature pig has bitten another dog, cat, or -ferret, or miniature pig or has been bitten or otherwise exposed to a non-domestic animal (such as a raccoon, wood chuck, opossum), the owner of the dog, cat, or -ferret, or miniature pig that bit or has been bitten having been so notified, either orally [or] in writing, must provide the care or destruction of the dog, cat,, or --ferret, or miniature pig as required by the rules and regulations of the Minnesota Board of Animal Health. Impoundment. A police officer or animal control officer may seize and impound or direct the location of the quarantine of any dog, cat= o�fer7et, or miniature pig if (1) there is probable cause that the owner has not or will not maintain the quarantine of the subject animal as required herein, or the dog, cat,, of -ferret, or miniature pig may be rabid; (2) the owner notified the city that the subject animal has signs of illness; (3) the owner has violated or has had prior violations of this chapter; or (4) the dog has been declared a dangerous dog. The animal seized shall be subject to the necessary tests by a doctor of veterinary medicine. The confinement, testing, and treatment costs, in addition to all other expenses incurred, shall be at the sole expense of the owner of the animal. Section 6. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10. 12, subd. 1 to read as follows: Subd. 1. Definitions. As used in this section, the following definitions shall apply: A. Farm animals means cattle, horses, mules, sheep, goats, swine, (except miniature pig for which a valid license pursuant to Chapter 10 herein is issued), ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees. B. Animals include farm animals and all other animals, reptiles, and feathered birds or fowl, except dogs, cats, ferrets, gerbils, hamsters, rabbits, and caged household birds. Section 7. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10. 12, subd. 2(a) to read as follows: Subd. 2(a). Kennels. It is unlawful for any person to keep or harbor a total of four or more dogs, cats, ferrets, or -rabbits, or miniature pigs or a combination thereof, over six months of age, without first obtaining a kennel license from the city as regulated in Chapter 6 of this Code. Section 8. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 9. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 10. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: The following is the official sunmary of Ordinance No. _ as approved by the City Council of the City of Eagan on .2016. ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTIONS 10.11 AND 10.12 REGARDING MINIATURE PIG REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. Eagan City Code Chapter 10 has been amended to permit miniature pigs within single family detached dwelling zoning district. The Chapter has been further amended to require a license for and the regulation of miniature pigs. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. RESOLUTION NO. CITY OF EAGAN APPROVING AMENDMENT TO THE 2016 FEE SCHEDULE WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees listed below shall be effective immediately: • Miniature Pig Permit: $20.00 Motion by: Seconded by: Those in favor: Those against: Date: April 5, 2016 Certification Attest: CITY OF EAGAN CITY COUNCIL Its Mayor Its Clerk I, Christina M. Scipioni, City 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 5t' day of April, 2016. Christina M. Scipioni, City Clerk From: Mike Wisnlewski [mai'lto:wisnini0l@comcast.net] Sent: Friday, December 25, 2015 7:21 PM To: Christina Scipioni Subject: RE: Listening session This is what 1 would like to submit as my material for the pot-bellied pig exemption: What are some of the pros and cons about having a pet pig? Potbellied pigs make good companions, but only for the right caregiver. On the plus side, pigs are smart, clean, generally non -allergenic, odor -free, flea -free, charming and inexpensive to feed. Pigs are social, bonding easily with humans, They'll readily roil over for a tummy rub, as well as snuggle with you. They don't bark, prowl the streets or spread rabies. Compared with dog droppings, mild smelling "pig berries" are a breeze to clean up. While pigs are highly trainable and can learn at a faster rate than dogs, pig behavior is vastly different from dog behavior. As eager as a dog can be to please his master, a pig's respect, trust and cooperation must be earned, If the pig had it his way, you would be pleasing him. In nature, pigs are regarded as prey, and are therefore naturally suspicious, cautious creatures. They have to be coaxed and rewarded.. You cannot force a pig to do anything he doesn't want to do; it has to be his idea. Don't expect your pig to eagerly greet you at the door and fetch your slippers. Having a pet pig is kind of like having a perpetual two-year old child. For the purposes of this code, the words "pot-bellied pig" shall mean a domesticated miniature Vietnamese, Chinese or Asian pot-bellied or pot -belly prig not exceeding one hundred twenty-five pounds in weight and eighteen inches in height measured at the shoulder. , a. The animals are regularly housed indoors, and when outdoors, are restrained by leash or within a durable fenced enclosure area, and b. Pot-bellied pigs over the age of four (4) months shall be neutered or spayed. c. The owner has obtained a license issued by the City of Eagan for the pot-bellied pig, which shall be issued only after proof of neutering or spaying had been provided. The licensure fee shall be equivalent to the dog licensure fee; and d. Tusks shall be regularly trimmed so as not to exceed one inch in length outside the outer lip. PATRICK . ORINDE 05529 VViTy Eagan, IVIN 65123 Email: Ph : '2 Mayor Ono Ccoancaff merribers Eagan Munidpal Center 3830 Pflat Knob Road Eagan, MN 55122 V' BJE : Oroinanbe Proposai to Ailowftayard Minwrure Pigs Derr Mayor aW Counca Members: I recantty read in tri localfree spar that a cittZen had made a request rams pso in the r rt IEaaan, Had i rW,,, saW and read that adwie t would w Cif fta prosay fead the memorandim"ky Glwisbna fAl. Scipiont to Dinnet Miller oil 5 Febmary 2016 entitied -Rami orlrr rtr.r l - Frankly I'm trl t this for several reres Eagan tsecity rrr a fneYo%Aftan'-.. those t pwvhased €:east 'home, to%,tiltvaie or candoriunturn and i rho nw beiteve fty ever- emsioned that they right have a neiqfYbor or rr vhas a 'pr,` a rnWfiature piq in Their backyard, Worlt they be in for a surprisetearer that the City charged the ordinance to allow t ham naghbors. an ona We who are -j, h and an the wther legeust-im. YOu knmv that both off these religious groups believe that pigs ere 'unclean' h 1: riot r plea ki Other Olits€ha iEg?tapproved _ nfinlature pigs requirement i haveb #z33 £Lf of I "" `c €5: land rz r urr rn ret tn"Ould friftioate some the isstlas of or, noise, end religious bef - . r been to teat astaia for er aero t awn "I m rely experience building, ow � re"fing arra selling properties r, a t t ri �rr�tque lent rr �=r�lf u� � � r r ��'i by those to nearby Proximityto suffers dart€rye in the al f their property, is that what you would wart for the citizens of Eagan? that detail whatt she oiwqiers may or ray not, aq, wfth the tared "bat thalf home t t iiml r condominium are erected on. Sadly most peopledo ot. xnow Wast a lard covenant . or if they have covenants that restrict the f it real proper. ru . q SW � � � § Christina Scipioni From: Cheryl Stevenson on behalf of City Council Sent* Monday, February 29, 2016 8:49 AM To: Cyndee Fields; Gary Hansen; Meg Tilley; Mike Maguire; Paul Bakken Cc: Dave ©sberg; Christina Scipioni Subject: FW: City of Eagan: Pigs in Eagan, MN. -----Original Message ----- From: Rick Goetz [ma iIto: rickgoetz «« comcast.net] Sent: Monday, February 29, 2016 1:11 AM To: City Council Subject: Re: City of Eagan: Pigs in Eagan, MN. More food for though on the pig in the city thoughts. Did anyone bother to actually do any research other than me? https://www.thedodo.com/whats-misleading-about-the-tea-843842300.html https://www. ncsu,edu/project/swine_extension/healthyhogs/bookl999/morrow.litm http://www.cdc.gov/flu/swineflu/people-raise-pigs-flu.htm https://www.newscieratist;com/a rticle/dn7773-pig-disease-may-be-spreading-between-humans/ http://www.ki ngcounty.gov/hea lthservices/health/ehs/zoonotics/pigs.aspx http://www.petpigeducatioii.com/major-pig-diseases.html littp://www.ncbi.nim.nih,gov/pmc/articles/PMC2937722/ https:Hveterina ryresea rch. biomedcentra l.com/articles/10.1186/1297-9716-44-41 http://www.minipiginfo.com/zoonotic-diseases.html http://www.ehow.com/iiifo_8561371_diseases-do-potbellied-pigs-carry.htm I http://www.gspca.org,gg/blog/`micro'-or-'mini'-pigs--their-suitability-pets http://bestfriends.org/stories-blog-videos/latest-news/truth-about-teacup-pigs http://animals.mom.me/health-problems-teacup-potbellied-pigs-4730.html http:Hmoderiifarnier.com/2014/03/never-buy-teacup-pig/ http://www.scampp.com/TeacupPigs.htmi http://www.southernfriedscience.com/the-trouble-with-teacup-pigs/ https:Hfarm-animals.knoji.com/the-truth-about-teacup-pigs/ http://mom.me/pets/small-pets/19892"micro-pigs-big-cost-and-other-potential�,problems/ http,Hblogs.telegraph,co.ui</news/peterwedderburn/100016254/micro-pigs-are-maxi-disaster/ http://www.merckvetmanual.com/pethealth/exotic_pets/potbellied_pigs/disorders-and—diseases-of potbellied_pigs,h tml Does the city really want unlimited exposure from lawsuits from bringing diseases riot currently in our city but surely to happen with the introduction of Farm Animals into the city. A pig needs a 16X16 area for running around in minimum. They can and will dig under a fence 1OX times faster than any dog. The make 8-10 large piles of feces a day, who's gonna pick that Lip -diseases galore. They root and that can't be trained out of them, the destroy a yard in no time. They smell and smell bad, not like a dog or cat. Carry a host of diseases that can transmit to humans and other animals. This is why they are considered FARM ANIMALS and not house pets by anyone with common sense. I will be at the city council meeting to voice my opinion and will be passing this around our great city to 1000's of residents prior to the meeting. Concerned Citizen! Sent from my iPad > On Feb 28, 2016, at 11:06 PM, Rick Goetz <rickgoetz cx comcast.net> wrote: > I see from the Agenda at the 2/16 City Council meeting that 1 will need to attend the up coming city council meeting where you intend to allow pigs in eagan. Someone needs to go out to a farm and really check things out, maybe a field trip is in order. l can arrange this if you would be interested. Pigs in the city aren't going to help home values or neighbor hoods. Let's get a grip her, what about alpaca's, llamas, I would like to propose if your planning a petting zoo in our great city that we look at all the options. > Please forward this to the city council: > http://news.nationalgeograp[iic.corn/news/2014/09/140930-animals-culture-science-miniature-pigs-breeders- sanctuaries/ > Regards, > Rick Goetz > Sent from my iPad >> On Feb 16, 2016, at 9:17 AM, City Council <CityCouncil@cityofeagan,com> wrote: >> Thank you for your email. it has been forwarded to the Council. The action to be considered tonight is to direct preparation of an ordinance amendment. Formal consideration of the ordinance amendment will appear on a future City Council agenda. >> -----Original Message---- >> From: City of Eagan'[mailto:webmaster@cityofeagan.comI Sent: Friday, February 12, 2016 5:57 PM >> To: City Council Subject: City of Eagan: Pigs in Eagan, MN. >> This is an enquiry email via http://www.cityofeagan.com/ from: Richard <Ricicgoetz@comcast.net> >> Bello Ms. Fields, >> I wanted to voice my opinion regarding allowing ANY type of Pigs on Residentail Property in Eagan, MN. We are not a farm community. i objected to the Chickens on Residentail Property and raised many concerns to the issue. if I wanted to live in a farming community and smell Pigs and Chickens feces I would have purchased a house in Farmington or another agriculture community. It's completely ridicoulas for residents to want Pigs and Chickens in our community. Pigs and their feces are extremely smelly and I am not interested in smelling waste from pigs and pig pens. Who's going to clean up the Feces, where is it going to be disposed of, who will enforce the ordinance on picking up Pig Feces when people aren't even forced to pick up their dog poop, who will compensate the neighbors when they want to sell their homes and property values have declined because anyone .in their right minds would not want to live next to a Pig Pen. [give down to southwestern MN in the heat of the summer if your not aware of what I'm talking about with regard to the obnoxious odors caused by even 1 Pig Pen. This is going to lead to an over all decline in property values for any homes near or around Pig Pens and odors caused by such. It gives grounds to sue the city for any declines in a property's value. What if my kids or 1 have an allergy to the noxious odors caused by the Pig Pens. This opens the city up to unlimited lawsuits from many angles. If people want to have pigs they should move to a farm, not attempt to turn our great community into a Pig Pen of stench! 1 will attend the 2/16/16 meeting to voice my opinion if necessary. >> Best Regards, }> Rick z City of Eapma To: Dianne Miller, Assistant City Administrator From: Christina M. Scipioni, City Clerk/Administrative Services Coordinator Date: February 5, 2016 Subject: Research on Backyard Miniature Pigs Per the direction of the City Council at the January 5, 2016 City Council Listening Session, research was conducted into the policy considerations of allowing backyard potbelly pigs. In addition, a survey of 19 cities found that 8 allow miniature pigs on residentially zoned properties. Attached is a spreadsheet with details of each city's regulations. A question was raised at the Listening Session if City Code could be amended to allow "domestic" animals within the City. The City Attorney has opined: "Domestic is an adjective, which when used to describe an animal is often defined as follows: tamed and kept by humans as a work animal, food source or pet. Many animals fit this category, including some that could be considered a nuisance, e.g. goat. Since an ordinance is to be construed in favor of the property owner and against the City, an argument based on solely the term "domestic" could expand the type of animals that would be required to be permitted in the City, including those that are known to be a nuisance. It is our opinion that the ordinance should be clear as to what animal is allowed, so as to remove any doubt as to interpretation." Potbelly Pig Background Information (See sources footnoted below) The tern "potbelly pig" can refer to the Vietnamese Potbelly Pig breed or to a broader category of miniature pig breeds. Miniature pig breeds typically weigh between 80 and 160 pounds and stand up to 20 inches (measured from the ground to the shoulder). Pigs of smaller sizes (sometimes called "micro mini" or "teacup") are usually the result of poor breeding practices, underfeeding, or are represented to be adults but are still growing. In the United States, it can be difficult to determine a miniature pig's exact breed, as there has been a history of crossbreeding miniature pig breeds. Pigs are intelligent and social animals. Some pig experts strongly discourage owning only one pig, as it can become bored and lonely. Because of their intelligence, pigs are notorious for escaping fiom their enclosures if they become bored or hungry. Urban pigs may be kept for pets or as a food source. Pigs kept as pets live between 12 and 15 years. Pigs raised as a food source are typically on the property three to four months. Pigs can be litterbox trained and may live inside a home, but should have outdoor access for exercise and stimulation. Pigs can also be kept outside in shelters, called arks. Proper fencing for pigs is important, as they are inquisitive animals. Pigs are generally clean animals. In warmer weather, they must be supplied with a way to cool themselves, as they do not sweat. Pigs on a farm use mud wallows to cool. Urban pigs typically keep cool in small plastic swimming pools. Applying Dog Regulations to Miniature Pigs As the City of Zimmerman does, the City could modify its dog licensing regulations to allow for the licensure of miniature pigs in a similar fashion (an administrative, two-year license without an inspection requirement). If miniature pigs were incorporated into the regulations for the harboring of dogs, the following regulations already exist in Code and could be applied to miniature pigs: • Limit to no more than three per property (in combination with dogs, cats, ferret and rabbits) • Housing must not be infested by rodents, vermin, flies or insects and must provide adequate protection from the elements • Running at -large prohibited • Require proof of rabies vaccination with licensure • Unlawful for an owner to: o Permit habitual barking, crying, whimpering or other loud noises o Permit animal to damage or defecate in or upon public property or the property of another o Permit feces to accumulate on the owner's premises for more than 24 hours If a pig's owner chooses to build a shelter for their pigs, they would be required to obtain a zoning permit or building permit, based on the size of the structure. The structure would be subject to the same setback requirements as other accessory structures on residential properties. Additional Policy Considerations for Miniature Pigs While miniature pigs and dogs can be kept in similar manners, there are differences between the two species that could require additional regulations for miniature pigs. The Council may want to consider the following additional regulations for keeping miniature pigs: 1. Should the City require spaying/neutering of miniature pigs? Unneutered male pigs are aggressive and give off a strong odor. Intact female pigs go into estrus every 21 days, during which time they also become more aggressive and moody. The American Mini Pig Association and the Pig Placement Network (a rescue organization) both recommend neutering/spaying pigs kept for noncommercial purposes. 2. Should the City prohibit slaughter on residential properties? Some residents may choose to raise miniature pigs as a source of fresh pork. Similar to the prohibition against slaughtering chickens on-site, the Council may want to prohibit the slaughter of pigs on residential properties. 3. Should the City require a fenced area for miniature pigs? Experts agree that pigs are inquisitive creatures with a tendency to roam. Fencing is the preferred method for securing pigs. It is not recommended to tether miniature pigs in a yard unattended. Electric fencing does not appear to be an option for miniature pigs. If left outside without a fenced yard, a miniature pig is likely to roam onto a neighboring property. The City's animal control officer is not currently trained in or equipped for capturing at -large miniature pigs. Additionally, the City's existing pound facility does not accept pigs. Staff has been unable to locate an impound facility for miniature pigs. 4. Should the City limit miniature pig licenses to single-family residential properties? Miniature pigs need outdoor space, which may not be available within multifamily homes. Additionally, miniature pigs living within multifamily housing complexes will be in closer proximity to neighbors, potentially becoming a nuisance. Beekeeping and chickens are limited to single family residential properties for these reasons. Sources American Mini Pig Association Retrieved 01 15, 2016: http://americanminipigassociation.com/ Curnutte, M. (2014, October 1). The Big Problem With Mini -Pigs . National Geographic. Is a Pig Right for You? (n. d.). Retrieved 01 15, 2016, from Pig Placement Network: http://www.pigplaceinentnetwork. org/adopt/is-a-pig-right-for-you/ Klober, K. (2009). Storey's Guide to Raising Pigs. North Adams: Storey Publishing. Lewis, C. (2011). The Illustrated Guide to Pigs. New York: Skyhorse Publishing. McDonald -Brown, L. (2009). Choosing and Keeping Pigs. Buffalo: Firefly Books. Agenda Information Memo April 5, 2016 Eagan City Council Meeting H 731J►1101W C. Planned Development Amendment — Metro Transit/Metropolitan Council Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow an expansion of the Cedar Grove Transit Station and related site improvements for property located at 4035 Nicols Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Planned Development Amendment —At least three votes Facts: ➢ Since the item was first before the City Council and continued, City staff met with MVTA and Metropolitan Council Transportation Department staff on site to discuss the history of the landscaping and solutions for the future. Discussions with the agencies have continued resulting in the proposed resolution outlined below. ➢ The property has been zoned PD, Planned Development, since 2009. ➢ The property is part of the Cedar Grove redevelopment area. ➢ The transit station began operations in 2010. ➢ The applicant is proposing a Planned Development Amendment to construct a 1,697 sq. ft. addition to the south side of the existing station, as well as a skyway connection to a new online transit station in the median of TH 77. The skyway and new median station are under the purview of MnDOT. ➢ The site modifications include a looped bus turnaround and relocated driveway onto Nicols Road to align with Cedar Grove Parkway. ➢ The submitted plans lack detail typically submitted for review; however, these items can be handled through the conditions of approval. ➢ The Advisory Planning Commission held a public hearing on the proposed request at the January 26, 2016 meeting and recommended approval on a 7-0 vote. Issues: ➢ The original development approved a deviation to City Code allowing the site to be non -irrigated. The use of native prairie mixture and drought/salt tolerant plants were utilized. ➢ City staff has been working with the MVTA regarding health and maintenance issues since the landscaping installation occurred. The MVTA has stated they do not have the budget for on-going maintenance. City staff has suggested other options, such as hardscape; however, the APC stated a preference for standard landscaping, if it would survive and be maintained. ➢ The acceptability of the landscaping issue is a policy matter for City officials. ➢ The Metropolitan Council will ensure any trees disturbed or displaced during the construction project are replaced. They will also plant the remainder of the trees from the original development that were not planted. They have agreed to work with MVTA staff to develop a facilities maintenance plan that can be monitored moving forward. 60 -Day Agency Action Deadline: ➢ April 14, 2016 Attachments: (5) OBC -1 Location Map OBC -2 January 26, 2016 APC Minutes OBC -3 Planning Report OBC -4 Report Exhibits OBC -5 Metropolitan Council e-mail y o m U- 1 ®® U {V y y C 7 0 �Z U- .0 o U {V y y C 7 a a m IL U J O�®® ® o oLr) 7® 0 Advisory Planning Commission January 26, 2016 Page 4 of 6 B. Applicant Name: Claudius Toussaint, Metro Transit / Metropolitan Council Location: 4035 Nicols Rd Application: Planned Development Amendment A Planned, Development Amendment to expand the transit station. File Number: 19 -PA -10-12-15 Chair Filipi recused himself from the discussion as he is employed by the Metropolitan Council. Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 21, 2016. Vice Chair Vanderpoel opened the public hearing. There being no public comment, Vice Chair Vanderpoel closed the public hearing and turned the discussion back to the Commission. Claudius Toussaint, Metro Transit, referenced condition #3 and explained that the quarry that produced the original Kasota Stone has closed but that they are proposing an architectural precast panel that will match the original exterior. He also stated that all light poles and fixtures would be re -used on the site. Member Vanderpoel asked if staff was concerned about the architectural precast panels being used. City Planner Ridley stated he was not provided the panels match the existing exterior materials in color and texture. Member Piper asked about the hardscape landscape option. Staff responded that the hardscape landscape option has yet to be designed but offered that option in response to the on-going difficulties of maintenance and survival of the green-scape experienced since the transit site opened in 2010. Members Piper and Sagstetter stated they would prefer green-scape over hardscape if the landscaping would survive and be properly maintained. Member Piper moved, Member Dierkes seconded a motion to recommend approval of a Planned Development Amendment to allow an expansion of the transit station and related site improvements, subject to the following modified conditions: The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. A standard Site Plan shall be submitted for use as an exhibit to the Planned Development Amendment Agreement. Advisory Planning Commission January 26, 2016 Page 5 of 6 3. The applicant shall provide elevation and building material plans for the trash enclosure and the building shall be constructed of the same materials and match the principal building. 4. A. A revised Landscape Plan shall identify the minimum planting size per City Code requirements. QR B. Ar hardseape LandSGape PlaR shall -be submitted for approval by Cit staff. 5. The Landscaping shall be maintained per City Code requirements. 6. The non -conforming Metro Transit cabinet signs shall be removed once the online median station is constructed. 7. All building signage shall be individually mounted letters; no can or cabinet signs shall be allowed. 8. If anything other than the existing MVTA signage is proposed, a revised sign plan shall be submitted and subject to City Sign Code requirements. 9. The Lighting Plan shall be revised to verify City Code requirements for light levels and met and pole height matches existing on site. 10. Mechanical equipment shall be screened per City Code requirements. 11. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 12. The applicant shall be responsible to restore any damage to the street, curb and gutter, sidewalk, boulevard, and street in a manner acceptable to the City Engineer. 13. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a Building Permit. