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11/01/2016 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 1, 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 Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on February 25, 2017 at 3355 Columbia Drive F. APPROVE Temporary On -Sale Liquor License and waive the License fee for Faithful Shepherd Catholic School on February 25, 2017 at 3355 Columbia Drive G. APPROVE release of claims waiver with Franti Industries, Crum and Forster, et al. for work completed at the Fire Safety Center H. APPROVE Final Payment Contract 16-25 Denmark Avenue Rain Garden Planting I. APPROVE Telecommunications Lease Agreement with Verizon J. APPROVE Change Order #3, Contract 15-04 Sperry Telecommunications Tower K. APPROVE Minnesota Valley Transit Authority (MVTA) Bus Shelter Encroachment & Maintenance Agreement L. RECEIVE Petition to Vacate Public Drainage & Utility Easements —1256 Trapp Road (Lots 9-11, Lots 27-30, Block 2 Eagandale Center Industrial Park, and Schedule Public Hearing for December 6, 2016 M. APPROVE Change Order No. 3, Contract 15-23 Well No. 3 Pumphouse Improvements N. Item removed 0. DECLARATION of Surplus Property P. APPROVE Payment to Metro Transit for Project 1237, Cedar Grove/Hwy 77 Center Transit Station V. PUBLIC HEARINGS A. FINAL ASSESSMENTS for Project 1198, Blackhawk Forest / Centex Vermilion Additions — Street Improvements B. FINAL ASSESSMENTS for Project 1199, Red Oaks, Woodlands 4th, Verdant Hills, Verdant Acres Additions — Street Improvements C. FINAL ASSESSMENTS for Project 1200, Diffley Commons — Street Improvements D. FINAL ASSESSMENTS for Project 1201, Kingswood Ponds — Street Improvements E. FINAL ASSESSMENTS for Project 1191, Eagandale Corporate Center—Street Improvements VI. OLD BUSINESS A. ADDRESS REZONING and PRELIMINARY SUBDIVISION —Tipperary — Pulte Homes -A Rezoning from PD, Planned Development and R-1, Residential Single Family to R -IS, Small Lot Single Family and a Preliminary Subdivision upon 3.8 acres to create 11 lots located at 3800 & 3790 Dodd Road VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT—John Deere -A Planned Development Amendment to allow outdoor storage of tractors, farm implements and equipment located at 2955 Lone Oak Drive B. CONDITIONAL USE PERMITS — FleetPark, LLC — A Conditional Use Permit to allow sales and service of trucks, and a Conditional Use Permit to allow outdoor storage of trucks located at 1256 Trapp Road VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE BEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT City of EaRan Me TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: OCTOBER 28, 2016 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 1, 2016 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 1, 2016 City Council agenda, the following itemsarein order for consideration. Agenda Information Memo November 1, 2016 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. Approve Minutes Action To Be Considered: To approve the minutes of the October 10, 2016 Special City Council meeting, and October 18, 2016 regular City Council meeting as presented or modified. Attachments: (2) CA -1 October 10, 2016 Minutes CA -2 October 18, 2016 Minutes MINUTES SPECIAL CITY COUNCIL MEETING OCTOBER 10, 2016 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Bakken, Fields, Hansen and Tilley. Mayor Maguire arrived at 5:40 p.m. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Director of Parks and Recreation Pimental, Director of Communications Garrison, Public Works Director Matthys, Finance Director Pepper, IT Manager Cook, and Community Center Manager Grange. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye:4 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. JOINT MEETING WITH ADVISORY PARKS AND RECREATION COMMISSION Director of Parks and Recreation Pimental introduced the Advisory Parks and Recreation Commission members. Each of the Commissioners introduced themselves to the City Council. Director of Parks and Recreation Pimental, gave a presentation on the "State of the Parks" which addressed both the park system and the proposed Capital Improvement Plan (CIP). The Council and members of the APrC discussed the CIP. Mayor Maguire thanked the Parks and Recreation Commission for attending the meeting. It was the consensus of the Council to include the CIP on a future City Council consent agenda for formal action. 2017 EAGAN CONVENTION AND VISITORS BUREAU BUDGET AND ANNUAL UPDATE ON ECVB PROGRAMMING Communications Director Garrison introduced the item noting while the ECVB Board operates independently from the City, Section 3.2 of the Operating Agreement with the City of Eagan requires the ECVB to submit its work plan and operating budget to the City Council for its review and approval. Eagan Convention and Visitors Bureau President & CEO, Brent Cory gave an overview of the 2017 marketing priorities and proposed ECVB budget. The Council reviewed the proposed budget. The Council directed the 2017 Eagan Convention and Visitors Bureau budget to be included on a future City Council meeting consent agenda for formal consideration. Special City Council Minutes October 10, 2016 Page 2 2017 ENTERPRISE AND SPECIAL REVENUE FUND BUDGETS City Administrator Osberg introduced the item noting Council is being asked to provide direction to staff regarding the proposed 2017 Enterprise Funds and Special Revenue Fund budgets. Public Works Director Matthys walked through the Public Utilities touching on several of the highlights and changes. Director of Parks and Recreation Pimental gave an overview of the highlights and changes for the Civic Arena, Cascade Bay and the Community Center. IT Manager Cook provided several highlights and changes for AccessEagan/Fiber Infrastructure. Director of Communications Garrison gave a brief overview of the highlights and changes for E -TV. The Council and staff discussed the Enterprise Funds and Special Revenue Fund budgets. The Council directed the 2017 Enterprise Funds for Public Utilities (Water, Sanitary Sewer, Street Lighting, Storm Drainage and Water Quality), Civic Arena, Cascade Bay, Community Center, AccessEagan/Fiberinfrastructure and Special Revenue Fund for E -TV budgets to be placed on a future City Council consent agenda for formal consideration. There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 7:24 p.m. Aye:S Nay:O Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota OCTOBER 18, 2016 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, October 18, 2016 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Director of Community Development Hutmacher, Parks and Recreation Director Pimental,.Public Works Director Matthys, Police Lieutenant New, Fire Chief Scott, City Attorney Bauer, and Executive Assistant Stevenson. AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 -- - -- -City Administrator Osberg noted the addition of Item F. 3800 Dodd Road Right -of -Way Vacation under Public Hearings. RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent agenda as modified: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of October 4, 2016 regular City Council meeting as presented. B. There were no personnel items to consider at this time. C. It was recommended to ratify the check register dated September 30, and October 7, 2016 as presented. D. There were no contracts to consider at this time. E. It was recommended to approve a revised Joint Powers Agreement to provide recycling services for the cities of Eagan, Burnsville, Apple Valley, and Lakeville. F. It was recommended to direct preparation of an Ordinance Amendment to Chapter 5 to permit 'self -pour stations' in on -sale licensed premises and to amend the type of restaurants eligible for an intoxicating liquor license. G. It was recommended to approve an On -Sale Liquor and Sunday Liquor License for EI Parian Mexican Restaurant of Eagan, located at 1960 Cliff Lake Road. H. It was recommended to approve an Off -Sale 3.2 Percent Malt Liquor (Beer) License for Kwik Trip, Inc., doing business as Kwik Trip, 4600 Slater Road. City Council Meeting Minutes October 18, 2016 2 page I. It was recommended to adopt a resolution accepting a $15,000 donation from the Eagan Citizens' Crime Prevention Association (ECCPA) that will be used to reimburse the City for the purchase of a virtual shooting system. J. It was recommended to receive bids for City Contract 16-10 (Well No. 22 - Building and Equipment) and award a contract to MN Mechanical Solutions Inc. for the bid amount of $523,000.00 and authorize the Mayor and Deputy City Clerk to execute all related documents. K. It was recommended to approve a Joint Powers Agreement with the Dakota County Transportation Department for Project 1177 (Diffley Road (CSAH 30) and Nicols Road - Intersection Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. L. It was recommended to approve Cost Share, Operation and Maintenance Agreements with the property owners of 3705 Denmark Avenue, 3711 Denmark Court West, and 3715 Denmark Court West to help implement a Shoreland and Upland Buffer Project at City Pond JP -15 (adjacent to Fish Lake) through the Water Quality Cost -Share Partnership Program and authorize the Mayor and Deputy City Clerk to execute all related documents. M. It was recommended to approve a telecommunication lease agreement with New Cingular Wireless LLC, for antenna upgrade installations on a designated water reservoir site and authorize the Mayor and Deputy City Clerk to execute all related documents. N. It was recommended to authorize the preparation of a Feasibility Report by the City Engineer for - Project 1245 (Quarry Road --Street_& Utility Improvements), - - - ---- - -- - - - - O. It was recommended to approve a Comprehensive Guide Plan Amendment from HD (High Density) to QP (Public/Quasi-Public) upon approximately 4 acres located at 4230 Blackhawk Road. It was recommended to approve a Rezoning from PD, Planned Development to PF, Public Facilities, upon approximately 4 acres located at 4230 Blackhawk Road. P. It was recommended to approve a Final Plat (Cedar Grove Townhomes 4th Addition) for property located south of Cedar Grove Parkway and east of Nicols Road. Q. It was recommended to approve the Final Planned Development, Easement Vacation and Final Subdivision subject to the execution of the Final Planned Development Agreement, Tree Preservation Plan Agreement, Open Space Easement and Trail Plan Agreement, Master Sign Agreement, Traffic Improvement Escrow Agreement, Event Travel Demand Management Plan Agreement, Development Contract and Easement Vacation for (Viking Lakes) - MV Eagan, LLC. PUBLIC HEARINGS Final Assessment Hearings - Street Improvements for: Project 1202, Eagan Business Commons (Commers Drive), Project 1142, Nicols Road (Silver Bell Road to 1,235' North) Project 1194, Whispering Woods 9th, 11th -13th Additions, Project 1195, Oslund Timberline/McCarthy Ridge, Project 1197, Cedar Grove 4th Addition Public Works Directory Matthys gave an overview of Projects 1202, 1142, 1194, 1195 and 1197. Matthys noted the Final Assessment Roll was presented to the City Council on September 20, 2016, with a public hearing scheduled for October 18, 2016, to formally present the final costs associated with these public improvements to the affected benefitting properties. City Council Meeting Minutes October 18, 2016 3 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the Public Hearings and approve the Final Assessment Rolls for Project 1202 (Eagan Business Commons (Commers Drive) — Street Improvements), Project 1142, Nicols Road (Silver Bell Road to 1,235'North), Project 1194, Whispering Woods 9th'11th -13th Additions, Project 1195, Oslund Timberline / McCarthy Ridge, and Project 1197, Cedar Grove 4th Addition, and authorize its certification to Dakota County for collection. Aye:S Nay:O Right -of -Way Vacation — 3800 Dodd Road City Administrator Osberg introduced the item noting the Council is being asked to close the public hearing and continue action to vacate excess public right-of-way at 3800 Dodd Road to coincide with future City Council consideration of the final plat of Tipperary Addition. Public Works Director Matthys gave a staff report and provided a site map. The applicant, Paul Heuer, Pulte Homes, was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and continue action to vacate excess public right-of-way at 3800 Dodd Road (near Wescott Road) to coincide with future City Council consideration of the final plat of Tipperary Addition, There was no old business to be heard. OLD BUSINESS NEW BUSINESS Rezoning, Preliminary Subdivision and Variance — Pulte Homes City Administrator Osberg introduced the item noting the Council is being asked to consider a rezoning from Planned Development, and R-1, Single-family Residential, to R -IS, Residential Single-family Small Lot district on approximately 3.8 acres, and a Preliminary Subdivision consisting of 11 lots, and a variance to the maximum cul-de-sac length of 500 feet for two cul-de-sacs of 745' and 620' for property at 3790 and 3800 Dodd Road, City Planner Ridley gave a staff report and provided a site map. Paul Heuer, Pulte Homes, introduced himself and gave an overview of the proposal. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes October 18, 2016 4 page The Council discussed the rezoning, preliminary subdivision and variance. Councilmember Bakken and Fields stated they were in favor of the proposed development design but were concerned with the development being zoned R -IS noting they would rather see it zoned Planned Development. Bakken and Tilley also noted some concerns with having a single development in two municipalities. After further discussion about the purpose of the R -1S Zoning District and potential precedent, members Bakken and Fields stated their preference for Planned Development zoning. Mayor Maguire asked the applicant how he would like to proceed. Mr. Heuer stated they would not like to see a denial, and if indeed they would not get the three votes necessary for approval, they would request the item be tabled. Members Bakken, Fields and Tilley all stated their support for Planned Development zoning and a preference to table the item indefinitely to allow the developer time to modify the request from R -IS zone to a Planned Development. Additionally, it was requested that the City Administrator inquire with Inver Grove Heights about their interest in Eagan annexing the portion of the neighborhood that is located in Inver Grove Heights. It was noted that annexation would only be considered if Inver Grove Heights was open to doing so. Councilmember Bakken moved, Councilmember Fields seconded a motion to table the item indefinitely at the request of the applicant. Aye: 5 Nay: 0 Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development, And Preliminary Subdivision — United Properties Development, LLC City Administrator Osberg introduced the item noting the Council is being asked to consider approval of a comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Special Area/Major Office to Special Area/Mixed Use, a Rezoning from Agricultural to Planned Development, a Preliminary Planned Development to establish a mixed use development with commercial and multi -family residential uses, and a Preliminary Subdivision to create four lots upon approximately 24 acres located at 1555 Yankee Doodle Road. City Planner Ridley gave a staff report and provided a site map. Rick McKelvey, United Properties Development LLC, noted United Properties is a senior housing and commercial developer, and have partnered with others to do the market rate apartments and hotel portions of this development. Mayor Maguire opened the public comment. Creig Andreasen, Bernick Lifson Law Firm, representing Gramercy Park Cooperative in Eagan, spoke to concerns regarding access to Quarry Park, walkability for the new proposed road, buffers, and traffic. Bob Burkhart spoke in favor of the development. Marianne Fletcher, member of the Steering Committee for Eagan Forward, noted her excitement of the development and how it meets several objectives of Eagan Forward. There being no further public comment, he turned the discussion back to the Council. City Council Meeting Minutes October 18, 2016 5 page The Council discussed the proposed development. The Council directed staff to incorporate pedestrian improvements at the intersection of Central Parkway and Quarry Road as part of the feasibility report for Project 1245 (Quarry Road —Street & Utility Improvements). Councilmember Hansen moved, Councilmember Tilley seconded a motion to implement a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from SA/MO (Special Area/Major Office) to SA/MU (Special Area/Mixed Use) for approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning from Agricultural, to PD, Planned Development, upon approximately 24 acres located at 1555 Yankee Doodle Road, north of Yankee Doodle Road and between Coachman Road and Central Parkway. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Preliminary Planned Development to establish a mixed use development with commercial and multi -family residential uses, upon approximately 24 acres located at 1555 Yankee Doodle Road, north of Yankee Doodle Road and between Coachman Road and Central Parkway, subject to the conditions listed: Aye:S Nay:O 1. A Preliminary Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. The Preliminary PD Agreement shall contain the following plans. The following plans shall be revised and submitted as Master Development Plans prior to Final Subdivision and Final Planned Development approval. • Preliminary Site Plan • Preliminary Building Elevation Plans • Preliminary Landscape Plan • Preliminary Site Lighting 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 and shall be consistent with the approved master plans for the Preliminary Planned Development. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Lighting Plan • Final Signage Plan Platting 3. The property shall be platted. Term 4. The Planned Development shall have a 5 -year term. Uses 5. Unless otherwise approved through the Planned Development, R-4 zoning standards shall apply to the two multi -family lots (Lots 1 & 2, Block 1), and CSC zoning standards shall apply to the two commercial lots (Lots 1 & 2, Block 2). City Council Meeting Minutes October 18, 2016 6 page 6. Uses that are considered conditional uses in CSC zoning districts shall be subject to a Planned Development Amendment and allowed only if such Amendment is approved by the City. Signage 7. All signage shall be subject to City Code standards. For free-standing signs, a Final Sign Plan shall be provided at the time of Final Planned Development for each lot. 8. All building address numbers shall be determined by the City at the time of Final Subdivision. Building identification numbers shall be installed consistent with the City Code Section 2.78. Buildings 9. Detailed Final Building Elevations shall be provided at the time of Final Planned Development for each lot and building. All buildings are subject to compliance with the City Code standards for design and material finish requirements, which shall be demonstrated at the time of Final Planned Development. 10. The hotel building shall be subject to compliance with City Code standards, and revised Final Building Elevations provided at the time of Final Planned Development. 11. A building height maximum of 35' shall apply to the retail building on Lot 2 Block 2. _12. -All trash storageareas shall be_attached-to _the -principal -buildings -for commercial-uses,,—or — - — — located within the principal building for the multi -family residential uses. The trash storage area shall be of a size that can accommodate trash, recyclable materials and (for retail and commercial) composting materials storage, and constructed in accordance with City Code design requirements. 13. All mechanical equipment shall be screened from public view per City Code requirements. New construction shall provide a 30" minimum parapet height for screening of rooftop equipment. Ground equipment and screening shall be shown on the Final Site Plan. 14. The applicant shall provide required additional storage space and recreational space for the multi -family buildings, per City Code requirements, to be identified on the final plans and compliance demonstrated at the time of Final Planned Development. Landscaping & Tree Preservation 15. A revised Final Landscape Plan shall be submitted at the time of Final Subdivision. Thye Final Landscape Plan shall include enhanced foundation plantings and screening of parking lots from public rights-of-way on all lots. Overstory trees shall be planted within parking islands wherever possible to maximize shade coverage of pavement areas. Also, trees shall be placed so as not to conflict with pole lighting or utilities such as water main or hydrants. 16. A combined Overall Planting Plan, incorporating both the landscape and mitigation plantings, shall be provided at the time of Final Subdivision. 17. The applicant shall fulfill tree mitigation requirements through the installation of one -hundred sixty-six (166) Category A trees. 18. The applicant shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 19. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. City Council Meeting Minutes October 18, 2016 7 page 20. A Final Site Lighting Plan will be required for each of the lots at time of Final Planned Development, and is subject to compliance with City Code standards. Final Site Lighting Plans shall include building mounted lights as well as the pole -mounted lighting. Grading/Topography 21. 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. Stormwater Management/Water Quality 22. The applicant shall provide a minimum of 15 -foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from parking lot or street -edge to all stormwater facilities' inlets/outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the pond and infiltration basin. 23._ 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 Volume Control (Alternative #2) 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). 24. The applicant shall provide adequately sized pre-treatment (e.g. 4' sump with scour protection and skimmer hood, etc.) at, or immediately upstream of, all stormwater management facilities (e.g. pond and sub -surface infiltration chamber gallery) 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). 25. The applicant shall provide unobstructed maintenance equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.) through private drive aisles/parking lots and from pavement -edge to all surface stormwater facilities' inlets/outlets. The 15 -feet width unobstructed equipment access path shall be capable of fully supporting typical maintenance equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape/Tree Mitigation Plans do not conflict with this access requirement. 26. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with soil boring logs from a minimum of three soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over- excavation/soil-amendment depth, etc.) to maximize volume control provided. 27. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed sub -surface infiltration/filtration chamber gallery system for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration/filtration system cross-section(s), acceptable non -limestone rock base material and depth, limits of bottom fabric, etc. to ensure infiltration/filtration practice is City Council Meeting Minutes October 18, 2016 8 page properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly maintained 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, Details, etc.). 28. During sub -surface infiltration chamber gallery system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 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 applicant shall immediately notify the City Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices (City Water Resources staff contact/instructions shall be clearly/prominently listed on appropriate plan sheets). 29. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed stabilization and revegetation plans for a diverse native plant buffer around the proposed pond and existing wetland, for City review and acceptance by the City Engineer, and clearly identified and detailed in the Landscape Plans. The applicant shall provide clear assurances that the pond buffer planting will be appropriately planned, installed, and established (including_a2-year establishment/maintenance period) -by -an experienced -native -- plant buffer restoration contractor. 30. 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, sod, permanent seeding or plant materials, 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.). 31. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples/soil organic content and pH, and compaction testing 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, sod, permanent seeding or plant materials„ to verify soil compliance. Provide plan sheet notes/instructions on all applicable plan sheets. (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 32. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the Owner of the parcel with the private sub -surface infiltration/filtration chamber gallery shall enter into a long-term stormwater management 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. 33. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities City Council Meeting Minutes October 18, 2016 9 page (sumps, pond, sub -surface infiltration chamber gallery, etc.) and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for pond dead/live storage and retention/infiltration temporary storage) shall be provided for the stormwater storage practices. 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. Utilities 34. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 35. All well and septic systems within the development shall be abandoned in accordance with City and County standards. Telecommunications 36. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final Subdivision. Access/Streets 37. The extension of Quarry Road through the development shall be the responsibility of the developer. 38. The extension of Quarry Road, from Central Parkway to the west edge of the property, shall be designed with horizontal/vertical curvature in accordance with City engineering standards, and match the alignment of existing right-of-way on the properties to the east and west. 39. The west end of Quarry Road shall be designed with an alignment that is acceptable to the City Engineer. 40. "No Parking/Fire lane" signage shall be installed along all private streets within the development. Easements/Rights-of-Way/Permits 41. The developer shall provide private maintenance agreements and cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of final subdivision approval. 42. A trail easement shall be provided for any public trail that is not located in public right-of-way. Parks and Recreation 43. This development is subject to cash park dedication for all four lots, payable at the time of Building Permit at the rates then in effect. 44. This development is subject to trail dedication to be fulfilled through a combination of the construction of on-site trails and cash dedication. On-site trails determined to have public benefit will be credited toward the cash dedication otherwise due. The final trail dedication calculations will be performed at the time of final subdivision, with trail construction to be secured through the development contract, and any cash trail dedication amount collected prior to release of the plat for recording. City Council Meeting Minutes October 18, 2016 10 page Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Quarry Road Addition) to create four lots upon approximately 24 acres located at 1555 Yankee Doodle Road, north of Yankee Doodle Road and between Coachman Road and Central Parkway, subject to the following conditions: Aye: 5 Nay: 0 Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, B2, B3, B4, C1, C2, C3, C4, D1, E1, F1, G1, H1, 11, 2. The property shall be platted. Platting 3. The property shall be platted. 4. All building address numbers shall be determined by the City at the time of Final Subdivision. Building identification numbers shall be installed consistent with the City Code Section 2.78. Landscaping & Tree Preservation 5. A revised Final Landscape Plan shall be submitted at the time of Final Subdivision. The Final Landscape Plan shall include enhanced foundation plantings and screening of parking lots from public -rights -of -way -on -all -lots. -Overstory-tr-ees-shall-be-planted-within-parking islandswherever- - possible to maximize shade coverage of pavement areas. Also, trees shall be placed so as not to conflict with pole lighting or utilities such as water main or hydrants. 6. A combined Overall Planting Plan, incorporating both the landscape and mitigation plantings, shall be provided at the time of Final Subdivision. 7. The applicant shall fulfill tree mitigation requirements through the installation of one -hundred sixty-six (166) Category A trees. 8. The applicant shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 9. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Grading/Topography 10. 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. Stormwater Management/Water Quality 11. The applicant shall provide a minimum of 15 -foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from parking lot or street -edge to all stormwater facilities' inlets/outlets. The unobstructed equipment access City Council Meeting Minutes October 18, 2016 11 page path shall be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the pond and infiltration basin. 12. 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 Volume Control (Alternative #2) 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). 13. The applicant shall provide adequately sized pre-treatment (e.g. 4' sump with scour protection and skimmer hood, etc.) at, or immediately upstream of, all stormwater management facilities (e.g. pond and sub -surface infiltration chamber gallery) 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). 14. The applicant shall provide unobstructed maintenance equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.) through private drive aisles/parking lots and from pavement -edge to all surface stormwater facilities' inlets/outlets. The 15 -feet width unobstructed equipment access path shall be capable of fully supporting typical maintenance equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape/Tree Mitigation Plans do not conflict with this --- -access-requirement. - --- -- - - - - -- 15. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with soil boring logs from a minimum of three soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over- excavation/soil-amendment depth, etc.) to maximize volume control provided. 16. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed sub -surface infiltration/filtration chamber gallery system for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration/filtration system cross-section(s), acceptable non -limestone rock base material and depth, limits of bottom fabric, etc. to ensure infiltration/filtration practice is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly maintained 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, Details, etc.). 17. During sub -surface infiltration chamber gallery system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 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 applicant shall immediately notify the City Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices (City Water Resources staff contact/instructions shall be clearly/prominently listed on appropriate plan sheets). 18. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed stabilization and revegetation plans for a diverse native plant buffer around the City Council Meeting Minutes October 18, 2016 12 page proposed pond and existing wetland, for City review and acceptance by the City Engineer, and clearly identified and detailed in the Landscape Plans. The applicant shall provide clear assurances that the pond buffer planting will be appropriately planned, installed, and established (including a 2 -year establishment/maintenance period) by an experienced native plant buffer restoration contractor. 19. 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, sod, permanent seeding or plant materials, 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.). 20. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples/soil organic content and pH, and compaction testing 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, sod, permanent seeding or plant materials„ to verify soil compliance. Provide plan sheet notes/instructions on all applicable plan sheets. (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 21. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the Owner of the parcel with the private sub -surface infiltration/filtration chamber gallery shall enter into a long-term stormwater management 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. 22. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, pond, sub -surface infiltration chamber gallery, etc.) and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for pond dead/live storage and retention/infiltration temporary storage) shall be provided for the stormwater storage practices. 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. Utilities 23. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 24. All well and septic systems within the development shall be abandoned in accordance with City and County standards. City Council Meeting Minutes October 18, 2016 13 page Telecommunications 25. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final Subdivision. Access/Streets 26. The extension of Quarry Road through the development shall be the responsibility of the developer. 27. The extension of Quarry Road, from Central Parkway to the west edge of the property, shall be designed with horizontal/vertical curvature in accordance with City engineering standards, and match the alignment of existing right-of-way on the properties to the east and west. 28. The west end of Quarry Road shall be designed with an alignment that is acceptable to the City Engineer. 29. "No Parking/Fire lane" signage shall be installed along all private streets within the development. Easements/Rights-of-Way/Permits — 30. The developer shaII-provide-private-maintenance- agree ments-and cross-easements-for- ingress/egress ross=easements#oringress/egress and shared parking, in a form acceptable to the City Attorney, at time of final subdivision approval. 31. A trail easement shall be provided for any public trail that is not located in public right-of-way. Parks and Recreation 32. This development is subject to cash park dedication for all four lots, payable at the time of Building Permit at the rates then in effect. 33. This development is subject to trail dedication to be fulfilled through a combination of the construction of on-site trails and cash dedication. On-site trails determined to have public benefit will be credited toward the cash dedication otherwise due. The final trail dedication calculations will be performed at the time of final subdivision, with trail construction to be secured through the development contract, and any cash trail dedication amount collected prior to release of the plat for recording. The Council took a 10 minute break. Planned Amendment Development and Preliminary Subdivision (Blue Ridge Eighth Addition) — PLC, LLC City Administrator Osberg introduce the item noting Council is being asked to consider approval of a Planned Development Amendment for the development of a four-story hotel located at 2900 Lone Oak Parkway, and a Preliminary Subdivision to create two lots upon approximately 12 acres. City Planner Ridley gave a staff report and provided a site map. Ted Gonzier, applicant, stated the developer has been looking for a location in Eagan and is excited about the site and is available for questions. City Council Meeting Minutes October 18, 2016 14 page The Council discussed the proposed development, stay & fly parking and the proposed parking shortage. Mayor Maguire opened the public comment. Don Becker, MV Eagan Properties, noted a conference hotel feasibility study is currently underway for the Vikings Lake development. Mr. Becker questioned the feasibility of a conference center hotel if another hotel is built on site or in the vicinity. There being no further public comment, he turned the discussion back to the Council. Mayor Maguire acknowledged the feasibility study and suggested the study would take into account the potential dynamic of additional hotel development in the City. After further discussion, several Councilmembers stated their concerns regarding the parking shortage, size of parking stalls and the use as a park/stay and fly as reasons they could not support the amendment as presented. The applicant stated they could pick up additional parking if they revised the plan. Mayor Maguire noted he would be open to reviewing a revised plan at a future meeting. Councilmember Bakken moved, Councilmember Fields seconded a motion to direct preparation of Findings of Fact for denial of a Planned Development Amendment for the development of a four-story hotel located at 2900 Lone Oak Parkway, legally described at Lot 1, Block 1, Blue Ridge Third Addition. Aye: 2 Nay: 3 (Maguire, Hansen, Tilley) Motion failed. Councilmember Tilley moved, Councilmember Hansen seconded a motion to continue the item to the December 6, 2016 regular City Council meeting. Aye: 3 Nay: 2 (Bakken, Fields) LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire acknowledged that Jessica Harper, currently an editor for Sun Thisweek, will be leaving and wished her good luck. 