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09/06/2016 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 6, 2016 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. RECOGNIZE retirement of Susan Smart, Police Clerical Technician, for her 19 ½ years of service for the City of Eagan IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. APPROVE Exempt Permit for The Open Door to hold a raffle on October 2, 2016 at 2750 Sibley Memorial Highway F. APPROVE Exempt Permit for the Eagan Foundation to hold a raffle on November 12, 2016 at 3125 Dodd Road G. APPROVE contract for inspections of Subsoil Sewage Treatment Systems and approve resolution to modify the City Fee Schedule H. APPROVE Resolution to accept donation from Eagan Hockey Association I. AWARD contract with Construction Results Corporation for construction of storage room at the Eagan Civic Arena J. APPROVE Resolution to accept donation from Blue Cross Blue Shield K. APPROVE Resolution to accept donation from Honeywell International’s PAC Charitable Gift program and Marvin Raway L. APPROVE Final Subdivision for Dakota Path 6th Addition M. APPROVE consulting contract with Hoisington Koegler Group Inc., to assist the Planning Division with the 2018 Comprehensive Plan Update N. RECEIVE Final Assessment Report for Project 1192, Johnny Cake Ridge Road – Street Improvements and schedule Public Hearing for October 4, 2016 O. RECEIVE Final Assessment Report for Project 1193, Denmark Avenue, Timbershore Additions & Pilot Knob Heights Additions – Street Improvements and schedule Public Hearing for October 4, 2016 P. RECEIVE Final Assessment Report for Project 1196, Cedar Grove 3rd Addition – Street Improvements and schedule Public Hearing for October 4, 2016 Q. RECEIVE Final Assessment Report for Project 1203, Mallard Park 2nd Addition– Street Improvements and schedule Public Hearing for October 4, 2016 R. APPROVE Change Order No. 2, Contract 16-04 – Central Maintenance Facility Renovations S. RECEIVE Petition to Vacate Easements/ Northwest Parkway right-of-way MV Eagan Properties, and schedule a Public Hearing for October 4, 2016 T. AWARD City Contract 16-25, Denmark Avenue Rain Gardens Renovation—Phase 2 (Outdoor Lab Landscape Design, Inc. for Planting Phase) U. AWARD City Contract 16-26, Water Resources Infrastructure Maintenance (Outdoor Lab Landscape Design, Inc. for Rain Garden Inlet Rehabilitation in Golden Meadow Neighborhood) V. APPROVE Wetlands Delineations and Temporary Impacts – Northern Natural Gas Project W. APPROVE Contract 16-24, Central Maintenance Facility Renovations security, access control and paging services X. APPROVE a resolution accepting a radio promotion in kind donation for Eagan Market Fest Y. APPROVE AccessEagan Non-Exclusive Access and Use Agreement with DataBank Holdings LLC Z. APPROVE Exempt Permit for Twin Cities Trout Unlimited to hold a raffle on October 14, 2016 at 1501 Central Parkway V. PUBLIC HEARINGS A. CERTIFY Delinquent Utilities Bills B. CERTIFY Delinquent Nuisance Abatement Bills C. VARIANCE – Yankee Doodle Substation - A Variance of 10 feet to the required 30 foot minimum structure setback in a Public Facility District Located at 940 Yankee Doodle Road VI. OLD BUSINESS VII. NEW BUSINESS A. CONDITIONAL USE PERMIT- Gerten’s – A Conditional Use Permit to allow the operation of a commercial yard waste recycling, composting facility and landscape center located at 805 Yankee Doodle Road B. CERTIFICATION of the Preliminary 2017 Budget and Property Tax Levy, and setting of the Public Meeting Date on which the budget and levy will be discussed 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 4b� City of Eakan mm TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: SEPTEMBER 2, 2016 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 6, 2016 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 6, 2016 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 6, 2016, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Recognize the retirement of Susan Smart for her nineteen years and nine months of service to the citizens of Eagan Facts: ➢ Ms. Smart was hired January 1, 1997. Her last day working will be September 9, 2016 ➢ Ms. Smart will be presented a plaque in appreciation of her service to the City of Eagan Attachments: (0) Agenda Information Memo September 6, 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 the August 8, 2016 Special City Council meeting, and August 16, 2016 regular City Council meeting as presented or modified. Attachments: (2) CA -1 August 8, 2016 Minutes CA -1 August 16, 2016 Minutes MINUTES SPECIAL CITY COUNCIL MEETING AUGUST 8, 2016 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Bakken, Hansen and Tilley. Councilmember Fields arrived at 6:25 p.m. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Director of Parks and Recreation Pimental, Assistant Parks and Recreation Director Flewellen, Public Works Director Matthys, City Planner Ridley, Finance Director Pepper, Assistant Finance Director Feldman, Director of Communications Garrison, Police Chief McDonald and Fire Chief Scott, ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye:4 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. FIRE ADMINISTRATION BUILDING UPDATE City Administrator Osberg introduced the item noting the City Council last discussed the Fire Administration Building at its February 9, 2016 workshop. At that time City Council directed staff to work through the Finance Committee and report back at a future City Council workshop. Osberg noted updated cost projections from CNH have been received along with feedback from a reputable commercial real estate broker with regard to the options associated with renting or selling the building. Art Works Eagan submitted a proposal to rent the Fire Administration Building that has previously been distributed to the City Council. The Finance Committee conducted a meeting on July 20, 2016 and has provided the following recommendation for further consideration and review by the Council: a) The Parks and Recreation Department should move its operation to the Fire Administration Building. b) The City Hall/Police remodeling project should be downsized accordingly. c) Once the Eagan Convention Visitors Bureau (ECVB) has completed its obligation to pay the City back for capital costs of its space at the Community Center by 2026, the City and ECVB should evaluate the ECVB moving into the upstairs of the Fire Administration Building. Mayor Maguire provided a brief history of the Fire Administration Building. He noted the proposal received from Art Works Eagan. He stated he is comfortable hearing a presentation in September from Eagan Art Works on their business model, and encouraged Art Works Eagan to be open to exploring additional locations other than the Fire Administration Building. Finance Director Pepper walked through the Cost Comparison Analysis Spread Sheet. The Council discussed options for the future use of the Fire Administration Building. Potential concerns were raised with the City entering into a tenant relationship with a group of citizens. It was Special City Council Minutes August 8, 2016 Page 2 suggested that Art Works Eagan explore and demonstrate how the eventual purchase of the building could be a possibility. It was the consensus of the City Council to hear the presentation from Art Works Eagan at the September 13, 2016 Special City Council workshop. GENERAL FUND BUDGET PRESENTATION City Administrator Osberg introduced the item noting Council will be reviewing the preliminary 2017 General Fund operating budget and the proposed property tax levy. Any modifications to the proposed levy and budget will be presented to the Council at the September 6, 2016 regular City Council meeting. Finance Director Pepper noted the City is required by State law to certify a proposed payable 2017 property tax levy to the County Treasurer -Auditor on or before September 30, 2016. Any adjustments requested by the Council can be made in time to meet the September 30th deadline. Pepper provided additional background pertaining to the preliminary general fund balance, market value and tax capacity, and local tax capacity trends. Osberg provided additional background pertaining to the proposed increase in the General Fund expenditure budget. Osberg added the proposed General Fund Budget reflects an increase of 4.48 percent over the 2016 budget. He provided an overview of the proposed General Fund Budget as it relates to specific departments and operations, and summarized the public policy issues for the City Council's consideration. Assistant Finance Director Feldman walked through the General Fund Budget and Fund Balance. Finance Director Pepper gave a staff report on Market Value and Tax Capacity. Osberg noted formal action on the levy and preliminary 2017 General Fund budget are scheduled for the regular City Council meeting on September 6. Dakota County is holding its Truth in Taxation hearing at the first December regular City Council meeting. The City Council will be asked to adopt the final 2017 budget and levy at the December 15, 2016 regular City Council meeting. The City Council discussed the proposed 2016 budget and the proposed payable 2016 Property Tax Levy. There was Council consensus that the budget level at a 4.5 percent increase was appropriate. There was Council consensus that the proposed department budget items were appropriate. There was Council consensus that the proposed total tax levy of 4.5 percent was appropriate. There was Council consensus that the allocation of the preliminary tax levy was appropriate. Mayor Maguire directed staff to research and bringing back information for the Council to review at the September 6th meeting, the following questions: 1) what are the implications of taking one million from the fund balance and buying down the levy for the purpose of dedicating that amount to either capital projects or debt service? 2) What would be the impact in the current year? 3) What would the impact be in future budget years? 4) And, what is staff's opinion on such utilization of the fund balance? City Administrator Osberg commented that staff is working on a new approach for the budget open house, including greater use of social media to engage the community in the budget process. Special City Council Minutes August 8, 2016 Page 3 There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 7:42 p.m. Aye:S Nay:O Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 16, 2016 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting: Present were Mayor Maguire and Councilmembers Bakken, Hansen and Tilley. Councilmember Fields arrived at 6:25 p.m. A regular meeting of the Eagan City Council was held on Tuesday, August 16, 2016 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Director of Community Development Hutmacher, City Planner Ridley, Director of Public Works Matthys, Director of Parks and Recreation Pimental, Police Chief McDonald, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted there is a change in the Action To Be Considered for Consent Item P. A hard copy of the agenda memo has been provided to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentation to be heard. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of August 1, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to authorize the hiring of Scott Fisk, Seasonal Sound Technician in Parks and Recreation. 2. It was recommended to accept the resignation and authorize the recruitment and replacement of Police Officer Kraig Vesel: 3. It was recommended to authorize the ratification of the collective bargaining agreement between the City of Eagan and the Law Enforcement Labor Services, Inc., Local #170 (LELS). 4. It was recommended to authorize changes to the vacation policy for the City of Eagan. C. It was recommended to ratify the check register dated July 29, and August 5, 2016 as presented. D. It was recommended to approve the ordinary and customary contract with Dakota County Library. E. It was recommended to approve an On -Sale Brewer Taproom License with Sunday sales and an Off -Sale Brewer Intoxicating Liquor License with Sunday sales for Bald Man Brewing Inc., doing business as Bald Man Brewing at 2020 Silver Bell Road Unit 25. City Council Meeting Minutes August 16, 2016 2 page F. It was recommended to approve an On -Sale Liquor License and Sunday License for Hy -Vee, Inc. doing business as Hy -Vee Market Grille, 1500 Central Park Commons Drive Suite A. G. It was recommended to approve an Off -Sale Liquor License for Hy -Vee, Inc. doing business as Hy -Vee Wine and Spirits, 1500 Central Park Commons Drive Suite B. H. It was recommended to adopt a resolution approving a Premise Permit for the South Robert Street Business Association to conduct lawful gambling at Wyatt's Twisted Americana, 1965 Cliff Lake Road Suite 108. I. It was recommended to approve a temporary on -sale liquor license and waive the license fee for People of Praise, MN Inc. on September 17, 2016 at 601 River Ridge Parkway. J. It was recommended to approve the agreement between the City of Eagan and ISD #196. K. It was recommended to modify the condition number 2 to allow 34% impervious surface for a Conditional Use Permit approved November 2, 2015 to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 3656 Pinecrest Court. L. It was recommended to receive a petition to vacate a portion of a public drainage and utility easement on Lot 1, Block 1, Wilmus Addition and schedule a public hearing to be held on September 20, 2016. M. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement on Lot 1, Block 2, Weston Hills 2nd Addition and schedule a public hearing to be held on September 20, 2016. N. It was recommended to accept the Amended Feasibility Report for Project 1225 (Vikings Parkway/MV Eagan —Street and Utility Improvements). 0. It was recommended to approve agreement with MV Eagan Ventures, LLC, et.al., for the installation of public improvements, and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve an amended Preliminary Plat and Site Plan and direct staff to evaluate and modify conditions of the Preliminary Planned Development, as necessary. Q. It was recommended to approve the final payment for Contract 15-20 (Raw Water Line — Central Park Commons) in the amount of $17,266.18 to Enebek Construction Co., and accept the improvements for perpetual City maintenance subject to warranty provisions. R. It was recommended to authorize submittal of a Minnesota Clean Water Fund grant application for $675,000.00 to the Board of Water and Soil Resources for "Fitz Lake Water Quality Improvements and TMDL Implementation." S. It was recommended to approve the Change Order No. 2 to Contract 15-04 (Sperry Tower Recommissioning) and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to approve presented license agreement with the Caponi Art Park Board (CAP) to allow construction of an 18 foot by 18 foot shade structure on the south park of the Caponi Art Park with the structure being presented as a donation back to the City after completion and final inspection. U. It was recommended to approve the proposed revision to the City of Eagan's model aircraft permitting system to be updated to include all Unmanned Aircraft Systems (UAS) for use within city parks and compliance with new revisions to rules and regulations by the Federal Aviation Administration (FAA). PUBLIC HEARINGS Variances — City of Eagan City Administrator Osberg introduced the item noting the City's zoning ordinance requires a minimum sign setback of 10 feet from a public right-of-way. The Variances are necessary due to the acquisition of City Council Meeting Minutes August 16, 2016 3 page additional right-of-way in support of the expansion and upgrade of Pilot Knob Road (County State Aid Highway 31) for County Project 31-76/City Project 1095, currently under construction. Public Works Director Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve pylon sign setback Variances at 3386 Pilot Knob Road of: 4' to Pilot Knob Road, and 7' to Norwest Court. Aye: 5 Nay: 0 OLD BUSINESS There were no old business items to be heard. NEW BUSINESS There were no new business items to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. VISITORS TO BE HEARD Past practice and policy during election years, from the opening of the Council candidate filing period through the November election, the Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised. There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 6:40 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Accept the resignation of Marvel Hughes, Part time Overnight Custodian, and authorize the recruitment and replacement of this position. ITEM 2. Action To Be Considered: Authorize the hiring of the following Seasonal Employees: Carlson, Alanna Lifeguard Caspar, Trenton J Park Laborer Foster, Shelbie A Lifeguard Merritt, Mara A Lifeguard Schuetz, Nicholas J Park Laborer Strobel, Joseph D Lifeguard Tipler, Lisa R Park Laborer ITEM 3. Action To Be Considered: Accept the resignation of the following Seasonal Employees: Alexander, Isis M Guest Sery Rep Dippold, George T Utility Maintenance Edwardson, Eric J Finance Intern Giebel, Michael J Utility Maintenance Hoffman, Kyle J Landscape Honcharenko, Marcus J Landscape For Tech Huss, Thomas J Landscape Crew Klein, Michael T Park Laborer Kosel, Benjamin A Landscape/ For Tech Mills, Matthew S Park Laborer Mohrbacher, Coleman J Morse, David I Nafziger, Morgan H Ossell, Ryan Poirier, William F Ruhland, Jacob R Russell, Christopher J Salad, Liban A Simpson, Noah T Stalcar, Jeremy J Stebbing, Kyle J Taylor, Grant T Wisniewski, Parker W ITEM 4. Action To Be Considered: Landscape Crew Laborer Landscape Crew Park Attend Park Maint Ballfield Attend Ballfield Attend Engineering Intern Park Laborer Park Laborer Engineering Intern Park Laborer Park Park Attend Accept the resignation of Susan Smart, Full Time Clerical Tech IV — Police Records, and authorize the recruitment and replacement of this position. INFORMATIVES: FT Videographer/Editor: Josh Sibley ➢ City Council approved hiring for this position on July 5, 2016 Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated August 12, 19, and 26, 2016 as presented. Attachments: (3) CC -1 Check register dated August 12, 2016 CC -2 Check register dated August 19, 2016 CC -3 Check register dated August 26, 2016 Agenda Information Memo September 6, 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. Contract to be approved: Service Agreement with ABM Onsite Services — Midwest, Inc. for janitorial services at municipal facilities ➢ Health Far Immunization Agreement with Wal-Mart Stores, Inc. for providing flu shots at the Senior Expo ➢ Access Agreement with West Publishing Company for permission to hold a Police Department training exercise at 610 Opperman Drive Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo September 6, 2016, Eagan City Council Meeting CONSENT AGENDA E. Approve Exempt Permit for The Open Door to hold a raffle on October 2, 2016 at 2750 Sibley Memorial Highway Action To Be Considered: To adopt a resolution approving an Exempt Permit for The Open Door to conduct a raffle on October 2, 2016 at 2750 Sibley Memorial Highway. Facts: ➢ The Open Door 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) CE -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT THE OPEN DOOR WHERAS, The Open Door has applied for an Exempt Permit to conduct a raffle on October 2, 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 Open Door to conduct a raffle on October 2, 2016 at 2750 Sibley Memorial Highway. Motion by: Seconded by: Those in favor: Those against: Date: September 6, 2016 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6th day of September, 2016. City Clerk Agenda Information Memo September 6, 2016, Eagan City Council Meeting CONSENT AGENDA F. Approve Exempt Permit for the Eagan Foundation to hold a raffle on November 12, 2016 at 3125 Dodd Road Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Eagan Foundation to conduct a raffle on November 12, 2016 at 3125 Dodd Road. Facts: The Eagan Foundation 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) CF -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN FOUNDATION WHERAS, The Eagan Foundation has applied for an Exempt Permit to conduct a raffle on November 12, 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 Foundation to conduct a raffle on November 12, 2016 at 3125 Dodd Road. Motion by: Seconded by: Those in favor: Those against: Date: September 6, 2016 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6th day of September, 2016. City Clerk Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA G. Approve contract for inspections of Subsoil Sewage Treatment Systems and Approve Resolution to Modify the City Fee Schedule Action To Be Considered: To approve the agreement with Inspectron, Inc. for contract inspection services to perform Subsoil Sewage Treatment Systems plan review and inspections and approve resolution to modify the City fee schedule. Facts: ➢ Most of the City of Eagan is connected to the municipal sewer system; however, there are approximately 158 private SSTS in areas where the municipal system is not available. We have been slowly eliminating private systems as development occurs. ➢ We only issue approximately one permit per year for new or replacement SSTS. ➢ Our certified SSTS inspector has retired and it is cost prohibitive for us to train and certify an inspector for the one inspection that may be needed per year. ➢ The City has used Inspectron Inc. successfully in the past for other inspections and is certified to perform these mandated SSTS inspections. Attachments: (2) CG -1 Contract CG -2 Resolution BUILDING INSPECTION SERVICES AGREEMENT This agreement is entered into this day of , 2016 by and between Inspectron, Inc., a Minnesota corporation with its principal place of business located at 15120 Chippendale Ave., Suite 202 Rosemount, MN, 55068 (hereinafter "Inspectron" and the City of Eagan an incorporated Minnesota city with its principal offices located at 3830 Pilot Knob Road Eagan, Minnesota 55122 (hereinafter "City"). WHEREAS, the City has adopted established regulations by ordinance for the installation, repair and replacement of subsoil sewage treatment systems (SSTS); WHEREAS, the City is required under Minnesota Rules governing SSTS to have a "certified inspector," either employed or under contract, to complete inspections for compliance with the applicable regulations under the Minnesota Rules and related statutes, laws, and City ordinances; WHEREAS, the City desires to enter into an agreement with Inspectron to provide the City with professional services (the "Services") consisting of SSTS permit application and plan review, permit issuance, and all required inspections for SSTS within the City of Eagan; and WHEREAS, Inspectron desires to provide such Services to the City. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, City and Inspectron hereby agree as follows: 1. Services by Inspectron: a. Inspectron shall be responsible for the administration and enforcement of all Minnesota laws and Rules governing SSTS with in the City on behalf of the City, specifically: i. Receive and accept all SSTS permit applications for the installation, repair, or replacement of SSTS within the City; ii. Review the SSTS permit application and complete design plan review for compliance with Minnesota SSTS laws and regulations; iii. Issue (or deny) SSTS permits; iv. Complete the second soil verification; v. Complete all inspections required under the SSTS permit; vi. Issue any correction notice or stop work order for any SSTS work that is not in compliance with Minnesota SSTS laws and regulations; and vii. Complete the final inspection records and review and record the final as -built record with Dakota County Department of Environmental Services. Inspectron shall deliver to Dakota County the recording fee which is included in the permit fee paid by the applicant. b. Inspectron shall collect the SSTS permit fee from the applicant as established by the City's Fee Schedule. If any re -inspections are required due to noncompliance, Inspectron shall collect the reinspection fee due by the applicant. Inspectron shall deliver to Dakota County the recording fee which is included in the permit fee paid by the applicant for recording the final inspection records. Inspectron shall not impose or collect any fee or charges from the applicant in excess of the SSTS permit fee established by the City's Fee Schedule. 2. Condition of Inspection Services a) City agrees to provide Inspectron with access to pertinent information, records, systems and data relative to the property and the SSTS to be installed, repair or replaced thereon necessary to administer the SSTS permit and complete services under this Agreement. Inspectron shall be responsible for preparing and providing to the applicant the permit application form(s). b) Inspectron shall perform the services under this Agreement at such location and at such times as Inspectron deems appropriate while providing the coverage requested by the City. c) Inspectron shall provide all tools, transportation, and communication devices it deems necessary to carry out the services of this Agreement. d) Inspectron agrees to proceed diligently and in accordance with its usual course and manner of business. Inspectron agrees to perform additional services, to which the parties agree during the term of this contract under the terms and conditions of this agreement. 3. Term of Agreement. This Agreement is effective commencing the date of full execution of this Agreement and shall consist of a period of twelve months of service. This agreement may be automatically extended upon such terms and conditions as contained herein. 4. Payment. In consideration of the services provided under this Agreement, the City agrees to pay to Inspectron for each SSTS permit application the sum equal to the City's SSTS permit fee which is $453.00 per permit application. Compensation for any re -inspection by Inspectron required due to the applicant's noncompliance shall be collected directly by Inspectron and not owed by the City. N 5. Confidentiality. City agrees that it will not reveal divulge or make known to any person, firm, or corporation any secret or confidential information during or after the term of this agreement. Confidential information shall be defined as knowledge, systems, practices or other information submitted in writing or other tangible form designated as confidential by Inspectron. The City shall use such confidential information for the limited purposes of this agreement. All data created, collected, received, stored, used, maintained or disseminated by Inspectron in performing its duties under this Agreement is subject to the requirements of the Minnesota Government Data Practices act, Minnesota Statutes, Chapter 13, and Inspectron, its officers, employees, agents and subcontractors will comply with those requirements as if it were the City. 6. Relationship. Nothing in this agreement shall be construed to create employment, a partnership, joint venture, license or agency relationship and neither party shall have the right or authority to bind the other. For the purpose of this Agreement, Inspectron shall be deemed an independent contractor. Inspectron employees shall not be deemed as employees of the City and accordingly are not entitled to any employment benefits customarily given to City employees. 8. Inspectron Employees. The City agrees that it will not hire any of Inspectron's employees, who have provided services under this agreement, during the term of this contract or for a period of one year after the expiration or termination of this agreement, without the express written consent of Inspectron. 9. Termination. This agreement may be terminated by either party upon thirty (30) days written notice. Such termination shall not affect the rights and obligations of the parties accrued prior to the termination date or rights under paragraph 3 and 4. 10. Assignability. This agreement shall not be assignable by either party without the written consent of the non -assigning party. 11. Law. This contract shall be governed by the law of the State of Minnesota. The parties agree that the venue of any legal action arising under the agreement shall be Dakota County, Minnesota. 12. Severability. If any provision of this agreement shall be held by any court to be illegal, invalid or unenforceable, such provision shall be construed and enforced as if it had been more narrowly drawn so as to be legal, valid or enforceable. Such illegality, invalidity or unenforceability shall not have effect upon or impair the enforceability of any other provision of this agreement. 13. Indemnification. Inspectron shall indemnify, hold harmless the City its officers and employees against any and all liability, loss, cost, damages, 3 expenses, claims or actions resulting from omission or negligent acts of Inspectron employees during the performance of this Agreement. Nothing in this Agreement shall be deemed a waiver by the City of the limitations on liability set forth in Minnesota Statutes, Chapter 466, and the City shall not be obligated to indemnify Inspectron for any amount in excess of such limitations, less any amount the City is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. Inspectron shall further indemnify the City against all liability and loss in connection with, and shall assume full responsibility for, payment of all federal, state and local taxes or contributions imposed or required under employment insurance, social security and income tax laws with respect to Inspectron employees engaged in performance of this Agreement. 14. Insurance. During the term of this Agreement, Inspectron shall maintain liability, automobile and workers' compensation insurance as described in the certificates of insurance attached hereto as Attachments One and Two. The City shall be named as an additional insured on all coverages. 15. Entire Agreement. This agreement constitutes the entire agreement between the parties. This agreement may be amended only by written agreement of both the City and Inspectron. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above. City Inspectron, Inc. By: Its: Mayor Attest: By: Its: City Clerk By: Its: 0 RESOLUTION NO. CITY OF EAGAN APPROVING AMENDMENT TO THE 2016 FEE SCHEDULE WHEREAS, the City of Eagan, Minnesota (the "City"), is authorized by State Statute to collect fees related to building permitting and inspection services; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the fees listed below shall be effective immediately: • SSTS Inspection Fee: $453 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 6 day of September, 2016. Mike Maguire, Mayor Christina M. Scipioni, City Clerk Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA H. Approve resolution accepting donation from Eagan Hockey Association Action To Be Considered: Approve resolution accepting a donation in the amount of $44,835.00 from the Eagan Hockey Association to be used for the construction of a storage room within the Eagan Civic Ice Arena. Facts: ➢ Eagan Hockey Association continues to grow in their programs and offerings to the Hockey community. ➢ Eagan Hockey Association and Eagan Athletic Association in partnership with the city studied some outdoor options for storage in 2014/2015 and found no viable, affordable shared storage space options. ➢ Eagan Hockey Association worked with Leo Daly, and Architectural Firm from Minneapolis to design a proposed structure within the Civic Ice Arena. ➢ Eagan Hockey Association presents a donation to the city of $44,835 to cover the cost of design of the storage room, as well as all construction costs for the storage room. ➢ EHA has stated in their donation letter that if there are any costs above the presented amount, they would also cover those unanticipated costs as well. Attachments: (2) CH -1 Letter from Eagan Hockey Association CH -2 Resolution September 6, 2016 City of Eagan Attention: Mark W. Vaughan Campus Facilities Manager/City of Eagan Eagan Civic Arena 3830 Pilot Knob Road Eagan, MN 55122 Dear Mark, Per our ongoing discussions about storage at the Eagan Civic Arena and our need for additional secured storage. On behalf of the Eagan Hockey Association, we would like to partner with the City of Eagan to build storage at the Eagan Civic Arena. EHA is willing to fund the cost associated for their storage needs that would include approximately 300 square feet of storage (see preliminary plan attached) to be used by the Eagan Hockey Association. Our current budget estimate is $50,000 for the project ( and has been approved by the EHA BOD) and in the event of cost increase EHA will cover those costs associated with the construction of these improvements We would appreciate if you would coordinate a meeting with all parties involved in this addition so that we can discuss plans, timing, budget and terms of use for the storage area. Thank you again for your partnership with the Eagan Hockey Association. John Ferlita President Eagan Hockey Association CITY OF EAGAN RESOLUTION TO ACCEPT DONATION FROM EAGAN HOCKEY ASSOCIATION TO BUILD A STORAGE ROOM AT THE CIVIC ICE ARENA. WHEREAS, throughout the last two years Eagan Hockey Association and City Parks and Recreation staff have evaluated storage needs and options for hockey programs at the Civic Arena; and WHEREAS, In summer of 2016; EHA worked with Leo Daly to finalize plans for a storage room to be built in the far south east corner of Ice Arena 1 at the Civic Arena, and WHEREAS, Staff concurs this is the best place for this to be built to meet both the organization's needs as well as the City's needs for storage in the building; and; and WHEREAS, Eagan Parks and Recreation staff at the Civic Arena support the continued partnership between the City and Eagan Hockey Association; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the donation of $44,835 to support building a storage room at the Eagan Civic Arena. Motion made by: Seconded by: Those in favor: Those against: Dated 9-6-2016 CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled the 16`h day of August, 2016. City Clerk Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA I. Approve contract with Construction Results Corporation for construction of a storage room at Eagan Civic Arena Action To Be Considered: Approve contract with Construction Results Corporation as the recommended contractor for constructing a storage room at the Civic Arena. Facts: ➢ Eagan Hockey Association worked with Leo Daly, and Architectural Firm from Minneapolis to design a proposed structure within the Civic Ice Arena. ➢ Eagan Hockey Association presented a donation to the city an amount to cover the entire cost of construction for this project. ➢ Civic Arena staff worked with Leo Daly and EHA to identify the best location that would be most beneficial to both parties for this storage facility to be located, without negatively impacting Arena operations. ➢ Leo Daly proceeded in helping collect three bids from qualifying contracts on an RFP created that identified the size, scope and needs of the project. ➢ In reviewing the three bids that were received, Eagan staff recommends the same contractor as Leo Daly presents for awarding a contract. That contractor is Construction Results Corporation. ➢ Construction Results Corporation was also the low bid. Attachments: (4) CI -1 Contract for services CI -2 Leo Daly request for quotes CI -3 Leo Daly memo of recommendation CI -4 CRC Bid Form CONTRACT AGREEMENT THIS AGREEMENT, made and signed this ________ day of _________________, 2016, by and between the City of Eagan, hereinafter called the “Owner”, and Construction Results Corporation, a Minnesota corporation, hereinafter called the “Contractor”. THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I. The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications as prepared by Leo A Daly for the City of Eagan, Minnesota, and indicated below under ARTICLE V, as provided by the Owner for: Contract #41-13 Eagan Civic Arena – Storage Expansion and to do everything required by this Agreement and the Contract Documents (hereinafter “the Work”). ARTICLE II. The Contractor shall commence the Work after the Owner issues a Notice to Proceed, which shall be issued on or before September 9, 2016. The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before September 29, 2016. All Contractor administrative and contract close-out work, including submittal to the State Department of Revenue of all necessary documentation regarding the withholding of State income tax from wages paid to all Contractor and Subcontractor employees for work performed under this contract, shall be completed within 45 days of substantial completion of the Work. The Owner and Contractor recognize that time is of the essence as concerns this contract and that the Owner may incur financial loss if the Work is not completed within the times specified, plus any extensions thereof allowed. