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07/18/2017 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JULY 18, 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 accepting donations from the Eagan Kick Start Rotary Club, the Eagan Hockey Association, the Caponi Art Park, Keith Maiz, and an anonymous donor F. APPROVE Extended Working Hours — Northern Natural Gas Pipeline Expansion Project G. Item removed H. APPROVE Construction Services Contracting Agreement with BKJ Land Company I. Item removed J. APPROVE a Sound Amplification Permit and waiver of fee for Faithful Shepherd Catholic School Septemberfest event on September 16, 2017 at 3355 Columbia Drive K. APPROVE Final Planned Development — Applewood Point Senior Apartments L. APPROVE Final Planned Development — The Quarry at Central Park V. PUBLIC HEARINGS A. VACATE Public Drainage & Utility Easement, Dakota County Yankee Doodle Road (CSAH 28) Right -of -Way Map 272 B. VARIANCE - A Variance to increase the monument sign and face height, reduce setback from Diffley Road right-of-way, and add an illuminated stripe to the gas canopy located at 1815 Diffley Road C. VARIANCE - A Variance to the Installation of solar equipment in front yard area of a residential property located at 3340 Dodd Road VI. OLD BUSINESS A. APPROVE an addendum to the Final Planned Development for Viking Lakes Phase II, Lot 2, Block 1, Vikings Lakes - MN Development Company, LLC B. ORDINANCE AMENDMENT— An Ordinance Amendment to City Code Chapter 5 regarding the definition of a hotel for alcohol licensing purposes VII. NEW BUSINESS A. CONDITIONAL USE PERMIT—Art Works Eagan — A Conditional Use Permit to allow an art studio and art gallery at 3795 Pilot Knob Road B. PLANNED DEVELOPMENT AMENDMENT and PRELIMINARY SUBDIVISION — Quarry Road Second Addition- A Planned Development Amendment to allow a medical office building and A Preliminary Subdivision of approximately 4.2 acres to create 2 lots located at 1550 Quarry Road VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE minutes 2. APPROVE contract for public art installation at Twin Cities Outlet Mall parking structure D. PUBLIC HEARING 1. CONSIDER the sale of Lot 2, Block 1, Cedar Grove Parkway 4th Addition to Kanda City Lodging, LLC E. OLD BUSINESS F. NEW BUSINESS G. OTHER BUSINESS H. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 41,11 City of Eagan YeMo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: JULY 14, 2017 SUBJECT: AGENDA INFORMATION FOR JULY 18, 2017 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 18, 2017 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 18, 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 July 5, 2017 regular City Council meeting as presented or modified. Attachments: (1) CA -1 July 5, 2017 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 5, 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 closed session was held at 6:00 p.m., at which the Council received an update on City lawsuits and discussed labor negotiations. A regular meeting of the Eagan City Council was held on Wednesday, July 5, 2017 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Community Development Hutmacher, City Engineer Gorder, Director of Parks and Recreation Pimental, Director of Finance Pepper, City Attorney Dougherty, and Executive Assistant Stevenson. Mayor Maguire took a moment of silence to recognize the death of former City Councilmember Jim Smith. AGENDA City Administrator Osberg noted there will be no closed session as noted on Item XII - Closed Session. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the June 13, 2017 Special City Council meeting, and June 20, 2017 regular City Council meeting as presented or modified. B. Personnel Items: 1. It was recommended to accept the retirement of Rodney Johnson, Utility Maintenance Worker and authorize the recruitment and replacement of this position. 2. It was recommended to accept the retirement of William Weitzel, Streets Maintenance Work, and authorize the recruitment and replacement of this position. 3. It was recommended to approve the hiring of seasonal employees for Lifeguard, Tennis Instructor, Utilities Maintenance, Pool Attendant, Landscape Crew, Recreation Leader, Park Maintenance, Tennis Assistant, and Fitness Instructor. City Council Meeting Minutes July 5, 2017 2 page 4. It was recommended to approve the transfer of Eric Froehlich from Utility Intern to full time Utility Maintenance Worker effective June 26, 2017. C. It was recommended to ratify the check registers dated June 15 and 23, 2017. D. It was recommended to approve the ordinary and customary contracts with Creative Minnesota and ProDrivers. E. It was recommended to adopt a resolution approving a Premise Permit for the Eagan High School Football Booster Club to conduct lawful gambling at Wyatt's Twisted Americana, 1965 Cliff Lake Road. F. It was recommended to direct preparation of an ordinance amendment to City Code regarding the use of prescribed grazing for control of noxious, invasive and undesirable vegetation. G. It was recommended to receive the bids for Contract 17-09 (Vikings Parkway Streetscaping), and award a contract to Peterson Companies for the base bid in the amount of $949,879.60, and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve the plans and specifications for Contract 17-18 (Carlson Lake and Apollo Storm Lift Station Rehabilitations — Storm Sewer Improvements), and Authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, August 3, 2017 at the Utilities Administration building located at 3419 Coachman Point. I. It was recommended to acknowledge the completion of Project 15-C (Case Estates) and authorize perpetual City maintenance subject to warranty provisions. J. It was recommended to approve the plans and specifications for Lexington Diffley Skate Park redesign, and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Monday, August 7, 2017. K. It was recommended to approve the artists selected for the three public art projects: benches, doors and Twin Cities Premium Outlet Mall as well as the recommended location of each art piece. L. It was recommended to approve Consent to Assignment of Development Agreements and Estoppel for MV/TCO Ventures, LLC. M. It was recommended to approve a Conditional Use Permit to operate a health care facility upon property located at 930 Blue Gentian Road, legally described at Lot 3, Block 1, Grand Oak Four. PUBLIC HEARINGS Outlot A, Eagan Gateway Business Park Easement Vacation City Administrator Osberg introduced the item noting before the Council is the public hearing to give consideration of a vacation of existing drainage and utility easement on the property at 3450 Highway 55, north of Highway 55 at the Eagan and Inver Grove Heights border. Osberg noted Council action on the vacation should be continued to the Eagan Gateway Business Park Second Addition New Business item on tonight's agenda. City Engineer Gorder gave a staff report and provided a site map. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes July 5, 2017 3 page Councilmember Hansen moved, Councilmember Bakken seconded a motion to close the public hearing and continue consideration of the public drainage and utility easement vacation on Outlot A, Eagan Gateway Business Park. Aye: 5 Nay: 0 Project 1245, Quarry Road Street & Utility Improvements City Administrator Osberg introduced the item noting on June 6, 2017, the Council took action to receive the draft Feasibility Report for Project 1245, Quarry Road Street & Utility Improvements. A public hearing was scheduled for July 5, 2017. City Engineer Gorder gave a staff report and provided a site map. Mayor Maguire opened the public hearing. Several residents from Gramercy Senior Cooperative addressed the Council with questions regarding assessment costs, parking on Quarry Road, EMS -only access from Yankee Doodle Road, and existing berm. City Engineer Gorder responded to their questions. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve Project 1245 (Quarry Road — Street and Utility Improvements) as presented, and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS Interim Use Permit - Gertens City Administrator Osberg introduced the item noting this proposal was before the Council on May 2, 2017. The Council continued the item to the July 5, 2017 meeting to allow more time to address the stormwater and water quality issues on the property. Osberg noted over the last two months, the applicant and their consulting engineer have been working with City Engineering and Water Resources staff to address concerns about stormwater management. City Planner Ridley gave a staff report and provided a site map. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve 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 following conditions as amended: Aye: 5 Nay: 0 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. City Council Meeting Minutes July 5, 2017 4 page 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 Interim Use Permit shall be subject to the stipulations in the Pond Operations Plan for Outlot A, which document is adopted by reference and included as an exhibit to the Interim Use Permit. 5. All parking, driveways, and outdoor storage areas shall be allowed to remain as a gravel surface. 6. 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. 7. 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. 8. 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. 9. All storage areas shall be properly maintained to prevent deterioration. 10. 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. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve 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 following conditions as amended: Aye: 5 Nay: 0 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, 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. City Council Meeting Minutes July 5, 2017 5 page 4. The Interim Use Permit shall be subject to the stipulations in the Pond Operations Plan for Outlot A, which document is adopted by reference and included as an exhibit to the Interim Use Permit. 5. All parking, driveways, and outdoor storage areas shall be allowed to remain as a gravel surface. 6. 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. 7. 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. 8. 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. 9. All storage areas shall be properly maintained to prevent deterioration. 10. 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. NEW BUSINESS Conditional Use Permit — Merkan Corp Property City Administrator Osberg introduced the item noting the 1.8 acre parcel has two buildings, and 8,300 SF warehouse built in 1962 and a 9,200 SF service garage built in 1964. The property is zoned 1-1, Limited Industrial, in which outdoor storage is a conditional use. City Planner Ridley gave a staff report and provided a site map. Ryan Grimwood, Merkan Corp Property Holdings., was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded the motion to approve a Conditional Use Permit for outdoor storage of pickup trucks, trailers and landscape material bins at 1771 Yankee Doodle Road, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. Outdoor storage of pickup trucks and trailers, and landscape material bins shall be permitted in the numbers and locations as delineated on the Site Plan dated May 11, 2017. City Council Meeting Minutes July 5, 2017 6 page 3. The owner shall maintain all paved surfaces in good condition. 4. The applicant shall re -grade the area around the storm sewer catch basin at the northwest corner of the site, and add a berm to direct runoff into the catch basin, in a manner acceptable to the City Engineer no later than January 1, 2018. 5. The applicant shall obtain a grading permit from the City prior to commencing any grading and parking lot paving activities. 6. The applicant shall remove the fleet vehicles from the front parking lot no later than January 1, 2018. 7. The applicant shall remove the landscape material bins from the adjacent property by September 1, 2018 and meet the 5 foot rear yard setback from the rear property line. Conditional Use Permit — Gerten's / GLG Properties City Administrator Osberg introduced the item noting the Council is being asked to consider approval of a Conditional Use Permit to modify the Site Plan for the operation of a yard waste recycling and composting facility upon property located at 805 Yankee Doodle Road. City Planner Ridley gave a staff report and provided a site map. Gino Pitera, GLG Properties, was available for questions. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to modify the Site Plan for the operation of a yard waste recycling and composting facility upon property located at 805 Yankee Doodle Road, subject to the following amended conditions: Aye 5 Nay: 0 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan • Landscape Plan • City Code Section 11.60, Subd. 14-C-20 2. Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 3. The commercial yard waste and composting facility shall be subject to continual compliance with City Code standards for such operations contained in the City Code (Section 11.60, Subd. 14.C.20). 4. The applicant shall obtain a Grading Permit from the City prior to the construction of the proposed outdoor storage, parking areas, private driveway, and storm water management facility. Detailed plans for this grading work must be prepared and signed by a licensed professional engineer. 5. If recycled asphalt aggregate is used for the parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 6. If bituminous 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 City Council Meeting Minutes July 5, 2017 7 page this permit. If the material is determined to be inadequate, the City will require that it be replaced with concrete curb and gutter. 7. All storage areas shall be properly maintained to prevent deterioration. 8. The applicant shall acquire a private drainage easement from the neighboring property at 3388 Mike Collins Drive; legal address: Lots 21-24, Block 2, Eagandale Center Industrial Park No. 4 for ponding in a form acceptable to the City Attorney, or redesign the stormwater basin to keep all drainage on this parcel in a design acceptable to the City Engineer. This item shall be provided prior to issuance of a Grading Permit. 9. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully -reconstructed impervious surface area (which includes areas likely to become compacted from expected use, such as all heavy equipment movement areas/lanes). 10. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide a Post -Construction Stormwater Operation and Maintenance Plan to the City, detailing expected maintenance and draw -down activities to ensure that no surface discharge of stormwater will leave the site. Adequately sized pre-treatment (4' minimum depth sumps with scour protection and adequately -sized floatables skimmer, etc.) shall be provided immediately upstream of stormwater management basin inlets to provide for effective capture and easily -accessible cleanout of coarse particles, fine -sand sized particles, organic material and floatable pollutants. Grading and permanent stabilization around catch -basin inlets (with sumps) shall be provided that ensures capture/conveyance of majority of impervious area stormwater runoff to basin by pipe and not overland across basin side -slope. All graded side -slopes shall be stabilized with appropriate permanent slope -stabilization measures to prevent any erosion. 11. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with no less than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 12. Prior to proceeding with land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance, including perpetual retention capacity and capability so that no surface discharge leaves the site/stormwater basin, of the permanent stormwater management system, in a form acceptable to the City Attorney. The applicant shall provide a Post -Construction Stormwater Operation and Maintenance Plan detailing expected maintenance and draw -down activities to ensure that no surface discharge of stormwater will leave the site. 13. Before the City returns any Stormwater-related Performance Guarantee Fees for the project, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures and stormwater management facilities (sump depths/details, basin volume, pipe inverts/outfalls, etc.) conform to design and/or construction plans, as approved by the City. The applicant shall submit to the City Engineer certification that the City Council Meeting Minutes July 5, 2017 8 page 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. 14. 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. 15. 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. 16. A revised Tree Mitigation & Landscape Plan shall be provided prior to the earlier of issuance of a Grading Permit or release of the Conditional Use Permit for recording, subject to approval by City Staff, that 1) provides for required landscaping, 2) reduces the number of mitigation trees to be planted by upsizing some or all of the trees to Cat. A size, and/or 3) cash payment in partial fulfillment of mitigation that cannot otherwise be accommodated through on-site planting. The 2017 cash mitigation rate is $300 per each Cat. B tree. 17. The applicant shall provide a required Performance Guarantee in the amount of 100% of the cost of completion for all tree replacement mitigation. In addition, the applicant shall provide a Performance Guarantee per City Code in the amount of $9,425 to ensure survival of preserved trees within fifteen feet (15') of construction zones. 18. This Conditional Use Permit terminates and replaces the prior Conditional Use Permit on the property dated September 6, 2016. 19. Gravel shall not be used as a surface material for parking, driveways, and outdoor storage areas. Conditional Use Permit & Final Plat Eagan Gateway Business Park City Administrator Osberg introduced the item noting the Council is being asked to approve a Conditional Use Permit for outdoor storage of vehicles and equipment at 510 Lone Oak Road, to vacate public drainage and utility easement on Outlot A, Eagan Gateway Business Park Addition, and a Final Plat for Eagan Gateway Business Park 2nd Addition. City Planner Ridley gave a staff report and provided a site map. The applicant was available for questions. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for outdoor storage of vehicles and equipment at 510 Lone Oak Road, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded against the property at Dakota County within 60 days of the City Council's approval. 2. The property shall be re -platted from an Outlot to a Lot and Block legal description. 3. Outdoor storage shall be limited to 26 semi-trucks/trailers and the location shown on the Final Site Plan with the latest revision date of June 6, 2017. City Council Meeting Minutes July 5, 2017 9 page Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve vacate public drainage and utility easement on Outlot A, Eagan Gateway Business Park Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Final Plat for Eagan Gateway Business Park 2nd Addition. Aye: 5 Nay: 0 Receive Concept Plan for Lot 2, Block 1, Cedar Grove Parkway 4th Addition Community Development Director Hutmacher introduced the item noting on August 16, 2016, the EDA approved a sale and purchase agreement with JR Hospitality for the development of a Hilton Home 2 Suites Hotel on Lot 1, Block 1, Cedar Grove Parkway 4th Addition. The sale and purchase agreement for Lot 1, Block 1 included a provision for Right of First Refusal to purchase the adjacent Lot 2, Block 1, Cedar Grove Parkway 4th Addition for the development of a second hotel. Hutmacher noted although Kanda City Lodging, LLC is a new legal entity created for the development of Lot 2, the owners and developers are the same as for the Hilton Home 2 Suites and have expressed interest in purchasing the adjacent lot with similar terms of purchase as Lot 1. Because the legal ownership entity for Lot 2 will be different than Lot 1, a waiver of the First Right of Refusal has been received. Jay Bhakta, Representative for JR Hospitality, presented the concept plan. The Council received the concept plan for development of a hotel on Lot 2, Block 1, Cedar Grove Parkway 4th Addition and directed staff to negotiate a sale and purchase agreement with Kanda City Lodging, LLC. NEW BUSINESS There was no new business to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire thanked the Funfest Committee, staff and volunteers for their role in making the Fourth of July Funfest a successful event. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes July 5, 2017 10 page ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:33 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo July 18, 2017 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Authorization to ratify the collective bargaining agreement between the City of Eagan and the Teamsters Public and Law Enforcement Employees' Union, Local #320. Facts: ➢ The City and the Teamsters Clerical Unit reached a Tentative Agreement with the City of Eagan effective January 2017 — December 2019. ➢ Wages: o January 1, 2017 — December 31, 2017: an additional 2.25% increase above the 2016 wages. o January 1, 2018 — December 31, 2018: an additional 3.0% increase above the 2017 wages. ➢ All other items were language revisions that were updated to reflect current MN Statutes and City policies. Attachment: (0) The agreement is available in the City Administrator's office. ITEM 2. Action To Be Considered: Authorization to ratify the Memorandum of Agreement between the City of Eagan and the Law Enforcement Labor Services, Police Officers Unit and Sergeants Unit. Facts: ➢ Memorandum of agreement is to establish the agreement of the parties concerning a revision to the implementation and participation of employees in the City -Sponsored Retirement Health Insurance as described in Article 19.10 of the 2016-2018 collective bargaining agreement along with their participation in a Post -Employment Health Care Savings Plan, administered by the Minnesota State RetirementSystem. ➢ Whereby, active Police Officers may make a one-time election to enroll in the City - Sponsored Retirement Health Insurance or to opt out and receive astipend. ➢ The City -Sponsored Retirement Health Insurance benefit will not be available to those hired on or after January 1, 2018. Therefore, any Police Officer hired on or after January 1, 2018 will not be eligible for City -Sponsored Retirement Health Insurance. However, the City shall contribute a stipend to the Active Police Officer's Health Care Savings Plan. Attachments: (2) CB -1 Memo of Agreements ITEM 3. Action To Be Considered: Accept the compensation study recommendations of Springsted, Inc. and approve the new 2017 compensation plan for the City of Eagan Facts: ➢ In September 2016, the City Council entered into a contract with Springsted, Inc. to conduct a compensation study for the City of Eagan. ➢ Springsted has completed their evaluation of approximately 198 employee job descriptions. ➢ As part of the comprehensive evaluation, they conducted a survey of comparable cities in the Minneapolis/St. Paul metro area, and in some cases surrounding region, to determine how Eagan's compensation compares to the local and regional labor market. ➢ The study also included the evaluation and assignment of points to each job description in the City. The result is a two-pronged approach that gives the City a consistent and equitable way to evaluate all positions while assuring compliance with the Minnesota Pay Equity Law. ➢ Springsted has recommended and prepared a new classification system for the Cityof Eagan, which places positions onto a compensation plan containing 25 levels/classifications and nine (9) steps on the pay scale. ➢ Employees represented by a bargaining unit will continue to be compensated in accordance with their settled contracts. Therefore, only non-union compensation will be adjusted at this time. ➢ The cost to implement all of the recommendations of the study is within the amountthe City budgeted in the 2017 Budget. Given the costs were lower than anticipated, it is proposed that the recommended pay adjustments all be made in 2017. ➢ Pay adjustments are proposed to go into effect with the pay period starting July23, pending Council approval. Attachments: (1) CB -2 Proposed 2017 Compensation Plan ITEM 4. Action To Be Considered: Approve the hiring of the following seasonal employees: Brandy Boyer Building Attendant Abigail Ditolla Building Attendant Samwel Ombuki ECC Custodian Ryan Steger Lifeguard Grant Toenges Lifeguard ITEM 5. Action To Be Considered: Accept the resignation of Wayne St. Martin, Park Laborer seasonal employee. ITEM 6. Action To Be Considered: Authorize the hiring of Jason Zumwalt, Full Time Utilities Maintenance Worker. Facts: This position was authorized for recruitment at the July 5, 2017 meeting. MEMORANDUM OF AGREEMENT WHEREAS, this memorandum of agreement is between the City of Eagan, Minnesota, and Law Enforcement Labor Services, Inc. (LELS), representing Police Officers; and WHEREAS, the City of Eagan shall be referred to as "the City" and Law Enforcement Labor Services, Inc. (LELS), representing Police Officers will be referred to as "the Union"; and WHEREAS, this memorandum of agreement is to establish the agreement of the parties concerning a revision to the implementation and participation of employees in the City -Sponsored Retirement Health Insurance as described in Article 19.10 of the 2016- 2018 collective bargaining agreement (hereinafter "CSRHI") along with their participation in a Post -Employment Health Care Savings Plan, administered by the Minnesota State Retirement System (hereinafter "HCSP") . WHEREAS, the parties agree to add this language into the collective bargaining agreement, which will revise Article 19.10, Appendix 1, Appendix 2, and Appendix 4 - Schedule B (and any other related contract language) and be replaced by the following language for the length of the contract and continue in effect thereafter in force until modified by both parties. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Group Al — Active Police Officers eligible for CSRHI who remain status quo: Under this agreement, active Police Officers who are eligible under the 2016-2018 provisions of Article 19.10 may elect to continue with the election of receiving City - Sponsored Retirement Health Insurance. The provisions of Article 19.10 state that The City will contribute to bargaining unit employees who retire from the Eagan Police Department at the age of 55 years or older, who are eligible to receive PERA pension benefits, with 15 years of service and who collect said pension benefits, the same contribution amount towards health insurance premiums as that contributed to active bargaining unit employees. This contribution would continue until the earlier of: (1) the ex -bargaining unit member reaches the age of 65; (2) the ex -bargaining unit member becomes eligible for Medicare; or (3) the ex -bargaining unit member is employed and becomes eligible to be covered under the new employer's group health plan (unless that plan contains any exclusions or limitations with respect to any pre-existing conditions). The City of Eagan will continue the employer contribution to active bargaining unit employees and those eligible for Retirement Health Insurance unless it no longer provides an employer contribution for group health coverage to any of its employees (active or retired) due to the following: • There is an "inability to pay", as determined by the MN State Auditor. • There is an inability to pay as determined through arbitration by the Minnesota Bureau of Mediation Services. • The act of providing an Employer sponsored group health plan is unlawful. • The act of providing an employer financial contribution to health care costs for an employee is unlawful. • A single payer system or socialized medicine is enacted by Federal Government legislation or Minnesota State Statute; and group health insurance is no longer available for purchase by the City. An employee who retires and is at least 50 but less than 55 with at least 15 years of service at the City may remain under the City's group health insurance policy. Payment of premiums for such policy between the ages of 50 and 55 will be the responsibility of the former employee until they become age 55 at which time the employee shall be eligible to receive the same insurance benefit (insurance premium contribution) as active bargain unit members as described in this memorandum of agreement. 2. Group A2 - Active Police Officers eligible for CSRHI who elect to opt out Any active bargaining unit member eligible under the provisions of Article 19.10 of the collective bargaining agreement for City -Sponsored Retirement Health Insurance who chooses to opt out would instead receive a stipend of $72.00 per pay period from on or about January 1, 2017 date until the Police Officer terminates employment. This stipend shall be deposited into the Police Officers' HCSP. The amount of the stipend has no nexus to the value of the CSRHI. 2 3. Group B1 — Active Police Officers who previously opted out of the CSRHI or were hired after January 1, 2005 and before January 1, 2018, who elect to return to or enroll in CSRHI: a. At the time of reenrollment/enrollment into the CSRHI, the Active Police Officer's hourly rate of pay shall be reduced by .88 cents per hour and the Active Duty Officer shall be placed on Schedule A of the Collective Bargaining Agreement. The revised hourly pay rate shall be reflected in Schedule A of the collective bargaining agreement. b. Those who previously opted out and now elect to return to the CSRHI shall pay back the Employer opt out contributions to the Police Officer's HCSP ("Identified Principal Contribution") plus 4% interest compounded annually from the date the contributions were initially made. Repayment shall commence the first day of the month following the Police Officer's retirement date. This shall be accomplished by the Police Officer paying the Employer Contribution of CSRHI premium until the Identified Principal Contribution and 4% compound interest has been repaid. (A schedule referencing each Officer's obligation to pay back the "Identified Principal Contribution "plus 4% interest compounded can be found in the attachment entitled ). The Police Officer will also be required to pay the employee contribution to the premium, which is the same contribution of that of an active employee. 4. Group B2 — Active Police Officers who previously opted out of the CSRHI or r were hired after January 1, 2005 who elect to remain opted out: Police Officers who previously opted out and were hired prior to January 1, 2018 may continue to opt out of the CSRHI. They will receive a $72.00 dollar stipend each pay period until the Police Officer terminates employment. This amount will be deposited into the Police Officer's Post Employment HCSP. Police Officers shall then be placed on Schedule A of the Collective Bargaining Agreement. 3 5. Group C — Active Police Officers hired on or after January 1, 2018: The City -Sponsored Retirement Health Insurance benefit will not be available to those hired on or after January 1, 2018. Therefore, any Police Officer hired on or after January 1, 2018 will not be eligible for CSRHI. For Police Officers hired on or after January 1, 2018, the City shall contribute a stipend equivalent to $72 dollars per pay period to the Active Police Officer's HCSP. The amount of this stipend will continue until the Police Officer terminates employment with the City of Eagan or they reach age 65 as an active employee, or becomes eligible for Medicare, whichever comes sooner. This stipend has no nexus to the value of the City -Sponsored Retirement Health Insurance Plan. There will be no additional compensation to the hourly rates for Group C. This memorandum of understanding will remain in effect unless changes are mutually agreed upon by the Union and the City of Eagan. The Health Care Savings Plan shall be reviewed by the group upon the expiration of the current collective bargaining agreement. -22-r.7_ City of Eagan - Date Law Enforcement Labor Services, Inc. - Date City of Eagan - Date Law Enforcement Labor Services, Inc. - Date Pee- ^ 3D2 V1'1o5 en F 1% . -- */07 4 MEMORANDUM OF AGREEMENT WHEREAS, this memorandum of agreement is between the City of Eagan, Minnesota, and Law Enforcement Labor Services, Inc. (LELS), representing Police Sergeants; and WHEREAS, the City of Eagan shall be referred to as "the City" and Law Enforcement Labor Services, Inc. (LELS), representing Police Sergeants will be referred to as "the Union"; and WHEREAS, this memorandum of agreement is to establish the agreement of the parties concerning a revision to the implementation and participation of employees in the City -Sponsored Retirement Health Insurance as described in Article 19.2. of the 2015- 2017 collective bargaining agreement (hereinafter "CSRHI") along with their participation in a Post -Employment Health Care Savings Plan, administered by the Minnesota State Retirement System (hereinafter "HCSP"). WHEREAS, the parties agree to add this language into the collective bargaining agreement, which will revise Article 19.2 and Appendix A (and any other related contract language) and be replaced by the following language for the length of the contract and continue in effect thereafter in force until modified by both parties. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Group Al — Active Police Sergeants eligible for CSRHI who remain status Quo: Under this agreement, active Police Sergeants who are eligible under the 2016-2018 provisions of Article 19.2.1 may elect to continue with the election of receiving City - Sponsored Retirement Health Insurance. The provisions of Article 19.2 state that The City will contribute to bargaining unit employees who retire from the Eagan Police Department at the age of 55 years or older, who are eligible to receive PERA pension benefits, with 15 years of service and who collect said pension benefits, the same contribution amount towards health insurance premiums as that contributed to active bargaining unit employees. This contribution would continue until the earlier of: (1) the ex -bargaining unit member reaches the age of 65; (2) the ex -bargaining unit member becomes eligible for Medicare; or (3) the ex -bargaining unit member is employed and becomes eligible to be covered under the new employer's group health plan (unless that plan contains any exclusions or limitations with respect to any pre-existing conditions). The City of Eagan will continue the employer contribution to active bargaining unit employees and those eligible for Retirement Health Insurance unless it no longer provides an employer contribution for group health coverage to any of its employees (active or retired) due to the following: • There is an "inability to pay", as determined by the MN State Auditor. • There is an inability to pay as determined through arbitration by the Minnesota Bureau of Mediation Services. • The act of providing an Employer sponsored group health plan is unlawful. • The act of providing an employer financial contribution to health care costs for an employee is unlawful. • A single payer system or socialized medicine is enacted by Federal Government legislation or Minnesota State Statute; and group health insurance is no longer available for purchase by the City. An employee who retires and is at least 50 but less than 55 with at least 15 years of service at the City may remain under the City's group health insurance policy. Payment of premiums for such policy between the ages of 50 and 55 will be the responsibility of the former employee until they become age 55 at which time the employee shall be eligible to receive the same insurance benefit (insurance premium contribution) as active bargain unit members as described in this memorandum of agreement. 2. Group A2 - Active Police Sergeants eligible for CSRHI who elect to opt out: Any active bargaining unit member eligible under the provisions of Article 19.2 of the collective bargaining agreement for City -Sponsored Retirement Health Insurance who chooses to opt out would instead receive a stipend of $72.00 per pay period from on or about January 1, 2017 until the Police Sergeant terminates employment. This stipend shall be deposited into the Police Sergeants' HCSP. The amount of the stipend has no nexus to the value of the CSRHI. 2 3. Group B1 — Active Police Sergeants who previously opted out of the CSRHI or were hired after January 1. 2005 and before January 1, 2018, who elect to return to or enroll in CSRHI: a. At the time of reenrollmentlenrollment into the CSRHI, the Active Police Sergeant's hourly rate of pay shall be reduced by .90 cents per hour and the Active Duty Sergeant's wages will follow Article 19 — Wage and Benefit Rates. b. Those who previously opted out and now elect to return to the CSRHI shall pay back the Employer opt out contributions to the Police Sergeant's HCSP ("Identified Principal Contribution") plus 4% interest compounded annually from the date the contributions were initially made. Repayment shall commence the first day of the month following the Police Sergeant's retirement date. This shall be accomplished by the Police Sergeant paying the Employer Contribution of CSRHI premium until the Identified Principal Contribution and 4% compound interest has been repaid. (A schedule referencing each Sergeant's obligation to pay back the "Identified Principal Contribution " plus 4% interest compounded can be found in the attachment entitled ). The Police Sergeant will also be required to pay the employee contribution to the premium, which is the same contribution of that of an active employee. 4. Group B2 — Active Police Sergeants who previously opted out of the CSRHI or were hired after January 1. 2005 who elect to remain opted out: Police Sergeants who previously opted out and were hired prior to January 1, 2018 may continue to opt out of the CSRHI. They will receive a $72.00 dollar stipend each pay period until the Police Sergeant terminates employment. This amount will be deposited into the Police Sergeant's Post Employment HCSP. Group B2 Police Sergeants shall then follow Article 19 — Wage and Benefit Rates and their hourly rate of pay will be reduced by .90 cents per hour. 3 5. Group C — ActivePolice Ser - eants hired on or after Januar. 1, 2018: The City -Sponsored Retirement Health Insurance benefit will not be available to those hired on or after January 1, 2018. Therefore, any Police Sergeant hired on or after January 1, 2018 will not be eligible for CSRHI. For Police Sergeants hired on or after January 1, 2018, the City shall contribute a stipend equivalent to $72 dollars per pay period to the Active Police Sergeant's HCSP. The amount of this stipend will continue until the Police Sergeant terminates employment with the City of Eagan or they reach age 65 as an active employee, or becomes eligible for Medicare, whichever comes sooner. This stipend has no nexus to the value of the City -Sponsored Retirement Health Insurance Plan. There will be no additional compensation to the hourly rates for Group C. This memorandum of understanding will remain in effect unless changes are mutually agreed upon by the Union and the City of Eagan. The Health Care Savings Plan shall be reviewed by the group upon the expiration of the current collective bargaining agreement. City of Eagan - Date L by Enforcement Labor Services, Inc. - Date City of Eagan - Date Law Enforcement Labor Services, Inc. — Date 4 7//g/6 aw Enforcement r Services, Inc. — Date =gm yv , gi)5135 li t - City of Eagan Revised Compensation Plan effective July 23, 2017 % Between Grades: % Between Steps: Starting midpoint: 6% 3.0% 42,500 Range: 26.68% Step Pts Grade 1 2 3 4 5 6 7 8 9 0 - 139 1 37,760.70 38,893.52 40,060.33 41,262.14 42,500.00 43,775.00 45,088.25 46,440.90 47,834.12 140 - 153 2 40,026.34 41,227.13 42,463.95 43,737.86 45,050.00 46,401.50 47,793.55 49,227.35 50,704.17 154 - 167 3 42,427.92 43,700.76 45,011.78 46,362.14 47,753.00 49,185.59 50,661.16 52,180.99 53,746.42 168 - 183 4 44,973.60 46,322.81 47,712.49 49,143.86 50,618.18 52,136.73 53,700.83 55,311.85 56,971.21 184 - 199 5 47,672.01 49,102.17 50,575.24 52,092.50 53,655.27 55,264.93 56,922.88 58,630.56 60,389.48 200 - 216 6 50,532.33 52,048.30 53,609.75 55,218.05 56,874.59 58,580.82 60,338.25 62,148.40 64,012.85 217 - 234 7 53,564.27 55,171.20 56,826.34 58,531.13 60,287.06 62,095.67 63,958.54 65,877.30 67,853.62 235 - 254 8 56,778.13 58,481.47 60,235.92 62,043.00 63,904.29 65,821.41 67,796.06 69,829.94 71,924.84 255 - 274 9 60,184.82 61,990.36 63,850.07 65,765.58 67,738.54 69,770.70 71,863.82 74,019.74 76,240.33 275 - 296 10 63,795.91 65,709.78 67,681.08 69,711.51 71,802.86 73,956.94 76,175.65 78,460.92 80,814.75 297 - 320 11 67,623.66 69,652.37 71,741.94 73,894.20 76,111.03 78,394.36 80,746.19 83,168.57 85,663.63 321 - 344 12 71,681.08 73,831.51 76,046.46 78,327.85 80,677.69 83,098.02 85,590.96 88,158.69 90,803.45 345 - 370 13 75,981.95 78,261.40 80,609.25 83,027.52 85,518.35 88,083.90 90,726.42 93,448.21 96,251.66 371 - 397 14 80,540.86 82,957.09 85,445.80 88,009.18 90,649.45 93,368.93 96,170.00 99,055.10 102,026.76 398 - 427 15 85,373.31 87,934.51 90,572.55 93,289.73 96,088.42 98,971.07 101,940.20 104,998.41 108,148.36 428 - 458 16 90,495.71 93,210.59 96,006.90 98,887.11 101,853.72 104,909.33 108,056.61 111,298.31 114,637.26 459 - 490 17 95,925.46 98,803.22 101,767.32 104,820.34 107,964.95 111,203.89 114,540.01 117,976.21 121,515.50 491 - 525 18 101,680.98 104,731.41 107,873.36 111,109.56 114,442.84 117,876.13 121,412.41 125,054.78 128,806.43 526 - 562 19 107,781.84 111,015.30 114,345.76 117,776.13 121,309.41 124,948.70 128,697.16 132,558.07 136,534.81 563 - 601 20 114,248.75 117,676.22 121,206.50 124,842.70 128,587.98 132,445.62 136,418.99 140,511.56 144,726.90 602 - 642 21 121,103.68 124,736.79 128,478.89 132,333.26 136,303.26 140,392.36 144,604.13 148,942.25 153,410.52 643 - 686 22 128,369.90 132,221.00 136,187.63 140,273.26 144,481.45 148,815.90 153,280.37 157,878.78 162,615.15 687 - 733 23 136,072.09 140,154.26 144,358.88 148,689.65 153,150.34 157,744.85 162,477.20 167,351.51 172,372.06 734 - 782 24 144,236.42 148,563.51 153,020.42 157,611.03 162,339.36 167,209.54 172,225.83 177,392.60 182,714.38 783 - 834 25 152,890.60 157,477.32 162,201.64 167,067.69 172,079.72 177,242.11 182,559.38 188,036.16 193,677.24 Agenda Information Memo July 18, 2017 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated June 30 and July 7, 2017 as presented. Attachments: (2) CC -1 Check register dated June 30, 2017 CC -2 Check register dated July 7, 2017 R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation 191994 6/27/2017 150437 PERFORMANCE KENNELS 75.00 WEGNER K9 SUPERVISION 75.00 City of Eagan Council Check Register by GL Council Check Register by Invoice & Summary 6/26/2017 - 6/30/2017 PO # Doc No Inv No 191995 6/30/2017 191996 6/30/2017 191997 6/30/2017 191998 6130/2017 158.61 186.42 129.20 474.23 53.98 13.84- 30.14 181.40 57.67 58.57 85.59- 117.29 75.99 248.99 124.55 369.03 90.58 35.48 50.48 67.98 28.19 1,490.89 235.21 683.00 11.26 108.00 1,037.47 118131 ALLIED ELECTRONICS INC. STP POLY SYSTEM STP POLY SYSTEM STP POLY SYSTEM 148129 AMAZON KEYBOARD CASE PHONE CASE SUPPLIES BATTERIES GARY HANSEN ZAGG FOLIO CASE FIRE 1 FIRE 1 TOOLS FIRE 2 BULB SUPPLIES SUPPLIES SUPPLIES SUPPLIES FIRE 1 FIRE 1 144673 ARCADE ELECTRIC PARTS TO FIX LIGHT LABOR TO FIX LIGHTS PARTS TO FIX LIGHT LABOR TO FIX LIGHT 146829 AT&T MOBILITY 41.24 5/18/17-6/17/17 41.24 5/18/17-6/17/17 Account No 261749 062817-WEGNER 1104.6476 261873 9007874509 261874 9007877246 261875 9007879173 6155.6260 6155.6260 6155.6260 261984 007147032672 3057.6227 261997 034643249661 3201.6210 261989 034648340808 3201.6210 261983 035088595271 1105.6220 261991 062547032393 0720.6221 261990 065565706800 0101.6660 261996 096870332632 9354.6670 261985 096870795509 9354.6670 261995 105611906155 4002.6670 261986 150364473429 2401.6240 261982 150862603311 0301.6230 261994 167141773415 6524.6220 261987 191136285843 2401.6241 261993 231250126301 2401.6210 261993 231250126301 2201.6355 261992 261042365616 9354.6670 261988 282045892683 9354.6670 261862 8794 261862 8794 261862 8794 261862 8794 6603.6233 6603.6535 6720.6233 6720.6535 261974 287262588400X06 2010.6355 252017 261974 287262588400X06 9701.6355 (' 7 Subledger Account Description Conferences/Meetings/Training Utility System Parts/Supplies Utility System Parts/Supplies Utility System Parts/Supplies Recreation Equipment/Supplies Office Supplies Office Supplies Operating Supplies - General Film & Film Processing Office Fumishings & Equipment Other Equipment Other Equipment Other Equipment Small Tools Repair/Maintenance Supplies -Ge Operating Supplies - General Shop Materials Office Supplies Cellular Telephone Service Other Equipment Other Equipment Building Repair Supplies Other Contractual Services Building Repair Supplies Other Contractual Services Cellular Telephone Service Cellular Telephone Service 6/29/2017 17:22:14 Page - 1 Business Unit Patrolling/Traffic South Plant Production South Plant Production South Plant Production Preschool Programs Administrative/General Admin istrative/General Investigation/Crime Prevention General Admin -Planning & Zonin Legislative/Policy Development FIRE STATION 1 FIRE STATION 1 Fiber capacity project Gen/Adm-Central Services IT -Gen &Admn Basin Mgmt-Emergency Cleanup Gen/Adm-Central Services Gen/Adm-Central Services Gen/Adm-Streets FIRE STATION 1 FIRE STATION 1 Building Repair & Maint. Building Repair & Maint. Pool Attendant Pool Attendant General Engineering PEG -eligible R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 2 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 191998 6/30/2017 146829 AT&T MOBILITY Continued... 252017 82.48 191999 6/30/2017 150440 AVAKIAN, BRIAN 290.06 9524-OVRPMNT 4087 VERMONT AVE 261881 060617 9220.2250 Escrow Deposits Public Utilities 290.06 192000 6/30/2017 100015 BACHMANS INC 120.00 PLANTS PORTION 261861 862628/50 5150.6758 Plant Material Nasseff Contribution 375.25 DONATION TO PAY FOR TREE 261861 862628/50 9351.6250 Landscape Material & Supplies Old Town Hall Replacement Proj 495.25 192001 6/30/2017 146844 BACKER-HINES, ANGELA 286.60 CRIME ANALYST CONFERENCE 192002 6/30/2017 192003 6/30/2017 192004 6/30/2017 192005 6/30/2017 192006 6/30/2017 286.60 132.00 654.00 4,234.00 5,020.00 215.14 646.02 646.02 1,507.18 142024 BASER & PL UMPIRES WOMEN'S SOFTBALL UMPIRES WOMEN'S SOFTBALL UMPIRES MEN'S SOFTBALL UMPIRES 100016 BAUER BUILT UNIT 509 R RO 485 UNIT 386 RO 474 UNIT 304 100024 BRAUN INTERTEC 703.00 MATERIALS TESTING 703.00 150444 BYRNE, TED 10.74 9565-OVRPMNT-3853 HEATHER DR 10.74 261979 091517 1105.6476 Conferences/Meetings/Training Investigation/Crime Prevention 261860 061517 261860 061517 261860 061517 261857 180212928 261856 180213047 261855 180213240 3049.6327 3050.6327 3048.6327 9001.1415 9001.1415 9001.1415 261858 B094317 9355.6713 261859 061417 9220.2250 117889 CENTRAL LANDSCAPE SUPPLY INC. 118.00 SAUCERS FOR LARGE POTS 261864 273657 118.00 Sporting Event Officials Sporting Event Officials Sporting Event Officials Inventory - Parts Inventory - Parts Inventory - Parts Adult Softball -Women Adult Softball-Co-Rec Adult Softball -Men General Fund General Fund General Fund Project - Outside Engineering MAINTENANCE FACILITY EXPANSION Escrow Deposits Public Utilities 3215.6250 Landscape Material & Supplies Landscape Planting -Non -park R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation 192007 6/30/2017 192008 6/30/2017 192009 6/30/2017 192010 6/30/2017 192011 6/30/2017 192012 6/30/2017 192013 6/30/2017 192014 6/30/2017 192016 6/30/2017 192017 6/30/2017 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 3 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 102312 COLE-PARMER INSTRUMENT COMPANY Continued... 136.81 CANOE, VIAL, SPATULA 261868 1162836 136.81 9695.6220 Operating Supplies - General Dakota Co Drug Task Force 142286 COMCAST 18.99 DIGITAL RECIEVER FEE JUL17 261867 877210508005717 0301.6569 3-062017 18.99 142286 COMCAST 8.44 PD CABLE -JULY 2017 8.44 132315 COOK, DAN 351.50 DAN COOK MILEAGE 351.50 150420 CRAWFORD, LINDA 535.00 REFUND 535.00 100390 CUSHMAN MOTOR COMPANY INC 1,386.35 BALL DRAG LIFT 1,386.35 261980 877210508005718 1104.6569 1-062017 261871 061617 261866 409971 261885 170470 133868 DAKOTA COUNTY FINANCIAL SERVICES 4,515.87 CEDAR AVE TRANSITWAY 261865 00025526 4,515.87 130716 DAKOTA COUNTY PT & R 46.00 SA WAIVER PAID 3783 WESCOTT CR 46.00 150443 DEBOER, GRETCHEN 5.82 9565-OVRPMNT-4074 DEERWOOD TR 5.82 109681 DODGE OF BURNSVILLE 105.00 RO 467 UNIT 1140 105.00 261869 060517 261872 061417 261863 5005912 Maintenance Contracts IT -Gen & Admn Maintenance Contracts Patrolling/Traffic 0301.6353 Personal Auto/Parking IT -Gen & Admn 3049.4311 Park Program Rev (Taxable) Adult Softball -Women 3128.6231 Mobile Equipment Repair Parts Vehicle Maintenance 0720.6310 Professional Services -General General Admin -Planning & Zonin 0513.6481 Recording Fees Special Assessments 9220.2250 Escrow Deposits Public Utilities 9001.1415 Inventory - Parts General Fund R55CKR2 LOGIS101 Check # Date 192017 6/30/2017 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 4 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 109681 DODGE OF BURNSVILLE Continued... 