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09/20/2016 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 20, 2016 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. APPROVE Grant Application from Metropolitan Regional Arts Council for Community Arts F. APPROVE Resolution authorizing the transfer of Outlot I, Gopher Eagan Industrial Park 2nd Addition to the State of Minnesota and the reacquiring of the Outlot by purchase from the State G. APPROVE Resolution appointing absentee ballot board judges and designating them deputy city clerks for the purpose of administering elections H. APPROVE Resolution appointing election judges for the November 8, 2016 General Election I. APPROVE July 1, 2016 to July 1, 2017 General Insurance Renewal J. RECEIVE Final Assessment Report for Project 1142, Nicols Road (Silver Bell Road to 1,235' North) - Street Improvements and Schedule Public Hearing for October 18, 2016 K. RECEIVE Final Assessment Report for Project 1194, Whispering Woods 9th, 11th -13th Additions — Street Improvements and Schedule Public Hearing for October 18, 2016 L. RECEIVE Final Assessment Report for Project 1195, Oslund Timberline /McCarthy Ridge — Street Improvements and Schedule Public Hearing for October 18, 2016 M. RECEIVE Final Assessment Report for Project 1197, Cedar Grove 4th Addition —Street Improvements and Schedule Public Hearing for October 18, 2016 N. RECEIVE Final Assessment Report for Project 1202, Eagan Business Commons (Commers Drive) — Street Improvements and Schedule Public Hearing for October 18, 2016 0. APPROVE Final Payment, Contract 16-20, Citywide Traffic Signal Painting P. APPROVE Resolution to temporarily extend the licensed premise of Bald Man Brewing, Inc. dba Bald Man Brewing located at 2020 Silver Bell Rd #25 Q. APPROVE Final Payment, Contract 16-02 2016 Citywide Street Improvements R. APPROVE Plans & Specifications, Contract 16-10 —Well 22 Building & Equipment, and Authorize Bid Opening for October 13, 2016 S. RECEIVE Petition to Vacate Right -of -Way — 3800 Dodd Road and.Schedule a Public Hearing for October 18, 2016 T. APPROVE Storm Water Agreement with JJMM Investments (3500 Dodd Road) U. APPROVE an extension of recording of the Planned Development Amendment Agreement and CUP- FFC Properties LLC located at 4120 Lexington Way V. APPROVE Professional Service Agreement with Allan Peters dba Peters Design Company W. APPROVE Final Planned Development — CityVue Apartments 2 X. APPROVE Resolution to accept donation from Keith Maiz and an unknown donor Y. APPROVE Dynamic Sign Public Service Messaging Agreement with Outfront Media for Billboard in railroad r.o.w. beyond NE corner of 1181 Trapp Road Z. APPROVE the Second Amendment to the Purchase Agreement with GLG Properties ("Gertens") for the Sale of Outlot I, Gopher Eagan Industrial Park 2nd Addition AA. APPROVE photo management subscription agreement with MediaValet V. PUBLIC HEARINGS A. VARIANCE- Oak Ridge Elementary School / Wold Construction - Variance to the required 50 foot building setback to accommodate a building expansion for the property located at 4350 Johnny Cake Ridge Road B. ACCEPT New Public Drainage & Utility Easement and VACATE Existing Public Drainage & Utility Easement — Oak Ridge Elementary, Lot 1, Block 1, Wilmus Addition C. VACATE Public Drainage & Utility Easement —4668 Weston Hills Drive (Lot 1, Block 2, Weston Hills 2nd Addition) VI. OLD BUSINESS A. APPROVE amended Preliminary Planned Development and Preliminary Subdivision — MV Eagan, LLC VII. NEW BUSINESS 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 Evan Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: SEPTEMBER 16, 2016 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 20, 2016 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 20, 2016 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 20, 2016 Eagan City Council Meeting CONSENTAGENDA 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 September 6, 2016 regular City Council meeting as presented or modified. Attachments: (1) CA -1 September 6, 2016 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota SEPTEMBER 6, 2016 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Acting Mayor Hansen and Councilmembers Bakken, Fields and Tilley. Mayor Maguire was absent. Dean Larson, 3740 Knoll Ridge Drive, addressed the Council regarding organized garbage and recycling services. City staff as directed to research and report back to the Council. A regular meeting of the Eagan City Council was held on Tuesday, September 6, 2016 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Hansen and Councilmembers Bakken, Fields, and Tilley. Mayor Maguire was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Director of Community Development Hutmacher, City Planner Ridley, City Engineer Gorder, Director of Parks and Recreation Pimental, Police Chief McDonald, City Attorney Bauer, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION Police Chief McDonald recognized Susan Smart, Police Clerical Technician, for her 19 %Z years of service for the City of Eagan. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of August 8, 2016 Special City Council meeting and August 16, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to accept the resignation of Marvel Hughes, Part time Overnight Custodian, and authorize the recruitment and replacement of this position. 2. It was recommended to authorize the hiring of listed seasonal employees. 3. It was recommended to accept the resignation of listed seasonal employees. 4. It was recommend to accept the resignation of Susan Smart, Full Time Clerical Tech IV — Police Records and authorize the recruitment and replacement of this position. C. It was recommended to ratify the check register dated August 12, 19, and 26, 2016 as presented. D. It was recommended to approve the ordinary and customary contract with ABM Onsite Services — Midwest, Inc., Wal-Mart Stores, Inc., and West Publishing Company. E. It was recommended 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. City Council Meeting Minutes September 6, 2016 2 page F. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan Foundation to conduct a raffle on November 12, 2016 at 3125 Dodd Road. G. It was recommended 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. H. It was recommended to approve a 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. I. It was recommended to approve a contract with Construction Results Corporation as the recommended contractor for constructing a storage room at the Civic Arena. J. It was recommended to approve a resolution accepting a $100 donation from Blue Cross Blue Shield to the Parks and Recreation Department. K. It was recommended to approve a resolution for donation from Honeywell International's PAC Charitable Gifts program and Marvin Raway for $780.39. L. It was recommended to approve a Final Planned Development upon approximately six acres located south of Cliff Road and east of Pilot Knob Road and to approve a Final Subdivision (Dakota Path 6t" 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. M. It was recommended to 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. N. It was recommended to 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. 0. It was recommended to 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. P. It was recommended to 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. Q. It was recommended to receive the Final Assessment Roll for Project 1203 (Mallard Park 2"d Addition —Street Improvement s) and schedule a public hearing to be held on October 4, 2016. R. It was recommended to 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. S. It was recommended to 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. T. It was recommended to award 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. U. It was recommended to award 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. V. It was recommended to approve boundary and type determinations of six wetland areas and render a "No -Loss" decision, allowing temporary impacts to those wetlands for no more than 180 consecutive days. City Council Meeting Minutes September 6, 2016 3 page W. It was recommended to 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. X. It was recommended 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. Y. It was recommended to approve Access Eagan non-exclusive Access and use Agreement with DataBank Holdings LLC and authorize the Mayor and City 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. Z. It was recommended 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. PUBLIC HEARINGS Certification of Delinquent Utilities City Administrator Osberg introduced the item noting City Code allows for collection through certification of delinquent utility bills which are not paid. The City currently has approximately 1,055 utility bill accounts with delinquent balances. The assessable amount of these accounts is $264,100.56. Osberg noted 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. Acting Mayor Hansen opened the public hearing. Rajesh Mehta, 1610 Blackhawk Lake Place, addressed the Council regarding his delinquent utility bill. City staff will follow up with Mr. Mehta. There being no further public comment, Acting Mayor Hansen turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion 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. Aye: 4 Nay: 0 Certify Delinquent Nuisance Abatement Bills City Administrator Osberg introduced the item noting the Council is being asked to consider approval of the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. The assessable amount of the delinquent invoices is $4,730.00. The City has ten properties with delinquent false alarm invoices, and a diseased tree removal. Acting Mayor Hansen opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded the motion to close the public hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. Aye: 4 Nay: 0 City Council Meeting Minutes September 6, 2016 4 page Variance — Yankee Doodle Substation City Administrator Osberg introduced the item noting the Council is being asked to consider approving a variance to the minimum 30 for structure setback in a Public Facilities Zoning District for the Dakota Electric Substation at 940 Yankee Doodle Road. Osberg noted Great River Energy is proposing to add a 480 square foot equipment enclosure to the existing Yankee Doodle substation. City Planner Ridley gave a staff report and provided a site map. Acting Mayor Hansen opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to close the public hearing and 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. Aye: 4 Nay: 0 OLD BUSINESS There were no old business items to be heard. NEW BUSINESS Conditional Use Permit — Gerten's / GLG Properties City Administrator Osberg introduced the item noting the Council is being asked to consider approving a Conditional Use Permit to allow yard waste recycling and composting facility upon property located at 805 Yankee Doodle Road. City Planner Ridley gave a staff report and provided a site map. The applicant was available for questions. Acting Mayor Hansen open the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow yard waste recycling and composting facility upon property located at 805 Yankee Doodle Road, subject to the following conditions: Aye: 4 Nay: 0 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. City Council Meeting Minutes September 6, 2016 5 page 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. 5. Gravel shall not be used as a surface material for parking, driveways, and outdoor storage areas. 6. 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. 7. If no 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 and containment purposes. 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 concrete curb 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, 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-treated (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 for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with no less than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). City Council Meeting Minutes September 6, 2016 6 page 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. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 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 City Administrator Osberg introduced the item noting the Council is being asked to set the public hearing of the Payable 2017 levy and budget as Tuesday, December 6, 2016. Osberg noted the proposed levy is $33,018,126 and the preliminary, proposed General Fund budget is $33,600,200. The City Council is required by law to certify the proposed payable 2017 budget and property tax levy on or before September 30. Finance Director Pepper gave a staff report highlighting changes to the General Fund budget that occurred after the August 8 meeting and are proposed to be offset by a reduction in contingency funds. With the new revenue estimates, the proposed levy decreases from 4.5% to 4.2% over the 2016 levy. Acting Mayor Hansen opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion 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, 2016. City Council Meeting Minutes September 6, 2016 7 page To make the following announcement: "The next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 6, 2016 at 6:30 p.m., here in the Council Chambers. The public will be allowed to speak at this meeting." Aye: 4 Nay: 0 LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA COUNCIL Councilmember Fields noted she attended the Public Works Expo on Sunday, August 28th, and wanted to thank the Public Works staff for taking her around and showing her the asset management programs currently being reviewed. Councilmember Hansen noted the Dakota County Communications Board of Directors and Executive Committee are excited to announce that Tom Folie has been named as the organization's next Executive Director. Mr. Folie is currently the Manager of Public Safety Operations at LOGIS and will start on October 10. 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, Acting Mayor Hansen seconded a motion to adjourn the meeting at 7:06 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk Agenda Information Memo September 20, 2016 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Accept the resignation of Kerry Phillips, Recreation Program Supervisor, and authorize the recruitment and replacement of this position. Facts: ➢ Ms. Phillips has worked in the Parks and Recreation Department for over 11 years. ➢ During her tenure with the City of Eagan she has been instrumental in bringing Marketfest and the Food Truck Festival to fruition. ➢ Ms. Phillips has accepted a position as Deputy Director of the Greater Ithaca Activities Department in Ithaca, New York. ➢ Kerry's last day will be November 3, 2016 ITEM 2. Action To Be Considered: Accept the resignation of the following Seasonal Employees: Bondhus, Leanne K Fitness Instructor- No Pera Czaplewski, Chad D Ballfield Attendant Fogelberg, Jack J Park Laborer No Pera/Union Johnson, Andrew J Guest Relations - No Pera Johnson, Mitchell A Gis Seas No Pera No Union Kamrud, Richard B Park Laborer - No Pera/No Unio Kemper, Joann F Landscape/ For Tech No Pera/ N Kunik, Kevin M Park Laborer No Pera/No Union Simmons, Donna H Fitness Instructor- Pera Skora, Nicole M Cb Fitness Instructor Smith, Matthew A Ballfld/Park Attend- No Pera/N Thalen, Marissa B Water Resources Intern Volk Decuffa, Mary Ellen Fitness Instructor- No Pera ITEM 3. Action To Be Considered: Approve the contract for a Classification and Compensation Study with Springsted Incorporated. Facts: ➢ The City's Classification system has not been reviewed in over 11 years. ➢ Staff is recommending a full review of all Classification and the City Compensation Plans, per 2016 budget. Agenda Information Memo September 20, 2016 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated September 2, and September 9, 2016 as presented. Attachments: (2) CC -1 Check register dated September 2, 2016 CC -2 Check register dated September 9, 2016 Agenda Information Memo September 20, 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: ➢ Collateral Control Agreement with Minnesota Vikings Football and U.S. Bank National Association for private installation of public utilities ➢ Vending Machine Services Agreement with Royal Vending, Inc. for vending machines at the Municipal Campus Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo September 20, 2016, Eagan City Council Meeting CONSENT AGENDA E: Authorize the application of a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant Action To Be Considered: Authorize the submission of a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant. Facts: Metropolitan Regional Arts Council (MRAC) has grants for up to $5,000 available for Community Arts projects. Grants are awarded with a 25% cash match. ➢ The grant funding will support the following activities in 2016: o Harvest of Art event. Activities to include public Raku firing, Harvest of Art exhibit, entertainment and artist displays/sale by local artists; o Professional development and gathering opportunities for working artists living in our community. o Programming and promotion will take place from January through December, 2016. o The cash match is included in the 2016 budget through program fees. Additionally, staff salaries for project management of the program are included in the cash match. o The grant was submitted by the deadline of October 5, 2015. Attachments: (0) Agenda Information Memo September 20, 2016 Eagan City Council Meeting CONSENT AGENDA F. Approve Resolution Authorizing the Transfer of Outlot I, Gopher Eagan Industrial Park 2nd Addition to the State of Minnesota and the Reacquiring of the Outlot by Purchase from the State Action To Be Considered: To approve a Resolution authorizing the Mayor and Clerk to execute a deed conveying Outlot I, Gopher Eagan Industrial Park 2nd Addition to the State of Minnesota, thereby allowing the City to acquire the property for a subsequent sale to Gertens for use as an eco -site, yard waste facility. Facts: ➢ The City has agreed to sell Outlot I, Gopher Eagan Industrial Park 2nd Addition to GLG Properties (Gertens) for its use as a recycling eco -center. ➢ The State of Minnesota holds a reversionary interest in the property, which requires that the property be returned to the State if it is not used for park purposes. ➢ On behalf of the State, Dakota County board has agreed to convey the property to the City upon the payment of the appraised value without any use restriction. To accomplish the removal of the State's interest, the Department of Revenue is requiring that the City convey the property to the State. Upon payment of the appraised value, the State will then convey the property to the City free of any use restriction and reversionary interest. ➢ In conjunction with the conveyance to the State, the Department of Revenue is requiring a resolution from the Council authorizing the transaction. ➢ The actual purchase process will be completed at the Administration Center in Hastings. Attachments: (1) CF -1 Resolution RESOLUTION RESOLUTION TO AUTHORIZE THE CONVEYANCE OF OUTLOT I, GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION TO THE STATE OF MINNESOTA AND TO SUBSEQUENTLY REPURCHASE OUTLOT I, GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION, FREE OF USE RESTRICTIONS WHEREAS, the City is the fee title holder of Outlot I, Gopher Eagan Industrial Park 2°a Addition (the "Property"), subject to a restriction that the Property be conveyed to the State of Minnesota (the "State") if it is not used for public park, open space or data center purposes; and WHEREAS, pursuant to Minn. Stat. § 282.01, Subd. Id, the City has obtained the approval of the Dakota County Board to abandon the authorized public uses of the Property, to convey the Property to the State, and to subsequently re -purchase the Property from the State at the present market value, free of the use restrictions, for the anticipated conveyance of the Property to GLG Properties, a general partnership under the laws of the State of Minnesota ("GLG Properties") for use as a Regional Eco Services facility for recycling of materials such as grass, leaves, soft plant material, sod, soil, brush, logs, concrete, gravel, stone and rock; WHEREAS, the City has an interest in conveying the Property to GLG Properties for use as a Regional Eco Services facility and finds that use of the Property as a Regional Eco Services facility will serve a public purpose; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby authorize the conveyance of the Property to the State and the subsequent re -purchase of the Property from the State at the present market value, free of use restrictions, for the anticipated conveyance of the Property to GLG Properties, for use as a Regional Eco Services facility. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: September , 2016 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 day of September, 2016. City Clerk Agenda Information Memo September 20, 2016, Eagan City Council Meeting CONSENT AGENDA G. Approve a resolution appointing absentee ballot board judges and designating them deputy city clerks for the purpose of administering elections Action To Be Considered: To approve a resolution appointing absentee ballot board judges and designating them as deputy city clerks for the purpose of administering the November 8, 2016 General Election Facts: ➢ The City of Eagan has been delegated by Dakota County to issue, accept/reject and count absentee ballots from Eagan voters. ➢ To carry out the absentee balloting function, the City must appoint an absentee ballot board. Consistent with past elections, the absentee ballot board consists of City staff and election judges. Absentee ballot board judges receive training in absentee ballot processing. ➢ The proposed resolution appoints the absentee ballot board members as deputy city clerks for the purpose of administering the election. Deputy city clerks are authorized under State Statute to serve on an absentee ballot board and to serve as witnesses for voters who vote absentee at City Hall. ➢ Military and overseas voters receive their ballots, called UOCAVA ballots, from the County. The County's UOCAVA ballot board accepts or rejects the ballots then transmits them to the City to be counted. Because the UOCAVA ballots are oftentimes in a different format, they must be duplicated onto a ballot than can be fed through the tabulators. In past years, the City absentee ballot board has completed the duplication. This election cycle, the County has offered to have its UOCAVA ballot board duplicate the ballots before they are delivered to the City. The proposed resolution includes the necessary language to allow the County to duplicate the ballots. Attachments: (1) CG -1 Resolution RESOLUTION NO. _ CITY OF EAGAN DESIGNATING DEPUTY CITY CLERKS TO SERVE ON THE ABSENTEE BALLOT BOARD WHERAS, Minn. Stat. 20313.05 allows counties to designate municipalities to administer absentee balloting; and WHEREAS, Dakota County has designated the City of Eagan to administer absentee ballots for Eagan voters; and WHEREAS, Minn. Stat. 203B.121 requires the City to establish an absentee ballot board, which is responsible for accepting and rejecting all returned absentee ballots; and WHEREAS, Eagan City Code Chapter 2.73 establishes an absentee ballot board in the City of Eagan; and WHEREAS, Minn. Stat. 203B.121 allows deputy city clerks trained in the processing of absentee ballots to serve on the absentee ballot board; and WHEREAS, Minn. Stat. 20313.23 requires counties to administer absentee ballots for military and overseas voters and many of these ballots must be duplicated pursuant to Minn. Stat. 206.86 before being counted. NOW, THEREFORE, BE IT RESOLVED, pursuant to the requirements in Minn. Stat. 203B.121, the following people are hereby designated as deputy city clerks for the purposes of serving on the absentee ballot board and administering the November 8, 2016 General Election: Carol Tumini, Melissa Timm, Cheryl Stevenson, Kyle Salage, Tom Ferber, Nancy Gibbs, Kent Brost, Karen Dare, Robert DeNardo, Judy DeNardo, Joseph Dierkes, Geri Dodge, John Gustin, Patricia Hamling, Paul Hamling, Roxanne Ianovich, Jeff Kamm, Christine Mazon-Stai, Cherryl Mesko, Robert Newman, Sue Olesen, Sandra Quam, Jody Severson, Mary Ann Sexton, Lori Tripp, Chemiere Verhey, and Lynn Yamanaka. NOW THEREFORE BE IT FURTHER RESOLVED that the Dakota County Absentee Ballot Board is delegated the duty of duplicating military and overseas absentee ballots when necessary prior to delivery to the city. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: September 20, 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 20th day of September, 2016. City Cleric Agenda Information Memo September 20, 2016, Eagan City Council Meeting C��] �i►� �1►� i_[�I �I ►171 H. Approve a Resolution appointing election judges for the November 8, 2016 General Election Action To Be Considered: To approve a resolution appointing election judges for the November 8, 2016 General Election. Facts: ➢ State Statute requires the City Clerk to recommend and the City Council to appoint election judges. In addition to the judge lists submitted by the major political parties, election judges were recruited through the City website and newsletter. ➢ A list of proposed election judges with party affiliation was included in the Additional Information packet distributed to Council on September 2, 2016. Election judges' political affiliations are not public information. ➢ The judges listed in the attached resolution have met the minimum qualifications set forth in State Statute. Some were trained prior to the Primary Election and some will be trained in September and October. Attachments: (1) CH -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPOINTING ELECTION JUDGES TO SERVE IN THE NOVEMBER 8, 2016 GENERAL ELECTION WHERAS, Minn. Stat. 204B.21 requires the governing body of a municipality to appoint election judges to serve in its precincts; and WHEREAS, the City of Eagan has exhausted the judge lists as specified in Minn. Stat. 204B.21 and has recruited other eligible election judges. NOW, THEREFORE, BE IT RESOLVED, pursuant to the requirements in Minn. Stat. 204B.21, the following people are appointed to serve as election judges in the City of Eagan for the November 8, 2016 General Election: Marianne Adelmann Carolyn Beseke David Aderhold Cheryl Biegler Linda Aderhold Seth Boffeli Lois Agrimson George Bohlig Ngozi Akubuike Susan Bradley Shirley Alojado Kent Brost Larry Altman Sheryl Burkhardt Elizabeth Amic Beth Burnett Dawn Anderson Kathy Burton Janet Anderson Diane Carroll Renee Anderson Melissa Casey Tracy Anderson Robert Cason Denise Arambadjis Guanghui Chen Nancy Arata Georgia Cirksena Edward Arias Randall Cirksena Jane Baerenwald Karen Cohoes Judy Barott Tony Coleman Henrique Barreto Diane Colonga Catherine Bartholet Julie Consoer Debora Beck Mike Cook Janet Beecher Gail Cook Teri Bell Kathleen Couch Grover Bellile Margaret Crawford Dianne Belski Betsy Daly Eric Berenz Karen Dare Diane Berg Mara Davenport Karen Berhow Joanie Davis Larry Berhow Melissa Dean Sara Berhow Gretchen DeBoer Jinny Berkopec John Demko 1 of 5 Judy DeNardo Douglas Groettum Robert DeNardo Julie Groettum Marilyn Deviley Julie Ann Grzebien Virginia Dickinson Paul Gulenchyn Joseph Dierkes John Gustin Meri Ditschler Mary Hagberg Geri Dodge Thomas Hamilton Thomas Duerre Patricia Hamling Brian Duffy Paul Hamling Terrance Dunnigan Laura Handler Jonna Dunst Kristin Hanson Peggy Elwood -Hammond Maria Hareid Stephen Endrizzi Arlen Harmoning Patty Erickson Mildred Hartleben Jesse Estum Orlando Hash Nicole Everling Kimberly Heckmann Marilyn Eykyn Carole Heffernan Betty Fedde Art Hendricks Emilio Fedeli Patrick Hendricks Michael Ferber Martha Henrickson Kathleen Finigan Lizabeth Hernandez Dale Firl Andrea Hillerud Dennis Flanagan Bob Hoaglund Shirley Flanagan Dianne Hobot Roxanne Flett Yvonne Holcomb Amanda Fogg Andrea Holland Soni Forsman Janet Holmquist Mary Foss Marion Holzemer Linda Foster Donna Homan Barbara Fox William (Bill) Hudson Tatiana Froloff Marlene Hylbak Cindy Funk Roxanne Ianovich Patrcia Galles Richard Iffert Michelle Garay Beth Iseminger Janet Garding Henry Jandewerth Susan Gauer Margaret Jay Deborah Gerber Steven Jay Hugh Gitlin Chris Jennings Kelly Glover Eric Jensen Pam Gonnella Debra Jergenson Kari Goodson Beth Johnson Sheryl Graham Penelope (Penny) Johnson Richard Gramling Jimmie Johnson Mitzi Gramling Robin Jones Cathryn Grimwood Darlette Jorgenson Jacquelyn Grinde Jessy Jose 2of5 Judy Julian Rose Ann E. Mazierski Jeffrey Kamm Christine Mazon-Staff Kathleen Kamm Debra McDonald Carol Kearns Pat McGraw Melinda Kiemele Mary McGuire Kathleen Kinney Nancy McIntire Barry Kissell William McKeown Shirlee Klang Linh Mckinley Carole Klecker Steven McKinley Barrie Kletscher Joni McLean Steven Kloner Regina McNearney Jessica Knox Lynda Merkens Barbara Koester Rita Mertes Michele Krakowski Cherryl Mesko Cindy Krueger Carolyn Mestnik Elizabeth Kunjummen Carolyn Mestnik Debrah Kunkel Marcia Miller Chelsea Kuznia Sharon Miller John Lamers Thomas Moreau Amanda Lancette Tracy Morics Marie Lane Jean Mueting Sheila Lange Gary Muilenberg John Larkin Mary Munsterman Raymond Larson Diane Murray John Le Claire James Neagbour Daisy Lee Patricia Neppl Sandra Lee Robert (Bob ) Newman Arthur Lemke Margaret Nolan Donna Liberty Bonnie Nunes Judith Lienau Stephanie Nwaudo Joanne Lindahl Anita Oakman Pamela Lindquist Wende O'Brien Janet Linked Amy O'Connell Malcolm Long Lonna Ortloff Wayne Lundquist Carol Osnes Jacqueline Lutter Carol Parent Jennifer Lyman James Paskett Karin Mair Catherine Patterson Mary Makeeff Mary Pechacek Gwendolyn (Gwen) Malm Michael Peiffer Juli Ann Maloney Jane Peterson Amy Marcal Sanchez Jon Peterson Charles Maron Judy Peterson Shannon Martin William Peterson Barbara Mathieu Grace Petri Janine Mattson Lisa Petty 3 of 5 Carla Pfeifer Larry Spicer Cora Pieper Vicki Staudte Thomas Pilon Janet Stevens Oliver Pittenger Donald Stevens Molly Ploetz Cheryl Stodolka Wanda Ponto Sackter David Sturm Stephen Poole Abdikadir Sugulle Jerry Pottorff Phyllis Super Judy Preble Erin Sutliff Stephanie Propson Rose Svoboda Sandra Quam Joyce Swedean Peter Renneberg Richard H Swedean Jerry Richardson Jane Teich Karen Richardson Kristi Tessmer Betty Ross Charles Thorkildson Stephen Ruta Andrea Todd -Harlin Marlys Ruzicka Nancy Trautman Kathryn Sabel Lori Tripp Allison Sackter Royce Tyre Karen Sames Gene Van Overbeke Annette Samson Joann Van Overbeke Richard Schaefer Shaji Varghese Sandi Schaefer Judy Velo Catherine Schallenberg Chemiere Verhey Kim Schaubschlager Carol Vihovde Pamela Schmitz Frederick Vihovde Elliot Schochet Mary Vikla Steve Scholl Dale Vogt Maureen Schriner Ardith Volk John Schumacher Liz Wahlstedt Molly Schutz Mary Walter Beverly Schwartz Kay Wandersee Teresa Schwartz Lynn Wasvick Sandra Scott Kathi Weinzetl Thomas Seiberlich Sharon Weise Ann Selva Carolyn Wesling Jody Severson Thomas Wessel Mary Ann Sexton Joan Wetterling Michael Sexton Colleen Whalen Arlene Sheldon Bette Wheeler Sandra Shelton Rebecca White Emery Sher Barbara Wiese Gerard Skala Shelley Wilde Ted Skluzacek Mary Williamson Timothy Smit Rebecca Wilson Nancy Smith Sherry Wood 4of5 Karen Worke Connie Wrase Lynn Yamanaka NOW THEREFORE BE IT FURTHER RESOLVED that pursuant to Minn. Stat. 20313.2 1, additional judges may be appointed within 25 days of the election if it is determined additional election judges will be required. Motion by: Seconded by: Those in favor: Those against: Date: September 20, 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 20th day of September, 2016. City Clerk 5 of 5 Agenda Information Memo September 20, 2016, Eagan City Council Meeting CONSENT AGENDA Approve July 1, 2016 to July 1, 2017 General Insurance Renewal Action To Be Considered: To approve the general insurance renewal for the period of July 1, 2016 to July 1, 2017. Facts: ➢ The City has received renewal information for its general insurance coverage. The renewal proposed has been assembled through the efforts of Ron Youngdahl and Carl Bennetsen of Northern Capital Insurance Group, the City's insurance representative. ➢ General insurance coverage includes buildings and contents, equipment, automobile, general liability and numerous other smaller areas of risk exposure. ➢ Official quotations were not solicited, but other markets have been reviewed through the years. The general conclusion is that there are no providers who can match the League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages. Consequently, only one quote from the LMCIT is being presented to the City Council for consideration. ➢ The insurance renewal is being presented to the Council partway through the renewal period due to LMCIT processing delays. Appropriate coverage was bound and has been maintained since the July 1, 2016 renewal date. ➢ Consistent with the 2015-2016 policy, the 2015-2016 policy maintains a $50,000 per occurrence deductible and a $150,000 general aggregate deductible. ➢ The 2016-2017 insurance premium is approximately 9 percent lower than the 2015-2016 insurance premium. The majority of this decrease is due to a new LMCIT liability rating process with stronger emphasis on Land Use, Police Related and Employment Related exposures and the City's better -than -average claims history. ➢ Per the conclusion reached by the City Council on May 3, 2016, the renewal approval includes not waiving the monetary limit on tort liability. Attachments: CI -1 Premium Breakdown General Insurance Renewal Premium Breakdown Coverage 2015-2016 2016-2017 Increase/(Decrease) Amount IPercent Property $132,031 $130,657 ($1,374) (1.04) Municipal Liability $183,543 $153,455 ($30,088) (16.39) Automobile Liability & Damage $45,479 $39,776 ($5,703) (12.54) Mobile Property $8,423 $7,955 ($468) (5.56) Blanket Bond $1,957 $1,780 ($177) (9.04) Fireworks $225 $225 $0 0 Equipment Breakdown 1 $22,3991 $23,4151 $1,016 1 4.54 Total premiums 1 $394,0571 $357,263 ($36,794) (9.34) Agenda Information Memo September 20, 2016 Eagan City Council Meeting CONSENT AGENDA J. Project 1142 - Nicols Road (Silver Bell Road to 1,235' North) Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1142 (Nicols Road (Silver Bell Road to 1,235' North) - Street Improvements) and schedule a public hearing to be held on October 18, 2016. Facts: ➢ Project 1142 provided for approximately 1,300 feet of street improvements on Nicols Road, a mixed-use street in northwest 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 16-01, 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 20, 2016 Eagan City Council Meeting CONSENT AGENDA K. Project 1194 — Whispering Woods 9th, 11th —13th Additions Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1194 (Whispering Woods 9th, 11th — 13th Additions - Street Improvements) and schedule a public hearing to be held on October 18, 2016. Facts: ➢ Project 1194 provided for approximately 2,800 feet of street improvements in Whispering Woods 9th 11th — 13 Additions, residential streets in southwest 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 20, 2016 Eagan City Council Meeting CONSENT AGENDA L. Project 1195 — Oslund Timberline / McCarthy Ridge Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1195 (Oslund Timberline / McCarthy Ridge - Street Improvements) and schedule a public hearing to beheld on October 18, 2016. Facts: ➢ Project 1195 provided for approximately 6,700 feet (1.3 miles) of street improvements in the Oslund Timberline / McCarthy Ridge neighborhood, residential streets in north 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 20, 2016 Eagan City Council Meeting VIN-ITC1410 MR -1 M. Project 1197 — Cedar Grove 4th Addition Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1197 (Cedar Grove 4th Addition - Street Improvements) and schedule a public hearing to be held on October 18, 2016. Facts: ➢ Project 1197 provided for approximately 11,000 feet (2.1 miles) of street improvements in the Cedar Grove 4th Addition neighborhood, residential streets in southwest Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on February 2, 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 20, 2016 Eagan City Council Meeting CONSENT AGENDA N. Project 1202 — Eagan Business Commons (Commers Drive) Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1202 (Eagan Business Commons (Commers Drive) - Street Improvements) and schedule a public hearing to be held on October 18, 2016. Facts: ➢ Project 1202 provided for approximately 2,000 feet of street improvements on Commers Drive, a commercial street in northeast 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 16-01, 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 20, 2016 Eagan City Council Meeting CONSENT AGENDA O. Contract 16-20, Citywide Traffic Signal Painting Action To Be Considered: Approve the final payment for Contract 16-20 (Citywide Traffic Signal Painting) in the amount of $11,315.00 to OLS Restoration, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 16-20 provided for the reconditioning and painting of City -owned traffic signals located at the following intersections: o Town Centre Drive and Duckwood Drive o Town Centre Drive and Denmark Avenue ➢ These improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo September 20, 2016, Eagan City Council Meeting CONSENT AGENDA P. Approve Resolution to temporarily extend the licensed premise of Bald Man Brewing, Inc. dba Bald Man Brewing located at 2020 Silver Bell Rd #25 Action To Be Considered: To approve a resolution to temporarily extend the licensed premises of Bald Man Brewing, Inc. doing business as Bald Man Brewing, located at 2020 Silver Bell Road #25 on October 1, 2016. Facts: ➢ Bald Man Brewing is planning an outdoor event on October 1, 2016. As part of the event, the brewery plans to set up a tent in its parking lot. ➢ Per City Code, the taproom license held by Bald Man Brewing only allows the sale of alcohol within the building and on its patio. City Code Chapter 5.07 allows the City Council to temporarily extend an establishment's licensed premise as long as the establishment meets all Code requirements. ➢ Bald Man Brewing has submitted an application to temporarily extend its licensed premise. The application has been reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the temporary extension of the taproom license. Bald Man Brewing is also required to apply for a building permit to construct the tent and a sign permit for signage at the event. Attachments: (1) CP -1 Resolution RESOLUTION CITY OF EAGAN NO. APPROVAL OF APPLICATION TO EXTEND THE LICENSED PREMISES FOR BALD MAN BREWING, INC., DBA BALD MAN BREWING LOCATED AT 2020 SILVER BELL RD #25 WHEREAS, the City of Eagan (the "City") has issued a license for the sale of alcoholic beverages to Bald Man Brewing, Inc. (the "Licensee"); and WHEREAS, the Licensee has submitted an application to temporarily extend the licensed premises to include the service of alcohol in an additional outdoor area of the licensed premises (depicted in attachment A) for the purposes of conducting an outdoor event on October 1, 2016; and WHEREAS, Chapter 5, Section 5.07 of the Eagan City Code allows the City Council to temporarily extend the licensed premises to include any outdoor area located on the property of the licensed premises subject to the applicable provisions of Chapter 10 and Chapter 11 of the City Code provided that specific terms and conditions as set forth in Section 5.07 are met; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves Bald Man Brewing, Inc.'s application for a temporary extension of the taproom license for October 1, 2016 at the licensed premises of 2020 Silver Bell Rd #25. Motion by: Seconded by: Those in favor: Those against: Dated: September 20, 2016 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk CERTIFICATION I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 201h day of September, 2016. Christina M. Scipioni, City Clerk Agenda Information Memo September 20, 2016 Eagan City Council Meeting CONSENT AGENDA Q. Contract 16-02, Citywide Street Improvements Action To Be Considered: Approve the final payment for Contract 16-02 (Citywide Street Improvements) in the amount of $7,680.98 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 16-02 provided street improvements for each of the following projects: o Whispering Woods 9th and 11th —13th Additions — Project 1194 o Oslund Timberline / McCarthy Ridge — Project 1195 o Cedar Grove 4th Addition — Project 1197 o Blackhawk Forest / Centex Vermilion Additions — Project 1198 o Red Oaks, Woodlands 4th, Verdant Hills, and Verdant Acres — Project 1199 o Diff ley Commons — Project 1200 o Kingswood Ponds — Project 1201 o Courthouse Lane, Yankee Doodle Rd / Terminal Drive, Riverton Ave. — Project 1219 as programmed for 2016 in the City's 5 -Year Capital Improvement Program (2016- 2020). ➢ These improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo September 20, 2016 Eagan City Council Meeting CONSENT AGENDA R. Contract 16-10, Well No. 22 Building & Equipment Action To Be Considered: Approve the plans and specifications for Contract 16-10 (Well No. 22 Building and Equipment — Water Improvements) and authorize the advertisement for a bid opening to be held on October 13, 2016. Facts: ➢ On June 3, 2014, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure (2015-2019). Included in the 5 -year CIP was the construction of Well No. 22 in 2015. ➢ On April 7, 2015, the City Council authorized the preparation of detailed plans and specifications for Project 1186 (Well No. 22 Development and Building/Equipment), to be completed by AE2S technical consulting firm. ➢ On November 17, 2015, Contract 15-11 was awarded to EH Renner Well Drilling and provided for the underground development of the Well No. 22 well and casing. This work is substantially complete. ➢ Contract 16-10 provides for the construction of the building (well house) and pump equipment for Well No. 22. ➢ All of the construction activity for Contract 16-10 has been designed to occur within existing public property, right-of-way or easements. ➢ The plans and specifications for Contract 16-10 have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. ➢ All bid advertisement notices will be published in the legal newspaper informing contractors of the bid. Attachments (0) Agenda Information Memo September 20, 2016 Eagan City Council Meeting CONSENT AGENDA S. 3800 Dodd Road Right -of -Way Vacation Action To Be Considered: Receive the petition to vacate excess public right-of-way at 3800 Dodd Road (near Wescott Road) and schedule a public hearing to be held on October 18, 2016. Facts: ➢ On August 17, 2016, City staff received a petition from Paul Heuer, Director of Land Planning & Entitlement representing Pulte Homes, requesting the vacation of excess right-of-way adjacent to property located at 3800 Dodd Road, for a proposed residential development referenced as Tipperary Addition, south of Wescott Road and east of Dodd Road, in east central Eagan. ➢ Historical maps show that in the past Dodd Road used to run east of its current alignment at the intersection of Wescott Road. Between 1970 and 1979, the intersection of Wescott Road and Dodd Road was realigned, to make Wescott Road the priority street and to create a safer intersection. As a result, remnant excess right-of-way exists east of Dodd Road and south of Wescott Road. ➢ The purpose of the request is to allow the recording of a final plat of the property for the proposed Tipperary Addition development as a single-family residential development. ➢ The request would vacate all of the remnant excess right-of-way for the proposed plat. The final plat would dedicate additional right-of-way for Dodd Road in a different Location in order to complete the right-of-way needs for both Wescott Road and Dodd Road. ➢ The final subdivision approval for the development is tentatively scheduled for consideration by the City Council on October 18, 2016. ➢ Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Attachments (2) CS -1 Location Map CS -2 Legal Description Graphics d/GNDODI fIL/Cf/7S �O 0 OT O �v �a 28 28 Jj Location of Proposed Right Of Way Vacation 0 i OP Q - O �O O Diffley Road 30 G 30 30 Ip 'a 43 Cliff Road r v r l N APPLE Y/ILLRY ROSEHOUNf Map of Location for Proposed Right of Way Vacation Fig. 1 South East of Intersection at Wescott & Dodd Roads City of Eagan Proposed Subdivision: "Tipperary" 9/13/2016 P� � N �� r7 N W W K Q :D CY o cV U)r7 / o 0 / W O z o J z 00 R�0 " /.'.'.'..'.' W 1�506n'I00 i ... ... ROW VACATION %2 .ROW VACATION `.,__L=61.06 �... A=5°49'50° � o I..o. N -O.'.'.'.'.'.'1 0.... Q 0 . �.,� ...... �� ...' Q o ...... L=88.24 p........... � �; • A=8°25'30" oo rn o .'.'.'.'.i.'.' 4 o N ..... 3 (V LEGAL DESCRIPTION OF AREA TO BE VACATED: o All that part of Wescott and Dodd Roads located in the Southeast Quarter of the Southeast Quarter Section 13, Township 27, 0 Range 23 and the Northeast Quarter of the Northeast Quarter of Section 24, Township 27, Range 23 lying southeasterly of the following described line: Commencing at the southeast corner of said Section 13; thence on an assumed bearing of North 00 degrees 00 minutes 32 seconds West 175.32 feet along the east line of said Southeast Quarter to the southeasterly line of Wescott Road (County Road 63), as dedicated, and the point of beginning for said line; thence South 49 degrees 51 minutes 46 seconds West 132.59 feet along said southeasterly line; thence southwesterly 273.50 feet along a tangential curve concave to the northwest, having a radius of 600.00 feet, and a delta angle of 26 degrees 07 minutes 00 seconds; thence South 00 degrees 32 minutes 34 seconds West 30.20 feet; thence southerly 64.38 feet along a tangential curve concave to the west; having a radius of 550.59 feet and a delta angle of 06 degrees 42 minutes 00 seconds to the centerline of Old Dodd Road and there said line terminating. N TIPPERARY d ao' 60' EAGAN, MN PETITION TO VACATE EXHIBIT DATE: 8-17-16 DRAWN BY: CAB ALL 1 A N T SCALE: 1"=60' ENGINEERING Fig. 2 Agenda Information Memo September 20, 2016 Eagan City Council Meeting CONSENT AGENDA T. Approve Stormwater Management System Maintenance Agreement JJMM Investments Action To Be Considered: Approve a Stormwater Management System Maintenance Agreement with JJMM Investments, L.L.C., for property located at 3500 Dodd Road, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ JJMM Investments, LLC, owner of 3500 Dodd Road, proposes to add approximately one acre of new impervious parking lot surface to the site. The scale and type of proposed improvements require a grading permit. The current tenant on the property is MN Top Team, a fitness and sports training group. ➢ In order to meet City Code Sec. 4.34 stormwater requirements for the addition of impervious surface, the applicant proposes to construct six infiltration/ bio - retention basins, one vegetated swale, and soil remediation for the disturbed/graded soil areas (proposed to be revegetated as pervious surfaces after final grading). ➢ The City requires a long-term maintenance agreement with the owner to ensure continued and proper functioning of the private stormwater management system, which contributes to the public stormwater management system. ➢ The agreement, including exhibits provided by the owner's consulting engineer, has been reviewed by the City Attorney's Office and Public Works Department staff, and found to be in order for favorable Council action. Attachments (1) CT -1 Storm Water Agreement STORMWATER MANAGEMENT SYSTEM MAINTENANCE AGREEMENT This Stormwater Management System Maintenance Agreement ("Agreement") is made this day of , 2016, by and between JJMM hivestments L.L.C., a Minnesota limited liability company (the "Owner"), and the City of Eagan, a Minnesota municipal corporation (the "City"). The Owner and the City shall jointly be referred to as the "Parties". WHEREAS, the Owner is the fee owner of real property legally described as: That part of Lots One (1) and Five (5), Loren Place, according to the recorded plat thereof, and that part of the South Half of the Northeast Quarter of Section Thirteen (13), Township Twenty-seven (27), Range Twenty three (23), Dakota County, Minnesota, described as follows: Commencing at the northeast corder of the Southwest Quarter of the Northeast Quarter of said Section 13; thence South 7 degrees 15 minutes 46 seconds East, assumed bearing, along the westerly line of U.P.S. 2nd Addition, according to the recorded plat thereof, Dakota County, Minnesota, a distance of 270.61 feet to the point of beginning of land to be described; thence North 7 degrees 15 minutes 46 seconds West along said westerly line, a distance of 227.73 feet; thence South 64 degrees 04 minutes 48 seconds West a distance of 329.82 feet; thence South 26 degrees 20 minutes 41 seconds East a distance of 37.01 feet; thence South 64 degrees 27 minutes 35 seconds West a distance of 16.20 feet; thence South 25 degrees 23 minutes 55 seconds East a distance of 64.88 feet; thence South 64 degrees 12 minutes 09 seconds West a distance of 26.50 feet; thence South 23 degrees 14 minutes 46 seconds East a distance of 90.78 feet; thence north 61 degrees 24 minutes 54 seconds East a distance of 48.71 feet; thence South 26 degrees 20 minutes 41 seconds East a distance of 27.04 feet to the northerly line of KSTP, according to the recorded plat thereof, Dakota County, Minnesota; thence north 63 degrees 45 minutes 40 seconds East, along said northerly line, a distance of 255.36 feet to the point of beginning. (the "Property"); and GP EX -13-1607 Pg. 1 WHEREAS, a grading permit application has been submitted for land disturbance activity affecting approximately 1.0 acre to add an asphalt parking lot at 3500 Dodd Road, resulting in the addition and full reconstruction of approximately 0.75 acre of impervious surface. A plan set including stormwater management practices ("Site Plan") has been submitted with the application with latest revisions dated August 16, 2016. The approval of a grading permit for a project of this scope includes requirements within Eagan City Code Chapter 4.34 that the Owner shall meet all City stormwater requirements (including Volume Control); and WHEREAS, the approved "Site Plan" includes stormwater management practices, including six infiltration/bioretention basins, one vegetated swale, and soil remediation for the areas of disturbed/graded soil areas that are proposed to be revegetated pervious surfaces, hereinafter referred to as the "Stormwater Management System", (including all components designed to convey stormwater on & off the site, treat and reduce stormwater runoff volume, and ensure safety of the Stormwater Management System). The pertinent pages from the Site Plan, and City Council minutes excerpts are attached hereto as Exhibits A -G and incorporated herein; and WHEREAS, the Owner shall install the Stormwater Management System in order to comply with Eagan City Code Chapter 4.34, "Post Construction Storwmater Management Requirements" for the purpose of on-site stormwater management, including rate control and volume control, for the protection of the City's downstream water bodies; and WHEREAS, the City requires the Owner to install, operate and maintain the Stormwater Management System in good working order acceptable to the City, in accordance with the terms and conditions set forth in this Agreement, and in accordance with standards within the Minnesota Pollution Control Agency's Stormwater Manual, WHEREAS, the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction, operation, maintenance, repair and replacement of the System (the "Requirements"), as between the Parties, on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each Party to the other, as hereinafter set forth, the Parties agree as follows: 1. Operations & Maintenance. The Owner shall substantially comply with all implementation, operation, inspection and maintenance recommendations in the Minnesota Pollution Control Agency's Stormwater Manual and the following additional requirements, all at its sole cost and expense: a. The Stormwater Management System shall be inspected annually by a qualified person, with demonstrated post -construction stormwater best management practice inspection and maintenance experience, including inspection and maintenance of all sediment capture, stormwater infiltration/filtration and GP EX -13-1607 pg. 2 stormwater re -use practices, selected by the Owner, and approved by the City Engineer, b. The Owner shall submit an annual inspection and maintenance report to the City, to be received by mail or electronically no later than September I", of the Stormwater Management System. The report shall include the following: i. Date and time of annual inspection; ii. Detailed log of inspection findings / maintenance needs of individual stormwater best management practices; iii. Date, time and description of maintenance performed; and iv. Supporting photographs. C. All settled solids, floatable litter and other material obstructions, that could inhibit proper function of the Stormwater Management System, shall be promptly removed and disposed of properly, by the Owner. If at any time the volume control practices (six infiltration/bioretention basins) fail to meet the performance standards to which it was designed and approved (2,988 cubic feet of impervious runoff volume retention/infiltration, based on 32,597 square feet (0.7.5 -acre) of new impervious surface), from any rain event, or fails to achieve complete infiltration within forty-eight (48) hours after any rain event (collectively, the "Requirements"), the Owner. shall promptly perform remediation in compliance therewith. The Owner shall complete any necessary repairs and/or preventative maintenance procedures in a timely manner to ensure proper functioning of the Stormwater Management System, and in compliance with maintenance requirements in Eagan City Code Chapter 4.34, "Post -Construction Stormwater Management Requirements". Owner specifically grants City access to, from and across the Property in order to evaluate and inspect the Stormwater Management System, as necessary, in order to ascertain that the practices are functioning as planned and in compliance with City Stormwater management requirements. The City may recommend any corrective actions required to bring the Stormwater Management System into proper operating condition. 