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. City Council Meeting Minutes October 18, 2016 15 page ADJOURNMENT Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:45 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo November 1, 2016 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items "ALTA Action To Be Considered: Authorize the hiring of a Recreation Programing Supervisor, to be named. Facts: This position was approved for replacement on September 20, 2016. ITEM 2. Action To Be Considered: Accept the resignation and authorize the recruitment and replacement of Police Officer Austin Akervik. Facts: Officer Akervik was hired June 6, 2016. ITEM 3. Action To Be Considered: Authorize the hiring of an Accounting Intern, to be named. ITEM 4. Action To Be Considered: Accept the resignation of Jonathan Windgate, PT Custodian at ECC and approve the recruitment and replacement of this position. Agenda Information Memo November 1, 2016 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated October 14 and 21, 2016 as presented. Attachments: (2) CC -1 Check register dated October 14, 2016 CC -2 Check register dated October 21, 2016 Agenda Information Memo November 1, 2016, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts: ➢ The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved: Hunger Solutions EBT and Market Bucks Initiative Winter Agreement for Indoor Market ➢ Collateral Control Agreement between Minnesota Vikings Football, LLC, U.S. Bank National Association and City of Eagan Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo November 1, 2016, Eagan City Council Meeting CONSENT AGENDA E. Approve Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on February 25, 2017 at 3355 Columbia Drive Action To Be Considered: To approve an Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on February 25, 2017 at 3355 Columbia Drive Facts: ➢ Faithful Shepherd Catholic School has applied for an Exempt Permit with the Gambling Control Board to hold a raffle on February 25, 2017, ➢ All requirements for the application have been met and staff deems it in order for approval, Attachments: (1) CE -1 Resolution RE,SOLUTION NO. _ CITY OF EAGAN WHEREAS, Faithful Shepherd Catholic School as applied for an Exempt Permit to conduct a raffle on February 25, 2017; and, WHEREAS, the Eagan Police Department has reviewed the application and has not identified an reason to deny; and, . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, hereby approves the Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on February 25, 2017 at 3355 Columbia Drive. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Attest: Its Clerk I, Cheryl Stevenson, Deputy 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 1St day of November, 2016. Cheryl Stevenson, Deputy City Cleric Agenda Information Memo November 1, 2016, Eagan City Council Meeting CONSENT AGENDA F. Approve Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School on February 25, 2017 at 3355 Columbia Drive Action To Be Considered: To approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School on February 25, 2017 at 3355 Columbia Drive Facts: ➢ Faithful Shepherd Catholic School (FSCS) has requested a temporary on -sale liquor license be issued to them for their Gala for Giving event on February 25, 2017. The event will take place at the school, located at 3355 Columbia Drive. ➢ FSCS has requested that the $150 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety -Alcohol and Gambling Enforcement Division for final approval. Attachments: (1) CF -1 Letter from FSCS FAITHFUL SHEPHERD Faithful Shepherd Catholic School 13355 Columbia Drive I Eagan, MN 55173 Phone 651.406.4747 1 Fax 651.106.4743 i fscsmn.org October 18, 2016 Dear City Council Members: I respectfully request that the Eagan City council waive the application fee for the temporary liquor license to be used on February 25, 2017. We are holding our Gala for Giving at Faithful Shepherd Catholic School and Tri -Parish Center. The purpose of the event is fundraising. All proceeds will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcoholic beverages. ➢ The designated property of the event will be limited to the school grounds, which includes the school building. The following security measures will be taken to ensure proper safety in enforcing alcohol beverage sale and consumption laws, crowd control, public safety, and check the ages and . identification of all attendees. No person under the age of 21 will be sold or served alcoholic beverages. ➢ No person will sell or give alcoholic beverages to an obviously intoxicated person. ➢ All persons who consume, purchase, or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from an approved vendor list provided by the City of Eagan). ➢ The Welcome Committee will verify proper photograph identification for those individuals that are under the age of 21. ➢ No person selling alcohol shall be intoxicated during his or her work shift. ➢ Licensee will post signs at all entrances of the school to notify the public that sales and consumption of alcoholic beverages by person's under the age of 21 or to person intoxicated is prohibited. ➢ Licensee will provide volunteer private security to monitor the licensed area. ➢ Licensee will follow the designated. hours listed in the City of Eagan procedures. ➢ Licensee will designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The on-site manager will complete training in alcohol. beverage service and will train server and security personnel in the same. If you have any questions, I can be reached at (65.1) 406-4747. Thank you for your consideration. Respectfully s irzitted. Mike Randall Executive Director Agenda Information Memo November 1, 2016, Eagan City Council Meeting CONSENT AGENDA G. Approve release of claims waiver with Franti Industries, Crum and Forster, et al. for work completed at the Fire Safety Center Action To Be Considered: To approve a release of claims waiver with Franti Industries, Crum and Forster, et al. for work completed at the Fire Safety Center Facts: ➢ Insulation was installed at the Fire Safety Center in August 2015. The newly installed product resulted in water damage on site. ➢ The contractor's insurance paid to remedy the water damage. ➢ The contractor's insurance company requested the City sign a release of claims waiver. ➢ The waiver has been reviewed by the City Attorney's office and is in order for consideration. Attachments: (1) G-1 Release of Claims Claim No. 11721 FM -1 FULL AND COMPLETE RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION of the sum of $21,892.00 dollars ($21,892.00) payable to S&K Mc, Inc., a Minnesota corporation d/b/a Arcade Electric Company, the City of Eagan (the "City"), does hereby release, acquit, hold harmless, and forever discharge Frantl Industries, Inc., Crum & Forster and all of their respective agents, servants, employees, officials, subsidiaries, partnerships, successors, assigns or estates and any other persons, corporations or entities (all hereinafter collectively referred to as 'Releasees") which might be charged with responsibilities for injuries to the person or property or both of the undersigned, of and from any and all claims, actions, causes of action, liens known or unknown, demands of whatsoever nature and kind, whether in law or equity or for damages, that the City may now have against the Releasees as a result of an accident, casualty, incident, occurrence or event that occurred on or about the 3rd day of August, 2015 at or near the Fire Safety Campus, 1001 Station Trail, Eagan, MN 55123. That this release is an instrument in settlement of a doubtful and disputed claim and that no liability or responsibility is admitted by any party whomsoever, That this release extends and applies to and also covers and includes all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability, and the consequences thereof, as well as those now disclosed and known to exist. That this release is the entire, complete, sole and only understanding and agreement of, by and between the City and Releasees pertaining to and concerning the subject matter and ---- thingsexpressed-herein;-and there-are-no-independent;-collateral-different,—additional-or other understandings, — or agreements, oral or written, or obligations to be performed, things to be done, or payments to be made; and further, no promise, inducement or consideration other than the payment of the above stated amount has been made or agreed upon by or on behalf of Releasees, or any of them. BY SIGNING THIS RELEASE EACH RELEASOR DOES HEREBY ACKNOWLEDGE AND ATTEST: That said release was first carefully read in its entirety by him/her or to him/her, and was and is understood and known to be a full and final compromise, settlement, release, accord and satisfaction, and discharge of all claims, actions and causes of actions and suits, as above stated; that said release was signed and executed voluntarily and without reliance upon any statement or representation of or by any Releasee, or any representative or agent of same, concerning the nature, degree and extent of said damages, loss or injuries, or legal liability therefore; that said release contains the entire agreement of and between all of the parties mentioned therein, and that all of the terms and provisions of said release are contractual and not a mere recital; that each undersigned is of legal age and capacity and competent to sign and execute said release and accepts full responsibility therefore. Page 1 of 2 Dated: 2016 City of Eagan By: Mike Maguire Its: Mayor By: Cheryl Stevenson Its: Deputy Clerk - - - STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument -was -acknowledged before me -this— ---day-of - - , 2016; - - by Mike Maguire and Cheryl Stevenson, the Mayor and Deputy Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary public Page 2 of 2 Agenda Information Memo November 1, 2016 Eagan City Council Meeting CONSENT AGENDA H. Contract 16-25, Denmark Avenue Rain Gardens Renovation - Phase 2 Action To Be Considered: Approve the final payment for Contract 16-25 (Denmark Avenue Rain Gardens Renovation - Phase 2) in the amount of $180.10 to Outdoor Lab Landscape Design, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Phase 1 of the project was completed in June 2016 and included deepening basins, adding check dams, removing metal sediment boxes and fieldstone boulders, and installing temporary erosion control and edging. ➢ Contract 16-25 provided for the second and final phase of the renovation and - includes dividing and replanting existing perennials, adding new perennials and vegetative check dams, and distributing shredded wood mulch. ➢ On September 6, 2016, the City Council awarded the contract to Outdoor Lab Landscape Design, Inc., for the base bid of $3,602.00. ➢ 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 November 1, 2016 Eagan City Council Meeting CONSENT AGENDA I. Telecommunications Lease Agreement Verizon Wireless Action To Be Considered: Approve a telecommunication lease agreement with Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for antenna upgrade installations on a designated water reservoir site and authorize the Mayor and Deputy City Clerk to execute all related documents. Facts: ➢ The City has received an application from Verizon Wireless (VAW) LLC d/b/a Verizon Wireless for the upgrade of wireless communication system antennas on the Southern Lakes reservoir site located at 10656 Alton Court. - - - - ➢ -The amendment of -an existing agreement has been revfewed-by the City's - - Engineering Consultant, Radio Communication Consultant, City Attorney's Office and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. Attachments (1) CI -1 Lease Agreement Landlord Site Name: Southern Lakes Tenant Site Name: MIN Alton Tenant Site Number: LEASE AGREEMENT This Lease Agreement ("Lease" or "Agreement") is entered into by and between the City of Eagan, a Minnesota municipal corporation, ("Landlord") and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, a Delaware limited liability company ("Tenant") as of the Commencement Date, defined below. The Landlord and Tenant are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". In consideration of the terms and conditions of this Agreement, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant exclusive and non-exclusive portions of ground space ("Leased Premises" or "Premises") and certain space -on Landlord's-water-reservoir/water-- tower .("Reservoir") all as particularly described in Exhibit B ("Site Plan"). The Leased Premises is located on Landlord's property located at 10656 Alton Court, City of Inver Grove Heights County of Dakota, State of Minnesota, legally described in Exhibit A attached hereto (the "Property"), subject to any and all existing easements, leases and encumbrances. Tenant intends to locate and place directional antennas, connecting cables and appurtenances, including radio telephone equipment on the Reservoir and place or construct an equipment building or cabinets on the Property ("Antenna Facilities"), the exact location of each to be approved by Landlord's Public Warks Director. Landlord provides no guarantee of accuracy of information provided prior to plan approval by Landlord. Tenant shall field verify any as-builts provided by Landlord. 2. Term/. Renewals. The term of this Lease shall be ten (10) years, commencing on the date that Landlord signs this Lease (the "Commencement Date") and ending on the date that is (10) years after the Commencement Date. Tenant shall have the right to extend the term of this Lease for three (3) additional terms of five years each (each a "Renewal Term"). The terms and conditions for each Renewal Term shall be the same terms and conditions as in this Lease, except that the Rent shall be increased as set forth hereinbelow. This Lease shall automatically be extended for each successive five (5) year Renewal Term unless the Tenant notifies Landlord in writing of Tenant's intention not to renew this Lease at least sixty (60) days prior to the expiration of the first term or any Renewal Tenn. 3238535v1 3. Rent and Pees. a. As of the Commencement Date, Landlord and Tenant agree that this Agreement replaces the Lease Agreement dated November 28, 2001, between Landlord and Tenant, as amended by the Amendment No. 1 to Lease Agreement dated April 1, 2003, Second Amendment to Lease Agreement dated April 5, 2005, Amendment No. 3 to Lease Agreement, and Amendment to Lease Agreement dated January 5, 2010 referenced by Tenant as Contract #IPTG 38141(the "Terminated Agreement"). b. The annual rent rate for 2016 is $54,542.46. Landlord and Tenant acknowledge and agree that Tenant made an annual rent payment of $54,542.46 for 2016 pursuant to the Terminated Agreement and that no additional rent is due under the Terminated Agreement or this Lease for 2016. The annual rent for 2017 and subsequent years shall be paid annually in advance on January 1, without invoice. For each additional antenna, microwave/satellite dish or coaxial cable, radio unit attached to the Reservoir over the initial array described in Exhibit B, Tenant shall pay additional rent in the amount required by Landlord's then current fee schedule. Any additional rent for any additional equipment shall increase annually under the same terms provided herein and shall become part of the Base Rent. In addition, Tenant agrees to pay its "proportionate share" of any real estate taxes or payment in lieu of taxes required as a result of this Lease within thirty (30) days of notification by the Landlord. Tenant's "proportionate share" of real estate taxes shall be the percentage determined by dividing the amount of Tenant's exclusive space on the Reservoir by the total amount of space leased on the Reservoir. The Base Rent and all other sums owing to Landlord hereunder which are not paid within thirty (30) days after their due date shall accrue interest from the due date at the rate of one and one-half percent (1 '/2%) per month, which interest shall be paid immediately with the delinquent rent payment and/or any other sums due and owing under this Lease. C. The annual rent shall be increased annually effective January 1st, by the greater of (i) six (6%) of the previous year's annualized Base rent, or (ii) an amount equal to the increase in the Consumer Price Index ("CPI"); provided, however, that the maximum annual increase in any year shall not exceed eight percent (8%). The CPI shall mean the "Consumer Price Index - for all Urban Consumers, All Cities, All Items (1967- 100)" as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding calendar year and the denominator of which shall be the CPT for the corresponding third quarter one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage figure shall be multiplied by the previous year's rent. 2 bIIN Alton Lease Agreement 3238535vl d. If this Lease is terminated at a time other than on the last day of the year, annual rent shall be prorated as of the date of termination except for any termination that allows Landlord to receive liquidated damages. Notwithstanding the foregoing, Landlord shall be permitted to collect rent until Tenant or Landlord has removed all of Tenant's Antenna Facilities, equipment and improvements located on the Property. Tenant may not add any additional equipment and/or antennas, cables, or other improvements in excess of those shown on the Site Plan attached as Exhibit B, without the prior express written approval of the Landlord. e. Tenant shall pay for all costs of Landlord's inspections and installation project management costs for this project within thirty (30) days after Landlord sends and invoice for such fees to Tenant. In addition to consulting and engineering inspection costs, Tenant shall reimburse Landlord for all costs associated with reviewing Tenant's application, this Lease and approving Tenant's application, including but not limited to all attorney's fees, staff and administrative review time and third party consultant fees and. expenses. Tenant shall further be responsible for all attorney's fees, review fees, inspection costs, consulting fees and any other sums incurred by Landlord in connection with any future amendments of this Lease or any defaults by Tenant under this Lease, -includingbut-not -limited-to failing -to -keepits Antenna Facilities in good repair and proper working order or failing to pay any sums owed hereunder. All fees and invoices must be paid within thirty (30) days after Landlord sends Tenant an invoice for the same. f. Tenant shall reimburse Landlord for all of Landlord's costs and expenses in connection with the preparation and negotiation of this Lease and any future amendments of the Lease, including but not limited to, attorney's fees, third party consultant fees, staff administrative time, and any other related fees and costs (collectively, "Landlord Expenses"). Tenant shall pay all of Landlord's Expenses within thirty (30) days after Landlord submits an invoice to Tenant for Landlord's Expenses identifying such Landlord Expenses. g. If Tenant fails to pay rent or any other sums owed to Landlord under the Lease when due, Tenant shall pay to Landlord interest on such sums at the rate of eighteen percent (18%) per annum plus a late fee (to cover Landlord's administrative expenses with such late payment) of Two Hundred and 00/100 Dollars ($200.00) per month until all sums owed to Landlord have been paid in full. Tenant shall also be responsible for any attorney's fees, administrative expenses, collection costs and any other sums incurred by Landlord if Tenant fails to timely pay all sums owed to Landlord within the applicable time periods set forth in the Lease. Any failure to pay any sums owed within the applicable time periods set forth here shall be a material default under the Lease. The terms of this paragraph shall survive the expiration or earlier termination of the Lease. 3 MIN Alton Lease Agreement 3238535vl 4. Propp ty Use, Tenant may use the Property and Reservoir for installation, operation, and maintenance of its Antenna Facilities and Antenna Facilities including equipment buildings or cabinets for the transmission, reception and operation of a communication use incidental thereto, and for the storage of related equipment in accordance with the terms of this Lease but only to the extent shown on Exhibit B attached hereto. This use shall be non-exclusive except that Landlord may not lease Tenant's exclusive Leased Premises to others. Tenant's use shall consist of antennas attached to the Reservoir, along with cables, appurtenances and an equipment building or cabinets connected to such of Landlord's ground facilities as may be provided in the Site Plan attached as Exhibit B. Tenant may only erect and operate Tenant's Antenna Facilities and the Antenna Facilities as shown on the Site Plan attached as Exhibit B. Tenant may expand but only after the provisions of paragraph 12(a) and 12(b) are satisfied and only if Tenant has obtained Landlord's prior written consent. Tenant shall use the Property in compliance with all applicable federal, state, and local laws and regulations. Landlord agrees to respond to Tenant's request and to reasonably cooperate with Tenant in obtaining, at Tenant's expense (including Landlord's reasonable attorney and administrative fees) any federal licenses and permits required for Tenant's use of the Property. S. Building Construction Standards. Tenant's Antenna Facilities shall, at all times, be painted and maintained at Tenant's expense, the same colors as the immediate background of the adjoining Reservoir or other color as selected by the Public Works Director. Upon Landlord's request, all new coaxial cables installed by Tenant at the Property shall be manufactured white coaxial cables. All work to be performed by Tenant and its contractors, agents, and employees shall be done in a good and workmanlike manner and of a first class quality and in accordance with the plans and specifications set forth on Exhibit B. Tenant shall not be permitted in any material way to vary its construction from the plans and specifications set forth on Exhibit B without Landlord's prior written consent, Tenant shall timely pay for all work to be performed upon the Property and shall not allow a lien to attach to the Property, Except to the extent caused by the negligence or willful misconduct of Landlord, Tenant shall defend, indemnify and hold harmless Landlord from any and all costs, charges, liens, suits, actions, and expenses including but not limited to attorney's fees and court costs, (collectively, "Costs"), arising out of or related to: (1) Tenant's negligence or willful misconduct in the installation, use, operation, maintenance and presence of the Additional Equipment, Tenant's Antenna Facilities or any other equipment of Tenant or its agents, contractors or assigns,; and (2) Tenant's, or tenant's agent's, contractor's or employee's entry or presence upon the Premises; (3) any default, beyond all applicable cure periods, by Tenant under the Lease and any amendments thereto. The terms and conditions of this paragraph shall survive the expiration or earlier termination of the Lease. Eli MIN Alton Lewd Agreement 3238535vl 6. Installation of Equipment and Leasehold Improvements. a. Subject to Landlord's use of the Property, Tenant shall have the right, at its sole cost and expense, to install, operate and maintain in accordance with good engineering practices, with all applicable FCC rules and regulations, on the Property, all necessary Antenna Facilities which facilities may include transmitting and receiving antenna not to exceed that designated in the Site Plan attached as Exhibit B. Tenant shall have the right to add additional antennas and/or equipment beyond that shown on Exhibit B, provided that Tenant obtains Landlord's prior written approval which approval may be granted, withheld or conditioned in Landlord's sole discretion. Tenant shall not make any improvements or add additional antennas or equipment beyond what is shown on Exhibit B without Landlord's prior written consent, which may be granted or denied in Landlord's sole discretion upon terms and conditions acceptable to Landlord. b. Tenant's installation of the Antenna Facilities shall be. done according to plans approved by Landlord. Any damage done to the Property and/or Reservoir itself during installation and/or during operation shall be repaired or replaced by Tenant, at Tenant's sole cost and expense, within thirty (30) days after notification by Landlord and to Landlord's sole satisfaction. Recommendations for mounting installations and brackets- for cable runs - are -available -from Landlord.- Any repairs - not made within thirty (30) days after notification by Landlord shall be deemed a material default hereunder. Consulting engineering inspection will be provided beginning with the pre -construction conference and continuing through installation/construction/punch-list and verification of as-builts at project completion as determined solely by Landlord, at Tenant's expense. Landlord will not arbitrarily require more inspection than is reasonably necessary to insure the continued delivery of service and security of Landlord's property. Tenant shall pay for all costs of Landlord's Inspections/installation project management costs for this project within thirty (30) days after Landlord sends and invoice for such fees to Tenant. In addition to consulting and engineering inspection costs, Tenant shall reimburse Landlord for all costs associated with reviewing this Lease and approving Tenant's application, including but not limited to all attorney's fees, staff and administrative review time and third party consultant fees and expenses. All fees and invoices must be paid within thirty (30) days after Landlord sends Tenant an invoice for the same. Failure to pay such invoices shall be considered a material default hereunder. Prior to energizing Tenant's system (start up), all punch list items related to installation must be substantially complete (the exception may be weather related finish painting, etc. as determined by Landlord). C. Tenant shall provide Landlord, within thirty (30) days after Tenant's activates the Antenna Facilities, with a Site Plan in electronic file format compatible to 5 MIN Alton Lease Agreement 3238535vl the City's record file system as Exhibit B consisting of as -built drawings of the Antenna Facilities and the improvements installed on the Property, which shove the actual location of all equipment and improvements. Said drawings shall be accompanied by a complete and detailed site survey of the property, inventory of all- equipment, personal property, and Antenna Facilities, Tenant shall also complete all punch -list items within thirty (30) days after Landlord notifies Tenant or its contractors of any remaining punch -list items related to the construction of the Ground Facilities. d. If Tenant fails to reimburse Landlord for the Landlord Expenses as set forth in this Lease within thirty (30) days after receipt of an invoice from Landlord, or if Tenant fails to provide the information required by Section 6(c) or complete the punchlist items when required Tenant shall he deemed to be in default under this Lease. In addition to being in default hereunder, Tenant shall pay a penalty to Landlord in the amount of One Thousand Five Hundred and 00/100 Dollars ($1,500.00) per month for each month that Tenant fails to pay the invoice submitted by Landlord for. the Landlord Expenses and/orprovide the documents required by Section 6(c) as the case may be. The terms of this paragraph shall survive the termination or expiration of this Lease. 7. Maintenance. a. Tenant shall, at its own expense, maintain any of Tenant's equipment on or attached to the Property in a safe condition, in good repair and in a manner reasonably suitable to Landlord so as not to conflict with the use or other leases of the Property by Landlord. Tenant shall not unreasonably interfere with the working use of the Property, related facilities or other equipment of additional tenants or Landlord, Landlord's use of the Property for water reservoir purposes shall take priority over all other uses of the Property by Tenant. b. Tenant's repairs or revisions to mounting equipment shall be done in accordance to plans and specifications approved by Landlord. e, Tenant shall have sole responsibility for the maintenance, repair and security of its equipment, personal property, Antenna Facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. d. Tenant must keep the property free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard, undue vibration, heat, noise, interference, etc, and in compliance with all applicable laws, e. In the event the Landlord repaints, repairs or maintains its Reservoir, it shall be the or improves any of Landlord's facilities located on the Property, Tenant shall be responsible for taking adequate measures to cover, or remove, Tenant's 6 MYN Alton Lease Agreement 3238535vl equipment, personal property or Antenna Facilities and protect such from paint, damage, debris fallout or other dangers which may occur during the paint restoration, repair, maintenance or improvement process. f. Tenant shall remove its Antenna Facilities at Tenant's cost, upon reasonable notice to allow maintenance, repair, repainting, restoration or other activity at the Property as required by Landlord. There may be scheduled interruptions in use of the Antenna Facilities. Except in the case of an emergency, Landlord shall give Tenant thirty (3 0) days' notice of repair, repainting, maintenance, improvements or restoration that may affect Tenant's Antenna Facilities. In case of an emergency, .Landlord may remove Tenant's Antenna Facilities but will attempt to notify Tenant by telephone within a reasonable time provided that Tenant has provided an updated contact number. An "emergency" shall be deemed to exist only in those situations which constitute an immediate threat to the health or safety of the public or immediate danger to the Property. In the event the use of Tenant's Antenna Facilities is interrupted, Tenant shall have the right to maintain mobile cellular equipment on the facility property. Oldest tenants will have priority if space is limited. If site will not accommodate mobile equipment, it is Tenant's responsibility to locate suitable auxiliary sites. g. y a ditiona expense of repainting, repairing, improving or maintaining Landlord's Property caused by Tenant's Antenna Facilities, shall be paid promptly by Tenant to Landlord upon Landlord's notice to Tenant of such additional cost. Tenant may, along with all other tenants at the Property, unanimously elect to share additional costs for contractual repair, repainting, maintaining and improving of Landlord's facility with equipment left in place. In this case, Tenants may be required to accommodate reductions in power or interruptions in service required for safety of contractor employees. h. In the event Tenant or its contractors or employees damages any existing trails, roads, or other improvements by Landlord at the Property or if Tenant shall immediately repair or replace such trails, roads or other improvements. i. Landlord requires Tenant to remove snow to allow Tenant access to the Property or Tenant's Leased Premises. Tenant shall be responsible for any plowing or snow removal deemed necessary by Tenant. Tenant shall also be responsible for cutting the grass and otherwise maintaining all landscape within Tenant's Leased Premises. Landlord shall have no obligation to remove any snow, mow any grass or maintain any landscaping within Tenant's Leased Premises. Tenant's failure to properly maintain its Leased Premises shall be a material default under this Lease. j. Tenant shall be required to secure any all permits required by the City of Eagan, the State of Minnesota or any other governing authority in order to 7 MIN Alton Lease Agreement 3238535vl construct and maintain the Antenna Facilities and all brackets previously attached by Tenant with stud welds shall be removed and reattached to the Reservoir with seal welds. k. Tenant shall at all times maintain the Leased Premises and any buildings or cabinets in a neat and orderly appearance. Tenant shall immediately repair any peeling paint, graffiti, or any other items affecting the appearance of Tenant's Antenna Facilities as reasonably determined by Landlord. Failure to properly maintain the Antenna Facilities shall be a material default under this Lease. 1. Tenant at all times during this Lease maintain all landscaping and screening as shown on Exhibit B and Tenant shall repair or place any landscaping that dies, is damages or no longer functions as originally contemplated as reasonably determined by Landlord, 8. Property Access. a. Tenant, at all times during this Lease, shall have vehicular and pedestrian ingress and egress over the Property by means of the existing access shown on Exhibit B, subject to notice requirements to Landlord as provided in paragraph 8.b, below. b. Tenant shall have 24-hour a day access to the Property in order to install, operate, and maintain its Antenna Facilities. Tenant shall have access to such facilities only with notice to the Landlord. Tenant shall comply with Landlord's rules, regulations and policies. In the event Tenant needs emergency access to the Property, Tenant shall notify the City of Eagan Police by phone, and such notice shall constitute compliance with this paragraph, otherwise, notice shall be given to the office of the Director of Public Works. In the event that Tenant requests access to the Property after normal business hours, Tenant shall reimburse Landlord for any and all expenses incurred by Landlord in providing such access, including but not limited to, overtime pay to Landlord's employees. Tenant shall reimburse Landlord for all such costs within thirty (30) days after Landlord sends Tenant an invoice for the same. C. Landlord shall be allowed and granted access to the Property at reasonable times to examine and inspect Tenant's Antenna Facilities and/or other property for safety reasons or to ensure that the Tenant's covenants are being met, upon twenty- four (24) hours prior notice to Tenant. Tenant's communications equipment is highly sensitive and any entry into Tenant's building or cabinets which could damage or interfere with it must be controlled. Accordingly, Landlord shall not enter Tenant's building or cabinets (other than in an emergency) unless it has given Tenant twenty-four (24) hours' actual notice. In case of emergency, Landlord shall make reasonable efforts to notify Tenant prior to entering Tenant's building or cabinets. : MIN Alton Lease Agreement 32385350 9. Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Property and shall pay all costs associated therewith. 10. License Fees. Tenant shall pay, as they become due and payable, all fees, charges and expenses currently required for licenses and/or permits required for Tenant's use of the Property. 11. Compliance With Statutes, Regulations and Approvals. Tenant shall obtain and maintain all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority (including engineering study, radio frequency interference study, etc.) to use the Property for Tenant's contemplated use. Tenant's Antenna Facilities and any other facilities shall be erected, maintained and operated in accordance with site standards, state statutes, rules and regulations now in effect or that thereafter may be issued by the FCC and related governing bodies. Tenant shall provide, prior to installation, a preliminary engineering calculation on installation design indicating a strong probability of meeting FCC regulatory standards for RF environmental safety. Tenant shall provide, following installation, an FCC Hazardous Radiation Report detailing safety concerns related to installed equipment. 