192018 6/30/2017 150452 DOUGARIAN GROUP 22.56 9565-OVRPMNT 1233 TIMBERSHORE 22.56 261882 061417 9220.2250 Escrow Deposits Public Utilities 192019 6/30/2017 142972 DOUGHERTY, MOLENDA, SOLFEST, HILLS 9,186.07 LEGAL 261998 163761-04768 0601.6311 Legal General Legal Service 187.42 PRESTIGE POOLS 262034 163782-38630 9001.2245 J0354 Escrow - Private Development F General Fund 137.11 ACCESS EAGAN 262007 163783-32896 4005.6716 Project - Legal AccessEagan 304.57 AFFFININTY AT EAGAN 262020 163784-36717 9001.2245 J0281 Escrow - Private Development F General Fund 46.86 ART WORKS EAGAN 262030 163785-38442 9001.2245 J0346 Escrow - Private Development F General Fund 2,088.11 CEDAR GROVE TIF 262042 163786-26768 9334.6716 Project - Legal Cedarvale/Hwy 13 TIF 398.27 CENTRAL PARK COMMONS 262017 163787-35543 9001.2245 J0243 Escrow - Private Development F General Fund 374.84 CHICK-FIL-A 262026 163788-38177 9001.2245 J0336 Escrow - Private Development F General Fund 257.71 CLIFF LAKE CENTER 262019 163789-36716 9001.2245 J0280 Escrow - Private Development F General Fund 351.42 LEGAL 262006 163790-38444 0601.6311 Legal General Legal Service 1,199.47 LEGAL 262003 163791-10388 0601.6311 Legal General Legal Service 113.72 CORVIDA MEDICAL 262032 163792-37050 9001.2245 J0352 Escrow - Private Development F General Fund 1,421.42 LEGAL 262004 163793-12651 0601.6311 Legal General Legal Service 70.28 EAGAN GATEWAY BUSINESS PARK 2N 262041 163794-38752 9001.2245 J0361 Escrow - Private Development F General Fund 164.00 FITNESS 19 262033 163795-38629 9001.2245 J0353 Escrow - Private Development F General Fund 140.56 GERTENS (CUP) 262023 163796-37575 9001.2245 J0317 Escrow - Private Development F General Fund 93.71 JUSTMAN FREIGHT 262039 163797-38750 9001.2245 J0359 Escrow - Private Development F General Fund 45.70 LEGAL 262001 163798-37563 0601.6311 Legal General Legal Service 60.94 LEGAL 262000 163799-32904 0601.6311 Legal General Legal Service 46.86 MANLEY GUN CLUB 262036 163800-38632 9001.2245 J0356 Escrow - Private Development F General Fund 46.86 MERKAN CORP PROPERTY 262031 163801-38443 9001.2245 J0347 Escrow - Private Development F General Fund 140.57 MINNESOTAAUTISMN CENTER 262018 163802-35606 9001.2245 J0247 Escrow - Private Development F General Fund 303.70 MINNESOTAAUTISMN CENTER 262028 163803-38323 9001.2245 J0343 Escrow - Private Development F General Fund 121.87 LEGAL 262002 163804-38031 0601.6311 Legal General Legal Service 182.81 LEGAL 261999 163805-38702 0601.6311 Legal General Legal Service 1,780.51 NORTHEAST EAGAN DEVELOPMENT 262022 163806-37129 9001.2245 J0301 Escrow - Private Development F General Fund 70.28 PIPE TRADE SERVICES 262038 163807-38749 9001.2245 J0358 Escrow - Private Development F General Fund 960.54 PRIME THERAPEUTICS 262027 163808-38250 9001.2245 J0340 Escrow - Private Development F General Fund 1,101.10 PRIME THERAPEUTICS 262029 163809-38324 9001.2245 J0344 Escrow - Private Development F General Fund 186.74 P1225 262013 163810-38706 6249.6716 P1255 Project - Legal Sewer Main Repair 243.74 P1245 262015 163812-37910 8245.6716 Project - Legal P1245 Quarry Rd 45.70 LEGAL 262005 163813-38297 0601.6311 Legal General Legal Service 124.32 P1247 262016 163814-38298 8247.6716 Project - Legal P1247 2017 Trail & parking lot 70.28 QUARRY ROAD 2ND ADDN 262040 163815-38751 9001.2245 J0360 Escrow - Private Development F General Fund R55CKR2 LOGIS101 Check # Date 192019 6/30/2017 192020 6/30/2017 192021 6/30/2017 192022 6/30/2017 192023 6/30/2017 192024 6/30/2017 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 5 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 Amount Supplier / Explanation PO # Doc No Inv No Account No 142972 DOUGHERTY, MOLENDA, SOLFEST, HILLS 70.28 QUARRY ROAD ADDN 262024 163816-37696 9001.2245 562.28 SPRINT -ANTENNA LEASE 262009 163817-23897 6007.6311 46.86 S-MOBILE-SPERRY ANTENNA LEASE 262010 163818-36300 6007.6311 398.28 VERIZON-SPERRY ANTENNA LEASE 262012 163819-38505 6007.6311 257.71 VERIZON-YANKEE ANTENNA LEASE 262011 163820-37751 6008.6311 210.85 VERIZON ANTENNA LEASE-DIFFLEY 262008 163821-38803 6003.6311 140.57 VIKING LAKES PHASE II 262025 163822-38202 9001.2245 304.56 YANKEE DOODLE SELF STORAGE 262035 163823-38631 9001.2245 421.70 YANKEE DOODLE PROF BLDG 2ND 262037 163824-38645 9001.2245 3,561.00 NORTHEAST EAGAN DEVELOPMENT 262021 163992-37129 9001.2245 365.61 P1225 262014 163993-37408 8225.6716 28,407.76 3.25 20.94 10.13 20.94 55.26 144474 EATON, JON AWWA 6/8-6/15/17 AWWA 6/8-6/15/17 AWWA 12/13-12/14/16 AWWA 12/13-12/14/16 100060 ECM PUBLISHERS INC 302.65 AD FOR BIDS - VIKINGS PARKWAY 53.17 PH - BUSINESS SUBSIDY 208.50 WEEKLY MARKET FEST AD 564.32 102620 ECOLAB 2,393.90 CHEMICAL 2,393.90 100062 FACTORY MOTOR PARTS CO 47.22 DEF FLUID PARKS 47.22 DEF FLUID STREETS 94.44 100451 FASTENAL COMPANY 5.23 BOLTS FOR SQUAD REPAIRS 5.23 192025 6/30/2017 100065 FERRELLGAS 261887 061517 261887 061517 261886 121416 261886 121416 261877 499105 261876 499106 261884 501887 261888 6022996 261880 1-5266622 261880 1-5266622 261878 MNTC1200713 6101.6476 6101.6353 6101.6353 6101.6353 0401.6359 0401.6359 3061.6357 6720.6244 3128.6235 2244.6235 1104.6231 Subledger Account Description J0322 ASPRI ATMOB AVERI AVERT AVERT J0335 J0355 J0357 J0301 Continued... Escrow - Private Development F Legal Legal Legal Legal Legal Escrow - Private Development F Escrow - Private Development F Escrow - Private Development F Escrow - Private Development F Project - Legal Conferences/Meetings/Training Personal Auto/Parking Personal Auto/Parking Personal Auto/Parking Legal Notice Publication Legal Notice Publication Advertising/Publication Chemicals & Chemical Products Fuel, Lubricants, Additives Fuel, Lubricants, Additives Mobile Equipment Repair Parts Business Unit General Fund Sperry Antenna Location Sperry Antenna Location Sperry Antenna Location Yankee Doodle Antenna Location Lexington Antenna Location General Fund General Fund General Fund General Fund P1225 Northwest Park Way Exten Water -Administration Water -Administration Water -Administration Water -Administration General & Admn-City Clerk General & Admn-City Clerk Market Fest Pool Attendant Vehicle Maintenance Street Equipment Repair/Mtn Patrolling/Traffic R55CKR2 LOGIS101 Check # Date 192025 6/30/2017 192026 6/30/2017 192027 6/30/2017 192028 6/30/2017 192029 6/30/2017 192030 6/30/2017 192031 6/30/2017 Amount Supplier / Explanation 100065 FERRELLGAS 132.70 PROPANE FOR SWEEPER 132.70 150454 FREEDOM MORTGAGE 42.15 9565-OVRPMNT-1380 JURDY RD 42.15 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 6 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No 100465 GERTEN GREENHOUSES 24.98 POND ROCK AT ECC 295.58 LANDSCAPE SUPPLIES 109.97 ROCK FOR ECC READER BOARD 196.50 SITE RESTORATION 783.00 OTH PLANTINGS 1,410.03 150451 GOUDE, ANNE 13.41 9565-OVRPMNT-872 CURRY TR 13.41 100085 HARDWARE HANK 17.00 EQUIP PARTS 70.74 FUEL 3.20 EQUIP PARTS 3.00 RO 466 UNIT 30007 15.99 LANDSCAPE SUPPLIES 9.87 BOLTS FOR SQUAD REPAIRS 52.43 LANDSCAPE SUPPLIES 172.23 113415 HITESMAN & ASSOCIATES, P.A. 350.00 LEGAL FEES 350.00 100627 HOME DEPOT CREDIT SERVICES 108.31 SUPPLIES 32.96 SWAT ROOM 18.27 SUPPLIES 19.23 SUPPLIES 138.74 SUPPLIES 317.51 261879 1096786682 261883 061417 261896 1845 /7 261891 422674/1 261895 554 /12 261897 9026 /6 261892 9889/6 261901 061417 261899 1689654 261898 1692684 261900 1693142 261890 1693691 261894 1694683 261889 1694694 261893 1695246 261904 24655 262045 1080720 262043 5090590 262046 5093915 262044 6091986 262044 6091986 Account No 2401.6235 9220.2250 3217.6250 3215.6630 3217.6250 3108.6253 5150.6758 9220.2250 3127.6231 3127.6220 3127.6231 9001.1415 3222.6220 1104.6231 3215.6250 0603.6311 6720.6230 1104.6220 6720.6230 6603.6233 6720.6230 Subledger Account Description Continued... Fuel, Lubricants, Additives Escrow Deposits Landscape Material & Supplies Other Improvements Landscape Material & Supplies Turf Maintenance & Landscape S Plant Material Escrow Deposits Mobile Equipment Repair Parts Operating Supplies - General Mobile Equipment Repair Parts Inventory - Parts Operating Supplies - General Mobile Equipment Repair Parts Landscape Material & Supplies Legal Repair/Maintenance Supplies -Ge Operating Supplies - General Repair/Maintenance Supplies -Ge Building Repair Supplies Repair/Maintenance Supplies -Ge Business Unit Gen/Adm-Central Services Public Utilities Landscape Mtn -Non -park sites Landscape Planting -Non -park Landscape Mtn -Non -park sites Park Improvements Nasseff Contribution Public Utilities Equipment Maintenance/Repair Equipment Maintenance/Repair Equipment Maintenance/Repair General Fund Equipment Mtn Patrolling/Traffic Landscape Planting -Non -park Outside Legal Counsel Pool Attendant Patrolling/Traffic Pool Attendant Building Repair & Maint. Pool Attendant R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation 192031 6/30/2017 192032 6/30/2017 192033 6/30/2017 192034 6/30/2017 192035 6/30/2017 192036 6/30/2017 192037 6/30/2017 192038 6/30/2017 192039 6/30/2017 192040 6/30/2017 192041 6/30/2017 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 7 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 100627 HOME DEPOT CREDIT SERVICES Continued... 150406 HUELIFE 750.00 FACILITATION TRAINING MILLER 750.00 FACILITATION-PIMENTAL 750.00 FACILTIATION-FELDMAN 2,250.00 150442 HUSABY, SCOTT 122.50 9565-OVRPMNT-3783 BIG TIMBER T 122.50 149714 HYDROCORP 2,980.00 BACKFLOW PREVENTION PARTS 2,980.00 104674 INDELCO PLASTICS CORP. 28.56 STP POLY PARTS 28.56 261907 649 -MILLER 261909 650-PIMENTAL 261908 651-FELDMAN 261906 061417 261910 0043099 -IN 261905 1073591 149612 INTEGRATED LOSS CONTROL INC. 686.00 SAFETY CONSULTANT SUPPORT 261903 11730 686.00 150450 JANDA, AMI 42.48 9565-OVRPMNT-1537 WOODVIEW AVE 42.48 150445 JONES, DOUGLAS 19.77 9565-OVRPMNT-1640 OAKBROOKE DR 19.77 124023 KELLER, KATHY 25.94 SUPPLIES 25.94 140046 KUKULSKI, SANDY 26.19 SUPPLIES 26.19 150439 LACASSE, ANDY 261912 061417 261902 061417 261913 050917 261914 051017 0201.6310 0201.6310 0201.6310 Professional Services -General Professional Services -General Professional Services -General General & Admn-Admn General & Admn-Admn General & Admn-Admn 9220.2250 Escrow Deposits Public Utilities 6159.6233 Building Repair Supplies Service Inspectn/Maint/Repair 6155.6260 Utility System Parts/Supplies South Plant Production 1001.6475 Miscellaneous General/Admn-Human Resources 9220.2250 Escrow Deposits Public Utilities 9220.2250 Escrow Deposits Public Utilities 3057.6227 Recreation Equipment/Supplies Preschool Programs 3057.6227 Recreation Equipment/Supplies Preschool Programs R55CKR2 LOGIS101 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 8 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 192041 6/30/2017 150439 LACASSE, ANDY Continued... 400.00 MARKETFEST 7/5/17 261911 070517 3061.6320 Instructors Market Fest 400.00 192042 6/30/2017 131038 LANDS END BUSINESS OUTFITTERS 37.45 CLERICAL CLOTHING 261981 SIN5096153 1107.6224 Clothing/Personal Equipment Support Services 37.45 192043 6/30/2017 100420 LEAGUE OF MINN CITIES INS TRUST 4,474.58 CLAIM C0022403 261926 2683 9591.6386 Insurance Deductible Risk Management 4,474.58 192044 6/30/2017 100111 LOGIS 402.76 261925 43712 0301.6350 LOGIS IT Services IT -Gen & Admn 2,636.06 CIP -ART HOUSE FIBER 261925 43712 9328.6630 Other Improvements Park Sys Dev and R&R 192045 6/30/2017 192046 6/30/2017 3,038.82 145890 MANSFIELD OIL COMPANY 14,916.95 FIXED CONTRACT FUEL 17,231.41 FIXED CONTRACT FUEL 32,148.36 102857 MAXIMUM SOLUTIONS, INC. 650.00 1/3 ANNUAL DUES 650.00 1/3 ANNUAL DUES 650.00 1/3 ANNUAL DUES 1,950.00 192047 6/30/2017 150441 MEANS, KARLA 324.46 9524-OVRPMNT-1720 WOODGATE LN 192048 6/30/2017 192049 6/30/2017 324.46 100571 MENARDS-APPLE VALLEY 2.09 MISC SUPPLY 9.14 FENCE REPAIR 4.17 BLDG REPAIR 15.40 100034 MIDWEST COCA COLA 902.43 CONCESSION RESALE -POP 150.00- CREDIT CONCESION RESALE -POP 261923 341451 261924 341453 261927 20144 261927 20144 261927 20144 9001.1411 9001.1411 6601.6569 6716.6569 6801.6569 261919 060617 9220.2250 261915 20382 261916 20383 261917 20385 261921 3621202317 261920 3621202318 3103.6220 3103.6252 3106.6233 6713.6855 6713.6855 Inventory - Motor Fuels Inventory - Motor Fuels Maintenance Contracts Maintenance Contracts Maintenance Contracts General Fund General Fund General/Administrative-Arena General Administration General & Administrative Escrow Deposits Public Utilities Operating Supplies - General Parks & Play Area Supplies Building Repair Supplies Merchandise for Resale Merchandise for Resale Site Amenity Maintenance Site Amenity Maintenance Structure Care & Maintenance Concessions Concessions R55CKR2 LOGIS101 Check # Date 192049 6/30/2017 192050 6/30/2017 192051 6/30/2017 192052 6/30/2017 192053 6/30/2017 Amount Supplier / Explanation 100034 MIDWEST COCA COLA 752.43 100664 MN CHILD SUPPORT 586.52 PAYROLL ENDING 6/24/17 319.79 PAYROLL ENDING 6/24/17 23.53 PAYROLL ENDING 6/24/17 929.84 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 9 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No 120087 MN ENERGY RESOURCES CORP 49.46 FIRE STATION 3 53.96 FIRE STATION 1 36.40 EAGAN OUTLET PARKWAY COMMONS 45.00 UTILITY STORAGE BLDG 18.00 RAHN PARK WARMING HOUSE 2,579.03 NORTH WATER TREATMENT PLANT 37.32 WELL #3 24.35 TRAPP FARM PARK 10.17 CENTRAL PARK PAVILLION .81 HOLZ FARM 2,854.50 101683 MPELRA 250.00 MPELRA CONFERENCE -PETERSON 250.00 125742 NATIONAL DRIVE 2.00 PAYROLL ENDING 6/24/17 262047 GARNISHMENT 6/24/17 262048 GARNISHMENT 6/24/17-1 262049 GARNISHMENT 6/24/17-2 261967 0502709856-0000 1-JUN17 261973 0504039526-0000 1-JUN17 261971 0504332209-0000 1-JUN17 261970 0505182087-0000 3-JUN17 261966 0505212492-0000 1-JUN17 261976 0505460873-0000 1-JUN17 261975 0505460873-0000 2-JUN17 261969 0506168916-0000 1-JUN17 261972 0506640339-0000 1-JUN17 261968 0506678453-0000 1-JUN17 Account No 9592.2030 9592.2030 9592.2030 3313.6410 3313.6410 9116.6410 6146.6410 3106.6410 6146.6410 6146.6410 3106.6410 3106.6410 3106.6410 261922 080917 -PETERSON 1001.6476 262050 062417 9592.2037 Subledger Account Description Continued... Ded Pay - Garnishments Ded Pay - Garnishments Ded Pay - Garnishments Natural Gas Service Natural Gas Service Natural Gas Service Natural Gas Service Natural Gas Service Natural Gas Service Natural Gas Service Natural Gas Service Natural Gas Service Natural Gas Service Conferences/Meetings/Training Ded Payable -Teamsters DRIVE Business Unit Benefit Accrual Benefit Accrual Benefit Accrual Fire Buildings Fire Buildings Cedar Grove Parking Garage North Plant Building Structure Care & Maintenance North Plant Building North Plant Building Structure Care & Maintenance Structure Care & Maintenance Structure Care & Maintenance General/Admn-Human Resources Benefit Accrual R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation 192053 6/30/2017 192054 6/30/2017 192055 6/30/2017 192056 6/30/2017 192057 6/30/2017 192058 6/30/2017 192059 6/30/2017 192060 6/30/2017 192061 6/30/2017 192062 6/30/2017 192063 6/30/2017 2.00 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 10 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 125742 NATIONAL DRIVE Continued... 150220 NIEMER, ALEX 250.00 MARKETFEST POP CLUB 7/5/17 261918 070517 3061.6320 Instructors Market Fest 250.00 102547 NORTHERN SAFETY TECHNOLOGY 554.00 TRUCK 150 261937 43956 3522.6680 Mobile Equipment Equip Rev Fd -Dept 22 554.00 150446 O'BRIEN, DANIEL 34.78 9565-OVRPMNT-4371 BENT TREE LN 261928 061417 9220.2250 Escrow Deposits Public Utilities 34.78 122435 OFFICE DEPOT (R) 136.38 BATTERY, KCUP, BINDERS, TISSUE 261934 934276230001 9695.6210 Office Supplies Dakota Co Drug Task Force 106.40 DVD DISCS 261933 934279081001 9695.6210 Office Supplies Dakota Co Drug Task Force 242.78 146266 OLS RESTORATION INC. 15,250.00 CONT 17-14 PMT 1 261932 062117 6301.6710 Project - Contract Street Lighting 15,250.00 144186 ONE SOURCE 11.00 BACKGROUND CHECK 261930 2968-20170531 1001.6358 Employment Advertising General/Admn-Human Resources 11.00 143709 OREILLY AUTO PARTS 55.98 TOOLS 261935 3287-498087 2401.6240 Small Tools Gen/Adm-Central Services 55.98 149730 POND COMPANY, THE 91.36 ECC POND TREATMENT CHEM 261936 2300 3206.6244 Chemicals & Chemical Products Chemical Appl-Plant Health Mgt 91.36 123573 PROFESSIONAL WIRELESS COMMUNICATIONS 210.00 PORTABLE RADIO RENTAL- JUNE 261938 79474 2201.6457 Machinery & Equipment -Rental Gen/Adm-Streets 210.00 144483 PROS OF THE ROPE LLC R55CKR2 LOGIS101 Check # Date 192063 6/30/2017 192064 6/30/2017 192065 6/30/2017 192066 6/30/2017 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 11 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 144483 PROS OF THE ROPE LLC Continued... 1,248.00 JUNE 2017 261931 453 3082.6320 Instructors Sports/Creative Camps 1,248.00 100169 RATWIK ROSZAK ETAL 1,148.16 LEGAL FEES 261929 60663 0603.6311 Legal Outside Legal Counsel 1,148.16 125192 RUTSKE, JOHN 40.17 OAK WILT COST SHARE 261939 2017 OAK 3209.6860 Contributions/Cost Sharing Pay Plant Inspections -Private Prop WILT -TR -043017 40.17 149711 SAFE -FAST INC. 84.89 CLOTHING ALLOWANCE - MASSMANN 25.11 CLOTHING ALLOWANCE - MASSMANN 110.00 192067 6/30/2017 140064 SENTRY SYSTEMS INC. 192068 6/30/2017 192069 6/30/2017 192070 6/30/2017 192071 6/30/2017 63.50 JUL 2017 ALARM MONITORING 63.50 261950 INV183207 261950 INV183207 9001.2250 Escrow Deposits General Fund 6101.2115 Clothing Allowance Water -Administration 261947 9125089 9695.6540 Alarm Monitoring Sry (DCDTF) Dakota Co Drug Task Force 149647 SHETLER SI INC 97.88 SECURITY OFFICER 261944 1014854 6847.6535 Other Contractual Services Security 97.88 SECURITY OFFICER 261952 1014855 6847.6535 Other Contractual Services Security 97.88 SECURITY OFFICER 261951 1014856 6847.6535 Other Contractual Services Security 97.88 SECURITY OFFICER 261946 1014873 6847.6535 Other Contractual Services Security 97.88 SECURITY OFFICER 261945 1014874 6847.6535 Other Contractual Services Security 489.40 101890 SIGN ART COMPANY, INC. 274.37 SIGN FOR EMERGENCY PERSON 274.37 100193 SIGNATURE CONCEPTS 484.81 T -BALL HATS 484.81 150462 STEIL, NICHOLAS 30.01 MILEAGE REIMBURSEMENT 30.01 261943 15231 261949 846290 261977 62917 6154.6233 Building Repair Supplies South Plant Building 3047.6227 Recreation Equipment/Supplies Recreational T -Ball 0301.6353 Personal Auto/Parking IT -Gen & Admn R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 12 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 192071 6/30/2017 150462 STEIL, NICHOLAS Continued... 192072 6/30/2017 121824 STEVENSON, CHERYL 12.06 MILEAGE 5/9/17-6/20/17 261940 062017 0201.6353 Personal Auto/Parking General & Admn-Admn 12.06 192073 6/30/2017 100438 SYN -TECH SYSTEMS INC 33.75 FUEL PUMP DIAG. 261948 145397 2401.6234 Field/Other Equipment Repair Gen/Adm-Central Services 33.75 192074 6/30/2017 107864 TILLEY, MEG 77.04 MILEAGE LMC CONE 6/14-6/16/17 261941 061617 0101.6476 Conferences/Meetings/Training Legislative/Policy Development 77.04 192075 6/30/2017 150447 TRAN JAYDE 42.76 9565-OVRPMNT-1806 BLUESTONE DR 261942 061417 9220.2250 Escrow Deposits Public Utilities 42.76 192076 6/30/2017 100232 UHL CO INC 5,689.00 NVR SOFTWARE LICENSES 261961 52092-1 3503.6660 Office Furnishings & Equipment Equip Rev Fd -Dept 03 5,689.00 192077 6/30/2017 115307 ULINE (R) 287.10 LABELS AND GLOVES 261954 87807369 9695.6220 Operating Supplies - General Dakota Co Drug Task Force 287.10 192078 6/30/2017 150449 VANBECK, LAURA 7.18 9565-OVRPMNT-4336 LEXINGTON PO 261962 061417 9220.2250 Escrow Deposits Public Utilities 7.18 192079 6/30/2017 100314 VASQUEZ, LYNN 49.98 CLERICAL CLOTHING 261978 061617 1107.6224 Clothing/Personal Equipment Support Services 49.98 192080 6/30/2017 114534 VISTAR CORPORATION 1,666.79 CHIPS/CANDY/FRIES/BUNS 261959 48941770 6713.6855 Merchandise for Resale Concessions 120.62 CONCESSION RESALE 261955 48942034 6713.6855 Merchandise for Resale Concessions 1,787.41 192081 6/30/2017 100549 WATSON CO INC, THE 63.60 CONCESSION RESALE -ICE CREAM 261956 877667 6713.6855 Merchandise for Resale Concessions R55CKR2 LOGIS101 Check # Date 192081 6/30/2017 192082 6/30/2017 192083 6/30/2017 192084 6/30/2017 192085 6/30/2017 192086 6/30/2017 20170321 6/30/2017 Amount Supplier / Explanation 100549 WATSON CO INC, THE 1,036.49 CONCESSION RESALE -ICE CREAM 1,100.09 138911 WEILAND, LEON 125.00 LEON - WATER SUPPLY TRAINING 125.00 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 13 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No 150448 WISELL, PATRICIA 60.70 9565-OVRPMNT-1565 MURPHY PKWY 60.70 150453 WORSECH, ANNIE 33.40 9565-OVRPMNT-1704 HICKORY HIL 33.40 104542 WSB & ASSOCIATES, INC. 1,642.00 ASSET MGMT STUDY 1,650.00 3,292.00 338.01 123.20 461.21 651, 709.73 9,992.71 67,485.84 8,084.95 61, 867.51 34,702.87 3,601.06 52,242.39 129, 391.42 1, 019, 078.48 100246 ZEP MFG CO CLEANING SUPPLIES DRAIN CLEANER 100693 EAGAN PAYROLL ACCT PAYROLL ENDING 6/24/17 PAYROLL ENDING 6/24/17 PAYROLL ENDING 6/24/17 PAYROLL ENDING 6/24/17 PAYROLL ENDING 6/24/17 PAYROLL ENDING 6/24/17 PAYROLL ENDING 6/24/17 PAYROLL ENDING 6/24/17 PAYROLL ENDING 6/24/17 261960 877759 261964 060517 261963 061417 261953 061417 261965 2-0-002084-180 261965 2-0-002084-180 261958 31040918 261957 9002881090 262058 062917 262058 062917 262058 062917 262058 062917 262058 062917 262058 062917 262058 062917 262058 062917 262058 062917 20172513 6/30/2017 115374 MN STATE RETIREMENT SYSTEM-HCSP 31,470.78 EMPLOYEE CONTRIBUTIONS 262051 062917 31,470.78 Account No 6713.6855 2010.6476 9220.2250 9220.2250 0301.6567 6101.6310 6719.6223 6603.6223 9001.1115 9197.1115 9220.1115 9221.1115 9222.1115 9223.1115 9225.1115 9592.6144 9592.1115 Subledger Account Description Continued... Merchandise for Resale Conferences/Meetings/Training Escrow Deposits Escrow Deposits Contractual Programming/Data P Professional Services -General Building/Cleaning Supplies Building/Cleaning Supplies Claim on Cash Claim on Cash Claim on Cash Claim on Cash Claim on Cash Claim on Cash Claim on Cash FICA Claim on Cash Business Unit Concessions General Engineering Public Utilities Public Utilities IT -Gen & Admn Water -Administration Building Maintenance Building Repair & Maint. General Fund ETV Public Utilities Civic Arena Cascade Bay Central Park/Community Center Fiber Infrastructure Fund Benefit Accrual Benefit Accrual 9592.2034 Ded Payable-HCSP Benefit Accrual R55CKR2 LOGIS101 Check # Date 20172513 6/30/2017 20173213 6/30/2017 20173558 6/30/2017 Amount Supplier / Explanation City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 14 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No 115374 MN STATE RETIREMENT SYSTEM-HCSP 138969 MN STATE RETIREMENT SYSTEM-MNDCP 8,952.95 EMPLOYEE CONTRIBUTIONS 262052 062917 8,952.95 121803 US BANK - AUTOPAY 1,399.80 SITEGROUND 20.00 BASECAMP 19.95 PAYFLOW PRO 516.40 SUN COUNTRY-MADDIO SAN DIEGO 7.00 PARKING FOR MEETING 48.12 OFFICE DEPOT -OFFICE SUPPLIES 4.11 FACEBOOK AD 43.45 UNIT 1212 -BTR OF MINNESOTA 141.40 UNIT 1219 -BTR OF MINNESOTA 45.03 HY-VEE-ARBOR DAY EVENT 11.20 PERKINS-EXCH BOARD MTG BKFST 366.17 MCMABOX DINNER: COUNCIL, STAFF 28.26 HOULIHANS-EXCHLUNCH NEW&MILLER 1,100.00 ICMA DUES: MILLER 11.00 PARKING FEE: ALLIANCE MTG 55.65 BONFIRE-PERSONNELCOMMLUNCH MTG 311.01 AMERICIN-BOLKS CHILD ABUSETRNG 75.00 BCA -PETERSON DMT RECERT 127.73 FUNEXPRESS-BIG RIG RALLY SUPP 237.42 BUILDACROSS-BIG RIG RALLY SUPP 1,050.00 BIG RIG RALLY FACEPAINTING 261776 0088 001139 6/5 261773 0088 083010 5/24 261774 0088 085910 6/2 261775 0088 088342 6/2 261818 0152 008667 5/19 261820 0152 047271 6/2 261819 0152 051591 5/31 261829 0258 032995 5/25 261830 0258 080233 6/2 261804 0290 004790 5/17 261679 1104 010454 5/16 261677 1104 018753 5/9 261676 1104 058068 5/9 261678 1104 066135 5/11 261680 1104 091753 5/19 261640 1112 070275 5/22 261806 1155 027110 5/19 261805 1155 072182 5/11 261661 1171 011165 5/16 261660 1171 040197 5/8 261662 1171 083419 5/30 Account No 9592.2032 0301.6569 0301.6270 0301.6569 0301.6476 0901.6353 0901.6210 0901.6357 9001.1415 9001.1415 3226.6477 0201.6477 0201.6477 0201.6477 0201.6479 0201.6353 0101.6477 1105.6476 1104.6476 3079.6227 3079.6227 3079.6320 Subledger Account Description Continued... Ded Pay - Great West Def Comp Maintenance Contracts Computer Software Maintenance Contracts Conferences/Meetings/Training Personal Auto/Parking Office Supplies Advertising/Publication Inventory - Parts Inventory - Parts Local Meeting Expenses Local Meeting Expenses Local Meeting Expenses Local Meeting Expenses Dues and Subscriptions Personal Auto/Parking Local Meeting Expenses Conferences/Meetings/Training Conferences/Meetings/Training Recreation Equipment/Supplies Recreation Equipment/Supplies Instructors Business Unit Benefit Accrual IT -Gen & Admn IT -Gen & Admn IT -Gen & Admn IT -Gen & Admn Gen & Admin -Communications Gen & Admin -Communications Gen & Admin -Communications General Fund General Fund Public Education/Education General & Admn-Admn General & Admn-Admn General & Admn-Admn General & Admn-Admn General & Admn-Admn Legislative/Policy Development Investigation/Crime Prevention Patrolling/Traffic Eagan Fun Runs/Walks Eagan Fun Runs/Walks Eagan Fun Runs/Walks R55CKR2 LOGIS101 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 15 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 20173558 6/30/2017 121803 US BANK-AUTOPAY Continued... 