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by the Owner in a legal proceeding if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay to the Owner liquidated damages for each day that expires after the time specified for completion. The amount of the liquidated damages to be assessed shall be $500 per day for each day beyond the designated completion date. ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and accept payment for the Work that is completed in accordance with the Contract Documents in the amount of Thirty-three Thousand Eight Hundred and Thirty-five Dollars and zero cents ($33,835.00), which consists of Contractor’s base bid, plus alternates #1 and #2. Contractor shall submit applications for payment, which will be processed within 30 days of submission. Owner shall make partial payments on account of the contract price on the basis of Contractor’s applications for payment as recommended by Mark Vaughn, Campus Facilities Manager for the City of Eagan (“Facilities Manager”) and approved by the Owner. All progress payments will be on the basis of the progress of the Work measured. Progress payments will be made in an amount equal to ninety-five percent (95%) of the Work completed, but in each case, less the aggregate of payments previously made and less any amounts as determined by the Owner. Owner shall pay the remainder of the contract price, including retainage, as recommended by the Facilities Manager and upon final completion, final inspection by Leo O Daly, and acceptance by the Owner. ARTICLE IV. In order to induce Owner to enter into an agreement, Contractor makes the following representations. 1. Contractor if familiar with the nature and extent of the Contract Documents, work, site, locality and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or finishing of the Work. 2. Contractor has studied carefully all drawings of physical conditions, which are identified in the specifications. 3. Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, reports and studies which pertain to the physical conditions at or contiguous to the site or that otherwise may affect the cost, progress, performance, or furnishing of the Work at the contract price, within the contract time, and in accordance with the other terms and conditions of the Contract Documents. No additional examinations, investigations, explorations, tests and reports, studies or similar information or data are or will be required by Contractor for such purposes. 4. Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. ARTICLE V The Contract Document shall comprise the entire agreement between Owner and Contractor concerning the work consisting of the following: 1. This agreement 2. Specifications bearing the title Eagan Civic Arena – Storage Expansion. City Contract No. #41-13 3. Addenda No. 1 and No. 2 4. Contractor’s Proposal Form This Agreement, together with the documents hereinabove mentioned, form the Contract and all documents are as fully a part of the Contract as if attached hereto or herein repeated. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the day and year first above written: The City of Eagan (Seal) By ___________________________________ Mike Maguire, Mayor Attest: _______________________________________ Christina Scipioni, City Clerk Construction Results Corporation By ____________________________________ _______________________________________ G:contracts/Civic Arena storage expansion- EHA Title CERTIFICATE OF ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) DAKOTA ________ ) On this ________ day of __________________________, 2016, before me personally appeared _____________, to me personally known who, being by me duly sworn, did say that he is the ____________ of the Construction Results Corporation, that the seal affixed to the foregoing instrument is the seal of said City of Eagan, and that said instrument was executed on behalf of the corporation by authority of its board of directors, and said ___________________________________ acknowledged the instrument to be the free act and deed of said corporation. (Notary Seal) Notary Public CERTIFICATE OF ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) DAKOTA COUNTY ) On this ________ day of __________________________, 2016, before me personally appeared Mike Maguire, to me personally known, being by me duly sworn, did say that he is the Mayor of the City of Eagan, that the seal affixed to the foregoing instrument is the seal of said City of Eagan, and that said instrument was executed on behalf of the city of Eagan by authority of its City Council, and said ___________________________________ acknowledged the instrument to be the free act and deed of said City of Eagan. (Notary Seal) Notary Public G:contracts/Civic Arena Storage Expansion - EHA PLAN N I N G DATE 8-5-2016 ARC 1-1 ITECTU.'RE ENGINEERING TO Prospective Bidders INTERIORS FROM Eagan Civic Arena 4 PROJECT NO 023-10095-001 EST. 1915 PROJECT Eagan Civic Arena — Storage Expansion ABU DHABI ATLANTA AUSTIN SUBJECT Request for Quotes BEIJING CHICAGO COLLEGE STATION CORPUS CHRISTI DALLAS " 1, Eagan Civic Arena is requesting quotes for the construction of the storage DAMMAM expansion. DENVER DOHA FLINT 2. Bidders shall become familiar with the site prior to submittal of quotes. FORT WORTH HONG KONG 3. Bidders will be responsible for purchasing a building permit. HONOLULU HOUSTON 4. Bidders shall are a lump sum quote for all of the work shown and described re p SINGprepare LANSING on the following list of drawings and specifications. LAS VEGAS LOS ANGELES MIAMI Drawing Sheets MILPITAS A-101 MINNEAPOLIS OMAHA Specification Sections 00 41 13 Bid Form — Stipulated Sum (Single -Prime Contract) R:IYADHE SACRAMENTO SAN ANTONIO 5. Quotes will be accepted until 11:00 a.m., August 111h, 2016; after such time, SAN MARCOS submittals will be returned to prospective bidders unopened. TAMPA WACO 6, Quotes shall be sealed and mailed to: WASHINGTON DC Attn: Mark Vaughan WEST PALM BEACH . Eagan Civic.Arena 3830 Pilot Knob Road Eagan, MN 55122 730'SECOND AVENUE SOUTH SUITE 1100 MINNEAPOLIS, MN 55402 TEL 612.338,8741 FAX 61 2.338,4840 www.leoadaly,com Eagan Civic Arena — Storage Expansion LAD Project Number: 023-10095-001 Construction Documents DOCUMENT 00 4113 - BID FORM - STIPULATED SUM (SINGLE -PRIME CONTRACT) . 1.1 BID INFORMATION A. Bidder: B. Project Name: Eagan Civic Arena — Storage Expansion C. Project Location: Eagan Civic Arena, Eagan, Minnesota D. Owner: Mark Vaughan E. Architect: Leo A Daly F. Architect Project Number: 023-10095-001 1.2 CERTIFICATIONS AND BASE BID A. Base Bid, Single -Prime (All Trades) Contract: The undersigned Bidder, having carefully examined the Procurement and Contracting Requirements, Conditions of the Contract, Drawings, Specifications, and all subsequent Addenda, as prepared by Leo A Daly and Architect's consultants, having visited the site, and being familiar with all conditions and requirements of the Work, hereby agrees to furnish all material, labor, equipment and services, including all scheduled allowances, necessary to complete the construction of the above-named project, according to the requirements of the Procurement and Contracting Documents, for the stipulated sum of.. 1. Dollars ($ 1.3 SUBCONTRACTORS AND SUPPLIERS A. The following companies shall execute subcontracts for the portions of the Work indicated: 1. Masonry Work: 2. Fire Protection Work: 3. HVAC Work: 4. Electrical Work: 1.4 TIME OF COMPLETION A. The undersigned Bidder proposes and agrees hereby to commence the Work of the Contract Documents on a date specified in a written Notice to Proceed to be issued by Architect, and shall fully complete the Work within calendar days. BID FORM - STIPULATED SUM (SINGLE -PRIME CONTRACT) Eagan Civic Arena — Storage Expansion LAD Project Number: 023-10095-001 Construction Documents 1.5 ACKNOWLEDGEMENT OF ADDENDA A, The undersigned Bidder acknowledges receipt of and use of the following Addenda in the preparation of this Bid: 1. Addendum No. 1, dated 2. Addendum No. 2, dated L6 ALTERNATES A, The undersigned Bidder proposes the amount below be added to the Base Bid if particular alternates are accepted by Owner, Amounts listed for each alternate include costs of related coordination, modification, or adjustment, 1. Cost -Plus -Fee Contract: Alternate price given below includes adjustment to Contractor's Fee, B. If the alternate does not affect the Contract Sum, the Bidder shall indicate "NO CHANGE." C. If the alternate does not affect the Work of this Contract, the Bidder shall indicate "NOT APPLICABLE." D. The Bidder shall be responsible for determining from the Contract Documents the affects of each alternate on the Contract Time and the Contract Sum, E. Owner reserves the right to accept or reject any:alternate, in any order, and to award or amend the Contract accordingly within [60] days of the Notice of Award unless otherwise indicated in the. Contract Documents. F. Acceptance or non-acceptance of any alternates by the Owner shall have no affect on the Contract Time, 1.7 SCHEDULE OF ALTERNATES A. Alternate No, #1: Bidder shall state the lump sum to supply and install door. 102 and provide all additional items listed on the drawings. 1. ADD NO CHANGE NOT APPLICABLE 2. Dollars B. Alternate No. #2: Bidder shall state the lump sum to do all painting as indicated on drawings. 1. ADD NO CHANGE NOT APPLICABLE 2, Dollars ($ ). BID FORM - STIPULATED SUM (SINGLE -PRIME CONTRACT) Eagan Civic Arena — Storage Expansion LAD Project Number: 023-10095-001 Construction Documents 1.8 INSURANCE REQUIREMENTS A. Proof of insurance should be provided to the City. The City of Eagan should be listed as the certificate holder and also as an Additional Insured. The followings insurance limits are required: 1. General Liability (or in combination with an umbrella policy) $1,000,000 Each Occurrence '$1,000,000 Personal & Advertising Injury $2;000,000 Products Completed Operations Aggregate $2,000,000 Annual Aggregate 2. Auto Liability $.1,000,000 Combined Single Limit — Bodily Injury & Proporty Damage Owned Vehicles (if contractor has such vehicles) Hired & Non -Owned 3. Workers Compensation Statutory Limits $100,000 Each Accident $500,0.00 Policy Limit $100,000 Each Disease 1.9 CONTRACTOR'S LICENSE A. The undersigned further states that it is a duly licensed contractor, for the type of work proposed, in Eagan, Minnesota, and that all fees, permits, etc., pursuant to submitting this proposal have been paid in full. 1.10 SUBMISSION OF BID A. Respectfully submitted this day of , 2016. B. Submitted By: (Name of bidding firm, or corporation). C. Authorized Signature: (Handwritten signature). D. Signed By:. (Type or .print name). E. Title: (Owner/Partner/President/Vice President). F. Witness By: (Handwritten signature). G. Attest: (Handwritten signature). H. By: (Type or print name). I. Title: (Corporate Secretary or Assistant Secretary). J. Street Address: K. City, State, BID FORM - STIPULATED SUM (SINGLE -PRIME CONTRACT) Eagan Civic Arena — Storage Expansion LAD Project Number: 023-10095-001 Construction Documents L. Phone: M. License No.: N. Federal ID No.: END OF DOCUMENT 00 4113 BID FORM - STIPULATED SUM ('SINGLE -PRIME CONTRACT) Corporate Seal Here), �t G:j.y � � tii�il !�;oc�y! r �g S� a�i as LL L 11411111 r - k �i mg xg xg 3 5 ag xg .11 \ # y fru g6 4.ti;:•:i..r ._ � k B' i ��� '#g�� S$itl�is 4..I....:1 A g9 9 L w � MORN-Alkawo -,-G Emi PLANNING ARC I'[IT E'C:TLIKE r:NGINr-ERFNG INTERIORS t'1•; EST. 1915 ABU DHABI ATLANTA AUSTIN BEIJING CHICAGO COLLEGE STATION CORPUS CHRISTI DALLAS DAMMAM DENVER DOHA FLINT FORT WORTH HONG KONG HONOLULU HOUSTON LANSING LAS VEGAS LOS ANGELES MIAMI MILPITA'S MINNEAPOLIS OMAHA ORANGE RIYADH SACRAMENTO SAN ANTONIO SAN MARCOS TAMPA WACO WASHINGTON DC WEST PALM BEACH 730 SECOND AVENUE SOUTH SUITE 1100 MINNEAPOLIS, MN 55402 TEL 612 338 8741 FAX 612.338,4840 www.leondaly.com MEMiORNpUM DATE 8/2/2016 TO Mark Vaughn FROM Joe Ellingson PROJECT NO 023-10095-002 PROJECT Eagan Civic Arena — Eagan Hockey Association storage space SUBJECT Meeting Minutes from 7/28/2016 A m.eeti.ng was held at the Eagan Civic Arena to discuss the Eagan Hockey Association storage space. The following is a list of items that were discussed/identified. Attendees were: Mark Vaughn Joe Ellingson Campus Facilities Manager Leo A Daly (LAD.) Architectural 1. The existing building is sprinklered. 2. Two double doors is the preferred plan. The double door to the South will be add alternate #1. 3. Hollow metal door and frame is required for the space. a. The existing cores were Yale. The existing master key 'should open it. b. The lockset preferred is a storage function. c, Closers are required on the doors. d. Ki.ckplates are required on the interior side of the doors. 4. The existing precast ceiling can remain. No drop-in ceiling required. 5. Floor finish can remain as concrete .with no finish on top as the Eagan Civic Arena will install rubber mats on top of the concrete. 6. The existing concrete slab, according to the existing drawings, is only 4", not 5" as discussed on-site. 7. Eagan'Civic Arena will paint the CMU, hollow metal frame, and hollow metal door if Alternate is not accepted. Painting will be add alternate #2. 8. LAD to send drawings to 3 contractors for quotes. 9. LAD to send a list of questions to the Owner so they can confirm their city requirements. Electrical 1. The existing electrical panel feeding the current lights is the LD panel. 2. One of the existing exit doors has an exit sign and strobe above it. LAD is to confirm exiting requirements and add additional exit lights as necessary. 3. The existing electrical row of lights to the East to be relocated outside of room. The other row of lights to remain as well as the switch. Additional T8 lights to be installed in new room as required with a new switch in the room. 4. Two electrical outlets to be installed in new room. EST, 1915 730 SECOND AVENUE SOUTH SUITE 1100 MINNEAPOLIS, MN 55402 TEL 612.338.8741 FAX 612.338,4840 www, leoadaly.com MEMb.RAN.DUM_ 8/2/2016 Mark Vaughn 2of2 Meeting Minutes from 7/28/2016 1. The new room will store hockey equipment. The existing exhaust system is to the East. LAD to confirm if tie-in is possible. 2. LAD to confirm the existing sprinkler pipe coverage. DATE PLANNING TO ARCHITECTURE PACE SUBJECT ENGINEERING" INTERIORS Mechanical EST, 1915 730 SECOND AVENUE SOUTH SUITE 1100 MINNEAPOLIS, MN 55402 TEL 612.338.8741 FAX 612.338,4840 www, leoadaly.com MEMb.RAN.DUM_ 8/2/2016 Mark Vaughn 2of2 Meeting Minutes from 7/28/2016 1. The new room will store hockey equipment. The existing exhaust system is to the East. LAD to confirm if tie-in is possible. 2. LAD to confirm the existing sprinkler pipe coverage. Eagan Civic Arena — Storage Expansion LAD Project Number: 023-10096-001 Construction'Documents SECTION 00 9113 - ADDENDA 1.1 PROJECT INFORMATION A, Project Name: Eagan Civic Arena—Storage Expansion B, Owner: City of Eagan C. Architect: Leo A Daly D. Architect Project Number: 023-10095-001 E. Date of Addendum: 8/9/2016 1.2 NOTICE, TO BIDDERS A. This Addendum is issued to all bidders. This Addendum serves to clarify, revise, and supersede information in the Project Manual, Drawings, and previously issued Addenda. B. The Bidder shall acknowledge receipt of this Addendum in the appropriate space on the Bid Form. C. The date for receipt of bids is unchanged by this Addendum. 1. Bid Date: 8/11/2016 @ 11:0.0 a.m.. local standard time. 1.3 CLARIFICATIONS A. Proposed start date will be within 2 weeks of bid date. B. Bidders may visit the site anytime between 8:00 a.m. and 5:00 p.m. C. . The bottom of the existing precast floor was measured at 9'-711/a". Bidders shall verify all dimensions. D. There are no union labor or prevailing wage requirements. E. There is no bid bond required. 1.4 REVISIONS A. Item .#6 on Transmittal Letter: An e-mailed Bid Form is acceptable as well as a mailed or hand - delivered one. Emails must be sent to mvaughaii@cityofeagan.com and received by 11:00 a.m, on 8/11/2016. END OF DOCUMENT 00 9113 ADDENDA '009113 - Page 1 of 1 PLAN N I N G DATE 8/12/2016 ARCH ITECTLIRE I: N G IN r: r: R I N'G TO Mark Vaughan INTERIORS FROM Joe Ellingson f EST. 191S ABU DHABI ATLANTA AUSTIN BEIJING CHICAGO COLLEGE STATION CORPUS CHRISTI DALLAS DAMMAM DENVER DOHA FLINT FORT WORTH HONGKONG HONOLULU HOUSTON LANSING 'LA'S VEGAS .LOS ANGELES MIAMI MILPITAS MINNEAPOLIS OMAHA ORANGE RIYADH SACRAMENTO SAN ANTONIO SAN MARCOS TAMPA WACO WASHINGTON DC WEST PALM BEACH PROJECT NO 023-10095-001 PROJECT Eagan Civic Arena — Storage Expansion SUBJECT Letter of Recommendation Based upon the quotes that were returned., Leo A Daly has'reviewed the quotes for the Eagan Civic Arena -- Storage Expansion project and recommend .the apparent low bidder, Construction Results Corporation, Leo A Daly contacted Construction Results Corporation on 8/12/2016 and they acknowledged that they .are comfortable with their quote and duration timeline if awarded the project. The timeline to start the project after September 61h, 201.6 also works with their timeline. Below is the quote tabulation from the project: 730 SECOND AVENUE SOUTH SUITE 1100 MINNEAPOLIS, MN 55402. TEL 612.338;8749 FAX :612.338.4840 www.leoadaly,com Calendar Bidder Alternate Alternate Total Bid w/ Days to Name Base Bid #1 #2 Alternates Complete Mission Construction, Inc. $36,696.00 $2,397,00 $2,000.00 $41.,093.00 30 Construction Results Corporation $29,970.00 $2.,575.00 $1,290.00 $33;835.00 1-8 Meisinger Construction Company $44,900.00 $2,600.00 $3,500.00 $51,000..00 60 730 SECOND AVENUE SOUTH SUITE 1100 MINNEAPOLIS, MN 55402. TEL 612.338;8749 FAX :612.338.4840 www.leoadaly,com Eagan Civic Arena - Storage Expansion LAD Project Number: 023-10095-001 Construction Documents DOCUMENT 00 4113 - BID FORM - STIPULATED SUM (SINGLE -PRIME CONTRACT) 1.1 BID INFORMATION A. Bidder: Construction Results Corporation B. Project Name: Eagan Civic Arena —Storage Expansion C. Project Location: Eagan Civic Arena, Eagan, Minnesota D. Owner: Mark Vaughan E. Architect: Leo A Daly F. Architect Project Number: 023-10095-001 1.2 CERTIFICATIONS AND BASE BID A. Base Bid, Single -Prime (All Trades) Contract: The undersigned Bidder, having carefully examined the Procurement and Contracting Requirements, Conditions of the Contract, Drawings, Specifications, and all subsequent Addenda, as prepared by Leo A Daly and Architect's consultants, having visited the site, and being familiar with all conditions and requirements of the Work, hereby agrees to furnish all material, labor, equipment and services, including all scheduled allowances, necessary to complete the construction of the above-named project, according to the requirements of the Procurement and Contracting Documents, for the stipulated sum of: 1. Dollars ($ -19,970" ) 1.3 SUBCONTRACTORS AND SUPPLIERS A. The following companies shall execute subcontracts for the portions of the Work indicated: 1. Masonry Work: I 13 C porrlgLy IN- Nov -M) 2. Fire Protection Work: FRo,vrwA 3. HVAC Work: iNrrn1.L &Aitt 8.r i N- hvvXL 4. Electrical Work: o'N E 1 ad 1.4 TIME OF COMPLETION A. The undersigned Bidder proposes and agrees hereby to commence the Work of the Contract Documents on a date specified in a written Notice to Proceed to be issued by Architect, and shall fully complete the Work within 18 calendar days. BID FORM - STIPULATED SUM (SINGLE -PRIME CONTRACT) Eagan Civic Arena — Storage Expansion LAD Project Number: 023-10095-001 Construction Documents 1.5 ACKNOWLEDGEMENT OF ADDENDA A. The undersigned Bidder acknowledges receipt of and use of the following Addenda in the preparation of this Bid: I . Addendum No. 1, dated 2. Addendum No. 2, dated 1.6 ALTERNATES 1.7 8/9/16 A. The undersigned Bidder proposes the amount below be added to the Base Bid if particular alternates are accepted by Owner. Amounts listed for each alternate include costs of related coordination, modification, or adjustment. 1. Cost -Plus -Fee Contract: Alternate price given below includes adjustment to Contractor's Fee. B. If the alternate does not affect the Contract Sum, the Bidder shall indicate "NO CHANGE." C. If the alternate does not affect the Work of this Contract, the Bidder shall indicate "NOT APPLICABLE." D. The Bidder shall be responsible for determining from the Contract Documents the affects of each alternate on the Contract Time and the Contract Sum. E. Owner reserves the right to accept or reject any alternate, in any order, and to award or amend the Contract accordingly within [60] days of the Notice of Award unless otherwise indicated in the Contract Documents. F. Acceptance or non-acceptance of any alternates by the Owner shall have no affect on the Contract Time. SCHEDULE OF ALTERNATES A. Alternate No. #1: Bidder shall state the lump sum to supply and install door 102 and provide all additional items listed on the drawings. 1. ADD CXNO CHANGE NOT APPLICABLE •2. Dollars 7 S B. Alternate No. #2: Bidder shall state the lump sum to do all painting as indicated on drawings. 1. ADD NO CHANGE NOT APPLICABLE 2. Dollars ($_1,,) Rn BID FORM - STIPULATED SUM (SINGLE -PRIME CONTRACT) Eagan Civic Arena — Storage Expansion LAD Project Number: 023-10095-001 Construction Documents 1.8 INSURANCE REQUIREMENTS A. Proof of insurance should be provided to the City. The City of Eagan should be listed as the certificate holder and also as an Additional Insured. The followings insurance limits are required: 1. General Liability (or in combination with an umbrella policy) $1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $2,000,000 Products Completed Operations Aggregate $2,000,000 Annual Aggregate 2. Auto Liability $1,000,000 Combined Single Limit - Bodily Injury & Property Damage Owned Vehicles (if contractor has such vehicles) Hired & Non -Owned 3. Workers Compensation Statutory Limits $100,000 Each Accident $500,000 Policy Limit $100,000 Each Disease 1.9 CONTRACTOR'S LICENSE A. The undersigned further states that it is a duly licensed contractor, for the type of work proposed, in Eagan, Minnesota, and that all fees, permits, etc., pursuant to submitting this proposal have been paid in full. 1.10 SUBMISSION OF BID A. Respectfully submitted this 11th day of August , 2016. B. Submitted By: Construction Results Corporation (Name of bidding firm or corporation). C. Authorized Signature: to 9(!j (Handwritten signature). D. Signed By: John Snyder (Type or print name). E. Title: Vice President (Owner/Partner/President/Vice President). F. Witness By: (Handwritten signature). G. Attest: (Handwritten signature). H. By: (Type or print name). I. Title: (Corporate Secretary or Assistant Secretary). J. Street Address: 14170 23rd Avenue North K. City, State, Zip: Plymouth, MN 55447 BID FORM -STIPULATED SUM (SINGLE -PRIME CONTRACT) Eagan Civic Arena — Storage Expansion LAD Project Number: 023-10095-001 Construction Documents L. Phone: 763-559-1100 M. License No.: VN0000232987 N. Federal ID No.: 41-1959135 (Affix Corporate Seal Here). END OF DOCUMENT 00 4113 BID FORM - STIPULATED SUM (SINGLE -PRIME CONTRACT) Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA J. Approve resolution accepting donation from Blue Cross Blue Shield Action To Be Considered: Approve resolution accepting a $100 donation from Blue Cross Blue Shield to the Parks and Recreation Department. Facts: ➢ Lori Peterson gave a presentation at a Blue Cross Blue Shield employee event. ➢ In recognition for her efforts, BCBS has presented a check to the City Parks and Recreation Department in the amount of $100. ➢ Staff at ECC has requested the donation be accepted and used on some additional Pickleball equipment for Sky Hill Park (during outdoor months) and ECC (during the rest of the year when outside play is not possible). Attachments: (1) CJ -1 Resolution CITY OF EAGAN RESOLUTION TO ACCEPT DONATION FROM BLUE CROSS BLUE SHIELD TO THE EAGAN PARKS AND RECREATION DEPARTMENT IN RECOGNITION AND THANKS FOR LORI PETERSON SPEAKING AT A BLUE CROSS BLUE SHIELD EMPLOYEE EVENT. WHEREAS, Eagan City staff from time to time participate in a variety of speaking events at local business; and WHEREAS, Lori Peterson, Human Resources Manager, spoke to a group of Blue Cross Blue Shield employees at their Eagan office in early August, 2016; and WHEREAS, Blue Cross Blue Shield desired to make a small donation to the City's Park and Recreation Department in appreciation for Lori's time; and WHEREAS, Eagan Parks and Recreation employees recommend this donation is used towards the purchase of additional Pickleball nets for the Eagan Community Center's growing Pickleball program; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the donation of $100 to support Eagan Parks and Recreation Pickleball programs. Motion made by: Seconded by: Those in favor: Those against: Dated 9-6-2016 CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled the 16'h day of August, 2016. City Cleric Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA K. Approve Resolution to Accept Donation from Honeywell International's PAC Charitable Gift program and Marvin Raway Action To Be Considered: Accept donation and resolution for donation from Honeywell International's PAC Charitable Gifts program and Marvin Raway for $780.39. Facts: ➢ Honeywell International has a PAC charitable Gift program where employees may make donations out of their paycheck for their choice of cause and/or program. ➢ Marvin Raway works for Honeywell International, and partakes in this charitable program. ➢ Mr. Raway has donated his contributions to the program to the City of Eagan's Park and Recreation Department. ➢ A thank you card has been signed by staff in the department and will be sent to Mr. Raway once Council approves this donation to the department. ➢ Parks and Recreation staff has recommended this donation be used to support additional supplies needed to further meet the needs of our Pickleball players at Sky Hill Park and the Eagan Community Center. Attachments: (1) CK -1 Resolution CITY OF EAGAN RESOLUTION TO ACCEPT A DONATION TO THE PARKS AND RECREATION DEPARTMENT FROM THE HONEYWELL INTERNATIONAL CORPORTATION — PAC CHARITABLE GIFT PROGRAM, EMPLOYEE MARVIN RAWAY. WHEREAS, Honeywell International Corporation PAC Charitable Gift program allows for their employees to gift money to local charities, programs and other opportunities through their program; and WHEREAS, Marvin Raway, a resident of Eagan, has again provided donation to the City of Eagan's Park and Recreation Department, in the amount of $780.39; and WHEREAS, Parks and Recreation staff decided this money would could be used to support the growing Pickleball programs held at Eagan Community Center and Sky Hill Park with added equipment purchases, and; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the donation provided to support Eagan Parks and Recreation. Motion made by: Seconded by: Those in favor: Those against: Dated 9-6-2016 CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled the 16t` day of August, 2016. City Clerk Agenda Information Memo September 6, 2016, Eagan City Council Meeting CONSENT AGENDA L. 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 6th Addition) to create 15 single-family lots, one outlot, and one lot for common association amenities 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 sixth and last phase of development consists of 15 single-family lots, one outlot and one lot for common association amenities, 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 September 6, 2016. Issues: None Attachments: (3) CL -1 Location Map CL -2 Final Plat CL -3 Final PD Agreement and Development Contract V�C_Ivl Cnl�IICI I ICCVI—Inrn VIVO. LJi J IVvI/l\IVC <S �iJ LJIV;1jCVV LJI as LJ I v I v z J �IivC7 v.i.v;IVV I IIivC vw:lv`III T ryl.Il"-�v�j ''-�r; n/ g = FJCs v1�'Ilvvl m 1iiVa 44'SLl -,7'9 :s00, igen, v \ J 41 " 4 SFt6W, A / _ w / •Y /, ,v y L / ( / 7i 7 i •^ + rosyi _ ' ) �Q , :r.�. /Ia1,�.•sex+.x,�s4 `. :a. � /° 4` \ \> Sao -ell b� ye •y 7�..I/ Y\ ,n WII \1� t' \\\\\ y// / 04$ \\iry`.y %'[.-•j8 ' / I-- � ( 1b\ \\� I17 ^ry1 Ij �7i \\ v?O ` /'� / 6atN�` �•^,.',r � 41, � Lh 5 �. /C .,•,rr-- 3ox.zaoos---1 5 t,g, , �p.B"5 \\ \ \ \ t �/ / / ✓ — ,e �, la ci �o\ \ ,_'' a; - „N—•' °�'y- // /,� w //roe=� Z o •:r, +ser<'�4i I � ..•/'•i �'x •`2as5++w,°°" 7 � F./ / 'gag / �` _ RA Q 26 6"$ ICm-= Ic O d 1Mln0 �� 3/ I ' / c� I°' Vis`5p �r f5y i axxrv,srx u""n °„ra°rwvao"---•-, s I <� 0 94'4L£ 3,S£,19,00N °ol .xoutw �'iILJ I,JAA\IIV I "nf 1 III /�vrvlc]I.v _7 I nl/llllCC,-/U IVV111UV v Vl J I11 " a cp � =isms; a°,a11<bx,,.s° g ml x s =i MIN e a'I s is � n dal e _ nn. s of o} f 9 �` ��E 2= o °I � s d �•� ° e o - Vt EE 5. �B,uHq; 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 6.2 acres located south of Cliff Road and east of Pilot Knob Road, and legally described as follows: Lots 1-16, Block 1; and Outlot A. All in Dakota Path 6th 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 15 single-family residential lots, one common area lot, and one outlot for ponding and association open space (the "Development"). WHEREAS, the development and use of the Property is governed by a Preliminary Planned Development Agreement, dated the 16th 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: 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. 3. 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 June 1, 2016 Exhibit C — Final Landscaping & Tree Mitigation Plan dated June 15, 2016, last revised August 15, 2016 Exhibit D — Final Utility Plan dated June May 12, 2016, last revised August 11, 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 By: _ Its: STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20165 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. 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. [Notapplicable to this phase of development.] 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: L 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. [Satisfied with earlier phases of this development.] 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. [This number is for the entire Dakota Path development.] 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. 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HORTON, INC. -,MINNESOTA FOR THE DEVELOPMENT OF DAKOTA PATH 6TH ADDITION THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER, P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 RBB/kmw: 206-37673 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 Fath 61 Addition consisting of 15 single-family lots, one lot for common amenity and stormwater, and one outlot for stormwater management, 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: SECTIOhi 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, 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 Improvements 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. Outlot - A platted lot to be developed for a use which will not involve a building or to be reserved for future 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 .Exhibit "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 properly 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 H 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 4 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 imposed when the Outlots are finally platted into lots and blocks, at the rates then in effect. 2.4 Effect of Subdivision Approval. For 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, 5 Landscape Architects, and/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 May 12, 2016,.with a final revision date of August 3, 2016, prepared by: Rick L. 0sberg, MN License No. 22709. Plan III - Landscaping Plan dated June 15, 2016, with a final revision date of August 15, 2016, prepared by: Benjamin D. Hartberg, MN License No. 48084. Plan IV - Tree Preservation Plan dated June 15, 2016, with a final revision date of August 15, 2016, prepared by: Benjamin D. Hartberg, MN License No. 48084. Plan V - Tree Mitigation Plan dated June 15, 2016, with a final revision date of August 15, 2016, prepared by: Benjamin D. 