2. Standards for Performance. Any act of construction, maintenance, repair or replacement to be performed under this Declaration shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that a Storm Water Management System does not conform to the Requirements of the City, the City shall notify the Owner GP EX -13-1607 pg. 3 of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within thirty (30) days after receipt of such notice. If the proposed remediation plan and schedule are not acceptable to the City, the City shall notify the Owner of the deficiency, and the Owner shall submit a revised plan to the City within fourteen (14) days after receipt of such notice. 3.2 Failure to Re air. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City -approved remediation plan to bring the Storm Water Management System into compliance with the Requirements, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan for the Storm Water Management System and complete all work necessary to correct the Storm Water Management System so as to bring it into compliance with the Requirements. 3.3 Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the Storm Water Management System and all work completed by the City to bring the Storm Water Management System back into compliance with the Requirements. 3.4 Waiver of Rights. If the Owner does not timely reimburse the City, the City may recover its costs by levying a special assessment against the Property. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to the Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest the assessments under Minnesota Statutes § 429.081. 4. Amendment. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, and may withhold or delay consent for any reason or none whatsoever, or may condition consent upon such terms as the City deems desirable, it being the City's absolute right and prerogative to insist that the terms of this Agreement remain in effect and unaltered and to permit amendment, release or termination only at such times and under such circumstances, if any, as the City deems desirable in the exercise of its discretion. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgement, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination, and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution. Notwithstanding anything herein to the contrary, the Property shall not be deemed dedicated to the public or otherwise public land, and the City shall have no obligation and no right, not otherwise existing GP EX -13-1607 pg. 4 independent of this Agreement, under this Agreement, or under the ordinances, statutes and other laws under which the City operates, to maintain or administer Property. 5. Enforcement. If the Owner fails to comply with this Agreement, the City may enforce this Agreement by legal action or any other remedy available to the City, and the Owner shall be responsible for the City's costs and expenses of enforcement and/or remediation, including; reasonable attorneys' fees, and any associated maintenance and repair costs, within thirty (30) calendar days after receiving are request for reimbursement. 6. Governing, Law, This Agreement shall be construed under and enforced in accordance with the laws of the State of Minnesota.. 7. Authoritv. The Owner covenants with the City that it is the fee owner of the Property as described above and has good right to create the covenants contained herein. S. Duration. The covenants contained herein shall run with the Property in perpetuity and shall bind the Owner and its successors and assigns. 9. Recording Agreement. The City shall record this Agreement against the Property with the Dakota. County Recorder's Office upon full execution of this Agreement. Owner (or• Representative) Contact lnfoe•mation for Lon Term Inspection/Maintenance° Name: Jeremy Clark Title: C.YC. � Business name: JJMM Investments L.L.C. Street Address: 3.500 Dodd Road City, State, Zip: Fagan, MN 55123-5512 Telephone: 6. Y/ e..1)J'' - 7zlg/L•, Email: iclark@minnesotatopteam.com GP EX -13-1607 pg. 5 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. OWNER: JJMM Investments L.L.C. a Minnesota limited liability company By: (sign) g) / �-�v*^•'-f �r� (print name) Its: <v w�_ (title) STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this V-/". day of 2016, by the of JJMM f Investments L.L.C., a Minnesota limited liability company, on behalf of the limited liability company. Notary Public MICHELLE CAMPBELL LUTOVSKY NOTARY PUBLIC • MINNESOTA v„a My Commission Expires Jan, 31, 2019 GP EX -13-1607 pg. 6 CITY: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing 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 THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-4768) GP FX -13-1607 pg. 7 i t - 7 t, t 1, w Y 7 � 1 {] a exhibit A _ k' 3 a is Or Exhibit B s - i s, • : � # Fxflibit C ` w = -, j) :� (D \ / \ ». \ \ t� C\j 4 14 i A A I A L z net 1101011 ni l m I m lug I H a 116 pit to 1-18 A L z ,1! ni l m I H a pit to 1-18 H gy 1 1 § - >|! \� ) \} § - >|! ) \} ) §7 FID \\\\ \\ pu� -::(: Nil ^ §2 %( - >|! Agenda Information Memo September 20, 2016, Eagan City Council Meeting CONSENT AGENDA U. Approve extension of time to record documents — FFC Properties Actions To Be Considered: To approve an extension of time to December 3, 2016 to record a Conditional Use Permit and Planned Development Amendment for Crossroads Church and FFC Properties. Facts: ➢ FFC Properties received approval of a proposal to expand the building at 4120 Lexington Way (PD Amendment) and to expand/create a shared parking area with the neighboring Crossroads Church at 4100 Lexington Way (Conditional Use Permit). ➢ The Conditional Use Permit and PD Amendment were approved June 7, 2016 with the stipulation that the documents be recorded within 60 and 90 days respectively. ➢ Preparation of the documents and agreements to be recorded took longer than anticipated, and were first provided to the Applicant just prior to expiration of the time frame for recording. Also, additional plans that are required from the Applicant have not yet been received. ➢ An extension will allow the applicant additional time to provide the additional plans, and complete recording of the two documents. Issues: None Attachments: (1) CU -1 Location Map �9- i aO U O J c a� E � c E 06 J p c ,r Na►�'E N C E L Q x Oawww a r r r p 0 > L N o d 0 0 , 0,T o 000 LLQ or -<5 O C = � V Ewa, 0(4 CS4 C14 Z V o aNi z � � d L d RS a. rX U z (o LL o (:: N 0 O 0 0 C o rg U nfi i ,p a+ N 7 N N U U C = 0 1 m qq Oqq� 0 qq WILDFLOWER LANE Him S 6 ®o I z (o LL o (:: N 0 O 0 0 C o Z, U ,p N 7 N N U U C = 0 1 m M WILDFLOWER LANE Him S 6 ®o I a �® z (o LL o (:: N 0 O 0 0 O DO 8 a ALLLLI M WILDFLOWER LANE S 6 I a w O z O o 2C ' 2 a � i U 4 a W 03 on- 'd .' 0 LL 3' 0) ® Q 1D OD O � � w i 5 b V { s 5 MV03WONONV f 88 TM o m R (� { `1I 1F -'p N y � rm M �1� b 1 "�l cm N � O x Na- 6 NlAoi N 6 f'A Ri 0 ta 'a �+NVl IAOLINno Agenda Information Memo September 20, 2016, Eagan City Council Meeting CONSENT AGENDA V. APPROVE Professional Service Agreement with Allan Peters/ dba Peters Design Company Action to be Considered: To a approve a Professional Service Agreement with Peters Design Company to provide communications consulting services related to Website redesign and reviewing brand strategy research. Facts: ➢ Strategy Five of the Eagan Forward initiative recommended that as Eagan enters the next generation of redevelopment it is time to update its logo and corresponding identity system to reflect the Eagan we are today. ➢ At the August 8, 2016, work session, the City Council heard an overview of the proposed 2017 budget, including an item in the Communications budget related to updating the City's logo and brand positioning. ➢ In advance of final consideration of that recommendation later this year some time -sensitive pre -work must be done. ➢ This includes professional review of past research conducted by the City that will inform any future strategy, and developing color scheme recommendations for a Website redesign funded in the 2016 budget. ➢ For technical support reasons the rebuilt site must be moved to a new platform with its new look in advance of development of any new logo, but its look must be designed with an eye to work seamlessly with any subsequent City rebranding. ➢ Based on results from a Request for Quote, staff recommends Peters Design for this project. Attachments: (1) CV -1 Service Agreement Peters Design Company 1626 Harbour Point Eagan, MN 55122 612.423.2025 September 12, 2016 PROFESSIONAL SERVICE AGREEMENT TOM GARRISON COMMUNICATIONS DIRECTOR THE CITY OF EAGAN 651-675-5008 PROJECT City of Eagan Communications Consulting SCOPE (1) Review past research`to inform brand strategy recommendations (2) Review history of City website and understand current needs/challenges to develop recommendations for website redesign COMPENSATION PROFESSIONAL SERVICES The estimated fee for professional services is not to exceed $20,000.00. BILLING Upon approval of this proposal, Allan Peters will invoice half ($10,000.00) of the estimated professional service fee. Payment of this deposit amount is due upon receipt. The remaining half of the professional services fees and outside costs will be billed once the project is completed and accepted by the Client and is due upon receipt. Any work not within the scope of this agreement will be charged at an additional $150.00 an hour. GENERAL TERMS Either party can cancel this project at any time upon 30 day written notice. In this event, Allan Peters will be entitled to compensation for all professional services performed to -date. Upon receipt of a written cancellation notice, Allan Peters will reconcile all professional fees to actual and bill these total fees to the Client. Billings will not exceed the total professional .fees indicated in the Proposal. AGREED & ACCEPTED Upon prior City,Council authorization of this professional services agreement, the endorsement of this Proposal in the space provided below serves as authorization and acceptance of the terms outlined herein and forms an agreement between us. The effective date of this agreement is the final date of signature below. TOM GARRISON — COMMUNICATIONS DIRECTOR Date Agenda Information Memo September 20, 2016, Eagan City Council Meeting CONSENT AGENDA W. Approve Final Planned Development for Lot 1, Block 1, CityVue Commons 2nd Addition — EaganVue Apartments, LLC Action To Be Considered: To approve a Final Planned Development upon approximately 2 acres located north of Town Centre Drive and west of Promenade Ave. Facts: ➢ The CityVue Planned Development (PD) was established in 2014. ➢ The City Council approved a Preliminary PD Amendment on May 17, 2016, for the second apartment building to allow a larger building size, additional units and expansion of the parking ramp. ➢ The final development plans for Lot 1, Block 1, CityVue Commons 2nd Addition, have been reviewed by staff and are consistent with the preliminary approvals. All documents and agreements are anticipated to be in order for execution at the City Council meeting on September 20, 2016. Issues: None Attachments: (2) CW -1 Location Map CW -2 Final Planned Development Agreement E51, -0 «, s N N Z (D LL o 0 r' CV C O MEN U go Ip son N N C o il N N U U C C L O MINE J ION ® o • a a ® a.e. o _ e a e..e i® o LO MEN go son •. o il -. =� ►ili�ltll_ MINE ION • a a ® a.e. o _ e a e..e - - _-. - ,'�� ♦ ' IIIIB � � ,..� � Ir�itii '��ir Ii►��i►� ��rrerrrr■■.I orellf•• ••�rr��� ■` r ' � � �� ..rrowrr•.. I�� III���.•,� FINAL PLANNED DEVELOPMENT AGREEMENT LOT 1, BLOCK 1, CITYVUE COMMONS 2H ' ADDITION This Final Planned Development Agreement ("hereinafter "Agreement") is made effective as of the day of 2016, by and between the City of Eagan (hereinafter the "City"), a Minnesota municipal corporation; and EaganVue Apartments, LLC, a Minnesota limited liability company (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 Lot 1, Block 1, CityVue Commons 2„ d Addition (the "Property"); and WHEREAS, the development and use of the Property is governed by a Preliminary Planned Development Amendment Agreement dated July 19, 2016 and recorded with the Dakota County Recorder as Document No. 3140504 (the "Development Agreement"); and WHEREAS, the Owner has applied for and the City has approved a Final Planned Development to allow a 5 -story, 122 -unit apartment building on the Property (the "Development"); and WHEREAS, the Development Plans attached hereto (Exhibits B -G) are found to be in conformance with the Development Agreement, and the Parties hereby acknowledge that this Agreement and the attached exhibits constitute the Final Planned Development for the 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 -G. (A full size copy of the exhibit shall be on file with the City's Community Development Department.) Exhibit B — Site Plan last revised August 30, 2016 Exhibit C — Building Elevations last revised August 30, 2016 Exhibit D — Landscape Plan last revised September 13, 2016 Exhibit E — Signage Plan last revised September 13, 2016 Exhibit F — Site Lighting Plan last revised August 30, 2016 Exhibit G — Terrace/Recreation Area Plan last revised August 30, 2016 4. This Agreement shall run with the Property until terminated and shall be binding upon the owners and assigns of the Owner. 5. 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] 4 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: City Attorney STATE OF MINNESOTA) )ss COUNTY OF DAKOTA ) On this day of APPROVED AS TO FORM: City Planner , 2016 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 3 Final Planned Development Agreement Signature Page for the Owner EAGANVUE APARTMENTS, LLC, a Minnesota limited liability company IC Its: STATE OF ) ss COUNTY OF The foregoing instrument was acknowledged before me this day of , 2016, by , the of EaganVue Apartments, LLC, a Minnesota limited liability company, on behalf of the limited liability company. THIS INSTRUMENT WAS DRAFTED BY: Notary Public COMMUNITY DEVELOPMENT DEPARTMENT CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122 (651)675-5685 0 EXHIBIT A 1. An Amendment to the CityVue Commons Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: a) Site Plan [Satisfied] 2. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits: a) Final Site Plan b) Final Building Elevations c) Final Landscape Plan d) Final Signage Plan e) Final Site Lighting Plan f) Final Terrace/Recreation Area Plan 3. The property shall be platted prior to Building Permit issuance. [Satisfied] 4. The applicant shall submit a revised, standard, Site Plan to scale (labeling setbacks, streets, without photometric details, etc...). [Satisfied] 5. The applicant shall provide a shared Declaration for parking and use of amenities in a form acceptable to the City Attorney. [Satisfied] 6. The dog run area shall be enclosed with decorative fencing. [Not Applicable; removed from Site Plan] 7. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan for outside plant (including handholes and conduit path) work as well as an electrical plan for inside plant work to be reviewed and approved by City staff. This development shall include the installation of fiber optic cable in its construction plans at the time of Building Permit. 8. The applicant shall restore the street, curb and gutter, sidewalk, and boulevard in a manner acceptable to the City Engineer. 9. All building and free-standing signage shall comply with applicable provisions of the City Sign Ordinance. 10. The monument sign shall be located outside of the drainage and utility easement. [Not Applicable; removed from Site Plan] 11. Trash and recycling receptacles shall be stored within the building. 12. The development shall be responsible for a cash park dedication payable at the time of Building Permit at the rates then in effect. 13. Trail dedication has been fulfilled through the construction of walks and trails with public recreational and transportation benefits, with the original development. The construction of these walks and trails satisfies the trail dedication requirements and no additional cash payment shall be required. 14. The athletic netting for the volleyball area shall be kept in premium condition. Replacement of the netting shall occur immediately if it falls into disrepair. 15. The Site Lighting Plan shall provide a minimum 0.5 footcandles throughout all courtyard and dog run areas, and an average to minimum ratio that does not exceed 4.0 footcandles. [Satisfied] 16. The applicant shall provide required recreational space for the apartment building, per City Code requirements. [Satisfied] 17. The applicant shall provide required storage space of 18,300 cu. ft. for the apartment building, per City Code requirements. [Satisfied] 18. The Landscape Plan key shall be revised to quantify the specific number of trees per quantity (e.g. X Elm, X Maple, X Sugar Maple). [Satisfied] 19. Overstory trees shall be placed so as not to conflict with pole lighting or utilities such as hydrants. [Satisfied] 20. Ground mechanical equipment shall be screened by perennial and shrub plantings. [Satisfied] 21. The applicant shall provide a revised Elevation plan, to scale and dimensioned with overall height. [Satisfied] 22. The Elevation shall provide four-sided architecture and the interior courtyard shall include brick material on the ground level similar to the perimeter of the building. [Satisfied] 23. 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E Et#, Is'4„1#:: tj;;llf,,,, #j jilimp! , if if o ILL zlm, w ( l,j fj j?#r j IER w u -- � - � i rC• FE tl l }J ! }fl. ii:.= ! { f+ i ' i =-- � I = g iiy# j iif j ` i,'J•jft(a !ltE }qE (jjlf!'flfl,;j '� ' � ; W � � ��— $ $� � o �j!i! j i(f};•i tj!j, E j f€•i}j�lj+j}�'`€ ([� Aja' : ,;,h•i'[,i i E ti",,i' j #' ;,Ii. iShl3; (::!, ; it}t;jj!!,i'•#( 1!'f [j} ii +,tl'Il.!j! , ;jj,;,l, i i' E, i ,1 }I fi'• iz,, F s j I fl, t: I ,} p}#i= I I[i ! u t1 S = ?i"i ' i t= ,j j !i I !j l.f } #'t.j ; `li(rfl vim✓ / �fl, j,tr i tf a t'ilE'• l.j'1 j,!ii tfj!:i;tjj,f. :.:i,[:fill; ilii• 'Illi;ill' #il jt' (i,'}l,, jUjjil Pill i}'s ji, ;,i m Mill !J)I' itE# i f+ififle3li#,1SIf !Jt!jj;1',lfii fi:;([fS?!?feSj#r !Sit#jf ji illi! ,loo Agenda Information Memo September 20, 2016, Eagan City Council Meeting CONSENT AGENDA X. Approve resolution accepting donation from Keith Maiz and an anonymous donor Action To Be Considered: Approve resolution accepting $105 donation from Keith Maiz and an anonymous donor. Facts: ➢ State Statute 465.03 requires that the city accept donations by resolution of the governing body adopted by a two-thirds majority. ➢ The City received donation checks from a 3rd party company via a payroll deduction from employees of Target Corporation. ➢ One of the employees is Keith Maiz and the other is listed as an anonymous donor. ➢ The donations total $105 and will be receipted to the General Fund to support general operations of the City. Attachments: (1) CX -1 Resolution accepting donation from Keith Miaz and an Anonymous donor RESOLUTION NO. TO ACCEPT DONATION FROM KEITH MIAZ AND AN ANONYMOUS DONOR WHEREAS, the City of Eagan, Minnesota (the "City"), is required by State Statute 465.03 to accept donations by resolution; and WHEREAS, the Mr. Keith Maiz and an anonymous donor desired to make a contribution of money to the City with no specific designation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the Eagan City Council does hereby accept the donation of $105 to support general services the City provides. 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 _ day of , 20_. Mike Maguire, Mayor Christina M. Scipioni, City Clerk Agenda Information Memo September 20, 2016, Eagan City Council Meeting CONSENT AGENDA Y. PSA Agreement with Outfront Media - City of Eagan Action To Be Considered: Approve an agreement between the City and Outfront Media, LLC to provide the City five (5) hours/month (2250 eight -second spots) for public service announcements on the billboard located on Canadian Pacific Railway System right-of-way on the south side of 1-494 and west of Hwy 55, beyond the NE corner of 1181 Trapp Road, in the NE % of Section 3. Facts: ➢ The Sign Ordinance allows conversions of static billboard signage to dynamic display signage provided the sign company either: A. reduces the number and size of billboard space they have in the City by an equal amount or B. provides the City five hours per month for public service messaging on the new dynamic display sign ➢ Outfront Media, LLC is proposing to change -out the west face of the existing static billboard to a dynamic display sign and provide the City five hours of messaging per month. ➢ Upon approval by the City Council and execution of said agreement, the Sign Permit will be issued to allow Outfront Media to convert the sign. Attachments: (2) CY-1 Location Map CY-2 PSA Agreement m �Z N O O U- O O CV i 1 w m x a —�__1L £ ON IJNI 31 1Sb3 Nf O HNOSJNf 7—£bdONOHOLI"0 tS�M� -ZYnoo 31N30 OA183 VONV'JV3 J a (� 3 3f1N3 U K d� Z U Q ��A K C (J 9 P r. MRZ 4M'3'Q. IH C O U �p y m U U C a O Y m O L O a a a m a v ®� rn J ®� o o LO i 1 w m x a —�__1L £ ON IJNI 31 1Sb3 Nf O HNOSJNf 7—£bdONOHOLI"0 tS�M� -ZYnoo 31N30 OA183 VONV'JV3 J a (� 3 3f1N3 U K d� Z U Q ��A K C (J 9 P r. MRZ 4M'3'Q. IH SERVICE AND COMMUNITY MESSAGING AGREEMENT This Agreement is dated , 2016 ("Effective Date"), by and between Outfront Media, LLC, a Delaware limited liability company, ("the Company") and the City of Eagan, a Minnesota municipal corporation ("the City"), and together collectively referred to as the "Parties." WHEREAS, the Company desires to have a dynamic display sign within the City pursuant to Eagan City Code Section 11.70, Subd. 28 (K)(4)(B); and WHEREAS, the Company has obtained and complied with all permit requirements for having a dynamic display sign with the City; and WHEREAS, the City desires to use on a space and time available basis no less than five hours (2,250 eight -second spots) per month per enhanced dynamic display sign in the City for community and public service messages pursuant to the terms set forth below. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, the Company and the City intending to be legally bound hereby agree as follows: 1. Allowed Signs. The Company shall be allowed to have within the City the west facing enhanced dynamic display sign(s) located on the south side of I-494, west of Hwy 55, in the Canadian Pacific Railway System right-of-way as identified as Sign 9 on Table A (see Exhibit "A") of Eagan City Code § 11.70 (the "Sign"). The Company shall comply with all permit and zoning requirements not otherwise addressed in this Agreement. 2. Required Announcements. The Company agrees to reserve on a space and time available basis no less than five hours (2,250 eight -second spots) per month per enhanced dynamic display sign in the City for community and public service messages at such tunes as shall be determined by the City. The City shall be solely responsible for the design and development of the message. The City will provide the Company reasonable advance notice for any message it desires to be displayed. The City may delegate to another governmental entity a portion of the time for community and public service announcements, but such delegation shall not make the delegate a beneficiary of this paragraph or otherwise entitle that entity to bring an action to enforce this paragraph. Such enforcement rights shall at all times remain with the City. 3. Timing of Announcements. The Company shall deliver the community and public service messages for the City during the same time periods and in the same manner as its paid advertisers would be displayed. The community and public service messages shall be displayed as eight -second spots delivered throughout a 24-hour period of time. The community and public service messages shall be incorporated into one of the 8 or 9 rotation segments and shall be displayed every 64 or 72 seconds, or at a similar rotation that correlates with a paid advertiser's schedule. The community and public service messages shall be distributed throughout a 24-hour period and shall not be relegated to the midnight to 6:00 a.m. frame as the only time of delivery. The Company shall provide the City with a report of time slots used for community messages on a quarterly basis. 4. Unused Announcement Time. Display time not used by the City in any month will be forfeited, and will not carry into another calendar month. 