43.11 AMAZON -PROGRAM SUPPLIES 261663 1171 088199 6/1 3075.6227 Recreation Equipment/Supplies CDBG - Teens 43.90 AMAZON -MARKET FEST EQUIPMENT 261663 1171 088199 6/1 3061.6220 Operating Supplies - General Market Fest 149.00 ISI CONFERENCE 261665 1423 036262 6611.6476 Conferences/Meetings/Training Learn To Skate 5/24 110.00 NL -ICE SHOW VIDEO RESALE 261785 1423 047861 6606.6855 Merchandise for Resale Ice Show 5/24 130.00 PROF SKATERS ASSOC.ANNUAL DUES 261664 1423 064984 6611.6479 Dues and Subscriptions Learn To Skate 5/18 41.92 BYERLY'S-MEETING FOOD&BEVERAGE 261634 1696 051693 6831.6855 Merchandise for Resale Food and Beverage 5/17 57.95 PARTYCITY-CONCESSIONS SUPPLIES 261633 1696 066741 6806.6220 Operating Supplies - General Concessions 5/15 150.00 DPS -FF LISCENSE RENEWAL 261754 1958 030725 1223.6320 Instructors Training Fire & EMS 5/29 1,091.25 ACTIVE 911 RENEWAL 261692 1958 069222 1221.6270 Computer Software Administration -Fire 5/26 61.98 BEST BUYMISC AV CORDS FOR ST 1 261755 1958 096587 5/8 1221.6670 Other Equipment Administration -Fire 4.99 CUB FOODS -ART HOUSE 261710 1979 020820 3081.6227 Recreation Equipment/Supplies Arts & Humanities Council 5/19 125.00 CEDARVALE LANES 261709 1979 066648 3075.6328 Special Events/Admission Fees CDBG - Teens 5/17 11.33 XTREME ADVENTURES 261708 1979 083149 5/8 3075.6480 Licenses, Permits and Taxes CDBG - Teens 10.68- CUB FOODS 261833 1987 002392 3057.6227 Recreation Equipment/Supplies Preschool Programs 5/25 22.29 CUB FOODS 261832 1987 039053 3057.6227 Recreation Equipment/Supplies Preschool Programs 5/25 42.04 WALMART 261834 1987 089203 6/2 3057.6227 Recreation Equipment/Supplies Preschool Programs 28.94 CUB FOODS 261685 2232 001357 6831.6855 Merchandise for Resale Food and Beverage 5/10 10.47 KOWALSKI"S 261739 2232 002186 6806.6855 Merchandise for Resale Concessions 5/25 10.47 KOWALSKI"S 261686 2232 004804 6806.6855 Merchandise for Resale Concessions 5/11 10.47 KOWALSKI"S 261713 2232 004924 6/1 6806.6855 Merchandise for Resale Concessions 29.15 CUB FOODS 261735 2232 013696 6806.6855 Merchandise for Resale Concessions 5/19 56.88 CUB FOODS 261683 2232 020717 5/8 6831.6855 Merchandise for Resale Food and Beverage 21.26 KOWALSKI"S 261687 2232 027110 6831.6855 Merchandise for Resale Food and Beverage 5/12 R55CKR2 LOGIS101 Check # Date 20173558 6/30/2017 Amount Supplier / Explanation 121803 US BANK - AUTOPAY 2.67 CUB FOODS 8.98 CUB FOODS 21.88 RECEIPT #217933/CK #13791 17.96 CUB FOODS 10.47 KOWALSKI"S 14.74 KOWALSKI"S 10.47 KOWALSKI"S 59.90 KOWALSKI"S 67.87 RESTAURANT DEPOT 8.98 CUB FOODS 10.47 KOWALSKI"S 38.42 1STOP SQUARE 10.47 KOWALSKI"S 14.17 CUB FOODS 10.47 KOWALSKI"S City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 16 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No 22.46 KOWALSKI"S 4.00 CUB FOODS 12.47 CUB FOODS 14.47 CUB FOODS 15.85 CUB FOODS 13.60 USPS -POSTAGE RETIREE PACKAGE 864.90 HOME DEPOT -SHED FS1 491.61 HOMEDEPOT-HEALTH & SAFETY TRNG 9.80 USPS -STAMPS 29.99 SIMPLEINOUT SCHEDULING APP FEE Account No Subledger Account Description Business Unit Continued... 261717 2232 036409 6/5 6806.6855 Merchandise for Resale Concessions 261717 2232 036409 6/5 6831.6855 Merchandise for Resale Food and Beverage 261718 2232 051841 5/8 9001.2250 Escrow Deposits General Fund 261714 2232 055774 6/1 6831.6855 Merchandise for Resale Food and Beverage 261712 2232 058914 5/8 6806.6855 Merchandise for Resale Concessions 261712 2232 058914 5/8 6831.6855 Merchandise for Resale Food and Beverage 261716 2232 063302 6/5 6806.6855 Merchandise for Resale Concessions 261716 2232 063302 6/5 6831.6855 Merchandise for Resale Food and Beverage 261737 2232 064560 6806.6855 Merchandise for Resale Concessions 5/22 261711 2232 069777 6831.6855 Merchandise for Resale Food and Beverage 5/31 261734 2232 072967 6806.6855 Merchandise for Resale Concessions 5/18 261684 2232 081512 5/8 6801.6220 Operating Supplies - General General & Administrative 261733 2232 082420 6806.6855 Merchandise for Resale Concessions 5/15 261715 2232 083086 6/2 6831.6855 Merchandise for Resale Food and Beverage 261736 2232 091338 6806.6855 Merchandise for Resale Concessions 5/22 261736 2232 091338 6831.6855 Merchandise for Resale Food and Beverage 5/22 261738 2232 093933 6806.6855 Merchandise for Resale Concessions 5/24 261738 2232 093933 6831.6855 Merchandise for Resale Food and Beverage 5/24 261740 2232 094488 6831.6855 Merchandise for Resale Food and Beverage 5/26 261740 2232 094488 6806.6855 Merchandise for Resale Concessions 5/26 261674 2281 030849 1221.6346 Postage Administration -Fire 5/23 261675 2281 064962 9354.6640 Machinery/Equipment FIRE STATION 1 5/24 261673 2281 072307 1225.6240 Small Tools Fire / EMS Equipment 5/19 261727 2339 040973 9695.6346 Postage Dakota Co Drug Task Force 5/23 261726 2339 099763 9695.6479 Dues and Subscriptions Dakota Co Drug Task Force R55CKR2 LOGIS101 Check # Date 20173558 6/30/2017 Amount Supplier / Explanation 121803 US BANK - AUTOPAY 8.41 47.86 1,349.74 14.40 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 17 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No E METRO FIRE MARSHALS MEETING HOMEDEPOT-NEW STA. 1 SUPPLIES BULLEXREPAIR-FIRE EXT. TRAINER WALMART-TRAINING SUPP-POLICE 107.07 KOWALSKI'S-COUNCIL MTG MEAL 14.51 CUB FOODS -COUNCIL MTG SUPPLIES 35.00 WALL ST JOURNAL SUBSCRIPTION 121.75 DAVANNI'S-COUNCIL MTG MEAL 108.17 BYERLY'S-COUNCIL MTG MEAL 315.00- BCA -CLASS CANCELED NO RECEIPT 280.00 INTERNET VIDEO-LICENS SOFTWARE 326.62- CASE FOR MONEY COUNTER RETURN 184.31- REFUND FOR PELICAN CASE 30.00 MAPLINE 6/19-7/19/17 46.49 AMAZON -USB FLASH DRIVES 99.00 AMAZON PRIME MEMBERSHIP REFUN 426.30 PILL DESCRUCTION - REIMBURSED 11.22 PILL DESCRUCTION - REIMBURSED 214.20 PELICAN CASE FOR $ COUNTER 112.45 BATTERIES PLUS 47.28 HOME DEPOT-MARKETFEST SUPPLIES 166.75 HOME DEPOT -BIG RIG RALLY SUPP 64.75 LEARNING ZONE-MARKETFEST SUPP 9.92 WALMART-HOLZ FARM SPRING FEST 271.80 MCR MEDICAL -SUPPLIES 295.35 PATTERSON MED -FIRST AID SUPP 5/15 261688 2406 061727 5/8 261690 2406 065322 5/9 261689 2406 075663 5/8 261691 2406 076644 5/16 261639 2601 018588 6/1 261778 2601 028015 5/9 261638 2601 042972 5/20 261777 2601 053897 5/9 261779 2601 083517 5/12 261667 2642 5/15 261666 2642 054939 5/10 261813 2881 5/12 261812 2881 5/22 261811 2881 003175 5/19 261814 2881 009857 5/18 261803 2881 029394 6/3 261809 2881 031639 5/6 261808 2881 047410 5/6 261810 2881 995693 5/17 261853 3196 027813 5/31 261854 3196 049532 6/2 261854 3196 049532 6/2 261852 3196 059526 5/26 261851 3196 074680 5/19 261797 3330 012613 5/15 261800 3330 054431 5/16 Account No 1228.6476 9354.6640 1228.6230 1228.6220 0101.6477 0101.6477 0501.6479 0101.6477 0101.6477 1105.6476 1105.6457 9695.6210 9695.6670 9695.6479 9695.6210 9695.6479 9695.6539 9695.6539 9695.6670 3061.6227 3061.6227 3079.6227 3061.6227 3027.6227 6717.6222 6717.6222 Subledger Account Description Continued... Conferences/Meetings/Training Machinery/Equipment Repair/Maintenance Supplies -Ge Operating Supplies - General Local Meeting Expenses Local Meeting Expenses Dues and Subscriptions Local Meeting Expenses Local Meeting Expenses Conferences/Meetings/Training Machinery & Equipment -Rental Office Supplies Other Equipment Dues and Subscriptions Office Supplies Dues and Subscriptions Waste Removal/Sanitation Servi Waste Removal/Sanitation Servi Other Equipment Recreation Equipment/Supplies Recreation Equipment/Supplies Recreation Equipment/Supplies Recreation Equipment/Supplies Recreation Equipment/Supplies Medical/Rescue/Safety Supplies Medical/Rescue/Safety Supplies Business Unit Inspection and Prevention FIRE STATION 1 Inspection and Prevention Inspection and Prevention Legislative/Policy Development Legislative/Policy Development General & Admn-Finance Legislative/Policy Development Legislative/Policy Development Investigation/Crime Prevention Investigation/Crime Prevention Dakota Co Drug Task Force Dakota Co Drug Task Force Dakota Co Drug Task Force Dakota Co Drug Task Force Dakota Co Drug Task Force Dakota Co Drug Task Force Dakota Co Drug Task Force Dakota Co Drug Task Force Market Fest Market Fest Eagan Fun Runs/Walks Market Fest Holz Farm Lifeguards Lifeguards R55CKR2 LOGIS101 Check # Date 20173558 6/30/2017 Amount Supplier / Explanation PO # 121803 US BANK - AUTOPAY 288.45 FLAGSTUFF-FLAGS 19.85 RUBBER STAMPS.NET 59.91 CUB -MEETING FOOD & BEVERAGE 2.76- HOME DEPOT -RETURN PROGRAM SUPP 14.30 BLICKART-PROGRAM SUPPLIES 10.00 JR'SRECYCLE PROGRAM EQUIPTMENT 68.28 WALMART-PROGRAM SUPPLIES 588.30 MIDWEST SIGN SCREEN CORP 134.90 WALMART-PROGRAM SUPPLIES 97.86 WALMART-PROGRAM SUPPLIES 25.00 MIDWEST SIGN SCREEN CORP 89.75 HOME DEPOT -PROGRAM SUPPLIES 535.40 AWWA-ACE CONFAIRFARE 516.40 GIS CONF AIRFARE 9.99 AMAZON-CHARGERS,CABLES TABLET 135.79 AMAZON-CHARGERS,CABLES TABLET 13.99 AMAZON-CHARGERS,CABLES TABLET 67.48 AMAZON -ON CALL PHONE CASE 58.70 UNIONJACK-SHOVEL ICE MACHINE 2,552.50 NOZZLE FORWARD CLASS (10) 282.81 BRADY WORLDWID-LABEL MAKERTAPE 74.24 POTBELLYDINNER-STAFF-EAGAN CSI 100.00 BWW-BASKETBALL AWARDS 30.00 BWW-CO-REC VOLLEYBALL AWARDS 1.00- TESTING CREDIT CARD City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 18 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 Doc No Inv No 261799 3330 062531 6/5 261798 3330 082712 6/5 261801 3898 057019 5/9 261822 3968 5/9 261828 3968 006114 6/3 261825 3968 017925 5/17 261821 3968 021431 5/8 261826 3968 023406 5/26 261824 3968 028222 5/10 261827 3968 034902 6/1 261831 3968 048270 5/30 261823 3968 064660 5/9 261621 3987 021413 5/8 261622 3987 022470 6/1 261752 3987 063450 5/12 261750 3987 078589 5/11 261751 3987 079628 5/11 261753 3987 085126 5/25 261725 3993 001692 5/23 261702 3993 061957 5/22 261701 3993 081709 5/25 261846 4189 026477 5/10 261694 4239 010045 5/31 261693 4239 044748 5/23 261647 4288 6/5 Account No 6716.6257 6716.6220 6831.6855 3081.6227 3081.6227 3081.6220 3081.6227 3081.6227 3081.6227 3081.6227 3081.6227 3081.6227 6103.6476 6103.6476 6228.6210 6228.6210 6228.6210 6228.6210 1221.6670 1223.6476 1221.6210 1104.6477 3076.6227 3043.6227 6601.6487 Subledger Account Description Continued... Signs & Striping Material Operating Supplies - General Merchandise for Resale Recreation Equipment/Supplies Recreation Equipment/Supplies Operating Supplies - General Recreation Equipment/Supplies Recreation Equipment/Supplies Recreation Equipment/Supplies Recreation Equipment/Supplies Recreation Equipment/Supplies Recreation Equipment/Supplies Conferences/Meetings/Training Conferences/Meetings/Training Office Supplies Office Supplies Office Supplies Office Supplies Other Equipment Conferences/Meetings/Training Office Supplies Local Meeting Expenses Recreation Equipment/Supplies Recreation Equipment/Supplies VISA/MC Bank Charges Business Unit General Administration General Administration Food and Beverage Arts & Humanities Council Arts & Humanities Council Arts & Humanities Council Arts & Humanities Council Arts & Humanities Council Arts & Humanities Council Arts & Humanities Council Arts & Humanities Council Arts & Humanities Council Training & Education Training & Education CMMS - Utilities CMMS - Utilities CMMS - Utilities CMMS - Utilities Administration -Fire Training Fire & EMS Administration -Fire Patrolling/Traffic Adult Basketball -Men Adult Volleyball-Co-Rec General/Administrative-Arena R55CKR2 LOGIS101 Check # Date 20173558 6/30/2017 Amount Supplier / Explanation 121803 US BANK - AUTOPAY 165.00 JEN'S VEND -MOVE VENDING MACHIN City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 19 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No 1.00 REFUND TESTING CREDIT CARD 59.94 NORTHTOOL-TIRESFOR CHAIR CARTS 23.97 NORTHERNTOOL-CHAIR CART STRAPS 33.50- FITNESS EQUIP PARTS RETURNED 31.01 AMAZON -FITNESS EQUIP PARTS 55.44 SPORTSMITH-FITNESS EQUIPMENT 3.75 USPS -POSTAGE 201.46 FULLCIRCLE-FITNESS EQUIP PARTS 67.55 FITNESS EQUIP PARTS 57.37 FITNESS EQUIP PARTS 8.65 USPS -POSTAGE 5.36 FIVE BELOW -BULLETIN BOARD SUPP 32.09 HOBBYLOBBY-BULLETIN BOARD SUPP 11.52- CRYSTAL CHECK-UP, SHOTS REFUND 136.40 RIO GRAN -BOARDING FOR CRYSTAL 400.30 CRYSTAL CHECK-UP, SHOTS 48.20 CHUCK & DON'S -DOG FOOD 31.45- CPR SAVERS -REFUND 240.00 MIKES -BOOTS RAMTHUN-STICHA 204.38 WEAVERTX.COM-BAGS 31.45 FASTENAL-PROTECTIVE EQUIPMENT 31.45 CPR SAVERS- PROTECTIVE GEAR 78.90 FASTENAL-EAR PLUGS -EYE PROTECT 42.66 WALMART-EXPLORER OFFICE SUPP Account No 261807 4288 057859 6629.6535 5/24 261648 4288 063594 6/5 6601.6487 261645 4320 062147 6827.6220 5/10 261646 4320 075031 6827.6220 5/15 261845 4406 6/4 6807.6232 261756 4406 024682 6807.6227 5/26 261723 4406 042387 6807.6227 5/26 261724 4406 047163 6801.6346 5/31 261719 4406 061405 5/9 6807.6232 261722 4406 063136 6807.6232 5/24 261720 4406 073958 6807.6232 5/17 261721 4406 074537 6801.6346 5/22 261632 4406 099188 5/8 6807.6220 261631 4406 099569 5/8 6807.6220 261731 4670 5/30 9695.6226 261730 4670 081989 9695.6226 5/30 261729 4670 087682 9695.6226 5/26 261732 4670 092993 6/5 9695.6226 261669 4785 6/2 1104.6226 261624 4785 000771 6/1 1104.6224 261671 4785 011926 6/2 1104.6226 261670 4785 020198 1104.6226 5/26 261668 4785 077999 1104.6226 5/31 261623 4785 089437 1104.6226 5/25 261625 4835 003027 1104.6226 Subledger Account Description Continued... Other Contractual Services VISA/MC Bank Charges Operating Supplies - General Operating Supplies - General Small Equipment Repair Parts Recreation Equipment/Supplies Recreation Equipment/Supplies Postage Small Equipment Repair Parts Small Equipment Repair Parts Small Equipment Repair Parts Postage Operating Supplies - General Operating Supplies - General Public Safety Supplies Public Safety Supplies Public Safety Supplies Public Safety Supplies Public Safety Supplies Clothing/Personal Equipment Public Safety Supplies Public Safety Supplies Public Safety Supplies Public Safety Supplies Public Safety Supplies Business Unit Vending General/Administrative-Arena Building Maintenance Building Maintenance Fitness Center Fitness Center Fitness Center General & Administrative Fitness Center Fitness Center Fitness Center General & Administrative Fitness Center Fitness Center Dakota Co Drug Task Force Dakota Co Drug Task Force Dakota Co Drug Task Force Dakota Co Drug Task Force Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic R55CKR2 LOGIS101 Check # Date 20173558 6/30/2017 Amount Supplier / Explanation 121803 US BANK - AUTOPAY City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 20 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No 8.20- HOME DEPOT -RANGE EQUIP/TOOLS 176.76 AMAZON -BIO CYCLE MAINTENANCE 380.94 BROWNELLS-RANGE EQUIP/TOOLS 57.35 LE TARGETS -RANGE EQUIP/TOOLS 106.02 HOME DEPOT -RANGE EQUIP/TOOLS 282.36 HOME DEPOT -RANGE EQUIP/TOOLS 112.38 HOME DEPOT -RANGE EQUIP/TOOLS 28.33 FLEET FARM -ARMORER EQUIPMENT 108.70 HOME DEPOT -RANGE EQUIP/TOOLS 9.58 WALMART-RANGE EQUIP/TOOLS 76.48 HOME DEPOT -RANGE EQUIP/TOOLS 176.76 AMAZON -BIO CYCLE MAINTENANCE 35.33 SAVOY PIZZA 110.00 THE BUSINESS JOURNALS 50.90 EGNER,HARRELL, BURSTEIN LUNCH 150.00 3 OFC'S CRISIS NEGOT TRAINING 56.11 WEGNER,HARRELL, BURSTEIN LUNCH 57.68 EGNER,HARRELL, BURSTEIN LUNCH 148.57 HONOR GUARD 8 OFC, LUNCH 659.89 CABELA'SSWAT UNIFORM EQUIPMENT 69.12 TOPPERS PIZZA -TRAINING EXPENSE 148.03 TOPPERS PIZZA -TRAINING EXPENSE 5/20 261762 4868 5/16 261769 4868 004545 5/24 261766 4868 017360 5/17 261768 4868 019975 5/19 261771 4868 035567 6/1 261761 4868 036258 5/13 261767 4868 042797 5/18 261760 4868 044819 5/12 261765 4868 049124 5/17 261764 4868 056329 5/17 261763 4868 065368 5/16 261770 4868 091066 5/25 261635 4872 030685 5/23 261636 4872 067393 5/25 261842 4884 045620 5/10 261839 4884 050443 5/8 261840 4884 052597 5/8 261841 4884 060072 5/9 261843 4926 012976 5/15 261844 4926 034562 5/27 261672 4959 023773 5/11 261703 4959 079499 Account No 1104.6228 1104.6569 1104.6228 1104.6228 1104.6226 1104.6228 1104.6228 1104.6228 1104.6228 1104.6228 1104.6228 1104.6569 0720.6477 0720.6479 1104.6476 1104.6476 1104.6476 1104.6476 1104.6477 1104.6224 1104.6476 1104.6476 Subledger Account Description Continued... Ammunition Maintenance Contracts Ammunition Ammunition Public Safety Supplies Ammunition Ammunition Ammunition Ammunition Ammunition Ammunition Maintenance Contracts Local Meeting Expenses Dues and Subscriptions Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Local Meeting Expenses Clothing/Personal Equipment Conferences/Meetings/Training Conferences/Meetings/Training Business Unit Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic General Admin -Planning & Zonin General Admin -Planning & Zonin Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation 20173558 6/30/2017 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 21 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 121803 US BANK - AUTOPAY Continued... 5/25 128.58 AMAZON -K9 BATTERIES 261705 4975 021987 1104.6220 Operating Supplies - General Patrolling/Traffic 5/18 177.60 AMAZON -MEDICAL SUPPLIES 261707 4975 038725 1104.6220 Operating Supplies - General Patrolling/Traffic 5/27 56.70 AMAZON -PATROL PHONE HOLSTERS 261706 4975 090033 1104.6238 Communication System Parts Patrolling/Traffic 5/25 163.87 AMAZON -BATTERIES AT RANGE 261704 4975 095586 1104.6228 Ammunition Patrolling/Traffic 5/17 9.00 GFOA-TRANSPORTATION 261836 4991 005710 0501.6476 Conferences/Meetings/Training General &Admn-Finance 5/20 8.05 GFOA- BREAKFAST 261652 4991 011056 0501.6476 Conferences/Meetings/Training General & Admn-Finance 5/22 849.16 GFOA - HOTEL 261656 4991 012404 0501.6476 Conferences/Meetings/Training General & Admn-Finance 5/25 6.27 GFOA- LUNCH 261654 4991 014072 0501.6476 Conferences/Meetings/Training General & Admn-Finance 5/23 522.00 GFOA TRAINING - JOE G 261657 4991 018889 0501.6476 Conferences/Meetings/Training General & Admn-Finance 5/30 7.45 GFOA- LUNCH 261835 4991 029281 0501.6476 Conferences/Meetings/Training General & Admn-Finance 5/20 20.28 GFOA-BREAKFAST 261655 4991 038630 0501.6476 Conferences/Meetings/Training General & Admn-Finance 5/23 7.52 GFOA- BREAKFAST 261837 4991 046823 0501.6476 Conferences/Meetings/Training General & Admn-Finance 5/21 4.16 GFOA - LUNCH 261653 4991 050054 0501.6476 Conferences/Meetings/Training General & Admn-Finance 5/22 24.46 GFOA- DINNER 261700 4991 051394 0501.6476 Conferences/Meetings/Training General & Admn-Finance 5/24 12.00 GFOA-DINNER 261658 4991 054152 0501.6476 Conferences/Meetings/Training General & Admn-Finance 5/21 3.73 GFOA- COFFEE 261651 4991 055532 0501.6476 Conferences/Meetings/Training General & Admn-Finance 5/21 17.81 GFOA- BREAKFAST ITEMS 261838 4991 070224 0501.6476 Conferences/Meetings/Training General &Admn-Finance 5/21 3.98 GFOA- BREAKFAST ITEMS 261699 4991 092991 0501.6476 Conferences/Meetings/Training General & Admn-Finance 5/24 89.00 VOGILISTICS-MONTYLY FEE 261643 5412 002047 3001.6475 Miscellaneous General/Admn-Recreation 5/21 R55CKR2 LOGIS101 Check # Date 20173558 6/30/2017 Amount Supplier / Explanation 121803 US BANK - AUTOPAY 4.27 HOBBY LOBBY - FRAME 28.47 OFFICE MAX/OFFICE DEPOT City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 22 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No 135.00 QNR SALES -ROPE 20.05 GRILLE DISTRICT-BKFST 25.00 STI INC. 84.79 FBI NATLACADEMY-UNIFORM PANTS 23.25 7 ELEVEN -FUEL 60.00 DELTA -BAGGAGE LEEDS TRNG 231.91 HERTZ 3.98 RECEIPT217843 COFFEEREIMBURSED 3.17 BREAKFAST LEEDS TRNG 27.25 NYA JOES-DINNER LEEDS TRNG 7.41 MCDONALDS-LUNCH X1 -- 3.17 BREAKFAST LEEDS TRNG 37.09 GOTPRINT-MARKETING MATERIALS 45.32 GOT PRINT -MARKETING MATERIALS 117.68 GOT PRINT -MARKETING MATERIALS 315.00 ANNUAL STAFF SCHEDULING SOFTWA 3.00- MEETING EXPENSE 6.96 HOME DEPOT-MISC SUPPLIES 42.84 HOMEDEPOT-MATERIALSPOLICE TRNG Account No 261637 5412 012290 5/9 3027.6227 261644 5412 021130 3001.6220 5/22 261681 5486 031253 3103.6220 5/10 261792 5528 000569 1101.6476 5/19 261795 5528 002579 1105.6457 5/26 261788 5528 028584 1104.6224 5/16 261793 5528 053564 1104.6235 5/19 261850 5528 060900 1101.6476 5/14 261794 5528 072385 1101.6476 5/19 261796 5528 080613 1101.6476 5/19 261789 5528 085635 1101.6476 5/17 261790 5528 092951 1101.6476 5/17 261787 5528 094366 1101.6476 5/14 261791 5528 099143 1101.6476 5/18 261650 5688 005243 6825.6357 5/26 261848 5688 073306 6825.6357 5/26 261847 5688 076340 6825.6357 5/18 261649 5688 084807 6801.6270 5/26 261682 5796 5/11 3170.6477 261629 6348 016074 1228.6220 5/15 261628 6348 080603 1228.6220 Subledger Account Description Business Unit Continued... Recreation Equipment/Supplies Operating Supplies - General Holz Farm Genera l/Ad mn-Recreation Operating Supplies - General Site Amenity Maintenance Conferences/Meetings/Training General/Admn-Police Machinery & Equipment -Rental Investigation/Crime Prevention Clothing/Personal Equipment Patrolling/Traffic Fuel, Lubricants, Additives Patrolling/Traffic Conferences/Meetings/Training General/Admn-Police Conferences/Meetings/Training General/Admn-Police Conferences/Meetings/Training General/Admn-Police Conferences/Meetings/Training General/Admn-Police Conferences/Meetings/Training General/Admn-Police Conferences/Meetings/Training General/Admn-Police Conferences/Meetings/Training General/Admn-Police Advertising/Publication Marketing Advertising/Publication Marketing Advertising/Publication Marketing Computer Software General & Administrative Local Meeting Expenses General Admin -Parks Operating Supplies - General Inspection and Prevention Operating Supplies - General Inspection and Prevention R55CKR2 LOGIS101 Check # Date 20173558 6/30/2017 Amount Supplier / Explanation City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 23 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No 121803 US BANK - AUTOPAY 119.90 KWIK TRIP -FUEL FOR E-20 10.98 HOMEDEPOT- SUPPLIES TRAINING 48.64 HOMEDEPOT-MATERIALSPOLICE TRNG 14.05 CHANNING BETE -EDUC MATERIALS 49.99 SIERRA TRDNG-WATERPROOF JACKET 1,598.00 PWX REG- MATTHYS & GORDER 114.39 HOME DEPOT -OPERATING SUPPLIES 22.86 WALMART-OFFICE SUPPLIES 31.86 AMAZON -OPERATING SUPPLIES 12.87 TARGET -OPERATING SUPPLIES 50.12 WALMART-OFFICE SUPPLIES 50.28 WALMART-STAFF SUPPLIES 44.91 WALMART-SAND PLAY TOYS 222.48 SMARTSIGN-INTERIOR SIGNS 57.09 FUN EXPRESS 111.85 ALWAYSUNDERPAY.COM 108.64 DISCOUNT SCHOOL SUPPLY 18.39 HOLIDAY -WATER FOR EHS GRAD. 490.00 MACTA-ONGSTAD/GARRISON 81.38 WALMART-BATTERIES AND MISC. 10.99 AMAZON PRIME MEMBERSHIP 32.28 HY-VEE-XTREME BBQ 247.62 PLASTIC PRINTER-MEMBRSHP CARDS 247.63 PLASTIC PRINTER-MEMBRSHP CARDS 5/15 261626 6348 085895 5/31 261630 6348 096152 5/18 261627 6348 099184 5/9 261642 6565 000804 5/11 261641 6565 020020 5/9 261659 6565 096904 5/18 261782 6884 006609 5/31 261781 6884 009608 5/19 261784 6884 020524 6/2 261783 6884 030747 6/2 261780 6884 057433 5/17 261780 6884 057433 5/17 261786 6884 073619 5/31 261772 7643 046236 6/5 261697 7790 014829 5/24 261695 7790 092159 5/8 261696 7790 093966 5/9 261802 8564 033991 6/3 261817 8564 065745 6/1 261816 8564 066754 5/30 261815 8564 095073 5/15 261698 8588 021104 5/10 261849 8676 025055 5/16 261849 8676 025055 Account No 1224.6235 1228.6220 1228.6220 6538.6215 6501.6224 2010.6476 6720.6220 6716.6210 6713.6220 6713.6220 6716.6210 6717.6220 6716.6220 9355.6718 3057.6227 3066.6227 3057.6227 9701.6477 9701.6476 9701.6220 9701.6220 3075.6227 6701.6220 6801.6220 Subledger Account Description Continued... Fuel, Lubricants, Additives Operating Supplies - General Operating Supplies - General Reference Materials Clothing/Personal Equipment Conferences/Meetings/Training Operating Supplies - General Office Supplies Operating Supplies - General Operating Supplies - General Office Supplies Operating Supplies - General Operating Supplies - General Project - Other Charges Recreation Equipment/Supplies Recreation Equipment/Supplies Recreation Equipment/Supplies Local Meeting Expenses Conferences/Meetings/Training Operating Supplies - General Operating Supplies - General Recreation Equipment/Supplies Operating Supplies - General Operating Supplies - General Business Unit Engineer Inspection and Prevention Inspection and Prevention Pub Information/Education G/A - Water Quality General Engineering Pool Attendant General Administration Concessions Concessions General Administration Lifeguards General Administration MAINTENANCE FACILITY EXPANSION Preschool Programs Dance/Movement Preschool Programs PEG -eligible PEG -eligible PEG -eligible PEG -eligible CDBG - Teens Season Pass General & Administrative R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation 20173558 6/30/2017 20174213 6/30/2017 20175636 6/30/2017 20175637 6/30/2017 20176008 6/30/2017 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 24 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 121803 US BANK - AUTOPAY Continued... 