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 21, 2016 APPLICANT: Metro Transit/ Metropolitan Council PROPERTY OWNER: MnDOT/MVTA REQUEST: Planned Development Amendment LOCATION: 4035 Nicols Road COMPREHENSIVE PLAN: Public/Quasi-Public ZONING: Planned Development SUMMARY OF REQUEST CASE: 19 -PA -10-12-15 HEARING DATE: January 26, 2016 APPLICATION DATE: Dec. 16, 2015 PREPARED BY: Sarah Thomas The applicants are requesting approval of a Planned Development Amendment to allow an expansion of the transit station and related site improvements for the parcel located at 4035 Nicols Road. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.5 0, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The subject site is part of the Cedar Grove Park and Ride Planned Development, which was approved in 2009; however, the Planned Development Agreement was never recorded. The Preliminary Planned Development allowed for a park and ride transit facility to be constructed upon — 9 acres located west of the Cedar Grove redevelopment area and east of Cedar Avenue/Hwy 77. Planning Report — Cedar Grove Transit Station January 26, 2016 Pap -e 2 The property was platted in 2010. EXISTING CONDITIONS This property consists of an 8.7 acre parcel located between Cedar Avenue and Nicols Road. A 768 sq. ft. bus shelter is located between a bus turnaround and the pick-up/drop off parking. Site grading and construction of the existing parking lot and building were performed with the original development of the site. The site is very lightly landscaped and the building is connected to City sewer and water services. A portion of the existing building, parking lot and entrance will be removed and rebuilt to accommodate the proposed improvements. The southern half of the site has a berm that runs along the center of the property that generally splits the drainage to the east and the west. The northern half of the site generally slopes to the northeast. Elevations range from 880 to 800. The Planned Development allowed for the site not to be irrigated, which is a deviation from City Code. The applicant had stated the site would be landscaped with a native prairie mixture and drought and salt tolerate species; however, city staff continues to work with MVTA staff regarding maintenance of the landscaping. This concern persists and will be discussed later in this report. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Hwy 13 Right-of-way Right-of-way East Vacant/MF housing PD, Planned Development RC, Retail Commercial South Multi -tenant commercial GB, General Business RC, Retail Commercial West Hwy 77/Cedar Avenue Right-of-way Right-of-way EVALUATION OF REQUEST Proposal — According to the applicant's narrative, "The Cedar Grove Transit Stations improvement project includes the construction of a new online transit station in the median of TH 77 as well as modification to the existing station on Nicols Road. Construction will begin in 2016 and extend into early 2017." The City of Eagan does not have regulatory authority regarding the new transit station in the median of TH 77; however, the Planned Development will regulate the improvements proposed upon the existing transit station site. These improvements include a southern building addition to the existing transit station of 1,697 sq. ft., for a total building size of 2,881 sq. ft. as well as a skyway connection to the median station. Planning Report — Cedar Grove Transit Station January 26, 2016 Page 3 To accommodate the addition, the existing boarding platform will be removed as well as the drive aisle along the south side of the existing building. A new internal circulation improvement will be added through the existing landscaped median. Further, the access to Nicols Road on the south side of the existing building, used for vehicle access to the parking lot and the current Red Line BRT, will be relocated south, to align with Cedar Grove Parkway. The interior skyway will have lighting and be climate controlled but without air conditioning. Compatibility with Surrounding Area — The proposed expansion is consistent with the Cedar Grove redevelopment plans to establish mixed use commercial and residential developments at higher densities that would support transit oriented design. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in its Transportation Policy Plan that anticipates the impacts from the continued operation of the airport at its current location. Based on the Metropolitan Council Policy Contours adopted in 2007, the site is located within the one -anile buffer area of the 60 dB contour, placing it within Noise Policy Zone 4. This development as a transportation/passenger facility is considered a compatible use within the Noise Buffer Zone. Site Plan — The site consists of a 768 sq. ft. bus shelter, surface parking lot and a looped bus turnaround with adjacent pick up/drop off parking. A standard Site Plan was not submitted; however, civil plans identify a variety of modifications that are discussed further in this report. A standard Site Plan should be submitted as a condition of approval for use as an exhibit with the Planned Development Amendment Agreement. Setbacks — Per CGD (Cedar Grove District) requirements, front and corner lots must meet a build -to line of 0-10 feet; however, the building was allowed to be constructed at a setback of 16 feet to allow for efficient traffic circulation and pedestrian safety. The expansion will align with the existing building with a setback of 16 feet. Building Height — The existing building is 25 feet at the uppermost point of the roof, however, the expansion will consist of a second story and elevator to align with the skyway connection which has a finished floor elevation 20 feet above grade. The proposed addition is 38 feet at the uppermost point of the roof, which meets the City Code requirement for round or other architectural type roofs. Building Elevations — The exterior finish materials of the existing building are Mankato Kasota Stone, burnished block and glass. Prefinished metal fascia and soffit are on the east elevation, in keeping with similar styles to other MVTA bus stations. While the eastern elevation utilizes more metal accents, all of the building elevations make use of the same finish materials. The bus station is 768 square feet in size with a total of 1,184 square feet under the roof area. Planning Report — Cedar Grove Transit Station January 26, 2016 Page 4 The proposed addition shows a combination of precast and painted concrete and glass. Material percentages are unknown; however, the Elevation Plans appear that a majority of the addition consists of windows. City staff suggests in lieu of precast concrete, the Mankato Kasota Stone should be utilized to tie the addition into the existing structure. Plain flat concrete block, whether painted or integrally colored, is not an acceptable material within the Cedar Grove District. Building Signage — The existing building has two MVTA and two Metro Transit signs on the north and south elevations. The MVTA signs are flat cut out aluminum letters and logo, and the logo is painted green and orange whereas the Metro Transit signage consists of lit cabinet signs (plastic panel with vinyl graphics) that are non -conforming per the CGD standards. The City is in receipt of a 2014 letter from Metro Transit stating the non -conforming signs will be removed from the existing station once the new online median station is constructed. It is the understanding of City staff that only the MVTA signage will remain on the Cedar Grove Transit Station as is reflected on the submitted elevation plans which identify signage on both the north and south elevations. If anything other than the existing signage is proposed, a revised Sign Plan should be submitted that meets City Code standards. Per CGD standards, signage should be individually mounted letters, no can or cabinet signs are allowed. The west elevation plan identifies a Metro Red Line sign; however, details on this sign are unknown. Trash Enclosure — The existing trash enclosure will be demolished and a new enclosure will be constructed to the west of the building addition. The plan identifies the enclosure to be 70 sq. ft. in size with a decorative galvanized woven steel mesh, painted, gate. The building material is unknown but should match the principal building in color and material. Parking — According to the "Removal Plan", nine parking spaces will be removed to allow the redesigned access to Nicols Road. Based upon current use of the parking lot, the removal of these stalls should not have a negative impact on the site as the parking lot consistently has available stalls. Site Lighting — The City Code requires that site lighting be provided as is necessary for security, safety and traffic circulation and that all lighting be indirect and diffused or shielded. Lighting shall not be directed upon public rights of way or adjacent properties and the source of light must not visible from off the property. In addition, the CGD ordinance specifies that no light source may be more than 20 feet above the ground, except by CUP for buildings more than 24 feet in height. The Planned Development may allow for deviations from the Code Requirement in lieu of a Conditional Use Permit if warranted. Planning Report — Cedar Grove Transit Station January 26, 2016 Page 5 The Lighting Plan identifies nine new single mounted lights around the bus circulator but does not provide footcandles or standard details. The original poles were proposed at 30 feet which staff recommended be revised to meet the 20 foot requirement. It is unknown what was constructed on site as a Photometric Plan was not included with the Building Permit. The proposed poles should match the existing in height and meet City Code requirements in relation to being diffused and shielded. CGD standards specify not less than 0.5 footcandles at the property lines; this requirement should also be met. Mechanical Equipment — The CGD zoning requires that all mechanical equipment be completely screened from the ground -level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. A detail of the proposed screening should be provided. Landscaping — The Landscape Plan identifies replacement of the plantings that will be disturbed from the building expansion and site modifications. The majority of the landscaping will not be disturbed. Specifically, the Construction Plan identifies 3 Common Hackberry, 2 Northern Pin Oak, 3 Swamp White Oak, 1 Crabapple, 53 Dogwood and 67 Abbotswood Potentilla. The plantings should meet minimum size requirements per City Code as follows: Deciduous overstory/shade — 2 1/2 caliper inches Deciduous understory/ornamental — 1 %2 caliper inches Hedge and shrubs — 3' As previously mentioned, the Planned Development approvals for this site allowed for non - irrigation due to the proposal that native prairie mixture and drought and salt tolerant plants would be utilized. However, over the past five years, staff has been working with the MVTA staff as routine maintenance has been lacking on the site. These issues include dead grass, bushes and trees, lack of mulch, edging and 18 dead trees. Also, 87 trees were not planted. Cash in lieu x $300/tree is equivalent to $26,100. City staff has been told that the MVTA does not have the budget to maintain their landscaping. Because of this, city staff has concerns regarding the continued and future landscape maintenance on the site. The City continues to hold the $7,500 landscape guarantee from the original development and welcomes a discussion as to how to maintain the site in the future. One option may be to reduce the amount of plant materials with attractive low or no maintenance hardscape improvements. The site is an important part of the Cedar Grove redevelopment area and deserves as much attention as privately owned sites within the Cedar Grove area and the City of Eagan as a whole. Wetlands — Because there are no wetlands on the site, City Code §11.67, wetland protection and management regulations, does not apply. Planning Report — Cedar Grove Transit Station January 26, 2016 Pate 6 Stormwater Management/Water Quality — The applicant proposes to fully reconstruct approximately 21,000 square feet of impervious surface on the site, including a building expansion, fully reconstructed bus drop-off, sidewalks and parking lot entrance. City Stormwater Management Requirements would apply for any fully reconstructed impervious surface equal to or greater than 10,000 square feet. Runoff from this site currently drains to an on-site stormwater basin, which overflows to MnDOT road right-of-way, then to City Pond AP - 54, a regional pond with pond -shelf infiltration capability. Off-site stormwater management has been accounted for with this site's redevelopment by the previous expansion of the large regional basin (AP -54) for the larger Cedar Grove area redevelopment. Storm Water Drainage — The preliminary storm drainage plan is acceptable. The entire site lies within Drainage District W (as designated in the City Storm Water Management Plan — 2007). Storm water generally flows through a private storm sewer system located in the existing parking lot, and drains to City Pond AP -54. Utilities — Sanitary sewer District CG (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. Trunk water and sanitary sewer lines were installed with previous development. The existing building is connected to water and sewer. The proposed center median building will require a new water lateral to be installed under TH 77 to serve the building and for fire protection. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Streets/Access/Pedestrian Circulation — This property is located between TH 77 (Cedar Avenue) and Nicols Road. The existing building and parking lot will continue to have direct access to Nicols Road. The existing parking lot entrance is being relocated further south to line up with Cedar Grove Parkway, and the bus loop is being reconfigured to accommodate the building expansion. These changes will require the removal of the existing driveway apron, concrete curb and gutter, sidewalk, boulevard, and potentially a portion of the street. The applicant should be responsible to restore any damage to the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. The new center station will be located in the TH 77 median, and access will be limited to only busses and authorized vehicles. A pedestrian overpass will be constructed from the existing building to the new center median building. Public trails and a sidewalk are currently located along the three adjacent public streets (Nicols Road, Cedar Grove Parkway and Eagan Outlets Parkway). No additional pedestrian facilities are proposed at this time. The station area plans provide for the potential of a mid -block crossing of Nicols Road from the transit station to the east side of Nicols Road. Consideration of that potential improvement will be revisited at the time final development plans come forward for the outlot remaining in the Affinity development, in order to determine how a pedestrian connection between the two sides of Nicols would be integrated in the final design of the area. Easements — Public drainage and utility easements were dedicated with the original development. Planning Report — Cedar Grove Transit Station January 26, 2016 Page 7 This development should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. Financial Obligation_ — At this time, there are no pending assessments on the parcel. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow an expansion of the transit station and related site improvements. This report aims to assist City policymakers in evaluating the Planned Development Amendment proposal relative to the existing Planned Development and Cedar Grove District requirements. Therefore, the evaluation should consider the deviations requested to typical City Code requirements as well as the benefits to the public afforded by the flexibility a Planned Development approach provides. The submittal lacks detail in many areas but can be clarified through the conditions of approval. The request also includes some deviations to typical Code requirements such as for building materials, signage, landscaping and lighting. The lack of landscaping maintenance on the site should be an item of discussion for City Policymakers. The subject site is part of the Cedar Grove Park and Ride Planned Development, which was approved in 2009; however, the Planned Development was never recorded. If approved, the Planned Development Amendment Agreement should serve as the official Agreement for the property. ACTION TO BE CONSIDERED The applicant is requesting approval of a Planned Development Amendment to allow an expansion of the transit station and related site improvements for the parcel located at 4035 Nicols Road. If approved the following conditions shall apply: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. A standard Site Plan shall be submitted for use as an exhibit to the Planned Development Amendment Agreement. 3. The Elevation Plan shall be revised to replace the precast concrete with similar materials and color to the existing building. 4. The applicant shall provide elevation and building material plans for the trash enclosure and the building shall be constructed of the same materials and match the principal building. Planning Report — Cedar Grove Transit Station January 26, 2016 Page 8 5. A. A revised Landscape Plan shall identify the minimum planting size per City Code requirements. M B. A hardscape Landscape Plan shall be submitted for approval by City staff. 6. The Landscaping shall be maintained per City Code requirements. 7. The non -conforming Metro Transit cabinet signs shall be removed once the online median station is constructed. 8. All building signage shall be individually mounted letters; no can or cabinet signs shall be allowed. 9. If anything other than the existing MVTA signage is proposed, a revised sign plan shall be submitted and subject to City Sign Code requirements. 10. The Lighting Plan shall be revised to verify City Code requirements for light levels and met and pole height matches existing on site. 11. Mechanical equipment shall be screened per City Code requirements. 12. 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J _ W a ���LLLcD z W O z cr a o Q -m- > _ D - - - > a ! az H - —m— - —m—m - mem — —— a an= Wtl 5£�[b'tl MR/svzl LAoggow u0p'10 uol;o;s+soe-BSSZ6100\elepysuold\RmHauo�l-Ob\e�ul,xo�p-IS\u0p-loin;-5�B9£I£I\Ooyory�W�ON\�S 9J' 300W X3111 Cedar Grove Transit Station Planned Development Amendment Project Narrative The Cedar Grove Transit Station improvement project includes the construction of a new online transit station in the median of TH 77 as well as modifications to the existing station on Nicols Road. Construction will begin in 2016 and extend into early 2017. The existing land use for the subject property located at 4035 Nicols Road includes a bus transit station and park & ride facility. The property is zoned as a Planned Development. Surrounding land uses include retail, multi -family residential, single family residential and general business. Zoning adjacent to the site includes the Cedar Grove District, Planned Development, Single Family Residential, General Business and Business Park. The project's impact on the surrounding land uses will be minimal as the existing land use will remain intact. Bus traffic for the Red Line Bus Rapid Transit (BRT) will be diverted from the existing station to the new online TH 77 station, therefore reducing the number of buses on Nicols Road each day. The subject property impacts will include a southern building addition to the existing transit station along with a skyway connection over northbound TH 77 to the online median station. The building addition will remove the existing Red Line boarding platform and drive aisle along the south side of the existing building. Bus circulation internal to the site on the north side of the existing station will be added via a cut through section of pavement in the existing landscaped median. The existing raised brick median in the north bus circulation area will be removed to provide easier bus movements and provide for bus layover accommodations. MVTA will be responsible for the pavement markings associated with the internal bus circulation as a separate project. The existing storm sewer system and site lighting will be modified to accommodate the building expansion and bus circulation improvements. The access to Nicols Road on the south side of the existing building, used for vehicle access to the parking lot and the current Red Line BRT, will be relocated south to align with Cedar Grove Parkway. Landscaping (trees, shrubs, turf) will be disturbed for the new improvements and will be replaced in kind on the modified site layout. The existing 12" water main along the north side of the site will be tapped to provide water service to the new online median station. A 6" HDPE water main, with 12" casing pipe, will be directionally bored. The project will also include the additional of a mid -block pedestrian crosswalk on Nicols Road with pavement markings and actuate flashing pedestrian signs. The cross walk will be aligned with the existing station and extend east across Nicols Road to the existing sidewalk. The proposed project, including the new online median station on TH 77 with skyway access to an expanded Cedar Grove Transit Station, will provide a public benefit by greatly improving bus operations for both the Red Line BRT and local access bus service, providing a vital link to the overall TH 77 (Cedar Avenue) BRT service from Lakeville to the Mall of America. The proposed improvements will also enhance the bus service and access to the Eagan Outlet Mall and the existing and planned residential properties in the neighborhood. From: Sutton, Geri To: Sarah Thomas Cc: Lois Spear; Jane Kansier; Toussaint, Claudius; Aaagesen-Huebner, Heather; Dreier, Bruce; Harper, John Subject: Cedar Grove Station Landscaping Date: Thursday, March 31, 2016 10:44:30 AM Sarah, We understand that there has been some recent communication between the City of Eagan and MVTA regarding Landscaping issues at Cedar Grove Station. As background, MVTA provides facility maintenance under contract to the Council for some Council -owned facilities including Cedar Grove Station. Unfortunately, there seems to be a misunderstanding between Metropolitan Council staff and MVTA staff about how we want to resolve the outstanding landscape issues at Cedar Grove. I would like to clarify the Council's intent via this email. As part of the new in-line station construction project at Cedar Grove, the Metropolitan Council commits to the following: 1.. Plant the trees that are missing according to the original Cedar Grove Station construction plan. According to an email from Greg Hove on 3/24/201.6, there are 35 Category P trees missing. 2. Replace trees and grass that are currently dead and that remain in the landscaping plan at Cedar Grove Station once inline station construction is complete. 3, Replace current trees and grass that are disturbed by construction of 'the inline station. 4. Work with MVTA to develop a facilities maintenance plan to monitor the site moving forward. S. These corrective actions are in lieu of a $10,500 settlement payment frorn MVTA. Please let me know if you have any additional questions or concerns. Sincerely, Gerri Sutton, Assistant Director Contracted Transit Services Heather Aagesen-Huebner, Manager MTS Administration Claudius Toussaint, Metro Transit: Principal Engineer Agenda Information Memo April 5, 2016, Eagan City Council Meeting NEW BUSINESS A. Interim Use Permit — Oak Hills Church Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) an Interim Use Permit (IUP) to allow a community garden located at 1560 Yankee Doodle Road, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Required Vote For Approval: ➢ At least three votes Facts: ➢ The 7 acre parcel is zoned Residential Multiple (R-4) and located south of Yankee Doodle Road, west of Oak Hills church. ➢ The property is undeveloped; however, the property was rezoned from Agriculture (A) to R-4 in 2003 to allow consideration of senior condos. ➢ Oak Hills church has since purchased the property with plans to expand their existing facility. The Oak Hills church property is zoned Public Facility (PF) and community gardens are an allowed use in such zoning district; however, they are not allowed in residential districts. ➢ A five year IUP was approved in May 2011 which expired in October 2015. ➢ The purpose of an IUP is to allow a reasonable use of property for uses not specifically permitted in a zoning district, on a temporary basis. ➢ The applicant proposes a three year term for the Eagan Resource Center, a local food shelf, to operate a community garden. The three year term is to allow for financing and planning of the church expansion as well as time for the gardener's to relocate to another community garden. ➢ The APC held a Public Hearing on March 22, 2016 and is recommending approval with a three year term. Issues: ➢ None 60 -Day Agency Action Deadline: April 17, 2016 Attachments: (4) NBA -1 Location Map NBA -2 Draft March 22, 2016, APC Minutes NBA -3 Planning Report NBA -4 Report Exhibits .co Z a� U0 LL O V Y N ® in L (� C ■� 2�" dN ani f0 �J Y O fA O m m c �" Rf � G �CC r y c o + ® r Q U U Y m O Z v Z 9® o as LO o r O Emu 15 d & �p tea. 3Ma01va303j 3it1 Olva30RA CL ENS o 0o y El SSR FV ° CA .14 x Q7i OVOa NVWNOVOO O OVOa,NvWNOV4.0 00 O vN 4 O D I` ® ® W V d qq �� x K O ® N N B m m0 0 E3 B Q > B EBI m B B B B I I I I �o zo � o �f� U rw _ Ot`o N. x ,u+ 1}°3 1%G i` Im ,0 1 .co Z a� U0 LL O V Y N ® in L (� C ■� 2�" dN ani f0 �J Y O fA O m m c �" Rf � G �CC r y c o + ® r Q U U Y m O Z v Z 9® o as LO o r O Emu 15 d & �p tea. 3Ma01va303j 3it1 Olva30RA CL ENS o 0o y El SSR FV ° CA .14 x Q7i OVOa NVWNOVOO O OVOa,NvWNOV4.0 00 O vN 4 O D I` ® ® W V d qq �� x K O ® N N B m m0 0 E3 B Q > B EBI m B B B B I I I I �o zo � o �f� U rw _ Ot`o N. Advisory Planning Commission March 22, 2016 Page 4of12 B. Oak Hills Church Applicant Name: Rod Carlson, Oak Hills Church Location: 1560 Yankee Doodle Road; Lot 1, Block 1, Nature Preserve Application: Interim Use Permit An Interim Use Permit to allow a community garden. File Number: 16 -IN -01-02-16 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 8, 2016. Member Piper questioned if staff had discussed rezoning the property with the applicant since community gardens and churches are allowed in PF (Public Facility) zoning. Planner Thomas responded that such discussion did not occur. Member Sagstetter asked for clarification on the plans relating to the restoration of the area back to meadow when it appears to be the same location as the building expansion. Jen Galley, Mission Pastor at Oak Hills Church, explained the project. City Planner Ridley spoke to reestablishing the area back to the original condition. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Weimert moved, Member Sagstetter seconded a motion to recommend approval of an Interim Use Permit to establish a community garden, subject to the following conditions: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate on October 31, 2018. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. This permit approves the use of a community garden, which shall be located as shown on the approved Site Plan with the specifications identified on the approved Garden Plan. 5. Refuse cans shall be provided on site. 6. Restoration of the plots shall occur at the end of the growing season. Advisory Planning Commission March 22, 2016 Page 5 of 12 7. The land shall be restored at the end of the Interim Use Permit to be in compliance with the City of Eagan's turf grass ordinance. 8. At all times, any and all garden materials, supplies and tools shall be contained within the area as defined by the Garden Plan. Any and all such materials, supplies and tools shall be stored, placed or disposed of no closer than 30 feet of the wetland boundary. 9. At no time shall biodegradable garden debris or compost be stored, placed or disposed of closer than 30 feet of the wetland boundary. 10. Vehicle access to the garden site shall only be from the Oak Hills Church property off of Coachman Road. There shall be no direct access from Yankee Doodle Road. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 8, 2016 APPLICANT: Oak Hills Church PROPERTY OWNER: Same REQUEST: Interim Use Permit LOCATION: 1560 Yankee Doodle Road CASE: 16 -IN -01-02-16 HEARING DATE: March 22, 2016 APPLICATION DATE: Feb. 17, 2016 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: MD, Medium Density ZONING: R-4, Residential Multiple SUMMARY OF REQUEST The applicant is requesting approval of an Interim Use Permit to establish a community garden on the property located at 1560 Yankee Doodle Road legally described as Lot 1, Block 1, Nature Preserve. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulls and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. 6. The city determines that the property is in compliance with City Code. Planning Report — Oak Hills Church March 22, 2016 Page 2 City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Planning Report — Oak Hills Church March 22, 2016 Pafze 3 BACKGROUND/HISTORY A rezoning from A, Agriculture to R-4, Residential Multiple was approved in 2003 to allow the consideration of senior condos. The final plat was recorded in 2004. The development did not move forward and Oak Hills Church has since acquired the property and plans a future expansion of their facility. The City Council approved an IUP in 2011 that expired on October 31, 2015. The City received no complaints regarding a garden on the property. EXISTING CONDITIONS The most prominent feature of this site is the large wetland located in the center of the site. To the north, the land is relatively flat. South of the wetland, the property has a large variation in topography as it slopes upward to the southeast. The southerly portion of the property is heavily wooded, and the northerly portion contains scattered significant trees. There is an existing curb cut to the site from Yankee Doodle Road; however, access to the site should be limited to the Oak Hills Church property to the west, which receives access off of Coachman Road. The applicant's narrative states, "Access to the garden is and will continue to be limited to 1570 Yankee Doodle Road". SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — Community gardens are not permitted within residential zoning districts. However, the purpose of the Interim Use Permit is to allow a reasonable use of property for uses not specifically permitted in a zoning district on a temporary basis as deemed appropriate by the City Council upon recommendation of the Advisory Planning Commission. Existing Use Zoning Land Use Designation North Apartment(Gramercy LB, Limited Business and O/S, Office/Service and senior building) NB, Neighborhood RC, Retail Commercial and restaurant Business (Carbone's) South Single Family PD, Planned Development LD, Low Density Residential East Townhomes R-3, Residential MD, Medium Density Townhouse West Oak- Hills Church PF, Public Facilities QP, Quasi -Public EVALUATION OF REQUEST Compatibility with Surrounding Area — Community gardens are not permitted within residential zoning districts. However, the purpose of the Interim Use Permit is to allow a reasonable use of property for uses not specifically permitted in a zoning district on a temporary basis as deemed appropriate by the City Council upon recommendation of the Advisory Planning Commission. Planning Report — Oak Hills Church March 22, 2016 Page 4 Community gardens have been allowed in Park and Public Facility zoning districts. While the subject property is owned by Oak Hills Church and they have intentions of expanding onto the property, it is currently a parcel of its own and remains zoned R-4 from the previous development proposal. Proposal — The Applicant proposes to continue to utilize a portion of the undeveloped property for a community garden in partnership with the Eagan Resource Center for a period not to exceed three years in order to provide time for the gardeners to locate to another community garden. The growing season is proposed to run from May through October and be operable between the hours of 6 a.m. — 10 p.m. A variety of garden styles and sizes are proposed, including: • Community Tepee's • Community tomato Tepee's • 25-5' x 20' Garden Plots 4' x 8' Raised Gardens to be supplementary and designed to beautify the space • Six foot spacing proposed between garden plots with 3'- 4' woodchip walkways Strawberry plantings along the top of the retaining wall Three rain barrels are proposed to assist with irrigation. A compost area is designated on the south end of the site with a vineyard adjacent to provide screening. There are no refuse cans identified on the Site Plan. Refuse disposal should be addressed by the applicant. Term — The Applicant is requesting a 3 -year term for this permit. Being that the church intends on expanding onto the property at some time in the future, rezoning the site to Public Facilities and combining it with the church property into a single parcel should occur within the next three years. Wetlands/Water Quality — This proposed community garden is located adjacent to City Pond CP - 1, which is in the state public waters inventory (#19-0138W). There are no proposed impacts to this wetland so long as the activity remains as shown on the Garden Plan. SUMMARY/CONCLUSION Oak Hills Church is requesting approval of an Interim Use Permit to allow a community garden to continue operation located at 1560 Yankee Doodle Road. This application does not propose any physical changes to how the garden has operated at this site for the last five years. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to establish a community garden on the property located at 1560 Yankee Doodle Road legally described as Lot 1, Block 1, Nature Preserve. If approved, the following conditions should apply: Planning Report — Oak Hills Church March 22, 2016 Page 5 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate on October 31, 2018. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revolted for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. This permit approves the use of a community garden, which shall be located as shown on the approved Site Plan with the specifications identified on the approved Garden Plan. 5. Refuse cans shall be provided on site. 6. Restoration of the plots shall occur at the end of the growing season. 7. The land shall be restored at the end of the Interim Use Permit to be in compliance with the City of Eagan's turf grass ordinance. 8. At all times, any and all garden materials, supplies and tools shall be contained within the area as defined by the Garden Plan. Any and all such materials, supplies and tools shall be stored, placed or disposed of no closer than 30 feet of the wetland boundary. 9. At no time shall biodegradable garden debris or compost be stored, placed or disposed of closer than 30 feet of the wetland boundary. 10. Vehicle access to the garden site shall only be from the Oak Hills Church property off of Coachman Road. There shall be no direct access from Yankee Doodle Road. a.®® �a y o rc o � _ U- O O O ®L L N Q 0 00 = 1 m Q ugE Ncd(s ® y N _ �cav-- o C d d m d L) � LO7 r Or E9 r^� L Z a) d ; c ® E = O Lo m r c 0 Z ++ O j d Z O 0 m a w a.®® y o rc o � _ U- O O O ®L N Q y 00 1 y C 0 y N C O a Y m �° ba 80N)44 r6 ao app is a _ o U _ E3 loom a eni8GlVaep3 0IVa3p3J 'a- Bo8MO 3 EB 0 LJ S�RRFY E 6 qy..„EAY t� ® ® CL zl_ z OCZa)d o O �V� O8 NVWHOVOO GVON_NVWWaVoo- O O LLI Z ld ID o z _ B f 00 a & 8 8 ¢ r 8 e 0 a m 8 8 0 a� r oN��My�fy�ly� N o z � ~ o Y m U s y W �I rn �' e- lryy�/y en, yti. U- O O O N Q y —vyi y C 0 y N C O a Y m o C d d m d L) O Lo 0 �° ba 80N)44 r6 ao app is a _ o U _ E3 loom a eni8GlVaep3 0IVa3p3J 'a- Bo8MO 3 EB 0 LJ S�RRFY E 6 qy..„EAY t� ® ® CL zl_ z OCZa)d o O �V� O8 NVWHOVOO GVON_NVWWaVoo- O O LLI Z ld ID o z _ B f 00 a & 8 8 ¢ r 8 e 0 a m 8 8 0 a� r oN��My�fy�ly� N o z � ~ o Y m U s y W �I rn �' e- lryy�/y en, yti. V-vo .-A 11504, zy ---W- s 9isi.: -w— AMR 1gcsara5rts�Y Y- °a4 n 1 g Sr, 51 !&-,4 5 i3n_,11-,��Ii;,,, AIM My to Aw"Von. AIR' Ovni Www ison Y M ME2,15V v" Ali AM �NSWM 13 0 1n ------------- .� ----.-------_-___ I I }o l a I � � I Go .�.e..,� _.. __.....___. IT R Oak Hills Church Community Garden 2016 1560 Yankee Doodle Rd Eagan, MN 55121 PID: 10-49900-01-010 Total Acreage: 7.11 Acreage used for garden: <1 acre What We Want To Do We are requesting a continuation of our current community garden for up to 3 more years in partnership with the Eagan Resource Center. This continuation will give the gardeners time to locate to another community garden. The garden's principal purpose is to feed under -resourced families in the Eagan community. The area previously approved for community garden use is located on 1560 Yankee Doodle Rd; property owned by Oak Hills Church which is next door on 1570 Yankee Doodle Rd. 1560 Yankee Doodle Rd is an empty, undeveloped lot which we, Oak Hills Church, maintains so that is not an eyesore for the Eagan community. Access to the garden is and will continue to be limited to 1570 Yankee Doodle Rd. Upon completion of the IUP late 2018, Oak Hills Church plans to return the area back to a meadow. Zoning classification No change requested. Timing This request is for a three year continuation of our current interim use for 1560 Yankee Doodle. Eventually, Oak Hills Church plans to expand our facility onto this property. Existing Land Use Empty lot owned and maintained by Oak Hills Church with an area designated for an existing community garden. Surrounding Land Use 1570 Yankee Doodle Rd — Oak Hills Church Agenda Information Memo April 5, 2016, Eagan City Council Meeting NEW BUSINESS B. Rezoning, Preliminary Subdivision and Variance – DR Horton Inc. MN Actions To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Rezoning from A, Agricultural, to R-1S, Small Lot Single Family, upon approximately 15 acres located at 775 and 785 Diffley Road. To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Subdivision (Summerbrooke) to create 33 lots upon approximately 15 acres located at 775 and 785 Diffley Road, subject to the conditions listed in the APC minutes. Required Vote For Approval:  Rezoning – At least three votes  Preliminary Subdivision – Majority of Councilmembers present Facts:  The property consists of two unplatted parcels with areas of wetlands and trees. Both parcels contain a single family home.  The proposed Subdivision complies with the proposed R-1S zoning standards and is consistent with the Low Density residential land use designation having a gross density of 2.2 units per acre.  The proposed Rezoning allows for a minimum lot size of 8,000 sq. ft.; however, the proposed lots range in size from 9,588 sq. ft. to 33,755 sq. ft.  Access to the site is proposed via a new public street intersection with Diffley Road and will connect with the Barrow Court street stub to the north. Sewer and water will also be extended into the site.  Site topography and limited access result in the requested Variance for a cul-de-sac 800 feet in length.  Approval of the Subdivision will simultaneously constitute the approval of the Variance.  A Wetland Delineation will be required prior to final subdivision, and wetland buffers established around the wetlands per City Code.  Tree preservation standards are satisfied through mitigation and cash dedication.  Park dedication will be required for the net increase of 31 lots, payable at the time of final subdivision.  The Advisory Planning Commission held a public hearing on the proposed requests at the March 22, 2016 meeting and recommended approval on a 6-1 (Dierkes) vote for the Rezoning/Variance and 5-2 (Dierkes,Vanderpoel) vote for the Preliminary Subdivision. Issues:  A number of neighbors shared concerns at the Public Hearing regarding traffic, street connections, density, grading, erosion, tree loss and wild life.  The Advisory Parks Commission held a public meeting on March 21, 2016 and recommended cash trail dedication be required for the net increase of 31 lots, payable at the time of final subdivision. 60-Day Agency Action Deadline: May 2, 2016 Attachments: (6) NBB-1 Location Map NBB-2 Draft March 22, 2016, APC Meeting Minutes NBB-3 Planning Report NBB-4 Exhibits NBB-5 Public Correspondence NBB-6 Draft March 21, 2016, APrC Meeting Minutes Advisory Planning Commission March 22, 2016 Page 6 of 12 C. Summerbrooke. Applicant Name: DR Horton Inc. MN Location: 775 and 785 Diffley Road Application: Rezoning A Rezoning from A, Agricultural, to R -IS, Small Lot Single Family. File Number: 24-RZ-02-02-16 Application: Preliminary Subdivision A Preliminary Subdivision of 15 acres to create 33 single-family lots. File Number: 24 -PS -01-02-16 Application: Variance A Variance to the cul-de-sac length from 500 ft. to 800 ft. File Number: 24 -VA -02-02-16 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 17, 2016. Member Dierkes questioned if R-1 S lots were nearby. Planner Thomas stated adjacent neighborhoods were zoned R-1 and PD and developed with single family homes with densities ranging from 2.0 — 2.4 units per acre. The proposed development density is 2.2 units per acre. Mike Suel, DR Horton, explained 21 of the 33 lots meet R1 standards in that they exceed 12,000 sq. ft. and the average lot size is 15,000 sq. ft. He said most of the R-1 S lots are adjacent to Diffley Road and provide a transition into the neighborhood. He addressed the tree mitigation numbers and the proposed street access stating they are following the City and County guidelines. Member Dierkes asked about the connection with the neighborhood to the north. Paul Thomas, Pioneer Engineering, discussed the proposed grade of the road and options they have with the neighbors and/or retaining walls. Member Sagstetter asked the applicant if the 500' cul-de-sac standard could be met. Mr. Suel explained it could not due to the Diffley Road access location, topography, wetlands and the existing Barrow street stub location. Member Vanderpoel asked if the location of the Diffley Road access was consistent with the county spacing guidelines. Mr. Thomas stated it was. Chair Filipi opened the public hearing. Advisory Planning Commission March 22, 2016 Page 7 of 12 Property owners living at 4138 and 4150 Barrow Court, 553 Hawthorne Woods Drive, and 731, 750, 758, 762 and 766 Camberwell Drive all spoke against the request and shared the following concerns: traffic, density, grading, tree loss, erosion and loss of wildlife. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Assistant City Engineer Nelson responded to questions/concerns related to grading, erosion control and retaining walls, through street access and traffic speed and congestion. Further discussion occurred regarding traffic, access and the cul-de-sac length. Member Vanderpoel questioned the purpose of the R-1 S Zoning. City Planner Ridley explained the history and purpose of the R-1 S Zoning District. Member Dierkes stated his concern with traffic and lot sizes. He asked if there was a safety reason for the connection. Mr. Nelson stated alternate access options help the overall system. Member Filipi stated alternate ways to provide emergency access are also important. Member Piper asked about traffic counts in the vicinity. Mr. Nelson stated the most recent counts available are from 2007 and the volumes were very low. Member Piper asked about the density in the surrounding neighborhoods. Planner Thomas stated the adjacent densities were between 2.0 — 2.4 units/acre. Member Sagstetter stated he was struggling with the Variance request. Member Woebke stated he was comfortable with the cul-de-sac length. Member Filipi stated the R-1 S zoning is available although most of the proposed lots exceed R- 1 zoning requirements, the low volume of traffic in the area and the importance of connectivity. Member Sagstetter expressed his concern over the cul-de-sac and stated he would recommend approval of the request with hesitation. He suggested the applicant prepare a graphic illustrating a 500' cul-de-sac for the City Council. After the motion and second were made to approve the Rezoning, the following comments were made: Member Dierkes stated the neighborhood concerns with safety and lot sizes were legitimate. Member Piper expressed concern over long-term traffic congestion without the connection being made. He stated he was not in favor of a second cul-de-sac. Member Vanderpoel stated she Advisory Planning Commission March 22, 2016 Page 8 of 12 was conflicted. Not with the requested R-1 S zoning or safety concerns but the impact development will have on the site. Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Rezoning from A, Agricultural to R-1 S, Small Lot Single Family, upon 15 acres. A vote was taken. Motion carried 6-1. (Member Dierkes opposed). Member Piper moved, Member Weimert seconded a motion to approve a Preliminary Subdivision (Summerbrooke) to create 33 single family lots upon 15 acres, subject to the following conditions as amended: 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, C3, C4, E1, F1, G1, H1, 11 and L1. 2. The property shall be platted. 3. 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. 4. 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. 5. Erosion control measures shall be installed and maintained in accordance with City Code and engineering standards. 6. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. Well sealing records shall be provided to the City. 7. The applicant shall enter into an encroachment agreement with the City, in a form acceptable to the City Attorney, for all retaining walls located in drainage and utility easements. 8. All retaining walls shall be privately owned and maintained. 9. The applicant shall obtain and provide for review by the city attorney a temporary construction easement or agreement from neighboring properties for any off-site work necessary to construct the retaining walls. 10. This development shall meet all requirements of Minn. Rules Ch. 8420 including application to the City regarding the wetland boundary and any proposed wetland replacement. The City decisions regarding such application shall occur prior to Final Subdivision submittal. Advisory Planning Commission March 22, 2016 Page 9 of 12 11. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 12. The applicant shall provide adequately sized pre-treatment (e.g. forebay, etc.) at, or immediately upstream of, all stormwater management facility (e.g. infiltration basin) inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 13. The applicant shall provide unobstructed equipment access paths (without obstructions from grading, private utilities, landscaping, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access path (e.g. 15' width reinforced turf system from street edge to both forebay inlet areas) shall be capable of fully supporting typical maintenance/excavation equipment, for periodic maintenance access to the surface storm water facilities. 14. The applicant shall provide the City with soil boring logs prior to receiving city approval to permit land disturbing activity from a minimum of four soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. 15. The applicant shall provide construction details, prior to receiving city approval to permit land disturbing activity, of the proposed infiltration system for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria, live planting/seeding/temporary & permanent erosion -control details, etc., to ensure infiltration practice is properly designed, constructed, planted, and adequately protected during/after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). 16. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with no less than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). Advisory Planning. Commission March 22, 2016 Page 10 of 12 17. Prior to receiving a Certificate of Occupancy for any affected residential construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. 18. During infiltration system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practice. 19. The applicant shall provide the City Engineer as -built plans before the City returns any Sto rmwater- related Performance Financial Guarantees on the development site, that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (forebay, infiltration practice, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the forebay and infiltration practice. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 20. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 21. The existing house on Lot 20, Block 1, shall connect to city sanitary sewer upon installation of the sewer in the development. 22. Two water and sewer services shall be installed from the utilities under the cul-de-sac during construction of the development to allow for future subdivision of Lot 20, Block 2. 23. The applicant shall acquire a drainage and utility easement for all public utilities that extend onto neighboring properties in a form acceptable to the City Attorney. 24. The applicant shall provide a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all home sites to permit third party providers to install FTTH within the neighborhood. This development shall install fiber optic cable, or a conduit for future installation, during construction of the development. 25. All construction traffic associated with this development shall access and exit the site only via the Diffley Road. 26. The concrete sidewalk proposed within public right-of-way shall be a minimum of 6 feet in width. Advisory Planning Commission March 22, 2016 Page 11 of 12 27. This development shall be subject to a cash parks dedication payable at the time of Final Subdivision at the rates then in effect. 28. The Development shall be responsible for the construction of 300 feet of "public sidewalk", consistent with the development plans and City specifications, for which a credit of $9,360 shall be applied towards the $7,750 Trail Dedication due, to satisfy trail dedication. 29. If Lot 20 is subdivided in the future, additional park dedication shall be required for the new lot; however, trail dedication shall be satisfied as the applicant has exceeded the trail dedication due. 30. When access to Diffley Road to Lot 20 is restricted, a new access shall be from the City public street. 31. The applicant shall fulfill current tree mitigation requirements through the installation of two -hundred sixty-one (261) Category A trees and with a cash payment of $55,800.00. 32. Mitigation trees shall not be installed in any public easement area. 33. The applicant shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 34. The applicant shall schedule a site meeting with adjacent landowners to address actions required to protect critical root zones of off-site trees. The City of Eagan Supervisor of Forestry shall attend this meeting. 35. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 36. The applicant shall acquire a public drainage and utility easement of sufficient size and location, as determined necessary by engineering standards, for all public utilities and drainage ways that extend onto the property located at 755 Diffley Road as determined by the City Engineer. A vote was taken. Motion carried 5-2 (Members Dierkes and Vanderpoel opposed). . Member Piper oved, Member Wiemert seconded a motion to approve a Variance to the cul-de- sac length from 500 ft. to 800 ft., subject to the following condition: 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. A vote was taken. Motion carried 6-1 (Member Dierkes opposed). Member Dierkes noted he had no issues with the Variance if the other motions were approved. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 17, 2016 APPLICANT: DR Horton Inc. MN PROPERTY OWNER: Rachelle Fawcett Helen R. Thunhart Revocable Trust REQUEST: Rezoning, Preliminary Subd. and Variance LOCATION: 775 and 785 Diffley Road CASE: 24 -PS -01-02-16; 24-RZ-02-02-16; 24 -VA -02-02-16 HEARING DATE: March 22, 2016 APPLICATION DATE: March 3, 2016 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: LD, Low Density ZONING: A, Agricultural SUMMARY OF REQUEST DR Horton Inc. MN is requesting approval of: • Rezoning from A, Agricultural, to R -1S, Small Lot Single Family • Preliminary Subdivision (Summerbrooke) of 15 acres to create 33 single-family lots; and • Variance to the cul-de-sac length from 500 ft. to 800 ft. The above requests pertain to property located at 775 and 785 Diffley Road. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. Plamling Report — Sununerbrooke March 22, 2016 Page 2 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. Planning Report — Suimnerbrooke March 22, 2016 Page 3 K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Cleric hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." L. That the subdivision is in compliance with the city's storm water management regulations pursuant to the federal Clean Water Act as set forth elsewhere in this Code. M. That the subdivision is in compliance with the city's wetland protection and management regulations as set forth elsewhere in this Code. Variance: City Code Chapter 13, Section 13.40, 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, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. Plarming Report — Sununerbrooke March 22, 2016 Page 4 BACKGROUND/HISTORY The two unplatted parcels abut existing single-family homes to the north, east and west and Diffley Road (County Road 28) makes up the southern boundary. EXISTING CONDITIONS The two parcels total 15 acres and each contains a single family home constructed in the late 1960's. The parcels contain areas that are heavily treed and the western half of the subject site contains significant topography with slopes that contribute to a 55' total change in elevation within the site. Elevations range from approximately 957' to 903'. A wetland exists in the north -central portion of the development site. SURROUNDING USES The subject site is surrounded by Planned Development and Single -Family Residential zoned properties that are developed with single family homes save the property to the east which is zoned Agricultural. EVALUATION OF REQUEST Description of Proposal — The applicant is proposing to subdivide the site into 33 single-family lots ranging in size from 9,588 sq, ft. to 33,755 sq. ft. The existing structures on the west property (on proposed as Lot 20), will remain; all other existing structures on the two parcels will be razed for the new development. Primary access is proposed via a new access to Diffley Road. An extension of Barrow Court, an existing public street, will "T" into the public street. Direct access to Diffley Road for proposed Lot 20 is proposed to remain and is discussed in more detail later in this report. Compatibility with Surrounding — The proposed single-family use is consistent with surrounding development, which consists of single-family residential homes. The surrounding area is zoned PD, Planned Development or R-1, Single -Family Residential and guided for LD, Low Density residential. R-1 zoning minimum lot size requirements are 12,000 SF and different bulk standards, such as setbacks, apply in comparison with the R-1 S proposal. Airport Noise Considerations — The subject site is outside the Noise Policy Zones for the airport. Density — The proposed 33 lots upon 15 acres results in a density of 2.2 units per acre. This is consistent with the LD Low Density residential land use designation which permits density of 0-4 units per acre. Plamling Report — Sununerbrooke March 22, 2016 Page 5 Lots — Each lot meets the RI -S minimum lot width requirement of 65' wide at the 30' minimum setback line. The lots are a minimum of 132 feet deep and exceed 8,000 sq. ft. in size. The average lot size is 15,000 sq. ft. with the smallest being 9,588 sq. ft. Five lots are encumbered with a drainage and utility easement as they abut the existing wetland. A number of the other lots have a drainage and utility easement bisecting the rear yards. Setbacks — R -IS setbacks will apply to all of the lots. Minimum required setbacks are 30 feet from the new public streets, and 6 feet from side lot lines (5 feet for garage) and 15 feet from rear lot lines. In addition, a setback of 50 -feet or 100 -feet from right-of-way centerline (whichever is greater) from Diffley Road (a B Minor Arterial street) applies to Lots 19-28. Telecommunications — The City of Eagan created the Eagan Technology Task Force in February 2004. This group was charged with researching and providing recommendations relative to broadband and fiber optic telecommunications networks within the community. The Task Force created a report that was presented to the Eagan City Council in December 2004. Part of the Policy Framework states: The City should establish and maintain an environment to encourage and provide state of the art and diverse telecommunications infrastructures to assist in the recruitment and retention of residents, organizations and businesses of all sizes. Recognizing that telecommunications is central to economic development and quality of life, the City needs to maintain an ongoing effort to ensure that Eagan stays competitive in this important area. As a new development site, the applicant has an opportunity to introduce these technologies in its development plans so that it is consistent with the Policy Framework statement above. The applicant should submit a proposal/infrastructure plan to be approved by City staff to provide telecommunications fiber optic cable to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood during construction of the development. Topography/Grading — The preliminary grading plan is acceptable. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer. Also, all personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. Planning Report — Summerbrooke March 22, 2016 Page 6 The Grading plan shows the construction of retaining walls along Diffley Road, along a portion of the west and north property lines, and around the existing home on proposed Lot 20. All retaining walls would be privately owned and maintained. The applicant should obtain a temporary construction easement or agreement from neighboring properties for any off-site work necessary to construct the walls, and enter into an encroachment agreement with the city, in a form acceptable to the City Attorney, for all retaining walls located in drainage and utility easements. The applicant should provide a minimum of a 15 -foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge to all stormwater facilities' inlets/outlets. The unobstructed equipment access path should be capable of supporting typical maintenance/excavation equipment, for periodic maintenance access to the pond and infiltration basin. Storm Drainage - The preliminary storm drainage plan is acceptable, with modification. The entire site lies within Drainage District J (as designated in the City Storm Water Management Plan — 2007), and generally flows to the center of the site. Storm water runoff from the development will drain via an on-site storm sewer system to a constructed storm and infiltration basin in the center of the site. Storm water would then flow through public storm sewer to a natural wetland, city pond JP -27, immediately east of the site. The storm water basins will meet all requirements set forth in the Water Quality/Wetlands portion of this report. Wetlands — Because there is a classified wetland on the site, Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan's wetland protection and management regulations (City Code § 11.67) apply to this development proposal. Accordingly, a Certified Wetland Delineator must delineate the wetland boundary on the property, and the applicant must submit a complete application and delineation report for City approval of the wetland boundary. In addition, because the applicant is proposing to impact the entire wetland by filling, the applicant must submit a complete application and wetland replacement plan for City approval. Neither application has been received nor has the City approved a delineation report of the wetland boundary and a wetland replacement plan. Therefore, the current proposal does not yet meet Minn. Rules Ch. 8420 and City Code § 11.67 requirements. Stormwater Management/Water Quality — The applicant proposes to add 31 single family residential lots and two streets (one thru street and one cul-de-sac street), resulting in the creation of approximately 4.32 -acres of new impervious surface, with an additional 9.13 -acres of disturbed/graded soils to be revegetated, on the 13.6 -acre site (total disturbed area). This development will need to comply with the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control (which includes soil permeability restoration). Plaaiing Report — Sununerbrooke March 22, 2016 Page 7 The applicant proposes to meet City water quality/stormwater requirements through the on-site construction of one wet-basin/sediment forebay (for pre-treatment), one infiltration basin, and soil remediation for the top 12" of soil for 9.13 -acre of disturbed/graded soil areas that are proposed to be revegetated pervious surfaces. The majority of the site's impervious is proposed to drain into the planned wet-basin/forebay, which would then overflow into the planned infiltration basin. When the infiltration basin is at maximum capacity (capturing the 1.1" event volume), additional stormwater would be redirected and discharge into JP -27 (an off-site stormwater wetland). The stormwater management system of this proposed development would ultimately become publicly managed. Eagan Water Resources has reviewed the applicant's plans, stormwater design summary and modeling provided for stormwater management and finds the proposed plans to meet City Code §4.34 Post -Construction Storinwater Management Requirements are acceptable with conditions to, ensure infiltration capacity and capability, effective pre-treatment, effective soil remediation to restore soil permeability (on all disturbed soils that are to be revegetated), construction techniques, staging and oversight, and future maintenance for continued function. Sanitary Sewer/Water Main — The preliminary utility plan is acceptable, with modification. Lateral water main and sanitary sewer of sufficient size and capacity is available for connection and extension with development of the property. Public water main is stubbed to the property from Barrow Avenue to the north, and at the eastern most end of the site along Diffley Road. Public Sanitary sewer was previously stubbed to the property from Barrow Avenue. The water main would "loop" through the site to connect the two stubs to provide redundancy in the system and reduce the likelihood of shutting down the entire development when maintenance or repairs are being performed. This loop is also necessary to provide adequate water flow and pressure for fire protection. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Existing wells that served the site will no longer be needed with development of the site. All well and septic systems within the development should be abandoned in accordance with City and County standards. The existing house on proposed Lot 20, Block 1, that is proposed to remain, is currently connected to city water, and should connect to city sanitary sewer upon installation of the sewer in the development. Two water and sewer services should be installed from the utilities under the cul-de-sac street during construction of the development to allow for future subdivision of Lot 20, Block 2. Streets/Access/Transportation — The proposed development includes construction of a public nortb/south thru street that "T's" into a cul-de-sac street that extends to the west. The primary access to the development is from the south with a full access onto Diffley Road (CSAR 30), the "T" off of the new cul-de-sac street connects to the existing stub street, Barrow Ct., at the neighborhood to the north. Barrow Ct. was constructed with the Hills of Stonebridge 3rd Addition in 1991 to accommodate a future street connection to Diffley Road, which would Planning Report — Suramerbrooke March 22, 2016 Pave 8 provide another access for the neighborhood to the north. "Future Thru Street" signage exists on Barrow Ct. to indicate the street will be extended with future development. Diffley Road (Dakota County State Aid Highway 30) is located along the south edge of the site, and is a three -lane arterial roadway with a shared center left turn lane. Current traffic volumes are approximately 8,300 vehicles per day (vpd), and traffic is projected at 11,000 vpd by 2030. Because Diffley Road is a county roadway, the Dakota County Plat Commission met on March 7, 2016, to consider the Preliminary Plat for this development. The Plat Commission determined the need for a small amount of right-of-way to be dedicated to accommodate the 60 feet of half right-of-way needs for this corridor, and reviewed the access spacing for a three lane road section. They determined the proposed access location onto Diffley Road is consistent with County access spacing guidelines, and acknowledged the importance of the connection to the neighborhood to the north. They also reviewed the driveway for the existing home on proposed Lot 20, Block 2, which is shown to remain. The Commission determined the driveway does not meet access spacing guidelines, but would be allowed to remain on a short term basis via a temporary driveway permit. The Commission has not yet determined the event or action that would permanently close that access but suggested a change in ownership may be appropriate. Once the access is closed, any new public access would need to be made to cul-de-sac to the north. Because of a significant grade change on the north side of the existing house, changing the driveway location would realistically require the house to be removed, a 14' high retaining wall taken down, and the entire lot be lowered several feet. Any costs related to changing the driveway access would be the responsibly of the property owner. All construction traffic associated with this development should access and exit the site only via the Diffley Road. The preliminary Site Plan indicates trail and sidewalk segments adjacent to streets and in open space areas to provide pedestrian access throughout the site and to the City trail system. The concrete sidewalk proposed within public right-of-way should be a minimum of 6 feet in width. Pedestrian access and circulation will be provided by constructing a concrete sidewalk along the southernmost block of road which connects to the paved trail along the north side of Diffley Road. Easements/Permits/Right-of-Way — Diffley Road is a county roadway with 60 feet of half right- of-way according to Dakota County. The Dakota County Plat Commission reviewed the plat and determined a small amount of right-of-way that should be dedicated with the plat to meet their right-of-way needs. No drainage and utility easements currently exist on either existing parcel. All required drainage and utility easements, according to city standards, should be dedicated with the Plat. P1araiing Report — SLn unerbrooke March 22, 2016 Page 9 The applicant will need to obtain all necessary permits from Dakota County for any work within the Diffley Road right-of-way. The applicant should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. The outlet pipe from the storm water pond and infiltration basin is shown to extent into the neighboring property to the east. The applicant should acquire a drainage and utility easement for all public utilities that extend onto neighboring properties. Tree Preservation — A tree inventory has been submitted with this application and then field verified by city staff. The tree inventory indicates that there are six -hundred forty (640) significant trees currently existing on site. According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple -lot, residential) is set at 40.0% of the total significant trees. With a proposed removal of five -hundred fifty-three (553) significant trees (86.4% of the total), the plan exceeds the allowable amount. Tree mitigation calculates to three - hundred fifty four (354) Category A trees (or an equivalent combination of Category B and/or C trees). An equivalent cash mitigation amount for this mitigation would be approximately $212,400.00. The applicant has submitted a Tree Mitigation Plan that indicates the installation of two -hundred sixty-one (261) Category A trees. This leaves a balance of 93 Category A trees or a cash equivalent of $55,800.00. The applicant has acknowledged that the tree mitigation balance will be fulfilled through cash payment. Additionally, the applicant should ensure the preservation of saved trees via protection of the preserved individual tree's critical root zones through the placement of required Tree Protective measures per City Code requirements. Financial Obli ag tion — At this time, there are no pending assessments on the parcels included with this development. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final plat or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or platting. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or Plat, with due allowances for easements and right-of-way required with the Plat: Im rovement I Use Rate I Quantity Amount Sanitary Sewer -Trunk I R1 $1,495.80/lot 133 lots $49,361.40 Total $49,361.40 Placa ing Report — Sumrnerbrooke March 22, 2016 Paee 10 Parks and Recreation — With this subdivision, the development is responsible for park and trail dedication. The City has the option of requiring a land dedication (equal to 10% of the subject site) or a cash dedication based on the adopted rates in effect at the time of Final Subdivision approval. Land dedications to satisfy the dedication requirements are generally requested when there is the opportunity to expand an existing parks space, create a park in an area identified as underserved or to protect a unique natural resource. It appears that none of these criteria are applicable with this development thus a cash dedication to satisfy the Park dedication requirement appears appropriate. Fees collected for park dedication are retained in a dedicated fund that can be used only for park improvement projects within the City, as approved by the City Council, Calculation Total individual units as proposed (minus existing) 31 2016 Per Unit Rate $3,475 Single Family Total Cash Dedication due $107,725 Trails Background — The City has recognized that the provision of a City wide, non -motorized trail system has health, safety and transportation benefits for residents. The trail system is intended to provide links to commercial districts, schools, recreational facilities and points of interest throughout the City. Opportunities to link, with the regionalized trail system are also developed when feasible. To this end the City has adopted a policy and procedures for collecting a Trail Dedication fee, or an equivalent area of land intended for a trail in lieu of a fee, during the development process. An additional option to satisfy the dedication requirement is a credit for the development of trails determined to have "public value" and that are consistent with the City trail plan. The credit is calculated upon a per lineal foot multiplier that includes current construction costs. Given the location of the Development a credit for the development of new trail sections may be appropriate. The credit cannot exceed the dedication due. There is one sidewalk proposed with this development: • Along the new public street accessing the Development site, connecting with the extension of Barrow Trail = 300 feet. Planning Report — Suimnerbrooke March 22, 2016 Page 11 Calculation Total individual units as proposed (minus existing) 31 2016 Per unit trail dedication rate $250 Trail dedication due Potential credit Public value trail length 300 Construction multiplier/lin ft $31.20 Total Trail Credit $9,360 Total Cash Trail Dedication due $0.00 VARIANCE $7,750 The applicant is requesting a Variance to the maximum cul-de-sac length; 800' versus 500' Variance Criteria — The Subdivision Ordinance states the City Council may grant Variances from the strict application of the provisions of the applicable Code provisions and impose conditions and safeguards in the variances so granted where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of such Code provisions. The surrounding area is developed with similar residential development and, while Variances to the Subdivision design requirements are not frequently requested, the City Council has approved similar requests in the past. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public and the applicant has requested the minimum variance to alleviate the practical difficulty. Further, as the applicant describes in the project narrative, the location of the existing stub street and site topography limit the flexibility of design which is an existing circumstance that does not result from their own action. Applicant's Practical Difficulty — The stated practical difficulty is due to the County preferred access onto Diffley Road sets the primary access point, existing development surrounding the site, topography and the wetland on the site, all limit the ability to provide a loop street within the development. SUMMARY/CONCLUSION In summary, the applicant is requesting approval of a Rezoning from A, Agricultural, to R-1 S, Small Lot Single Family for property located at 775 and 785 Diffley Road. Planning Report — Summerbrooke March 22, 2016 Page 12 The applicant is requesting approval of a Preliminary Subdivision (Summerbrooke) to create 33 single family lots upon 15 acres. As proposed, the lots will comply with R -IS standards and is consistent with low density residential. Access into the site is proposed via an extension of Barrow Ct and a new access onto Diffley Road. Sewer and water also will be extended into the site. Any existing well and septic on the site will need to be properly abandoned. On-site retention and water quality ponding is proposed, with storm runoff discharging into a constructed stonnwater basin, ultimately draining into a natural wetland. Tree preservation standards are satisfied through mitigation and cash payment. Cash park dedications will be required for the 31 new lots, payable at the time of Final Subdivision at the rates then in effect. Trail dedication is satisfied with the proposed public sidewallc. The conditions resulting in the requested Variance do not appear to be a result from the actions of the applicant and appear to be the minimum Variance which would alleviate the practical difficulty. ACTIONS TO BE CONSIDERED To recommend approval of a Rezoning from A, Agricultural to R -1S, Small Lot Single Family, upon 15 acres located at 775 and 785 Diffley Road. To recommend approval of a Preliminary Subdivision (Summerbrooke) to create 33 single- family lots upon 15 acres located at 775 and 785 Diffley Road. If approved, the following conditions should apply: 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, B4, Cl, C2, C3, C4, E1, F1, G1, H1, I1 and LI I. 2. The property shall be platted. 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. 4. 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. 5. Erosion control measures shall be installed and maintained in accordance with City Code and engineering standards. Planning Report — Surnmerbrooke March 22, 2016 Pasze 13 6. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. Well sealing records shall be provided to the City. 7. The applicant shall enter into an encroachment agreement with the City, in a form acceptable to the City Attorney, for all retaining walls located in drainage and utility easements. 8. All retaining walls shall be privately owned and maintained. 9. The applicant shall obtain and provide for review by the city attorney a temporary construction easement or agreement from neighboring properties for any off-site work necessary to construct the retaining walls. 10. This development shall meet all requirements of Minn. Rules Ch. 8420 including application to the City regarding the wetland boundary and any proposed wetland replacement. The City decisions regarding such application shall occur prior to Final Subdivision submittal. 11. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 12. The applicant shall provide adequately sized pre-treatment (e.g. forebay, etc.) at, or immediately upstream of, all stormwater management facility (e.g. infiltration basin) inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 13. The applicant shall provide unobstructed equipment access paths (without obstructions from grading, private utilities, landscaping, trees/branches, large shrubs, etc.), from street - edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access path (e.g. 15' width reinforced turf system from street edge to both forebay inlet areas) shall be capable of fully supporting typical maintenance/excavation equipment, for periodic maintenance access to the surface storm water facilities. 14. The applicant shall provide the City with soil boring logs prior to receiving city approval to permit land disturbing activity from a minimum of four soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise Planning Report — Sluinnerbrooke March 22, 2016 Page 14 the design and/or construction plans (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. 15. The applicant shall provide construction details, prior to receiving city approval to permit land disturbing activity, of the proposed infiltration system for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria, live planting/seeding/temporary & permanent erosion -control details, etc., to ensure infiltration practice is properly designed, constructed, planted, and adequately protected during/after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). 16. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with no less than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 17. Prior to receiving a Certificate of Occupancy for any affected residential construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. . 18. During infiltration system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than f- inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over- excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practice. Plaraiing Report — Sununerbrooke March 22, 2016 Paee 15 19. The applicant shall provide the City Engineer as -built plans before the City returns any Stormwater-related Performance Financial Guarantees on the development site, that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (forebay, infiltration practice, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the forebay and infiltration practice. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 20. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 21. The existing house on Lot 20, Block 1, shall connect to city sanitary sewer upon installation of the sewer in the development. 