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 function 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; Minnesota Pollution Control Agency; on Metropolitan Council; Minnesota Department of Health and any other regulatory or jurisdictional agency affected by or having jurisdiction over the Improvements 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 from 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 MPGA. 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. Improvements required shall be completed no later than the following dates: 7 Item: a) Restoration and Soil Stabilization b) Site Grading c) 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. 27, 2016 Oct. 10, 2016 Nov. 24, 2016 Nov. 24, 2016 Oct. 31, 2016 Aug. 29, 2016 Oct. 27, 2016 Nov. 10, 2016 Nov. 17, 2016 N/A Oct. 15, 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 Preconstruction of Improvements 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 preconstruction meeting with 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 0 shall be restored in accordance with the Restoration Plan (Plan 11) 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 (3 0) 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. E 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 Improvements 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 from 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 OccupancX. 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 II�TSPECTIONS AND COMPLETION 5.1 Inspection. The City or its designated agent shall periodically inspect the Improvements 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 manner 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 Accgptance of Public improvements. After satisfactory 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 'V1 FINANCIAL GUARANTY 6.1 The Amount. 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 One Hundred Eighty-three Thousand, Six Hundred Ninety and No/100 Dollars ($183,690.00) 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 - LMPROVETIENTS Item Amount Street Identification/Traic Control Signs $ 350 Street Lights $ 6,000 Lot Corners $ 2,250 Subdivision Monuments $ N/A 12 Mail Box Support Structures Landscaping Tree ?Mitigation Erosion Control R/W Grading Restoration Subtotal "A" Improvements Item $ 500 $12,700 $13,300 $0 (Included with Phase I) $0 (Included with Phase 1) $0 (Included with Phase I) $35,100 Amount Watermain Lateral with Services $21,180 Sanitary Sewer Lateral with Services $25,320 Trails $ NT /A Storm Sewer $ 5,700 Streets $56,100 Stormwater Management Facilities $ 3,000 As Builts $ 3,000 Legal, Financial and Engineering $34,290 Subtotal "A" Improvements $148,590 TOTAL $183,690 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 connection 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. In the event that the City receives claims from subcontractors or materialmen 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 fiu-ther 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 fiends in compliance with the Rule. Upon such deposit, the Developer shall release, discharge and dismiss the City from any further proceedings as it pertains to the funds 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 Manaaement Account. The payment of all sums due hereunder is in addition to the sum of Seventeen Thousand One Hundred Forty-five and No/100 ($17,145.00) 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 PARK AND TRAIT, 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. Pursuant to the City's Water Quality Management Plan, the Developer shall The Developer shall construct a series of fully -functional 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 full 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. The 6a` Addition originally included two infiltration basins and one storm water pond. Soil borings in the basin locations show soil conditions will not infiltrate at a rate necessary for the construction of effective infiltration basins, so the two infiltration basins have been re -designed as storm water ponds. 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 15 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 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 Workmanship. 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). Developer 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 Improvements. 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 16 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. 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 COLAI TIIY FATE AM OL iT Trunk Sanitary Sewer - residential 15 lots $1,495.80/lot $22,437.00 Trunk Water Main — residential 15 lots $1,560.00/lot $23,400.00 Trunk Stoma Sewer — residential 182,000 sX 50.101s.f. $18,200.00 TOTAL $64,037.00 If not paid in full within thirty (30) days, any balance due will be levied as a special assessment with interest accruing from the date of final plat approval. 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 and shall execute the waiver in the form of Exhibit "C" attached hereto. SECTION X RESPONSIBILITY FOR COSTS 10.1 Develgpment 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 17 statements, indirect source permit and traffic studies, if required; and inspecting and correcting deficiencies within the development of the flat. 10.2 Hold 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. 103 Reimbursement. 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 fall. Bills not paid within thirty (30) days shall accrue 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. b) Developer shall fail to perform any of the terms 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. 19 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. 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 due, 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 hearing 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. 20 12,5 Cumulative Rights and Dion -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 connection with the Public Improvement Project, a like percentage of that portion of the Financial Guaranty covering those specific Improvements 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. 21 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 hnprovem,ents 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. 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. 1.5.2 Auihorization. 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. 22 15.4 Invalidi . 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-assi agn bility. 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. SECTIONXVI 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. 23 IN WUNES S WHEREOF, we have hereunto set our hands and seals. CITY OF EAGAN: By: Mike Maguire Its: Mayor Attest: Christina M. Scipioni Its: City Clerk (SEAL) DEVELOPMENT CONTRACT APPROVED AS TO FORM: By: Eagan City Attorney Date:- '96"C./A. APPROVED AS TO CONTENT: By: Community Development Department Date: 24 DEVELOPER: D.R. Horton, Inc. -Minnesota, a Delaware corporation iYV5-EnV1S_ &R Date Its: f , �e � 'i a (41 - 'tpelpi i nl/1171nn1� nnl-> I Alfll 1 In n Li ICI YCL p V1LJVy UIVi+ IVVI.L Y Iu I flyI-V(i Y1V%I vu II -V(.' Y_v, vin.'[] tt a Li ^!Y "wi AI.£S,Z 1.005 I •00 '9�V rl'. \ 3 / it �� '♦l.Y g�J vq � I , , �- �.,,, � is 2,• ,i��' � 4 �' / / 41111 ���• -/ q i n `♦ ca / ♦ ♦y 1 1 1 4 �Y / �♦`� 1 �/3~ r4 b , \ ri rn 0 u ti1lCt^mc11RK.WVM GC d la�.no �c lP4l P v 1111.1 ,♦YYY t(-IYJ AI(lll /•1nV nAi- IVVIy�Q Liv uIVG .; 11111 S Ln �`♦� "`."�w r / 1• i � �$`♦ `\ \fit / %'� /N / /� —.r. ...,... .ter .'tee �/3~ ,; a , u ti1lCt^mc11RK.WVM GC d la�.no �c lP4l P v 1111.1 ,♦YYY t(-IYJ AI(lll /•1nV nAi- IVVIy�Q Liv uIVG .; 11111 S Ln � �$`♦ `\ \fit / %'� /N / /� —.r. ...,... .ter \ ri aAS HIR loull : l ,\VYY 4L71 VJ a alp lags -M y�F€E3ii Iria v3,; .•a n a 8 n IE : a 3 Egg: G� G� EY I s 83N [i hip,I `v I I EXHIBIT "A" 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 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 1. 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 IST 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. 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. 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) 10ya, 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: 1. 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. ill. 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 pians 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 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 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. 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 utl[Ity/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. 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 Chmann 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. EXHIBIT "C" WAIVER OF HEARING # SPECIAL ASSESSMENT AUTHORIZATION The undersigned hereby requests and authorizes the City of Eagan, Minnesota (Dakota County) to assess the property located on Lots 1-15, Block 1, Dakota Path 61' Addition, Dakota County, Minnesota, for the benefit received from the following improvements: ITEM -QUANTITY RATE AMOUNT Trunk Sanitary Sewer - residential 15 lots $1,495.80/lot $22,437.00 Trunk Water Main — residential 15 lots $1,560.00/lot $23,400.00 Trunk Storm Sewer -residential 182,000 sl $0.10/s.f $18,200.00 TOTAL $64,037.00 to be spread over ten (10) years at an annual interest rate of four percent (4%) against any remaining unpaid balances. The undersigned, for itself, its successors, executors, administrators, successors and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to these assessments, and further waive the right to object to or appeal from these assessments made pursuant to this agreement. DATED., OWNER: STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was by Horton, Inc. -Minnesota, a D.R. Dorton, inc.— Minnepdta, a Delaware corporation By: :7 X 0. ledged befog e this day of _ , 2016, , the of D.R. on behalf of the Notary Public AS TO City A Dated: APPROVED ArS TO CONTENT: Public )?Vorks Department INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER, P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota. 55124 (952) 432,3136 RBB/kmw; 206-37673 Agenda Information Memo September 6, 2016, Eagan City Council Meeting CONSENT AGENDA M. Approve Consulting Contract with Hoisington Koegler Group Inc — City of Eagan Action To Be Considered: To a approve a Consultant Service Contract with Hoisington Koegler Group Inc (HKGi) to provide professional services related to preparing the Eagan Comprehensive Plan update and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The State of Minnesota mandates that all municipalities in the seven -county metro area update their Comprehensive Plans every ten years. The next required update is 2018. ➢ Earlier this summer the City received three responses to an RFP and Community Development staff interviewed two consulting firms. It is staff's position that HKGi should be selected as their work plan and cost best fit the City's needs. ➢ The work plan is anticipating submittal of the Updated Plan to the Metropolitan Council no later than the first quarter of 2018. HKGi was the consultant firm that assisted the City with the 2008 Comprehensive Plan Update. Issues: None Attachments: (2) CM -1 Contract CM -2 HKGi Scope of Work & Fee Schedule N AGREEMENT BETWEEN THE CITY OF EAGAN, MINNESOTA AND HOISINGTON KOEGLER GROUP INC. FOR THE EAGAN COMPREHENSIVE PLAN UPDATE PROJECT This contract outlines a Scope of Services, Fee Schedule and other elements which together constitute an agreement between the City of Eagan, Minnesota, 3830 Pilot Knob Road, Eagan, MN 55122, hereinafter referred to as the CLIENT, and Hoisington Koegler Group Inc., 123 North 3rd Street, #100, Minneapolis, MN 55401, hereinafter referred to as the CONSULTANT for professional services related to preparing the update of the Eagan Comprehensive Plan, hereinafter referred to as the PROJECT. The CLIENT and CONSULTANT agree as set forth below: A. BASIC SERVICES The CONSULTANT will work with City staff to update the Eagan Comprehensive Plan. The CONSULTANT'S basic services for the PROJECT are as provided in Attachment A - Scope of Work. B. ADDITIONAL SERVICES The CONSULTANT and the CLIENT may agree in writing to amend this Contract for additional services related to the PROJECT and compensation for such services. The following services have not been requested by the CLIENT but are available upon written authorization. 1. Meetings in addition to those specified in Attachment A. 2. Services or Deliverables not specifically identified in Attachment A. C. SUBCONSULTANTS The following subconsultants will provide services for the project under separate agreement with the CONSULTANT: Tangible Consulting Services No other subconsultants will provide services under this contract without the written permission of the CLIENT. D. FEES FOR PROFESSIONAL SERVICES The CONSULTANT agrees to complete the scope of work contained in Paragraph and Attachment A in exchange for professional fee compensation as noted below. The CLIENT agrees to pay the CONSULTANT for PROJECT services rendered as follows: 1. For the CONSULTANT'S Basic Services described in Paragraph A above and Attachment A, a fee based on the CONSULTANT'S current hourly rate schedule (see Attachment B) not -to -exceed $50,000 including reimbursable expenses. Agreement - Eagan Comprehensive Plan Update August 17, 2016 Page 2 of 7 2. For the CONSULTANT'S Additional Services described in Paragraph B, a fee based on the CONSULTANT'S current hourly rate schedule plus incidental expenses or a negotiated fee. 3. Invoices will be submitted electronically (PDF form) to the CLIENT on a monthly basis as work is completed and shall be payable within 30 days in accordance with this Agreement. 4. The CONSULTANT reserves the right to suspend services if the CLIENT is delinquent in making payments in accordance with this Agreement. E. CLIENT'S RESPONSIBILITY The CLIENT shall be responsible for the following: 1. Assembly of background information including, but not limited to digital copies of all files, pertinent plans, aerial photographs, base maps, inventory data, available GIS mapping, limited to those that are reasonably available. 2. Arrangements and notification for public meetings. 3. Reproduction and distribution of Project reports as deemed necessary and not otherwise specified in paragraph A. 4. Items noted in Attachment A as Eagan Staff Responsibilities. F. INSURANCE CONSULTANT shall maintain insurance of the kind and in the amounts shown below for the life of the contract. Certificates for General Liability Insurance should state that the CLIENT, its officials, employees, agents and representatives are Additional Insureds. The CLIENT reserves the right to review CONSULTANT's insurance policies at any time to verify that contractual requirements have been met. 1. Commercial General Liability Insurance $2,000,000 per occurrence $3,000,000 general aggregate $300,000 damage to rented premises $15,000 medical expenses 2. Umbrella Liability $1,000,000 per occurrence $1,000,000 general aggregate $10,000 self-insured retention 3. Worker's Compensation and Employer's Liability a. Worker's Compensation per Minnesota Statutes Agreement - Eagan Comprehensive Plan Update August 17, 2016 Page 3 of 7 b. Employer's Liability $500,000 per accident; $500,000 per employee; $500,000 per disease policy limit. 4. Professional Liability Insurance $2,000,000 per claim $2,000,000 annual aggregate G. COMPLETION SCHEDULE The services of the CONSULTANT will begin upon CLIENT approval and will, absent of causes beyond the control of the CONSULTANT, be completed by February 28, 2018. H. NONDISCRIMINATION The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. I. EQUAL OPPORTUNITY During the performance of this Contract, the CONSULTANT, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT shall post in conspicuous places available to employees and applicants for employment notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The CONSULTANT shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The CONSULTANT shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subconsultants for such work to incorporate such requirements in all subcontracts for program work. J. INDEMNIFICATION The Consultant agrees it will defend, indemnify and hold harmless the Client, its officers and employees against any and all liability, loss, costs, damages and expenses which the Client, its officers or employees may hereafter sustain, incur, or be required to pay arising out of the Agreement - Eagan Comprehensive Plan Update August 17, 2016 Page 4 of 7 Consultant's negligent performance or failure to adequately perform its obligations pursuant to this contract. Consultant further agrees that in order to protect itself as well as the Client under the indemnity provision set forth above, it will at all times during the term of this contract keep in force: K. TERM, TERMINATION, SUCCESSORS AND/OR ASSIGNS 1. The Term of this Agreement shall be concurrent with the work authorized and shall be in accordance with the schedule to be established between the CLIENT and the CONSULTANT. 2. Either party may terminate this Agreement by written notice to the other party at its address by certified mail at least ten (10) days prior to the date of termination. 3. Neither the CLIENT nor the CONSULTANT shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. 4. The time schedule shall not apply and/or time extensions will be allowed for any circumstances beyond the control of the CONSULTANT. 5. This Agreement shall be governed by all applicable laws. 6. Upon termination, Consultant shall be entitled to fees earned through the effective date of termination. L. DISPUTES In the event the CLIENT and CONSULTANT are unable to reach agreement under the terms of this contract, disputes shall be submitted to mediation prior to either party commencing suit regarding same. The venue for any dispute shall be Dakota County District Court. M. REVOCATION If this agreement is not signed and accepted by both parties within 90 days of the contract date, it shall become null and void. N. DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purposes by the activities of Consultant because of this contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such act now in force or as adopted, as well as federal regulations on data privacy. Agreement - Eagan Comprehensive Plan Update August 17, 2016 Page 5 of 7 Trade Secrets: Assuming that the material that the organization would supply is not just proprietary, but also constitutes a trade secret under the Uniform Trade Secrets Act definition, it could be protected under Minn. Stat. Section 13.37 subd. 1(b) and subd. 2. The MGDPA definition of "trade secret information" tracks the language of the UTSA, and thus includes "government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use." If it meets this definition, then subd. 2 makes it nonpublic data with regard to data not on individuals, and private data with regard to data on individuals. Beyond the protections of this provision, it would be difficult for a city to keep a promise of confidentiality. O. RECORDS -AVAILABILITY AND RETENTION The Consultant agrees that the City or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Consultant and invoice transactions relating to this Agreement. Consultant agrees to maintain these records for a period of three (3) years from the date of termination of this Agreement. P. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment and signed by the parties. Q. DEFAULT AND CANCELLATION If the Consultant fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute default. Unless the Consultant's default is executed, the Client may, upon written notice, immediately cancel this Agreement in its entirety. Agreement - Eagan Comprehensive Plan Update August 17, 2016 Page 6 of 7 This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice. R. PROCESSING OF PAYMENTS. Prior to the processing of any and all payments to the Consultant pursuant to this Contract, compliance with Woodbury Finance Department regulations on the completion and filing of W-9 forms and other IRS and Minnesota Department of Revenue taxing forms is required. S. AUTHORIZATION IN WITNESS WHEREOF, The CLIENT and the CONSULTANT have made and executed this Agreement for Professional Services, T. CONSULTANT'S OBLIGATIONS TO SUBCONTRACTORS/SUBCONSULTANTS, The Consultant shall pay any subcontractor within ten days of the Consultant's receipt of payment from the Client for undisputed services provided by the subcontractor. The Consultant shall pay interest of one and one-half (1-1/2%) percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time pursuant to this provision to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of one hundred ($100.00) dollars or more shall be ten ($10.00) dollars. For an unpaid balance of less than one hundred ($100.00) dollars, the Consultant shall pay the actual penalty due under this provision to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. This day of , 2016 CLIENT City of Eagan, Minnesota By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk Agreement - Eagan Comprehensive Plan Update August 17, 2016 Page 7 of 7 Approved as to Form: City Attorney Approved as to Content: Planning Department CONSULTANT Hoisington Koegler Group Inc. Name: R. Mark Koegler Title: CEO Comprehensive Plan Update City of Eagan SCOPE OF WORK - ATTACHMENT "A" Introduction The following describes the work to be performed by the Hoisington Koegler Group Inc. (HKGi) project team for the City of Eagan (City) to update the Comprehensive Plan. In addition to Hoisington Koegler Group Inc., the HKGi project team includes Tangible Consulting Services (Tangible). It is understood that the Project seeks to update the existing Eagan Comprehensive Plan. This update will substantially maintain the format of the current comprehensive plan document and will include the redline of desired edits, replacement of certain sections that have been updated or altered, and inclusion of new sections that are intended to be added; all related to the land use, housing and economic development chapters of the current plan. For these elements, the plan update will meet the required components of the Land Planning Act and the Metropolitan Council. Specifically, the plan will address the required land use density and affordable housing goals and updates based on Metro Council requirements including Thrive 2040. Task 0 General Activities The following describes meetings and coordination activities to be performed by the HKGi team over the course of the Project. 0.1 Staff, Advisory Planning Commission, Advisory Commissions, and City Council Involvement Involvement from Eagan staff, appointed officials, and elected officials is imperative to a successful planning process. We will have continual and ongoing communications with City Staff. Interactions with staff will include bi-monthly phone and email communications between the Consultant Project Team and the Eagan staff project manager. It is also expected that City Staff will periodically provide updates to various boards and commissions at their regular meetings to keep them apprised of the process and from time to time seek feedback on a particular topic or question. Over the course of the project, HKGi staff will attend and participate in a total of 5 City Council and/or Advisory Planning Commission work sessions and/or meetings. Task 0 — HKGi Project Team Deliverables • Summaries of project team meetings and check-in meetings. Task 0 — Eagan Staff Responsibilities • Coordinate Advisory Planning Commission meetings including all meeting announcements, meeting locations, any required printing for packets and electronic distribution of all review materials. • Coordinate meetings of the City Council and other Advisory Commissions including all meeting announcements, meeting locations, any required printing for packets, electronic distribution of all review materials, and meeting summaries and minutes. Task 1 Organizing the Process The objective of this task is to build the foundation for the planning process. In this task, the HKGi project team will review existing information sources and work with the Eagan GIS department to outline the base mapping needed to support the project. A "kick off day" will serve as a means of collecting information and building relationships between the consulting team and the City. 1.1 Collect and Organize Existing Data HKGi will collect and review existing information about Eagan. The scope of work assumes that background information will be compiled by City Staff. Information to be supplied includes but is not limited to: 1. Eagan's System Statement from the Metropolitan Council. 2. All amendments made to the current Comprehensive Plan. 3. Any market studies and demographic analysis undertaken since completion of the 2010 Comprehensive Plan. 4. Zoning ordinance, subdivision regulations and any other land use controls used to implement the Comprehensive Plan. 5. Policies governing use of tax increment financing, tax abatement and other economic development tools. 6. Other applicable information 1.2 Establish framework of Base Mapping HKGi staff will work with the Eagan GIS Department to outline GIS datasets and other electronic mapping data needed for the project. The data will include current aerial photography of Eagan. 1.3 Kick-off Day and Community Tour HKGi will organize and conduct a partial day -long work session in Eagan to "kick off" the project. The purpose of this task is to undertake as many start-up activities as possible in a concentrated manner. This approach helps to get the planning process off to an effective start and to accelerate the consulting team process of understanding present day Eagan. The kick off day will include the following activities: Meet with City Staff The kick off day will begin with a meeting between the HKGi project team and City staff. The purpose of this initial meeting will be to review the logistics of activities that will occur during the day and to discuss the framework for the Comprehensive Plan update with a focus on the land use, housing and economic development chapters. Conduct Community Tour City staff will lead a community tour to give the HKGi project team an orientation to Eagan. A tour provides the consulting team with valuable context to the issues that are discussed over the course of the kick-off day. HKGi will also use the tour to begin compilation of a photo inventory for internal team use. Task 1— HKGi Project Team Deliverables • Notes from kick-off day meetings for internal use. Task 1— Eagan Staff Responsibilities • Project base maps and map book (electronic). • Provide copies (digital and/or paper) of all relative studies, surveys and other documents that are required to support the planning process. • Provide updated dist of GIS datasets. • Coordination of kick-off day activities. Task 2 Community Outreach 2.1 Community Outreach Plan In collaboration with City staff, HKGi will assemble a community engagement/public involvement strategy summarized in a technical memorandum that: • Utilizes effective communication tools accessible to a broad and diverse audience. • Seeks to engage community leaders and underserved populations. • Aligns outreach strategies with the sequence of project tasks so that input gathered can meaningfully inform the work products that are developed, including key decision points. • Includes community-based events and activities in locales where Eagan residents and businesspersons typically congregate. • Incorporates the use of online community engagement platforms by City staff including but not limited to social media and the City website. • Specifically identifies a list of the 5 outreach efforts that will occur during the project with a focus on land use, housing and economic development but also featuring other aspects of the plan as applicable. The 5 will include one public workshop at the end of the planning process and attendance at 4 established group meetings and events such as the Food Truck Festival, Market Fest, etc. 2.2 Project Website, Outreach Tools and Social Media This task includes preparation of the project website (by City staff), establishing parameters for electronic outreach materials (graphic look, file formats, and typical page quantities) and the methodology for use of social media. Related to land use, housing and economic development, the HKGi project team will provide materials in electronic form for use by Eagan staff in the posting and distribution of information on the project website, email blasts and social media. Task 2 — HKGi Project Team Deliverables • Graphic and text files for all electronic postings and communications. Task 2 — Eagan Staff Responsibilities • Design and establish project website. • Summaries of key input and information from the email alert system and newsletters. • Distribution of packet materials for all meetings. • Distribution of all materials using the email system. • Posting and responses to all usage of social media. • Summaries of key input and information from social media. Task 3 Evaluate the Current Eagan Comprehensive Plan Chapters This task includes a meeting between the HKGi project team and Eagan staff to discuss and critique the Land Use, Housing and Economic Development chapters of the existing Comprehensive Plan. The purpose of the meeting is to define those elements of each chapter that are in need of updating as well as content that is currently lacking in each of the chapters in the existing plan. The process to be employed involves the discussion meeting, subsequent preparation by the HKGi project team of a technical memorandum for each chapter clearly identifying those elements that are to be updated, and review and approval of the memo by City staff. Task 3 — HKGi Project Team Deliverables Technical memorandum summarizing the results of task 3. Task 3 — Eagan Staff Responsibilities • Participation in the chapter review meetings. • Review and approval of the technical memorandum. Task 4 Urban Villages Charrette One of the key recommendations of the Eagan Forward initiative is to consider the establishment of urban villages in select locations throughout the community to create more pedestrian friendly living environments. The HKGi team will explore opportunities for urban villages through a one -day charrette involving members of the consulting team and City staff. The charrette will accelerate the planning process by creating a highly creative, interactive environment for participants to work efficiently together. Importantly, it will also provide an opportunity to achieve consensus on some of the worthiest ideas that emerge from the discussion. The charrette will identify areas in the community that have the potential to evolve into more dense, urban village environments over time. At the beginning of the session, we will conduct an overview of the community to identify candidate sites for further consideration. Working in collaboration, charrette participants will help generate sketch plans for each of the sites that illustrate land use, site access and egress, circulation, potential building and parking configurations, preservation of significant site features, open space concepts, and landscape concepts. The results of the charrette will incorporated into the update of the Land Use chapter of the plan as appropriate. Task 4 — HKGi Project Team Deliverables • Notes from all meetings for internal team use. • Land use and development visions and graphic land use concept plans for potential future urban villages. • Incorporation of charrette results into the updates to the Land Use chapter of the plan. Task 4 — Eagan Staff Responsibilities • Participate in planning charrette. • Internal distribution of packet materials for the charrette. Task 5 Update the Current Plan Chapters 5.1 Land Use Chapter Using the information from Task 4, the HKGi team will prepare the updated Land Use chapter. This will be accomplished through an iterative approach working collaboratively with City Staff, and through workshops with the Advisory Planning Commission and City Council. We envision two workshops with City staff and one workshop with the Planning Commission and City Council during this task. Since the Land Use chapter is likely to contain recommendations for the establishment of urban villages and other departures (such as the new Minnesota Vikings development) from the existing Land Use chapter, it is important to get concurrence from the Advisory Planning Commission and City Council at this stage in the update process. Ultimately, this task will result in a draft land use plan, development projections (housing and commercial sq. ft.), and a phasing/sequencing plan, particularly for change areas such as potential urban village sites. The plan will be developed using the baseline GIS data prepared by the City. Land uses will be generally categorized consistent with the current land use categories of the comprehensive plan and will incorporate past and current infrastructure plans, stormwater system plans, and park and trail system plans. The chapter will be prepared consistent with Metropolitan Council requirements. 