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05/02/2017 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 2, 2017 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 Resolution to accept donation of returned art print F. APPROVE resolution scheduling a public hearing for June 6, 2017 related to bonds to be issued by the City of Hugo for the Minnesota Autism Center's Eagan project G. APPROVE Resolution to accept a donation of a Memorial Park Bench on behalf of Marina Leikikh to be located at Thomas Lake Park H. APPROVE Exempt Permit for Time on the Water to hold a raffle on July 15, 2017 at 4185 South Robert Trial I. DIRECT preparation of an Ordinance Amendment to City Code Chapter 5 to adopt State Law regarding off -sale liquor store hours of operation J. DIRECT preparation of an Ordinance Amendment to City Code Chapter 6 to allow administrative approval of exempt/excluded gambling permits K. APPROVE Action to not waive Monetary Limits on Municipal Tort Liability L. APPROVE a contract with Wold Architects and Engineers for architectural design services and construction support for improvements at City Hall and the Police Department M. AWARD Contract 17-07, Citywide Trail & Parking Lot Improvements N. AWARD Contract 17-08, Vikings Parkway Streetlight Materials Purchase O. AWARD Contract 17-11, 2017 Citywide Sanitary Sewer Lining P. APPROVE Final Payment, Contract 16-07, South Treatment Plant Generator Controls Update Q. APPROVE Joint Powers Agreement with Dakota County for Project 1248 (Diffley Road/ Braddock Trail Turn Lane Improvements - County Project No. 30-34) R. APPROVE Tipperary Addition Maintenance Agreement with the City of Inver Grove Heights S. APPROVE Change Order No. 1, Contract 16-24, Central Maintenance Facility Security/ Access/ Paging Improvements T. APPROVE Cost Share, Operation and Maintenance Agreement with Property Owner at 1819 Taconite Trail U. APPROVE Cost Share, Operation and Maintenance Agreement with Property Owner at 1380 Wilderness Run Drive V. APPROVE Cost Share, Operation and Maintenance Agreement with Property Owner at 3757 Blackhawk Point W. APPROVE Final Subdivision for Quarry Road Addition — United Properties X. APPROVE Assignment of Development Contracts for Waters Annex and Waters Annex 2nd Addition — CSM Corp Y. APPROVE Conditional Use Permit —Shawnee Business Park - A Conditional Use Permit to allow outdoor storage of commercial vehicles and equipment located at 1959 Shawnee Road Z. APPROVE change order #4 for project 16-05 Fire Station One AA. APPROVE Change Order No. 7, Contract 16-04, Central Maintenance Facility Renovations BB. APPROVE Exempt Permit for Pinewood Community School PTO to host bingo on June 2, 2017 at 4185 South Robert Trail. V. APPOINTMENT OF ADVISORY COMMISSION MEMBERS VI. PUBLIC HEARINGS VII. OLD BUSINESS VIII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - Cliff Lake Marketplace -A Planned Development Amendment to modify parking stall sizes, increase patio seating and modify the monument sign to create a pylon sign located at 1965 Cliff Lake Road B. INTERIM USE PERMITS—Gertens - An Interim Use Permit to allow a 10 yr. extension to continue operations of existing yard waste, compost facility and landscape center on Outlot H and a An Interim Use Permit to allow a 3 yr. extension to continue operations of existing yard waste, compost facility and landscape center on Outlot A located at 805 Yankee Doodle Road C. PLANNED DEVELOPMENT AMENDMENT— Beyond Self Storage - APlannedDevelopment Amendment to allow a climate controlled internal self -storage facility located near Hwy 55 and Dodd Road IX. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY XI. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT City of Eap demo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: APRIL 28, 2017 SUBJECT: AGENDA INFORMATION FOR MAY 2, 2017 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 2, 2017 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 2, 2017 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 April 18, 2017 regular City Council meeting and April 25, 2017 Special City Council meeting as presented or modified. Attachments: (2) CA -1 April 18, 2017 City Council Minutes CA -2 April 25, 2017 Special Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota APRIL 18, 2017 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, April 18, 2017 at 6:00 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, Finance Director Pepper, Director of Community Development Hutmacher, City Planner Ridley, Public Works Director Matthys, Deputy Police Chief New, Fire Chief Scott, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the April 4, 2017 regular City Council meeting and April 12, 2017 Special City Council meetings as presented or modified. B. Personnel Items: 1. It was recommended to authorize the hiring of the following seasonal employees: Benjamin Kosel, Robert Rausch, Brady Weldon, and Benjamin St Martin. 2. It was recommended to authorize the hiring of Cavan Denning, Water Quality Intern. 3. It was recommended to authorize the hiring of Ashley Gengler, Finance Intern. 4. It was recommended to accept the resignation of Scott Ingalsbe, Volunteer Firefighter. C. It was recommended to ratify the check registers dated March 31 and April 7, 2017. D. It was recommended to approve the ordinary and customary contracts with SELECTACCOUNT, and St. Crois Harley-Davidson. E. It was recommended to approve agreement allowing HealthEast Transportation to house an ambulance at Fire Station Three. F. It was recommended to approve a resolution to accept a donation from the Eagan Lion's Club in the amount of $10,000 for the Fire Department and authorize the necessary budget adjustment. G. It was recommended to approve the final payment for Contract 16-14 (Central Maintenance Campus —Salt Storage Building) in the amount of $30,015.55 to A & B Construction and accept the improvements for perpetual City maintenance subject to warranty provisions. City Council Meeting Minutes April 18, 2017 2 page H. It was recommended to receive the quotes and award Contract 17-14 (Citywide Traffic Signal Painting) to OLS Restoration, Inc., for the Base Bid in the amount of $26,330 and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to approve a Joint Powers Agreement with the Dakota County Transportation Department for Project 1251 (Lexington Avenue (CSAH 43)/Lone Oak Road (CSAH 26) Intersection Improvements), and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to approve a Water Main Interconnection Agreement with the City of Inver Grove Heights and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to approve a resolution to accept a $200 cash donation from Minnesota Valley In -Fisherman Club in support of the 2017 "School of Fish" class and direct the Mayor and City Clerk to execute all related documents. L. It was recommended to reject all bids for Contract 17-08, Vikings Parkway—Streetlight Materials Purchase, and authorize the rebidding of the contract. M. It was recommended to approve a resolution to accept a fabric donation from Debra Haupt of Haupt Antiek Market for Eagan Forward. N. It was recommended to award Contract 17-10 to ComLink Midwest LLC for the extension of fiber into Northeast Eagan development area. O. It was recommended to approve a Final Plat (Cloverleaf Cold Storage) for property located south at 2864 Eagandale Boulevard. P. It was recommended to adopt a resolution approving a Second Amendment and Restated Development Agreement with MG Eagan, LLC. Q. It was recommended to approve a resolution to accept a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant. R. It was recommended to approve Project 1178 (Community Center Parking Lot Improvements), authorize preparation of detailed final plans and specifications, and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to approve a Sound Amplification Permit for an outdoor event with electronic sound system/audio equipment use after 10 p.m. to be held May 5 and 6 at 3665 Sibley Memorial Highway. PUBLIC HEARINGS Adopt a Resolution Authorizing an Amendment to a Minnesota Investment Fund Agreement with the Department of Employment and Economic Development For the Benefit of Databank Holdings LP Community Development Director Hutmacher introduced the item noting on April 21, 2015 the City of Eagan was awarded a $135,000 grant from the Minnesota Investment Fund (MIF) program administered by the State Department of Employment and Economic Development (DEED) to provide a forgivable loan to Databank Holdings LP for equipment costs as part of a new datacenter at 3255 Neil Armstrong Boulevard. The grant contract with DEED and loan agreement with Databank Holdings LP requires the company to meet a job creation goal of 18 new employees within a two-year period or payback a pro rate share of the loan. The two-year deadline is May 1, 2017. Hutmacher noted the grant contract allows the City (grantee) to extend the grant period for one year from the compliance date to May 1, 2018, provided the City holds a public hearing and authorizes the extension by resolution. Databank Holdings City Council Meeting Minutes April 18, 2017 3 page LP indicated they are close to meeting their hiring goals but, due to turnover, complexity of their ramp up and local economic factors, they would like a one-year extension to be certain they meet the compliance date. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and adopt a resolution authorizing execution of a one-year extension to the Minnesota Investment Fund Agreement with the Department of Employment and Economic Development for the benefit of Databank Holdings LP. Aye: 5 Nay: 0 OLD BUSINESS There was no old business to be heard. NEW BUSINESS There was no new business to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 6:41 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk MINUTES SPECIAL CITY COUNCIL MEETING APRIL 25, 2017 6:00 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Fields, Bakken, Hansen and Tilley. City staff present: City Administrator Osberg ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. INTERVIEW ADVISORY COMMISSION APPLICANTS The City Council interviewed 13 applicants for the various openings on the Advisory Planning Commission, Advisory Parks and Recreation Commission, Airport Relations Commission, Energy and Environment Advisory Commission, and Eagan -Inver Grove Heights Watershed Management Organization. The 13 interviews were in addition to the 18 interviews that occurred on April 11. It was noted that 13 incumbents reapplied. Ten incumbents have opted to participate in a survey about their experiences to date on their respective commission rather than participate in a formal interview. Two incumbents have elected to schedule an interview. Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:28 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo May 2, 2017 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Authorize the hiring of the following seasonal employees: Borash, Katelyn N Park Laborer Odonnell, Jeffrey D Park Laborer Schoenecker, Justin T Park Laborer Schoenecker, Thomas W Park Laborer ITEM 2. Action To Be Considered: Accept the resignation of Hunter Selg, Volunteer Fire Fighter. ITEM 3. Action To Be Considered: Authorize the hiring of Alex Johnson, GIS Technician. ➢ This position was approved for recruitment by Council on 3/7/17 Agenda Information Memo May 2, 2017 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated April 14 and 21, 2017 as presented. Attachments: (2) CC -1 Check register dated April 14, 2017 CC -2 Check register dated April 21, 2017 Agenda Information Memo May 2, 2017, 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: ➢ Agreement with Health Strategies for firefighter medical examinations ➢ Professional Services Agreement with Stantec for skate park final design, engineering and project administration services Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo May 2, 2017 - Eagan City Council Meeting CONSENT AGENDA E. ADOPT Resolution to accept return of historic Town Hall numbered art print as a donation Action To Be Considered: To approve a resolution to accept the return of historic Town Hall numbered art print as a donation from resident, Bonnie Mayer Facts: ➢ Resident Bonnie Mayer purchased a numbered art print of the 1914 Old Town Hall from the City of Eagan/Historical Society ➢ she decided not to keep said numbered print and returned it to the City of Eagan/Eagan Historical Society as a donation ➢ The City of Eagan/Eagan Historical Society accepted the returned print as a donation and issued a receipt for $120.00 in value Attachments: (1) CE -1 Resolution CITY OF EAGAN RESOLUTION TO APPROVE A RESOLUTION TO ACCEPT THE RETURN OF HISTORIC TOWN HALL NUMBERED ART PRINT AS DONATION WHEREAS, Resident Bonnie Mayer purchased a numbered art print of the 1914 Old Town Hall from the City of Eagan/Historical Society; and WHEREAS, she decided not to keep said numbered print; and WHEREAS, The City of Eagan/Eagan Historical Society accepted the returned print as a donation and issued a receipt for $120.00 in value; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the art print with a value of $120.00, donated by Bonnie Mayer. Motion made by: Seconded by: Those in favor: Those against: Dated: May 2, 2017 CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5`h day of January, 2016. City Clerk Agenda Information Memo May 2, 2017, Eagan City Council Meeting CONSENT AGENDA F. Approve a resolution to schedule a public hearing for June 6, 2017 related to bonds to be issued by the City of Hugo for the Minnesota Autism Center's Eagan project Action to be Considered: To approve a resolution calling for a public hearing on consent to the issuance of educational facilities revenue bonds and authorizing the publication of a notice of the hearing related to the Minnesota Autism Center project. Facts: ➢ The Minnesota Autism Center (MAC) is further expanding its campus at the southwest corner of Silver Bell Road and Tesseract Place in the Cedar Grove Redevelopment District. ➢ Similar to its 2015 expansion, MAC's project will be financed by tax-exempt revenue bonds to be issued by the City of Hugo. ➢ Generally, a city may not issue bonds for a project outside its jurisdiction; however, under Minnesota Statutes 471.656, subd. 2(2), the city in which the project is located may give its permission for another city to issue the bonds. This is commonly referred to as "host approval." ➢ Federal tax code also requires host approval for such tax-exempt bonds, and that approval can only be given following a publichearing. ➢ A representative from MAC will attend the June 6 public hearing and will be available to answer questions. ➢ MAC has agreed to pay a fee and all of the City of Eagan's out-of-pocket costs, which will consist primarily of the City's bond counsel review fees. ➢ A letter from MAC's bond counsel, Briggs & Morgan, with additional details of the transaction is attached. Attachments: (2) CF -1 Resolution CF -2 Briggs & Morgan letter Extract of Minutes of a Meeting of the City Council of the City of Eagan, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, Minnesota, was duly held at the City Hall in said City on Tuesday, the 2nd day of May, 2017, at 6:30 o'clock P.M. The following members were present: and the following were absent: adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON CONSENT TO THE ISSUANCE OF REVENUE BONDS AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (MINNESOTA AUTISM CENTER PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member , and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 8278834v1 RESOLUTION CALLING FOR A PUBLIC HEARING ON CONSENT TO THE ISSUANCE OF REVENUE BONDS AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (MINNESOTA AUTISM CENTER PROJECT) (a) WHEREAS, Minnesota Statutes, Sections 469.152 through 469.165, as amended, relating to municipal industrial development (the "Act"), gives municipalities the power to issue revenue obligations for the purpose of promoting the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; and (b) WHEREAS, the City of Eagan, Minnesota ("Eagan"), has received from Autism Opportunities Foundation, a Minnesota nonprofit corporation and 501(c)(3) organization, doing business as the Minnesota Autism Center (the "Borrower"), a proposal that the City of Hugo, Minnesota undertake a program to assist in financing, among other things, a Project described in Exhibit A, which is located in Eagan, through the issuance of revenue bonds or other obligations (in one or more series) (the "Bonds") pursuant to the Act; and (c) WHEREAS, Eagan has been advised that a public hearing and City Council host approval of and consent to the financing of the Project is required under the Act and Section 147(f) of the Internal Revenue Code because the facilities to be financed by the Bonds are located in Eagan: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. A public hearing on the proposal of the Borrower will be held at the time and place set forth in the Notice of Public Hearing attached hereto as Exhibit A. 2. The City Clerk is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of Eagan and a newspaper of general circulation available in Eagan, not less than 14 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. Adopted by the City Council of the City of Eagan, Minnesota, this 2nd day of May, 2017. ATTEST: City Clerk 2 8278834v1 Mayor STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN I, the undersigned, being the duly qualified and acting City Clerk of the City of Eagan, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to calling for a public hearing on the approving the issuance of a revenue obligation for a project in the City. WITNESS my hand this day of May, 2017. City Clerk 3 8278834v1 EXHIBIT A NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR CONSENT TO THE ISSUANCE OF REVENUE BONDS FOR THE MINNESOTA AUTISM CENTER PROJECT Notice is hereby given that the City Council of the City of Eagan, Minnesota (the "City") will meet at the Eagan Municipal Center, 3830 Pilot Knob Road, in the City, at 6:30 p.m. on Tuesday, June 6, 2017, to consider giving host approval and consent to the issuance by the City of Hugo, Minnesota ("Issuer") of revenue bonds, in one or more series (the "Bonds"), under Minnesota Statutes, Sections 469.152 through 469.165, as amended (the "Act"), in order to finance the cost of a project located in the City. Autism Opportunities Foundation, a Minnesota nonprofit corporation and 501(c)(3) organization, d/b/a Minnesota Autism Center (the "Borrower"), proposes to (i) finance the acquisition, construction, and equipping of an intensive therapy center for children and adults ages 10 to 21 diagnosed with autism spectrum disorder ("ASD"), consisting of a one-story building of approximately 19,378 square feet with classrooms, a playground area, lunch room, gym, therapy room, art room, computer lab, conference rooms, administrative space, and parking lot (the "Therapy Facility") to be located at 2100 Silver Bell Road in the City (the "Therapy Project"), and (ii) amend certain terms of the bonds that were issued by the Issuer in 2015 (the "2015 Bonds") which were used to finance the acquisition, construction, and equipping of an approximately 48,332 square foot two-story new school building, which serves primarily high school students with ASD, and includes a reception area, approximately 14 classrooms, 11 therapy/breakout rooms, 5 office/conference rooms, a library, an arcade, a lunch room, and a gymnasium, and also includes a soccer field and a parking lot all located at the southwest corner of Silver Bell Road and Tesseract Place in the City (the "Existing Project" and, together with the Therapy Project, the "Project"). The Project will be owned, operated, and managed by the Borrower. The maximum estimated principal amount of the Bonds to be issued to finance the Therapy Project is $5,100,000. The Bonds, if and when issued, will not constitute a charge, lien or encumbrance upon any property of the City or the Issuer, and such obligation will not be a charge against the general credit or taxing powers of the City or the Issuer but will be payable from sums to be paid by the Borrower pursuant to a revenue agreement. At the time and place fixed for the public hearing, the City Council will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Written comments will be considered if submitted at the above City office on or before the date of the hearing. A-1 8278834v1 BRI S 2200 IDS 80 South 8th Street MinneapCenter Minneapolis MN 55402-2157 tel 612.977.8400 a H • - fax 612.977.8650 April 14, 2017 RV E-MAIL Tom Pepper Finance Director City of Eagan 3830 Pilot Knob Rod Eagan, MN 55122-1810 Mary Webster Associate Wells Fargo Bank, N.A. MAC N9303-105 608 Second Ave. S. Minneapolis, MN 55479 Catherine J. Courtney (612)977-8765 ccourtney@briggs.com Re: Approval of Extraterritorial Issuance of Tax -Exempt Obligation for Project in Eagan Dear Mr. Pepper and Ms. Webster: We have been asked to provide this letter in our capacity as bond counsel for the City of Hugo, as the requested issuer of tax-exempt obligations with respect to a project to be located in Eagan. It is our understanding that Wells Fargo Bank, N.A. ("Wells Fargo") desires to purchase tax-exempt obligations (the "Bonds") with respect to a project (the "Project") to be owned and operated by Minnesota Autism Center, a non-profit corporation and 501(c)(3) organization (the "Borrower"). The Project will be located in the City of Eagan ("Eagan"). For certain reasons, Wells Fargo and the Borrower would like the Bonds issued by the City of Hugo (the "Issuer") rather than Eagan. The Issuer acted as issuer for the Borrower in 2015 for another project located in Eagan. Wells Fargo and the Borrower wish to make some amendments to the 2015 bonds, as well as to have the consistency of having a single issuer for these Bonds. This is permissible under federal and State statutes if certain procedures are followed, including the approval by Eagan to the issuance of the Bonds by another city. We understand that the Project is of the type that the Bonds would be issued in accordance with Minnesota Statutes, Sections 469.152 through 469.165. A city may not issue bonds for a project located outside of its jurisdiction, as is requested in this case. However, the city in which a project is located may give permission for the issuance of bonds by another city. This is commonly referred to as "host approval." Under Minnesota Statutes, Section 471.656, subdivision 2(2), host approval may be given for a project located in the host city, by resolution of the host city. Briggs and Morgan, Professional Association Minneapolis I St. Paul I www.bdggs.com Affirmative Action, Equal Opportunity Employer 8268159v1 BRIGGS AND MORGAN Tom Pepper Mary Webster April 14, 2017 Page 2 Similarly, under the federal tax code, before a city can issue bonds for a project located outside of its jurisdiction, the host city must give its approval. Such approval can only be given following the holding of a public hearing. Therefore, with respect to this Project, Wells Fargo and the Borrower are asking that Eagan give its host approval for the issuance of Bonds by the Issuer for benefit of the Borrower with respect to the Project. The process would be for Eagan to hold a public hearing and, following the public hearing, adopt a resolution granting the requested host approval, in accordance with both Minnesota Statutes, Section 471.656 and the federal tax code. It is proposed that the public hearing date would be set by a resolution of the City Council calling for the public hearing adopted at its meeting on May 2, 2017. The public hearing notice must be published at least 14 days but not more than 30 days prior to the date set for the public hearing. The public hearing would be set for and held on June 6, 2017. The Bonds, as and when issued by the Issuer, will not constitute a charge, lien, or encumbrance upon any property of Eagan or the Issuer, except the Project and the revenues to be derived from the Project. The Bonds will not be a charge against the general credit or taxing powers of Eagan or the Issuer, but will be payable from amounts to be paid by the Borrower pursuant to a loan agreement. Please feel free to contact me if you have any further questions. Very truly yours, /s/ Catherine J. Courtney Catherine J. Courtney CJC 8268159v1 Agenda Information Memo May 2, 2017 Eagan City Council Meeting CONSENT AGENDA G. Approve A Resolution To Accept A Donation Of A Memorial Park Bench On Behalf Of Marina Leikikh To Be Located At Thomas Lake Park Action To Be Considered: To approve a Resolution to accept a donation of a memorial park bench on behalf of Marina Leikikh to be located at Thomas Lake Park Facts: ➢ The Parks and Recreation Department have a long history of installing park amenities donated as memorials throughout the City ➢ The park bench location was previously identified as a location for a future park bench ➢ Marina Leikikh donated $520 to the City of Eagan for a memorial bench ➢ A small plaque with the inscription "In Loving Memory of Alexander G. Leikikh" will be mounted on the bench consistent with the past practice of installing plaques on park amenities donated as memorials. Attachments: (1) CG -1 Resolution CITY OF EAGAN I 4,91S11[Shl TO APPROVE A RESOLUTION TO ACCEPT A DONATION FROM MARINA LEIKIKH IN THE AMOUNT OF $520 FOR A MEMORIAL BENCH TO BE PLACED AT THOMAS LAKE PARK. WHEREAS, Eagan Parks and Recreation have a long history of installing park amenities donated as memorials with funds donated as part of the gifting policy adopted by the City Council; and WHEREAS, Marina Leikikh has expressed an interest in donating $520 to memorialize a park bench in Alexander G. Leikikh memory, and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $520 cash donation from Marina Leikikh to memorialize a park bench that will be installed at Thomas Lake Park. Motion made by: Seconded by: Those in favor: Those against: Dated: May 2, 2017 CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2nd day of May, 2017. City Clerk Agenda Information Memo May 2, 2017, Eagan City Council Meeting CONSENT AGENDA H. Approve Exempt Permit for Time on the Water to hold a raffle on July 15, 2017 at 4185 South Robert Trail Action To Be Considered: To approve an Exempt Permit for the Time on the Water to hold a raffle on July 15, 2017 at 4185 South Robert Trial. Facts: ➢ Time on the Water, an organization that takes veterans fishing, has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (0) Agenda Information Memo May 2, 2017, Eagan City Council Meeting CONSENT AGENDA I. Direct preparation of an ordinance amendment to City Code Chapter 5 to adopt State Law regarding off -sale liquor store hours of operation Action To Be Considered: To direct preparation of an ordinance amendment to City Code Chapter 5 to adopt State Law regarding off -sale liquor store hours of operation. Facts: ➢ City Code Chapter 5 allows off -sale liquor license holders (liquor stores) to be open 8 a.m. to 10 p.m. Monday through Saturday. ➢ The State recently passed legislation that allows liquor stores to sell on Sundays from 11 a.m. to 6 p.m. The legislation becomes effective July 1. ➢ The proposed ordinance amendment would adopt the permitted hours of operation for off -sale liquor stores as set forth in State Statute. Those hours are 8 a.m. to 10 p.m. on Monday through Saturday and 11 a.m. to 6 p.m. on Sunday. ➢ Additional information will be provided when the ordinance amendment is before Council for consideration. Attachments: (0) Agenda Information Memo May 2, 2017, Eagan City Council Meeting CONSENT AGENDA J. Direct preparation of an ordinance amendment to City Code Chapter 6 to allow administrative approval of exempt/excluded gambling permits Action To Be Considered: To direct preparation of an ordinance amendment to City Code Chapter 6 to allow administrative approval of exempt/excluded gambling permits Facts: ➢ Nonprofit organizations holding raffles with prizes valued less than $50,000 or hosting bingo at four or fewer events are required by State Statute to apply with the Gambling Control Board for an exempt/excluded permit. Part of the permit application requires a sign -off from the municipality. ➢ City Code requires the City Council approve exempt/excluded permits. This can cause processing delays for the nonprofits. ➢ The Gambling Control Board has advised that exempt/excluded permits can be signed by city staff and do not require Council approval. ➢ The proposed ordinance amendment would allow administrative approval of exempt/excluded permits. Council approval would still be required for premise permits (i.e. pull -tabs, bar bingo, etc.). ➢ Additional information will be provided when the ordinance amendment is before Council for consideration. Attachments: (0) Agenda Information Memo May 2, 2017, Eagan City Council Meeting CONSENT AGENDA K. Approve Action to not waive the monetary limits on municipal tort liability Action To Be Considered: To approve action to not waive the monetary limits on municipal tort liability. Facts: ➢ Each year at the time of the renewal of the City's property/casualty insurance policies, the City Council is asked by the League of Minnesota Cities Insurance Trust (LMCIT) to take formal action to "waive" or "not waive" the statutory tort limits to the extent of the insurance coverage being purchased. ➢ Minnesota Statutes provide the maximum liability of any municipality on any claim to be $500,000 when the claim is for death by wrongful act or omission and $500,000 to any claimant in any other case and $1,500,000 for any number of claims arising out of a single occurrence. These limits do not cover MN Statutory Liquor and Federal Laws (civil rights and disabilities). ➢ The City is annually provided an option to purchase excess liability coverage, in effect raising the statutory limits. However, because the statutory limits have been upheld in numerous court cases and because of the relatively high premium costs, Eagan has chosen over the past number of years not to purchase any excess liability coverage. ➢ Choosing not to waive the statutory tort limits means that an individual claimant could potentially recover no more than $500,000 on any claim to which the statutory tort limits apply. The total that all claimants could potentially recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. ➢ Staff has not done a survey, but in discussing the issue with the City's insurance agent there does not appear to be a consistent conclusion reached by the various cities insured by the LMCIT as to either purchase excess liability coverage and/or to waive or not waive the tort limits. Individual City philosophies and financial situations are most important in informing the decision. While staff has not requested a complete legal analysis of the issue, the City Attorney sees the decision to waive or not waive the tort limits as a matter of public policy for the City Council to decide. Attachments: (0) Agenda Information Memo May 2, 2017 Eagan City Council Meeting CONSENT AGENDA L. Approve a contract with Wold Architects and Engineers for architectural design services and construction support for improvements at City Hall and the Police Department Action To Be Considered: To approve a contract with Wold Architects and Engineers for architectural design services and construction support for improvements at City Hall and the Police Department Facts: n In preparation for the remodeling of City Hall and the Police Department in 2018, an RFP was issued for architectural services. The RFP sought an architectural firm to assist the City in design services and preparation of plans and specifications for bidding to general contractors. The architect will also serve as project manager during construction. ➢ The City received nine (9) proposals from architectural firms. D Following a scoring and interview process, Wold Architects is suggested as the architect of choice. Pending Council approval, the team from Wold, led by Partner John McNamara, will begin a participatory planning process right away. ➢ The project is anticipated to be bid in the spring of 2018. Construction on the project is proposed to begin late spring/early summer 2018, following award of the contract and sale of bonds. The project will likely be complete in early to mid -2019. Attachments: (2) CL -1 Proposal from Wold Architects CL -2 Proposed Contract n,. P . CITY OF EAGAN Requcst for Proposals for .architectural Design Services & Construction •Support For the Remodel of City Hall and the Police Department facility March 31, 2017 �1 .• sem, .•� _• "ti+r� TOC 1 14 36 50 5 64 10 2 ME 1 (COVER LETTER March 31, 2017 Dianne Miller, Assistant City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Request for Proposals for Architectural Design Services and Construction Support for the Remodel of City Hall and the Police Department Facility Dear Selection Committee: Wold Architects and Engineers is pleased to respond to the City of Eagads Request for Proposals for this exciting project to renovate and add onto the Eagan City Hall and Police Department. As the architect and designer for the recent addition and renovation project for the City of Burnsville, we have current relevant experience on a project very similar to what you are looking to achieve. The exact team that collaborated with the City of Burnsville City Hall and Police Department is available to work with you and passionate for public safety and city hall design. Additionally, my lead designer is a resident of Eagan and excited to work on this important and close -to -home project. For almost 50 years, Wold Architects and Engineers has helped municipalities realize their facility goals. Our expertise in planning and design of municipal facilities, including police stations, city halls, fire stations, and maintenance facilities, makes us the best fit to partner with you on implementing this project. Our recent experience includes projects just like yours: • City of Burnsville, Additions and Renovation to Police and City Hall • City of Brooklyn Park, Police Expansion and Renovation • City of Cottage Grove, Public Safety and City Hall • City of Richfield, City Hall, Police, and Fire Station • City of Lakeville, New Police Station • City of Faribault, Police Station Renovation and Expansion • City of Alexandria, New Police Station • City of Farmington, New Police Station, City Hall, and Fire Station From the facility tour and meeting we understand some of your goals for this project include: city hall • Expansion and renovation to the city hall to accommodate growth and provide a modern work space • Improve customer service counters and provide safe and secure conference space adjacent to service counters while separating the public from staff • Incorporate innovative office solutions that provide teaming and collaboration spaces for staff as well as flexible shared office space for remote workers • Improve overall building security with a balance that maintains an open and inviting atmosphere for public and staff • Other improvements to conference rooms, storage, and customer wayfinding Wold Architects and Engineers 332 Minnesota Street, Suite W 2000 St. Paul, MN 55101 t 651 227 7773 PLANNERS ARCHITECTS ENGINEERS police • Expansion and renovation of the police department to improve operations and to accommodate growth in the department • Finalize design solutions for the addition of a garage to house police vehicles • Modifications to the public lobby to improve security and to separate in -custody release from the public • Improve the evidence area including the lab and storage spaces • Renovate and expand current locker room inefficiencies • Provide new tactical space and vehicle storage • Provide additional space for the computer forensics program • Renovate detention area to provide additional storage and separation of juveniles • Expand and renovate office space to accommodate growth in patrol, administration, investigations, and increase the amount of meeting space Overall, the City of Eagan is looking for creative ideas and design solutions that improve and modernize the work environment for staff including new office workstations, updated finishes that bring more life and color into the building, as well as updated HVAC, lighting, and security. Our creative and expert team is prepared to assist you in the full range of opportunities this project presents, and I know that Wold can and will exceed all expectations for service and responsiveness. We encourage you to contact our references who will tell you that we are always there, bringing creative and innovative solutions to exceed their expectations for service. As you read through this response, you will not only see the depth of our experience, but also our passion for helping our clients be successful. We are excited to submit the following proposal and would welcome an opportunity to present to you our expertise, approach, and commitment to your success. Sincerely, Wold Architects and Engineers John McNamara Partner -in -Charge 2 PROPOSED PROJECT TEAM 2 I PROPOSED PROJECT TEAM PROPOSED TEAM 4RGA` IZATION REMODEL OF CITY HALL AND THE POLICE DEPARTMENT FACILITY about this team The proposed team that would work on implementing your project is the same team that worked with your neighbor, the City of Burnsville, on implementing their police and fire addition and renovation project. Because of their recent relevant experience on similar projects, this team is well aligned with your key objects to help you be successful. Our mechanical and electrical engineers are in-house to provide additional benefit to you during the design process. All of our consultants have long-standing relationships with Wold and would be included in our design fee, as well as any additional consultants we may find necessary to assist with key project issues. availability statement All team members are available to begin work on the project upon notification of our selection. Wold works diligently to manage our workload to the number of staff employed at any time. We understand that our workload needs to match our availability in order to provide our clients with exceptional service, quality, and experience. 10 Wold Architects and Engineers City ot8�au john m c n a m a ra I Partner -in -Charge j o e l dunning I Municipal Facility Planner michael klass Project Manager melissa stein Project Designer michelle klein Low Voltage Designer jonathan loose Lead Mechanical Engineer brad ley johannsen I Lead Electrical Engineer Plus over 200 dedicated professional & administrative team members. b kb m engineers I Structural Engineering anderson-johnson & assoc. I Civil Engineering & Landscape Design loeffler construction & consulting I Cost Estimating 3 COMPANY HISTORY 3 1 COMPANY HISTORY 1 LEAD FIRM PROFILE WOLD ARCHITECTS AND ENGINEERS services wold offers I Long -Range Planning, Strategic Facility Planning, Pre -Design Program & Verification, Space Adequacy Evaluation, Site & Facility Analysis, Interior Design & Space Planning, Architectural Design, Contract Documents, Security Analysis, Color & Material Selection, Sustainable Design, Mechanical & Electrical Engineering, Cost Estimating & Management, Quality Review, Bidding & Contract Review, Best Value Procurement, Comprehensive Construction Administration, Project Close Out & Archiving, Continuous Post - Occupancy Follow -Through, Utility Tracking & Analysis 12 Wold Architects and Engineers firm location 332 Minnesota Street, Suite W2000 St. Paul, MN 55101 t 651 227 7773 1 f 651 223 5646 www.woldae.com main contact John McNamara, AIA, LEED AP Partner -in -Charge c 612 382 7224 jmcnamaraCa woldae.com date founded 1 1968 legal status Corporation ownership Privately Owned office locations I Colorado, Illinois, Iowa, Minnesota about us With client service as a focus, we take a long-term posture of keeping our clients' interests as our goal. We believe our role is much more than just a facility designer. Because facility issues are ongoing, we offer our continuing support from initial space needs analysis, through design and construction project, continuing through post -occupancy. Our 200+ person, multi -disciplinary staff provides facility analysis, facility planning and programming, architectural design and specifications, mechanical and electrical design and specifications, space planning, interior design, cost estimating, and construction administration. staff counts NAT'L MN Registered Architects 45 35 Graduate Architects 86 72 Registered Engineers 6 5 Graduate Engineers 40 39 Interior Designers 8 8 Administrative Support 26 26 Total 215 185 4 1 GENERAL APPROACH CITY HALL OUR W\�DERSTANDING CHALLENGES & OPPORTUNITIES You are interested in hiring the services of a qualified architectural/engineering firm to develop solutions for an addition and remodeling of the Eagan City Hall and Police Facility. The city is looking for a "turnkey' approach and the selected firm would provide full services for design, construction drawings, specifications, and construction oversight for the work. Our review of the RFP and our visit to the facilities identified the following information and observations: potential challenges • City hall is at capacity for staff spaces. Any additional staff requires creative solutions to add work space. • Security in the public counter areas is a concern. There is no real barrier from the staff area and public area. The adjacent conference room has multiple doors that make it easy to bypass the counter area. • The workstations in the office areas are original to the building and modifications to them are difficult due to lack of parts. Additionally the taller panels make the open office areas feel tight and neither open nor inviting. There are no collaboration areas for lack of space. • The city is working on reducing the number of paper files, possibly providing space for other functions and a more flexible office environment. • The public lobby space lacks wayfinding for the public. The previous information/reception area is no longer used except during elections. Incorporate city history and display space to reflect the community. • Minor improvements are necessary for the City Council room as it relates to the media room and adjacent Wachter conference room. • The tour identified a need for better work space, storage, and space for the Eagan Historical Society to operate. • Secure file storage and election equipment storage is needed. 14 Wold Architects and Engineers opportunities we see • Design flexible and mobile modern offices, incorporating features that allow staff to work just about anywhere. Enhance security for both the public and staff by modernizing and potentially combining the service counters to create a singular point of service for the customer, thereby improving their experience in the city hall. The addition of smaller secure conference rooms would provide a more private setting that potentially aids in diffusing difficult conversations by giving them importance and privacy. • Emphasize access to daylighting and views to improve staff morale and productivity; creating view corridors, lowering and modernizing office furniture, and adding open collaborative space near the exterior walls are all opportunities to explore. • Improve ventilation, lighting, and finishes to create a more inviting office space that staff take pride in. 4 1 GENERAL APPROACH POLICE FACILITY OUR UNDERSTANDING CHALLENGES & OPPORTUNITIES S potential challenges • Constructed in 1995 as part of a major construction project, this facility was projected to meet the department's needs until 2015. • Most of the police vehicles park outside and are not protected from elements. These assets should be protected in a covered vehicle garage. • `The lobby could be improved to provide better security and separation of the release function from the detention area. • Officers today are required to use a lot more equipment than was anticipated when the building was constructed. The locker rooms are inadequate for modern operations. • The tactical response room is located between the locker rooms, which works well for male/female officers to change, but the current muster room is too small. • The computer forensic office/processing room is too small. • The evidence, processing, and storage spaces need to be modernized and expanded to keep up with the needs for this department. • The detention area could be modernized to align with current operations and potentially free up space for other functions. • Office space for staff is at capacity. Old storage rooms are being converted into office space and are inadequate. The administrative office space is cramped and work stations need to be improved. Additional meeting space is needed in investigations. • Updated staff support spaces such as breakroom, fitness, and storage are also necessary. opportunities we see • Reconfigure the space needed to accommodate the ever- changing technology required for modern officers to efficiently perform their required duties. This includes safe and secure vehicle parking that is in a conditioned space that protects the vehicles. This location should be proximate to the briefing and locker space to facilitate quick and efficient response. • Provide separation of public space from the release function of the detention area. The lobby should be open and friendly to the public that comes to the facility and should have private interview rooms to conduct business with the department. • Supply adequate and secure storage that limits access to only those individuals that have proper credentials. The process of handling and storing evidence needs to be deliberate and documented to reduce any liability and to preserve the chain of custody. • Furnish the department with larger, more modern lockers to handle the equipment that officers are required to use. • With any garage improvement, consideration should be given to the location of the tactical garage and muster space for officers. City of Eagan, Request for Proposals for Architectural Design Services 15 4 1 GENERAL APPROACH OUR PROCESS ACHIEVES THE BEST OPERATIONAL SOLUTION 16 Wold Architects and Engineers To achieve your goals, the following are processes which will center on our philosophy of focusing on your mission: a participatory planning & staff engagement process • Wold listens carefully • All interests have input and all options are explored • Achieve ownership of the outcome • The outcome is an effective facility that is highly functional and aesthetically pleasing program development • Begin with a firm confirmation of your previous efforts • Listen and work with you to establish project goals, objectives, and guiding principles • Explore options and develop solutions • The outcome is a solution that meets the established criteria and budget a design process • Designing for the City of Eagan's community vision • Designing for a high performance workplace utilizing sustainable approaches and operational efficiencies • Designing for a flexible and adaptable city hall and police facility a sustainable design process • In-house engineering expertise to lead you through systems life cycle discussions • Discussions regarding all of the metrics and outcomes to tailor a strategy to your needs a cost management process • Helps manage total project cost • Starts with our previous budgeting efforts and confirms building construction cost and all related costs for site and building fit -out • Proactive approach to cost management during all phases of design 4 1 GENERAL APPROACH A PARTICIPATORY PLANNING PROCESS ENSURING STAFF ENGAGEMENT OUR TEAM WILL PROVIDE YOU WITH THE NEEDED EXPERTISE, GUIDANCE, AND FACT -BASED INFORMATION TO HELP YOU THROUGH YOUR CITY HALL AND POLICE REMODEL PROJECT! When we begin any project, we always start with one simple question: What are your goals for your city? The answers to this simple question become the foundation for everything we do in our study, and guide our entire process. Our approach to collaboration—what we call our Participatory Planning Process—brings multiple stakeholders together to represent the views and beliefs of your entire community. We facilitate discussions to define criteria specific and relative to your goals for the study and build our approach upon these criteria. This group typically contains representatives of each department and city leadership. We team with your leadership and established committees, meeting with you regularly (on your schedule), listening to your needs, and designing solutions for the unique needs of your facility. From meeting to meeting, the planning group will be able to see evidence of how their input is directly impacting and modifying the plan to best meet the needs of your city. At the end of each phase, our solution is formally presented to the City Council for review and approval to ensure that the direction is meeting the city's goals. As each phase progresses we continue to meet with your staff to get down into the detail so the plan not only has their ownership, but also reflects priorities when difficult decisions need to be made. This is another critical step in making sure the facility solution meets your goals and needs, not ours. Our process is unique and seeks first to understand you. The plans and solutions we have developed for other clients will not simply be replicated for your city, since your needs and challenges are unique and deserve a fresh, unique approach. Your goals, expectations, and values will be reflected in the final reports and final solutions. We listen to what you say, and the outcomes will be rewarding and successful because of this benefit we bring to our clients. City of Eagan, Request far Proposals for Architectural Design Services 17 4 1 GENERAL APPROACH A PARTICIPATORY PLAN NI G PROCESS ENSURING STAFF ENGAGEMENT (CONTINUED) listening / ownership process Successful municipal facility planning extracts as much user - based input as possible, while at the same time stays within the city's philosophy and guidelines. Municipal planning is a delicate balance between end-user "wants" and administration and City Council's expectations. Issues of equity, durability, quality and maintainability must be safe -guarded at all times, yet the end-users expect a high level of functionality, flexibility, and individuality. The key is to develop ownership of decisions for all levels of the school's organization. Through Wold's guidance, the end-users understand clearly what to expect on move -in day. successful planning results in user pride and ownership Creating ownership can only be successful if the participants believe their issues are being heard and acted upon. Wold knows how to lead a group to consensus through careful listening, asking the right questions, and maintaining focus. 18 Wold Architects and Engineers Our client service approach to planning begins and ends with you and the City Council. An early workshop with all participants provides the guiding principles and input format for project success. A Core Planning Group, with decision- making abilities, becomes the backbone of the process. Option generation and recommendations are made to the Core Planning Group and the City Council. Since 1968, we have worked almost exclusively with public sector clients. We understand that public sector facilities have many stakeholders involved and we reach out to all of them when leading a design challenge, because each group introduces a different set of project expectations. Wold's planning process saves costly changes during construction. Our unified design approach with input from all stakeholders ensures a design that is embraced throughout the organization and throughout the community. 4 1 GENERAL APPROACH PROGRAM DEVELOPMENT program development The goal of the Wold team is to make the entire process of planning for public facilities predictable and enjoyable. Our approach includes a process for engaging the users and supervisors in an interactive process that produces a high level of ownership of the final solution. Preliminary and validation meetings assure that all needs are accurately defined and any policy issues are identified early on. The final program is crucial to the success of the facility design. The final outcome of this phase will be a one -of -a -kind solution for the City of Eagan and the greater community. Our user -specific product is a cut above traditional programming documents that often simply produce room data sheets. Our program documents are structured as "dialogue documents" illustrating the interface between organizational structures and the resulting space implications. The documents are clearly written and highlight the decision making criteria and process used to identify the key design issues. These provide a clear method for delivery of new facilities. This process answers these fundamental questions: • How big should the spaces be? • How much future expansion should be anticipated and when will it be needed? • How much future expansion should be built-in versus added later? • What are your goals for sustainability? • How will emerging technology impact infrastructure needs? • How will emerging management structures impact space needs? • How much should be budgeted for today.? For tomorrow? Our team brings significant experience and understanding from working on common and unique issues within other public agencies across the Midwest. Our method stresses time spent on-site conducting interviews and observing user needs. This process is the result of a clear understanding that the most important design criteria is always derived from the people that will eventually use the facility. While simple in concept, this assures that the right questions are asked and does not impose preconceived philosophies on the client. Since the average lifespan of any public facility in America is 40-50 years, serious planning efforts must seek to anticipate future growth and changes in how you deliver services. We bring our broad experience in municipal design to you and will assist you in assessing future growth by analyzing present and anticipated management goals, researching local demographics and assessing trends. City of Eagan, Request for Proposals for Architectural Design Services 19 4 1 GENERAL APPROACH A DESIGN PROCESS FOR CITY HALL FACILITIES Functional responses will start and end with listening to how the city currently operates and what would be the ideal way to operate. We understand the need to provide quality city services. Wold has a history of designing facilities to support state-of-the-art operational approaches where functionality is a high priority in achieving client goals. We will do this by: Planning your city hall to fit into your operational needs, overall city functions and mission. We listen to your goals and respond with design solutions. Challenging operational approaches to determine functional models for the City of Eagan at appropriate settings. Testing the design against operational models during a scenario development process so that no stone is left unturned, and the city receives a highly functional solution that meets your objectives. we believe city hall design begins with a similar mission: Supporting the city's customer service mission while enhancing staff interaction. With this as our focus, we can begin to design with function driving internal organization. City hall design typically follows one of two organizational models. One generates from a central focus, sometimes referred to as a central service counter design. The second follows a linear focus which is often referred to as a "Hub and Spoke" design. Clear customer orientation is critical in city hall design to avoid the "government runaround." The content below illustrates these two organizational models. central In the central service counter model, the public only has to find one counter to get services. The large open lobby provides circulation space for public functions such as the council chambers and provide overflow and gathering space for council meetings. Often flanking the service counter are smaller meeting rooms that are used for informal meetings with customers, contractors, or council members meeting with constituents. linear In the more linear "Hub & Spoke" design the "Hub" provides the entry focus and relationship to council chambers while the "Spokes" (corridors) provide the connection to large city departments. Critical to the linear design is clear orientation. Signage may play a role in effective orientation. Sub -lobbies connected to the "Spokes" (corridors) play a role in creating a node or focus for the department. 