22. Two water and sewer services shall be installed from the utilities under the cul-de-sac during construction of the development to allow for future subdivision of Lot 20, Block 2. 23. The applicant shall acquire a drainage and utility easement for all public utilities that extend onto neighboring properties in a form acceptable to the City Attorney. 24. The applicant shall provide a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all home sites to permit third party providers to install FTTH within the neighborhood. This development shall install fiber optic cable, or a conduit for future installation, during construction of the development. 25. All construction traffic associated with this development shall access and exit the site only via the Diffley Road. 26. The concrete sidewalk proposed within public right-of-way shall be a minimum of 6 feet in width. 27. This development shall be subject to a cash parks dedication payable at the time of Final Subdivision at the rates then in effect. 28. The Development shall be responsible for the construction of 300 feet of "public sidewalk", consistent with the development plans and City specifications, for which a credit of $9,360 shall be applied towards the $7,750 Trail Dedication due, to satisfy trail dedication. Plamiing Report — Sunmlerbrooke March 22, 2016 Page 16 29. If Lot 20 is subdivided in the future, access shall be from the City public street. Additional park dedication shall be required for the new lot; however, trail dedication shall be satisfied as the applicant has exceeded the trail dedication due. 30. The applicant shall fulfill current tree mitigation requirements through the installation of two -hundred sixty-one (261) Category A trees and with a cash payment of $55,800.00. 31. Mitigation trees shall not be installed in any public easement area. 32. The applicant shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 33. The applicant shall schedule a site meeting with adjacent landowners to address actions required to protect critical root zones of off-site trees. The City of Eagan Supervisor of Forestry shall attend this meeting. 34. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. To approve a Variance to the cul-de-sac length from 500 ft. to 800 ft. for property located at 775 and 785 Diffley Road. If approved, the following condition should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state -facts showing a good faith attempt to complete or utilize the use permitted in the variance. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval, B. Easements and Rights -of -Way This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights-of-way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards, 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development, This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan, C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a permanent cul-de-sac, or temporary cul-de-sac to be removed upon further extension (on stub streets), constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights-of-way as required by the aligiunent of the cul-de-sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated .contract must be awarded by Council action prior to final plat approval, E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications This development shall fulfill its park, and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council, G. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as allowed under the City's tree preservation ordinance and as approved by the City Council. H. Stormwater Management and Water Ouality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. 1, Wetlands Protection and Management 1, This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action, J. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and/or Buffer Zone. K. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. L. Mailboxes 1. The construction and location of all mailbox supports shall be in accordance with the United States Postal Service policies and regulations for centralized delivery, and the locations shall be approved by the City Engineer and be identified in the final constructions plans for the development, Advisory Planning Commission Approved: August 25, 1987 City Council September 15,1987 Revised: July 10, 1990 Revised: February 2, 1993 Revised:. 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X r E F• �\ Z c I dz r LO Nk— IU ui t11 \ 1I a� : � l i All r � I § . ! \ 6 � yt rc a x t• � t '. \ SSS: I \. 4 \ 4 s w a o� v zu ass � s s F Fp �iat�d Date: February 17, 2016 To: City of Eagan From: DR Horton, applicant Re: SummerBrooke Revised March 3, 2016 We are pleased to submit this application for SummerBrooke to the City of Eagan. We are excited to create this new neighborhood along Diffley Road and look forward to working with the City. The property The property consists of about 15 acres of rolling, wooded terrain located on Diffley Road east of Lexington Avenue and west of Dodd Road. There is one small wetland on the north central portion of the site. There are existing single family homes to the north and west and one single family home on a large lot to the east. Diffley Road provides the border to the south with smaller lot single family abutting Diffley Road to the south. Zoning The property is currently zoned Ag. We are requesting a re -zoning to R -IS which will fit into the comprehensive plan designation of Low Density residential. The site is surrounded by R-1 to the north and west with one Ag lot directly east and R-1 further east of that lot. To the south is a smaller lot PD called Sunset. The lots within Sunset are 65' along Diffley Road and 70' wide to the south of that. Similarly, we are proposing lots in SummerBrooke to be 65-70' in width with the 65' lots generally along Diffley Road. All lots will meet the RI -S standards. RI -S is the most feasible use of the land because it is acting as a transition between the existing R-1 development and Diffley Road, a collector, and it fits within the comprehensive plan designation. Comprehensive Plan The property is guided for Low Density Residential development. This allows for 0-4 units/acre. We are proposing a development with a gross density of about 2 units/acre. We are not requesting an amendment to the comprehensive plan. Infrastructure The county has requested an access point on the east end of our property onto Diffley Road. We are showing it on the far eastern end of the project as requested, This will be the primary entrance to the development and will now provide an alternative access to the existing neighborhoods to the north. Due to the terrain, access points, and size of the property, we are proposing one cul-de-sac and we will connect to an existing stub road to the north. The site is easily serviced by surrounding utilities with water connections to the north and south and sanitary connection to the north. SummerBrooke will meet all required stormwater rules. ,I't"'ECEIVED MAR N 20A Tree Preservation and Mitigation We are proposing tree removal in excess of the 40% threshold. The ordinance allows removal of trees beyond this threshold with mitigation when "practical difficulties or practical hardships" exist. Due to the wooded nature of the site and the steep existing topography, in order to reasonably develop a low density neighborhood as allowed by the Comprehensive Plan, a majority of the site must be graded. There is additional negative impact to the trees due to the offsite drainage and the requirement to maintain emergency overflows from the west. This specific tree impact issue and the overall tree impact would occur regardless of lot size. We have worked hard to create a grading plan that will save as many of the trees as possible. There are areas of trees that are able to be saved along the perimeter. Any trees that will have minimal critical root zone (CRZ) impact will have a Tree Health Management Plan provided by Ken Arndt, a certified forester we have engaged for this project. As we move forward in the application process, we will continue to look for opportunities to save trees. Because of the wooded nature of the site, there will be significant tree mitigation required. We are proposing heavy buffers along Diffley Road and the perimeter of the property as well as significant numbers of street trees eventually creating a shade tree canopy effect along the proposed roads. It is our intent to provide an ample visual screen for all existing homes surrounding the property, Diffley Road, and for the new residents of SummerBrooke. The proposed trees will be evergreens of at least 12' in height and overstory trees at least 4 caliper inches in diameter. It is our intent to provide most of the mitigation in the form of new trees on site. Any mitigation trees that cannot be placed on site we understand we can provide cash -in -lieu to the City at a rate of $300/2.5" tree. Because all proposed mitigation trees are being planted on individual lots, the mitigation trees will be installed after grading and at the time of or following house construction, as appropriate. At a minimum, City required tree protection standards will be used to ensure existing tree protection and new tree survival including the use of tree protection fencing, extra protection of critical root zones when necessary, and watering of newly planted trees during the first growing season if rainfall is not sufficient. New trees will all have a one year warranty. We appreciate your time reviewing our application and look forward to working with Eagan as we move our application through the process. R- H 0 UR) N "' h-l'y'"s4P 0 -ep 'etwaptcwl; sw'43' Date: March 3, 2016 To: City of Eagan From: DR Horton, applicant Re: SummerBrooke Variance Request We are requesting a variance for the cul-de-sac length in SummerBrooke. The subdivision ordinance has a maximum cul-de-sac length of 500'. We have a cul-de-sac that is close to 800'. Chapter 13, Section 13.10 subd. 3 of the City subdivision ordinance outlines factors for considering a variance request: a. "Exceptional or extraordinary circumstances which do not apply generally to other properties in the same zoning or vicinity..." The practical difficulties lie in the limited access to the site, one access point being on the southeast to Diffley Road, a collector with limited access for which the County dictates access points, and the second one to the north connecting to the existing Barrow Avenue stub. These two access points to the site leave the bulk of the site without any other through -street options off the property. The other condition of the site making the longer cul-de-sac the best solution is the low area located in the north central portion of the site which Is the part of the site most conducive to be used for stormwater treatment. Because of the size and limited access points of the site along with the location of the low/stormwater treatment area in the north central portion, it is not feasible to design a loop road system In this neighborhood. Creating this longer cul-de-sac allows us to better use the existing low area and reduce our impervious surface with less road than would be required if we looped. 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." By cutting the cul-de-sac short by nearly 300 feet, we would be deprived of the use of a significant portion of developable property. The longer cul-de-sac allows us to have full use of the developable land, reduces the amount of impervious by not creating an unnecessary loop road, and does not require us to fill in the most ideal stormwater treatment area. c. "That special conditions or circumstances do not result from the actions of the applicant." The wetland/low area is a natural physical condition of the property. The only access points available for this development are dictated by the County and by an existing stub road to the north the applicant had no part in designing. n 9 <rMAR 00 20% B . "w"HOMN 0 . NE' �'.`, d. "That granting of the variance requested 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." There will be no special privilege conferred on the applicant by allowing this longer cul-de-sac, Applicant would like full use of the developable property. e. "The variance requested is the minimum variance which would alleviate the hardship." The cul-de-sac is the minimum length needed to fully develop the property in a way that conforms to all other 111-S standards and complies with the comprehensive plan designation of Low Density residential development. f. "The variance would not be materially detrimental to the purpose of this Code or to property in the same zone." The cul-de-sac terminus and road will be designed in conformance to all City standards for street and turnaround safety. The additional nearly 300' of cul-de-sac length does not create any additional detriment to any other properties in the same zone. Eagan has allowed longer cul- de-sac lengths in other developments around the City without issue. Thank you for taking the time to review our Variance application. Please contact us with any questions. C O U N T Y Dakota County Surveyor's Office Western Service Center 14955 Galaxie Avenue • Apple Valley, MN 55124 952.891-7087 Fax 952.891-7127 • www.co.dakota.mn.us March 11, 2016 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: SUMMERBROOKE The. Dakota County Plat Commission met on March 7, 2016, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CSAH 30, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed plat includes 33 single family lots on approximately 15 acres. The right-of-way needs for a four lane undivided/three-lane roadway are 60 feet of a half right of way. The plat should dedicate additional right of way on the eastern portion of the plat to meet the needs. The access spacing guidelines are % mile (1320 feet). There are two accesses to CSAH 30 shown on the plat ("Street A" and Lot 20). "Street A" is the main access and should be shown as right of way dedication along the eastern portion of the plat so a connection can be made with the existing driveway immediately to the east. As discussed, the developer is working with the neighbor to the east to eliminate existing driveway and connect existing driveway to "Street A" internally. Barrow Avenue is shown connecting to the north to Barrow Court, which is an important connection. The spacing distance between "Street A" and Lot 20 is only about 670 feet. Therefore, access to Lot 20 should be removed and shown as restricted access. However, the developer discussed an option to allow access to remain for Lot 20. The Plat Commission stated that the Lot 20 access could be allowed as a temporary access only; however, there needs to be more discussion regarding the conditions to permanently close the access In the near future. One of the conditions presented was when the existing owner (Rachelle Rose Fawcett) sells the property, then the driveway would need to be closed to CSAH 30 and access should be made internally to "Street A". The challenge is how to enforce the driveway closure in the future. The Plat Commission mentioned that the new deed for Lot 20 could include language regarding the temporary access to CSAH 30 and sale of Lot 22 would extinguish the access rights to CSAH 30 and require a connection to "Street A". The County Transportation Department would issue a temporary driveway permit to allow access to CSAH 30 until the conditions (sale, etc.) changed that would require driveway closure of Lot 20 to CSAH 30. Restricted access should be shown along all of CSAH 30 except of one access opening for "Street A". The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. Traffic volumes on CSAH 30 are 8,300 ADT and are anticipated to be 11,000 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County's rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission Mindy Peterson Kurt Manley Paul Thomas Mike Suel From: Karen DeBaun [mailto:karenyogam@gmail.com] Sent: Friday, March 18, 2016 8:28 AM To: jpkkenley@gmail.com Cc: APC Subject: proposed development Hi John, First of all, thank you for your input and ideas related to the proposed development project that you recently posted on NextDoor. Very helpful. I also received the flyer that was developed which provided many details on the project that I was unaware of. My primary concern is the re -zoning of the 15 acre parcel between Camberwell and Diffley Rd. I completely agree and support the idea of pushing back on a change from Agriculture to R1 S. I think it is reasonable and important to insist that the zoning match the surrounding neighborhoods at R-1. I also share the concern about construction traffic damaging roads that we all paid recent assessments on to resurface. Some commitment from the developer to repair any damage seems necessary. My last thought, and I am guessing that this has already been considered, but I wonder if the DNR has had a look at this proposal?? I am concerned about the environmental impact and drainage issues that could result. Messing with topography to this extent almost always has some major ramifications (such as runoff and flooding) and these should be considered carefully in the planning process. I am unable to attend the Advisory Planning Commission meeting to be held on March 22, so I will include them on this email as well. As a resident of Eagan for 26 years, I care deeply about these issues and hope that the Advisory Commission will heed our concerns. Thanks again for your efforts! Karen DeBaun 4081 Foxmoore Court Eagan MN 651-681-1672 Michael J. Ridley, AICP I City Planner I City of Eagan C6y Hail 15650 PI1.t Kncb Road I Eagan, MN 551221651.075,56501651.676.6694 IF-) I mddIa ,dcitvofa ..b no THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is thus fer u:,. only by the Intended reelpl-,. If you .,..,,ad IN. In error, Fla.. n Jacl the send., and calms the a -mall and Its attachments hem all computers. From: Andrew Elm [mailto:andrewelm@hotmall.com] Sent: Tuesday, March 22, 2016 4:30 PM To: APC Subject: New Proposed SummerBrooke Development Between Camberwell & Diffley I am writing to express my concerns regarding the proposed SummerBrooke housing development between Camberwell Drive and Diffley Road on Eagan's east side. I currently live In the Camberwell neighborhood and am very concerned about three Issues related to this new development: #1- My first concern relates to the proposed through road connecting Camberwell Drive to Diffley Road. Everyone living on Camberwell Drive and adjacent Pennsylvania & oxford neighborhoods and the attached cul-de-sacs are well aware of the problems we have with the neighborhood being used as a shortcut to the highschool. An additional connection to an arterial road, such as Diffley Road, will only exacerbate this problem and will likely lead to even more traffic entering from Northview Park Road and cutting through our neighborhood to get to Diffley Road, instead of using Braddock or Dodd. In speaking with the City Planner and Asst. City Engineer about the proposed through road, I have been told that: "The Barrow Ct. extension to Diffley Road was originally planned in 1991 to promote the interconnectivity of neighborhoods, provide another option for drivers to access the neighborhood, and allow for the full development of the property south of your neighborhood. City code limits cul-de-sacs to 500' In length. Without the connection to your development the total cul-de-sac length would be about 1,600'. Because that far exceeds code requirements, the development would not be able to extend a street to a large portion of the property without getting a variance. In order to get a variance, the property owner would need to prove a hardship." "...it is necessary to create another option for motorists to access the neighborhood, and Is needed to avoid Issues associated with excessive cul-de-sac lengths. " Firstly, the fact that the street construction was planned 25 years ago does not provide a valid argument for putting the road through from Camberwell to Dlffley today. A lot can change In 25 years. I would argue that the planners 25 years ago did not anticipate the high volume of traffic coming through our neighborhood during school start and stop times, as well as, normal commute times using Camberwell as a high speed bypass. No one In our neighborhood wants another'through' road from Camberwell Drive to a major street such as Diffley since we already have a traffic Issue with the through streets that exist now. Secondly, the developer is already requesting a variance for the length of the cul-de-sac — so the argument that not putting the In the through road would require a variance for the length of the cul-de-sac seems to be a non -issue. Additionally, there are many other existing, single outlet, cul-de-sacs In Eagan with much greater lengths and just as many, if not more, homes. For example, the Stonebridge Ponds development, at the corner of Diffley Road and Dodd Road, just to the east of the proposed new development is neither connected to the Camberwell neighborhood, nor does It appear to meet the city cul-de-sac length limit of 500 ft. Furthermore there is only a single outlet for homes. Regarding proving a hardship for the variance for the length of the cul-de-sac, I would argue that the increased traffic through our neighborhood would significantly Increase safety Issues for pedestrians, as well as, our children playing on or near Camberwell Drive. I request the city to consider an alternative road proposal for the new development such as: No through road from Camberwell Drive to Diffley Road. The new development would use the Diffley side as their only traffic access point and could connect to the rest of the neighborhood via a paved walking/bike path at the Barrow Court stub. Connect Camberwell Drive to the new development with NO through road to Diffley Road. #2 - My second concern is regarding the request to Re -zone the land to RI -S The requested R1 -S re -zoning will allow for too many homes to be packed Into this small area. This zoning does not match the rest of the surrounding development. Looking at other recent DR Horton developments, this would result In large houses packed closely together, which would magnify the traffic Issues, be out of character with the existing neighborhood In an unsightly way, and likely negatively impact the values of the houses nearby. Again I will point to the Stonebridge Ponds development to the East which has larger lot sizes (R-1) and homes backing up to Diffley Road. It also has nearly the same land area and only 16 homes. I request the city re -zone the proposed developmentsite R-1 to match the rest of the area, and reduce the number of homes on this site. #3 - My last concern is regarding the construction entrance on to the development site proposed to be on Camberwell Drive side of site DR Horton's Initial proposal (according the preliminary site plan) has the construction vehicle traffic to and from the site going through the Camberwell neighborhood. This will create safety (no sidewalks, lots of kids), nuisance (noise, dirt, traffic), and excess wear and tear on roads many of us have paid large assessments to have redone/repaired over the last several years. We were told last week at the meeting with the developer, DR Horton, on 3/17/2016 that they plan to use the Dlffley side as their site entrance. Can this be confirmed? If this Is not the case, I request the City to place the construction entrance on Diffley Instead of coming through Camberwell to ensure minimal or no construction traffic will be coming through our neighborhood. Thank you for your time. Please feel free to contact me with any questions you may have. Andrew & Laura Elm 4138 Barrow Court, Eagan, MN 55123 651-230-4678 andrewelm(@hotmall.com From: Dan Byrne [mailto:dj77byrne gmail.com] Sent: Tuesday, March 22, 2016 2:15 PM To: APC Subject: Proposed Development - Camberwell and Diffley To the Advisory Planning Commission: I am writing to express my concerns about a proposed development next to the Hills of Stonebridge 3rd Addition neighborhood. I expected homes to be developed at some point in time in the area south of Camberwell Dr. given the sign that has been posted for many years in the dead end opposite of Barrow Court (as a site for a future road) - as well as the presence of such a large and attractive plot of land. My concern at this point is the manner in which the development is proposed to take place. My concerns are in three areas: construction traffic, size of lots and drainage. I want to be sure that the construction traffic is using the Diffley Road entrance (as noted in the Planning Report presented at the 3/22/2016 Advisory Planning Commission meeting). This would prevent large noisy vehicles and all the accompanying dirt from taking over a very residential community known as the Monopoly neighborhood. This neighborhood is an outlet for the middle and high schools in the area, as foot and car traffic are a daily occurrence (thus a safety issue for our neighbors). The roads back there are curvy, thus with many turns and partial blind spots. We also just had these roads repaved and I feel we should do without the added traffic of heavy duty vehicles so as to maintain what was just put in place. I will acknowledge that the purchaser of the land should have some flexibility in choosing how they want to develop their property, but I do want to pause on the point of the size of their proposed lots - and push back on their rezoning request to go from R-1 to R -1S. The current neighborhood has a fine layout - with elbow room, if you will - and has matured in an attractive manner over the years. Rezoning this land would allow D.R. Horton to go below the 12,000 square foot minimum lot size (as I understand it) that we all enjoy. It would create an unsightly and congested development that is at odds with the intentional aesthetic currently in place. Large houses packed closely together should not be the trademark of new developments in Eagan. Finally, we enjoy beautiful natural/wetland areas in our part of the city. I am concerned that the degree to which the developer needs to rework the land (with dirt/fill, retaining walls) will have a negative impact on the nature and environment of our neighborhood. I thank you for listening to my concerns and would be happy to engage with you on any conversation regarding this development in the future. Warm regards, Dan Byrne 651.247.3 547 From: City of Eagan[mailto:webmaster@cityofeagan.comj Sent: Tuesday, March 22, 2016 1:52 PM To: City Council Subject: City of Eagan: Planned Development - Camberwell & Diff ley This is an enquiry email via http://www.citVofeagan.com/ from: Dan Byrne <di77byrne@gmail.com> Good afternoon, Councilman Bakken. I am writing to express my concerns about a proposed development in the neighborhood we share. (I am at 4060 States Avenue.) I expected homes to be developed at some point in time in the area south of Camberwell Dr. given the sign that has been posted for many years in the dead end opposite of Barrow Court (as a site for a future road) - as well as the presence of such a large and attractive plot of land. My concern at this point is the manner in which the development is proposed to take place. My concerns are in three areas: construction traffic, size of lots and drainage. I would prefer that the construction traffic come from the Diff ley Road entrance, to prevent large noisy vehicles and all the accompanying dirt from taking over a very residential community known as the Monopoly neighborhood. This neighborhood is an outlet for the middle and high schools in the area, as foot and car traffic are a daily occurrence (thus a safety issue for our neighbors). The roads back here are curvy, thus with many turns and partial blind spots. We also just had these roads repaved and I feel we should do without the added traffic of heavy duty vehicles so as to maintain what was just put in place. And in my experience from living for over 15 years in this neighborhood, there is not as much traffic on Diff ley east of the Braddock intersection - thus it makes sense to steer those large trucks to that access point of the new development. I will acknowledge that the purchaser of the land should have some flexibility in choosing how they want to develop their property, but I do want to pause on the point of the size of their proposed lots - and push back on their rezoning request to go from R-1 to R -1S. The current neighborhood has a fine layout - with elbow room - and has attractively matured over the years. Rezoning this land would allow them to go below the 12,000 square foot minimum lot size (as I understand it) that we all enjoy. It would create an unsightly and congested development that is at odds with the intentional aesthetic currently in place. Large houses packed closely together should not be the trademark of new developments in Eagan. Finally, we enjoy beautiful natural/wetland areas in our part of the city. I am concerned that the degree to which the developer needs to rework the land (with dirt/fill, retaining walls) will have a negative impact on the nature and environment of our neighborhood. I thank you for listening to my concerns and would be happy to engage with you on any conversation regarding this development in the future. Warm regards, Dan Byrne 651.247.3547 This map of course is not drawn to the absolute correct scale but, the concept is sound. By having the access to Diffley Rd. (Cty 30) placed where the proposed lot #24 is and creating a new lot "#24" in the SE corner this will help in traffic flow control and prevent any speed/safety issues in the Camberwell/ Barrow Ave. intersection. A four-way stop sign set at this intersection would also enhance safety. This would not move or reroute the connection to the existing neighborhood plus not need a variance for the over 500' cul-de-sac of Street A. As a further note it appears that where lot 24 is proposed is right where the existing access to that whole property already exists. This idea is submitted for your consideration. March 20.2D18 't:2.4085 Tax Part a, water Rigtrt vfW"day Easement .7.0225'. 