5/16 261757 9382 009677 5/8 1001.6318 Medical Services - Physical Ex General/Admn-Human Resources 261747 9382 014700 1001.6476 Conferences/Meetings/Training General/Admn-Human Resources 5/26 261746 9382 024811 1001.6476 Conferences/Meetings/Training General/Admn-Human Resources 5/26 261745 9382 025627 1001.6477 Local Meeting Expenses General/Admn-Human Resources 5/15 261744 9382 041496 1001.6353 Personal Auto/Parking General/Admn-Human Resources 5/17 261741 9382 052483 1001.6353 Personal Auto/Parking General/Admn-Human Resources 5/16 261759 9382 055218 9592.6310 Professional Services -General Benefit Accrual 5/30 261742 9382 056694 1001.6353 Personal Auto/Parking General/Admn-Human Resources 5/16 261758 9382 090459 6/5 1001.6477 Local Meeting Expenses General/Admn-Human Resources 261743 9382 090573 1001.6353 Personal Auto/Parking General/Admn-Human Resources 5/17 261748 9382 098800 1001.6476 Conferences/Meetings/Training General/Admn-Human Resources 254.37 FIRST SOURCE -HR -DRUG SCREEN 397.00 PETERSON -MN SHRM CONF 397.00 PEIFER-MN SHRM CONF 69.97 PANERA-NEW HIRE MEETING LUNCH 11.00 SAFETY CONFERENCE PARKING 17.00 SAFETY CONFERENCE PARKING 93.59 CUB FOODS -WELLNESS EVENT SUPPL 17.00 SAFETY CONFERENCE PARKING 87.36 PANERA-NEW INTERN BREAKFAST 9.00 SAFETY CONFERENCE PARKING 397.00 MARTIN -MN SHRM CONFERENCE 546.45 RIO GRAN -BOARDING FOR MARLEY 32,742.24 100892 ICMA RETIREMENT TRUST 47,821.38 EMPLOYEE CONTRIBUTIONS 47, 821.38 147907 SELECT ACCOUNT 88,327.37 DEPOSIT FOR 3RD QTR VEBA 88,327.37 147907 SELECT ACCOUNT 1,266.39 FLEX REIMBURSEMENT 1,266.39 100901 MN DEPT OF REVENUE 13,935.00 SALES TAX-ACCLRTD JUN 17 5/26 261728 9597 015795 9695.6226 5/10 262053 062917 262054 062817 262055 062917 262056 SALES TAX - ACCLRTD JUN17 9592.2031 9592.6159 9592.2215 9223.2270 Public Safety Supplies Dakota Co Drug Task Force Ded Pay - ICMA VEBA Flex Plan Withholding Payable Sales Tax Payable Benefit Accrual Benefit Accrual Benefit Accrual Central Park/Community Center R55CKR2 LOGIS101 Check # Date 20176008 6/30/2017 20178013 6/30/2017 Amount Supplier / Explanation PO # 100901 MN DEPT OF REVENUE 13,935.00 76.96 37,264.26 48,888.65 64,965.08 151,194.95 100694 PUBLIC EMPLOYEE RETIREMENT PAYROLL PER 6/11/17-6/24/17 PAYROLL PER 6/11/17-6/24/17 PAYROLL PER 6/11/17-6/24/17 PAYROLL PER 6/11/17-6/24/17 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Page - 25 Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 Doc No Inv No 262057 434600-063017 262057 434600-063017 262057 434600-063017 262057 434600-063017 Account No 9592.6146 9592.6142 9592.6143 9592.2013 Subledger Account Description Continued... PERA -DCP PERA - Coordinated PERA- Police Ded Payable - PERA Business Unit Benefit Accrual Benefit Accrual Benefit Accrual Benefit Accrual R55CKR2 LOGIS101 Check # Date 20170152 6/30/2017 20170153 6/30/2017 20170154 6/30/2017 20170155 6/30/2017 Amount Supplier / Explanation 100249 FIT 145,167.22 PAYROLL ENDING 6/24/17 145,167.22 City of Eagan 6/29/2017 17:22:14 Council Check Register by GL Council Check Register by Invoice & Summary 6/26/2017 -- 6/30/2017 PO # Doc No Inv No Account No 262059 063017 9880.2011 100250 COMMISIONER OF REVENUE -PAYROLL 37,538.11 PAYROLL ENDING 6/24/17 262060 063017 37,538.11 100252 FICA 38,839.79 PAYROLL ENDING 6/24/17 38,839.79 100253 MEDICARE 13,402.60 PAYROLL ENDING 6/24/17 13,402.60 9880.2012 262061 063017 9880.2014 262062 063017 9880.2015 Page - 26 Subledger Account Description Business Unit 1,769,425.72 Grand Total Payment Instrument Totals Checks EFT Payments Total Payments Ded Payable - FIT Ded Payable - SIT Ded Payable - FICA Ded Payable - Medicare 1,736, 683.48 32,742.24 1,769,425.72 Payroll Payroll Payroll Payroll R55CKS2 LOGIS100 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Company 09001 GENERAL FUND 09116 CEDAR GROVE PARKING GARAGE 09197 ETV 09220 PUBLIC UTILITIES 09221 CIVIC ARENA 09222 CASCADE BAY 09223 CENTRAL PARK /COMMUNITY CENTER 09225 FIBER INFRASTRUCTURE FUND 09328 PARK SYS DEV AND R&R 09334 CEDARVALE/HWY 13 TIF 09335 EQUIPMENT REVOLVING 09351 OLD TOWN HALL REPLACMT PROJECT 09354 FIRE STATION 1 09355 MAINTENANCE FACILITY EXPANSION 09372 REVOLVING SAF -CONSTRUCTION 09591 RISK MANAGEMENT 09592 BENEFIT ACCRUAL 09695 DAK CO DRUG TASK FORCE 09880 PAYROLL Amount 758,531.80 36.40 10,634.71 95,332.33 10,349.59 70,724.29 51, 735.79 3,814.16 2,636.06 2,088.11 6,243.00 1,278.25 1,040.63 925.48 733.67 4,474.58 511,693.06 2,206.09 234,947.72 Report Totals 1,769,425.72 City of Eagan 6/29/2017 17:22:18 Council Check Summary Page - 1 6/26/2017 - 6/30/2017 R55CKR2 LOGIS101 Check# Date 192087 7/7/2017 192088 7/7/2017 192089 7/7/2017 192090 '717/2017 141 City of Eagan Council Check Register by GL Council Check Register by Invoice & Summary 7/3/2017 - 7/7/2017 7/6/2017 16:27:44 Page - 1 Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 110208 ABLE HOSE & RUBBER, INC. 807.62 HYDRANT METERS 262240 203206-001 6161.6260 Utility System Parts/Supplies Meter Replacement 807.62 142634 ADVANTAGE SIGNS & GRAPHICS INC. 77.75 STREET SIGN -OLD SIBLEY HWY 262072 00031041 2242.6257 Signs & Striping Material Signs -Installation & Mtn 77.75 146368 ALLEGRA 112.00 BUSINESS CARDS 262268 41638 1107.6211 Office Printed Material/Forms Support Services 112.00 150476 ALLSTREAM 3.37 262243 14728136 1221.6347 Telephone Service & Line Charg Administration -Fire 5.48 262243 14728136 2460.6347 Telephone Service & Line Charg Building And Grounds 11.80 262243 14728136 0501.6347 Telephone Service & Line Charg General &Admn-Finance 13.91 262243 14728136 1108.6347 Telephone Service & Line Charg Communications 39.45 262243 14728136 0301.6352 Telephone Circuits IT -Gen &Admn 39.45 262243 14728136 0301.6352 Telephone Circuits IT -Gen &Admn 39.45 262243 14728136 0301.6352 Telephone Circuits IT -Gen &Admn 39.45 262243 14728136 0301.6352 Telephone Circuits IT -Gen &Admn 39.46 262243 14728136 0301.6352 Telephone Circuits IT -Gen &Admn 39.46 262243 14728136 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 262243 14728136 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 262243 14728136 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 262243 14728136 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 262243 14728136 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 262243 14728136 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 262243 14728136 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 262243 14728136 3304.6347 Telephone Service & Line Charg Bldg/Facilities Maintenance 39.46 262243 14728136 0301.6352 Telephone Circuits IT -Gen &Admn 39.46 262243 14728136 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 262243 14728136 0301.6352 Telephone Circuits IT -Gen &Admn 39.46 262243 14728136 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 262243 14728136 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 262243 14728136 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 262243 14728136 0301.6352 Telephone Circuits IT -Gen &Admn 39.47 262243 14728136 0301.6352 Telephone Circuits IT -Gen & Admn 42.03 262243 14728136 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 42.15 262243 14728136 0301.6352 Telephone Circuits IT -Gen & Admn 42.15 262243 14728136 1108.6347 Telephone Service & Line Charg Communications R55CKR2 LOGIS101 City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 2 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 192090 7/7/2017 150476 ALLSTREAM Continued... 42.15 262243 14728136 1105.6457 Machinery & Equipment -Rental Investigation/Crime Prevention 42.15 262243 14728136 0301.6352 Telephone Circuits IT -Gen &Admn 42.15 262243 14728136 0301.6352 Telephone Circuits IT -Gen &Admn 51.44 262243 14728136 1221.6347 Telephone Service & Line Charg Administration -Fire 52.58 262243 14728136 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 83.59 262243 14728136 2460.6347 Telephone Service & Line Charg Building And Grounds 180.03 262243 14728136 0501.6347 Telephone Service & Line Charg General &Admn-Finance 212.18 262243 14728136 1108.6347 Telephone Service & Line Charg Communications 43.85 262243 14728136 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.85 262243 14728136 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.85 262243 14728136 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.86 262243 14728136 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.86 262243 14728136 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.86 262243 14728136 9116.6352 Telephone Circuits Cedar Grove Parking Garage 1.26 262243 14728136 6101.6347 Telephone Service & Line Charg Water -Administration 19.29 262243 14728136 6101.6347 Telephone Service & Line Charg Water -Administration 39.44 262243 14728136 6154.6347 Telephone Service & Line Charg South Plant Building 39.45 262243 14728136 6154.6347 Telephone Service & Line Charg South Plant Building 39.45 262243 14728136 6154.6347 Telephone Service & Line Charg South Plant Building 39.45 262243 14728136 6146.6347 Telephone Service & Line Charg North Plant Building 39.45 262243 14728136 6146.6347 Telephone Service & Line Charg North Plant Building 39.45 262243 14728136 6146.6347 Telephone Service & Line Charg North Plant Building 39.45 262243 14728136 6146.6347 Telephone Service & Line Charg North Plant Building 39.46 262243 14728136 6239.6347 Telephone Service & Line Charg Lift Station Maintenanc/Repair 39.46 262243 14728136 6239.6347 Telephone Service & Line Charg Lift Station Maintenanc/Repair 39.47 262243 14728136 6146.6347 Telephone Service & Line Charg North Plant Building 1.69 262243 14728136 6601.6347 Telephone Service & Line Charg General/Administrative-Arena 25.72 262243 14728136 6601.6347 Telephone Service & Line Charg General/Administrative-Arena 1.69 262243 14728136 6716.6347 Telephone Service & Line Charg General Administration 25.72 262243 14728136 6716.6347 Telephone Service & Line Charg General Administration 2.95 262243 14728136 6801.6347 Telephone Service & Line Charg General &Administrative 45.01 262243 14728136 6801.6347 Telephone Service & Line Charg General &Administrative 192091 7/7/2017 2,476.78 2,320.27 242.00 200.33 2,762.60 144673 ARCADE ELECTRIC FAN SHUT DOWN PER FIRE MARSHAL OUTDOOR LIGHTING BALLAST REPAIR 262073 8838 262069 8859 262068 8867 3313.6535 Other Contractual Services 6827.6535 Other Contractual Services 3315.6535 Other Contractual Services Fire Buildings Building Maintenance City Hall R55CKR2 LOGIS101 Check # Date 192092 7/7/2017 192093 7/7/2017 192094 7/7/2017 192095 7/7/2017 192096 7/7/2017 192097 7/7/2017 192098 7/7/2017 192099 7/7/2017 Amount Supplier / Explanation 101609 ASPEN WASTE 380.54 ECC WASTE 57.76 FS 1 WASTE 438.30 102400 ATHLETICA, INC. 401.00 GLASS CLEANER MACHINE 401.00 PO # 115432 AUDIOVISUAL, INC. 662.00 10 BIT UP DOWN CROSS CONVERTER 662.00 66.00 426.00 3,552.00 4,044.00 142024 BASER & PL UMPIRES WOMEN'S SOFTBALL UMPIRES CO-REC SOFTBALL UMPIRES MEN'S SOFTBALL UMPIRES 100397 BATTERIES PLUS 23.60 ISCO BATTERIES 39.98 SUPPLIES FOR SAFETY CAMP 63.58 150459 BERTHIAUME, DAVID 100.00 WASHER REBATE PROGRAM 100.00 1,152.30 23,777.50 1,677.50 26,607.30 148777 BLACK & VEATCH CORPORATION WATER MASTER PLAN STORM MASTER PLANNING SANITARY MASTER PLANNING 143561 BLUE TARP FINANCIAL 87.96 EQUIP PARTS 87.96 192100 7/7/2017 116893 BOEDING, BEN 128.45 UNIFORMS -3 SHIRTS 128.45 City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 3 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 Doc No Inv No Account No 262212 S1321957-070117 6827.6539 262213 S1366341-070117 3313.6539 262071 406654 262283 88486663 262074 063017 262074 063017 262074 063017 262063 26-314105 262070 26-314831 262067 2016 ESWR 168 262064 1249020 262066 1249029 262065 1249077 262082 0031118215 262086 061417 6602.6240 9701.6640 3049.6327 3050.6327 3048.6327 6244.6260 1228.6226 9376.6860 6113.6310 6406.6310 6206.6310 3127.6231 Subledger Account Description C1121 C1126 C1122 Continued... Waste Removal/Sanitation Servi Waste Removal/Sanitation Servi Small Tools Machinery/Equipment Sporting Event Officials Sporting Event Officials Sporting Event Officials Utility System Parts/Supplies Public Safety Supplies Contributions/Cost Sharing Pay Professional Services -General Professional Services -General Professional Services -General Mobile Equipment Repair Parts Business Unit Building Maintenance Fire Buildings Equipment Repair & Maint. PEG -eligible Adult Softball -Women Adult Softball-Co-Rec Adult Softball -Men Sewer System Meterng/Monitorng Inspection and Prevention Combined Utility Trunk Fund Preparation/ Research/ Writing Preparation/ Research/ Writing Preparation/ Research/ Writing Equipment Maintenance/Repair 3170.2115 Clothing Allowance General Admin -Parks R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation 192100 7/7/2017 192101 7/7/2017 City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 4 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 116893 BOEDING, BEN Continued... 131767 BOLTON & MENK INC. 1,887.50 CARLSON LK STORM - ENG 262080 0204154 6439.6630 P1249 Other Improvements Lift Station Maintenanc/Repair 7,752.50 COUNTRY HOLLOW - ENG 262078 0204155 6239.6630 P1120 Other Improvements Lift Station Maintenanc/Repair 4,671.00 APOLLO LS IMPROVEMENT 262079 0204156 6439.6630 P1253 Other Improvements Lift Station Maintenanc/Repair 14,311.00 192102 7/7/2017 144122 BRAND FARMS 7.00 MARKETFEST 6/28/17 192103 7/7/2017 7.00 100024 BRAUN INTERTEC 2,583.00 CARLSON LK STORM - ENG 2,603.80 APOLLO LS IMPROVEMENT 5,186.80 192104 7/7/2017 142846 CENTURYLINK 192105 7/7/2017 192106 7/7/2017 192107 7/7/2017 183.49 ART HOUSE 183.49 150460 CHRISTENSEN, CHARLENE 31.70 SUPPLIES 31.70 262077 062817 3061.6220 PR003 Operating Supplies - General Market Fest 262075 B094938 262075 B094938 6439.6630 6439.6630 262244 651686-9134742- 3106.6347 JUL17 262267 061917 3057.6227 143057 COLUMBIA PIPE AND SUPPLY CO. 416.26 METER CART 262084 2409485 416.26 142286 COMCAST 283.51 6/29/17-7/28/17 283.51 6161.6260 262081 877210508043374 6801.6347 7-061917 192108 7/7/2017 102464 COPY -RIGHT PRINTING & GRAPHICS 102.92 DOG LICENSE FORMS 262253 75665 102.92 192109 7/7/2017 104675 CUSTOM HOSE TECH, INC. 86.66 PAINTING COMPRESSOR P1249 Other Improvements P1253 Other Improvements Lift Station Maintenanc/Repair Lift Station Maintenanc/Repair Telephone Service & Line Charg Structure Care & Maintenance Recreation Equipment/Supplies Preschool Programs Utility System Parts/Supplies Meter Replacement Telephone Service & Line Charg General & Administrative 1110.6211 Office Printed Material/Forms Animal Control 262083 88183 6144.6232 Small Equipment Repair Parts Hydrant Maintenance/Repair R55CKR2 LOGIS101 Check # Date 192109 7/7/2017 192110 7/7/2017 192111 7/7/2017 192112 7/7/2017 192113 7/7/2017 192114 7/7/2017 192115 7/7/2017 Amount Supplier / Explanation PO # 104675 CUSTOM HOSE TECH, INC. 86.66 127021 D & S CEMENT CO INC. 3,591.00 CLAIM CP 30599 3,591.00 133088 D&D INSTRUMENTS INC. 277.00 RO 484 UNIT 1120 277.00 49.54 31.50 124.54 20.99 588.90 4,001.75 14.00 44.31 112.65 44.08 208.72 14.11 19.60 14.00 5,288.69 100050 DAKOTA ELECTRIC CARNELIAN LANE HOCKEY RINK PILOT KNOB PARK BERRY RIDGE STORM PILOT KNOB WELL SITE RINK HIGHLINE TRAIL STORM WELL #19 HEINE CT AERATOR 31/WESCOTT SIGNALS 1275 TOWERVIEW RD CEDAR GROVE SIGNALS CEDARVALE BLVD LIGHTS DENMARK AVE #SIGN CHLOE LANE LIFTSTATION RIDGE CLIFF PARK 100447 DALCO 2,313.71 CUSTODIAL SUPPLIES 1,715.80 CUSTODIAL SUPPLIES 4,029.51 148709 DECKER, ABIGAIL N 39.44 POSTAGE FOR LEASES 39.44 38.75 2,676.00 38.75 100056 DEPUTY REGISTRAR 162 VIN 2172 REGISTRATION VIN 2172 SALES TAX VIN 3836 REGISTRATION City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 5 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 Doc No Inv No 262085 17-027 262076 336576 Account No 9591.6386 9001.1415 262087 128582-4-JUN17 3106.6405 262089 177545-1-JUN17 3106.6405 262090 189767-7-JUN17 6439.6408 262091 200813-4-JUN17 3106.6405 262092 201116 -1 -JUN 17 6439.6408 262093 203725-7-JUN17 6154.6409 262094 203785-1-JUN17 6520.6405 262095 214661-1-JUN17 6301.6407 262096 321533-2-JUN17 3106.6405 262097 333642-7-JUN17 6301.6407 262098 346992-1-JUN17 6301.6406 262099 405764-2-JUN17 6301.6407 262100 472429-0-JUN17 6239.6405 262088 701337-3-JUN17 3106.6405 262276 3189261 262277 3189263 262105 062217 262106 2172-050717 262106 2172-050717 262107 3836-062617 6827.6223 3304.6223 6101.6346 3124.6480 3531.6680 1104.6480 Subledger Account Description Continued... Insurance Deductible Inventory - Parts Electricity Electricity Electricity -Lift Stations Electricity Electricity -Lift Stations Electricity-Wells/Booster Stat Electricity Electricity -Signal Lights Electricity Electricity -Signal Lights Electricity -Street Lights Electricity -Signal Lights Electricity Electricity Building/Cleaning Supplies Building/Cleaning Supplies Postage Licenses, Permits and Taxes Mobile Equipment Licenses, Permits and Taxes Business Unit Risk Management General Fund Structure Care & Maintenance Structure Care & Maintenance Lift Station Maintenanc/Repair Structure Care & Maintenance Lift Station Maintenanc/Repair South Plant Building Basin Mgmt-Aeration Street Lighting Structure Care & Maintenance Street Lighting Street Lighting Street Lighting Lift Station Maintenanc/Repair Structure Care & Maintenance Building Maintenance Bldg/Facilities Maintenance Water -Administration Court Maintenance/Set-up Equip Rev Fd -Dept 31 Patrolling/Traffic R55CKR2 LOGIS101 Check # Date 192115 7/7/2017 192116 7/7/2017 192117 7/7/2017 192118 7/7/2017 192119 7/7/2017 192120 7/7/2017 192121 7/7/2017 192122 7/7/2017 192123 7/7/2017 192124 7/7/2017 Amount Supplier / Explanation 100056 DEPUTY REGISTRAR 162 38.75 VIN 3838 REGISTRATION City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 6 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 PO # Doc No Inv No 2,792.25 141848 DH ATHLETICS LLC 368.26 BALLFIELD SUPPLY 368.26 101693 DICK'S SANITATION SERVICE INC. 174.65 ECC COMPOST 174.65 104608 DUO -SAFETY LADDER CORP 111.76 SUPPLIES FOR GROUND LADDERS 111.76 137998 DWYER, GINA 74.80 REIMB TONER CARTRIDGE 74.80 1,175.00 62.85 45.00 230.05 1,512.90 100387 EAGAN GENERAL REPAIR STP POLY SYSTEM SS FRAME STP POLY SYSTEM CHEM PUMP EQUIP LABOR STP POLY SYSTEM TANK 100060 ECM PUBLISHERS INC 208.50 WEEKLY MARKET FEST AD 208.50 262102 3838-062617 262103 17084 262211 DT0001833756 262101 460207-00 262104 062017 262109 26346 262110 26347 262123 26359 262111 26360 262121 505875 101006 EMERGENCY AUTO TECHNOLOGIES 246.65 SQUAD REPAIR PARTS 262122 DL062117-23 246.65 111488 FASTFRAME 293.76 NELSON RET. SUPPLIES 293.76 122976 FIRE SAFETY USA INC. 79.95 FLASHLIGHT FOR GEAR 262271 29636 262118 100966 Account No 1104.6480 3118.6220 6827.6539 1225.6230 0501.6220 6155.6427 6155.6427 3128.6426 6155.6427 3061.6357 1104.6232 1101.6210 1225.6240 Subledger Account Description Continued... Licenses, Permits and Taxes Operating Supplies - General Waste Removal/Sanitation Servi Repair/Maintenance Supplies -Ge Operating Supplies - General Building Operations/Repair-Lab Building Operations/Repair-Lab Small Equipment Repair -Labor Building Operations/Repair-Lab Advertising/Publication Small Equipment Repair Parts Office Supplies Small Tools Business Unit Patrolling/Traffic Athletic Field Mtn/Setup Building Maintenance Fire / EMS Equipment General & Admn-Finance South Plant Production South Plant Production Vehicle Maintenance South Plant Production Market Fest Patrolling/Traffic General/Admn-Police Fire / EMS Equipment R55CKR2 LOGIS101 Check # Date 192124 7/7/2017 192125 7/7/2017 192126 7/7/2017 Amount Supplier / Explanation 122976 FIRE SAFETY USA INC. 723.30 E-20 REPAIRS 803.25 102640 FITZCO INC. 216.05 EVIDENCE ROOM SUPPLIES 216.05 143971 FLEETPRIDE 1,720.86 RO 491 UNIT 1217 313.03 RO 491 UNIT 1217 2,033.89 City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 7 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 PO # Doc No Inv No 192127 7/7/2017 102588 FLEXIBLE PIPE TOOL COMPANY 192128 7/7/2017 770.15 NOZZLE REBUILD 770.15 Account No 262119 101438 1224.6425 Subledger Account Description Business Unit Continued... Mobile Equipment Repair Labor Engineer 262113 55040 1107.6220 Operating Supplies - General Support Services 262116 85541583 262117 85587478 9001.1415 9001.1415 262278 21245 6232.6426 Inventory - Parts Inventory - Parts General Fund General Fund Small Equipment Repair -Labor Equipment Maintenance/Repair 100071 G & K SERVICES 18.00 ECC RUGS 262115 6182535046 6827.6569 Maintenance Contracts Building Maintenance 20.90 FD RUGS 262114 6182535047 3313.6569 Maintenance Contracts Fire Buildings 147.84 MT SHOP TOWELS 262235 6182546110 2401.6241 Shop Materials Gen/Adm-Central Services 53.42 MAINTENANCE RUGS 262237 6182546111 3314.6569 Maintenance Contracts Central Maintenance 29.56 CH RUGS 262238 6182546113 3315.6569 Maintenance Contracts City Hall 32.52 PD RUGS 262236 6182546114 3316.6569 Maintenance Contracts Police 302.24 192129 7/7/2017 100529 GASTFIELD MAINTENANCE PLUS, BOB 781.16 FD CUSTODIAL -JUNE 2017 262214 063017 192130 7/7/2017 192131 7/7/2017 781.16 100465 GERTEN GREENHOUSES 46.20 SOD FOR LS 19.80 SOD FOR LS 419.90 POLE SAW 134.95 GRASS SEED 620.85 262124 1953/7 262125 1957/7 262120 582 /12 262108 590 /12 102980 GILBERT MECHANICAL CONTRACTORS, INC. 894.88 HP REPAIR 262210 157354 2,182.02 HP REPAIR 262275 157466 3,076.90 3313.6537 Janitorial Service Fire Buildings 6239.6250 6239.6250 2272.6220 6160.6250 Landscape Material & Supplies Landscape Material & Supplies Operating Supplies - General Landscape Material & Supplies 3313.6535 Other Contractual Services 3313.6535 Other Contractual Services Lift Station Maintenanc/Repair Lift Station Maintenanc/Repair Tree Trimming Main Maintenance/Repair Fire Buildings Fire Buildings R55CKR2 LOGIS101 Check # Date 192131 7/7/2017 192132 7/7/2017 192133 7/7/2017 192134 7/7/2017 192135 7/7/2017 192136 7/7/2017 192137 7/7/2017 Amount Supplier / Explanation City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 8 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 PO # Doc No Inv No 102980 GILBERT MECHANICAL CONTRACTORS, INC. 142172 GLOCK PROFESSIONAL INC. 250.00 ARMOR'S COURSE 250.00 100075 GOODIN COMPANY 1,079.33 ADMIN FOUNTAIN 1,079.33 100990 GRAINGER 35.96 SECURITY MIRROR 35.96 100084 HANCO 504.40 PARKS MOWERS TIRES 70.51 WHEEL WEIGHTS 574.91 100085 HARDWARE HANK 24.39 TRUCK LIGHTS 2.00 TRUCK LIGHTS 8.49 OPERATING SUPPLIES 26.47 BUG SPRAY 11.99 SUPPLIES FOR MH REPAIR 5.99 MORTAR FOR MH REPAIR 1.60 OPERATING SUPPLIES 6.40 OPERATING SUPPLIES 33.98 LANDSCAPE SUPPLIES 25.97 LANDSCAPE SUPPLIES 20.96 WELL 10 2.49 ADMIN DRINKING FOUTAIN 170.73 138432 HAUTH, JAMES 1,065.07 AWWA-ACE CONFERENCE 1,065.07 262126 TRP/100098600 262112 02220193-00 262170 9479292717 262138 882433 262127 882930 262241 1677859 262242 1681719 262270 1687565 262133 1691186 262132 1692785 262131 1694001 262145 1695608 262146 1695623 262148 1696777 262149 1697010 262134 1697066 262135 1697472 262143 061517 192138 7/7/2017 100064 HAWKINS WATER TRTMNT GROUP INC 5,223.30 NAMN04 CHEM NTP 262255 4094152 5,223.30 Account No 1104.6476 6146.6233 3315.6233 9001.1415 2401.6241 6101.6231 6101.6231 1105.6220 6168.6230 6250.6230 6250.6260 1104.6220 1104.6220 3222.6240 3222.6220 6156.6230 6146.6230 6203.6476 Subledger Account Description Continued... Conferences/Meetings/Training Building Repair Supplies Building Repair Supplies Inventory - Parts Shop Materials Mobile Equipment Repair Parts Mobile Equipment Repair Parts Operating Supplies - General Repair/Maintenance Supplies -Ge Repair/Maintenance Supplies -Ge Utility System Parts/Supplies Operating Supplies - General Operating Supplies - General Small Tools Operating Supplies - General Repair/Maintenance Supplies -Ge Repair/Maintenance Supplies -Ge Conferences/Meetings/Training Business Unit Patrolling/Traffic North Plant Building City Hall General Fund Gen/Adm-Central Services Water -Administration Water -Administration Investigation/Crime Prevention Hydrant Inspection/Operation Manhole Insp/Mtn/Repair Manhole Insp/Mtn/Repair Patrolling/Traffic Patrolling/Traffic Equipment Mtn Equipment Mtn South Well Field North Plant Building Training & Education 6147.6244 Chemicals & Chemical Products North Plant Production R55CKR2 LOGIS101 Check # Date 192138 7/7/2017 192139 7/7/2017 192140 7/7/2017 192141 7/7/2017 192142 7/7/2017 City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 9 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 Amount Supplier / Explanation PO # Doc No Inv No 100064 HAWKINS WATER TRTMNT GROUP INC 1,557.50 22,272.00 3,598.37 27,427.87 120717 HD SUPPLY WATERWORKS LTD HYDRANT METERS METER REPLACEMENT HYDRANT METERS 132851 HEIL, BRAD 23.00 LICENSE RENEW FOR BRAD HEIL 99.99 CLOTHING ALLOWANCE - HEIL 122.99 262261 H366469 262262 H388084 262263 H391256 262141 061517 262142 062317 138185 HIRSHFIELDS DECORATING CENTERS 267.15 PAINT 262197 37X01114 267.15 100627 HOME DEPOT CREDIT SERVICES 48.07 SUPPLEIS 39.98 J. PLUTA GLOVES 115.45 STP WELLS 139.88 SUPPLEIS 119.59 SUPPLEIS 215.97 TOOLS 279.00 DEHUMIDIFIER 28.34 SUPPLIES 2.16 MASKING TAPE 307.65 OFFICE RENO 122.00 FLAT FRAMED MIRRORS 21.25 SUPPLEIS 388.64 SUPPLEIS 11.97 SUPPLIES 93.08 SUPPLEIS 227.35 SUPPLIES 70.62- SUPPLEIS 5.85 SUPPLEIS 3.67 SUPPLEIS 36.86 SUPPLEIS 77.01 OFFICE RENO 65.75 PARTS FOR BOLLARDS 18.94 SUPPLIES 262187 1092714 262188 15433 262286 17069 262192 20046 262281 2015185 262281 2015185 262281 2015185 262184 2015197 262185 2080415 262186 2092596 262177 24107 262279 2570093 262284 4016459 262285 4016519 262194 4083378 262193 5090636 262190 6150756 262191 6563912 262189 7563861 262282 7574837 262183 8014376 262280 9024178 262179 9084281 Account No 6163.6260 6161.6630 6161.6260 6201.6480 6101.2115 6827.6233 2401.6210 2201.2115 6144.6230 2251.6220 6156.6223 6156.6240 6156.6240 2401.6210 2401.6241 9336.6650 2401.6660 6146.6230 6154.6260 3217.6220 6163.6260 6163.6260 2401.6210 2401.6241 2401.6210 6439.6233 9336.6650 6146.6233 2401.6210 Subledger Account Description Continued... Utility System Parts/Supplies C1121 Other Improvements Utility System Parts/Supplies Licenses, Permits and Taxes Clothing Allowance Building Repair Supplies Office Supplies Clothing Allowance Repair/Maintenance Supplies -Ge Operating Supplies - General Building/Cleaning Supplies Small Tools Small Tools Office Supplies Shop Materials Furniture & Fixtures Office Furnishings & Equipment Repair/Maintenance Supplies -Ge Utility System Parts/Supplies Operating Supplies - General Utility System Parts/Supplies Utility System Parts/Supplies Office Supplies Shop Materials Office Supplies Building Repair Supplies Furniture & Fixtures Building Repair Supplies Office Supplies Business Unit Meter Maintenance/Repair Meter Replacement Meter Replacement San Sewer -Administration Water -Administration Building Maintenance Gen/Adm-Central Services Gen/Adm-Streets Hydrant Maintenance/Repair Storm Sewer Cleaning South Well Field South Well Field South Well Field Gen/Adm-Central Services Gen/Adm-Central Services Gen Facilities Renew & Replmt Gen/Adm-Central Services North Plant Building South Plant Building Landscape Mtn -Non -park sites Meter Maintenance/Repair Meter Maintenance/Repair Gen/Adm-Central Services Gen/Adm-Central Services Gen/Adm-Central Services Lift Station Maintenanc/Repair Gen Facilities Renew & Replmt North Plant Building Gen/Adm-Central Services R55CKR2 LOGIS101 Check # Date 192142 7/7/2017 City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 10 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 Amount Supplier / Explanation PO # Doc No Inv No 100627 HOME DEPOT CREDIT SERVICES 10.57 RO 435 UNIT 1124 262180 9091479 13.69 RO 435 UNIT 1124 262181 9091494 5.22 SUPPLIES 262182 9091509 4.53 SUPPLIES 262178 91331 2,331.85 192143 7/7/2017 100089 HOSE CONVEYORS INC 269.36 HYDRANT METERS 192144 7/7/2017 192145 7/7/2017 192146 7/7/2017 192147 7/7/2017 192148 7/7/2017 269.36 148985 HP INC. 204.00 MONITORS FOR HR GENERALIST 204.00 MONITORS - PEPPER 103.42 DOCKING STATION - PEPPER 511.42 149714 HYDROCORP 5,365.00 CROSS CONNECTION CONTROL 5,365.00 104674 INDELCO PLASTICS CORP. 94.17 STP POLY SYSTEM 94.17 142496 KAUFMAN ENTERPRISES INC. 350.00 REFUSE REMOVAL/LONG GRASS 350.00 74.99 615.00 689.99 111769 KEEPRS INC. POLICE CADET UNIFORM SWAT HELMET MOUNTS 192149 7/7/2017 148329 LA INK 15,667.15 FINAL BILL HEDGES PLAZA 15, 667.15 192150 7/7/2017 146268 LIFE SUPPORT INNOVATIONS 847.70 AED PADS 847.70 Account No 9001.1415 9001.1415 2401.6241 2401.6241 262265 00068373 6161.6260 262129 58609642 262155 58611392 262154 58612972 262137 0043372 -IN 262136 1071849 262144 14400 262147 346479-04 262130 347596 1001.6660 0501.6660 0501.6660 Subledger Account Description Business Unit Continued... Inventory - Parts Inventory - Parts Shop Materials Shop Materials General Fund General Fund Gen/Adm-Central Services Gen/Adm-Central Services Utility System Parts/Supplies Meter Replacement Office Furnishings & Equipment Office Furnishings & Equipment Office Furnishings & Equipment General/Admn-Human Resources General & Admn-Finance General & Admn-Finance 6131.6310 Professional Services -General Water Customer Service 6155.6233 Building Repair Supplies South Plant Production 0729.6535 Other Contractual Services Code Enforcement 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 1104.6226 Public Safety Supplies Patrolling/Traffic 262140 00003346 5150.6710 Project - Contract Nasseff Contribution 262139 1387 1225.6222 Medical/Rescue/Safety Supplies Fire / EMS Equipment R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 11 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 192150 7/7/2017 146268 LIFE SUPPORT INNOVATIONS Continued... 