5. Breach. If the Company fails to provide the community and public service messages as required by this Agreement, the City may, in its discretion, require the Company to limit the rotation of messages displayed on the Sign by requiring a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign, until 2 such time as the Company provides the community and public service messages outlined in this Agreement. 6. Limitation of Liability. Neither Party shall be liable to the other Party for any special, incidental, indirect, punitive or consequential damages, whether foreseeable or not, arising out of, or in connection with the other Party's: (i) failure to perform its respective obligations pursuant to this Agreement; or (ii) breach of its respective representations pursuant to this Agreement, including, but not limited to, loss of profits or revenue (whether arising out of transmission interruptions or problems, any interruption or degradation of service or otherwise), cost of capital, or claims of customers, in each case whether occasioned by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by, the other Party or any other cause whatsoever, including breach of contract, breach of warranty, negligence, or strict liability, all claims with respect to which such special, incidental, indirect, punitive or consequential damages are hereby specifically waived. 7. Force Ma'el ure. Neither Party shall be in default under this Agreement if and to the extent that any failure or delay in such Party's performance of one or more of its obligations hereunder is caused by any of the following conditions, and such Party's performance of such obligation or obligations shall be excused and extended for and during the period of any such delay: act of God; fire; flood; wars, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected. The Party claiming relief under this Article shall notify the other in writing of the existence of the event relied on and the cessation or termination of said event. 8. Alteration in Writing. This Agreement supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to the 3 subject matter of this Agreement. No alteration or variation of this Agreement shall be valid unless made in writing and signed by the Company and the City. 9. Termination. This Agreement shall continue until the Company no longer operates the Sign. The Company shall provide the City with at least ninety days notice prior to such termination of its operation of the Sign. Should the Sign remain in existence following the Company's termination of operations, the rotation of messages displayed on the Sign shall be limited to a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign. 10. Contact Information. The current contact information at the Company is as follows: Contact Name: John Bodger Phone Number: (763) 540-0031 Email Address: John.bodger@outfrontmedia.com The Company shall notify the City if the identity, phone number or email address changes. The Company shall also notify the City as to the preferred file format in which messages are to be submitted. 11. Notice. Any notice required hereunder shall be in writing and shall be addressed as follows: The Company: Outfront Media, LLC 815 Highway 169 North Plymouth, MN 55441 4 The City: City of Eagan David M. Osberg, City Administrator Tom Garrison, Communications Director 3830 Pilot Knob Road Eagan, MN 55122 with a copy to: Robert B. Bauer, City Attorney Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 or to such other address as a Party may indicate in a written notice to the other. All notices and communications given under this Agreement shall be deemed to have been duly given and received: (i) upon personal delivery, or (ii) as of the third business day after mailing by United States mail, postage prepaid, addressed as set forth above, or (iii) the immediately succeeding business day after deposit (for next day delivery) with Federal Express or other similar overnight courier system, or (iv) 24 hours after facsimile transmittal with confirmation of receipt and followed by personal delivery, United States mail, or overnight delivery as specified in this Paragraph. 11. Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota excluding its conflict of law rules. All proceedings related to this Agreement shall be venued in the State of Minnesota. 5 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. THE COMPANY: Outfront Media, a Delaware limited liability company Title: THE CITY: City of Eagan, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Cheryl Stevenson Its: Deputy Clerk Exhibit A West facing sign — located in the Canadian Pacific Railway right-of-way, beyond the NE corner of 1181 Trapp Road Eagan City Code off -premise sign, Table A, No. 9 Lat/Long in Decimal Degrees: 44.86099, -93.15012 USNG: 15T VK 881 675 Agenda Information Memo September 20, 2016, Eagan City Council Meeting CONSENT AGENDA Z. Approve the Second Amendment to the Purchase Agreement with GLG Properties ("Gertens") for the Sale of Outlot I, Gopher Eagan Industrial Park 2nd Addition Action To Be Considered: Approve the Second Amendment to the Purchase Agreement with GLG Properties ("Gertens") for the sale of Outlot I, Gopher Eagan Industrial Park 2nd Addition, extending the closing date to on or before November 15, 2016. Facts: ➢ On May 3, 2016, the City entered into a Purchase Agreement to sell Outlot I to GLG Properties ("Gertens"). ➢ The Purchase agreement is conditional upon the City obtaining title to Outlot I, free of a restriction for its use as a park. ➢ On July 5, 2016, the parties amended the Purchase Agreement to extend the closing date to October 1, 2016. ➢ The City is still undertaking obtaining clear title from the State of Minnesota which requires a further extension of the closing date. Attachments: (1) CZ -1 Second Amendment to Purchase Agreement SECOND AMENDMENT TO PURCHASE AGREEMENT THIS SECOND AMENDMENT TO PURCHASE AGREEMENT ("Second Amendment') is made effective as of September , 2016 by and between the City of Eagan, a Minnesota municipal corporation (the "Seller") and GLG Properties, a general partnership under the laws of the State of Minnesota (the `Buyer"). The Seller and the Buyer are referred to herein collectively as the "Parties." RECITALS: WHEREAS, the Parties entered into that certain Purchase Agreement dated May 3, 2016 (hereinafter the "Agreement'); WHEREAS, the Parties executed that certain Amendment to Purchase Agreement dated July 5, 2015 (the "Amendment") whereby the Parties amended the Closing Date of "on or before July 15, 2016" by amending Paragraph 1.2 of the Agreement to state and read "on or before October 1, 2016;" and WHEREAS, the Parties have agreed to further amend the Closing Date by amending Paragraph 1.2 of the Agreement to state and read "on or before November 15, 2016". NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Paragraph 1.2 is hereby amended to read as follows: The balance of the Purchase price, subject to prorations and adjustments set forth in this Agreement, on or before November 15, 2016 (the "Closing Date") by wire transfer of immediately available funds. Seller and Buyer have executed this Amendment as of the date set forth above. SELLER: BUYER: City of Eagan GLG Properties By: By: Mike Maguire Gino Pitera Its: Mayor Its: General Partner By: Christina M. Scipioni Its: City Clerk Agenda Information Memo September 20, 2016 Eagan City Council Meeting CONSENT AGENDA AA. Approve photo management subscription agreement with MediaValet Action To Be Considered: To approve a Subscription Agreement with MediaValet for a digital photo asset management system for the organization and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ In recent years both the total number and storage capacity needed to store photographs taken by various departments as part of their work has been an issue. ➢ An organization -wide need for a photo management system that can store images in various file sizes and formats, be easily searchable and avoid duplication was identified as a priority. ➢ Funding was included as a part of the approved 2016 Communications budget and the annual subscription costs are continued in the proposed 2017 budget. ➢ Staff viewed live demonstrations and conducted a thorough comparative analysis of functionality, usability, support, and price of eight digital asset management systems. Communications and IT staff further analyzed the top two systems and MediaValet was selected as the best option for the City. ➢ The MediaValet platform will consolidate the City's vast archive of photo assets in a cloud -based tool built on the Microsoft Azure platform that will allow staff across the organization easily searchable, secure access to digital assets. ➢ The City Attorney's office has reviewed and approved the MediaVault agreement which is ready for signature upon approval by the City Council. Attachments: (1) AA -1 Subscription Agreement MEDIAVALETTM SUBSCRIPTION AGREEMENT MASTER ORDER FORM CUSTOMER DETAILS Name: City of Eagan Address: City Hall, 3830 Pilot Knob Road, Eagan, MN 55122 Phone: (651) 675-5066 Fax: US $2,500.00 one time SUBSCRIPTION DETAILS Annual Fee: US $6,000.00 Effective Date: September 21512016 Setup Fee: US $2,500.00 one time Term: Payment Period: 2 Years Annually Storage Maximum: 250 GBs Bandwidth Maximum: 50 GBshnonth First Payment Period: September 21", 2016 to September 20`h, 2017 User Account Maximum: 25 (6 adinins) Support & Training: Unlimited Second Payment Period: September 21", 2017 to September 20`h, 2018 Data Centre(s): 1 CDN: NA THIS MEDIAVALETTM SUBSCRIPTION AGREEMENT (this "Agreement") is dated effective the Effective Date indicated above between MEDIAVALET INC., an Alberta corporation with an address at 990 Homer Street, 5`1'Floor, Vancouver, 13C, V613 2W7 ("MEDIAVALET") and the above-named customer ("CUSTOMER"). WHEREAS MEDIAVALET wishes to grant access to its cloud -based, software -as -a -service, digital asset management product known as MediaValetTM (the "Service") to CUSTOMER, and CUSTOMER wishes to accept such access, on the teens and conditions set out in this Agreement. NOW THEREFORE the parties, for good and valuable consideration, agree to be bound by the following materials, each of which are hereby incorporated by reference and form an integral part of this Agreement: A) this Order Form (the "Order Form"); B) the Terns and Conditions attached as Schedule A; and C) the Setup Order Form attached as Schedule B. This Agreement is executed and effective as of the Effective Date set out above and may be executed in counterparts (including by electronic transmission). Any such counterparts will constitute an original and will be taken together to constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. MEDIAVALET INC. Signature: Name: David MacLaren Title: President & CEO Error! Unknown document property name. CITY OF EAGAN Signature: Signature: Name: Mike Maguire Name: Cheryl Stevenson Title: Mayor Title: Deputy Clerk Error! Unknown document property name. -2 - SCHEDULE A TERMS AND CONDITIONS These Terms and Conditions forms an integral part of, and is made pursuant to, the MEDIAVALETTM SUBSCRIPTION AGREEMENT dated SEPTEMBER 21St, 2016 (the "Agreement") between MEDIAVALET INC. ("MEDIAVALET") and CITY OF EAGAN ("CUSTOMER"). PART 1 DEFINITIONS AND INTERPRETATION 1.1 Definitions. In this Agreement: (a) "Affiliate" of a person means a person that, directly or indirectly, controls, is under common control with or is controlled by the particular person, where "control" means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity; (b) "Agreement" means this MEDIAVALETTM SUBSCRIPTION AGREEMENT, and all other Schedules and Order Forms thereto, as from time to time supplemented or amended by one or more agreements entered into pursuant to the applicable provisions hereof; (c) "Annual Fee" has the meaning set out in the Order Form; (d) "Applicable Law" means all applicable laws, including local, provincial, state, national and foreign laws, treaties and regulations as well as court or governmental agency orders; (e) "Business Day" means Mondays to Fridays, excluding statutory holidays in British Columbia, Canada, the United States, Easter Monday and Boxing Day; (f) "CDN" means Microsoft Corp.'s Content Delivery Network which includes distribution nodes in various locations around the world; (g) "Confidential Information" has the meaning set out in Part 7; (h) "Content" means any trade names, trade -marks, domain names or works of authorship, including without limitation text, posts, messages, audiovisual material, documentation, multimedia elements, photos, videos, music, sounds, images, designs, illustrations, presentations, documents, files, data, templates, listings, logos, marks, tags, code, software, their selection and arrangement, and other information and materials; (i) "CUSTOMER Content" means any Content posted, uploaded, transmitted or otherwise made available by CUSTOMER or its Affiliates using the Service, where such Content belongs to, or was developed, created or otherwise acquired by CUSTOMER (except where acquired from MEDIAVALET, its Affiliates or their respective licensors other than CUSTOMER); 0) "CUSTOMER Portal" means the Portal customized by MEDIAVALET for CUSTOMER as per the Setup Order Form to enable CUSTOMER to Access the CUSTOMER Content. CUSTOMER Portal may be accessed via a unique URL provided by the CUSTOMER or one provide by MEDIAVALET (example: http:Hcityofeagan.mediavalet.com; (k) "Data Centre" means any of Microsoft Corp.'s data centres around the world that run the Platform; (1) "Defect" means any material, reproducible defect or failure of the Service whereby the Service fails or ceases to perform in material conformity with its Documentation, but does not include a failure in the Platform (for which §3.8(d) will apply); (m) "Documentation" means the online documentation or help system for the Service, accessible via the CUSTOMER Portal or Website, as updated from time to time; (n) "Effective Date" means the effective date set out in the Order Form; Error! Unknown document property name. -3- (o) "Enhancement" means fixes, patches, minor enhancements, developments, modifications, updates, additions and improvements made to the Service by MEDIAVALET, and for greater certainty Enhancements do not include Upgrades; (p) "Feedback" means comments, suggestions, ideas and impressions of the Service by parties other than MEDIAVALET or its Affiliates; (q) "Force Majeure Event" means an event or a circumstance beyond the reasonable control of such party which results in such party being unable to observe or perform on time an obligation under this Agreement, including strikes, riots, insurrections, fires, floods, storms, explosions, earthquakes, acts of God, terrorism, war, outage or malfunction of telecommunications services, the internet or the cloud, power failure, Malicious Code, or governmental action, but excluding a lack of credit or an inability to pay as required hereunder; (r) "Intellectual Property Rights" means any and all (i) proprietary rights provided under patent law, copyright law, trade -mark law, design patent or industrial design law, semi -conductor chip, trade secret law or mask work law, or any other applicable statutory provision or otherwise arising at law or in equity anywhere in the world, that may provide a right in Content, works, software, source code, object code, marks, ideas, formulae, algorithms, concepts, methodologies, techniques, inventions, or know-how, or the expression or use thereof, (ii) applications, registrations, licenses, sublicenses, agreements, or any other evidence of a right in any of the foregoing, and (iii) past, present, and future causes of action, rights of recovery, and claims for damage, accounting for profits, royalties, or other relief relating, referring, or pertaining to any of the foregoing; (s) "Malicious Code" means viruses, cancelbots, worms, time bombs, Trojan horses and other harmful, disruptive or other surreptitious or malicious components, code, files, scripts, agents programs; (t) "MediaValetTM API" means an application programming interface made available by MEDIAVALET from time to time in respect of the Service whereby access to the Service and the CUSTOMER Content stored therein is made available through systems other than the Website or the CUSTOMER Portal, as the case may be; (u) "Order Form" means the Order Form on the first page of this Agreement and any subsequent order form for the Service or otherwise entered into in writing by the parties, including the Setup Order Form; (v) "Payment Period" has the meaning set out in §4.1; (w) "Permitted Sublicensee" means an Affiliate or independent contractor of CUSTOMER only for the period of time that such person is, in fact, an Affiliate or independent contractor of CUSTOMER bound by terms and conditions in respect of the Service at least as restrictive as this Agreement; (x) "Platform" means Microsoft Corp.'s Windows Azure platform; (y) "Portal" means the graphical user interface created by MEDIAVALET for CUSTOMERS to access the Service; (z) "Service" has the meaning set out in the Order Form; (aa) "Setup Services" has the meaning set out in the Setup Order Forrn; (bb) "Setup Fee" has the meaning set out on the Order Form; (cc) "Setup Order Form" means the Setup Order Form attached to the Agreement as Schedule B; (dd) "Upgrade" means any update of, or addition to, the Service where MEDIAVALET generally charges a fee to its customers, both new and existing, in order to obtain the Upgrade; (ee) "User" means an individual who is authorized by CUSTOMER to use the Service and who has been supplied a User Account by CUSTOMER (or by MEDIAVALET at CUSTOMER's request); Error! Unknown document property name. -4- (ff) "User Account" means an account with credentials for accessing the Service in respect of a particular named User, such credentials include a login name and password; (gg) "MEDIAVALET Content" means any Content made available by MEDIAVALET or its licensors through the Service except for CUSTOMER Content, and for greater certainty includes any Enhancements or Upgrades to the Services created, developed or acquired by MEDIAVALET or its licensors; and (hh) "Website" means http://www.m.ediavalet.com or other such designated website(s) as may be used by MEDIAVALET to market the Service during the term of this Agreement. 1.2 Interpretation. In this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (a) headings are for convenience only and are not intended to interpret, define or limit the scope, extent or intent of any part of this Agreement, (b) "including", "include" and similar words are not to be construed as limiting the general statement (whether or not used with "without limitation" or "but not limited to" or words of similar import), and "or" does not imply an exclusive relationship between the matters connected, (c) a reference to a statute includes all regulations made thereunder, all amendments to the statute or regulations in force from time to time, and any statute or regulation that supplements or supersedes such statute or regulations, (d) a reference to a person includes an individual, corporation, body corporate, firm, limited liability company, partnership, syndicate, joint venture, society, association, trust or unincorporated organization or governmental authority or trustee, executor, administrator or other legal representative, and includes a reference to any successor of such person, (e) words importing the masculine gender include the feminine or neuter, words in the singular include the plural, words importing a corporate entity include individuals, and vice versa, (f) a reference to "approval", "authorization" or "consent" means written approval, authorization or consent, and (g) a reference to "Part" is to a part of this Agreement and the symbol "§" followed by a number or some combination of numbers and letters refers to the section, paragraph, subparagraph, clause or subclause of this Agreement so designated. PART 2 SERVICE 2.1 License. Subject to all of the terms and conditions of this Agreement, MEDIAVALET agrees to provide the Service to CUSTOMER, and hereby grants to CUSTOMER a non -transferable (subject to §2.2 and § 10.7), non- exclusive, limited right and license to access and use the Service, during the term of this Agreement. 2.2 Sublicense. This Agreement does not confer any CUSTOMER right to sublicense any of the rights, license or Service hereunder except that CUSTOMER may sublicense access to the Service to Permitted Sublicensees on the terms and conditions of this Agreement. For greater clarity, CUSTOMER may provide User accounts to personnel of Permitted Sublicensees in order to facilitate CUSTOMER's business, but in such instance, CUSTOMER will be responsible for the obligations, actions and omissions of each such Permitted Sublicensee and its Users as if such obligations, actions or omissions were CUSTOMER's. 2.3 No Sale. CUSTOMER acknowledges and agrees that nothing in this Agreement constitutes a sale of, or conveys to CUSTOMER, its Pennitted Sublicensees or any of their Users any ownership right, title or interest in or to, the Service or any software owned or licensed by MEDIAVALET, and all Intellectual Property Rights therein. CUSTOMER will not obtain any rights to the Service other than those expressly set out in this Agreement. Error! Unknown document property name. -5- 2.4 Complete Offering. CUSTOMER agrees that its license hereunder is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public continents made by MEDIAVALET regarding future functionality or features of the Service. 2.5 Enhancements. Notwithstanding §2.4, MEDIAVALET may, from time to time, provide Enhancements to the Service, which will form part of the Service being licensed and provided hereunder without further payment by CUSTOMER. 2.6 Upgrades. If, during the term of this Agreement, MEDIAVALET develops or offers Upgrades that are not part of the currently -licensed version of the Service, such Upgrades will not form part of the Services, but may be provided and licensed separately to CUSTOMER for an additional fee. In no event will MEDIAVALET be obligated to provide any Upgrades, nor shall CUSTOMER be obligated to purchase any Upgrades, unless agreed to in writing by the parties. PART USE AND PROVISION OF THE SERVICE 3.1 MEDIAVALET's Responsibilities. MEDIAVALET will, during the tenn of this Agreement, (a) use commercially reasonable efforts to make the Service available, through the CUSTOMER Portal and the MediaValetTM API, 24 hours a day, 7 days a week, except for (i) planned downtime, of which MEDIAVALET will give reasonable notice (not less than three (3) Business Days) via the Service and which MEDIAVALET will schedule, to the extent practicable, during low -usage periods as determined reasonably by MEDIAVALET from time to time or (ii) unavailability caused by a Force Majeure Event, (b) provide support for the Service in a timely, competent and professional manner in accordance with the standards and practices commonly expected of qualified and experienced providers of similar services and in compliance with all Applicable Laws, through the support mechanisms available on the CUSTOMER Portal or Website, (c) in connection with §3.1(b), use commercially reasonable efforts to resolve Defects in a timely, efficient and competent fashion, and (d) provide maintenance of the Service as required to maintain the substantial performance, integrity and functionality of the Service, together with Enhancements as and when same are developed by MEDIAVALET. 3.2 Access. The Service may be accessed directly through the CUSTOMER Portal or indirectly using the MediaValetTM API. Notwithstanding the foregoing, CUSTOMER acknowledges and agrees that the MediaValetTM API is provided for convenience only and any access to the Service through the MediaValetTM API is provided "as is" and "as available" and without any warranty whatsoever, and that the MediaValetTM API or any part thereof may be modified or removed from time to time with or without prior notice by MEDIAVALET. 3.3 Things CUSTOMER Must Do. CUSTOMER will (a) unless otherwise set out on the Order Form, only use the Service as a final Content archive, (b) be responsible for its and its Permitted Sublicensees' (and their respective Users') full compliance with this Agreement, (c) be responsible for the accuracy, quality, integrity and legality of CUSTOMER Content and of the means by which CUSTOMER acquires CUSTOMER Content, (d) use commercially reasonable efforts to prevent unauthorized access to or use of the Service, and notify MEDIAVALET promptly of any threatened or actual unauthorized access or use, (e) use the Service only in accordance with Applicable Laws, including all privacy laws and laws regarding the infringement of Intellectual Property Rights, and Error! Unknown document property name. I Me (f) in order to assist MEDIAVALET in efficiently and timely performing its support obligations hereunder, provide its assistance from time to time with respect to support issues as MEDIAVALET reasonably requests. 3.4 Things CUSTOMER Must Not Do. At all times, CUSTOMER will not, and will not permit, any Permitted Sublicensee, User or other person to, directly or indirectly, (a) access the Service except through (i) the CUSTOMER Portal, or (ii) the MediaValetTM API, subject to any restrictions with respect to the MediaValetTM API disclosed in writing from time to time by MEDIAVALET to CUSTOMER, (b) use the Service as a content management system to serve Content directly to CUSTOMERs or the public via any public or private -facing websites, (c) except as expressly permitted hereby, make the Service available to anyone, or permit anyone to access the Services, other than CUSTOMER or its Permitted Sublicensees and their respective Users, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Service in any way, (d) use the Service in any manner (i) that contravenes, facilitates the violation of, or violates any Intellectual Property rights of any person, (ii) that contravenes, facilitates the violation of, or violates any Applicable Law, or (iii) that extracts, gathers, collects, or stores or uses personal information in violation of Applicable Laws with respect to privacy of personal information, (e) alter, modify, reverse engineer, decompile, or disassemble, translate or otherwise attempt to extract the source code from the Service or any part thereof, (f) create derivative works of the Service, or access the Service in order to (i) build a competitive product or service, or (ii) copy any features, functions or Content (except for CUSTOMER Content) in connection with the Service, (g) disable or circumvent any access control or related process or procedure established with respect to the Service, or attempt to gain unauthorized access to the Service, (h) except as expressly permitted, remove any copyright or other proprietary notices on or in the Service or any part thereof, (i) introduce into the Service, or reproduce, distribute or otherwise transmit, (i) any Malicious Code, or (ii) defamatory, infringing, indecent or unlawful Content, or any other software, materials or information, (j) impersonate or falsely represent association with any person, including MEDIAVALET representatives, without the prior express, written permission of such person, or (k) act or fail to act in a manner that breaches the end -User Terms and Conditions available on the Website or through the CUSTOMER Portal. 