0.0145 OM MI �t T Tax Paraet S ' h4ulti-avrner Parcel Pending tdvu'e 04W 0,07 004 k i Dedicated Right Df 'Nay Water I.rrTax Parcel. i�:�f PAQ IIs{ ¢SSA. kiK k➢0$&fAJ.!✓A {:A S.F\fliFiC !e -i Yitpar9{q f4 tip YjYldtaU:.hti.� (�$ $ Crf 4. k8:af:l` fl3C 9Ck311 dYw AhUc&S:c(d bb:1'u:�1YWlFs rc! is Ktk: Sk�ilY..9:}LY.l5i�6) k.Y i4'J!. "y`. iib.' Y.F9't'VSNR ktS&� From: Craig. R.Neudahl faa.gov[mailto:Craig.R.Neudahlc&faa.gov] Sent: Saturday, March 26, 2016 11:19 AM To: APC Subject: Proposed DR Horton Development on 775/785 Diffley Road To the Eagan Counsel; Please consider the attached suggestion for the proposed development by DR Horton. This idea may have already been considered and discarded but it wasn't proposed the night of the counsel meeting on the 22nd of March. The only problem for this idea I believe was the county not approving access to Diffley Road when in fact an access for the current property (775) already exists. On this point I feel that the county could be pressed for a variance on this matter. The attachment also shows further how HR Horton could redraw the plot design so as to not require the city's variance on cul-de-sac length (>500') while retaining their thirty-three lots. Respectfully Submitted; Craig R. Neudahl 763 Camberwell Drive Eagan, MN This is an enquiry email via http://www.ci.eagan.mn.us/ from: John Flynn <iflynn07O6@comcast. net> Dear Honorable Mayor and City Council Member: This proposed development (33 houses) will be addressed at the April 5th city council meeting. I will be out of town during this meeting but wanted to provide you with my perspectives. I am not opposed to building single family houses in the proposed area. I am concerned that the Advisory Planning Commission: Supports opening Barrow Avenue as an entrance to this planned development Changed the zoning from Agriculture to R -1S, as the surrounding community is zoned R-1 Supports the removal of 80+% of the existing trees The commission informed us that there is little space left to build in Eagan and that most situations going forward will have similar issues. The opening of Barrow Road is the most critical issue, as this will only bring more traffic into the area, specifically on Camberwell Drive. This is a safety issue as there are no sidewalks on Camberwell Drive or on any of the roads in the Hills of Stonebridge. Mr. Nelson told us that a traffic study had been conducted in 2007 and that the volume at that time was 300-500 cars per day, which he considered average. When one of my neighbors tried to question this study, he was told that the public segment was closed. I depended upon this elected commission to represent us at these hearings but no one asked any probing questions, such as when was the audit conducted: school days, holidays, weekdays, or during the summer? This is still a puzzlement for me. Additionally, no one added that a Cub, and other stores moved on to Diff ley Road after 2007, and that Diff ley Road underwent major road improvements/closures in 2009 that caused city/area residents to find alternative routes to get through town. I feel that some of those alternatives included Camberwell Drive and that this particular route stuck as a short-cut to the middle school and high school. My wife and I walk regularly and the traffic is higher that 12-20 cars an hour throughout the day. Even when parents put safety barriers out, cars continue to zoom through the street, above the posted speed limit of 30MPH. We kept hearing from the commission that the new development would need two entrances for emergency vehicles. A question was raised during the public hearing about having a bicycle/pedestrian path at the Camberwell Drive end of Barrow Avenue wide enough to accommodate emergency vehicle access. During the closed portion we were then told that no such path exists anywhere in town. I would ask that you look at the end of Leonard Circle and the path at the end of that cul-de-sac linked to Dodd Road. There are also many areas in town that only have only one access in/out, with more than 33 single-family houses. Two that come to mind are Widgeon Way off of Duckwood, and Wildflower Way off of Lexington Parkway. The Hills of Stonebridge / Camberwell area is zoned R-1. DR Horton's proposal is to zone the entire development as R -1S and that they will only put the smaller lots along Diff ley Road, and that those lots abutting Camberwell Drive and the current cul-de-sacs will be above 12,000 SF. I have concerns on how this zoning will affect current property values and taxes. DR Horton estimates that the property values will rise. Nice of them to say this but they could not provide examples and don't make those decisions. Another concern is drainage. Many of us have excess run-off now and as a result have sump pumps running for months. Who will validate DR Horton's work in grading, run-off containment, and retaining wall effectiveness? DR Horton has a word-of-mouth reputation for using a scorched -earth approach to readying lots for construction. They plan on removing over 80% (600+) of the existing trees and then planting 260 or so new ones. They are also planning on installing retaining walls on the northern and western ends of the development. They want to be good neighbors and have offered to put in fences to hide these. Why would they remove the border trees (non -buckthorn or non -box elder) on the berm and replace them with a fence? I asked the DR Horton team if they could also look at transplanting any removed trees to the berm. Mike (DR Horton) expressed interest in doing this so they can reduce paying fines to the city. There are also numerous deer and other critters on the development property and there is no announced mitigation plan for their well-being. At this same DR Horton information meeting, Horton was asked to consider reducing the number of houses to provide more green -space. The plan they presented at the planning commission session was unchanged. As I alluded to earlier, the commission informed us that there is little space left to build in Eagan and that most situations going forward will have similar issues. To generalize our concerns is just not helpful. I was pleased that one member of the planning commission actually cared enough to look at the property and Barrow Road stub (KUDOS to Joe Dierks) before the meeting. I would ask that each of you do the same before the April 5th meeting to see first-hand the various issues at hand. The planning committee acknowledged that they heard a lot of willingness to compromise from the residents present, yet rather than pausing and trying to get more information, the session turned into a quick rubber stamp for the developer. Although some committee members may have listened, in the end, only one member seemed to hear and care about our concerns. I sensed that the other members were more focused on DR Horton's inputs that those of the residents. I'm not sure what the goals of the planning commission are but I walked away with the impression that it was primarily to generate revenue. Unfortunately, this was done at the exclusion of the voiced concerns of tax -paying citizens. Thanks for your consideration! John John Flynn 4160 Kingston Court Eagan, MN 55123 (651) 307-6148 This is an enquiry email via http://www.ci.eagan.mn.us/ from: Susan Flynn <suellenflynn@comcast.net> To the Eagan City Council I live at 4160 Kingston Ct. My house is one of the many that will be affected by the Summerbrooke Development being proposed by D.R. Horton Builders. At the Planning Commission meeting I was struck by the indifference expressed by the Committee toward the community members who expressed concerns about the development. It felt as if we were wasting their time and they were humoring us by letting us speak not because they wanted to hear what we had to say but because they had no choice in the matter and were just trying to get through that part of the meeting before they could approve the proposal and move on. As soon as we were done they were quick to negate all our concerns as unrealistic or unnecessary by telling us such things as police reports that were nine years old should be held as valid proof that the neighbors who live in the area didn't know what they are talking about when they expressed worry about increased traffic and the safety of our walking students or young children playing. They tried to explain away why reducing the house numbers to make all lots R-1 and not R -1S as D.R. Horton is requesting was not an issue, even though all other lots in the developments surrounding the area are R-1. It seemed that most everyone's mind had already been decided before about 40 citizens showed up to express their serious concerns about the proposed plan. I will be out of town when the City Council vote on this so I would like to take a few moments to express my concerns. First I want to make it clear that initially when the neighbors met with D.R. Horton representatives the week before there was an air of compromise on both sides. They told us they did not want the Barrow extension to be opened either and hoped that the neighbors would be able to convince the Planning board to stop that. They told us the idea of a walk/bike path wide enough for emergency vehicles would suffice for their purposes. They volunteered to build whatever kind of fence we wanted on top of their retaining walls to prevent them from becoming dangers to small children and errant pets. They even stated they would try to transplant some of the trees to hide the retaining walls and give our homes the more natural look we were used to that they would be cutting into. But when we got to the Planning meeting all compromises were ignored and the Planning commission members pushed the D.R. Horton plans through as presented. This was not what I considered community awareness or community conscience as I would have expected from the Planning commission. The attitude that was displayed at the planning commission meeting will not get much cooperation from the neighborhood. Given the lack of compromise and limited attention paid to our concerns it is unlikely we or our neighbors will be very willing to compromise or work with the developer on the needed access or easements if the current plan goes forward. We have woods behind our house that are teeming with wildlife. We have a herd of deer, families of rabbits, owls, woodpeckers and the occasional bald eagle. When we bought our house 17 years ago we were informed the woods would never be developed. I know progress waits for no person but I also know that maintaining natural environments and green spaces are as important as building new houses. I still believe there is room for compromise on this project but the builder will have to stretch a little further before they get my approval. My thought is if we went back to the tables and brought out the compromises again we might be able to have a discussion that would benefit Eagan, appease the neighbors and satisfy the builder. If they reduced the number of houses even by 3 or 4 ( 1 against Diffley where they wanted to make R -1S lots: 1 across from the those that would also be R -1S lots and one or two from the Northwest corner)they would be able to keep every house an R-1. We hoped that they would be able to save more trees than they initially had planned for the sake of preventing erosion and draining issues and maintaining more natural space. Making Barrow extension a stub with a walk/bike path is an absolute must. There is no need for there to be another through road to Camberwell. It will only cause more safety concerns with the young families that have moved in recently. The way the plan stands they need to reexamine the elevations and drainage patterns to prevent water problems from developing in existing houses due to land leveling and tree removal. But most of all the Eagan City council needs to open their ears and hearts to the communities that will be affected by this building and decide if Eagan needs 3 more houses and one more through street at the expense of the communities that already pay taxes and enrich the neighborhoods that live in the Hills of Stonebridge. Thank you -for your time and attention, Susan E Flynn 4160 Kingston Court Cheryl Stevenson From: Ayrica Ash <ayrmail@icloud.com> Sent: Monday, April 04, 2016 11:10 AM To: City Council Subject: 755 Diffley Road and Summerbrooke Dear members of the Eagan City Council, We are writing to you today to express some of our concerns regarding the proposed Summerbrooke development adjacent to the western edge of our property. We are Gary and Ayrica Ash and we have owned the property at 755 Diffley Road since August of 1991. We love living and working in Eagan, have raised our four children here over the past 24+ years, and plan to remain here. In May of 1998 when our home was totaled in a windstorm, we rebuilt our home on this property rather than move, which would have been a simpler option. At that time, in anticipation of future development, we reoriented our house to face west so that we would be prepared for development. The Summerbrooke development as proposed however does not include us, and we see it as very detrimental to the continued enjoyment and value of our home and property. Here are some of our concerns with the proposed layout of the Summerbrooke development: • Summerbrooke storm water run-off: o The majority of our property is at a lower elevation than the Summerbrooke development so water run-off could negatively affect our property. o We have not received any information that gives us the details of the potential impact on our property of the development's ponding or run-off plans. o Barrow Road access to Diffley: o The proposed road into the development would be right next to our driveway access onto Diffley Road. We have no agreement with the developer to change our access. o Adding Barrow Road next to our driveway presents safety concerns. o The proposed right turn lane onto Barrow Road conflicts with our property, the walking path, and our driveway. o Turn -around and property line: o We have a paved driveway "turn -around" in front of our home that has been in place for over 25 years. The previous owners and we have used that turn -around continuously for parking, turning around vehicles, and also for basketball. o The proposed development plan shows the turn -around and our power lines on the neighboring property. o Dakota Electric records shows that the power lines to our home are on the property line which is approximately 15 feet to the west of our driveway. o Diminished value of our property: o Any development potential of our 5 acre parcel is eliminated with the proposed layout. o Our house would be facing the back of the development. From our front porch we would be looking at the backs of five large houses and the aesthetic enjoyment of our property would be greatly affected. We are willing to help this development proceed and have offered to sell up to 2.5 acres of our land if necessary, but we cannot support the development layout as proposed. We fear not only the technical concerns we expressed, but also the effect this would have on our market value. We have asked the developer to provide us with a plan that we could consider that is not detrimental to our property. All we have received is this same plan with the backs of five houses out our front door. At their request, we showed them how we would like to be included through a cul de sac to the west of our home. A cul de sac could be beneficial for the development and also address most of our concerns. Through emails the developer expressed interest in joining our home to the development through a cul de sac, but all we have ever been presented is this original plan. Thank you for your time and consideration of our concerns. We will be attending the city council meeting on Tuesday, April 5. Please don't hesitate to call or email if you have any questions. Sincerely, Gary & Ayrica Ash 755 Diffley Road ayrmail@mac.com 651.470.1117 Cheryl Stevenson From: Kelly Kenley <kellykenley@gmail.com> Sent: Monday, April 04, 2016 10:41 PM To: City Council Subject: Comments on proposed SummerBrooke development for 4/5/16 meeting Attachments: Slope of Barrow Stub jpg Dear Council Members, I am writing regarding the proposed SummerBrooke development that is being discussed at tomorrow night's meeting. I regret that I am unable to attend the meeting, however, I have already attended a presentation by the DR Horton and attended the Planning Advisory Committee (PAC) hearing last month and have participated in many neighborhood discussions about the proposed development. I live on the corner of Camberwell Drive and the Barrow Avenue stub. This new development will be in my backyard. I don't oppose the development of the land. I understand the trajectory of progress and have no issue with new houses being built behind my house. I do, however, have concerns with the development proposal as it currently stands. 1) Traffic in the existing neighborhood & plans to connect Barrow Avenue with Diffley Road Our neighborhood already has a problem with high school students and their parents cutting through the neighborhood to avoid the traffic back up at the traffic light at Diffley and Braddock. We are concerned that putting in another through road from Diffley will only serve to exacerbate this problem. Based on the traffic data collected by city engineers last week, it seems safe to conclude that 25-30% of the total traffic on our neighborhood streets can be attributed to people cutting through to access the high school/middle school campus. When we raised these traffic concerns at the Planning Advisory Commission meeting and with the city planning department employees we were told that Barrow Avenue needed to connect to allow for traffic originating in the neighborhood to have easier access to Diffley Road. We were told that this would relieve "neighborhood congestion." The traffic study shows no substantial traffic burden in the neighborhood outside of the school start and release times. The neighborhood does not want this roadway connected to Diffley. Our traffic concerns not just about the volume of traffic, but also about the speed of westbound traffic (completely unencumbered by stop signs from Dodd Road) and the type of driver. Many of these cars are driven by teenagers who are distracted by cell phones, friends in the vehicle, etc. Our neighborhood is in the walking zone for the high school and middle school, so while these drivers are buzzing through our neighborhood, our kids are walking on the edge of the road to get to and from school. We have a strong neighborhood community with a lot of dog owners and other residents who enjoy walking our streets. Our neighborhood is starting to turn over to new, younger families with young children who want to ride bikes and scooters on the street. We already have safety concerns with walking and biking on our roads with the current traffic situation. The Eagan 2030 Comprehensive Plan states: "the distance from home to work, the lack of a feeling or safety for pedestrians and bicyclists, and time spent commuting in cars all contribute to how often people are active. Communities are seeking ways to make it safe and convenient for people to integrate physical activity into their daily routines... Making it safe and convenient for people to integrate physical activity into their daily lives is important for Eagan to consider in its planning efforts" We support the city's commitment to connecting neighborhoods encouraging physical activity. We propose a walking path at the end of the Barrow stub to connect the existing neighborhood to the new development. This would allow residents of both neighborhoods access to additional neighborhood streets for walking and biking. In addition, it would give children who live in the future development a secondary way to walk home from the middle school and high school without walking along Diff ley Road. At the PAC meeting we were told the city "doesn't do that" because the path would not connect to any existing paths. We would encourage the city to look at the larger picture and think outside the box for win-win solutions when merging old and new development. There was some discussion about public safety access to the neighborhood and we have suggested that this path could be wide enough to accommodate emergency vehicles if necessary. 2) Sight lines and stopping distance at Camberwell/Barrow intersection At the back of our property is a 14' hill (height based off of the survey submitted to the city with the proposed SummerBrooke development). It is a steep hill that rises 14' over a short distance -- less than 30' by my estimate. I have attached a photo, taken from my yard, of the hill. Our property line runs roughly along the top of the hill. Both my husband and I as well as our neighbors across Barrow will not allow the developers to re - grade our yards to put the road through. Their other available option is to put in retaining walls on the easement. We have been told that these retaining walls will be approximately 8 feet tall. The road will also have a 6% grade coming down to the Barrow/Camberwell intersection. We are concerned about sight lines (for both Barrow and Camberwell) approaching the intersection with the steep hill and tall retaining walls. 3) R-1 S zoning is not consistent with the surrounding neighborhoods The developer has requested that the land be re -zoned R-1 S to allow for smaller lots along Diff ley Road. This is inconsistent with the surrounding R-1 neighborhoods and I don't think that the developer has a compelling case for deviating from the character of the surrounding neighborhood. The 2030 Land Use plan for Low Density Residential land states: "Lot sizes are generally consistent with R-1 zoning standards, however, smaller lot sizes exist in older single family neighborhoods and in some planned developments. The creation of new small lot subdivisions may also be appropriate in situations where a) maintenance organization or exterior maintenance provisions strategies are in place, b) the site contains unique physical characteristics that can be preserved through use of smaller lots and/or cluster design, and c) the development design is consistent with the surrounding neighborhood. " The proposed development does not meet any of these criteria for smaller lot sizes. The developer wants smaller lots in order to fit more units onto the available acreage. 