5.2 Housing Chapter (Including Housing Implementation) HKGi will prepare the housing chapter to address existing and projected housing needs. Information from the Land Use chapter will inform the specific update of this chapter. Urban villages along with development associated with the new Minnesota Vikings project have the potential to help the City of Eagan meet its goals for affordable housing. The housing chapter will analyze existing housing data, assess housing needs, discuss the City's ongoing role in housing, and identify local and regional resources to accomplish housing objectives. Updated goals and policies and action steps will be integrated into the housing section of the plan as well as the housing component of the Implementation section of the plan. 5.3 Economic Development Chapter The HKGi team will work with City staff to craft a strategic approach to economic development. The HKGi project team will facilitate two work sessions with City staff to chart a course for the update of the Economic Development chapter. Preparations for the planning sessions will include assembly of best practices from similar communities, a summary of Eagan's economic competitiveness in the region and metro area (including strengths, weaknesses, employment/industry concentrations, demographics and market strengths, etc....), and an overview of how economic development is interconnected to all aspects of comprehensive planning (land use, parks, trails, roads, infrastructure, etc.). The first work session will focus on presenting information and brainstorming key values, vision, and priorities. The second work session will be a review of the Economic Development plan chapter. Task 5 — HKGi Project Team Deliverables • Summaries of all meetings. • Draft plan chapters: Land Use, Housing and Economic Development, Task 5 — Eagan Staff Responsibilities • Review of all draft materials. • Distribution of packet materials for all meetings. • Participation in economic development work sessions. Task 6 Conduct Plan Review and Seek Approvals Since the updating of the Eagan Comprehensive Plan will be a collaboration involving the HKGi project team and Eagan City staff, it will be necessary to coordinate the overall plan review to include all of the components of the Comprehensive Plan. 6.1 Conduct community plan review workshop Along with City staff, the HKGi project team will conduct a workshop to present the draft plan and to receive feedback from the public. It is anticipated that this workshop may be structured in the form of an open house. This format spans a two hour period without a fixed, linear agenda. Individual "stations" representing chapters of the plan will be set up. A ten to fifteen minute PowerPoint presentation explaining the updated Plan will be repeated throughout the session. Materials prepared for the workshop by HKGi will correspond to the land use, housing and economic development chapters of the plan. 6.2 Assist with policy maker review The HKGi project team will prepare materials related to land use, housing and economic development to assist staff with their review of the draft plan by City advisory commissions. 6.3 Prepare final revisions The HKGi project team will meet with City staff to review the feedback received and to agree on any changes to the land use, housing and economic development draft plan chapters. HKGi will make final revisions to the land use, housing and economic development portions of the Comprehensive Plan. 6.4 Seek approvals HKGi will assist City Staff in undertaking the formal process for approval of the updated Comprehensive Plan including participation in the public hearing required for Comprehensive Plan. 6.5 Prepare Executive Summary Consistent with the format established by the City, HKGi will prepare summaries of the Land Use, Housing and Economic Development chapters of the plan as components of a complete executive summary of the overall plan document. Task 6 — HKGi Project Team Deliverables • PDF versions (high and low resolution) of the final Land Use, Housing and Economic Development plan chapters suitable for publication, electronic posting and distribution. • Microsoft Word files of the text and graphics for the three plan chapters. Task 6 — Eagan Staff Responsibilities • Distribution of packet materials for all meetings. • Submission of the plan to the Metropolitan Council for review and comment. • Printing of final document to meet the City's internal needs. ATTACHMENT B HOISINGTON KOEGLER GROUP INC. 2016 - 2017 HOURLY RATES Principal...................................................... $170-225/hr Associate ....... Senior Professional .......... ........................ $115-165/hr ...... $90-165/hr Professional II ................................................ $80-105/hr Professional I .................................................. $50-85/hr Technical......................................................... $40-65/hr Secretarial............................................................ $60/hr Litigation Services ...................... Testimony ................................. Incidental Expenses: ........... $200/hr ............ $285/hr Mileage ................................... current federal rate/mile Photocopying BW.............................................15C/page Photocopying Color ....................................... $1.00/page Outside Printing ............................................ Actual.Cost Large Format Scanning ................................. Actual Cost B/W Bond Plots..............................................$5.00 each Color Bond Plots...........................................$20.00 each Photo Paper Color Plots...............................$40.00 each Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA N. Project 1192 Johnny Cake Ridge Road (Cliff Road to Teal Cove) Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1192 (Johnny Cake Ridge Road, Cliff Road to Teal Cove - Street Improvements) and schedule a public hearing to be held on October 4, 2016. Facts: ➢ Project 1192 provided for approximately 3,230 feet of street improvements on Johnny Cake Ridge Road, a collector roadway in southwest Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on January 5, 2016. ➢ The project, constructed under Contract 16-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. Attachments (0) Agenda Information Memo September 6, 2016 Eagan City Council Meeting X001(9 ►11r_WW1U O. Project 1193 Denmark Avenue, Timbershore Additions & Pilot Knob Heights Additions Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1193 (Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions - Street Improvements) and schedule a public hearing to be held on October 4, 2016. Facts: ➢ Project 1193 provided for approximately 6,245 feet of street improvements on Denmark Avenue and other streets within the Timbershore and Pilot Knob Heights Additions, all residential/collector streets in central Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on January 19, 2016. ➢ The project, constructed under Contract 16-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. Attachments (0) Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA P. Project 1196, Cedar Grove 3rd Addition Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1196 (Cedar Grove 3rd Addition - Street Improvements) and schedule a public hearing to be held on October 4, 2016. Facts: ➢ Project 1196 provided for approximately 8,795 feet of street improvements on residential streets in west central Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on January 5, 2016. ➢ The project, constructed under Contract 16-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. Attachments (0) Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA Q. Project 1203, Mallard Park 2"d Addition Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1203 (Mallard Park 2nd Addition - Street Improvements) and schedule a public hearing to be held on October 4, 2016. Facts: ➢ Project 1203 provided for approximately 1,775 feet of street improvements on residential streets in southwestern Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on January 5, 2016. ➢ The project, constructed under Contract 16-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. Attachments (0) Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA R. Contract 16-04, Central Maintenance Facility Renovations Change Order No. 2 Action To Be Considered: Approve Change Order No. 2 to Contract 16-04 (Central Maintenance Facility Renovations) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 16-04 provides for Phase I of a Central Maintenance Facility (CMF) expansion and consists of additional heated vehicle storage and equipment bays, enlarged and updated service bays, as well as a salt storage shed. ➢ The proposed revisions as part of Change Order No. 2 address the addition and deletion of a number of electrical components included in the original design of the CMF renovations, as well as some additional excavation, and adjusts the substantial completion dates on two areas of the project. ➢ A memo from the project architect is attached summarizing the items included in the change order. ➢ The substantial completion dates are being adjusted from September 15, 2016 to September 30, 2016 to account for minor delays encountered during construction ➢ Change Order No. 2 provides an addition of $5,699.22 (0.09% of original contract) to the contract. The cost will be funded by various funds as designated in the 2016-2020 Facilities Capital Improvement Plan. ➢ The costs associated with this Change Order have been reviewed by the project architect and determined to be consistent with prices received for similar items on projects within the metropolitan area. Attachments (1) CR -1 Architect's Memo OERTEL .ARCHITECTS 1795 ST. CLAIR AVENUE ST. PAUL, MINNESOTA 55105 TEL: 651-696-5186 www.oertelarchitects.com FAX: 651-696-5188 DATE: August 25, 2016 TO: City of Eagan FROM: Oertel Architects RE: City Contract #16-04 Central Maintenance Facility - Renovations Change Order #02 MEMORANDUM Change Order #02 modified the following scope of the contract: G.C. #01: Modified existing bussing and switch gears as required to add (2) 200A twin switches. The existing switch gear could not accommodate the required upgrades without modification. The total cost associated with the added work is: $5,763.87. G.C. #02: Modified electrical lines feeding light fixtures and mechanical units to MC cable (in lieu of pipe and wire). The total credit associated with the change is: (-) $12,360.65. G.C. #03: Credit associated with shortening distance to UP -1 and storage bin feeder. The total credit associated with the change is (-) $4,416.01. P.R. #08R: Added excavation and export of 12" of existing soil at the Salt Storage structure. The total cost associated with the added work is: $8,145.50. P.R. #09: Additions and modifications to miscellaneous Site & Building electrical including modifying power to the Gate Controller, adding additional conduit from the Water Treatment building to the existing low voltage pullbox (for low voltage contractor to route cabling). The total cost associated with the added work is: $11,797.10. P.R. #11: Added (3) remote transmitters for operating the overhead coiling door at the Brine Building. The total cost associated with the added work is: $161.70. R.F.I. #23: Modified the pad mounted cabinets for the Brine building and Utility Storage building to be wall mounted cabinets. The total credit associated with the change is: (-) $871.49. R.F.I. #37: Modified the hangers for Type C fixtures to be gripple hangers. The total credit associated with the change is: (-) $1,999.10. R.F.I. #39: Modify the lower 12" of IMC cabling feeding devices at 48" a.f.f. to EMT (all horizontal runs at 48"a.f.f. would remain IMC, all cabling above 48" would be EMT). The total credit associated with the change is: (-) $521.70. Total net change (cost) of Change Order #02 is: $5,699.22. The costs associated with this Change Order have been reviewed by Oertel Architects and determined to be consistent with prices received for similar items on projects within the metropolitan area. Change Order 02 memo Printed: 8/25/2016 Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA S. MV Eagan — Viking Lakes Easement Vacation Action To Be Considered: Receive a petition to vacate public easements located within the MV Eagan development in northeast Eagan (proposed Viking Lakes), and schedule a public hearing to be held on October 4, 2016. Facts: ➢ In conjunction with the proposed MV Eagan development in northeast Eagan, a petition to vacate public easements in the area has been prepared and submitted for Council consideration to schedule a public hearing on October 4, 2016. Public easements were dedicated on recorded plats and acquired on unplatted parcels at various times for public improvement projects and to provide for public drainage. ➢ The purpose of the request is to allow the recording of a final plat of the property, Viking Lakes, for a proposed mixed-use development. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The request would vacate all of the public right-of-way, drainage and utility and temporary construction easements within this portion of the proposed development. ➢ The new final plat, Viking Lakes, will dedicate public right-of-way and drainage and utility easements that will adequately address the public streets and drainage and utility purposes. The proposed plat is scheduled for Council consideration at a future 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 scheduled public hearing. Attachments (2) CS -1 Vacation Areas Exhibit CS -2 Location Map NORTHEAST EAGAN EASEMENT VACATION EXHIBIT Vacation Area 1 Drainage and utility easements shown and dedicated in the plat of Lone Oak recorded May 24, 1985, as Document No. 688442. Vacation Area 2 Drainage and utility easements, including wetlands, as shown and dedicated in the plat of Lone Oak Second Addition recorded September 30, 1987, as Document No. 808352, except as partially vacated as evidenced by Notice dated October 3, 1989, recorded December 15, 1989, as Document No. 917057. Vacation Area 3 Easements for drainage and utility purposes, including wetlands, as shown on the recorded plat of Lone Oak Third Addition, recorded November 23, 2011, as Document No. 2832468. Vacation Area 4 Utility and drainage easements, as shown on the plat of Lone Oak Second Addition, as partially vacated by the Notice of Completion by the City of Eagan, recorded December 15, 1989, as Document No. 917057. Vacation Area 5 Easement for drainage and utility purposes in favor of the City of Eagan, as contained in the Drainage and Utility Easement, dated September 8, 1989, recorded September 26, 2989, as Document No. 905742. Vacation Area 6 Easement for street, utility, drainage and construction purposes, excepting therefrom the Temporary Easement, in favor of the City of Eagan, as contained in the Right -of -Way, Drainage and Utility and Temporary Construction Easement, dated May 17, 2011, recorded June 2, 2011, as Document No. 2803549. Vacation Area 7 Easements for utility and drainage purposes shown and dedicated on the Plat of Lone Oak, recorded May 24, 1985, as Document No. 688442. Vacation Area 8 Easements for utility and drainage purposes as shown and dedicated on the Plat of Novus Addition, recorded July 17, 2007, as Document No. 2530679. Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA T. Contract 16-25, Denmark Avenue Rain Gardens Renovation — Phase 2 Action To Be Considered: Award a contract for Contract 16-25 (Denmark Avenue Rain Gardens Renovation — Phase 2) to Outdoor Lab Landscape Design, Inc. for $3,602.00 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On June 2, 2015, the City Council adopted the 2016-2020 Capital Improvement Plan for Public Works Infrastructure that included the project "Denmark Avenue Rain Gardens Renovation." The six street -side rain gardens were originally installed in conjunction with the sidewalk and road narrowing project in 2006 between Wescott Road and Duckwood Drive. ➢ Phase 1 of the project was completed in June 2016 and included deepening basins, adding check dams, removing metal sediment boxes and fieldstone boulders, and installing temporary erosion control and edging. ➢ Contract 16-25 provides for the second and final phase of the renovation and includes dividing and replanting existing perennials, adding new perennials and vegetative check dams, and distributing shredded wood mulch. ➢ On August 24, 2016, the City obtained a bid quotation of $3,602.00 from Outdoor Lab Landscape Design, LLC for Contract 16-25. Representatives of the Public Works Department have reviewed the price quotation for accuracy and compliance with specifications and found it to be in order for favorable Council action. Attachments (0) Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA U. Contract 16-26, Rain Garden Infrastructure Maintenance Action To Be Considered: Award a contract for Contract 16-26 (Rain Garden Infrastructure Maintenance - Water Resources) to Outdoor Lab Landscape Design, Inc. for $6,910.00 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On June 2, 2015, the City Council adopted the 2016-2020 Capital Improvement Plan for Public Works Infrastructure that included "Water Resources Infrastructure Maintenance." ➢ Contract 16-26 provides for the rehabilitation of curb inlets to six street -side rain gardens that were originally installed in 2009 along Golden Meadow Road, Hackmore Drive, and Augusta Lane. ➢ The proposed improvements include installing concrete sediment -collection trench drains and splash pads, replacing a concrete apron, and repairing other miscellaneous items. ➢ On August 18, 2016, the City obtained a price quotation of $6,910.00 from Outdoor Lab Landscape Design, LLC for Contract 16-26. Representatives of the Public Works Department have reviewed the bid quotation for accuracy and compliance with specifications and found it to be in order for favorable Council action. Attachments (0) Agenda Information Memo September 6, 2016 Eagan City Council Meeting CONSENT AGENDA V. Wetlands Delineations and Temporary Impacts Northern Natural Gas Project Action To Be Considered: Approve boundary and type determinations of six (6) wetland areas and render a "No -Loss" decision, allowing temporary impacts to those wetlands for no more than 180 consecutive days. Facts: Northern Natural Gas Company (NNGC) is planning to install a new 7.86 -mile, 20 -inch pipeline in Dakota County. The project spans (west to east) from Cedar Meter Station at 4065 Old Sibley Memorial Highway in Eagan to Rosemount Meter Station at 2025 Bonaire Path West in Rosemount. The new pipeline expansion will extend across most of the city, with approximately 99 percent co -located with existing energy and transportation infrastructure within an existing NNGC easement. Project facilities are being constructed to accommodate a contractual obligation to meet delivery needs for Minnesota's Northern States Power Company's Black Dog Generating Station. As part of the project, NNGC has submitted a complete application and wetland delineation report to the City of Eagan, requesting approval of the boundaries and types of the six (6) wetland areas covering 0.344 acre in Eagan and requesting a "No -Loss" decision, which would allow temporary impacts to those areas for no more than 180 consecutive days. Minnesota Wetland Conservation Act Rules (MN Rules Ch. 8420.0410; 8420.0415) allow certain activities to occur within wetlands provided they don't result in permanent loss of or impact to wetlands. The Rules define such conditions as "No -Loss." ➢ The City Council approved Resolution 09-20 on August 3, 2009 delegating decision authority for exemption, no -loss, wetland boundary and type, and sequencing determinations to Eagan's water resources coordinator (now water resources manager). A Staff is requesting the City Council to act on this application because of the project's wide geographic scale and high -potential visibility by the public. Representatives of the Public Works Department have reviewed the application and found it to be consistent with MN Rules and in order for favorable Council action. Attachments (1) CV -1 Northern Natural Gas Expansion Alignment Map Cedar Station Upgrade Eagan g j e Pro jact Location �s a� 00 00 O� O APO. F 0 av O Apple Walley Rosem,oun°& e ►� ti Agenda Information Memo September 6, 201 6 Eagan City Council Meeting Consent Agenda: W. Contract 16-24, Central Maintenance Facility Renovations Security, Access Control & Paging Services Action To Be Considered: Award Contract 16-24 (Central Maintenance Facility Renovations - Security, Access Control and Paging Services) to Parson’s Corporation for $63,664.76 and authorize the Mayor and City Clerk to execute all related documents Facts:  Project 1206 provides for Phase I of a Central Maintenance Facility (CMF) expansion and consists of additional heated vehicle storage and equipment bays, enlarged and updated service bays, as well as a salt storage shed.  Contract 16 -24 provides for low-voltage wiring (Data/Voice), security, access control and paging services as part of the CMF renovations.  On August 24, 2016, the City received responses from three bidders for Contract 16-25. The low bid of $63,664.76 from Parson’s Corporation would complete the low voltage wiring remodel required for the Central Maintenance Facility renovations. A bid summary is enclosed.  Representatives of IT and the Public Works Department have reviewed the price quotation for accuracy and compliance with specifications and found it to be in order for favorable Council action. Attachments (2) CW-1 Bid Tabulation CW-2 Contract BIDSUMMARY CENTRAL MAINTENANCE FACILITY RENOVATIONS SECURITY, ACCESS CONTROL & PAGING SERVICES CONTRACT NO. 16-24 Bid Date: Thursday August 24, 2016 Engineer's Estimate: $79,417 Contractors Base Bid Over/Under Estimate Parsons Corporation $63,664.76 -19.8% TriCom Communications $75,908 -4.4% UHLCompanies $78,046 -1.7% CONTRACT AGREEMENT THIS CONTRACT AGREEMENT ("Agreement"), made and signed this 1 St day of September , 2016, by and between City of Eagan hereinafter called the "Owner", and _� C:'i`-L-� ,hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I. The Contractor hereby covenants and agrees to perforin and execute all the provisions of the plans and specifications as prepared by the Owner, and indicated below under ARTICLE VI, as provided by the Owner for: Central Maintenance Facility Remodel and to do everything required by this agreement and the Contract Documents. The "Contract Documents" shall have the meaning as set forth in Article VI. ARTICLE IL CONTRACT TIME II.1 The work will begin after September 6th, 2016, and has desired completion dates that vary. All fiber work between the Central Maintenance Facility and North Treatment Plant must be completed on or before, September 16th 2016. All fiber work between North Treatment and the Brine Building (including NEMA enclosure) inust be completed on or before, September 16th, 2016. All fiber work between the North Treatment and the Utility Storage Building must be completed on or before, September 30th, 2016. All other work in these areas, including the new gate, access control, paging, security systems, low -voltage cable needs to be completed on or before, November 1", 2016. The new construction area at the Central Maintenance Facility needs to be completed on or before, December 15th, 2016. All construction on the renovated areas (old part of building) at Central Maintenance is to be completed on or before, March 1St, 2017 All Contractor administrative and contract close-out work, including submittal to the State Department of Revenue of all necessary documentation regarding the withholding of State income tax from wages paid to all Contractor and subcontractor employees for work performed under this Agreement, shall be completed within 45 days of substantial completion of the Project. II.2 Liquidated Damages The Owner and Contractor recognize that time is of the essence as concerns this Agreement and that the Owner may incur financial loss if the work is not completed within the times 30 p age specified, plus any extensions thereof allowed. Contractor also recognizes the delays, expense, and difficulties involved in proving the actual loss suffered by the Owner in a legal proceeding if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay monies in accordance with MnDOT specification 1807.1 for each day that expires after the time specified for completion and readiness for final payment. ARTICLE III. CONTRACT PRICE Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in the amount of $63,667.76 ARTICLE IV. PAYMENT PROCEDURES Contractor shall submit applications for payment. Applications for payment will be processed by the Owner as provided herein. IV.1 Partial Payments Owner shall make partial payments on account of the contract price on the basis of Contractor's applications for payment as recommended by Owner's Staff, on or about the 15th day of each month, during construction as provided below. All progress payments will be on the basis of the progress of the work measured. IV. 1.1. Progress payments will be made in an amount equal to ninety-five percent (95%) of the work completed, but, in each case, less the aggregate of payments previously made and less such amounts as determined by the Owner's Staff. N.2 Final Payment Owner shall pay the remainder of the contract price as recommended by the Owner's Staff and upon final completion. ARTICLE V. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations. V.l Contractor is familiar with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 31_1 p age V.2 Contractor has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions, which are identified in the specifications. V.3 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies which pertain to the subsurface or physical conditions at or contiguous to the site or that otherwise may affect the cost, progress, performance, or furnishing of the work as Contractor considers necessary for the performance or furnishing of the work at the contract price, within the contract time, and in accordance with the other terms and conditions of the Contract Documents. No additional examinations, investigations, explorations, tests, and reports, studies, or similar information or data are or will be required by Contractor for such purposes. VA Contractor has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing facilities at or contiguous to the site and assumes responsibility for the accurate location of said facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said underground facilities are or will be required by Contractor in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract documents. V.5 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terns and conditions of the Contract Documents. V.6 Contractor has given the Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution provided by the City to the discerned items are acceptable to Contractor. ARTICLE VI. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consist of the following: VI.1. This Agreement VI.2. Bid Quote (conformed copy) VI.3. Americans with Disabilities Act VIA Affidavit of Noncollusion ARTICLE VII. MISCELLANEOUS VII.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to 321Page ____ be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under the contract documents. VII.2. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the contract documents. VII.3. Prompt payment to subcontractors. The Contractor must pay any subcontractor within ten days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing this action. IN WITNESS WHEREOF, Owner and Contractor have signed all three copies of this Agreement. Two counterparts each have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Owner's engineer on their behalf. This Agreement will be effective upon execution by the mayor and clerk of the Owner. 33Page IN WITNESS WHEROF, the parties to this Agreement have hereunto set their hands and seals as of the day and year first above written: CITY OF EAGAN By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Cleric STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2016, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 341 Page CONTRACTOR Parsons Technologies By: Bob Bu bee Its: Account Manaaer STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 6th day of September, 2016, by Bob Buabee the Account Manager , of Parsons a Delaware LLC , on behalf of the LLC Otafy Pub 'c JENNIFER MARIE MILLER NOTARY PUBLIC -MINNESOTA My ConvWsslon Expires Jan. 31, 2020 351 Page AMERICANS WITH DISABILITIES ACT HUMAN RIGHTS ACT, STATE OF MINNESOTA Contractor hereby represents and states that the contractor shall be in compliance with the American with Disabilities Act of 1990, 42 USC § 12101-12214 as amended (ADA) and in compliance with the State law, specifically the Human Rights Acts, Minn. Stat.§363.01, et al. Contractor assumes all liability with respect to any complaints or violations of the Americans with Disabilities Act of Minn. Ch. 363.01, et al, and contractor agrees to save harmless or indemnify the City of Eagan from any such claims including, but not limited to costs, expenses, and attorneys' fees resulting in noncompliance or violation of said Act by contractor. Signature Parsons Company 9-6-2016 Date 261 Page AFFIDAVIT OF NONCOLLUSION I hereby swear (or affirm) under the penalty for perjury: 1. That I am a Bidder (if the bidder is an individual), a partner in the bidding partnership (if the bidder is a partnership), or an officer or employee of the bidding corporation (if the bidder is a corporation) having authority to sign on its behalf. 2. That the attached Bid Proposal has been arrived at by the Bidder independently, and have been submitted without collusion with, or without any other vendor of materials, supplies, equipment, or services described in the invitation to bid. That the contents of the Bid Proposal have not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder, and will not be communicated to any such person prior to the official opening of the Bid Proposal; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed Firm Name Parsons Technologies Bidder's E.I. Number: 06-1635069 (Number used on Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941) Subscribed and sworn to before me this 6th day of September 2016. (SEAL) J, . I —A No ar P lic JENNIFER MARIE MILLER NOTARY PU8W.MWWWfA . MY Ca"*&Ion Expires Jan. 31, 2000 271 Page CERTIFICATE OF ACKNOWLEDGEMENT BY PRINCIPAL (For use where Contractor is individual or partnership) STATE OF MINNESOTA ) COUNTY OF ) On this day of 2016, before me personally appeared to me known to be the person described in and who executed the foregoing bond, and acknowledged that he executed the same as free act and deed. Notary Public (Notarial Seal) 28Page CERTIFICATE OF ACKNOWLEDGEMENT (For use where Contractor is a Corporation) STATE OF MINNESOTA ) COUNTY OF On this day of 2016, before me personally appeared and to me personally known who, being by me duly sworn, did say that they are respectively the and of that the seal affixed to the foregoing instrument was executed in behalf of the corporation by authority of its Board of Directors, and said and acknowledged the instrument to be the free act and deed of said corporation. Notary Public (Notarial Seal) 29Page Agenda Information Memo September 6, 2016, Eagan City Council Meeting CONSENT AGENDA X. Approve A Resolution To Accept A Radio Promotion In-kind Donation For Eagan Market Fest Action To Be Considered: To approve a resolution accepting a radio promotion in-kind donation of radio advertising PSA spots to promote Eagan Market Fest and direct the Mayor and City Clerk to sign the appropriate documents. In -Kind Donation: ➢ Radio promotion advertising from Twin Cities Wellness Radio (KDIZ AM 1570). Facts: ➢ Eagan Market Fest hosts an annual Health & Wellness Night with wellness vendor booths offering interactive experiences and free community health screenings. ➢ Twin Cities Wellness Radio (KDIZ AM 1570) station is headquartered out of Eagan, MN with listeners in the Twin Cities area through radio programming and health and wellness podcasts to promote health and wellness topics. ➢ Twin Cities Wellness Radio (KDIZ AM 1570) inquired about partnering with Market Fest by providing free radio PSA's, live recording at the market and further marketing exposures in return for a booth at the event and other marketing opportunities associated with Market Fest. They will provide: 0 30 second M -Sun 5:00 a.m. —12:00 a.m. radio PSA ads (20 per week) 0 60 second M -Sun 5:00 a.m. —12:00 a.m. radio PSA ads (5 per week) o Eagan Market Fest logo on the KDIZ AM 1570 website during the month of August o Record live from Eagan Market Fest on August 10, 2016 at Health & Wellness Night Attachments: (2) CX -1 Resolution CX -2 Partnership Agreement —Twin Cities Wellness Radio (KDIZ AM 1570) CITY OF EAGAN RESOLUTION TO ACCEPT DONATION A RADIO PROMOTION IN-KIND DONATION FOR EAGAN MARKET FEST. WHEREAS, Eagan Parks and Recreation offers the Eagan Market Fest Health & Wellness Night on August 10, 2016 that offers partnership opportunities; and WHEREAS, Twin Cities Wellness Radio (KDIZ AM 1570) expressed an interest in partnering with Eagan Parks & Recreation for the Eagan Market Fest; and WHEREAS, Twin Cities Wellness Radio (KDIZ AM 1570) will to donate 25 radio PSA's to Eagan Market Fest and; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the in- kind radio promotion donation to support Eagan Market Fest. Motion made by: Seconded by: Those in favor: Those against: Dated 9-6-2016 CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled the 16th day of August, 2016. City Clerk 2016 Eagan Parks & Recreation Market Fest Event Radio Promotions Partnership Twin Cities Wellness radio (KDIZ AM 15 70) & Eagan Market Fest History: In July 2016, Twin Cities Wellness Radio (KDIZ AM 1570) — Salem Media Group / Twin Cities approached the City of Eagan Parks & Recreation Department regarding a radio promotional partnership for Eagan Market Fest. Being that the mission of the Eagan Market Fest is to promote health and wellness through healthy initiatives at the farmer's market and Twin Cities Wellness Radio has a shared mission to promote health and wellness in their local listening community and through podcasts, an event partnership was formed. Promotional Partnership Summary: The City of Eagan Parks & Recreation Department and the Eagan Market Fest Community Event seeks to begin a beneficial partnership with Twin Cities Wellness Radio (KDIZ AM 1570) as a supporter of Eagan Parks & Recreation's award winning Eagan Market Fest community event. A partnership at this level provides Twin Cities Wellness Radio (KDIZ AM 1570) with marketing exposures and outreach opportunities in order to reach Eagan and surrounding area residents and bringing Twin Cities Wellness Radio greater public exposure as a civic minded partner. Event Summary: The Eagan Market Fest has seen significant growth both in the number of vendors as well as the number of attendees and has been recognized both locally and nationally as an event of high quality that brings the community together. 2015 Event Highlights: • Set a new 9 -year season attendance record of 49,909 visitors. • Set a 2015 weekly record on Classic Car Night with 5,100 visitors. • Health & Wellness Night with 4,000+ visitors. Awards: Eagan Market Fest has been rated #1 in MN in 2011, #2 in MN 2010, 2012 and a Top 20 nationwide market every year since 2010 by American Farmland Trust in Washington DC and has the full support of the Eagan community. The contest was disbanded in 2013. The Eagan Market Fest has become known by Eaganites as "our community's main street." The focus is on healthy living by offering a farmer's market with fresh produce, artisan booths, free family activities, live music and performance groups. The event's main purpose is to bring residents together. This is a true community endeavor. In 2015, the market was held 18 weeks. Several themed weeks with additional activities planned. Theme Weeks: Several themed weeks with additional value-added activities are planned to draw new attendees to the market and further connect residents with area organizations. Examples of theme weeks include: Classic Car & Oldies Music Night, Latino Night Celebration and the Health & Wellness Night. 