20 Wold Architects and Engineers t„ DEPARTMENTS Z entry ' < entry ' CL w DEPARTMENTS 20 Wold Architects and Engineers 4 1 GENERAL APPROACH A DESIGN PROCESS FOR POLICE FACILITIES Considering operational concerns from other police facilities, the following are potential objectives for your new facility: public access and orientation investigators and patrol functions may be • Provide clear orientation to a lobby for after hours public clustered for interaction contact 0 Conferencing and interview positioned with recording • Victim privacy should be carefully considered capability • Evidence processing and control with proximity to sally emergency services for flexible use and weather port protection 0 Patrol workstations with privacy • Construct to storm -proof standards • Consider positioning these conference -like spaces for potential community use secure perimeter • Secure administrative, investigative, patrol areas, holding and evidence • Secure property, firearms Secure vehicle storage functional interaction • Facilitate mission and enhance staff safety and security • Efficient adjacencies with privacy administrative services for public interactions and staff resources • User-friendly reception area for public, yet secure with good sight lines for staff • Provide conferencing off lobby for public interaction outside secure area, including community service room M interrogation: enhancing safety and security for staff and detainees • Secure perimeter, non obtrusive, good neighbor concern • Environment discourages acting out; providing security for the worst case • Maximize backup staff support: good sight lines, visibility • Appropriate spaces, materials • Full video tape capability durability for the test of time • Materials that can withstand 24 hour use • Flexibility in space definition • Abuse resistance appropriate to each area of the facility/ cleanable vehicle parking • Secure drive through, if possible • Squads and support vehicles • Maintenance/wash areas City of Eagan, Request for Proposals for Architectural Design Services 21 4 1 GENERAL APPROACH A DESIGN PROCESS CONTEXT AND INTEGRATION SECURE PARKING 22 Wold Architects and Engineers EXPLNSION OPPORTUNITIES l4TAII4TA.' F Our goal as designers is to establish a link with the people who view and enter the spaces that we design, while adhering to the existing context, function, geography and cultural environment. For example, police and fire facilities, city halls, and public works should speak of the city, local citizenry representation and services, reflecting the local culture and its values while eliciting pride, heritage, and respect. The opportunity to integrate the design with landscape and adjacent uses will be explored to again meet the client's overall mission and project objectives. The following are approaches: • Maintain a scale fitting of the existing building and surroundings • Incorporate common sense sustainable strategies that align with city goals • Integrate city design standards and guiding principles • Context -sensitive design • Integrating the design with landscape and adjacent uses 4 1 GENERAL APPROACH A SUSTAINABLE DESIGN PROCESS We encourage dialogue with our clients to elevate their understanding as it relates to their facility issues, and to understand their level of interest in applying various strategies. We know that the key principals of sustainable design can, and should to some degree, apply to all projects which we undertake. Wold believes that a solid design strategy automatically incorporates elements of sustainability, but we also believe that our clients' expectations are the primary goal on any of our projects. As architects practicing in a changing world and as our public clients support sustainability issues in their communities, Wold has developed an understanding and approach towards sustainable design. All facilities built need to reflect the best practices in sustainable design. As building technologies continue to advance we strive to research applicable resources that may be integrated into our designs. energy modeling An energy model establishes a common baseline to accurately model the energy performance and utility costs savings of each option. The model's system components are fine tuned to reflect actual consumption of electricity, natural gas, fuel oil and water. life cycle costs We quantify the cost of options over their useful life. The life cycle costs are useful to capture not only the first costs to construct and the energy costs to operate, but also to account for variations in periodic and regular maintenance, and finally replacement costs at the end of a systems useful life. cost estimates Useful Life Cycle data starts with accurate project cost estimates. All our work is in the public sector work. We understand that successful projects are within budget. Our three prong approach in monitoring construction trends, relying on industry experts and drawing on staff experience ensures accurate project budgeting. finding a balance In understanding sustainable goals it is important to understand that each choice you make as a client is based on a balance of three basic and often competing criteria: First Cost, Quality Environment, and Operating Costs. Emphasizing one of these criteria has an inverse effect upon each of the others. For example, minimizing first costs may lead to compromises that impact the quality of the environment in interior spaces, or even lead to higher operation costs than what would have been realized with additional first cost investments. Our approach will walk you through a number of different areas of focus to determine those goals and develop solutions for those specific choices. City of Eagan, Request for Proposals for Architectural Design Services 23 4 1 GENERAL APPROACH WOLD IN-HOUSE ENGINEERING COORDINATED & SUSTAINABLE HIGH PERFORMANCE DESIGN Wold believes that the key to success for a project is a coordinated effort between the architect and the mechanical and electrical engineering team. Therefore, we have developed in-house engineering to facilitate coordination and provide the highest quality service for our clients. Below is an overview of the expertise and services of our in-house engineers, and the benefits we see for our clients by providing engineering within our organization: expertise • Heating and ventilation systems • Boiler plant design • Chilled water plant design • Plumbing systems • Fire protection systems • Geothermal systems • Ice storage • Building automation systems • Power studies • Power distribution systems • Grounding and lightning protection systems • Emergency and back-up generator systems • PA/sound systems • Master clock and program systems • Voice and data systems • TV/video systems • Card access systems • Camera/video surveillance systems • Building security systems • Fire alarm systems • Lighting design 24 Wold Architects and Engineers services • LEED certification • Energy Star certification • Sustainable design • Facility analyses • Facility planning • Schematic design • Design development • Construction documents • Code/life safety upgrades • Energy analyses/rebate assistance • Construction administration • On-site observation • Commissioning • Post -occupancy evaluation • Project management benefits • Our LEED accredited architectural and engineering personnel have worked together on projects for over 50 regional public agencies • Improved communication between the architects, engineers, and all client stakeholders • Schedule, budgets, and overall performance are more informed and therefore more accurate and better - suited for the client • Tailored and well -coordinated contract drawings and specifications better reflect your needs • Cohesive integration of sustainable systems between architecture and engineering components 4 1 GENERAL APPROACH A COST MANAGEMENT PROCESS BUDGET MANAGEMENT experts Our reputation relies upon accurate cost estimation and budget management. Our successful methodology approaches budget management as an ongoing task. We believe that the first 20% of the decisions made affect 80% of overall cost. With public funding involved, we understand the importance of quality estimating from the beginning of the planning and programming phase in assuring cost control and project success when design and construction phases begin. Consulting cost estimators, trend analysis, and internal cost estimators ensure an effective cost benefit analysis starting at the study/pre-planning stage and continuing through all the project phases. The public sector clients we serve require this level of attention in order to effectively manage the public funds involved in the process. We maintain a long-term relationship with our consultant, Loeffler Cost Estimating, who runs detailed cost estimates on the proposed solutions to confirm budget accuracy. This data, coupled with Loef$er's knowledge of local costs, labor base, and other economic trends, will be used as a tool to make decisions, and to ensure your projects are within budget. KEEPING IN CLOSE CONTACT WITH THE CONSTRUCTION COMMUNITY HELPS US RESPOND TO ADJUST PROJECT ESTIMATES. IT IS OUR GOAL TO DESIGN PROJECTS TO MATCH THE BUDGET, GETTING THE CITY THE LARGEST WORK SCOPE THE BUDGET ALLOWS. trends We maintain a file of regional building projects that gets updated quarterly. We have the ability to average gross costs for each specification and relate that cost to a particular building type in the public sector market. staff Our staff will complete detailed material take -offs and cost estimates at intermittent phases. These estimates are checked against the regional trends. experts In addition to the estimates done by Loeffler, during the later stages of Design Development and Contract Documentation, we call on contractors and regional partners to check our numbers and verify costs. This final check assures us that the project is designed to meet the current market and adhere to budgets. We always strive to improve and learn from our bidding experiences. Factors include the often volatile nature of purchasing materials; for example, when the price of copper goes up, so too does electrical wiring and plumbing piping; as steel prices increase, structural steel, sprinkler and heating pipe, and sheet metal ductwork are all affected. Fluctuations in crude oil prices change pricing for construction heating, bituminous, and roofing. As a result of these moving parts, we are continually reviewing these trends, talking with contractors, and adjusting our numbers based on our most recently bid projects. City of Eagan, Request for Proposals for Architectural Design Services 25 4 1 GENERAL APPROACH TIMETABLE The Project Manager is responsible for managing the schedule. Wold will accomplish this by first working to establish a milestone schedule for the project. We will then develop a detailed Outcome Based Agenda for all meetings that we feel are needed to accomplish that milestone schedule. You'll find that we wodt meet just because there is a regular meeting scheduled on the calendar. We meet to make decisions and move projects forward. We will not conclude each meeting until the tasks on the agenda are accomplished. 2017 M J J A S O N D J A/E Selection & Approval Schematic Design Approval Design Development Approval Construction Documents Approval Building Construction Bid Award Construction Administration Occupancy 26 Wold Architects and Engineers As the project progresses, the Project Manager will monitor the performance and input of all participants to assure that information is available and distributed as required and that tasks are completed in a timely manner. The key to successful schedule management is the whole -hearted partnering of the entire project team. Wold staff and consultants have teamed on numerous past projects and have a proven record of serving and listening to clients and responding to their needs. 2018 2019 F M A M J J A S O N D J F M lfrj v" >�T2 -:.i.;_ i•��'TRICALo1i � MSLiTLET5 . PLA5TTC LAMIN .TE FOR t5LANP Ot 16 KgffiV��y • KIl.N ROOM NENTlL TCA4 ON A 5 SEPARATE SWrrCHW DEEP TALLfT TRIALALL GA56IORK KEYED TO GFE MA5J'�A+B�,�` SHEL AD3V5TABLE s4 -- Y.12'-0" PW AT FROHr OF ROOM tl' SFIELtTS Alm t1R1*� �%" _ TO Ur]LIZtV AS APAKS POR WET 5T�iP.AbE 9r ''"•5GR1�1 A5 P[iL SO,�YaH�,�Si / GOLNiH2 TO STORAGEI BLM-T'� "�� f` `•t —AGGOMMODATP /X� '!WARE �eloW�E(AUIPlI31T A QUALITY MANAGEMENT PROCESS Wold prepares every day for the quality of future projects. We do this by assigning each of Wold's associates to a specific, technical discipline whose issues they monitor. They draw information from their experience and from the master spec sections that they regularly update, and the most current information is then communicated to our project managers and staff via in-house training programs. All documentation for these disciplines is available to staff from our in-house resource center. During the review process at the end of each phase, every associate reviews the project from the standpoint of their technical expertise and signs off prior to issuing documents. This process further benefits our clients because of our in-house mechanical and electrical engineering staff, who are able to review and respond to the project's needs in a prompt manner. By drawing on the expertise of each member of the Wold team, your project's quality is assured by their careful and expert review. Wold knows that communication between all project participants is the most important key to a successful project. We make a point of involving user groups from the beginning. user -group input The user -input phase of the planning is vitally important because this is the time to obtain critical information necessary to coordinate room arrangements, equipment, furnishings and building services with the building. It is also an important opportunity to gain ownership of building users in two areas: ownership of the process and ultimately the layout of spaces in the building. The purpose is to obtain input (not decisions) on specific room arrangements, without affecting the overall building organization or building philosophy that was developed by the Core Planning Group. The value is that at move -in, building users "own the plan," resulting in fewer issues at move -in and happy clients. The team requires an Owner's representative or user agent as a liaison throughout the process to help address issues, answer questions, and be the communication link between the Wold team and to the Owner and users/staff. This single point of contact process is the best way to control information coming to the team and communication back to the City of Eagan. We are experts at designing public buildings but must respect the differences that exist in each community which ultimately make every building unique in design and functionality. Open- mindedness and listening are key to this process. Challenge users when needed but know when to back off and explain why you are challenging them. It is our job to help people think beyond where they are today because public buildings have to be flexible to last well beyond our life spans. City of Eagan, Request for Proposals for Architectural Design Services 27 GENERAL APPROACH CONSTRUCTION ADMINISTRATION A CONSISTENT TEAM FROM BEGINNING TO END w Our efforts during construction never begin with a hand-off to a construction observation person. The entire Wold team who was involved with the project's development remain on -duty when construction begins. This approach brings consistency and accountability when interpreting the design intent during implementation. construction coordination & administration • It is integral to the success of the project that the Owner and design team maintain a collaborative relationship during construction. Some of our involvement to resolve construction claims include: • Evaluating all claims to ensure the city receives fair value • Rejecting claims that are not supported by the construction documents • Modifying claim amounts to match fair value • Provide written responses on claims supporting the city's position • Adding deadlines on claim responses to force resolutions in a timely manner • Include language in the contract documents that lets the city determine the course for dispute resolution • Support the city with documentation to present in arbitration • Make recommendations on the strength of the city's position to determine which dispute resolution track should be taken change order philosophy A thorough understanding of the existing building conditions and a quality set of construction documents are the best defense against change orders. We are relentless when investigating the given conditions of your facilities to minimize the surprises. Once on site, a team -oriented approach with the construction trades creates an environment for developing no -cost solutions to unforeseen conditions. If legitimate revisions are required, we focus on ensuring that our client receives the added value at a fair price. We first review the submitted costs and then recommend acceptance, modification, or rejection depending on the validity of the costs before recommending a change order. Wold does not charge our clients to resolve their unexpected surprises as a benefit of our fixed fee approach. 28 Wold Architects and Engineers CO[STRUCTIOII DISRUPTION AVOIDA��,�`CE P LA I,,,J- 4 1 GENERAL APPROACH We understand that maintaining a working police department and city hall during construction is a central criteria for this project. The purpose of devel- oping a disruption avoidance plan is to have a detailed plan for the renovation and construction for police and city hall. It is Wold's intention to minimize interruptions to the day-to-day opera- tions of the facility for both staff and the public while construction is taking place. Furthermore, in the event of an emer- gency, this plan will serve as a vehicle in which critical decision can be made and information will be distributed. The plan will be developed by the Wold Team with information provided by the City of Eagan staff. The Wold Team will partner with the awarded contractor to deliver a safe environment for the visitors, staff and construction personnel that are present at your law and justice facility and site every day. It is around this core principal that we shape our construction process when working with you and your team. The success of a any disruption avoidance plan hinges on the education of individu- als responsible for program performance. A "mini" education seminar will be presented to construction personnel. This seminar would also include your proce- dures for utility shutdowns, work permits lock out/tag out, after hours work, and life safety controls interruption. Our work plan will encompass all facets of interim life safety and logical measures required for a hazard -free environment. All planning will be monitored and discussed at weekly coordination and progress meetings, ensuring all Engle- wood staff are informed of current and upcoming construction activities taking place in and around the building. As a matter of course, stand-alone planning meetings are held with key project team personnel to strategize approach and implementation of interim life safety and logistical measures. City of Eagan, Request for Proposals for Architectural Design Services 29 V Am 9. L 0 db Op IN FA 5 INTERNAL FACILITY DESIGN 5 1 INTERNAL FACILITY DESIGN A PARTICIPATORY PLANIVIN`G PROCESS STAFF ENGAGEMENT The Wold team believes that successful facilities are those that include a great deal of participation that engages building users, staff, and the community. Wold has developed a "Participatory Planning Process" to make this planning and programming effort come to life. Facility planning is an interactive process Each participant's specific needs and objectives must be understood and every attempt must be made to meet those needs and objectives. Wold specializes in facilitating this ongoing site-based team process. We understand how to bring groups together and gain consensus. core planning group The Core Planning Group consists of key decision makers who would work to evaluate design options using criteria established by the group, prior to recommendation to the City Council for approval. 32 Wold Architects and Engineers CITY STAFF CORE PLANNING GROUT' FACILITIES' OTHER STAKE- HOLDERS Among the issues that the Core Planning Group will decide when presented recommendations by the Wold team: • Project objectives • Needs list • Functional options guidelines for a successful participatory planning process Core Planning Group requests information from input givers; input givers' role is for input, not consensus decision The more efficient the Core Planning Group, the faster the project can develop We understand the importance of giving your departmental staff a voice in solutions while still maintaining the overall objectives and budget of the project. our unified planning & design approach ensures input from all stakeholders We meet with your stakeholders, on their schedules, to determine needs and desires for each individual space being planned, from room organization and orientation, down to the smallest details, like storage types, electrical outlet placement and door hardware. This input is clearly documented and distributed to all participants, then directly transmitted to the Core Planning Group's review. We will continue to ask questions to understand the functional and operational relationships of all of the city's departments. Working with the Core Planning Group, we will use this information to find the optimum organization of departments in the city hall and police department. WORKPLACE TRENDS safety and security An unfortunate byproduct of serving the community is that some collective decisions are not always popular. When people's emotional reactions get the best of them, it can put your Council, your staff, and the public at risk in your facility. So, what are the best ways to deter, prevent, and mitigate an incident? Beyond a visible presence of security at a single public point of entry, we can create "safe zones" at your public service counter and provide meeting space for staff and clients that are in a zone separated from your staff office space. We can design these spaces that provide easy exiting and access to panic alarms if a visit gets out of hand. A major trend in office design is to keep the public in public areas and staff in staff areas. While simple to adopt, it requires a mental shift from staff to understand the benefit of this approach. One of the key discussion topics will be about transparency and access for the public to elected officials. While having transparency is important, there are some easy solutions that will enhance the safety and security of your facility these include installing panic buttons for City Council and staff at key locations, installing bullet resistant material at the council desk and potentially at service counters, creating a second way out of all spaces, especially the council chambers, that allow the council and public to exit safely if needed, and adding more glazing to improve sight lines. Simple operational changes can also improve safety and security. These can include scenario planning, alerting systems and putting together a committee to continually evaluate safety systems. flexible work environments Technology has freed workers to work just about anywhere, causing organizations to reevaluate the role of the physical workplace. An emerging trend is to move away from dedicated offices and work spaces to more flexible and informal collaboration spaces. Some research tells us that in the corporate world, offices are unoccupied more than 75% of the time and 5 1 INTERNAL FACILITY DESIGN �sM�s - icy .p workstations are unoccupied 60% of the time. An additional trend is to provide smaller conference areas, both formal (walled) and informal (open) that allow collaboration of 3-4 persons. A few of our more forward thinking clients have embraced the idea of "landing pads" for their workers that are out of the office more than they are in the office and if they need an office for a phone conference or a meeting they can "checkout" a flexible office or conference room. remote working Going along with the trend of flexible work environments, many of our clients are embracing teleworking as a next logical step in the flexible work environment. We find that the early adopters are county human and social services organizations that have many employees that serve their clients in the community rather than in an office building. Improvements in technology and "hot docking" at any related county facility allows these teleworkers to drop in to print documents, finalize reports or meet with work groups or supervisors. Many of these drop in locations have technology that allows for video conferencing amongst various sites. shrinking workplaces Today's workplaces are dynamic and faced with pressures for improved productivity and performance—The complexity of variables that can be adjusted to help improve workplace productivity is dependent on the resources and composition of each entity and its management practices. Most of our organizations are adopting space standards that acknowledge that today's technology is smaller and more portable and many organizations are reducing or eliminating printed documents and converting to e -documents. The greatest impact is that at typical 8'x8' workstation can be reduced to a much smaller 7'x6' or even a 6'x6' workstation. This is a significant reduction on needed facility resources and can save millions of dollars in reducing the need for construction of new space. City of Eagan, Request for Proposals for Architectural Design Services 33 F ,� rr � 1 f':' '� w'fi t.',"71 M, }�. `ter '.k ♦ `„ +�'i '~ �:�°� 'Fa i�=r`,� �k'� .s,t 9 ""�n' !+ r '�"x-`bks T+�,.�; 3.�jkti<Zs',�+ '�t�''i �'` _'� � L I � 4xv� rS�L ♦ r r x e K��>z � :ia } ', ;. k t -r"� � j -i. '. � vi% vrt r? "r�r � {?.,r� ,. '�'+i it r ,,'�s'^ yf';Y's' ,yij" .r. �._..�'.^ _ -. _ ... .. R :a'~.-` . e'' t .iu ��. _ r � "'%: Z ` � +.'i � �*#�� !k� Y e �L +,,, Y"jR' . ,,x'i`• PROJECT EXPERIENCE 6 1 PROJECT EXPERIENCE PREVIOUS EXPERIENCE a team committed to your success in the long term As demonstrated by the matrix below, Wold has assembled a team for the City of Eagan that has worked together many times and, more importantly, on the projects that are most relevant to your request for proposal for the remodel of city hall and the police department facility. The following pages provide additional information on the projects highlighted in the matrix. 36 Wold Architects and Engineers L � M O .� N H N C d 01 N O C y N E 3 Y v�f f0 O U M E -i;u Mm (D r — O s °, E E c G M L city of burnsville police & city hall addition & renovation ✓ ✓ ✓ ✓ ✓ city of brooklyn park police department addition & renovation ✓ ✓ ✓ ✓ ✓ ✓ city of cottage grove public safety & city hall ✓ ✓ ✓ ✓ ✓ city of richfield public safety & city hall ✓ ✓ ✓ ✓ ✓ ✓ city of prior lake city hall & police station ✓ ✓ ✓ city of farmington city hall & police ✓ ✓ ✓ ✓ city of lakeville police station ✓ ✓ ✓ ✓ city of alexandria police department ✓ ✓ 36 Wold Architects and Engineers imp Am 40. lit1 6 1 PROJECT EXPERIENCE JAIL FNTRY 38 Wold Architects and Engineers CITY OF BURNSVILLE POLICE & CITY HALL ADDITION & REOVATIO BURNSVILLE, MN references Dana Hardie, Administrative Services Director 952 895 4465 Eric Gieseke, Police Chief 952 895 4605 6 1 PROJECT EXPERIENCE After completing their recent space needs assessment, Wold began to design and implement the first phase of an addition and renovation project for the City of Burnsville, including their city hall and police department. The City of Burnsville hired Wold Architects and Engineers to perform a comprehensive space needs assessment of city facilities to identify inefficiencies in space usage and long term maintenance needs for each facility. The facilities studied included: • Police department • City hall • Fire stations I & 2 • Maintenance facility The first phase of implementing the Burnsville Space Needs Assessment focuses on improvements to the police department to address their space deficiencies, which included organization of the space, evidence processing, and storage of critical police vehicles. In addition to the police department, the first phase of renovation to city hall addresses space needs in meeting space, handicap accessible restrooms, and a community meeting space.. City of Eagan, Request for Proposals for Architectural Design Services 39 6 1 PROJECT EXPERIENCE owl 7..e , - - - IMp Aj 40 Wold Architects and Engineers b 1 PROJECT EXPERIENCE BROOKLYN PARK POLICE [bold Architects and Engineers was hired by the City of Brooklyn DEPARTMENT ADDITIONS Park to confirm space needs for the police department and to develop & RENOVATIONS organizational concepts that improved overall operations. BROOKLYN PARK, MN Throughout the project, Wold addressed the following deficiencies in: • Covered vehicle storage • Locker rooms • Conference/interview space • Office space for administration/ investigations and patrol • Briefing room • Secure detention sally port The City Council approved the overall solution and agreed that this addition and renovation would address the long term needs of the department. Construction began in the fall of 2014 and the final phase was completed in November of 2015. references Craig Enevoldsen, Police Chief 763 493 8308 City of Eagan, Request far Proposals for Architectural Design Services 41 b 1 PROJECT EXPERIENCE 42 Wold Architects and Engineers CITY OF COTTAGE GROVE PUBLIC SAFETY AND CITY HALL COTTAGE GROVE, MN references Craig Woolery, Public Safety Director 651 458 2822 Robin Roland, Finance Director 651 458 2832 6 1 PROJECT EXPERIENCE The updated space needs assessment resulted in the decision to design a new public safety city hall facility located on a site adjacent to the Washington County South Service Center in the southern portion of the city. Wold master planned not only the public safety and city hall, but also a future community center, library, and fire station. The first step in the design process was to develop Guiding Principles for the facility and to take the conceptual space study and reconfirm operational goals and future growth projections for departments. From this confirmation of the space needs, a detailed space program was developed and approved by the City. These Guiding Principles included: • Interaction and collaboration • Pride, stability and success of the City • Plan for a vibrant civic campus and to have a community gathering space accessing Ravine Park • The building should be open and publicly welcoming, yet safe • Use common sense, sustainable approaches • The building should be transparent, functional, adaptable, durable and a great place to work City of Eagan, Request for Proposals for Architectural Design Services 43 6 1 PROJECT EXPERIENCE CITY OF RICHFIELD CITY HALL & PUBLIC SAFETY RICHFIELD, MN references Steve Devich, City Manager 612 861 9702 Jay Henthorne, Chief of Police 612 861 9828 44 Wold Architects and Engineers Wold worked with the City of Richfield to complete a preliminary program and schematic design for a new fire station, police station, and city hall. The new facility was master planned on the existing site, with the existing fire station, city hall, and police department remaining operational through completion. The adjacent neighborhood is residential in character and the site is located along the busy Portland Avenue corridor. Segregation of staff, police, fire, and visitor traffic and parking was given specific attention to ensure safe and efficient vehicular egress. Another emphasis of this project was the synthesis of municipal functions within the park district amenities which share the balance of the site. 6 1 PROJECT EXPERIENCE CITY OF LAKEVILLE POLICE STATION LAKEVILLE, MN references Tim Knutson, Lieutenant 952 891 7171 Faced with nearly 5% population annualgrowth, the City of Lakeville hired Wold to conduct a space needs analysis of the police department to determine appropriate responses to their impending police staffing and service needs. Wold provided the city with: • Space needs/utilization study • Projected department space needs • Developed options for the city • Feasibility and cost analysis of expansion and remodeling vs. new facility Wold provided the city with full build- out and phased build -out cost estimates as well as site and parking analyses for each option. The city opted to build a new facility on a new site. Wold is now working with the City of Lakeville to repurpose the former police facility into the Heritage Center— housing a senior center, historical society and Yellow Ribbon Center for the city. City of Eagan, Request for Proposals for Architectural Design Services 45 6 1 PROJECT EXPERIENCE CITY OF PRIOR LAKE POLICE STATION & CITY HALL PRIOR LAKE, MN references Frank Boyles, City Administrator 952 447 9801 Bill O'Rourke, Retired Police Chief 952 917 9308 46 Wold Architects and Engineers Me City of Prior Lake hired Wold to complete both a new police station and an adjacent city half The design of the facilities emphasize the characteristics of Prior Lake that make it unique: its expansive lake, recently updated downtown and developed streetscape, and beautiful, accessible lake front park. Wold and the City of Prior Lake completed a planning and design process that identified the appropriate elements and design features that would allow the city hall and police station to define and emphasize the city's key characteristics. 6 1 PROJECT EXPERIENCE 10i0fFARMINGTON p01.(CE V000— — I& M CITY OF FARM I ill G T O '�' CITY HALL & POLICE S TAT I O N FARMINGTON, MN references Dave McKnight, City Administrator 651 280 6801 After ongoing dialogues with the City of Farmington to understand its needs, Wold helped the city to develop options for a north municipal campus. city hall Wold designed this 36,000 -square -foot facility to reflect the character of their downtown and maintain the existing store front architecture of the rest of the municipal campus. The city hall establishes a new focus for the south end of the main street. police station The Farmington Police Station is sited to emphasize its importance to the community, accessible from both adjacent highways. It is designed with transparency toward the public entrances and is comprised of three sections that are divided by functions: public, semi-public, and private. City of Eagan, Request for Proposals for Architectural Design Services 47 6 1 PROJECT EXPERIENCE CITY OF ALEXANDRIA POLICE DEPARTME WT ALEXANDRIA, MN references Rick Wyffels, Police Chief 320 763 6631 48 Wold Architects and Engineers In partnership with Ringdabl Architects, Wold determined the space needs and subsequent design for a new modern police station in the City of Alexandria. The City of Alexandria needed a facility that accommodated additional space for administration, records, offices for investigations, patrol, evidence processing, and squad parking. The design of the facility is a modern design that reflects the local community, with the ability to be flexible and adaptive to meet future changes in the department. The design also takes advantage of the proximity to the lake and downtown community. While designing for sustainability wasn't specifically a project goal, the orientation and features incorporate daylighting into the project. 7 RESUMES 7 1 RESUMES PARTNER -IN -CHARGE JOHN MCNAMARA, AIA, LEED AP university of minnesota Bachelor of Architecture university of california BS,Architecture As Partner -in -Charge, John is responsible for governmental facility planning and design projects. He has great experience in new facility planning. John has special expertise in working with municipal clients to understand their needs for operational objectives while navigating the political environment for municipal facilities, ensuring expectations are met. John brings more than 21 years of experience designing public facilities with Wold, and he will provide excellent leadership and professional service through his energy and passion for your success. 50 Wold Architects and Engineers city of alexandria New Police Station city of Brooklyn park Police Station Master Plan Police Station Addition/Remodel Fire Station Master Plan city of Burnsville Police/Fire/City Hall Space Needs Assessment Police and City Hall Addition/ Renovation city of cottage grove Public Safety/City Hall Facilities Fire Station Master Plan Central Fire Station city of faribault New Police Station New Fire Station Study Fire Station Renovation city of farmington Campus Master Plan City Hall Police Station Fire Station No. 2 city of hutchinson Hutchinson Area Transportation Service City Hall Community Event Center City Hall, Police, and Fire Master Plan city of lakeville Police Department Space Needs Analysis New Police Station city of minnetonka Public Safety Facility Study city of new ulm City Hall Remodeling city of owatonna Historic Fire Station city of prior lake New Police Station New City Hall city of richfield City Hall/Public Safety Facility city of stillwater Police Station Master Plan city of st. paul Police Headquarters Renovation city of woodstock Public Works Facility carlton county Law Enforcement and Human Services Study MUh)ICIPAL FACILITY PLANNER JOEL DUNNING, AIA, LEED AP ball state university, muncie, IN Bachelor of Architecture ball state university, muncie, IN BS, Environmental Design In his role as Municipal Facility Planner, Joel will utilize his expertise to translate the goals and objectives into a highly functional and operational -based facility. He brings more than 20 years of municipal facility design experience to the table and will leverage that knowledge to bring the City of Eagan the most current trends in operational -based facility design. 7 1 RESUMES city of alexandria New Police Station city of brooklyn park Police Station Master Plan Police Station Addition/Remodel Fire Station Master Plan city of Burnsville Police/Fire/City Hall Space Needs Assessment city of cottage grove Public Safety/City Hall Facilities city of faribault New Police Station New Fire Station Police Department Study city of farmington Public Works City Hall Police Station Fire Station No. 2 city of fridley Council Chambers Upgrades city of lakeville Police Station city of minneapolis Emergency Operations Training Facility city of new hope Police/City Hall Needs Assessment New Police and City Hall city of prior lake New Police Station New City Hall city of richfield City Hall Police Station Fire Station city of sauk rapids New City Hall New Police Department city of stillwater Police Station Master Plan anoka county Physical Condition Assessment chippewa county Branch 3 Courtroom Commissioner Room crow wing county Master Plan and Space Study New Jail New Judicial Center LEC Remodeling Historic Courthouse Remodeling Law Enforcement Center Pre -Design City of Eagan, Request for Proposals for Architectural Design Services 51 7 1 RESUMES PROJECT MAS AGER MICHAEL KLASS, LEED AP university of minnesota I BA,Architecture Michael brings 30 years of experience to the team. His trained viewpoint ensures a comprehensive approach to project management. As a highly experienced Project Manager for Wold, Michael is responsible for the daily management of team resources to provide you a quality project on time and on budget. Michael has a special passion for helping our clients navigate complex, phased -construction projects and working collaboratively with you and the contractor to provide a quality project experience. 52 Wold Architects and Engineers carver county Law Enforcement Center city of brooklyn park Fire Station Master Plan Operations and Maintenance Addition and Renovation Police Station Remodel city of Burnsville Space Needs Assessment Police and Fire Station Remodel city of cottage grove Space Needs Assessment New Public Safety / City Hall city of prior lake New Central Fire Station New City Hall New Police Station city of richfield Community Center Upgrades Ice Arena Locker Room Addition Municipal Liquor Store Renovation New City Hall New Fire Station New Police Station dakota county Administration Addition / Renovations Law Enforcement Center lakeville schools Century Junior High School Eagle Ridge Junior High School mcleod county Jail Addition and Renovation prior lake schools Hidden Oaks MS Renovation Prior Lake High School Classroom Addition Prior Lake HS Furnishings for Classroom Additions Twin Oaks MS Renovation ramsey county Courthouse / St. Paul City Hall robbinsdale schools Area Learning Campus Resource Center winona county Law Enforcement Center Remodel winona schools District -wide Facility Analysis Winona Middle School Furnishing Package for Winona MS yellow medicine county New Justice Center 7 1 RESUMES PROJECT DESIGNER MELISSA STEIN north dakota state university BS, Environ. Design north dakota state university MA, Architecture Melissa will lead our architectural team as they develop the designs for the project. She has a great depth of experience in facility design and interior workplace layouts and will be a great asset to your project team. Melissa will work with you to accomplish technical, functional, and aesthetic objectives for new municipal facilities. As a resident of the City of Eagan, she looks forward to the opportunity to work for her home city. city of burnsville I Police and City Hall Addition and Renovation. city of minnetonka I Public Safety Study. city of brooklyn park I Renovations and Additions of the Police Headquarters. City Hall Master Plan. Zanewood Community Center. city of st. pau I I New Public Safety Training Facility for the St. Paul Police Department 2. LOW VOLTAGE DESIGNER MICHELLE KLEIN, RCDD, WD mankato technical college I Computer Programming Michelle has been involved in telecommunications and datacomm for over 25 years. She worked as a network systems administrator for five years and spent eight years working in numerous technical roles, including WAN, voice, and data systems administration. Michelle has over 10 years' experience specializing in structured cabling design for low voltage systems and voice and data systems design. city of burnsvi I le Police and City Hall Addition and Renovation. city of hastings WAN Alternatives Analysis. Data Network Systems Design. PBX/IP Telephony Design. belvidere, IL I Structured Cabling Systems Design. minneapolis public schools I Structured Cabling Systems Design. Classroom Video Systems. Assessment Lab Analysis. City of Eagan, Request far Proposals for Architectural Design Services 53 7 1 RESUMES IVIECHAr�,,"'ICAL LEAD JONATHAN LOOSE, PE, LEED AP valparaiso university I BS, Mechanical Engineering Jonathan offers a systems coordination viewpoint to the planning and implementation phases. He will develop and manage a detailed schedule of progress milestones and track when critical decisions are necessary. Jonathan's leadership promotes a balance of common sense engineering with effective space planning and potential costs. city of burnsville I Police and City Hall Renovation. dakota county Northern Service Center. ramsey county New 911 Facility. 911 Facility Needs Assessment. Scott county I Courthouse Remodel. Government Center Remodel. Government Center Boiler Upgrades. Jail and LEC Analysis. Jail and Annex Demolition. yellow medicine county I New Justice Facility. 54 Wold Architects and Engineers ELECTRICAL LEAD BRADLEY JOHANNSEN, PE, LEED AP university of iowa I BS, Electrical Engineering Bradley will work with the City of Eagan throughout the design process. He ensures quality through all phases of construction and guarantees uninterrupted service delivery for the life of the facility through efficient and reliable power systems. Bradley's experience in the public sector gives him a deep understanding of the high level expectations of sustainable and seamless electrical systems. city of burnsville I Space Needs Assessment. Police and City Hall Renovation city of minneapolis I Emergency Operations Training Facility. Facility Emergency Generator. city of new u I m City Hall Remodel. Public Utilities. city of Waseca Federal Bureau of Prisons Facility. Mcleod county Courthouse Facility. SUB -CONSULTANTS FIRM SUMMARIES & RESUMES s' i 7 1 RESUMES BKBM ENGINEERS KATIE RUSSELL, PE, STRUCTURAL ENGINEERING BKBM Engineers is a multi -discipline, professional engineering firm committed to excellence in design, on -schedule project completion, and exceeding customer expectations. BKBM earned a national reputation for innovative design solutions and proactive project management. Their expertise includes structural, civil, restoration, and industrial engineering, and have served on 95% of Wold's projects for structural engineering in Invan"W-MMMM the last 25 years. Katie Russell has extensive experience in structural design of reinforced concrete, post -tensioned concrete, structural steel. light -gauge steel, masonry, and wood structures. ANDERSON -JOHNSON ASSOCIATES DAVE REY, PE, CIVIL ENGINEERING Anderson -Johnson Associates has extensive experience in a variety of civil engineering activities for numerous public and private clients. Through Wold's long-standing association with Anderson -Johnson Associates, the company provides civil engineering, site work, and landscape architectural services for 90% of Wold's projects. Dave Rey has been practicing civil engineering in Minnesota since 1994. Dave is responsible for the development of construction documents, technical specifications, and w, l construction administration. Dave is proficient at complex site �V design including grading and drainage plans, traffic flow and routing, infrastructure design, and pedestrian circulation. LOEFFLER CONSTRUCTION & CONSULTING DOUG LOEFFLER, COST ESTIMATING As President and co-owner of Loeffler Construction & Consulting, Doug Loeffler leads and delivers our pre - construction and construction services. Doug's integrity and passion for quality construction are second to none and serve as the cornerstone to what the company was built around. With over 25 years of commercial construction experience, Wold relies on him even when a CM is contractually responsible for cost estimating. Doug remains in our projects from start to finish, adding a crucial balance ensuring that creative design solutions remain within the client's budget. With decades of successful projects completed, his passion guides each and every project to exceed expectations. City of Eagan, Request for Proposals for Architectural Design Services 55 WD& W k goo jai Mumma mum' ow 8 REFERENCES 8 1 REFERENCES REFERENCES city of brooklyn park Police Addition and Renovation Craig Enevoldsen, Police Chief 763 493 8308 city of burnsville Police and City Hall Addition and Remodel Eric Gieseke, Police Chief 952 895 4465 Dana Hardie, Administrative Services Director 952 895 4465 city of cottage grove Public Safety and City Hall Craig Woolery, Public Safety Director 651 458 2822 Robin Roland, Finance Director 651 458 2832 I city of minnetonka Police and Fire Addition and Renovation Brian Wagstrom, Public Works Director 952 988 8403 Geralyn Barone, City Manager 952 939 8403 city of richfield City Hall, Police, and Fire Steve Devich, City Manager 612 861 8200 Jay Henthorne, Chief of Police 612 861 9828 "AFTER WORKING WITH MANY FIRMS, I REALIZED THAT WOLD IS DIFFERENT. OTHER FIRMS ARE THERE FOR THE PROJECT, WOLD IS JUST THERE." tom burrows, capital planning and project management dakota county 58 Wold Architects and Engineers 9 1 ADDITIONAL INFORMATION COMMUNICATIONS & PUBLIC ENGAGEMENT Because public facilities are funded by tax dollars, it is our responsibility to ensure that those taxes are being used efficiently and responsibly. We understand the need to communicate with all stakeholders, from the City Council to administration, staff, and the community. A great deal of our process as public architects involves input from stakeholders that will affect project outcomes. In addition, with a high-profile municipal project such as yours, we recommend a deliberate and thoughtful approach to public relations. We work hard to make certain our team is collaborating with you to give you all the tools and information you need to communicate with the public, ensuring ownership in your project outcomes as well as transparency with your stakeholders. Wold's breadth of experience in exactly these kinds of projects means we can help you understand the implications of your decisions long before they are implemented. We will work with all levels of the city to ensure all voices are heard, and that information is communicated back about the projects. public engagement components • City Council updates • Public community meetings • Digital media (web, social media, online interviews) • Press releases stakeholders to consider in information campaigns • Staff • Administration • Chamber of Commerce • City of Eagan As part of our basic services, Wold will include support of public engagement for the project. We will work with in-house staff and administration to develop and communicate messages for all stakeholders and attendance at public meetings and open houses. Our intent is that the experts with the most experience in this kind of project will help you create the transparency you need to succeed. 60 Wold Architects and Engineers w�l�'wel Jcgt� 34 a�~�uk. I ear.. 9 1 ADDITIONAL INFORMATION BEST VALUE PROCUREMENT & FURNITURE SELECTION PROCESS best value procurement process If the City of Eagan is interested in a contractor selection process that includes qualifications, Best Value Procurement is a process allowed by the Minnesota State Statue whereby state agencies, counties, and municipalities can select their contractor through an evaluation process similar to how you are selecting your architectural firm. Working with your committee process, EDA, and City Council, we would help you develop a set of criteria including cost, project plan and approach, project challenges and solutions, value added ideas, and the contractor and team experience. We have current relevant experience working with the City of Cottage Grove, the State of Minnesota, the University of Minnesota, Carver County, Carlton County, and Hennepin County participating in and developing Best Value Procurement criteria that ultimately created a construction process that was collaborative, minimized construction changes, and resulted in highly successful outcomes. furniture selection/procurement We believe the best design solution requires careful planning and design of the furniture and equipment that go into the building. To this end, we will work with you on the goals and objectives for the furniture that goes into each space. We will also facilitate discussions on strategies for reuse of existing furniture and equipment as well as where new equipment is needed. This effort will take place during design to ensure the detail of what goes into each office area is properly coordinated prior to completion of the construction drawings. This work is included in our fee proposal at no additional charge. We also offer complete design and procurement services for the actual bidding and purchasing of the furniture, signage, and blinds that will be needed in your facility. We will use the information gathered during the design process as a starting point. City of Eagan, Request for Proposals far Architectural Design Services 61 9 1 ADDITIONAL INFORMATION WHY WOLD? We greatly appreciate the opportunity to present our firm, our beliefs, and our process for your consideration. everything we do focuses on listening to you to achieve your long-term goals We have no preconceived agenda for what we think your project should be. We believe our job is to ask the right questions to understand all of your needs, and bring innovative solutions to solve those challenges. No other firm has as many tools and processes focused specifically on gaining feedback and input to guarantee your involvement and ownership at every stage of the process. Our services are not limited to a set number of meetings or hours for a given phase or task. They are full service and inclusive of anything necessary to make the project a successful experience for you. our approach considers the big picture We understand the importance of the decisions we make today and how they will impact future changes. Our process focus on asking questions not just for today, but for the future as well. The solutions we develop together need to adapt to future opportunities and be flexible enough to change without major facility upgrades. We work with dozens of public sector clients to give you greater insight on how others are handling similar situations and to inform your decision making process. our focus on building relationships gives us a different motivation When we develop a new relationship, we expect it to last for many years to come. With this in mind, we take a more cautious approach in considering the implications of every step we take and its impact on your community and future stake holders. We don't disappear when the project is over. We intend to be around long after the project is over to help with any on-going issues, future planning initiatives, or facility questions—whatever you might need. WE ARE EXCITED ABOUT THIS OPPORTUNITY. OUR GOAL IS FOR YOU TO BE SUCCESSFUL! 