3.5 Non -Compliance. CUSTOMER agrees that MEDIAVALET may, without notice or liability, but always subject to Applicable Law (a) disclose to any vendor, partner, or professional service provider to MediaValet, as required, any information or materials associated with CUSTOMER or a User Account, (b) monitor use of the Service, or (c) monitor, review and retain such CUSTOMER Content, material or information, if MEDIAVALET believes in good faith that such activity is reasonably necessary to provide the Service to its CUSTOMERs, ensure adherence to or enforce the terns of this Agreement, comply with any laws or regulations, Error! Unknown document property name. -7 - respond to any allegation of illegal conduct or claimed violation of third party rights, or protect MEDIAVALET or others. If MEDIAVALET receives a complaint relating to use of the Service by CUSTOMER or its Permitted Sublicensees or their respective Users, or through any of CUSTOMER's User Accounts, CUSTOMER acknowledges and agrees that MEDIAVALET may, in its sole and absolute discretion and without notice or liability (d) investigate the complaint (e) restrict, suspend or terminate any User Accounts or Service involved, or (f) remove any CUSTOMER Content, information or materials from the Service or from MEDIAVALET's possession or control. Nothing in the foregoing imparts upon MEDIAVALET any obligation to actually monitor, review, or remove any CUSTOMER Content or information. 3.6 Users. CUSTOMER acknowledges and agrees that access to the Service is User -based, and that User Accounts are to be assigned to designated, named individuals only, and that User Accounts may not be shared or used by more than one User. During the term of this Agreement, CUSTOMER may re -assign User Accounts to new Users (provided that such re -assignment is not made for the purpose of permitting more than one User to share a User Account), but in any event may not exceed the number of User Accounts set out on the Order Forrn. Additional User Accounts above the maximum set out in this Agreement may be added upon request to MEDIAVALET and at MEDIAVALET's sole discretion. MEDIAVALET reserves the right to charge additional fees for such additional User Accounts at then -current pricing. CUSTOMER will be responsible by any of its Users' use of the Service as if such acts and omissions were its own. CUSTOMER acknowledges and agrees that all use of the Service by its and its Permitted Sublicensees' Users is subject to the Terms and Conditions available at the Website or through the CUSTOMER Portal, but that, in any event, if there is any necessary conflict or inconsistency between this Agreement or any part of it and such Terms and Conditions or any part of there, this Agreement shall prevail. 3.7 Account Use. Each User's access to the Service requires a valid User Account, and (a) CUSTOMER is fully responsible for User Accounts assigned to CUSTOMER's Users and each person for whom CUSTOMER gives a User Account, including the creation of User Account credentials by CUSTOMER, the maintenance, confidentiality and security of all passwords related to User Accounts, and any and all activities that occur under CUSTOMER's User Accounts (whether with or without CUSTOMER's or such User's permission), (b) CUSTOMER will notify MEDIAVALET as soon as practicable after CUSTOMER obtains or receives knowledge of (i) any unauthorized use of User Accounts or any password related to User Accounts, or (ii) any other breach of security with respect to CUSTOMER's User Accounts, and (c) CUSTOMER will provide true, current, accurate and complete information as prompted by the User Account -creation process or as otherwise requested by MEDIAVALET from time to time and to promptly update such information when any changes occur so as to keep such information held by MEDIAVALET is true, current, complete and accurate. 3.8 Usage Limitations. The following provisions apply with respect to the Service: (a) Specific Limits. CUSTOMER will not exceed any limits set out on the Order Form, including the maximum amount of storage, bandwidth and User Accounts. (b) General Practices and Limits. CUSTOMER acknowledges that MEDIAVALET may establish from time to time, by giving CUSTOMER reasonable notice as may be practicable in the circumstances, general practices and limits concerning the use of the Service, including: the maximum size of any data that will be stored on the Service; the maximum amount of data, speed of data or type of data that may be sent from or received using the Service; and the number of calls Users are permitted to make against the Services or the MediaValetTM APL MEDIAVALET will notify CUSTOMER of changes to such general practices and limits by written notice or e-mail, and will post same on the Website. CUSTOMER agrees that CUSTOMER (including all of its Users) may not exceed such limits, and that it is CUSTOMER's responsibility to enforce such limits. Error! Unknown document property name. (c) Internet -based Service. The Service depends on the Internet, including networks, cabling, equipment and facilities that are not in MEDIAVALET's control; accordingly, while MEDIAVALET will use commercially reasonable efforts to protect CUSTOMER Content and the operation of the Service, CUSTOMER acknowledges and agrees that, except as otherwise set out in this Agreement, (i) any representation made by MEDIAVALET regarding access performance, speeds, reliability, availability, use or consistency of the Service are on a "commercially reasonable efforts" basis, (ii) MEDIAVALET cannot guarantee any minimum level regarding actual CUSTOMER performance, speed, reliability, availability, use or consistency based on factors depending on the Internet, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and CUSTOMER (or its Users') anonymity is not guaranteed. (d) Platform Dependency. CUSTOMER acknowledges that the Service depends on the Platform and that (i) notwithstanding anything else in this Agreement, MEDIAVALET will use commercially reasonable efforts to enforce, and pass through to CUSTOMER the benefit of, the terms of its service level agreements regarding same, as made available from time to time (currently, as described on the website located at http://www.microsoft.conl/�,vindowsazure/sla/), and (ii) MEDIAVALET will arrange for the Platform to utilize the Data Centres (and, if so indicated, the CDN) as specified in the Order Form in order to facilitate access to and performance of the Service through the Platform, but MEDIAVALET shall have no obligation to procure Data Centres or the CDN except as so indicated. PART 4 FEES AND PAYMENT 4.1 Fees. In consideration of CUSTOMER's access and use of the Services, CUSTOMER will pay the fees specified in the Order Form and Setup Order Form. Such fees will be invoiced and become payable as follows: (a) the Order Form sets out the "Payment Period" for the Annual Fee; (b) the Setup Fee and first half of the Annual Fee will be invoiced by MEDIAVALET immediately upon the execution of the Agreement and be paid by CUSTOMER within fifteen (15) days of invoice date. The Setup Fees cover the Setup Services; (c) the second half of the Annual fee will be invoiced by MEDIAVALET immediately upon the execution of the Agreement and be paid by CUSTOMER within one hundred and eighty five (185) days of invoice date. (d) the Annual Fees for each subsequent Payment Period will be invoiced on or before the first day of the Payment Period; (e) payment will be by wire or, if not feasible, by cheque, money order, bank draft or other form of payment reasonably acceptable by MEDIAVALET; (f) all subsequent payments payments are due thirty (30) days from invoice, or immediately upon termination of this Agreement, whichever is earlier; and (g) all payments or pre -payments of Fees are non-refundable. (h) at CUSTOMER'S request, MEDIAVALET will invoice CUSTOMER the Fees (herein stated in US dollars) in the equivalent amount in CDN dollars. MEDIAVALET will use the then current exchange rate. Error! Unknown document property name. -9- 4.2 Overage Fees. CUSTOMER acknowledges and agrees that the fees set out on the Order Form are based on a maximum amount of storage, bandwidth and number of User Accounts as set out on the Order Form. If and to the extent that CUSTOMER exceeds such maximums, CUSTOMER acknowledges and agrees that MEDIAVALET may, pursuant to §3.8, enforce such limits (without limiting any other rights or remedies) by invoicing to CUSTOMER for usage -based fees at its then -current, reasonable rates in respect of such overages. At any time, CUSTOMER may request an increase in the maximums set out in the Order Forn, upon which MEDIAVALET will quote CUSTOMER for same at its then -current rates, which pricing will apply for such period as set out in such quotation or, if no such period is specified, for the then -current term of this Agreement. 4.3 Overdue Charges. Without restricting MEDIAVALET's option to terminate in accordance with the terns of this Agreement, if any fees are not received from CUSTOMER by the due dates set out in this Agreement, then such charges will accrue late interest at the rate of 1.5% of the outstanding balance per month (19.56% per annum), or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. 4.4 Suspension of Service and Acceleration. If any amount owing by CUSTOMER under this Agreement is thirty (30) or more days overdue, MEDIAVALET may, without limiting its other rights and remedies, upon notice and at its sole discretion, (a) suspend or restrict its offering of the Service to CUSTOMER until any outstanding amounts are paid in full, or (b) accelerate CUSTOMER's unpaid fee obligations under this Agreement so that all such obligations become immediately due and payable. 4.5 Good Faith Disputes. MEDIAVALET will not exercise its rights under §4.3 or §4.4 if the applicable charges are under reasonable and good -faith dispute and CUSTOMER is cooperating diligently to resolve the dispute. 4.6 Taxes. All fees are exclusive of applicable federal, provincial, state or local, value added, sales, use, excise and similar tax or duty (collectively, "Applicable Taxes"). If MEDIAVALET is required to pay or collect any Applicable Taxes on any fees charged under this Agreement, excluding taxes levied on MEDIAVALET's net income, then such Applicable Taxes shall be billed to and paid by CUSTOMER as part of the invoicing process set out above. 4.7 Failure to Invoice. Any inadvertent failure of MEDIAVALET to provide CUSTOMER with an invoice pursuant to this Agreement does not affect CUSTOMER's responsibility to pay any incurred charges. PART 5 TERM AND TERMINATION 5.1 Term. Subject to the provisions of this Part, this Agreement will commence on the Effective Date and will continue for the tern set out in the Order Form. 5.2 Renewals. The tern of this Agreement hereof will automatically renew for successive periods equal to the expiring term unless either party notifies the other in writing not less than thirty (30) days prior to the expiration of the current term of its intention not to renew. Either party may choose not to renew this Agreement without cause for any reason. In respect of any renewal tern, the fees shall be the same as that during the prior tern unless MEDIAVALET has given CUSTOMER written notice of a pricing increase at least sixty (60) days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter. 5.3 Early Termination. Both the initial term and any renewal term are subject to earlier termination as otherwise provided herein. This Agreement may be terminated as follows: (a) without cause, by the parties upon mutual written agreement; or (b) with cause ("Cause") by one party immediately upon notice to the other party if (i) such other party has materially breached this Agreement and the terminating party has given at least thirty (30) days' notice of such breach (such notice to specify the reasonable particulars thereof) during which notice period the other party has not remedied its breach, (ii) there occurs any actual or proposed change in control of such other party that results or would result in a direct competitor of the terininating party directly or indirectly owning or controlling the other party without the prior, written consent of the terminating party, or Error! Unknown document property name. -10 - (iii) the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, where same is not being actively contested by the other party. 5.4 Return of CUSTOMER Content. Provided that there are no fees outstanding and unpaid, , MEDIAVALET will make available to CUSTOMER for download the CUSTOMER Content, in their native file formats, for the term of this Agreement and for a period of twenty (20) Business Days after effective termination or expiry of this Agreement. After such period, MEDIAVALET shall have no obligation to maintain or provide access to any CUSTOMER Content and may thereafter, unless legally prohibited, delete all or part of CUSTOMER Content in its possession or control without further notice to CUSTOMER. 5.5 Outstanding Obligations. If this Agreement is terminated or expires for any reason: (a) If ternlinated by CUSTOMER for Cause, MEDIAVALET will refund any fees paid on a pro -rata basis in respect of any remaining term of the Agreement for which CUSTOMER has paid, (b) MEDIAVALET will render a final invoice and CUSTOMER will pay all outstanding Fees to MEDIAVALET in accordance with Part 4, (c) CUSTOMER will stop using the Service for any purpose, and (d) all provisions of this Agreement that, by their nature, are intended to survive the purported or actual termination or expiry of this Agreement will so survive. PART 6 PROPRIETARY RIGHTS 6.1 Reservation of Rights. All right, title and interest (including all Intellectual Property Rights) in and to the Service is and will at all times be fully vested in MEDIAVALET except as otherwise expressly set out in this Agreement. 6.2 Feedback. From time to time during the tenn of this Agreement, CUSTOMER, its Permitted Sublicensees and their respective Users may provide MEDIAVALET with Feedback. CUSTOMER acknowledges and agrees, on behalf of itself and its Permitted Sublicensees and their respective Users, that (a) by disclosing such Feedback to MEDIAVALET, the discloser will be deemed to have granted to MEDIAVALET a royalty -free, worldwide, transferable, sub -licensable, non-exclusive, irrevocable and perpetual license to use, modify, adapt, improve or incorporate such Feedback into the Service, and (b) the opportunity to use the Service is good and sufficient consideration for any contributions, through the Feedback or otherwise, to the design, improvement, or functionality of the Service and the transfer to MEDIAVALET thereof. 6.3 CUSTOMER Content. MEDIAVALET does not claim ownership of, and except as expressly set out in this Agreement assumes no responsibility with respect to, any information, materials, data entered or inputted into the Services by or on behalf of CUSTOMER, its Permitted Sublicensees and their respective Users (collectively, "CUSTOMER Content'). All right, title and interest (including Intellectual Property Rights) in and to CUSTOMER Content, will at all times be fully vested in CUSTOMER, except as follows: (a) Rights and License to CUSTOMER Content—by transmitting, storing, displaying, processing or otherwise using CUSTOMER Content in any way with respect to the Service, CUSTOMER will be deemed to have (i) represented and warranted to MEDIAVALET that CUSTOMER has all rights, titles and interests (including all Intellectual Property Rights) in and to such CUSTOMER Content for its use with the Service and for the license granted to MEDIAVALET below, (ii) and solely granted to MEDIAVALET a royalty -free, worldwide, transferable, sub - licensable, irrevocable license during the term of this Agreement to use, copy, distribute, transmit, display, edit, delete, modify, publish and translate CUSTOMER Content to the extent reasonably required for (A) the proper transmission, storage, display or other usage or performance thereof in Error! Unknown document property name. -11 - connection with the Service and (B) the performance of MEDIAVALET's obligations under this Agreement, and (b) Statistical Analysis—MEDIAVALET reserves the right to perform statistical analysis of access to and use of the Service and CUSTOMER Content, including network traffic and access requests, for the purposes of measuring the effectiveness of the Service, optimizing performance, and ensuring compliance with this Agreement. 6.4 Privacy. MEDIAVALET acknowledges and agrees that CUSTOMER Content may contain sensitive information of CUSTOMER, its Permitted Sublicensees and their respective Users, and, in connection therewith, MEDIAVALET will use industry -standard management practices, technologies and security to protect the integrity, safety and security of any CUSTOMER Content of which it becomes possessed during this Agreement. However, CUSTOMER acknowledges and agrees that CUSTOMER's use of the Service may utilize, in whole or in part, the public Internet and third party networks to transmit communications, which transmissions may be intercepted by other parties or stored, cached, routed, transmitted or received in any jurisdiction. Furthermore, CUSTOMER acknowledges and agrees that CUSTOMER Content will be stored with an external, third -party hosting provider as set out in §3.8. PART 7 CONFIDENTIALITY 7.1 Confidential Information. Notwithstanding anything else in this Agreement, neither party will, without the prior written approval of the other party, disclose or use for any purpose other than performance of its obligations under this Agreement any information, documents, know-how, trade secrets of the other party, including the teens of this Agreement and such other information that is not in the public domain that may come to its knowledge or possession by reason of exchange of information under this Agreement or entering into this Agreement. Notwithstanding, MEDIAVALET acknowledges that CUSTOMER, as a public entity, is subject to the Minnesota Data Practices Act under Minn. Stat. Chapter 13. 7.2 Obligation to Protect. Each party will protect the other's Confidential Information using the same standard of care that it would use to protect its own, similar information, but in any case no less than a reasonable standard of care. Each party may only use the other's Confidential Information as necessary to perforin under the terns of this Agreement or as may otherwise be authorized in writing by the disclosing party. 7.3 Title. All right, title and interest (including all Intellectual Property Rights) in and to each party's Confidential Information will be and remain vested in such party subject to the express licenses granted herein. 7.4 Permitted Disclosures. Each party will not disclose Confidential. Information of the other party to any employee, agent, sub -contractor or other person except on a strictly "need -to -know" basis, and where such person is bound by confidentiality undertakings in respect thereof at least as stringent as those contained herein. Notwithstanding such disclosures, each party will be fully responsible for any breaches of confidentiality caused by such persons to whom the Confidential Information is disclosed as if such breach were committed by such party. Notwithstanding any other provision in this Agreement, either party may disclose the terms of this Agreement (other than Confidential Information of a technical nature) to its Affiliates, solicitors, auditors, insurers or accountants as required. 7.5 Exceptions. Neither party will have an obligation of confidentiality under Part 7 with respect to Confidential Information where such party can establish, through documentary evidence, that such information (a) was previously known to it free of any obligation to keep it confidential, (b) is or becomes publicly available other than by unauthorized disclosure, (c) is legally disclosed by third parties without restrictions of confidentiality, or (d) has been independently developed by it without reference to the other party's Confidential Information. 7.6 Governmental Disclosures. Notwithstanding anything else in this Agreement, if a party is required to disclose any Confidential Information to a government body or court of law or as otherwise required by law, it may do so provided that it (a) gives the other party sufficient advance notice as reasonable in the circumstances subject to Applicable Law to enable the owner of such Confidential Information the opportunity to contest the disclosure or obtain a protective order and (b) assists the owner of such Confidential Information in contesting or protecting same. 7.7 Return of Information. Except as set out in §5.4 (which fully governs the return of any CUSTOMER Content that may contain Confidential Information), upon termination of this Agreement or upon the written Error! Unknown document property name -12 - instruction of the party owning Confidential Information, the other party will return or destroy the requesting party's Confidential Information, provided that a party will be deemed to have destroyed electronic Confidential Information when it executes an application - or operating system - level, commercially reasonable delete function on it. PART 8 REPRESENTATIONS AND WARRANTIES 8.1 MEDIAVALET Representations and Warranties. MEDIAVALET covenants, represents and warrants to CUSTOMER as follows: (a) during the tern of this Agreement, the Services will perform materially in accordance with the applicable Documentation, and its functionality, availability and responsiveness will not be materially decreased therefrom, and (b) as of the Effective Date, there are no demands, suits, claims, actions or proceedings pending or, to the best of MEDIAVALET's knowledge, threatened against MEDIAVALET or any of its Affiliates which allege the infringement or misappropriation of any third party Intellectual Property Rights based on the Service, any MEDIAVALET Content or any Upgrades or Enhancements thereto. 8.2 Exclusive Remedies. CUSTOMER's exclusive remedy for a breach of §8.1(a) is set out in Part 5. CUSTOMER's exclusive remedy for a breach of §8.1(b) is set out in Part 5 and Part 9. 8.3 Mutual Representations and Warranties. Each party covenants, represents and warrants that (a) it has the legal power to enter into this Agreement, and (b) the performance of each party's respective obligations under this Agreement will not violate Applicable Laws or cause a breach of any agreement between either party hereunder and any third party. 8.4 NO OTHER WARRANTIES; DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, MEDIAVALET DOES NOT REPRESENT OR WARRANT THAT ALL DEFECTS WILL BE CORRECTED OR THAT THE SERVICE WILL RUN ERROR FREE OR UNINTERRUPTED, AND THE SERVICES ARE PROVIDED ON AN "AS -IS" AND "AS -AVAILABLE" BASIS. THE CONDITIONS, REPRESENTATIONS AND WARRANTIES EXPRESSLY SET OUT HEREIN ARE IN LIEU OF, AND MEDIAVALET EXPRESSLY DISCLAIMS, ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS, WARRANTIES OR REPRESENTATIONS IN RESPECT OF QUALITY, CONDUCT, PERFORMANCE, RELIABILITY, AVAILABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, CUSTOMER ACKNOWLEDGES AND AGREES THAT, AS CUSTOMER CONTROLS USER ACCOUNTS, MEDIAVALET SHALL HAVE NO RESPONSIBILITY FOR ANY ACCESS OR USE OF CUSTOMER CONTENT EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT. PART EXCLUSION AND LIABILITY 9.1 EXCLUSION AND LIMIT OF LIABILITY. (a) NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL CLAIMS OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) LOSS OF PRODUCTION, LOSS OF OR CORRUPTION TO DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF BUSINESS, LOSS OF MANAGEMENT OR OPERATION TIME AND LOSS OF GOODWILL OR ANTICIPATED SAVINGS, EVEN IF THE PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY THEREOF OR COULD HAVE FORESEEN SUCH CLAIMS, AND Error! Unknown document property name. -13- (b) EACH PARTY'S AGGREGATE LIABILITY FOR DIRECT DAMAGES IN RESPECT OF THIS AGREEMENT WILL BE LIMITED TO (1) THE FEES PAID OR PAYABLE TO MEDIAVALET BY CUSTOMER DURING THE SIX-MONTH PERIOD PRECEDING THE CIRCUMSTANCES IN WHICH SUCH LIABILITY ARISES OR (2) $100, WHICHEVER OF (1) AND (2) IS GREATER. (c) CUSTOMER, and not MEDIAVALET, is responsible for all CUSTOMER Content. MEDIAVALET and its Affiliates, and their respective officers, employees and agents disclaim any and all liability incurred by any person arising out of a claim by a third party (including Users) that any CUSTOMER Content infringes the Intellectual Property Rights of a third party or otherwise breaches any Applicable Law. 9.2 Exceptions. The limits and exclusions under §9.1(a) and (b) will not apply in relation to (a) CUSTOMER's breach of §6.3(a)(i), (b) a breach of Part 7, or (c) gross negligence or wilfid misconduct. PART 10 GENERAL 10.1 Internal Escalation of Disputes. If any dispute arises under this Agreement (a "Dispute"), then (a) the party initiating the Dispute process will notify the other party as soon as reasonably practicable in the circumstances, and such notification will set out in writing a reasonably -detailed description of the Dispute and a concise statement of the facts supporting it, (b) the other party will notify the initiating party as soon as reasonably practicable _ in the circumstances, but in no event later than three Business Days from receiving the initiating party's notification, such notification to set out in writing its reasonably -detailed response to the Dispute, its position in respect of the Dispute and concise statement of the facts supporting it, (c) each party will designate a person with sufficient authority to resolve the Dispute for the purposes of negotiating and resolving the Dispute, and (d) such designates will attempt to resolve the Dispute through good -faith, responsive, timely and active negotiations. 