192151 7/7/2017 100111 LOGIS 143.75 LOGIS NETWORK SERVICES 262128 43735 0301.6350 LOGIS IT Services IT -Gen & Admn 143.75 192152 7/7/2017 149504 MACQUEEN EMERGENCY GROUP 77.00 FIRE 262169 P00334 1226.6321 Architectural Services Facility Management 77.00 192153 7/7/2017 140705 MARCIO, STEVE 750.00 MARKETFEST 7/12/17 262152 071217 3061.6320 Instructors Market Fest 750.00 192154 7/7/2017 150456 MARSYLA, SANDRA 100.00 WASHER REBATE PROGRAM 262156 2016 ESWR-163 9376.6860 Contributions/Cost Sharing Pay Combined Utility Trunk Fund 100.00 192155 7/7/2017 100571 MENARDS-APPLE VALLEY 25.94 PLAYGROUND REPAIR 262167 20379 3104.6252 Parks & Play Area Supplies Site Amenity Installation 133.50 PLAYGROUND REPAIR 262166 20459 3104.6252 Parks & Play Area Supplies Site Amenity Installation 192156 7/7/2017 192157 7/7/2017 192158 7/7/2017 159.44 100133 MIKES SHOE REPAIR 20.00 GEAR REPAIR - POTTER 262151 6122017 1225.6224 Clothing/Personal Equipment Fire / EMS Equipment 25.00 LABOR FOR K9 EQUIP. REPAIR 262165 6202017 1104.6426 Small Equipment Repair -Labor Patrolling/Traffic 45.00 138821 MN LIFE INSURANCE COMPANY 1,432.09 MN LIFE BASICADD-JUL17 1,427.14 MN LIFE BASICADD-JUN17 2,859.23 146682 MN LIFE INSURANCE COMPANY 3,982.95 MN LIFE VOLUNTARY-JUL17 4,066.75 MN LIFE VOLUNTARY -JUN 17 8,049.70 192159 7/7/2017 145327 MNSPECT LLC 2,500.00 DEREK QUALLE 6/12-6/16/17 2,500.00 262161 JUL17 262160 JUN17 9592.6152 Life Benefit Accrual 9592.6152 Life Benefit Accrual 262159 0033843-JUL17 9592.2021 262158 0033843-JUN17 9592.2021 262164 7063 0805.6310 Ded Payable - Insurance Ded Payable - Insurance Benefit Accrual Benefit Accrual Professional Services -General Construction Insp-Field R55CKR2 LOGIS101 Check # Date 192159 7/7/2017 192160 7/7/2017 192161 7/7/2017 192162 7/7/2017 192163 7/7/2017 192164 7/7/2017 192165 7/7/2017 192166 7/7/2017 192167 7/7/2017 Amount Supplier / Explanation 145327 MNSPECT LLC 149009 MOUA, MAI CHONG 2.00 MARKETFEST 6/28/17 3.00 MARKETFEST 6/28/17 5.00 MARKETFEST 6/28/17 10.00 100146 MTI DISTR CO 707.74 PARKS MOWER PARTS 707.74 City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 12 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 PO # Doc No Inv No 100659 NC PERS GROUP LIFE -MN 992.00 PAYROLL ENDING 6/24/17 992.00 138080 NELSON AUTO CENTER 32,139.95 SQUAD CAR -VIN 3836 32,139.95 SQUAD CAR -VIN 3838 64,279.90 262153 062817 262153 062817 262153 062817 262150 1123612-00 262287 LIFE INS/PERA 6/24/17 262162 F H013 262163 F H015 139891 NORTHERN CAPITAL INSURANCE GROUP 10,500.00 2017-2018 INS AGENT FEE 262157 155155 10,500.00 102547 NORTHERN SAFETY TECHNOLOGY 3,111.00 BACK UP ALARMS 262168 44028 3,111.00 150457 O'BOYLE, ANN 100.00 WASHER REBATE PROGRAM 100.00 108599 OFFICE DEPOT, INC. 63.96 OFFICE SUPPLIES 65.90 OFFICE SUPPLIES 96.10 OFFICE SUPPLIES 16.44 OFFICE SUPPLIES 114.21 OFFICE SUPPLIES 18.21 J ANDERSEN ERGO Account No 3061.6220 3061.6220 3061.6220 9001.1415 9592.2021 3511.6680 3511.6680 9591.6385 9001.1415 262199 2016 ESWR-166 9376.6860 262206 934914245001 262206 934914245001 262201 935767450001 262200 935767709001 262198 936302929001 262205 936670016001 3081.6220 3081.6227 6801.6210 6801.6210 6146.6210 9593.6650 Subledger Account Description PR004 PR005 PR003 Continued... Operating Supplies - General Operating Supplies - General Operating Supplies - General Inventory - Parts Ded Payable - Insurance Mobile Equipment Mobile Equipment Insurance Inventory - Parts Contributions/Cost Sharing Pay Operating Supplies - General Recreation Equipment/Supplies Office Supplies Office Supplies Office Supplies Furniture & Fixtures Business Unit Market Fest Market Fest Market Fest General Fund Benefit Accrual Equip Rev Fd -Dept 11 Equip Rev Fd -Dept 11 Risk Management General Fund Combined Utility Trunk Fund Arts & Humanities Council Arts & Humanities Council General & Administrative General & Administrative North Plant Building Workers' Compensation Self -In R55CKR2 LOGIS101 Check # Date 192167 7/7/2017 192168 7/7/2017 192169 7/7/2017 192170 7/7/2017 192171 7/7/2017 192172 7/7/2017 192173 7/7/2017 Amount Supplier / Explanation 108599 OFFICE DEPOT, INC. 2.16 OFFICE SUPPLIES 2.16 OFFICE SUPPLIES 2.16 OFFICE SUPPLIES 28.39 OFFICE SUPPLIES 28.39 OFFICE SUPPLIES 28.39 OFFICE SUPPLIES 466.47 144492 OSBERG, DAVE 74.90 JUNE MILEAGE REIMB 74.90 146697 OVERDOG ART 1,080.00 EBN DESIGN -Q2 1,080.00 City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 13 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 PO # Doc No Inv No 109138 PEARSON BROS., INC. 208,677.00 JPA SEALCOAT MATERIAL ON HAND 208,677.00 144472 PRECISE MRM LLC 249.46 MAY AVL DATA PLAN 249.46 148155 PRO HEADSETS LLC 299.00 HEADSET FOR HR GENERALIST 299.00 144483 PROS OF THE ROPE LLC 83.33 CONTRACT 83.33 CONTRACT 166.66 CONTRACT 166.66 CONTRACT 166.66 CONTRACT 166.66 CONTRACT 166.70 CONTRACT 1,000.00 192174 7/7/2017 107142 PSC ALLIANCE, INC. 310.00 RADIO COMMUNICATIONS/DISPATCH 262204 936670184001 262204 936670184001 262204 936670184001 262204 936670184001 262204 936670184001 262204 936670184001 262203 061517 262208 4316 262202 062917 262195 IN200-1013041 262196 101557 262175 449 262175 449 262175 449 262175 449 262175 449 262175 449 262175 449 262207 20009831 Account No 0820.6210 2010.6220 0720.6210 0201.6210 0501.6210 3001.6210 0201.6353 0903.6310 9375.6565 0301.6569 1001.6660 3075.6320 3072.6320 3059.6320 3082.6320 3061.6320 3047.6320 3060.6227 0301.6535 Subledger Account Description Continued... Office Supplies Operating Supplies - General Office Supplies Office Supplies Office Supplies Office Supplies Personal Auto/Parking Professional Services -General Seal Coating-Streets/Trails Maintenance Contracts Office Furnishings & Equipment Instructors Instructors Instructors Instructors Instructors Instructors Recreation Equipment/Supplies Other Contractual Services Business Unit General/Admn-Housing General Engineering General Admin -Planning & Zonin General & Admn-Admn General & Admn-Finance General/Admn-Recreation General & Admn-Admn Eagan Business News Major Street IT -Gen & Admn General/Admn-Human Resources CDBG - Teens CDBG - Youth Summer in the Park Sports/Creative Camps Market Fest Recreational T -Ball Puppet wagon IT -Gen & Admn R55CKR2 LOGIS101 Check # Date 192174 7/7/2017 192175 7/7/2017 192176 7/7/2017 192177 7/7/2017 192178 7/7/2017 192179 7/7/2017 192180 7/7/2017 City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 14 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 Amount Supplier / Explanation PO # Doc No Inv No 107142 PSC ALLIANCE, INC. 310.00 107646 RIEDELL SHOES, INC. 4,685.11 RENTAL SKATES REPLACEMENT R/R 4,685.11 262171 54763929 150405 RMB ENVIRONMENTAL LABORATORIES INC 371.00 WQ MONITORING SAMPLES ANALYSES 490.00 WQ MONITORING SAMPLES ANALYSES 323.00 WQ MONITORING SAMPLES ANALYSES 1,184.00 143349 ROCKIN' HOLLYWOODS 1,650.00 MARKETFEST 7/12/17 1,650.00 149711 SAFE -FAST INC. 240.36 PPE SAFETY EQUIPMENT 240.36 116213 SAFETY SIGNS 176.00 TRAFFIC CONTROL 176.00 100683 SAMS CLUB GECF 85.32 KLONDIKE BAR 86.82 CAKES/SALT/LETTUCE/CHEESE 39.88 COOKIES/BROWNIES/BARS 13.12 SOUR CREAM/LETTUCE 101.78 WATER/GATORADE/POP-PARADE 182.26 CRACJERS/GOLDFISH/CUPS 24.96 APARTMENT MEETING 15.98 CAKE 237.00 KLONDIKE BAR 148.40 POP/GUMBALLS 178.85 WATER/GATORADE 20.40 CHIPS/WATER 15.98 CAKE/LETTUCE/CHEESE 65.88 CAKE/LETTUCE/CHEESE 94.08 OIL/SPONGES/DISH SOAP 262172 357960 262174 359317 262173 359334 262176 071217 262266 185137 262230 17001192 Account No 6617.6670 6528.6323 6528.6323 6528.6323 3061.6320 6204.6222 6152.6457 262305 000000-060717 3079.6227 262309 000240-060917 6713.6855 262301 000505-060517 6831.6855 262312 000673 6713.6855 262313 000984 1104.6220 262307 001052 3057.6227 262318 001098 1104.6477 262317 001133-061417 6713.6855 262302 001885 3079.6227 262304 001982 6629.6855 262319 002180-061517 1221.6220 262289 002205 0101.6477 262320 002332-061617 6609.6855 262320 002332-061617 6713.6855 262297 003783 1228.6230 Subledger Account Description Continued... Other Equipment Testing Services Testing Services Testing Services Instructors Medical/Rescue/Safety Supplies Machinery & Equipment -Rental Recreation Equipment/Supplies Merchandise for Resale Merchandise for Resale Merchandise for Resale Operating Supplies - General Recreation Equipment/Supplies Local Meeting Expenses Merchandise for Resale Recreation Equipment/Supplies Merchandise for Resale Operating Supplies - General Local Meeting Expenses Merchandise for Resale Merchandise for Resale Repair/Maintenance Supplies -Ge Business Unit Capital Replacement (cr1114) Basin Mgmt-Water Spl/Studies/M Basin Mgmt-Water Spl/Studies/M Basin Mgmt-Water Spl/Studies/M Market Fest Safety PRS Inspection/Maint/Repair Eagan Fun Runs/Walks Concessions Food and Beverage Concessions Patrolling/Traffic Preschool Programs Patrolling/Traffic Concessions Eagan Fun Runs/Walks Vending Administration -Fire Legislative/Policy Development Concession SalesNending Concessions Inspection and Prevention R55CKR2 LOGIS101 City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 15 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 192180 7/7/2017 100683 SAMS CLUB GECF Continued... 14.98 SWIFFER WET REFILL 262308 005022 6719.6223 Building/Cleaning Supplies Building Maintenance 149.85 COOLERS 262303 005579 1225.6230 Repair/Maintenance Supplies -Ge Fire / EMS Equipment 14.76 ZIPLOCS 262299 005995-060217 3047.6227 Recreation Equipment/Supplies Recreational T -Ball .98- SUPPLIES 262321 005996 3057.6227 Recreation Equipment/Supplies Preschool Programs 34.10 MUFFINS 262310 006501 6831.6855 Merchandise for Resale Food and Beverage 36.84 SUPPLIES 262314 006793 6714.6855 Merchandise for Resale Merchandise Sales 421.20 SUPPLIES 262314 006793 6713.6855 Merchandise for Resale Concessions 5.88 WATER 262316 006800-061317 3078.6227 Recreation Equipment/Supplies Senior Citizens 101.93 SUPPLIES 262291 007457-052417 3057.6227 Recreation Equipment/Supplies Preschool Programs 46.29 CHEESE BALLS/CAKE/PLATES/ICE 262292 008065-052517 3057.6227 Recreation Equipment/Supplies Preschool Programs 29.14 CHEESE/HALF&HALF/CHIPS 262298 008877 6806.6855 Merchandise for Resale Concessions 25.78 TOWELS 262294 009129-053017 6146.6223 Building/Cleaning Supplies North Plant Building 161.42 SUPPLIES 262311 009259-061117 3001.6227 Recreation Equipment/Supplies General/Admn-Recreation 152.78 SUPPLIES 262288 009398 3027.6227 Recreation Equipment/Supplies Holz Farm 10.98 SUN CHIPS 262290 009434 6831.6855 Merchandise for Resale Food and Beverage 13.84 SUPPLIES 262296 009440 6714.6855 Merchandise for Resale Merchandise Sales 198.02 SUPPLIES 262296 009440 6713.6855 Merchandise for Resale Concessions 11.98 SUPPLIES 262293 009760 6807.6220 Operating Supplies - General Fitness Center 11.98 SUPPLIES 262293 009760 6831.6855 Merchandise for Resale Food and Beverage 22.62 SUPPLIES 262293 009760 6806.6855 Merchandise for Resale Concessions 39.88 SUPPLIES 262293 009760 6805.6220 Operating Supplies - General Birthday Parties 13.84 PICKLES/BUTTER/SALT/ 262306 009883 6714.6855 Merchandise for Resale Merchandise Sales 21.73 PICKLES/BUTTER/SALT/ 262306 009883 6713.6855 Merchandise for Resale Concessions 15.70 1 MEMBER 262295 999999-053017 2201.6479 Dues and Subscriptions Gen/Adm-Streets 15.70 1 MEMBER 262295 999999-053017 0201.6479 Dues and Subscriptions General & Admn-Admn 47.10 4 MEMBERS 262295 999999-053017 3170.6479 Dues and Subscriptions General Admin -Parks 62.80 4 MEMBERS 262295 999999-053017 1221.6479 Dues and Subscriptions Administration -Fire 94.20 6 MEMBERS 262295 999999-053017 1107.6210 Office Supplies Support Services 219.70 14 MEMBERS 262295 999999-053017 3001.6479 Dues and Subscriptions General/Admn-Recreation 15.70 1 MEMBER 262295 999999-053017 6201.6479 Dues and Subscriptions San Sewer -Administration 47.10 3 MEMBERS 262295 999999-053017 6609.6479 Dues and Subscriptions Concession SalesNending 78.50 5 MEMBERS 262295 999999-053017 6716.6479 Dues and Subscriptions General Administration 78.50 5 MEMBERS 262295 999999-053017 6801.6479 Dues and Subscriptions General & Administrative 15.00 ELIZABETH JAROSZ 262300 999999-060317 3001.6479 Dues and Subscriptions General/Admn-Recreation 5.00 ADMIN FEE 262315 CF1706 3001.6479 Dues and Subscriptions General/Admn-Recreation 5.00 ADMIN FEE 262315 CF1706 1104.6479 Dues and Subscriptions Patrolling/Traffic 5.00 ADMIN FEE 262315 CF1706 2201.6479 Dues and Subscriptions Gen/Adm-Streets 5.00 ADMIN FEE 262315 CF1706 0201.6479 Dues and Subscriptions General & Admn-Admn 5.00 ADMIN FEE 262315 CF1706 3170.6479 Dues and Subscriptions General Admin -Parks R55CKR2 LOGIS101 Check # Date 192180 7/7/2017 192181 7/7/2017 192182 7/7/2017 192183 7/7/2017 192184 7/7/2017 192185 7/7/2017 192186 7/7/2017 192187 7/7/2017 Amount Supplier / Explanation 100683 SAMS CLUB GECF 5.00 ADMIN FEE 5.00 ADMIN FEE 5.00 ADMIN FEE 5.00 ADMIN FEE 5.00 ADMIN FEE 3,589.55 102436 SCHMITTY & SONS 301.25 XTREME BUS 6/20/17 273.75 DAK HILLS MS 6/22/17 575.00 150458 SCHULTE, AMY 100.00 WASHER REBATE PROGRAM 100.00 150474 SCHWARTZ FARM 2.00 MARKETFEST 6/28/17 4.00 MARKETFEST 6/28/17 6.00 MARKETFEST 6/28/17 15.00 MARKETFEST 6/28/17 27.00 143153 SCIPIONI, CHRISTINA 47.62 MILEAGE, SCIPIONI 47.62 100187 SEH 1,300.68 SPERRY TOWER PROJECT 1,300.68 149647 SHETLER SI INC 97.88 SECURITY OFFICER -6/18/17 97.88 SECURITY OFFICER -6/18/17 195.76 100193 SIGNATURE CONCEPTS 38.80 STAFF APPAREL 60.80 STAFF APPAREL 819.56 STAFF UNIFORMS City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 16 Council Check Register by Invoice & Summary PO # Doc No 7/3/2017 -- 7/7/2017 Inv No 262315 CF1706 262315 CF1706 262315 CF1706 262315 CF1706 262315 CF1706 262273 INV 11942 262274 INV11982 262234 2016 ESWR-167 262220 062817 262220 062817 262220 062817 262220 062817 262229 062817 262254 334270 262227 1014938 262228 1014939 262216 845339 262217 845340 262218 846626 Account No 1221.6479 6201.6479 6609.6479 6716.6479 6801.6479 3075.6550 3075.6550 9376.6860 3061.6220 3061.6220 3061.6220 3061.6220 0401.6353 6129.6712 6847.6535 6847.6535 6801.6224 6801.6224 6801.6224 Subledger Account Description PR004 PR003 PR005 PR006 Continued... Dues and Subscriptions Dues and Subscriptions Dues and Subscriptions Dues and Subscriptions Dues and Subscriptions Transportation Services Transportation Services Contributions/Cost Sharing Pay Operating Supplies - General Operating Supplies - General Operating Supplies - General Operating Supplies - General Personal Auto/Parking P1154 Project - Engineering Other Contractual Services Other Contractual Services Clothing/Personal Equipment Clothing/Personal Equipment Clothing/Personal Equipment Business Unit Administration -Fire San Sewer -Administration Concession Sales/Vending General Administration General & Administrative CDBG - Teens CDBG - Teens Combined Utility Trunk Fund Market Fest Market Fest Market Fest Market Fest General & Admn-City Clerk Reservior Maintenance/Repair Security Security General & Administrative General & Administrative General & Administrative R55CKR2 LOGIS101 Check # Date 192187 7/7/2017 192188 7/7/2017 192189 7/7/2017 192190 7/7/2017 192191 7/7/2017 192192 7/7/2017 192193 7/7/2017 192194 7/7/2017 192195 7/7/2017 City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 17 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 100193 SIGNATURE CONCEPTS Continued... 909.24 SAFETY CAMP T-SHIRTS 262221 851307 3029.6227 Recreation Equipment/Supplies Safety Camp 1,828.40 100469 SRF CONSULTING GROUP INC 3,744.41 2018 COMP TRANS PLAN UPDATE 262215 10288.00-5 2010.6310 Professional Services -General General Engineering 3,744.41 121089 STEININGER INC., MAX 43,335.00 STORM POND REPAIRS 262223 1-051917 6435.6432 Utility System Repair -Labor Storm Pond Maintn/Inspection 9,700.00 AP54 INLET REPAIR 262224 1-051917-1 6435.6432 Utility System Repair -Labor Storm Pond Maintn/Inspection 53,035.00 100204 STREICHERS INC. 1,549.56 AMMUNITION 1,549.56 150455 TABOR, DAVID 100.00 WASHER REBATE PROGRAM 100.00 146452 TIMM, MELISSA 38.52 M. TIMM MILEAGE 38.52 113124 TOLL GAS & WELDING SUPPLY 1,208.16 CURB BOX REPAIR TOOLS 1,208.16 148858 TOP NOTCH 215.00 DRAIN CLEANING 215.00 262269 11268284 262233 2016 ESWR-147 262222 062317 262239 10195197 262209 201700385 1104.6228 Ammunition Patrolling/Traffic 9376.6860 Contributions/Cost Sharing Pay Combined Utility Trunk Fund 0401.6353 Personal Auto/Parking General & Admn-City Clerk 6130.6240 Small Tools Curb Stop Inspctn/Maint/Repair 3316.6535 Other Contractual Services Police 100912 VERIZON WIRELESS, BELLEVUE 35.01 DATA CARDS 262264 9788076214 0901.6355 Cellular Telephone Service Gen & Admin -Communications 35.01 DATA CARDS 262264 9788076214 1105.6212 Office Small Equipment Investigation/Crime Prevention 35.01 DATA CARDS 262264 9788076214 2010.6355 Cellular Telephone Service General Engineering 35.01 DATA CARDS 262264 9788076214 0201.6355 Cellular Telephone Service General & Admn-Admn 35.01 DATA CARDS 262264 9788076214 3001.6355 Cellular Telephone Service General/Admn-Recreation 35.01 DATA CARDS 262264 9788076214 3201.6355 Cellular Telephone Service Administrative/General 70.02 DATA CARDS 262264 9788076214 0720.6355 Cellular Telephone Service General Admin -Planning & Zonin R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation PO # 192195 7/7/2017 100912 VERIZON WIRELESS, BELLEVUE 70.02 DATA CARDS 70.02 DATA CARDS 105.03 DATA CARDS 172.05 DATA CARDS 175.05 DATA CARDS 411.12 DATA CARDS 1,470.48 DATA CARDS 35.01 DATA CARDS 25.02 DATA CARDS 35.01 DATA CARDS 35.01 DATA CARDS 35.01 DATA CARDS 35.01 DATA CARDS 70.02 DATA CARDS 35.01 DATA CARDS 35.01 DATA CARDS 192196 7/7/2017 192197 7/7/2017 192198 7/7/2017 192199 7/7/2017 3,093.96 101798 VESSCO INC. 573.28 STP POLY SYSTEM 573.28 114534 VISTAR CORPORATION 78.28 POP/WATER/ICE CREAM 88.04 POP/WATER/ICE CREAM 147.86 POP/WATER/ICE CREAM 209.00 POP/WATER/ICE CREAM 44.02 POP/WATER/ICE CREAM 85.71 POP/WATER/ICE CREAM 230.05 POP/WATER/ICE CREAM 504.88 POP/WATER/ICE CREAM 1,387.84 143966 WAARA, RON 15.52 MILEAGE 5/24/17-6/28/17 15.52 141999 WERNER ELECTRIC SUPPLY 96.87 STP OUTLETS PS ROOM 169.27 STP POLY PARTS CONTROLS City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 18 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 Doc No Inv No Account No 262264 9788076214 3057.6220 262264 9788076214 3101.6355 262264 9788076214 3201.6355 262264 9788076214 2201.6355 262264 9788076214 0801.6355 262264 9788076214 1221.6230 262264 9788076214 1104.6349 262264 9788076214 9701.6355 262264 9788076214 6239.6352 262264 9788076214 6136.6355 262264 9788076214 6147.6355 262264 9788076214 6234.6355 262264 9788076214 6239.6408 262264 9788076214 6101.6355 262264 9788076214 6716.6355 262264 9788076214 6801.6355 262256 69823 262232 48823162 262232 48823162 262232 48823162 262232 48823162 262231 48881554 262231 48881554 262231 48881554 262231 48881554 262225 062817 262257 S009671512.001 262258 S009672443.001 6155.6260 6831.6855 6831.6220 6805.6855 6806.6855 6831.6220 6806.6855 6831.6855 6805.6855 0301.6353 6154.6233 6155.6260 Subledger Account Description Continued... Operating Supplies - General Cellular Telephone Service Cellular Telephone Service Cellular Telephone Service Cellular Telephone Service Repair/Maintenance Supplies -Ge Teleprocessing Equipment Cellular Telephone Service Telephone Circuits Cellular Telephone Service Cellular Telephone Service Cellular Telephone Service Electricity -Lift Stations Cellular Telephone Service Cellular Telephone Service Cellular Telephone Service Utility System Parts/Supplies Merchandise for Resale Operating Supplies - General Merchandise for Resale Merchandise for Resale Operating Supplies - General Merchandise for Resale Merchandise for Resale Merchandise for Resale Personal Auto/Parking Building Repair Supplies Utility System Parts/Supplies Business Unit Preschool Programs Playground Maintenance Administrative/General Gen/Adm-Streets General & Admn-Protective Insp Administration -Fire Patrolling/Traffic PEG -eligible Lift Station Maintenanc/Repair GIS - Utilities North Plant Production Utility Locates Lift Station Maintenanc/Repair Water -Administration General Administration General & Administrative South Plant Production Food and Beverage Food and Beverage Birthday Parties Concessions Food and Beverage Concessions Food and Beverage Birthday Parties IT -Gen & Admn South Plant Building South Plant Production R55CKR2 LOGIS101 Check # Date 192199 7/7/2017 City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 19 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 Amount Supplier / Explanation PO # Doc No Inv No 141999 WERNER ELECTRIC SUPPLY 3,559.12 LED FIXTURES FIELD GROUP NTP 262260 S9669107.002 644.49 STP POLY PARTS CONTROLS 262259 S9669707.001 4,469.75 192200 7/7/2017 146686 WILSKE, JOSH 86.25 MILEAGE 6/2/17-6/29/17 86.25 192201 7/7/2017 101755 XCEL ENERGY 2,554.41 CEDAR GROVE PARKING GARAGE 2,554.41 192202 7/7/2017 101755 XCEL ENERGY 12.64 WELL HOUSE #22 12.64 192203 7/7/2017 101755 XCEL ENERGY 109.73 ELECTRIC CABINET-NICOLS RD 109.73 192204 7/7/2017 101755 XCEL ENERGY 13.68 MONUMENTS LIGHTING 13.68 192205 7/7/2017 101755 XCEL ENERGY 140.89 CEDAR GROVE PKWY STREET LITES 140.89 192206 7/7/2017 101755 XCEL ENERGY 122.93 CEDAR GROVE BLVD STREET LITES 122.93 192207 7/7/2017 101755 XCEL ENERGY 400.11 CENTRAL PKWY STREET LITES Account No 6146.6233 6155.6260 Subledger Account Description Business Unit Continued... Building Repair Supplies Utility System Parts/Supplies North Plant Building South Plant Production 262226 062917 0301.6353 Personal Auto/Parking IT -Gen & Admn 262245 51-0010548879-4 9116.6405 Electricity Cedar Grove Parking Garage -062117 262246 51-0011688001-1 6148.6409 Electricity-Wells/Booster Stat North Well Field -062117 262247 51-0010197923-4 6301.6406 Electricity -Street Lights Street Lighting -062117 262248 51-0010165807-6 6301.6406 Electricity -Street Lights Street Lighting -062117 262249 51-0010060024-7 6301.6406 Electricity -Street Lights Street Lighting -062117 262250 51-0280165-0-06 6301.6406 Electricity -Street Lights Street Lighting 2117 262251 51-6563390-9-06 6301.6406 Electricity -Street Lights Street Lighting R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation 192207 7/7/2017 101755 XCEL ENERGY 400.11 192208 7/7/2017 101755 XCEL ENERGY 1,641.02 BURR OAKS LIFT STATION 1,641.02 192209 7/7/2017 100247 ZIEGLER INC 319.12 RO 476 UNIT 144 319.12 20175638 7/7/2017 147907 SELECT ACCOUNT 3,688.36 FLEX REIMBURSEMENT 3,688.36 City of Eagan 7/6/2017 16:27:44 Council Check Register by GL Page - 20 Council Check Register by Invoice & Summary 7/3/2017 -- 7/7/2017 PO # Doc No Inv No 2317 Account No 262252 51-0011013079-4 6439.6408 -062317 262219 PC001886877 9001.1415 262322 070617 9592.2215 Subledger Account Description Business Unit 549,997.50 Grand Total Payment Instrument Totals Checks Total Payments Continued... Electricity -Lift Stations Inventory - Parts Lift Station Maintenanc/Repair General Fund Flex Plan Withholding Payable Benefit Accrual 549,997.50 549,997.50 R55CKS2 LOGIS100 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Company 09001 GENERAL FUND 09116 CEDAR GROVE PARKING GARAGE 09197 ETV 09220 PUBLIC UTILITIES 09221 CIVIC ARENA 09222 CASCADE BAY 09223 CENTRAL PARK /COMMUNITY CENTER 09335 EQUIPMENT REVOLVING 09336 GENERAL FACILITIES RENEW & REP 09351 OLD TOWN HALL REPLACMT PROJECT 09375 MAJOR STREET 09376 COMBINED UTILITY TRUNK FUND 09591 RISK MANAGEMENT 09592 BENEFIT ACCRUAL 09593 WORKERS' COMPENSATION SELF -INS Amount 48,838.59 2,817.54 697.01 162,721.09 5,330.00 1,048.17 6,661.89 66,955.90 384.66 15,667.15 208,677.00 500.00 14,091.00 15,589.29 18.21 Report Totals 549,997.50 City of Eagan 7/6/2017 16:27:48 Council Check Summary Page - 1 7/3/2017 - 7/7/2017 Agenda Information Memo July 18, 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: ➢ Preliminary Planned Development Agreement with Beyond Self Storage ➢ Community Arts Education Support Grant Application with the Minnesota State Arts Board for support of programming and operating goals of the Eagan Art House ➢ A Resolution approving a Master Joint Powers Agreement and Court Amendment Agreement with the State of Minnesota - Minnesota Bureau of Criminal Apprehension for access to criminal justice data ➢ An agreement with UHL Company for an S2 software upgrade and support plan ➢ A contract with Mintahoe Catering & Events for an employee wellness barbeque Attachments: (1) CD -1 Resolution The contracts are available from the City Clerk's Office. RESOLUTION NO. CITY OF EAGAN APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF EAGAN ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHERAS, the City of Eagan on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joins Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreement by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Eagan on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Chief of Police, James McDonald, or his successor, is designated the Authorized Representative for the Police Department. The authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Lynn Vasquez, Office Manager, is appointed as the Authorized Representative's designee. 