62 Wold Architects and Engineers 10 PROPOSAL FEE 10 1 PROPOSAL FEE PEE PROPOSAL FIXED FEE AND SAMPLE CALCULATION Wold proposes establishing a fixed fee at the project onset. We provide a comprehensive package of professional design and management services for each of our clients. All engineering and consultant services are provided in our fee. We believe that by establishing a fixed fee for each project, based on an agreed construction cost, this eliminates the potentially negative dialog that often happens regarding extra services. Our basic services contract with you goes well beyond what some other architectural firms would provide. Our commitment to you is to agree on a fixed fee and not request additional fees unless the scope of the project changes significantly. We value the previous work completed with the original space needs analysis and expect that this will reduce the effort that will be needed to confirm the program, allowing us to hit the ground running. We would be happy to negotiate a reduction in our fee that reflects your past efforts. The RFP has established the total project budget not to exceed $10,000,000. We consistently propose fixed fees based on a percentage of the approved construction cost and for projects that include both renovation and additions, our proposed fixed fee would be 7.5% of the construction cost. We do not charge fees on project soft costs, which include fees, testing, furniture, and equipment, and contingencies. We would usually allocate 30% of the total project cost for these soft costs. For example, we would reduce your total project budget by 30% to arrive at an approximate construction cost of $7,700,000. Below would be an example of how we would arrive at a fixed fee. We would enjoy a discussion with you on our assumptions, a credit for past efforts, and our fee percentage to arrive at a mutually agreeable fee for this project. sample fixed fee calculation CONSTRUCTION COST FULL-SERVICE FEE RATE FULL SERVICE FEE CREDIT FOR PREVIOUS EFFORTS FIXED FEE FOR A/E SERVICES* $7,700,000 x 7.5% $577,500 — $15,000 $562,500 *fee includes the following: architectural, structural, civil, mechanical, electrical, and landscape design services reimbursable expenses Customary reimbursable expenses would be in addition to our fixed fee proposal and typically run between $3,000 and $4,000 per million in construction for projects like this. Customary reimbursable expenses include: • Mileage in connection with the work • Printing and copying • Phone charges • Postage and mailing • Reprographics (work bid set) These customary reimbursable expenses would be billed at cost without mark-up. Bid set printing is not included as a reimbursable expense, but would be directly billed to you to allow you to save on sales tax or provided by your construction manager. 64 Wold Architects and Engineers minnesota I illinois I colorado I iowa Document 6101" - 2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Second day of May in the year Two Thousand and Seventeen (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: BETWEEN the Architect's client identified as the Owner: The author of this document has (Name, legal status, address and other information) added information needed for Hscompletion. The author may also City of Eagan have revised the text of the original 3830 Pilot Knob Road AIA standard form. An Additions and Eagan,Minnesota 55122 Deletions Report that notes added Information as well as revisions to the standard form text Is available from the author and should be reviewed. A vertical line in the left and the Architect: margin of this document indicates (Name, legal status, address and other information) where the author has added necessary Information and where Wold Architects and Engineers the author has added to or deleted 332 Minnesota Street Suite W2000 from the original AIA taxi. Saint Paul, Minnesota 55101 This document has important legal Telephone Number: 651-227-7773 consequences. Consultation with an Fax Number: 651-223-5646 attorney is encouraged with respect to its eompletlon or modification. for the following Project: (Name, location and detailed description) Basic Contract Agreement for. City Hall and Police Department Facility Remodel and Additions 3830 Pilot Knob Road Eagan, Minnesota 55122 The Owner and Architect agree as follows. AIA Document 8101 TM — 2007 (formerly B11511e —1997). Copydght O 1974, 19713, 1987,1997 and 2007 by The American Institute of Archil ecls. All rights Init. reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 1 under the law. This document was produced by AIA software at 15:45:21 on 04!28/2017 under Order No.7941928438 which expires on 01/091201 B. and is not for resale. User Notes: (1865698472) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES B CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A, Initial Information: (Complete ExhibitA, Initial Information, and incorporate it into the Agreement at Section 13.2 or state below Initial Information such as details of the Project's site and program, Owner's contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Work authorized representatives, anticipated procurement method, and other information relevant to the Project.) § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: To be determined and agreed upon with Owner. .2 Substantial Completion date: To be determined and agreed upon with Owner. § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. AIA Document 8707 41 —2007 (formerly 8157" —1987). Copyright®1974,1978,1987, 1997 and 2007 by The American Instilute of Architects. All rights In(t• reserved WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 1 under the law. This document was produced by AIA software at 15:45:21 on 0412612017 under Order No.7941928438 which expires an 01/0912018, and Is not W resale. User Nates: (1865638472) § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, If any.) .t General Liability $1,000,000 per claiml$2,000,000 aggregate .2 Automobile Liability $1,000,000 per occurrence .3 Workers' Compensation Statutory A Professional Liability $1,000,000 per claim/$2,000,000 aggregate .5 Umbrella Liability $2,000,000 per claim/$2,000,000 aggregate ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services, civil engineer, cost estimating, landscaping consultant will be hired by Architect as services are required as part of Basic Services.. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as agreed upon by the Owner. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project..Once AIA Document B101 m — 2007 (formerly 8151 " —1997). Copyright ®1974.1978, 1987, 1997 and 2007 by The American Institute of Arch. All rights Init. reserved. WARNING: This MAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 1 under the law. This document was produced by AIA software at 15:45:21 on 04/26/2017 under Order No.7941928438 which expires on 0110912018, end is not far resale. User Notes: (1865638472) approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches if requested by Owner. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider, if requested by the Owner, environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare AIA Document B101— — 2007 (formerly 5161m —19971. Copyright ®1974, 1978,1987,1997 and 2007 by The American Institute of Architects. All rights Int! reserved. WARNING. This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AUts Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 1 under the law. This document was produced by AIA software at 15:45:21 on 04128!2017 under Order No.7941928438 which expires on 0110412018, and is not for resale. User Notes; (1885638472) Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 3.3.3 The Architect shall submit the Design Development documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor, and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. The Architect shall after consultation with the Owner be primarily responsible for the preparation of the necessary bidding information and bidding forms. The Architect shall also assist the owner in the preparation of the General Conditions of the Contract for Construction, and form of agreement between the Owner and Contractor. All bidding documents and contractual agreements shall be in compliance with the requirements of Minnesota's public bidding and contracting law as those laws apply to public entities. § 3.4.6 The Architect shall work with the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. The Architect shall have the primary responsibility to complete the required documents and ensure that they are properly filed on behalf of the Owner. The Architect shall observe those applicable laws, statues, ordinances, codes, rules and regulations in force and publically announced as of the date of this agreement or as of the date of subsequent compensation amendments whichever is the latter. § 3A.7 Owner understands that relatively few guidelines are available with respect to compliance with Americans with Disabilities Act (ADA). Architect is aware of developments in this field, including ADA guidelines that are incorporated in the building code, and legal decisions, but cannot guarantee or warrant that Architect's opinion of appropriate compliance measures will be found valid. AIA Document 8101- —2007 (formerly H151- —1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights tntL reserved. WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 1 under the law. This document was produced by AIA software at 15:45:21 on D412612017 under Order No.7941928438 which expires on 01/091201 B. and is not for resale. User Notes: (1865638472) § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre-bid conference for prospective bidders, if requested by Owner; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 NEGOTIATED PROPOSALS § 3.5,3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3,2 The Architect shall assist the Owner in obtaining proposals by .1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; and .3 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.5.3.4 In the event the Iowest bid (or bids) exceeds the budget for the Project, the Architect, in consultation with and at the direction of the Owner, shall provide such modifications in the Contract Documents as necessary to bring the cost of the Project within the budget, unless Owner directs the Architect to bid a project estimated over budget. § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A2017h-2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. AIA Document 11370" —2007 ]formerly, 8151- —1997). Copyright®1974, 1978.1987,1997 and 2007 by The American Institute of Architects. All rights [nit. rsaarwd WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion or it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:45:21 on 04/28/2017 under Order No.7941928438 which expires on 0110912018, and is not for resale. User Notes: (1885838472) § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates At the end of the two year contractor's construction warranty period. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2A Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of die Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. AIA Document 8101- -2007 (formerly B151 m -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights [nit reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and wig be prosecuted to the maximum extent possible 1 under the law. This document was produced by AIA software at 15:45:21 on 04M2017 under Order No.7941928438 which expires on 0110912018, and is not for resale. User Notes: (1805838472) § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect -approved submittal schedule, the Architect shall review or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6A.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.5A.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. AIA Document 13101 TM — 2007 (formerly 13151 TM —1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All Fights Init. reseryed. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible i under the law. This document was produced by AIA software at 15:45:21 on 04128/2017 under Omer No.7941928438 which expires on 01/09/2018, and is not for resale. Mer Notes: (1885838472) § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of two year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below arc not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit; identify the exhibit) Additional Services 4 4.1.1 Provrammin s§ 4.1.2.,_ ._ Multiolepreliminarr• desiens 4.1.3 Measured drawin;�s MA Existin_ facilities surveys ,4A.5 Site Evaluation and Plannine (B203TA-2007) _ k MA Buildin_, information modelinu 4.1.7 Civil enaineerina 41.8 Landscal••e desen Responsibility Locatlon of Service Description (Architect Owner (Section 4.2 below or in an exhibit or attached to this document and _ Not Provided) identified below) Basic Services N/P f Owner Owner Basic Services NIP Basic Services Basic Services §_41.9 Architecttual Interior Design (B252T?&-2007) Basic Services 41.10 Value Analysis (B204Tm-20071 N/P e 41.11 Detailed cost Tt matin& Basic Services § 4112 ect resentation_ N/P _On-sitF.pro - 4.1.13 _ Conformed construction documents N/P 41.14 -_ As -Desi° ed Record drawings _ �_ _ N/P -A--_ 41.15 As -Constructed Record drawings N/P ti 41.16 Post occu, arcs evaluation N/P 41.17 Facilitv Su : nrtServices {B210Te-20071 N/P 4.1.18 Tenant -related services N/P 4.1.19 Coordination of Owner's consultants N/P- 4.1.20 Telecommunications/data design Basic Services f4:1.21 Security Evaluation and Planning (B206T-- I NIP — 2007) 4.1.22 Commissioning (B21ITK-20071 N/P 4.1.23 environmentally res Extensiveresponsible Ro design 1 N/ _ - - [ NIP 4.1.24 _ LEEDO Certification (B214TK-2007) =I N/P _L4.1.25 Fast-track design services N/P 4.1.26 Historic Preservation (B205Ta-2007) N/P _ § 4.1.27 Furniture, Furnishings, and Equipment Design N/P Section 4.2 (B253Tm-2007) § 4.1.28 Preparation for and attendance at public Basic Services 1 meetin s, resentations or hearint,,,s at the AIA Document 010110 — 2007 (formerly 8751 TM —1897). Copyright 61974, 1978, 1987. 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to 1he maximum extent possible / under the law. This document was produced by AIA software at 15:45:21 on 04/2612017 under Order No.7941928438 which expires on 01!0942018, and is not for resale. User Notes: (1665638472) Owner request. § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. § 4.2.1 Furniture, Furnishings and Equipment Design — Fixed Fee based on 896 of the Furniture, Flnlshings, and Equipment cost of the agreed upon scope. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need, The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEEDS certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors (basic services); .5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients (basic services); .8 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing (basic services); .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is patty thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. .12 Additional Services shall specifically include Services and Reimbursable regarding Architect responses or actions related to requests under the Minnesota Government Data Practices Act ("MGDPA"). Additional Services related to the MGDPA may be provided by the Architect without the Owner's consent or permission. Owner's obligation to pay Architect for Additional Services regarding the MGDPA shall survive the termination or completion of Services under this Agreement § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect (basic services); .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation (basic services); AIA Document B101" —2007 (formerly B151'a —1997). Copyright ®1974,1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of ( 0 this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:45:21 on 04126QD17 under Order No.7941928438 which expires on 0110912018, and is not for resale. User Notes: (1685638472) .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service (basic services); .4 Evaluating an extensive number of Claims as the Initial Decision Maker (basic services); .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier, (Paragraphs deleted) § 4.3A If the services covered by this Agreement have not been completed within Forty -Eight ( 48 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect, Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. [nit. AIA Document B101 � —2007 (formerly a151TM —1097). Copyright®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All nights reserved. WARNING: This AIA(Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA( Document, or arty portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 11 I underthe law. This document was produced by AIA software at 15:45:21 on 041262017 under Order No.7941928438 which expires on 01/0972018, and is not for resale. User Notes: (1865638472) § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.72 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not wan -ant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or AIA Document 61011" —2007 (formerly 8131 rs —1997) Copyright ®1974,1978,1987.1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIAe Document is prateeted by U.S. Copyright Law and Mean ational Treaties. Unauthorized reproduction or distribution of 12 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible f under the law. This document was produced by AIA software at 15:45:21 on 04/28/2017 under Order No.7941928438 which expires on 01!09!2018, and is not for resale. User Notes: (1885838472) .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital fom1, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 6.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.12 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201 2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Irrlt AIA Document 0101'e — 2007 (formerly 13151 n —1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AIA& Document, or any portion of I% may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 1 under the taw. This document was produced by AIA so0were at 15:45:21 on 04/2612017 under Order No.7941928438 which expires on 0110912018, and is not for resale. User Notes: (1865638472) contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 4.7. § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction) [ X ] Litigation in a court of competent jurisdiction [ j Other (Specify) (Paragraphs deleted) § 8.3A CONSOLIDATION OR JOINDER § 8.3A.1 No mediation or legal action arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to mediation or legal action involving an additional person or entity shall not constitute consent to mediation or legal action of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to mediate and other agreements to mediate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Init.AIA Document 11701" —2007 (formerly B151- —1997) Copyright®1974, 1978,1987,1997 and 20D7 by The American Institute of Architects. An rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14 this AIAe Document, or any portion of 1% may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ! under the law. This document was produced by AIA software at 15:45:21 an 04/28/2017 under Order No.7941928438 which expires on 0110812016, and is not for resale. User Notes: (1865638472) Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 This Agreement may be terminated by the Owner upon seven (7) days written notice to Architect in its sole discretion. The Architect may terminate this Agreement only in the event of substantial non-performance by the Owner. In the event the Architect proposes to terminate this Agreement, the Architect shall notify the Owner in writing stating with specificity the alleged non-performance and further stating that the proposed termination shall be effective if the non-performance remains uncorrected for a period not less than 15 days following said notice. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. (Paragraph deleted) § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. AKnCLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 2007, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10A If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. AM Document 8107 TM —2007 (formerly B751 TM —1997). Copyright @ 1974,197B, 1987, 1997 and 2007 by The American Ins&Ae of Architects. All rights InIt. reserved. WARNING: This AIAa Document Is protected by U.S. Copyright Law and International Treacles. Unauthorized reproduction or distribution of 15 this AIAa Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 15:45:21 on 04/2812017 under Order No.7941928438 which expires on 0110912018, and is not for resale. User Nates: (1885838472) § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving parry shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. § 10.9 Owner irrevocably assigns to Architects all rights to claim Section 179D federal tax credits under Energy Policy Act of 2005 as amplified and clarified in IRS Notice 2008-40. Owner shall cooperate with Architect to establish Architect's eligibility for these federal tax credits. Architect shall be responsible for the costs of the independent third party energy study and certification. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation) A. Total Fee Calculation: Construction Cost $7,700,000 Fee Percentage x 7.5% Fixed Fee $ 577,500 Credit for Previous Work ($ 15,000) Total Fixed Fee $ 562,500 The above fees are calculated based on an assumed construction cost of $7,700,000 and it is agreed that these fees will not change unless the assumed construction cost increases by more than 5% ($385,000) B. Furniture, Finishings, and Equipment (FF&E): Fixed Fee Based on 6% of the agreed FF&E cost documented by Wold. § 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Fixed fee to be agreed upon by Owner and Architect in writing. § 11.3 For Additional Services that may arise during the course of the Project. including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis far, compensation) Fixed fee to be agreed upon by Owner and Architect in writing. § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect times 1.25. § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: AIA Document alai TM — 2007 (formerly B161- —1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Arch. All rights Init. reserved. WARNING: This AIAe Document is protected by V.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 16 this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible J under the law. This document was produced by AIA software at 15:45:21 on 04128!2017 under Order No.7941928438 which expires on 01/09/2018, and is not for resale_ User Notes: (1885838472) Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase Total Basic Compensation fifteen percent ( 15 %) twenty percent ( 20 %) forty percent ( 40 %) five percent ( 5 %) twenty percent ( 20 %) one hundred percent ( 100 a/o) § 11.8 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 mileage based on Federal rates in connection with the project and Owner requested out-of-state travel; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project, including government agency review and permit fees; A Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; (Paragraphs deleted) .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project -related expenditures. .12 Expense of computer aided design and drafting equipment time when used in connection with the Project. § 11.8.2 For Reimbursable Expenses, the compensation shall be the expenses incurred by the Architect and the Architect's consultants and be billed at actual cost to Architect plus ten percent ( 10 %) of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: AIA Document 131101"m —2007 (formerly 8151>r —1997) Copyright ®1974, 1978,1987,1997 and 2007 by The American Institute of Architects. All rights Init reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 17 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ! under the law. This document was produced by AIA software at 15:45:21 on 04/2812017 under Order No.7941928438 which expires an 0110912018, and is not for resale. User Notes: (1865538472) § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of zero ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid sixty ( 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon) Local rate of interest as set by Minnesota Statute Section 544.09. § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10A Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 101 TK -2007, Standard Form Agreement Between Owner and Architect .2 AIA. Document E201Tm-2007, Digital Data Protocol Exhibit, if completed, or the following: .3 Other documents: (List other documents, if any, including Exhibit A, Initial Information, and additional scopes of service, if any, forming part of the Agreement) This Agreement entered into as of the day and year first written above. IiKi;I�J (Signature) Melte Maguire Manor (Printed name and title)^ ARCHITECT (Signature) John McNamara, AIA, LEED AP Partner (Printed name and title) AIA Document 8101 TM —2007 (formerly 8151- —1997). Copyright ®1974, 1976, 1987,1997 and 2007 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1$ this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible J under the law. This document was produced by AIA software at 15:45:21 on 04!2612017 under Order No.7941929438 which expires on 01/0912018, and is not for resale. UeorNotes; (1865636472) Agenda Information Memo May 2, 2017 Eagan City Council Meeting CONSENT AGENDA M. Contract 17-07, 2017 City -Wide Trail and Parking Lot Improvements Action To Be Considered: Receive the bids for Contract 17-07 (2017 City -Wide Trail and Parking Lot Improvements), award the contract to Aslakson's Service, Inc. for the base bid in the amount of $383,631.65 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 17-07 provides for the construction and maintenance overlay of bituminous trails and parking lots in the following locations: o Cliff Road (CSAH 32) — Lake Park Drive to Pilot Knob Road (N side) o Pilot Knob Road ( CSAH 31) — Lone Oak Road to Corporate Center Curve (E side) o Lexington Avenue (CSAH 43) — Cliff Road to Diff ley Road (E side) o Lexington Avenue (CSAH 43) — O'Leary Park to Lone Oak Road (E & W sides) o Deerwood Reservoir o Well 8 — Royal Oak Circle o Yankee Doodle Road Reservoir o Wescott Commons Park o Well 7 — Community Center o Downing Park as programmed for 2017 in the City's 5 -Year Capital Improvement Program (2017-2021) and authorized by the City Council on June 7, 2016. ➢ On March 21, 2017, the Council approved the plans and specifications for Contract 17- 07 and authorized the advertisement for solicitation of competitive bids. ➢ On April 27, 2017, six bid proposals were received (see attached summary). The low bid of $383,631.65 was 21% below the Engineer's estimate of $488,032. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way, public property or easements. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid of $383,631.65 from Aslakson's Blacktopping Service Inc. has been reviewed by Public Works staff and is in order for favorable Council action. Attachments (1) CM -1 Bid Summary BID SUMMARY 2017 Trail & Parking Lot Improvements City Contract No. 17-07 City Project No. 1247 Bid Date/ Time: 10:30 a.m., Thursday, April 27, 2017 Contractors Total Base Bid 1. Aslakson's Services, Inc. $383,631.65 2. Northwest Asphalt $391,863.14 3. McNamara Contracting $398,199.50 4. Bituminous Roadways $398,333.00 5. Standard Contracting $447,659.05 6. Barber Construction $509,905.50 Low Engineer's % Base Bid Estimate Over/Under Eng Estimate $ 383,631.65 $ 488,032 -21.4% Agenda Information Memo May 2, 2017 Eagan City Council Meeting CONSENT AGENDA N. Contract 17-08, Vikings Parkway Streetlight Materials Purchase Action To Be Considered: Receive the bid for Contract 17-08 (Vikings Parkway - Streetlight Materials Purchase), award the contract to Graybar Electric for the base bid in the amount of $264,270.00 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 17-08 provides for the purchase of streetlight materials for Vikings Parkway within the Viking Lakes development, in conjunction with City Contract 16-22 (Vikings Parkway Street & Utility Improvements), awarded to Frattalone Companies, Inc. on March 7, 2017. ➢ On June 7, 2016, the City Council received a petition from MV Eagan Ventures requesting the public improvements, including a collector roadway, trails, roundabouts, storm sewer and trunk water main, along Northwest Parkway between Lone Oak Parkway and Ames Crossing Road. ➢ On August 16, 2016, the City Council accepted the feasibility report for Project 1225, and authorized the preparation of detailed plans and specifications for the public improvements for the 2017 construction season. ➢ On January 17, 2017, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 17-08. On April 18, 2017, formal bids were rejected for this contract since the low bid received was about 14% more than the Engineer's Estimate. There appeared to be confusion with the advertisement for the bids as the low bidder was a contractor, not a material supplier, as requested. The City Council authorized rebidding the plans and specifications. On April 20, one bid was received. The bid was 4% below the Engineer's estimate of $276,000. The base bid of $264,270.00 has been reviewed by Public Works staff and is in order for favorable Council action. Attachments (1) CN -1 Bid Summary BID SUMMARY Vikings Parkway Streetlight Materials Purchase City Contract No. 17-08 City Project No. 1225 Bid Date/ Time: 10:30 a.m., Thursday, April 20, 2017 Contractors Total Base Bid 1. Graybar Electric $264,270 Low Engineer's % Base Bid Estimate Over/Under Eng Estimate $ 264,270 $ 276,000 -4.0% Agenda Information Memo May 2, 2017 Eagan City Council Meeting CONSENT AGENDA O. Contract 17-11, 2017 City -Wide Sanitary Sewer Lining Action To Be Considered: Receive the bids for Contract 17-11 (2017 City-wide Sewer Lining - Sanitary Sewer Improvements), award the contract to Lametti & Sons, Inc. for the base bid in the amount of $154,980.00 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 17-11 provides for the rehabilitation of public sanitary sewer through lining improvements of about 7,380 linear feet of existing pipe in various areas within the City as was included in the Sanitary Sewer Operations and Facilities portion of the Council approved 2017-2021 Capital Improvement Program (CIP). ➢ On March 21, 2017, the Council approved the plans and specifications for Contract 17- 11 and authorized the advertisement for solicitation of competitive bids. ➢ On April 20, 2017, four bid proposals were received (see attached summary). The low bid of $154,980.00 was 19% below the Engineer's estimate of $191,880. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid of $154,980.00 ($21.00 per linear foot) from Lametti & Sons, Inc. has been reviewed by Public Works (Utilities Division) staff and is in order for favorable Council action. Attachments (2) CO -1 Location Map CO -2 Bid Summary 2017 Sanitary Sewer Lining N 401�1 CityEapof 2017 (7,377 ft) W+ E S Map Date: 3/16/2017 Prepared by: City of Eagan Department of Public Works 1 i n = 1 mile Document Path: L:\USERS\PUBWORKS\Projects\Utilities\Sanitary_Sewer\Maintenance\Lining\CouncilProposedLining8xll.mxd BID SUMMARY 2017 SEWER LINE RENOVATION FOR CURED IN PLACE PIPE CITY PROJECT NO. 1255 CITY CONTRACT NO. 17-11 Bid Date/ Time: 11:00 a.m., Thursday April 20, 2017 Estimate: $191,880.00 f _nnfrnr4nrc Lametti & Sons Total Over/Under Base Bid Estimate $154,980.00 -19% Insituform Technologies USA, Inc. $166,050.00 -13% Visu-Sewer, Inc. Veit & Company $167,895.00 -13% $169,740.00 -12% 4/25/2017 Agenda Information Memo May 2, 2017 Eagan City Council Meeting CONSENT AGENDA P. Contract 16-07, South Water Treatment Plant Generator Controls Action To Be Considered: Approve the final payment for Contract 16-07 (South Water Treatment Plant, Generator Controls — Water System Improvement) in the amount of $31,502.00 to PowerSecure Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 16-07 provided generator control improvements for the South Water Treatment Plant. The new controls are similar to existing controls at the North Water Treatment Plant to assure both power generation systems operate identically (less operational training) and have compatible components (cost savings for future repairs). ➢ The total contract cost for the control improvements was $78,756.00. ➢ 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 May 2, 2017 Eagan City Council Meeting CONSENT AGENDA Q. Project 1248, Diffley Road/Braddock Trail Turn lane Improvements Joint Powers Agreement Action To Be Considered: Approve a Joint Powers Agreement with the Dakota County Transportation Department for Project 1248 (Diffley Road/ Braddock Trail - Turn Lane Improvements) within Diffley Road (CSAH 30) right-of-way in the City of Eagan and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On June 7, 2016, the City Council approved the City's 5 -Year Capital Improvement Plan (2017-2021 CIP), including the eastbound left turn lane improvements on Diffley Road (CSAH 30) at Braddock Trail, with construction in 2017. These improvements have been coordinated with the County and are also programmed in the Dakota County Transportation Department's 5 -Year CIP. ➢ The improvements at the intersection consist of the extension of the eastbound left turn lane on Diffley Road, west approximately 350 feet, to provide increasing queuing space in the turn lane, increasing the public safety near the intersection. ➢ The County will be the lead agency for the design and construction management of these improvements. ➢ Similar to other cost sharing initiatives between the City and County, a Joint Powers Agreement has been prepared by the County for formal approval by the City. As set forth in the agreement and according to County policy, the City's financial responsibility will be 45% of the cost, with Dakota County financing 55%. The total estimated project cost is $90,000. The Major Street Fund would finance the City's share ($40,500), while the County will cover the remaining costs ($49,500). ➢ The agreement has been reviewed by the Public Works Department, is consistent with past similar agreements reviewed by the Attorney's office, and is in order for favorable Council action. Attachments (1) CQ -1 Joint Powers Agreement Dakota County Contract No. C0028994 JOINT POWERS AGREEMENT FOR EASTBOUND LEFT TURN LANE EXTENSION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF EAGAN FOR STATE PROJECT NO. 019-630-019,195-020-023 COUNTY PROJECT NO. 30-34 CITY PROJECT NO. 1248 SYNOPSIS: Dakota County and the City of Eagan agree to extend the eastbound left tum lane at the intersection of County State Aid Highway (CSAH) 30 and Braddock Trail in Eagan, Dakota County. County Project No. 30-34; City Project No. 9248 Contract No. C0028994 April 7, 2097 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as "the County"; and the City of Eagan, referred to in this Agreement as "the City"; and witnesses the following: WHEREAS, under MINNESOTA STATUTES §§ 162.17, subd. 1 and 471.59, subd. 1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to extend the eastbound left turn lane at the intersection of County State Aid Highway (CSAH) 30 and Braddock Trail in Eagan, Dakota County (the "Project"); and WHEREAS, the County and the City have included this Project in their Capital Improvement Programs as part of the County's 2017 overlays and will jointly participate in the costs of said construction. NOW, THEREFORE, it is agreed that the County and the City will share Project responsibilities and jointly participate in the costs associated with the Project, and related activities as described in the following sections: 1. Engineering. Design engineering including all aspects of the Project (public involvement, agency involvement, preliminary/final design etc.), surveying, mapping, construction engineering, construction management, construction inspection and all related materials testing, including the cost of County and City staff time for these purposes, shall be split based on the County's and City's share of the final construction costs. 2. Turn Lane Construction. The costs for the turn lane construction shall be shared in the amount of fifty-five percent (55%) by the County and forty-five percent (45%) by the City. Cost sharing includes all street and highway construction items; replacement or restoration of trails and sidewalks, landscaping and driveways when affected by construction; replacement or adjustment of water and storm sewer systems, if required due to reconstruction; relocating or adjusting privately owned utilities when not performed at the expense of the utility; replacement of roadway lighting, and all other construction aspects outlined in the plan except for elements as called out under this agreement or the current Dakota County Transportation Plan. K, County Project No. 30-34; City Project No. 1248 Contract No. C0028994 April 7, 2017 3. City Utilities. Except as stated in the above sections of this Agreement, the City shall pay all other costs for new sanitary sewer, water mains and appurtenances constructed as part of this Project. Further, the City shall be responsible for the maintenance of all such facilities after completion of the Project. 4. Plans and Specifications. The County shall prepare the complete plans, specifications and contract documents for County Project 30-34 consistent with State Aid design standards and the Dakota County Transportation Plan. The County Board will award the contract for construction of the overlay projects to the lowest responsive and responsible bidder in accordance with state law. 5. Right -of -Way. The County will undertake all actions necessary to acquire all permanent and temporary highway right of way, and will acquire all right of way for sidewalk and trail construction for the Project. Except as set forth below, the costs of acquiring highway right of way, including right of way for drainage inlets and outlets, shall be shared in the amount of 55% by the County and 45% by the City. Any right of way costs for new sanitary sewer, water mains and appurtenances, and aesthetic elements outside of the right of way needed for the highway improvements shall be the responsibility of the City. 6. Proiect Cost Updates. The County will provide updated cost estimates to the City showing the County and City shares of Project costs annually at the time of Capital Improvement Program development. Updated cost estimates will also be provided by the County to the City at the following times: • prior to approval of the appraised values for any necessary right of way acquisitions, • prior to advertising a construction contract, • after bid opening (prior to contract award), • during construction if total contract changes exceed $25,000, • once per year following the construction season until the Project is complete. Project cost estimate updates include actual and estimated costs for engineering, utility relocation, and construction. The Parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change and the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective councils or boards regarding Project costs. K? County Project No. 30-34, City Project No.1248 Contract No. C0028994 April 7, 2017 7. Payment. The County will administer the contract and act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as the Project work progresses and when certified by the County Engineer. The County, in turn, will bill the City for its share of the Project costs. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement within 35 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 8. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost participation must be approved by all parties prior to execution of work. 9. Amendments. Any amendments to this Agreement will be effective only after approval by both governing bodies and execution of a written amendment document by duly authorized officials of each body. 10. Effective Dates. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after September 30, 2018. 11. Final completion. Final completion of the construction Project must be approved by both parties. 12. Pavement Maintenance. Upon acceptance of the Project, the City shall be responsible for all pavement maintenance within City right-of-way and the County shall be responsible for all pavement maintenance within County right-of-way unless necessitated by a failure of a municipal utility system or installation of new facilities. 13. Subsequent Excavation. After completion of the Project, and after expiration of the warranty period regarding repair, if excavation within County right-of-way is necessary to repair or install water, sewer, or other city utilities, the City shall restore the excavated area and road rd County Project No. 30-34; City Project No. 1248 Contract No. C0028994 April 7, 2017 surface to substantially the condition at the time of disturbance. If the City employs its own contractor for the above described water, sewer or other utility repair or installation, the City shall hold the County harmless from any and all liability incurred due to the repair or installation of said water, sewer or other municipal utility including, but not limited to, the costs of repair as well as liability to third parties injured or damaged as a result of the work. If the City fails to have the highway properly restored, the County Engineer may have the work done and the City shall pay for the work within 30 days following receipt of a written claim by the County. 14. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 15. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this Agreement recognize that liability for any claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. The County shall include the City as additional insured in the contract documents. 16. Waiver. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said County employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. The opposite situation shall also apply: the County shall not be responsible under the Worker's Compensation Act for any employees of the City 5 County Project No. 30-34; City Project No. 1248 Contract No. C0028994 April 7, 2017 17. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to the Agreement are subject to examination by the County or the City and either the Legislative Auditor or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. Dakota County will be financially responsible for the cost of the audit. 18. Integration and_Continuing Effect. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the County and the City regarding the Project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect in accordance with the Dakota County Transportation Plan after completion of the construction provided for in this Agreement. 19. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Mark Krebsbach (or successor) Russ Matthys Dakota County Transportation Director/County Engineer Public Works Director 14955 Galaxie Avenue City of Eagan Apple Valley, MN. 55124 3830 Pilot Knob Road (952) 891-7102 Eagan, MN 55122 (651) 675-5000 [SIGNATURE PAGE TO FOLLOW] 9 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: Public Works Director APPROVED AS TO FORM: City Attorney RECOMMENDED FOR APPROVAL: County Engineer COUNTY BOARD RESOLUTION: No: 17- Date: April 18, 2017 KS- CITY OF EAGAN By Mayor (SEAL) By City Clerk Date DAKOTA COUNTY APPROVED AS TO FORM: Assistant County Attorney / Date By: Physical Development Director Date: Agenda Information Memo May 2, 2017 Eagan City Council Meeting CONSENT AGENDA R. Tipperary Addition Maintenance Agreement — Inver Grove Heights Action To Be Considered: Approve a Maintenance Agreement with the City of Inver Grove Heights identifying public infrastructure maintenance responsibilities within the Tipperary Addition, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On April 4, 2017, the City Council approved the Final Subdivision of Tipperary Addition to create 11 single-family lots located south of Wescott Road and east of Dodd Road. The development also includes 10 single-family lots within Inver Grove Heights. ➢ Because the border between the two cities divides public right-of-way and public utility infrastructure within the development, this agreement is needed to identify perpetual maintenance responsibilities of the public infrastructure. ➢ The agreement has been reviewed by the Public Works Departments and City Attorneys of both cities, and is in order for favorable Council action. Attachments (1) CR -1 Tipperary Maintenance Agreement AGREEMENT RELATING TO MAINTENANCE OF STREETS AND STORM WATER FACILITIES WITHIN THE PLAT OF TIPPERARY LOCATED IN THE CITY OF INVER GROVE HEIGHTS AND IN THE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA THIS AGREEMENT RELATING TO MAINTENANCE OF STREETS AND STORM WATER FACILITIES WITHIN THE PLAT OF TIPPERARY LOCATED IN THE CITY OF INVER GROVE HEIGHTS AND IN THE CITY OF EAGAN (Agreement) is made, entered into and effective this 2nd day of May, 2017, by and between the City of Inver Grove Heights, a Minnesota municipal corporation (hereafter referred to as "IGH") and the City of Eagan, a Minnesota municipal corporation (hereafter referred to as "Eagan"). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS 1.1 Terms. The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.2 IGH. IGH means the City of Inver Grove Heights, a Minnesota municipal corporation. 1.3 Eagan. Eagan means the City of Eagan, a Minnesota municipal corporation. 1.4 Plat. Plat means the plat of Tipperary, Dakota County, Minnesota, legally described on the attached Exhibit A. 1.5 Storm Water Facilities. Storm Water Facilities means the infiltration basins and appurtenances within the Plat of Tipperary, Dakota County, Minnesota identified as follows: • Infiltration basin on Lot 15, Block 1, Tipperary • Infiltration basin on Lot 16, Block 1, Tipperary Infiltration basin on Lot 20, Block 1, Tipperary Infiltration basin on Lot 21, Block 1, Tipperary 1.6 Streets. Streets means Aidan Cove and Aidan Court located in the Plat of Tipperary in IGH and in Eagan. 1.7 Alicia Drive. The two cul-de-sacs located in Eagan within the plat of Southern Lakes West identified as Alicia Drive (north/south alignment). Alicia Drive is located directly off Alicia Circle in Inver Grove Heights. ARTICLE 2 RECITALS Recital No. 1. Pulte Homes of Minnesota, LLC is platting the property within the City of Inver Grove Heights and the City of Eagan legally described on Exhibit A as the plat of Tipperary. The property comprising the Plat is located partially in IGH and partially in Eagan. Recital No. 2. Portions of the Storm Water Facilities and portions of the Streets lying within the Plat are located in IGH and in Eagan. Recital No. 3. IGH and Eagan have mutually agreed as to which city will maintain the Storm Water Facilities and which city will maintain the Streets. Recital No. 4. By this Agreement the parties seek to clarify the responsibility for maintenance of the Streets and Storm Water Facilities within the Plat. ARTICLE 3 MAINTENANCE OF STORM WATER FACILITIES 3.1 Maintenance of Storm Water Facilities. All Storm Water Facilities in the plat of Tipperary are located within easements dedicated to the City of Eagan and the City of Inver Grove Heights. All storm water from the plat of Tipperary flows into the Eagan storm sewer system. Eagan, at its expense, is responsible for maintenance of the defined Storm Water Facilities. ARTICLE 4 MAINTENANCE OF STREETS 4.1 Maintenance of Streets. Eagan and IGH agree that the responsibilities for snow plowing and ice control and street maintenance with regard to the Streets and the responsibility for snow plowing and ice control for Alicia Drive shall be as follows: • Eagan, at its expense, is responsible for and will perform snow plowing and ice control on those portions of Aidan Court and Aidan Cove located in Inver Grove -2- Heights in the Plat. • Eagan, at its expense, is responsible for and will perform snow plowing and ice control on those portions of Aidan Court and Aidan Cove located in Eagan in the Plat. • IGH, at its expense, is responsible for street maintenance on that portion of Aidan Cove located east of Aidan Court in the City of Inver Grove Heights. • Eagan, at its expense, is responsible for street maintenance on that portion of Aidan Cove from Dodd Road to the Inver Grove Heights city limits in the City of Eagan. • Eagan, at its expense, is responsible for street maintenance on Aidan Court located in both the City of Inver Grove Heights and the City of Eagan. • IGH, at its expense, is responsible for and will perform snow plowing and ice control on Alicia Drive. ARTICLE 5 MAINTENANCE OF UTILITY PIPING Section 5.1. Maintenance of Utilitv Pininp,. IGH shall be responsible for maintenance of all storm sewer pipes, sanitary sewer pipes and water pipes located within Aidan Cove east of Aidan Court that serve the lots located in Inver Grove Heights. Eagan shall be responsible for all maintenance of storm sewer pipes, sanitary sewer pipes and water pipes located within Aidan Cove from Dodd Road to the Inver Grove Heights boundary line. Eagan shall be responsible for maintenance of storm sewer pipes, sanitary sewer pipes and water pipes located in Aidan Court that serve the lots located in Eagan and the three lots located in Inver Grove Heights (Lots 13, Lot 14 and Lot 15, Block 1, Tipperary). ARTICLE 6 MAINTENANCE STANDARDS Section 6.1. IGH Maintenance Standards. Wherever IGH has the responsibility for snow plowing and ice control, IGH shall follow and comply with its own standards for snow plowing and ice control, as amended from time to time. Wherever IGH has the responsibility for Street maintenance, IGH shall follow and comply with its own standards for Street maintenance, as amended from time to time. Wherever IGH has the responsibility for maintenance of utility piping, IGH shall follow and comply with its own standards for utility piping, as amended from time to time. -3- Section 6.2. Eagan Maintenance Standards. Wherever Eagan has the responsibility for snow plowing and ice control, Eagan shall follow and comply with its own standards for snow plowing and ice control, as amended from time to time. Wherever Eagan has the responsibility for Street maintenance, Eagan shall follow and comply with its own standards for Street maintenance, as amended from time to time. Wherever Eagan has the responsibility for maintenance of Storm Water Facilities or utility piping, Eagan shall follow and comply with its own standards for Storm Water Facilities and utility piping, as amended from time to time. ARTICLE 7 TERMINATION Section 7.1. Termination. This Agreement may be terminated by any of the following events: a. The parties, by mutual written agreement, may terminate this Agreement; or b. Either IGH or Eagan may terminate this Agreement by notice of termination to the other party sent to the other party at least one year in advance of the termination date. The notice of termination shall specify the termination date. ARTICLE 8 MISCELLANEOUS 8.1 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this Agreement shall be binding upon the parties and the successors and assigns of the parties. 8.2 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any parry hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 8.