12.a. Interference. Before placement of initial or future antenna facilities, Tenant shall provide Landlord with an interference study detailing interference reduction, protecting Landlord's ability to accommodate existing communications facilities and to allow future antenna installations to be located wherever needed upon the Property. Tenant's installation, operation and maintenance of its transmission facilities shall not damage or interfere in any way with Landlord's Reservoir operations or related repair and maintenance activities. Tenant agrees to cease all such actions which materially interfere with Landlord's use of the Reservoir immediately upon actual notice of such interference. Landlord, at all times during this Lease, reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter or improve the Property in connection with Reservoir operations as may be necessary. The Landlord agrees to give reasonable advance notice of any such activities to the Tenant if such improvements would materially affect Tenant's Antenna Facilities and to reasonably cooperate with Tenant to carry out such activities with a minimum amount of interference with Tenant's transmission operations. Before placement of additional Antenna Facilities, Tenant shall provide Landlord with an interference study acceptable to Landlord, indicating that Tenant's intended use will not interfere with any existing communications facilities on the Reservoir. Tenant shall also provide Landlord with a structural engineering study acceptable to Landlord, indicating whether the Reservoir is able to structurally support Tenant's additional 9 NUN Alton Lease Agreement 32385350 Antenna Facilities without prejudice to the Landlord's primary use of the Reservoir as a water storage, public works and public safety communications facility. Landlord in no way guarantees to Tenant subsequent noninterference with Tenant's transmission operations, provided, however, that in the event any other party except a governmental unit, office or agency requests permission to place any type of additional antenna or transmission facility on the Property, the procedures of this paragraph 12 shall govern to determine whether such antenna or transmission facility will interfere with Tenant's transmission operations. If Landlord receives any such request from an entity requesting to use the Property for communications purposes ("Requester"), Landlord shall submit the Requester's proposal, complete with all technical specifications reasonably requested by Tenant, to Tenant for review for noninterference. Tenant shall have thirty (30) days following receipt of said proposal to make any objections thereto, and failure to make any objection within said thirty (30) day period shall be deemed consent by Tenant to the installation of antennas or transmission facilities pursuant to said proposal. If Tenant gives notice of objection due to interference during such thirty (30) day period and Tenant's objections are verified by Landlord to be valid, then Landlord shall not proceed with such proposal. The Requester shall be responsible for the expenses incurred in any independent validation of Tenant's interference objections, provided, however, should the independent analysis conclude that Tenant's interference objections were invalid, Tenant shall be responsible for any independent validation fees, An emergency, city, public works or public safety governmental unit may be allowed to place antenna or other communications facilities on the Property regardless of potential or actual interference with Tenant's use, provided, however, if Tenant's use of the Property is materially affected, Tenant may terminate this Lease without penalty or payment of liquidated damages as provided in paragraph 14, and provided further, that if a Requester is granted approval to use the Property for communications purposes and thereafter Tenant's use of the Property is materially affected, Tenant shall have the right to terminate this Lease without penalty or payment of liquidated damages as provided in paragraph 14, and shall have the right to seek relief against such Requester, provided that there shall be no liability to Landlord. Tenant's use and operation of its Antenna Facilities shall not interfere with the use and operation of other communication facilities on the Property, which preexisted Tenant's facilities. If Tenant's facilities cause impermissible interference, Tenant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated in a reasonable time, Tenant shall immediately cease operating its facility until the interference has been eliminated. If the interference cannot be eliminated within ninety (90) days, Landlord may terminate this Agreement and continue to collect rent for the balance of this Agreement. 10 MIN Alton Lease Agreernent 3238535vt b. Maximum Permissible .Emission. In all cases, essential emergency - governmental systems shall have the right to operation without being subjected to harmful interference or interruptions from commercial users at the Property. Tenant shall not use, nor shall Tenant permit its employees or contractors to use the Property in any way which causes harmful interference or interruptions to the operation of essential emergency government communications equipment at the Property, or results in radio-frequency radiation exposure levels at, or adjacent to, the Property to be in excess of the limits specified in 47 C.F.R. § 1.1310 or any other applicable laws or regulations. Tenant shall promptly make any necessary adjustments or repairs should their equipment, due to mal -adjustments, defects or failures, cause harmful interference to other radio communications equipment at the Property, or results in radio-frequency radiation exposure levels at or adjacent to the Property to be in excess of the limits specified in 47 C.F.R. §1.1310 or any other applicable laws or regulations. Assignment of responsibility for excessive radio-frequency radiation exposure levels at, or adjacent to, the Property, or harmful interference not due to equipment mal -adjustments, defects or failures shall be in accordance with the following: (i) Commercial users shall bear primary responsibility to rectify excessive radio-frequency radiation exposure levels at, or adjacent to, the Property, or harmful interference caused by their equipment or a combination of their equipment, to essential emergency governmental systems at the Property, (ii) Government system users shall bear secondary responsibility to rectify excessive radio-frequency radiation exposure levels at, or adjacent to, the Property, or harmful interference caused by their equipment to commercial users at the Property. (iii) The commercial user with the most recent installation or modification shall bear primary responsibility to rectify excessive radio-frequency radiation exposure levels at, or adjacent to, the Property, or harmful interference caused by that installation or modification to pre-existing commercial users. Pre-existing commercial users shall bear secondary responsibility to rectify such excessive radio- frequency radiation exposure levels at, or adjacent to, the Property, or harmful interference. (iv) The commercial user with the most recent installation or modification shall bear primary responsibility to rectify harmful interference received by their system, as a result of their most recent installation or modification, from pre-existing commercial users. Pre-existing commercial users shall bear secondary responsibility to rectify such interference. 11 MIN Alton :.ease Agreement 3238535v1 Primary responsibility shall be defined as providing essentially all necessary analysis, measurements, testing and engineering to determine the cause of, and solution to, excessive radio-frequency radiation exposure levels at, or adjacent to, the Property, or harmful interference. The user with primary responsibility shall make all necessary and reasonable changes, at their sole expense, to their system; i.e. antenna location, frequencies, ER.P. transmitter filtering, etc., to rectify the excessive radio-frequency radiation exposure levels at, or adjacent to, the Property, or harmful interference. Secondary responsibility shall be defined as full cooperation with the user bearing primary responsibility, and providing reasonable supplementary analysis, measurements, testing and engineering to determine that cause of, and solution to, excessive radio- frequency radiation exposure levels at, or adjacent to, the Property, or harmful interference. The user with secondary responsibility shall make all reasonable changes to their system necessary to rectify the excessive radio-frequency radiation exposure levels at, or adjacent to, the Property, or interference, at the expense of the user with primary responsibility, that do not materially adversely affect performance of their system. Tenant shall provide the City with a copy of any Routine Environmental Evaluations, Environmental Assessments, or other technical information regarding compliance with radio-frequency radiation exposure levels at -the Property that are required to be submitted to the FCC pursuant to C.F.R. §§1.1307 and 1.1310. 13. Termination. a. Events of Termination. Except as otherwise provided herein, this Lease may be terminated upon sixty (60) days' written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party, unless such default may not reasonably be cured within a 60 -day period, in which case, this Lease may not be terminated if the defaulting party commences action to cure the default within such 60 -day period, proceeds with due diligence to fully cure the default and thereafter cures the default. (ii) by Tenant immediately upon notice to Landlord if Tenant is unable to obtain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business and as a consequent thereof does not commence operation of its business on the Property, provided, however, that if Tenant fails to obtain its permits within six (6) months after the date of this Lease, Tenant's right to terminate after such six (6) month period shall be controlled by paragraph 13(a)(iii) hereof. 12 MIN Alton Lease Agreement 3238535v] (iii) by Tenant immediately upon notice to Landlord if Tenant, after having commenced operation on the Property, is unable to maintain any license, permit or other governmental approval necessary to continue the operation of the Antenna Facilities, provided such failure to maintain any license, permit or governmental approval is not due to the actions, 'inactions or negligence of Tenant. (iv) by Tenant immediately upon notice to Landlord if as a result of activities occurring on the Reservoir or the Property, by Landlord, the Property is or becomes unacceptable for technological reasons, including without limitation, unacceptable RF plan, shadowing or interference, under Tenant's Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong. In order for Tenant to terminate under this Section 13(iv), the activities must have occurred upon the Property and been caused by Landlord. (v) by Landlord if it determines based on a recommendation of a structural engineer registered in the State of Minnesota that the Reservoir is structurally unsound, including, but not limited to, consideration of age of the structure, damage or destruction of all or part of the Property or Reservoir from any source, or in its sole discretion that continued occupancy of the Property by Tenant is in fact a threat to health or safety. - - (vi) by Landlord, upon one (1) year's prior written notice to Tenant, if the City Council decides, in its sole discretion and for any reason, to redevelop the Property in a manner inconsistent with the continued use of the Property by Tenant and/or discontinue use of the Property for tower or reservoir purposes. b. Notice of Termination. The parties shall give notice of termination in writing as provided in paragraph 21. Such notice shall be effective upon receipt as evidenced by the return receipt or such later date as stated in the notice. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. C. Upon expiration or termination of this Lease for any reason, Tenant shall remove its equipment, personal property, Antenna Facilities, and all leasehold improvements from the Property on or before the date of expiration or termination, and shall repair any damage to the Property caused by such equipment, normal wear and tear excepted; all at Tenant's sole cost and expense, whether removed by Tenant or Landlord. The removal of Tenant's Antenna Facilities shall include removal of all concrete foundations or piers, removal of any underground utility lines, repair of any and all welds or penetrations of the Reservoir and removal of any conduit or filling of such conduit with sand as specifically requested by Landlord. Any such property or facilities which are not removed by the expiration or termination date shall, at Landlord's option, be deemed abandoned by Tenant and become the property of the Landlord. In the event Tenant leaves any personal property, equipment, or any portion of its Antenna Facilities on the Property without Landlord's written consent, Tenant shall be reimburse Landlord for the 13 MLN Alton Lease Agreement 32385350 cost of removing and disposing the same. Notwithstanding anything contained herein to __. the contrary, Tenant shall be liable to Landlord for rent until such time that Tenant or Landlord has removed the Tenant's personal property, equipment and Antenna Facilities from the Property. Tenant shall further reimburse Landlord for all attorney's fees, court costs, expenses, liabilities and damages incurred by Landlord as a result of Tenant failing to comply with its obligations under the terms of this paragraph, whether or not litigation is commenced. The terms and conditions of this paragraph shall survive the termination or expiration of this Lease. d. Title to Tenant's equipment, and all improvements installed at and affixed to the Reservoir or Property by Tenant shall be and shall remain the property of Tenant unless deemed abandoned as set forth herein. Landlord hereby waives any lien rights it may have or acquire with respect to such property and shall promptly execute any document, required by a supplier, Landlord, or lender of such property which waives any rights Landlord may have or acquire with respect thereto. Tenant may, at any time, including any time it vacates the Property, remove Tenant's improvements, equipment, fixtures, and all of Tenant's personal property from the Property, unless then become the property of Landlord as set forth in paragraph 13(c) above. 14. Liquidated Damages-, Early Termination. In the event Landlord terminates this Lease pursuant to paragraphs 13(a)(v) or (vi) or Tenant terminates this Lease pursuant to paragraphs 13(a)(i) or (ii) such termination shall be . effective without the payment by either party of any penalties or liquidated damages. In the event Landlord terminates this Lease pursuant to paragraph 13(a)(i), or Tenant terminates this Lease pursuant to paragraphs 13(a)(iii) or (iv), Tenant shall pay to Landlord liquidated damages equal to the sum of (a) the remaining pro -rata Base Rent for remaining months in the calendar year in which such termination is effective, plus (b) an amount equal to 150% of the annual Base Rent payable in the calendar year in which such termination is effective; provided, however, that if the effective date of the termination occurs in the last calendar year. of the then existing term, the liquidated damages shall equal the pro -rated monthly Base Rent for the remaining unexpired term, Tenant shall pay such liquidated damages within thirty (30) days after Landlord or Tenant, as the case may be, terminates this Lease. If Tenant fails to timely pay any such liquidated damages, Tenant shall be obligated to pay all late fees and interest as set forth in Section 3g above in addition to any liquidated damages. Tenant's obligation to pay liquidated damages and any late fees and interest as set forth in this Lease shall survive the termination of this Lease. Nothing contained herein shall be construed as requiring Landlord to terminate the Lease in the event of a default by Tenant and Landlord may pursue any and all remedies available at law in the event of a material breach of this Lease by Tenant. 14 MIN Alton Lease Agreement 3238535vl 15. Limitation of Landlord's Liability., Ear1V Termination. In the event the Landlord terminates or otherwise revokes this Lease, other than as provided in paragraphs 13 (a)(i), (v) or (vi) above, or Landlord causes interruption of the business of Tenant, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 16. Insurance. a. Tenant shall carry adequate insurance to protect the parties against any and all claims, demands, actions, judgments, expenses, and liabilities which may arise out of or result directly or indirectly from Tenant's use of the Property. Any applicable policy shall list the Landlord as an additional insured and shall provide that it will be the primary coverage. The insurance coverage must include, at least, Comprehensive General Liability Insurance Coverage, including premises/operation coverage, bodily injury, property damage, independent contractors liability, completed operations coverage, and contractual liability coverage in a combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence, subject to Two Million Dollars ($2,000,000.00) aggregate. Tenant may satisfy this requirement by underlying insurance plus an umbrella policy. Tenant shall also maintain the worker's compensation insurance required by law. Landlord agrees that it is subject to Minnesota Statutes §466. b. neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damages caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. C. Tenant shall provide Landlord, prior to the Commencement Date and before each renewal of the Lease term, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota, which includes all coverage required in paragraph 16(a) above. Said coverage may not be canceled, non -renewed, or materially reduced without thirty (30) days' written notice to Landlord. 17. Damage or Destruction. If the Property or any portion thereof is destroyed or substantially damaged so as to materially hinder the effective use of the Antenna Facilities, and through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days' written notice to Landlord. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement of any rent prepaid by Tenant. Landlord shall have no liability for any damage to Tenant caused by another Tenant. 15 MIN Alton Lease Agreement 3238535v] 18. Condemnation. In the event the whole of the Property is taken by eminent domain, this Lease shall terminate as of the date title to the Property vests in the condemning authority. In event a portion of the Property is taken by eminent domain, either Party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other Party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof; all damages, whether awarded as compensation for diminution in value of the leasehold or to fee title of the Property, shall belong to Landlord.. Tenant shall have the right to claim and recover from the condemning authority any amounts recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 19. Indemnification. Except to the extent caused by the willful misconduct or negligence of Landlord and subject to Chapter 466 of Minnesota Statutes, Tenant agrees to 'Indemnify, defend, and hold harmless Landlord and its elected officials, officers, agents, and representatives, from and against any and all claims, costs, losses, expenses, -demands, actions, Fines, penalties, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by the Landlord or for which the Landlord may be liable, which arise from negligence, willful misconduct, or other fault of Tenant or its employees, agents, or subcontractors in the performance of this Lease or from the installation, operation, use, maintenance, repair, removal, or presence of Tenant's Antenna Facilities, building or cabinets on the Property, and specifically including the representations and warranties of paragraph 20 of this Lease. The indemnification obligations of this paragraph 19 shall survive the termination or expiration of this Lease. 20. Hazardous Substance Indemnification. Except to the extent caused by the willful misconduct or negligence of Landlord and subject to Chapter 466 of Minnesota Statutes, Tenant represents and warrants that its use of the Property herein, will not generate, and Tenant will not store or dispose on the Property nor transport to or over the Property any hazardous substance except as described on Exhibit D attached hereto. Tenant further agrees to hold Landlord harmless from and indemnify Landlord against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs .and penalties incurred as a result thereof. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous to toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the 16 MIN Alton Lease Agreement 3238535vI environment will or may reasonably be anticipated to cause sickness, death or disease. _ Tenant's obligations under this paragraph 20 shall survive the termination or expiration of this Lease. 21. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to Landlord, to: City of Eagan Attn.: City Clerk 3830 Pilot Knob Road Eagan, MN 55122 And Public Works Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 With a copy to: Dougherty, Molenda, Solfest, Dills & Bauer P.A. Attn.: Michael G. Dougherty, City Attorney 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 If to Tenant, to: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate With a copy to: Verizon Wireless Attn: Real Estate Manager 10801 Bush Lake Road Bloomington, MN 58348 22. Assignment/Nonexclusive. a. Tenant may not assign or sublet this Lease or all or any portion of the Leased Premises without the prior written consent of Landlord which consent may be granted or withheld in Landlord's sole discretion. Notwithstanding the provisions of this 17 M1N Alton Lease Agreement 3238535vi paragraph, Tenant shall have the right, without Landlord's consent, to assign this Lease to any parent, subsidiary or affiliate of Tenant or any corporation into which Tenant may be merged or consolidated provided such entity has comparable or greater financial strength as does Tenant (Tenant's financial strength shall be measured as of the Commencement Date of this Agreement) and further provided that in the event of any assignment Tenant shall remain obligated on the this Agreement unless otherwise released by Landlord in writing ("Permitted Assignment"). In order to make a Permitted Assignment under this Agreement, Tenant shall provide Landlord with evidence of Tenant's financial strength as of the Commencement Date and the financial strength of any proposed assignee. Any transfer of all or majority portion of the ownership of Tenant's membership interests, whether by one or multiple transfers, shall be construed as an assignment requiring compliance with this paragraph. Tenant shall not be permitted to assign all or portion of Tenant's rights to manage the Leased Premises without Landlord's prior written consent. b. The parties acknowledge that this is a nonexclusive lease, except as set forth on Exhibit B. Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment or allowing access to the Property to any person or entity which may be in competition with Tenant, or any other party, subject to the conditions set forth in Paragraph 12(a) and 12(b) of this Lease. 23. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and permitted assigns. 24. Quiet Possession. Landlord covenants and warrants that it has full right and authority to enter in to this Lease for the full term hereof and all renewals and that Tenant, upon paying. the rent and upon performing the covenants and agreements hereof to be kept and performed by Tenant, will have, hold and enjoy quiet possession of the Property and the Reservoir and all rights, easements, appurtenances and privileges relating thereto. 25. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. b. Tenant hereby waives any and all rights to recover against Landlord for any loss or damage arising from any cause to the extent covered by any property insurance required to be carried pursuant to this Lease. Tenant will, from time to time, cause its insurers to issue appropriate waiver of subrogation rights endorsements to all property insurance policies carried in connection with the Antenna Facilities or the Property or the contents of either. C. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There 18 MIN Alton Lease Agreement 32385350 are not representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties, d. This Lease shall be construed in accordance with the laws of the State of Minnesota and any action shall be venued in Dakota County. e. If any term of this Lease is found to be void or invalid, such invalidity shall not effect the remaining terms of this Lease, which shall continue in full force and effect. f. Tenant shall not record a Memorandum of Lease or any other documents against Landlord's property without Landlord's prior written consent. In the event that Tenant desires to record a memorandum of lease and Landlord agrees and consents to the same in writing, Tenant shall be responsible for all costs of recording the same. Tenant further agrees to execute and record a quit claim deed and any other documents satisfactory to Landlord and provide two originals to Landlord upon execution of this Lease or at the time Tenant requests the ability to record a memorandum of lease. Tenant acknowledges that upon the termination of this Lease, Tenant shall be responsible for recording the quit claim deed and any other documents reasonably required by Landlord to show that the Lease and Tenant's interests in the Property have been terminated, all at the sole cost of Tenant. In the event that Tenant fails within thirty (30) days after the expiration or other termination of this Lease, to record the quit claim deed and any other documents reasonably requested by Landlord, Tenant shall be liable to Landlord for all costs incurred by Landlord to compel Tenant to execute and record such documents or such other action to terminate Tenant's interest in the Property, including but not limited to, all attorneys' fees and court costs incurred by Landlord. Notwithstanding the foregoing, in the event that Tenant fails to record the quit claim deed within thirty (3 0) days after the expiration or other termination of this Lease, Landlord shall be specifically authorized to record the quit claim deed, at the sole cost and expense of Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall be required to continue paying Base Rent and all other sums owed hereunder until such time Tenant has recorded the quit claim deed or otherwise provided satisfactory evidence to .Landlord that has released any and all claimed interests of Tenant in and to the Property. The terms and conditions of this paragraph shall survive the termination of this Lease. g, Installation of a Generator. Tenant shall not install an additional generator or replace the existing generator on the Property without :Landlord's prior written approval. In the event that Landlord grants approval for the placement of a generator on the Property, or Tenant is permitted to place a generator within its Leased Premises due to an emergency power failure, Tenant agrees to maintain or repair any such generator within its Leased Premises, as located on Exhibit B. Tenant further agrees that Landlord may limit the noise level at the Property, that Landlord may prohibit the use of t9 MIN Alton Lease Agreement 3238535v1 the generator and that the installation of any generator must fall within the noise level limits set by Landlord. In the event that Tenant exceeds the noise level set forth by Landlord, Tenant shall take all such steps requested by Landlord to reduce the sound levels to the level approved by Landlord, including, but not limited to, installing additional snufflers, or any other requirements that may be requested by Landlord, including but not limited to ceasing all operations of the generator. Tenant may also take its own sound reduction measures, subject to Landlord's prior approval. All sound reduction measures requested by Landlord shall be performed at Tenant's sole cost and expense. If Tenant fails to immediately comply with Landlord's proposed sound reduction measures, Tenant shall be deemed in default hereunder and Landlord may take any and all measures to stop the use of the generator. Tenant shall further repair any and all damage caused by the use of the generator upon the Property. All expenses incurred by Landlord hereunder, including attorneys' fees, shall be paid by Tenant to Landlord upon demand. h. Cross Default. In the event that Tenant enters into any other leases with Landlord or any other agreements in connection with Tenant's business operations ("Other Agreements"), Tenant shall, at Landlord's sole option, be in default under the terms of this Lease if Tenant defaults under one or more of the Other Agreements, provided, however, that Tenant shall have the right to cure any such default within any time set forth in the Other Agreements. A default by Tenant under this Lease shall, at Landlord's option, also constitute a default under all Other Agreements. Tenant's obligations under this paragraph shall survive the expiration or earlier termination of this Lease. i. Construction. Landlord and Tenant agree that each of them has participated in the drafting of this Agreement and that the Agreement shall not be construed against the party that drafted it. Both Landlord and Tenant acknowledge and agree that any Court interpreting the Agreement shall not construe any portion of the Agreement in favor of or against Landlord or Tenant based upon any rule of law or construction that would construe the Agreement against the party that drafted it. j. Counterparts. This Agreement may be executed in duplicate counterparts, each of which will be deemed an original. k. Survival. All of Tenant's indemnification obligations and obligations to pay rent, fees and other sums owed to Landlord under the Lease and any amendments to the Lease shall survive the expiration or earlier termination of the Lease. [The remainder of this page has been intentionally left blank. Signature page to follow.] 20 MIN Alton Lease Agreement 3238535vl IN WITNM S S WHEREOF, this Lease was executed as of the day and year first set forth above. LANDLORD: TENANT: CITY OF EAGAN Verizon Wireless '(VAW) LLC d/b/a Verizon Wireless By: Its: Mayor By: Its: City Clerk Date: APPROVED AS TO FORM: By: Eagan City Attorney Date.: APPROVED AS TO CONTENT: Date: ................ 21 MIN Alton Lease Agreement 323853Svl Date: C,1 i 16 THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley MN 55124 (952) 4323136 SAL (rev. 2/16) 22 MIN Alton Lease Agreement 3238535vl EXHIBIT A Legal Description See attached Survey dated October 6, 2006 23 MIN Alton Lease Agreement 3238535v1 i Kals 1P ICY tfP wNM 4P1£Y[If (u`vdi�aq('dYO liNit.wn aeiicawmmW" lk .. do s P; as �1 1I scut a+ etF( — W, Prw .aa(.xr. Prw ..w t01N1 � 1M W. ItY 4n �=RM ml ovM nlm fM by C ql 11IR1 MD vMum of 3, SUTQ haewla LC 70. tW� tal: l tlat.d snvoe a} (:calm v N�� tl .di wa 19 eo N 4aa a 0.1 U( oav M. Sw1APn SY/6Q1 a} Site Pian and Equipment List See attached. 24 MIN Alton Lease Agreement 3238535x1 4 9 I PROJECT: 8 ............ ..._.......... E OM VAU"VOFEUVI.s ti �vr e,rauarr, eaeetrca.ansre;ru mw"mpmmm m a cn rn A ✓� m nn l PROJECT: 8 ............ ..._.......... E OM VAU"VOFEUVI.s ti �vr e,rauarr, eaeetrca.ansre;ru mw"mpmmm (Premises -Legal Description) That part of the Northwest Quarter of Section 30, Township 27, Range 22, Dakota County, Minnesota, described as commencing at the southwest corner of said Northwest Quarter of Section 30; thence South 89 degrees 50 minutes 36 seconds East, assumed bearing, along the south line of said Northwest Quarter of Section 30, a distance of 881.53 feet; thence North 00 degrees 09 minutes 24 seconds East a distance of 77,04 feet to the point of beginning of the parcel to be described; thence North 33 degrees 29 minutes 58 seconds West a distance of 16.00 feet; thence North 56 degrees 30 minutes 02 seconds East a distance of 10.50 feet; thence North 33 degrees 29 minutes 58 seconds West a distance of 2.00 feet; thence North 56 degrees 30 minutes 02 seconds East a distance of 27.00 feet; thence South 33 degrees 29 minutes 58 seconds East a distance of 18.00 feet; thence South 56 degrees 30 minutes 02 seconds West a distance of 37.50 feet to the point of beginning. 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I 1; owl jpqyj i IM MCIO H ooll no N 58010, W 1, of i show 4 4 11 g Q-1 ... .. ... .. . .... . ...... w 1 JA i PC i 59.0— -t I vA 1, P 13 M41 H SECTION 09 97 15 COATING SYSTEMS FOR TELECOMMUNICATION EQUIPMENT PART1 GENERAL 1.01 SUMMARY A. Section includes painting and painting repair work associated with the Installation of antennas, coaxial cables, and other common components with direct attachment to water tank facilities. 1.02 REFERENCES A. Society for Protective Coatings (SSPC): www.ssoc.ora 1. Volume 1: Good Painting Practice 2. Volume 2: Systems and Specifications 1.03 SUBMITTALS A. Product Data: Submit data sheet for each coating system. PART PRODUCTS 2.01 MATERIALS A. Manufacturers: 1. Sherwin Williams Company www.sherwin-williams.com 2. Tnemec Company www.tnemec.com 3. X -1-M Products www.ximbonder.com PART 3 EXECUTION 3.01 EXAMINATION A. Visually evaluate surface preparation by comparison with pictorial standards of SSPC-VIS-1-89. 3.02 PREPARATION A. Remove all surface contaminants in accordance with SSPC-SP1 Solvent Cleaning. 1. Do not use hydrocarbon solvents on surfaces to be coated with water-based coatings. B. Clean and remove all rust, slag, weld splatter, weld scabs, mill scale, and loose paint. C. Protect areas adjacent to welding & or grinding operations to prevent damage of surrounding intact paint system. D. Ferrous Metal: SSPC-SP6 Commercial Blast Cleaning E. Galvanized Steel: SSPC-SP7 Brush Off Blast F. Antenna Covers, Coaxial Cable, Non-metallic Substrates and Previously Painted Surfaces: Scarify to de - gloss. SSPC-SP1 with a non -hydrocarbon solvent. G. Surface profile shall be In accordance with manufacturer's product recommendation. H. Re -blast all surfaces: 1. Where rusting has recurred. 2. That do not meet the requirements of these specifications. 3.03 APPLICATION A. Coatings shall be applied in accordance with manufactu'rer's printed instructions. Coating Systems for Telecommunication Equipment 099715-1 B. Surfaces to be coated shall be clean, dry, and free of airborne dust and contaminants at the time of application and while film is forming. C. Finish coat shall be uniform in color and sheen without streaks, laps, runs, sags or missed areas. D. Shop Painting: Tape -off (2 -inch minimum) surfaces that will be In the Heat -Affected -Zone during field welding. E. Component Painting: 1. Interior Exposed Ferrous Metal and Galvanized Steel: a. Product: Sherwin Williams Macropoxy 646 or Tnemec Series 161 1) Number of Goats: 2 2) Dry Film Thickness: 4.0-6.0 mils (per coat) 3) Color: By Owner 2. Exterior Exposed Ferrous Metal and Galvanized Steel: a. Primer: Sherwin Williams Macropoxy 646 or Tnemec Series 161 or N69 1) Number of Coats: 1 2) Dry Film Thickness: 4.0-6.0 mils 3) Color: By Owner b. Finish: Sherwin Williams Acrolon 216 or Tnemec Series 10740/10750 1) Number of Goats: 1 2) Dry Film Thickness: 2,0-3.0 mils 3) Color: By Owner 3, Antenna Covers: a. Primer: Sherwin Williams Pro -Cry[ Primer 1) Number of Coats: 1 2) Dry Film Thickness: 2.0-4.0 mils b. Finish: Sherwin Williams Sher-Cryl HPA 1) Number of Coats: 1 2) Dry Film Thickness: 2.5--4.0 mils 3) Color: By Owner 4. Coaxial Cable a. Primer: X -1-M 1136 1) Number of Coats: 1 2) Dry Film Thickness: 2.0--3.0 mils b. Finish: Sherwin Williams Sher -Cry] HPA 1) Number of Coats: 1 2) Dry f=ilm Thickness: 2.5-4.0 mils 3) Color: By Owner 3.04 REPAIR OF AREAS DAMAGED BY WELDING A. Prepare the damage by one of the two following methods as directed by the Engineer. 1. Abrasive -blast to SSPC-SP6. 2. Mechanically clean to SSPC-SPI1. B. Feather edges to provide smooth coating transition. C. Apply prime coat to bare metal surface. D. Mask off rectangular area around prime coat. E. Apply finish coat. 3,05 QUALITY CONTROL A. Measure dry film thickness with a magnetic film thickness gage in accordance with SSPC-PA2. B. Visually Inspect dried film for funs, sags, dry spray, overspray, embedded particles and missed areas. C. Repair defective or damaged areas In accordance with Articles 3,02 and 3.03. END OF SECTION Coating Systems for Telecommunication Equi ment 09 97 151-'9 S1F_M1NC A1ton.AWS $peclal Inspect Form _ Project Name MING Alton AWS Project No: Location 16656 Alton Court Permit No: (1) Inver Grove Heights, MN 55077 APF(9tAl INSPFf",TitiN ACHF[)LI1_F 20141OB6147 8120/2015 Tarhnical 2 Description (3) Type of Inspection 4 Report Freuen 6 Assigned FUm (6) Sectlon Article 170A 3.3 Flrm: Ultrrig Hi h Stran h OofCltt SI -T or ins action Terrecon SI -T. Firm: Andrew Schmid 6611770.1600 . Terracon TA: Firm: Andrew Schmid 6511770-1500 F: Firm If requested by englneerlarchitect of record or building official, the individual names of all prospective speolai inspectors and the work they intend to observe shall be identified. Legend: $FR = Structural Engineer of Record 51-T = Special inspector - Technical $t-$ = Special Inspector - Structural TA = Testing Agenoy F = Fabricator Accopled for the Building Department By; Notes: This schedule shall be filled out and Included in the Special Structural Testing & Inspection Program. (1) Penrit number to be provided by the building official. (2) Reference to the specific technical scope section in the program, (3) Use descriptions per IBC Chapter 17, as adopted by Minnesota State Building Code, (4) Special Inspector- Structural, Special Inspector - Technical. (5) Weekly, monthly, per testfinspection, par floor, etc. (6) Firm Contracted to perform services. ACKNOWLEDGEMENTS Each appropriate representative shall sign below: Owner; Firm: Verizon Wireless Contractor: Firm: Architect: Firm: Design 1 of Eden Prairie, LLC SER: Flrm: Ultrrig SI -S; Firm: Terracon SI -T. Firm: Andrew Schmid 6611770.1600 . Terracon TA: Firm: Andrew Schmid 6511770-1500 F: Firm If requested by englneerlarchitect of record or building official, the individual names of all prospective speolai inspectors and the work they intend to observe shall be identified. Legend: $FR = Structural Engineer of Record 51-T = Special inspector - Technical $t-$ = Special Inspector - Structural TA = Testing Agenoy F = Fabricator Accopled for the Building Department By; Date: Date: Data: Date; Date; Date: Date: Dater Date: ��� Exhibit C FEE SCHEDULE QUA 25 MIN Alton Lease Agreement 3238535vl Exhibit D HAZARDOUS SUBSTANCES INSTALLED BY TENANT Sealed batteries, propane/diesel/gasoline, HVAC system, and a halon/FM200 fire suppression system. 