10.2 Force Majeure, Neither party will be liable for any delay or failure to perform its obligations pursuant to this Agreement if such delay is due to a Force Majeure Event, provided that the affected party will notify the other party as soon as practicable in the circumstances and resumes performance of its obligations upon the abatement or ceasing of the Force Majeure Event. Without restricting the generality of the foregoing, MEDIAVALET will utilize industry -standard technologies and practices to promote and enhance the availability of the Service during Force Majeure Events. CUSTOMER may reasonably, from time to time, request that MEDIAVALET describe such efforts, including business continuity plans, backup facilities and other similar materials, and MEDIAVALET will comply as soon as practicable in the circumstances (subject to the obligations hereunder in respect of Confidential Information) 10.3 Use of Name. Each party, on behalf of itself and its Affiliates, without prior written consent, grants the other party permission to use its and its Affiliate's names, with an accurate reference in relationship to the use of the Service, in the other party's marketing materials and website, with a link to its or its Affiliate's websites, as appropriate. 10.4 Applicable Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota and the laws of the United States applicable therein, without reference to conflict of laws principles. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods, or any adopting legislation with respect thereto, with respect to this Agreement. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. Subject to §10.9, each party hereby irrevocably attorns to the non-exclusive Error! Unknown document property name. -14 - jurisdiction of the U.S. District Court in the state of Minnesota, USA with respect to the resolution of any disputes hereunder. 10.5 Further Acts. Each party will execute and deliver such further and other agreements, documents and instruments and take such further acts as are reasonably necessary or desirable to carry out the intent of this Agreement. 10.6 Waivers. No right under this Agreement will be deemed to be waived except by notice in writing signed by each party, which waiver will not prejudice its rights in respect of any subsequent breach of this Agreement by the other party. Any failure by a party to enforce any clause of this Agreement or right contained in it, or any forbearance, delay or indulgence granted by a party to the other party, will not be construed as a waiver of the first - mentioned party's rights under this Agreement. 10.7 Assignment. This Agreement may not be assigned by either party without the prior written approval of the other party, but may be assigned without a party's consent by a party to (i) an Affiliate of such party, (ii) an acquirer of all or substantially all of such party's assets, or (iii) such party's successor by merger, amalgamation, wind-up or other similar corporate reorganization, in each case of (i), (ii) or (iii) that does not result in a direct competitor of the other party's business being the proposed assignee, transfer or recipient of this Agreement. Any purported assignment in violation of this provision will be void. 10.8 Enurement. This Agreement will enure to the benefit of and be binding upon the parties and their successors, trustees, permitted assigns and receivers. 10.9 Injunctive Relief. Each party acknowledges and agrees that a breach by it of the provisions of this Agreement relating to Intellectual Property Rights or Confidential Infornation may result in immediate and irreparable harm to the other party for which compensation would be an inadequate remedy. Accordingly, each party acknowledges and agrees that the other party may seek, as a matter of right and without the necessity of establishing the inadequacy of monetary damages, injunctive or other equitable relief to prevent or remedy such conduct from any court of appropriate jurisdiction. 10.10 Notices. All notices hereunder will be in writing and will be delivered to the other party by mail, personal delivery or fax transmission to the address and/or fax number set out below (or such other address or fax number as one party may notify the other for service hereunder). NOTICES TO MEDIAVALET: 990 Homer Street, 5°i Floor Vancouver, BC, Canada V613 2W7 Fax: (604) 605-0051 Attention: CEO NOTICES TO CUSTOMER: Will be sent to the address or fax number of the CUSTOMER as set out on the Order Forin and will be made to the attention of the CUSTOMER's signatory as set out on the signature blocks on the Order Form. 10.11 Entire Agreement. This Agreement constitutes the entire Agreement, including its Order Forms and Schedules, between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing. In connection therewith, (a) neither party has relied upon any representations or warranties that are not made in this Agreement, and (b) to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any Schedule hereto or the Order Form, the terms of the applicable Schedule or the Order Form will prevail (provided that the Order Form will not include the terms and conditions of any purchase order to which the Order Form is attached). This Agreement may not be amended except by written instrument signed by both parties. 10.12 Independent Legal Advice. Each party agrees that it has read and understands this Agreement and the obligations imposed in it, and that it has been provided with a reasonable chance to seek independent legal advice with respect thereto. 10.13 English Language. The parties have requested and agree that this Agreement and all documents relating thereto be drawn up in English. Error! Unknown document property name. -15- 10.14 Severability. If any term or provision of this Agreement will be found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same will not affect the other terms or provisions hereof or the whole of this Agreement, but such ternns or provisions will be deemed modified to the extent necessary in the court's opinion to render such teens or provisions enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest pennissible extent the intent and agreements of the parties herein set forth. 10.15 Export Control. The Service uses software and technology that may be subject to export controls under Applicable Laws. CUSTOMER acknowledges and agrees that the Service shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported except in accordance with all Applicable Laws. 10.16 Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. The parties intend their relationship to be that of independent contractors and licensor -licensee. 10.17 No Third -Party Beneficiaries. There are no third -party beneficiaries to this Agreement. IN WITNESS WHEREOF, the parties have executed this Schedule A, which forms part of the Agreement, as of the Effective Date. MEDIAVALET INC. Signature: Name: David MacLaren Title: President & CEO CITY OF EAGAN Signature: Signature: Name: Mike Maguire Name: Cheryl Stevenson Title: Mayor Title: Deputy Clerk Error! Unknown document property name. SCHEDULE B SETUP ORDER FORM This Setup Order Form forms an integral part of, and is made pursuant to, the MEDIAVALETTM SUBSCRIPTION AGREEMENT dated SEPTEMBER 215f, 2016 (the "Agreement") between MEDIAVALET INC. ("MEDIAVALET") and CITY OF EAGAN ("CUSTOMER"). I. Setup Services. In consideration for the Setup Fee, MEDIAVALET will provide the following services (as checked, each a "Deliverable", collectively the "Setup Services") in accordance with reasonable specifications (including any specifications as agreed to in writing between the parties): CUSTOMER Portal ❑ Create URL for CUSTOMER Portal (Example: http://cit,ofeagan:mediavalet.com) Q Set up custom URL for CUSTOMER Portal using unique URL provided by CUSTOMER (Example: http://medialibrary.cityofeagan.com) Q Customize login screen R1 Customize colour pallet (background and active state/active colour) of CUSTOMER Portal R1 Add CUSTOMER logo to top left-hand side of CUSTOMER Portal 0 Set up master administration accounts Q Set up general administration accounts CUSTOMER Content Q Work with CUSTOMER to source all CUSTOMER Content Q Work with CUSTOMER to devise taxonomy for CUSTOMER Content Q Upload CUSTOMER Content to CUSTOMER Portal from storage device (sent by CUSTOMER) or FTP site Q Sort CUSTOMER Content in CUSTOMER Portal according to taxonomy Q Setup basic content management rules using MediaValet rules engine Support and Training ❑ Limited email and phone support to Administrators Q Unlimited email, phone and WebEx support to Administrators plus two (2) WebEx training sessions ❑ Unlimited email, phone and WebEx support phis training to Administrators and partners (additional US$5,000.00 per year) UPGRADES ❑ Storage or Bandwidth (in addition to amount subscribed to in Order Form) ❑ Plus 1 TB US$6,000.00 per year ❑ Plus 2 TBs US$12,000.00 per year ❑ Plus 3 TBs US$18,000.00 per year ❑ Plus 4 TBs US$24,000.00 per year ❑ Mobile/Touch Application (setup fee US$2,500.00, annual fee US$2,500.00) ❑ Make available and provide ongoing maintenance and support for: ❑ MediaValet's iOS Mobile/Touch Application ❑ MediaValet's Android Mobile/Touch Application ❑ MediaValet's Windows Mobile/Touch Application ❑ Azure Active Directory (setup fee US$2,500.00, annual fee US$2,500.00) • Integration, setup and ongoing maintenance and support of Azure Active Directory • Unlimited email, phone and WebEx support for Azure Active Directory Integration ❑ Office365 Integration (call for ouote) • Microsoft Outlook • Microsoft PowerPoint • Microsoft Word • Microsoft Excel 2. Delivery and Acceptance. MEDIAVALET will notify CUSTOMER as each Deliverable is completed and made available through the CUSTOMER Portal. CUSTOMER will be deemed to have accepted such Deliverables as meeting the above specifications unless notice is given to MEDIAVALET within five (5) business days of such availability detailing deficiencies preventing acceptance. Error! Unknown document property name. IN WITNESS WHEREOF, the parties have executed this Schedule B, which forms part of the Agreement, as of the Effective Date. MEDIAVALET INC. Signature: Name: David MacLaren Title: President & CEO CITY OF EAGAN Signature: Signature: Name: Mike Maguire Name: Cheryl Stevenson Title: Mayor Title: Deputy Clerk Error! Unknown document property name. Agenda Information Memo September 20, 2016, Eagan City Council Meeting A. Variance — Oak Ridge Elementary School Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a 9 foot Variance to the minimum 50 foot structure setback in a Public Facilities Zoning District for Oak Ridge Elementary School located at 4350 Johnny Cake Ridge Road. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ ISD#196 is proposing to add a 6,900 square foot two-story addition to the existing 51,000 square foot Oak Ridge Elementary School located at Johnny Cake Ridge Road and Clemson Drive. ➢ A portion of the new addition would encroach 9' into the minimum 50' structure setback from the common lot line with Downing Park. ➢ The addition will provide space for three classrooms and a shared space. ➢ The proposed location appears to be the most suitable area within the enclosed site to place the new addition; however, it encroaches approximately 5' into the existing drainage and utility easement and within close proximity to the public water main. Vacation of the easement and relocation of the water main will be necessary. ➢ It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. Attachments: (4) PHA -1 Location Map PHA -2 Planning Report PHA -3 Report Exhibits PHA -4 Public Corresondence PLANNING REPORT CITY OF EAGAN REPORT DATE: August 27, 2016 APPLICANT: Wold Architects PROPERTY OWNER: ISD #196, 2016 REQUEST: Variance LOCATION: 4350 Johnny Cake Ridge Rd COMPREHENSIVE PLAN: QP, Quasi- Public ZONING: PF, Public Facility SUMMARY OF REQUEST CASE: 28 -VA -08-07-16 HEARING DATE: September 20, 2016 APPLICATION DATE: July 19, 2016 PREPARED BY: Amy Patnode The applicant is requesting approval of a 9 ft. Variance to the required 50 foot building setback to accommodate a building expansion for the property platted as Lot 1, Block 1, Wilmus Addition, located on 4350 Johnny Cake Ridge Rd. 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. 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, Subdivision 20 requires a minimum setback of two feet for each one foot in height of a structure: a minimum structure setback of less than 30 feet, and a maximum setback of more than 50 feet. BACKGROUNDIHISTORY The subject ten acre site was platted in 1990 and the 51,000 SF Oak Ridge Elementary School was completed in 1992. ISD 196 is proposing the expansion to address a shortage of elementary school space due to the addition of full-day kindergarten, 4 year old preschool enrollment growth, etc. Additionally, Oak - Ridge is undergoing some changes as it converts to one of the District's Magnet Elementary Schools. SURROUNDING USES The Oak Ridge Elementary School property is adjacent to Downing Park to the east and south, single family homes to the west and townhomes to the north. EXISTING CONDITIONS The 51,000 SF Oak Ridge Elementary school is located at the intersection of Johnny Cake Ridge Road and Clemson Drive. Access to the site is provided by both streets. EVALUATION OF REQUEST Proposal ISD 196 proposes a 6,900 building addition. The new addition is to be on the East- northeast side of the existing structure, facing Clemson Drive. The two-story addition will provide 3 additional classrooms and a shared "feature space" to support the Magnet theme. The height of the proposed building addition is 25'; therefore, requiring a 50 ft structure setback. According to the applicant's narrative, the proposed addition will match the existing brick and precast. 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 actual proposed encroachment into the side property line setback area is a corner of the addition, representing a very small percentage of the overall building addition. Further, the adjacent property is Downing Park and the new building will still be over 40' from that common property line. The proposal satisfies other bulk standards. 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. Utilities- An 8" public water main is looped around the south side of the school, within an existing 20 foot wide drainage and utility easement. The proposed building expansion encroaches approximately 5 feet into the drainage and utility easement, and the footings would be approximately 4 to 5 feet from the public water main. Because structures are not allowed within drainage and utility easements, the applicant proposes to relocate the water main slightly east of its current alignment, vacate a portion of the existing drainage and utility easement, and dedicate a new 20 foot wide easement over the new water main. APPLICANT'S PRACTICAL DIFFICULTIES ISD 196's desire is to centrally locate the additional space so as to provide efficient internal flow and access to materials and resources combined with the irregular shape of the existing building and lot results in the need to have a nominal encroachment into the side yard building setback area. SUMMARY/CONCLUSION ISD 196 proposes a 6,900 SF building addition. The new addition is to be on the East-northeast side of the existing structure, facing Clemson Drive. The two-story addition will provide 3 additional classrooms and a shared "feature space" to support the Magnet theme. The height of the proposed building addition is 25'; therefore, requiring a 50 ft. structure setback. The conditions resulting in the requested Variance appear to be unique to this property and the proposed building expansion necessitating the Variance do not appear to present detrimental impacts to neighboring properties or the public. ACTION TO BE CONSIDERED To approve a 9 ft Variance to the required 50 ft. building setback for property located at 4350 Johnny Cake Ridge Rd. 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 relocate the existing water main, vacate a portion of the existing drainage and utility easement, and dedicate a new 20 foot wide easement over the new water main. 3. The Applicant shall obtain an approved Building Permit. 4. The exterior building materials shall complement the existing structure in type and color. W O gl ME zN a W�� aDwm =-E Hi��� 2 z CD a s N O s •t-' a 2' -.... C7 cc y a s IR A"' t h H. W C3 W om Y C � Eagan, MN 66122 W \\\ - a m� m m m i � d m/ r1� ori O •' Nf �1 N ' VJ LL S -• Of N� Ql W u? (C M ca Fa zw ao; � i36 OypO 6 U F q� 00 �6 y 9 r. = S 0 W O N h � 1 m m O, C1 W N S N Oe ed 4360 Johnny Cake Rldge R C � Eagan, MN 66122 W \\\ m/ r1� ori O •' Nf �1 N ' ed . � ■ C/) e | p5 k } | 2\e!) kf - ��«,| �" ,�,| $ _ = �§ ; \ k / k!�$ w J CO a- )/} 22 { § wall ^ & , :? | 1 . , \ W Lo §§! 32E©_ ooq;; 2=,::= \ §§■� e . c! B�\ k § \ @■®• C-) q � _■ mCD � � ._ . !.. ! � ) ) - __- ■::! ) § s 2\ §§ §(�j § $) OR ��T` ©§ � �� • ■■ �■©■ 8■ § ! � W z t O [ p Cn CA E COD O �4 °N ¢7x3 • _ O ��g '� Y � p zs yy p�( y Y T W W W ti Q 6 ri3d�1 iii F _.. ____._. ._ .._. __. _...___ ____.__. ______.__ ._ ___._.. _ .. ....... ...------ .___._ .naxi�+xu� a" z J F " LLI .naxi�+xu� July 12, 2016 City of Burnsville 100 Civic Center Parkway Burnsville, Minnesota 55337 Re: Independent School District #196 Oak Ridge Elementary 2017 Addition Commission No. 152278 To Whom It May Concern: In November 2015, the taxpayers within School District 196 approved an $180,000,000 referendum. The approved community -developed plan was to address the shortage of elementary school space due to the addition of full-day kindergarten, 4yr old preschool and enrollment growth, among other needs. In addition, Oak Ridge is undergoing some change as it converts to one of the District's Magnet Elementary Schools. As a Magnet School it is expected to be a draw for families and thus the need for additional capacity to support the expected interest. The proposed plan for Oak Ridge is to add three additional classrooms and a shared "feature space" to support the Magnet theme. In working with a planning committee comprising of Oak Ridge staff and administration it was desired to place the addition in the center of the building to emphasize the shared "feature space", its' location makes it equally accessible from the all classrooms and support internal flow to the space. Being located in the center of the building will also allow direct access to the media center which is important for accessing reference materials and resource staff. The size of the addition is based on matching the size and shape of existing classrooms so that all classrooms are equal. The Oak Ridge site was originally developed jointly with the City of Eagan in the 1990's. Upon completion, an arbitrary property line was established between the school and the park, a joint powers agreement was put in place to govern the use of the entire site by both parties. A very small portion of this proposed addition does not meet the required 50 foot building setback due to the irregular property line between the City Park and the School District parcel. Other options were considered, but they compromised the classroom equity, building symmetry or proximity of the feature space to the student population. The intent of the addition design is to match existing materials and the location of the addition is aligned with the existing building architecture. Upon closer examination, the arbitrary property line creates the minimal encroachment. It should be noted that a Joint Power Site Agreement between the City and District 196 was signed in 1990 which allows use by both entities and it remains in place today. We believe the encroachment of roughly 8 feet into the required setback of 50 feet is a unique situation worthy of a variance consideration. We have talked with Jared Flewellen of the Park's Department and he stated that "he did not see the proposal having a negative effect on the park". The Park and the School has operated as a single parcel for over 25 years. Sincerely, Wold.Architects and Engineers Wold Architects and Engineers PIA NN:`_R I AIA, LEER AP 332 Minnesota Street, Suite W2000 Saint Paul, MN 55101 '� H1' woldae.com 1 651 227 7773 F N 61 N ,IV FE R, S Agenda Information Memo September 20, 2016 Eagan City Council Meeting PUBLIC HEARING B. Lot 1, Block 1, Wilmus Addition Easement Vacation Action To Be Considered: Accept the dedication of a public drainage and utility easement in association with the vacation of a portion of a public drainage and utility easement on Lot 1, Block 1, Wilmus Addition (Oak Ridge Elementary School) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On July 28, 2016, City staff received a petition from Nick Marcucci, Wold Architects & Engineers, representing Oak Ridge Elementary School (ISD 196), the property owner, requesting the vacation of a portion of an existing drainage and utility easement on Lot 1 Block 1, Wilmus Addition (4350 Johnny Cake Ridge Road), south of Diffley Road and west of Pilot Knob Road, in south-central Eagan. ➢ The purpose of this request is to relocate existing public water main away from a proposed new building addition to Oak Ridge Elementary School. ➢ The request would vacate a portion of an existing drainage and utility easement in exchange for the dedication of a new easement on the property for the purpose of relocating an existing water main. The vacation of the easement would accommodate the new school addition. The newly dedicated public easement will adequately address the proposed relocated water main on this property. The owner, ISD 196, will be responsible for the water main relocation. ➢ Notices for a public hearing have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. No objections have been received to date. This vacation request has been reviewed by the Public Works Department (Engineering Division) staff and found to be in order for favorable Council action. Attachments (2) PHB-1 Location Map PHB-2 Legal Description Graphic PHB-3 Proposed Easement Description Graphic ti ° Lone Oak Road o° 4y ^M � as 28 �, Yankee Doodle Road as LOCATION OF PROPOSED ,c a� EASEMENT VACATION a (Oak Ridge Elementary School) c .0 •X a� — J c Diffley Road so o_ .n 0 c Y 0- 0. 43 Cliff Road Map of Proposed Location for Easement Vacation City of Evan Lot 1, Block 1, Wilmus Addition Fig. 1 1\T 08-04-2016 Y '_ d v L 10 O N O O N` p d U N W N 0 dv U N �a+L' C w O (p n O Na Z C O NM U E cl, p d F N O u O EV N C O 4 Z O T N O ¢ C'O-'CO E 'v ° ° S > to r_ N O v v o' d o N 'n+ Lj v C D v ,Fv. N y i M Q Y N 0 o;s 0� 0 t0 m++ N 0 0 .+S v O" N N y O� d N O O Z j,L 0 O W ° Z oL°�¢o o v ^O o N o o d�7 A W . o w Yv 0 o a o 1.80 O v F 0 OL s m oz s. a° E 09 00: C OO NN O.0 n cn O N �� �.E ¢ ;pNN (n = y O Rao C6. A9i �9SYn a Nth N N 'OS CO (0 C V Nr Ut O OY y o ? ¢r0-• dT'o V c5 h� F (/) :2JN N �N N d Uv OL° QTO LLJ9 t :CG0 N O wpLWNW aO° 'UE�3Rl WO V4 J 1 00-v O °ON�O L V pia rsoS O° .OJy 0 rO+N Q N mN N—UVLE) -u;d T 'O O WNN 1 E NvO'p v O d N N N Q N O °v CC) O C v�O 3 Lo+ oFc ..tip c u°k go o uC0° z+0•y °o e°NNe<n mYcEE M W O a-3o 0 w`aN0,F) 3vO �K«8o< ° W W O�Z CIw N OW--t OiON EJO O on ZW Q.CUOOVO M`ON HyyCNNN N co:)0 Opo fN v 00 O" I 1ii� H Z qi 'Y G� W vo N "'aov o° N v_y vi N O o y 0 3 � v'O T O oc O E c� •N '- v O V°j v o •y W J c Eg _R z t 01' c v •- m 3 v O 2 O.p •• NO o W .p �o+y.oN N o. '� •mac O (n OLl UC E N CtVO O OC N 0m ✓O ZO WX¢ .N o -p ¢ ¢ 3 row lt Rce l/ 77 d°y �� •,e / of - z 0 7 v`J Y O n0.0 C� J o 3 W 0 rapJOoe N ?1&9/7 hh— \` 104 Oe PCO. �/ �y i'� I / \\ 00'SS hh Z OIT / \O ,oN h Z a \ `� 0 E ,y�c. / ° Q°QOM so ,Yo CO Z N ♦ O �0§ o WU m LYS CD V o T o .1 Gam, i Y� Ow W _ / o Y EXISTING EASEMENT TO BE VACATED DESCRIPTION: That part of the 20.00 foot wide utility easement as dedicated in the plat of WILMUS ADDITION, Dakota County, Minnesota, described as follows: A strip of land 20.00 feet in width over Lot 1, Block 1, WILMUS ADDITION, Dakota County, Minnesota, which lies Southwesterly of the Northeasterly 10.00 feet of said Lot 1, the centerline of which is described as follows: Commencing at the most Northerly corner of said Lot 1; thence South 45 degrees 17 minutes 13 seconds East, assumed bearing along the Northeasterly line of said Lot 1, a distance of 332.24 feet to a curve point of said Northeasterly line of Lot 1; thence Southeasterly a distance of 65.79 feet along said Northeasterly line of Lot 1, being a tangential curve concave to the North, having a radius of 319.50 feet and a central angle of 11 degrees 47 minutes 55 seconds to the point of beginning of the centerline to be described; thence South 11 degrees 41 minutes 40 seconds West, not tangent to the last described curve, a distance of 80.00 feet to a point to be hereafter referred to as "Point A"; thence continue South 11 degrees 41 minutes 40 seconds West, a distance of 55.00 feet; thence South 26 degrees 51 minutes 12 seconds West, a distance of 25.00 feet and said centerline there terminating. AND A strip of land 20.00 feet in width lying Westerly of the above described strip of land, the centerline of which is described as follows: Beginning at said 'Point A"; thence North 78 degrees 18 minutes 20 seconds West, a distance of 18.00 feet and said centerline there terminating. y N o N y y Fn 0 '° N G U z ° 00 N U y N ° CO O o „y., m 0 0 0 °u F .n m o oo °VOMj VN,I .N yip U +� JO °o NM �yy�¢ d n o," rnoo o"L'�o y 1m o X �T >00 C(noM„y�5, E$ O N sw nN m°d Ev_ 3 p y (��� N N w Z N m oZ oMrc °va 3 �W c 0 to y 3 0 °Ld O.I 0Ot°°°w ON O�� ✓ pu'LC L+E•O Cl� Nv0UOC CNU++O ° ,0, Ov F o a .N o ON �'O OZ OCL O'CN iL+ Ol °N .L°., o y°- to yiN. d§ U U}, O -0 C O y O E v L y. y J •'moi ��" 9 5 O_ o(n .L°,�.,�y, o NM"y- N c v .o E m o mg�'� ~ v y y ••'° o uv °p� 04S ' c w ¢w a� u o'v O E o O . y y 0 0 h U O T y d T - e U a.ucy-IyNyy� c; ` Z°oyE0. Ll E OWN°.N'D ONmN N M v-pyp, y n o L +• 1 U VI +L+ O D �. N y N L G a s$ �C N C y0� 0-1 6:6 Ul G N r V w CV d�°�a°.c O Q OO y+++� W aEi 'T' 'cz ° m m3(o °" y u E (00 Q op't L O°�W..L+yN oC 0 0 o' %IWa=+r �3 w w oItwwv ZLoo 0°o ZcO° NNOTN.