4) Cutting down trees/soil erosion The developer's proposal includes cutting down all of the trees up to the property line at the back of my house. Myself and my neighbors are concerned about long-term erosion when the mature trees at the top of the hill are removed (the property line run right along the top of the hill). We understand that erosion fencing would be used during the construction process, but have serious concerns about the long term stability the top of the hill and the ways in which our property may be negatively impacted several years out by the tree removal. I don't want to stop the development of this land. However, I and my neighbors raised these concerns at the PAC hearing and felt that our concerns were dismissed without serious consideration. I hope that the experience at the city council hearing will include more circumspection. Thank you for your consideration. Kelly Kenley 750 Camberwell Drive 612-963-7591 t L-1:17 -•_ .4 �k .4 Cheryl Stevenson From: John.Kenley@gaIliard.com Sent: Tuesday, April 05, 2016 8:21 AM To: City Council Subject: New Development at Summerbrooke To the Eagan City Council; I would like to include my correspondence with the city engineers on the lack of benefit the Barrow Court/Ave. connection will provide to the neighborhood as either part of the exhibits or correspondence, as it is too extensive to cover during the commenting period during the meeting. Thank you, John Kenley 750 Camberwell Drive M GALLIARD John Kenley, CFA Investments %.7 Capital las. 612.667.1519 1 john.kenlevCa�galliard.com A4!{M4tti4t of WORV491MIN/ 110114TONA From: Kenley, John Sent: Friday, March 25, 2016 2:28 PM To: 'Aaron Nelson'; 'andrewelm@hotmail.com' Cc: 'kellykenley@gmail.com'; 'Sarah Thomas'; 'Mike Ridley'; 'jpkkenley@gmail.com' Subject: RE: Traffic Study Aaron, Maybe I haven't been clear in what I mean. While I can appreciate that in general, generalities are true, when looking at our area I believe they are nearly all untrue. And those few points on which they might be true our neighborhood would choose the tiny downsides of the status quo rather than the risk of additional thru traffic when our kids are walking to school. In part I am assuming that ideal designs from traffic flow would not incentivize traffic to move off of arteries and feeders and onto neighborhood streets when the shortest path is on arteries and feeders. I.e. thru traffic from outside a neighborhood is not attractive both for safety and engineered traffic load for a road. You present three arguments: Public safety access, faster internal travel due to limited access, and the high school congestion. Public safety access: Below I will show from the 2 most likely directions (North-West & South -East) and one of the less likely directions (North-East) there is no improvement in access with a Barrow-Diffley connection. There is only fraction of a minute (at best) improvement from the South-West direction, and those most directly impacted by it are those most opposed to the connection. We have weighed the risk of fraction of a minute in an extremely rare situation vs. increased risk for our children on a daily basis for 3/4s of a year for 7 years for each child, from heavier high school traffic. Faster internal travel: in periods outside of school/rush hour times, part of the Camberwell loop could save 3/1Oths of a mile in travel to get on westbound Diffley. No other area that you circled would benefit and no other direction of travel benefits when compared to current feeder/artery access. We prefer the current travel to the risk of increased traffic. During school/rush hour there is no improvement, since that area of Diffley will be avoided, as the school generated backup prevents fast westward travel. Also eastward access to Dodd and Diffley would be faster on Camberwell/Oxford due to fewer turns. At best a very modest improvement for a limited population during low traffic periods of the day, and when given a choice that population would chose the current access setup. High School Congestion: Below I will diagram out why it will not improve the congestion, it may actually worsen the back up on westbound Diffley at Braddock. Also this argument is at odds with earlier statements you have made. You have expressed a belief that the connection would create no additional thru traffic on Camberwell, States, and Pennsylvania. These statements are direct contradictions, the traffic that is removed from the existing congestion on Diffley must go somewhere, and the only place the new connection would allow it to go is those 3 streets. Also this would be at odds with designed for safer traffic flow as you are using neighborhood streets to relieve congestion on arteries and feeders. Public safety Public safety access from the most likely directions will be unaffected by the through street at Barrow. The most important access is likely police or fire. Our neighborhood already has excellent fire access times with a station at Dodd and Diffley and the access at Barrow is inferior to current access. New access: Current access: Distance is identical and the existing access includes 2 fewer turns and they will already be at speed passing Barrow, while with the new access they would need to re -accelerate after turning onto Camberwell. The second most likely direction is from the North West (Lexington & Wescott) since the police station is on Wescott. Current access: • J-t"C34cOti _• .:]- � r r • ��..�1 ' ; ` �� + � rte,-+ �!+"•7 . Z � • j . JORr ro Is _ •i / '� . i'.. .. tee. r � - t . ' � • ,l� � • L' +� � `� r � �' s , � • � � .JI r . 1 • Eitt�. � • . r - � v.ie✓✓ ,-.moi r • - � � FhQs • 1 ��Youlh 8asl�rfpnll I EF pah e l ? � yt , �, �,`�� ; { •_ � Camberwd t Qr `t��Wrscatt-RSi- �WCSrOftRd - ,. - 2.26 MI From the North-East (Wescott & Dodd) there would be no change, and the ideal access to the new development would be off of Diffley when coming from that direction (all arterial, fewer turns to navigate). From the South-West(Lexington & Diffley): To States & Camberwell new Slightly longer route, more arteries, one more turn, likely a time toss-up. No material improvement in access, and the more you move back into the monopoly neighborhood the current access is clearly better than the new access. To Camberwell and Barrow existing: To Camberwell and Barrow new access: The one winner of the bunch, though it's still only 3 tenths of a mile and less than a minute. And I guarantee you given the relative risks of needing that minute or less of emergency response from the least likely direction vs. more traffic on our kids' daily pedestrian route to school everyone in that area would choose no connection at Barrow (everyone in from those houses spoke against the connection at the planning commission meeting). Camberwell & Oxford existing: Camberwell & Oxford new: A tossup, you save 3 tenths of a mile but have one more turn and spend a lot more time off of arteries. And again vs. the small risk of a fraction of a minute for emergency services, from the least likely direction vs. daily walking to school for children, again the neighborhood would choose no connection. School Congestion The red areas are avoided by any commuters. There is a large back up on Diffley from those wishing to turn right onto Braddock and there is a backup on Northview at Braddock as those wishing to take left turns have to wait on those taking right turns. The blue arrows are where school traffic that is avoiding the Diffley back-up comes from. The blue path is the route they take to the school, also the route out most commuters use. The new access will not help commuters, everyone west bound will avoid the line on Diffley, which will still exist and if you are already on Camberwell going to Dodd is a strait shot rather than weaving through the new development. Congestion would be made worse by more traffic on the blue route. Currently where Pennsylvania and Braddock and the school parking lot entrance meet you end up with a lot of turn taking,between those on Braddock and Pennsylvania (yellow circle). This provides a benefit to those who cut through the neighborhood, essentially the shorter line on Pennsylvania allows them to skip ahead of people lined up on Diffley. Turn taking is inherently less efficient than if most of the cars on Braddock coming from Diffley would just take the left turn in a mostly steady fashion. More traffic through our neighborhood leads to more turn taking and a slower moving backup on Diffley. At the end of the school day heading straight across the intersection onto Pennsylvania allows them to avoid the back-up from those wishing to take a left onto east bound Diffley. And the new connection will not provide any relief to Camberwell past Barrow or Oxford, since the new Diffley connection will not be controlled, so Dodd south of Diffley and Diffley east of Dodd will be easier to access at the controlled Dodd & Diffley intersection. GALLIARD John Kenley, CFA Investments ctpiul Man F&CM46t.II , 612.667.1519 1 iohn.kenley(WgaIIiard.com Aftaaaatelk of #*VC1112E1i3 101LOTi0fts From: Aaron Nelson[mai Ito: anelson(d)cityofeagan.com] Sent: Thursday, March 24, 2016 4:41 PM To: Kenley, John; andrewelm(cbhotmail.com Cc: kellykenley@gmail.com; Sarah Thomas; Mike Ridley; ipkkenley@gmail.com Subject: RE: Traffic Study John, the entire network of neighborhood streets is impacted by every street connection to the surrounding major roadways (see air photo below). Every access is another opportunity for traffic to get in/out of the neighborhood, and helps distribute traffic more efficiently. If a connection is removed and/or doesn't exist, traffic then needs to drive through more neighborhood streets to get in/out. If a connection is added, then there is another option for people to take, and it may help relieve other routes that are overwhelmed. The overall traffic volumes aren't expected to really change, but people's routes may shift one way or another. Some of the existing traffic issues include congestion near the high school, not having a second option to get to Diffley Road forces people to drive through more neighborhood streets to get in/out of the neighborhood, further distance/time for public safety to get to the central portion of the neighborhood, and people may be driving faster than they normally would on internal streets because they have to drive a further distance to get in/out of the neighborhood. �;� ��� �-•-�.rr fir- -� '��.. s• .'�% (�..ti �► � "•�Jw� VIP •r? i �° JP Air IF ALI Kiw .;c 'F 1; Ioll ;;sl r. iIW40k4��. r�a . t`-+�� ate'_ r' a.+•r f� � -.` ,.f ir..�.+,.•s•,�iv � .![�� •1 - OW From: John.Kenley@galliard.com [ma ilto:John.Ken ley(a)gaIIiard.com] Sent: Wednesday, March 23, 2016 3:25 PM To: Aaron Nelson; andrewelm(a>hotmail.com Cc: kellykenley(d)gmail.com; Sarah Thomas; Mike Ridley; jpkkenley@gmail.com Subject: RE: Traffic Study Aaron, Could you please outline which specific areas (streets/platts) you believe would benefit from the additional connection when you say the entire area? Also what are the existing traffic issues that could be alleviated by another access to Diffley? Thanks John GALLIARD John Kenley, CFA Investments Capitol Monxsmm.hcc 1612.667.1519 ,acreres �€ a�;gtes tarue�o.r� I 1 ohn.kenle y(a-galliard.com From: Aaron Nelson [ma iIto: anelson-bcityofeagan.com] Sent: Wednesday, March 23, 2016 2:38 PM To: 'Andrew Elm' Cc: Kelly Kenley; Sarah Thomas; Mike Ridley; John Kenley; Kenley, John Subject: RE: Traffic Study Andrew, Thank you again for attending the meeting last night, and I apologize for the lack of clarification on the access requirement question. City code does not get that specific on access requirements ... we need to rely on best engineering judgement and generally accepted neighborhood design guidelines to interconnect neighborhoods and provide multiple access points where possible. City code does, however, limit the length of cul-de-sac, as we've previously discussed. My recollection from the APC meeting last night is that the commission saw a practical difficulty for the 800' cul-de-sac due to topography, wetland, ponding, the existing northern access to Barrow Ct., and the southern access location to Diffley Road determined by the county, and was supportive of recommending a variance for that cul-de-sac. I did not hear support to grant a variance for the whole neighborhood to be one large 1,600' cul-de-sac since they are able to make the connection to Barrow Court, and this connection is consistent with the original design of your neighborhood. When looking at the design of a subdivision, we need to look beyond the area immediately adjacent to the connection point and consider what is best for the entire surrounding area as a whole. Using best engineering judgement, another connection between the existing neighborhood and Diffley Road would benefit the entire area, and potentially help alleviate existing traffic issues that result in not having enough access's to Diffley Road. This is the same philosophy that was used when this thru street was originally determined in 1991. Aaron Nelson I Assistant City Engineer I City of Eagan q T1 City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1651-675-5635 1651-675-5694 (Fax) I anelsonC@cityofeagan.com 41PO'City a{' l EaWin 11 THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: Andrew Elm[mailto:andrewelm(cbhotmail.com] Sent: Wednesday, March 23, 2016 11:36 AM To: Aaron Nelson Cc: Kelly Kenley; Sarah Thomas; Mike Ridley; John Kenley; John Kenley Subject: Re: Traffic Study Aaron, I would like to request a point of clarification from you regarding the Advisory Planning Commission meeting last night (3/22/16). A question was raised by one of the Commission members regarding the proposed through road to Camberwell Drive. The question asked was: "Is there a city requirement that there be more than one access point for subdivisions such as the proposed SummerBrooke development in the city?" Your response did not, in my opinion, definitively answer the question. I had expected a Yes/No answer to this question, but instead you provided an opinion on what the city desires. So I'll ask the question again. Is there a county or city requirement that there be more than one access point for subdivisions (such as SummerBrooke) within the city of Eagan? If so, could you please provide the specific municipal code citation (or other reference) that states as much. Thank you, Andrew Elm andrewelm@hotmail.com From: Aaron Nelson <anelson@cityofeagan.com> Sent: Wednesday, March 23, 2016 8:11 AM To:'John Kenley' Cc: Kelly Kenley; Andrew Elm; Sarah Thomas; Mike Ridley Subject: RE: Traffic Study Here you go A409 �+ _8C D E F G H t 2 3 33 Camberwell! Dr. W. of OxfoM Rd. 54 Camberwell Dr. W, of Foxmoore Ct SS CamberweDDr. N. Horth of Camberwelor. uin, 12 Aaron Nelson I Assistant City Engineer I City of Eagan .City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1651-675-5635 1651-675-5694 (Fax) I anelson(a citvofeagan.com I My of Eagn THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: John Kenley [mailtoJpkkenley(cbgmail.com] Sent: Tuesday, March 22, 2016 10:22 PM To: Aaron Nelson Cc: Kelly Kenley; Andrew Elm Subject: Traffic Study Aaron, Could you please send us a copy of the 2007 traffic study that was sited at this evenings meeting? Thanks John Kenley 13 Members of the Eagan City Council, I would like to express a couple concerns I have regarding the proposed new SummerBrooke development planned between Diffley Road and Camberwell Drive on Eagan’s east side. I am a resident of the Camberwell neighborhood and feel that the preliminary subdivision, as proposed, will negatively impact the existing surrounding neighborhoods. Below are my concerns: Concern #1 - Proposed Through Road Connecting Camberwell Drive to Diffley Road in the Preliminary Subdivision Most residents living on Camberwell Drive and adjacent Pennsylvania neighborhood, as well as, the attached cul-de-sacs are well aware of the problems we have with the neighborhood being used as a shortcut to the high school. An additional connection to an arterial road, such as Diffley Road, will only exacerbate this problem and will likely lead to even more traffic entering from Northview Park Road and cutting through our neighborhood to get to Diffley Road, instead of using Braddock Trail or Dodd Road. In speaking with the City Planner and Asst. City Engineer about the proposed through road, I have been told that: “The Barrow Ct. extension to Diffley Road was originally planned in 1991 to promote the interconnectivity of neighborhoods, provide another option for drivers to access the neighborhood, and allow for the full development of the property south of your neighborhood. City code limits cul-de-sacs to 500’ in length. Without the connection to your development, the total cul-de-sac length would be about 1,600’. Because that far exceeds code requirements, the development would not be able to extend a street to a large portion of the property without getting a variance. In order to get a variance, the property owner would need to prove a hardship.” “…it is necessary to create another option for motorists to access the neighborhood, and is needed to avoid issues associated with excessive cul-de-sac lengths. “ Firstly, the fact that the street construction was planned 25 years ago does not provide a valid argument for putting the road through from Camberwell to Diffley today. I would argue that the planners 25 years ago did not anticipate the volume of traffic coming through our neighborhood during school start and stop times as well as normal commute times using Camberwell as a bypass for Diffley/Braddock. Since that time, the high school enrollment has dramatically increased and new commercial and retail development has taken place just to the south west of our neighborhood. Secondly, the developer is already requesting a variance for the length of the cul-de-sac – so the argument that not putting in the through road would require a variance for the length of the cul-de-sac is a non-issue. No one in our neighborhood wants another through road from Camberwell Drive to a major street, such as Diffley, since we already have an existing traffic issue with the through streets that exist now. This traffic issue is not a result of residents trying to get in and out of our own neighborhood, but rather a result of others using our neighborhood as a bypass to get around congestion at Diffley Road and Braddock Trail during certain times of the day. Adding an additional outlet to Diffley would only bring in more traffic. The Eagan Assistant City Engineer himself indicated as much during the Advisory Planning Commission meeting on March 22, 2015, and Commissioner Piper reiterated this by stating that he was swayed by the City Engineer’s comment “that North-South congestion on Braddock is going to be relieved in part by this connection to Barrow Avenue.” This comment is alarming to me since we are talking about using a residential neighborhood to alleviate the congestion of a main city thoroughfare. The streets in the Camberwell and adjacent Pennsylvania neighborhoods were not intended to be sued as main traffic arteries to get to and from the high school, but rather for residents to get in and out of their neighborhood. Regarding the argument that there needs to be an additional option for drivers to access the proposed new SummerBrooke neighborhood, there is no specific city safety or fire ‘requirement’ that subdivisions in the City of Eagan have more than a single inlet/outlet to the development. I have confirmed this with the Assistant City Engineer himself. As a matter of fact, there are a number of other existing, single outlet, cul-de-sacs in Eagan that are much longer and contain just as many homes. For example, the Stonebridge Ponds development at the corner of Diffley Road and Dodd Road, just a quarter mile to the east of the proposed new SummerBrooke development, is neither connected to the Camberwell neighborhood, nor does it appear to meet the city cul-de-sac length limit of 500 ft. Furthermore there is only a single outlet for these homes. Granite Drive (Stonebridge Ponds) neighborhood West of Dodd Road and North of Diffley Road. There is a single inlet/outlet road and the development includes 16 homes Below are other examples: Great Oaks Trail West of Elrene Road and South of Yankee Doodle Road. There is a single inlet/outlet road and the development includes 31 homes Woodland Court neighborhood West of Elrene Road and South of Yankee Doodle Road. There is a single inlet/outlet road and the development includes 20 homes Wild Rose Court neighborhood West of Elrene Road and South of Yankee Doodle Road. There is a single inlet/outlet road and the development includes 31 homes Granite Lane neighborhood West of Elrene and North of Wescott Road. There is a single inlet/outlet road and the development includes 23 homes In his comments regarding the safety concerns the residents have about existing traffic in and out of our neighborhood at the City Advisory Planning Commission meeting on March 22, 2016, the Assistant City Engineer discounted our concerns stating that these were ‘perceived’ traffic issues. As a result, I requested information from the Eagan Police Department regarding traffic stops, traffic details, driving complaints, extra patrols, etc., over the last 4 years for the Camberwell and Pennsylvania neighborhoods. The results showed the following. Since 2012, in the Camberwell and Pennsylvania neighborhoods, there have been: • 16 extra patrols as result of driving complaints • 97 traffic stops (with 32 citations issued) • 13 accidents • 4 traffic details These numbers are for incidents only within the residential areas of these neighborhoods and do not include the surrounding county and main city roads. For a small residential neighborhood, these statistics seem quite excessive and lend little weight to this being a perceived traffic issue. I request that the City Council deny the preliminary subdivision plan and that they consider the alternative road proposal for the new development below: • No through road from Camberwell Drive to Diffley Road. The new development would use the Diffley Road side as their only traffic access point and could connect to the rest of the neighborhood via a paved sidewalk or walking path from the Barrow Court stub to the new development wide enough to support emergency vehicles if needed. • This is a reasonable compromise that would provide a useable connection to the existing neighborhood as well as an alternative emergency access to the new SummerBrooke neighborhood if needed. At the same time it would avoid bringing any additional traffic into a neighborhood that already has traffic and associated safety issues. Again, at the March 22, 2016 City Advisory Planning meeting, the Assistant City Engineer what asked if there were any other neighborhoods that had a similar walking path such as the one being requested by the residents of this neighborhood. His response was that he was unaware of any others in the City of Eagan. There are, in fact, a number of other developments in the City of Eagan that have a similar walking path from the neighborhood to a main road or even to another neighborhood, such as: The path at the end of Leonard Circle thru to Dodd Road The path at the end of Deerwood Path connecting to Oakbrooke Terrace The path connecting the Clemson Court cul-de-sac to the Heinstrasse Street cul-de-sac Concern #2 - Request to Re-zone the land to R1-S The requested R1-S rezoning will allow for too many homes to be packed into this small area. This zoning does not match the rest of the surrounding development. Looking at other recent DR Horton developments, this would result in large houses packed closely together, which would magnify the traffic issues, be out of character in an unsightly way, and likely negatively impact the values of the houses nearby. Again I will refer to the Stonebridge Ponds development just to the east of the proposed new development which has homes with larger lot sizes and is zoned R-1. This development also borders Diffley Road and has about the same land area with only 16 homes. It was pointed out at the City Advisory Planning Commission meeting on March 22, 2016 that the development to the south of Diffley is zoned Planned Development (PD) and likely has lots smaller than 12,000. My response to that comment is that the development to the south of Diffley is, in no way, part of our Camberwell/Pennsylvania neighborhood since they are separated by a busy county road. We are concerned about the zoning of the SummerBrooke development because it will have a direct connection to our existing neighborhood. Also at the meeting on March 22, 2016, the City Planner stressed that the proposed SummerBrooke development would be approximately 2.2 units per acre which matches or exceeds the existing surrounding developments. I argue that this is a misleading figure since: • 2 of the lots (33,750 sq. ft. and 22,529 sq. ft.) are considerably larger than most others and contain a large portion of unusable wetland • 1 lot (25,008 sq. ft.) has an existing home on it already • Yet another lot is 23,428 square feet – these four lots skew the actual units per acre average. • 13 of the lots in the proposed development do not meet R-1 standards and range in size from 9750-10,319 I understand the need for Eagan to make smaller home lots available for people who want less to maintain, or simply can’t afford a home with a larger lot, but these homes should be built in an area where it makes good sense to do so. I request that the City Council deny the request to rezone this area as R-1S, and alternatively, request the developer to deliver a site plan that fits the R-1 zoning guidelines in order to match the existing neighborhoods and reduce the number of homes on this site. Zoning this land as R-1 would likely require the elimination of a mere 3-4 homes (maximum) from the proposed preliminary subdivision. Summary At the Eagan City Advisory Planning Commission meeting, the Commision voted 4-2 to approve the cul-de-sac length variance, the re-zoning request and the preliminary subdivision proposal which included the through road from Diffley Road to Camberwell Drive. I believe it is meaningful that two commission members voted against this plan and should give pause to the City Council to really consider the impact of the proposed plan on the existing neighborhoods before giving it the rubber stamp. In voting against the preliminary subdivision plan, Commissioner Jane Vanderpoel Gutknecht stated she “did not think it is a great development.” She also stated “I wish it could be improved” and that “there are a lot of things wrong with this plan.” Commissioner Joesph Dierks, the only member to actually come out and look at the site, also voted against the preliminary subdivision, as well as, the rezoning and variance requests, stating he had major concerns regarding the engineering of the through road and the safety implications it may have for the existing neighborhood. Commissioner Dierks also indicated that there should be some compromise on this matter as the concerns of the residents are valid ones. He even proposed that the city consider an alternative, such as, two cul-de-sacs and no through road. The residents of the Camberwell neighborhood are not opposed to this new development. At the same time, we are not excited about it either. However, we understand that there needs to be some amount of compromise on the proposed plan and it needs to take into consideration both planning and engineering concepts, as well as, the impact on the surrounding neighborhoods. Sadly, it was made very evident at the City Advisory Planning Commission meeting that the City Planning and Engineering departments are unwilling to compromise. Thank you for your time and consideration with this matter. Andrew P. Elm 4138 Barrow Court Eagan, MN 55123 651-230-4678 andrewelm@hotmail.com Data was Area: Do (North/S Date Ra Call Typ Complai Count o Total Co Summar See attach Ca D D Ex Pa A Tr Tr by s obtained from Camb odd Road & South) nge: Januar pes Include nts, and Ext f Select Cal unt of Select ry of Calls a hed map for all Type etails‐Traffi riving Comp xtra Patrol arking Com ccidents raffic Stop raffic Stops y Citation Prepar m the Eagan/L Tr berwell Dr Braddock T ry 11, 2012 ed: Traffic St tra Patrol ll Types in A t Call Types and Traffic area details. 