26 MIN Alton Lease Agreement 3238535v1 Agenda Information Memo November 1, 2016 Eagan City Council Meeting CONSENT AGENDA J. Contract 15-04, Sperry Telecommunications Tower Action To Be Considered: Approve Change Order No. 3 to Contract 15-04 (Sperry Tower Recommissioning) and authorize the Mayor and Deputy City Clerk to execute all related documents. Facts: ➢ Contract 15-04 provides for removal of the 500,000 gallon Sperry reservoir/tower and replacement with a new "Stealth" design telecommunication tower with LED lighting upon the existing City property. ➢ Change Order No. 3 provides for the following: • Additional 300 feet of coaxial cable conduit: Changes to the final tower design impacted the location of the tower and cable vault, increasing the cable/conduit length. To avoid any disturbance around the tower footings after project completion, City staff have requested additional conduit be placed for future carriers. • Sub -Metering: Through a cooperative agreement, the City's tower and radio equipment will be housed in the Dakota County shelter. Sub - metering has been requested to separate County and City electrical use. The required sub -meter equipment was not part of the original project scope. ➢ The change order provides for an additional cost of $24,171.00 (or 1.7% of original bid) to the contract. The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and the region. ➢ This Change Order has been reviewed by the Public Works Department and found to be in order for favorable Council action. Attachments (0) Agenda Information Memo November 1, 2016 Eagan City Council Meeting CONSENT AGENDA K. Minnesota Valley Transit Authority Bus Shelters — Duckwood Drive Action To Be Considered: Approve an Encroachment and Maintenance Agreement with Minnesota Valley Transit Authority (MVTA) for bus shelter installations on Duckwood Drive. Facts: ➢ In December 2015, MVTA staff and a resident requested the placement of MVTA bus shelters near the Walmart driveway, within Duckwood Drive right-of-way, west of Denmark Avenue in central Eagan. ➢ On April 23, 2016, the Public Works Committee indicated support for City participation in the placement of bus shelters within City or County right-of-way, including City installation of concrete bus shelter pads. ➢ On June 7, the City Council approved the installation of two concrete bus shelter pads on Duckwood Drive near the Walmart entrance (north and south sides) to be completed under City Contract 16-03. ➢ MVTA has installed the two bus shelter structures under a City right-of-way permit, in accordance with City guidelines and permit requirements. ➢ An agreement has been prepared to address the long term existence of the shelter within the City's right-of-way. The terms of the Encroachment and Maintenance Agreement for the Duckwood Drive bus shelters hold MVTA j responsible for all future maintenance and repair, and removal if a public p purpose is determined. ➢ Public Works staff, the City Attorney's office, and MVTA staff have reviewed the agreement and found it to be in order for favorable Council action. Attachments (1) CK -1 MVTA Encroachment & Maintenance Agreement ENCROACHMENT AND MAINTENANCE AGREEMENT FOR MINNESOTA VALLEY TRANSIT AUTHORITY This Agreement is made and entered into this day of , 2016, by and between the City of Eagan (City), a Minnesota municipal corporation (the "City"), and Minnesota Valley Transit Authority (MVTA), a joint powers organization, providing public transit services in the Twin Cities Metropolitan Area. WHEREAS, The City has approved the installation of two (2) MVTA bus shelter structures (Duckwood Drive at south driveway to 1360 Town Centre Drive and Duckwood Drive at driveway to 1320-1340 Duckwood Drive), located within City right-of-way of Duckwood Drive ("Right -of -Way); and NOW, THEREFORE, The City and the MVTA agree as follows: 1. Encroachment. The City hereby authorizes the MVTA to maintain and repair the bus shelters structures within the "Right of Way". 2. No Waiver. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights in the Right -of -Way. 3. Costs. MVTA shall be responsible for all agreed upon costs related to the maintenance and repair of the bus shelter structures. 4. Temporary Removal and Reconstruction. If the City requires the use of the Right -of -Way for installation, maintenance, removal or replacement of utilities within the Right -of -Way, MVTA shall be responsible for removal of the bus shelter structures and reconstruction of the bus shelter structures, and the City's only obligation shall be to fill the excavated area and level the same to the grade that it was prior to the City's excavation. 5. Insurance. MVTA shall maintain comprehensive liability insurance in the amount of $1,000,000.00. MVTA shall name the City as an additional insured on the policy and shall provide a copy of the insurance certificate to the City contemporaneously with the execution of this Agreement. 6. Removal of Improvement. If MVTA fails to maintain the bus shelter structures to the City's satisfaction, as outlined in this Agreement, or fails to pay any cost or expense required under the Agreement, or if the City determines that the bus shelter structures should be removed for safety reasons, in the sole discretion of the City, the City may request removal of the bus shelter structures, in which case MVTA shall complete removal of the bus shelter structures as requested and restore the Property to the City's satisfaction, removal of bus shelter structure, fill the excavated area, and level the same to the grade that is was prior to the bus shelter structure's existence, within thirty (30) days of the City's request or as soon as practicable. if MVTA fails to satisfy its obligations under this paragraph, the City may complete the removal and restoration. 7. Default. If MVTA fails to take any action required in connection with this Agreement and within the allowed amount of time stated in this Agreement, the City may take the action and bill the responsible party for the costs thereof. If the responsible party fails to reimburse the City for the cost thereof within thirty (30) days after receipt of the bill, the City may take any action permitted by law to collect the amount owed plus the costs of collection, including but not limited to attorneys' fees. 8. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of the agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. 9. Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the successors and assigns of the parties hereto. 10. Underground Utilities Locates. If electric service is provided to the bus shelter structures, MVTA shall be responsible for locating any electric utility serving the Improvements under One Call and the electricity should be metered. 11. Snow and Ice Control. MVTA shall be responsible for snow and ice control in and around the bus shelter structures to a degree consistent with adjacent sidewalk/ trail facility, at a minimum. 12. Contact Information. MVTA's name and business telephone number must be prominently displayed on the facility. 13. Maintenance. The bus shelter structures must be maintained by the permittee in a manner that is consistent with the adjacent sidewalk or trail. It must be easily accessible from the street and sidewalk at all times, structurally safe, free of graffiti. 14. Improvements Replacement. Replacing a shelter for vandalism, damage, repair, maintenance, etc. will not require re -approval, provided shelter is replaced with exact same shelter (type, shape, dimensions, etc.). 15. Modification. If the bus shelter structures are to be modified (changing dimensions, adding electricity, etc.) or replaced by a different shelter (new type, shape, etc.) for any reason, re -approval is required. CITY OF EAGAN By: Mike Maguire Its: Mayor By: Cheryl L. Stevenson Its: Deputy Clerk MINNESOTA VALLEY TRANSIT AUTHORITY By: Luther Wynder Its: Executive Director Date: 2 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) This instrument was acknowledged before me this day of November, 2016 by Mike Maguire and Cheryl L. Stevenson, the Mayor and Deputy Clerk of the City of Eagan, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) This instrument was acknowledged before me this day of November, 2016 by , the of Minnesota Valley Transit Authority, a Minnesota Transportation Agency. Notary Public APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated: 3 Agenda Information Memo November 1, 2016 Eagan City Council Meeting CONSENT AGENDA L. Eagandale Center Industrial Park Easement Vacation Action To Be Considered: Receive a petition to vacate public easements located within Lots 9-11 and 27-30, Block 2, Eagandale Center Industrial Park (1256 Trapp Road), and schedule a public hearing to be held on December 6, 2016. Facts: ➢ On October 17, 2016, City staff received a petition from Mr. Wayne Hoovestol, owner of property at 1256 Trapp Road, requesting the vacation of public drainage and utility easements lying within Lots 9, 10, 11, 27, 28, 29 and 30, Block 2, as dedicated in the plat of Eagandale Center Industrial Park, in north central Eagan. ➢ The purpose of the request is to allow the recording of a re -plat of the properties for the proposed Fleetpark Addition development. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The request would vacate all of the public drainage and utility easements within this portion of the proposed development. The final plat would dedicate public drainage and utility easements that will adequately address the public drainage and utility purposes. The proposed plat, Fleetpark Addition, is scheduled for Council consideration at a future Council meeting. ➢ Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Attachments (2) CL -1 Location Map CL -2 Vacation Areas Exhibit Map of Location for Proposed 40'. Easement Vacation for 1256 Trapp Road City of Eapil Lots 9, 10, 11, 27, 28, 29 and 30 Block 2 of Eagandale Center Industrial Park Prepared by: City of Eagan GIS -TMS File: L:\USERS\ENGINEER\TStrid\Easement Vacations\1256 Trapp Road Fig.1 Fig. 1 10/25/2016 UTILITY EASEMENT %RARJ� ROAD TO BE VACATED AW10137'r JW.38 All that part of the drainage and utility easements lying within lots I hereby certify that this sketch, plan, or report was 9, 10, 11, 27, 28, 29, and 30, prepared by me or under my direct supervision and Block 2 as dedicated in the plot that I am a duly Licensed Land Surveyor under the of EAGANDALE CENTER laws of the State of Minnesota. INDUSTRIAL PARK. Dated this 30th day of August, 2016 SUNDE LAND SURVEYING, LL . By: -- - A Mark S. Hanson, P.L.S. Minn. Lie, No 15480 2016-101 691/64 T.27, R.23, S.03 2016101001vac.dwg MDT 9001 East Bloomington Min Freeway (3w) a Suite 118 Bloomington, PAnnesotq 554220-3435 jj'SUNDE 952-881-2455 (Fax: 952-888-9526) IANDrJ�,9Rlri,��G vvliw.asunlde.00m 1 -r , i, W1LOT 3 Loll 30 LAT 27 LOT 2(i 0 LOT 29 I 1 � v �JJ �rJ AW9`a9:37T �� a 9@.BO TSO°S9°.37"IY fM'R? I PROPOSED lRAP®7EdGHS"ENL ACAlVN SAjTCH { jRL.OT FOR. - i$ L.0 T11 I LOT 10 � LOT 9 gW LDT 0 FLn•Pj TP"K �/ �4G�J�� �itii "BITI®.N lPv' DRAINAGE AND UTILITY EASEMENT TO BE VACATED tL QCJ 3'69',37"!Y8� DRAINAGE AND 11 UTILITY EASEMENT II EAGAN ®AlDXrR/AL TO BE VACATED ROAD U PROPOSED EASEMENT J VACATION DESCRIPTION All that part of the drainage and utility easements lying within lots I hereby certify that this sketch, plan, or report was 9, 10, 11, 27, 28, 29, and 30, prepared by me or under my direct supervision and Block 2 as dedicated in the plot that I am a duly Licensed Land Surveyor under the of EAGANDALE CENTER laws of the State of Minnesota. INDUSTRIAL PARK. Dated this 30th day of August, 2016 SUNDE LAND SURVEYING, LL . By: -- - A Mark S. Hanson, P.L.S. Minn. Lie, No 15480 2016-101 691/64 T.27, R.23, S.03 2016101001vac.dwg MDT 9001 East Bloomington Min Freeway (3w) a Suite 118 Bloomington, PAnnesotq 554220-3435 jj'SUNDE 952-881-2455 (Fax: 952-888-9526) IANDrJ�,9Rlri,��G vvliw.asunlde.00m Agenda Information Memo November 1, 2016 Eagan City Council Meeting CONSENT AGENDA M. Contract 15-23, Well No. 3 Restoration Action To Be Considered: Approve Change Order No. 3 to Contract 15-23 (Well No. 3 Restoration — Water System Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. Facts: ➢ Contract 15-23 provides for the restoration and repair of Well No. 3. The well, and the associated well house, is one of the City's oldest wells. The well has been out of service since the end of summer 2014 with a broken pumping system. The proposed improvements address the unexpected failure of the pumping system and the practical replacement of related appurtenances. ➢ Change Order No. 3 provides for the following: o Discharge piping modifications and water line additions. The discharge piping needed a new air release valve for proper operation of the well pump and other pipe taps were desired to meet sample collection needs. (ADD $2,535.06). o Replacement of pump base to meet current well code. The existing pump base did not meet the current well code and did not allow for equipment access to the well. (ADD $5,783.40). ➢ The change order provides for an additional cost of $8,318.46 (or 2.4% of original bid) to the contract, and will be the responsibility of the Utilities Trunk Fund. The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city. ➢ This Change Order has been reviewed by the Public Works Department (Engineering and Utilities Divisions) and found to be in order for favorable Council action. Attachments (0) Agenda Information Memo November 1, 2016, Eagan City Council Meeting CONSENT AGENDA: O. Declaration Of Surplus Property Action To Be Considered: Declare an outdated shooting system as surplus for donation to the City of Rosemount. Facts: ➢ The City of Eagan previously purchased equipment that was used to train police officers in decision making. ➢ The system, known as Lasershot, simulated use of force situations necessitating the need for police officers to determine the appropriate level of force needed to resolve the scenario. ➢ The system is outdated and service is no longer available. Effectively, it has no value. ➢ The Eagan Citizens' Crime Prevention Association donated $30,000 to procure a new system. The system is now in place where the Lasershot equipment is obsolete. The City of Rosemount desires to utilize the equipment. ➢ Upon council action, the City of Rosemount will take possession. Attachments: (0) Agenda Information Memo November 1, 2016 Eagan City Council Meeting CONSENT AGENDA P. Project 1237, Cedar Grove/Hwy 77 Center Transit Station Water Improvements Action To Be Considered: Approve payment for Project 1237 (Cedar Grove/Hwy 77 Center Transit Station) in the amount of $17,571.84 to Metro Transit. Facts: ➢ In Spring 2016, Metro Transit began construction of the Cedar Grove/Cedar Avenue Freeway center median transit station, with pedestrian connection to the existing Cedar Grove transit station, south of Highway 13 and on the west side of Nicols Road in west -central Eagan. Public Works staff had worked with Metro Transit's designer on the proposed improvements including sharing as - built information. ➢ At the beginning of July, Metro Transit had challenges locating a City water main with regard to the placement of the foundation of the pedestrian overpass and the connection of a water service for the new station. ➢ Since the location of the water main was critical to the construction of the pedestrian bridge, extraordinary measures were required to locate the pipe and ensure that the bridge foundation and water main were not in conflict with each other. The existing water main was found at a depth of 24 feet. Typically, City water pipes are 7.5 feet deep. ➢ While the design allowed the coordination of the location of the water main and the installation of the new service, due to the very significant depth of the water main at the designed service connection point, staff directed a design change for the location of the new service connection. ➢ With the design change, additional costs were incurred for the significant location/excavation efforts and the additional water service length. The additional cost for both items is $17,571.84. ➢ Construction of the improvements, as designed, could have been completed without impact to the transit improvements. However, the liabilities of the potential water main conflict and future water service issues were not found to be in the City's best interest. ➢ Since the contract for the transit improvements is not a City contract, payment by the City should be made directly to Metro Transit for reimbursement of the related change order costs. As said work was completed under the Metro Transit's contract it will be warranted under said contract. In accordance with previous Council action approving past Capital Improvement Plan expenditures on this transit improvement, the Major Street Fund would finance the cost. Attachments (1) CP -1 Resolution CITY OF EAGAN RESOLUTION METRO TRANSIT REIMBURSEMENT PAYMENT WHEREAS, construction of the Cedar Grove/Cedar Avenue Freeway (TH 77) center median transit station, with pedestrian connection to the existing Cedar Grove transit station, located south of Trunk Highway 13 and on the west side of Nicols Road in west -central Eagan, is being completed under the authority of Metro Transit, and WHEREAS, City of Eagan Public Works staff have worked with Metro Transit on the center median transit station improvements, including sharing as -built utility information, and WHEREAS, challenges were encountered locating a City water main with regard to the placement of the foundation of the pedestrian bridge and the connection of a water service for the new station and since the location of the water main was critical to the construction of the pedestrian bridge, extraordinary measures were required to locate the City pipe and ensure that the bridge foundation and water main were not in conflict with each other, and WHEREAS, City of Eagan staff requested a design change for the location of the new water service connection due to the very significant depth of the water main encountered at the designed service connection point and, as a result, additional construction costs were incurred for the significant location/excavation efforts and the additional water service length, and WHEREAS, Sheehy Construction Company, Metro Transit contractor, has requested a change order to address the referenced additional construction work that includes a cost of $17,571.84 for the City of Eagan requested design change. NOW THEREFORE BE IT RESOLVED, the City of Eagan commits to payment of $17,571.84 to Metro Transit to fully address the additional costs incurred with the construction of the Cedar Grove/Cedar Avenue Freeway (TH 77) center median transit station. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: Deputy Clerk CERTIFICATION I, Cheryl L. Stevenson, Deputy Cleric of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1St day of November, 2016. Cheryl L. Stevenson Agenda Information Memo November 1, 2016 Eagan City Council Meeting PUBLIC HEARING A. Project 1198, Blackhawk Forest / Centex Vermilion Additions Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1198 (Blackhawk Forest / Centex Vermilion Additions - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1198 provided the resurfacing of approximately 5,450 feet of residential streets in the Blackhawk Forest / Centex Vermilion neighborhoods, in west central Eagan, as part of Contract 16-02. ➢ The Final Assessment Roll was presented to the City Council on October 4, 2016, with a public hearing scheduled for November 1, 2016, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 35.2% less than the estimate contained in the feasibility report presented at the public hearing held on February 2, 2016. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 24 to address all property owners' questions or concerns and provide any additional information of interest. Of the 298 residential properties being assessed, no one attended the meeting. Attachments (2) PHA -1 Final Assessment Report & Roll PHA -2 Map FINAL ASSESSMENT REPORT Final Feasibility Rate Report Units STREET Surf./Signs - Singel Family $ 331.02 $ 511.00 Lot Surf./Signs - Townhorne Units $ 248.26 $ 383.00 Unit Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 16-02 298 5 Yrs 3.5% 77,540.16 $ (42,159.84) $ 170,621.90 $ (73,778,10) 119,700.00 FR -35.2% $ 244,400.00 FR -30.2% fi- -3,City of Eakan Moo To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 25, 2016 Subject: Final Assessment Roll, Project 1198 Blackhawk Forest/ Centex Vermillion At the public hearing on Feb 02, 2016, the City Council ordered Project 1198. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Blackhawk Forest/ Centex Vermillion project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 16-02. The following information was used in the preparation of the assessment roll for Project 1198. P, ECT COST The total construction cost for this project is $202,747.41. This includes $200,990.28 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,757.13. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $45,414.65 were incurred, resulting in a total improvement and project cost of $248,162.06. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Bituminous Mill & Overlay - Blackhawk Forest/ Centex Concrete curb & gutter repair CONSTRUCTION COST 130,085.16 72,662.25 OTHER IMPROVEMENT FEASIBILITY COSTS COST REPORT 29,138.58 159,223.74 245,900.00 16,276.07 88,938.32 112,600.00 Utility improvements - 5,600.00 202,747.41 45,414.65 248,162.06 364,100.00 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) improvements: City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Blackhawk Forest/ Centex Vermillion costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: R-1 (single family) & R-3 (townhomes) 1 R-1 lot = 1 Equivalent residential Unit (ERU) 1 R-3 unit = 0.75 ERU TOTAL NUMBER OF ERU'S = (43 R-1) + (255 x 0.75 R-3) = 234.25 ERU % Low Density Residential (Single Family) = 10,622.0 F.F. / 10,900.0 F.F = 97.4% $159,223.74 (Bituminous Mill & Overlay - Blackhawk Forest/ Centex Vermillion Cost) x 97.4% x 50% =$77,540.16 $77,540.16 = $331.02 / ERU 234.25 Units R-1 assessment = 1 ERU = $331.02 / lot (43 lots) R-3 assessment = 0.75 ERU = $248.26 / unit (255 units) The remaining frontage within the project area (2.60%) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. A 9SMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Bituminous Mill & Overlay - Blackhawk Forest/ Centex Vermillion 159,223.74 77,540.16 81,683.58 Concrete curb & gutter repair 88,938.32 - 88,938.32 Utility improvements - 248,162.06 77,540.16 -170,621.90 CITY FUND RESPONSIBILITY 170,621.90 Major Street Fund: $170,621..90 Public Utilities: $ 0.00 Aaron Nelson, P.E. Reviewed . r IlIza, Date Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I Final Assessment Role City Project #1198 Blackhawk Forest/ Centex Vermilion Additions Robin Lane Red Fox Road 3660 ROBIN LN 101432502110 1 $ 331.02 $ 331.02 R -I Residential P.I.N. R-1 Residential P.I.N. Lot Equivalent Unit Assessment 101432502140 Total 1824 RED FOX RD 101432502290 1 $ 331.02 $ 331.02 1828 RED FOX RD 101432502280 1 $ 331.02 $ 331.02 1832 RED FOX RD 101432502270 1 $ 331.02 $ 331.02 1836 RED FOX RD 101432502260 1 $ 331.02 $ 331.02 1840 RED FOX RD 101432502250 1 $ 331.02 $ 331.02 1843 RED FOX RD 101432501060 1 $ 331.02 $ 331.02 1844 RED FOX RD 101432502240 1 $ 331.02 $ 331.02 1847 RED FOX RD 101432501050 1 $ 331.02 $ 331.02 1848 RED FOX RD 101432502230 1 $ 331.02 $ 331.02 1851 RED FOX RD 101432501040 1 $ 331.02 $ 331.02 1852 RED FOX RD 101432502220 1 $ 331.02 $ 331.02 1855 RED FOX RD 101432501030 1 $ 331.02 $ 331.02 1856 RED FOX RD 101432502210 1 $ 331.02 $ 331.02 1859 RED FOX RD 101432501020 1 $ 331.02 $ 331.02 1860 RED FOX RD 101432502200 1 $ 331.02 $ 331.02 1863 RED FOX RCI _ _ 101432501010 1 $ 331.02 $ 331.02 101432503110 Subtotal 16 331.02 $ 331.02 $ 5,296.32 Robin Lane Deer Pond Circle P.I.N. Lot Equivalent Unit Assessment Total 3660 ROBIN LN 101432502110 1 $ 331.02 $ 331.02 R -I Residential P.I.N. Lot Equivalent Unit Assessment Total 1840 DEER POND CIR 101432502140 1 $ 331.02 $ 331.02 1844 DEER POND CIR 101432502130 1 $ 331.02 $ 331.02 1847 DEER POND CIR 101432502150 1 $ 331.02 $ 331.02 1848 DEER POND CIR 101432502120 1 $ 331.02 $ 331.02 101432503040 Subtotal 4 331.02 $ 331.02 $ 1.324.08 Robin Lane R-1 Residential P.I.N. Lot Equivalent Unit Assessment Total 3660 ROBIN LN 101432502110 1 $ 331.02 $ 331.02 Subtotal i 1 $ 331.02 Brown Bear Trail R-1 Residential P.I.N. Lot Equivalent Unit Assessment Total 3715 BROWN BEAR TR. 101432503010 1 $ 331.02 $ 331.02 3719 BROWN BEAR TR. 101432503020 1 $ 331.02 $ 331.02 3723 BROWN BEAR TR, 101432503030 1 $ 331.02 $ 331.02 3727 BROWN BEAR TR. 101432503040 1 $ 331.02 $ 331.02 3730 BROWN BEAR TR. 101432503220 1 $ 331.02 $ 331.02 3731 BROWN BEAR TR. 101432503050 1 $ 331,02 $ 331.02 3734 BROWN BEAR TR. 101432503210 1 $ 331.02 $ 331,02 3735 BROWN BEAR TR, 101432503060 1 $ 331,02 $ 331.02 3738 BROWN BEAR TR, 101432503200 1 $ 331.02 $ 331.02 3739 BROWN BEAR TR. 101432503070 1 $ 331.02 $ 331.02 3743 BROWN BEAR TR. 101432503080 1 $ 331.02 $ 331.02 3746 BROWN BEAR TR. 101432503190 1 $ 331.02 $ 331.02 3747 BROWN BEAR TR. 101432503090 1 $ 331,02 $ 331.02 3751 BROWN BEAR TR. 101432503100 1 $ 331,02 $ 331.02 3754 BROWN BEAR TR, 101432503180 1 $ 331.02 $ 331.02 3758 BROWN BEAR TR. 101432503170 1 $ 331.02 $ 331.02 3759 BROWN BEAR TR. 101432503110 1 $ 331.02 $ 331.02 $762 BROWN BEAR TR. 101432503160 1 $ 331.02 $ 331.02 3763 BROWN BEAR TR. 101432503120 1 $ 331.02 $ 331.02 3766 BROWN BEAR TR. 101432503150 1 $ 331.02 $ 331.02 3767 BROWN BEAR 711. 101432503130 1 $ 331.02 $ 331.02 3772 BROWN BEAR TR. 101432503140 1 $ 331.02 $ 331.02 $ Subtotal 22 101693504801 0.75 $ 7,282.44 Burgundy Drive R-3 Residential P.I.N. Lot Equivalent Unit Assessment Total 3640 BURGUNDY DR. 101693504804 0.75 $ 331.02 $ 248.26 3642 BURGUNDY DR. 101693504803 0.75 $ 331.02 $ 248.26 3644 BURGUNDY DR. 101693504801 0.75 $ 331.02 $ 248.26 3646 BURGUNDY DR. 101693504802 0.75 $ 331.02 $ 248.26 3648 BURGUNDY DR. 101693504704 0.75 $ 331.02 $ 248.26 3650 BURGUNDY DR, 101693504703 0.75 $ 331.02 $ 248.26 3652 BURGUNDY DR. 101693504701 0.75 $ 331.02 $ 248.26 3654 BURGUNDY DR. 101693504702 0.75 $ 331.02 $ 248.26 3701 BURGUNDY DR. 101693506403 0.75 $ 331.02 $ 248.26 3703 BURGUNDY DR. 101693506402 0.75 $ 331.02 $ 248.26 3705 BURGUNDY DR. 101693506401 0.75 $ 331.02 $ 248.26 3707 BURGUNDY DR. 101693606304 0.75 $ 331.02 $ 248.26 3709 BURGUNDY DR. 101693606303 0.75 $ 331.02 $ 248.26 3711 BURGUNDY DR, 101693606302 0.75 $ 331.02 $ 248.26 3713 BURGUNDY DR. 101693606301 0.75 $ 331.02 $ 248.26 3715 BURGUNDY DR. 101693606205 0.75 $ 331.02 $ 248.26 3717 BURGUNDY DR, 101693606204 0.75 $ 331.02 $ 248.26 3719 BURGUNDY DR. 101693606203 0.75 $ - 331.02 $ 248.26 3721 BURGUNDY DR. 101693606202 0.75 $ 331.02 $ 248.26 3723 BURGUNDY DR. 101693606201 0.75 $ 331.02 $ 248.26 3725 BURGUNDY DR, 101693606104 0.75 $ 331.02 $ 248.26 3727 BURGUNDY DR, 101693606103 0.75 $ 331.02 $ 248.26 3729 BURGUNDY DR. 101693606102 0.75 $ 331.02 $ 248.26 3731 BURGUNDY DR, 101693606101 0.75 $ 331.02 $ 248.26 3737 BURGUNDY DR. 106712505010 0.75 $ 331.02 $ 248.26 3739 BURGUNDY DR. 106712505020 0.75 $ 331.02 $ 248.26 3740 BURGUNDY DR. 106712506020 0.75 $ 331.02 $ 248.26 3741 BURGUNDY DR. 106712505030 0.75 $ 331.02 $ 248.26 3742 BURGUNDY DR. 106712506010 0.75 $ 331.02 $ 248.26 3744 BURGUNDY DR. 106712507010 0.75 $ 331.02 $ 248.26 3746 BURGUNDY DR. 106712507020 0.75 $ 331.02 $ 248.26 3748 BURGUNDY DR. 106712507030 0.75 $ 331.02 $ 248.26 3750 BURGUNDY DR, 106712508020 0.75 $ 331.02 $ 248.26 3752 BURGUNDY DR. 106712508010 0.75 $ 331.02 $ 248.26 3754 BURGUNDY DR. 106712509020 0.75 $ 331.02 $ 248.26 3756 BURGUNDY DR. 106712509010 0.75 $ 331.02 $ 248.26 3758 BURGUNDY DR. 106712510020 0.75 $ 331.02 $ 248.26 3760 BURGUNDY DR. 106712510010 0.75 $ 331.02 $ 248.26 3762 BURGUNDY DR. 106712511020 0.75 $ 331.02 $ 248.26 3764 BURGUNDY DR. 106712511010 0.75 $ 331.02 $ 248.26 3766 BURGUNDY DR. 106712512030 0.75 $ 331.02 $ 248.26 3767 BURGUNDY DR. 106712504020 0.75 $ 331.02 $ 248.26 3768 BURGUNDY DR, 106712512020 0.75 $ 331.02 $ 248.26 3769 BURGUNDY DR. 106712504010 0.75 $ 331.02 $ 248.26 3770 BURGUNDY DR. 106712512010 0.75 $ 331.02 $ 248.26 3771 BURGUNDY DR. 106712503030 0.75 $ 331.02 $ 248.26 3772 BURGUNDY DR, 106712513030 0.75 $ 331.02 $ 248.26 3773 BURGUNDY DR. 106712503020 0.75 $ 331.02 $ 248.26 3774 BURGUNDY DR. 1 106712513020 0.75 $ 331.02 $ 248.26 3775 BURGUNDY DR. 106712503010 0.75 $ 331.02 $ 248.26 3776 BURGUNDY DR. 106712513010 0.75 $ 331.021$ 248.26 3777 BURGUNDY DR. 106712502020 0.75 $ 331.02 $ 248.26 3778 BURGUNDY DR, 106712514030 0.75 $ 331,02 $ 248.26 3779 BURGUNDY DR. 106712502010 0.75 $ 331.02 $ 248.26 3780 BURGUNDY DR, 106712514020 0.75 $ 331.02 $ 248.26 3781 BURGUNDY DR. 106712501020 0.75 $ 331,02 $ 248.26 3782 BURGUNDY DR. 106712514010 0.75 $ 331.02 $ 248.26 3783 BURGUNDY DR, 106712501010 0.75 $ 331.02 $ 248.26 3784 BURGUNDY DR, 106712515020 0,75 $ 331.02 $ 248.26 37858URGUNDVOR. _ 106712515010 0.75 $ 331.02 $ 248.26 0.75 $ Subtotal 45 248.26 3716 VERMILION CTS $ 14,895.60 VERMILION Court South R-3 Residential P.I.N. Lot Equivalent UnitAssessment Total 3700 VERMILION CTS 101693604612 0.75 $ 331.02 $ 248.26 3702 VERMILION CTS 101693604611 0.75 $ 331.02 $ 248.26 3704 VERMILION CTS 101693604610 0.75 $ 331.02 $ 248.26 3706 VERMILION CT S 101693604609 0.75 $ 331.02 $ 248.26 3708 VERMILION CT S 101693604608 0.75 $ 331.02 $ 248.26 3710 VERMILION CTS 101693604607 0.75 $ 331.02 $ 248.26 3712 VERMILION CT S 101693604601 0.75 $ 331.02 $ 248.26 3714 VERMILION CT 5 101693604602 0.75 $ 331.02 $ 248.26 3716 VERMILION CTS 101693604603 0.75 $ 331.02 $ 248,26 3718 VERMILION CT S 101693604604 0.75 $ 331.02 $ 248.26 3720 VERMILION CTS 101693604605 0.75 $ 331.02 $ 248.26 3722 VERMILION CTS 101693604606 0.75 $ 331.02 $ 248,26 3724 VERMILION CTS 101693604512 0.75 $ 331:02 $ 248.26 3726 VERMILION CT S 101693604511 0.75 $ 331.02 $ 248,26 3728 VERMILION CTS 101693604510 0.75 $ 331.02 $ 248.26 3730 VERMILION CT S 101693604509 0.75 $ 331.02 $ 248.26 3732 VERMILION CT S 101693604508 0.75 $ 331.02 $ 248.26 3734 VERMILION CT S 101693604507 0.75 $ 331,02 $ 248.26 3736 VERMILION CTS 101693604501 0.75 $ 331.02 $ 248.26 3738 VERMILION CT S 101693604502 0.75 $ 331.02 $ 248.26 3740 VERMILION CTS 101693604503 0.75 $ 331.02 $ 248.26 3742VERMILION CTS 101693604504 0,75 $ 331.02 $ 248.26 3744 VERMILION CT S 101693604505 0.75 $ 331.02 $ 248.26 3746 VERMILION CT S 101693604506 0.75 $ 331.02 $ 248.26 3748 VERMILION CTS 101693604410 0.75 $ 331.02 $ 248.26 3750 VERMILION CTS 101693604409 0.75 $ 331.02 $ 248.26 3752 VERMILION CTS 101693604408 0.75 $ 331.02 $ 248.26 3754 VERMILION CTS 101693604407 0.75 $ 331.02 $ 248.26 3756 VERMILION CT S 101693604406 0.75 $ 331.02 $ 248.26 3758 VERMILION CT S 101693604401 0.75 $ 331.02 $ 248.26 3760 VERMILION CTS 101693604402 0.75 $ 331.02 $ 248.26 3762 VERMILION CTS 101693604403 0.75 $ 331.02 $ 248.26 3764 VERMILION CT S 101693604404 0.75 $ 331.02 $ 248.26 3766 VERMILION CT S 101693604405 0.75 $ 331.02 $ 248.26 3768 VERMILION CT S 101693604310 0.75 $ 331.02 $ 248.26 3770 VERMILION CTS 101693604309 0.75 $ 331.02 $ 248.26 3772 VERMILION CT S 101693604308 0.75 $ 331,02 $ 248.26 3774 VERMILION CT S 101693604307 0.75 $ 331.02 $ 248.26 3776 VERMILION CTS 101693604306 0.75 $ 331.02 $ 248.26 3778 VERMILION CT S 101693604301 0.75 $ 331.02 $ 248.26 3780 VERMILION CT S 101693604302 0.75 $ 331.02 $ 248.26 3782 VERMILION CTS 101693604303 0.75 $ 331.02 $ 248,26 3784 VERMILION CT S 101693604304 0.75 $ 331.02 $ 248.26 3786 VERMILION CT S 101693604305 0.75 $ 331.02 $ 248.26 3788 VERMILION CT S 101693604212 0.75 $ 331.02 $ 248,26 3790 VERMILION CTS 101693604211 0.75 $ 331.02 $ 248.26 3792 VERMILION CT S 101693604210 0.75 $ 331.021$ 248.26 3794VERMILION CTS 101693604209 0.75 1 $ 331.021 $ 248,26 3796 VERMILION CT 101693604208 0.75 $ 331.02 $ 248.26 3798 VERMILION CTS 101fi93604207 0.75 $ 331.02 $ 248.26 3800 VERMILION CTS 101693604201 0.75 $ 331.02 $ 248.26 3802 VERMILION CTS 101693604202 0.75 $ 331.02 $ 248.26 3804 VERMILION CT S 101693604203 0,75 $ 331.02 $ 248.26 3806 VERMILION CT 5 101693604204 0.75 $ 331.02 248.26 3808 VERMILION CTS 101693604205 0.75 $ 331.02 $ 248.26 3810 VERMILION CT 101693604206 0,75 $ 331.02 $ 248.26 3812 VERMILION CT S 101693604112 0.75 $ 331.02 248.26 3814 VERMILION CTS 101693604111 0.75 0.75 331.02 $ 248.26 3816 VERMILION CT S 101693604110 0.75 $ 331,02 7 248.26 3818 VERMILION CT 5 101693604109 0.75 $ 331.02 248,26 3820 VERMILION CTS 101693604108 0.75 $ 331.02 $ 248.26 3822 VERMILION CT S 101693604107 0.75 $ 331.02 $ 248.26 3824 VERMILION CTS 101693604101 0.75 $ 331.02 $ 248.26 3826 VERMILION CTS 101693604102 0.75 $ 331.02 $ 248.26 3828 VERMILION CTS 101693604103 0,75 $ 331,02 248.26 3830 VERMILION CT 5 101693604104 0.75 $ 331,02 248.26 3832 VERMILION CT 5 101693604105 0.75 $ 331.02 $ 248,26 3934VERMILION(TS 101693604106 0.75 $ 331.021$ 248.26 0.75 Subtotal 51 $ 248.26 $ 16881,68 VERMILION Court North R-3 Residential P.I.N. lot Equivalent Unit Assessment Total 3619 VERMILION CT N 101693505101 0.75 $ 331.02 $ 248.26 3620 VERMILION CT N 101693505412 0.75 $ 331.02 $ 248.26 3621 VERMILION CT N 101693505102 0.75 $ 331.02 $ 248.26 3622 VERMILION CT N 101693505411 0.75 $ 331.42 $ 248.26 3623 VERMILION CT N 101693505103 0.75 $ 331.02 $ 248.26 3624 VERMILION CT N 101693505410 0.75 $ 331.02 248.26 3625 VERMILION CT N 101693505104 0.75 7 331.02 $ 248.26 3626 VERMILION CT N 101693505409 0.75 $ 331.02 248.26 3627 VERMILION CT N 101693505105 0.75 $ $31.02 $ 248.26 3628 VERMILION Cr N 101693505408 0.75 $ 331.02 $ 248.26 3629 VERMILION CT N 101693505106 0.75 $ 331.02 $ 248.26 3630 VERMILION CT N 101693505407 0.75 $ 331.02 $ 248.26 3631 VERMILION CT N 101693505112 0.75 $ 331,02 $ 248.26 3632 VERMILION CT N 101693505401 0.75 $ 331.02 $ 248.26 3633 VERMILION CT N 101693505111 0.75 $ 331.02 $ 248.26 3634 VERMILION CT N 101693505402 0.75 331.02 $ 248.26 3635 VERMILION CT N 101693505110 0.75 $ 331.02 $ 248.26 3636 VERMILION CT N 101693505403 0.75 $ 331.02 $ 248.26 3637 VERMILION CT N 101693505109 0.75 $ 331.02 $ 248.26 3638 VERMILION CT N 101693505404 0.75 $ 331.02 248.26 3639 VERMILION CT N 101693505108 0.75 $ 331.02 $ 248.26 3640 VERMILION CT N 101693505405 0.75 $ 331.02 $ 248.26 3641 VERMILION CT N 101693505107 0.75 $ 331.02 248.26 3642 VERMILION CT N 101693505406 0.75 $ 331.02 $ 248.26 3643 VERMILION CT N 101693505001 0.75 $ 331.02 $ 248.26 3644 VERMILION CT N 101693505312 0.75 $ 331.02 $ 248.26 3645 VERMILION CT N 101693505002 0.75 331.02 $ 248.26 3646 VERMILION CT N 101693505311 0.75 $ 331.02 $ 248.26 3647 VERMILION CT N 101693505003 0.75 $ 331.02 $ 248.26 3648 VERMILION CT N 101693505310 0.75 $ 331.02 $ 248.26 3649 VERMILION Cr N 101693505004 0.75 $ 331.02 $ 248.26 3650 VERMILION CT N 101693505309 0.75 $ 331.02 248,26 3651 VERMILION CT N 101693505005 0.75 $ 331.02 $ 248.26 3652 VERMILION Cr N 101693505308 0.75 $ 331.02 $ 248.26 3653 VERMILION CT N 101693505006 0.75 $ 331,02 $ 248.26 3654 VERMILION CT N 101693505307 0.75 $ 331.02 $ 248.26 3655 VERMILION Cr N 101693505012 0.75 $ 331.02 $ 248.26 3655 VERMILION Cr N 101693505301 0.75 331.02 $ 248.26 3657 VERMILION CT N 101693505011 0.75 $ 331.02 248.26 3658 VERMILION CT N 101693505302 0,75 $ 331.02 $ 248.26 3659 VERMILION CT N 101693505010 0.75 $ 331.02 $ 248.26 3660 VERMILION CT N 101693505303 0.75 $ 331.02 $ 248.26 3661 VERMILION CT N 101693505009 0.75 $ 331,02 $ 248.26 3662 VERMILION CT N 101693505304 0.75 A 331.02 $ 248.26 3663 VERMILION CT N 101693505008 0.75 $ 331.02 $ 248,26 3664 VERMILION CT N 101693505305 0.75 $ 331.02 $ 248.26 3665 VERMILION CT N 101693505007 0.75 $ 248.26 331,02 $ 248.26 3666 VERMILION CT N 101693505306 0.75 $ 331.02 $ 248.26 3667 VERMILION CT N 101693504901 0.75 $ 331.02 $ 248.26 3668 VERMILION CT N 101693505212 0.75 $ 331.02 $ 248.26 3669 VERMILION CT N 101693504902 0,75 $ 331.02 $ 248.26 3670 VERMILION CT N 101693505211 0.75 $ 331.02 $ 248.26 3671 VERMILION CT N 101693504903 0.75 $ 331.02 $ 248.26 3672 VERMILION CT N 101693505210 0.75 $ 331.02 $ 248.26 3673 VERMILION CT N 101693504904 0.75 $ 331.02 $ 248.26 3674 VERMILION CT N 101693505209 0.75 $ 331.02 $ 248.26 3675 VERMILION CT N 101693504905 0.75 $ 331.02 $ 248.26 3676 VERMILION CT N 101693505208 0.75 $ 331.02 $ 248.26 3677 VERMILION Cr N 101693504906 0.75 $ 331.02 $ 248.26 3678 VERMILION CT N 101693505207 0.75 $ 331.02 $ 248.26 3679 VERMILION CT N 101693504912 0.75 $ 331.02 $ 248.26 3680 VERMILION CT N 101693505201 0.75 $ 331.02 $ 248.26 3681 VERMILION CT N 101693504911 0.75 $ 331.02 $ 248.26 3682 VERMILION CT N 101693505202 0.75 $ 331.02 1 248.26 3683 VERMILION CT N 101693504910 0.75 $ 331.02 $ 248.26 3684 VERMILION CT N 101693505203 0.75 $ 331.02 $ 248.26 3685 VERMILION CT N 101693504909 0.75 $ 331.02 $ 248.26 3686 VERMILION CT N 101693505204 0.75 $ 331.02 $ 248.26 3687 VERMILION CT N 101693504908 0.75 $ 331.02 $ 248.26 3688 VERMILION CT N 101693505205 0.75 $ 248,26 331.02 $ 248.26 3689 VERMILION CT N 101693504907 0.75 $ 331.02 $ 248.26 3690VERMILION r N 101693505206 0.75 $ 331.02 $ 248.26 0.75 Subtotal 54 $ 248.26 1 $ 17.874.72 Merlot Curve R»3 Residential P.I.N. Lot Equivalent Unit Assessment Total 1801 MERLOT CURVE 101693607901 0.75 $ 331.02 $ 248.26 1802MERLOTCURVE 101693606504 0.75 $ 331.02 $ 248.26 1804MERLOTCURVE 101693606503 0.75 $ 331.02 $ 248.26 1805 MERLOT CURVE 101693607902 0,75 $ 331.02 $ 248.26 1806 MERLOT CURVE 101693606502 0.75 331.02 $ 248.26 1808 MERLOT CURVE 101693606501 0.75 $ 331.02 $ 248.26 1809 MERLOT CURVE 101693607903 0.75 $ 331.02 $ 248,26 1810 MERLOT CURVE 101693606605 0.75 $ 331.02 $ 248.26 1812 MERLOT CURVE 101693606604 0,75 $ 331.02 $ 248.26 1813 MERLOT CURVE 101693607801 0.75 $ 331.02 $ 248.26 1814 MERLOT CURVE 101693606603 0.75 $ 331.02 $ 248,26 1816 MERLOT CURVE 101693606602 0.75 $ 331.02 $ 248.26 1817 MERLOT CURVE 101693607802 0.75 $ 331.02 $ 248.26 1818MERLOTCURVE 101693606601 0,75 $ 331.02 $ 248.26 1820 MERLOT CURVE 101693606704 0.75 $ 331.02 $ 248.26 1821 MERLOT CURVE 101693607803 0.75 $ 331,02 $ 248.26 1822 MERLOT CURVE 101693606703 0,75 $ 331.02 $ 248.26 1824 MERLOT CURVE 101693606702 0.75 $ 331.02 $ 248.26 1825 MERLOT CURVE 101693607701 0.75 $ 331.02 $ 248.26 1826 MERLOT CURVE 101693606701 0.75 $ 331,02 $ 248.26 1828 MERLOT CURVE 101693606805 0.75 $ 331.02 $ 248.26 1829 MERLOT CURVE 101693607702 0.75 $ 331.02 $ 248.26 1830 MERLOT CURVE 101693606804 0.75 $ 331,02 $ 248,26 1833 MERLOT CURVE 101693607703 0.75 $ 331,02 $ 248.26 1834 MERLOT CURVE 101693606802 0.75 $ 331.02 $ 248.26 1836 MERLOT CURVE 101693606801 0.75 $ 331.02 $ 248.26 1838 MERLOT CURVE 101693506904 0.75 $ 331.02 $ 248,26 1840MERLOT CURVE 101693506903 0.75 $ 331.02 $ 248.26 1841 MERLOT CURVE 101693507601 0.75 $ 331.02 $ 248.26 1842 MERLOTCURVE 101693506902 0.75 $ 331.02 $ 248.26 1843 MERLOT CURVE 101693507602 0.75 331.02 $ 248.26 1844 MERLOT CURVE 101693506901 0.75 $ 331.02 $ 248.26 1845 MERLOT CURVE 101693507603 0.75 $ 331.02 $ 248.26 1846 MERLOTCURVE 101693507003 0.75 $ 331.02 $ 248.26 1847 MERLOT CURVE 101693507604 0.75 $ 331.02 $ 248.26 1848 POERLOT CURVE 101693507002 0.75 $ 331.02 $ 248.26 1850 MERLOT CURVE 101693507001 0.75 $ 331.02 248.26 1853 MERLOT CURVE 101693507104 0.75 $ 331.02 $ 248.26 1855 MERLOT CU RVE 101693507103 0.75 331.02 $ 248.26 1857 MERLOT CURVE 101693507102 0.75 $ 331.02 248.26 1859 MERLOT CURVE 101693507101 0.75 $ 331.02 $ 248.26 1862 MERLOT CURVE 101693507203 0.75 331.02 $ 248.26 1862 MERLOT CURVE 101693507501 0.75 $ 331.02 248.26 1863 MERLOT CURVE 101693507202 0.75 331.02 $ 248.26 1864 MERLOT CURVE 101693507502 0.75 $ 331.02 $ 248.26 1865 MERLOT CURVE 101693507201 0.75 $ 331.02 $ 248.26 1866 MERLOT CURVE 101693507503 0.75 $ 331.02 $ 248.26 1867 MERLOT CURVE 101693507304 0.75 $ 331.02 $ 248.26 1868 MERLOT CURVE 101693507401 0.75 331.02 $ 248.26 1869 MERLOT CURVE 101693507303 0.75 $ 331.02 $ 248.26 1870MERLOTCURVE 101693507402 0.75 $ 331.02 $ 248.26 1871 MERLOT CURVE 101693507302 0.75 $ 331.02 $ 248.26 1872 MERLOT CURVE 101693507403 0.75 $ 331.02 $ 248.26 1873 MERLOT CURVE 101693507301 0.75 $ 331.02 $ 248.26 1974 MERLOT CURVE 101693507404 0.75 $ 331.02 $ 248.26 Subtotal 41.28 $ 13,654.30 Total R-1 lots 43 lots $ 14,233.86 R-3 units 191.25 ERU's $ 63,306.30 77,540.16 Agenda Information Memo November 1, 2016 Eagan City Council Meeting PUBLIC HEARING B. Project 1199, Red Oaks, Woodlands 4t", Verdant Hills, Verdant Acres Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1199 (Red Oaks, Woodlands 4t", Verdant Hills Verdant Acres - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1199 provided for the resurfacing of approximately 2,400 feet of residential streets in the Red Oaks, Woodlands 4t", Verdant Hills and Verdant Acres neighborhoods, in east central Eagan, as part of Contract 16-02. ➢ The Final Assessment Roll was presented to the City Council on October 4, 2016, with a public hearing scheduled for November 1, 2016, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 39.4% less than the estimate contained in the feasibility report presented at the public hearing held on February 2, 2016. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 24 to address all property owners' questions or concerns and provide any additional information of interest. Of the 53 residential properties being assessed, no one attended the meeting. Attachments (2) PHB-1 Final Assessment Report & Roll PHB-2 Map FINAL ASSESSMENT REPORT PUBLIC HEARING DATES Assessment: November 1, 2016 Project Approval: February 2, 2016 Final Feasibility Rate Report [Trots Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 16-02 53 5 yrs 3.5% $ 35,309.66 $ (22,990.34) $ 71,763.01 $ (34,536.99) $ 58,300.00 FR -39,4% $ 106,300.00 FR -32.5% 4111" City of I I M010 To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 25, 2016 Subject: Final Assessment Roll, Project 1199 Red Oaks, Woodlands 4th, Verdant Hills & Verdant Acres At the public hearing on Feb 02, 2016, the City Council ordered Project 1199. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Red Oates, Woodlands 4th, Verdant Hills & Verdant Acres project. in accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 16-02. The following information was used in the preparation of the assessment roll for Project 1199. PROJECT COST The total construction cost for this project is $83,761.41. This includes $83,177.67 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $583.74. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $23,311.26 were incurred, resulting in a total improvement and project cost of $107,072.67. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST Bituminous Mill & Overlay - Red Oaks, Woodlands 4th, Verdant 57,293.91 Concrete curb and gutter repairs 26,467.50 Utility improvements ASSESSMENTS Trunk Assessments COSTS COST REPORT 15,945.21 73,239.12 7,366.05 33,833.55 83,761.41 23,311.26 107,072.67 121,200.00 41,400.00 2,000.00 164,600.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) Improvements: .sty's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Red Oaks, Woodlands 4th, Verdant Hills & Verdant Acres costs are assessable for Low Density Residential (Single Family) properties. The streets in this neighborhood received a prorated early deterioration adjustment factor due to some of them not reaching their anticipted 20 year life expectancy. Therefore, only 99.2% of the costs for this project are assessable. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: % Low Density Residential (Single Family) = 4,673.0 F.F. / 4,810.0 F.F = 97.2% $73,239.12 (Bituminous Mill & Overlay - Red Oaks, Woodlands 4th, Verdant Hills & Verdant Acres Cost) x 97.2% x 50% x 99.2% _ $35,309.66 $35,309.66 e $666.22 /Unit 53 U n its The remaining frontage within the project area (2.80%) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.5% per annurn on the unpaid balance. CITY REVENUES (RESPONSIBILITY) CITY FUND RESPONSIBILITY 71,763.01 Major Street Fund: $71,763.01 Public Utilities: $ 0.00 Aaron Nelson, P.E. IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Bituminous Mill & Overlay - Red Oaks, Woodlands 4th, Verdant Hills & Verdant Acres 73,239.12 35,309.66 37,929.46 Concrete curb and gutter repairs 33,833.55 - 33,833.55 Utility improvements - 107,072.67 35,309.66 71,763.01 CITY FUND RESPONSIBILITY 71,763.01 Major Street Fund: $71,763.01 Public Utilities: $ 0.00 Aaron Nelson, P.E. Reviewed XI— 744 Public W s Department Gate Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant i (:Ij"� Finance D a ment ',ny Date Final Assessment Rale City Project #1199 Red Oaks/Woodlands 4th/Verdant Acres Betty Lane R-1 Residential P.I.N. Lot Equivalent unit Assessment Total 870 BETTY LN 108362301040 1 $ 666.22 $ 666.22 871 BETTY LN 106310001030 1 $ 666.22 $ 666.22 876 BETTY LN 108362301030 1 $ 666.22 $ 666.22 877 BETTY LN 106310001020 1 $ 666.22 $ 666.22 882 BETTY LN 108362301020 1 $ 666.22 $ 666.22 883 BETTY LN 106310001010 1 $ 666.22 $ 666.22 666,22 Subtotal 6 1 $ 3,997.32 Woodland Court R-1 Residential R-1 Residential P.I.N. Lot Equivalent unit Assessment 3546 WOODLAND TRL Total 3550 WOODLAND CT 107587902070 1 $ 666.22 $ 666.22 3555 WOODLAND CT 107587901100 1 $ 666.22 $ 666.22 3559 WOODLAND CT 107587901090 1 $ 666.22 $ 666.22 3563 WOODLAND CT 107587901080 1 $ 666.22 $ 666.22 3565 WOODLAND CT 107587901070 1 $ 666.22 $ 666,22 3569 WOODLAND CT 107587901060 1 $ 666.22 $ 666.22 3574 WOODLAND CT 108150001010 1 $_ 666.22- $ 666.22 3575 WOODLAND CT 108150001060 1 $ 666,22 $ 666.22 3577 WOODLAND CT 106480001140 1 $ 666.22 $ 666.22 3578 WOODLAND Cr 108150001020 1 $ 666.22 $ 666.22 3579 WOODLAND CT 108150001050 1 $ 666.22 $ 666.22 3580 WOODLAND CT 108157701020 1 $ 666.22 $ 666.22 3581 WOODLAND Cr 106480001150 1 $ 666.22 $ 666.22 3582 WOODLAND CT 108157701010 1 $ 666.22 $ 666.22 3583 WOODLAND Cr 108157501110 1 $ 666,22 $ 666.22 3586 WOODLAND CT 108157601020 1 $ 666.22 $ 666.22 3587 WOODLAND CT 108157501100 1 $ 666.22 $ 666.22 3590 WOODLAND CT 108157501020 1 $ 666.22 $ 666.22 3591 WOODLAND CT 108157501090 1 $ 666.22 $ 666.22 3594 WOODLAND CT 108157501030 1 $ 666.22 $ 666.22 3595 WOODLAND CT 108157501080 1 $ 666.22 $ 666.22 3598 WOODLAND CT 108157501040 1 $ 666.22 $ 666,22 3599 WOODLAND CT 106480301020 1 $ 666.22 $ 666.22 3602 WOODLAND CT 108157501050 1 $ 666.22 $ 666.22 3603 WOODLAND CT 108157501060 1 $ 666.22 $ 666.22 Subtotal 25 $ 16,655.50 Woodland Trail R-1 Residential P.I.N. Lot Equivalent unit Assessment Total 3546 WOODLAND TRL 107587902010 1 $ 666.22 $ 666.22 3550 WOODLAND TRL 107587902020 1 $ 666.22 $ 666.22 3551 WOODLAND TRL 107587903020 1 $ 666.22 $ 666.22 3554 WOODLAND TRL 107587902030 1 $ 666.22 $ 666.22 3555 WOODLAND TRL 107587903030 1 $ 666.22 $ 666.22 3558 WOODLAND TRL 107587902040 1 $ 666.22 $ 666.22 3559 WOODLAND TRL 107587903040 1 $ 666.22 $ 666.22 3562 WOODLAND TRL 107587902050 1 $ 666.22 $ 666.22 3563 WOODLAND TRL 107587903050 1 $ 666.22 $ 666.22 3566 WOODLAND TRL 107587902060 1 $ 666.22 $ 666.22 3567 WOODLAND TRL 107587903060 1 $ 666.22 $ 666.22 3571 WOODLAND TRL 107587903070 1 $ 666.22 $ 666.22 3575 WOODLAND TRL 107587903080 1 $ 666.22 $ 666.22 3579 WOODLAND TRL 107587903090 1 $ 666.22 $ 666.22 3583WOODLANDTRL 107587903100 1 $ 666.22 $ 666.22 3584 WOODLAND TRL 107587901110 1 $ 666.22 $ 666.22 3587 WOODLAND TRL 107587903110 1 $ 666.22 $ 666.22 3588 WOODLAND TRL 107587901120 1 $ 666.22 $ 666.22 3591 WOODLAND TRL 107587903120 1 $ 666.22 $ 666.22 3592 WOODLAND TRL 107587901130 1 $ 666.22 $ 666.22 3596 WOODLAND TRL 107587901140 1 $ 666.22 $ 666.22 3600 WOODLAND TRL 107587901150 Subtotal 1 22 $ 666.22 $ 1 $ 666.22 14,656.84 Total R-1 lots 53 lots $ 35,309.66 Agenda Information Memo November 1, 2016 Eagan City Council Meeting PUBLIC HEARING C. Project 1200, Diffley Commons Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1200 (Diffley Commons - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1200 provided for the resurfacing of approximately 3,650 feet of residential streets in the Diffley Commons neighborhoods, in central Eagan, as part of Contract 16- 02. ➢ The Final Assessment Roll was presented to the City Council on October 4, 2016, with a public hearing scheduled for November 1, 2016, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 25.3% less than — the estimate contained in the feasibility report presented at the public hearing held on February 2, 2016. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 24 to address all property owners' questions or concerns and provide any additional information of interest. Of the 396 residential properties being assessed, no one attended the meeting. Attachments (2) PHC-1 Final Assessment Report & Roll PHC-2 Map FINAL ASSESSMENT REPORT PROJECT PUBLIC HEARING DATES Number: 1200 Assessment: November 1, 2016 Name: Diffley Commons Project Approval: February 2, 2016 Final Feasibility Rate Report Units STREET Surf./Signs Townhome Res $ 153.20 $ 205.00 TH Unit Contract Number of Interest Number Parcels Terms Rate Amount Variance Assessed Actual to FIR City Variance Financed Actual to FIR 16-02 396 5 yrs 3.5% $ 60,667.20 $ (20,532.80) $ 126,134.41 $ 41,254.41 $ 81,200.00 FR -25.3% $ 84,880.00 FR 48.6% Eap To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 25, 2016 Subject: Final Assessment Roll, Project 1200 Diffley Commons At the public hearing on Feb 02, 2016, the City Council ordered Project 1200. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Diffley Commons project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 16-02. The following information was used in the preparation of the assessment roll for Project 1200. Pb.-JECT COST The total construction cost for this project is $1.46,648.84. This Includes $145,193,07 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,455.77. Other costs €ncluding engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $40,152.77 were incurred, resulting in a total improvement and project cost of $186,801.61. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS bituminous Mill & Overlay - Diffley Commons 95,254,88 Concrete curb & gutter repairs 47,638.96 Utility Improvements 3,755.00 146,648.84 ASSESSMENTS Trunk Assessments COST REPORT 26,080.99 121,335.87 81,180.00 13,043.65 60,682.61 73,100.00 1,028.13 4,783.13 11,800.00 40,152.77 186,801.61 166,080.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Townhome) Improvements: amity's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Diffley Commons costs are assessable for Low Density Residential (Townhome) properties. The improvement and assessment rate for the Low Density Residential (Townhome) properties is computed as follows: % Low Density Residential (Townhome) = 7,300.0 F.F. / 7,300.0 F.F = 100.0% $121,335.87 (Bituminous Mill & Overlay- Diffley Commons Cost) x 100.0% x 50% =$60,667.20 $60,667.20 = $153.20 / Unit 396 Units ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBtLITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT Bituminous Mill & Overlay - Diffley Commons Concrete curb & gutter repairs Utility improvements CITY FUND RESPONSIBILITY 126,134.41 Major Street Fund: $121,351.28 Public Utilities: $4,783.13 Aaron Nelson, P.E. Reviewed Jvw- h Public Work epartment IV rZ i Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra ©'Leary, Accountant I COST REVENUE RESPONSIBILITY 121,335.87 60,667.20 60,668.67 60,682.61 60,682.61 4,783.13 4,783.13 186,801.61 60,667.20 126,134.41 Final Assessment Roil City Project #1200 Diffiey Commons Beaver Dam Rd. R-3 Residential P.I.N. Lot Equivalent Unit Assessment Total 4054 Beaver Dam Rd. 102045004001 1 $ 153.20 $ 153.20 4056 Beaver Dam Rd. 102045004002 1 $ 153.20 $ 153.20 4058 Beaver Dam Rd, 102045004003 1 $ 153.20 $ 153.20 4060 Beaver Dam Rd. 102045004004 1 $ 153.20 $ 153,20 4062 Beaver Dam Rd. 102045004045 1 $ 153,20 $ 153.20 4064 Beaver Dam Rd. 102045004046 1 $ 153.20 $ 153.20 4066 Beaver Dam Rd. 102045004047 1 $ 153.20 $ 153.20 4068 Seaver Dam Rd. 102045004048 1 $ 153.20 153.20 4070 Beaver Dam Rd. 102045004053 1 153.20 $ 153.20 4072 Beaver Dam Rd, 102045004054 1 $ 153.20 $ 153.20 4074 Beaver Dam Rd. 102045004055 1 $ 153.20 $ 153.20 4076 Beaver Dam Rd. 102045004056 1 $ 153.20 $ 153.20 4078 Beaver Dam Rd. 102045004067 1 $ 153.20 $ 153.20 4080 Beaver Dam Rd. 102045004068 1 $ 153.20 $ 153.20 4082 Beaver Dam Rd. 102045004069 1 $ 153.20 $ 153.20 4084 Beaver Dam Rd. 102045004070 1 $ 153.20 $ 153,20 4086 Beaver Dam Rd. 102045004071 1 $ 153.20 $ 153.20 4088 Beaver Dam Rd. 102045004072 1 $ 153.20 $ 153,20 4092 Beaver Dam Rd. 102045004141 1 $ 153.20 $ 153.20 4094 Beaver Dam Rd. 102045004142 i $ 153.20 $ 153,20 4096 Beaver Dam Rd. 102045004143 1 $ 153.20 $ 153.20 4098 Beaver Dam Rd. 102045004144 1 $ 153.20 $ 153.20 4100 Beaver Dam Rd. 102045004155 1 $ 153,20 $ 153.20 4102 Beaver Dam Rd. 102045004156 1 $ 153.20 $ 153.20 4104 Beaver Dam Rd. 102045004157 1 $ 153,20 $ 153.20 4106 Beaver Dam Rd. 102045004158 1 $ 153.20 $ 153.20 4108 Seaver Dam Rd. 102045004159 1 $ 153.20 $ 153.20 4110 Beaver Dam Rd. 102045004160 1 $ 153.20 $ 153.20 4112 Beaver Dam Rd. 102045004149 1 $ 153.20 $ 153.20 4114 Beaver Dam Rd. 102045004150 1 $ 153.20 $ 153.20 4116 Beaver Dam Rd. 102045004151 1 $ 153.20 $ 153.20 4118 Beaver Darn Rd. 102045004152 1 $ 153.20 $ 153.20 4120 Beaver Dam Rd. 102045004153 1 $ 153.20 $ 153.20 4122 Beaver Dam Rd. 102045004154 1 153.20 $ 153.20 4124 Beaver Dam Rd. 102045004165 1 $ 153.20 $ 153.20 4126 Beaver Dam Rd. 102045004166 1 $ 153.20 $ 153.20 4128 Beaver Dam Rd. 102045004167 1 $ 153.20 $ 153.20 4130 Beaver Dam Rd. 102045004168 1 $ 153.20 $ 153.20 4132 Beaver Dam Rd. 102D45004161 1 $ 153.20 $ 153.20 4134 Beaver Dam Rd. 102045004162 1 $ 153.20 $ 153.20 4136 Beaver Dam Rd. 102045004163 1 $ 153.20 $ 153.20 4138 Beaver Dam Rd. 102045004164 1 $ 153.20 $ 153.20 4142 Beaver Dam Rd. 102045104007 1 $ 153.20 $ 153.20 4144 Beaver Dam Rd. 102045104008 1 $ 153.20 $ 153.20 4146 Beaver Dam Rd. 102045104009 1 $ 153,20 $ 153.20 4148 Beaver Dam Rd. 102045104010 1 $ 153.20 $ 153.20 4150 Beaver Dam Rd. 102045104011 1 $ 153.20 $ 153,20 4152 Beaver Dam Rd. 102045104012 1 $ 153.20 $ 153.20 Subtotal: 48 $ 7,353.60 R-2 Residential P.M. Lot Equivalent Unit Assessment Total 4043 Beaver Dam Rd, 102045001390 1 $ 153.20 $ 153.20 4047 Beaver Dam Rd. 102045001400 1 $ 153.20 $ 153,20 4051 Beaver Dam Rd. 102045001380 1 $ 153.20 $ 153.20 4055 Beaver Dam Rd. 102045001370 1 $ 153.20 $ 153.20 4059 Beaver Dam Rd. 102045001350 1 $ 153.20 $ 153.20 4063 Beaver Dam Rd, 102045001360 1 $ 153.20 $ 153.20 4067 Beaver Dam Rd. 102045001340 1 $ 153,20 $ 1S3.20 4071 Beaver Dam Rd. 102045001390 1 $ 153.20 $ 153.20 4075 Beaver Dam Rd. 102045001310 1 $ 153.20 $ 153.20 4079 Beaver Dam Rd. 102045001320 1 $ 153.20 $ 153.20 4083 Beaver Dam Rd. 102045001300 1 $ 153.20 $ 153,20 4087 Beaver Dam Rd. 102045001290 1 $ 153.20 $ 153.20 4091 Beaver Dam Rd. 102045001270 1 $ 153.20 $ 153.20 4095 Beaver Dam Rd. 102045001280 1 153.20 $ 153.20 4099 Beaver Dam Rd. 102045001260 1 $ 153.201$ 153.20 4103 Beaver Dam Rd. 102045001250 1 $ 153.20 $ 153,20 4107 Beaver Dam Rd. 102045001230 1 153.20 $ 153.20 4111 Beaver Dam Rd. 102045001240 1 $ 153.20 $ 153.20 4115 Beaver Dam Rd. 102045001220 1 $ 153.20 $ 153.20 4119 Beaver Dam Rd. 102045001210 1 $ 153,20 3.20 $E153.20 4123 Beaver Dam Rd. 102045001190 1 $ 153.20 $3.20 4127 Beaver Dam Rd. 102045001200 1 $ 153.20 $4131 Beaver Dam Rd. 102045001180 1 $ 153.203.20 4135 Beaver Dam Rd. 102045001170 1 $ 153.20 $ 153.20 4139 Beaver Dam Rd. 102045001150 1 $ 153.20 $ 153.20 4143 Beaver Dam Rd. 102045001160 1 $ 153.20 $ 153.20 4147 Beaver Dam Rd, 102045001140 1 $ 153.20 $ 153.20 4151 Beaver Dam Rd. 102045001130 1 $ 153.20 $ 153.20 4155 Beaver Dam Rd. 102045001110 1 $ 153.20 $ 153,20 4159 Beaver Dam Rd. 102045001120 1 $ 153,20 $ 153.20 4163 Beaver Dam Rd. 102045001.100 1 $ 153.20 $ 153.20 4167 Beaver Dam Rd. 102045001090 1 $ 153,20 $ 153.20 4171 Beaver Dam Rd. 102045001070 1 $ 153.20 $ 153.20 4175 Beaver Dam Rd. 102045001080 1 $ 153.20 $ 153.20 4179 Beaver Dam Rd. 102045001060 1 $ 153.20 $ 153.20 4183 Beaver Dam Rd. 102045001050 1 $ 153.20 $ 153.20 4187 Beaver Dam Rd. 102045001030 1 $ 153.20 $ 153.20 4191 Beaver Dam Rd, 102045001040 1 $ 153.20 $ 153.20 4195 Beaver Dam Rd. 1.02045001020 1 $ 153.20 $ 153.20 4199 Beaver Dam Rd. 102045001010 1 1 $ 153.20 $ 153.20 Subtotal: 40 1 $ 61128.00 Sapphire Pt. R-3 Residential PJA Lot Equivalent Unit Assessment Total 1842 Sapphire Pt. 102045104141 1 $ 153.20 $ 153.20 1844 Sapphire Pt. 102045104142 1 153.20 $ 153.20 1846 Sapphire Pt. 102045104143 1 $ 153.20 $ 153.20 1848 Sapphire Pt, 102045104144 1 $ 153.20 $ 153.20 1850 Sapphire Pt. 102045104137 1 $ 153.20 $ 153.20 1852 Sapphire Pt. 102045104138 1 $ 153.20 $ 153.20 1854 Sapphire Pt. 102045104139 1 $ 153.20 $ 153.20 1856 Sapphire Pt. 102045104140 1 $ 153.20 $ 153.20 1858 Sapphire Pt. 102045104133 1 $ 153.20 $ 153.20 1860 Sapphire Pt. 102045104134 1 $ 153.20 $ 153.20 1862 Sapphire Pt. 102045104135 1 $ 153.201$ 153.20 1864 Sapphlre Pt. 102045104136 1 $ 153.20 1 $ 153.20 1866 Sapphire Pt. 102045104129 1 $ 153.20 $ 153.20 1868Sapphire Pt. 102045104130 1 $ 153,20 $ 153,20 1870 Sapphire Pt. 102045104131 1 $ 153.20 $ 153.20 1872 Sapphire Pt. 102045104132 1 $ 153,20 $ 153.20 1874 Sapphire Pt, 102045104122 1 $ 153.20 $ 153.20 1876 Sapphire Pt. 102045104121 1 $ 153.20 $ 153,20 1878 Sapphire Pt. 102045104120 1 $ 153.20 $ 153.20 1880Sapphire Pt. 102045104119 1 $ 153.20 $ 153.20 1882 Sapphire Pt. 102045104118 1 $ 153.20 $ 153,20 1884 Sapphire Pt. 102045104117 1 $ 153.20 $ 153.20 1886 sapphire Pt, 102045104128 1 $ 153.20 $ 153.20 1888 Sapphire Pt. 10204$104127 1 $ 153.20 $ 153.20 1890 Sapphire Pt. 102045104126 1 $ 153.20 $ 153.20 1892 Sapphire Pt. 102045104125 1 $ 153.20 $ 153.20 1894 Sapphire Pt. 102045104124 1 $ 153.20 $ 153,20 1895 Sapphire Pt. 102045201070 1 $ 153.20 $ 153.20 1896Sapphire Pt. 102045104123 1 $ 153,20 $ 153.20 1897 Sapphire Pt. 102045201080 1 $ 153.20 $ 153.20 1898 Sapphire Pt. 102045104112 1 $ 153,20 $ 153.20 1899 Sapphire Pt. 102045201090 1 $ 153.20 $ 153,20 1900 Sapphire Pt. 102045104111 1 $ 153.20 $ 153,20 1901 Sapphire Pt. 102045201100 1 $ 153.20 $ 153.20 1902 Sapphire Pt. 102045104110 1 $ 153.20 $ 153,20 1903 Sapphire Pt. 102045201110 1 $ 153.20 $ 153.20 1904 Sapphire Pt. 102045104109 1 $ 153.20 $ 153,20 1905 Sapphire Pt. 102045201120 1 $ 153.20 $ 153.20 1906 Sapphire Pt. 102045104116 1 $ 153.20 $ 153.20 1907 Sapphire Pt. 102045201130 1 $ 153.20 $ 153.20 1908 Sapphire Pt. 102045104115 1 $ 153,20 $ 153.20 1909 Sapphire Pt. 102045201140 1 $ 153.20 $ 153.20 1910 Sapphire Pt. 102045104114 1 $ 153.20 $ 153.20 1911 Sapphire Pt. 102045201150 1 $ 153.201$ 153,20 1912 Sapphire Pt. 102045104113 1 $ 153.20 $ 153,20 1913 Sapphire Pt. 102045201160 1 $ 153.20 $ 153.20 1914 Sapphire Pt. 102045104102 1 $ 153,20 $ 153.20 1915 Sapphire Pt. 102045201170 1 $ 153.20 $ 153.20 1916 Sapphire Pt. 102045104101 1 $ 153.2011 153.20 1917 Sapphire Pt, 102045201180 1 $ 153.20 $ 153.20 1918 Sapphire Pt. 102045104100 1 $ 153,20 $ 153.20 1920 Sapphire Pt. 102045104099 1 $ 153.20 $ 153.20 1922Sapphire Pt. 102045104098 1 $ 153.20 $ 153.20 1924 Sapphire Pt. 102045104097 1 $ 153.20 $ 153.20 1926 Sapphire Pt. 102045104108 1 $ 153.20 $ 153.20 1928 Sapphire Pt. 102045104107 1 $ 153.20 $ 153.20 1930 Sapphire Pt. 102045104106 1 153.20 $ 153.20 1932 Sapphire Pt, 102045104105 1 $ 153.20 $ 153.20 1934 Sapphire Pt. 102045104104 1 $ 153.20 $ 153,20 1936 Sapphire Pt. 102045104103 1 $ 153.20 $ 153.20 1938 Sapphire Pt. 102045104092 1 $ 153.20 $ 153,20 1940 Sapphire Pt, 102045104091 1 $ 153.20 $ 153,20 1942 Sapphire Pt, 102045104090 1 $ 153,20 $ 153.20 1944 Sapphire Pt. 102045104089 1 $ 153.20 $ 15120 Subtotal: 64 $ 9,804.80 Ruby Ct. 5 R-3 ResidentlaI P.I.N. 1 Lot Equivalent Unit Assessment Total 1952 Ruby Ct. S 102045104096 1 $ 153.20 153.20 1954 Ruby Ct.S 102045104095 1 $ 153.20 $ 153.20 1956 Ruby Ct.S 102045104094 1 $ 153.20 $ 153.20 1958 Ruby Ct. S 102045104093 1 153.20 153.20 $ 153.20 1960 Ruby Ct. S 102045103320 1 $ 153.20 $ 153.20 1962 Ruby Ct.5 102045103310 1 $ 153.20,$ 153.20 102045104078 Subtotal: 6 153.20 $ 153.20 $ 919.20 Ruby Ln. R-3 Residential P.I.N. Lot Equivalent Unit Assessment Total 4123 Ruby Ln. 102045104080 1 $ 153.20 $ 153.20 4125 Ruby Ln. 102045104079 1 $ 153.20 $ 153.20 4126 Ruby Ln, 102045103300 1 $ 153.20 $ 153.20 4127 Ruby Ln. 102045104078 1 $ 153.20 $ 153.20 1428 Ruby Ln. 102045103290 1 $ 153.20 $ 153.20 4129 Ruby Ln. 102045104077 1 $ 153.20 $ 153.20 4130 Ruby Ln. 102045103260 1 $ 153.20 $ 153.20 4131 Ruby Ln. 102045104086 1 $ 153.20 $ 153.20 4132 Ruby Ln. 102045103250 1 $ 153.201$ 153.20 4133 Ruby Ln. 102045104085 1 $ 153,201$ 153.20 4134 Ruby Ln. 102045103280 1 $ 153.20 $ 153.20 4135 Ruby Ln. 102045104076 1 $ 153.20 $ 153.20 4136 Ruby Ln, 102045103270 1 $ 153.20 153.20 4137 Ruby Ln. 102045104075 1 $ 153.20 $ 153.20 4138 Ruby Ln. 102045103240 1 $ 153.20 $ 153.20 4139 Ruby Ln. 102045104074 1 $ 153.20 $ 153.20 4140 Ruby Ln. 102045103230 1 $ 153.20 $ 253,70- 4141 Ruby Ln. 102045104073 1 $ 153.20 $ 153.20 4143 Ruby Ln. 102045104072 1 $ 153.20 $ 153.20 4145 Ruby Ln. 102045104071 1 $ 153.20 $ 153.20 4147 Ruby Ln. 102045104070 1 $ 153.20 $ 153.20 4149 Ruby Ln. 102045104069 1 $ 153.20 $ 153.20 4151 Ruby Ln. 102045104066 1 $ 153.20 $ 153.20 4153 Ruby Ln. 102045104065 1 $ 153.20 $ 153.20 4155 Ruky Ln. 102045104067 1 $ 153.20 $ 153.20 4157 Ruby Ln. 102045104068 1 $ 153.20 $ 153.20 Subtotal: 26 $ 3,983.20 Ruby Ct. N R-3 Residential P.I.N. Lot Equivalent Unit Assessment Total 1854 Ruby Q. N 102045103030 1 $ 153.20 $ 153.20 1856 Ruby Ct. N 102045103020 1 $ 153.20 $ 153.20 1857 Ruby Ct. N 102045103060 1 $ 153.20 $ 153.20 1858 Ruby Ct. N 102045103010 1 $ 153.20 $ 153.20 1859 Ruby Ct. N 102045103050 1 $ 153.20 $ 153.20 1860 Ruby Ct. N 102045103040 1 $ 153.20 $ 153.20 1861 Ruby Ct, N 102045103080 1 $ 153.20$ 153.20 1862 Ruby Ct. N 102045103140 1 $ 153.20 $ 153.20 1863 Ruby Ct. N 102045103070 1 $ 153.20 $ 153.20 1864 Ruby Ct. N 102045103130 1 $ 153,20 $ 153.20 1865 Ruby Ct. N 102045103100 1 $ 153.20 $ 153.20 1866 Ruby Ct. N 102045103160 1 $ 153.20 $ 153.20 1867 Ruby Ct. N 102045103090 1 $ 153.20 $ 153.20 1868 Ruby Ct. N 102045103150 1 $ 153.20 $ 153.20 1869 Ruby Ct. N 102045103120 1 $ 153.20 $ 153.20 1870 Ruby Ct.N 102045103180 1 $ 153.201$ 153.20 1871 Ruby Ct. N 102045103110 1 $ 153.201 $ 153.20 1872 Ru!?Y Ct, N 102045103170 1 $ 153.20 $ 153.20 1873 Ruby Ct. N 102045104057 1 $ 153.20 $ 153.20 1874 Ruby Ct. N 102045103200 1 $ 153.20 $ 153.20 1875 Ru!!y Ct, N 102045104058 1 $ 153.20 $ 153.20 1876 Ruby Ct. N 102045103190 1 $ 153.20 $ 153.20 1877 Ruby Ct. N 102045104059 1 $ 153,20 $ 153.20 1878 Ruby Ct. N 102045103220 1 $ 153.20 $ 153.20 1879 Ruby Ct. N 102045104060 1 $ 153.20 $ 153.20 1880 Ruby Ct. N 102045103210 1 $ 153,20 153.20 1881 Ruby Ct. N 102045104061 1 $ 153,20 $ 153.20 1883 Ruby Ct. N 102045104062 1 $ 153.20 $ 153.20 1885 Ruby Ct. N 102045104063 1 $ 153.20 $ 153.20 1887 Ruby Ct, N 102045104064 1 $ 153.20 $ 153.20 1889 Ruby Ct. N 102045104049 1 $ 153.20 $ 153.20 1891 Ruby Ct. N 102045104050 1 $ 153.20 $ 153.20 1893 Ruby Q. N 102045104051 1 $ 153.20 $ 153.20 1895 Ruby Ct, N 102045104052 1 $ 153.20 $ 153.20 1897 Ruby Ct. N 102045104053 1 $ 153.20 $ 153.20 1899 Ruby Ct. N 102045104054 1 $ 153.20 $ 153.20 1901 Ruby Ct. N 102045104055 1 $ 153.20 $ 153,20 1903 Ruby Ct. N 102045104056 1 $ 153,201$ 153.20 1905 Ruby Ct. N 102045104037 1 $ 153.20 $ 153.20 1907 Ruby Ct. N 102045104038 1 $ 153.20 $ 153.20 1909 Ruby Ct. N 102045104039 1 $ 153.20 $ 153.20 1911 Ruby Ct. N 102045104040 1 $ 153.20 $ 153.20 1913 Ruby Ct. N 102045104041 1 $ 153.20 $ 153.20 1915 Ruby Ct. N 102045104042 1 $ 153.201$ 15120 1917 Ruby Ct. N 102045104043 1 $ 153.20 $ 153,20 1919 Ruby Ct. N 102045104044 1 $ 153.20 $ 153.20 1921 Ruby Ct. N 102045104045 1 $ 153.20 $ 153.20 1923 Ruby Ct. N 102045104046 1 $ 153.20 $ 153.20 1925 Ruby Ct. N 102045104047 1 $ 153.20 $ 153.20 1927 Ruby Ct. N 102045104048 1 $ 153.201 $ 153.20 1929 Ruby Ct. N 102045104013 1 $ 153,20 $ 153.20 1931 Ruby Ct. N 102045104014 1 $ 153.20 $ 153.20 1933 Ruby Ct, N 102045104015 1 $ 153.20 $ 153.20 1935 Ruby Ct. N 102045104016 1 $ 153.20 $ 153,20 1937 Ruby Ct. N 102045104017 1 $ 153.20 $ 153.20 1939 Ruby Ct. N 102045104018 1 $ 153.20 $ 153.20 1941 Ruby Ct. N 102045104019 1 $ 153.20 $ 153.20 1943 Ruby Ct. N 102045104020 1 $ 153.20 $ 153.20 1945 Ruby Ct. N 102045104021 1 $ 153.20 $ 153.20 1947 Ruby Ct, N 102045104022 1 $ 153.20 $ 153.20 1949 Ruby Ct. N 102045104023 1 $ 153.201$ 153.20 1951 Ruby Ct. N 102045104024 1 153.20 $ 153.20 1953 Ruby Ct. N 102045104025 1 $ 153.20 $ 153.20 1955 Ruby Ct. N 102045104026 1 $ 153.20 $ 153.20 1957 Ruby Ct. N 102045104027 1 $ 153.20 $ 153.20 1959 Ruby Ct. N 102045104028 1 $ 153.20 $ 153.20 1961 Ruby Ct. N 102045104029 1 $ 153,20 $ 153.20 1963 Ruby Ct. N 102045104030 1 $ 153.20 $ 153,20 1964 Ruby Ct. N 102045104084 1 $ 153,20 $ 153.20 1965 Ruby Ct. N 102045104031 1 $ 153.20 $ 153.20 1966 Ruby Ct. N 102045104083 1 $ 153.20 $ 153.20 1967 Ruby Ct. N 102045104032 1 $ 153.20 $ 153.20 1968 Ruby Ct. N 102045104082 1 $ 153.20 $ 153.20 1969 Ruby Q. N 102045104033 1 $ 153,20 153.20 1970 Ruby Ct. N 102045104081 1 $ 153.20 $ 153.20 1971 Ruby Ct, N 102045104034 1 $ 153.20 $ 153.20 1973 Ruby Ct. N 102045104035 1 $ 153.20 153.20 1975 Ruby Ct. N 102045104036 1 $ 153.20 $ 153.20 1977 Ruby Ct. N 102045104006 1 $ 153.20 $ 153,20 1979 Ruby Ct. N 102045104005 1 $ 153,20 $ 153.20 1980 Ruby Ct. N 102045104087 1 $ 153.20 $ 153.20 1981 Ruby Ct. N 102045104004 1 $ 153.20 $ 15120 1982 Ruby Ct. N. 102045104088 1 $ 153,20 $ 153.20 1983 Ruby Ct. N 102045104003 1 $ 153.20 $ 153.20 1985 Ruby Ct. N 102045104002 1 $ 153.20 $ 153,20 1987 Ruby Ct. N 102045104001 1 $ 153.20 $ 153.20 $ 153.20 Subtotal: 86 102045004118 1 $ 13175.20 Durham Ct. R-3 Residential P.I.N. Lot Equivalent Unit Assessment Total 4064 Durham Ct. 102045004097 1 $ 153.20 $ 153.20 4066 Durham Ct. 102045004098 1 $ 153.20 153.20 4068 Durham Ct, 102045004099 1 $ 153.20 $ 153.20 4070 Durham Ct. 102045004100 1 $ 153.20 $ 153.20 4072 Durham Ct. 102045004113 1 $ 153.20 $ 153.20 4074 Durham Ct. 102045004114 1 $ 153.20 $ 153.20 4076 Durham Ct, 102045004115 1 $ 153.20 $ 153.20 4078 Durham Ct. 102045004116 1 $ 153.20 $ 153.20 4080 Durham Ct. 102045004117 1 $ 153.20 $ 153.20 4082 Durham Ct. 102045004118 1 $ 153.20 $ 153.20 4084 Durham Ct. 102045004105 1 $ 153.20 $ 159.20 4086 Durham Ct. 102045004106 1 $ 153.20 $ 153.20 4088 Durham Ct. 102045004107 1 $ 153.20 $ 153.20 4089 Durham Ct. 102045004104 1 $ 153.20 $ 153.20 4090 Durham Ct. 102045004108 1 $ 153.20 $ 153.20 4091 Durham Ct. 102045004103 1 $ 153.20 $ 153.20 4092 Durham Ct. 102045004109 1 $ 153.20 $ 153.20 4093 Durham Ct. 102045004102 1 $ 153.20 $ 153.20 4094 Durham Ct. 102045004110 1 $ 153.20 153.20 4095 Durham Ct, 102045004101 1 $ 153.20 $ 153.20 4096 Durham Ct. 102045004111 1 $ 153.20 $ 153.20 4097 Durham Ct. 102045004092 1 $ 153.20 $ 153.20 4098 Durham Ct. 102045004112 1 $ 153.20 $ 153.20 4099 Durham Ct, 102045004091 1 $ 153.20 $ 153.20 4100 Durham Ct. 102045004119 1 $ 153.20 $ 153.20 4101 Durham Ct. 102045004090 1 $ 153.201$ 153.20 4102 Durham Ct, 102045004120 1 $ 153.20 $ 153.20 4103 Durham Ct. 102045004089 1 $ 153.20 153.20 4104 Durham Ct. 102045004121 1 $ 153.20 $ 153.20 4105 Durham Ct. 102045004096 1 $ 153.20 $ 153.20 4106 Durham Ct. 102045004122 1 $ 153.20 $ 153.20 4107 Durham Ct. 102045004095 1 $ 153.201 $ 153.20 4108 Durham Ct. 102045004123 1 $ 153.20 $ 153.20 4109 Durham Ct. 102045004094 1 $ 153.20 $ 153.20 4110 Durham Ct. 102045004124 1 $ 153.20 $ 153.20 4111 Durham Ct. 102045004093 1 $ 153.20 $ 153.20 4112 Durham Ct. 102045004125 1 $ 153.20 $ 153.20 4113 Durham Ct. 102045004084 1 $ 153.20 1 $ 153.20 4114 Durham Ct. 102045004126 1 $ 153.20 $ 153.20 4115 Durham Ct. 102045004083 1 $ 153.20 $ 153.20 4116 Durham Ct. 102045004127 1 153.20 $ 153.20 4117 Durham Ct. 102045004082 1 $ 153.20 $ 153.20 4118 Durham Ct. 102045004128 1 $ 153.20 $ 153.20 4119 Durham Ct. 102045004081 1 $ 153.20 $ 153.20 4120 Durham Ct, 102045004133 S $ 153.201$ 35320 4121 Durham Ct. 102045004088 1 $ 153.20 $ 153,20 4122 Durham Ct. 102045004134 1 $ 153.20 $ 153.20 4123 Durham Ct. 102045004087 1 $ 153.20 153.20 4124 Durham Ct. 102045004135 1 $ 153.20 $ 153.20 4125 Durham Ct. 102045004086 1 $ 153.20 $ 153.20 4126 Durham Ct. 102045004136 1 $ 153.20 $ 153.20 4127 Durham Ct. 102045004085 1 $ 153.20 $ 153,20 4128 Durham Ct. 102045004137 1 $ 153.20 $ 153.20 4129 Durham Ct. 102045004076 1 $ 153,20 $ 153.20 4130 Durham Ct. 102045004138 1 $ 153.20 $ 153.20 4131 Durham Ct. 102045004075 1 153.20 153.20 $ 153.20 4132 Durham Ct. 102045004139 1 $ 153,20 $ 153.20 4133 Durham Ct. 102045004074 1 $ 153.20 $ 153.20 4134 Durham Ct, 102045004140 1 $ 153.20 $ 153,20 4135 Durham Ct. 102045004073 1 $ 15120 $ 153.20 4136 Durham Ct. 102045004129 1 $ 153.20 $ 153.20 4137 Durham Ct, 102045004080 1 $ 153.20 $ 153.20 4138 Durham Ct. 102045004130 1 $ 153.20 $ 153.20 4139 Durham Q. 102045004079 1 $ 153.20 $ 153.20 4140 Durham Ct. 102045004131 1 $ 153.20 $ 153.20 4141 Durham Ct. 102045004078 1 $ 153.20 $ 153.20 4142 Durham Ct. 102045004132 1 $ 153.20 $ 153.20 4143 Durham Ct. 102045004077 1 $ 153.20 $ 153.20 4145 Durham Ct. 102045004066 1 $ 153.20 $ 153.20 4147 Durham Ct. 102045004065 1 $ 153.20 $ 153.20 4149 Durham Ct. 102045004064 1 $ 153.20 $ 153.20 4151 Durham Ct. 102045004063 1 153.20 $ 153.20 4153 Durham Ct. 102045004062 1 $ 253.20 153.20 4155 Durham Ct. 102045004061 1 $ 153.20 $ 153.20 4144 Durham Ct. 102045004145 1 $ 153.20 $ 153.20 4146 Durham Ct. 102045004146 1 $ 153.20 $ 153,20 4148 Durham Ct. 102045004147 1 $ 153.20 $ 153.20 4150 Durham Ct. 102045004148 1 $ 153.201$ 153.20 Subtotal; 78 1 1$ 11,949.60 Glenfield Ct. R•3 Residential P.I.M. Lot Equivalent tlnitfissessment Total 1910 Glenfield Ct. 102045004005 1 $ 153.20 $ 153.20 1912 Glenfield Ct. 102045004006 1 $ 153.20 $ 153.20 1914 Glenfield Ct. 102045004007 1 $ 153.20 $ 153.20 1916 Glenfield Ct. 102045004008 1 $ 153.20 $ 153.20 1918 Glenfield Ct. 102045004009 1 $ 153.20 $ 153.20 1920 Glenfield Ct. 102045004010 1 $ 153.20 $ 153.20 1922 Gienfleld Ct. 102045004011 1 $ 153.20 $ 153.20 1924 Glenfield Ct. 102D45004012 1 $ 153.20 $ 153.20 1926 Glenfield Ct. 102045004013 1 $ 153.20 $ 153.20 1928 Glenfield Ct. 102045004014 1 2 153.20 $ 153.2Q 1930 Glenfield Ct. 102045004015 1 $ 153.20 $ 153.20 1932 Glenfield Ct. 102045004016 1 $ 153.20 $ 153.20 1934 Glenfield Ct. 102045004021 1 $ 153.20 $ 153.20 1936 Glenfield Ct. 102045004022 1 $ 153.20 153.20 1938 Glenfield Ct, 102045004023 1 $ 153.20 $ 153.20 1940 Glenfield Ct, 102045004024 1 $ 153.20 $ 153.20 1942 Glenfield Ct. 102045004017 1 $ 153.20 153.20 1944 Glenfield Ct. 102045004018 1 $ 153.20 S 153.20 1946 Glenfield Ct. 102045004019 1 $ 153.201$ 153.20 1948 Glenfield Ct. 102045004020 1 $ 153.201$ 153.20 1950 Glenfield Ct. 102045004029 1 $ 1 153.201$ 153.20 1952 Glenfield Ct. 102045004030 1 $ 153.2019 153.20 1954 Glenfield Ct. 102045004031 1 $ 153.20 $ 153,20 1956 Glenfield Ct. 102045004032 1 $ 153.20 $ 153.20 1958 Glenfield Ct. 102045004025 1 $ 153.20 $ 153,20 1960 Glenfield Ct. 102045004026 1 $ 153.20 $ 153,20 1962 Glenfield Ct. 102045004027 1 $ 153.20 $ 153.20 1964 Glenfield Ct, 102045004028 1 153.20 $ 153.20 1966 Glenfield Ct. 102045004039 1 $ 153.20 $ 153.20 1968 Glenfield Ct. 102045004040 1 $ 153.20 $ 153.20 1970 Glenfield Ct, 102045004041 1 $ 153.20 $ 153.20 1972 Glenfield Q. 102045004042 1 $ 153.20 $ 153.20 1974 Glenfleld Ct. 102045004043 1 $ 153.20 $ 153.20 1976 Glenfield Ct. 102045004044 1 $ 153.20 $ 153.20 1978 Glenfield Ct. 102045004033 1 $ 153.20 $ 153.20 1980 Glenfleld Ct. 102045004034 1 $ 153.20 $ 153.20 1982 Glenfleld Ct. 102045004035 1 $ 153.20 $ 153.20 1984 Glenfield Ct. 102045004036 1 $ 153.20 $ 153.20 1986 Glenfield Ct. 102045004037 1 $ 153.20 $ 153.20 1988 Glenfield Ct, 102045004038 1 $ 153.20 $ 153,20 1990 Glenfield Ct. 102045004057 1 $ 153.20 $153.20 1992 Glenfield Ct, 102045004058 1 $ 153.20 $ 153.20 1994 Glenfield Ct. 102045004059 1 $ 153.20 $ 153.20 1996 Glenfield Ct. 102045004060 1 $ 153.20 $ 153.20 1998 Glenfield Ct. 102045004049 1 $ 153.20 $ 153.20 2000 Glenfield Ct. 102045004050 1 $ 153.20 $ 153.20 2002 Glenfield Ct. 102045004051 1 $ 153.20 $ 153.20 2004 Glenfield Ct. 102045004052 1 $ 153.20 $ 153.20 Subtotal: 48 $ 7,353.60 Total: 396 $ 60,667.20 Agenda Information Memo November 1, 2016 Eagan City Council Meeting 1711311raW AWIM 10 D. Project 1201, Kingswood Ponds Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1201 (Kingswood Ponds - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1201 provided for the resurfacing of approximately 2,400 feet of residential streets in the Kingswood Ponds neighborhood, in central Eagan, as part of Contract 16- 02. ➢ The Final Assessment Roll was presented to the City Council on October 4, 2016, with a public hearing scheduled for November 1, 2016, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 16.5% less than the estimate contained in the feasibility report presented at the public hearing held on February 2, 2016. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 24 to address all property owners' questions or concerns and provide any additional information of interest. Of the 48 residential properties being assessed, 1 resident attended the meeting. Attachments (3) PHD-1 Final Assessment Report & Roll PHD-2 Meeting Minutes with sign -in sheet PHD-3 Map FINAL ASSESSMENT REPORT STREET Surf./Suns - Low Deas Res STREET Surf./Signs - Public Facilities STREET Surf. Si ns - Commercial/industrial Contract Number of Number Parcels Terms 16-02 48 5/10 yrs E�. PUBLIC HEARING DATES Assessment: November 1, 2016 5 n x Project Approval: February 2, 2016 Final Feasibility Rate Report Units $ 783.96 $ 940.00 Lot Eq $ 10.94 $ 13.07 F.F. $ 14.58 $ 17.43 F.F. Interest Amount Rate Assessed 3.5% $ 40,079.74 $ 48,000.00 FR Variance City Variance Actual to FR Financed Actual to FR $ (7,920.26) $ 60,785,99 $ (13,214.01) -16.5% $ 74,000.00 FR -17.9% To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 25, 2016 Subject: Final Assessment Roll, Project 1201 Kingswood Ponds At the public hearing on Feb 02, 2016, the City Council ordered Project 1201. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Kingswood Ponds project, in accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The Improvements were completed under Contract 16-02. The following information was used in the preparation of the assessment roll for Project 1201. PROJECT COST The total construction cost for this project is $75,742.86. This includes $75,416.95 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $325.91. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $25,122.87 were incurred, resulting in a total improvement and project cost of $100,865.73. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Bituminous Mill & Overlay - Kingswood Ponds 59,707.11 19,804.03 79,511.14 95,000.00 Concrete curb & gutter repairs 16,035.75 5,318.84 21,354.59 26,300.00 Utility improvements - - - 700.00 75,742.86 25,122.87 100,865.73 122,000.00 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) Improvements: r.ity's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Kingswood Ponds costs are assessable for Low Density Residential (Single Family) properties. The streets in this neighborhood receive a prorated early deterioration credit because some of them did not meet their full 20 year life expectancy. Therefore, only 96.5% of the costs for this project are assessable. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: % Low Density Residential (Single Family) = 4,945.0 F.F. / 5,260.0 F.F = 94.0% $79,511.14 (Bituminous Mill & Overlay - Kingswood Ponds Cost) x 94.0% x 50% x 96.5% = $36,062.16 $36,062.16 = $783.96/ Unit 46 Units Public Facility Lots Improvements: The City's Assessment Policy states that 75% of the Bituminous Mill & Overlay - Kingswood Ponds costs are assessable for Public Facility Lots properties. The streets in this neighborhood receive a prorated early deterioration credit because some of them did not meet their full 20 year life expectancy. Therefore, only 96.5% of the costs for this project are assessable. The improvement and assessment rate for the Public Facility Lots properties is computed as follows: % Public Facility Lots = 158.0 F.F. / 5,260.0 F.F = 3.0% $" 511.24 (Bituminous Mill &Overlay - Kingswood Ponds Cost) x 3.0%x 75%x 96.5% _ $1,728.52 $1,728.52 = $10.94/ Front Foot 158 Front Feet Commercial/Industrial Lots Improvements: The City's Assessment Policy states that 100% of the Bituminous Mill & Overlay - Kingswood Ponds costs are assessable for Commercial/industrial Lots properties. The streets in this neighborhood receive a prorated early deterioration credit because some of them did not meet their full 20 year life expectancy. Therefore, only 96.5% of the costs for this project are assessable. The improvement and assessment rate for the Commerclal/Industrial Lots properties is computed as follows: %Commercial/industrial Lots = 157.0 F.F. / 5,260.0 F.F = 3.00% $79,511.14 (Bituminous Mill & Overlay - Kingswood Ponds Cost) x 3.00% x 96.5% _ $2,289.06 $2,289.06 = $14.58 /Front Foot 157 Front Feet ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties, and 10 years for non-residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST Bituminous Mill & overlay - Kingswood Ponds Concrete curb & gutter repairs Utility improvements CITY FUND RESPONSIBILITY 60,785.99 Major Street Fund: $60,785.99 Public Utilities: A Ju1:L-- Aaron Nelson, P.E. Reviewed Y A . Public Works p partment Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I 79,511.14 21,354.59 REVENUE RESPONSIBILITY 40,079,74 39,431.40 21,354.59 100,865.73 40,079.74 60,785.99 Finance De r ent Date Final Assessment Roll City Project #1201 Kingswood Ponds Kingswood Ponds Road West Pond Road R-1 Residential P.I.N. R-1 Residential P.I,N. Lot Equivalent Unit Assessment Lot Equivalent Total 1404 KINGSWOOD PONDS RD 104205002010 1 $ 783.96 $ 783.96 1408 KINGSWOOD PONDS RD 104205002020 1 $ 783.96 $ 783.96 1410 KINGSWOOD PONDS RD 104205002030 1 $ 783.96 $ 783.96 1411 KINGSWOOD PONDS RD 104205001010 1 $ 783.96 $ 783.96 1415 KINGSWOOD PONDS RD 104205001020 1 $ 783.96 $ 783.96 1418 KINGSWOOD PONDS RD 104205002070 1 $ 783.96 $ 783.96 1419 KINGSWOOD PONDS RD 104205001030 1 $ 783.96 $ 783.96 1420 KINGSWOOD PONDS RD 1.04205002080 1 $ 783.96 $ 783.96 1423 KINGSWOOD PONDS RD 104205001040 1 $ 783.96 $ 783.96 1424 KINGSWOOD PONDS RD 104205002090 1 $ 783.96 $ 783.96 1427 KINGSWOOD PONDS RD 104205001050 1 $ 783.96 $ 783.96 1428 KINGSWOOD PONDS RD 106747001020 1 $ 783.96 $ 783.96 1431 KINGSWOOD PONDS RD 104205001060 1 $ 783.96 $ 783.96 1432 KINGSWOOD PONDS RD 106747001010 1 $ 783.96 $ 783.96 1435 KINGSWOOD PONDS RD 104205001070 1 $ 783.96 $ 783.96 1436 KINGSWOOD PONDS RD 104205002120 1 $ 783.96 $ 783.96 1439 KINGSWOOD PONDS RD 104205001080 1 $ 783.96 $ 783.96 1440 KINGSWOOD PONDS RD 104205002130 1 $ 783.96 $ 783.96 1444 KINGSWOOD PONDS RD 104205002140 1 $ 783.96 $ 783.96 1448 KINGSWOOD PONDS RD 104205102010 1 $ 783.96 $ 783.96 1452 KINGSWOOD PONDS RD 104205102020 1 $ 783.96 $ 783.96 1456 K(NGSWOOD PONDS RD 104205102030 1 $ 783.96 $ 783.96 1459 KINGSWOOD PONDS RD 104205103100 1 $ 783.96 $ 783.96 1460 KINGSWOOD PONDS RD 104205102040 1 $ 783.96 $ 783.96 1463 KINGSWOOD PONDS RD 104205103090 1 $ 783.96 $ 783.96 1464 KINGSWOOD PONDS RD 104205102050 1 $ 783.96 $ 783.96 1467 KINGSWOOD PONDS RD 104205103080 1 $ 783.96 $ 783.96 1468 KINGSWOOD PONDS RD 104205102060 1 $ 783.96 $ 783.96 601472 KINGSWOOD PONDS RD 104205102070 1 $ 783.96 $ 783.96 Subtotal 29 $ 22,734.84 East Pond Road West Pond Road R-1 Residential P.I.N. R-1 Residential Unit Assessment P.I.N. Lot Equivalent Unit Assessment Total 1475 WEST POND RD 104205102130 1 $ 783.96 $ 783.96 1476 WEST POND RD 104205102080 1 $ 783.96 $ 783.96 1479 WEST POND RD 104205102120 1 $ 783.96 $ 783.96 1480 WEST POND RD 104205102090 1 $ 783.96 $ 783.96 1484 WEST POND RD 104205102100 1 $ 783.96 $ 783.96 1483 WEST POND RD_ 104205102110 Subtotal 1 6 $ 783,96 $ 783.96 $ 4,703.76 East Pond Road R-1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1412 EAST POND ROAD 104205002040 1 $ 783.96 $ 783.96 1414 FAST POND ROAD 104205002050 1 $ 783.96 $ 783.96 1416 EAST POND ROAD 1 104205002060 1 $ 783.96 $ 783.96 Subtotal 3 $ 2,351.88 Pilot Knob Road Public Facilities P.I.N. Front Foot Unit Assessment Total 3830 PILOT KNOB RD {Old Town Hall} 100210001020 158 $ 10.94 $ 1,728.52 Subtotal 15S $ 1,728.52 Total R-1 lots 46 lots $ 36,062.16 Public Facilities 1 parcel $ 1,728.52 Commerclal/ Industrb 1 parcel $ 2,289.06 $ 40,079.74 Kingswood Ponds Overlook R-1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1454 KINGSWOOD POND OVERLOOK 104205103110 1 $ 783.96 $ 783.96 1457 KINGSWOOD POND OVERLOOK 104205103040 1 $ 783,96 $ 783.96 1458 KINGSWOOD POND OVERLOOK 104205103050 1 $ 783.96 $ 783.96 1459 KINGSWOOD POND OVERLOOK 104205103030 1 $ 783.96 $ 783.96 1462 KINGSWOOD POND OVERLOOK 104205103060 1 $ 783.96 $ 783.96 1463 KINGSWOOD POND OVERLOOK 104205103020 1 $ 783.96 $ 783.96 1466 KINGSWOOD POND OVERLOOK 104205103070 1 $ 783.96 $ 783.96 1A67 KING5WOOO POND OVERLOOK 104205103010 1 $ 783.96 $ 783.96 Subtotal 8 1 $ 6,27$.68 Pilot Knob Road Public Facilities P.I.N. Front Foot Unit Assessment Total 3830 PILOT KNOB RD {Old Town Hall} 100210001020 158 $ 10.94 $ 1,728.52 Subtotal 15S $ 1,728.52 Total R-1 lots 46 lots $ 36,062.16 Public Facilities 1 parcel $ 1,728.52 Commerclal/ Industrb 1 parcel $ 2,289.06 $ 40,079.74 Kingswood Ponds Neighborhood Street Revitalization City Project No. 1201 Informational Meeting — 5:30 P.M. Monday, Oct. 24, 2016 Conference Rooms 1A&B Attendance Aaron Nelson, Assistant City Engineer, 1 resident representing 1 single family home was in attendance (see attached sign -in sheet). The resident lives on a private street. Presentation of Project Details Nelson welcomed the resident and had an informal discussion about the project and assessments. The discussion was primarily about concerns with residents living on a private street, being responsible to maintain their own street, and still being assessed for the public street improvements. Questions/ Comments 1. Why are homes on private streets being assessed for the public streets? They are also responsible for the maintenance of their own streets. The city should take over all maintenance responsibilities of the private streets. Eagan has very definitive standards that every development must meet. Some of the requirements include the construction of all public streets to City standards (28'-32' wide with curb & gutter), they are located within dedicated public rights-of-way (50'-60' wide), and cul-de-sacs must be installed on dead-end streets to provide adequate and safe access and allow large City equipment to perform routine maintenance (i.e. snow & ice control, sweeping, patching, etc.). When the Kingswood Pond subdivision was developed in 1997, the owner/developer wanted to maximize the development potential of this heavily wooded and tough topography property. In order to maximize development, not all of the city standards (street width, right-of-way and/or cul-de-sac requirements) could be met. However, in that time period, the city did provide options that allowed the installation of private streets and/or shared driveways at the developer's discretion. These private streets & driveways do not have the same width requirements (can be down to 20' wide) and no public right-of- way dedication or cul-de-sac requirements. With no public right-of-way, the building setback distance from the back of curbing is substantially reduced from 43' to 20'. In these situations, the City required the developer to create and record a cross easement to all property owners who shared the private street/drive with the obligation for future operational and structural maintenance being the responsibility of those property owners. If private streets with lesser standards were not allowed in this development, many of the current houses/lots in the neighborhood would not have been feasible. The tradeoff is those property owners are responsible for the ownership and maintenance of their private streets. Agreements with the impacted properties were written at time of development. Every property in the neighborhood is proposed to be assessed the same amount, regardless of which street they live on, because everyone must drive on Kingswood Ponds Road to get to and from their homes. Assessing in this manner is how the city ensures everyone helps pay for the maintenance of the vast network of public streets throughout the city. The meeting adjourned at 5:55 p.m. T'City of I v. NAME Ll cl, 2. 3. 4. 6. 7.. 6. A. 10. 11, Kingswood • 1 City Project 1201 Neighborhood Assessment Meeting •1 - - "•oa CONTACT INFO November 1, 2016 Re: Project No 1201, Kingswood Ponds Street Improvements To Eagan City Clerk: Please accept this correspondence as a written objection to the above reference assessment. It is our belief that our property did not appreciate to the value of the assessment for the improvement of the adjoining street. Ve ry truly yours, C Da id a d Gina' olfe 1466 Kingswood Ponds Overlook Eagan, MN 55122 10-42051-03-070 Agenda Information Memo November 1, 2016 Eagan City Council Meeting PUBLIC HEARING E. Project 1191, Eagandale Corporate Center Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1191 (Eagandale Corporate Center - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1191 provided for the resurfacing of approximately 4,950 feet of commercial/industrial streets in the Eagandale Corporate Center industrial area, in northeast Eagan, as part of Contract 16-01. ➢ The Final Assessment Roll was presented to the City Council on October 4, 2016, with a public hearing scheduled for November 1, 2016, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 27% less than the estimate contained in the feasibility report presented at the public hearing held on January 5, 2016. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 24 to address all property owners' questions or concerns and provide any additional information of interest. Of the 12 commercial/industrial properties being assessed, one person representing one property attended the meeting. Attachments (3) PHE-1 Final Assessment Report & Roll PHE-2 Meeting Minutes with sign -in sheet PHE-3 Map Number: Name: FINAL ASSESSMENT REPORT PROJECT 1191 Eagandale Corporate Center STREET Surf.LS!gns - Direct Access Driveway - Cl PUBLIC HEARING DATE Assessment, November 1, 2016 Project Approval: January 5, 2016 Final Feasibility Rate Report Units $ 2,038.66 $ 2,740.00 F.F. 73,90 $ 120.00 F.F. Contract Number of Interest Amount Number Parcels Terms Rate Assessed 16-01 12 10 yrs 3.5% $ 242,670.06 $ 332,400.00 FR Variance city Variance Actual to FIR Financed Actual to FR $ (89,729.94) $ 94,294.53 $ 2,994.53 -27.0% $ 91,300.00 FR 3.3% `� ..City of aiai 111E To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 25, 2016 Subject: Final Assessment Roll, Project 1191 Eagandaie Corporate Center At the public hearing on Jan 05, 2016, the City Council ordered Project 1191. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Eagandale Corporate Center project. In accordance with the City Special Assessment Policy and the feasibility report, it was _-proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 16-01. The following information was used in the preparation of the assessment roll for Project 1191. Ph,rjECT COST The total construction cost for this project is $279,108.25. This includes $278,612.69 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $495.56. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $57,856.34 were incurred, resulting in a total improvement and project cost of $336,964.59. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Bituminous Mill & Overlay - Eagandale Corporate Center 182,641.36 Concrete Entrance Reparis 18,362.60 Concrete curb & gutter repairs 67,904.29 37,859.72 220,501.08 296,400.00 3,806.38 22,168.98 35,900.00 14,075.88 81,980.17 76,700.00 Utility improvements 10,200.00 2,114.36 12,314.36 14,700.00 279,108.25 57,856.34 336,964.59 423,700.00 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Commercial/Industrial Lots Improvements: The City's Assessment Policy states that 100% of the Bituminous Mill & Overlay - Eagandale Corporate Center costs are assessable for Commercial/Industrial Lots properties. The improvement and assessment rate for the Commercial/Industrial Lots properties is computed as follows: %Commercial/industrial Lots = 9,900 F.F. / 9,900 F.F. = 100% $220,501.08 (Bituminous Mill & Overlay - Eagandale Corporate Center Cost) x 100.0% =$220,501.08 $220,501.08 x 100% (C/I frontage) x 100% (assessment rate) _ $2,038.66 / net acre 108.16 net acres Commercial/industrial Lots - Concrete Entrance Apron Replacement Improvements: The City's Assessment Policy states that 100% of the Concrete Entrance Reparis costs are assessable for Commercial/Industrial Lots - Concrete Entrance Apron Replacement properties. The improvement and assessment rate for the - Commercial/industrial Lots - Concrete Entrance Apron Replacement properties is computed as follows: % Commercial/Industrial Lots - Concrete Entrance Apron Replacement = 75 S.Y. / 75 S.Y. =100% $22,168.98 (Concrete Entrance Reparis Cost) x 100.00% = $22,168.98 $22,168.98 = $73.90 / S.Y. 300 S.Y. The average cost for driveway entrance repairs is $73.90 / S.Y., however, each property is assessed the actual amount it cost to repair their driveway. ASSESSMENT TERMS: The assessments are proposed for a term of 10 years for non-residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) Bituminous Mill & Overlay - Eagandale Corporate Center Commercial/industrial Lots - Concrete Entrance Api Concrete curb & gutter repairs Utility improvements IMPROVEMENT COST ASSESSMENT CITY REVENUE RESPONSIBILITY 220,501.08 220,501.08 22,168.98 22,168.98 81,980.17 - 81,980.17 12,314.36 12,314.36 336,964.59 242,670.06 94,294.53 CITY FUND RESPONSIBILITY 94,294.53 Major Street Fund: $81,980.17 Public utilities: $12,314.36 Aaron Nelson, P.E. Reviewed 0�_V4_ Public Works 1./partment t 411, r to - — Date Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant i Finance �rtment �n fo�fl ll Date L pm0p ei N ur O N vl/ UR vi Ln N 1 00 A C w O N h 1 8 rn m H o i otl H m rn 6, OWO N CYhS r, N v N i9 V7. ljl� 12 V1. 1A VA SA N N rNmA A0 Tm C C 61 w 01 !Q 16 yyp, N 5tR �C l�Cfp y� W f� r Q� MM IC �m/07 I tti +g NI - r R n �v „ ,c s`�'� a " E � aA v► +A to rA IA UY 'tA w 2 sS N N m v��t s ry ry '(on W 000 pp 00 e.}} N] pp1I tV W Q C 961.1 aO-( C N oo OD OM N a? 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Monday, Oct. 24, 2016 Conference Rooms 1A&B Attendance Aaron Nelson, Assistant City Engineer, 1 representative of 1 business - Skyline Displays (see attached sign -in sheet). Presentation of Project Details Nelson welcomed the business representative and had a short discussion about how assessments are calculated, and what project costs are assessable, and how assessments can be paid. Specific questions asked are shown below. Questions/ Comments 1. What project costs are assessable? The City finances 100% of the concrete curb and gutter, restoration, and utility improvements. Any concrete entrance repairs, and all work between the curbs (essentially the pavement costs) are assessed 100% to the property owner. For the entire project, 72% of the costs are being assessed. 2. How are assessments calculated? The assessable costs are distributed to all the properties in the area that are adjacent to the streets being improved. Assessments are distributed using an "area" basis. The total assessment is divided by the total number of acres, and the resulting rate is $2,038.66/acre. Skyline Display's parcel is 39.33 acres, but credit is given for ponding easements, so its assessable acreage is 27.12 acres. An independent appraiser verified the proposed assessment does not exceed the amount of benefit being received. 3. Discover Road is adjacent to the southern property line and is proposed to be overlayed in 2017. Will Skyline Displays be assessed for those improvements as well? Following City policy, any commercial properties that abut a road being improved will be assessed for a portion of those improvements. Skyline Displays is adjacent to Discovery Road, and has a driveway access onto it, and will be included in the assessable area for those improvements. Staff will likely have an appraiser review the benefit amount similar to what was done in 2016. 4. How can assessments be paid? The assessment hearing is scheduled for Nov. 1. After the hearing, there is a 30 day window where assessments can be paid interest free. After 30 days, interest (3.5% annually) will be charged and any unpaid assessment will be certified to Dakota County and will be paid with property taxes for a 10 year term. The meeting adjourned at 3:50 p.m. - * City of Eap NAME 1. s'/ / rA�l) e d n�r�? 11. Eagandale Corporate Center City Project 1191 Assessment Meeting Monday, Oct. 24, 2010, 3:30-4:30 p.m. Conference Froom 1AB CONTACT INFO Im i5i� r (,�4A '2M t •:.' � ms`s .. �f I .. ..—..,— j Sul 10 f hil T' - w � 1 ili•lie i }, iLa�;�} IT file Rk Co 4d9 i 00 CO I 77�- LO LID LO r r. ILO -: f / y y Z.3'"' £ . �/q i� /��� ` .�{• of GAV, � �+ e+ .«a �{. it .y� ;: { L �- yrs � ��- - '"-� > �+i? '• V k�. '�^+—'�'• �-+'M M�'� 1r.`-_� `T'RII9ti �I+ 7rt� i _ .. T ^e�:i( �1.�_�s i� r�Y. ?r}. a. � ..G, .RaS'. :' r.. Agenda Information Memo November 1, 2016, Eagan City Council Meeting Is]IOX-1111f0I_*11� A. Address Rezoning, Preliminary Subdivision (Tipperary) and Variance – Pulte Homes (new information appears in bold) Action To Be Considered: Make a finding that the proposal qualifies as an exception to the five acre minimum. The finding should recognize that the Planned Development is in the public interest, and that one or both of the conditions set forth in the ordinance exists. OR Reconsider the Council's October 18, 2016 action. OR Direct staff to initiate a City Code Amendment to amend or remove the five -acre minimum contiguous site area standard from the Planned Development zoning ordinance. To approve (or direct preparation of Findings of Fact for Denial) a Rezoning from PD, Planned Development, and R-1, Single-family Residential, to R -1S, Residential Single-family Small Lot district, upon approximately 3.8 acres for property at 3790 and 3800 Dodd Road, located south of Wescott Road and east of Dodd Road. To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Subdivision consisting of 11 lots upon approximately 3.8 acres for property at 3790 and 3800 Dodd Road, located south of Wescott Road and east of Dodd Road. To approve (or direct preparation of Findings of Fact for Denial) a Variance to the maximum cul-de-sac length of 500 feet for two cul-de-sacs of 745' and 620' for property at 3790 and 3800 Dodd Road, located south of Wescott Road and east of Dodd Road. ➢ Required Vote For Approval: Majority of Councilmembers present Facts: ➢ This request was before the City Council on October 18, 2016, and was continued at the applicant's request. ➢ Pulte is proposing a Rezoning and Preliminary Subdivision for development of single- family homes. The Preliminary Subdivision proposes to create 11 single-family lots in Eagan consistent with the proposed R -1S zoning. ➢ A Variance is requested for two cul-de-sacs exceeding 500' length, for 745' and 620'. ➢ Access to the site is proposed via a new public street from Dodd Road. ➢ Pulte is simultaneously pursuing development approvals from Inver Grove Heights for the easterly portion of the site. ➢ A Joint Powers Agreement between the two cities governs the provision of utilities and services for the property. ➢ As proposed, the lots comply with R -1S standards and the development is consistent with the Low Density residential land use designation. ➢ The Advisory Planning Commission held a public hearing on the proposal at their September 27, 2016, meeting, and did recommend approval. Issues: ➢ At the meeting on October 18, 2016, the City Council gave direction to the applicant that Planned Development zoning was preferred to the requested R -IS. ➢ Chapter 11, Sec. 11.60, Subd. 18, B., 3 of the City Code states that the minimum total area required for a planned development shall be five acres of contiguous land. ➢ The proposed plat and rezoning affect 3.8 acres, less than the 5 acres City Code requires. ➢ The City Council is asked to address the direction provided to the applicant at the October 18, 2016 meeting. 60 -Day Agency Action Deadline: Waived Attachments: (7) OBA-1 Location Map OBA-2 Draft October 18, 2016 City Council Meeting Minutes OBA-310-27-16 City Attorney memo OBA-4 September 27, 2016, APC Meeting Minutes OBA-5 Planning Report OBA-6 Report Exhibits OBA-7 Public Correspondence 0 gad. (01 C 0 > V- 00 9 0 =,q (n 9 0 r- D—C-4 CD E 06 M IL od ca 000 CLO p co.r_ r- q V) 0 � N E m 4 cj Z Z A (D w 4) m (L (.) N LL C) Flcl� I 0 a 0 . 16 m 0 62 Y m ZIP w IL 0- w a. G C limp N LL C) Flcl� I 0 City Council Meeting Minutes October 18, 2016 4 page NEW BUSINESS Rezoning, Preliminary Subdivision and Variance — Pulte Homes City Administrator Osberg introduced the item noting the Council is being asked to consider a rezoning from Planned Development, and R-1, Single-family Residential, to R -1S, Residential Single-family Small Lot district on approximately 3.8 acres, and a Preliminary Subdivision consisting of 11 lots, and a variance to the maximum cul-de-sac length of 500 feet for two cul-de-sacs of 745' and 620' for property at 3790 and 3800 Dodd Road. City Planner Ridley gave a staff report and provided a site map. Paul Heuer, Pulte Homes, introduced himself and gave an overview of the proposal. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the rezoning, preliminary subdivision and variance. Councilmember Bakken and - Fields stated they were in favor of the proposed development design but were concerned with the development being zoned R -1S noting they would rather see it zoned Planned Development. Bakken and Tilley also noted some concerns with having a single development in two municipalities. After further discussion about the purpose of the R -1S Zoning District and potential precedent, members Bakken and Fields stated their preference for Planned Development zoning. Mayor Maguire asked the applicant how he would like to proceed. Mr. Heuer stated they would not like to see a denial, and if indeed they would not get the three votes necessary for approval, they would request the item be tabled. Members Bakken, Fields and Tilley all stated their support for Planned Development zoning and a preference to table the item indefinitely to allow the developer time to modify the request from R -IS zone to a Planned Development. Additionally, it was requested that the City Administrator inquire with Inver Grove Heights about their interest in Eagan annexing the portion of the neighborhood that is located in Inver Grove Heights. It was noted that annexation would only be considered if Inver Grove Heights was open to doing so. Councilmember Bakken moved, Councilmember Fields seconded a motion to table the item indefinitely at the request of the applicant. Aye: 5 Nay: 0 Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development, And Preliminary Subdivision — United Properties Development, LLC City Administrator Osberg introduced the item noting the Council is being asked to consider approval of a comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Special Area/Major Office to Special Area/Mixed Use, a Rezoning from Agricultural to Planned Development, a Preliminary Planned Development to establish a mixed use development with Dougherty MolendaW Solfest, Hills i Bauer To: Dave Osberg, City Administrator From: Mike Dougherty, City Attorney Date: October 27, 2016 Re: Tipperary — Pulte Homes 14985 Glazier Avenue Suite 525 Apple Valley, MN 55124 (952) 432-3136 Phone (952)432-3780 Fax www.dmshb.com It is my understanding that at the last City Council meeting, the Council continued Pulte Homes' request for rezoning to R- IS small lot single family. As part of its action, the Council expressed to Pulte a desire for a Planned Development zoning for the Tipperary subdivision. - - - Following the Council meeting, the staff became aware that the City's Planned Development zoning district requires a five -acre minimum unless an applicant can show that particular conditions exist as set forth in the ordinance (see attached portion of Sec. 11.60, Subd. 18 13(3) of the City Code). Since the applicant did not seek out a planned development, the factors required to meet the exception to the five acres minimum were not presented nor addressed. In confirmation of our discussions, it is our opinion that the Council should readdress its discussion with respect to Pulte pursuing a Planned Development zoning designation. The options available to the Council are listed below and are not ranked in any order of importance or preference. 1. The Council may express its support for a finding that the land constituting the Tipperary subdivision qualifies as an exception to the five acre minimum. The finding should recognize that a planned development is in the public interest, and that one or both of the conditions set forth in the ordinance exists. 2. The Council may move to reconsider its action to continue Pulte's request for rezoning. A reconsideration motion made and approved would put the rezoning request back before the Council as if no prior action had been taken. The Council may then approve, deny, or take any other requisite action it chooses in relation to Pulte's request for rezoning. 3. The Council could, upon motion duly made and approved, direct the City staff to amend Section 11.60, Subd. 18 13(3) to remove or otherwise reduce the five acre minimum lot requirement. As an example, a reduction of the minimum lot requirement from five acres to three acres would allow the Pulte property to meet the conditions of the ordinance. If you have any questions, please give me a call. Otherwise, I will be available at the next Council meeting to address any questions from the members of the Council. W1 Sec, 11.60, -Use districts and overlays. I Code of Ordinances I Eagan, MN I Municode Library 3, Minimum area for planned development, The minimum total area required for a planned development shall be five acres of contiguous land, Tracts of less than five acres may qualify only if the applicant can show that the minimum lot area requirement should be waived because a planned development is in the public interest and that one or both of the following conditions exist: a. Unusual physical features of the property Itself or of the surrounding neighborhood are such that development under the standard zoning would not be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community. b. The property is adjacent to or across the street from property that has been developed under the provisions of this section and will contribute to the amenities of the neighborhood. Advisory Planning Commission September 27, 2016 Page 2 of 26 IV. PUBLIC HEARING New Business A. Tipperary Applicant Name: Paul Heuer, Pulte Homes Location: 3800 & 3790 Dodd Road Application: Rezoning A Rezoning of PD, Planned Development and R-1, Residential Single Family to R-1 S, Small Lot Single Family, upon approximately 3 acres. File Number: 24-RZ-07-08-16 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 7 acres to create 11 lots in Eagan and 10 lots in Inver Grove Heights. File Number: 24 -PS -04-08-16 Application: Variance A Variance to the length of the Cul-de-sac. File Number: 24 -VA -10-08-16 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 15, 2016. Member Dierkes inquired when the R-1 S zoning district was created. City Planner Ridley responded more than 10 years ago. Paul Heuer, Pulte Homes, introduced himself and gave an overview of the proposal. Member Dierkes asked why the applicant is requesting to rezone the property from R-1 to R-1 S. Mr. Heuer responded that due to more stringnet performance standards such as for water quality and stormwater management, land development costs have increased in recent years. The trend is to go to smaller lots, and Pulte finds that buyers would rather have smaller yards than smaller homes. Member Piper inquired about the environmental concerns on the property and asked the applicant to confirm that remediation.had been completed, and a Response Action Plan was prepared that has been approved by the MN Pollution Control Agency. Mr. Heuer responded that is correct. Also, he stated before pursuing the site, Pulet hired an environmental consultant whose research found that any contamination on the property had been properly addressed. Chair Filipi opened the public hearing. Advisory Planning Commission September 27, 2016 Page 3 of 26 Don Mele, 501 Tyne Lane, spoke and expressed health concerns related to dust during construction, the possibility of finding more battery casings on the property and how the existing residential neighbors to the south may be affected by development of the property. He stated the neighborhood is full of children and also pets, and he is concerned about their future health. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Woebke asked for clarification of lot dimensions, and stated he would have preferred a Planned Development approach to lock in the lot configuration, and that once rezoned to R-1 S, that zoning is in place and the development design could change. Member Dierkes said he did not know what the intent was when the R-1 S zoning was created, and he suspected it was to get tighter development on less land. Member Vanderpoel responded the R-1 S was created because the City Council thought it was a good idea to allow it, and now that it exists, we can expect more proposals utilizing that zoning. She opined that smaller lots allow for development of housing that is more affordable, which is lacking in Eagan. Member Piper stated that the proposal to R-1 S zoning is consistent with the Low Density Comprehensive Guide Plan, and there is no basis to deny the rezoning. He then inquired about drainage and soil erosion impacts to existing neighbors. Assistant City Engineer Aaron Nelson responded that the majority of the property drains to the north and there is a berm that separates the development site from the neighborhood to the south. Member Sagstetter asked about dust and urged the applicant to consider additional testing or monitoring during construction. City Attorney Bauer indicated that the MPCA and the Response Action Plan prescribe what measures the developer must take, or procedures to be followed, in development of the property. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Rezoning from PD, Planned Development, and R-1, Single-family Residential, to R-1 S, Residential Single-family Small Lot district, upon approximately 3.8 acres for property at 3790 and 3800 Dodd Road, located south of Wescott Road and east of Dodd Road. All voted in favor. Motion carried 7-0. Member Piper moved, Member Heckman seconded a motion to recommend approval of a Preliminary Subdivision consisting of 11 lots upon approximately 3.8 acres for property at 3790 and 3800 Dodd Road, located south of Wescott Road and east of Dodd Road, subject to the following conditions: 1. The applicant shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: Al, B1, B2, B3, B4, C1, C2, C3, C4, D1, E1, F1, G1, H1 and L1. 2. The property shall be platted. Advisory Planning Commission September 27, 2016 Page 4 of 26 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 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. 4. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new impervious surface area. 5. The applicant shall provide a minimum 15 -foot wide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. 6. During infiltration system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 - inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over- excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practice. 7. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration/bioretention basins. 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. 8. Hydrant spacing and locations shall be provided in accordance with City Fire Department and Public Works standards. 9. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development should include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final Subdivision. Advisory Planning Commission September 27, 2016 Page 5 of 26 10. The applicant shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 11. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 12. The development shall be subject to park and trail dedications as recommended by the Advisory Parks Commission. All voted in favor. Motion carried 7-0. Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Variance to the maximum cul-de-sac length of 500 feet to 745 feet and 620 feet for property at 3790 and 3800 Dodd Road, located south of Wescott Road and east of Dodd Road. If approved, the following condition shall 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. All voted in favor. Motion carried, 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: Septeinber 15, 2016 (revised Sept. 28, 2016) APPLICANT: Pulte Homes CASE: 24-RZ-07-08-16; 24 -PS -04-08-16 & 24 -VA -10-08-16 HEARING DATE: September 27, 2016 PROPERTY OWNER: Starfire Property, LLC APPLICATION DATE: August 31, 2016 and Wescott Property, LLC REQUEST: Rezoning; Preliminary Subdivision; Variance LOCATION: 3790 & 3800 Dodd Road PREPARED BY: Pam Dudziak COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development and R-1 Residential Single SUMMARY OF REQUEST Pulte Homes is proposing a Rezoning from PD, Planned Development, and R-1, Single-family Residential, to R-1 S, Residential Single-family Small Lot district, upon approximately 3.8 acres located south of Wescott Road and east of Dodd Road. The development site includes approximately 3.4 acres in Inver Grove Heights, and Pulte is proposing a Preliminary Subdivision consisting of a total of 21 single-family lots, 11 of them in Eagan. The proposal includes a Variance to exceed the maximum cul-de-sac length of 500'. Pulte is simultaneously pursuing development approvals from Inver Grove Heights for the easterly portion of the site. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. Plamiing Report — Tipperary September 27, 2016 Page 2 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Plamling Conunission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage - -- - and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. Plamiing Report — Tipperary September 27, 2016 Paae 3 K. That the subdivision is in compliance with those standards set forth in the city's water quality and wetland management plan which is properly approved and filed in the office of the city clerk and in effect as of the date the subdivision application was received by the city, hereinafter referred to as the "water quality management plan." Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this chapter by reference and incorporated herein as frilly as if set forth herein at length. It shall be the responsibility of the city clerk to maintain the water quality management plan and make the same available to the public. L. That the subdivision is in compliance with the city's storm water management regulations pursuant to the federal Clean Water Act as set forth elsewhere in this Code. M. That the subdivision is in compliance with the city's wetland protection and management regulations as set forth elsewhere in this Code. Variance: City Code Chapter t3, Section 13.40, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary. circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. Planning Report — Tipperary September 27, 2016 Paee 4 BACKGROUND/HISTORY The site is currently vacant and unplatted. In 2002, the property was zoned to R-1, Single-family as part of a city-wide map update following from the update of the Comprehensive Guide Plan in 2001. Prior to that, the property had been zoned I-1, Limited Industrial. At that time, the Inver Grove Heights portion of the site was occupied by an industrial use, and a single-family home was present on the north end of the Eagan portion of the property. In 2003, the City approved a development application for the property which consisted of single- family lots on the Eagan portion of the site, and twin homes on the Inver Grove Heights portion. The development did not move forward, after it was found that battery casings were buried on the site. According to the applicant's narrative, "battery casings were remediated from the properties in 2006, culminating in a Voluntary Response Action Plan that was approved by the Minnesota Pollution Control Agency." A supplemental memo provided by the applicant with more information relative to the environmental review of the property is attached to this report. - In 1997, the Cities of Eagan and Inver Grove Heights entered into a Joint Powers Agreement which provides for cooperation between the two cities to provide utilities and services to properties along the shared border. EXISTING CONDITIONS The site is open and contains little significant vegetation. The development site is bordered by Wescott Road to the north, Dodd Road to the west, railroad and Hwy. 149 to the east, and single- family homes to the south. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin2 Use Zoning Land Use Designation North Office/manufacturing (Thomson Reuters) PD, Planned Development MO, Major Office East (IGH) Railroad; Hwy. 149 Industrial, residential proposed (IGH) Industrial; residential proposed (IGH) South Single-family R-1, Residential Single LD, Low Density West I Single-family R-1, Residential Single LD, Low Density Platming Report — Tipperary September 27, 2016 Page 5 EVALUATION OF REQUEST Proposal — The Preliminary Subdivision proposes to create a total of 21 small single-family lots consistent with the R-1 S zoning 11 of the lots are in Eagan, 10 in Inver Grove Heights. Compatibility with Surrounding Area — The proposed single-family use appears to be compatible with the surrounding area, which is developed with single family residential uses to the south and west. To the north is Wescott Road and the Thomson Reuters corporate complex. To the east on the Inver Grove Heights side of the site is a railroad and Hwy. 149. Airport Noise Considerations — This site is located outside of the Airport Noise Policy Zones. Lots — All of the proposed lots within Eagan meet the dimensional standards of the R-1 S zoning district. The municipal boundary coincides with the individual lot boundaries. R-1 S lot standards are minimum 65' width and 8,000 s.f. area., and a 25% maximum building coverage to lot area ratio applies. All lots within Eagan also provide the minimum 50' of frontage on a public street. --- Within Eagan; proposed Lot 18 is the smallest at 8,002 s.