- C Z y . ° ° °..y•0 pOH E COJ O p•N- MyL, 0= y W y y 000.0 �t°m.. v+L+ opC m ac 1=i M Z H F�QSc°i o F o°' °� - v av til O k F p op y o.°z= ° S y y v y •3 .N u Z pj 8°moi W N.0 y v` O N E.a L O C v_ bo m O �� mN y y �3N u^ °v �° w y v- U y-° O O c.° J -Ba`H F3 Ov w E°Os°cmm,oy c0 E° U o.3v Ev,.'Cvvrn�Cinv o No •m� a p Ow°o.Zo w—aw°o ¢ ¢° my / RCP �dy „at l z i 7 / -7701 / -F „11213dd Allo„ G O U p ° 0i1C� O¢ c� N- v -L \,_j Iii iv w -No Y 0 o told N0 C� C�t 1:ia b y w s�� 917< a� �J/j4� aO• t�otl,t day et � '60� L r 0/% o 01 Wgpi oma? �� p� / l6.lLS ��. a Ld Q _ 41 Ld /�,� o QePOO�� �- - d S `o .=¢ �k �� �^ \�� O�okS� tel/ -J 0 2 0" U J M 0/ o I 0 I / / O j O W J :03- 0w w L 7 J �,gUP W e PROPOSED UTILITY EASEMENT DESCRIPTION: A perpetual 20.00 foot wide easement for utility purposes over, under, and across that part of Lot 1, Block 1, WILMUS ADDITION, Dakota County, Minnesota, which lies Southwesterly of the Northeasterly 10.00 feet of said Lot 1, the centerline of which is described as follows: Commencing at the most Northerly corner of said Lot 1; thence South 45 degrees 17 minutes 13 seconds East, assumed bearing along the Northeasterly line of said Lot 1, a distance of 332.24 feet to a curve point of said Northeasterly line of Lot 1; thence Southeasterly a distance of 65.79 feet along said Northeasterly line of Lot 1, being a tangential curve concave to the North, having a radius of 319.50 feet and a central angle of 11 degrees 47 minutes 55 seconds; thence South 11 degrees 41 minutes 40 seconds West, not tangent to the last described curve, a distance of 135.00 feet; thence South 26 degrees 51 minutes 12 seconds West, a distance of 25.00 feet to the point of beginning of the centerline to be described; thence North 26 degrees 51 minutes 12 seconds East, a distance of 123.36 feet to a point to be hereafter referred to as "Point B"; thence continue North 26 degrees 51 minutes 12 seconds East, a distance of 30.16 feet to the intersection with the North line of Outlot A, said WILMUS ADDITION and said centerline there terminating. AND A 20.00 foot wide strip lying Westerly of the above described strip, the centerline of which is described as follows: Beginning at said "Point B"; thence North 63 degrees 08 minutes 48 seconds West, a distance of 19.08 feet and said centerline there terminating. Agenda Information Memo September 20, 2016 Eagan City Council Meeting PUBLIC HEARING C. Lot 1, Block 2, Weston Hills 2nd Addition Easement Vacation Action To Be Considered: Approve the vacation of a portion of a public drainage and utility easement on Lot 1, Block 2, Weston Hills 2nd Addition (4668 Weston Hills Drive), and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On August 3, 2016, City staff received a petition from Eric and Stephanie Stahl, property owners of Lot 1 Block 2, Weston Hills 2nd Addition, requesting the vacation of a portion of existing drainage and utility easement on their property at 4668 Weston Hills Drive, south of Cliff Road and east of Hwy 3, in southeast Eagan. ➢ The purpose of this request is to allow the homeowners to install an in -ground pool in the backyard. ➢ The request would vacate a portion of an existing drainage and utility easement on the property. The vacation of the easement would address the portion in excess of the standard drainage and utility easement adjacent to the property lines. The portion of the easements remaining will adequately address all necessary public drainage and utility easements on this property. Notices for a public hearing have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. No objections have been received to date. ➢ This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action. Attachments (2) PHC-1 Location Map PHC-2 Legal Description Graphics 1Y Afl MENDOTA IIEIGITPS 4 Lone Oak Road M o � Z Yankee Doodle Road 28 za C= ° d � 0 �- — � X JJ O� o ao Diffley Road so c Y �® IL 43 V _ kJ- A Cliff Road MPLEI�LLEY LOCATION OF PROPOSED EASEMENT VACATION (4668 Westin Hills Drive) Location Map of Fig. 1 Proposed Easement Vacation N City of Eagan Lot 1, Block 2, Westin Hills 2nd Addition 08-04-2016 N City of Eap Stratford Lane Easement Vacation Description All that part of the existing drainage and utility easement over and across Lot 1, Block 2, Weston Hills 2nd Addition, Dakota County, Minnesota, excepting the West 10.00 feet, North 10.00 feet, East 10.00 feet, and South 5.00 feet thereof of said Lot 1. Legal Description Graphic Lot 1, Block 2 Westin Hills 2nd Addition Dakota Coun August 8, 2016 Agenda Information Memo September 20, 2016, Eagan City Council Meeting OLD BUSINESS A. Approve amended Preliminary Planned Development & Preliminary Subdivision — MV Eagan, LLC Actions To Be Considered: Approve an amended Preliminary Panned Development and Preliminary Subdivision with modified conditions. Facts: ➢ The City Council approved the Preliminary Plat and Preliminary Site Plan on August 16, 2016 with the direction that the revised Preliminary Panned Development and Preliminary Subdivision, with modified conditions, come back to the Council. ➢ The City Council approved the Preliminary Plat and Preliminary Site Plan on June 21, 2016. ➢ Plans are fine-tuned and/or made more precise between preliminary and final approvals and that is the case here. ➢ The most significant change is the realignment of Vikings Parkway (formerly Northwest Parkway) which, in turn, results in some shifting of buildings and features. ➢ The attached Narrative Addendum speaks to specific site changes. ➢ The number of lots/outlots and the overall development square footage remains the same. Issues: None Attachments: (6) OBA-1 Revised Preliminary Subdivision OBA-2 Revised Preliminary Subdivision Conditions of Approval OBA-3 Revised Preliminary Planned Development OBA-4 Revised Preliminary Planned Development Conditions of Approval OBA-5 Narrative Addendum OBA-6 Revised Development Guidelines F*I SS'LObZ 3.Zb.Sb.OS / I � I tt N .. I m � I H m I �e oN I I w r - ---�- - -- 9Z'OSbZ AM,90.0N 2 m I— H LL 0 �o I � zx I 10 1-- / —— — — Z9 CM M:bt.SO.ON i Q I w 2 N a _ H LL 0 �o I � zx I 10 1-- / —— — — Z9 CM M:bt.SO.ON 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, B 2, B3, C1, C2, D1, E1, G1, H1 and I1. 2. The property shall be platted. 3. Ingress -egress easements shall be provided to ensure all parcels have access to a public street. Such easements shall be in a form acceptable to the City Attorney. 4. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 5. All septic systems within the development should be abandoned in accordance with City and County standards. 6. The developer shall meet all requirements of Minn. Rules Ch. 8420 and City Code § 11.67 regarding and a proposed wetland replacement plan. 7. The developer shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34). for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 8. The developer shall provide adequately sized pre-treatment (e.g. 4' sump with scour protection and skimmer hood, inlet filter structure, etc.) at, or immediately upstream of, all stormwater management facility (e.g. infiltration basin) inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 9. The developer shall provide clear plans and details on how impervious surface runoff will enter proposed infiltration basins (e.g. curb -cuts, catch-basin/piping, etc.), specifically on Utility Plan and other appropriate plan sheets at all proposed individual drainage areas (e.g. P -Park -W1, P -Park -W2, P -Park -E, P-OutSyn, etc). 10. The developer shall provide unobstructed maintenance equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from pavement -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access path shall be capable of fully supporting typical maintenance equipment, for periodic maintenance access to the surface storm water facilities and verify that Landscape Plans do not conflict with this access requirement. 11. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the City with soil boring logs from a minimum of four soil -borings within any proposed infiltration basin area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and/or construction plans (e.g. over-excavation/soil- amendment depth, etc.) and/or follow Permissible Alternative Stormwater Volume Control Designs process if determined appropriate by the City Engineer, to ensure volume control requirements are fully met. 12. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of the proposed infiltration/filtration systems for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration/filtration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows, details for pre-treatment, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria, live planting, seeding & permanent erosion -control details, etc., to ensure infiltration/filtration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Utility Plan, Landscape Plan, Details, etc.) 13. Prior to receiving city approval to permit land disturbing activity, the developer shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 14. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify compliance with approved soil management strategy. City Water Resources staff shall be notified, with 24-hour advance notice, for inspection during soil amendment process, prior to installation of any irrigation, seeding or plant materials, to verify soil compliance. Plan sheet notes/instructions on all applicable plan sheets shall be provided, 15. During infiltration system area over-excavation/sub-soil work, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 0.8 - inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.8 -inch per hour (or greater than 8.0 -inch per hour), the developer shall immediately notify the City Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing. The developer shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices (City Water Resources staff contact/instructions shall be clearly/prominently listed on appropriate plan sheets). 16. Prior to proceeding with land disturbing activity, the developer shall enter into a long- term stormwater mariagement system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 17. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (pre-treatment, infiltration practices, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration practices. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 18. The Developer should provide conservation easements, in a form acceptable to Water Resources and the City Attorney, over the buffer areas of Wetlands A, B, C, F, G, H, I and J, as identified in the wetland delineation map submitted to the City with this application. 19. The developer shall provide a design to support broadband and fiber optic telecommunications networks. The developer shall provide a plan to be approved by staff including development -owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi -partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. 20. The developer shall dedicate the public right-of-way, and any temporary construction easements, necessary for the construction of the extension of Northwest Parkway, in accordance with City engineering standards for width and curvature. 21. The developer shall be subject to the City's determination of responsibility and per acre costs of $4,000 per net developable acre for Northeast Eagan Area Wide Traffic Study mitigative traffic improvements. The financial obligation will be placed in an escrow account with the City to be used solely for financing the improvements. The developer shall enter into an escrow agreement in a form acceptable to the City Attorney and provide the required deposit prior to Final Subdivision approval/release of the plat for recording. Any unused amount will be returned to the payers within 10 years of full development of the properties within the study area. 22. The developer shall provide cross parking easements and a comprehensive parking/special events agreement in a form acceptable to the City Attorney. Such agreement shall include a requirement that the developer participate financially in the traffic management strategies necessary to accommodate future events within the development, including events at the stadium and practice facility. 23. The developer shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 24. The developer shall enter into a park and trail agreement, in a form acceptable to the City Attorney, to ensure that the dedication of park and trails is completed as the development proceedse��� a;iand in accordance with the design Guidelines received August 31, 2016. 25. The developer shall complete the wetland mitigation/replacement necessary for the construction of Vikings Parkway in a manner acceptable to the City. If the wetland mitigation/replacement is not completed prior to final subdivision approval the Developer shall, prior to final approval, obtain final plat approval from the County Surveyor and enter into an agreement and post security, in a form and amount acceptable to the City, to complete the wetland mitigation/replacement prior to the construction of Vikings Parkway. V,1:26. The developer shall have completed the demolition and removal of the existing structure that is located within the necessary right-of-way needed for the construction of Vikings Parkway, to the satisfaction of the City. If the building demolition has not occurred prior to final subdivision approval, to the satisfaction of the City, the developer shall, prior to final approval, enter into an agreement and post security, in a form and amount acceptable to the City, to complete the building demolition in a manner acceptable to the City prior to the construction of Vikings Parkway, EXHIBIT B Preliminary Planned Development 1. A Preliminary Planned Development Agreement for a term of fifteen (15) years shall be executed and recorded against the property at the Dakota County Recorder's office. The Preliminary PD Agreement shall contain the following plans: • Preliminary Site Plan • Preliminary Signage Plan 2. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Signage Plan • Final Lighting Plan • Final Amenities Plan 3. The property shall be platted. 4. All residential development within the site shall be designed and constructed as shared - entrance buildings. 5. All building construction within the proposal area shall incorporate construction methods and techniques that reduce interior noise impacts from airport noise in accordance with the Metropolitan Council's 2030 Transportation Policy Plan and City Code Section 11.64 pertaining to the Aircraft Noise Zone Overlay District. The revised MV Northeast Eagan Development Design Guidelines (the "Guidelines"), received onn. August 31, 2016, are adopted by reference to establish the development framework for Land Use, Architecture, Green Infrastructure, Public Realm, Street and Roadways, Lighting and Signage. To the extent of any inconsistency between the Guidelines and the Conditions herein, the Conditions shall control. 7. The Developer shall provide cross parking easements and a comprehensive parking/special events agreement in a form acceptable to the City Attorney. Such agreement shall include a requirement that the Developer participate financially in the traffic management strategies necessary to accommodate future events within the development, including events at the stadium and practice facility. 8. Ingress -egress easements shall be provided to ensure all parcels have access to a public street. Such easements shall be in a form acceptable to the City Attorney. 10. Final Planned Development Site Plans shall include the parking island calculation summary within the individual parking area(s) or in the plan sheet legend. 11. Cart corrals shall be shown on the Final Site Plan(s). All cart corrals shall be a permanent installation, and no advertising signage shall be placed on the corrals. 12. Overnight storage of carts outside or in the cart corrals is not permitted. All carts shall be collected each day and stored within the building overnight; indoor storage area for carts shall be provided. 13. Outdoor storage for up to three commercial vehicles is allowed for each commercial building. Such vehicles must fit in a standard parking stall and the designated parking stalls shall be identified on the Site Plan at the time of Final Planned Development. 14. The Signage Master Plan provides bulk standards for size and setbacks for the general overall site freestanding signage; all other building and freestanding future phase, site specific, signage shall meet Sign Ordinance standards. The Development Monument Sign at the intersection of Dodd and Northwest Parkway shall be eliminated. 15. Outdoor patio dining shall meet City Code requirements of Sec. 11.70, Subd. 29. For each outdoor dining area, a detailed patio seating plan should be provided at the time of Final Planned Development. 16. Trash and recycling containers shall be stored within the principal building or in an enclosure attached to the building that meets the design standards in the City Code, and be constructed of the same finish materials as the principal buildings. 17. All mechanical equipment, both roof and ground mounted, shall be screened in accordance with City Code standards. All equipment and proposed screening shall be shown and identified on the Final Building Elevations and/or Site Plan drawings at the time of Final Planned Development. 18. Each Final Landscape Plan shall include specifications that include a note that the root ball be set flush with grade with the root flare visible 1-2" above grade. Additionally, the plan shall note mulch shall not be in contact with the trunk of the tree. 19. Screening of the player/coaches parking area from O'Neill Drive shall be enhanced by adding a 3' tall evergreen shrub hedge or knee wall. 20. All landscaped areas shall be provided with automatic irrigation in compliance with City Code requirements. 21. A financial guaranty for landscaping and tree mitigation shall be provided at the time of Final Subdivision, in accordance with City Code provisions. 22. To ensure that tree mitigation is properly addressed as a phased development, the Developer shall enter into a Tree Preservation/Mitigation Agreement, in a form acceptable to the City Attorney. 23. A blue or other industry standard recycling receptacle shall be placed directly next to all trash receptacles in the common areas of the development. Uniform labels on receptacles and lids will indicate recycling or trash and will specifically identify the types of items accepted in each container. 24. Pedestrian crossings of drive lanes shall be visually and/or texturally offset through use of a different pavement material. 25. Per the Design Guidelines, a cohesive consistent design shall be provided for all free- standing signs. 26. All building signage shall be consistent in design, per City Sign Code standards, while accommodating the unique identifiers of individual tenants including colors, script and logos. 27. Building architecture shall be considered prior to sign placement so that sign placement is in keeping with the architectural features of the building. 28. Details on the design and placement of directional signs shall be provided with the Final Planned Development. The directional sign structures shall be located so as not to interfere with visibility, vehicular or pedestrian circulation or snow storage. 29. Building elevations shall be submitted for all buildings at the time of Final Planned Development. Buildings for which Preliminary Elevations were not provided shall utilize the Design Guidelines palette of materials and consistent architectural features presented for the specific District. 30. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 31. The Developer shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 32. The Developer shall provide a plan to be approved by staff including development -owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi -partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. The conduit to the well house can be a single duct. 33. The Developer shall enter into a trail easement agreement per the Sidewalk and Trails Plan (described in the GuidelinesPla Sheet L4 -N), in a form acceptable to the City Attorney to provide public right-of-way or trail easement of sufficient size for any public trails constructed outside the current right-of-way limits. 34. The Developer shall enter into a park and trail agreement per the Parks and Open Space Plan (described in the GuidelinesPlan Shoot r ' ), in a form acceptable to the City Attorney, to ensure that the dedication of park and trails is completed as the development proceeds in further phases. 35. The Developer shall provide building address numbers per Section 2.78 of the City Code. 36. Corporate partner or naming rights sponsor signage shall be limited to 20% of the sides of the IPF and integrated graphics/projection mapping signage on the IPF shall not be subject to the 20% restriction. 37. Integrated graphics/projection mapping signage shall be subject to a Sign Agreement between the City and the Vikings, in a form acceptable to the City Attorney. 38. Only two other building permits shall be issued for any property other than Lot 1, Block 1 until above -ground physical construction has begun on the Vikings' Headquarters facility. 39. Developer may not commence construction of any residential units on any land located North of Northwest Parkway until Developer commences construction of a conference center hotel on the Property containing at least 100 guest rooms, 10,000 square feet of event space, 10 breakout/conference rooms, a ballroom with capacity for at least 500 people and a full service sit-down restaurant ("Conference Center Hotel"). Developer shall cooperate with the City of Eagan's Convention and Visitor's Bureau to develop the scope of and undertake a feasibility study examining the market and financial feasibility, without subsidy, of each of, and the combined, hotel and conference center components of the Conference Center Hotel on or before April 1, 2017 and report quarterly, until three years have passed from the issuance of a Certificate of Occupancy for the Vikings' Headquarters facility, as to Developer's efforts and progress toward constructing a Conference Center Hotel. If the feasibility study demonstrates that development of the Conference Center Hotel is not feasible, in any respect, this condition is waived. In any event, this condition automatically expires on April 1, 2023. 40. The Developer shall be responsible for all relevant mitigation strategies included within the Mitigation Plan dated May 27, 2016, associated with the Final Alternative Urban Area -wide Review (AUAR) for the Minnesota Vikings Headquarters and Mixed Use Development in accordance with the City's determination of responsibility. The Developer shall contribute $4000/net developable acre into an escrow fund to address their responsible cost of transportation improvements included in said mitigation strategies. The Developer shall enter into an escrow agreement in a form acceptable to the City Attorney and provide the required deposit prior to Final Subdivision approval/release of the plat for recording. Any unused amount will be returned to the payers within 10 years of full development of the properties within the study area. 41. The Developer shall be responsible for the cost of all updates to the Final Alternative Urban Area -wide Review (AUAR) for the Minnesota Vikings Headquarters and Mixed Use Development. Updates are required every five years until the completion of the development. 42. The Developer shall be responsible for the cost of preparing and implementing an event travel demand management plan (TDMP) to identify management strategies for events of :. various sizes including traffic operations, parking and circulation. Events could include use of the outdoor stadium, indoor practice facility and outdoor practice fields by the Vikings as well as local community sporting or entertainment events. Implementation costs may include city or contractual labor and material to address a combination of turn restrictions, counter -flow operations, traffic signal overrides, supplemental static and dynamic signage, transportation (bussing) and event management staff to override operations at some intersections. Pill All, r] Supplemental Project Narrative Regarding Vikings Parkway Relocation 0 71 ITIST =- MV Eagan Ventures, LLC Sheldon Road Associates, L.L.C. M Land, LLC Eagan V, LLC Table of Contents Page I. INTRODUCTION.......................................................................... 1 II. PROJECT MASTER PLAN IMPROVEMENTS ........................................ 2 LIVING WELL SITE.............................................................. 2 VIKINGS PARKWAY RELOCATION .......................................... 2 III. OTHER IMPACTS.........................................................................4 A. Density Impacts..................................................................... 4 B. Open Space and Trails Plans .................................................... 5 C. Development Districts.............................................................6 DISTRICT 1...............................................................7 DISTRICT 2............................................................... 7 DISTRICT 3............................................................... 7 DISTRICT 4............................................................... 7 DISTRICT 5............................................................... 7 DISTRICT 6............................................................... 7 DISTRICT 7............................................................... 7 D. District 3A.............................................................................8 1. Introduction........................................................... 