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 8.4 Counters)arts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. -4- 8.5 Notice. Notice shall means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to IGH: City of Inver Grove Heights Attention: City Engineer 8150 Barbara Avenue Inver Grove Heights, MN 55077 If to Eagan: City of Eagan Attention: City Engineer 3830 Pilot Knob Road Eagan, MN 55122 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the parry to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a parry. [the remainder of this page has been intentionally left blank] -5- IN WITNESS WHEREOF IGH and Eagan have entered into this Agreement on the day and year first stated above. CITY OF INVER GROVE HEIGHTS George Tourville Its: Mayor ATTEST:. Michelle Tesser, City Clerk (CITY SEAL) STATE OF MINNESOTA ss. COUNTY OF DAKOTA On this 12'h day of December, 2016, before me a Notary Public within and for said County, personally appeared George Tourville and Michelle Tesser to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Inver Grove Heights, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public la CITY OF EAGAN By: _ Mike Maguire Its: Mayor ATTEST: Cheryl L. Stevenson City Clerk (CITY SEAL) STATE OF MINNESOTA ss. COUNTY OF DAKOTA On this day of , 2017, before me a Notary Public within and for said County, personally appeared Mike Maguire and Cheryl L. Stevenson to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public THIS INSTRUMENT WAS DRAFTED BY AND AFTER RECORDING RETURN TO: Timothy J. Kuntz LeVander, Gillen, & Miller, P.A. 633 South Concord Street Suite 400 South St. Paul, MN 55075 (651) 451-1831 -7- EXHIBIT A LEGAL DESCRIPTION OF PLAT Real Property located in the City of Inver Grove Heights, Dakota County, Minnesota, legally described as follows: Lots 1 through 21, Block 1, Tipperary, Dakota County, Minnesota, according to the recorded plat thereof on file and of record with the office of the Dakota County Recorder, Dakota County, Minnesota. Part Abstract and Part Torrens Property -8- Agenda Information Memo May 2, 2017 Eagan City Council Meeting CONSENT AGENDA S. Contract 16-24, Central Maintenance Campus Renovations Security, Access Control & Paging Services Action To Be Considered: Approve Change Order No. 1 to Contract 16-24 (Central Maintenance Campus — Security, Access Control & Paging Services) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Project 1206 provides for Phase I of a Central Maintenance Facility (CMF) expansion and consists of additional heated vehicle storage and equipment bays, enlarged and updated service bays, as well as a salt storage shed. ➢ Contract 16-24 provides for low -voltage wiring (Data/Voice), security, access control and paging services as part of the CMF renovations. ➢ On August 24, 2016, the City received bids. ➢ On September 6, 2016, the contract was awarded to Parson's Corporation with the low bid of $63,664.76. ➢ The proposed revisions as part of Change Order No. 1 address the addition and deletion of a number of components included in the original design of the low voltage improvements required by the CMF renovations. o Doors 145 & 146 Access — Additional access control required at Doors 145 and 146 which was not included in the original design. ADD $1,421.00. o Keypads - Install four additional access control keypads at likely points of access to arm/disarm the system. ADD $1,981.60. o Brine Building Network Panel - Miscellaneous revisions are required to integrate operations equipment at the Brine Building to the network for remote control of solution mixture. ADD $674.00. o Access Control Panel - Relocate access control panel and install new module to accommodate the proposed elevator. ADD $2,724.17. o Access Point Equipment - Miscellaneous equipment additions, contacts, grounding and duct work, at various control points. ADD $1,284.00. o Vehicle Maintenance Area Conduit - Delete conduit installation to Vehicle Maintenance Area. Conduit was performed by a different contractor and eliminated from this contract. DELETE $4,498.00. o Wireless Gate Control - Delete installation of wireless gate control equipment as it was determined to be unnecessary. DELETE $2,096.00. ➢ Change Order No. 1 provides an additional cost of $1,490.77 (2.3% of original contract) to the contract. The additional cost will be paid via various funds as designated in the 2016-2020 Facilities Capital Improvement Plan. ➢ The costs associated with this Change Order have been reviewed by the project architect and determined to be consistent with prices received for similar items on projects within the metropolitan area. Attachments (0) Agenda Information Memo May 2, 2017 Eagan City Council Meeting CONSENT AGENDA T. Cost -Share, Operation and Maintenance Agreement 1819 Taconite Trail Action To Be Considered: Approve a Cost Share, Operation and Maintenance Agreement with Richard and Jacqueline Cowles (1819 Taconite Trail) to help implement a Rooftop Runoff Reduction (Rain Garden) Project near stormbasin AP -2 through the Water Quality Cost -Share Partnership Program and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On December 4, 2012, the City Council approved a Water Quality Cost -Share Partnership Program (Program), the purposes of which are to: 1) improve water equality in downstream public waterbodies; 2) reduce stormwater runoff into the storm sewer system and public waterbodies; 3) preserve, protect and enhance native plant communities around public waterbodies; and 4) educate and engage the public on the value of improving public water resources, and to develop empowerment and partnership opportunities. ➢ The Program is funded from the stormwater utility fund and is being administered by Water Resources staff according to City Council priorities as designated in approved capital improvement programs, lake management plans, and development agreements. The Program is provided up to $50,000 annually in the 2017-2021 Public Works Department's Capital Improvement Program. ➢ Richard and Jacqueline will engage a specialized contractor to construct, plant and establish a Rain Garden, Native Planting Area and Rainwater Harvesting Project, on approximately 770 square feet of their property at 1819 Taconite Trail, to protect soils from erosion, reduce stormwater runoff impacts to Pond AP -2 and enhance native plant communities. ➢ The Cowles' will be responsible for long-term maintenance of the site. The project will serve as a demonstration area that is easily viewable by the public from the street for effective runoff reduction and water -efficient practices for other Eagan residents. ➢ The project should be substantially completed by the end of 2017 at a total estimated cost of $3,400. An estimated cost -share of about $2,550 (maximum of 75% of project costs) from the City will be matched by approximately $850 of funding (25% of project costs) from the Cowles'. Attachments (1) CT -1 Cost -Share, Operation and Maintenance Agreement CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT This Cost Share, Operation and Maintenance Agreement ("Agreement") is made this day of _ , 2017, by and between Richard Cowles and Jacqueline Cowles, husband and wife (the "Owners"), and the City of Eagan, a Minnesota municipal corporation (the "City"), (collectively the "Parties"). WHEREAS, the Owners are the fee title holder of real property located at 1819 Taconite Trail, Eagan, Minnesota, and legally described as follows: Lot 3, Block 6, CEDAR GROVE NO. 7, Dakota County, Minnesota (the "Property"); WHEREAS, the Owners desire to perform a water quality improvement project (the "Project") to install a rooftop runoff reduction rain garden and native planting area (the "Improvements") as depicted on and in accordance with the proposal attached hereto as Exhibits A and B and incorporated herein (Exhibits A and B will be referred to as the "Plans and Specifications"); WHEREAS, the Owners have submitted an application for assistance with the Project under the City's Water Quality Cost Share Partnership Program (the "Program"); WHEREAS, the City finds that the Project will serve a public purpose by supporting one or more of the following public water resource priorities: a. improving water quality in downstream public waters; b. reducing stormwater runoff into the public storm -sewer system and public waters; c. preserving, protecting and enhancing native plant communities around public waters; and d. educating and engaging the public on the value of improving public water resources, and empowerment and partnership opportunities; WHEREAS, the City finds that the Owners and the proposed Project meet the eligibility requirements for participation in the Program; and WHEREAS, the City agrees to provide the Owners with certain financial and technical assistance for the Project through the Program, subject to the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and obligations of the Parties hereinafter set forth, the Parties agree as follows: 1. Plans and S12eciflcations. a. Owners' Responsibility-. The Owners shall be responsible for development of the plans/design, specifications and itemized cost estimate for the Improvements (the "Plans and Specifications"). b. Cite Review. The Owners shall submit the Plans and Specifications to the City for review and written approval by the City Engineer or his designee prior to installation of the Improvements. Notwithstanding the foregoing, the Owners shall be solely responsible to determine the adequacy of the Plans and Specifications and to comply with all applicable laws and regulations, and the City shall have no liability for the Plans and Specifications or the Improvements. c. Modification of Plans and Specifications. Any modification to the approved Plans and Specifications must be approved in writing by the City Engineer or his designee. 2. Installation. a. Standards. The Improvements shall be installed in accordance with the approved Plans and Specifications. b. Labor and Materials. The Owners shall select, obtain and pay for all labor and materials for the Project, consistent with the Plans and Specifications, subject to partial reimbursement as provided in this Agreement. c. Photographs. The Owners shall take photographs to document the Project. d. Time for Completion. The Project must be completed within one year from the date of execution of this Agreement, unless an extension has been requested and granted by amendment of this Agreement. Rc _)ort/Documentation. Within 30 days after completion of the Project, the Owners shall submit to the City Engineer or his designee a project completion report in a form required by the City (including supporting photographs). 2 3. Reimbursement. a. Reimbursement Reisuest. After the Improvements are completed and approved by the City Engineer or his designee, the Owners shall submit to the City Engineer or his designee a written request for reimbursement including (i) a detailed itemization of costs, (ii) original receipts or paid invoices and (iii) itemization and documentation of the Owners' Match as defined below (collectively the "Reimbursement Request"). b. Reimbursement Amount. The City shall reimburse the Owners pursuant to the Reimbursement Request for up to $2,550 for eligible project costs, and not to exceed seventy-five percent (75 %) of total Project costs. c. Reimbursement Schedule. The City shall issue reimbursement to the Owners within thirty (30) days of receipt of a completed Reimbursement Request. d. Eligible Costs. All Project costs will be reviewed and verified by the City Engineer or his designee as eligible, practical and reasonable. The City reserves the right to make adjustments to the Project costs submitted for reimbursement based on this review. Subject to the foregoing, the following Project costs are eligible for reimbursement: i. Materials for the Improvements. ii. Contracted labor costs for site preparation, installation and establishment period (2 years maximum period post -installation) of the Improvements. iii. Contracted design / engineering fees, and soil -analysis, but only if approved in writing by the City Engineer or his designee before contracted design / engineering / soil -analysis work begins. e. Ineli,ible Expenses. i. Notwithstanding any provision of this Agreement to the contrary, purely aesthetic components of the Improvements are not eligible for reimbursement and shall not be considered part of the Project costs. ii. Funding will only cover work performed after this Agreement has been signed, with the exception of pre -project planning / design / engineering costs that may be allowed to be included, determined on a case-by-case basis, if pre -approved in writing by the City Engineer or his designee. f. Owners' Match. i. The Owners shall be responsible for a minimum of twenty-five percent (25 %) of Project costs, which can include in-kind labor value. 4. Maintenance. a. Maintenance Obli�:-_ation. For a period of ten (10) years commencing on the date the Improvements are completed and approved by the City Engineer or his designee, the Owners shall maintain and repair, when necessary, the Improvements in accordance with the Plans and Specifications. b. Maintenance Costs. The Owners shall be solely responsible for all costs associated with long-term maintenance and repairs of the Improvements. 5. Inspections and Reports. a. Annual Ins;>ections. The Improvements shall be inspected annually, between May 15 and October 15, by a Qualified Person selected by the Owners to determine whether or not the Improvements are functioning in accordance with the Plans, Specifications and this Agreement. As used in this Agreement, the term "Qualified Person" shall mean a person approved by the City Engineer based on shoreland and upland buffer best management practice training and experience. City Water Resources staff are considered Qualified Persons, with no fee to Owners. If choosing to use an independent Qualified Person, the Owners' responsibilities under this Section shall be at the Owners' sole cost and expense. If, as a result of the inspection, the Improvements are determined not to be functioning in accordance with the Specifications and this Agreement, the Owners shall restore/repair the Improvements to function as specified herein. b. Cite Notification and Independent Inspection. The City shall be notified at least 24 hours prior to independent annual inspections or any significant maintenance of the Improvements and, at the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Property to inspect the Improvements at any time to evaluate the installation and maintenance of the Improvements. c. Inspection and Maintenance Report. If using an independent Qualified Person, the Owners shall submit a report to the City Engineer or his designee by e-mail or mail, no later than thirty (30) days after any annual inspection and/or maintenance of the Improvements, providing the following information: i. Date and time of inspection. ii. Log of findings. iii. Date and time of maintenance. iv. Details of maintenance performed. v. Photographic documentation. 6. Standards for Performance. Any act of construction, installation, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. M 7. Richt of - EnThe City, its agents and employees shall have the right to enter the Property to `inspect and to implement the terms of this Agreement. The City, its agents and employees shall not be subject to or liable for any claims of trespass in connection with such entry. Indemnification. The Owners shall indemnify and hold the City and its City Council members, officers, employees, agents, representatives, attorneys, successors and assigns, harmless from any and all claims arising out of or related to (i) the installation, use, maintenance, repair, removal, damage or destruction of the Improvements, (ii) injury to the Owners or any third party caused by or related to the Improvements, and (iii) damage to real property or personal property of the Owners or any third party caused by or related to the Improvements. 9. Amendment, Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owners, on behalf of themselves and their successors and assigns, expressly acknowledge and agree that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, and may condition consent upon such terms as the City deems desirable. The Owners, on behalf of themselves and their successors and assigns, further agree and covenant, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney 10. Remedies for Default. a. Termination. If the Owners fail to perform the Owners' obligations as and when required under this Agreement (a "Default"), and fails to cure such Default within thirty (30) days after the City gives written notice to the Owner specifying the Default, subject to such extension as may be reasonably necessary due to weather conditions, then the City may terminate this Agreement by written notice to the Owners. b. Repayment. Upon termination of this Agreement, the City Engineer or his designee shall determine the amount, if any, by which the reimbursement to the Owners for Project costs under this Agreement exceeded the public benefit received by the City from the Project (the "Overage"). The Owners shall repay the Overage to the City within thirty (30) days after receipt of an invoice from the received by the City from the Project (the "Overage"). The Owners shall repay the Overage to the City within thirty (30) days after receipt of an invoice from the City describing the calculation and the amount of the Overage. If the Owners fail to timely repay such funds, the Owners shall be responsible for the City's attorneys' fees and costs enforcing this Agreement, including costs of collection. c. Force Majeure. Notwithstanding the foregoing, the Owners shall not be liable for repayment of funds received under this Agreement if the failure was caused by reasons proven to be beyond the Owners' control. 11. Duration. This Agreement shall be for a term of ten (10) years and shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 12. Recording Agreement. The City will record this Agreement against the Property with the Dakota County Recorder's Office within thirty (30) days of full execution of this Agreement, and shall provide the Owners with verification of this recording. 13. Governing Law, Venue. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. Any dispute regarding this Agreement shall be venued in the State of Minnesota District Court in Dakota County. Owners' or Re 3resentative's Contact Information for Long -Term Ins ection/Maintenance: Owners: Richard Cowles 1819 Taconite Trail Eagan, MN 55122 Jacqueline Cowles 1819 Taconite Trail Eagan, MN 55122 Telephone: 651-454-8121 Email: rich-; cowles.us IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of the date first listed above. [Signature pages follow] 0 IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of the date first listed above. OWNERS: Richard Cowles 9 Jacqueline Cowles STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this 2-5 day of 14 94 t.— , 2017, by Richard Cowles and Jacqueline Cowles, husband and wife. Notary Public' ' ~ GREGG" THOMPSON� �,� NY PUBLfC - MINNESpTA �'6'+1 OTAREVkes Jan. 31, 2021 7 CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT Signature Page of City CITY: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of _ , 2017, by Mike Maguire and Christina M. Scipioni, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. THIS INSTRUMENT WAS DRAFTED BY: ............. ........_........ Notary Public Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-4768) K IA uAl LO 0 C � � v d vco mCL 32 � f {*' iw to.ci N y IA uAl LO 0 ROSC PES %5-on6le lc,-Acapmg Project Estimate Rich Cowles 1819 Taconite Trail Eagan, MN 55122 Project: Rain Garden, Erosion Control, Front yard Native Planting, & Rain Barrel Date: April 15, 2017 Proposal #1: RAIN GARDEN, NATIVE PLANTING & EROSION CONTROL - Excavate and install rain garden (approximately 50sq.ft. and 9" depth) in front yard as shown on concept plan; - Install 9x9" NDS drain basin, drain tile and emitter to route water from down spout to new raingarden; - Remove sod from additional 600 sq.ft. in front yard for conversion of turfgrass to native planting; - Add soil to cover exposed roots in eroded areas around/under Norway Maple (soil source from rain garden excavation). Include branch thinning in Norway Maple to allow more sunlight to reach groundlayer for encouraging plant growth; - Haul away excess soil and sod; - Install 4 yards of shredded hardwood mulch at 2 -inch depth in all areas to be planted; - Install (3) 5 gallon shrubs, (25) 1 gallon perennials for raingarden area, and (110) 3" potted native perennials for the area around Norway maple/shallow roots; - Overseed/slit-seed grass seed into west and southwest edge of planting area to reveg etate/stabilize.. 3000.00 Proposal #2: INSTALL RAIN BARREL - Create elevated and stable rain barrel base (modular -block retaining wall base on class 5 base) to raise rain barrel approximately 18 -inches above grade. - Install rain barrel and downspout diverter (barrel & diverter supplied by City of Eagan). :400.00 Total $3.400,00 Agenda Information Memo May 2, 2017 Eagan City Council Meeting CONSENT AGENDA U. Cost -Share, Operation and Maintenance Agreement 1380 Wilderness Run Drive Action To Be Considered: Approve a Cost Share, Operation and Maintenance Agreement with the William and Mary Lubanovic (1380 Wilderness Run Drive) to help implement a Shoreland and Upland Buffer Project at East Thomas Lake through the Water Quality Cost -Share Partnership Program and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On December 4, 2012, the City Council approved a Water Quality Cost -Share Partnership Program (Program), the purposes of which are to: 1) improve water quality in downstream public waterbodies; 2) reduce stormwater runoff into the storm sewer system and public waterbodies; 3) preserve, protect and enhance native plant communities around public waterbodies; and 4) educate and engage the public on the value of improving public water resources, and to develop empowerment and partnership opportunities. ➢ The Program is funded from the stormwater utility fund and is being administered by Water Resources staff according to City Council priorities as designated in approved capital improvement programs, lake management plans, and development agreements. The Program is provided up to $50,000 annually in the 2017-2021 Public Works Department's Capital Improvement Program. ➢ William and Mary Lubanovic will engage a specialized contractor to prepare, plant, and establish a shoreland buffer at East Thomas Lake, on approximately 805 square feet of the parcel and along approximately 72 linear feet of shoreline, to protect shoreland and upland soils from erosion, reduce stormwater runoff and nutrient impacts to East Thomas Lake and enhance native plant communities. ➢ The property owners will be responsible for long-term maintenance of the site for a minimum of the next 10 years. The shoreland project will serve as a demonstration area that will be viewable from the lake and the street for effective Shoreland Buffer/Restoration practices for other Eagan shoreland residents. ➢ The project should be substantially completed by the end of 2017 at a total estimated cost of $4,125. An estimated cost -share of about $3,100 (maximum of 75% of project costs) from the City will be matched by approximately $1,025 of funding (25% of project costs) from the Lubanovic's. Attachments (1) CU -1 Cost -Share, Operation and Maintenance Agreement CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT This Cost Share, Operation and Maintenance Agreement ("Agreement") is made this day of , 2017, by and between William A. Lubanovic and Mary A. Lubanovic, husband and wife (the "Owners"), and the City of Eagan, a Minnesota municipal corporation (the "City"), (collectively the "Parties"). WHEREAS, the Owners are the fee title holder of real property located at 1380 Wilderness Run Drive, Eagan, Minnesota, and legally described as follows: Lot 1, Block 1, WILDERNESS RUN FIRST ADDITION., Dakota County, Minnesota (the "Property"); WHEREAS, the Owners desire to perform a water quality improvement project (the "Project") to install Shoreland and Upland Buffer Protection (the "Improvements"), as depicted on and in accordance with the proposal attached hereto as Exhibits A & B and incorporated herein (the Exhibits will be referred to as the "Plans and Specifications"); WHEREAS, the Owners have submitted an application for assistance with the Project under the City's Water Quality Cost Share Partnership Program (the "Program"); WHEREAS, the City finds that the Project will serve a public purpose by supporting one or more of the following public water resource priorities: a. improving water quality in downstream public waters; b. reducing stormwater runoff into the public storm -sewer system and public waters; c. preserving, protecting and enhancing native plant communities around public waters; and d. educating and engaging the public on the value of improving public water resources, and empowerment and partnership opportunities; WHEREAS, the City finds that the Owners and the proposed Project meet the eligibility requirements for participation in the Program; and WHEREAS, the City agrees to provide the Owners with certain financial and technical assistance for the Project through the Program, subject to the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and obligations of the Parties hereinafter set forth, the Parties agree as follows: 1. Plans and Specifications. a. Owners'.__ Resnonsibility . The Owners shall be responsible for development of the plans/design, specifications and itemized cost estimate for the Improvements (the "Plans and Specifications"). b. Citi Review. The Owners shall submit the Plans and Specifications to the City for review and written approval by the City Engineer or his designee prior to installation of the Improvements. Notwithstanding the foregoing, the Owners shall be solely responsible to determine the adequacy of the Plans and Specifications and to comply with all applicable laws and regulations, and the City shall have no liability for the Plans and Specifications or the Improvements. c. Modification of Plans and Specifications. Any modification to the approved Plans and Specifications must be approved in writing by the City Engineer or his designee. 2. Installation. a. Standards. The Improvements shall be installed in accordance with the approved Plans and Specifications. b. Labor and Materials. The Owners shall select, obtain and pay for all labor and materials for the Project, consistent with the Plans and Specifications, subject to partial reimbursement as provided in this Agreement. c. Photographs. The Owners shall take photographs to document the Project. d. Time for Comoletion. The Project must be completed within one year from the date of execution of this Agreement, unless an extension has been requested and granted by amendment of this Agreement. e. Report. Within 30 days after completion of the Project, the Owners shall submit to the City Engineer or his designee a project completion report in a form required by the City (including supporting photographs). 2 3. Reimbursement. a. Reimbursement Re,luest. After the Improvements are completed and approved by the City Engineer or his designee, the Owners shall submit to the City Engineer or his designee a written request for reimbursement including (i) a detailed itemization of costs, (ii) original receipts or paid invoices and (iii) itemization and documentation of the Owners' Match as defined below (collectively the "Reimbursement Request")- b. equest"). b. Reimbursement Amount. The City shall reimburse the Owners pursuant to the Reimbursement Request for up to $3,100 for eligible project costs, and not to exceed seventy-five percent (75 %) of total Project costs. c. Reimbursement Schedule. The City shall issue reimbursement to the Owners within thirty (30) days of receipt of a completed Reimbursement Request. d. Eli.,:ble Costs. All Project costs will be reviewed and verified by the City Engineer or his designee as eligible, practical and reasonable. The City reserves the right to make adjustments to the Project costs submitted for reimbursement based on this review. Subject to the foregoing, the following Project costs are eligible for reimbursement: i. Materials for the Improvements. ii. Contracted labor costs for site preparation, installation and establishment period (2 years maximum period post -installation) of the Improvements. iii. Contracted design / engineering fees, and soil -analysis, but only if approved in writing by the City Engineer or his designee before contracted design / engineering / soil -analysis work begins. e. Ineli+able Expenses. i. Notwithstanding any provision of this Agreement to the contrary, purely aesthetic components of the Improvements are not eligible for reimbursement and shall not be considered part of the Project costs. ii. Funding will only cover work performed after this Agreement has been signed, with the exception of pre -project planning / design / engineering costs that may be allowed to be included, determined on a case-by-case basis, if pre -approved in writing by the City Engineer or his designee. f. Owners' Match. i. The Owners shall be responsible for a minimum of twenty-five percent (25 %) of Project costs, which can include in-kind labor value. 4. Maintenance. a. Maintenance Obligation. For a period of ten (10) years commencing on the date the Improvements are completed and approved by the City Engineer or his designee, the Owners shall maintain and repair, when necessary, the Improvements in accordance with the Plans and Specifications. b. Maintenance Costs. The Owners shall be solely responsible for all costs associated with long-term maintenance and repairs of the Improvements. 5. Inspections and Report. a. Annual Ins=pections. The Improvements shall be inspected annually, between May 15 and October 15, by a Qualified Person selected by the Owners to determine whether or not the Improvements are functioning in accordance with the Plans, Specifications and this Agreement. As used in this Agreement, the term "Qualified Person" shall mean a person approved by the City Engineer based on shoreland and upland buffer best management practice training and experience. City Water Resources staff are considered Qualified Persons, with no fee to Owners. If choosing to use an independent Qualified Person, the Owners' responsibilities under this Section shall be at the Owners' sole cost and expense. If, as a result of the inspection, the Improvements are determined not to be functioning in accordance with the Specifications and this Agreement, the Owners shall restore/repair the Improvements to function as specified herein. b. Citi Notification._ and Inde,endent Inspection. The City shall be notified at least 24 hours prior to independent annual inspections or any significant maintenance of the Improvements and, at the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Property to inspect the Improvements at any time to evaluate the installation and maintenance of the Improvements. c. Ins;)ection and Maintenance Report. If using an independent Qualified Person, the Owners shall submit a report to the City Engineer or his designee by e-mail or mail, no later than thirty (30) days after any annual inspection and/or maintenance of the Improvements, providing the following information: i. Date and time of inspection. ii. Log of findings. iii. Date and time of maintenance. iv. Details of maintenance performed. v. Photographic documentation. 6. Standards for Performance. Any act of construction, installation, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 51 7. Right of Entr N . The City, its agents and employees shall have the right to enter the Property to inspect and to implement the terms of this Agreement. The City, its agents and employees shall not be subject to or liable for any claims of trespass in connection with such entry. Indemnification. The Owners shall indemnify and hold the City and its City Council members, officers, employees, agents, representatives, attorneys, successors and assigns, harmless from any and all claims arising out of or related to (i) the installation, use, maintenance, repair, removal, damage or destruction of the Improvements, (ii) injury to the Owners or any third party caused by or related to the Improvements, and (iii) damage to real property or personal property of the Owners or any third party caused by or related to the Improvements. 9. Amendment Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owners, on behalf of themselves and their successors and assigns, expressly acknowledge and agree that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, and may condition consent upon such terms as the City deems desirable. The Owners, on behalf of themselves and their successors and assigns, further agree and covenant, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 10. Remedies for Default. a. Termination. If the Owners fail to perform the Owners' obligations as and when required under this Agreement (a "'Default"), and fails to cure such Default within thirty (30) days after the City gives written notice to the Owner specifying the Default, subject to such extension as may be reasonably necessary due to weather conditions, then the City may terminate this Agreement by written notice to the Owners. b. Repayment. Upon termination of this Agreement, the City Engineer or his designee shall determine the amount, if any, by which the reimbursement to the Owners for Project costs under this Agreement exceeded the public benefit received by the City from the Project (the "Overage"). The Owners shall repay the Overage to the City within thirty (30) days after receipt of an invoice from the received by the City from the Project (the "Overage"). The Owners shall repay the Overage to the City within thirty (30) days after receipt of an invoice from the City describing the calculation and the amount of the Overage. If the Owners fail to timely repay such funds, the Owners shall be responsible for the City's attorneys' fees and costs enforcing this Agreement, including costs of collection. c. Force Maieure. Notwithstanding the foregoing, the Owners shall not be liable for repayment of funds received under this Agreement if the failure was caused by reasons proven to be beyond the Owners' control. 11. Duration. This Agreement shall be for a term of ten (10) years and shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 12. Recording Ayreement. The City will record this Agreement against the Property with the Dakota County Recorder's Office within thirty (30) days of full execution of this Agreement, and shall provide the Owners with verification of this recording. 13. Governing Law; Venue. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. Any dispute regarding this Agreement shall be venued in the State of Minnesota District Court in Dakota County. Owners' (or Representative's) Contact Information for Longi; -Term Ins P ection/Maintenance: Owners: William A. Lubanovic 1380 Wilderness Run Road Eagan, MN 55123 Mary A. Lubanovic 1380 Wilderness Run Road Eagan, MN 55123 Telephone: 651-452-0162 Email: Bill@madscheme.com IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of the date first listed above. [Signature pages follow] G IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of the date first listed above. OWNERS: William A. Lubanovic Mary A. Lubanovic STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this Z%!�-day of � , 2017, by William A. Lubanovic and Mary A. Lubanovic, husband and wife. Notary Publi 1d �'' j GREGG" THOMPSON NOTARY PUBIC . MINNESOTA My C4W-ISW n EViw Jan. 31, 2021 7 CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT Signature Page of City CITY: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: - Christina M. Scipioni Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2017, by Mike Maguire and Christina M. Scipioni, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. 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Cost -Share, Operation and Maintenance Agreement 3757 Blackhawk Point Action To Be Considered: Approve a Cost Share, Operation and Maintenance Agreement with Richard Dean (3757 Blackhawk Point) to help implement a Shoreland and Upland Buffer Project at Blackhawk Lake through the Water Quality Cost -Share Partnership Program and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On December 4, 2012, the City Council approved a Water Quality Cost -Share Partnership Program (Program), the purposes of which are to: 1) improve water quality in downstream public waterbodies; 2) reduce stormwater runoff into the storm sewer system and public waterbodies; 3) preserve, protect and enhance native plant communities around public waterbodies; and 4) educate and engage the public on the value of improving public water resources, and to develop empowerment and partnership opportunities. ➢ The Program is funded from the stormwater utility fund and is being administered by Water Resources staff according to City Council priorities as designated in approved capital improvement programs, lake management plans, and development agreements. The Program is provided up to $50,000 annually in the 2017-2021 Public Works Department's Capital Improvement Program. ➢ Richard Dean will engage a specialized contractor to prepare, plant and establish a Shoreland and Upland Buffer System at Blackhawk Lake, on approximately 3,470 square feet of the parcel along 116 linear feet of shoreline, to protect shoreland and upland soils from erosion, reduce stormwater runoff impacts to Blackhawk Lake and enhance native plant communities. ➢ The property owners will be responsible for long-term maintenance of the site for a minimum of the next 10 years. The shoreland project will serve as a demonstration area that will be viewable from the lake and the street for effective Shoreland Buffer/Restoration practices for other Eagan shoreland residents. ➢ The project should be substantially completed by the end of 2017 at a total estimated cost of approximately $13,000. An estimated cost -share of about $10,000 (maximum of 75% of project costs) from the City will be matched by approximately $3,000 of funding (25% of project costs) from the property owner. Attachments (1) CV -1 Cost -Share, Operation and Maintenance Agreement CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT This Cost Share, Operation and Maintenance Agreement ("Agreement'') is made this day of , 2017, by and between Richard A. Dean (the "Owner") and the City of Eagan, a Minnesota municipal corporation (the "City"), (collectively the "Parties"). WHEREAS, the Owner is the fee title holder of real property located at 3757 Blackhawk Point, Eagan, Minnesota, and legally described as follows: Lot 9, Block 1, BLACKHAWK HILLS ADDITION, Dakota County, Minnesota (the "Property"); WHEREAS, the Owner desires to perform a water quality improvement project (the "Project") to install Shoreland and Upland Buffer Protection (the "Improvements"), as depicted on and in accordance with the proposal attached hereto as Exhibits A & B and incorporated herein (the Exhibits will be referred to as the "Plans and Specifications"); WHEREAS, the Owner has submitted an application for assistance with the Project under the City's Water Quality Cost Share Partnership Program (the "Program"); WHEREAS, the City finds that the Project will serve a public purpose by supporting one or more of the following public water resource priorities: a. improving water quality in downstream public waters; b. reducing stormwater runoff into the public storm -sewer system and public waters; c. preserving, protecting and enhancing native plant communities around public waters; and d. educating and engaging the public on the value of improving public water resources, and empowerment and partnership opportunities; WHEREAS, the City finds that the Owner and the proposed Project meet the eligibility requirements for participation in the Program; and WHEREAS, the City agrees to provide the Owner with certain financial and technical assistance for the Project through the Program, subject to the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and obligations of the Parties hereinafter set forth, the Parties agree as follows: 1. Plans and Specifications. a. Owner' Responsibility. The Owner shall be responsible for development of the plans/design, specifications and itemized cost estimate for the Improvements (the "Plans and Specifications"). b. Cit; Review. The Owner shall submit the Plans and Specifications to the City for review and written approval by the City Engineer or his designee prior to installation of the Improvements. Notwithstanding the foregoing, the Owner shall be solely responsible to determine the adequacy of the Plans and Specifications and to comply with all applicable laws and regulations, and the City shall have no liability for the Plans and Specifications or the Improvements. c. Modification of Plans and Specifications. Any modification to the approved Plans and Specifications must be approved in writing by the City Engineer or his designee. 2. Installation. a. Standards. The Improvements shall be installed in accordance with the approved Plans and Specifications. b. Labor and Materials. The Owner shall select, obtain and pay for all labor and materials for the Project, consistent with the Plans and Specifications, subject to partial reimbursement as provided in this Agreement. c. Photographs. The Owner shall take photographs to document the Project. d. Time for Coml.letion. The Project must be completed within one year from the date of execution of this Agreement, unless an extension has been requested and granted by amendment of this Agreement. e. Report. Within 30 days after completion of the Project, the Owner shall submit to the City Engineer or his designee a project completion report in a form required by the City (including supporting photographs). 2 3. Reimbursement. a. Reimbursement Rec uest. After the Improvements are completed and approved by the City Engineer or his designee, the Owner shall submit to the City Engineer or his designee a written request for reimbursement including (i) a detailed itemization of costs, (ii) original receipts or paid invoices and (iii) itemization and documentation of the Owner's Match as defined below (collectively the "Reimbursement Request")- b. equest"). b. Reimbursement Amount. The City shall reimburse the Owner pursuant to the Reimbursement Request for up to $10,000 for eligible project costs, and not to exceed seventy-five percent (75 %) of total Project costs. c. Reimbursement Schedule. The City shall issue reimbursement to the Owner within thirty (30) days of receipt of a completed Reimbursement Request. d. Eligible Costs. All Project costs will be reviewed and verified by the City Engineer or his designee as eligible, practical and reasonable. The City reserves the right to make adjustments to the Project costs submitted for reimbursement based on this review. Subject to the foregoing, the following Project costs are eligible for reimbursement: i. Materials for the Improvements. ii. Contracted labor costs for site preparation, installation and establishment period (2 years maximum period post -installation) of the Improvements. iii. Contracted design / engineering fees, and soil -analysis, but only if approved in writing by the City Engineer or his designee before contracted design / engineering / soil -analysis work begins. e. Ineligible Expenses. L Notwithstanding any provision of this Agreement to the contrary, purely aesthetic components of the Improvements are not eligible for reimbursement and shall not be considered part of the Project costs. ii. Funding will only cover work performed after this Agreement has been signed, with the exception of pre -project planning / design / engineering costs that may be allowed to be included, determined on a case-by-case basis, if pre -approved in writing by the City Engineer or his designee. f. Owner's Match. i. The Owner shall be responsible for a minimum of twenty-five percent (25 %) of Project costs, which can include in-kind labor value. 3 4. Maintenance. a. Maintenance Obli,,.ation. For a period of ten (10) years commencing on the date the Improvements are completed and approved by the City Engineer or his designee, the Owner shall maintain and repair, when necessary, the Improvements in accordance with the Plans and Specifications. b. Maintenance Costs. The Owner shall be solely responsible for all costs associated with long-term maintenance and repairs of the Improvements. 5. Inspections and Reports. a. Annual Inspections. The Improvements shall be inspected annually, between May 15 and October 15, by a Qualified Person selected by the Owner to determine whether or not the Improvements are functioning in accordance with the Plans, Specifications and this Agreement. As used in this Agreement, the term "Qualified Person" shall mean a person approved by the City Engineer based on shoreland and upland buffer best management practice training and experience. City Water Resources staff are considered Qualified Persons, with no fee to Owner. If choosing to use an independent Qualified Person, the Owner's responsibilities under this Section shall be at the Owner's sole cost and expense. If, as a result of the inspection, the Improvements are determined not to be functioning in accordance with the Specifications and this Agreement, the Owner shall restore/repair the Improvements to function as specified herein. b. Cit Notification and Independent Inspection. The City shall be notified at least 24 hours prior to independent annual inspections or any significant maintenance of the Improvements and, at the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Property to inspect the Improvements at any time to evaluate the installation and maintenance of the Improvements. c. Insr,ection and Maintenance Retiort. If using an independent Qualified Person, the Owner shall submit a report to the City Engineer or his designee by e-mail or snail, no later than thirty (30) days after any annual inspection and/or maintenance of the Improvements, providing the following information: i. Date and time of inspection. ii. Log of findings. iii. Date and time of maintenance. iv. Details of maintenance performed. v. Photographic documentation. 6. Standards for Performance. Any act of construction, installation, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike mariner pursuant to sound engineering practices and in compliance with all applicable govermnental requirements. 21 7 Rio„ht of Ent. -r . The City, its agents and employees shall have the right to enter the Property to inspect and to implement the terms of this Agreement. The City, its agents and employees shall not be subject to or liable for any claims of trespass in connection with such entry. 8. Indemnification. The Owner shall indemnify and hold the City and its City Council members, officers, employees, agents, representatives, attorneys, successors and assigns, harmless from any and all claims arising out of or related to (i) the installation, use, maintenance, repair, removal, damage or destruction of the Improvements, (ii) injury to the Owner or any third party caused by or related to the Improvements, and (iii) dainage to real property or personal property of the Owner or any third party caused by or related to the Improvements. 9 Amendment. Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owner, on behalf of himself and his successors and assigns, expressly acknowledge and agree that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, and may condition consent upon such terms as the City deems desirable. The Owner, on behalf of himself and their successors and assigns, further agree and covenant, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 10. Remedies for Default. a. Termination. If the Owner fail to perform the Owner's obligations as and when required under this Agreement (a "Default"), and fails to cure such Default within thirty (30) days after the City gives written notice to the Owner specifying the Default, subject to such extension as may be reasonably necessary due to weather conditions, then the City may terminate this Agreement by written notice to the Owner. b. Repayment. Upon termination of this Agreement, the City Engineer or his designee shall determine the amount, if any, by which the reimbursement to the Owner for Project costs under this Agreement exceeded the public benefit received by the City from the Project (the "Overage"). The Owner shall repay the Overage to the City within thirty (30) days after receipt of an invoice from the City describing the calculation and the amount of the Overage. If the Owner fails Overage to the City within thirty (30) days after receipt of an invoice from the City describing the calculation and the amount of the Overage. If the Owner fails to timely repay such funds, the Owner shall be responsible for the City's attorneys' fees and costs enforcing this Agreement, including costs of collection. c. Force Majeure. Notwithstanding the foregoing, the Owner shall not be liable for repayment of funds received under this Agreement if the failure was caused by reasons proven to be beyond the Owner's control. 11. Duration. This Agreement shall be for a term of ten (10) years and shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 12. Recording Agreement. The City will record this Agreement against the Property with the Dakota County Recorder's Office within thirty (30) days of full execution of this Agreement, and shall provide the Owner with verification of this recording. 13. Governing Law: Venue. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. Any dispute regarding this Agreement shall be venued in the State of Minnesota District Court in Dakota County. Owner's (or Representative's) Contact Information for Lony-Term Inspection/Maintenance: Owner: Richard A. Dean 3757 Blackhawk Point Eagan, MN 55122 Telephone: 651-681-5749 Email: rich.dean al ihfoster.com IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of the date first listed above. [Signature pages follow] IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of the date first listed above. OWNER: ff � Richard A. Dean STATE OF MINNESOTA ) ) SS. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this 1-5 day ofLL L— , 2017 by Richard A. Dean. r- i GREGG ALAN � MSON NOTARY PUBLIC WY CWVkSiW Eames lan. 31, 2021 N r CITY: 7 Notary Publ' CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT Signature Page of City CITY: CITY OF EAGAN, a Minnesota municipal corporation By: _ Mike Maguire Its: Mayor By - Christina M. Scipioni Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2017, by Mike Maguire and Christina M. Scipioni, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-4768) wt4� 1 m 0 0 al c m 0 c a CL ci Lv a 7� c W C m a0 a c CL E c Vi I� 0 B II O p 6 w +r4 ® 1 a m m uj W o . 4 UJ /T1 f 311 tx G fl7 C„3 00 L7 M LU th a�a eq r e�f 0) 0 0 0 W C O OE N C o " vi 0 Ns 0 cn (D0 C � N0 C14 N O cn LO r CD cu m �ti mZ� Exhibit B L 0 o C) N jzCL N 0 C IL C �+ L O d► GC cu G V 0 W t v � M N T- N Z C w Q c y O O a A 0 t0 d a 0) 0 0 0 W C O OE N C o " vi 0 Ns 0 cn (D0 C � N0 C14 N O cn LO r CD cu m �ti mZ� Exhibit B .4G (D 2 D V N 0 CL A O Y o 0 N N O � r_N C c0.? m Exhibit B (cant.) C) C N o 0 W C � O U 0) 0 N N N = o U) L T m C .L3-. m U) Z Exhibit B (cont.) 0 0 0 E i O O C E O � L (D � O c 0 ww``• U O L O m U m L w •; p m L t .� U O = N N t/1 O L O L CO 0 0 a- O E> O — m m m di Q) N u 'a 0 c 440- C- _ N N C (D 4% E 0 C m Q. 0 E O m m CLVim. 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N O O V d N w- O C o c fA E �, 0 Z V C O t OU > O - U 7+ 'D O G C �` L N N O%� o 2 0 CL rn m 3 ca c E w U ' O i6 to O N O -W E tC Q' r A to :� y i LJ V PIA :Z C3 C O V O O N OO 0 C N E NO = N 5 0 O C 0 N (D m _— •_ O C O m O _ N Q L, m NL cn C -� C O E N O O w co U O N _ N .�- O = o C O O U N V O CL m a O O N m a N O >_ C \ N O U co t OL a O � O (� O O � U 0 OCD = CL t 'a N V O E O w C +- N O N .C- C L L aN, O =O .- cLo w U O V O O a C Q O �+ o N N vm m aD C O � 3 3 lC t6 N S O 3 N 5 O O N O C M n N -a_ O C. r N C O co N c 0 a' — t6 O N cc 3 o L C ,- L O O v=i "O E U) y v N w0 O O CL u.- CD U C O C M O C- N N U `� o m O-0 N N t co.L .r w O C O `� F- N N N � C o -a C- C v C N QS , N '0o O O .- ccs 0 C o_ O O c>o 2 U m M N N C 'E V m >� O F— N +�+ Y E N tm °% > - � E C O .� N t9 > 0 0 CL O U c 0 SOC to E N a m ..O N ) - U s 3 S` O 3 L N M a E ~' tm O co N V o o N >+ 3 0 O t ns w C o i D U O 7 A v_ > Q. _ N CO O -Oa m Exhibit B (cont.) *r .O 4 ; i 0 ct 2 U C U N C O O O 0 Cl 121 v h 0 0 L h all 0 c co cu CL u Z6 Exhibit B (cont.) RS U Q C U y N O 0 0 M d 5 U) Q Z G 02 v O C o c C m L 0 a L n t4 N O Z co 2 O w lu O V � w O = V O O L a w _ t CD 0 L S c � Z w a COLO w Z �� L: to m O O N w vofL cc +L+ d 0 y V in ) a r cL CL Agenda Information Memo May 2, 2017, Eagan City Council Meeting CONSENT AGENDA W. Approve Final Subdivision for Quarry Road Addition — United Properties Actions To Be Considered: To approve a Final Subdivision (Quarry Road Addition) to create four lots upon approximately 24 acres located north of Yankee Doodle Road and west of Coachman Road. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The Preliminary Subdivision for Quarry Road Addition was approved October 18, 2016. The subdivision creates two lots for multi -family residential use, and two lots for commercial use. ➢ The plat dedicates right-of-way for Quarry Road to the west boundary of the site, and maintains existing and creates new easements as needed for drainage and utility purposes. ➢ The development plans and plat have been reviewed by staff and are consistent with the preliminary approvals. ➢ All documents and agreements are anticipated to be in order for execution at the City Council meeting on May 2, 2017. Issues: None Attachments: (3) CW -1 Location Map CW -2 Final Plat CW -3 Development Contract and Other Agreements o_ •N io � -a > 00 _ O M O . �o LL C.. O i I- ' ' Z N 0 a o _ '_ V d _. E is - O 0 Y 2 L 2 r m }+ R� as t0 :d a rn 3 o Cl •�• w r L+ O c 1 1 � ��% i 2 a s aT. m' aE(D v o _r m Q. 4 a z O 0 za a m m� o d 0 a � U 1c J S 37 C) ---_� _— 091769 $�.+' IO,OOo —--------______. _______C1 L]i �I ,�________oc�ssa Iq p o I" z 4p, N 3� I rr I ' ,�________oc�ssa I � 1 , r — 3 n m n 4L ------ 1� a __________—e ioFxrovoaox-- rT 1 NII 0X11 ' r. 141 3 z ^" S I I I � `. Nos :z'+YW ttYnaY 3a 6 _lew J_ "LIl JA o 7 � 1 , r _lew J_ "LIl JA o 7 b 1 7 DEVELOPMENT CONTRACT BY AND BETWEEN THE CITY OF EAGAN AND UNITED PROPERTIES DEVELOPMENT LLC FOR THE DEVELOPMENT OF QUARRY ROAD ADDITION THIS INSTRUMENT WAS DRAFTED BY- DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 RBB/kmw (206-37696) THIS AGREEMENT, made and entered into the day of . 