2 ic plaint plaints Cleared red by Angela Logis CAD Sys at the ti raffic R rive/Penns Trail (East/ – March 28 top, Details Area durin during Date c Stops resu 2012 20 0 3 1 42 5 23 9 Backer‐Hines stem on 3/29/ ime of the rep Related sylvania A West) and N 8, 2016 ‐Traffic, Acc ng Date Ran e Range: 70, ulting in Cit 013 201 2 8 6 76 2 25 13 s, Crime Analy /2016 and acc ort. d Data Avenue Ne Northview P cidents, Driv nge: 272 0,445 tations for 14 201 0 2 4 3 6 7 0 4 2 18 1 6 3 yst curately reflec eighborho Park Road & ving Compl Each Year 15 2016 2 1 6 0 2 19 3 cts the informa od & Diffley Av laint, Parkin : 6 to date 0 0 1 0 0 12 1 ation venue ng Traffic Related Data Camberwell Drive/Pennsylvania Avenue Neighborhood January 11, 2012 ‐ March 28, 2016 Legend Traffic to date 2016 Traffic Incidents 2015 Traffic Incidents 2014 Traffic Incidents 2013 Traffic Incidents 2012 Neighborhood μ0 0.06 0.12 0.18 0.240.03 Miles Creation Date: 20160331 Created by: Angela Backer-Hines, Crime Analyst Data was obtained from the Eagan/Logis CAD System on 3/29/2016 and accurately reflects the information at the time of the report. All incidents were able to be mapped. Advisory Parks & Recreation Commission March 21, 2016 Page 2 CONSENT AGENDA There are no consent agenda items to be discussed at this time. DEVELOPMENT PROPOSAL SummerBrooke Development Assistant Parks & Recreation Director Jared Flewellen gave a brief over of the SummerBrooke project. DR Horton, Inc. is proposing a Preliminary Subdivision to create 33 single-family lots upon approximately 15 acres located at 775 and 785 Diffley Road. After discussion with the Commission, Member Neuman moved, Member Morris seconded with all member present voting in favor of the Alternate 1 and Alternates 3 thru 13 to be considered for recommendation to the to the City Council: Aye: 6 Nay: 0 Commission Member Neuman moved, and Member Morris seconded with all member present voting against Alternate 2 proposed 6’ sidewalk. This sidewalk section did meet the 8’ requirement as indicated in the trail dedication policy and should not be considered toward the trail dedication fees: Aye: 6 Nay: 0 OLD BUSINESS Parks Master Plan Assistant Parks & Recreation Director Jared Flewellen gave a brief over of the final Parks Master Plan. After brief discussion with the Commission, Member Todd-Harlin moved, Member Morris seconded with five Commission Members voting in favor of the Alternate 1 for recommendation to the City Council: Aye: 5 Nay: 1 (Member Peterson) Forecast Public Art Contract Recreation Supervisor Julie Andersen gave a brief over of the Forecast Public Art contract. After brief discussion with the Commission, Member Todd-Harlin moved, Member Farlee seconded, with all members present voting in favor of the Alternate 1 for recommendation to the City Council: Aye: 6 Nay: 0 NEW BUSINESS There are no new business items to be discussed at this time. OTHER BUSINESS AND REPORTS Civic Arena & Cascade Bay 2015 Facility Report Agenda Information Memo April 5, 2016, Eagan City Council Meeting NEW BUSINESS C. Comprehensive Guide Plan Amendment (Fire Station 1) — City of Eagan Action To Be Considered: To direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from HD (High Density) to QP (Public/Quasi-Public) upon approximately 4 acres located at 4230 Blackhawk Rd. Required Vote For Approval: ➢ Comprehensive Guide Plan Amendments —At least four votes Facts: ➢ The Applicant is requesting a change in the land use designation from HD (High Density) to QP (Public/Quasi-Public), for approximately 4 acres. ➢ The site was guided MD (Medium Density) prior to 2013 when the property to the east was developed as a 4 -story, 151 unit, senior housing development. ➢ The property is currently zoned PD (Planned Development). ➢ The property was cleared and graded as part of the senior housing development to be "pad ready". ➢ The Concept Plan identifies a 15,000 sq. ft. fire station, located along the east property line. ➢ The Advisory Planning Commission held a public hearing on the request at the March 22, 2016, meeting and did recommend approval. Issues: None 60 -Day Agency Action Deadline: N/A Attachments: (4) NBC -1 Location Map NBC -2 Draft March 22, 2016 APC Minutes NBC -3 Planning Report NBC -4 Exhibits Advisory Planning Commission March 22, 2016 Page 2 of 12 IV. PUBLIC HEARING New Business A. Fire Station 1 Applicant Name: City of Eagan Location: 4230 Blackhawk Rd Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment to change the land use designation from HD, High Density, to QP, Quasi-Public/Institutional. File Number: 29 -CG -01-02-16 Application: Rezoning A Rezoning from PD, Planned Development to PF, Public Facilities, for a Fire Station upon approximately 4 acres. File Number: 29-RZ-03-02-16 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 14, 2016. Member Dierkes questioned the need for the Fire Station at this location. Fire Chief Mike Scott provided the history of the Fire Department including response times and a challenge with recruitment, stating it's critical to be near major arteries and where volunteers live. Member Sagstetter referenced the public correspondence received pertaining to noise associated with the development. Chief Scott explained they do not have a Full Time staff; therefore, no ambulances will be located at this site, thus they do not have the call volume as other cities. He referenced the Fire Safety Center and how that is surrounded by residential and the neighbors do not even know they are there. They try to be good neighbors. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from HD, High Density to QP, Public/Quasi-Public for a Fire Station upon 4 acres located at 4230 Blackhawk Rd. All voted in favor. Motion carried 7-0. Advisory Planning Commission March 22, 2016 Page 3of12 Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Rezoning from PD, Planned Development to PF, Public Facilities upon approximately 4 acres located at 4230 Blackhawk Rd. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 14, 2016 APPLICANT: City of Eagan PROPERTY OWNER: City of Eagan REQUEST: Comprehensive Plan Amendment Rezoning LOCATION: 4230 Blackhawk Rd COMPREHENSIVE PLAN: HD, High Density ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 29 -CG -01-02-16 29-RZ-03-02-16 HEARING DATE: March 22, 2016 APPLICATION DATE: Feb. 27, 2016 PREPARED BY: Sarah Thomas The City is requesting approval of a Comprehensive Guide Plan Amendment to change the land use designation from HD, High Density, to QP, Quasi-Public/Institutional, and a Rezoning from PD, Planned Development to PF, Public Facilities, for a Fire Station upon approximately 4 acres located at 4230 Blackhawk Road. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, Planning Report — Fire Station 1 March 22, 2016 Page 2 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 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 subject property was part of a two -lot subdivision that created this —4 -acre lot from part of the 10 -acre parent property in 2013, which was developed as Eagan Pointe Senior Living. Eagan Pointe Senior living is a 151 unit 4 -story senior housing development. EXISTING CONDITIONS Tree removal and rough grading occurred on the subject site at the time of the senior housing development in order to create a "pad -ready" site for future development. The 2013 staff report noted the future developer of Lot 1 would be responsible for tree mitigation. According to the plan submittal, significant tree removal resulted in loss of 126 significant trees (75.4% of the total for Lot 1) which equates to 116 Category B replacement trees or $34,800 cash dedication in lieu of tree replacement. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Comprehensive Guide Plan Amendment: The City is proposing a change in the land use designation of this 4 -acre site from to HD, High Density to QP, Quasi-Public/Institutional. QP, Public/Quasi-Public, is a general land use category which provides areas for uses that may be either public or privately owned and operated, but are intended for general public use. Municipal facilities, fire stations, places of Existing Use Zoning Land Use Designation North Diffley Road, Diffley Square shopping center NB, Neighborhood Business. RC, Retail Commercial East Senior Housing PD, Planned Development HD, High Density Residential South Multi -family attached R-4, Residential Multiple HD, High Density Residential West Multi -family attached PD, Planned Development MD, Medium Density Residential EVALUATION OF REQUEST Comprehensive Guide Plan Amendment: The City is proposing a change in the land use designation of this 4 -acre site from to HD, High Density to QP, Quasi-Public/Institutional. QP, Public/Quasi-Public, is a general land use category which provides areas for uses that may be either public or privately owned and operated, but are intended for general public use. Municipal facilities, fire stations, places of Planning Report — Fire Station 1 March 22, 2016 Page 3 worship, schools, museums, cemeteries and utilities are examples of uses allowed in this category. The Comprehensive Guide Plan specifies which zoning districts are considered consistent and compatible with each land use designation. The City proposes the Quasi-Public/Institutional land use designation to allow for consistency with zoning of the property as PF, Public Facility. Rezoning: Public Facility Zoning — The purpose of the Public Facility zoning district allows for city, state, and federal government buildings. The Fire Station is a permitted use in this zoning district. PROPOSAL The City is proposing a 15,272 sq. ft. Fire Station. The submitted narrative and Concept Plan identify the intent to break ground this spring with completion in February 2017. The Concept Plan calls for the building to be located near the east edge of the property, which according to the narrative is to maximize paving areas to allow for adequate distance for apparatus existing and training on site. ENVIRONMENTAL IMPACTS Topography — The 3.75 acre site is generally open with a small grove of mature trees in the northwest corner. The site was previously graded with the Eagan Pointe Senior Living development in 2014 to accommodate the future development of this property. The property generally slopes from east to west, with elevations ranging from 944 to 906 Wetlands — A small portion of City Pond AP -51, classified as natural wetlands, is located on this parcel. Because the fire station construction will not result in any wetland alteration activities, the City's Wetland Protection and Management Regulations (City Code §11.67) do not apply. Tree Preservation — As mentioned previously, tree mitigation of 116 Category B trees or a cash dedication of $34,800 is required of the subject parcel due to tree removal of 75.4%. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The subject site is not located within the designated contours of the Airport Noise Policy Zones and as such, no noise mitigation measures are required. Summary — Environmental Impacts There are no apparent environmental impacts that cannot be addressed with existing City Ordinances. The wetland ordinance does not apply to this site. City's tree preservation ordinance requires tree mitigation of 116 Category B trees or a fee of $34,800 payable at time of Planning Report — Fire Station 1 March 22, 20 t G Page 4 Building Permit due to the trees removed to create the site. No noise mitigation measures are required since the site is not located within the designated Airport Noise Policy Zones. INFRASTRUCTURE IMPACTS Storm Drainage — The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan — 2007). The site currently drains to a storm water pond along Blackhawk Road in the west central portion of the site. The pond connects to an existing storm sewer system under Blackhawk Road, which flows to city pond AP -7 on the west side of Blackhawk Road. Sanitary Sewer — Lateral sanitary sewer of sufficient size, depth, and capacity is available along the center of the site, for connection with development of the property. Sanitary sewer District W (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. Water Main/Supply — Lateral water main of sufficient size and capacity is available through the middle of the site, for connection and extension with development of the property. Water Quality — Any development will need to comply with the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control. They also provide for: minimization of impervious surface area and maximization of infiltration and retention; acceptable complementary storinwater treatments; pond requirements; regional ponding; and maintenance of private storinwater facilities. Streets/Access/Transportation — The site is fronted by two public streets (Diffley Road and Blackhawk Road), and one private street (Holden Path). The primary access for development is to Blackhawk Road and Holdpn Path. No access to Diffley Road will occur as County access spacing requirements would not be met. Public trails are located along Blackhawk Road and Diffley Road. A sidewalk is located along Holden Path to serve the development. Easements/Permits/Rights-of-Way — Sufficient right-of-way and drainage and utility easements were dedicated as part of the Eagan Pointe Senior Living development. 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. Summary — Infrastructure Impacts Public street access is available to Blackhawk Road. Sanitary sewer and water main service are available to serve redevelopment of the site. Any redevelopment of this site would be subject to City ordinances related to storm water volume and rate control, as well as pollutant control and water quality management. Planning Report — Fire Station 1 March 22, 2016 Page 5 COMPREHENSIVE LAND USE IMPACTS Land Use Designations — QP, Public/Quasi-Public, is a general land use category which provides areas for uses that may be either public or privately owned and operated, but are intended for general public use. Municipal facilities, Pre stations, places of worship, schools, museums, cemeteries and utilities are examples of uses allowed in this category. The Comprehensive Guide Plan specifies which zoning districts are considered consistent and compatible with each land use designation. The current High Density designation has been in place for only a few years as the site was guided Medium Density prior to the senior housing development approvals in 2013. Compatibility — The compatibility varies with the type and size of proposed development; however, in general, QP uses are compatible with most uses through the City. Access Needs — Access needs vary with the size of the development. Developments that generate a substantial amount of traffic should be located with easy access to arterial and collector roads. However, some uses (e.g. elementary schools) may be compatible within a low density residential neighborhood and accessed by local roads. As previously stated, the primary access for development is to Blackhawk Road and Holden Path. Physical Suitability — The Comprehensive Plan states that physical requirements of QP uses varies greatly as some require large buildings and others do not contain a permanent structure at all. Structures related to these uses may have unique designs that can be tailored to the constraints of any given site. Dealing with physical site constraints becomes primarily an issue of development cost rather than feasibility. The submitted concept plan appears to meet bulk standards set forth in the accompanying zoning district. Summary — Comprehensive Land Use Impacts This request appears compatible with Comprehensive Plan objectives. PARKS AND RECREATION SYSTEM Park Dedication — Land dedications to satisfy the dedication requirements are generally requested when there is the opportunity to expand an existing parks space, create a park in an area identified as underserved or to protect a unique natural resource. There is no need for a land dedication in this case as this area is served by two existing neighborhood parks, Carnelian and Meadowland Parks. Planning Report — Fire Station 1 March 22, 2016 Paae 6 Trail Dedication — Typically, development of the site would be responsible for a trails dedication. As per past practice and policy, the dedication could be met with a cash payment and/or credit given for the development of trails internal to the site that have public benefit. The adjacent Senior Housing development satisfied its Park and Trail requirements at time of development with a cash dedication for Parks and Trails along with a partial credit for two trail sections that were installed with the development, along the East side of Blackhawk Road and along the private street, Holden Path, accessing the development. The staff report at that time noted that Park and Trail Dedication due for the development of Lot 1, "should be independent of this Development and will be determined during the development review process for that lot." Summary — Parks and Recreation Any redevelopment of this site by a future user would be subject to park and trail dedications. The subject area is served by two existing neighborhood parks, Carnelian and Meadowland Parks. SUMMARY OF FINDINGS In evaluating this proposal, the following items should be considered: General Considerations • The City is requesting a change in land use designation to QP, Quasi-Public/Institutional, for 4 acres of property located south of Diffley Road and east of Blackhawk Road. • The land use designation is proposed to allow for a Fire Station on the site. • The submitted Concept Plan proposes a 15,272 sq. ft. building. Environmental Impacts • The site was previously graded, resulting in the removal of 126 significant trees (75.4% of the total for Lot 1). Per the Tree Preservation Ordinance, tree mitigation of 116 Category B trees or a cash payment of $34,800 is due at time of Building Permit. The site is generally open but does contain some heavily wooded areas. A tree inventory and tree preservation plan will be required at the time of a specific development application. Planning Report — Fire Station 1 March 22, 2016 Paee 7 • A natural wetland is located on the site but per the submitted Concept Plan will not be impacted by development. • No noise mitigation measures are required since the site is not located within the designated Airport Noise Policy Zones. Infrastructure Impacts • Public street access is to Blacichawlc Road. • Any redevelopment of this site would be subject to City ordinances related to storm water volume and rate control, as well as pollutant control and water quality management. • Sanitary sewer and water main service are available to serve redevelopment of the site. Comprehensive Land Use Impacts • QP, Public/Quasi-Public is a general land use category which provides areas for uses intended for public use whether privately or publicly owned. • The submitted concept plan and narrative propose a Fire Station located near the east perimeter of the 4 acre site. • The proposal appears generally compatible to the surrounding developed properties. Parks and Recreation System • An existing trail runs along the East side of Blacichawlc Road and the South side of Diffley Road. • A sidewalk also exists along the new private street, Holden Path, which accesses this development. • Any redevelopment of this site would be subject to park and trail dedications. SUMMARY/CONCLUSION In summary, the City is requesting approval of a Comprehensive Guide Plan Amendment from HD, High Density to QP, Quasi-Public/Institutional, a Rezoning from PD, Planned Development to PF, Public Facility, for this 4 acre site to allow a 15,272 sq. ft. Fire Station. The Fire Station appears compatible with existing uses in the surrounding area. Planning Report — Fire Station 1 March 22, 2016 Paae 8 ACTIONS TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from HD, High Density to QP, Quasi-Public/Institutional, for a Fire Station upon approximately 4 acres located at 4230 Blackhawk Rd. To recommend approval of a Rezoning from PD, Planned Development to PF, Public Facilities upon approximately 4 acres located at 4230 Blackhawk Rd. Alm NO U01.1els a -ii J -U -B-61. ez- Gvo�j /Gliji(I - - - - - - - - - - - - - - - - - - - 0 Eml . .. . .... 7,4'"f"" Eml . .. . .... uoslnH,g uulnt) walP..kj A-q,eJs OM 12 MA, I Zlm"W U01 .jels 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124 - 7580 (952) 431 - 4433 EAGAN FIRE STATION #1 PROJECT NARRATIVE February 16, 2016 The Eagan Fire Station #1 project consists of a brand new fire station for the City of Eagan which will take the place of two existing stations in a more centralized location to better serve the City at the southeast corner of Blackhawk Road and Diffley Road. This site is currently designated in the Comprehensive Guide Plan as High Density (HD) and this submittal is requesting that it be redesignated to Public/Quasi-Public (QP) to allow for the use of a fire station at this location. The centralized location of this site allows for better firefighter response times to the surrounding neighborhoods which is a benefit to the community. Locating a fire station in the midst of High Density and Medium Density is a more appropriate placement than being located within a Low Density area due to density, noise, and traffic volumes. The site is also currently zoned as Planned Development (PD) by the City of Eagan which allows for a fire station as an appropriate use. Eagan Fire Station #1 is intending, to break ground this spring with construction leading to a substantial completion date of February 15, 2017. The building is designed to be 15,272 square feet housing five apparatus bays, offices, a training room, apparatus support spaces, storage, dorm rooms, a kitchen/dayroom and a mechanical/electrical room. The building footprint is placed near the east edge of the property to maximize paving areas to allow for adequate distance for apparatus exiting and training on site. The building aesthetic uses similar materials and themes as the current Eagan Fire Safety Center to create a universal building image for the Eagan Fire Department. There is a light creme accent brick at the base of the building with a dark red main brick above and cast stone window sills. The second floor roof and tower roof consist of standing seam metal panels with the remaining roof being a prefinished metal facia parapet. The west fagade encompasses a tower element with a backlit clock and wrap around clerestory that will become an iconic landmark for the City. In summary, this change in the Comprehensive Guide Plan will be compatible with the surrounding uses and will serve the City by providing this important public safety facility at a central location within the service area of this station as well as near a major county arterial road and the entrance to interstate highway I -35E. Respectfully submitted, Quinn Hutson, AIA, LEED AP Principal CNH Architects P:\Projects\2015\15046\2 - Design\City Review (Site, CUP)\Comprehensive Guide Plan Amendment Narrntive.docx From: Mike Ridle To: mark.fili i a metc.state.mn,us; "Vanderpoel, ]ane"; "Dan Piper" (pine0008Calumn.edu); Daniel Sagstetter (daniel saostetterCaloutiook.com); irdimmn@aol.com; woebkemCalgmail.com; Ben.weimertCa)gmail.com cc: Sarah Thomas; ]on Hohenstein; Julie Strid; Mike Scott Subject: Fire Station Application Date: Tuesday, March 22, 2016 2:07:34 PM FYI -----Original Message ----- From: City of Eagan[mailto:webmastern.cityofeagan.comj Sent: Tuesday, March 22, 2016 1:54 PM To: Mike Ridley Subject: City of Eagan: 29 -CG -01-02-16, 29-R2-03-02-16 Dear Mr. Ridley As the homeowner at 4235 Blackhawk Rd. and probably the most affected by the proposed zoning changes for the Fire Station 41. I would like to express my deep concerns over the impact this will have upon my single family home. Some history, prior to the sale of the property by Mr. D. Holden and plans provided by the developer of the senior building, no mention of the fire station idea was ever mentioned until after the sale. At which time Mr. Holden and myself were informed of the possibility of the fire station. My number one concerns obviously are the sirens and related emergency vehicles now exiting directly across from my residence and the 24 hour mayhem that would be in place with a full time fire station. I would also note that there appears to a large swath of unused property just to south on Blackhawk between Walnut Trails and the 35E bridge, which in my opinion would be less intrusive than the current plans to all residents with better site lines for emergency vehicles. So, please take note of my concerns as an Eagan resident for nearly 40 years and reconsider the impact and the rational for this proposed development. Sincerely, James Ashworth 4235 Blackhawk Rd.