8 2. Our Vision..............................................................8 Building.,I,......................................................... 8 Building "F" ............. Building "E„ ....................................................... 8 Building"J,,........................................................ 8 3. Access / Parking ..................................................... 8 4. Security.................................................................9 5. Timing...................................................................9 Table of Contents (continued) Page IV. OTHER UPDATES.........................................................................9 A. Master Signage Plan................................................................9 B. Tree Preservation Plan.............................................................9 C. Conference Center Hotel ........................................................ 10 V. REQUEST / CONCLUSION.......................................................... 10 SCHEDULE OF EXHIBITS Tab 1 Old Project Master Plan Tab 2 New Project Master Plan Tab 3 Phasing and District Density Charts Tab 4 Old Open Space and Trails Plans Tab 5 New Open Space and Trails Plans Tab 6 Master Signage Plan On June 21, 2016, we received rezoning, Preliminary Planned Development and Preliminary Subdivision approvals for our project formerly known as the "Northeast Eagan Development" and now known as "Viking Lakes" (Project). The Project is situated on a 200 acre site in northeast Eagan, south of Interstate 494, on O'Neill Drive between Lone Oak Road and Ames Crossing Road (Site). Vikings Parkway bisects the Site. We are submitting this Supplemental Narrative to inform the City Council of modifications and improvements we made to the Project Master Plan after we received preliminary entitlements. We will also update the City Council on the status of the Project, considering our recent announcement that we will be developing a second phase of the Project for Twin Cities Orthopedics, P.A. This Supplemental Narrative describes the changes we made to the Project Master Plan, the implications of those changes for the Project and on our Design Guidelines, Open Space and Trails Plans and other Project Plans and our justification for the changes. We believe you will conclude, as we concluded, that the revised Project Master Plan significantly improves the Project. This Supplemental Memorandum supplements, but does not replace, our "Project Narrative Supporting Preliminary Planned Development and Subdivision Applications dated March 16, 2016 (revised March 30, 2016) (Original Narrative). Capitalized terms that are not defined in this Supplemental Narrative have the meanings given them in the Original Narrative. In addition to this Supplemental Narrative, we are submitting a revised Design Guidelines Manual (including revised Open Space and Trails, Tree Preservation and Master Signage Plans) that corresponds with our new Project Master Plan. The revised Design Guidelines Manual replaces the Design Guidelines Manual we submitted to the City in connection with our application for preliminary entitlements. 1 I. PROJECT MASTER PLAN IMPROVEMENTS Our approved Project Master Plan is attached at TAB 1. Our revised Project Master Plan is attached at TAB 2. As the revised Project Master Plan illustrates, we have made two key modifications to improve the Project, without sacrificing proposed Project density/intensity or changing proposed Project uses. These modifications, and the reasons for them, are as follows: LIVING WELL SITE We acquired approximately five additional acres off O'Neill Drive in the northwest quadrant of the Project from Living Well Disability Services. This critical acquisition improved the Project as follows: • We added a fourth outdoor natural grass practice field to the west of the Indoor Practice Facility off O'Neill Drive. This fourth field provides the Vikings with greater flexibility to rotate practice fields during normal operations and is a necessary addition if the Vikings hold a future training camp in Eagan. It also provides the Vikings with three dedicated fields for practice and gives the Vikings the option to more frequently use the southernmost outdoor field for the Vikings' youth sports outreach efforts. • We shifted the maintenance building (Building "D" in District 3 of the revised Project Master Plan) to the north to distance it from Vikings Parkway. This shift improves safety by permitting vehicular access to the maintenance building from O'Neill Drive, rather than from the more heavily travelled Vikings Parkway. This shift also minimizes the visibility of field maintenance operations from Vikings Parkway. We will be storing field and landscape materials such as sand and rock between the maintenance building and O'Neill Drive at grade (within a concrete enclosure) and within large above -ground containers. The combination of (i) the maintenance building's location further north, (ii) our proposed landscaping around the storage area and (iii) the Site's elevation compared with the higher elevation of O'Neill Drive and the much lower elevation of Interstate 494, helps screen the storage area from public rights-of-way. VIKINGS PARKWAY RELOCATION We moved the eastern half of Vikings Parkway from the center of the Site to the southern part of the Site, essentially flipping the commercial hub of the Project from its former location in District 7 (south of Vikings Parkway) to an expanded District 4 north of Vikings Parkway. Relocating Vikings Parkway 2 improves access to Project amenities, the connections between mixed uses within the Project and safety, without sacrificing proposed Project density. • For improved connections within the Project, we have turned Wetlands "F" and "G" into a combined Project water feature, eliminating the busy road that formerly separated them. This allows us to (i) directly connect the retail and office uses in District 4 with the proposed Conference Center Hotel, also in District 4, by eliminating the street crossing; (ii) directly connect the developments on the east and west sides of the Wetlands with a pedestrian walkway between the Wetlands; and (iii) enhance pedestrian access to retail uses in District 4 with the public trail around Wetlands "F" and "G," which allows us to potentially develop a unique, two-sided retail project (similar to Centennial Lakes in Edina). Under our old Project Master Plan, Vikings Parkway impeded pedestrian access to the commercial hub of the Project. The revised Project Master Plan removes this impediment - integrating hospitality, office and retail uses and connecting those uses with the Vikings' Headquarters. • We now have the opportunity to create a feature amenity on the land bridge between Wetlands "F" and "G." We intend to construct a pedestrian walkway on the land area between the two Wetlands to connect District 4 east of the Wetlands with Districts 3 and 3A west of the Wetlands. If we receive necessary approvals from the City and the Minnesota DNR, we may remove this land area entirely and build a true bridge over a larger, combined water feature. If we are unable to secure approvals, we intend to build a walkway on the land bridge. The walkway might include a pavilion or other feature that overlooks the Wetlands. We may also include a floating Vikings -themed element on the water. • As shown in the final landscape plan we submitted for final Phase I entitlements, we intend to enhance Wetlands "F" and "G" with new landscaping and natural plant materials to beautify these Wetlands and enhance the pedestrian trail experience. • We potentially make the open space and trail system more accessible in the winter. The trail around Wetlands "F" and "G" will now be a public trail and we envision people skating on these Wetlands and cross-country skiing on Project trails. Buildings "G" and "H" on our new Project Master Plan are intended as permanent buildings for temporary use that will enhance the public's enjoyment of Project amenities. We are not planning to build these buildings as part of Phase I, but Buildings "G" and "H" could be a future warming house for winter 0 activities and a concession area for the Stadium and for events in the plaza between the Stadium and Building "'F" in District 3A. • Our new Project Master Plan provides more efficient access and parking within District 4. We improved vehicular access to public rights-of-way by eliminating a web of private drives within parking fields in the old District 7. We now have direct access from Future Phases to Vikings Parkway and Ames Crossing Road. By eliminating the private driveways, we opened additional land area for parking to maximize potential Project density. • The new District 7 features a clustered office development located adjacent to preserved open space and wetlands. The relocated Vikings Parkway will impact the northern tip of Wetland I, but we intend to mitigate this wetland impact by acquiring wetland credits. Even with this mitigation, total Project wetland impacts will not exceed the 1.73 acre total wetland impact we estimated in the Original Narrative. The clustered office development is more efficient; its location adjacent to wetlands and open space and direct connection to Vikings Parkway will improve its marketability. Vikings Parkway is a better public road in its new location. Under our old Project Master Plan, we shrunk Vikings Parkway from four lanes to three lanes to squeeze the road between Wetlands "F" and "G." Now, the City is able to construct Vikings Parkway as a full four lane road. Additionally, the new roundabout connection at Ames Crossing Road gives the City greater flexibility to extend Vikings Parkway to the east for a possible future connection with Argenta Trail, without having to reconstruct a large part of Ames Crossing Road. • Vikings Parkway is now further from the Stadium, better protecting passing motorists from potential Stadium distractions. We have also added a passenger drop off area near the main Stadium entrance to improve safety by reducing street crossings from Stadium parking areas. A. Density Impacts. The revised Project Master Plan improves the old Project Master Plan, without reducing proposed density. To demonstrate this, we attach at TAB 3 a blacklined version of the "Density Chart by District" from Section IV of the Original Narrative to show changes to this Chart that correspond with the N revised Project Master Plan. Note that the `Future Phase Timing Chart" from Section IV of the Original Narrative and included at TAB 3 is unchanged. B. Open Space and Trails Plans. We reconfigured the Open Space and Trails Plans we submitted with our application for preliminary entitlements to make these Plans consistent with our new Project Master Plan. The old Open Space and Trails Plans are attached at TAB 4 and the new Plans are attached at TAB S. Comparing these Plans demonstrates that we maintain our previously proposed trail connectivity and we also preserve open space area that exceeds the City's minimum requirements. Under our new Open Space Plan, we will preserve up to 39.4 acres of open space within the Project (we preserved up to 25.72 acres of open space in our former Plan). Additionally, if actual Project and trail/sidewalk development is consistent with our new Project Master Plan, we will construct up to 8.45 miles of trails/sidewalks within the Project. The following are a few highlights from our new Open Space and Trails Plans: • The Project's open space will consist of both public open space that would be controlled and maintained by the City and public/private open space (such as open space within a multifamily residential development) that would be open to the public, but controlled and maintained privately. We did not distinguish between the two in our former Open Space Plan. Nevertheless, the result is a potential increase in total open space area of approximately 14 acres. ® We retained the character and intent of our old Trail/Sidewalk Plan in our new Plan. The pedestrian and bicycle circulation system within the Project connects areas south of Vikings Parkway with areas north of Vikings Parkway at identified crossing points. The circulation system south of Vikings Parkway links Ames Crossing Road and Lone Oak Parkway through a multi -path looped trail network that circles existing wetlands through natural wooded areas and connects with sidewalks and trails that weave through District 4, the Vikings' Headquarters and future multifamily residential developments. In short, we have preserved the trail and sidewalk connections between wetlands and open spaces in the Project and the networked linear open space system we previously featured. ® We maintained connection points between our trail/sidewalk system and potential future regional and local trails. 5 • The looped trail system around Wetlands "F" and "G," which we formerly designated as private, is now a public trail system that connects bicyclists north of Vikings Parkway with the trail system south of Vikings Parkway via a street crossing at Wetland "I." For pedestrians, the trail around Wetlands "F" and "G" and pedestrian walkway over the land bridge now directly connects the commercial hub of the Project in District 4 to the proposed plaza area between the Stadium and Building "F" in District 3A. • If we fully construct the trail system as currently planned, the total length of the trail system will be approximately 11,540 lineal feet (less than what we previously proposed). We reduced the trail length primarily because we needed to eliminate the trail around the south shore of Wetland "H" (we do not own the land south of Wetland "H") and because we decided to reduce the trail system within District 2 to preserve natural woodlands. ® However, we increased the length of the sidewalk network in our new Plan. We now propose up to 33,090 Lineal feet of sidewalks, an increase of approximately 3100 lineal feet. This lengthy sidewalk network borders the Project and follows primary vehicular circulation routes within the Project. The sidewalk system connects uses within the Project and also connects the Project with adjacent developments and local and regional trails/sidewalks. As noted in the Original Narrative, the open space and trail system will be preserved and constructed in phases at the time each Future Phase of the Project is developed. The plans for Future Phases and the locations, shapes and sizes of buildings may shift; therefore, the specific design, location and size of preserved open spaces and trails/sidewalks will require flexibility within the Plan. Nevertheless, we view open spaces and trails/sidewalks as critical components of the Project and as a necessary Project amenity for residents, tenants and guests. C. Development Districts. To aid the City Council's review of the revised Project Master Plan, the following is a brief description of the development districts that comprise the new Project Master Plan. Proposed Project densities, phasing and character are unchanged from the Original Narrative - we have merely reconfigured Project densities within the former development districts and added a new District 3A to accommodate our second phase. 1.1 DISTRICT 1: Unchanged from the approved Project Master Plan. We envision hospitality and office uses, developed in multiple phases in response to market conditions. DISTRICT 2: Unchanged from the approved Project Master Plan. We envision multifamily residential uses, developed in multiple phases in response to market conditions. DISTRICT 3: Minor modifications from the old Project Master Plan. This is the Vikings' Headquarters (now known as the "Twin Cities Orthopedics Performance Center"). We have pulled Vikings Parkway away from the Stadium and added the plaza to improve the Stadium experience for fans. We also show Buildings "G" and "H" as potential future buildings. Except for Buildings "G" and "H," District 3 will be developed in its entirety as the Project's first phase. Grading has commenced and we anticipate receiving final entitlements to commence construction in October. DISTRICT 4: The new commercial hub of the Project. This District will primarily consist of retail, office and Conference Center Hotel (Building "A") uses. Office or multifamily residential use on top of the retail buildings is a possibility. District 4 will be built in multiple phases in response to market conditions. DISTRICT 5: Unchanged from the approved Project Master Plan, except for a minor reorganization of the buildings. We envision medium density multifamily residential uses within District 5, with the possibility of ground floor retail, built in multiple phases in response to market conditions. DISTRICT 6: Unchanged from the approved Project Master Plan. We envision higher density multifamily residential uses within District 6, built in multiple phases in response to market conditions. DISTRICT 7: As noted previously, we envision a corporate office campus on the west half of District 7, built in multiple phases in response to market conditions. The eastern half of District 7 will become dedicated open space. 7 D. District 3A. 1. Introduction. District 3A is the new front door to the Twin Cities Orthopedics Performance Center (Vikings' Headquarters) and the location of the second phase of the Project that we will develop for Twin Cities Orthopedics, P.A. This second phase will consist of two buildings (Buildings "I" and 7" described below) and it is currently in design. 2. Our Vision. We envision District 3A as a medical office campus with Vikings - affiliated and ground floor retail uses that connect with Future Phase retail uses in District 4. District 3A buildings are as follows: Building "I": A new, three story, approximately 60,000 square foot medical office building for Twin Cities Orthopedics, which may include retail uses such as a coffee shop and/or sandwich shop on the ground floor. We are targeting surface parking at a 5/1000 ratio. Building "F": A new, two story building with ground level retail (likely Vikings -affiliated uses to be determined, possibly including a Vikings Team Store and/or Vikings Hall of Fame) and a high clear second level that will be home to the Twin Cities Orthopedics Rehabilitation Center. This upper level space will permit athletes and others to rehabilitate injuries and train and requires open, high clear space to permit throwing and other training activities. Building "`E": This is a potential Future Phase. If built, Building "'E" will likely house a Vikings -affiliated specialty use to be determined (possibilities include space for the Minnesota Vikings Cheerleaders). Building "Y: This is a Future Phase and will possibly be a medical office building that connects with Building "I." This building may also include ground floor retail uses, similar to Building "I." 3. Access / Parking. Access to District 3A uses and the Twin Cities Orthopedics Performance Center (Vikings' Headquarters) will be provided by a private road E:3 (possibly named "Vikings Circle") that connects with Vikings Parkway and runs between Buildings "F" and "I." As shown on our revised Master Signage Plan attached at TAB 6, this private road is our grand entrance. We have an opportunity for Vikings' branded banners or other public art that will decorate the road and the circle leading into the Twin Cities Orthopedics Performance Center and the public parking areas for the Vikings' Headquarters. Surface parking will be shared among the buildings comprising District 3A. The mix of uses with different peak time parking characteristics will permit us to provide efficient parking. The District 3A parking field will also be made available for Stadium event parking after normal business hours and on weekends, except that 50 stalls will be exclusively reserved at all times for Twin Cities Orthopedics. 4. Security. We intend to have a security gate or gates on Vikings Circle, northwest of the circle. S. Timing. We intend to start construction of Buildings "F" and "I" in the spring of 2017, with a goal of substantially completing those buildings on or before April 1, 2018. We would like to open the Twin Cities Orthopedics Performance Center (Phase 1 of the Project) and the Twin Cities Orthopedics Medical Office Building and Rehabilitation Center (Phase 2 of the Project) for business at the same time. A. Master Signage Plan. We updated and refined our Master Signage Plan for the Project to correspond with the new Project Master Plan. Our new Master Signage Plan is attached at TAB 6. B. Tree Preservation Plan. We previously intended to remove trees on the southern part of the Site at the time we developed Future Phases in that area. Relocating Vikings Parkway causes us to remove those trees now. We updated our Tree Preservation Plan to reflect this and our new plan is included in the revised Design Guidelines Manual. 9 C. Conference Center Hotel. On August 10, 2016, we met with City staff and Eagan Convention and Visitors Bureau staff to discuss preparation of a request for Proposals (RFP) to perform the Conference Center Hotel Feasibility Study required by the conditions of our preliminary entitlements. The City is preparing a draft RFP that will be distributed to a select group of candidates. These candidates will respond to the RFP with a proposal, and then we, City staff and CVB staff will interview a select group of finalists. We will then select a consultant to perform the study. After our presentation to the City Council and the City Council's review of our new Project Master Plan, Design Guidelines Manual, Tree Preservation Plan, Open Space and Trails Plan and Master Signage Plan, we request that these revised Plans replace the old Plans that the City Council approved on June 21, 2016. We also request that the new Plans be memorialized as the approved Plans in the Planned Development Agreement between us and the City and that the City modify any existing conditions of approval that relate to our new Plans for consistency with our new Plans. Our new Plans preserve proposed Project density and improve the character and quality of the Project. We have improved (i) connections within the Project, (ii) access to and enjoyment of Project amenities and (iii) safety. These significant improvements outweigh the modest wetland and trail impacts made necessary by relocating Vikings Parkway from its current location. In short, our new Project Master Plan and other new Plans are better plans and the Project is a better project. 10 63 CD w 6 ?H 3 ug b gK� w z w 750 w w Ln z0 00 Q oto, C7 s N (w 1— I - Q_ 0z AL ■ FUTURE PHASE TIMING CHART PHASE USE DENSITY/UNITS SCENARIO 2 DENSITY/UNITS SCENARIO 3 ESTIMATED TIMING I Office 240,0001 240,0001 2016-2018 IPF 100,0002 100,0002 Stadium 84,0003 95,0003 SUBTOTAL I 424,000 435,000 II Hotel 80,400/120 120,000/200 2016-2021 MF Residentia14 196,880/164 235,053/196 Hotel/CC 190,000/200 285,000/300 Office/Meds 60,000 60,000 120,000 120,000 254,000 254,000 SUBTOTAL II 901,280 1,074.,053 III MF Residential 264,900/220 316,251/263 2021-2026 282,830/235 337,662/281 Retail 155,600 "160,000 Office/Med 50,0006 60,0006 40,000 40,000 254,000 254,000 SUBTOTAL III 1,047,330 1,167,913 IV MF Residential 235,390/196 281,034/234 2026-2030 79409n90- IM0999v2 PHASE TOTALS USE Office/Med SUBTOTAL IV Office IPF Stadium MF Res. Hotel/CC Retail DENSITY/UNITS SCENARIO 2 252,000 487,390 1,270,000' 100,000 84,000 980,000/816 270,400/320 155,600 DENSITY/UNITS SCENARIO 3 292,000 573,034 1,320,000' 100,000 95,000 1,170,000/975 405,000/500 160,000 21860,000 13,250,000 ESTIMATED TIMING Notes: 1 Currently planned at 165,000 sf, expandable to 240,000 sf. 2 Currently planned at 91,000 sf. 3 84,000 sf assumes 8,000 seats; 95,000 sf assumes 10,000 seats. 51,000-6,000 seats are currently planned. 4 Unit numbers are estimated based on 1200 sf/unit. Unit sizes may vary, depending on market conditions. 5 Combination of standard suburban office and potentially suburban medical office/clinic (non -hospital). The multiple entries are potential subphases. 6 Possibly office above retail. 7 Includes Vikings' Headquarters office building. 7840999A 1840999v2 DENSITY CHART BY DISTRICT DISTRICT USE DENSITY RANGES' 1 Office/Med Office 72,000 - 120,00 sf Hotel 60,000 - 120,000 sf (100 - 200 rooms) Retail 0 - 40,000 sf 2 MF Residential 0 - 210,000 sf (0 - 175 units) 3 Office/Med Office 165,000- 240,000 sf IPF 100,000 sf Stadium 841000 - 95,000 sf (6,000 - 10,000 seats) 3A Office/Med Office 120,000-140,000 sf Retail 20,000-30,000 sf Vikings Specialty 20,000-40,000 sf 4 Office/Med Office 226,389 240,909 sf 466,620 - 570.000 sf Dente 190,000 - 285,000 sf (200 - 300 rooms) Conf. Ctr./Hotel 155,000-570,000 sf Reta i I 5 MF Residential 660,000 - 870,000 sf (550 - 725 units) Retail 0 - 201000 sf 6 MF Residential 300,000 sf (250 units) 7 Hotel Office/Med Office i991009 169f909 601000 - 120,000 sf (100 - 200 rooms) 7-2-0220,000 - 78 0250.000 sf Notes: 'The previous chart describes maximum densities for all uses (Scenario 3*1 to correspond with the AUAR. We propose to develop these uses within the density ranges described in this Chart up to the Scenario 3 maximum density for each use.- unless an updated AUAR supports additional density. For example, if we build 40,000 sf of retail in District 1, we tests may be 7840999v2 required to reduce maximum retail density in Districts 5 and/or -74 by 40,000 sf in the aggregate so that our maximum retail density within the project does not exceed 160,000 sf as described in Scenario 3. Note that the `'Vikings Specialty" use in District 3A does not neatly fit into a use category. This is a Future Phase that we are currently designating for Vikings -affiliated use to be determined (for instance, space for the Vikings Cheerleaders). 78 7840999x2 1 Qw - .. .. ; F2 i 1 .1 � J 7 47 L C, f.-:. fr t` En Co u.l CD h C. L� z z 0 2. 40 . ..... ................ ..... i � � • I.E -E, ZE IE E )Q \ } )\ \ ( \ { y \/ \ -E 'ZA E uz 00 0 . ............... ... ........ .......... L�- ELA UY LL]� }\ )� \ /\. \\}� } \ \,� � / I.E -E, ZE IE E )Q \ } )\ \ ( \ { y \/ \ -E 'ZA E uz 00 0 . ............... ... ........ .......... L�- ELA UY WE C: c� c cn N a 7 �•- CCa> a U. 1 7.5Sz.v n C ry vn x. 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