2017, by and between the City of Eagan, a Minnesota municipal corporation, ("City"); and United Properties Development LLC, a Minnesota limited liability company, ("Developer"). WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as Quarry Road Addition located within the City, and WHEREAS, the City approved the plat on condition that the Developer enter into this contract and furnish the security required by it; NOW, THEREFORE, the City and Developer agree as follows: SECTION I DEFINITIONS 1.1 Definitions. In this instrument the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof clearly requires otherwise: City - The City of Eagan, a Minnesota municipal corporation. City Code - The codification of the ordinances of the City of Eagan. Contract - This Agreement and the terms and conditions contained herein. Contract Management Account - Account with the City of Eagan established by the Developer as part of the existing Development Deposit Agreement to cover inspection and other administrative costs to the City in connection with the improvements to or for the Subdivision to be installed or constructed by Developer. Developer - United Properties Development LLC, a Minnesota limited liability company. Whenever the term 1 Developer is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property. Development - The subdivision of the Property and the installation and construction of all Improvements required in order to make the Property suitable for the Developer's intended use, as approved by the City. Development Manager - Rick McKelvey, whose address is 651 Nicollet Mall, Suite 450, Minneapolis, MN 55402, and who is hereby authorized by the Developer to address any and all concerns of the City in regard to the Development and is also designated by the Developer to receive any and all notices, official or otherwise, from the City as required by this Contract. Engineer - Daniel Parks, MN License No. 18919, a registered professional engineer licensed to practice in the State of Minnesota. Financial Guaranty - Cash collateral and/or letter of credit as approved by the City of Eagan to guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of Special Assessments, construction of all improvements and payment of the cost of all improvements. Improvements - Improvements required to make the Property suitable for the Developer's intended purposes, to be done according to the required plans submitted to the City, such improvements to include, but not limited to: grading and drainage; sanitary sewer system; water system; storm sewer; storm water retention ponds; streets; concrete curb and gutter; street signs; street lights; utilities and all related appurtenances; wetland delineation; landscaping; tree preservation; tree loss mitigation; surveying; staking; setting of lot and block monuments, and parkland boundaries, mailbox supports and trails and sidewalks, if applicable. Insurance - Public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the 2 Developer's work or the work of Developer's subcontractors or by one directly or indirectly employed by any of them in amounts identified in Section 2.2. Landscape Architects - Kevin Teppen, MN License No. 26980, a registered professional landscape architect licensed to practice in Minnesota. Owner - The fee owner of the Property, any contract for deed holder, or any other person or entity having a legal and/or equitable interest in the fee ownership of the property. For purposes of this Agreement, the tenn "Developer" shall include any and all owners. Plat - The subdivision of the Property into lots and blocks, easements, streets and public rights-of-way as shown on the attached Exhibit "A" and subject to the conditions attached hereto as Exhibit `B': Permit to Proceed - A written letter issued by the City setting forth that all conditions precedent to Development have been satisfied and that the Developer may proceed with construction of the Improvements. Property - Land located in the City of Eagan, County of Dakota, State of Minnesota, which is subject to being subdivided by .the Developer into the Plat shown on Exhibit "A" attached hereto. Public Improvements - Any type of improvement as defined by Minnesota Statutes §429.011 et al., which will be maintained and owned by the City. Special Assessments - The special assessments to be levied against the Property if Developer does not pay the Connection and Availability Charges as set forth in the Fee Schedule of Section 9.2. Standards - Requisite guidelines adopted by the City of Eagan as amended from time to time, including but not limited to the Master Sanitary Sewer and Water Plans; Storm Sewer Plans; Transportation Plans; Soil Erosion Control Plans; Landscaping Plans; and Engineering Standards' et al; Water Quality Management Plans, on file with the City of Eagan at City Hall. Subdivision - The separation of property into lots and blocks as approved by the City Council, upon the compliance with (i) all conditions and requirements of applicable regulations and (ii) conditions and requirements upon all which preliminary approval is expressly conditioned. Surveyor - Craig W. Morse, MN License No. 23021, a registered land surveyor licensed to practice in the State of Minnesota. SECTION H PLAT APPROVAL 2.1 Commencement of Improvements. Within the Plat or Property to be platted, the Developer may not commence Improvements, other than any grading permitted under Section 4.3 of the City Code, until all the following conditions have been satisfied: A) The necessary Financial Guaranty has been received and accepted by the City. B) The City has received evidence that the Plat has been filed with Dakota County. C) The City has issued a Permit to Proceed. 2.2 Insurance. The Developer shall take out or cause to be taken out and maintain, until six (6) months after the City has accepted the Public Improvements, a policy of Insurance with limits for bodily injury and death of not less than $500,000.00 per person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $500,000.00 for each occurrence; or a combination single limit policy of $1,000,000.00 or more. The Developer shall file with the City a certificate evidencing coverage and naming the City and its officers and agents as additional insured, prior to the City signing the Plat. The certificate shall provide that the City must be given FA thirty (30) days advance written notice of the modification, amendment or cancellation of the insurance. 2.3 Effect of Subdivision Ap roval. For two years from the date of this Contract, no amendments to the City's Comprehensive Guide Plan or Official Controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Plat, unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. SECTION III DEVELOPMENT PLAN 3.1 Required Plans. The Property shall be developed in accordance with the following designated plans, which plans form a part of this Contract; however, the plans are not attached to this Contract. The following plans must have been prepared by Developer's Engineer, Architect, Landscape Architects, and/or Surveyor with duly noted certification thereon, and shall have been submitted and approved by the City. If the plans vary from the written terms of this Contract, the written terns shall control. The plans submitted for this Plat are: Plan I - Plat, prepared by: Craig W. Morse, Minnesota License No. 23 02 1. Plan II - Site Plan dated Feb. 13, 2017, with a final revision date of April 19, 2017, prepared by: Daniel Parks, Minnesota License No. 18919. Plan III - Grading Plan dated Feb. 13, 2017, with a final revision date of April 19, 2017, prepared by: Daniel Parks, Minnesota License No. 18919, 5 Plan IV - Utility Plan dated Feb. 13, 2017, with a final revision date of April 19, 2017, prepared by: Daniel Parks, Minnesota License No. 18919. Plan V - Street and Storm Sewer Plan Plan dated Feb. 13, 2017, with a final revision date of April 19, 2017, prepared by. Daniel Parks, Minnesota License No. 18919. Plan VI - Sanitary Sewer and Water Main dated Feb. 13, 2017, with a final revision date of April 19, 2017, prepared by: Daniel Parks, Minnesota License No.18919. Plan VII - Storm Sewer Plan dated Feb. 13, 2017, with a final revision date of April 19, 2017, prepared by: Daniel Parks, Minnesota License No. 18919. Plan VIII - Erosion Control Plan dated Feb. 13, 2017, with a final revision date of April 19, 2017, prepared by Daniel Parks, Minnesota License No. 18919. Plan IX - Tree Preservation Plan dated Feb. 13, 2017, with a final revision date of April 19, 2017, prepared by Daniel Parks, Minnesota License No. 18919. Plan X - Project Specifications dated Feb. 13, 2017, with a final revision date of April 19, 2017, prepared by Daniel Parks, Minnesota License No. 18919. Developer has contracted with Xcel Energy to prepare a Street Light Plan. 3.2 Plan Requirements. All the plans referred to herein as prepared by the Engineer, Architect, Landscape Architect and/or Surveyor must be in confonnance with the Standards adopted by the City. Submission of the required plans by the Developer shall act as a representation by the Developer that the plans are designed properly and that the Improvements will properly function as designed. 3.3 Permits. It is the responsibility of the Developer to determine and obtain prior to the issuance of the Permit to Proceed all the necessary approvals, permits, and licenses from the City of Eagan; Minnesota Department of Transportation; County Highway Department; Board of Soil and R Water Resources; railroads; utility companies; Minnesota Department of Natural Resources; Army Corp of Engineers; Minnesota Pollution Control Agency, Metropolitan Council; Minnesota Department of Health and any other regulatory or jurisdictional agency affected by or having jurisdiction over the Improvements required for this development. Any design requirements of such agencies shall be determined prior to completion and incorporation into the plans and specifications. All costs incurred to obtain said approvals, permits, and licenses and also all fines or penalties levied by any agency due to the failure of the Developer to obtain or comply with the conditions of such approvals, permits, and licenses shall be the sole responsibility of the Developer. The Developer agrees to defend and hold the City harmless from any action initiated by a regulatory agency resulting from any failure of the Developer, The Developer is required to obtain a General Storm Water Permit for Construction Activity from the Minnesota Pollution Control Agency (MPCA). This permit shall remain in full force and effect during the course of development and until the Developer files a Notice of Termination of the permit with the MPCA. The Notice of Termination shall not be filed until all grading and temporary/ permanent erosion control measures required by the MPCA and the City, and set forth in the Grading & Erosion Control Plan. SECTION IV PERFORMANCE OF IMPROVEMENTS 4.1 General. All Improvements to the Property by or on behalf of the Developer shall be done in conformance with this Contract; state statutes and regulations; and the City Code and Standards promulgated thereunder. It is understood and agreed that the failure of the City to promptly take action to enforce this Contract, State Statutes, the City Code and/or Standards will not act as a waiver or release of any rights of the City. 7 4.2 Completion Dates. Improvements required shall be completed no later than the following dates: Item: a) Site Grading b) Restoration c) Right -of -Way Site Swvey Pins d) Lot Corner Pins e) Public Utilities (water, sanitary sewer, storm sewer) f) Street (concrete curb & non -wear course paving) g) Streets (wear course paving) h) Public Trails i) Yankee Doodle Road Turn Lane j) Storm Pond/ Filtration Basins k) Street Lights 1) Landscaping Date: Nov. 30, 2017 Nov. 30, 2017 May 31, 2018 May 31, 2018 July 31, 2018 Oct. 30, 2018 Oct. 30, 2019 Oct. 30, 2018 Oct. 30, 2018 Nov. 30, 2017 Nov. 30, 2018 Nov. 30, 2018 Should the Developer fail to finish each designated item by the designated date, the Developer shall pay and reimburse the City for all additional actual and reasonable costs incurred by the City as a result of such failure. Any extension to the above noted completion dates must be approved by City Council Resolution and shall be conditioned upon updating the Financial Guaranty posted by the Developer to reflect any additional costs. 4.3 Preconstruction of Improvements Meeting.. Upon the securing of all Permits required in Paragraph 3.3 and the payment of all escrows and money deposits required by the City, the Developer shall coordinate a preconstruction meeting with the City Staff at a mutually agreeable time at City Hall to include the Development Manager, to review the program for construction of the Improvements and to assure that all required Standards have been satisfied. 4.4 Erosion Control _& Stormwater Management. Before the site is disturbed, and any utility construction is commenced or building permits are issued, the Erosion Control Plan (Plan VIII), shall be implemented by the Developer and inspected by the City. The City or its designated agent may, in their discretion, impose additional reasonable erosion control requirements for maintenance purposes as identified in the Standards. All areas disturbed by grading, excavation and backfilling operations shall be restored in accordance with the Restoration Plan (Plan III) within fourteen (14) days after the completion of the work in that area, but no later than the date set forth in Paragraph 4.2. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the Erosion Control & Stormwater Management Plan or the supplementary instructions imposed by the City or its designated agent, in conformance with its Standards, the City may take such action as it deems appropriate to control erosion. Except in cases of emergency, the City will notify the Developer ten (10) days in advance of any proposed action, but failure of the City to do so will not affect the City's rights or Developer's obligations hereunder. The Developer shall reimburse the City for all related actual and reasonable costs the City incurred for such work within thirty (30) days of notice by the City of the actual costs paid by the City. The City may draw on the Financial Guaranty to pay all costs incurred under this Section. No Development and related activity shall be allowed, and no building permits will be issued until the Property is in full compliance with the erosion control requirements. Within thirty (30) days after completion of the grading and before the City releases the security, the Developer shall provide the City with an "as constructed" Grading Plan certified by a registered land surveyor or engineer that all ponds/basins, swales, and ditches have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) Cross sections of ponds with volume totals, b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches and installed "conservation area" posts, and c) lot corner elevations and house pads. The City will withhold E issuance of building permits until the approved certified Grading Plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. 4.5 Subdivision Lot Corners. Within one (1) year from the date of this Contract, the Developer shall verify by written notice to the City that all Subdivision lot corner pins have been installed. 4.6 Performance. The Developer shall instruct its Engineer to provide adequate field personnel to assure an acceptable level of quality control. The Engineer must be able to certify to the City that the installed Improvements meet the City Standards as a condition of City acceptance. In addition, the City may, at the City's reasonable discretion and at the Developer's expense, have one or more City inspectors and/or civil engineers inspect the work on a full or part time basis. The Developer, its managers, engineers, contractors and sub -contractors shall follow all instructions received from the City or its designated agents. 4.7 License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections required or permitted to be performed by the City under this Contract in conjunction with the Development. 4.8 Occupancy. No occupancy of any building on any lot of said plat shall occur until water and sanitary sewer and storm sewer/drainage facilities and public access with a miniminn of gravel base and curb and gutter have been installed, inspected and deemed available for use by the City. The Developer shall be responsible to maintain reasonable access to any occupied building, including street maintenance such as grading, graveling, patching and snow removal and ice control prior to City acceptance of ownership pursuant to Paragraph 5.3. 10 SECTION V INSPECTIONS AND COMPLETION 5.1 Insisection. The City or its designated agent shall periodically inspect the Improvements installed by the Developer, its contractors, sub -contractors or agents. Any inspections made pursuant hereto shall be done for the sole benefit of the City; however, such reports shall be delivered to the Development Manager within a reasonable time following inspection. The Developer hereby waives any right to rely on or to be assured of any approval by reason of any inspection. The Developer, its contractors, and sub -contractors shall follow all reasonable instructions received from the City or its designated agents covered, to allow the City an opportunity to inspect the Improvement work. The Developer shall notify the City Public Works Department at least two (2) full working days prior to the commencement of the site grading operation, laying of utility lines, sub -grade preparation, the laying of gravel base or bituminous surfacing for street construction or any other Improvement work which shall be substantially buried or covered. Should the Developer fail to timely notify the City to allow the City to inspect the work, the City may at the City's option, require the Developer to uncover and/or replace or reconstruct any of the before -mentioned work in such a manner so as to provide the City with an opportunity for inspection. 5.2 Completion. Within thirty (30) days after completion of the Improvements, the Developer shall supply the City with a complete set of reproducible As -Built plans in accordance with City Standards. Likewise, the Developer shall give written notice within thirty (30) days of the completion of Improvements, that the Improvements have been completed in accordance with the City Code, Standards and the plan and specifications on file with the City. The City shall then inspect the Improvements and notify the Developer of any Improvements that do not appear to 11 conform to the City Code, Standards and/or the submitted plans and specifications. If Developer's Irnprovements do not conform to the City Code, Standards and submitted plans and specifications or are later discovered to not conform, the City shall immediately notify the Development Manager of the need for repair or replacement. The City may, in cases of emergencies, proceed to cure the default by Developer, the Developer hereby waiving any and all rights to notice of default. Any reasonable and actual cost incurred by the City to cure the default shall be the financial obligation of the Developer, and shall be paid to the City within thirty (30) days of receipt of a bill for such costs. 5.3 Ownership and Acceptance of Public Improvements. After satisfactory completion of the Public Improvements and verification by the City personnel that the work and construction required by this Contract complies with all codes, standards and approved plans, and upon acceptance by the City Council the Public Improvements lying within public easements and right-of-ways shall become City property. 5.4 Clean -uta. The Developer shall clean dirt and debris from streets, storm water conveyance systems (including sumps), pondsibasins, wetlands and adjoining property that resulted from construction work by the Developer, its agents or assigns. SECTION VI FINANCIAL GUARANTY 6.1 The Amount. The final Subdivision shall not be approved and no work shall be commenced under this Contract until the Developer has deposited with the City a Financial Guaranty in the total amount of Eight Hundred Eighty-nine Thousand, Seven Hundred Sixty-eight and No/100 Dollars ($889,768.00) securing the full performance of this Development Contract. The 12 Developer shall furnish the City with the Financial Guaranty from a bank or lending institution acceptable to the City. The amount of the Financial Guaranty was calculated as follows: A - EWPROVEMENTS Item Amount Street Identification/Tmffic Control Signs $ 3,500 Street Lights $ 12,000 Lot Corners $ 600 Subdivision Monuments $ N/A Mail Box Support Structures $ N/A Landscaping $ N/A (to be collected w/ Pond/ Filtration Basin each building permit) Tree Mitigation $ 72,300 Erosion Control $ 53,000 Grading & Restoration (RAV) $ 7,500 Grading & Restoration (site less R/W) $ 68,950 Subtotal A Improvements $217,850 B - PUBLIC IMPROVEMENTS Item Amount Watermain Lateral with Services $ 91,860 Sanitary Sewer Lateral with Services $ 50,460 Storm Sewer $119,100 Streets $195,480 Trails $ 18,960 Pond/ Filtration Basin $ 35,000 As Builts $ 6,000 Legal, Financial and Engineering $155,058 Subtotal B Public Improvements $671,918 TOTAL A + B Improvements $889,768 This breakdown is for historical reference only. It is not a restriction on the use of the Financial Guaranty. The bank or financial institution and the form of the Financial Guaranty shall be subject 13 to the approval of the City Finance Director and City Attorney. The bank or financial institution must have a business office for presentment of the Financial Guaranty within the Minnesota seven county Metropolitan Area. The City may draw down the Financial Guaranty to pay for all reasonable and actual costs and expenses incurred by the City to enforce this Contract including the costs incurred by the City in connection with the collection of the Financial Guaranty. Such costs to include any remediation or completion of Improvements. If the Financial Guaranty is drawn down, the proceeds shall be used to cure the default and, to the extent possible, reimburse the City its costs and expenses. 6.2 Terms. The Financial Guaranty may be for a stated term provided it is automatically renewable. The City may draw on the Financial Guaranty, without notice, after an Event of Default has occurred under this Contract, which has not been remedied within any applicable cure period or upon receiving notice that the Financial Security will be allowed to lapse. If the required Improvements are not completed at least thirty (30) days prior to the expiration of the Financial Security, the City may also draw down the Financial Security. 6.3 Claims. In the event that the City receives claims from subcontractors or materialmen that work required by this Contract has been performed and money due them have not been paid, and the subcontractor or materialmen are seeking payment out of the Financial Guaranty posted with the City, the Developer hereby authorizes the City, at the City's discretion, to commence an Interpleader action pursuant to Rule 22 of the Minnesota Rules of Civil Procedure for the District courts at the Developer's expense, to include court costs and attorney fees. The Developer further authorizes the City to draw upon the Financial Guaranty in the amount of one hundred twenty-five percent (125%) of the claim together with attorneys' fees and court costs, and to deposit the funds in compliance with the Rule. Upon such deposit, the Developer shall release, 14 discharge and dismiss the City from any further proceedings as it pertains to the fiends deposited with the District Court, except that the Court shall retain jurisdiction to determine the amount of attorneys' fees, costs and expenses owed to the City pursuant to this Contract. 6.4 Contract Manai=ent Account. The payment of all sums due hereunder is in addition to the sum of Forty-three Thousand Seventy-two and No/100 Dollars ($43,072.00) paid or to be paid by Developer as a contract management fee as identified in the existing Development Deposit Agreement signed by Developer. SECTION VII PARK AND TRAIL DEDICATION 7.1 Park Dedications. The Developer shall pay a cash contribution in satisfaction of the City's park dedication requirements as provided for by the City Code. The contribution shall be paid with the issuance of building pen-nit(s), in accordance with the agreement attached hereto as Exhibit "C". 7.2 The Developer shall grade and install the sidewalks and trails located upon, over and across both sides of Quarry Road and also on the areas depicted in the trail easement attached as Exhibit "D." The installation shall be performed in accordance with the Standards. Installation shall occur prior to the issuance of any Certificate of Occupancy and the Developer shall deposit a financial security for its performance hereunder as noted in Paragraph 6.1 hereof. 7.3 Water Quality. Pursuant to the City's Water Quality Management Plan, the Developer shall meet the City's Post Construction Stormwater Management Requirements (City Code 4.34) for stormwater management and surface water quality, including Runoff Rate Control and Volume Control (Alternative #2) on the site's new and fully -reconstructed impervious surface 15 areas (including effective soil remediation for the site's disturbed soils that are to be revegetated), as per the approved plan set, stormwater management plan, and conditions of approval. 7.4 Use of Park Prop . The Developer is prohibited from storing heavy construction equipment upon dedicated park land or trailways. Furthermore, the Developer shall notify the Parks and Recreation Department within seventy-two (72) hours of the completion of the establishment of all property line monumentations adjacent to dedicated or existing park land to allow the City the opportunity to identify the park boundary lines. Failure to notify the City within this time period or to perform this lot corner monumentation prior to building permit issuance for lots adjacent to the park land will obligate the Developer to pay for any surveying costs incurred by the City to establish these boundaries. SECTION VIII WARRANTY 8.1 Desi, -i: Material and Workmanship. Unless a longer warranty period is provided by Minnesota law, the Developer warrants all Improvements required to be performed by Developer, its agents and employees, against poor design, engineering, materials and faulty workmanship for a period of two (2) years after acceptance by the City (pursuant to Paragraph 5.3 hereof). Developers shall provide a warranty bond(s), in an amount equal to fifty (50%) percent of the Public Improvements as identified in Paragraph 6. 1, for a two (2) year period commencing upon the City's acceptance of the Public Improvements. The Developer shall be solely responsible for the cost and expense to perforin all required repair work to City Standards within thirty (30) days of written notification by the City. 16 SECTION IX ASSESSMENTS AND CONNECTION CHARGES 9.1 Improvements. All special assessments for the Public Improvement Project installed by the City of Eagan as identified in this Contract shall be spread equally over 15 years, together with a rate of interest as determined by the City Council, using as a basis the interest paid by the City for the general obligation bonds necessary to finance the Public Improvements. The Developer hereby waives any rights to a hearing or notice of a hearing relating to the special assessments and also expressly waives any right to object to such assessments, as provided for under Minn. Stat. §429.081. 9.2 Financial Obligation. The Developer shall pay and hereby waives any right to object to the payinent of any Connection and Availability Charges for the utilities provided by the City. PID 10-00900-79-010 has previously paid all Trunk and Lateral Utility Fees. PID 10-00900-80- 010 owes the balance of a "large lot credit" remaining from a previous assessment to that parcel. The Developer also waives the right to object to the levying of the assessment for the Connection or Availability Charges. The Connection and Availability Charges have been computed using the City's adopted Fee Schedule as follows: ITEM [2UANTITY RATE AMOUNT Water Main — Trunk 0.39 acres $3,361.20/acre $1,310.87 Sanitary Sewer — Trunk 0.39 acres $3,183.50/acre $1,241.57 Storm _Sewer —Trunk 16,499 s.f. a $ 0.20/s.f_ _ X3.299.80 TOTAL $5,852.24 If not paid in full. within thirty (30) days, any balance due will be levied as a special assessment with interest accruing from the date of final plat approval. The Developer hereby waives any rights to a hearing or notice of a hearing relating to the special assessments and also expressly waives any 17 right to object to such assessments, as provided for under Minn. Stat. §429.081 and shall execute the waiver in the form of Exhibit "E" attached hereto. SECTION X RESPONSIBILITY FOR COSTS 10.1 Development of Subdivision. Developer shall pay all costs incurred by Developer, its agents and contractors, or the City in conjunction with the Development, including but not limited to: legal; planning; engineering and inspection expenses; permits; the cost of persons doing work or furnishing skills, tools, machinery or materials; costs of easements, if applicable; the cost of surveys and compliance tests, including environmental assessments and/or environmental impact statements, indirect source permit and traffic studies, if required; and inspecting and correcting deficiencies within the development of the Plat. 10.2 Hold Harmless. The Developer shall hold the City and the City's officers, employees, and agents harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Plat approval, the Development and/or the breach of this Contract. The Developer shall indemnify the City and the City's officers, employees, and agents against all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. 10.3 Reimbursement. The Developer shall reimburse the City for reasonable and actual costs incurred in the enforcement of this Contract, including engineering and attorneys' fees, court costs, expert witness fees and administrative expenses. Moreover, the Developer shall pay in full all bills submitted to it by the City, for obligations incurred under this Contract, within thirty (3 0) days of receipt. If the bills are not paid on time, the city may halt construction of the Improvements until In the bills are paid in M. Bills not paid within thirty (30) days shall accrue interest at the rate of eight (8%) percent per year. 10.4 Pa hent of Special Assessments. The Developer shall pay or cause to be paid when due and in any event, before any penalty is attached, all Special Assessments referred to in this Contract. 10.5 Additional Chanes. In addition to the charges and Special Assessments referred to herein, other charges may be imposed such as but not lirnited to, sewer availability charges, City water connection charges, water availability charges, City sewer connection charges and building permit fees. 10.6 Waiver. On behalf of itself and all the successors and assigns having an interest in the Property, the Developer waives all rights it may have now or in the future to repayment or reimbursement of any fees or charges paid to the City, which is identified in this Contract. SECTION XI EVENT OF DEFAULT 11.1 Occurrence. Each of the following occurrences shall constitute an event of default under this Contract. a) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under this Contract. b) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under the City Code and/or City Standards. c) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under any license, permit or approval required by any regulatory or jurisdictional agency affecting the Plat. 19 d) Developer shall fail to perform any required curative or remedial action pursuant to a notification of the need for such action by the City of any other regulatory or jurisdictional agency affected by or having jurisdiction over the Plat, within thirty (30) days of such notification, unless otherwise provided for in this Contract. e) Failure by the Developer to pay when due any and all costs associated with the Development, including but not limited to any fees and costs incurred by the City, engineering, administrative and legal expenses. f) Failure of the Developer to maintain the required Financial Guaranty or other required security with the City. g) Failure by the bank or financial institution that issued the Financial Guaranty to pay on demand by the City. SECTION XII REMEDIES 12.1 Performance b4 the Cites. In the event of a default by the Developer, the City may, at the City's option, perform the work in default and the Developer shall promptly reimburse the City for any expense incurred by the City. Except in emergency situations, the City shall endeavor to give the Developer notice of default forty-eight (48) hours prior to the City perfonning curative work. 12.2 Assessment. When the City does any work as a result of the Developer's default or upon failure of the Developer to make payment upon billing when due, the City may proceed to assess the costs in whole or in part against the Property, or may proceed to collect on the Financial Guaranty. It is expressly agreed and understood herein, that this Developer waives any notice of hearing and any rights to objection to the assessments so levied by the City. 20 12.3 Revocation of Permit to Proceed. In the event of a default, the City may issue a stop work order to Developer, its agents, contractors, or sub -contractors to cease all or any work being performed on the Property. Such stop work order may include the ceasing of the construction of any Improvements. 12.4 Emergency. In the event of an emergency, the thirty (30) day notice provision shall be and hereby is waived in its entirety by the Developer and the Developer shall reimburse the City upon being billed thereof for any expenses so incurred by the City in the same manner as if mailed notice as described hereinbefore had been given. 12.5 Cumulative RiL,11ts and Non -Waiver. The rights and remedies available to the City shall be cumulative and the enforcement by the City of one right shall not act as waiver of any other right available to the City. 12.6 Denial of Buildin{� Permits. An event of default shall be grounds for denial or revocation of building permits, including permits issued in connection with lots sold to third parties. SECTION XIII RELEASE OF FINANCIAL SECURITY 13.1 General. Periodically upon Developer's written request and upon completion and verification of satisfactory compliance or final approval by the City (per Paragraph 5.3 of this Agreement) of any installed Improvements, or the payment of special assessments levied in connection with the Public Improvement Project, a like percentage of that portion of the Financial Guaranty covering those specific Improvements or Public Improvement Project may be released; except however the final twenty percent (20%) of the Financial Guaranty shall be held until a final acceptance (by the City) of all required Development Contract Requirements. At the time of final Inspection of all Improvements, if it is determined by the City that the submitted plans and 21 specifications were not strictly adhered to or that work was done without City inspection, the City may require that the Developer post a cash escrow equal to one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as the City deems necessary, not to exceed five (5) years. SECTION XIV RELEASE OF DEVELOPER LIABILITY 14.1 Release. Upon submittal by Developer of the required As -Built Plans for each Plan identified in Paragraph 3. 1, and upon satisfactory determination of completion of the Improvements pursuant to Paragraph 5.2 and payment of all costs owed to the City, the Developer may apply in writing for a release of its obligations under this Contract, save and except for those imposed pursuant to Paragraphs 8.1, 10.2 and 10.4. The City Council, after review by the City personnel, may authorize the release of the Developer from its obligations under this Contract by appropriate resolution. SECTION XV MISCELLANEOUS 15.1 Comi)liance. The Developer represents to the City that the Plat complies with all City, county, metropolitan, state and federal laws and regulations including, but not limited to: Subdivision ordinances; zoning ordinances; and enviromnental regulations. If the City determines that the Plat does not comply, the city may at its option refuse to allow construction or development work on the Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 22 15.2 Authorization. By the execution hereof, the Developer represents and warrants that it has all the authorization and power necessary to make this Contract binding upon itself, its heirs, successors and assigns. 15.3 Third Parties. Third parties shall have no recourse against the City under this Contract. 15.4 Invalidity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 15.5 Run with_ the Land. This Contract shall run with the land and may be recorded against the title to the Property. By the execution of this Agreement, the Developer for itself, its successors and assigns, acknowledges that the property shall be affected by the terms and conditions contained herein. 15.6 Non-assianability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property or any part of it. 15.7 Pressure Reducing Valve Requirements. The Owner and Developer understand and agree that all lots in the Quarry Road Addition are in an intermediate water pressure zone area. A pressure reducing valve shall be installed in each new building below 875 foot elevation at the Owner and Developer's expense to prevent any damage to the water system because of high water pressure. The Owner and Developer shall so inform all potential and prospective buyers of Lots 1 & 2, Block 1, and Lots 1 & 2, Block 2, Quarry Road Addition of this Agreement attached as Exhibit "F". 23 SECTION XVI NOTICES 16.1 General. All notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and sent by United States registered mail or hand delivered. The addresses of each party may be changed at any time or from time to time by notice given by said party to the other party. 16.2 If to City, mail to the City of Eagan, 3830 Pilot Knob Road, P.O. Box 21199, Eagan, Minnesota 55121, Attention: City Administrator. 16.3 If to Developer, mail to the Development Manager, IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF EAGAN: By: Mike Maguire Its: Mayor Attest: Christina M, Scipioni Its: City Clerk (SEAL) 24 DEVELOPER/OWNER: United Properties Development LLC By: Its: _ Date: DEVELOPMENT CONTRACT APPROVED AS TO FORM: By: Eagan City Attorney Date: -//0-7 � 17 APPROVED AS TO CONTENT: By: Community Development Department Date: 25 STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this day of , 2017, before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and CHRISTINA M. SCIPIONI, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2017, by , and the EM respectively, of United Properties Development LLC, a Minnesota limited liability company, on behalf of the limited liability company. ivotary runic 26 A. a N EXHIBIT B Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Easements and Rights -of %, 1. This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights-of-way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate accordance with requirements Stormwater. Management Plan. Plans and Specifications adequate drainage and ponding easements, in set forth in the latest version of the City's All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a permanent cul-de-sac, or temporary cul-de-sac to be removed upon further extension (on stub streets), constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights-of-way as required by the alignment of the cul-de-sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval, E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation. and ifijigation This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as allowed under the City's tree preservation ordinance and as approved by the City Council. H. Stormwater_Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stonnwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. I. Wetlands Protection and ManaLement. 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. Platting 2. The property shall be platted. 3. 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 4. 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 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. 5. A combined Overall Planting Plan, incorporating both the landscape and mitigation plantings, shall be provided at the time of Final Subdivision. 6. The applicant shall fulfill tree mitigation requirements through the installation of one - hundred sixty-six (166) Category A trees. 7. 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. 8. 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 9. 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 10. 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. 11. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 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). 12. 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). 13. 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. 14. 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 4 applicant shall revise the design and/or construction plans (e.g. over-excavation/soil- amendment depth, etc.) to maximize volume control provided. 15. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide constriction 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.). 16. 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). 17. 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 a 2 -year establishment/maintenance period) by an experienced native plant buffer restoration contractor. 18. 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.). 19. 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.). 20. 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. 21. 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 22. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 23. All well and septic systems within the development shall be abandoned in accordance with City and County standards. Telecommunications 24. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall G 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 25. The extension of Quarry Road through the development shall be the responsibility of the developer. 26. 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. 27. The west end of Quarry Road shall be designed with an alignment that is acceptable to the City Engineer. 28. "No Parking/Fire lane" signage shall be installed along all private streets within the development. Easements/Rights-of-Way/Permits 29. 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. 30. A trail easement shall be provided for any public trail that is not located in public right- of-way. Parks and Recreation 31. 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. 32. 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. 7 A S E w R 5 8 u MAI g� 3 pg6yg 99 }g yE g �F log nN'as�io nNvin�isn�- � N 1 I aws mrae•n � I i � I I I I I r•� b W- I zB vi 3A & 3 S 3 `Jd .J ;` 3 I I a I € �ab r F- DDT788 �,10.00eD0S �...—of-___1 I p� 1-'+$ I i Q�a i Cc g + a r uj Iys n .,2 `.� l All .6 g C C aft4 44 7 ---- `_ate___-OPI�I-SIAiP�i6�' 1A 1 11 Al ER VJ \ $ / \ _•-•� •\ — 4• - Cf'!ot N.le.N— O ' I r 1 � -- uarDa,ra, I 3Jil47J Cc dirlaJ?,;0� 'o" NOU.:35 JC V3-v- o 0 a+a.+oxrJo. I I I I 1 $ 1 i I u, 0.10.71/18 wilaSSVONd 37000.^. 33w f OWas F ms wm r--- ----'___----- ____w•Tn-'------'---------- ---i vw cc qq ! 1 \ I I I oz I y ` th oFl \ 1 ti ��+•� l , 1sN fc.nn.o (� — -------------------- bi to / 1 ! I � _ [uw,w ! 9 k ume .,nwrva• I npp� iI 8T ' rom sarn.au •n .. c -- -------------------nom----------_"-- ----I---- --�'— mnnr 'LLB 3 AOe I 7fY11.3 �J }LN5'd .L:`J3:':24) RTN:IQOY S31'08yY.: I I rI If �6 ! 9 I � t I npp� iI 8T ' EXHIBIT L°C" QUARRY ROAD ADDITION PARK DEDICATION AGREEMENT This Park Dedication Agreement ("Agreement") is made and entered into this day of 2017, by and between United Properties Development LLC, a Minnesota limited liability company (hereinafter referred to as "Owner"), and the City of Eagan, a Minnesota municipal corporation (hereinafter referred to as "City"). WHEREAS, the Owner has applied to the City for approval of the plat or subdivision known as Quarry Road Addition, located within the City; and WHEREAS, the Owner acknowledges and agrees to pay Park Dedication fees to the City as set forth hereunder. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the Owner agrees as follows: 1. RECORDING. This agreement shall be recorded with the Dakota County Recorder so as to provide notice to the owners of all lots and outlets within Quarry Road Addition. 2. PAYMENT. Owner will pay the Park Dedication requirements for Lots 1 and 2, Block 1 and Lots 1 and 2, Block 2, Quarry Road Addition, upon or prior to obtaining a building permit and in accordance with the following schedule: Owner acknowledges that all Park Dedication Fees may increase and are due and payable upon or prior to obtaining a building permit, and shall be based upon the rate then in effect. 1 Bldg. Area s.L*/ Amount # Resid. Units Dedication Due Lot 1, Block 1 96 units $3,475/unit $333,600.00 Lot 2, Block 1 183 units $3,475/unit $635,925.00 Lot 1, Block 2 108,168 s.f $939/1,000 s.f. $101,569.75 Lot 2, Block 2 43,270 s.f. $939/1,000 s.f $ 41,053.08 Owner acknowledges that all Park Dedication Fees may increase and are due and payable upon or prior to obtaining a building permit, and shall be based upon the rate then in effect. 1 3. VA,IDPrx. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. 4. BnynitlG. The Owner mutually recognizes and agrees that all terms and conditions of this agreement shall run with the land herein described and shall be binding upon the successors, administrators and assigns of the Owner. [SIGNATURE PAGES TO FOLLOW] Signature Page of Owner QUARRY ROAD ADDITION PARK DEDICATION AGREEMENT United Properties Development LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) )SS COUNTY OF DAKOTA ) The foregoing instrument was ackno edged before me th - 20172. by of United Pr 1. ernes Development LLC, a Mil company, on behalf of the limited ability company, Notary Public 3 day of the limited liability Signature Page of City QUARRY ROAD ADDITION PARK DEDICATION AGREEMENT CITY OF EAGAN a Minnesota municipal By: Mike Its: Mavo; . Christiane M. Scipioni Its: Clerk APPROVED AS T ONTENT: / APPROVED AS TO FORM: By: City Planner XBy: City Attorney STATE OF MINNESOTA ) ss COUNTY OF DAKO ) On this _� day of 2017 before me a Christina M. Scipioni tole personally known, who being eadl by me duly sworn, each did say that they are respectiv�' y the Mayor and Clerk of the City o .agan, the municipality named in the foregoingsk�unent, and that the seal affixed in behalf o' said municipality by authority of its City Cou scxl and said Mayor and Clerk acknowledged said 11 1 aent to be the free act and deed of said,unicipality. THIS INSTRUMENT WAS DRAFTED BY: Notary Public COMMUNITY DEVELOPMENT DEPARTMENT CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122 4 i EX MIT "D" TRAIL EASEMENT This Trail Easement is made this day of 2017 by and between United Properties Development LLC, a Minnesota limited liability company (hereinafter the "Landowner"), and the City of Eagan, a Minnesota municipal corporation, organized under the laws of the State of Minnesota (hereinafter the "City"). WITNESSETH: That the Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, forever, a 10.00 foot wide public trail easement over, under and across Lot 1, Block 2, QUARRY ROAD ADDITION, Dakota County, Minnesota. The centerline of said easement described as follows: Commencing at the southeast corner of said Lot 1, thence North 89 degrees 44 minutes 34 seconds West, assumed bearing, along the south line of said Lot 1, a distance of 5.00 feet'to the point of beginning; thence North 00 degrees 15 minutes 26 seconds East, a distance of 320.39 feet; thence northwesterly, along a tangential curve to the west, having a radius of 64.67 feet, delta angle of 16 degrees 37 minutes 57 seconds, for a distance of 18.77 feet; thence North 16 degrees 22 minutes 30 seconds West, tangent to said curve, a distance of 78.05 feet, to the north line of said Lot 1 and the point of termination. Sidelines of said easement are to be prolonged or shortened to end at the north and south lines of said Lot 1. Together with: A 13.00 foot wide public trail easement over, under and across Lot 1 and Lot 2, Block 1, QUARRY ROAD ADDITION, Dakota County, Minnesota. The centerline of said easement described as follows: Commencing at the southeast corner of said Lot 1, thence South 70 degrees 21 minutes 23 seconds West, assumed bearing, along the south line of said Lot 1, a distance of 12.91 feet to the point of beginning; thence North 19 degrees 38 minutes 37 seconds West, a distance of 66.64 feet; thence northerly, along a tangential curve to the east, having a radius of 51.00 feet, delta angle of 17 degrees 38 minutes 23 seconds, for a distance of 15.70 feet; thence North 00 degrees 00 minutes 00 seconds East, tangent to said curve, a distance of 182.00 feet; thence northeasterly, along a tangential curve to the east, having a radius of 29.00 feet, delta angle of 25 degrees 17 minutes 40 seconds, for a distance of 12.80 feet; thence North 25 degrees 17 minutes 40 seconds East, tangent to said curve, a distance of 431.24 feet; thence northwesterly, along a tangential curve to the southwest, having a radius of 15.00 feet, delta angle of 115 degrees 17 minutes 40 seconds, for a distance of 30.18 feet; thence North 90 degrees 00 minutes 00 seconds West, tangent to said curve, a distance of 287.80 feet, to the east line of said Lot 1 and the point of termination. Sidelines of said easement are to be prolonged or shortened to end at the east and south lines of said Lot 1. See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for trail purposes includes the right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and maintain a sidewalk and/or trail and erect and maintain signs in conjunction with the publids use of said sidewalk and/or trail and any signs erected in conjunction with the use of the sidewalk and/or trail. And the Landowner, for itself, and its successors and assigns, does covenant with the City, its successors and assigns, that it is the fee owner of the lands and premises aforesaid and has good right to grant and convey the easements herein to the City. IN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed as of the day and year first above written. I' ted Properties Dev- pment LLC, a M esota limitc�;Kability company LIN 2 OF MINNESOTA) )ss. ,OF —_ ) The Negoing instrument was acknowledged before me this day t� 2017, by _. __ _> the - of United Properties Deve � �ment LLC, a Minnesota limited liability company, h behalf of the limited liability company., t ary Public APPROVED AS TO FORM: City Attorneys Office Dated: APPROVED AS TO Public Works Dated: / THIS INSTRUMENT WAS DRAFTED BY. DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 RBB/kmw: 206-37696 (Easement No. 1324) 3 Alle of 1.01 E, Wook I fnf IA WF I North line of A ri r-\ 1-7-1/-) __J R /') R A r% QUARRY ROAD k7i-I?Mjb"w 09 .... ... —Proposed Troll Eusamant '67 yy� ;:3 RA OL I z F "mod Savill trip# of Lat 1, Slook 9 - ,kNw8v*44'J4"W YANKCE DOODLE ROAD 600 (COUNTY ROAD NUMBER 26) Ibis of Lot Y, Mack 9 Westwood Mono C001)00.600 MOAnagrahlotIva RIM PDX (OSQ07409 444nFro 14,MI445444 chilkidl VIAV YOMW (080)IM-6100 WOM406pMM 0mal fty Wombed Px(duld"I nPAM Inc ftw—W&Lky/Adm� L of 40 1. D100 .0 4/7/2DI7 Easement yy� ;:3 OL F "mod Savill trip# of Lat 1, Slook 9 - ,kNw8v*44'J4"W YANKCE DOODLE ROAD 600 (COUNTY ROAD NUMBER 26) Westwood Mono C001)00.600 MOAnagrahlotIva RIM PDX (OSQ07409 444nFro 14,MI445444 chilkidl VIAV YOMW (080)IM-6100 WOM406pMM 0mal fty Wombed Px(duld"I nPAM Inc ftw—W&Lky/Adm� L of 40 1. D100 .0 4/7/2DI7 Easement EXHIBIT i0E" WAIVER OF HE, Special Assessment Authorization The undersigned hereby requests and authorizes the City of Eagan, Minnesota (Dakota County) to assess the following described property owned by it: Lots 1 and 2, Block 1 and Lots 1 and 2, Block 2, Quarry Road Addition, City of Eagan, County of Dakota, Minnesota; for the benefit received from the following identified public improvement project: ITEM QUANTITY RATE . AMOUNT Water Main — Trunk 0.39 acres $3,361.20/acre $1,310.87 Sanitary Sewer —Trunk 0.39 acres $3,183.50/acre $1,241.57 Storm Sewer—Trunk 16,499 s.£ s 0.20/s.f. '3,299.80 TOTAL $5,852.24 to be spread over fifteen (15) years at a rate of 4% per annum. The undersigned, for itself, its successors and assigns, hereby consents to the levy of these assessments, and further, hereby waives notice of any and all hearings necessary, and waives objections to any technical defects in any proceedings related to these assessments, and further waives the right to object to or appeal from these assessments made pursuant to this agreement, as provided for pursuant to Minnesota Statutes §429.d'Q . DATED: ry STTE OF ) ) ss. CO Y OF ) e foregoing instrument was aclmowledged before me this ci , of 2017 by �, the of Unite roperties Development LLC, a M' esota limited liability company, on behalf of the limited 1XIlity company. APPROVED AS TO City Attorney's Office Dated: APPROVED AS TO Public Dated: INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 RBB/kmw (206-37696) 2 Public 1:11: QUARRY ROAD ADDITION PRESSURE REDUCING VALVE AGREEMENT This Agreement, made and entered into the day of. , 2017, by and between the City of Eagan, a municipality of the State of Minnesota, (hereinafter called the City), and the Owner and the Developer identified herein. The term "Developer" as used herein refers to United Properties Development LLC, whose address is 3600 American Boulevard W. Suite 750, Minneapolis, MN 55431. The term "Owner" as used herein refers to United Properties Development LLC whose address is 7 United Properties Development LLC whose address is 3600 American Boulevard W. Suite 750, Minneapolis, MN. WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as Quarry Road Addition, located within the City; and WHERBAS, the Owner and Developer agree to notify the proposed potential buyers that Lots 1 & 2, Block 1, and Lots 1 & 2, Block 2, are in an intermediate water pressure zone and a pressure reducing valve shall be installed in each building below the elevation of 875 feet. All, costs shall be the responsibility of the Owner and Developer and shall be installed to prevent damage due to high water pressure. NOW, THEREFORE, the City, Owner and Developer agree as follows: 1. Recording. This agreement shall be recorded with the Dakota County Recorder so as to provide notice to the owners of Lots 1 & 2, Block 1, and Lots 1 & 2, Block 2. The Owner shall provide and execute any and all documents necessary to implement the recording of this agreement. 2. Notice. The recording of this document shall constitute notice to all owners and future owners of property in the subdivision that Lots 1 & 2, Block 1, and Lots 1 & 2, Block 2 are in an intermediate water pressure zone and that a pressure reducing valve shall be installed in each building below the elevation of 875 feet. All costs shall be the responsibility of the Owner and Developer and shall be installed to prevent damage due to high water pressure. 3. Validi . If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. 4. 