2016 Market Dates/Time: Wednesdays, June 1 — September 28 from 4:00-8:00 pm and September 7 — 28 from 3:00 — 7:00 p.m. Market Location: Eagan's Central Park and Festival Grounds at the Eagan Community Center located at 1501 Central Parkway, Eagan. Event Target Audience: This event attracts a wide audience range. Its focus is on Eagan residents although the event attracts visitors from other local cities. Attendees include working adults who visit the event after work, adults of all ages 18 through senior adults, adults 20-50 with children and culturally diverse populations. Attendance in 2015 set an overall season record with 49,909 visitors. Radio Promotions Partnership Twin Cities Wellness Radio (KDIZ AM 15 70) & Eagan Market Fest The City of Eagan Parks & Recreation Department and Twin Cities Wellness Radio (KDIZAM 1570) agree to the following partnership agreements for the following events: The terms of the agreement are listed as follows: Twin Cities Wellness Radio (KDIZ AM 1570) will provide to the City of Eagan radio promotions of Eagan Market Fest (Value $2,500): ■ 30 second M -Sun 5:00 a.m —12:00 a.m. radio PSA ads (20 per week) ■ 60 second M -Sun 5:00 a.m. —12:00 a.m. radio PSA ads (5 per week) ■ Eagan Market Fest logo on the KDIZ AM 1570 website during the month of August (for Health & Wellness night) ■ Record live from Eagan Market Fest on August 10, 2016 at Health & Wellness Night The City of Eagan (Eagan Market Fest) will provide to Twin Cities Wellness Radio (KDIZ AM 1570) the following: ■ Twin Cities Wellness Radio (KDIZAM 1570) will have a plotter sign 2' x 3' banner on a sign A -frame at the entrance to the Eagan Market Fest as the Radio Partner for the August 10th Health & Wellness Night provided by the City of Eagan. ■ Twin Cities Wellness Radio (KDIZ AM 1570) will be identified on the Eagan Market Fest Health & Wellness Day of Event flyer (schedule of activities) handed out on August 10, 2016 at the front gate as people enter, along with the market's additional Health & Wellness event partners (Sun Thisweek Newspapers, Think Bank, The Urgency Room, Argosy University, Dr. Jennifer Eisenhuth, Eagan 55 plus/Seniors and At Home Apartments) — Distribution 500 event flyers. ® Twin Cities Wellness Radio (KDIZAM 1570) will receive a mention on the entertainment stage during sponsor thank you on band break as a promotional partner as viewed by the concert audience. ■ Twin Cities Wellness Radio (KDIZAM 1570) has the option to have a 10' x 10' booth at Eagan Market Fest on August 10, 2016 at Health & Wellness Night. The City of Eagan will supply one table (6 ft.) and 2 chairs. 10 x 10 canopy tent and tent weights are optional and Twin Cities Wellness Radio has indicated they will bring their own tent. o Selling of items at Health & Wellness booths is prohibited. However, vendor may offer an interactive experience such as contests, drawings, collect email addresses, provide giveaway items, do demonstrations, provide free health screenings, etc. It is suggested that you let the Market Manager know what interactive experience the vendor will offer for final approval of that activity. ■ Twin Cities Wellness Radio (KDIZAM 1570) will receive a framed certificate of appreciation for their event partnership at their booth to display during the event and for future display at their offices. Trade Agreement Disclaimer Ownership of Promotional Materials: Any plan, idea and all promotional materials created by Twin Cities Wellness Radio (KDIZAM 1570) or Eagan Parks and Recreation Department shall be and will remain the property of both parties. Agreement The City of Eagan Parks and Recreation Department and Twin Cities Wellness Radio (KDIZAM 1570) agree to the terms of the sponsor partnership as outlined above. Promotional Partnership — City of Eagan Contact: Kerry Phillips — Recreation Supervisor & Eagan Market Fest Coordinator (651) 675-5525 office; (651) 402-0256 (cell) Email: kphillips@cityofeagan.com Trade Agreement Disclaimer Ownership of Promotional Materials: Any plan, idea and all promotional materials created by Twin Cities Wellness Radio (KDIZAM 1570) or Eagan Parks and Recreation Department shall be and will remain the property of both parties. Agreement The City of Eagan Parks and Recreation Department, the Market Fest Event and Twin Cities Wellness Radio (KDIZAM 1570) agree to the terms of the sponsor partnership as outlined above. Mayor Mike Maguire (City of Eagan Representative) Christina Scipioni (City Clerk) Twin Cities Wellness Radio (KDIZ AM 1570) Date Date Date Agenda Information Memo September 6, 2016 Eagan City Council Meeting Y. Approve AccessEagan Non -Exclusive Accessand Use Agreement With DataBank Holdings LLC Action To Be Considered: Y. Approve Access Eagan non-exclusive Access and Use Agreement with DataBank Holdings LLC and authorize the Mayor and Clerk to sign; and further authorize the Director of Communications or IT Manager to execute all necessary work and pricing schedules to implement the subsequent fiber connections with the concurrence of the City Attorney. Facts: ➢ With approval, DataBank will become the first Data Center transport service provider to come onto the AccessEagan wholesale fiber network. ➢ Since 2013, the Eagan City Council approved similar contracts with telecommunications service providers Frontier Communications, Arvig Enterprises, Velocity Telephone, Inc., Granite Telecommunications, OneNet USA and Enventis Corporation. ➢ The AccessEagan network was cited as a major reason DataBank chose to locate its new data center in Eagan. The network offers business connectivity and fully scalable high speed bandwidth throughout the central portions of Eagan. ➢ The network is open access, meaning the fiber infrastructure is available to any service provider wishing to serve Eagan businesses and agreeing to the terms and conditions for use of the network. Attachments: (1) CY-1 Master Agreement A A GAN A finer service for business NON-EXCLUSIVE NETWORK ACCESS AND USE AGREEMENT Between CITY OF EAGAN, MINNESOTA and DataBank Holding LTD. Dated effective as of July 1, 2016 NON-EXCLUSIVE NETWORK. ACCESS AND USE AGREEMENT This Non -Exclusive Network Access and Use Agreement ("Agreement"), is made and entered into as of the day of May, 2013 ("Effective Date"), by and between the City of Eagan, a Minnesota municipality ("C�' ), and DataBank LTD, located at 3255 Neil Armstrong, Eagan, MN, a Texas LLC ("Service Provider"). City and Service Provider may be individually referred to as a "Party" and collectively as the "Parties." RECITALS: A. City owns, maintains, equips and operates an advanced communications network ("Network" ). B. The Network is designed to permit private Service Providers to offer a variety of competitive advanced communications services to residences, businesses, governmental entities and other end users located within the City. C. Service Provider wants to use the Network on a non-exclusive basis for the purposes set forth herein, and City wants to contract with Service Provider for such purposes. D. This Agreement memorializes a long term relationship wherein City is relying on Service Provider to actively market to potential Service Provider Customers and provide high quality Service Provider Services. E. The Parties understand that City, at its sole discretion, may enter into agreements with other Service Providers and entities and that Service Provider may utilize other network facilities within the city of Eagan to provide service to other customers. F. City, on the terms, covenants and conditions contained in this Agreement, is willing to grant Service Provider the right to use the Network, to provide Network Services to Service Provider Customer. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained in this Agreement, City and Service Provider.mutually agree as follows: ARTICLE I -- DEFINITIONS Unless the contextclearly indicates otherwise, certain terms used in this Agreement shall have the meanings set forth below: ARTICLE 1.1 "Agreement" means this Agreement and incorporates any Exhibits, Appendices, Schedules, hyperlinked documents, or other attachments referenced herein. ARTICLE 1.2 "Force Majeure" as used in this Agreement shall mean any cause beyond the reasonable control of City or Service Provider, as applicable, or beyond the reasonable control of any of their respective contractors, subcontractors, suppliers or vendors, including without Customers. Nothing in this Agreement shall restrict or limit City's ability to independently promote, market, sell, or perform any other tasks relative to all or any portion of the Network, its Service Providers, and/or the service offered across the Network. Nothing in this Agreement shall restrict or limit Service Provider to promote, market, sell Service Provider Services on its network or other networks available to Service Provider. Service Provider and the City will meet once per year during the term of this Agreement to discuss marketing and promotional plans for the upcoming year. ARTICLE 6.2 Service Provider's Use of City's Brand Name and/or Logo. Each party may use the other party's brand name and/or logo in such party's marketing materials, advertisements, and/or press releases, provided that such use shall be in accordance with the other party's brand use guidelines that are provided from time to time. The parties acknowledge and understand that certain services may be provided to City by third parties. At City's sole discretion, Network services may also be promoted under third party brand names and/or logos. Each party's use of brand names and/or logos shall comply with the brand owner's use guidelines. The City and Service Provider, as applicable, shall request written consent for any press releases using the other party's brand names and/or logos before publication. Such consent shall be considered within twenty .(20) business days and not unreasonably withheld. ARTICLE VII -- REPRESENTATIONS AND WARRANTIES ARTICLE 7.1 Representations and Warranties. Each party represents and warrants to the other party that: (a) it is duly organized and in existence in the state of its incorporation or organization; (b) this Agreement, when duly executed, shall constitute a valid, legal, and binding obligation of such party, and shall be enforceable in accordance with its terms; (c) the .individual executing this Agreement on behalf of such party has been duly authorized to sign this Agreement; (d) to the best of its knowledge, such party has not violated any rule, order or regulation issued by any government authority with respect to any license, permit, or franchise which may materially and adversely affect its right or ability to execute, and perform in accordance with the terms of, this Agreement; (e) to the best of its knowledge, no litigation or government proceeding is pending or threatened which might adversely affect this Agreement, the transactions contemplated by this Agreement, or such party's rights under, or ability to perform pursuant to the terms of, this Agreement; and (f) such party possesses sufficient financial, managerial and technical capacity and resources to perform its obligations under this Agreement. ARTICLE 7.2 Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY .MADE ANY WARRANTY REGARDING THE NETWORK OR THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE NETWORK OR THE SERVICES WILL OPERATE ERROR -FREE OR WITHOUT INTERRUPTION. 2 ARTICLE VIII -- COVENANTS ARTICLE 8.1 Conduct of Business. Service Provider will use commercially reasonable efforts to comply in all material respects with applicable laws, regulations, and government orders applicable to Service Provider's use of the Network to provide Service Provider Services. Service Provider and its end users will comply with City's Acceptable Use Policy and other policies listed at http://www.accesseagan.com, which City may modify from time to time in its sole discretion. ARTICLE 8.2 Privacy of Customer Information. Each party will comply with all applicable federal, state, and local laws, regulations and ordinances regarding the protection and use of customer information. The parties acknowledge that they from time to time may be required to provide a Law Enforcement Agency (LEA) with the capability to conduct electronic surveillances on the Service Provider Customers. Where City is providing the underlying network facilities for on -net local voice calls between Service Provider's customers on City's Network, City agrees to provide Service Provider access to any necessary elements of its Network required to comply with federal, state and local electronic surveillance requirements; provided, however, that the implementation and provision of any such electronic surveillance with respect to the Service Provider Customers shall be Service Provider's sole responsibility and implemented by Service Provider's employees or agents, unless otherwise required by law or to fulfill Service Provider's compliance with such law. The Parties further agree no later than ninety (90) days after the Effective Date to document a method and procedure that fully sets forth the roles, responsibilities, methods, and procedures of the Parties for handling security and electronic surveillance issues related to the Service Provider Customers. Service Provider shall be responsible for filing any and all reports with all applicable governmental agencies related to compliance with the provisions of this Section. On those occasions when Service Provider receives a court order that requires the assistance of City to capture or monitor on -net activity, and recognizing the non -disclosure obligations that may be contained therein, Service Provider shall advise the issuing authority that City's assistance is required and the issuing authority shall direct and serve the court order upon City. If either City or Service Provider receives an initial inquiry .from the LEA, prior to the issuance of a court order, which will require the assistance of the other party to capture or monitor on -net activity, that Party shall request the LEA to name and serve both City and Service Provider. ARTICLE 8.3 Damage or Destruction. In the event any segment of the Network is damaged or destroyed, City or Service Provider shall give prompt notice to the other party of the occurrence of the damage or destruction. City and Service Provider shall cooperate with each other to reroute or substitute services delivered by means of the affected portion of the Network to allow for continued and least interrupted service to customers. City shall have sole repair obligation and shall use its best efforts to restore or reroute service as quickly as possible so that the use of the Network is minimally disrupted. ARTICLE 8.4 Ownership of Network. The Network shall remain the sole and exclusive property of the City and nothing contained herein shall give or convey ownership or title to Service Provider. If Service Provider installs Service Provider's equipment on the Network, then Service Provider shall prominently affix identifying plates, tags or labels on such equipment identifying their ownership or control of the equipment. Neither Party shall tamper with, remove, or conceal such identifying plates, tags or labels; nor knowingly allow third parties to do so. Except as otherwise agreed to by the Parties, any equipment installed by Service Provider will remain the sole and exclusive property of Service Provider or if agreed to by Service Provider, of the third party for which Service Provider has installed the equipment. ARTICLE 8.5 Insurance. During the term of this Agreement, both Service Provider and City shall at all times, at its own cost and expense, procure and maintain insurance or some other type of comparable security as necessary to cover their respective duties assumed under this Agreement, including workers compensation, commercial general liability and property damage insurance, as well as such other insurance as may be required by law. Service Provider shall require its respective contractors, subcontractors and agents ("Service Provider Agents") to maintain adequate insurance coverage to respond to the types and degree of risk posed by the work performed by such parties. At a minimum, during the term of this Agreement, Service Provider shall maintain, and shall require each Service Provider Agent to maintain, at its or their own expense, insurance coverage with limits of no less than the following, which limits shall not be deemed to be a limit of liability on the obligations of Service Provider or Service Provider's Agents: (a) Commercial General Liability including contractual liability, providing coverage against liability for bodily injury, death, and third party property damages in the minimum amount of Five Hundred Thousand Dollars ($500,000) per occurrence and no less than One Million Dollars ($1,0003000) general aggregate; and (b) Automobile Liability in the minimum amount of One Million Dollars ($1,000,000) Combined Single Limit per occurrence for bodily injury and property damage (covering owned, non -owned and hired vehicles). ARTICLE 8.6 Certificates of Insurance. Service Provider shall deliver to City certificates of insurance issued by the insurer or an agent of the insurer prior to the execution of this Agreement. Such certificates shall indicate that policies providing coverage and limits of insurance are in full force and effect. Service Provider will have the City listed as an additional insured on the general liability and any excess/umbrella liability policies through the Service Provider's insurer issuing an additional insured endorsement and provide a copy of this additional insured endorsement with the certificate of insurance. The general liability policy will provide a waiver of subrogation against City. ARTICLE IX e.. ASSIGNMENT AND SECURITY INTERESTS ARTICLE 9.1 City Financings. To finance Network construction, installation, and operations, City reserves the right to grant security interests in the Network to one or more third parties. Service Provider, at the request of City, shall execute such acknowledgments, subordination, and estoppel agreements as may be required in connection with City's financings. ARTICLE 9.2 Attornment. In the event that title to the Network changes as may be permitted hereunder, Service Provider's obligations under this Agreement shall remain in force and in effect unless terminated pursuant to this Agreement, and shall attorn to the benefit of the successor in title; provided, however, that any such successor in title maintains sufficient financial, managerial, and technical capacity and resources to perform its obligations under the terms of this Agreement, and such successor meets all of City's obligations and representations under this Agreement. ARTICLE 9.3 Assignment by Service Provider. Service Provider may assign this Agreement without written consent in whole as part of a corporate reorganization, consolidation, merger, sale of all or substantially all of its assets, or transaction or series of related transactions that results in the transfer of fifty percent (SO%) or more of the outstanding voting power of Customer. iService Provider shall also have the right to assign or transfer its interest in this Agreement with City's prior written consent which shall not be unreasonably withheld, conditioned or delayed, provided that any assignee or transferee hereunder; (a) assumes all of Service Provider's obligations under this Agreement; (b) holds all necessary government authorizations, certifications and permits to provide Service Provider Services; and (c) in the reasonable judgment of City, possesses sufficient financial, managerial and technical capacity to perform under the terms and conditions of this Agreement. Any assignment or transfer of Service Provider's interest in this Agreement in violation of this Section, at City's option, shall be void, or give City, in its sole discretion, the right to declare a termination event under Article XI of this Agreement. ARTICLE X -- LIABILITY AND INDEMNIFICATION ARTICLE 10.1 Indemnity. Service Provider shall indemnify, defend, and hold harmless the City and their officers, agents and employees of and from any claim, demand, lawsuit, or action of any kind for injury to or death of persons, and damage or destruction of property, arising out of. (a) negligent or willful acts or omissions of such party, its agents, officers, directors, employees or contractors; (b) the performance by such party of any of its obligations under this Agreement; or (c) any allegation that the indemnifying party has infringed, misappropriated or otherwise violated the intellectual property right of a third party. The obligation to indemnify shall extend to and encompass all costs incurred by City in defending such claims, demands, lawsuits or actions, including, but not limited to, attorney, witness and expert witness fees, and any other litigation related expenses. Service Provider shall pay any cost that may be reasonably incurred by the City in enforcing this indemnity, including reasonable attorney fees and court costs.. The parties will cooperate with each other in the defense of any third party claims covering a combination of Service Provider's equipment, software and the like with City's Network. The City agrees to indemnify, defend, and hold harmless Service Provider solely for any criminal, negligent, gross negligent, or willful and wanton acts or omissions by its employees. Notwithstanding the foregoing, the City's indemnity is solely limited to available insurance proceeds and nothing in this Agreement shall be construed to be a waiver of the City's statutory tont limits under Minnesota Statutes Chapter 466, ARTICLE 10.2 Maximum Liability. The Indemnifying Party shall not be obligated to reimburse the Indemnified Party for any losses that exceed, in the aggregate, $1,000,000 in the three (3) months preceding the event giving rise to the indemnification claim. ARTICLE 10.3 No Consequential Damages, Direct Damages, Notwithstanding any provision in this Agreement to the contrary, neither City, Service Provider nor their respective agents, employees, contractors or subcontractors shall be liable to the other for incidental, consequential, reliance, special, punitive or indirect damages arising out of this transaction whether by reason of contract, indemnity, strict liability, negligence, breach of warranty or from breach of this Agreement, and regardless of whether the Parties knew of the possibility that such damages could result, each Party hereby releases the other Party of such claims. BOTH PARTIES TOTAL LIABILITY TO EACH OTHER SHALL BE LIMITED TO THE LESSER OF THOSE AMOUNTS DUE PURSUANT TO THE SERVICE LEVEL AGREEMENTS, OR THE TOTAL VALUE OF THE CONTRACT FOR THE SERVICES GIVING RISE TO THE CLAIM. NOTHING CONTAINED IN THIS SECTION SHALL LIMIT A PARTY'S LIABILITY TO THE OTHER FOR (i) WILLFUL OR INTENTIONAL MISCONDUCT (INCLUDING GROSS NEGLIGENCE) OR (ii) BODILY INJURY, DEATH OR DAMAGE TO TANGIBLE REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY CITY'S OR SERVICE PROVIDER'S NEGLIGENT ACT OR OMISSION OR THAT OF THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS, NOR SHALL ANYTHING CONTAINED IN THIS SECTION LIMIT THE PARTIES' INDEMNIFICATION OBLIGATIONS, AS SPECIFIED IN THIS AGREEMENT. FOR PURPOSES OF THIS SECTION, AMOUNTS DUE AND OWING TO CITY PURSUANT TO THIS AGREEMENT SHALL NOT BE CONSIDERED TO BE INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR SPECIAL DAMAGES. In the event of a breach of this Agreement that is not otherwise cured as provided herein, and subject to the indemnification obligations in this Agreement, the parties shall be liable to each other only for direct damages. Notwithstanding the foregoing, the City's and Service Providers liability is solely limited to available insurance proceeds and nothing in this Agreement shall be construed to be a waiver of the City's statutory tort limits under Minnesota Statutes Chapter 466. ARTICLE 10.4 Limitation of City LiabilitX. Service Provider shall have sole responsibility for the :provision of Service Provider Services to its Service Provider Customers. City shall in no way be deemed to guarantee the adequacy of Service Provider's Service Provider Services for such Service Provider Customers' needs or requirements. The waivers and disclaimers of liability, releases from liability, exclusive remedy provisions, and (except as expressly stated to the contrary therein) indemnity and hold harmless provisions expressed throughout this Agreement shall apply even in the event of the fault, negligence (in whole or in part), strict liability, or breach of contract of the party released or whose liability is waived, disclaimed, limited, apportioned or fixed by such exclusive remedy provision, or who is indemnified or held harmless, and shall extend to their respective affiliates and its and their respective partners, directors, officers, employees, and agents. Such provisions shall continue in full force and effect notwithstanding the completion, termination, suspension, cancellation, or rescission of this Agreement, or termination of the rights and privileges granted by this Agreement. No officer, director, employee, agent or other individual representative of either City or Service Provider shall be personally responsible for any liability arising under this Agreement. ARTICLE XI -- BREACH AND TERMINATION ARTICLE 11.1 Termination Events. The occurrence and continuance of the following events may result in the termination of this Agreement, at the terminating party's sole discretion, subject to this Article: (a) a material breach or a material default under the terms, covenants and conditions of this Agreement by either City or Service Provider; (b) a change in any federal, state or local law, regulation or rule, or the issuance of an Order by the Federal Communication Commission, that materially impacts ownership or operation of the Network, or Service Provider's use, or the terms for Service Provider's use, of the Network. Upon a party's notice of termination under this Section 11.1(b), each party's sole liability is limited to meeting its respective obligations set forth in Section 11.3, as applicable, and as permitted under such change in law; (c) immediately without delivery of notice, upon: (1) the insolvency of Service Provider, as determined by Service Provider's inability to pay its debts to creditors as they become due, (2) the filing by Service Provider of a voluntary petition in bankruptcy, (3) the involuntary commencement: against Service Provider of any proceedings under any law (whether United States or foreign) relating to insolvency or bankruptcy which is not vacated within 30 days, (4) adjudication of Service Provider as bankrupt or insolvent pursuant to an involuntary petition, (5) the appointment by any court of competent jurisdiction of a temporary or permanent receiver, custodian, trustee or other officer having similar powers for Service Provider or Service Provider's business, who is not removed within 30 days, (6) any levy under attachment, garnishment, execution or any other similar process against Service Provider which is not vacated within 30 days or removed by payment or bonding, or (7) any assignment by Service Provider for the benefit of its creditors. Service Provider shall immediately notify City in writing upon the occurrence of any of the above -listed events. Failure to do so shall constitute a breach of this Agreement; or (d) upon sixty (60) days' written notice for any or no reason. ARTICLE 11.2 Cancellation and Early Termination of Schedules. If Service Provider cancels any Schedule, in whole or in part, prior to installation or delivery, Service Provider shall pay a cancellation charge equal to one month of the applicable recurring charges for the terminated Service, plus the total costs and expenditures of City in connection with such Schedule prior to City's receipt of notice of cancellation, including, but not limited to, City's applicable installation charges which can be substantiated as complete. Following installation, Service Provider may terminate a Schedule, in whale or in part, by providing at least thirty (30) days prior written notice to City. If Service Provider terminates a Schedule, in whole or in part, then Service Provider shall pay City a cancellation charge equal to all unpaid amounts applicable to the terminated portion of the Schedule through the date of termination, plus three months of the recurring charges for the terminated Service. ARTICLE 11.3 Right to Cure. If the termination event is a breach or default described in Section 11. 1, the non -defaulting party shall give written notice of such occurrence to the defaulting party. The defaulting party shall be given a reasonable time to cure any breach or default as follows: (a) in the case of a monetary default for undisputed charges, the defaulting party shall have thirty (30) calendar days after receipt of written notice to effect a cure; (b) in the case of a nonmonetary default, the defaulting party shall have sixty (60) calendar days after receipt of written notice to effect a cure. If the nonmonetary default cannot be corrected within such sixty (60) calendar day period, the defaulting party shall have an additional reasonable time in which to effect a cure, provided the defaulting party commences corrective action within the original sixty (60) calendar day period and thereafter diligently prosecutes the corrective action to completion. If the defaulting party does not timely cure the breach or default within the time periods specified above, the non -defaulting party may elect to terminate this Agreement by providing written notice of such election to the defaulting party. ARTICLE 11.4 Rights upon Termination. Upon the termination of this Agreement, the parties shall continue to abide by the terms of the Agreement, including the payment obligations hereof. The termination period shall last a. maximum period of four (4) weeks following the date of termination notice. Service Provider shall have the right to use the Network to deliver Service Provider Services during the termination period only as necessary to continue service to existing Service Provider Customers until such Service Provider Customers are migrated to any alternative Service Provider. ARTICLE XII - MISCELLANEOUS ARTICLE 12.1 General. This Agreement shall constitute the entire agreement and understanding of the Parties with respect to the subject matter hereof, and shall supersede all offers, negotiations and other agreements with respect thereto. Any amendment to this Agreement must be in writing and executed by the authorized representatives of each Party. This Agreement may be executed in any number of counterparts and by each of the Parties hereto on .separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. Any signature page of this Agreement may be detached from any counterpart and.reattached to any other counterpart hereof. The facsimile transmission of a signed original of this Agreement or any counterpart hereof and the retransmission of any signed facsimile transmission hereof shall be the same as delivery of an original. If any term or provision of this Agreement shall, to any extent, be determined by a court of competent jurisdiction to be void, voidable or. unenforceable, such void, voidable or unenforceable term or provision shall not affect any other term or provision of this Agreement. Whenever the context shall require, the plural shall include the singular, the whole shall include any part thereof, and any gender shall include both other genders. The article, section and paragraph headings contained in this Agreement are for purposes of reference only and shall not limit, expand or otherwise affect the construction of any provisions hereof. All references in this Agreement to articles, sections and paragraphs, unless expressly noted otherwise, are to articles, sections and paragraphs contained in this Agreement. City and Service Provider reserve no control whatsoever over the employment, .discharge, compensation of or services rendered by the employees or contractors of each other. Nothing in this Agreement shall be construed as inconsistent with the foregoing independent status and relationship or as creating or implying a partnership or joint venture between City and Service Provider. There are no third party beneficiaries to this Agreement. ARTICLE 12,2 Governing Law, Jurisdiction acid Venue. This Agreement shall be governed by the laws of the State of Minnesota. For all litigation which may arise with respect to this Agreement, the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction and venue (and waive any claim of forum nonconvenzens) of the federal court or Dakota County district court in Minnesota. For judgment collection purposes only, the parties further consent to the jurisdiction of any state court located within a district which encompasses assets of a party against which a judgment has been rendered for the enforcement of such judgment or award against the assets of such party. ARTICLE 12.3 Commissions and Costs. No brokerage, finder's or other fee, commission or compensation shall be paid by either party in connection with the transaction contemplated by this Agreement. The parties .shall indemnify and hold .each other .harmless (including attorney fees and costs) from and against any and all claims for brokerage and finder'.s fees or commissions which may be asserted against the other based on the actions or omissions of the indemnifying party, Except as otherwise set forth in this Agreement, each party shall be responsible for its own costs, including legal fees, incurred in negotiating and finalizing this Agreement. ARTICLE 12.4 Construction and Interpretation. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been negotiated by the parties and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it. This Agreement shall be binding upon and shall inure to the benefit of City, Service Provider and their respective successors and assigns. ARTICLE 12.5 Excuse of Performance. Notwithstanding anything in this Agreement to the contrary, neither party shall be liable or responsible for a delay or failure in performing its obligations (other than Service Provider's obligations to make payments for Network Services already provided by City) under this Agreement caused by Force Majeure. If either City or Service Provider cannot fulfill any of its obligations under this Agreement by reason of Force Majeure, such party shall promptly notify the other and shall exercise due diligence to remove such inability with all reasonable dispatch; provided, that nothing contained in this Agreement shall be construed as requiring City or Service Provider to settle any strike, work stoppage or other labor dispute in which it may be involved, or to accept any permit, certificate, license or other approval on terms deemed unacceptable to such party, or to enter into any contract or other undertaking on terms which the party deems to be unduly burdensome or costly. If the nature or duration of the Force Majeure event is such that either party is irreparably harmed to the extent that both parties agree that the affected party is unable to perform its obligations under this Agreement, then the affected party shall be held harmless and have the right to terminate this Agreement -as provided herein. ARTICLE 12.6 Waivers, The failure by either party at any time or times hereafter to require strict performance by the other of any of the undertakings, agreements or covenants contained in this Agreement shall not waive, affect or diminish any right of either party to demand strict compliance and performance therewith. None of the undertakings, agreements or covenants of the parties under this Agreement shall be deemed to have been waived unless such waiver is evidenced by an instrument in writing signed by the party to be charged specifying such waiver. ARTICLE 12.7 Notices. Unless otherwise specifically provided in this Agreement, any notice or other communication herein required or permitted to be given shall be in writing and may be personally served, faxed, emailed or sent by courier or United States certified mail and shall be deemed to .have been given when delivered .in person or by courier service, upon .receipt of a telecopy or telex, or five (5) days after deposit in the United States mail, with postage prepaid and properly addressed, as follows: if to City: City of Eagan, Director of Communications Attn: Tom Garrison 3830 Pilot Knob Road Eagan, MN 55122 if to Service Provider: '!m %-l-�l} Attn: kbi r 0 -b Such addresses may be changed by notice to the other party given in the same manner as above provided. ARTICLE 12.8 Attorney Fees. If either party defaults in any of the covenants or agreements contained herein, the defaulting party shall pay all costs and expenses, including reasonable attorney fees and costs, incurred by the non -defaulting party to protect its rights hereunder, regardless of whether an action is commenced or prosecuted to judgment. ARTICLE '12.9 Survival. In the event of termination or upon expiration of this Agreement, those provisions that normally would survive, shall survive, and continue in full force and effect. ARTICLE XIII – DISPUTE RESOLUTION ARTICLE 13.1 Dispute Resolution. Except in connection with a proceeding in equity, which will be governed by the rules of procedure of the applicable court, claims, disputes or other matters in 10 question between the Parties hereto arising out of or relating to this Agreement or any breach hereof shall be first submitted to mediation, with the Parties sharing equally the cost thereof. If the Parties cannot agree on themediator, one shall be appointed by the District Court. If the dispute is not resolved through mediation, the venue for any dispute shall be the District Court for Dakota County, Minnesota. Effective as of the date first written above. City: City of Eagan By: Mike Maguire Its: Mayor By: Its: Deputy Cleric Service Provider: By: Tim Moore Its: DataBank CEO 11 Agenda Information Memo September 6, 2016, Eagan City Council Meeting CONSENT AGENDA Z. Approve Exempt Permit for Twin Cities Trout Unlimited to hold a raffle on October 14, 2016 at 1501 Central Parkway Action To Be Considered: To adopt a resolution approving an Exempt Permit for Twin Cities Trout Unlimited to conduct a raffle on October 14, 2016 at 1501 Central Parkway. Facts:  Twin Cities Trout Unlimited 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) CZ-1 Resolution RESOLUTION NO. _______ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT TWIN CITIES TROUT UNLIMITED WHERAS, Twin Cities Trout Unlimited has applied for an Exempt Permit to conduct a raffle on October 14, 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 Twin Cities Trout Unlimited to conduct a raffle on October 14, 2016 at 1501 Central Parkway. CITY OF EAGAN CITY COUNCIL By: _________________________ Its Mayor Attest: _______________________ Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: September 6, 2016 CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6th day of September, 2016. ____________________________ City Clerk Agenda Information Memo September 6, 2016, Eagan City Council Meeting PUBLIC HEARING A. Certification of Delinquent Utilities Action To Be Considered: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Facts: ➢ The City Code allows for collection through certification of delinquent utility bills which are not paid. ➢ At the August 8, 2016 City Council meeting, a public hearing was scheduled for the September 6, 2016 City Council meeting. ➢ The City currently has approximately 1055 utility bill accounts with delinquent balances. The assessable amount of these accounts is $264,100.56. If certified, 4% interest is added to the balance. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ➢ At the same time in 2015, the City had approximately 959 utility bill accounts with delinquent balances that totaled $188,188.40. The variance in accounts being assessed between 2016 and 2015 is believed to be a result of the following: - Inclusion of I&I program accounts that were not assessed during the 2015 fall period. There are 18 accounts that total $37,959.40. - Increase in the number of non I&I program accounts with delinquent balances over $1,000. In 2015, there were 3 accounts that totaled $4,691.06. In comparison, there were 14 accounts that totaled $31,079.04 - Increase in the average number of unpaid water bills per account that leads to a higher delinquent balance on for the customer's account. - Increase in Utility Rates may have also led to a higher assessable balance. Attachments: (1) PHA -1 Delinquent account list Account # 0010100105 4206 NICOLS RD 0010105104 2111 SHALE LANE 0010105609 2091 SHALE LANE 0010108603 4346 DIAMOND DR 0010108702 4352 DIAMOND DR 0010110609 2066 QUARTZ LANE 0010110807 2074 QUARTZ LANE 0010201200 2073 QUARTZ LANE 0010203008 2078 MARBLE LANE 0010203701 2106 MARBLE LANE 0010205300 2073 MARBLE LANE 0010206902 4279 AMBER DR 0010210201 2125 MARBLE LANE 0010210607 4251 DIAMOND DR 0010300200 4266 AMBER DR 0010301703 4265 LIMESTONE DR 0010303303 4253 JASPER DR 0010307205 2042 CORAL LANE 0010307403 4230 MOONSTONE DR 0010309201 4265 SANDSTONE DR 0010310605 2063 CORAL LANE 0010311405 2090 DIFFLEY RD 0010312106 2058 DIFFLEY RD 0010403400 4272 SANDSTONE DR 0010407302 2019 SHALE LANE 0010408102 4391 ONYX DR 0010409001 4323 ONYX DR 0010411106 2030 SHALE LANE 0010500601 1681 WALNUT LANE 0010500700 1677 WALNUT LANE 0010501500 1632 WALNUT LANE 0010502102 1658 WALNUT LANE 0010506301 1654 HICKORY LANE 0010507200 1629 WALNUT LANE 0010508406 1645 HICKORY LANE 0010509503 1663 HICKORY LANE 0010510907 1656 HICKORY HILL 0010511202 1650 HICKORY HILL 0010511400 1644 HICKORY HILL 0010512804 1633 HICKORY HILL 0010514404 1677 HICKORY HILL 0010514909 1685 HICKORY HILL 0010515302 1681 HICKORY HILL 0010600211 1454 DIFFLEY RD 0010600229 1448 DIFFLEY RD 0010603108 4233 SEQUOIA DR Delinquent Listing Service Address Certification Balance $1,721.55 $161.14 $313.92 $167.95 $173.44 $109.79 $199.80 $244.65 $176.91 $199.62 $219.18 $1,062.25 $196.48 $160.07 $214.30 $172.88 $286.52 $183.52 $49.35 $200.27 $705.52 $136.90 $31.72 $171.81 $48.17 $147.71 $97.97 $58.67 $73.86 $111.83 $93.67 $43.83 $211.96 $259.36 $54.74 $197.44 $124.42 $31.72 $158.81 $169.44 $339.08 $132.38 $304.10 $298.52 $26.44 $364.28 Delinquent Listing Account # Service Address Certification Balance 0010603603 4224 LODGEPOLE DR $67.31 0010604601 4271 SEQUOIA DR $153.23 0010606101 4343 SEQUOIA DR $252.67 0010606200 4353 SEQUOIA DR $258.59 0010607109 4393 SEQUOIA DR $156.70 0010612414 4375 PILOT KNOB RD $184.92 0010612505 4393 PILOT KNOB RD $281.46 0010701001 4395 GARDEN TR $607.26 0010701605 1378 AMARYLLIS LANE $538.75 0010701704 1384 AMARYLLIS LANE $670.87 0010707602 4353 SVENSK LANE $84.31 0010707602 4353 SVENSK LANE $168.25 0010711109 1290 CARLSON LAKE LANE $364.29 0010712206 4358 DUNROVIN LANE $75.75 0010801306 4454 CHES MAR CIR $154.24 0010801702 1324 WILDERNESS RUN DR $71.89 0010806008 1289 VILDMARK DR $107.11 0010808103 4565 OAK CHASE CIR $129.60 0010808319 4585 OAK CHASE RD $102.59 0010814903 4557 CLIFF RIDGE CT $267.24 0010830701 1286 WILDERNESS CURVE $106.68 0010900504 1384 BALSAM ST E $700.88 0010900702 1376 BALSAM ST E $275.19 0010900801 1370 BALSAM ST E $129.62 0010900900 1366 BALSAM ST E $201.13 0010901502 4296SVENSKLANE $403.22 0010902302 1355 BALSAM ST E $306.99 0010903102 1370 SIGFRID ST E $425.87 0010904902 1354 EASTER LANE $143.14 0010905107 1346 EASTER LANE $451.40 0010905305 1338 EASTER LANE $298.63 0010905909 1339 EASTER LANE $183.13 0010906501 1395 SIGFRID ST E $908.14 0010906808 1314 EASTER LANE $61.93 0010907111 1317 EASTER LANE $116.71 0010907400 4220 CARLSON LAKE LANE N $246.21 0010907806 4251 CARLSON LAKE LANE N $236.14 0010910503 1212 BALSAM TR E $100.20 0010910909 1219 BALSAM TR E $474.12 0010913101 1218 CARLSON LAKE LANE $79.77 0010915809 1236 CARLSON LAKE LANE $46.99 0011000809 1720 WALNUT CIR $85.79 0011002508 1700 HICKORY HILL $139.39 0011003100 1708 HICKORY HILL $232.48 0011005907 1711 HICKORY HILL $169.25 0011007606 1745 HICKORY HILL $1,180.46 4 Delinquent Listing Account # Service Address Certification Balance 0011008703 1763 WALNUT LANE $84.03 0011009404 1781 WALNUT LANE $68.85 0011010402 1797 WALNUT LANE $171.77 0011010600 1803 WALNUT LANE $73.83 0011014404 1756 HICKORY HILL $121.69 0011100906 4448 WOODGATE CT $205.16 0011102001 4466 WOODGATE CT $78.81 0011102506 4475 WOODGATE CT $114.63 0011103108 4463 WOODGATE CT $276.66 0011105004 1736 WOODGATE LANE $136.35 0011106606 4462 WOODGATE PT $260.55 0011108909 4498 WOODGATE PT $79.48 0011110301 4439 WOODGATE PT $213.32 0011110509 1724 WOODGATE LANE $375.96 0011110806 1720 WOODGATE LANE $109.44 0011110905 1716 WOODGATE LANE $58.89 0011111101 1714 WOODGATE LANE $58.89 0011111507 1710 WOODGATE LANE $339.14 0011112398 1746 DRAKE DR $361.93 0011112406 4440 JOHNNY CAKE RIDGE RD $161.70 0011113404 4456 JOHNNY CAKE RIDGE RD $386.48 0011113602 4462 JOHNNY CAKE RIDGE RD $153.51 0011115508 1627 MALLARD CIR $329.54 0011117900 1651 WOODGATE LANE $155.18 0011119005 4431 MALLARD CT $151.06 0011119104 4427 MALLARD CT $71.89 0011121803 1753 CANVASBACK LANE $273.35 0011121902 1757 CANVASBACK LANE $118.15 0011122900 4383 WOODGATE LANE N $841.77 0011123700 1754 DRAKE DR $90.68 0011126703 4310 WOODGATE LANE N $405.98 0011200508 4333 MEDARYAVE $184.18 0011204203 4310 METCALF DR $42.38 0011204609 4319 METCALF DR $96.18 0011300506 4526 RIDGEVIEW DR $143.06 0011300803 1329 CHES MAR LANE $88.80 0011303211 1394 LAKESIDE CIR $137.99 0011303500 1381 LAKESIDE DR $236.40 0011308004 1271 DUNBERRY LANE $58.92 0011308418 1259 DUNBERRY LANE $264.59 0011309408 1270 DUNBERRY LANE $171.18 0011402104 4263 MALMO LANE N $1,624.23 0011405008 1306 EASTER LANE $93.78 0011405305 1291 EASTER LANE $223.87 0011406600 4300 DUNROVIN LANE $41.44 0011505708 4280 LYRA CT $169.29 3 Delinquent Listing Account # Service Address Certification Balance 0011511706 4236 BOULDER RIDGE PT $229.61 0011514502 4252 BOULDER RIDGE PT $357.78 0011515103 4212 JUNIPER PT $48.93 0011515202 4210 JUNIPER PT $49.86 0011515301 4213 JUNIPER PT $64.96 0011515608 4219 JUNIPER PT $113.67 0011602406 1850 BEECHER DR $306.29 0011602802 4535 LENORE LANE $80.38 0011624905 4631 TAM IE AVE $265.34 0011701802 1977 BADGER CT $238.62 0011705506 1968 TIMBER WOLF TR N $43.86 0011707502 1971 TIMBER WOLF TR S $571.32 0011708708 1952 TIMBER WOLF TR S $143.60 0011708906 1944 TIMBER WOLF TR S $124.54 0011710308 1948 BEAVER DAM CT $83.83 0011713005 4386 BEAR PATH TR $495.50 0011714300 4353 BEAR PATH TR $99.66 0011714508 4341 BEAVER DAM RD $48.92 0011716305 4249 BLACKHAWK RD $93.57 0011716313 4300 BLACKHAWK RD $221.76 0011716602 1882 DEER HILLS TR $229.26 0011716909 1880 DEER HILLS TR $1,156.17 0011717105 1876 DEER HILLS TR $197.28 0011717204 4235 SUNRISE RD $263.75 0011717303 4237 SUNRISE RD $233.25 0011717501 4241 SUNRISE RD $39.35 0011719309 4285 SUNRISE RD $230.78 0011719804 4297 SUNRISE RD $217.93 0011720000 4301 SUNRISE RD $74.08 0011721206 4294 BEAVER DAM RD $235.98 0011723608 1885 SUNRISE CT $1,809.27 0011724309 1892 SUNRISE CT $50.26 0011726700 4299 SUN CLIFF RD $102.03 0011726908 4291 SUN CLIFF RD $271.62 0011727104 4281 SUN CLIFF RD $351.24 0011727609 1900 BEAR PATH TR $206.68 0011728904 1871 BEAR PATH TR $210.53 0011729308 4308 SUN CLIFF RD $67.90 0011731403 1870 BEAR PATH TR $30.65 0011731700 1864 BEAR PATH TR $423.16 0011732807 4346 FOX RIDGE CT $28.82 0011734902 4294 FOX RIDGE RD $84.94 0011735107 4302 FOX RIDGE RD $162.94 0011735404 4310 FOX RIDGE RD $71.14 0011737509 4281 FOX RIDGE RD $410.44 0011743804 1885 DEER HILLS TR $1,916.68 4 Delinquent Listing Account # Service Address Certification Balance 0011762408 4290 BLACKHAWK RD $165.99 0011800505 4637 BEACON HILL RD $227.19 0011800901 4651 BEACON HILL RD $1,922.75 0011801008 4657 BEACON HILL RD $308.45 0011801206 4669 BEACON HILL RD $222.81 0011801503 4687 BEACON HILL RD $132.61 0011803509 1584 LANCASTER LANE $102.77 0011803608 4610 KINGSBURY DR $322.01 0011803707 4613 CAMBRIDGE DR $577.43 0011804101 1563 LANCASTER LANE $203.17 0011806007 4635 KINGSBURY DR $634.69 0011811601 4707 BEACON HILL RD $174.65 0011813805 4785 BEACON HILL RD $131.70 0011815305 4780 BEACON HILL RD $283.12 0011816303 4713 COVINGTON CIR $263.75 0011816907 4731 COVINGTON CT $153.25 0011817806 4712 COVINGTON CT $2,156.83 0011818705 1604 COVINGTON LANE $56.15 0011901105 4811 SHEVLIN CT $205.16 0011906005 1583 SHERWOOD WAY $74.79 0011908605 1623 NORWOOD DR $289.00 0011909512 1677 SHERWOOD WAY $153.13 0011916400 1520 WELLINGTON WAY $71.99 0011919107 4773 LONDON LANE $196.58 0012001608 4905 SAFARI CT S $141.61 0012003406 4862 SAFARI CT N $300.71 0012004602 4860 SAFARI PASS $609.07 0012004909 4842 SAFARI PASS $154.03 0012005203 2070 CLIFF RD $27.70 0012007407 2047 PIN OAK DR $111.76 0012007506 2053 PIN OAK DR $161.53 0012007704 2065 PIN OAK DR $189.75 0012009205 4725 OAK WAY $139.34 0012010005 4774 OAK WAY $101.77 0012011201 2105 VIENNA LANE $174.04 0012013603 2060 KINGS RD $263.14 0012014205 2048 KINGS RD $101.48 0012014205 2048 KINGS RD $332.86 0012014304 2046 KINGS RD $26.49 0012015004 2091 VIBURNUM TR $123.72 0012016101 2062 VIBURNUM TR $512.68 0012016614 2086 KINGS RD $256.34 0012018305 2148 NANCY CIR $375.76 0012022208 1989 SAFARI TR $950.29 0012022802 1966 SAFARI TR $519.63 0012023107 4883 SAFARI PASS $219.58 5 Delinquent Listing Account # Service Address Certification Balance 0012026191 1960 RAHNCLIFF CT $1,136.51 0012026209 2017 PIN OAK DR $130.33 0012027108 2035 PIN OAK DR $148.24 0012034609 2033 ROYALE DR $172.36 0012036505 2096 ROYALE CT $379.50 0012038709 2086 ROYALE DR $43.48 0012101200 4586 MAPLE LEAF CIR $141.61 0012101903 4593 CANTEBURY CIR $468.33 0012102406 4586 CANTEBURY CIR $303.71 0012104808 4552 KIRKWOOD CIR $88.15 0012105201 1095 KIRKWOOD DR $198.19 0012105607 1084 KIRKWOOD DR $84.99 0012107504 1120 GABBERT CIR $272.04 0012107900 1105 KIRKWOOD DR $224.57 0012108007 1107 KIRKWOOD DR $41.87 0012108601 4553 HORIZON CIR $86.83 0012109005 1112 KIRKWOOD DR $134.56 0012109500 4568 HORIZON CIR $175.76 0012110607 4589 HORIZON CIR $144.08 0012116000 1085 TIFFANY DR $91.40 0012120309 1017 WEDGWOOD LANE S $72.51 0012120408 1021 WEDGWOOD LANE S $276.16 0012122107 4458 WEDGWOOD DR $279.69 0012122503 1011 WEDGWOOD LANE N $244.54 0012129607 847 SUDBERRY LANE $84.92 0012130308 848 SUDBERRY LANE $106.75 0012131702 4439 LYNX CT $193.07 0012134508 784 COUGAR DR $278.93 0012134805 780 COUGAR DR $63.39 0012135703 899 PARK KNOLL DR $239.89 0012205001 745 GOLDEN MEADOW RD $592.67 0012205209 670 ATLANTIC HILL DR $329.25 0012205506 650 ATLANTIC HILL DR $172.43 0012206603 618 ERIE CT $120.99 0012206900 627 ATLANTIC HILL DR $90.63 0012208005 592 ATLANTIC HILL DR $62.41 0012208302 582 MICHIGAN CT $237.96 0012210308 4546 HAY LAKE RD S $94.28 0012215000 4224 VALLEY FORGE PL $179.71 0012215406 4202 VALLEY FORGE PL $500.00 0012215703 4215 VALLEY FORGE PL $264.73 0012220802 860 ROGERS CT $126.67 0012221701 4292 TRENTON TR $314.05 0012223301 4279 VALLEY FORGE PL $500.43 0012223806 4282 VALLEY FORGE PL $361.17 0012224200 4289 TRENTON TR $270.43 Delinquent Listing Account # Service Address 0012225009 4321 TRENTON TR 0012228102 4306 TRENTON TR 0012228300 4285 AUGUSTA LANE 0012228300 4285 AUGUSTA LANE 0012231007 794 SUNSET DR 0012231700 780 SUNSET DR 0012236204 4463 FAWN RIDGE TR 0012239208 4483 WHITETAIL WAY 0012239406 736 HAY LAKE RD N 0012240008 4474 WHITETAIL WAY 0012242905 1014 KENSINGTON TR 0012245205 4371 YORKTOWN DR 0012246104 4364 YORKTOWN DR 0012246401 4346 YORKTOWN DR 0012246500 4340 YORKTOWN DR 0012247300 4250 AUGUSTA LANE 0012261202 705 CARIBOU LANE 0012262507 4508 WHITETAIL WAY 0012264305 769 HAY LAKE RD N 0012280624 668 OVERHILL RD 0012280673 659 OVERHILL RD 0012280855 689 HAY LAKE RD N 0012280954 4505 HAY LAKE RD S 0012280970 4513 HAY LAKE RD S 0012300604 4699 RIDGE CLIFFE DR 0012300703 1693 COVINGTON LANE 0012301107 4693 RIDGE CLIFFE DR 0012301305 4677 RIDGE CLIFFE DR 0012302501 4676 RIDGE CLIFFE DR 0012303400 4658 RIDGE CLIFFE DR 0012304903 4765 PENKWE CIR 0012305801 1652 COVINGTON LANE 0012306304 4666 PENKWE WAY 0012306809 4676 PENKWE WAY 0012307609 1649 COVINGTON LANE 0012309001 4647 RIDGE CLIFFE DR 0012311809 4623 PENKWE WAY 0012313003 4611 PENKWE WAY 0012313706 4607 PENKWE WAY 0012314506 4648 1/2 PENKWE WAY 0012314605 4646 PENKWE WAY 0012314902 4644 1/2 PENKWE WAY 0012315008 4620 1/2 PENKWE WAY 0012315503 4614 1/2 PENKWE WAY 0012316006 4608 1/2 PENKWE WAY 0012317707 4622 RIDGE CLIFFE DR 7 Certification Balance $86.83 $145.39 $36.04 $353.61 $190.10 $26.59 $168.99 $180.28 $98.99 $44.00 $465.42 $410.49 $140.87 $396.92 $66.91 $406.98 $68.19 $88.75 $44.19 $87.02 $1,990.78 $198.37 $320.92 $383.20 $353.53 $119.81 $67.56 $285.92 $244.22 $298.73 $190.08 $154.57 $143.32 $296.86 $110.26 $196.34 $111.77 $360.74 $444.45 $250.58 $936.63 $249.56 $109.46 $149.26 $74.65 $367.16 Delinquent Listing Account # Service Address Certification Balance 0012317806 4620 RIDGE CLIFFE DR $76.99 0012317905 4620 1/2 RIDGE CLIFFE DR $189.37 0012318309 4616 1/2 RIDGE CLIFFE DR $412.36 0012319208 46061/2 RIDGE CLIFFE DR $73.83 0012319703 4602 RIDGE CLIFFE DR $107.96 0012400404 1486 LAKE PARK CIR $142.18 0012400503 1482 LAKE PARK CIR $76.87 0012402004 4548 LAKE PARK CT $140.46 0012421103 881 CURRY TR $200.51 0012427209 4314 BRADDOCK TR $234.43 0012428801 941 CURRY TR $111.73 0012429502 4354 BRADDOCK TR $200.17 0012430302 4328 LEXINGTON POINTE PKWY $80.70 0012434403 4352 LEX POINTE PKWY $116.60 0012436101 4452 HAMILTON DR $357.05 0012436200 4448 HAMILTON DR $96.79 0012436408 4440 HAMILTON DR $73.86 0012440004 4362 LIVINGSTON DR $115.67 0012462008 4392 HAMILTON DR $391.63 0012504403 1526 CLEMSON DR $43.95 0012505004 1515 CLEMSON DR $234.19 0012505400 1519B CLEMSON DR $46.64 0012506606 15316 CLEMSON DR $136.70 0012507208 1537 CLEMSON DR $88.00 0012509006 1558 BAYLOR CT $82.85 0012510806 1569 CLEMSON DR $234.58 0012511101 1575B CLEMSON DR $116.89 0012515003 1546 CLEMSON DR $419.68 0012516704 1566 CLEMSON DR $108.01 0012517207 1572B CLEMSON DR $30.14 0012517702 1578 CLEMSON DR $67.81 0012518502 1588 CLEMSON DR $174.33 0012518908 1592 CLEMSON DR $145.52 0012530309 1615B CLEMSON DR $37.90 0012534103 4315 CLEMSON CIR $156.12 0012535308 1614 CLEMSON DR $43.95 0012601803 4471 SCOTT TR $193.42 0012603106 2099 CLIFFVIEW DR $258.61 0012605200 2127 CLIFFHILL LANE $145.64 0012605507 2115 CLIFFHILL LANE $242.80 0012606901 2094 CLIFFHILL LANE $704.16 0012607107 2102 CLIFFHILL LANE $201.79 0012608105 4528 SCOTT TR $44.85 0012608204 4532 SCOTT TR $127.30 0012608808 4550 SCOTT TR $190.71 0012608907 4556 SCOTT TR $90.11 s Delinquent Listing Account # Service Address Certification Balance 0012609400 4557 SCOTT TR $74.08 0012610200 4535 SCOTT TR $59.47 0012611000 4513 SCOTT TR $108.19 0012611208 4507 SCOTT TR $54.60 0012611505 4499 SCOTT TR $267.92 0012612206 4522 CINNAMON RIDGE TR $92.88 0012612305 4522B CINNAMON RIDGE TR $88.01 0012613006 4514 CINNAMON RIDGE TR $204.94 0012613204 4516 CINNAMON RIDGE TR $69.19 0012615605 4486B CINNAMON RIDGE TR $34.42 0012616405 44786 CINNAMON RIDGE TR $127.06 0012617106 4505 CINNAMON RIDGE TR $94.57 0012622304 4578 CINNAMON RIDGE TR $39.79 0012622403 4576 CINNAMON RIDGE TR $331.15 0012623302 4.548 CINNAMON RIDGE TR $215.95 0012623708 4536 CINNAMON RIDGE TR $83.83 0012624201 4431 SLATER RD $252.61 0012624300 4429 SLATER RD $1,883.39 0012624508 4425 SLATER RD $81.52 0012625406 4403 SLATER RD $103.32 0012625703 4416 SLATER RD $90.50 .0012627600 4481 SLATER RD $74.08 0012628202 4461 SLATER RD $244.83 0012630406 4433 CINNAMON RIDGE CIR $213.96 0012630604 4439 CINNAMON RIDGE CIR $54.60 0012630703 4443 CINNAMON RIDGE CIR $68.62 0012630802 4445 CINNAMON RIDGE CIR $59.58 0012631602 4469 CINNAMON RIDGE CIR $1,916.71 0012631701 4470 CINNAMON RIDGE CIR $98.11 0012632501 4410 CINNAMON RIDGE CIR $381.75 0012632667 4462 CINNAMON RIDGE TR $178.47 0012632766 4444 CINNAMON RIDGE TR $179.50 0012632774 4442 CINNAMON RIDGE TR $173.75 0012632824 4434 CINNAMON RIDGE TR $111.20 0012632857 4428 CINNAMON RIDGE TR $72.73 0012632881 4422 CINNAMON RIDGE TR $148.64 0012632907 4418 CINNAMON RIDGE TR $85.44 0012632964 4408 CINNAMON RIDGE TR $120.29 0012633020 4396 CINNAMON RIDGE TR $153.96 0012633046 4370 CINNAMON RIDGE TR $194.18 0012633079 4388 CINNAMON RIDGE TR $38.59 0012633103 4378 CINNAMON RIDGE TR $173.50 0012633806 2241 MAHOGANY WAY $101.77 0012633905 2243 MAHOGANY WAY $179.17 0012637401 4774 BURR OAK ST $208.15 0012641106 4721 WHITE OAK CT $96.79 9 Delinquent Listing Account # Service Address Certification Balance 0012644704 4805 SLATER RD $261.95 0012645305 4813 WHISPERING CT $308.56 0012647509 4899 WOODS CT $163.17 0012648218 4797 FOUR SEASONS DR $99.58 0012700308 4627 HALDEN CIR $158.94 0012702106 4658 BAMBLE CIR $373.52 0012702403 4661 BAMBLE CIR $149.76 0012704201 1810 KARIS WAY $197.35 0012708707 4759 NARVIK DR $425.19 0012708988 1840 NARVIK CT $310.07 0012709606 4701 LENORE LANE $91.81 0012711206 1847 KARIS WAY $128.40 0012712808 1846 KARIS WAY $149.61 0012713905 1807 COVINGTON LANE $42.25 0012715108 1750 FORSSA WAY $100.62 0012800801 4722 ANNE PT $272.49 0012801106 4704 ANNE PT $174.46 0012801700 4723 ANNE PT $52.12 0012802609 4715 LU N D PT $143.08 0012802807 4725 LUND PT $251.13 0012803102 4714 TANA PT $217.88 0012803706 1740 KARIS WAY $144.57 0012806501 4688 HORTEN PT $330.98 0012807301 4684 STAVERN PT $40.15 0012807806 4675 ALTA PT $83.24 0012808002 4685 ALTA PT $213.59 0012808804 1757 KARIS WAY $423.84 0012809307 4671 SORREL PT $144.23 0012809901 4676 TRAVERSE PT $58.89 0012810107 4679 TRAVERSE PT $124.76 0012813903 4690 LENORE LANE $289.57 0012814802 4710 LENORE LANE $157.41 0012815700 1800 COVINGTON LANE $63.87 0012816005 1794 COVINGTON LANE $179.95 0012817300 4707 MARKHAM PT $281.66 0012817607 4702 MARKHAM PT $73.83 0012817805 4708 MARKHAM PT $271.62 0012818407 4702 GRENADA PT $273.41 0012819009 4703 HIDDEN PT $98.04 0012819306 4704 HIDDEN PT $254.58 0012820007 4702 SNOWBELL PT $40.74 0012820007 4702 SNOWBELL PT $70.80 0012820205 4708 SNOWBELL PT $119.58 0012820908 4704 OSAGEPT $43.95 0012822300 1837 NARVIK CT $233.17 0012824801 1887 COVINGTON LANE $96.73 10 Delinquent Listing Account # Service Address Certification Balance 0012825006 1879 COVINGTON LANE $139.90 0012825907 1860 COVINGTON LANE $333.48 0012826806 4742 PONDVIEW DR $1,112.90 0012826905 4721 RIDGE WIND TR $68.88 0012827101 4725 RIDGE WIND TR $169.31 0012827200 4731 RIDGE WIND TR $212.02 0012828109 4746 RIDGE WIND TR $71.89 0012828208 4744 RIDGE WIND TR $230.92 0012828604 4736 RIDGE WIND TR $171.24 0012832002 4754 RIDGE WIND TR $244.45 0012832101 4752 RIDGE WIND TR $105.12 0012833406 4778 GALAXIE AVE $130.76 0012833604 1954 BERKSHIRE DR $82.06 0012837803 4736 BERKSHIRE WAY $275.12 0012838306 4717 BERKSHIRE CT $301.43 0012839601 1951 BERKSHIRE DR $923.42 0012839908 1950 BERKSHIRE DR $201.37 0012840609 1934 BERKSHIRE DR $274.42 0012902300 4492 CLOVER LANE $320.62 0012903100 4482 CLOVER LANE $98.73 0012903407 4476B CLOVER LANE $52.42 0012904009 4464 CLOVER LANE $124.29 0012904603 4465B CLOVER LANE $423.98 0012905303 4473B CLOVER LANE $234.99 0012906400 4491 CLOVER LANE $306.57 0012906707 4495 CLOVER LANE $352.76 0012907507 4401 CLOVER LANE $40.94 0012908802 4419B CLOVER LANE $129.43 0012909503 4431 CLOVER LANE $247.57 0012910501 4447B CLOVER LANE $934.84 0012910907 4453B CLOVER LANE $256.98 0012911509 4448 CLOVER LANE $595.04 0013002100 4618 PARKRIDGE DR $179.87 0013003702 4785 ERIKS BLVD $93.14 0013004403 4844 ERIKS BLVD $125.01 0013008008 1466 RICHARDS CT $494.02 0013009204 1474 THOMAS LANE $78.78 0013012208 4797 RICHARD LANE $106.75 0013015607 4659 PARKRIDGE DR $399.36 0013017207 4695 PARKRIDGE DR $81.85 0013018007 4680 PARKRIDGE DR $481.33 0013030002 4705 PEBBLE BEACH WAY $135.06 0013100607 4203 SUMAC PT $785.16 0013103304 655 CRIMSON LEAF TR $202.73 0013104906 625 HACKMORE DR $116.19 0013106901 2019 SAFARI HEIGHTS TR $292.71 HE Delinquent Listing Account # Service Address Certification Balance 0013107305 2035 SAFARI HEIGHTS TR $193.38 0013107404 2039 SAFARI HEIGHTS TR $395.50 0013115902 4220 DANIEL DR $270.06 0013116108 4381 BRADDOCK TR $106.75 0013122502 4392 TOFTE LANE $205.03 0013126107 1546 WEXFORD CT $71.89 0013131008 621 MCFADDENS TR $105.98 0013131602 605 MCFADDENS TR $145.96 0013133707 645 MCFADDENS TR $74.01 0013134804 4269 ROSEMARY CT $190.90 0013139100 4691 BRISTOL BLVD $341.23 0013140108 4654 WESTON HILLS DR $102.89 0013141106 4688 BRISTOL BLVD $170.05 0013144506 969 CONEFLOWER CT $286.06 0013145503 997 WILDFLOWER CT $540.32 0013147400 981 CONEFLOWER CT $376.56 0013147608 1051 WALNUT RIDGE DR $175.06 0013147707 1047 WALNUT RIDGE DR $86.83 0013149703 4331 JENNIFER CT $455.56 0013152509 554 HAWTHORNE WOODS DR $244.76 0013157607 4350 BENT TREE LANE $76.81 0013167309 4701 STRATFORD LANE $177.41 0013173604 4865 FOUR SEASONS DR $454.32 0013175005 683 CRIMSON LEAF TR $188.19 0013178207 1006 TRILLIUM CT $101.77 0013178603 1005 TRILLIUM CT $426.72 0013181300 4213 DANIEL DR $123.74 0013183207 4225 DANIEL DR $29.48 0013189105 4808 WESTON HILLS DR $209.01 0013192000 535 WHITE PINE WAY $246.63 0013193909 2207 MARILYN AVE $477.75 0013195904 4955 RUSTEN RD $811.78 0013196407 4942 RUSTEN RD $264.24 0013196506 4938 RUSTEN RD $25.69 0013197306 4906 RUSTEN RD $497.84 0013198700 4944 SLATER RD $270.15 0013206909 4304 PINTAIL CT $101.77 0013208400 4296 GADWALL CT $384.40 0013209705 1713 BRANT CIR $386.41 0013211503 1785 BRANT CIR $332.35 0013213400 1768 BRANT CIR $205.95 0013216205 1900 RIDGECREST CIR $329.09 0013216304 1896 RIDGECREST CIR $99.97 0013221908 538 MAJESTIC OAKS CT $121.91 0013222005 534 MAJESTIC OAKS CT $35.11 0013222203 527 MAJESTIC OAKS CT $85.45 12 Delinquent Listing Account # Service Address 0013223102 4921 PINE LANE 0013225602 4906 SYCAMORE DR 0013227608 4920 PINE LANE 0013229406 4622 STONECLIFFE DR 0013231204 4670 STONECLIFFE DR 0013234109 4628 PINETREE CURVE 0013235809 4655 PINETREE CURVE 0013237706 907 OAKWOOD HEIGHTS CIR 0013245204 4528 MAJESTIC OAKS PL 0013245501 4540 MAJESTIC OAKS PL 0013246707 1517 COVINGTON LANE 0013249404 1487 PINETREE TR 0013249701 1475 PINETREE TR 0013251301 4608 GALAXIE PT 0013260104 4860 RUSTEN RD 0013264700 4410 WOODGATE COVE 0013264908 4413 WOODGATE COVE 0013269907 1617 MARINA LANE 0013279005 4490 ERIN DR 0013284005 555 CAYLIN CT 0013284104 551 CAYLIN CT 0013289004 650 WOODLAND WAY 0013290002 4808 SYCAMORE CT 0013297908 4590 BLACKHAWK RD 0015504210 4871 BISCAYNE AVE 0023100506 4152 NICOLS RD 0023100605 4146 NICOLS RD 0023102304 4084 DIAMOND DR 0023103401 2178 GARNET PT 0023105604 2135 GARNET DR 0023105802 2151 GARNET DR 0023106909 4144 DIAMOND DR 0023109309 2087 GARNET LANE 0023109408 2095 GARNET LANE 0023111503 2082 EMERALD LANE 0023112006 2060 EMERALD LANE 0023112402 2106 OPAL DR 0023112808 2088 OPAL DR 0023202708 2015 ZIRCON LANE 0023207905 2017 JADE LANE 0023210107 2106 JADE LANE 0023213903 2053 FLINT LANE 0023300908 4050 DIAMOND PT 0023304009 2097 CARNELIAN LANE 0023304108 2101 CARNELIAN LANE 0023305006 2053 BLUESTONE LANE 13 Certification Balance $241.74 $101.79 $142.48 $141.61 $ 849.19 $501.24 $504.36 $884.73 $274.38 $181.32 $466.60 $132.92 $137.75 $113.26 $146..99 $356.40 $493.67 $69.28 $100.81 $66.66 $313.20 $228.28 $71.46 $188.89 $111.41 $140.74 $170.20 $164.72 $61.44 $62.79 $33.56 $130.70 $189.27 $102.95 $185.18 $231.05 $2,003.09 $160.04 $33.56 $72.53 $166.29 $138.79 $247.11 $252.79 $217.50 $90.49 Delinquent Listing Account # Service Address Certification Balance 0023305808 2021 BLUESTONE LANE $129.13 0023307606 2082 BLUESTONE DR E $143.28 0023309107 1941 TURQUOISE TR $108.19 0023406853 2125 SILVER BELL RD $182.31 0023406861 2139 SILVER BELL RD $133.75 0023408404 1963 GOLD TR $44.85 0023408412 1965 GOLD TR $88.70 0023408511 1975 GOLD TR $222.71 0023408610 1991 GOLD TR $48.57 0023408719 1995 GOLD TR $264.09 0023412109 3710 BLACKHAWK RD $112.99 0023502701 1956 CARNELIAN LANE $152.30 0023505605 4058 RAHN RD $152.05 0023507106 1928 TURQUOISE TR $141.53 0023507700 4034 BERYL RD $442.09 0023508807 4046 M ICA TR $331.99 0023509003 4059 OLIVINE DR $257.14 0023509508 4058 OLIVINE DR $134.24 0023510902 3979 MICA TR $214.23 0023600109 3925 MICA TR $83.61 0023600901 1820 CINNABAR CT $150.00 0023607609 1778 TURQUOISE TR $151.29 0023607708 1776 TURQUOISE TR $255.12 0023607906 3957 PERIDOT PATH $274.42 0023609308 3872 CINNABAR DR $197.13 0023609407 3856 CINNABAR DR $261.37 0023610702 1875 GOLD TR $83.83 0023702004 1787 GOLD CT $170.74 0023702400 1778 SERPENTINE DR $59.47 0023704703 3956 TURQUOISE CIR $182.30 0023705007 3932 TURQUOISE CIR $145.10 0023707300 1785 SERPENTINE DR $76.68 0023707508 1789 SERPENTINE DR $165.88 0023709900 3842 COUNTRY CREEK WAY $170.91 0023710304 3828 COUNTRY CREEK WAY $232.14 0023710601 3820 COUNTRY CREEK WAY $152.26 0023712805 1794 SILVER BELL CIR $306.48 0023713902 1764 SILVER BELL RD $39.98 0023800709 1850 JADE LANE $347.41 0023802002 4013 PUMICE LANE $60.70 0023803604 3966 MICA TR $126.32 0023807001 1847 TACONITE TR $236.91 0023811409 1830 CARNELIAN LANE $237.98 0023900509 1833 KATHRYN CIR $99.08 0023901200 1844 KATHRYN CIR $105.59 0023905300 4054 HALITE LANE $121.20 14 Delinquent Listing Account # Service Address Certification Balance 0023906803 1818 BLUESTONE DR E $266.91 0023908007 1771 CARNELIAN LANE $164.17 0023908601 1795 CARNELIAN LANE $93.52 0023909807 1798 TACONITE TR $551.23 0023912405 1770 GABBRO TR $126.97 0023912603 1766 GABBRO TR $262.36 0023913403 1777 TACONITE PT $93.57 0023917107 4166 MEADOWLARK WAY $222.43 0023917909 4154 MEADOWLARK WAY $49.03 0023918105 4150 MEADOWLARK WAY $111.53 0023918501 4142 MEADOWLARK WAY $291.35 0023919103 4126 MEADOWLARK WAY $44.16 0024004004 1732 FLAMINGO DR $177.90 0024004806 1750 FLAMINGO DR $338.40 0024006504 1751 FLAMINGO DR $126.28 0024007601 3785 RED ROBIN LANE $48.75 0024008906 1734 BLUEBILL DR $130.72 0024009904 1741 BLUEBILL DR $54.25 0024012403 3760 GOLDEN HILL TER $131.49 0024012908 3770 GOLDEN HILL TER $46.63 0024013401 3780 GOLDEN HILL TER $109.44 0024013609 3784 GOLDEN HILL TER $127.00 0024101602 1745 DAVENPORT AVE $413.41 0024104804 1713 DEERWOOD DR $225.63 0024106700 1714 SARTELL AVE $38.43 0024108904 1721 MONTICELLO AVE $64.52 0024112005 3916 RIVERTON AVE $149.27 0024117004 3830 RIVERTON AVE $232.78 0024201600 1536 ASPEN DR $189.09 0024201907 1526 ASPEN DR $105.13 0024202509 1529 GREENWOOD CT N $110.09 0024202707 1533 GREENWOOD CT N $67.94 0024203606 1540 GREENWOOD CT N $29.01 0024203705 1538 GREENWOOD CT N $236.29 0024204406 1524 GREENWOOD CT N $2,004.72 0024205205 3475 GREENWOOD CT S $129.49 0024207706 3462 GREENWOOD CT S $56.75 0024209900 1516 WOO DVI EW AVE W $114.94 0024210700 1486 WOODVIEW AVE E $123.62 0024211203 1480 WOODVIEW AVE E $112.27 0024213209 3421 HIGHLANDER DR $194.69 0024213407 3425 HIGHLANDER DR $1,950.23 0024214504 3449 HIGHLANDER DR $97.75 0024214702 3453 HIGHLANDER DR $92.88 0024215204 3456 HIGHLANDER DR $156.28 0024216103 3444 HIGHLANDER DR $146.47 15 Delinquent Listing Account # Service Address Certification Balance 0024216608 3422 HIGHLANDER DR $29.66 0024220709 3669 ASHBURY RD $81.17 0024222804 1563 ASHBURY CT $360.05 0024223406 3648 ASHBURY RD $245.48 0024224909 3649 ASHBURY RD $193.33 0024228207 3613 ASHBURY RD $337.04 0024301301 3650 KOLSTAD RD $164.07 0024301905 3660 KOLSTAD RD $178.09 0024303901 1292 KOLSTAD LANE $44.63 0024304305 3691 DENMARK AVE $89.74 0024305203 3667 DENMARK AVE $253.96 0024306805 3637 DENMARK AVE $76.36 0024307902 3670 DENMARK AVE $133.51 0024308603 3660 DENMARK AVE $117.16 0024309106 1282 TIMBERSHORE LANE $60.10 0024314205 1165 TIMBERSHORE LANE $79.31 0024314700 1173 TIMBERSHORE LANE $551.45 0024315905 1193 TIMBERSHORE LANE $152.03 0024316606 1203 TIMBERSHORE LANE $121.76 0024319709 1253 TIMBERSHORE LANE $89.52 0024320400 1265 TIMBERSHORE LANE $679.05 0024324501 3757 DENMARK TR W $278.80 0024328700 3835 WINDCREST CT $175.75 0024329302 3851 WINDCREST CT $136.41 0024331100 1320 DEERCLIFF LANE $35.66 0024333809 3866 DENMARK AVE $186.45 0024335002 3805 DENMARK AVE $178.80 0024335606 3836 DEERCLIFF CT $34.54 0024335903 3822 DEERCLIFF CT $225.98 0024336208 3809 DEERCLIFF CT $181.13 0024337305 1320 DRESDEN CT $233.63 0024339103 3780 DREXELCT $215.81 0024404600 1690 BLACKHAWK COVE $181.37 0024406308 1655 BLACKHAWK COVE $2,060.38 0024406407 3729 PILOT KNOB RD $829.28 0024408502 4162 PILOT KNOB RD $232.47 0024429904 1261 WINDCREST AVE $53.43 0024464208 1482 KINGS WOOD RD $36.29 0024465908 1434 KINGS WOOD RD $232.98 0024510109 3825 WESTBURY DR $44.68 0024511800 3945 WESTBURY DR $131.00 0024511909 3951 WESTBURY DR $102.71 0024514903 3805 WESTBURY LANE $286.77 0024519001 1166 WESTBURY KNOLL $237.87 0024521304 3912 WESTBURY WAY $254.27 0024561201 3861 WESTBURY LANE $242.84 In Delinquent Listing Account # Service Address Certification Balance 0024606501 1179 