£, and Lot 21 is the largest at 17,446 s.f. Of all 21 lots total, 4 lots are smaller than 9,000 s.f. and 9 lots are larger than 12,000 s.f. Setbacks.— The Site Plan shows conceptual building pads consistent with R-1 S setbacks. Minimum required setbacks in R-1 S are as follows: Front Yard = 30' Side Yard = 6' (dwelling); 5' (garage or accessory building) Rear Yard = 15' Topography/Grading — The site is currently undeveloped land and generally open. The site has been previously graded and has several trees along the southern property line, and scattered trees in the northern portion of the site. The topography generally slopes to the northwest with elevations ranging from approximately 894 to 880. The preliminary grading plan is acceptable, with modification. Nearly the entire site would be graded to prepare the site for development. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. All personnel responsible for the construction and management of erosion/sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or Planning Report — Tipperary September 27, 2016 Page 6 approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. The applicant should provide a minimum of 15 -foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge to all storinwater facilities' inlets/outlets. The unobstructed equipment access path should be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the pond and infiltration basin. Storm Drainage — The preliminary storm drainage plan is acceptable, with modification. Storm water runoff from the development, including the portion located in Inver Grove Heights, will drain via an on-site storm sewer system to two constructed infiltration basins located at the north and northwestern corners of the property. The overflow from the basins will connect to City Pond GP -4, located at the southwest corner of TH 149 and Wescott Rd. The infiltration basins will need to meet all requirements set forth in the Stormwater Management/ Water Quality portion of this report. Drainage from Inver Grove Heights drainage, and maintenance of the infiltration basins, will be addressed through the Joint Powers Agreement between the two cities. - Wetlands — Because there are no wetlands on site, City Code -§I 1.67, wetland protection and management regulations, does not apply. Stormwater Management/Water Quality — The applicant proposes to add new and fully - reconstructed impervious surfaces totaling approximately 2.48 acres, with an additional 3.465 acres of disturbed/graded soils (to be revegetated), on the 5.945 acre site (not including ROW dedication area). The applicant should comply with the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control. To meet the 1.1" Volume Control requirement for this development proposal, 9,889 cubic feet of retention will need to be provided (with an acceptable Soil Management Strategy) or 23,738 cubic feet of retention will need to be provided if no Soil Management Strategy is proposed for the site. The applicant proposes to meet City water quality/stornlwater requirements through the on-site construction of two infiltration basins (with a total retention volume of 25,960 cubic feet), three pre-treatment structures (4' depth sumps with skimmer hoods), and rate control outlets to maintain predevelopment peals runoff rates. No Soil Management Strategy is proposed, so all 3.465 acres of proposed disturbed soils to be revegetated will also be considered impervious surface for Volume Control requirements/infiltration basin sizing. Approximately 90% of the proposed development's drainage will contribute to the City of Eagan's public storm sewer system (and 95% of the site's proposed impervious surface area). This proposed development is within the Bur Oaks Pond watershed. The stormwater management system of this proposed development would ultimately become publicly managed. Eagan Water Resources has reviewed the applicant's plans, stormwater design summary and modeling provided for stormwater management and finds the proposed plans to meet City Code Plamiing Report — Tipperary September 27, 2016 Paae 7 §4.34 Post -Construction Stormwater Management Requirements are acceptable with conditions to ensure infiltration basin protections during construction, unobstructed basin maintenance access, infiltration performance and retention volume capacity verification. Recommended conditions: The applicant shall provide a minimum of 15 -foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street - edge to all stormwater facilities' inlets/outlets. The unobstructed equipment access path should be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the pond and infiltration basin. Verify that Landscape Plan does not conflict with this requirement. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new impervious surface area. • During infiltration system area over-excavation/sub-soil work, the applicant should ensure that a Certified Soil Scientist will be present to verify and document that practice area sub- soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but - - less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant should immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Documentation should be provided to the City within 48 -hours after infiltration testing. The applicant should provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practice. • Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant should provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, etc.) conform to design and/or construction plans, as approved by.the City. As -built volumes (for retention) should be provided for the infiltration/bioretention basins. The applicant should submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification should be provided by a Professional Engineer licensed in the State of Minnesota. Sanitary Sewer/Water Main - The preliminary utility plan is acceptable. Trunk water main and lateral sanitary sewer of sufficient size and capacity is available along the west and south sides of the site for connection and extension with development of the property. A public water main "loop" will be constructed with the proposed development to provide redundancy in the system and reduce the likelihood of shutting down the entire development when maintenance or repairs are being performed. Sanitary sewer Districts N, as designated in the City's Comprehensive Sanitary Sewer Plan, serves the entire site. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Eagan's Planning Report — Tipperary September 27, 2016 Page 8 water main and sanitary sewer will serve the entire development, including the portion located in Inver Grove Heights. Maintenance and of the infrastructure will be addressed through the Joint Powers Agreement between the two cities. Telecommunications — In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever possible. The applicant should submit a proposal/infrastructure plan to be approved by staff to provide teleconmlunications fiber to the premises (FTTP) The applicant should provide such a plan for review and approval by City staff. This development should include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final Subdivision. Streets/Access/Pedestrian Circulation — Public street access is proposed via Dodd Road. The street serving the development is proposed to be a 745 foot long east -west cul-de-sac, and a 202 foot long north -south cul-de-sac straddling the Eagan and Inver Grove Heights border. Maintenance of the streets would be addressed through a Joint Powers Agreement between Eagan and Inver Grove Heights. -- Pedestrian access would be accommodated with theexistingbituminous trail along Dodd Road, and a new bituminous trail that would be constructed in the southern boulevard of Wescott Road between Dodd Road and TH 149. This trail would cross an oil pipeline, railroad tracks, and enter into Mn/DOT right-of-way, so the applicant would be responsible to obtain all relevant permits. Variance — The applicant is requesting a Variance to exceed the 500' maximum cul-de-sac length. The proposed development has two cul-de-sacs, one extends eastward to the extent of the development site within the Inver Grove Heights, and the other extends to the north within the development site. The proposed cul-de-sac lengths are 680' and 570. 745' and 620' respectively. The Subdivision Ordinance states the City Council may grant Variances from the strict application of the provisions of the applicable Code provisions and impose conditions and safeguards in the variances so granted where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of such Code provisions. The applicant's narrative describes the constraints unique to this site which make strict compliance difficult. The property to the south is fully developed with single-family homes, and access restrictions on the east and north sides of the property due to the railroad, State Hwy. 149, and proximity to the Wescott Road/Hwy. 149 intersection contribute to the inability to create a through street or second access to the development. Therefore, the site has only one street access from Dodd Road. While Variances to the Subdivision design requirements are not frequently requested, the City Council has approved similar requests in the past. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public and the applicant has requested the minimum variance to alleviate the practical difficulty. Planning Report — Tipperary September 27, 2016 Paee 9 Easements/ Permits/ Right -of -Way — The right-of-way needs along Dodd Road and Wescott Road is 100 feet. Currently there are areas where there is more right-of-way than necessary, and other areas where there is not enough. The applicant has submitted a petition to vacate the excess right-of-way and proposes to dedicated right-of-way as needed to accommodate the ultimate needs. The applicant also proposes to dedicate standard drainage an utility easements as required with Standard Condition of Plat approval No.'s B1 and B4, including over both proposed infiltration basins. The applicant will also be responsible to acquire all outside agency permits and approvals for work within the oil pipeline easement, Mn/DOT right-of-way, and crossing railroad tracks, as required by Standard Condition of Approval No. E1. Financial Obli ag tion — At this time, there are no pending assessments on the parcels included with this development. Based upon a study by City staff of the financial obligations collected in the past and proposed -- - use for the property, the following estimated charges will be collected at time of final plat or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or platting. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right -of --way required with the plat: Improvement Use Rate Quantity Amount Water Main - Trunk R-1 - Prev. Pd. - Sanitary Sewer - Trunk R-1 $1,495.80/ lot 5 lots (1 lot prev. pd) $7,479.00 Storm Sewer - Trunk R-1 - Prev. Pd. - Total $555 $7,479.00 Landscaping — The Zoning ordinance does not require a Landscape Plan for single-family development. The applicant has submitted a landscape plan which shows evergreen trees along the Dodd Road side of the property, and one shade tree in the front of each lot. The Landscape Plan shows a solid row of evergreen trees along the east edge of the development site which is adjacent to the railroad and Hwy. 149 in the Inver Grove Heights portion of the site. Tree Preservation — This development's tree preservation will be considered on a single-phase, multiple -lot, residential type of application. Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is set at 40.0%. A tree inventory has been submitted with this application and then field verified by city staff. The tree inventory indicates that there are thirty-one (3 1) significant trees currently existing on Plamiing Report — Tipperary September 27, 2016 Paize 10 site. According to the plan submitted, significant tree impacts will result in the removal of twelve (12) significant trees (38.7% of the total). Because the proposed removal of significant trees is less than allowable, there is no required tree mitigation with this development. Parks and Recreation — This development will be subject to cask park and trail dedications at the time of final plat at the rates then in effect. The 2016 fees are $3,475 per unit for parks and $250 per unit for trails. The Joint Powers Agreement between the cities of Eagan and Inver Grove Heights provides for payment of park and trail dedications fees to the City of Eagan for the units in Inver Grove Heights, as well as the units in Eagan. The developer is requesting credit for the proposed extension of a trail along the south side of Wescott Road from Dodd Road to Hwy. '149 with this development. There is an existing trail along the south side of Wescott Road west of Dodd Road, and extension of this trail eastward to Hwy. 149 is considered to have a public benefit. At the time of final subdivision, the construction value of this trail will be credited against the amount of cash dedication otherwise due. SUMMARY/CONCLUSION Pulte Homes is requesting approval of a Rezoning from PD, Planned Development, and R-1, Single-family Residential, to R-1 S, Residential Single-family Small Lot district, upon approximately 3.8 acres located south of Wescott Road and east of Dodd Road. The development site includes approximately 3.4 acres in Inver Grove Heights, and Pulte is proposing a Preliminary Subdivision consisting of a total of 21 single-family lots, 11 of them in Eagan. The proposal includes a Variance to exceed the maximum cul-de-sac length of 500'. As proposed, the lots comply with R- IS standards and the development is consistent with the Low Density residential land use designation. Access to the site is proposed via a new public street from Dodd Road. A Joint Powers Agreement between the two cities governs the provision of utilities and services for the property. Pulte is simultaneously pursuing development approvals from Inver Grove Heights for the easterly portion of the site. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from PD, Planned Development, and R-1, Single-family Residential, to R -IS, Residential Single-family Small Lot district, upon approximately 3.8 acres for property at 3790 and 3800 Dodd Road, located south of Wescott Road and east of Dodd Road. To recommend approval of a Preliminary Subdivision consisting of 11 lots upon approximately 3.8 acres for property at 3790 and 3800 Dodd Road, located south of Wescott Road and east of Dodd Road. Planning Report — Tipperary September 27, 2016 Page 11 If approved, the following conditions shall apply. 1. The applicant shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: Al, B1, B2, B3, B4, C1, C2, C3, C4, Dl, E1, Fl, G1, H1 and L1 2. The property shall be platted. 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 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. 4. This development shall meet the City's Post Construction Stormwater Management ---- - - - Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new impervious surface area. 5. The applicant shall provide a minimum 15 -foot wide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storin water facilities. Verify that Landscape Plan does not conflict with this requirement. 6. During infiltration system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practice. 7. Before the city returns any Stonmwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management P1amling Report — Tipperary September 27, 2016 Paize 12 facilities (sumps, infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration/bioretention basins. The applicant shall submit to the City Engineer certification that the stonnwater 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. 8. Hydrant spacing and locations shall be provided in accordance with City Fire Department and Public Works standards. 9. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development should include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final Subdivision. 10. The applicant shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at - --- - the perimeter of the Critical Root Zone, whichever is greater. 11. The applicant shall contact the City Forestiy Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. The proposal includes a Variance to the maximum cul-de-sac length of 500 feet to -560 745 feet and 60 620 feet for property at 3790 and 3800 Dodd Road, located south of Wescott Road and east of Dodd Road. If approved, the following condition shall apply: If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 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'�'• OLOwO J�Q O O�LLJ wg JQ— f / M� L -JLLI I J fa—j f QO�IQ- la—�w U(c)�I— zQ U7 (n�d'Z ZZI— / f � CL O C14 V) m f 'LO CL 0 / /+ f " i r f \ Z r fi m f „ f / r L r 4 + Ld + +l/ O I ' r / v I I I , , 00 , ysta.—.. — , "TIPPERARY" APPLICATIONS FOR: PRELIMINARY ,SUBDIVISION, REZONING, VARIANCE EAGAN, MINNESOTA August 31, 2016 • Pulte Homes of Minnesota ("Pulte") as applicant is pleased to be submitting this application for Planned Unit Development (PUD), preliminary subdivision and rezoning, Pulte's company vision is "Building Consumer Inspired Homes and Communities to Make Lives Better". We are one of the largest national homebuilders in the United States with corporate offices in Atlanta, Georgia. We currently operate under three distinct brands of homebuilding throughout the United States: Pulte Homes, Centex Homes, and Del Webb. Pulte's Minnesota Division has an office In Eden Prairie and will sell and construct approximately 400 homes in the Twin Cities market in 2016. Pulte will act as both developer of the property and builder of the homes within Tipperary. The primary contact for Pulte is: Paul Heuer, Director of Land Planning & Entitlement 7500 Office Ridge Circle, Suite 325 Eden Prairie, MN 55344 952-229-0722 ea€al.HpjLer(Pult ,' .cc The owner of the property is: Starfire,Property, LLC and Wescott Road, LLC Maier Kutoff 685 Yankee Doodle Road Eagan, MN 55121 i ption PID 10-01300-78-010 SECTION 13 TWN 27 RANGE 23 PT OF S 1/2 OF SE 1/4 S & E OF SAR #7 PID 10-02400-01-010 SECTION 24 TWN 27 RANGE 23 PT OF N 1/2 OF NE 1/4 BEG NE COR S 132 FT W PARR WITH N LINE 351.91 FT TO C/L CR #63 NE ON C/L 161.98 FT TO N LINE E ON N LINE 257.38 FT TO BEG PID 10-02400-02-012 SECTION 24 TWN 27 RANGE 23 PT OF NE 1/4 COM NE COR S ON E LINE 132 FT TO PT OF BEG CONT S 256.50 FT W PARR N LINE 515.13 FT TO CIL CR #63 NE ON C/L 303.11 FT E PARR N LINE _. 351.91 FT TO PT OF BEG - 1 id ., aqui, :a w.�: r: '€.: €..;''r <°.;"`' e.,' i f;i€ "-S . ornn ..'€;ids; ....€ve'115 _ PID 20-01800-57-010 SECTION 18 TWN 27 RANGE 22 SW 1/4 OF SW 114 S & W OF HGWY & SW 50 FT OF ADJ 200 FT RR RNV PID 20-01900-30-010 SECTION 19 TWN 27 RANGE 22 N 3 ACS W OF RR OF NW 114 OF NW 1/4 & SW 50 FT OF ADJ 200 FT RR RNV * Addresses of property: 3800 and 3790 Dodd Road, Eagan, MN 55123; 3790 Dodd Road, Inver Grove Heights, MN 55077 • 4.23 acres in Eagan and 3.41 acres in Inver Grove Heights 4 Existing zoning is R-1 Residential Single Family and PD Planned Development Proposed zoning is R-1 S 0 11 residential housing units in Eagan (21 total) • Gross density is 2.6 units/acre in Eagan 28 feet streets (face to face of curb) within 50 feet of right-of-way Single Famiiv Home/Lot Dimension Standards (minimums) Lot Width 65 feet Minimum area 8,000 square feet - Front yard setback 30 -feet Side yard setback to home 6 feet Side yard setback to garage 5 feet Rear yard setback 30 feet Use of this property is shaped and controlled by a number of constraints and attributes: 1. Constraints -- There are a number of constraints for this property: A functioning railroad to the east, an existing power line within the railroad right-of-way, TH 149 to the east, small and unusually shaped property, and limited access. 2. Attributes — The primary positive attribute of this property is that it is located within the highly acclaimed Rosemount -Apple Valley -Eagan School District. The above listed property characteristics are inherent to the property. Given these traits, we determined that the highest and best use for the property is value -oriented single family housing. Our vision is to create a small, stand-alone neighborhood with high quality and highly energy efficient homes within a very strong school district. We are confident that this will be a highly desirable neighborhood in the eyes of the home buying public and the City. M*7 W, IMM The Eagan properties included within this application are currently zoned R-1 Residential Single Family and PD Planned Development. Our application proposes to rezone the properties to R-1 S. Historical data obtained and reviewed in conjunction with the Phase I Environmental Site Assessment - - that we had completed indicates the following past uses of the entire Eagan/Inver-Grove Height property. 2 "1957 throucrh 1951 Several structures are visible on the north portion of the Site that appear to be farmstead buildings and the western Site building according to topographic maps is a school building. A road is visible along the northwest Site boundary and a linear feature consistent with the existing railroad tracks is visible along the northeast Site boundary. A road consistent with the alignment of Jefferson Trail is visible beyond the railroad tracks. Farmsteads and cultivated cropland are visible beyond. 1957 through 1970 A second residential farmstead is visible in the location in the former school on the northwest portion of the Site. No significant changes are visible in the surrounding area. 1979 The east half of the Site has been redeveloped with three commercial buildings. Outdoor storage is visible surrounding the buildings. A stormwater pond and grading activities are visible to the northwest of the Site. 1984 through 2003 The outdoor storage associated with the commercial buildings on the east half of the Site appears to have expanded onto the southwest portion of the Site. Commercial properties are located along Jefferson Trail and residential development is visible to the south and west of the Site. 2008 throucrh 2015 All of the buildings and structures previously visible on the Site appear to have been demolished or - removed from the Site. The Site appears to be vacant land. No significant changes are visible in the surrounding area." Additional records indicate that battery casings were remediated from the properties in 2006, culminating in a Voluntary Response Action Plan that was approved by the Minnesota Pollution Control Agency. • , M711-a6 � it Property to the north of the site consists of the Thomson Reuters (formerly West Publishing Company) office complex. Property to the east of the site consists of a combined 200 foot wide buffer of railroad right-of-way and State Highway 149 right-of-way. Beyond the State Highway lies various industrial properties. Properties to the south and west are single family residential homes. The proposed land use for Tipperary is single family residential homes, which is of equal or lower intensity use than all of the surrounding land uses. Therefore, impact on the surrounding properties is anticipated to be minimal and reasonable, particularly compared with past industrial uses on the property. Pulte Homes is known for the extraordinary steps that we take to ensure that we are designing and building homes that meet the needs and desires of home buyers. We continually reach out to the public and Pulte homeowners to get feedback to improve our home designs. It is what we call Life Testeft (t�;iivruite.corniwh « ulteliif testedi6ife�tested-hore�desi� ns.as�). We actually build prototypical rooms and homes in warehouses across the country and pay members of the public to walk through and provide written feedback on the homes. Through this intensive process, we have conceived of and incorporated many innovative features such as the Pulte Planning Center, the Everyday Entry, Super Laundry, Oversized Pantry, and the Owner's Retreat. This exhaustive process has played a major part in Pulte's success in Building Consumer Inspired Homes and Communities to Make Lives Better". We are excited to announce that we are introducing a new residential housing_product.to.ttie.TwIn_Cities._.,..- market which has recently completed our intensive 12 -step Consumer-Inspired,Life Tested® -process, -We.::__ 3 have just begun constructing these homes in our new Sanctuary Preserve community in Blaine (hft ff` 1v It .carr lcommunitiesf i li it i r7ctuar l�rescry l2t 526findexl a x .�C6F 0 ru E). Our Life Tested@ single family home product is designed to appeal to families. Each floor plan will have multiple optional elevations with distinct architectural styles. A wide range of siding colors and textures (shake, board and batten, etc.) will be available with premium designer colors In accents as well as options such as stone and brick. This collection of homes offers both two-story and main level living options, typically 3 to 4 bedrooms, bonus f flex rooms, an average of 2.5 bathrooms, optional sunrooms, and optional finished basements. Home sizes range from 1,869 square feet for the main level living pians to 2,372 to 2,858 square feet for the two-story plans (excluding basements). One of the plans includes a tandem third garage stall. Some lots will also accommodate an optional additional garage stall added to the side of the home. We anticipate base home prices to start from the mid-$300k's to mid-$400k's. The Comprehensive Plan. does not Identify this property as a desired location for a future park. Therefore, we will be paying park dedication fees to satisfy park requirements. Staff has indicated that they wish to see a trail extended along the south side of Wescott Road from Dodd Road to State Highway 14.9. Our plans show this trail. We anticipate receiving full credit for the construction cost of building this trail. As an infill development, public infrastructure is available at the perimeter of the property. We are not aware of any capacity issues related to infrastructure. Since the Fagan portion of the property has been guided as low density residential and the Inver Grove Heights portion of the property has been guided as light industrial, we estimate that the total impact on infrastructure capacity should be equal to or less than planned. Sanitary sewer is available east of Dodd Road, just south of Wescott Road. Water is available along Dodd Road and at the southeast corner of the Inver Grove Heights property. Existing storm sewer is located at the northeast and northwest corners of the property. Access to the property is available along Dodd Road. We have made every effort to meet the requirements of R-1 s zoning. However, this application includes a variance request for exceeding the City's maximum allowed length of cul-de-sac. Due to the unusual circumstances of having this development located in both the City of Eagan and the City of Inver Grove Heights, there is some ambiguity in terms of measuring the proposed cul-de-sac length. The maximum cul-de-sac length allowed by the City of Eagan is 500 feet. Our application includes the following cul-de-sac measurements: a 420 feet from Dodd Road to the eastern City boundary. Under this interpretation, the application meets City code. • 570 feet from Dodd Road to the center of the northern cul-de-sac, which is half within the City of Eagan and half within the City of Inver Grove Heights. P 680 feet from Dodd Road to the center of the eastern cul-de-sac, which is in the City of Inver Grove Heights. 4 Additional access points for this development are not practical. Access to State Highway 149 would not meet MnDOT's standard half mile spacing requirement and therefore would not be granted by the State. In addition, this access would require an additional railroad crossing. From a safety standpoint, minimizing railroad crossings is critical. Wescott Road is considered a "B Minor Arterial" road in the City's Comprehensive Pian, which provides the following guideline for spacing: "The City follows Dakota County guidelines for access to the minor arterial system. These guidelines generally call for one quarter mile spacing of all access points (cross streets and driveways). Eagan will work with Dakota County to minimize the number of driveways directly accessing minor arterials in the City."Adding an access on Wescott Road would not be in compliance with the City's Comprehensive Plan. Dodd Road is considered a "Minor Collector" in the City's Comprehensive plan. This is the lowest traveled street category shown in the "Proposed Functional Classification' Map. As a result, this is by far the most appropriate access point for this development and is the only access which would comply with the goals and guidelines outlined In the City's Comprehensive Plan. Therefore, we are faced with the dilemma of either not complying with the City's maximum length of cul- de-sac or not complying with Comprehensive Plan access goals and guidelines. Given that the access guidelines are a critical component in maintaining traffic flow and maximizing traffic safety for the region, the proposed access is the most logical, safe, and compliant of the available options for this particular property. Examplei r The following preliminary schedule for development is envisioned based on current information: September 6, 2096 City Council reviews right-of-way vacation and schedules public hearing September 19, 2016 Parks Commission September 27, 2016 Planning Commission public hearing October 18, 2016 City Council approves pre plat, rezoning, variance and holds ROW vacation public hearing February 2, 2016 City Council approves final plat Summer 2017 Grading Summer 2017 Utilities and streets Fall/Winter 2017/2018 Begin selling homes 2018/2019 Full development buildout Due to the small size of the development, construction will occur in one phase. This submittal includes, • This narrative with legal descriptions of existing properties • Preliminary subdivision and rezoning application • Petition to vacate excess right-of-way and associated agreement, letter, and graphics • Development Deposit Agreement • Waiver to 60 -day agency action deadline • Application fees totaling $4, 900 • Wetland delineation letter • Site survey, preliminary plat, preliminary grading/erosion control plans, preliminary utility plan, preliminary tree preservation plan, preliminary landscape plan September 15, 2016 City of Eagan Attn: Pam Dudziak 3830 Pilot Knob Road Eagan, MN 55122 RE: Tipperary residential development Dear Pam: We realize that cities typically stand aside on most environmental issues and defer to the MPCA and Dakota County. However, we wanted to pass along additional information related to the environmental concerns expressed by one resident who lives immediately south of the proposed Tipperary development. Here are some key facts that may be helpful. The resident that has expressed environmental concerns is Don Mele, 501 Tyne Lane, Eagan. Don attended the Inver Grove Heights planning commission meeting for the Comp Plan amendment on September 6, 2016 and he spoke at this public hearing about his environmental concerns. It is our understanding that Don has the following concerns: 1. He questions whether the property has been adequately remediated/cleaned up. 2. He wonders whether existing and construction dust may have high levels of lead and therefore be dangerous, After the Inver Grove Heights public hearing, we had a conversation with Don. We had wondered how he had reached conclusions that varied so far from the reports and materials that we had collected and.studied. We asked him what he had based his conclusions on. He responded that he had not read any of the environmental documents prepared for the site. We encouraged him to visit the MPCA and to read all of the reports and approvals. In answer to his first concern, Pulte Homes previously obtained and reviewed a 382 page "Voluntary Response Action Plan and Response Action Design" dated October 2006 and prepared by Landmark Environmental LLC. This document was approved by the MPGA. We would be happy to share this detailed and thorough report with you. The report outlined the environmental history of the property. Crushed battery casings had been spread over a portion of the property. Batteries contain lead, a hazardous substance. In 2007, the property owner completed remediation/cleanup of the property. We hired our own reputable environmental consultant (Braun Intertec) to review all past records and reports and to offer their opinion. Braun Intertec indicated that the remediation work and record keeping have been thorough. Their opinion gave us a level of comfort in putting this property under contract for purchase. It should be noted that the previous owner of this property had apparently 02016 Pulte Homes of N imesota LLC. All lights reserved. BL#13C627273 �� pushed contaminated materials onto Don's property, resulting in a separate, later remediation project involving Don's property. Due to this history, it is understandable that Don is wary. Don found a small chunk of battery casing (apparently on his property) which he brought to the Inver Grove Heights public hearing in an attempt to emphasize his concern that remediation of our property was inadequate. We have had detailed conversations with Braun Intertec about what steps we would need to take if we encountered contaminated material during construction activities. If we encounter a chunk of battery casing during construction, the contractor would be instructed to dispose of it. If, by chance, a lead plate or a pocket of contaminated debris was found, Braun Intertec would visit the site and provide direction on remediation and would properly record the steps taken. In answer to Don's second question, air testing was completed during actual remediation and handling of the contaminated materials on site. During this remediation work (August to November, 2007) testing of the air for lead occurred frequently on the southern border of the property. The remediation plan called for work to stop if lead levels were detected at a level of 0.20. All of the readings during remediation were between 0.00 and 0.02 Readings of lead. never exceeded 10% of the "stop work" threshold, even during handling of the contaminated material. With the contaminated material now removed from the property, there is no reason to believe that levels of lead in the air would approach even the low levels tested during the actual remediation activities. Based on the facts and information obtained and thoroughly reviewed, our firm is comfortable with the remediation steps taken to date on the property that we have under contract. All steps appear to have been completed thoroughly, recorded in detail, and met the requirements of the MPCA and Dakota County. As a publicly traded company, we carefully manage our risk and have thoughtfully performed our "due diligence" on this property. It is our sincere hope that you find this additional information to be helpful. Please feel free to contact me at 952-229-0722 or paul.heuera-pultegrouucom with any questions or concerns. Sincerely, Pulte Homes of Minnesota Paul Heuer Director of Land Planning & Entitlements 0 Page 2 Who will be responsible to control the dust during excavation and building? Eagan? Dakota? MPCA? EPA? Pulte? Company who did the soil samples for the leadlarsenic? 1IT-r---Ip M7-JT7f7A=.:::.•- 11-1 . j!"MOTTM-4,W) the building and development of this site due to lead and arsenic issues? Ail TrM 6 Mr, re Iffl, a '6 74d Pt �e I, held responsible for disclosure to the perspective home buyers as to what the soil Agenda Information Memo November 1, 2016, Eagan City Council Meeting NEW BUSINESS A. Planned Development Amendment — CSM/John Deere Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow outdoor storage of tractors and farm implements to continue at 2955 Lone Oak Drive, subject to the conditions listed in the APC minutes. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ The property is zoned PD, Planned Development, and contains a 45,000 sf warehouse and manufacturing building. ➢ John Deere has occupied the northern end of the building since 2005 and this facility serves as a regional vendor vocational training center for their equipment. ➢ A PD Amendment was approved in 2009 allowing the outdoor storage, with a termination date of Oct. 31, 2017 to coincide with the term of John Deere's lease. ➢ The property owner is seeking to renew the outdoor storage for a 10 yr. 2 mos. term to coincide with the extension of John Deere's lease for an initial 5 yr. term with an option for another 5 yrs. 2 mos. ➢ While outdoor storage is generally considered inconsistent with this Planned Development, experience over the past 7 years has generated no complaints and has notrom ted other similar requests in the area. p p ➢ Also addressed in the staff report is the applicant's response to the possibility of constructing an accessory building to house the equipment and why that is not a j feasible alternative. ➢ The Advisory Planning Commission held a public hearing on the proposal at their October 25, 2016 meeting, and did recommend approval. Issues: None 60 -Day Agency Action Deadline: November 20, 2016 Attachments: (4) NBA -1 Location Map NBA -2 Draft October 25, 2016, APC Meeting Minutes NBA -3 Planning Report NBA -4 Report Exhibits 9 rte^ 0 c m E c a� J Q J N E. oto r w 0 V O i Emao Z O v d Z O � d O d OM a � V 11" . vanNava 0 <lZ LL o 0 r� N Q O O C 0 0 LO 0 y :y ' �Om 0 <lZ LL o 0 r� N Q O O C 0 0 LO 0 Advisory Planning Commission October 25, 2016 Page 2 of 5 IV. PUBLIC HEARING New Business A. John Deere 2016 Applicant Name: John Ferrier, CSM Waters V, LLC Location: 2955 Lone Oak Dr; Lot 1, Block 1, Blue Ridge Sixth Addition Application: Planned Development Amendment A Planned Development Amendment to allow outdoor storage of tractors, farm implements and equipment. File Number: 01 -PA -08-09-16 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated October 19, 2016. John Ferrier, CSM, introduced himself and noted that CSM owns eight buildings in The Waters area. He described the John Deere operation on the subject site and stated he was available for questions. Member Dierkes asked if John Deere operates or works on the equipment outside. Mr. Ferrier responded that outdoor operations are limited to staging of the equipment. The tractors are brought inside for training as needed and only a few fit indoors at one time. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Piper stated his support for the application. Member Piper moved, Member Weimert seconded a motion to recommend approval of a Planned Development Amendment to allow outdoor storage of tractors and farm implements at 2955 Lone Oak Drive, subject to the following conditions: 1. The Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: O Site Plan 2. The outdoor storage terminates upon the expiration of this tenant's lease, or December 31, 2027, whichever occurs first. 3. The outdoor storage shall be as indicated on the approved Site Plan dated September 19, 2016. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 18, 2016 APPLICANT: CSM Waters V, LLC PROPERTY OWNER: CSM Waters V, LLC CASE: 01 -PA -08-09-16 HEARING DATE: October 25, 2016 APPLICATION DATE: Sept. 21, 2016 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 2955 Lone Oak Drive COMPREHENSIVE PLAN: SA -BP, Special Area — Business Park ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow outdoor storage of tractors and farm implements to continue at 2955 Lone Oak Drive, legally described as Lot 1, Block 1, Blue Ridge 5th Addition, located in the SW 1/4 of Section 1. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND/HISTORY This property was part of the Lauklca-Beck Planned Development which was established in 1985. The Special Area plan designates the site for office/service use. The property is currently zoned PD, Planned Development, and is generally considered similar to the BP, Business Park, zoning district. A Final Planned Development for this building was approved in 2003 and the building was constructed in 2004. A PD Amendment was approved in 2009 allowing outdoor storage of tractors Planning Report — CSM (John Deere) October 25, 2016 Paee 2 and farm implements for one of the tenants, John Deere. The 2009 PD Amendment had a termination date of October 31, 2017, to coincide with the term of John Deere's lease. With the end of the lease coming next year, the property owner is seeking to renew the outdoor storage to coincide with the extension of John Deere's lease for a 10 -year term. EXISTING CONDITIONS The site is developed with an existing 45,000 sq. ft. warehouse/manufacturing building on approximately 7.5 acres. Access is provided via Lone Oak Drive. John Deere has occupied the north end of the building since 2005, and this facility serves as a vocational training center for their equipment. John Deere stores several large tractors, combines, and other farm equipment outside in the parking lot and loading area to the rear of the building. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The applicant is proposing outdoor storage of farm equipment in the parking lot and loading dock area of the building. John Deere occupies 25,000 SF on the north end of the building and utilizes this facility as a vendor vocational training center for their equipment. According to the applicant, farm equipment needed for training must be on site to be available for training classes. While training is conducted inside the lab space within the building, the indoor space is not large enough to store all of the farm equipment needed to accommodate their training needs. Therefore, some equipment is stored outside behind the building. The applicant's narrative indicates up to 6 tractors, 2 combines, and large tires stored outside. The tire storage is needed because "the tractors have large dual tires that make the tractors too wide to store in the labs." According to the applicant, "the equipment is new and no maintenance of equipment will be conducted in the outdoor storage area." Existin Use Zoning Land Use Designation North Vacant PD, Planned Development SA, Special Area (BP, Business Park) South Office/Warehouse PD, Planned Development SA, Special Area (BP, Business Park) East Office PD, Planned Development SA, Special Area (MO, Major Office West Vacant and Office A, Agriculture and PD, SA, Special Area (RC, Retail Planned Development Commercial & BP, Business Park) EVALUATION OF REQUEST Description of Proposal — The applicant is proposing outdoor storage of farm equipment in the parking lot and loading dock area of the building. John Deere occupies 25,000 SF on the north end of the building and utilizes this facility as a vendor vocational training center for their equipment. According to the applicant, farm equipment needed for training must be on site to be available for training classes. While training is conducted inside the lab space within the building, the indoor space is not large enough to store all of the farm equipment needed to accommodate their training needs. Therefore, some equipment is stored outside behind the building. The applicant's narrative indicates up to 6 tractors, 2 combines, and large tires stored outside. The tire storage is needed because "the tractors have large dual tires that make the tractors too wide to store in the labs." According to the applicant, "the equipment is new and no maintenance of equipment will be conducted in the outdoor storage area." Planning Report — CSM (John Deere) October 25, 2016 Pave 3 Code Requirements — As mentioned above, the subject area was developed in a fashion consistent with the Business Park Zoning District which prohibits outdoor storage. Because the property is zoned PD, the owner has the ability to request uses that otherwise would not strictly be allowed in BP zoning. Outdoor storage typically requires a Conditional Use Permit (CUP). Within the PD zoning district, a PD Amendment serves in lieu of the conditional use permit. One of the criteria for issuing a CUP is that the proposed use "will be harmonious with the general and applicable specific objectives of the comprehensive plan and Code provisions." In addition, the City Code contains specific performance standards relative to outdoor storage which are listed below. Site Plan — The Site Plan shows up to 6 tractors occupying 6 parking stalls in the southwest corner of the parking lot, and 2 combines and space for tractor tires in the loading area adjacent to the building. The storage is located on existing pavement. Experience over the past 7 years has shown the outdoor storage to be in compliance with the approved Site Plan. The current proposal is the same, and does not propose to expand the area of outdoor storage. Compatibility with Surrounding Area — The surrounding area consists of both vacant and developed lots. Within the Special Area, the property to the west is designated for Retail Commercial uses, the remaining surrounding area is designated for BP, Business Park, and O/S, Office/Service uses. As with BP zoning, the PD Agreement pertaining to this property does not permit outdoor storage. For this reason, the proposed use appears incompatible with the zoning and surrounding area. However, the outdoor storage has been in place over the past 7 years and is well -screened, well -kept, and has not expanded or prompted other similar requests for outdoor storage on other properties in the area. Public Benefit — According to the applicant's narrative, John Deere occupies approximately 25,000 sf of the building, which operates as a regional vocational training center for the company, and conducts "training classes in the areas of sales, parts, service and management" for dealership employees. "Each month, John Deere's vocational training classes bring hundreds of people to the City of Eagan" from Minnesota and the surrounding states, who "utilize Eagan's public amenities such as hotels, shopping centers and restaurants." The narrative indicates that the ability to store farm implements in the truck court area of their facility is necessary for John Deere to remain at the Eagan location, and "John Deere looks forward to continue success and hopes to maintain their partnership with the City of Eagan." Outdoor Storage - City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: Planning Report — CSM (John Deere) October 25, 2016 Page 4 a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I--1) and general industrial (I--2) zoning districts, the enclosure may be detachedfrom the principal building. The outdoor storage area is not within an enclosure. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposed storage area is located in the rear yard and does not encroach into any required setbacks. c. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. There are no residential properties nearby and the outdoor storage area is screened from Lone Oak Drive by the building. d. The storage area shall not interfere with any pedestrian or vehicular movement. The outdoor storage area is located in designated parking spaces and adjacent to the building in the loading area. It does not interfere with pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. The storage area occupies six parking stalls. The site exceeds minimum parking standards by approximately 20 stalls. Thus, the site has adequate parking to dedicate six stalls to outdoor storage f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The area proposed for storage is a bituminous surface and is in good condition. Evaluation — Historically, the Laukka-Beck PD has called for a range of office, office/ showroom, and research and development uses. In keeping with this intent, the PD Agreement for this property specifically prohibits outdoor storage. While it appears that the proposal satisfies the performance standards for outdoor storage in the City Code with one exception, it is contrary to the objectives of City policies and zoning. In 2009, staff suggested to the applicant that the additional storage space could be accommodated with construction of an accessory structure, since storage within a building is permitted within the PD and is consistent with the zoning. The applicant indicated that construction of an accessory building, particularly of a size large enough to house the tractors, combines and tires, is a significant investment for a tenant. Ultimately, City officials allowed the outdoor storage as an interim use, with termination at the end of the current lease. It was noted that if the tenant Planning Report — CSM (John Deere) October 25, 2016 Paae 5 continued to occupy and grow in this location for a longer term, their on-going storage needs may warrant construction of an accessory storage building. In response, the applicant offered the following comments: • While the requested term of the PD Amendment is 10 years and two months, the initial term of John Deere's renewed lease is 5 years, and the cost of constructing an accessory building is economically infeasible for a tenant to amortize over a 5 -year term. • The accessory structure is a tenant specific need, and the owner believes such a structure would impede truck circulation and long-term, hurt re -tenanting of the space if John Deere leaves. • To date there have been no complaints or problems associated with the outdoor storage, and the outdoor storage has had little impact on adjacent businesses. The applicant has requested the term of this PD Amendment to encompass both the initial 5 -year lease term, and the option for another 5 -years and 2 months lease. City officials may choose to set a shorter term to coincide only with the initial 5 -year lease, if the requested term is believed to be too long. SUMMARY/CONCLUSION CSM is requesting approval of a Planned Development Amendment to permit outdoor storage of tractors, combines and tractor tires at 2955 Lone Oak Drive. While the proposal largely satisfies the performance standards for outdoor storage in the City Code, it is contrary to the objectives of City policies and zoning. In 2009, staff had concerns that introducing outdoor storage in this area would erode the integrity of the Planned Development and surrounding development. That has not proven to be the case as there have been no other requests for outdoor storage in the area since then, and the outdoor storage on this site has operated in keeping with the approved Site Plan. Unlike a Conditional Use Permit, in PD zoning outdoor storage can be permitted as an interim use with a set termination date. With that in mind, the conditions of approval set a termination date to coincide with the end of the lease, or on December 31, 2027, whichever occurs first. This approach can accommodate the present use without compromising the long-term development goals for the site and the surrounding area. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow outdoor storage of tractors and farm implements at 2955 Lone Oak Drive, legally described as Lot 1, Block 1, Blue Ridge 5th Addition, located in the SW 1/a of Section 1. If approved the following conditions shall apply: Planning Report — CSM (John Deere) October 25, 2016 Pate 6 1. The Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan 2. The outdoor storage terminates upon the expiration of this tenant's lease, or December 31, 2027, whichever occurs first. 3. The outdoor storage shall be as indicated on the approved Site Plan dated September 19, 2016. U) `J 0 �Z aWo W 0 C N C O U N � V q)y C y N U U C O Z Y m O o cm m i`a J lei o 0 0 09 ------------------_ _--------_-_-------- _ _---------_ _--------_-_-------- - -— - - d w w C7 I . I 1 1 I I I 1 I I I 1 I 1 I I I 1 t I - -_----- ----------- ----------------- --- ------------------------ on x i I -------- q rn I 1 I O 1 � I h I I I W I I I 1 /� I I 1 I 1 I I 1 1 h I I 1 I 1 I I I 1 1 `--------------/ ------------------_ _--------_-_-------- _ _---------_ _--------_-_-------- - -— - - d w w C7 I . I 1 1 I I I 1 I I I 1 I 1 I I I 1 t I - -_----- ----------- ----------------- --- ------------------------ PROJECT NARRATIVE Waters V Business Center Planned Development Amendment August 30, 2016 General Description of Request The Waters V Business Center was completed in the fall of 2004. In 2005, John Deere relocated their regional vocational training facility to Waters V. They occupy 24,768 square feet of the building. The facility is a vocational training center for John Deere's equipment. The training requires various farm implements to be used in the lab space. The farm equipment needed for training is delivered on flatbed trailers and pulled into the lab spaces for training classes. Access to the lab spaces is via two large 16 foot high by 24 foot wide overhead doors. Initially, all farm equipment was pulled into the lab spaces and not stored outside overnight. However, John Deere's business continued to grow and more training classes were added. Because of this, additional farm equipment was required to be stored on-site to accommodate their training requirements. In 2009, a PD Amendment was approved to allow John Deere to store some of the farm equipment overnight in the loading dock area of the building. The equipment included agricultural tractors and combines. Typically, there is never more than (6) tractors parked in the parking spaces at the back of the truck dock area. They use combines for training only once a year and there is no more than (2) combines parked in the loading dock area at one time. In addition, the tractors have large dual tires that make the tractors too wide to store in the labs. The 2009 PD Amendment allowed John Deere to store these tires in the truck dock area. The PD Amendment that was approved is set to expire in October of 2017, however John Deere is currently looking to sign a lease extension at the facility and would like to extend the PD Amendment to run concurrently with this extension. Despite having over a year before the current PD Amendment expires, John Deere would like to complete this process now so they would have time to find a new location if the PD Amendment is denied. Tenant Description John Deere was founded in 1837 and is a worldwide company with more than 100 manufacturing and marketing operations in 28 countries. The company employs over 56,000 people worldwide. The facility located in the Waters V Business Center is a regional training center responsible for agricultural equipment, commercial equipment and consumer equipment. Their students are comprised of John Deere Dealership employees from Minnesota, Iowa, Wisconsin, North Dakota, and South Dakota. They conduct training classes in the areas of sales, parts, service and management. Timing/phasing We are requesting approval of the planned development amendment to continue to allow the outdoor storage of farm implements and associated equipment at this facility. The tenant would like to continue storing this equipment for the duration of their new lease term. G:\Arch 2000\Projects-Active\Waters VUenants-CurrenWohn Decrc\PD Amendment 8-2016\pd amendment(Waters V).docmPage 1 of 2 PROJECT NARRATIVE Waters V Business Center Planned Development Amendment August 30, 2016 Existing land uses on subject property The existing land use is office/showroom/warehouse and is part of a planned development that was approved by the City Council in 2004 and amended in 2009. The John Deere use is administrative offices and vocational training. Surrounding land uses and zoning within 660 feet Review of the Comprehensive Land Use Plan indicates that the subject area is surrounded by property under the land use designation of SA, Special Area #1 — The Waters. Review of the Zoning Map indicates the subject area is surrounded by properties zoned PD, Planned Development. Impact of planned development amendment The planned development amendment to allow the outdoor storage function will have no negative impact on the subject or adjacent properties. All outdoor storage will be in the truck dock area of the building and will not be visible from any public streets. The adjacent areas are also truck dock areas, so there will be no negative effect on adjacent tenants. The farm equipment that is stored is new and no maintenance of equipment will be conducted in the outdoor storage area. In addition, there will be no adverse impact on City services such as sewer, water, storm water run-off and roads. Approval of the planned development amendment would better utilize the land as this truck dock area normally would be vacant overnight and not used. Public benefit John Deere is one of the United States' most successful and well respected companies. They are a worldwide company that has been around for over 175 years. Deere's amazing longevity and prosperity can be attributed to their core values of integrity, quality, commitment and innovation. John Deere is consistently ranked in Fortune magazine as the most admired company in the industrial and faun equipment category. The magazine's list of attributes included quality of management, product and services, innovation, long-term investment value, financial soundness, people management, social responsibility, and use of corporate assets. Each month, John Deere's vocational training classes bring hundreds of people to the City of Eagan from Minnesota, North Dakota, South Dakota, Wisconsin and Iowa. These people utilize Eagan's public amenities such as hotels, shopping centers and restaurants. To remain at the Eagan location, John Deere must continue to have the flexibility to store farm implements in the truck court of their facility. John Deere looks forward to continued success and hopes to maintain their partnership with the City of Eagan. G;\Arch 2000\Projects-Active\Waters Weliants-CurrentUohn Deere\PD Amendment 8-2016\pd amendment(Waters V).docmPage 2 of 2 Agenda Information Memo November 1, 2016, Eagan City Council Meeting NEW BUSINESS B. Conditional Use Permit — Fleetpark LLC Actions To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow outdoor storage of semi -tractors and trailers upon property located at 1256 Trapp Road, subject to the conditions listed in the APC minutes. To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow sales and service of trucks and trailers upon property located at 1256 Trapp Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ The property is zoned 1-1, Limited Industrial, in which outdoor storage is a conditional use. ➢ The eight acre property consists of seven parcels and contains an existing 64,000 s.f. warehouse building constructed in 1968. ➢ A condition of approval requires a replat of the parcels into one lot of record. ➢ The outdoor storage is proposed along the south side of the property. ➢ The proposal satisfies the performance standards in the City Code with the exception of an enclosure, which may not be necessary. ➢ The Advisory Planning Commission held a public hearing on the proposal at their October 25, 2016 meeting, and did recommend approval. Issues: None 60 -Day Agency Action Deadline: December 3, 2016 Attachments: (4) NBB-1 Location Map NBB-2 Draft October 25, 2016, APC Meeting Minutes NBB-3 Planning Report NBB-4 Report Exhibits Agenda Information Memo November 1, 2016, Eagan City Council Meeting NEW BUSINESS B. Conditional Use Permit — Fleetpark LLC Actions To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow outdoor storage of semi -tractors and trailers upon property located at 1256 Trapp Road, subject to the conditions listed in the APC minutes. To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow sales and service of trucks and trailers upon property located at 1256 Trapp Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The property is zoned 1-1, Limited Industrial, in which outdoor storage is a conditional use. ➢ The eight acre property consists of seven parcels and contains an existing 64,000 s.f. warehouse building constructed in 1968. ➢ A condition of approval requires a replat of the parcels into one lot of record. ➢ The outdoor storage is proposed along the south side of the property. ➢ The proposal satisfies the performance standards in the City Code with the exception of an enclosure, which may not be necessary. ➢ The Advisory Planning Commission held a public hearing on the proposal at their October 25, 2016 meeting, and did recommend approval. Issues: None 60 -Day Agency Action Deadline: December 3, 2016 Attachments: (4) NBB-1 Location Map N1313-2 Draft October 25, 2016, APC Meeting Minutes NBB-3 Planning Report N1313-4 Report Exhibits 9 0 cc w 0 �U Q N r R o � = M LO ,0 r" N 0 OMo EU m Z +' o v d Z d m o. W L) 0 MOM - : _�. 111 1 11 w�� ■ �, y , �■��' moi► ■ � o J� � ��I � -.. :�■ ♦�!�� •, .!111.. ;IIS 'I� •�►'�' .''1�'''i.��r'- �■i■■■■■■■:� �� . . Allllt J1111114 1`�\` � �. ■�I�� Jll I I f I ,t � � X111■■' .: � ,�� :�� �,; �' ���� �� � � � . i■��' ■moi■ �za■ EM �Z a) a) o 0 0 CV C o ,U � N N � y N � N N C O CL d V m aLO 0 0 MOM - : _�. 111 1 11 w�� ■ �, y , �■��' moi► ■ � o J� � ��I � -.. :�■ ♦�!�� •, .!111.. ;IIS 'I� •�►'�' .''1�'''i.��r'- �■i■■■■■■■:� �� . . Allllt J1111114 1`�\` � �. ■�I�� Jll I I f I ,t � � X111■■' .: � ,�� :�� �,; �' ���� �� � � � . i■��' ■moi■ �za■ EM Advisory Planning Commission October 25, 2016 Page 3 of 5 B. Hoovestol Applicant Name: Andy Lucht, Hoovestol Inc. Location: 1256 Trapp Road; Lots 9-11 & 27-30, Block 2, Eagandale Center Industrial Park Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of semi tractors and trailers. File Number: 03 -CU -13-09-16 Application: Conditional Use Permit A Conditional Use Permit to allow sales and service of trucks and trailers File Number: 03 -CU -11-09-16 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated October 18, 2016. John Weiand, applicant, explained the company's primary business is hauling US Mail, and their need for additional space. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Conditional Use Permit (CUP) for the outdoor storage of no more than 58 tractors, trailers or combination of the two upon property located at 1256 Trapp Road, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The property shall be replatted as a single lot and recorded no later than January 31, 2017. 3. Outdoor storage of semi tractors and trailers shall be permitted in the numbers and locations as delineated on the Site Plan received October 4, 2016. 4. The applicant shall obtain a right-of-way permit from the City prior to performing any work within the right-of-way. 5. The applicant shall restore the boulevard, concrete curb and gutter, and street in a manner acceptable to the City Engineer where the existing driveway entrance is being removed at Eagan Industrial Road. 6. The applicant shall maintain all paved surfaces in good condition. 7. Site improvements, including landscaping, shall be completed by June 1, 2017. Advisory Planning Commission October 25, 2016 Page 4 of 5 All voted in favor. Motion carried 7-0. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a conditional Use Permit (CUP) to allow sales and service of trucks and trailers, on property located at 1256 Trapp Road, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The property shall be replatted as a single lot and recorded no later than January 31, 2017. 3. Truck and trailer repair shall not occur outside the building. 4. Sales and service is only allowed for vehicles owned or leased by the property owner. No retail sales or service is allowed. 5. The applicant shall obtain a right-of-way permit from the City prior to performing any work within the right-of-way. 6. The applicant shall restore the boulevard, concrete curb and gutter, and street in a manner acceptable to the City Engineer where the existing driveway entrance is being removed at Eagan Industrial Road. 7. Site improvements, including landscaping, shall be completed by June 1, 2017. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 18, 2016 APPLICANT: Fleetpark, LLC PROPERTY OWNER: Same REQUEST: Conditional Use Permit LOCATION: 1256 Trapp Road CASE: 03 -CU -11 -09 -16;03 -CU -13-09-16 HEARING DATE: October 25, 2016 APPLICATION DATE: October 4, 2016 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of two Conditional Use Permits on property located upon property located at 1256 Trapp Road: 1. To allow outdoor storage of semi tractors and trailers 2. To allow sales and service of trucks and trailers AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not Planning Report — Fleetpark October 25, 2016 PaR-e 2 change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and lire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage that are addressed later in this report. BACKGROUND/HISTORY The subject site is comprised of seven parcels, all of which are owned by Fleetpark, LLC. The entire site is approximately 8 acres in size and is developed with a 64,000 s.f. building which was constructed in 1968. The former occupant, Rosemount Aerospace, purchased the property in 1979 and operated at the subject site for 35 years. They consolidated their Minnesota functions into their Burnsville office in June 2015. The applicant has also applied for a Final Plat to consolidate the parcels into one lot of record. Planning Report — Fleetpark October 25, 2016 Paee 3 EXISTING CONDITIONS The site is zoned and guided Industrial. The existing building and parking lots were constructed with development of the site. The building is connected to City sewer and water services. Drainage and utility easements are located along the north and south sides of the property. Access is provided from two locations on Trapp Road and three locations to the south off Eagan Industrial Road. SURROUNDING USES The site is surrounded by industrial property and uses. EVALUATION OF REQUEST Compatibility with Surrounding Area — The surrounding properties are zoned and guided for industrial use. The proposed use appears compatible with the surrounding properties and existing uses. — Description of Proposal — The applicant is proposing outdoor storage of semi -trucks and trailers as well as the sales and service of these vehicles. The existing building will be comprised of office (10,000 s.f), warehouse (25,100 s.£) and service (29,000 s.f.). The 8 acre site abuts two public right-of-ways with the proposed outdoor storage to the rear/southwest of the building. The applicant proposes to remove one access to Eagan Industrial Road to the south. Site Plan — The applicant proposes 58 parking spaces for the tractor and trailer fleet, which are located to the rear of the existing building. There are also 114 employee parking stalls located to the north and west of the existing building. Site Lighting — The existing parking lot, lighting is planned to remain. No new lighting is proposed. Four light poles exist in the proposed storage area. Wetlands — Because there are no wetlands on site, City Code §11.67, wetland protection and management regulations, does not apply. Stormwater Management/ Water Quality — The applicant proposes to reduce the amount of existing imperious surface, so 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 do not apply. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Streets/Access/Circulation — Public street access will remain unchanged at the two existing entrances onto Trapp Road. The applicant proposes to remove the middle entrance onto Eagan Planning Report — Fleetpark October 25, 2016 Page 4 Industrial Road and restore it to turf with landscaping to provide more screening of the property. The applicant should obtain a right-of-way permit from the City prior to performing any work, within the right-of-way. The applicant should restore the boulevard, concrete curb and gutter, and street in a manner acceptable to the City Engineer where the existing driveway entrance is being removed at Eagan Industrial Road. The parking lot is proposed to be restriped to accommodate parking of semi -trucks. Drainage & Utility Easement — An existing 10 foot wide drainage and utility easement currently exists along the Trapp Road to the north, and another 10 foot wide easement along Eagan Industrial Road to the south. The applicant proposes to vacate all public easements on the site, re -plat the existing 7 parcels into one lot, and re -dedicate new easements with the new plat. The public hearing for vacating the easements is tentatively scheduled for the Nov. 1 City Council meeting. Outdoor Storage — In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I--1) and general industrial (I--2) zoning districts, the enclosure may be detached from the principal building. The applicant proposes a six foot vinyl privacy fence along the southern perimeter of the site, adjacent to the right-of-way; however, full enclosure of the storage area/parking lot is not proposed. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. As mentioned previously, the site has double street frontage. Based on the orientation of the building and the paved parking lots, the proposed outdoor storage is located in the rear yard. Outdoor storage is required to be set back 20' from public rights-of-way, and 5' from side and rear lot lines in the I-1 zoning district. The proposed outdoor storage location satisfies these setbacks. c. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. Planning Report — Fleetpark October 25, 2016 Page 5 The proposal satisfies this condition. As previously stated, the applicant proposes a six foot vinyl fence along the Eagan Industrial Road right-of-way. The applicant also proposes to remove one of the access points onto Eagan Industrial Road and provide new landscaping, specifically 8 deciduous (maple) trees and 9 shrubs (dogwood and yew). The existing ash trees will be removed. d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposal satisfies this condition. The proposed storage area is specifically for semi - tractor and trailer storage and will not have pedestrian or other vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. The proposal satisfies this condition. The proposed outdoor storage is within an existing parking lot. Off-street parking requirements for the office, warehouse and service building are satisfied. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposal satisfies this condition. The existing site proposed for outdoor storage of trucks is currently constructed with a bituminous asphalt surface with concrete curb and gutter around the perimeter. The owner should maintain all paved surfaces in good condition. Financial Obligation — At this time, there are no pending assessments on the parcel. SUMMARY/CONCLUSION The applicant is requesting approval of two Conditional Use Permits for the outdoor storage of semi tractors and trailers; as well as sales and service. No new construction is associated with this proposal although the applicant proposes interior modifications to the building. The site is located in an industrial area and the proposed outdoor storage occurs in the side and rear yards of the property. The proposed outdoor storage satisfies five of the six outdoor storage criteria. The outdoor storage standard not met is full enclosure which may not be necessary given the use, location and surrounding uses. Conditions which are satisfied include access/circulation, setbacks, parking, surfacing and screening. City policymakers should determine whether a full enclosure is necessary The applicant has also applied for a Final Plat to consolidate the parcels into one lot of record. Planning Report — Fleetpark October 25, 2016 Paae 6 ACTIONS TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for the outdoor storage of no more than 58 tractors, trailers or combination of the two upon property located at 1256 Trapp Road. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The property shall be replatted as a single lot and recorded no later than January 31, 2017. 3. Outdoor storage of semi tractors and trailers shall be permitted in the numbers and locations as delineated on the Site Plan received October 4, 2016. 4. The applicant shall obtain a right-of-way permit from the City prior to performing any work within the right-of-way. 5. The applicant shall restore the boulevard, concrete curb and gutter, and street in a manner acceptable to the City Engineer where the existing driveway entrance is being removed at Eagan Industrial Road. 6. The applicant shall maintain all paved surfaces in good condition. 7. Site improvements, including landscaping, shall be completed by June 1, 2017. To recommend approval of a Conditional Use Permit (CUP) to allow sales and service of trucks and trailers, on property located at 1256 Trapp Road. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The property shall be replatted as a single lot and recorded no later than January 31, 2017. 3. Truck and trailer repair shall not occur outside the building. 4. Sales and service is only allowed for vehicles owned or leased by the property owner. No retail sales or service is allowed. 5. The applicant shall obtain a right-of-way permit from the City prior to performing any work within the right-of-way. Planning Report — Fleetpark October 25, 2016 Page 7 6. The applicant shall restore the boulevard, concrete curb and gutter, and street in a manner acceptable to the City Engineer where the existing driveway entrance is being removed at Eagan Industrial Road. 7. 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W11 UNIX— W.A 4A t 11 -1111 I—HM=ILI =—IlMl 1=Illl Ill- ILI ;111= ILI 1111=111 M IIIIil 4A t H+o» /n/JAWb v� w. woa4>vluaas (<as)Iuv4+ vr:d�al�w �uri�wiNiwi `J L5as9 pv olvauv�N'v I41a x Nvv+Is ue u3iii4i sea�nsag �eo�agaay uo1suocsuautI2IJ, e k o Ela s= s` w �o ON 49 tS6 a L, E` S �9.`w-wa ow reso°e .. ao�oo vim °,w baa awe gIX" °aaC9viN o°�=Ere a a. S:a§a LLI69 ww 'w V9 V3 OV08 ddvtll 90 [0sm 'Oax :uoi ssxiXeau M -x ;',wP Ad �'� •'J� . ,;�::�d;°..n�'i o I �g L O O f= Q W ` J W L O a 3 mj m w CL �g H� LLI69 ww 'w V9 V3 OV08 ddvtll 90 [0sm 'Oax :uoi ssxiXeau M -x ;',wP Ad �'� •'J� . ,;�::�d;°..n�'i o I L O O f= Q W ` J W I F -UA W 3 mj m 7 I �� f 4- N. �f y�• 0 I , C �>` i . F' i � s OF "fes 4 +-+ r N _ C O 7 I �� f �f y�• I , i . F' i 7 I �� Narrative 1256 Trapp Road was used as light aerospace industrial manufacturing. The site is zoned light Industrial. It is our intension to convert the site to Fleet Park corporate offices and trucking maintenance facility. There will be temporary storage of semi tractor and trailers off the rear parking lot. Refer to the scale drawings for the addition of 28 evergreen trees between existing ash trees to screen from Eagan Industrial Road. The building plan also calls out our intensions to alter the building to include an office area existing on the north side, warehouse on the south east side and service area on the south west side. Richard Hanson Hanson Technical Services 205 Woodley Street East Northfield, MN 55057 10/04/2016 Pamela Dudziak Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Dear Pamela, In response to your letter of September 281h to Andy Lucht you will find attached a resubmission of the cups in process of 03 -CU -11-09-16, and 03 -CU -13-09-16 documents per your review. Thank you for your assistance with this process. In response to your required points. With regard to the suggested points. • Detailed truck parking quantities are shown. • Dimensions are shown for parking. • A 1:50 scale site plan is provided. • Existing Parking lot lighting is called out. (no changes are proposed at this time) • The mature ash trees are to be removed. • Maple trees and bush groupings are added. • There will not be cargo stored in the trailers. • The middle drive curb cut is to be removed. • A screening fence is proposed. • The parking calculations have been corrected. If you see anything that might still be an issue please respond as soon as possible. Sincerely, Richard Hanson Hanson Technical Services 205 Woodley Street East Northfield, MN 55057