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 heirs, successors, administrators and assigns ofthe owners and developers referenced in this Contract. OF EAGAN DEVEL0PERIO' IER: _ United Pro x- x- Development LLC a M�'rua`sota limited liability company By: Mike Maguire j By: _ Its: Mayor f Its: Attest: C ina Scipioxu Its: CKV Clerk STATE OF MINNESOTA) ss. V'OUNTY OF DAKOTA ) On this day of _ 2017, before me a Notary Public wi and i fors 4d County, personally appeared Mike Maguire and Christina M. Scipioni, to a personally knowl) who being each by me duly sworn, each did say that they are respec ' ely the Mayor and Cleric of ' ie City of Eagan, the municipality named in the foregoing i , ument, and that the seal affixed on ehalf of said municipality by authority of its City Coo' cil and said Mayor anal Cleric G acknowledg l said uzstiument to be the free act and deed of fd municipality. Notary Public APPROVED AS TO City Attorney's Office Dated: APPROVED AS arks -Department THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Ave., Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 RBB/kmw (206-37696) TRAIL EASEMENT This Trail Easement is made this day of , 2017 by and between United Properties Development LLC, a Minnesota limited liability company (hereinafter the "Landowner"), and the City of Eagan, a Minnesota municipal corporation, organized under the laws of the State of Minnesota (hereinafter the "City"). WITNESSETH: That the Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, forever, a 10.00 foot wide public trail easement over, under and across Lot 1, Block 2, QUARRY ROAD ADDITION, Dakota County, Minnesota. The centerline of said easement described as follows: Commencing at the southeast corner of said Lot 1, thence North 89 degrees 44 minutes 34 seconds West, assumed bearing, along the south line of said Lot 1, a distance of 5.00 feet to the point of beginning; thence North 00 degrees 15 minutes 26 seconds East, a distance of 320.39 feet; thence northwesterly, along a tangential curve to the west, having a radius of 64.67 feet, delta angle of 16 degrees 37 minutes 57 seconds, for a distance of 18.77 feet; thence North 16 degrees 22 minutes 30 seconds West, tangent to said curve, a distance of 78.05 feet, to the north line of said Lot 1 and the point of termination. Sidelines of said easement are to be prolonged or shortened to end at the north and south lines of said Lot 1. Together with: A 13.00 foot wide public trail easement over, under and across Lot 1 and Lot 2, Block 1, QUARRY ROAD ADDITION, Dakota County, Minnesota. The centerline of said easement described as follows: Commencing at the southeast corner of said Lot 1, thence South 70 degrees 21 minutes 23 seconds West, assumed bearing, along the south line of said Lot 1, a distance of 12.91 feet to the point of beginning; thence North 19 degrees 38 minutes 37 seconds West, a distance of 66.64 feet; thence northerly, along a tangential curve to the east, having a radius of 51.00 feet, delta angle of 17 degrees 38 minutes 23 seconds, for a distance of 15.70 feet; thence North 00 degrees 00 minutes 00 seconds East, tangent to said curve, a distance of 182.00 feet; thence northeasterly, along a tangential curve to the east, having a radius of 29.00 feet, delta angle of 25 degrees 17 minutes 40 seconds, for a distance of 12.80 feet; thence North 25 degrees 17 minutes 40 seconds East, tangent to said curve, a distance of 431.24 feet; thence northwesterly, along a tangential curve to the southwest, having a radius of 15.00 feet, delta angle of 115 degrees 17 minutes 40 seconds, for a distance of 30.18 feet; thence North 90 degrees 00 minutes 00 seconds West, tangent to said curve, a distance of 287.80 feet, to the east line of said Lot 1 and the point of termination. Sidelines of said easement are to be prolonged or shortened to end at the east and south lines of said'Lot 1. See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for trail purposes includes the right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and maintain a sidewalk and/or trail and erect and maintain signs in conjunction with the public's use of said sidewalk and/or trail and any signs erected in conjunction with the use of the sidewalk and/or trail. And the Landowner, for itself, and its successors and assigns, does covenant with the City, its successors and assigns, that it is the fee owner of the lands and premises aforesaid and has good right to grant and convey the easements herein to the City. IN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed as of the day and year first above written. United Properties Development LLC, a Minnesota limited liability company By: Its: 2 STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ 2017, by the Properties Development LLC, a Minnesota limited liability company, liability company. Notary Public APPROVED AS TO FORM: City Attorney's Office Dated: •1(�L-11 c7 APPROVED AS TO CONTENT: Public Works Department Dated: THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 RBB/kmw: 206-37696 (Easement No. 1324) _ day of _ of United on behalf of the limited Lot Block I ni IIA z It/ H -2D fz6 L 12:21, Lot f. Block 2 A r`% n I 'T/ r) A CD pz 50UM /Ole of Lot 1, Block 2 YANKEE DOODLE ROAD (COUNTY ROAD NUMBER 28; Westwood phang (, :,) 90Y.6160 MV9AarqjmmWvn 90A— Pox J0 .97-5029 BUbh Prnlrlb, MM 86041 Chitkadi yq11Fm (000)071-muo wamandramm DMIN rmiL Waliftod P(cfami6malSOM04 Ift L R-10.00 6564 00 QUARRY ROAD 6160 brook * Omtry Road Adftion Eaps, MN EXHIBIT Shoo oil 2 --jLa1L_ 4/7/2017 TXWI Ha"ment x4didt 0000650ESF04.dwg —Proposed Troll Easomont ..... ..... Z.17, iml Ik,e of W 1, Block 2 6160 brook * Omtry Road Adftion Eaps, MN EXHIBIT Shoo oil 2 --jLa1L_ 4/7/2017 TXWI Ha"ment x4didt 0000650ESF04.dwg QUARRY ROAD ADDITION PARK DEDICATION AGREEMENT This Park Dedication Agreement ("Agreement') is made and entered into this day of _, 2017, by and between United Properties Development LLC, a Minnesota limited liability company (hereinafter referred to as "Owner"), and the City of Eagan, a Minnesota municipal corporation (hereinafter referred to as "City"). WHEREAS, the Owner has applied to the City for approval of the plat or subdivision known as Quarry Road Addition, located within the City; and WHEREAS, the Owner acknowledges and agrees to pay Park Dedication fees to the City as set forth hereunder. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the Owner agrees as follows: 1. RECORDING. This agreement shall be recorded with the Dakota County Recorder so as to provide notice to the owners of all lots and outlots within Quarry Road Addition. 2. PAYMENT. Owner will pay the Park Dedication requirements for Lots 1 and 2, Block 1 and Lots 1 and 2, Block 2, Quarry Road Addition, upon or prior to obtaining a building permit and in accordance with the following schedule: Owner acknowledges that all Park Dedication Fees may increase and are due and payable upon or prior to obtaining a building permit, and shall be based upon the rate then in effect. 3. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. I Bldg. Area s.f.*/ Amount # Resid. Units Dedication Due Lot 1, Block 1 96 units $3,475/unit $333,600.00 Lot 2, Block 1 183 units $3,475/unit $635,925.00 Lot 1, Block 2 108,168 s.f. $939/1,000 s.f. $101,569.75 Lot 2, Block 2 43,270 s.f. $939/1,000 s.f. $ 41,053.08 Owner acknowledges that all Park Dedication Fees may increase and are due and payable upon or prior to obtaining a building permit, and shall be based upon the rate then in effect. 3. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. I 4. BINDING. The Owner mutually recognizes and agrees that all terms and conditions of this agreement shall run with the land herein described and shall be binding upon the successors, administrators and assigns of the Owner. [SIGNATURE PAGES TO FOLLOW] 2 Signature Page of Owner QUARRY ROAD ADDITION PARK DEDICATION AGREEMENT United Properties Development LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 2017, by day of the of United Properties Development LLC, a Minnesota limited liability company, on behalf of the limited liability company, 1V01ary 1 -MIC 3 Signature Page of City QUARRY ROAD ADDITION PARK DEDICATION AGREEMENT APPROVED AS TO CONTENT: By: City Planner STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) CITY OF EAGAN a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christine M. Scipioni Its: Clerk APPROVED AS TO FORM: . Is. By: City Attorney On this day of _ 2017 before me a Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. THIS INSTRUMENT WAS DRAFTED BY: Notary Public COMMUNITY DEVELOPMENT DEPARTMENT CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122 4 QUARRY ROAD ADDITION PRESSURE REDUCING VALVE AGREEMENT This Agreement, made and entered into the day of , 2017, by and between the City of Eagan, a municipality of the State of Minnesota, (hereinafter called the City), and the Owner and the Developer identified herein. The term "Developer" as used herein refers to United Properties Development LLC, whose address is 3600 American Boulevard W. Suite 750, Minneapolis, MN 55431. The term "Owner" as used herein refers to United Properties Development LLC whose address is 7 United Properties Development LLC whose address is 3600 American Boulevard W. Suite 750, Minneapolis, MN. WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as Quarry Road Addition, located within the City; and WHEREAS, the Owner and Developer agree to notify the proposed potential buyers that Lots 1 & 2, Block 1, and Lots 1 & 2, Block 2, are in an intermediate water pressure zone and a pressure reducing valve shall be installed in each building below the elevation of 875 feet. All costs shall be the responsibility of the Owner and Developer and shall be installed to prevent damage due to high water pressure. NOW, THEREFORE, the City, Owner and Developer agree as follows: 1. Reeordin,-,. This agreement shall be recorded with the Dakota County Recorder so as to provide notice to the owners of Lots 1 & 2, Block 1, and Lots 1 & 2, Block 2. The Owner shall provide and execute any and all documents necessary to implement the recording of this agreement. Notice. The recording of this document shall constitute notice to all owners and future owners of property in the subdivision that Lots 1 & 2, Block 1, and Lots 1 & 2, Block 2 are in an intermediate water pressure zone and that a pressure reducing valve shall be installed in each building below the elevation of 875 feet. All costs shall be the responsibility of the Owner and Developer and shall be installed to prevent damage due to high water pressure. 3. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. 4. 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 heirs, successors, administrators and assigns of the owners and developers referenced in this Contract. CITY OF EAGAN DATED: By: Mike Maguire Its: Mayor Attest: Christina Scipioni Its: City Cleric STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) DEVELOPER/OWNER: United Properties Development LLC a Minnesota limited liability company By. Its: The foregoing instrument was acknowledged before me this day of 2017, by the _ of United Properties Development LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public STATE OF MINNESOTA ) )ss, COUNTY OF DAICOTA ) On this day of , 2017, before me a Notary Public within and for said County, personally appeared Mike Maguire and Christina M. Scipioni, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Cleric of the City of Eagan; the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public APPROVED AS TO FORM: �� r'■~_ City Attorney4 Office Dated: APPROVED AS TO CONTENT: Public Work's Department Dated: THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, 14ILLS & BAUER P.A. 14985 Glazier Ave., Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 RBB/krnw (206-37696) WAIVER OF HE, Special Assessment Authorization The undersigned hereby requests and authorizes the City of Eagan, Minnesota (Dakota County) to assess the following described property owned by it: Lots 1 and 2, Block 1 and Lots 1 and 2, Block 2, Quarry Road Addition, City of Eagan, County of Dakota, Minnesota, for the benefit received from the following identified public improvement project: ITEM QUANTITY RATE AMOUNT Water Main — Trunk 0.39 acres $3,361.20/acre $1,310.87 Sanitary Sewer—Trunk 0.39 acres $3,183.50/acre $1,241.57 Storm Sewer — Trunk 16.499 s.f. S 0.20/s.f. S3,299.80 TOTAL $5,852.24 to be spread over fifteen (1S) years at a rate of 4% per annum. The undersigned, for itself, its successors and assigns, hereby consents to the levy of these assessments, and further, hereby waives notice of any and all hearings necessary, and waives objections to any technical defects in any proceedings related to these assessments, and further waives the right to object to or appeal from these assessments made pursuant to this agreement, as provided for pursuant to Minnesota. Statutes §429.081. DATED: DEVELOPER: United. Properties Development LLC, a Minnesota limited liability company By: Its: STATE OF } ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2017 by the _ of United Properties Development LLC, a Minnesota limited liability company, on behalf of the limited liability company. APPROVED AS TO FORM: City Attorney's Office Dated: l ( 7 APPROVED AS TO CONTENT: Public Works Department Dated: THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952)432-3136 RBB/kmw (206-37696) 2 Notary Public Agenda Information Memo May 2, 2017, Eagan City Council Meeting CONSENT AGENDA X. Approve Assignment of Development Contracts for Waters Annex and Waters Annex 2nd Addition -- CSM Corp. Action To Be Considered: To approve the Assignment of Development Contracts for Waters Annex and Waters Annex 2nd Addition, as they pertain to Lots 2 and 3, Waters Annex 2nd Addition, to 2840 Lone Oak Parkway LLC as developer. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The property was initially platted as Waters Annex in 2006. Two years later, three of the parcels in Waters Annex were replatted as Waters Annex 2nd Addition with adjustments to the parcel boundaries. ➢ Lot 1 was developed with the White House Custom Colour facility in 2007. White House Custom Colour is acquiring Lots 2 and 3 for expansion of their corporate campus. The Planned Development for the expansion was approved by the City February 7, 2017. ➢ Since Lots 2 and 3 have not yet been developed, there remain some outstanding obligations in the Waters Annex and Waters Annex 2nd Addition Development Contracts pertaining to development of these lots, which will be assumed by the developer. ➢ The owner/seller is now requesting formal City action to assign these contracts to the buyer/developer. ➢ The proposed Assignment Agreement has been reviewed by the City Attorney, and is in order for approval and execution by the City. Issues: ➢ None Attachments: (2) CX -1 Location Map CX -2 Letter of Request & Assignment Agreement a C N L O 1 Y6 ma and 08i ++ d N H = O L C O r ■� i N �Q m m Mw.E_ r. w VQN0 m o o N � 0 o N d v Z N O V N d 7 O a' [ J L (1 a w a C O 1 Y6 ma and C) N H = O ui w C O r U U i m lU O Cl �z �Ct N - S1HO13H 3AOM1) N3AN1 o _a 7 iLLr —Q d m � �1Q' i ww 55 \ ^ W s$ VI V/ moi^ I? 1 a SLUEG C O ma C) N H = O ui w C O r U U i m m a a m o o Co aO Coa m = [ J - S1HO13H 3AOM1) N3AN1 o _a 7 iLLr —Q d m � �1Q' i ww 55 \ ^ W s$ VI V/ moi^ I? 1 a SLUEG CSM April 20, 2017 VIA: Electronic Mail and U.S. Mail Eagan City Council City Hall 3830 Pilot Knob Road Eagan, MN 55122 c/o Pamela Dudziak, Planner RE: Lots 2 and 3, Block 1, Waters Annex Second Addition, Dakota County, Minnesota Request for Consent to Assignment and Assumption of Development Contracts Dear Ladies and Gentlemen, CSM Equities, L.L.C., as fee owner of the land dedicated in the plat of Waters Annex, joined in the Development Contract dated in 2006 by and between the City of Eagan and CSM Equities, LLC, for the Development of Waters Annex. GSM Equities, L.L.C., and CMW Development, LLC, as co -developers, joined in the Development Contract dated March 3, 2008, by and between The City of Eagan, CSM Equities, L.L.C... and CMW Development, LLC, for the Development of Waters Annex 2nd Addition. CMW Development, LLC (now known as 2840 Lone Oak Parkway, LLC) acquired and developed Lot 1, Block 1, Waters Annex Second Addition, CSM Equities, L.L.C., conveyed Lots 2 and 3, Block 1, and Outlot A, Waters Annex Second Addition, to Ventre Investments, L.L.C., an affiliated entity under common ownership , by Warranty Deed dated February 26, 2010, recorded March 9, 2010, as Document No. 2718277, Office of County Recorder, Dakota County, Minnesota. Ventre Investments, L.L.C., is under contract to sell and convey to 2840 Lone Oak Parkway, LLC, Lots 2 and 3, Block 1, Waters Annex Second Addition; and 2840 Lone Oak Parkway, LLC, formerly known as CMW Development, LLC, has indicated that they will be developing said Lots 2 and 3. 2840 Lone Oak Parkway, LLC, as the developer of said Lots 2 and 3, has agreed to assume the obligations set forth in the Development Contracts referenced above. as they relate to said Lots 2 and 3. Ventre Investments, L.L.C., and CSM Equities, L.L.C., respectfully request that the City Council for the City of Eagan consent to the assignment to, and assumption by, 2840 Lone Oak Parkway, LLC, of all of the obligations relating to Lots 2 and 3, Block 1, Waters Annex Second Addition, set forth in the Development Agreements referenced above. If you have any questions or need anything further, please contact Jean Crosby at 612-395-7168. Thank you for your consideration of this matter. Regards, CSM FQUITII S, L.L.C. VENTRE INVESTMENTS, L.L.C. By: By: f Name:FunRnA A1L___n _war_ Name: __ Matt Va� f Its: g81` Its: pager ---- Soo Washington Avenue South, Suite 3000 Minneapolis, Minnesota 55415 Telephone: (612) 395.7000 Fax: (612) 895.7001 www.csmcorp.net DES N, DEVELOPMENT FOR COMMERCIAL, OFFICE, MANUFACTURING, RESIDENTIAL & PROPERTIES PARTIAL ASSIGNMENT AND ASSUMPTION OF CONTRACTS AND AGREEMENTS (as to Lots 2 and 3, Block 1, Waters Annex Second Addition) This Partial Assignment and Assumption of Contracts and Agreements (as to Lots 2 and 3, Block 1, Waters Annex Second Addition) (this "Assignment") is made and delivered as of this day of April, 2017, by and between CSM EQUITIES, L.L.C., a Delaware limited liability company, and VENTRE INVESTMENTS, L.L.C., a Delaware limited liability company (collectively, the "Assignors"), and 2840 LONE OAKS PARKWAY, LLC, a Minnesota limited liability company (the ",Assignee"). RECITALS This Assignment is made with reference to the following facts and intentions of the parties: A. CSM Equities, L.L.C., caused certain real property located in the Dakota County, Minnesota, to be subdivided and platted pursuant to the plat of Waters Annex Plat"), duly approved by the City of Eagan, Minnesota (the B. As a condition to the City's approval of the 1st Plat, and as required by the City, CSM Equities, L.L.C., and the City entered into the Development Contract for the Development of Waters Annex which as signed by the Assignor on December 18, 2006 (the "1S1 Contract"). C. CSM Equities, L.L.C., and CMW Development, LLC ("CMW") caused certain real property located in Dakota County, Minnesota, to be subdivided and platted pursuant to the plat of Waters Annex Second Addition (the "2"' Plat") duly approved by the City. D. As a condition to the City's approval of the 2nd Plat, and as required by the City, CSM Equities, L.L.C., CMW, and the City entered into the Development Contract for the Development of 'Waters Annex 2nd Addition, dated March 3, 2008 (the "2"`t Contract"). The 11t Contract and the 2i" C'onvact shall hereafter be referred to as the "Contracts".) E. CSM Equities, L.L.C., conveyed Lots 2 and 3, Block 1, and Outlot A, Waters Annex Second Addition, to Ventre Investments, L.L.C., as evidenced by Warranty Deed dated February 26, 2010, recorded March 9, 2010, as Document No. 2718277, Office of County Recorder, Dakota County, Minnesota. 1 Assignment and Assumption F. The Contracts require that the Developer pay park and trail dedication fees, install Improvements and post Financial Guarantees (as defined in the Contracts) to cover the obligations to construct the Improvements with respect to the development of Lots 2 and 3, Block 1, Waters Annex Second Addition, Dakota County, Minnesota (the "Assignee Propert%"). G. The Contracts provide for certain remedies available to the City upon the occurrence of an Event of Default as defined in the Contracts. H. The Contracts provide that they are binding on Assignors and their successors and assigns. I. Concurrently with the delivery of this Assignment, Ventre Investments, L.L.C., has conveyed to Assignee, and Assignee has acquired from Ventre Investments, L.L.C., the Assignee Property. J. Assignors have agreed to set over, assign, and transfer to Assignee all of Assignors' obligations under the Contracts with respect to the Assignee Property. Assignee has agreed to accept said assignment and assume Assignors' obligations set forth in the Contracts with respect to the Assignee Property and the development of the Assignee Property. Assignors shall continue to be bound by and solely responsible for the development obligations set forth in the Contracts related solely to Outlot A, Waters Annex Second Addition. K. The Contract requires that the City consent to this Assignment and the City has consented hereto pursuant to the Consent and Agreement attached hereto. PARTIAL ASSIGNMENT, ASSUMPTION, AND AGREEMENT NOW, THEREFORE, IN CONSIDERATION OF One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and incorporating the foregoing recitals herein, the parties hereto hereby agree as follows: 1. Partial Assi±%nment. Assignors hereby set over, assign, and transfer unto Assignee all of their obligations set forth in the Contracts which relate solely to the Assignee Property and the development of the Assignee Property (collectively, the "Assumed 0b i ations"), including, without limitation, the posting of Financial Guarantees, installing Improvement, and paying park and trail dedication fees, as set forth in the Contracts with respect to the Assignee Property. 2. A. —my)tion. Assignee hereby accepts this Assignment of the Assumed Obligations and 2 Assignment and Assumption except as limited above, assumes and agrees to faithfully abide by, perform, and discharge each of the Assumed Obligations of the Contracts which are to be performed by the Assignee thereunder from the date hereof and to defend and hold Assignors harmless from any lawsuits, claims, damages, costs and expenses, including actual attorneys' fees arising in connection with the Assumed Obligations of the Contracts. 3. Controlling Law. This Assignment shall be governed by and construed under the laws of the State of Minnesota. 4. Miscellaneous. This Assignment may be executed in separate counterparts, which, together, shall constitute one and the same fully executed Assignment. IN WITNESS WHEREOF, this Assignment was executed as of the date and year first written above. ASSIGNORS: VENTRE INVESTMENTS, L.L.C. By: Name: Matt Van Slooten Its: Manager CSM EQUITIES, L.L.C. By: — Name: Eugene M. Bowar Its: Manager State of Minnesota, County of Hennepin: ASSIGNEE: 2840 LONE OAK PARKWAY, LLC By: _ Name: Its: This instrument was acknowledged before me on April , 2017, by Matt Van Slooten, as Manager of VENTRE INVESTMENTS, L.L.C., a Delaware limited liability company. (Stamp) Title (and Rank): Notary Public My commission expires: January 31, 2020 3 Assignment and Assumption State of Minnesota, County of Hennepin: This instrument was acknowledged before me on April , 2017, by Eugene M. Bowar, as Manager of VENTRE INVESTMENTS, L.L.C., a Delaware limited liability company. (Stamp) Title (and Rank): Notary Public My commission expires: January 31, 2020 State of Minnesota, County of This instrument was acknowledged before me on , 2017, by as of 2840 LONE OAK PARKWAY, LLC, a Minnesota limited liability company. (Stamp) (signature of notarial officer) Title (and Rank): Notary Public My commission expires: Drafted by: CSM Corporation 500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415. 4 Assignment and Assumption CONSENT AND AGREEMENT BY THE CITY OF EAGAN The City of Eagan hereby consents to the foregoing assignment by CSM Equities, L.L.C., and Ventre Investments, LLC, as Assignors, and assumption by 2840 Lone Oak Parkway, LLC, as to the obligations of Developer with respect to Lots 2 and 3, Block 1, Waters Annex Second Addition, Dakota County, Minnesota, as set forth in that certain Development Contract by and between the City of Eagan and CSM Equities, LLC, for the Development of Waters Annex signed by CSM Equities, L.L.C., on December 18, 2006, and that certain Development Contract by and between the City of Eagan, CSM Equities, L.L.C., and CMW Development, LLC, for the Development of Waters Annex 2" d Addition, dated March 3, 2008. CITY OF EAGAN By: Name: Its: Mayor Attest by: _ Name: Its: City Clerk Approved as to Form: By Eagan City Attorney Date: . 2017 5 Assignment and Assumption Agenda Information Memo May 2, 2017, Eagan City Council Meeting CONSENT Y. Conditional Use Permit —Shawnee Business Park Action To Be Considered: To approve a Conditional Use Permit for outdoor storage of vehicles and equipment at 1959 Shawnee Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The Applicant is proposing outdoor storage of vehicles and equipment such as commercial vans, trailers, dump trucks, plow trucks a boat, cars and small Bobcats. ➢ A CUP for similar outdoor storage on this property was approved in 2011. Many of the site improvements that were conditions of the 2011 CUP, including paving the rear lot, have been accomplished. ➢ This CUP will replace the 2011 CUP since the property is under new ownership now and new tenants have different needs. ➢ The proposed Site Plan illustrates parking stalls of various sizes to accommodate the storage items and keep things orderly. ➢ The proposal satisfies the outdoor storage performance standards in the City Code, with the exception of an enclosure, which may not be necessary for vehicles. ➢ The Advisory Planning Commission held a public hearing on the proposal at their April 25, 2017 meeting, and did recommend approval. Issues: ➢ None 60 -Day Agency Action Deadline: ➢ May 28, 2017 Attachments: (4) CY-1 Location Map CY-2 Draft April 25, 2017, APC Meeting Minutes CY-3 Planning Report CY-4 Report Exhibits �o LL 1-7 cm O s ch!d N R c �a b 0 9 fn C O r, m in 32 a v N O LF � yZ m c m 'p cr NJ o IL L — oVoa NMtM51OV19 a -COMMO V1 NO Ccf4D Czarj crxo 0 r OyO� = Ntll )y ) OJ OI � Y �a a �w �o o f% 061 0 .�NO4 Advisory Planning Commission April 25, 2017 Page 2 of 14 IV. PUBLIC HEARING New Business A. Shawnee Business Park Applicant Name: Stephanie Ferrera, Brait Commercial Location: 1959 Shawnee Rd; Section 17, Twn 27, Range 23 Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of commercial vehicles and equipment. File Number: 17 -CU -03-03-17 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 19, 2017. Stephanie Ferrara, applicant, explained the operation of the site. 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 to allow outdoor storage of commercial vehicles and equipment upon property located at 1959 Shawnee Road, subject to the following conditions: 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan dated March 2, 2016 2. This Conditional Use Permit shall replace any prior Conditional Use Permits for the property. 3. The outside storage shall not be leased independently, but may be utilized by a tenant that leases space within the principal building. 4. Parking stall striping shall be painted no later than July 31, 2017 in accordance with the approved Site Plan, and outdoor storage shall not exceed the size of stalls. 5. Drive aisle widths throughout the storage area shall be maintained at minimum 24' width. 6. All parking and storage areas shall be properly maintained to prevent deterioration. Landscaped areas shall be properly maintained per City Code standards. 7. Trash storage shall be located within the building or within an enclosure constructed to City Code standards. All voted in favor. Motion carried 7-0. Advisory Planning Commission April 25, 2017 Page 3 of 14 B. Cliff Lake Marketplace Applicant Name: Troy Dewitt, Dewitt Properties, LLC Location: 1965 Cliff Lake Rd; Lot 2, Block 1, Cliff Lake Centre 3rd Addition Application: Planned Development Amendment A Planned Development Amendment to modify parking stall sizes, increase patio seating and modify the monument sign to create a pylon sign. File Number: 29 -PA -05-03-17 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 20, 2017. Member Vanderpoel asked the width of the current parking stalls. Ms. Thomas stated they are 10'. Troy Dewitt, applicant, introduced his architect and explained the proposal and the benefits the proposed modifications would provide. Member Dierkes asked about parking for the tenant spaces that are currently vacant. Mr. Dewitt explained that the parking spaces for those future tenants are accounted for in the total parking count. 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 Vanderpoel stated it has been her experience that the uses on site do provide complementary peak parking demands and that she would prefer 10' stall widths throughout, save for the accessible stalls. Member Piper stated 9' stalls have been approved routinely across the City and that he believes the up to 3" deviation is reasonable. Member Sagstetter stated he supports 10' stalls and a shortage of three stalls. Additional discussion regarding stall width and the cap on total stalls (77) occurred amongst the commission. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Planned Development Amendment to allow additional outdoor patio dining in conjunction with a full service restaurant for the parcel located at 1965 Cliff Lake Road, subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Patio Plan (48 seats) • Fencing Plan Advisory Planning Commission April 25, 2017 Page 4 of 14 2. The outdoor dining area is subject to City Code requirements including sewer availability charges (SAC) imposed as a result of the additional seating in the outdoor dining area. 3. A Building Permit shall be obtained for the patio expansion. 4. The Building Permit application shall address accessibility maneuverability and egress/accessible door clearances. 5. The outdoor patio gate shall comply with the Liquor Ordinance requirements. 6. A Fencing Plan shall be submitted in compliance with City Code requirements. All voted in favor. Motion carried 7-0. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Planned Development Amendment to modify parking stalls for the parcel located at 1965 Cliff Lake Road, subject to the following conditions: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. The following plan is required for the Agreement: • Site Plan 2. The Site Plan shall be revised to ensure the accessible parking stalls conform to the Minnesota Accessibility Code. 3. The Site Plan shall be revised to provide the correct measuring scale. 4. The lot shall be striped per the revised plan not to exceed 77 stalls. All voted in favor. Motion carried 7-0. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Planned Development Amendment to allow a pylon sign for the parcel located at 1965 Cliff Lake Road, subject to the following conditions: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. The following plans are required for the Agreement: • Site Plan • Sign Plan 2. Signage shall be subject to City Sign Code requirements. 3. The applicant shall work with City staff on the sign finishes as they relate to the LED antenna, electrical components and the trim caps. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 19, 2017 APPLICANT: Brait Commercial LLC CASE: 17 -CU -03-03-17 HEARING DATE: April 25, 2017 PROPERTY OWNER: Brait Commercial LLC APPLICATION DATE: March 29, 2017 REQUEST: Conditional Use Permit LOCATION: 1959 Shawnee Road COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST PREPARED BY: Pamela Dudziak The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of commercial vehicles and equipment upon property located at 1959 Shawnee Road, on the northeast corner of the intersection of Kennebec Drive and Shawnee Road. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — 1959 Shawnee Rd. April 25, 2017 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDMISTORY The property is unplatted. The initial office/warehouse building was constructed in 1971, with an addition in 1986, and totals approximately 53,000 s.f. In 1987, a metal sided accessory storage building of 7,403 s.f was constructed on the northeastern part of the site. This storage building has a roof overhang on the east side that extends 12' out from the building. This overhang is open on the east side, with walls on the north and south ends. In 2011, the City approved a CUP for outdoor storage of trucks and equipment on the property, contained within the fenced area around the accessory building on the back portion of the lot. EXISTING CONDITIONS The site is bounded by public streets on two sides, Kennebec Drive to the northwest and Shawnee Road to the south. The side/rear of the site abuts the MVTA bus garage property to the east. The property is developed with an L-shaped multi -tenant office/warehouse fronting Kennebec Drive and Shawnee Road. Parking is located in front of the building with driveway access to the site in four locations. Dock doors line the back of the building. In 2011, the rear lot was gravel and as a result of the conditions of CUP approval in 2011, the rear lot has since been paved and is now bituminous asphalt. Planning Report — 1959 Shawnee Rd. April 25, 2017 Page 3 A detached accessory building is located in the rear yard with a fenced area to the east enclosed by a 6' chain link fence. SURROUNDING USES The site is completely surrounded by property zoned I-1, Limited Industrial and guided IND, Limited Industrial and utilized for a variety of industrial uses including office, warehouse, distribution, manufacturing, related outdoor storage and service garage. EVALUATION OF REQUEST Description of Proposal — The applicant proposes outdoor storage of trucks and equipment in the rear lot, east of the building. The applicant's narrative indicates only commercial vehicles and equipment will be stored outside. The Applicant's narrative lists the following items proposed for outdoor storage: commercial vans, closed trailers, open trailers, dump trucks, plow trucks, boat (seasonally) cars and small Bobcats for snow removal. The narrative indicates that the detached storage building is leased to a tenant that also occupies space within the principal building. In additional conversation with the applicant, it was noted that one of the tenants is a landscape company, whose trailers and pallet materials such as pavers and stone block is stored within the fenced area at the rear of the lot. Storage of other products and materials such as bagged mulch is stored inside within their tenant space. The Site Plan identifies outdoor storage parking spaces of various sizes in various places east of the building. 15 - 10' x 18' stalls are adjacent to the east side of the building designed "for tenant parking whether it be small vehicles, small trailers, or small bob cats etc." 9 - 10' x 20' stalls are designated between the principal and accessory buildings designed for car and van parking "whether for tenant parking (employees and tenant) or vehicles they are working on and must be on the premises overnight." 13 - 10' x 25' stalls along the west side of the accessory building and 5 - 10' x 25 stalls along the east lot line, "designed for larger vehicles such as dump trucks, plow trucks, open and closed trailers, etc." 2 - 8' x 10' stalls south of the accessory building. Cam )atibilit\ with Surrounding Area — Outdoor storage is a conditional use in the I-1 zoning district. A CUP was issued to the property for outdoor storage in 2011. The current proposal includes changes to the amount and type of outdoor storage, and appears compatible with the surrounding properties and existing uses. This Conditional Use Permit will replace the one from 2011, since many of the conditions of that CUP have been satisfied, and the current tenant needs for outdoor storage are different. Landscaping — The site is landscaped and no new landscaping is proposed at this time. Planning Report — 1959 Shawnee Rd. April 25, 2017 Paae 4 GradinL,/Storm Drainag — No grading or additional paved area is proposed by the applicant. The former gravel surface lot in the rear of the lot was paved with bituminous asphalt, and concrete curb and gutter installed, under a grading permit in 2014. Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Stormwater Management/ Water Vualitti — The applicant does not propose an increase to the amount of existing imperious surface. Therefore, the City's Post Construction Stormwater Management Requirements (City Code §4.34) do not apply. Utilities — The existing building 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 four existing locations onto Kennebec Drive and Shawnee Road. The applicant proposes to stripe parking stalls in the rear parking area. All stall and drive aisle dimensions meet or exceed minimum city code requirements. If any larger trucks or semis need to back into loading docks/doors, they will likely have difficulty maneuvering the site with the proposed parking stalls in the middle of the parking lot. Outdoor Stora, -,e — 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. Some of the storage items are located within an enclosure, however, many of the items are vehicles, which may not need 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 storage area is located in the rear yard. The pavement is set back 5' from the side and rear property lines, so items stored on the pavement satisfy the 5' setback. 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. The proposed outdoor storage is screened from both Kennebec Drive and Shawnee Road by the building. Views from the north are screened by a natural wooded Planning Report — 1959 Shawnee Rd. April 25, 2017 Page 5 area on the adjacent lot. While credit is not typically given for screening located off-site, the adjacent lot is occupied by the MVTA bus garage and unlikely to be disturbed or developed due to the presence of buried fly ash north and east of the woods. d. The storage area shall not interfere with any pedestrian or vehicular movement. This standard appears to be satisfied. Care should be taken to ensure that vehicles not exceed the stall depths designated, in order to maintain the 24' minimum drive aisle widths throughout the back lot area. e. The storage area shall not take up required parking spaces or landscaping areas. The proposal satisfies this standard. 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 proposed storage area is surfaced with bituminous asphalt. Financial Obli,,ation — At this time, there is a pending assessment on the parcel in the amount of $27,265 for street improvements currently underway on Shawnee Road and Kennebec Drive. SUMMARY/CONCLUSION The applicant is requesting a Conditional Use Permit for the outdoor storage of vehicles, trailers and equipment. A similar Conditional Use Permit was approved for this site in 2011. Since then the storage area has been surfaced with bituminous asphalt, and fence encroachment to neighboring property has been corrected. The property is in different ownership now. This Conditional Use Permit would replace the one from 2011, since many of the conditions of that CUP have been satisfied, and the current tenant needs for outdoor storage are different. The proposed outdoor storage appears to meet performance standards of the City Code, with the exception of an enclosure for the vehicles, which may not be necessary, and a portion of the outdoor storage area around the accessory structure is enclosed with a fence. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of commercial vehicles and equipment upon property located at 1959 Shawnee Road, on the northeast corner of the intersection of Kennebec Drive and Shawnee Road. If approved the following conditions shall apply: 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: 0 Site Plan dated March 2, 2016 Planning Report — 1959 Shawnee Rd. April 25, 2017 Page 6 2. This Conditional Use Permit shall replace any prior Conditional Use Permits for the property. 3. The outside storage shall not be leased independently, but may be utilized by a tenant that leases space within the principal building. 4. Parking stall striping shall be painted no later than July 31, 2017 in accordance with the approved Site Plan, and outdoor storage shall not exceed the size of stalls. 5. Drive aisle widths throughout the storage area shall be maintained at minimum 24' width. 6. All parking and storage areas shall be properly maintained to prevent deterioration. Landscaped areas shall be properly maintained per City Code standards. 7. Trash storage shall be located within the building or within an enclosure constructed to City Code standards. IC _ Im la pa i JVIF r r 4 4 �.r F T N LL O N r n (D v c T � C O .�C N C C C N f6 O N O C N w N d Cn ca O N 6 ' O O N t N C 3 E N N C. 6 N N � E d � c a � W r t � M (� R O 07 cM N O O Os ' T c U EUT m Z O yZ d 3 4) O C7 N a`ox0 I Zf NV'Id a,LIS DNI,LSIXH � .j •'��� o -i i t I La I ! W i k t` �4+ .. remix ! i � 1 1 � � Zf NV'Id a,LIS DNI,LSIXH k t` �4+ .. remix V) dovxoss IdooQino- Qosodoud Amendment* 1959 Shawnee Road Eagan MN We purchased 1959 Shawnee Road, Eagan MN in December of 2015 and we were unaware of the parking regulations or restrictions. Back in 2011 previous owner had request a conditional use permit asking to allow 8 commercial vehicles to be stored on the premises. During that time the building barely had other tenants. Upon purchasing the building we were able to lease the building at 100% capacity and currently have no vacancies. However, we need to apply for a new conditional use permit to accommodate our tenants and better organize our building area. We currently have tenants who require dump trucks, plow trucks, closed trailers, open trailers, commercial vans and a seasonal boat( does refurbishing during the winter.) Also, we have a car body shop who fixes cars and constantly has 5-7 cars circulating. Our plan is to create parking spots in the back of building. Stripe them and assign them to tenants based on their unit so that we can organize the exterior and be able to control how many vehicles and equipment will be on the premises. The parking in the front will be designated for customer and employee parking, no overnight parking will be allowed. The building will cover majority of back parking area, and the natural wooded area will shield from the back neighbor as well.We will not allow storage pods, or outdoor storage of materials on the property. Here is the list of vehicles and equipment that will be on the premises: Commercial Vans Closed Trailers Open trailers 2-3 Dump Trucks Plow Trucks 1 boat (seasonally) 10-15 cars circulating due to two of our tenants in the same business line of body shop and mechanics. 1-2 Small Bobcats for snow removal The parking spaces along the pole barn with the depth of 25' are designated for the larger vehicles such as the dump trucks, plow trucks, open and closed trailers etc. The parking spaces in between the building and the pole barn measuring 20' in depth is designated for vehicles such as cars and vans whether they be for tenant parking (employees and tenant) or vehicles they are working on and must be on the premises overnight. The parking spaces along the building measuring 18' in depth is for tenant parking whether it be small vehicles, small trailers, or small bob cats etc. Please call us with any questions. Kindest Regards, Stephanie Farrera, Property Manager Agenda Information Memo May 2, 2017, Eagan City Council Meeting CONSENT AGENDA Z. APPROVE change order #4 for project 16-05 Fire Station One Action To Be Considered: Approve change order 4 for project 16-05 Fire Station One. Facts: ➢ At the March 15, 2016 City Council Meeting a contract was awarded to Terra General Contractors for project 16-05 for of Fire Station One at 4200 Blackhawk Road. ➢ Since the construction started there have been several changes to the contract needed to continue to the project and meet the May 2017 deadline. ➢ Attached is Change Order 4 and descriptions from CNH Architects. ➢ The cost of these changes will betaken out of the project contingency fund. Attachments: (2) CZ -1 Cover Letter from CNH Architects Change Order CZ -2 Change Order # 4 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 MEMORANDUM: PROJECT: Eagan Fire Station 41 CNH NO: 15046 DATE: April 21, 2017 TO: City of Eagan — Mayor and City Council SUBJECT: Change Order #04 Review E!l The following is a summary of the items being submitted as Change Order #04 for the Eagan Fire Station #1 project. Backi.round: The construction on Fire Station #I is approaching completion with fire department operations beginning early May, 2017. The punchlist of correction items have mostly been completed with minor remaining item in the interior and a few items to be addressed on the exterior as weather permits. During the past few months multiple items have come up to improve the facility, operations for the firefighters, or otherwise complete the final elements of this project. These items are summarized below. Description of Chances: The changes that are incorporated in the attached Change Order #04 are the following: A. Station Alerting, EVP and Paging System: The station alerting receiver was an item that was not covered as both the fire department and design team understood it to be in the other's package. It was also determined that signal strength at this location was too low for the station alerting receiver requiring the installation of a rooftop antennae. In addition, this pricing group also includes updates and coordination changes with Dakota County to address changes in their requirements compared to requirements during design phase for the EVP system for intersection signal control and pedestrian warning sign operation. B. Minor Miscellaneous adds: As is typical during the construction process there are a handful of minor adds to address items that were determined to best fit the needs of the building and fire department operations within the building. The remainders of the Change Order costs are these types of items. P:IPROJECTS\201511504615 -CONSTRUCTION ADNMCHANGE ORDERS & PAY APPSICHANGE ORDER #04 RECOMMENDATION TO COUNCIL.DOCX Pricing: The following are the pricing for each group of Proposal Request items listed above and included in this Change Order. All prices have been reviewed by CNH Architects and our consultant team and have been determined to be within appropriate unit costs for the work proposed. A. Station Alerting, EVP and Paging System B. Minor Miscellaneous Adds and Deducts Add $58,090.00 Add $25,363.00 Total Add $83,453.00 New Contract Total $4,822,404.16 Project Hard Cost Including Contingency $4,835,660.00 Contingency Balance $13,255.84 Conclusion: The items in the Change Order represent recommended additions to best serve the city and firefighters using this facility. As noted above CNH Architects, our team, and staff have reviewed the pricing shown above and are comfortable as being appropriate for the work involved. CNH Architects recommends approval of this Change Order as in the best interest of the City and Fire Department. Respectfully Submitted, awt-s44- quinn S. Hutson, AIA, LEED AP Principal CNH Architects, Inc. P:\PROIECTS\2015\15046\5 -CONSTRUCTION ADMIN\CHANGE ORDERS & PAY APPS\CHANGE ORDER 904 RECOMMENDATION TO COUNCIL.DOCX VAI TM-.�_ Document G701 - 2001 Change Order PROJECT (Nance and address): Eagan Fire Station # 1 Diffley Road and Blackhawk Road Eagan, MN 55123 TO CONTRACTOR (Arame and address): Terra General Contractors, LLC 21025 Commerce Blvd., Suite 1000 Rogers, MN 55374 CHANGE ORDER NUMBER: 004 DATE: April 5. 2017 ARCHITECT'S PROJECT NUMBER: 15046 CONTRACT DATE: March 15.2016 CONTRACT FOR: General Construction OWNER: ❑ ARCHITECT: ❑ CONTRACTOR: ❑ FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Inchrde, where applicable, any ►undisputed antarnrt attributable to previously ereculed Construction Change Directives) PR#22 CR#34 Infiltration basins draintile. $989.00 PR#24 CR#37 Station alerting & phone paging speakers. $46,033.00 PR#25 CR#38 Briefing Room HDMI switch and splitter. $770.00 CR#41 3 sign break -away posts. $226.00 CR#42 Extra curb due to OH door add. $340.00 PR#1981 CR#48 Conduit for antenna. $2,854.00 PR#28 CR#44 GFCI circuit breakers. $3,174.00 PR#29 CR#50 Shepherds crook camera mount. $845.00 PR930 CR#50.1 Relocate EVP and provide warning sign detector. $3,379.00 Pull new cable and connect new EVP. CR#50.2 Provide new EVP and controller. $8,678.00 PR431 CR#52 Fan control waterproof covers. $384.00 CR#45 Sprinkler head move. $220.00 PR432 CR#53 Briefing Room spot light. $637.00 CR#49 Apparatus Bay additional lights install. $1,576.00 PR#33 CR#56 Door 209C aluminum checkerplate sill. $1,558.00 PR#34 CR#57 Turnout Gear 105 data outlet. $429.00 PR#35 Turnout Gear 105 gas pushbutton shroud. $0.00 PR#36 CR#59 Janitor 203 controls equipment enclosure panel. $360.00 PR#38 CR#61 Colorado Spruce at patio. $2,364.00 PR#39 CR#63 Captain's Office tall cabinets. $5,015.00 CR#64 Relocate Q light fixture controls to 203. $374.00 CR#65 Additional receptacle in Turnout Gear for cell service booster box. $248.00 CR#67 Apparatus Bays waterproof covers for phone jacks. $493.00 CR#68 Stain curved wall sign. $1,987.00 CR#70 Shower darns. $550.00 TOTAL $83,453.00 The original Contract Sum was $ 4.595,840.00 The net change by previously authorized Change Orders $ 143,111.16 The Contract Sum prior to this Change Order was $ 4.738,951.16 ']'he Contract Sum will be increased by this Change Order in the amount of $ 83,453.00 The new Contract Sum including (his Change Order will be $ 4.822,404.16 The Contracl Timc will be increased by Zero (0) days. The date ol'Substantial Completion as of the date ofthis Change Order therefore is February 15, 2017 AIA Document G70111 — 2001. Copyright ®1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 12:55:20 on 04/17/2017 under Order No. 1193091077 which expires on 0111612018, and is not for resale. User Notes: (3a9ADA1C: NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. CN}I Architects. Inc. Terra Gencral-Contractors, LLC City orGacan ARCHITECT (1 irm name) CONTRACTOR (rirni rranre) OWNER (Firin name) 7300 West 147th Street, Suite 504 Apple V,jDaX, MN 5512 AD BY ►raierre) Quinn Hutson (Type(lun pine) z 17 DATE 21025 Commerce Blvd., Suite 1000 Rogers, MN 55374 ADDRESS ,••` � Al BY (Signlffilre)l') ,� �zrdc ``�,tli. � ffltir1 (7yped name) DATE 3830 Pilot Knob Road man, MN 55122 ADDRESS BY (Signaller) (Typed name) DATE AIA Document G701"' — 2001. Copyright ©1979, 1067, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIM, Document Is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:55:20 on 0411712017 under Order No. 1193091077 which expires on 0111612016, and is not for resale. User Notes: (389ADA1C Agenda Information Memo May 2, 2017 Eagan City Council Meeting CONSENT AGENDA AA. Contract 16-04, Central Maintenance Facility Renovations Change Order No. 7 Action To Be Considered: Approve Change Order No. 7 to Contract 16-04 (Central Maintenance Facility Renovations) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 16-04 provides for Phase I of Central Maintenance Facility (CMF) renovations and consists of additional heated vehicle storage and equipment space, enlarged and updated service bays, as well as a salt storage shed. ➢ The proposed revisions as part of Change Order No. 7 address the addition and deletion of a number of components included in the original design of the CMF renovations, as well as some construction related modifications, including electrical, plumbing, low voltage/computer network, and accessibility. o Telecommunications System — Additional work, including enclosure, to accommodate telecommunications system requirements. ADD $603.98. o Shop Areas, Locker Room, Restrooms — Numerous electrical, mechanical/ plumbing, and concrete removal/replacement modifications in the small shop areas, locker room and bathrooms to address existing electrical and plumbing configurations. ADD $35,951.03. o Door Hardware/Low Voltage - Revise door hardware to add card reader to two doors at the Vehicle Maintenance area. ADD $2,147.20. o Network Receptacle - Install network receptacle to facilitate connection to City's computer network system. ADD $273.83. o Women's Locker Room - Add metal framing and drywall for plumbing revision at Women's Locker Room. ADD $872.30. o Electrical Work — Add/modify electrical breaker for mechanical equipment. ADD $383.75. ➢ Change Order No. 7 provides an addition of $40,232.09 (0.66% of original contract) to the contract. The addition will be paid via various funds as designated in the 2016-2020 Facilities Capital Improvement Plan. ➢ The costs associated with this Change Order have been reviewed by the project architect and determined to be consistent with prices received for similar items on projects within the metropolitan area. Attachments (0) Agenda Information Memo May 2, 2017, Eagan City Council Meeting CONSENT AGENDA BB. Approve Exempt Permit for Pinewood Community School PTO to host bingo on June 2, 2017 at 4185 South Robert Trail Action To Be Considered: To approve an Exempt Permit for the Pinewood Community School PTO to host bingo on June 2, 2017 at 4185 South Robert Trial. Facts: ➢ The Pinewood Community School PTO has applied for an Exempt Permit with the Gambling Control Board to host bingo as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (0) Agenda Information Memo May 2, 2017 Regular City Council Meeting APPOINTMENT OF ADVISORY COMMISSION MEMBERS Action To Be Considered: To appoint members to the City Council's advisory commissions with terms beginning in May 2017. Facts: ➢ Advertising for the Commission vacancies takes place year-round, with an emphasis in recruitment from January —March. This year, the commission vacancies were advertised on the City's website, Experience Eagan newsletter, Facebook, Twitter, and Nextdoor. ➢ The deadline for applications to be considered for appointment in May 2017 was March 24, 2017. ➢ There were 45 applicants this year. ➢ Per City Code, each commission may have up to seven (7) regular members. Each commission may also have one alternate member appointed, albeit the alternate appointment is optional and is not required. ➢ One of the vacant seats on the APrC is proposed to be a 1 -year term to ensure staggered terms. ➢ Three of the vacant seats on the EIGHWMO are proposed to be one 1 -year term, one two-year term, and one 3 -year term. This one time process will establish staggered three-year terms to the board. ➢ The City Council will be asked to vote via ballot, which will be distributed at the meeting. At the request of the Council, the voting will be done by commission in the following order: 1) Advisory Planning Commission; 2) Advisory Parks and Recreation; 3) Airport Relations Commission; 4) Energy and Environment Advisory Commission and 5) Eagan -Inver Grove Heights Watershed Management Organization. ➢ Per the Council's Guidelines for Commission Appointment Policy, in the event of a stalemate after three rounds of voting on a specific Commission appointment, the Mayor shall have the authority to make the appointment of the specific term that resulted in the stalemate. ➢ The Commissioners appointed tonight will receive a letter from the City, in which they will be invited to participate in a new commission member orientation with their commission staff liaison. New Commissioner Orientation packets will be available via the Web site. ➢ Rather than duplicating all of the commission applications, the Council is asked to bring their interview binders to the May 2, 2017 City Council meeting. Attachments: (1) AACM-1 Summary of openings on each Advisory Commission, which can be filled in by the Council as appointments are made 2017 City Council Advisory Commission ALpointments Advisor° Planning Commission (APC) 2 -near Terms 1. 2. 3. 4. (1 -year Alternate : Advisory Parks and Recreation Commission (APrQ 2-w ear Terms 1. 2. 3. 4. 1 -near Term 1. (1 -year Alternate : Airport Relations Commission (ARC) 2 -year Terms 1. 2. 3. 4. (1 -year Alternate Ener2y and Environment Advisory Commission (FEAC) 2 -year Terms 1. 