KITTIWAKE CIR $260.54 0024715104 1355 CHATTERTON RD $191.74 0024805004 1230 TANANGER CT $221.65 0024805301 1227 FLICKER CIR $176.40 0024901308 1315 CRESTRIDGE LANE $90.86 0024902405 1297 CRESTRIDGE LANE $68.52 0024903106 3620 DENMARK AVE $75.57 0024903205 3616 DENMARK AVE $211.51 0024903908 1272 DUCKWOOD DR $179.32 0024904906 3617 CROSSROAD CT $144.99 0024905200 3614 CROSSROAD CT $152.12 0024905804 1256 DUCKWOOD DR $200.18 0025001314 3811 HEATHER DR $535.39 0025005901 3864 DOLOMITE DR $152.25 0025007105 3837 HEATHER DR $356.85 0025010000 3850 HEATHER DR $49.03 0025010307 3840 HEATHER DR $49.03 0025010604 3836 HEATHER DR $118.71 0025011404 3820 WILLOW WAY $142.88 0025011800 3812 WILLOW WAY $82.39 0025012600 3802 HEATHER DR $173.02 0025013707 3813 HEATHER DR $127.18 0025014705 3829 HEATHER DR $83.61 0025102609 3530 COACHMAN RD $173.51 0025104902 1621 BOARDWALK $52.77 0025105107 1629 BOARDWALK $178.10 0025110404 1601 PACIFIC AVE $227.37 0025111303 3569 BALTIC AVE $238.62 0025112905 1581 PACIFIC AVE $228.86 0025201203 1526 LAKEVIEW CURVE $36.94 0025201906 1511 LAKEVIEW CURVE $1,126.08 0025203100 1406 BLACKHAWK LAKE DR $227.33 0025205907 1509 BLACKHAWK RIDGE WAY $223.94 0025206004 1450 BLACKHAWK LAKE DR $49.72 0025207200 3703 BLACKHAWK LAKE CT $225.12 0025208109 1595 BLACKHAWK LAKE DR $1,909.03 0025209701 1610 BLACKHAWK LAKE PL $1,959.55 0025211400 1562 BLACKHAWK LAKE DR $182.00 0025213406 3792 BLACKHAWK RIDGE CIR $54.67 0025222100 1558 LAKEVIEW CURVE $28.66 0025222803 1559 LAKEVIEW CURVE $234.71 0025308503 1407 CUTTERS LANE $62.80 0025310202 1432 CUTTERS LANE $360.30 0025310988 1446 ROCKY LANE $213.22 0025311507 1422 ROCKY LANE $125.96 0025401704 3960 VERSAILLES CT $223.92 `n Account # 0025500406 0025502303 0025503202 0025505504 0025603002 0025603705 0025605403 0025618604 0025621103 0025633702 0025653205 0025660200 0025668906 0025671702 0025674102 0025679200 0025680109 0025685108 0025688904 0025692906 0025696204 0025702309 0025703901 0025705609 0025708009 0025709007 0025710104 0025715301 0025715608 0025716101 0025718909 0025719709 0025724006 0025724600 0025725805 0025727405 0025727702 0025727801 0025728205 0025730805 0025730904 0025731100 0025731209 0025731704 0025746306 0035500305 Delinquent Listing Service Address 3760 BLACKHAWK RD 1390 ROCKY LANE 4195 LEXINGTON WAY 1561 JOHNNY CAKE ALCOVE 3943 CLIPPERS RD 1434 APPALOOSA TR 1408 HORSESHOE CIR 4115 CASHELL GLEN 4134 ARBOR LANE 1863 RUBY CT N 3681 ROBIN LANE 1587 ANTLER PT 1685 DONEGAL CT 3970 DONEGAL WAY 3685 ROBIN LANE 4094 JOHNNY CAKE RIDGE RD 4058 JOHNNY CAKE RIDGE RD 4108 OAKBROOKE TR 1688 OAKBROOKE WAY 1630 OAKBROOKE DR 1611 TRAMORE PL 1555 JOHNNY CAKE ALCOVE 1570 OAKBROOKE TER 1680 OAKBROOKE CT 1523 DEERWOOD BEND 1512 DEERWOOD BEND 1490 DEERWOOD BEND 4119 OAKBROOKE CURVE 4113 OAKBROOKE CURVE 4130 OAKBROOKE CURVE 1827 JOURDAN CT 4169 OLD SIBLEY MEM HWY 1779 TALON TR 4160 RAPTOR RD 1715 TALON TR 1756 TALON TR 1744 TALON TR 1740 TALON TR 1724 TALON TR 2126 CEDAR GROVE TR 2128 CEDAR GROVE TR 2132 CEDAR GROVE TR 2134 CEDAR GROVE TR 2144 CEDAR GROVE TR 4026 CEDAR GROVE LANE 3207 SIBLEY MEMORIAL HWY 18 Certification Balance $128.26 $87.19 $334.25 $1,941.65 $454.50 $183.50 $242.19 $99.86 $130.07 $278.74 $299.44 $1,616.20 $608.49 $269.11 $160.63 $251.62 $339.07 $31.93 $145.50 $79.68 $254.90 $153.15 $228.83 $150.11 $116.87 $32.90 $150.22 $249.76 $174.49 $174.71 $215.96 $37.78 $175.52 $155.33 $81.15 $218.34 $212.03 $69.34 $561.55 $83.14 $230.34 $58.78 $216.12 $343.80 $88.01 $218.67 Delinquent Listing Account # Service Address Certification Balance 0035501204 1534 LONE OAK RD $269.90 0035501410 1426 SKYLINE RD $115.50 0035501501 1428 SKYLINE RD $118.73 0035501709 1432 SKYLINE RD $75.40 0035505908 550 LONE OAK RD $26.89 0035510502 3955 DODD RD $94.88 003.5511609 3535ELRENERD $93.74 0036100204 1765 YANKEE DOODLE RD $11,597.33 0036100303 3334 TERMINAL DR $306.14 0036103406 3314 HERITAGE LANE $38.80 0036104008 3280 HERITAGE LANE $29.50 0036105401 3363 HERITAGE LANE $277.46 0036105617 3240 HERITAGE LANE $131.76 0036107209 3302 DONALD AVE $342.75 0036107605 3318 DONALD AVE $280.84 0036107928 3305 DONALD AVE $67.36 0036112589 3147 FARNUM DR $299.63 0036112738 1585 FOUR OAKS RD $91.84 0036112795 3103 FARNUM DR $142.75 0036115301 1654 DONALD CT $303.56 0036120509 3146B FARNUM DR $172.37 0036121002 3140B FARNUM DR $71.57 0036140507 1602 SNOWFLAKE DR $57.17 0036141208 3255 EVERGREEN DR $67.27 0036144004 1613 RAINDROP DR $333.64 0036144400 1605 RAINDROP DR $36.47 0036144806 1595 RAINDROP DR $70.90 0036145407 3220 EVERGREEN DR $266.34 0036146207 3236 EVERGREEN DR $154.37 0036146306 3238 EVERGREEN DR $161.33 0036146702 1595 SNOWFLAKE DR $90.28 0036147502 31306 FARNUM DR $133.09 0036148203 3122 FARNUM DR $137.13 0036200111 1425 LONE OAK RD $179.30 0036202604 2954 SIBLEY MEMORIAL HWY $3,841.20 0036205003 2852 SIBLEY HILLS DR $242.52 0036205110 2886 SIBLEY HILLS DR $175.38 0036205201 2888 SIBLEY HILLS DR $175.17 0036205508 1 RIVER RIDGE CIR $234.66 0036205706 1538 LONE OAK RD $66.66 0036205714 1530 LONE OAK RD $76.26 0036209401 1556 RED CEDAR RD $204.38 0036211803 3038 CHERRYWOOD CT $57.06 0036213700 3061 PINE RIDGE DR $92.98 0036218105 1708 MEADOWVIEW ROAD $60.33 0036230506 1590 STEPHANIE CIR $94.24 19 Account # 0036233203 0036300101 0036300200 0036300218 0036300309 0036300507 0036302305 0036307007 0036307403 0036307700 0036308401 0036310704 0036310803 0036311306 0036401107 0036401917 0036404507 0036404903 0036405306 0036406015 0036406106 0036407104 0036407708 0036407807 0036408003 0036410504 0036410603 0036410819 0036434207 0036500213 0036502409 0036502706 0036504108 0036504306 0036504603 0036504801 0036506301 0036507002 0036507606 0036508505 0036509008 0036509206 0036512309 0036512606 0036601649 0036602605 Delinquent Listing Service Address 1611 SKYLINE PATH 1410 SKYLINE RD 1414 SKYLINE RD 1420 SKYLINE RD 1420 HIGHVIEW AVE 1440 HIGHVIEW AVE 1473 HIGHVIEW AVE 2930 PILOT KNOB RD 2973 PILOT KNOB RD 2987 PILOT KNOB RD 1310 AVALON AVE 2950 BURNSIDE AVE 2970 BURNSIDE AVE 2998 BURNSIDE AVE 3206 MARICE CT 1352JURDY RD 3153 JURDY CT N 3177 JURDY CT N 1380 JURDY RD 3206 JURDY CT S 3202 JURDY CT S 1335 QUARRY LANE 1382 QUARRY LANE 1380 TOWERVIEW RD 1330 TOWERVIEW RD 3110 NEIL ARMSTRONG BLVD 1000 APOLLO RD 3160 NEIL ARMSTRONG BLVD 3085 SHIELDS DR 1765 YANKEE DOODLE RD 2977 LEXINGTON AVE S 2888 LEXINGTON AVE S 2810 LEXINGTON AVE S 1037 KENNETH ST 1049 KENNETH ST 1057 KENNETH ST 1046 KENNETH ST 1041 BEATRICE ST 1065 BEATRICE ST 1062 BEATRICE ST 1042 BEATRICE ST 1034 BEATRICE ST 1069 KEEFE ST 1076 KEEFE ST 2600 LONE OAK PT 3295 HWY 55 20 Certification Balance $116.76 $84.19 $116.14 $290.65 $133.86 $123.56 $105.79 $73.01 $57.06 $148.26 $2,486.62 $298.04 $37.49 $63.01 $95:4.6 $104.96 $71.46 $167.84 $64.61 $221.19 $51.30 $98.84 $195.09 $97.71 $76.26 $351.88 $1,484.30 $886.52 $158.50 $1,436.99 $66.56 $36.97 $688.69 $287.49 $210.05 $279.89 $132.89 $124.26 $140.82 $32.09 $47.45 $57.06 $170.79 $52.26 $71.91 $85.86 Delinquent Listing Account # Service Address Certification Balance 0036605301 3320 ROLL LANE $280.31 0036605707 3325 WREN LANE $310.77 0036605905 3318 WREN LANE $79.61 0036606002 3310 WREN LANE $239.68 0036607505 645 RITA CT $272.02 0036608206 616 SALLY CIR $152.70 0036608800 629 SALLY CIR $1,866.19 0036610004 3200 DODD RD $114.07 0036610103 3240 DODD RD $88.80 0036611705 3105 JOYCE CT $34.45 0036702702 3262 BLACK OAK DR $270.33 0036706000 550 77TH ST W $48.18 0036722403 3417 ROLLING HILLS DR $134.48 0036722809 3248 HILLSIDE CT $88.45 0036723609 3449 ROLLING HILLS DR $217.15 0036724706 642 HILLSIDE DR $310.74 0036725604 645 HILLSIDE DR $215.62 0036800803 3950 WORCHESTER DR $148.18 0036804003 3887 WORCHESTER DR $273.79 0036811305 3884 STONEBRIDGE DR N $44.19 0036813806 4017 STONEBRIDGE DR S $442.69 0036815306 4032 STONEBRIDGE DR S $63.39 0036816502 713 CASTLETON LANE $100.84 0036817302 700 HAVENHILL RD $773.09 0036903904 3794 SOUTH HILLS CT $26.48 0036904100 3786 SOUTH HILLS CT $164.13 0036910701 665 WINDTREE KNOLL $48.99 0036917003 3633 WINDTREE DR $215.69 0037004207 930 WESCOTT TR $363.82 0037016706 1067 HUMMINGBIRD LANE $169.70 0037018504 3679 FALCON WAY $306.64 0037018900 3695 FALCON WAY $136.69 0037019809 3692 FALCON WAY $93.40 0037020104 3680 FALCON WAY $369.24 0037020906 3683 CANARY WAY $225.69 0037023009 3685 CARDINAL WAY $87.39 0037023603 3692 CARDINAL WAY $80.15 0037101201 4108 STATES AVE $153.80 0037102308 4087 VERMONT AVE $228.10 0037104106 4179 PENNSYLVANIA AVE $153.11 0037105103 4188 READING $397.38 0037105608 4154 PENNSYLVANIA AVE $88.91 0037106606 4114 PENNSYLVANIA AVE $95.17 0037116902 4036 PENNSYLVANIA AVE $303.72 0037118007 828 NORTHVIEW PARK RD $190.23 0037200201 3788 GREENSBORO DR $130.59 21 Delinquent Listing Account # Service Address Certification Balance 0037203007 3795 GREENSBORO DR $438.56 0037203700 977 GREENSBORO LANE $94.58 0037401403 4025 NORTHVIEW TER $204.81 0037501004 4175 COUNTRYSIDE DR $178.93 0037501400 4185 COUNTRYSIDE DR $82.59 0037501905 595 AUTUMN OAKS CT $218.19 0037504107 4142 LANTERN LANE $253.21 0037509700 592 PRAIRIE CIR W $152.15 0037510401 4086 FOXMOORE CT $173.85 0037512308 4076 CAMBERWELL DR N $144.99 0037513801 4101 BAFFIN BAYS $82.59 0037607207 661 BRIDLE RIDGE RD $334.83 0037612702 3842 MILL RUN LANE $202.42 0037614104 774 MILL RUN PATH $96.99 0037700903 3919 PRINCETON TR $124.68 0037704509 3915 GIBRALTAR TR $88.76 0037706900 3876 GIBRALTAR TR $98.40 0037707700 1031 BRIAR CREEK RD $208.21 0037708005 1043 BRIAR CREEK RD $465.48 0037710803 1053 KETTLE CREEK RD $151.51 0037710902 1057 KETTLE CREEK RD $39.34 0037711801 3869 GIBRALTAR TR $147.12 0037715307 959 SAVANNAH RD $251.63 0037715703 975 SAVANNAH RD $144.35 0037719804 3912 DANBURY TR $128.20 0037801503 1014 TICONDEROGA TR $3,035.63 0037801602 1012 TICONDEROGA TR $120.99 0037801909 1006 TICONDEROGA TR $246.22 0037803608 931 SAVANNAH RD $185.42 0037806304 3922 BOSTON CIR $48.99 0037808102 1000 BOSTON HILL RD $200.99 0037808904 1075 NORTHVIEW PARK RD $148.60 0037817509 983 STONY POINT RD $233.96 0038003000 808 PROMONTORY PL $175.15 0038003703 819 PROMONTORY PL $498.58 0038006904 3752 WOODLAND TR $149.04 0038010005 3770 LINDEN LANE $331.76 0038012209 3761 BAYBERRY LANE $332.80 0038100103 3362 ALDEN POND LANE $106.17 0038204608 611 EDEN CIR $144.43 0038209508 4083 PRAIRIE RIDGE RD $218.31 0038220208 4040 CAMBERWELL DR N $419.55 0038237400 3694 WILLBROOK CT $140.25 0038247300 565 COVENTRY PKWY $173.38 0038254306 701 GRANITE DR $76.87 0038261509 928 TRAIL CT $267.06 Px: Delinquent Listing Account # Service Address Certification Balance 0038262200 1465 SKYLINE RD $109.64 0038262200 1465 SKYLINE RD $112.89 0038262804 868 TRAILS END RD $105.06 0038267100 3892 NORTH RIDGE DR $205.77 0038268801 822 BEAR PAW TR $2,538.52 0038276101 821 EAGAN OAKS LANE $85.97 0038276507 810 EAGAN OAKS LANE $342.34 0038288908 894 OAK CT $118.80 0038289104 886 OAK CT $253.47 0038291001 4146ETHAN DR $111.39 0038301701 842 GOVERN CIR $402.98 0038302808 826 BALD LAKE CT $125.69 0038304101 3861 BIG TIMBER TR $245.13 0038304507 3877 BIG TIMBER TR $108.91 0038310405 512 CHAPEL CT $34.67 0038310405 512 CHAPEL CT $294.49 0038311502 497 CHAPEL CT $1,600.25 0038315503 633 CRANE CREEK LANE $133.29 0038318804 614 CRANE CREEK LANE $76.67 0038340105 3101 HWY 55 $26.32 0089907100 1712 TERRA GLENN CT $301.84 0089907925 870 TRAILS END RD $90.66 0089908315 3582 SPRINGWOOD PATH $255.76 0089908455 654 PARKSIDE CT $82.59 0089908795 3994 CEDAR GROVE LANE $36.18 0089909000 2129 CEDAR GROVE TR $64.83 0089909015 2133 CEDAR GROVE TR $49.03 0089909060 2147 CEDAR GROVE TR $146.66 0089909075 2143 CEDAR GROVE TR $115.83 0089909090 2135 CEDAR GROVE TR $63.13 0089909285 3538 SAWGRASS TR E $36.39 0089909400 2149 CEDAR GROVE TR $68.52 0089909475 3971 CEDAR GROVE LANE $217.99 0089909585 3970 CEDAR GROVE LANE $108.62 0089910050 3488 SAWGRASS TR W $82.59 0089910165 3480 SAWGRASS TR W $256.86 0089910280 3428 CHESTNUT LANE $149.25 0089910350 3419 CHESTNUT LANE $140.97 0089910505 3440 CHESTNUT LANE $173.31 0089910660 3453 CHESTNUT LANE $100.08 0089910715 3467 CHESTNUT LANE $37.68 0089910735 3473 CHESTNUT LANE $342.21 0089910815 3494 SAWGRASS TR E $85.03 TOTAL $264,100.56 Accounts Assessed 1055 23 Agenda Information Memo September 6, 2016, Eagan City Council Meeting PUBLIC HEARING B. Certify delinquent nuisance abatement bills Action To Be Considered: To close the public hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. Facts: ➢ City Code allows for collection of delinquent nuisance abatement bills through certification to property taxes. Nuisance abatement bills include fees for false alarm calls, mowing and noxious weed removal, refuse removal and diseased tree removal. ➢ At the August 1, 2016 City Council meeting, a public hearing was scheduled for the September 6, 2016 City Council meeting. ➢ The City has ten properties with delinquent false alarm invoices. Alarm users receive three free false alarms per year and are charged $100 for the fourth and each subsequent alarm. Unpaid fees are charged an additional 10% late fee. ➢ A diseased tree removal is included in the proposed assessment roll. The property owner signed a waiver agreeing not to appeal the assessment. In exchange for signing the waiver, the City extended the assessment repayment period from the typical one-year term to a five-year term and waived the $25 certification fee. ➢ The assessable amount of the delinquent invoices is $4,730.00. The City will accept payment for any portion of the assessment free of interest charges for period of 30 days. If the assessment is paid after the interest-free period, interest at 4% from September 6, 2016 to December 31, 2017 will be added to the principal. Except for the diseased tree removal, the length of the assessment is one year. Unpaid balances are collected with the 2017 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and the proposed assessments. Attachments: (1) PHB-1 Proposed Assessment Roll N m 4, a 3 a w > 0 o a � v C CC CC CC CC C CC L C . . C . C C M 2 2 f6 2 2 2 (6 2 lV N Q Q Q Q Q Q Q Q Q Q N N N N N N N N N N N N M fa U- LL LL LCU L LL LL LL LL U- U- -W 0 0 0 0 0 0 0 0 0 0 0 p O O O O O O O O O O O Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln O u E M M Ln d' M Ln N M CD O -W yL r i H N M N H M� -I H �h ct yt t/? in N Q 0 0 0 0 0 0 0 0 0 0 c 0 0 0 0 0 0 0 0 0 0 Uri Ln Ln Lri Ln Ln Ln Lri Ln, Ln .. w C O L U 0 0 0 0 0 0 0 0 0 0 0 +' 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 p rl N M N ri M O d O Q c Q! 3 C d O O O O O M O O N O O ri ri l0 c-1 N N N ai m r� m 0 0 0 0 0 0 0 0 0 0 0 O M N ri M r -I N -1 -4 MH r -I 0 0 0 0 0 0 0 0 0 0 a 0 w N L.0 O O O O O LD O O O 1, N M O m N Ln M O 01 O CF m m r -I 1� N O w m H Ln N N N m m O w Ln Ln O ri N N N N Ln Ln OF� w 0 0 0 0 0 0 0 0 0 0 0 ri r -I r -I r -I H c -i H H H H H O a+ J V)i> 3 L N L > U OO N O N +� L Q Q OO te + C a 0 0 � O � W tj L to � O -0 CU3 � to c N .s: OL m R EO m N O c6 U Ln a w w= U w 2 O N ON d' 00 m 01 Ln O ON M 01 Ln N O N m 0 01 N 00 N m r•1 r1 m r -I .-+ m m m m ri 41 > 3 c v v s N s N C O .E m U N s a-+ C fQ N L N v SZ O CL N t L L42 "0 O .v SZ a� C O N cuN N N N N s H Agenda Information Memo September 6, 2016, Eagan City Council Meeting PUBLIC HEARING C. Variance — Yankee Doodle Substation Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a 10 foot Variance to the minimum 30 foot structure setback in a Public Facilities Zoning District for the Dakota Electric Substation at 940 Yankee Doodle Road. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ Great River Energy is proposing to add a 480 square foot equipment enclosure to the existing Yankee Doodle Substation located at Yankee Doodle Road and Wescott Woodlands. ➢ The new structure would encroach 10' into the minimum 30' structure setback within a Public Facility zoning district along Yankee Doodle Road. ➢ The structure will house circuit breaker equipment needed by the applicant to upgrade the electrical service redundancy and reliability within the area. ➢ Due to the existing electrical apparatus and driveway access points, the applicant believes the location of the new equipment is limited to the proposed location. ➢ The proposed location appears to be the most practical area within the site to place the equipment and it does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. Attachments: (3) PHC-1 Location Map PHC-2 Planning Report PHC-3 Report Exhibits PLANNING REPORT CITY OF EAGAN REPORT DATE: August 25, 2016 APPLICANT: Great River Energy PROPERTY OWNER: Dakota Electric REQUEST: Variance LOCATION: 940 Yankee Doodle Road CASE: 14 -VA -09-08-16 HEARING DATE: September 6, 2016 APPLICATION DATE: August 15, 2016 PREPARED BY: Erik Slettedahl COMPREHENSIVE PLAN: QP-Quasi-Public/Institutional ZONING: PF -Public Facility SUMMARY OF REQUEST The applicant is requesting approval of a 10 foot Variance to the minimum 30 foot structure setback in a Public Facilities Zoning District for the Dakota Electric Substation at 940 Yankee Doodle Road, Lot 1, Block 1, Yankee Doodle Substation Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report — Variance -Yankee Doodle Substation September 6, 2016 Paee 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. g. Whether the property for which the variance is requested is in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REQUIREMENTS City Code Section 11.60, Subd. 20, C, 2, requires a minimum structure setback of 30 feet within a Public Facilities Zoning District. BACKGROUNDMISTORY In 2005, Dakota Electric Association (DEA) upgraded the substation located at Yankee Doodle and Wescott Woodlands Drive under an approved Conditional Use Permit. The station upgrade included a new transformer that converts 115kV transmission voltage to lower distribution levels in preparation of upgraded transmission lines. EXISTING CONDITIONS The .92 acre site contains above ground equipment, four green metal utility boxes and two 600 square foot equipment structures within a secured area. Access to the site is from both Wescott Woodlands and Yankee Doodle Road so trucks accessing the site are not forced to turn around within the equipment area. Landscaping was installed along Yankee Doodle Road and Wescott Woodlands with the 2005 expansion. EVALUATION OF REQUEST The applicant is proposing to add a 24' x 20' (480 square foot) Electric Equipment Enclosure to house a bus -tie breaker needed for the electrical network. The structure will be placed on a concrete slab in an open area within the northwest portion of the site. Access from both locations will be maintained. The location of the proposed pad is 20' from the Yankee Doodle Road right- of-way, resulting in a 10' encroachment into the required 30' structure setback in a Public Facilities (PF) zoning district. The applicant is proposing a ribbed metal finish on the enclosure in a sandstone color. The peak height of the structure is 13' 4". There are two flat gray metal equipment enclosures of similar Planning Report — Variance -Yankee Doodle Substation September 6, 2016 Paae 3 height currently on site and four smaller green metal utility boxes within the encroachment area. Existing landscaping provides some screening from Yankee Doodle Road; however, due to the location of the westerly driveway, landscape screening opportunities are limited along Wescott Woodlands. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. The existing and proposed use of the property is consistent with the provisions of the City Code. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. APPLICANT'S PRACTICAL DIFFICULTIES The applicant states that the additional equipment is needed to better manage the electrical distribution system and provide more redundancy and safety within the service area. A more technical explanation and purpose of the bus -tie breaker is included in the applicant narrative (attached). Due to the existing electrical apparatus and access points, the applicant believes the location of the new equipment is limited to the proposed location. Also, the proposed structure location was shown on the Site Plan submitted for the Conditional Use Permit in 2005 as a possible future addition to the site. SUMMARY/CONCLUSION Great River Energy is requesting a structure setback Variance to place an equipment enclosure within the required minimum structure setback of 30'. The equipment is necessary to increase reliability, redundancy and safety within the provider's Eagan service area. Planning Report — Variance -Yankee Doodle Substation September 6, 2016 Paee 4 The proposed location appears to be the most practical area within the site to place the equipment and it does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. ACTION TO BE CONSIDERED To approve a 10 foot Variance to the minimum 30 foot structure setback in a Public Facilities Zoning District for the Dakota Electric Substation at 940 Yankee Doodle Road. If approved, the following conditions 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. 2. The applicant shall apply for a building permit for the equipment enclosure and meet all applicable building code requirements. 3. The 10 -foot setback Variance shall only apply from the property line adjacent to the Yankee Doodle Road right-of-way. All other setback requirements shall be met. Yankee Doodle Substation Project 940 Yankee Doodle Road, PID # 10-87400-01-010 Great River Energy and Dakota Electric Association (DEA, owner) have concluded to better provide electric service it is necessary to install a bus tie breaker and control house at DEA's Yankee Doodle distribution substation. The Yankee Doodle bus tie breaker is needed for the following reasons: A. DEA has reported a large phase angle difference between the Yankee Doodle #1 and Yankee Doodle #2 distribution substation, which are served from Rogers Lake and Pilot Knob substations respectively. This phase angle difference is a safety concern during switching because of a large current flow through the distribution system. B. The majority of DEA's loads are served from a 115 kV line from Black Dog and a second 115 kV line from Inver Grove. During Maintenance of either of these two lines, DEA's substations will be served from one 115 kV line. The loss of this line will result in an outage at a number of DEA distribution substations until switching is done to close the normally open switch at Yankee Doodle. The installation of the bus -tie breaker provides redundant service to a significant number of DEA's distribution substation, which serves a large magnitude of load. C. The bus -tie breaker connects the source from Rogers Lake. This helps to unload the 115/69 kV transformer at Pilot Knob that overloads during a fault on the Yankee Doodle 115 kV bus. In 2005, the Yankee Doodle Substation was platted as part of a CUP granted by the City of Eagan (Abstract Doc# 2354239, filed 8-24-2005) and constructed to its current configuration. The 2005 submitted plans show the future addition and location of an Electrical Equipment Enclosure (EEE). The Variance request is to place the EEE Twenty (20) feet from the north property line. The zoning setback is 30 feet. The installation of the 24' X 20' EEE will be in the same location as shown in 2005. The EEE will be placed upon a poured concrete slab. The EEE is constructed at the manufacturer. Existing access points and electric apparatus limit the EEE's placement to the location presented now and in the 2005 plans. The construction would commence immediately upon approval of the requested variance. +a J L LU E LU di E d®A zI F 4 baa. � I�Z N r X10 � s 05 _ sd Y b§_3� II�eMii o i W 3 I 3 N P K I .0-,9L1 I ,O1 I O7Nf1 A023dONd W n I � I 0 0 �s335T79TOh65-- i o jo , m W j I I o I I I IN I I U tAN I I° I I 0 IW I .0�y7,9 Y ' Ai1I Z Iro-,9 Ir I I 13 y N .9-. 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QW W J x8 mirfo i 0 Twm I raaooa I I >J z J �I � 7 W z I 3� 9 5§ taa000 W w b llvm Q) — r= Agenda Information Memo September 6, 2016, Eagan City Council Meeting NEW BUSINESS A. Conditional Use Permit — Gerten's/GLG Properties Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow yard waste recycling and composting facility upon property located at 805 Yankee Doodle Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The site is located north of Yankee Doodle Road across from the Elrene Rd. intersection. It was platted in 1988, and was acquired by the City a number of years ago after it had gone tax forfeit. ➢ A commercial yard waste collection and composting facility has existed in the general location since 1992, and prior to 2001, the subject site was used for this purpose. ➢ The current facility operations on adjacent property to the east are subject to an Interim Use Permit which expires June 1, 2017. ➢ In 2015, Gerten's approached the City about acquiring this site for the relocation of operations in order to insure the continued operation of the facility in Eagan. ➢ Subsequently, the City has entered into a purchase agreement to sell the property to Gerten's, reguided and rezoned the property to Limited industrial, and adopted an ordinance establishing the use as a conditional use in 1-1 zoning. ➢ The proposal includes locating composting windrows and stockpiles of brush, wood chips, mulch and topsoil on the property. The applicant's intent is to relocate existing operations to this site rather than expand the facility. ➢ Proposed site improvements include extending a driveway with turnaround westward into the site, some tree removal, construction of a storm water basin in the southwest corner of the property, and landscaping along the southern edge of the site. ➢ The proposal appears to be consistent with the performance standards in the City Code relative to operation of such a facility. A Grading Permit is required prior to any site disturbance or land alteration activities. ➢ The Advisory Planning Commission held a public hearing on the proposal at their August 23, 2016 meeting, and did recommend approval. Issues: 1` E 1.1; 60 -Day Agency Action Deadline: ➢ October 2, 2016 Attachments: (4) NBA -1 Location Map NBA -2 Draft August 23, 2016, APC Meeting Minutes NBA -3 Planning Report NBA -4 Report Exhibits a� LLo O Z i C 1C O O ■ eeeeea 0.0 w O U m C~7 U a� LLo O Z o w C 1C O O N a N c O U m U a s m a y ao ®®o O Old ILI p a. VNIM, is 0 Mw �"l A i � -uno moll • "�� ' ,, ��l1111111�111� Advisory Planning Commission August 23, 2016 Page 2 of 6 IV. PUBLIC HEARING New Business A. Gerten's Applicant Name: Gino Pitera, GLG Properties Location: 805 Yankee Doodle Road; Outlot I, Gopher Eagan Industrial Park 2nd Addition Application: Conditional Use Permit A Conditional Use Permit to allow the operation of a commercial yard waste recycling, composting facility and landscape center. File Number: 11 -CU -12-07-16 Planner Dudziak introduced this item and highlighted the: information presented in the City Staff report dated August 18, 2016. Member Piper asked about whether the proposal'would result in an increase in traffic at the Yankee Doodle Road and Elrene Road intersection. i3 Tom Evenson, on behalf of the applicant, explained the applicant's intent is to "relocate the composting operations currently occurnhg on Outlot A, Gopher Eagan Industrial Park 8th Addition (formerly Outlot G) to the su`blecf site, Outlot I. S'o operations are not increasing, just relocating. He added that the transition! will take p.year or s6 the applicant is in the process of acquiring necessary permits from other`agenciea, and..the purchase agreement requires that the applicant use the site for composting. f. U f Chair Filipi opened the public hewi, g. z, fit 5 ff, There being no further pUbliccomm; Ent, .Chair F1 lip iclosed the public hearing and turned the discussion batik to the Comission, Member Piper asked abod,�.the fiJ 're signalization:of the street intersection. Assistant City Engineer AarontNelson responded that signalization would likely occur with development,gf=,he property td .the Bast Member Dierkes asked about who would pay the cost of changing grades along the driveway to the site with the future r$:gnalizaton of the intersection. Mr. Nelson responded the 'City would wrap those improvements in with the grading operations associated with the larger development of the property to the east and expect the developer to accommodate a majority of those improvements. Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Conditional Use Permit for a commercial yard waste recycling and composting facility upon property located at 805 Yankee Doodle Road, legally described as Outlot I, Gopher Eagan Industrial Park 2nd Addition, subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: Advisory Planning Commission August 23, 2016 Page 3 of 6 Site Plan Landscape Plan City Code Section 11.60, Subd. 14-C-20 2. Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 3. The commercial yard waste and composting facility shall be subject to continual compliance with City Code standards for such operations contained in the City Code (Section 11.60, Subd. 14.C.20). 4. The applicant shall obtain a Grading Permit from the -City prior to the construction of the proposed outdoor storage, parking areas, private driveway,, an'd,storm water management facility. Detailed plans for this grading work must be prepared `and; signed by a licensed professional engineer. 5. Gravel shall not be used as a surface material for parking, driveways, and outdoor storage areas. h 6b. If recycled asphalt aggregate is used for"the parkirg,_driveways -and outdoor storage areas, the site will be subject; to periodic review by City, staff#or adequacy of the material to control dust and drainage. The first; review will occur two years following approval of this permit. If the material is determined fo.be inadequate, the City will require that it be replaced with bituminous asphalt. =y -U - - e ��Jr. M_ ._=R...r - - - _ - - 7b. If no.bit�+ curb and gutter is used for the perimeter of the proposed parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of drainage an d^conta'inment purposes. The first review will occur two years following approval of this permit. If the `rrjaterial is determined to be inadequate, the City will require that it be replaced with concrete caro and gutter. 8. All storage areas shall be properly maintained to prevent deterioration. 9. The applicant shall redesign the ponding to keep all drainage on this parcel in a design acceptable to the City Engineer, or the applicant shall acquire a private drainage easement from the neighboring property at 3388 Mike Collins Drive; legal address: Lots 21-24, Block 2, Eagandale Center Industrial Park No. 4 for ponding in a form acceptable to the City Attorney. 10. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, Advisory Planning Commission August 23, 2016 Page 4 of 6 including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -reconstructed impervious surface area (which includes areas likely to become compacted from expected use, such as heavy equipment movement areas/lanes). 11. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide adequately sized pre-treatment (4' depth sump with scour protection and adequately - sized floatables skimmer, etc.) immediately upstream of stormwater management basin inlets to provide for effective capture and easily -accessible cleanout of coarse particles, fine -sand sized particles and floatable pollutants. Grading and permanent stabilization around catch -basin inlets (with sumps) shall be provided that ensures capture/conveyance of majority of impervious area stormwater runoff to basin by pipe and not overland across basin side -slope. Side -slope shall be stabilized with Turf Reinforcement Mat (TRM) and appropriate permanent slope - stabilization vegetation installed in accordance with TRM manufacturer's recommendations. Depictions, notes and details shall be included in applicable plan,sheet(s). 12. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies forCity 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_ Z' of soil with noaess than 5% soil organic matter content and less than,200 psi of soil compacfion in the top 12" of topsoil, to comply with Volume Control requiremer fs. These graphical details and notes on soil protection/restoration shall be included in the S,tormwater Management Plan and prominently included in all applicable plan sheets (e 6; Erosion-& Sedimen�, Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 13. Prior to proceeding with land disturbing>activity,'the�pro,perty owner shall enter into a long-term stormwater'rnanagemeint;system mainten°ance agreement with the City, detailing the annual inspection and maintenance ;required tooccur to ensure proper operation and performance, including perpetual retention capacity qnd capability so that no surface discharge leaves the site%stormwater ki'a in;` of the perrpanent stormwater management system, in a form acceptable to the City_Attorney 14. Before the City returhs any Stdrmwater-related Performance Guarantee Fees for the project, the applicant shall provide the City, Engineer as -built plans that demonstrate that all constructed stormwater conveyance stru6@res and stormwater management facilities (sump depths/details, baein volume, pipe inverts/outfalls, etc.) conform to design and/or construction plans, as approved by -the City. , 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. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 18, 2016 APPLICANT: GLG Properties PROPERTY OWNER: City of Eagan REQUEST: Conditional Use Permit LOCATION: 805 Yankee Doodle Road CASE: ll -CU -12-07-16 HEARING DATE: August 23, 2016 APPLICATION DATE: August 3, 2016 PREPARED BY: Pam Dudziak COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit for a commercial yard waste recycling and composting facility upon property located at 805 Yankee Doodle Road, legally described as Outlot I, Gopher Eagan Industrial Park 2nd Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — GLG Properties (Gerten's) August 23, 2016 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 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. BACKGROUND/HISTORY The property was platted in 1988 and remains undeveloped. The property had gone tax forfeit prior to the City acquiring it a number of years ago. It had been the City's intent to make use of the parcel for future park development. In recent years, however, the City has developed park property further north without utilizing the subject site. This property was previously used as a yard waste collection and composting facility dating back to 1992 when the City issued a 5 -year Interim Use Permit for such use of the property. The IUP was renewed several times until 2001, at which time the facility operations had expanded eastward and operations on Outlot I ceased. The most recent Interim Use Permit for the current facility operations on the adjacent property to the east (Outlot H) was in 2007 for a 10 -year term and that IUP expires June 1, 2017. In 2015, the City was approached by Gerten's, the current facility operator, about acquiring Outlot I for the relocation of the yard waste collection and composting operations in order to insure the ability to continue the operation. On May 3, 2016, the City Council approved the purchase agreement for that purpose, and directed preparation of a land use amendment, rezoning, and ordinance amendment to provide for Planning Report — GLG Properties (Gerten's) August 23, 2016 Page 3 composting as a Conditional Use in the I-1 zoning district. Gerten's requested the Conditional Use Permit due to the uncertainty presented by an Interim Use Permit. On June 7, 2016, the City adopted an ordinance amendment allowing commercial yard waste collection and composting operations as a conditional use within the I-1, Limited Industrial, zoning district. On August 1, 2016, the City Council approved and implemented a Comprehensive Guide Plan Amendment to IND, Limited Industrial, and Rezoning of the property to I-1, Limited Industrial. EXISTING CONDITIONS The property is a platted outlot and is located at the northwest corner of Yankee Doodle Road and Elrene Road. Access to the property is from Yankee Doodle Road at the southeast corner of the site. The property is undeveloped with the only improvement being the existing 21 foot wide private driveway that runs along the east property line that serves the current Gerten's facility. The southern portion of the property is open, and the northern portion is heavily wooded. Public water main has been extended to the site, however, sanitary sewer and storm sewer has not. A trailer for the facility attendant is located on the site, and a portable restroom is also available at the site. The northern one-third of the site drains to the north, and the southern two-thirds of the site drains to a low area at the southwest corner of the site. Elevations range from 908' to 858'. SURROUNDING USES The property is surrounded by industrial uses to the west, residential uses to the south, and park uses to the north. To the east, the property is guided for industrial use and is currently occupied by the yard waste collection and composting operations. EVALUATION OF REQUEST Description of Proposal — The applicant proposes to locate composting windrows and stockpiles of brush, wood chips, mulch, and topsoil on Outlot I. The proposed site improvements include extending a 20' driveway with turnaround westward into the site, some tree removal and construction of stormwater basin. No new buildings are proposed. An office trailer is located on the adjacent Outlot H which serves the existing operations. Customer parking and bulk storage of landscape materials for retail and wholesale are also located on Outlot H. Compatibility with Surrounding Area — The site is located within an industrial district and the operation appears compatible with the area. There is residential development south of Yankee Planning Report — GLG Properties (Gerten's) August 23, 2016 Page 4 Doodle Road and west of Elrene Road, across from Outlot I. There have been no complaints in recent years about the composting facility in its current location just east of the subject site. Airport Noise Considerations — The property is located within Airport Noise Zone 4 Buffer. Industrial uses are considered compatible within the Zone 4 Buffer. Site Plan — The Site Plan shows a gravel drive extending westward into the site, and a new stormwater basin is proposed along the southwest edge of the property. Composting windrows are located south of the proposed drive and the stockpiles of brush, mulch, wood chips and topsoil operations are located north of the drive. Access to the site is from Yankee Doodle Road, and is controlled by a gate across the driveway. The site is 15-20 feet below the grade of Yankee Doodle Road and the proposed composting windrows are set back approximately 60-70 feet from the right-of-way. The change in elevation has a screening effect as the materials are below the line of sight from the public right of way. Code Requirements — City Code Section 11.60, Subd 14.C.20 provides: 20. Commercial yard waste recycling and composting facility, provided the following conditions are met: (a) The parcel shall not be less than 10 acres or no more than 12.5 acres in size. (b) Access into the parcel shall be solely from a state or county public right-of-way. (c) The yard waste recycling and composting operations shall be conducted by a retail/wholesale garden or greenhouse operator as a component of its retail/wholesale operations. (d) The facility shall be open to the public for disposal of yard waste for recycling and composting and any fee charge for the disposal shall be reasonable. (e) The facility may recycle and compost only the following materials: grass, leaves, soft plant material, sod, soil, used wood mulch, brush, logs, used concrete, gravel stone and rock; no other waste materials shall be accepted or stored on the parcel. (f) The operator of the yard waste recycling and composting facility may sell at retail or wholesale bulk landscape materials and live trees, bushes and plants as a subordinate, not primary or exclusive, use on the parcel, subject to the storage conditions set forth by the permit. (g) A plan shall be submitted addressing yard waste de -bagging, feed material stockpiling, dry/wet material ratios in windrow construction, windrow turning Planning Report — GLG Properties (Gerten's) August 23, 2016 Page 5 schedules, and process controls and performance standards. Reasonable environmental performance standards stated as conditions may be imposed that address environmental or land use impacts from the items in the plan. The owner shall incorporate all such conditions into its operations plan for the facility. (h) The de -bagging area shall be fenced to prevent the spread of litter and other debris. (i) The operator of the yard waste recycling and composting facility may grind and process received trees and brush waste into wood mulch and may conduct soil blending and processing, subject to the scheduled hours of operation set forth in the Permit so as not to cause noise impacts that would constitute a public nuisance. (j) The site shall be landscaped in order to screen the activities and any storage as permitted under the Permit from any public right-of-way. (k) The site shall be kept free of litter and debris and maintained in a neat and orderly manner. Fencing may be required to prevent the spread of litter. (1) Storm water management plans shall be submitted and approved by the City's Public Works Director. (m) Sanitary sewer shall conform to the city's requirements for any sanitary waste facilities on the property. (n) Noise abatement techniques shall be utilized to meet MPCA noise standards. Said abatement techniques may include, but not be limited to, requiring enclosures of equipment, use of noise absorbing materials, increased setbacks and/or landscaping, and limiting operational hours. (o) Supplemental watering of outdoor composting shall occur as necessary to prevent particulate emission. Turning of windrows shall be restricted during periods of high winds to prevent particulate emissions. (p) Odors shall be controlled, as necessary, to prevent objectionable odors at the property line consistent with MPCA standards and regulations. Many of the above standards related to ongoing operations and will be conditions of CUP approval. The submitted narrative addressed many of these items as summarized below. The property is 12.4 acres. Access is provided from Yankee Doodle Road, Dakota Co. Rd. 28. Gerten's is a retail and wholesale garden and landscape company, of which the yard waste and composting operations at the Eagan location is one component. This facility is open to the public. (Items a, b, c, d) Planning Report — GLG Properties (Gerten's) August 23, 2016 Paae 6 The submitted narrative indicates the facility accepts grass, leaves, and soft tissue plants for composting. They also take wood waste including logs, brush, and stumpage, which are ground into mulch a few times per year. Brown and black soils are also received at this location, then screened and resold for topsoil or clean fill. (Item e) The narrative explains the composting process and management of the windrow material to maintain proper temperature and moisture content, and control odor. The finished compost is resold to customers. The facility requires that customers de -bag their material, and take the bags with them for proper disposal. The debagging area is not proposed to be located on the subject site, but rather remains in its current location on the adjacent parcel (Items g and h). The narrative states grinding is done by a private third party contractor, who brings equipment onto the site as needed. Grinding is done during regular business hours to not cause noise impacts. The facility is open spring, summer and fall; winter hours are by appointment. Hours of operation are generally: Monday — Friday 7:00 a.m. to 9:00 p.m., Saturday 7:00 a.m. to 8:00 p.m., and Sunday 8:00 a.m. to 7:00 p.m. (Item i) The narrative indicates on site noise will be handled by planting trees around the perimeter of the property to absorb excess noise. The proposed Landscape Plan shows new trees to be planted along the south edge of the property, staggered rows three deep of both evergreen trees (spruce and pine) and deciduous shade trees (maple and linden). A staggered row of spruce trees is also proposed along the west side of the driveway. Fencing is currently proposed along the west side of the site, and around the north edge of the stockpile and operation areas for brush, wood mulch, and soils. (Items j, k and n) Sanitary sewer is not currently provided to the site. An office trailer and portable toilet are kept on site. (Item m) The narrative states a water truck is stationed on the site for dust control. The narrative indicates use of proper composting techniques controls odors. (Items o and p) Building Address Numbers — There are no new buildings proposed. The operations on Outlot I will be served by the existing office trailer located on adjacent Outlot H. Address identification should be reviewed and updated to comply with Sec. 2.78 of the City Code if necessary. Stormwater Management/Water Quality — The applicant proposes to add new and fully - reconstructed impervious surfaces totaling approximately 0.824 acres in addition to 4.717 acres of disturbed area on the 12.4 -acre site, to expand composting and mulch operations. Some of the disturbed soil areas will be covered in compost and mulch piles, with heavy equipment movement areas/lanes between. 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 applying to all new/fully- reconstructed impervious area (which includes areas likely to become compacted from expected use, such as heavy equipment movement areas/lanes). To meet the 1.1" Volume Control Planning Report — GLG Properties (Gerten's) August 23, 2016 Page 7 requirement for this application, based on the stated 0.824 acres (35,893 square feet) of new/fully-reconstructed impervious, 3,290 cubic feet of retention (e.g. infiltration basin(s)) would need to be provided. The applicant proposes to meet City water quality/stormwater requirements through the expansion of an on-site basin (for rate control and volume control compliance) to create one large stormwater basin with an on-site storage volume of 5.389 acre-feet (234,745 cubic feet) for retention of a 24-hour I% storm event (7.47") on-site. The proposal also states that the proposed stormwater basin would have additional storage volume for retaining two back-to-back 1% storms, but this potential volume would pond onto approximately 0.3 acres of the adjacent property (3388 Mike Collins Drive). No soil borings within the basin have been provided to determine if the proposed basin would be able to drain down after storm events. The applicant states in the submitted Stormwater Management Plan summary that the no stormwater will leave the proposed stormwater basin because there is no pipe outlet or overland overflow for the basin. 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 Stormwater Management Requirements are acceptable with conditions to ensure continued retention capacity and capability, effective capture/treatment of site impervious runoff, effective pre-treatment of all stormwater runoff entering the basin, effective permanent stabilization/erosion-control around the basin side -slopes and pre-treatment inlets, 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 so that there will be no surface discharge leaving the site. The applicant should redesign the ponding to keep all drainage on this parcel in a design acceptable to the City Engineer, or the applicant should acquire a private drainage easement from the neighboring property at 3388 Mike Collins Drive; legal address: Lots 21-24, Block 2, Eagandale Center Industrial Park No. 4 for ponding in a form acceptable to the City Attorney. This development should 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 and fully - reconstructed impervious surface area (which includes areas likely to become compacted from expected use, such as heavy equipment movement areas/lanes). Prior to receiving city approval to permit land disturbing activity, the applicant should provide adequately sized pre-treatment (4' depth sump with scour protection and adequately -sized floatables skimmer, etc.) immediately upstream of stormwater management basin inlets to. provide for effective capture and easily -accessible cleanout of coarse particles, fine -sand sized particles and floatable pollutants. Grading and permanent stabilization around catch -basin inlets (with sumps) should be provided that ensures capture/conveyance of majority of impervious area stormwater runoff to basin by pipe and not overland across basin side -slope. Side -slope should be stabilized with Turf Reinforcement Mat (TRM) and appropriate permanent slope -stabilization Planning Report — GLG Properties (Gerten's) August 23, 2016 Pave 8 vegetation installed in accordance with TRM manufacturer's recommendations. Depictions, notes and details should be included in applicable plan sheet(s). Prior to receiving city approval to permit land disturbing activity, the property owner should 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 should 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.). Prior to proceeding with land disturbing activity, the property owner should enter into a long- term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance, including perpetual retention capacity and capability so that no surface discharge leaves the site/stormwater basin, of the permanent stormwater management system, in a form acceptable to the City Attorney. Before the City returns any Stormwater-related Performance Guarantee Fees for the project, the applicant should provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures and stormwater management facilities (sump depths/details, basin volume, pipe inverts/outfalls, etc.) conform to design and/or construction plans, as approved by the City. The applicant should submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification should be provided by a Professional Engineer licensed in the State of Minnesota. Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Utilities — 12" public water main was previously extended to the site at the entrance from Yankee Doodle Road. The applicant proposes to extend the water main and install a fire hydrant on the west side of the entrance: The applicant will need to acquire the appropriate permits and approvals from Dakota County to extend the water main through county right-of-way, and restore any damage to the street, curb and gutter, and boulevard to County requirements. Streets/Access/Circulation — Access to the site is from the existing 21 foot wide private driveway located at the north leg of the Yankee Doodle Road and Elrene Road intersection. The existing entrance is located only on the west half (future southbound lane) of the street stub provided at Yankee Doodle Road. The east half (future northbound lane) of the future entrance road has not Planning Report — GLG Properties (Gerten's) August 23, 2016 Page 9 yet been constructed. The site plan shows the addition of a gravel parking area, on the west side of the private drive, and a 20 foot wide gravel driveway and cul-de-sac that extends to the west to access the various stockpiles and windrows located on the site. City Code requires parking, driveways, outdoor storage areas, etc. be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most -widely -used surfacing material to accomplish this requirement and is required for outdoor storage areas. Gravel has typically not been considered an acceptable construction material. There are a number of similar areas within the City that have been allowed to use recycled bituminous aggregate surfacing for parking, driveways, outdoor storage areas. Those conditional use permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the parking, driveways, outdoor storage areas to be resurfaced with bituminous asphalt. The perimeter of parking, driveways, outdoor storage areas, etc., have historically been constructed with concrete cub and gutter for drainage and containment purposes. The applicant does not propose any curb and gutter. If no curb and gutter is used, this would result in a change from past practice and a condition for a periodic staff review of its condition and effectiveness should be a condition of approval. If, upon review, the lack of curb and gutter is determined to be inadequate, the City will require concrete curb and gutter be installed. The applicant should obtain a grading permit from the City prior to the construction of the proposed outdoor storage, parking areas, driveway, and storm water management facility. Detailed plans for this grading work should be prepared and signed by a licensed professional engineer. The Dakota County Transportation Department has identified the intersection of Elrene Road and Yankee Doodle Road (CSAR 28) for a future traffic signal, when traffic volumes warrant. County staff has indicated that the proper alignment of the existing driveway, adding a northbound drive lane that lines up with the south side of the intersection, and flattening approach grades (currently 12%) of the existing driveway, will need to be completed to allow the signal from being installed. They indicated that a relatively flat (2%) entrance would need to be maintained for at least the first 200 feet north of the entrance for a traffic signal to be installed. If 2% grade was maintained, this would require the driveway, and surrounding areas, to be raised by several feet, which would likely require substantial retaining walls be constructed. The installation of the traffic signal, and surrounding improvements, would likely occur with development of the property to the east (Gopher Resource). Easements/Rights of Way/ Permits —No public drainage and utility easements currently exist on this property. The applicant proposed to construct a storm water basin at the Planning Report — GLG Properties (Gerten's) August 23, 2016 Page 10 southwest corner of the site. Storm water modeling shows that the high water level of the basin would extend into the neighboring property to the west. The applicant should acquire a private drainage easement from the neighbor for ponding, or redesign the ponding to keep all drainage on this parcel. Tree Preservation — This development application is subject to conditions of the City of Eagan Tree Preservation Ordinance. The ordinance sets allowable removal limits of significant vegetation. This application is considered a single -lot, single-phase, commercial, and the allowable significant tree removal limit is set at 30.0% of the existing significant vegetation. A tree inventory was provided showing 485 significant trees on the site. Tree removal is proposed in two phases totaling 145 trees, or 29.9% of the total. Since this amount is less than the allowable removal amount of 30.0%, tree mitigation is not required. Financial Obligation — At this time, there are no pending assessments on the parcel. Trunk Sanitary Sewer and Trunk Storm Sewer charges were previously paid by this parcel. Parks and Recreation — Park dedication requirements were previously satisfied through a land dedication with the Gopher Eagan Planned Unit Development. The Gopher Eagan Industrial Park Planned Unit Development and the platting of Outlot I both predate the City's adoption of trail dedication, which became effective in February 1990. SUMMARY/CONCLUSION The applicant is proposing to establish a commercial yard waste and composting facility upon the subject property. The applicant approached the City in 2015 about purchasing the property to ensure long-term operations. In May, the City entered into a purchase agreement with the applicant to sell the property for this purpose. The City Council subsequently adopted an ordinance amendment establishing the use as a Conditional Use within the I-1 zoning district, and amended the land use designation and zoning of the property to Limited Industrial. The Conditional Use Permit runs with the land as long as compliance with the terms of the CUP are met or until terminated. The applicant proposes to locate composting windrows and stockpiles of brush, wood chips, mulch, and topsoil on Outlot I. No new buildings are proposed. The proposed site improvements include extending a 20' driveway with turnaround westward into the site, some tree removal, and construction of stormwater basin. For the time being, existing facility operations on the adjacent property to the east will remain, subject to the terms of that Interim Use Permit. The proposal appears to be consistent with City Code standards regarding operation of such a facility. Stormwater management improvements will require an easement from the neighboring property, or redesign to fully contain stormwater within the site. Some tree removal is proposed, Planning Report — GLG Properties (Gerten's) August 23, 2016 Paee 11 and does not result in required tree mitigation. Landscaping is proposed along the southern edge of the property to establish a buffer for both visual and noise purposes. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for a commercial yard waste recycling and composting facility upon property located at 805 Yankee Doodle Road, legally described as Outlot I, Gopher Eagan Industrial Park 2nd Addition. If approved the following conditions shall apply: 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan • Landscape Plan • City Code Section 11.60, Subd. 14-C-20 2. Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 3. The commercial yard waste and composting facility shall be subject to continual compliance with City Code standards for such operations contained in the City Code (Section 11.60, Subd. 14.C.20). 4. The applicant shall obtain a Grading Permit from the City prior to the construction of the proposed outdoor storage, parking areas, private driveway, and storm water management facility. Detailed plans for this grading work must be prepared and signed by a licensed professional engineer. Gravel shall not be used as a surface material for parking, driveways, and outdoor storage areas. 6a. The proposed parking, driveways, and outdoor storage areas shall be surfaced with bituminous asphalt. •' 6b. If recycled asphalt aggregate is used for the parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. Planning Report — GLG Properties (Gerten's) August 23, 2016 Page 13 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.). 13. Prior to proceeding with land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance, including perpetual retention capacity and capability so that no surface discharge leaves -the site/stormwater basin, of the permanent stormwater management system, in a form acceptable to the City Attorney. 14. Before the City returns any Stormwater-related Performance Guarantee Fees for the project, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures and stormwater management facilities (sump depths/details, basin volume, pipe inverts/outfalls, etc.) conform to design and/or construction plans, as approved by the City. 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. 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Gertens RES will receive yard waste, to include, but not limited to; grass, leaves, soft tissue plants. These feed stocked items will be blended into a windrow and begin the compost operation. The dry/wet ratios in windrow construction is done to achieve a 60% moisture content which is an industry standard. Windrows will be monitored for temperature, rolled and kept in a constant state of active composting for at least 15 days. After the required "time at temperature", the composting operation will continue, until the compost is ready to be screened. Separating finished compost from the unfinished compost, and the overs. The overs will be hauled off site to a suitable landfill, or used in mine reclamation. Unfinished compost will be reintroduced to the composting process. Oder is controlled with proper composting techniques. Finished compost will be blended into soils, or sold "as is" to retail and wholesale customers. Approximately 12,000 cubic yards of finished compost will be sold or blended for use each year. Total time, from receipt to saleable compost is between 22 and 28 composting weeks. Compost is tested with the U of M three times a year. Spring, summer, and fall. Compost bags will be emptied by the customer and taken with them for proper disposal. We will also receive wood waste, to include; logs, brush, stumpage. These items will be stored on-site until the volume reaches a sufficient quantity to process into mulch. The process is completed by running all wood waste through either a tub grinder, or horizontal grinder. After grinding the wood waste into mulch, the windrows are then composted for approximately 4 weeks. This is to kill off any remaining pathogens, or insects that may still be present after grinding. The mulch will then be sold to retail and wholesale customers. Approximately 18,000 cubic yards of mulch will be sold each year. Wood is ground on-site at least four times per year. More if volumes dictate. The grinding equipment is brought on site and the grinding is completed by a private third party contractor these approximately 4 times a year and so the equipment is not stored on site. The grinding is completed during regular business hours as to not cause noise impacts that would constitute a public nuisance. 3. Brown and Black soils will be received at this location. Black soil will be stockpiled until it is screened and recycled back into saleable top soil. This will be sold to retail and wholesale customers. The tailings from this process will be sent for mine reclamation. Brown soil will be stockpiled. This will be maintained and sold back to customers looking for clean fill. Any additional brown will be sent for mine reclamation. 4. In case of Emergency. Gertens will maintain a 10' road around all brush piles, for access in case of fire. Compost windrows will be monitored, and turned to regulate temperature. Eagan Fire Station is located 2 blocks from our location. They can provide fire suppression and EMT services to our site. 5. On site noise will be handled by planting trees around the perimeter of the property to absorb j excess noise. Grinding will only be conducted during normal business hours, and setback well inside the perimeter. 6. Equipment used: Wheel loaders for handling and turning of compost and brush. Trommel screen for the screening of soils. Star screen for the processing of compost and wood products. Skid steer loaders for the loading of material onto customers. On-site dump trucks for transfer of material around site. A water truck is also stationed on site to handle dust control. 7. Start up and shut down. This site starts up each spring as weather allows. Hours of operation are posted on road front signage, to let the community know when we are open. Planned shutdown is in the fall. Generally around December 15t. Heavy snow ultimately dictates actual shut down dates. Unscheduled shutdowns will be handled in accordance with state and county regulations. 8. Fire extinguishers, first aid kits and ppe, are located on site for the protection of our employees and our customers. 9. Access is limited to the site by a metal gate, which is closed only when we are not operating. 10. During spring, summer, and fall, hours of operation are Monday thru Friday 7 a.m. to 9 p.m., Saturday 7 a.m. to 8 p.m., Sunday 8 a.m. to 7 p.m., or sunset all days of the week, whichever comes first. Winter hours are by appointment. Closed New Year's Day, Easter, Independence Day, Thanksgiving, and Christmas. 11. Each inbound load is inspected for contaminates at the time of arrival. Any unwanted debris is removed from the load, or the load is rejected. The drops off bins are monitored throughout the day for contaminates. Any contaminates found are disposed of through the proper channels. Agenda Information Memo September 6, 2016, Eagan City Council Meeting NEW BUSINESS B. Certification of the preliminary 2017 budget and property tax levy, and setting of public meeting date on which the budget and levy will be discussed. Actions To Be Considered: • To approve the preliminary payable 2017 property tax levy as follows: Operating $ 26,487,500 Capital 4,661,520 Debt service 746,341 Community Center debt service (market value -based) 1,122,765 Total levy $ 33,018,126 • To approve the preliminary 2017 General Fund budget, including contingency, of $33,600,200. • To set the date for the public hearing of the Payable 2017 levy and budget as Tuesday, December 6. • To make the following announcement: o "The next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 6 at 6:30 p.m., here in the Council Chambers. The public will be allowed to speak at this meeting." Facts: ➢ The City Council is required by law to certify the proposed payable 2017 budget and property tax levy on or before September 30. The levy can be subsequently decreased, but not increased. ➢ The City Council is also required to announce the date and time of the next regularly scheduled meeting at which the budget and levy will be discussed. The law also requires the Council to announce that the public will be allowed to speak at these meetings. ➢ The City Council reviewed the 2017 General Fund budget at the August 8 special meeting. The budget presented at the workshop was a 4.48% increase over 2016. ➢ The budget is balanced and no appropriation of fund balance reserves is required. ➢ The following changes to the General Fund budget occurred after the August 8 meeting and are proposed to be offset by a reduction in contingency funds: ■ $87,300 revenue increase to engineering fees to include in-house charges for the design and construction management of Vikings Parkway. A corresponding reduction to the tax levy resulted from the increase in engineering fees. ➢ At the August 8 work session, staff presented tax rate calculations using Fiscal Disparities distribution estimate as the actual figure wasn't available. The distribution number is in and increased $54,827 or 1.9% from the estimate to $2,859,487. The tax levy information included in this memo has been updated and incorporates this new figure and the $87,300 decrease in the tax levy. The impact will be that taxes on the average valued home will be $ 4.56 lower from the August 8 estimate. ➢ With the new revenue estimates, the proposed levy increase drops from 4.5% to 4.2% over the 2016 levy. The Eagan portion of the property tax on the average value home in 2017 ($264,213) is estimated to be $974—an increase of $22 from the 2016 amount of $952 on the 2016 average value home ($259,968). ➢ The City's tax capacity rate is estimated to increase from 37.097% to 37.308%, the function of a 4.2% increase in tax capacity -based net local levy, and a 3.1% increase in local tax capacity due to higher property values. ➢ Both the budget and levy will be reviewed, with public input received, at the December 6 meeting. We have confirmed that this meeting will not conflict with the Dakota County's Truth -in -Taxation (TNT) public hearing. ➢ The County will use this preliminary certification information in preparing Truth -in - Taxation (TnT) notices to be mailed in November. ➢ The County has again advised the City of the option to include a very basic insert with the TnT notices. Due to the inherent limitations, the City historically has not prepared an insert and none is contemplated for this year unless otherwise directed by the City Council. Attachments: (1) NBB-1 Preliminary 2017 General Fund expenditures budget summary 2017 Comparative Summary of Expenditures General Fund Budget 2016 2017 1 Difference PARKS & RECREATION 30 Recreation 2,203,400 Budget Budget $ % GENERAL GOVERNMENT 2,108,900 45,000 2.2% 32 Tree Conservation 01 Mayor & Council $ 156,200 $ 152,100 $ (4,100) -2.6% 02 Administration 574,000 583,200 9,200 1.6% 03 Information Technologies 1,627,000 1,660,000 33,000 2.0% 04 City Clerk 373,400 273,700 (99,700) -26.7% 05 Finance 882,900 880,400 (2,500) -0.3% 06 Legal 393,900 405,000 11,100 2.8% 07 Comm Dev--Planning 1,077,800 1,111,700 33,900 3.1% 08 Comm Dev--Inspections 1,221,000 1,194,900 (26,100) -2.1% 09 Communications 583,700 649,900 66,200 11.3% 10 Human Resources 392,700 458,800 66,100 16.8% Gen Govt Total 7,282,600 7,369,700 87,100 1.2% PUBLIC SAFETY 11 Police 12,594,100 13,004,700 410,600 3.3% 12 Fire 2,743,000 2,957,200 214,200 7.8% Public Safety Total 15,337,100 15,961,900 624,800 4.1% PUBLIC WORKS 21 Public Works/Engineering 1,297,700 1,343,300 45,600 3.5% 22 Streets & Highways 2,003,000 1,986,200 (16,800) -0.8% 24 Central Svices. Maint. 614,400 688,500 74,100 12.1% Public Works Total 3,915,100 4,018,000 102,900 2.6% PARKS & RECREATION 30 Recreation 2,203,400 2,199,500 (3,900) -0.2% 31 Parks 2,063,900 2,108,900 45,000 2.2% 32 Tree Conservation 555,400 616,200 60,800 10.9% Parks & Ree Total 4,822,700 4,924,600 101,900 2.1% GENL GOVT BLDG MAINT 33 Government Buildings 788,200 782,500 (5,700) -0.7% Subtotal 32,145,700 33,056,700 911,000 2.83% 41 Contingency --Undesignated 13,000 543,500 530,500 4080.8% General Fund Total $ 32,158,700 $ 33,600,200 $ 1,441,500 4.48%