2. (1 -year Alternate Eagan -Inver Grove Heights Watershed Management Organization (EIGHWMO) 3 -year Term 1. 2 -near Term 1. 1-G ear Term 1. Agenda Information Memo May 2, 2017, Eagan City Council Meeting NEW BUSINESS A. Planned Development Amendment — Cliff Lake Marketplace/Troy DeWitt Actions To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow additional outdoor patio dining in conjunction with a Full Service restaurant for the parcel located at 1965 Cliff Lake Road, subject to the conditions listed in the APC minutes. To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to modify parking stalls for the parcel located at 1965 Cliff Lake Road, subject to the conditions listed in the APC minutes. To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow a pylon sign for the parcel located at 1965 Cliff Lake Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Council Members Present Facts: ➢ The subject site is an existing multi -tenant commercial building located at 1965 Cliff Lake Road. ➢ The site is guided and zoned for retail commercial and office uses. ➢ A Planned Development (PD) Amendment was approved in 2015 to allow on sale liquor with a full service restaurant. ➢ The 2015 Planned Development Amendment acknowledged a parking deficiency of 35 spaces. ➢ City staff is not aware of any parking shortage complaints for the site. ➢ The proposed patio expansion doubles the outdoor seating from 24 to 48 seats, causes the loss of one existing parking stall and the increase in patio seating requires two additional parking stalls. ➢ The proposed modifications to the parking stalls would range in size from 8.75' to 10' in width to better utilize the existing space, according to the Applicant. ➢ Varying parking stall widths allow the owner to add a net of 5 parking stalls. ➢ The Applicant proposes to add a dynamic portion to the existing monument sign which would increase the height over 7', thus, the sign will be considered a pylon. ➢ The Advisory Planning Commission (APC) held a Public Hearing on April 25, 2017 and did recommend approval. Issues: ➢ None 60 -Day Agency Action Deadline: May 20, 2017 Attachments: (4) NBA -1 Location Map NBA -2 Draft April 25, 2017 APC Minutes NBA -3 Planning Report NBA -4 Report Exhibits • 1 - 11�II�I 11 �r 1� IIS ■r�F"�-ii/r1�1��� ■ r � 11�111■IIIII 1 1�11!■11■�� ■ � niiiji�� � • Oman IN `'''�ii�■ . —, 1111111.. � � ■million Monsoni fir_ ■�!1 r _ _► . , �!� c -. ��� .�► � -ilii► Advisory Planning Commission April 25, 2017 Page 3of14 B. Cliff Lake Marketplace Applicant Name: Troy Dewitt, Dewitt Properties, LLC Location: 1965 Cliff Lake Rd; Lot 2, Block 1, Cliff Lake Centre 3rd Addition Application: Planned Development Amendment A Planned Development Amendment to modify parking stall sizes, increase patio seating and modify the monument sign to create a pylon sign. File Number: 29 -PA -05-03-17 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 20, 2017. Member Vanderpoel asked the width of the current parking stalls. Ms. Thomas stated they are 10'. Troy Dewitt, applicant, introduced his architect and explained the proposal and the benefits the proposed modifications would provide. Member Dierkes asked about parking for the tenant spaces that are currently vacant. Mr. Dewitt explained that the parking spaces for those future tenants are accounted for in the total parking count. 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 Vanderpoel stated it has been her experience that the uses on site do provide complementary peak parking demands and that she would prefer 10' stall widths throughout, save for the accessible stalls. Member Piper stated 9' stalls have been approved routinely across the City and that he believes the up to 3" deviation is reasonable. Member Sagstetter stated he supports 10' stalls and a shortage of three stalls. Additional discussion regarding stall width and the cap on total stalls (77) occurred amongst the commission. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Planned Development Amendment to allow additional outdoor patio dining in conjunction with a full service restaurant for the parcel located at 1965 Cliff Lake Road, subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Patio Plan (48 seats) • Fencing Plan Advisory Planning Commission April 25, 2017 Page 4 of 14 2. The outdoor dining area is subject to City Code requirements including sewer availability charges (SAC) imposed as a result of the additional seating in the outdoor dining area. 3. A Building Permit shall be obtained for the patio expansion. 4. The Building Permit application shall address accessibility maneuverability and egress/accessible door clearances. 5. The outdoor patio gate shall comply with the Liquor Ordinance requirements. 6. A Fencing Plan shall be submitted in compliance with City Code requirements. All voted in favor. Motion carried 7-0. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Planned Development Amendment to modify parking stalls for the parcel located at 1965 Cliff Lake Road, subject to the following conditions: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. The following plan is required for the Agreement: • Site Plan 2. The Site Plan shall be revised to ensure the accessible parking stalls conform to the Minnesota Accessibility Code. 3. The Site Plan shall be revised to provide the correct measuring scale. 4. The lot shall be striped per the revised plan not to exceed 77 stalls. All voted in favor. Motion carried 7-0. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Planned Development Amendment to allow a pylon sign for the parcel located at 1965 Cliff Lake Road, subject to the following conditions: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. The following plans are required for the Agreement: • Site Plan • Sign Plan 2. Signage shall be subject to City Sign Code requirements. 3. The applicant shall work with City staff on the sign finishes as they relate to the LED antenna, electrical components and the trim caps. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2017 APPLICANT: Dewitt Exchange LLC PROPERTY OWNER: Same CASE: 29 -PA -05-03-17 HEARING DATE: April 25, 2017 APPLICATION DATE: March 21, 2017 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 1965 Cliff Lake Rd COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment with three components: • allow additional outdoor patio seating • modify parking layout and stall dimensions • allow a pylon sign All for the parcel located at 1965 Cliff Lake Rd, legally described as Lot 2, Block 1, Cliff Lake Centre 3rd Addition. AUTHORITY FOR REVIEW PD Amendment: 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 in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY Planning Report — Cliff Lake Marketplace April 25, 2017 Page 2 The subject site is part of the Eagan Hills West Planned Development, which was created in 1979. In 1988, the property was originally platted as Outlot B, Cliff Lake Center. The Comprehensive Guild Plan designates the land use of the site as RC (Retail Commercial). A Preliminary Planned Development was approved in 2002 noting Zoning classifications consistent with the land use designation include NB (Neighborhood Business), GB (General Business) and CSC (Community Shopping Center). The parcel was replatted as Cliff Lake Centre P Addition in 2002. A Final PD was approved in 2006 to allow 14,375 SF commercial retail building with 68 parking stalls. A PD Amendment was approved in 2015 to allow on sale liquor in conjunction with a full service restaurant. EXISTING CONDITIONS The 4.7 acre lot contains a retail strip center constructed in 2007. The 14,000 sq. ft. building has parking located to the front of the building and a storm water pond to the rear. The property fronts and takes access from a single driveway cut to Cliff Lake Road. The retail center consists of five lease spaces that currently include: Metro Dental, Crystal Jade restaurant, Wyatt's Twisted Americana restaurant and two vacant spaces. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Cliff Lake Townhomes PD, Planned Development MD, Medium Density Residential East Cliff Lake Centre PD, Planned Development RC, Retail Commercial South Regal Cinema PD, Planned Development RC, Retail Commercial West Eagan Pet Clinic PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Proposal — As described in the applicant's narrative, the applicant would like to modify the existing monument sign by adding a dynamic portion to the sign. Also, the applicant proposes to add additional outdoor patio seating space and redesign the parking lot by re -striping the stalls. The narrative states, "The changes that are proposed in the amendment will increase the viability of Wyatt's Americana..." The narrative also addresses the varied peak business hours between the existing tenants; "The parking needs of the dental Clinic (40% of the center) and the other retail/restaurant tenants have complimentary peak business hours. No complaints have been received to date". Compatibility with Surrounding Area — The surrounding uses include a vet clinic, commercial center, City park and townhomes. The use is consistent with Cliff Lake Center and appears to be compatible with the adjacent uses. Planning Report — Cliff Lake Marketplace April 25, 2017 Page 3 Patio Plan — Enclosure of the patio and controlled access from within the building is required if a restaurant will be serving liquor or if more than 24 seats are proposed, as is proposed for the tenant on the west end cap (Wyatt's Americana). The original approval included up to 24 outdoor seats. The applicant proposes to expand the size of the patio and create 48 outdoor seats. A Building Permit will be required for the patio expansion. A Fencing Plan is also required and is included as a condition of approval. The additional seating will be subject to sewer availability charges (SAC) charges. The outdoor patio gate should comply with the Liquor Ordinance requirements. Parking — The Planned Development Amendment approved in 2015 allowed for a deviation in parking stalls with the understanding of the history of the site and the owner's contention that the tenant mix resulted in different peak parking times. There are 68 existing parking stalls on the site whereas 103 stalls would be required by Code. The outdoor patio expansion results in 2 additional stalls required. Tenant Space(SF) a uirement Minimum Stalls Metro Dental 5,271 3/Dr or 1/150 (whichever is 35 10' 5 greater) Vacant 2,862 1/150 for office or 19 1/250 retail (office is greater 19 vs. 11) Vacant (formerly 1,450 1/3 seats Umbria Pizza) Crystal Jade 1,420 1/3 seats Wyatt's 3,132 1/3 seats + 1 for every 12 37 + 2 patio = 39 Restaurant seats over 24 (outdoor) 105 stalls required The applicant proposes to restripe the parking lot to gain additional parking stalls. The proposed plan identifies 76 stalls (plan should be revised to show 77 stalls) that range from 8-10' in width. This is a deviation from the existing and required stall width of 10' per City Code. See chart: Note, this does not include the four accessible parking stalls shown on the plan. Stall Width # of stalls 8.75' 8.8' 30 - 25 8.89' 9 9' 4 10' 5 Total 1 73 The revised parking plan also reallocates accessible parking stalls which should be in compliance with The Minnesota Accessibility Code. The Site Plan shows one of the accessible ramps Planning Report — Cliff Lake Marketplace April 25, 2017 Page 4 located within the required 8 -foot side access aisle which is not allowed. Additional revisions to the parking plan will be necessary which may impact the total number of stalls on site. Planned Development zoning can accommodate the general stall width deviation; however, the design for accessible parking must comply with all aspects of the MN Accessibility Code. Signage — A 7' h x 10' w monument sign with a 40 sf face currently exists on the property. The applicant proposes to increase the size of the sign to 9' h x 10'-5" w and to 64.24 sf face. This size is within City Code requirements. The proposal also includes a dynamic component. Given the speed limit on Cliff Lk Rd is 35 mph, the 9" min high letters, as proposed, is compliant with the dynamic sign code requirements. The LED antenna and electrical components should be screened from the right-of-way. Additionally, a trim cap should be added to the top and bottom of the sign to provide a finished look. The applicant should work with City staff on the sign finishes. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment with three components to allow various modifications to the site. The appropriateness of the proposed patio expansion, parking stall width deviations and modification of the monument sign to a pylon sign are policy matters to be determined by City officials. ACTIONS TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow additional outdoor patio dining in conjunction with a Full Service restaurant for the parcel located at 1965 Cliff Lake Road. If approved the following conditions shall apply: A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Patio Plan (48 seats) • Fencing Plan 2. The outdoor dining area is subject to City Code requirements including sewer availability charges (SAC) imposed as a result of the additional seating in the outdoor dining area. 3. A Building Permit shall be obtained for the patio expansion. 4. The Building Permit application shall address accessibility maneuverability and egress/accessible door clearances. 5. The outdoor patio gate shall comply with the Liquor Ordinance requirements. 6. A Fencing Plan shall be submitted in compliance with City Code requirements. Planning Report — Cliff Lake Marketplace April 25, 2017 Page 5 To recommend approval of a Planned Development Amendment to modify parking stalls for the parcel located at 1965 Cliff Lake Road. If approved the following conditions shall apply: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. The following plan is required for the Agreement: • Site Plan 2. The Site Plan shall be revised to ensure the accessible parking stalls conform to the Minnesota Accessibility Code. 3. The Site Plan shall be revised to provide the correct measuring scale. 4. The lot shall be striped per the revised plan not to exceed 77 stalls. To recommend approval of a Planned Development Amendment to allow a pylon sign for the parcel located at 1965 Cliff Lake Road. If approved the following conditions shall apply: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. The following plans are required for the Agreement: • Site Plan • Sign Plan 2. Signage shall be subject to City Sign Code requirements. 3. The applicant shall work with City staff on the sign finishes as they relate to the LED antenna, electrical components and the trim caps. 'LLCD- CST EL CL M CL C4 ' - L CD * if rrr mini or t �rr e. 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FA r 1998 Arlcwright Street Maplewood, IN 55117 (651) 329-6966 bmc55105@gmaiLcom March 14, 2017 Revised March 28, 2017 Sarah Thomas Planner, City of Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Re: Narrative for a Planned Development Amendment Cliff Lake Marketplace 1965 Cliff Lake Road Eagan, MN 55122 Dear Sarah, I am submitting this narrative on behalf of DeWitt Properties, LLC, for a Planned Development Amendment for the Cliff Lake Marketplace. The PD Amendment requests (a) additional outdoor patio space for Wyatt's Americana Restaurant, (b) add a programable LED sign to the existing ground sign, and (c) increase the number of parking spaces by re -striping the existing parking lot. The timing for this work is spring or summer 2017. The existing surrounding land uses include Cliff Lake Townhomes, a medium density residential complex to the north (PD), Cliff Lake Center, retail commercial (PD) to the east, Regal Cinema, retail commercial (PD) to the south, and Eagan Pet Clinic, retail commercial (PD) to the west. The proposed changes to Cliff Lake Marketplace will have minimal impact on the adjacent land uses. The parking needs of the Dental Clinic (40% of the center) and the other retail/restaurant tenants have complimentary peak business hours. No complaints have been received to date. The changes that are proposed in the amendment will increase the viability of Wyatt's Americanna by adding patio seating, increase the total parking spaces from (68) to (76), provide (4) HC spaces in lieu of (3), and make the existing monument sign more noticeable at it's current location. Although the expanded outdoor patio will eliminate (1) current parking space, the overall increase will include (2) spaces for the outdoor patio. No impact on City Services such as storm water run off or roads is anticipated. An adjustment to the existing SAC/WAC charges is anticipated. The proposed changes will benefit the overall shopping center by distributing additional parking spaces evenly to all tenants, by providing more centralized accessible parking, and increase the visibility of tenant identity signage to vehicular traffic. Feel free to call me at 651-329-6966 if you have any questions or other considerations. Bill McCrum Agenda Information Memo May 2, 2017, Eagan City Council Meeting NEW BUSINESS B. Interim Use Permit — Gertens Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) an Interim Use Permit for three years to operate a yard waste and compost facility and landscape center on Outlot A, Gopher Eagan Industrial Park 8th Addition, located northeast of Yankee Doodle and Elrene Roads at 805 Yankee Doodle Road, subject to the conditions listed in the APC minutes. To approve (or direct preparation of Findings of Fact for Denial) an Interim Use Permit for ten years to operate a yard waste and compost facility and landscape center on Outlot H, Gopher Eagan Industrial Park 2nd Addition, located northeast of Yankee Doodle and Elrene Roads at 805 Yankee Doodle Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: The property is located at the northeast corner of Yankee Doodle Rd. and Elrene Rd. ➢ A yard waste and compost facility has operated at this site for many years under series of Interim Use Permits (IUP's). The current IUP expires June 1, 2017. ➢ The subject site consists of two parcels, Outlot H and Outlot A. Outlot H is proposed to have a 10 -year term, and Outlot A is proposed with a 3 -year term. ➢ In 2016, Gertens received Conditional Use Permit (CUP) approval for commercial yard waste and composting on the adjacent property to the west, Outlot I. ➢ Gerten's intent is to relocate the composting operations currently on Outlot A to Outlot I; hence, the 3 -yr. term to allow for that transition. Operations on Outlot H are intended to continue longer-term in conjunction with Outlot I; thus, the longer 10 -yr. term. ➢ Storm water ponding was previously constructed on Outlot A. Water Resources staff has insufficient information to demonstrate that the ponds sufficiently treat stormwater to meet the applicable performance standards, and will require additional information in this regard as a condition of approval. ➢ Because the use operates under an Interim Use Permit, the Advisory Planning Commission's action reflects conditions allowing the existing gravel surface without curb and gutter to remain, subject to periodic staff inspection for adequacy in controlling dust and drainage. ➢ The Advisory Planning Commission held a public hearing on the proposal at their April 25, 2017 meeting, and did recommend approval. Issues: ➢ None 60 -Day Agency Action Deadline: ➢ May 20, 2017 Attachments: (4) NBB-1 Location Map NBB-2 Draft April 25, 2017, APC Meeting Minutes NBB-3 Planning Report NBB-4 Report Exhibits M 0 N - y G ..� LL o Z�... ..� �Z N T" � - ,L w E� OCc a "'� a ' o w 5 C o �� N • 1 CISa m' a v � Z y pJ LOZ � d (D d �O a rn a (D U o I Jt• r_. w i7 d �O L 3 V = N C w to 904 �a L N Y N �..►E OHS L LL a O z H y i � m ®�� GP 10M -A U' db ON3 III S ii E L 3�� la Advisory Planning Commission April 25, 2017 Page 5 of 14 C. Gertens Applicant Name: Gino Pitera, Gertens Location: 805 Yankee Doodle Rd; Outlot A, Gopher Eagan Industrial Park 8th Addition & Outlot H, Gopher Eagan Industrial Park 2nd Addition Application: Interim Use Permit An Interim Use Permit to allow a 10 yr extension to continue operations of existing yard waste, compost facility and landscape center on Outlot H. File Number: 12 -IN -02-03-17 Application: Interim Use Permit An Interim Use Permit to allow a 3 yr extension to continue operations of existing yard waste, compost facility and landscape center on Outlot A. File Number: 12 -IN -01-03-17 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 20, 2017. Member Sagstetter asked for clarification on the termination date for the Outlot H Interim Use Permit. City Planner Ridley stated the request is for ten years, and June 1, 2027 is correct. Member Vanderpoel asked about which parts of Outlot H City staff would prefer to be paved. Assistant City Engineer Nelson suggested anywhere vehicles would be driving should be paved. Gino Pitera, applicant, stated he was available for questions. Mr. Pitera stated the site is partially paved presently in areas where customers are parking to pick up/drop off material so they are not required to slog around on dirt or mud. Mr. Pitera indicated that the bulk storage bin areas, the driveway to the yard waste drop-off area, and the unloading area are all paved. He stated it would not be beneficial to pave the interior area because it is difficult to maintain the bituminous surfacing where the loaders and other equipment are regularly working. Member Piper asked the applicant to explain the vision for the three parcels and how Outlots H and A relate to Outlot I. Mr. Pitera explained their goal is to relocate operations on Outlot A to Outlot I, and continue operating on Outlot H. Member Vanderpoel inquired about the functions currently occuring on Outlot A, and the long- term intent for Outlot H. Mr. Pitera explained that the materials taken in are composted on Outlot A, soil is blended with the compost to make gardening soil, and brush that is brought in is chipped into mulch. Gertens intends to relocate these operations to Outlot I, and continue existing operations on Outlot H as is. Advisory Planning Commission April 25, 2017 Page 6 of 14 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. Some discussion occurred relative to the surfacing requirements for Outlot I. Mr. Nelson explained a recycled bituminous surface was approved as part of that Conditional Use Permit (CUP), and curb and gutter was not required. Member Piper asked if the outlots should be treated the same; ultimately, he noted there was a difference in that Outlot I was approved via Conditional Use Permit while Outlot H is subject to an Interim Use Permit. Member Piper moved, Member Heckmann seconded a motion to recommend approval of an Interim Use Permit to operate a yard waste and compost facility and landscape center on Outlot A, Gopher Eagan Industrial Park 8th Addition, located northeast of Yankee Doodle and Elrene Roads at 805 Yankee Doodle Road, subject to the following conditions: 1. This Interim Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan 2. The permit shall terminate upon the earlier of closure of the yard waste/compost facility use of the site, or June 1, 2020. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The applicant shall provide a detailed submittal of stormwater management and mitigation to clearly demonstrate and quantify that planned/implemented stormwater mitigation measures will provide sufficient volume to fully contain the runoff from a 1%/24 -hour precipitation frequency storm event from the Yard Waste Composting operations on Outlot A (including accounting for contribution and complying stormwater management and treatment from Outlot H operations). 5. The applicant shall provide a detailed submittal of stormwater management, mitigation and monitoring plan to clearly demonstrate and quantify that planned/implemented stormwater mitigation measure discharge shall not contain more than 0.050 mg/L of Total Phosphorus. 6. The property owner shall enter into a long-term stormwater management system maintenance and water quality monitoring agreement with the City of the permanent stormwater management system, detailing the recurring water quality monitoring (sampling/testing), inspections and maintenance required to occur to ensure continuous proper operation and performance, including perpetual retention capacity and capability so that no surface discharge leaves the site's graded areas to fully contain the runoff from a 1%/24 -hour precipitation frequency storm event, nor any illicit discharge, in a form acceptable to the City Attorney. Advisory Planning Commission April 25, 2017 Page 7 of 14 7. All parking, driveways, and outdoor storage areas shall be allowed to remain as a gravel surface. 8. The applicant shall obtain a Grading Permit from the City prior to the construction of the proposed outdoor storage, parking areas, driveway, and storm water management facility. Detailed plans for this grading work shall be prepared and signed by a licensed professional engineer. 9. If the existing gravel surfaces are allowed to remain as the surface material for parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 10. If no curb and gutter is used for the perimeter of the proposed parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of drainage and containment purposes. The first review will occur two years following approval of this permit. If the lack of curb and gutter is determined to be inadequate, the City will require that concrete curb and gutter be installed. 11. All storage areas shall be properly maintained to prevent deterioration. 12. At the expiration of the IUP, the applicant shall obtain a grading permit from the City and restore all hard surfaces (outdoor storage areas, parking areas, and the driveway) back to turf in a manner acceptable to the City Engineer. Detailed plans for this grading work shall be prepared and signed by a licensed professional engineer All voted in favor. Motion carried 7-0. Member Piper moved, Member Heckmann seconded a motion to recommend approval of an Interim Use Permit to operate a yard waste and compost facility and landscape center on Outlot H, Gopher Eagan Industrial Park 2nd Addition, located northeast of Yankee Doodle and Elrene Roads at 805 Yankee Doodle Road, subject to the following conditions: 1. This Interim Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: 2. The permit shall terminate upon the earlier of closure of the yard waste/compost facility use of the site, or June 1, 2027. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The applicant shall provide a detailed submittal of stormwater management and mitigation to clearly demonstrate and quantify that planned/implemented stormwater mitigation measures will provide sufficient volume to fully contain the runoff from a 1%/24 -hour precipitation frequency storm event from the Yard Waste Composting Advisory Planning Commission April 25, 2017 Page 8 of 14 operations on Outlot A (including accounting for contribution and complying stormwater management and treatment from Outlot H operations). 5. The applicant shall provide a detailed submittal of stormwater management, mitigation and monitoring plan to clearly demonstrate and quantify that planned/implemented stormwater mitigation measure discharge shall not contain more than 0.050 mg/L of Total Phosphorus. 6. The property owner shall enter into a long-term stormwater management system maintenance and water quality monitoring agreement with the City of the permanent stormwater management system, detailing the recurring water quality monitoring (sampling/testing), inspections and maintenance required to occur to ensure continuous proper operation and performance, including perpetual retention capacity and capability so that no surface discharge leaves the site's graded areas to fully contain the runoff from a 1%/24 -hour precipitation frequency storm event, nor any illicit discharge, in a form acceptable to the City Attorney. 7. All parking, driveways, and outdoor storage areas shall be allowed to remain as a gravel surface. 8. The applicant shall obtain a Grading Permit from the City prior to the construction of the proposed outdoor storage, parking areas, driveway, and storm water management facility. Detailed plans for this grading work should be prepared and signed by a licensed professional engineer. 9. If the existing gravel surfaces are allowed to remain as the surface material for parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 10. If no curb and gutter is used for the perimeter of the proposed parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of drainage and containment purposes. The first review will occur two years following approval of this permit. If the lack of curb and gutter is determined to be inadequate, the City will require that concrete curb and gutter be installed. 11. All storage areas shall be properly maintained to prevent deterioration. 12. At the expiration of the IUP, the applicant shall obtain a grading permit from the City and restore all hard surfaces (outdoor storage areas, parking areas, and the driveway) back to turf in a manner acceptable to the City Engineer. Detailed plans for this grading work shall be prepared and signed by a licensed professional engineer. Chair Filipi stated that while Outlot I is not before the Commission at this time, Outlot H is one of the two parcels that will remain in continuous use, and he believes it should be treated similar to Outlot 1. Member Piper agreed, but differed in that the permit for Outlot H is an Interim Use Permit not a Conditional Use Permit, so it will be different than Outlot I. If Outlot I were an Interim Use Advisory Planning Commission April 25, 2017 Page 9 of 14 Permit then he would support the conditions matching up on Outlots H and I, such as the recycled bituminous surfacing. But since the Outlot H request is an Interim Use Permit with a 10 year term, it gives the City some flexibility if things aren't working out. Member Sagstetter noted condition 12 requires all surfaces to be restored back to turf, upon termination of the Interim Use Permit. Therefore, it doesn't make sense to require a large investment when it isn't intended to be permanent, especially since the existing conditions have not generated complaints or concerns. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2017 APPLICANT: Gertens PROPERTY OWNER: Gopher Resource, LLC REQUEST: Interim Use Permit LOCATION: 805 Yankee Doodle Road COMPREHENSIVE PLAN: IND, Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 12 -IN -01-03-17 & 12 -IN -02-03-17 HEARING DATE: April 25, 2017 APPLICATION DATE: April 4, 2017 PREPARED BY: Pamela Dudziak The applicant is requesting approval of an Interim Use Permit to operate a yard waste compost facility and landscape yard at 805 Yankee Doodle Road, located north of Yankee Doodle Road at Elrene Road in the SW 1/4 of Section 12. The existing facility is located on Outlot H, Gopher Eagan Industrial Park 2nd Addition and Outlot A, Gopher Eagan Industrial Park 8th Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and Planning Report — Gertens April 25, 2017 Pap -e 2 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. 6. The city determines that the property is in compliance with City Code. City Code Chapter 11, Section 11. 50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 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 change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 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. S. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, 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 Planning Report — Gertens April 25, 2017 Page.3---.,,. 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. BACKGROUNWHISTORY A yard waste and composting facility has been operating in this location since 1992. A series of Interim Use Permits have been granted, so the use has been reevaluated and modified over time. The last Interim Use Permit for these two parcels was approved on June 1, 2007, scheduled to expire June 1, 2017. In 2016, the adjacent property to the west, Outlot I Gopher Eagan Industrial Park 2nd Addn., was rezoned to I-1 (Limited Industrial) and received Conditional Use Permit approval to operate a compost facility. Gertens currently leases Outlots A and H from Gopher Resources, and it is Gertens intent to relocate the composting operations from Outlot A to Outlot I. A detailed history of these Permits is below: June 1992 — Approval of the first Interim Use Permit for a five-year term to allow a County compost and yard waste facility on Outlot I, Gopher Eagan Industrial Park 2nd Addition; expired June of 1997). May 1997 — Interim Use Permit allowing expansion onto Outlot H, three-year term; permits expired June 2000. April 1999 — Interim Use Permit allowing expansion of the facility to include Outlot A Gopher Eagan Industrial Park 8th Addn. (formerly Outlot G, Gopher Eagan Industrial Park 2nd Addn.); both interim use permits expired in June 2000. May 2000 — Interim Use Permit granted for one-year; expired June 3, 2001. July 2001 — Interim Use Permit approved for a three-year term; expired July 2004. June 2004 — Interim Use Permit approved for a three-year term, expired June 1, 2007. June 2007 Interim Use Permit approved for Outlots H and Outlot A, scheduled to expire June 1, 2017. Sept. 2016 Conditional Use Permit approved for adjacent Outlot I; CUP has no expiration date. EXISTING CONDITIONS The existing facility takes access from Yankee Doodle Road opposite Elrene Road. The topography is such that the site is below the grade of Yankee Doodle Road. Natural vegetation and trees buffer the composting area on the eastern portion of the site from Yankee Doodle Road. After renewing the Interim Use Permit in 1997, landscaping was installed along the south edge of Outlot H along Yankee Doodle Road. Storm drainage water treatment ponding has also been constructed on the site. Planning Report — Gertens April 25, 2017 Paae 4 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — Gertens is requesting renewal of an Interim Use Permit to continue operating a commercial yard waste compost facility and landscape yard upon two parcels located north of Yankee Doodle Road opposite Elrene Road. The current proposal makes no changes to existing operations on Outlot H, and will eventually lead to removal and closure of operations on Outlot A. Term — A 3 -year term is requested for Outlot A, and a 10 -year term is proposed for Outlot H. Gertens intends to relocate yard waste and composting operations from Outlot A to Outlot I. It will take some time to prepare Outlot I, relocate the waste materials and close out operations on Outlot A. Gertens is requesting to renew the IUP on Outlot A for a 3 -year term to allow time for this transition to occur. Gertens intends to continue utilizing Outlot H for the foreseeable future, and is requesting to renew the Interim Use Permit on Outlot H for a 10 -year term. The acceptability of the requested terms is a policy matter for City officials. C_om ata ibility with Surroundint? Area — The site is located within an industrial district. The property to the north is Thresher Fields Park which contains soccer fields and a dog park. The property to the west, Outlot I, was recently acquired by Gertens, is zoned Limited Industrial and has Conditional Use Permit approval to operate a commercial yard waste composting facility. To the south across Yankee Doodle Road are residential townhomes, and industrial uses are located east and northeast of the site. Airport Noise Considerations — The property is located within Airport Noise Zone 4 Buffer. Industrial uses are considered compatible within the Zone 4 Buffer. Existing Use Zoning Land Use Designation North Gopher Resources/ I-1, Limited Industrial/ P, IND, Industrial/P, Park and City park Park Recreational Open Space South Townhomes/ R-3, Residential MD, Medium Density/ Thomson -West Townhome/PD, Planned IND, Industrial Publishing Develo ment East Gopher Resources I PD, Planned Development IND, Industrial West Gertens —1996 CUP for I-1, Limited Industrial IND, Industrial yard waste and compostinL} EVALUATION OF REQUEST Proposal — Gertens is requesting renewal of an Interim Use Permit to continue operating a commercial yard waste compost facility and landscape yard upon two parcels located north of Yankee Doodle Road opposite Elrene Road. The current proposal makes no changes to existing operations on Outlot H, and will eventually lead to removal and closure of operations on Outlot A. Term — A 3 -year term is requested for Outlot A, and a 10 -year term is proposed for Outlot H. Gertens intends to relocate yard waste and composting operations from Outlot A to Outlot I. It will take some time to prepare Outlot I, relocate the waste materials and close out operations on Outlot A. Gertens is requesting to renew the IUP on Outlot A for a 3 -year term to allow time for this transition to occur. Gertens intends to continue utilizing Outlot H for the foreseeable future, and is requesting to renew the Interim Use Permit on Outlot H for a 10 -year term. The acceptability of the requested terms is a policy matter for City officials. C_om ata ibility with Surroundint? Area — The site is located within an industrial district. The property to the north is Thresher Fields Park which contains soccer fields and a dog park. The property to the west, Outlot I, was recently acquired by Gertens, is zoned Limited Industrial and has Conditional Use Permit approval to operate a commercial yard waste composting facility. To the south across Yankee Doodle Road are residential townhomes, and industrial uses are located east and northeast of the site. Airport Noise Considerations — The property is located within Airport Noise Zone 4 Buffer. Industrial uses are considered compatible within the Zone 4 Buffer. Planning Report — Gertens April 25, 2017 Page 5 Site Plan — The proposed Site Plan reflects existing conditions with no changes proposed. The Site Plan identifies area of compost windrows, composting materials, ponding and mulch area, bulk landscape supplies, pallet supplies, and bins. Landscaping — No new landscaping is proposed on either parcel at this time. New landscaping was installed along Yankee Doodle Road following the 1997 IUP approval. Tree Preservation — The site contains wooded areas, however, no tree removal is proposed on either parcel at this time. Wetlands — Although the City considers Pond EP -2.10 a wetland, City Code § 11.67, wetland protection and management regulations, does not apply because no proposed land disturbing activities or development will impact the area. Stormwater ManaL-ement/Water Quality — The Yard Waste Composting Facility on Outlot A occupies approximately 6.7 -acres of the 12.67 -acre parcel. The stormwater runoff from the Yard Waste Compost Facility is directed through two privately owned and maintained on-site stormwater settling ponds (EP -2.7 & EP -2.71) prior to discharge from EP -2.7's outlet structure, directly by pipe and channel, into North Lake (EP -2, one of the City's priority lakes), which is located immediately to the northwest of the parcel. Stormwater pond EP -2.71 is considered the "Compost Leachate Testing Pond", which then discharges into Stormwater Pond EP -2.7. The landscape bulk -material bin/storage/loading area on Outlot H occupies approximately 6.5 -acres of the 10 -acre parcel. The stormwater runoff from the Bulk Materials storage/loading area is directed to stormwater basin EP -2.7 located on Outlot H. The on-site stormwater ponds were originally planned and constructed, with the 1997 Interim Use Permit for Outlots A & H, to "provide sufficient wet volume to fully contain the runoff from very large rainfall events (i.e. over ten-year recurrence interval precipitation events)" to minimize discharge and provide adequate protection of water quality in Pond EP -2 (North Lake). Water quality impact from plant material/composting leachate was the main consideration for planning for stormwater containment for very large rainfall events at this site for this use. Further grading work affecting the stormwater basins has occurred since the issuance of an Interim -Use Permit in 2007. Currently, the final stormwater treatment pond (EP -2.7) discharges to North Lake during small precipitation events. City staff conducted one water quality sampling event of pond EP -2.7 discharge flow to North Lake during dry weather conditions and test results for Total Phosphorus were 0.50 mg/L (approximately eight times the Lake Standard of 0.06 mg/L). If this level of phosphorus contribution from this site is recurrent, this would result in very significant phosphorus loading into North Lake. The Minnesota Pollution Control Agency (MPCA) permits this facility according to MN Rules Chapter 7035.2836 for Compost Facilities, which requires in Subpart 3: E. Surface water drainage runoff must be controlled to prevent leachate leaving the facility. Surface water drainage run-on must be diverted from the compost storage areas; F. The facility shall be constructed and operated to prevent discharge of yard waste, leachate, residuals, and the final product into waters of the state. Dakota County permits Planning Report — Gertens April 25, 2017 Page 6 this facility according to Ordinance No. 110, Chapter 13.04 for Yard Waste Management Only Composting Facilities: D. All surface water run-off and leachate must be collected for re -use, on-site treatment, or transported off-site for treatment or proper disposal. The City of Eagan is responsible to fulfill comprehensive requirements to prevent stormwater pollution to protect its priority lakes from exceeding State Water Quality Standards (i.e. impaired). Fortunately, North Lake, which is adjacent to Outlot A, currently is not impaired for excessive phosphorus. Furthermore, the City is investing over seven million dollars over the next five years to address existing impaired lakes, through the 2018-2022 Public Works Capital Improvement Plan. The applicant proposes to meet City water quality/stormwater requirements, and State and County rules, by providing the following list as a "Mitigation Plan": 1) the expansion of the on- site basins to allow longer treatment periods, 2) installation of a filter berm system at the inlet of the leachate pond, 3) placing aquatic plants in the pond for nutrient uptake, 4) batch -treatment of ponds with a chitosan flocculant for neutralize phosphorus, 5) pumping down the ponds to increase capacity, and 6) expediting the relocation of the yard waste composting operations to Outlot I. Eagan Water Resources has reviewed the applicant's submitted information for stormwater management on Outlot A. No details for any of the proposed stormwater runoff/illicit discharge mitigation measures were provided, so it is not possible to determine if they would meet requirements. As presented, the applicant's plan does not adequately demonstrate, with sufficient detail, that nutrient rich stormwater runoff discharge into North Lake will be eliminated from the site's stormwater ponds (EP -2.7 and EP -2.71) Items #3 & #4 are unacceptable (invasive plant species and wrong product for phosphorus removal). For the plan to be acceptable, the following suggested conditions should apply: The applicant should provide a detailed submittal of stormwater management and mitigation to clearly demonstrate and quantify that planned/implemented stormwater mitigation measures will provide sufficient volume to fully contain the runoff from a 1%/24 -hour precipitation frequency storm event from the Yard Waste Composting operations on Outlot A (including accounting for contribution and complying stormwater management and treatment from Outlot H operations). • The applicant should provide a detailed submittal of stormwater management, mitigation and monitoring plan to clearly demonstrate and quantify that planned/implemented stormwater mitigation measure discharge should not contain more than 0.050 mg/L of Total Phosphorus. • The property owner should enter into a long-term stormwater management system maintenance and water quality monitoring agreement with the City of the permanent stormwater management system, detailing the recurring water quality monitoring Planning Report — Gertens April 25, 2017 Page 7 (sampling/testing), inspections and maintenance required to occur to ensure continuous proper operation and performance, including perpetual retention capacity and capability so that no surface discharge leaves the site's graded areas to fully contain the runoff from a 1%/24 -hour precipitation frequency storm event, nor any illicit discharge, in a form acceptable to the City Attorney. Utilities — 12" public water main was previously extended to the site at the entrance from Yankee Doodle Road. The applicant proposes to extend the water main and install a fire hydrant on the west side of the entrance. The applicant will need to acquire the appropriate permits and approvals from Dakota County to extend the water main through county right-of-way, and restore any damage to the street, curb and gutter, and boulevard to County requirements. Streets/Access/Circulation — Access to the site is from the existing 21 -foot wide private driveway located at the north leg of the Yankee Doodle Road and Elrene Road intersection. The existing entrance is located on the west half (future southbound lane) of the street stub provided at Yankee Doodle Road. The east half (future northbound lane) of the future entrance road has not yet been constructed. Outlots H and A have a gravel parking/storage area and approximately the first 200' feet of the driveway is paved. No changes to hard surfaces are proposed. City Code requires parking, driveways, outdoor storage areas, etc. be surfaced with a material to control dust and drainage, and that the surface should be properly maintained to prevent deterioration. Bituminous asphalt is the most -widely -used surfacing material to accomplish this requirement and is required for outdoor storage areas. Gravel has typically not been considered an acceptable construction material. There are a number of similar areas within the City that have been allowed to use recycled bituminous aggregate surfacing for parking, driveways, outdoor storage areas. Those Conditional Use Permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. New gravel surfaces have generally been discouraged. If the existing gravel is allowed to remain, or recycled bituminous aggregate installed, such periodic review should be a condition of approval. If, upon review, the gravel or recycled bituminous aggregate surface is determined to be inadequate, the City will require the parking, driveways, outdoor storage areas to be resurfaced with bituminous asphalt. The perimeter of parking, driveways, outdoor storage areas, etc., have historically been constructed with concrete cub and gutter for drainage and containment purposes. No curb and gutter currently exist on the site, and the applicant does not propose any modifications. If no curb and gutter is used, a condition for a periodic staff review of its condition and effectiveness should be a condition of approval. If, upon review, the lack of curb and gutter is determined to be inadequate, the City will require concrete curb and gutter be installed. The applicant should obtain a Grading Permit from the City prior to the construction of the proposed outdoor storage, parking areas, driveway, and storm water management facility. Planning Report — Gertens April 25, 2017 Page 8 Detailed plans for this grading work should be prepared and signed by a licensed professional engineer. The Dakota County Transportation Department has identified the intersection of Elrene Road and Yankee Doodle Road (CSAH 28) for a future traffic signal, when traffic volumes warrant. County staff has indicated that the proper alignment of the existing driveway, adding a northbound drive lane that lines up with the south side of the intersection, and flattening approach grades (currently 12%) of the existing driveway, will need to be completed to allow the signal from being installed. They indicated that a relatively flat (2%) entrance would need to be maintained for at least the first 200 feet north of the entrance for a traffic signal to be installed. If 2% grade was maintained, this would require the driveway, and surrounding areas, to be raised by several feet, which would likely require substantial retaining walls be constructed. The installation of the traffic signal, and surrounding improvements, would likely occur when the property develops. At the expiration of the NP, the applicant should obtain a grading permit from the City and restore all hard surfaces (outdoor storage areas, parking areas, and the driveway) back to turf in a manner acceptable to the City Engineer. Detailed plans for this grading work should be prepared and signed by a licensed professional engineer. Draina-oe & Utilit w Easement — Public drainage and utility easements currently exist around North Lake, and the stormwater pond at the north end of Outlots H and A. No other easements are necessary until the property develops and is re -platted in the future. Financial Obli=gation — At this time, there are no pending assessments on either parcel. SUMMARY/CONCLUSION The applicant is requesting to renew two Interim Use Permits to continue to operate a yard waste and compost facility and landscape center on two parcels at 805 Yankee Doodle Road. The facility has operated in this location for years under a series of Interim Use Permits, with the current IUP's expiring June 1, 2017. In 2016, the adjacent property to the west, Outlot I Gopher Eagan Industrial Park 2nd Addn., was rezoned to I-1 (Limited Industrial) and received Conditional Use Permit approval to operate a compost facility. Gertens currently leases the subject site, Outlots A and H, from Gopher Resources, and it is Gertens intent to relocate the composting operations from Outlot A to Outlot I. Gertens is requesting a 3 -year term for Outlot A, and a 10 -year term for Outlot H. Because the use is considered interim, permanent improvements to the property have not been made. With the renewed IUP, City officials are asked to determine the level of site improvements appropriate to the use. In addition, the current stormwater management proposal is inadequate to achieve water quality standards. Additional detailed information is required to Planning Report — Gertens April 25, 2017 Page 9 identify and demonstrate proposed water quality measures will sufficiently improve the quality of runoff from the site entering North Lake. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to operate a yard waste and compost facility and landscape center on Outlot A, Gopher Eagan Industrial Park 8th Addition, located northeast of Yankee Doodle and Elrene Roads at 805 Yankee Doodle Road. If approved the following conditions shall apply: 1. This Interim Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan 2. The permit shall terminate upon the earlier of closure of the yard waste/compost facility use of the site, or June 1. 2020. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The applicant shall provide a detailed submittal of stormwater management and mitigation to clearly demonstrate and quantify that planned/implemented stormwater mitigation measures will provide sufficient volume to fully contain the runoff from a 1%/24 -hour precipitation frequency storm event from the Yard Waste Composting operations on Outlot A (including accounting for contribution and complying stormwater management and treatment from Outlot H operations). 5. The applicant shall provide a detailed submittal of stormwater management, mitigation and monitoring plan to clearly demonstrate and quantify that planned/implemented stormwater mitigation measure discharge shall not contain more than 0.050 mg/L of Total Phosphorus. 6. The property owner shall enter into a long-term stormwater management system maintenance and water quality monitoring agreement with the City of the permanent stormwater management system, detailing the recurring water quality monitoring (sampling/testing), inspections and maintenance required to occur to ensure continuous proper operation and performance, including perpetual retention capacity and capability so that no surface discharge leaves the site's graded areas to fully contain the runoff from a 1 %/24-hour precipitation frequency storm event, nor any illicit discharge, in a form acceptable to the City Attorney. Planning Report — Gertens April 25, 2017 Page 10 7a. All parking, driveways, and outdoor storage areas shall be allowed to remain as a gravel surface. OR 7b. All parking, driveways, and outdoor storage areas shall be surfaced with rec\ cled bituminous asphalt. OR 7c. All parking, driveways, and outdoor storage areas shall be surfaced with bituminous asphalt. 8. The applicant shall obtain a Grading Permit from the City prior to the construction of the proposed outdoor storage, parking areas, driveway, and storm water management facility. Detailed plans for this grading work shall be prepared and signed by a licensed professional engineer. 9a. If the existing gravel surfaces are allowed to remain as the surface material for parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. OR 9b. If the existing gravel surfaces are required to be replaced with recycled bituminous asphalt aggregate for the parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. I Oa. The perimeter of the proposed parking, driveways, and outdoor storage areas shall be constructed with concrete curb and gutter. OR 1 Ob. If no curb and gutter is used for the perimeter of the proposed parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of drainage and containment purposes. The first review will occur two years following approval of this permit. If the lack of curb and gutter is determined to be inadequate, the City will require that concrete curb and gutter be installed. 11. All storage areas shall be properly maintained to prevent deterioration. 12. At the expiration of the IUP, the applicant shall obtain a grading permit from the City and restore all hard surfaces (outdoor storage areas, parking areas, and the driveway) back to turf in a manner acceptable to the City Engineer. Detailed Planning Report — Gertens April 25, 2017 Page 11 plans for this grading work shall be prepared and signed by a licensed professional engineer. To recommend approval of an Interim Use Permit to operate a yard waste and compost facility and landscape center on Outlot H, Gopher Eagan Industrial Park 2nd Addition, located northeast of Yankee Doodle and Elrene Roads at 805 Yankee Doodle Road. If approved the following conditions shall apply: 1. This Interim Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: 2. The permit shall terminate upon the earlier of closure of the yard waste/compost facility use of the site, or June 1. 2027. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The applicant shall provide a detailed submittal of stormwater management and mitigation to clearly demonstrate and quantify that planned/implemented stormwater mitigation measures will provide sufficient volume to fully contain the runoff from a 10/o/24 -hour precipitation frequency storm event from the Yard Waste Composting operations on Outlot A (including accounting for contribution and complying stormwater management and treatment from Outlot H operations). 5. The applicant shall provide a detailed submittal of stormwater management, mitigation and monitoring plan to clearly demonstrate and quantify that planned/implemented stormwater mitigation measure discharge shall not contain more than 0.050 mg/L of Total Phosphorus. 6. The property owner shall enter into a long-term stormwater management system maintenance and water quality monitoring agreement with the City of the permanent stormwater management system, detailing the recurring water quality monitoring (sampling/testing), inspections and maintenance required to occur to ensure continuous proper operation and performance, including perpetual retention capacity and capability so that no surface discharge leaves the site's graded areas to fully contain the runoff from a 1%/24 -hour precipitation frequency storm event, nor any illicit discharge, in a form acceptable to the City Attorney. Planning Report — Gertens April 25, 2017 Paze 12 7a. All parking, driveways, and outdoor storage areas shall be allowed to remain as a gravel surface. OR 7b. All parking, driveways, and outdoor storage areas shall be surfaced with recti cled bituminous asphalt. OR 7c. All parking, driveways, and outdoor storage areas shall be surfaced with bituminous asphalt. 8. The applicant shall obtain a Grading Permit from the City prior to the construction of the proposed outdoor storage, parking areas, driveway, and storm water management facility. Detailed plans for this grading work should be prepared and signed by a licensed professional engineer. 9a. If the existing gravel surfaces are allowed to remain as the surface material for parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. OR 9b. If the existing gravel surfaces are required to be replaced with recycled bituminous asphalt aggregate for the parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. I Oa. The perimeter of the proposed parking, driveways, and outdoor storage areas shall be constructed with concrete curb and gutter. OR I Ob. If no curb and gutter is used for the perimeter of the proposed parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of drainage and containment purposes. The first review will occur two years following approval of this permit. If the lack of curb and gutter is determined to be inadequate, the City will require that concrete curb and gutter be installed. 11. All storage areas shall be properly maintained to prevent deterioration. 12. At the expiration of the IUP, the applicant shall obtain a grading permit from the City and restore all hard surfaces (outdoor storage areas, parking areas, and the driveway) back to turf in a manner acceptable to the City Engineer. Detailed plans for this grading work shall be prepared and signed by a licensed professional engineer. r.- 9 O N O Z N T- E E ti i r 1 0 1 LNo On 1 C Z i N G 1 ' G> N T- EE a .. 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L O '72, L 9) N f6 1 Ln O •� -O a Q A O Q m u W a m a 0 t� 3 E a� Y c'0 w} 3 G } rn Y C3 141 C `S m r+ O a t0 '— N 'C J G v m i� O i N to 1 d c a o +, m. 3 a_+ a N Q ?O E mi Yp O € QA L -0 mu O m W WO vl w Y u m p x d i ++ Q o- Q w m m m a u w t7 1 N rq M v ri l7 O I Y � J L 1 � O z L O/ L o Written Narrative Interim Use Permit Extension To approve a 10 year extension of the existing Interim Use Permit to June 1, 2028 to allow the continued operation of the existing yard waste, compost facility and landscape center on Outlot H Gopher Eagan Industrial Park 2nd Addition and Outlot A Gopher Eagan Industrial Park 8th Addition both located in the SW 1/4 of Section 12, north of Yankee Doodle Road at Elrene Road. Plan Moving Forward. The compost facility has operated in this Iocation since 1992 and Gertens has operated the site since 2007. The Interim Use Permit for this site has been before the City on numerous occasions and has been renewed as needed over the course of those years. Gopher Resource Corporation (Gopher) is the fee owner of the sites. Thru a lease of both Outlots with Gopher Gertens operates the site. The City of Eagan has issued an Interim Use Permit for the operation of a yard waste, compost facility and landscape center which currently runs until June 1, 2017 that allows Gertens to operate the site. The property is comprehensive guided "Industrial". Gertens purchased Outlot I Eagan Industrial Park 2nd Addition from the city of Eagan and has been granted a Conditional Use Permit to operate compost facility on that Outlot, and Gertens plan is to move that part of the operation that currently operates on Outlot A Gopher Eagan Industrial Park 8th Addition to Outlot I Industrial Park 2nd Addition and properly close this part of the operation. Gertens will accomplish this over the next couple of years and when properly closed will redo the lease with Gopher to allow Gertens to operate under the lease only on Outlot H with a right also to just use the storm water pond that is located on Outlot A that serves Outlot H. Gopher has a strong desire to continue offering this site under lease to Gertens for the operation and has agreed to redo and continue to allow Gertens to operate on Outlot H thru the renegotiated lease which will be redone once Outlot A is properly closed to Gopher's satisfaction. Gertens will be making application for a grading permit for Outlot I before April 1St of this year and once approved will begin work on the site so it can be ready as soon as possible to begin accepting yard waste on this new area which will allow them to cease accepting yard waste on Outlot A so they can begin the process of closing properly this part of the operation which again will take 1 or 2 seasons to accomplish. Gregg Thompson, Eagan Water Resources Specialist Comments and Response From Applicant. Attached the comments e-mail from Gregg Thompson. Outlot H comments, 1. Comments are correct and the applicant agrees. 2. The applicants response to these comments is the fact that the applicant will have access to the use of the ponds on Outlot A now and in the future, the lease that Gertens has with Gopher requires that Gertens maintain all facilities on Outlot A and H and has a lease in place on both of these Outlots that runs until February 28th, 2032. When that part of the operation on Outlot A that contains the Compost/Mulch area and is moved to Outlot 1 the lease will be modified to exclude just this area of Outlot A but the Lessee Gertens will thru the lease still have the right to use the ponds on Outlot A to serve Outlot H. 3. A. As the ponds are not to be filled in and Gertens is responsible for the maintenance of the ponds on Outlot A as required under their lease with Gopher, Gertens would be the responsible party that would sign a stormwater management and maintenance agreement. B. Pioneer Engineering our engineer states that the 4' sump with floatables skimmer is not an unreasonable request. C. The applicant will have Pioneer Engineering provide the wet volumes when weather permits. Outlot A Comments. 1. This information regarding the use of stormwater ponds on Outlot A is correct. 2. Pioneer Engineering and Gertens have discussed 3 different options that will contain the illicit discharge from Outlot A ponds and will work with city staff regarding the installation of one of these options for installation into the ponds to the city staffs satisfaction. 3. Gertens is responsible for maintenance of the ponds and will enter into a management agreement with the city if there is not already one in place. Current wet volumes will be provided to the city once weather permits. Gertens and Gopher ask for your approval of this extension to the existing Interim Use Permit EXHIBIT A CURRENT PERMITTED ACTIVITIES • Retail and wholesale sales of landscape supplies, to primarily include screened composted material, soil amendments, natural landscape mulches, colored landscape mulches, decorative landscape rock/boulders, landscape fabric/edging • Taking in and the recycling and processing of yard wastes • Composting and processing yard waste • Grinding and processing wood mulches • Transloading of landscape supplies • Upgrading of facilities: Grading Paving Lighting Bin Construction New office trailer Storage containers Fencing (security of site) • Soil bending and processing Agenda Information Memo May 2, 2017, Eagan City Council Meeting NEW BUSINESS C. Planned Development Amendment — Beyond Self Storage/North Point Development Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow the construction of a three-story self -storage facility for the parcel legally described as Lot 3, Block 2, Oakview Center, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ At least three votes Facts: ➢ The subject site is part of the Oakview Center Planned Development (PD) consisting of 8 lots over 19 acres. ➢ The property was platted in 1999. ➢ The site is vacant and was previously cleared and graded. ➢ The Preliminary PD approved an 8,580 SF single story office/clinic. ➢ The proposed 91,800 SF building is located on the western side of the site. ➢ Traditionally, self -storage has been treated as "warehousing" and permitted in Limited Industrial (1-1) zoning districts. ➢ The underlying zoning district of Neighborhood Business (NB) requires a Conditional Use Permit or PD for buildings larger than 25,000 SF. ➢ The proposed development results in deviations to building coverage, building materials and parking stall width. ➢ The Advisory Planning Commission (APC) held a Public Hearing on April 25, 2017 and recommended denial on a 4-3 vote (Filipi, Dierkes and Weimert opposed). Issues: ➢ APC members that voted to deny the project cited the location (commercial v. industrial), the size and coverage of the building and the proposed Class V exterior material. ➢ During their discussion, two of the APC members who voted against the project stated they would have been more favorable toward the project if the corrugated metal exterior material (Class V) was excluded. ➢ Staff clarified the proposal exceeds Green Space requirements and is not a deviation as noted in the staff report. 60 -Day Agency Action Deadline: May 15, 2017 Attachments: (5) NBC -1 Location Map NBC -2 Draft April 25, 2017 APC Minutes NBC -3 Planning Report NBC -4 Report Exhibits NBC -5 Applicant's supplemental narrative Advisory Planning Commission April 25, 2017 Page 10 of 14 D. Beyond Self Storage Applicant Name: Nathaniel Haydorn, NorthPoint Development Location: Lot 3, Block 2, Oakview Center Application: Planned Development Amendment A Planned Development Amendment to allow a climate controlled internal self -storage facility. File Number: 12 -PA -06-03-17 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 20, 2017. Member Piper asked what staff research has uncovered regarding locating this type of facility in or near retail/commercial areas. Planner Thomas stated staff is aware of a strong interest based on calls from brokers and self - storage developers. Member Vanderpoel asked if corrugated metal has been utilized on any other developments in the City. Ms. Thomas stated she was unaware of such a circumstance. JJ Jenkins, applicant, provided a brief summary of NorthPoint Development. Todd Mohagen, architect, spoke to the deviations requested with the development. Member Vanderpoel asked why the building is so big. Mr. Mohagen explained the building size dictates the economics of the proposed development. Mr. Jenkins explained that the building design offers a drive-in, back out movement. Member Piper asked about the proposed location and Mr. Jenkins stated their desire is to be in retail versus industrial areas. 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. Subsequent to the motion and second, Member Piper stated his belief that the use would be more appropriate in an industrial zone and, therefore, he would not support the motion. Member Vanderpoel agreed. Member Heckmann stated she would vote "no" also due to the material deviation of corrugated metal. Architect Mohagen stated they could work with staff to change out the corrugated metal to a permitted material. Advisory Planning Commission April 25, 2017 Page 11 of 14 Member Weimert moved, Member Filipi seconded a motion to recommend approval of a Planned Development Amendment to allow the construction of a three-story self -storage facility located upon 2.8 acres of land east of Holiday Lane, north of TH 55 and south of Courthouse Lane legally described as Lot 3, Block 2, Oakview Center, subject to the following conditions: 1. A written Planned Development Amendment Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the PD Amendment Agreement. • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan 2. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Tree Preservation Plan • Final Site Lighting Plan 3. The trash enclosure shall be constructed consistent with requirements of the City Code and include a screening gage of 90% or greater opacity. 4. The Applicant shall revise the Photometric Plan to include a wallpack on the east elevation above the exit door. 5. The Applicant shall provide lighting specifications. 6. All signage shall comply with City Sign Code requirements. 7. Building identification numbers shall be installed consistent with City Code Section 2.78. 8. Compliance with placement of equipment and screening standards for both rooftop units and ground service and mechanical areas shall be shown on the plans and demonstrated at the time of Building Permit. 9. The Applicant shall work with staff on a revised Landscape Plan regarding species selection and location. 10. The Applicant shall submit a revised Tree Inventory and Tree Mitigation Plan at the time of Final Planned Development providing fulfillment of the mitigation requirement, Advisory Planning Commission April 25, 2017 Page 12 of 14 for staff review and approval, either in the form of trees installed, cash, or a combination of each. 11. 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. 12. 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. 13. Fire hydrant spacing shall be provided at locations in accordance with City Fire Department and Public Works standards. 14. The Applicant shall provide private cross -easements for ingress/egress in a form acceptable to the City Attorney, at time of building permit. 15. The Applicant shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. 16. The Applicant 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 of the site's proposed impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 17. The Applicant shall include infiltration basin construction details and notes to clarify appropriate sub -soil over -excavation depth needed to reach infiltrating sub -soils, sub -soil ripping, bioretention soil media replacement, construction notes to prevent equipment within the basin during and after construction, live -planting of the basin bottom, effective erosion control at base and top of side -slopes, etc. in accordance with Public Works standards. 18. 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 (infiltration basin, 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 basin. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 19. There shall be no outside storage. Advisory Planning Commission April 25, 2017 Page 13 of 14 20. Park and Trail dedication for the development shall be satisfied through cash dedication at such time as a building is constructed on the lot. The amount due shall be calculated at the time of Building Permit at the rates then in effect. A vote was taken. Motion failed 3-4 (Vanderpoel, Piper, Sagstetter and Heckmann opposed). Member Sagstetter moved, Member Piper seconded, a motion to recommend denial of a Planned Development Amendment to allow the construction of a three-story self -storage facility located upon 2.8 acres of land east of Holiday Lane, north of TH 55 and south of Courthouse Lane legally described as Lot 3, Block 2, Oakview Center. A vote was taken. Motion carried 4-3 (Filipi, Dierkes and Weimert opposed). PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2017 APPLICANT: NorthPoint Development CASE: 12 -PA -06-03-17 HEARING DATE: April 25, 2017 PROPERTY OWNER: Holiday Stationstores Inc. APPLICATION DATE: March 16, 2017 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: Lot 3, Block 2 Oakview Center COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF RE()UEST NorthPoint Development is requesting approval of a Planned Development Amendment to allow the construction of a three-story self -storage facility upon 2.8 acres of land located east of Holiday Lane, north of TH 55 and south of Courthouse Lane on property legally described as Lot 3, Block 2, Oakview Center. AUTHORITY FOR REVIEW PD Amendment: 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 in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUNDIHISTORY The property received Preliminary Planned Development approval for an 8,580 sq. ft. office/clinic building in June of 1998 as part of the Oakview Center Planned Development (PD). The 2.8 acre parcel was platted in 1999. Planning Report — Beyond Self Storage April 25, 2017 Page 2 The original Oakview Center Preliminary Planned Development consisted of 8 lots over 19 acres. The two parcels that were designated for Class I restaurants in the approved Preliminary Planned Development received approval in April of 2006 for a PD amendment as well as a Final Plat to combine two lots to construct a hotel (reducing the 8 lots to 7 lots). Construction has not transpired. The entire site was graded and streets and utilities installed with the initial construction in 1999. Five of the seven lots have been developed — a convenience gas station, a fast food restaurant, a hotel, a retail strip center and an office building. The subject property and a three acre parcel at Lone Oak Road and Holiday Lane remain vacant. EXISTING CONDITIONS The subject site is presently a vacant, platted lot. The site is fronted by two public streets; Courthouse Lane to the north, and Highway 55 to the south. Site grading, utility stubs, and a two -cell storm water pond were constructed with the original approvals and adjacent development. The site is generally open with a few landscape trees and voluntary growth near the ponds. The site topography generally falls from west to east towards the ponds, with elevations ranging from 845 to 830. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The applicant proposes to develop a 91,800 sq. ft. self -storage facility, which includes an office and conference room. The net leasable area is 69,518 sq. ft. According to the applicant's narrative, "The facility will feature an internal loading/unloading area, and an extensive security system including over 20 cameras monitoring and recording activity on-site. Complete construction of this facility would likely take 8 -months." According to the applicant's narrative, "Our project is estimated to have very little impact on the surrounding uses or on the services of the City of Eagan. Self -storage is a very low traffic generating use that creates no air pollution, trash, noise, smell, or light pollution." Existing Use Zoning Land Use Designation North Single Family Residential A, Agricultural RC, Retail Commercial South Hwy 55 East Oakview Retail Center PD, Planned Development RC, Retail Commercial West Cerasis Office Building PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Description of Proposal — The applicant proposes to develop a 91,800 sq. ft. self -storage facility, which includes an office and conference room. The net leasable area is 69,518 sq. ft. According to the applicant's narrative, "The facility will feature an internal loading/unloading area, and an extensive security system including over 20 cameras monitoring and recording activity on-site. Complete construction of this facility would likely take 8 -months." According to the applicant's narrative, "Our project is estimated to have very little impact on the surrounding uses or on the services of the City of Eagan. Self -storage is a very low traffic generating use that creates no air pollution, trash, noise, smell, or light pollution." Planning Report — Beyond Self Storage April 25, 2017 Page 3 Compatibility with Surroundings Area — The surrounding area contains a mix of commercial, retail and office uses on the north side of TH 55. To the south are single family homes. Traditionally, self -storage facilities have been treated as "warehousing" and permitted in the I-1, Limited Industrial zoning district. However, City staff has received numerous inquiries over the last 12 months regarding a variation on the standard self -storage use which are designed to be more compatible with retail/commercial areas. The appropriateness of the use at this location is a policy matter to be determined by City officials. Airport Noise_ Standards — The site is located within Airport Noise Policy Zone 4. Sec. 11.64, Aircraft Noise Zone Overlay District, applies to new construction within this area. Within Zone 4 office, retail and industrial uses are all considered compatible uses. Site Plan — The Site Plan shows a 91,800 sq. ft., three-story self -storage facility on the 2.8 acre site, with the building and parking on the western half of the property. The building's main entrance faces west. Bulk Standards — As a Planned Development (PD), deviations from typical zoning bulk standards may be allowed. The Neighborhood Business (NB), bulk zoning standards have been utilized to review the proposed redevelopment. Within the NB district, a building or structure greater than 25,000 sq. ft. requires a Conditional Use Permit (CUP). Under the terms of the PD however, the proposed building square footage can be accommodated without a separate CUP process. Setbacks — All standard building and parking/drive aisle setbacks are proposed to be met. Building Coverage — The proposed building coverage is inconsistent with ordinance requirements at 25% or 30,600 sq. ft. NB district zoning standards allow 15% coverage or 18,425 sq. ft. for a building greater than 25,000 sq. ft. in size. The Preliminary PD approved building coverage of 7.13°/x. The proposal exceeds the City Code requirement by 10%. Building Height — The proposed three-story building measures 35 feet as shown on the Elevation Plan. The Preliminary PD showed a conceptual single story building for this property. NB district zoning standards allows up to 25 feet in total height for a building greater than 25,000 sq. ft. in size; however, the Preliminary PD did not preclude taller structures as was the case with the four story hotel constructed on Lot 3, Block 1, Oakview Center. The hotel was approved at 54'- 6" in height. Thus, the PD can accommodate the 35 foot structure. Green Space — The proposed green space is inconsistent with ordinance requirements. The green space calculation is 31%, which is less than the code minimum of 35%. Buildinu Elevations/Architecture — The proposed building is three stories with a flat roof. According to the applicant's narrative, the large windows will bring natural light deep into the southwest corner of the building. The exterior building finish materials consist primarily of tan Planning Report — Beyond Self Storage April 25, 2017 Page 4 and brown brick, glass and gray metal panels as well as some corrugated metal. All four sides of the building have mostly similar treatment. Visual relief is provided through the use of different textures and colors. The original Preliminary Planned Development included four packages of building materials and color combinations for use within the Oakview Center development. While the primary material proposed is brick, the use of metal panels is not consistent with the architectural materials specified in the Preliminary Planned Development, which call for brick and rock face block in an earth tone color. However, at the time the Preliminary Planned Development was approved, the City ordinance did not include architectural standards. The proposed materials, while deviating from the Preliminary Planned Development, would meet the current architectural standards of the ordinance save for the corrugated metal. The Zoning Ordinance requires newly constructed buildings in the NB zoning district to meet the following exterior finish materials standards. The building must utilize at least two different Class I materials (brick, glass, natural stone, architectural metal panels) comprising at least 65% of the building. Up to 35% of the building may be Class 11 or Class III (specialty concrete block, masonry stucco, manufactured stone — Class Il; EIFS, precast concrete, Class III) or Class IV materials (smooth concrete or scored concrete block, tip up panels). The maximum amount of Class IV material should not exceed 10 percent. Corrugated metal is considered a Class V material that is not typically allowed in the NB zoning district. The applicant proposes to utilize this material on approximately 10% of the building with ranges from 0% on the west elevation to 18% on the east elevation. The deviation in the type of building materials is a policy matter for City officials, and if acceptable, can be accommodated within PD zoning. Buildim, Address Numbers — In accordance with Section 2.78 of the City Code, building numbers should be conspicuously displayed on the building, in a suitable location in an upper corner or near the building entrance so it can be clearly seen from the street and read during all hours of the day. Commercial building numbers of three or more stories should be a minimum height of 24 inches and in a contrasting color to the color of the building. Trash Stora,-,e/Loadin, Doors/Mechanical Equipment — City Code requires that all ground and roof -mounted mechanical equipment be fully screened. Landscape screening may suffice for ground equipment. Where transformers, generators, or other ground equipment is located, a solid landscape or structural screen is required. Such equipment and screening should be identified on the plans for Building Permit. On new construction, a minimum 30" parapet or screen wall is required, and rooftop mechanical units must be placed at least 20' from the edge of the building. The Site Plan shows the overhead doors located at the west end of the building. This area also contains the trash enclosure which is attached to the west side of the principal building and is proposed to match the materials and color of the principal structure. Planning Report — Beyond Self Storage April 25, 2017 Page 5 The Site Plan also shows the mechanical equipment located on a concrete pad on the north side of the building. The landscape plan identifies this area, as well as the electric transformer, as screened by shrubs from the public right-of-way. The proposed Building Elevation Plans do not include rooftop equipment. Compliance with placement of equipment, and acceptable screening standards for both rooftop units and ground service and mechanical areas should be shown on the plans and demonstrated at the time of Final Planned Development. Parkin — Seven parking stalls (9' wide) and one accessible stall are provided near the entrance. The City Code does not identify a minimum amount of parking required for this type of land use, but requires one stall per 150 sq. ft. of office area (---950 sq. ft. = 6 stalls). For guidance on the adequacy of the parking, staff reviewed the Town Centre Self Storage facility which was approved on Denmark Avenue in 1998. While that facility is of the traditional self -storage design, it also included an office component and an on-site manager apartment. The approval required nine stalls to serve the five storage building plus the office and apartment. The storage buildings provide 67,625 net square feet of storage area whereas this facility will provide 69,518 net square feet of storage area. Staff is unaware of parking related issues on the Town Centre site. In conversation with the applicant, they anticipate fairly low traffic for the site and state the type of building does not lend itself toward reuse. Based on the comparison with the Town Centre Self Storage facility, the proposed eight stalls appear reasonable. The deviation in the width of the parking stall and the number of stalls is a policy matter for City officials, and if acceptable, can be accommodated within PD zoning. Landscaping — The Preliminary Landscape Plan is acceptable with some modifications. The applicant proposes both coniferous and deciduous overstory trees (mix of four varieties), planted adjacent to the building, as well as shrubs and perennials near the parking area. A total of 64 overstory trees are proposed to be spread along each elevation of the building, save for the west elevation. A variety of shrubs and perennials are proposed along the west elevation parking areas to provide screening of the ground mechanical equipment from both TH 55 and Courthouse Lane. There are no foundation plantings proposed adjacent to the building although a 3"- 6" rock mulch edge is proposed entirely around the perimeter of the building. Staff suggests utilization of a portion of the proposed landscape trees as mitigation trees as the site as proposed is heavily planted. Staff raises concerns regarding the growth and livability of the trees, especially the pine located along Courthouse Lane. Staff also questions whether the slopes along the east side of the building will allow for survival of the 14 Burr Oak. Staff is unfamiliar with the Rattlesnake Master perennial which appears to be a Missouri Native. Planning Report — Beyond Self Storage April 25, 2017 Page 6 The applicant should work with staff regarding species selection and location. Further, understory trees, flowering ornamentals and foundation plantings should be incorporated into the plan. Doing so would better fulfill the objectives of the landscape ordinance and provide a varied landscaped site not reliant solely on overstory trees. Tree Preservation — This entire site was previously cleared of trees with the original 1998 application, and resulting initial tree mitigation calculated and partially fulfilled. The total mitigation for this lot was 52 trees and in 2007 staff determined 14 trees had been planted, leaving an outstanding balance amount of 38 trees. Just recently, the owner provided an equivalent cash payment in lieu of on-site planting. Therefore, any future significant tree removal, such as for this current application, will be subject to an allowable tree removal set at 0.0%. A tree inventory has been submitted with this application and then field verified by City Forestry staff. The tree inventory indicates that there are fifty-four (54) significant trees currently existing on site. According to the plan, significant tree impacts will result in the removal of fifteen (15) significant trees (28.0% of the total). The City Forester indicated the tree inventory does not include all of the species and sizes and should be revised. Additionally, the field visit resulted in what appears to be more significant trees on site than what is indicated on the submitted plan. Therefore, the applicant should submit a revised tree inventory and a tree mitigation plan with the Final Planned Development. The City Code requires tree mitigation to be in addition to required landscaping. As an objective measure, landscaping alone should comprise 3% of the building value. The City may, however, approve a landscape plan that does not meet the 3% standard if it is determined that the intent of the landscape requirements have been fulfilled. Generally speaking, staff is more concerned that the objectives and intent of the landscape ordinance are fulfilled rather than the strict application of the 3% benchmark. To that end, there are some areas where proposed landscaping should instead be considered mitigation, such as along the east edge of the property, along the south side of Courthouse Lane, and north side of TH 55. Lighting — The City Code Sec. 11.70, Subd. 21.13.8 requires that site lighting be provided as is necessary for security, safety and traffic circulation. Such illumination should be indirect and diffused or shielded. Lighting should not be directed upon public rights-of-way or adjacent properties and the source of light should not be visible from off the property. While not specified in City Code, parking lot lighting should provide minimum light levels of 0.5 footcandles throughout and light levels should not exceed 1 footcandle at the property line. In addition, site lighting should comply with the Illuminating Engineering Society of North America (2003) manual which suggests an average -to -minimum uniformity ratio not greater than 4:1. Lighting fixtures should be consistent throughout the development. All fixtures should be downcast and shielded to prevent glare. The Photometric Plan indicates there are going to be six wallpacks mounted at 18 feet located on the west side of the building. No additional lighting is proposed. Staff suggests a wallpack be Planning Report — Beyond Self Storage April 25, 2017 Page 7 added on the east elevation above the exit door. Lighting specifications should be provided with the Final Planned Development. Signage — The Preliminary Planned Development included a master signage plan for the development pertaining to monument signs. All other signs are required to meet City Sign Code requirements. The applicant proposes building signage on the south and west elevations. There are no freestanding signs proposed on the property. If the applicant desires a freestanding sign in the future, a monument sign with a base constructed of materials to match the principal building with a landscaped bed would be allowed so long as it meets standard City Code requirements. Building Signage — A business name sign is proposed on the south and west elevations. The elevation plan identifies these signs as flat cut out aluminum placed on a metal screen backerboard. The signage as proposed meets City Code requirements. Grading/Topography — The site was previously graded and the proposed new building construction will require minor grading. The western half of the site will be disturbed in preparation for the proposed building and site improvements. The proposed grading plan is acceptable. Stormwater Mana6ement /Water Quality — The applicant proposes to add new impervious surfaces totaling approximately 0.91 acres to the 2.82 acre parcel. This development will need to comply with the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control. To meet the 1.1" Volume Control requirement for this development proposal, 5,115 cubic feet of retention will need to be provided, if an acceptable Soil Management Strategy is provided for the project's disturbed/ compacted areas that are to be revegetated (0.71 acres). The applicant proposes to meet City water quality/stormwater requirements through the use and repair of the existing regional ponding (GP -11 & GP -11.1) for rate control to maintain predevelopment peak runoff rates, through the on-site construction/expansion of one infiltration basin (GP -11.3), with a total retention volume of 13,085 cubic feet, to directly capture all rooftop runoff through reinforced stormwater conveyance swales, and with a Soil Management Strategy for all disturbed soils that are proposed to be revegetated. Eagan Water Resources has reviewed the applicant's plans, stormwater design summary and modeling provided for stormwater management and finds the proposed plans to meet City Code §4.34 Post -Construction Stormwater Management Requirements are acceptable with conditions to ensure proper repair of the regional pond separation berm, appropriate infiltration basin protections during construction, infiltration performance/retention volume capacity verification and basin revegetation/stabilization, and verification of proper implementation for the proposed Soil Management Strategy for the disturbed/compacted soil areas that are to be revegetated. Planning Report — Beyond Self Storage April 25, 2017 Page 8 Storm Water Drain 6,e — The entire site lies within Drainage District G (as designated in the City Storm Water Management Plan — 2007). Storm water discharge from the site enters the public storm sewer system and flows into the ponds on the east side of the site (City Ponds GP -11 and GP -11.1). These ponds were designed to accommodate the drainage of the overall development, including this parcel. The ponds will be slightly modified to re-establish the berm that used to separate them so they will function as a two cell system again. An infiltration basin is proposed to be constructed in the drainage and utility easement adjacent to the ponds. The basin will restore hydrology to the area, and be utilized to satisfy stormwater management standards requirements for this site. It will also serve as an overflow for the adjacent public ponds during large rain events. The city will own and maintain the infiltration basin upon acceptance of the improvements. Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Utilities — The preliminary Utility Plan is acceptable. Lateral sanitary sewer of sufficient size, depth, and capacity is available for connection along Courthouse Lane by development of this site. Sanitary sewer District N (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. Fire hydrant spacing should be provided at locations in accordance with Eagan Fire Department and Public Works standards. Streets/Access/Circulation — The proposed development would have access to Courthouse Lane to the north via the existing shared driveway. The applicant should provide private cross -easements for ingress/egress in a form acceptable to the City Attorney, at time of Building Permit. There is a public sidewalk along Courthouse Lane. No new pedestrian facilities are proposed with this development. Easements/Permits/Ri--,ht-of-Wa, — Adequate public drainage & utility easements and right-of- way currently exist on this site. A maintenance agreement will be required for the infiltration basin that is located in public drainage and utility easement. The applicant should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. Parks and Recreation — This development is responsible for park and trail dedications. The dedication is payable with the issuance of the building permit at the rates then in effect. The 2017 rates are $939 per 1,000 sq. ft. of building for parks and $1,289 per net acre for trails. Financial ObliLation — There are no pending assessments on the parcel at this time. Based upon a study by City staff, all trunk and lateral utility financial obligations for this property have been previously collected for this property. Planning Report — Beyond Self Storage April 25, 2017 Page 9 SUMMARY/CONCLUSION The applicant is proposing a Planned Development Amendment to change the approved use from an office/clinic to a self -storage facility. The use appears compatible with surrounding uses; however, the proposal includes some deviations from development standards in the Planned Development Agreement and from typical commercial zoning standards. It is a policy matter for City Officials to determine whether the proposed change in use is acceptable and whether to accept the proposed deviations as part of the Planned Development approval. The following deviations are proposed: • Building size • Building coverage • Green space • Building materials • Parking stall width ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow the construction of a three story self -storage facility located upon 2.8 acres of land east of Holiday Lane, north of TH 55 and south of Courthouse Lane legally described as Lot 3, Block 2, Oakview Center. If approved the following conditions shall apply: A written Planned Development Amendment Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the PD Amendment Agreement. • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan 2. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Tree Preservation Plan • Final Site Lighting Plan Planning Report — Beyond Self Storage April 25, 2017 Page 10 3. The trash enclosure shall be constructed consistent with requirements of the City Code and include a screening gage of 90% or greater opacity. 4. The Applicant shall revise the Photometric Plan to include a wallpack on the east elevation above the exit door. 5. The Applicant shall provide lighting specifications. 6. All signage shall comply with City Sign Code requirements. 7. Building identification numbers shall be installed consistent with City Code Section 2.78. 8. Compliance with placement of equipment and screening standards for both rooftop units and ground service and mechanical areas shall be shown on the plans and demonstrated at the time of Building Permit. 9. The Applicant shall work with staff on a revised Landscape Plan regarding species selection and location. 10. The Applicant shall submit a revised Tree Inventory and Tree Mitigation Plan at the time of Final Planned Development providing fulfillment of the mitigation requirement, for staff review and approval, either in the form of trees installed, cash, or a combination of each. 11. 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. 12. 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. 13. Fire hydrant spacing shall be provided at locations in accordance with City Fire Department and Public Works standards. 14. The Applicant shall provide private cross -easements for ingress/egress in a form acceptable to the City Attorney, at time of building permit. 15. The Applicant shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. Planning Report —Beyond Self Storage April 25, 2017 Page 11 16. The Applicant 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 of the site's proposed impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 17. The Applicant shall include infiltration basin construction details and notes to clarify appropriate sub -soil over -excavation depth needed to reach infiltrating sub -soils, sub -soil ripping, bioretention soil media replacement, construction notes to prevent equipment within the basin during and after construction, live -planting of the basin bottom, effective erosion control at base and top of side -slopes, etc. in accordance with Public Works standards. 18. 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 (infiltration basin, 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 basin. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 19. There shall be no outside storage. 20. Park and Trail dedication for the development shall be satisfied through cash dedication at such time as a building is constructed on the lot. 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The facility will feature an internal loading/unloading area, and an extensive security system including over 20 cameras monitoring and recording activity on-site. Complete construction of this facility would likely take 8 -months and would begin shortly after NorthPoint Development receives full governmental approvals from the City of Eagan. The property is currently vacant and has a Commercial Planned Development zoning that was approved nearly 20 years ago. NorthPoint Development is seeking a Planned Development Amendment for our proposed use. Uses within 660ft of our property include primarily commercial/retail, office, agricultural and residential. The immediately adjacent parcels have Planned Development zoning, whereas the other zoning designations within 660 feet (Limited Business, Agricultural, General Business and Residential Single Family) are separated from our property by either Courthouse Road or Highway 55. Our proposed development would fit in with and complement these nearby existing uses, with the look of the building focused on blending a retail and office design that will be consistent with the other buildings in the immediate area, and utilizing materials consistent with the original approval. Additionally our proposed use provides a needed and sought after service for these nearby users. Our project is estimated to have very little impact on the surrounding uses or on the services of the City of Eagan. Self -storage is a very low traffic generating use that creates no air pollution, trash, noise, smell, or light pollution. If this project were to move forward we would be improving the detention basin on this property, and as such, would limit the risk of localized flooding to our neighbors. In that way, our project would be adding value to the neighboring parcels. The planned development amendment will have a large impact on the subject property, given that the property is vacant and has seen limited development interest or activity since the current Planned Development was approved nearly 20 years ago. Therefore, the property will be upgraded from a vacant piece of land to a project that will begin producing taxes and providing services for the benefit of the community. As mentioned previously, the impact of our project on City services will be small. Self -storage facilities generate very low amount of traffic, therefore, the local roads are not expected to experience a noticeable degradation of quality or performance. These types of facilities typically require only 2 single fixture bathrooms with a mop sink and a small kitchen sink in the waiting area. As such, the impact/demand on water and sewer services will also be extremly limited. Finally, the existing stormwater detention basins have been reportedly failing. Therefore, our project would address these deficiencies and functionally improve the regions ability to treat and detain stormwater runoff. In summary, NorthPoint Development believes that transforming a vacant piece of land into an active business will offer a net positive for the community. Some of these advantages include: increasing the tax base for the City, limited impact on our neighbors and City services, improved stormwater detention capabilities, and providing a sought after service to meet the needs of local businesses and residents. NorthPoint Development — 4825 NW 411t Street, Suite 500 Riverside, MO 64150 — (816) 888-7380 This Beyond Self Storage facility will have an on-site manager available during normal business hours, which will be 7 days a week, to assist new customers with the renting of available storage units and all of the services described above. The facility will provide an interior drive through access such that all loading and unloading will be done within the building in a climate controlled environment. The entire facility will feature state-of-the-art security systems, with computerized access control (code required to enter building), surveillance cameras with DVR, and motion - detection lighting, in addition to being monitored by on-site management staff. Summary of Operational Descriptions • Office hours will be staffed by the manager and are as follows: o Monday through Friday: 9:00am and 6:00pm o Saturday: 9:00am and 5:00pm o Sunday: 11:00am and 4:00pm • Manager walks facility at the beginning and end of every day - with an eye for safety issues, security concerns, 'sEP;and any activity that does not conform to the lease agreement. ;SE' • Site cleaning is a daily activity and provides for a clean, safe environment for tenants and guests. 1sEPl Summary of Facility Security • 32 Cameras will be recording the activities and unit usage habits of tenants, allowing for on demand tracking of a specific unit or tenant. sEv" • As this is a storage facility, working in units is prohibited. As such, units will not have access to power outlets. sEP • Access to the facility is restricted through the use of keypads, to paid tenants between the hours of 6:00am through 10:00pm BSEP; • Site Manager will walk the facility 2 times every day, except for Holidays. Managers are trained to look for suspicious activity and/or storage not in keeping with the lease agreement. 'SEP; For any additional questions, please feel free to reach out to Benjamin Hagedorn, Director of Operations for Beyond Self Storage. Thank you for your time and consideration. Benjamin Hagedorn Director of Operations Beyond Self Storage 816-509-8996 bhagedom@northpointkc.com NortbPoint Development —4825 NW 415 Street, Suite 500 Riverside, MO 64150—(816) 888-7380 March 14, 2017 Re: Planned Development Amendment Public Benefit Narrative To Whom It May Concern: NorthPoint Development is interested in developing a roughly 91,800 square foot, 100% climate controlled, Class A, self -storage project on Courthouse Lane in Eagan, MN. Construction of this facility would likely take 8 -months and would begin shortly after NorthPoint Development receives full governmental approvals from the City of Eagan. The property is currently vacant and the detention ponds on the property have been reported to not be functioning properly. Therefore, the community would see benefits through the addition of a signficantly increased tax base and corrected detention basins that would reduce the risk of local flooding and stormwater issues. The community will also benefit from the basic services provided by our offering. The facility will be branded as a Beyond Self Storage and will function as a service establishment to meet the temporary and long-term storage needs of local individuals/households, businesses, government agencies, and other organizations. Typical uses for this type of facility are general storage services for local residents, including people who are in transition as well as households with limited storage space, business-related storage, including records storage services and product storage services for sales persons and businesses in the area, and any other temporary or month-to-month storage service needed within the local community (primary customer base draws approximately up to a 5 -mile radius). Furthermore, other typical services include the use of the facility's office and business center, providing amenities for tenant use such as: free WiFi, private use of conference room, TV with connection to computer, etc. Additionally, we offer a service to accept package deliveries on behalf of tenants, providing facilities/areas to manage paper files/records, and a complete line of moving and packing supplies. For any additional questions, please feel free to reach out to Benjamin Hagedorn, Director of Operations for Beyond Self Storage. Thank you for your time and consideration. Benjamin Hagedorn Director of Operations Beyond Self Storage 816-509-8996 bhagedom@northpointkc.com NorthPoint Development — 4825 NW 41s' Street, Suite 500 Riverside, MO 64150 — (816) 888-7380 April 26, 2017 Re: Planned Development Amendment, Updated Project Narrative Following up on the discussion at the Advisory Planning Commission meeting on April 25 for NorthPoint Development's proposed Beyond Self Storage development project, we would like to offer the following narrative additions as clarification of a few items. There was discussion about using corrugated metal as a building material. As we indicated at the meeting, we believe the corrugated metal panel adds a distinctive, attractive look to our building design, that is consistent with the other materials being utilized, and serves to provide an architectural break element to the design. As Commissioner Dierkes commented during the discussion, the material we are proposing is a higher end material than what we believe the originally proposed material was intended to prohibit (which was the historical corrugated material used primarily for pole barns). Commissioner Dierkes and Commissioner Weimert specifically indicated that they did not have an issue with the corrugated metal being used as we are proposing. Regardless, if the majority of the city council members prefer to specifically not have the corrugated panels utilized, we are certainly willing to switch that material to a flat metal panel that is an accepted material, keeping the color of the original proposed corrugated material in order to try to achieve the architectural break in those locations. The discussion after we proposed agreeing to this change seemed to indicate that Commissioner Heckman and Commissioner Piper would have considered voting in support of our proposal with this revision included. A second item of discussion at the meeting related to self storage use in a retail/commercial area, as opposed to the historical use in primarily industrial areas. As we discussed at the meeting, this new type of indoor, climate controlled facility is specifically targeted toward customers who are looking for this service near their homes and businesses, and not in out of the way, isolated areas of the municipality where distribution and manufacturing activities are typically located. A highly visible location is important. One of our closest competitors in Eagan is the Town Centre Self Storage located at 3495 Denmark Ave. Town Centre is located behind a destination Walmart, on a high traffic road, directly across the street from a multifamily development. We look to achieve the same type of site selection criteria. Our buildings are specifically designed to integrate traditional retail/commercial/office design features in order to fit in with these uses in the area. We are seeking to provide a Class A level facility, where our customers will feel secure with their choice to store their belongings. Additionally, one of the significant trends in the self storage industry is that females are the predominant renter/user when a storage unit is needed, and a significant factor in their decision when choosing a location/facility, is their feeling of security and ease of access within the facility. Remote locations within industrial areas do not meet this need. Given these considerations, this site lends itself to being a good fit for this type of use. Finally, one point of clarification we wanted to make relates to a discrepancy in the building square footage in the information presented. The gross footprint of the building as shown on the site plan is 32,300 sf, which varied slightly from a note in the data chart on that page. This corresponds to a total proposed building square footage of 96,900. We look forward to addressing these points in as much detail as the city council would like at next week's meeting. NorthPoint Development — 4825 NW 4151 Street, Suite 500 Riverside, MO 64150 — (816) 888-7380