3. That the Chief of Police, James McDonald, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Lynn Vasquez, Office Manager, is appointed as the Authorized Representative's designee. 4. That Mike Maguire, the Mayor of the City of Eagan, and Christina M. Scipioni, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and adopted by the Eagan City Council on this 18th day of July, 2018. Motion by: Seconded by: Those in favor: Those against: Date: July 18, 2017 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18th day of July, 2017. City Clerk SWIFT Contract # 127961 MN019101A STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Eagan on behalf of its Prosecuting Attorney ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to -computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 1 SWIFT Contract # 127961 MN019101A 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca- divisions/mnj is/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must 2 SWIFT Contract # 127961 MN019101A keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint -based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency understands there is a cost for access to the criminal justice data communications network described in Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. Agency will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Agency will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Chief James McDonald, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5700, or his/her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 3 SWIFT Contract # 127961 MN019101A 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Agency's internal discipline processes, including those governed by a 4 SWIFT Contract # 127961 MN019101A collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. 5 SWIFT Contract # 127961 MN019101A The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Name: (PRINTED) Signed: Signed: Title: (with delegated authority) Title: (with delegated authority) Date: Date: 3. COMMISSIONER OF ADMINISTRATION Name: delegated to Materials Management Division (PRINTED) Signed: Title: (with delegated authority) Date: 6 By: Date: COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Eagan on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 127961, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. Office. "Court" shall mean the State of Minnesota, State Court Administrator's h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non -official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub -section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS -M -0958. 6 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 8 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON -WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 9 1. SUBSCRIBER (AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach written verification of authority to sign on behalf of and bind the entity, Name: such as an opinion of counsel or resolution. (PRINTED) Name: Signed: (PRINTED) Signed: Title: (with delegated authority) Title: Date: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: (PRINTED) Signed: Title: (with authorized authority) Date: 10 Agenda Information Memo July 18, 2017, Eagan City Council Meeting CONSENT AGENDA E. Approve a resolution to accept donations from the Eagan Kick Start Rotary Club, the Eagan Hockey Association, the Caponi Art Park, Keith Maiz and an anonymous donor Action To Be Considered: To approve a resolution to accept donations from the Eagan Kick Start Rotary Club, the Eagan Hockey Association, the Caponi Art Park, Keith Maiz and an anonymous donor Facts: > State Statute requires the Mayor and City Council to accept donations to the City via a resolution. > The City has received the following donations: o $800 from the Eagan Kick Start Rotary Club for plantings and a plaque at the 1914 Town Hall o Pull up and band bars and other enhancements to the dryland facilities at the Eagan Civic Arena from the Eagan Hockey Association o A sun shelter at the Caponi Art Park from the Caponi Art Park Board of Directors o $28 from Keith Maiz via a Target Corporation employee payroll deduction o $21 from an anonymous donor via a Target Corporation employee payroll deduction Attachments: (1) CE -1 Resolution RESOLUTION NO. CITY OF EAGAN Accept Donations from the Eagan Kick Start Rotary Club, the Eagan Hockey Association, the Caponi Art Park, Keith Maiz and an anonymous donor WHERAS, the City of Eagan is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefits of its citizens, and is specifically authorized to accept gifts; and WHEREAS, the following persons and entities have offered to contribute the following donations set forth below to the City: Name of Donor Donation Eagan Kick Start Rotary Club $800 for plantings & a plaque at the 1914 Town hall Eagan Hockey Association Pull up and band bars and enhancements to Civic Arena dryland facilities Caponi Art Park Sun Shelter at the Caponi Art Park Keith Maiz $28 Anonymous donor $21 WHEREAS, all such donations have been contributed to the City for the benefit of its citizens, as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby accepts the donations described above. CITY OF EAGAN CITY COUNCIL By: Attest: Its Mayor Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: July 18, 2017 CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18th day of July, 2017. City Clerk Agenda Information Memo July 18, 2017 Eagan City Council Meeting CONSENT AGENDA F. Northern Natural Gas Expansion Project Request for Extension of Working Hours Action To Be Considered: Authorize a variance to the Construction Activity Noise Regulations to extend construction activity to 11:59 p.m., from August 1 to November 1, to Northern Natural Gas Company for pipeline installation known as their Cedar Station Upgrade Project, from the Eagan/Rosemount border adjacent to Lebanon Hills Regional Park to 4065 Old Sibley Memorial Highway. Facts: ➢ Northern Natural Gas Company (NNG) plans to construct approximately 7.8 miles of 20 - inch diameter pipeline connecting NNG's existing Rosemount Junction to the Cedar Station located at 4065 Old Sibley Memorial Highway. The pipeline facilities are required to meet a contractual obligation with Xcel Energy, Inc. that calls for NNG to upgrade its pressure at the existing Cedar Station from 400 psi to 650 psi. The increased pressure will be used for electric generation by Xcel at the Black Dog power plant. • Section 10.37 of the City Code prohibits construction activity or the use of tools and equipment for construction activity between the hours of 10:00 p.m. and 7:00 a.m. within the City. Y On May 17, 2017, City staff received a request from NNG, requesting that their crews be allowed to work past 10:00 pm on weeknights and weekends. The late night work will be limited to the specific neighborhoods in which crews are working at the time and will not include the entire limits of the project. The approval of the federal permit for this project has been significantly delayed, by no fault of NNG, due to the lack of a quorum on the Federal Energy Regulatory Commission. NNG expects that the US Senate will approve new commissioner appointments shortly to meet the quorum requirement. ➢ The purpose of the request is to enable the timely completion of the construction activity prior to the required deadline and without the added risks and inconveniences of winter construction. ➢ The City Council has approved numerous similar contractor requests to help ensure the project is completed efficiently and safely. Attachments (2) CF -1 Contractor's Request Letter CF -2 Map Nflorthern Natural Gas A BERKSHIRE HATHAWAY ENERGY COMPANY RECEIVED MAS' 17 7(ull May 15, 2017 City of Eagan Attn. John Gorder, City Engineer 3830 Pilot Knob Road Eagan, MN 55122 Re: Construction of Cedar Station Project Dear Mr. Gorder: Northern Natural Gas Company 1120 Centre Pointe Drive Suite 400 Mendota Heights, MN On July 29, 2016, Northern Natural Gas filed an application with the Federal Energy Regulatory Commission (FERC) seeking approval of Northern's Cedar Station Upgrade Project. The project consists of a 7.83 -mile 20 -inch -diameter loop of Northern's existing branch line in Dakota County, Minnesota. Northern initially anticipated that approval of the project would be issued by FERC on February 16, 2017, at the Commission's regularly scheduled commission meeting. However, on February 3, 2017, then -Commissioner Norman Bay vacated his post as commissioner on the FERC. With his departure, the five -member Commission had only two remaining commissioners — one short of a voting quorum. FERC subsequently cancelled its regularly scheduled monthly meeting set for February 16 and suspended its monthly meetings until further notice. Due to the lack of a quorum, FERC has suspended the issuance of many type of orders, including pipeline siting certificates. Northern has been in regular communication with FERC staff and anticipates that an order will be issued once there is a voting quorum at the Commission. The Trump Administration announced last week two candidates to fill two of the three vacant positions. The U.S. Senate must approve the candidates. While no one can fully anticipate when these positions will be filled, most industry experts believe the new commissioners will not take their positions prior to mid- July. This five-month delay has forced Northern to completely redraft its original construction schedule and to identify schedule remediation measures. In order to meet the contracted in-service date for the facilities for our customer, Northern is evaluating the measures it can take from a construction perspective to keep the project on schedule. Because pipeline installation is rendered much more difficult in the winter seasons and because of the contractual deadline, one of the most critical measures Northern must take is to condense its original construction schedule. To make this work, Northern must have the ability to work on Sundays and, on occasion, past 10 p.m. on weekdays and Saturdays. This measure is drastic, but unavoidable if we are to meet our customer's contracted start date. Northern appreciates the cooperation the officials of the city of Eagan has provided Northern on this project. Northern is asking the city to make this accommodation, which Northern considers necessary and crucial to the project's timely completion. In addition to being in the interest of our customer, it is in the best interests of the city to keep the construction on a tight schedule and to reduce the added risks and inconvenience of pushing construction deep into the winter months. Northern respectfully asks the city of Eagan to approve this request. Please contact me if you have additional questions. Sincerely, Bryan Kruger Right of Way Department Northern Natural Gas Company 651-456-1735 bryan.kruger@nngco.com Cedar Meter Station un g:4 ..ord0 1.411141131:14 /Arley, 01 r:ror R,,r4 d IP C1O1Rrif 01 Or • *X4/) e..4' Nth T.:: 4 ,Z ILO 01114.4 314 Cr am nil 0100400o8 0, neerwee'l ottaay Re 30,10,001 9401 001 14, '132t-"" 43 Monate, Brads.- -'4,te9V1141 Marnatee 4,14,4 C.4Mbe4.4,°' 111/1 - MVP -20'.5 -03789 -VM Pa1 of .0006 laOlde 30 01 434,44, '41dere0 .0:00 1.nlee Rd 01,11 4 4,mnik. 42 43 gc-m, 14 01188 81,. 14' 8t. a .8 42 01 80 ` fah:ski cwoolf 61413Y an, nsrl Lebanoo,Hills Regitniegark :2 38484,, eLo 14:4114= 4. 17408Sr ey Area Enlarged .31A11410414 Rd 414011AL: 04 42 41 11/4 Ecton7 Der,s004 42 14 .142rd 3843 11 re" i1:51,481481 13414 0,, 13 11' , Reny 0 Mile Post — Proposed Pipeline Existing 16 -inch A -Line Project Area Existing 345 -kV Transmission Line 2,500 1,250 0 2,500 Scale in Feet NORTH Source: Northem Natural Gas, ESRI and Burns & McDonnell Engineenng Company Inc. Bonaire 04, 44, '188 9' 110th W Rosemount Meter Station BURNS McDONNELL; RI., ARC IOna 0.48 41,4 Benno* Pant 41/ Figure A-1 Location Map Cedar Station Upgrade Project Northern Natural Gas Dakota County, Minnesota Issued: 7/6/204 Agenda Information Memo July 18, 2017 Eagan City Council Meeting CONSENT AGENDA H. Construction Services Contracting Agreement BKJ Land Company Action To Be Considered: Approve a Construction Services Contracting Agreement with BKJ land Company, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The City has a policy of soliciting and selecting the best qualified firms through a formal Solicitation of Qualifications (SOQ) and selection process, every 5 to 7 years, for a variety of contractual services. Typically said services are provided by consultants. ➢ Routinely, the City desires to retain the services of a qualified contractor for emergency and non -emergency repairs, site grading, construction material delivery, and other specialized construction activity, not associated with planned capital improvement projects. ➢ Proposal of qualifications was reviewed by Public Works staff, reviewing the contractor's qualifications to complete the respective needed services. ➢ The agreement has been prepared and executed in a standard form acceptable to the City Attorney's office and Public Works Department. The agreement is being presented to the City Council for their favorable consideration of approving a contract for such services. Attachments (1) CH -1 Construction Services Contracting Agreement GLOBAL SERVICE AGREEMENT This Agreement ("Agreement") is entered into this day of , 2017, by and between the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122 (the "City") and BKJ Land Company, 18075 Dairy Lane, Jordan, MN 55342 (the "Contractor"). WHEREAS, Contractor has experience in specialized construction services; and WHEREAS, The City desires construction activity and, as a result of employing a Bidder Qualifications based selection process, has elected to retain Contractor; and WHEREAS, the City desires to engage Contractor to furnish specialized construction services; and WHEREAS, Contractor desires to accept such engagement upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual agreements herein contained and intending to be legally bound hereby, the City and the Contractor hereby agree as follows: ARTICLE 1. TERM OF CONTRACT Section 1.01. TERM. This Agreement will become effective on , 2017, and will continue in effect, unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS Section 2.01. INDEPENDENT CONTRACTOR STATUS. The City and Contractor expressly agree that Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Contractor or any employee or agent of Contractor. Both parties acknowledge that Contractor is not an employee for state or federal tax purposes. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR Section 3.01. CONTRACTOR'S SERVICES. The City hereby retains Contractor (on a non-exclusive basis) for the purpose of furnishing material and construction improvements for the City on matters related to but not necessarily limited to: • Emergency Repairs • Site Grading/Earthwork • Furnishing and Delivery of Construction Material • Dump Truck Hauling of Excavated Material • Miscellaneous construction services as identified in Appendix A, "The Basic Services for Construction Projects" The precise services to be provided and detailed scope of work and rates for those services may be detailed in individual work authorizations or engagement letters signed by Contractor and City based on the general provisions and conditions set forth in this agreement. Section 3.02. METHOD OF PERFORMING SERVICES. Contractor shall determine the method, details, and means of performing the above-described Services. Section 3.03. EQUIPMENT, MATERIAL AND PLACE OF WORK. Contractor shall base the performance of these Services with the use of equipment and material provided by the Contractor at such location(s) as determined by the City. The City is not required to provide a source of equipment or material to Contractor. Section 3.04. TIME OF PERFORMANCE. Contractor shall submit for the City's approval a schedule for the performance of the Services that may be adjusted by mutual consent as the Services proceed. This schedule shall include allowances for periods of time required for the City's review. Time limits established by this schedule approved by the City shall not be exceeded by Contractor or the City, except for reasonable cause, agreed to by the City. ARTICLE 4. COMPENSATION Section 4.01. AMOUNT OF COMPENSATION. In consideration for the Services to be performed by Contractor, the City agrees to pay Contractor service fees as follows: see fees referenced as "Rate Schedule". Any increase in fees must be agreed to by the City prior to such increase. All projects for which Contractor is retained shall be on an hourly fee basis unless otherwise agreed to by the City. Section 4.02. PAYMENT FOR COMPENSATION. Payment will be made as follows: Contemporaneously with the submission of any bill to the City, the Contractor shall provide an itemized statement detailing the billing strategy indicating the following: number of hours spent by any employee or agent as well as the hourly rate charged by the individual providing the work; quantity of specific material provided and/or delivered; number of hours specific equipment used: cost of mobilization to such location(s) as determined by the City. The Contractor shall segregate its billing to separate cost centers or projects as may be required by the City. Section 4.03. EXPENSES. Contractor shall be responsible for all costs and expenses incident to the performance of the Services, including but not limited to, all taxes required of or imposed against Contractor and all other of Contractor's costs of doing business. The City agrees to reimburse Contractor only for those reimbursable expenses set forth on "Rate Schedule." Provided, that any expenses related to special sub -contracting services (e.g., outside contracting services) must be pre -approved by the City. When retained by the Contractor with prior approval by the City, Contractor shall bill the City no more that 110% of actual costs of such special sub -contracting services. ARTICLE 5. CONTRACTOR OBLIGATIONS Section 5.01. STATE AND FEDERAL TAXES. As Contractor is not the City's employee, Contractor is responsible for paying all required state and federal taxes. In particular, the City will not withhold FICA (Social Security) from Contractor's payments; will not make state or federal unemployment insurance contributions on Contractor's behalf; will not withhold state or federal income tax from payment to Contractor; will not make disability insurance contributions on behalf of Contractor; or will not obtain workers' compensation insurance on behalf of Contractor. ARTICLE 6. THE CITY'S OBLIGATIONS SECTION 6.01. THE CITY'S COOPERATION. The City agrees to comply with Contractor's reasonable requests necessary to the performance of Contractor's duties under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT Section 7.01. TERMINATION ON OCCURRENCE OF STATED EVENTS. The City may terminate this Agreement automatically on the occurrence of any of the following events: (1) Contractor's bankruptcy or insolvency; (2) the sale or merger of Contractor's business and/or change in majority ownership; or (3) failure of Contractor to perform work in a timely fashion. Additionally, this agreement may be terminated by either party upon thirty days written notice without cause. In the event of termination copies of plans, reports, specifications, electronic drawing/data files, field data notes, and other documents, written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Engineer pursuant to this Agreement and pertaining to any work or to a Project, shall be made available to the City. All provisions of this agreement allocating responsibility or liability between the City and Contractor shall survive the completion of the services hereunder and/or the termination of this Agreement. Section 7.02. TERMINATION FOR FAILURE TO MAKE AGREED-UPON PAYMENTS. Should the City fail to pay Contractor all or any part of the compensation set forth in Article 4 of this Agreement on the date due, Contractor, at Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. ARTICLE 8. DISPUTE RESOLUTION/CONSENT TO ARBITRATION Section 8.01. AGREEMENT TO COOPERATE WITH CITY. Contractor acknowledges that the City may, from time -to -time, be subject to arbitration or litigation arising out of or relating to any engineering or other specialized technical services that may have been provided, directly or indirectly, by Contractor. Contractor agrees to use its best efforts to work with the City and agrees that it will cooperate fully with the City in any arbitration or district court hearing and further agrees, if the City makes a timely request, to be a named party to any arbitration proceeding. ARTICLE 9. GENERAL PROVIVIONS Section 9.01. NOTICES. Any notices given hereunder by either party to the other shall be in writing and may be effected by personal delivery with signed receipt or by registered or certified mail with postage prepaid and return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally or by mail will be deemed communicated as of actual receipt; (both signed at time of receipt). Section 9.02. ASSIGNMENT. Except for the Contractor's use of necessary sub -contractors, the Contractor and the City shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. Section 9.03. ENTIRE AGREEMENT OF THE PARTIES. This Agreement supersedes any and all prior agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor to the City and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made, orally or otherwise, by any party, or by anyone acting on behalf of any party, which are not embodied herein, and that no other agreements, statement or promise not contained in the Agreement shall be valid or binding. Any modification of this agreement will be effective only if it is in writing signed by the party to be charged. Section 9.02. INDEMIFICATION. Contractor agrees to protect, defend, indemnify, and hold the City and its assigns and attorneys, accountants, and employees, harmless from and against all losses, liabilities, damages, judgements, claims, counterclaims, demands, actions, proceedings, costs, and expenses (including reasonable attorneys' fees) of every kind and character resulting from, relating to, or arising out of the negligent acts or omissions of the Contractor. Section 9.05. RIGHT IN WORK PRODUCT. The work product of Contractor's services, including results, and all ideas, developments, and inventions which Contractor conceives or reduces to practice during the course of his performance under this Agreement and subsequently reimbursed for by the City for such work shall be the exclusive property of the City. This information and material, and any such inventions shall be deemed the City's proprietary information and shall not be disclosed to anyone outside the City, or used by Contractor or others without the prior written consent of the City. Provided, however, the Contractor has the right to reuse such information and material in the normal course of its business and retains all rights in its standard drawing details and specifications, and in all field data, notes and databases. Other than reuse or modification by the Contractor, the City waives all claims against the Contractor resulting from any changes or reuse of such information and material. The Contractor will furnish the City with electronic data versions of certain drawings or other written documents ("Digital Data") compatible with the City's software (to the extent possible) unless otherwise agreed upon and/or provide in hard copy form. In the event of any conflict between a hard copy document and the Digital Data, the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Contractor and is not warranted to be compatible with other systems or software. Any Digital Data submitted by the Contractor to the City is submitted for an acceptance period of 60 days ("Acceptance Period"). Any defects that the City discovers during this period and reports to the Contractor will be corrected by the Contractor at no extra charge. For correction of defects reported to the Contractor after the Acceptance Period, the City shall compensate Contractor on an hourly basis at Contractor's billing rates. The City understands that the Digital Data is perishable the City is responsible for maintaining it. Section 9.06. INSURANCE. The Contractor shall provide to the City an insurance certificate, issued by an insurance company of good standing and authorized to do business in Minnesota, evidencing the insuring of liability arising out of the performance of contractual services for the City in an amount of at least $2,000,000; and stating that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insured's intention to cancel the insurance. The Contractor agrees that the deductible writing it professional liability insurance policy shall not exceed $150,000.00. Section 9.07. SEVERABILITY. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule, in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or the effectiveness or validity of any provision in any other jurisdiction, and the remaining provisions of this Agreement will continue in full force without being impaired or invalidated in any way. Section 9.08. GOVERING LAW. All issues concerning this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Minnesota. Section 9.09. HAZARDOUS SUBSTANCE. The Contractor's scope of services does not include any services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes know that such materials may be present at or near a Project that may affect the Contractor's services, the Contractor may suspend performance of its services, without liability, and will assist the City to retain appropriate specialist consultants to adequately identify and abate such materials so that Contractor's services may resume. Section 9.10. CONFIDENTIALITY. The Contractor agrees to keep confidential and not to disclose to any person or entity, other than the Contractor's employees, sub consultants and subcontractors, if appropriate, any data and information not previously known to and generated by the Contractor or furnished to the contractor an marked CONFIDENTIAL by the City. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonable necessary for the Contractor to defend himself or herself from any suit or claim. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGAN: CONTRACTOR: By: Mike Maguire Its: Mayor By: Christina M. Scipioni City Clerk By: Its: Agenda Information Memo July 18, 2017, Eagan City Council Meeting CONSENT AGENDA J. Sound Amplification Permit/Fee Waiver — Faithful Shepherd Catholic School Action To Be Considered: Approve a Sound Amplification Permit and a Permit Fee Waiver for an outdoor event with electronic sound system/audio equipment use after 10 p.m. on September 16, 2017, located at 3355 Columbia Drive. Facts: ➢ An outdoor event with musical entertainment past 10 p.m. requires a permit and approval from the City Council and is subject to the requirements outlined in City Code Chapter 10, Sec. 10.31. Eagan PD has reviewed and signed off on the application. ➢ Faithful Shepherd is planning the 14th Annual SeptemberFest school fundraiser outdoor event September 15-17, 2017. The live music for which the sound amplification permit is required is planned for Saturday the 16t" from 6:00 p.m. until 12:00 midnight. The event will occupy the entire parking lot on the west side of the building. ➢ Surrounding uses within % mile are industrial to the north and east, business park to the west, and multi -family residential, public facility and mixed planned development property to the south. The stage and amplification equipment will face north, toward the industrial area. ➢ Due to a south -facing stage, the 2008 event generated several complaints. Subsequent years, with the stage and speaker layout facing north, the noise complaints have been reduced dramatically. ➢ The applicant is requesting a fee waiver for the sound amplification permit. Attachments: (2) CJ -1 Location Map CJ -2 Applicant letter, permit, site plan and radius map —O'L"earyj Dake Park z o ALDRIN DRIVE Subject Site DISCOVE" RD ThretKer Fields Park MIKE COLLINS DR 0 0 2 -J I 41,11°P Cityofaan Location Map Faithful Shepherd Amplified Sound Application/Permit Legend Parcels Buildings Parks C ity Boundary _1 7111 0 500 1,000 1 Feet 2,000 SeptierFesI Eagan's Annual Block Party June 6, 2017 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: I respectfully request that the Eagan City Council waive the $75.00 application fee for a Sound Amplification Permit for Saturday, September 16th, 2016. We are holding our annual "Septemberfest" at Faithful Shepherd Catholic School and Tri -Parish Center. The purpose of "Septemberfest" is fundraising. All proceeds from the event will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's Noise Ordinance Amendment by incorporating procedures that will be followed to limit objectionable noise levels. If you have any questions, I can be reached at 612-360-3300. Thank you for your consideration. Respectfully submitted, Kevin Toboja Chair, Eagan's SeptemberFest APPLICANT LETTER City of hp 3830 Pilot Knob Road Eagan MN 55122 Phone: (651) 675-5690 Fax: (651) 675-5694 r Use BLUE or BLACK Ink For Office Use Permit #: Permit Fee: Date Received: Staff: 2017 SOUND AMPLIFICATION PERMIT (OUTDOOR EVENTS AFTER 10PM) ✓ Eagan City Code Section 10.31 requires a permit for outdoor electronic sound system / audio equipment use after 10:OOPM. A completed written application meeting the requirements of Section 10.31, accompanied by a payment of $75.00 and a site plan must be filed with the Community Development Department three full weeks in advance of the City Council meeting at which it will be considered. A copy of Section 10.31 is attached for your use. ✓ Sound produced under the permit shall not exceed the maximum allowable sound pressure level as measured by Type 1 or 2 decibel meter, using the A -weighted fast response scale meeting ANSI Specifications, Section 1.4 — 1971. o 1/4 mile radius from the property line, 3-5 feet above ground level — 55 decibels o 1/2 mile radius from the property line, 3-5 feet above ground level — 50 decibels ✓ City Council approval is also required in instances where liquor will be present. In those cases, you may submit the liquor license application at the same time sound amplification permit so both may be considered at the same City Council meeting. ✓ PLEASE PRINT ALL INFORMATION REQUESTED ON THIS APPLICATION Applicant (Individual organizing event) Event Contact Information* Event Details Name: Faithful Shephard Catholic School Address: 3355 Columbia Dr Phone: 651.406.4747 Alternative PnO1e: 612.360.3300 Fax: 651.406.4743 Email: ktoboja@zea10.com Name of individual Kevin Toboja responsible for event: Address: 4816 Bloomington Ave S PnOfe 612.360.3300 Contact phone612.360.3300 during the event:. Alternative Phone: Fax: Email: ktoboja@zeaa10.com * This person must be present at all times during the event and act as the on-site contact for City officials during the event. The applicant and the contact person shall be responsible for compliance with the terms and condition imposed by the permit and Section 10.31. The applicant or contact person shall maintain the permit on the permitted premises at all times during which the permitted electronic sound system or audio equipment is in use. The permit shall be presented to any City official or law enforcement officer upon demand. Address of event: Purpose of event: Date(s) of event & day(s) of the week: 3355 Columbia Dr (Back Parking Lot) Fundraiser for School Saturday Sept 16, 2017 Times of event: Start: 4F4V1 P Set up begins at: 8AM Sept 11 (Date / Time) Maximum number of people 4500 in attendance on any day: Finish: 121' m1151,11641' Take down completed 3PM S 19 by: (Date / Time) 2015 SOUND AMPLIFICATION PERMIT Page 1 of 3 _.„... 1 Description of electronic sound system or audio equipment: Concert Sound System for a 13 00 sf tent , Type of sound to be generated (live music, recorded Live u music, announcements, speeches, etc): Sound will be generated during these hours each day: 5:30- ' •ni ht Spet 1*--th only Name of contractor / individual SDG Productions responsible for sound: Address: 2484 Co R. 8 Hillman, ,n Phone: 320.277.3388 Alternative Phone: 4 Will there be hired speakers / performers at the event? Yes 1 No If yes, name individuals , li* Thk USiC Description of entertainment to be provided: : S \ --2 Hairball 0/0 Time Music Agency 112035 Warner Circle Chaska, MN 55318 Name Address City / State / Zip Arch Allies 0/0 Time Music Agency 112035 Warner Circle Chaska, MN 55318 Name Address City/ State / Zip Name Address City / State / Zip ;FA Will food or alcohol be served at the event? ca Yes No NOTE: Additional Permits may be necessary If yes, describe: Liquor License A pplied for __ - .i.,— —, .. 11..,==.2. ,- ,---,'. ,,,'","- ,..-J.0.--nr.,-, -,---- --,,= , ,•-e...,,- s. +, J Describe the event in detail. Live Music Gates Open at 4P Live Music from 6PM to Midnight , stassr_uresmer.,,,,moL EZI Attach 2 copies of a Site Plan. Include location of tents, stages, booths, first aid / relief stations, dumpsters, portable toile18, sound amplification equipment, signs and banners. Be specific as to the placement of sound system speakers and the direction the sound will travel. NOTE: Additional Permits may be necessary 2015 SOUND AMPLIFICATION PERMIT Page 2 of 3 List the cities in which the applicant or contact person has been Issued a similar permit in the last five (5) years by this city or any other municipality or government entity with authority to issue such similar permit. Include contact information for the permitting entity and a statement as to whether the applicant or contact person was or was not in violation of any term or condition of the permit. Eagan 2003-2016 The City Council may deny the permit if the proposed use of electronic sound system or audio equipment will adversely affect surrounding properties. The City Council may impose conditions upon the issuance of any permit that are reasonably related to ensure that the sound generated by the permitted sound system or audio equipment does not unreasonably disturb the persons and property surrounding the permitted location. 1 have received from the City of Eagan a copy of Eagan City Code 10.31 (Noisy Gatherings and Electronic Sound System Equipment) and will familiarize myself with the provisions contained within them. 1 hereby acknowledge that I have read this application, state the applicati is correct, and agree to comply with Eagan, MN laws PM, and all other City Codes and State laws. regulating noise and electronic sound systems / audio equipment use afte X Applicant's Printed Name Date Applicant's Signatur FOR CITY OFFICE USE ONLY Character and nature of land uses underlying and adjacent to the land upon which the electronic sound system or audio equipment will be used: 6 1 ti ;I) • k 6110:11A - NIB II USE- , 54 L 11 . Beat: 513 Has the applicant or contact person complied with the terms of previous or similar permits issued by another municipality or government agency during the last five years? Permit reviewed by: Police s Approved by by City Council: Date 2015 SOUND AMPLIFICATION PERMIT Page 3 of 3 refrigerated truck ice disp. 0 .111. n generator, 0 light set 0000 IMO 0 generator, light set VW display, — — — — — — — — ,_, __picnic tables - , beer N ent / --- ., \ \ ice disp. / K , N \ 0 / / 1-----,, / \ \ / / N \ / / f --&!k, 0/ \ \ \ / "'"--„d \ / / \ / \N•_. / / / / I /) / / / e / / (b) / / / / / Bn in. sink biffs 0 20 'Cllb '10 biffs / / 6/ / / / / / / / / / / / / sink( / / ( / a, I 1 I I I I /reps / // ., I 81 ji X ' ,....... • i f ? 7 I / 1 I .- i 1 , • — - — - playground ,, / (kyr 0,,, els s rch _ 'We, cos/744'1'1%e ‘2, generator, light set 0 , ..- -- , - - _ -, , \SC'e -, - Ges' 'loci tables c5:)--42-ADA °sink 15 biffs food trucks searchlight 0 Volkswagon 0 generator, light set Dice disp. refrigerated trailer r 711•1111i"" !!:\ Honda ROAD front gate general access,reserved parking access Handicap parking 0 generator, light set 0 security post VIP parking SITE PLAN Outdoor Event with Amplified Sound Faithful Shepherd school 0 0.25 Miles 0.5 RADIUS MAP Agenda Information Memo July 18, 2017, Eagan City Council Meeting CONSENT AGENDA K. Approve Final Planned Development for Lot 1, Block 1, Quarry Road Addition — United Properties Actions To Be Considered: To approve a Final Planned Development upon approximately six acres located north of Quarry Road and west of Central Parkway. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The Preliminary Planned Development was approved October 18, 2016. ➢ The subject site represents the northwest quadrant of a four -lot 24 -acre development (Quarry Road Addition). ➢ The development consists of a 96 -unit multi -family senior housing facility upon approximately six acres ➢ The final development plans have been reviewed by staff and are consistent with the preliminary approvals. ➢ The Final Planned Development Agreement is anticipated to be in order for execution at the City Council meeting on July 18, 2017. Issues: None Attachments: (2) CK -1 Location Map CK -2 Final PD Agreement Fort =Snellin State ParkMAN +- VIII of Caftan City Caftan ` Si 1A``,�011 �i- Pilot I r - HY_.41,._.„6 <�a �E� a 3 Knob ,/./. �giiirF il��.... Park Location Map i0 D m ITT ® Project Name: Applewood Pointe AV® ® ®®®®® EB n" Moonshine Lot 1 Block 1 Quarry Road Addn. Park Request: Final Planned Development 00 00 y 'n =IA wpm /k s ,11♦��� ll Case No.: 09 -FD -03-03-17 o4 -0IIIII .. 4;.,- •.., ®nam �'0,�� 1 ' ® ® Subject Central ET ..-E gr � � ■ �, ®®y � IIIIII VIII < `V Site Park Park ' -snt uHIVE _ LE E♦ ., ❑ O 011 IPI 11I MARICE DR • _ O O ■ W Q— h— Quarry 2 'ICS :. oIDIIDll o N+/I-1'ak mme `.. ���•.. VUR RE [Rpm 0 \ � k1111.MICI11 ...ii, Vankee Oootlle Rtl ro 1 CSUNTY R•AD NO. 28 (YANKEE DOODLE ROAD) e� 1 II III �Ilak. ST ST W . �r HIINT - W ' C ..I�0 i� i1 /� OifFley Rtl ' 11 •• r •` �� .• •• . „•A# o Map Area E ent BEs ■♦ Lk 44; .. • • ••••=1••••••11 oill•••••=1••• m• -I -I 1 ff ;or gi L 1 Illi Park , , II ari ��� a - - . " `A Ut 1 I Do EP nl =Ware •'- (TTCC I I 'Feet HULA 1111 0 500 1,000 ,t i 1 , , , � FINAL PLANNED DEVELOPMENT AGREEMENT Lot 1, Block 1, Quarry Road Addition THIS FINAL PLANNED DEVELOPMENT AGREEMENT ("hereinafter "Agreement") is made this day of , 2017, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"), and United Properties Development LLC, a Minnesota limited liability company (hereinafter referred to as the "Owner"). City and Owner are hereinafter collectively referred to as the "Parties". WHEREAS, the City Council of the City of Eagan is the official governing body of the City; and WHEREAS, the Owner is the fee owner of property legally described as Lot 1, Block 1, Quarry Road Addition (the "Property"); and WHEREAS, the development and use of the Property is governed by that certain Preliminary Planned Development Agreement (Quarry Road Addition) dated October 18, 2016 ("Preliminary Development Agreement") and that certain Development Contract By And Between The City Of Eagan And United Properties Development LLC For The Development Of Quarry Road Addition dated May 3, 2017 (the "Master Development Agreement"); and WHEREAS, the Master Development Agreement and this Agreement runs with the land until terminated and is binding upon the successors and assigns of the Owner; and WHEREAS, the Owner has caused plans to be submitted to the City for a final planned development of a four (4) story ninety six (96) unit multi -family senior housing facility on the Property; and WHEREAS, the plans are consistent with the Master Development Agreement; and WHEREAS, the City and Owner hereby acknowledge that this Agreement and the exhibits attached hereto as Exhibits B -F shall constitute the Final Planned Development for the Property. NOW, THEREFORE, it is hereby agreed to by and between the Parties hereto as follows: 1. This Agreement applies only to the development and use of the Property. 2. This Agreement is intended to supersede and replace the Preliminary Development Agreement. 3. The Owner shall cause the Property to be used and developed in conformance with the following plans attached hereto as Exhibits B -F. (A full size copy of this exhibit shall be on file with the City's Community Development Department): Exhibit B — Final Site Plan dated June 26, 2017 Exhibit C — Final Building Elevations dated June 26, 2017 Exhibit D — Final Landscape Plan dated May 18, 2017 Exhibit E — Final Signage Plan received by the City July 13, 2017 Exhibit F — Final Site Lighting Plan dated August 29, 2016 4. This Agreement includes specific conditions to the Property as set forth in Exhibit A attached hereto. 5. This Agreement shall run with the Property until terminated and shall run with the land and be binding upon the successor and assigns of the Owner. IN WITNESS WHEREOF, the City and Owner have executed this Agreement on the date and year first above written. [SIGNATURE PAGES TO FOLLOW] 2 Final Planned Development Agreement Signature Page for the City City of Eagan, a Minnesota Municipal Corporation By: By: Mike Maguire Its: Mayor Christina M. Scipioni Its: Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney City Planner 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 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 Deputy Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 3 Final Planned Development Agreement Signature Page for the Developer United Properties Development LLC A Minnesota limited liability company By: Rick McKelvey Its: Vice President By: Keith Ulstad Its: Senior Vice President STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2017, by Rick McKelvey and Keith Ulstad, the Vice President and Senior Vice President respectively, of United Properties Development LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER, P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 (RBB) 206-34615 4 EXHIBIT A 1. A Preliminary Planned Development Agreement dated October 18, 2016 ("Preliminary Development Agreement") has been executed and recorded against the Property in the office of the Dakota County Recorder on March 8, 2017 as document no. 3181369. The Preliminary Development Agreement contains the following plans: • Preliminary Site Plan • Preliminary Landscape Plan • Preliminary Tree Mitigation Plan • Preliminary Building Elevation Plans 2. A Development Contract dated May 3, 2017 has been executed and recorded against the Property in the Office of the Dakota County Recorded on , 2017 as document no. 3. The following plans are required for this Final Planned Development Agreement and shall be consistent with the approved master plans for the Preliminary Planned Development: • Final Site Plan • Final Building Elevations & Signage Plan • Final Landscape Plan • Final Lighting Plan Platting Uses 4. The Property was platted as evidenced by the plat dated June 6, 2017 and filed in the Office of the Dakota County Recorder on June 22, 2017 as document no. 3197900. 5. The Planned Development shall have a 5 -year term. 6. Unless otherwise approved through the Planned Development, R-4 zoning standards shall apply to the Property. Term Signage 7. All signage shall be subject to City Code standards. For free-standing signs, a Final Sign Plan shall be provided at the time of Final Planned Development for each lot. 8. All building address numbers shall be determined by the City at the time of Final Subdivision. Building identification numbers shall be installed consistent with the City Code Section 2.78. Buildings 10. Detailed Final Building Elevations shall be provided at the time of Final Planned Development for each lot and building. All buildings are subject to compliance with the City Code standards for design and material finish requirements, which shall be demonstrated at the time of Final Planned Development. 11. OMITTED. 12. OMITTED. 13. All trash storage areas shall be located within the principal building for the multi -family residential uses. The trash storage area shall be of a size that can accommodate trash, recyclable materials and (for retail and commercial) composting materials storage, and constructed in accordance with City Code design requirements. 14. All mechanical equipment shall be screened from public view per City Code requirements. New construction shall provide a 30" minimum parapet height for screening of rooftop equipment. Ground equipment and screening shall be shown on the Final Site Plan. 15. The applicant shall provide required additional storage space and recreational space for the multi -family buildings, per City Code requirements, to be identified on the final plans and compliance demonstrated at the time of Final Planned Development. (Satisfied as shown on floor plans submitted with Final PD) Landscaping & Tree Preservation 16. 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. (Satisfied) 17. A combined Overall Planting Plan, incorporating both the landscape and mitigation plantings, shall be provided at the time of Final Subdivision. (Satisfied) 18. OMITTED. 19. 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. (Satisfied with Grading Permit) 20. 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. (Satisfied with Grading Permit) 6 21. A Final Site Lighting Plan will be required for each of the lots at time of Final Planned Development, and is subject to compliance with City Code standards. Final Site Lighting Plans shall include building mounted lights as well as the pole -mounted lighting. (Satisfied) Grading/Topography 22. 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 (All Stormwater and Water Quality items are provided as part of the development infrastructure through the development contract for the Quarry Road Addition subdivision.) 23. 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. 24. 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). 25. 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). 7 26. 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. 27. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with soil boring logs from a minimum of three soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over- excavation/soil-amendment depth, etc.) to maximize volume control provided. 28. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed sub -surface infiltration/filtration chamber gallery system for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration/filtration system cross-section(s), acceptable non -limestone rock base material and depth, limits of bottom fabric, etc. to ensure infiltration/filtration practice is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly maintained to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Utility Plan, Details, etc.). 29. 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). 30. 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. 8 31. 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.). 32. 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.). 33. 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. 34. 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 35. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. (Satisfied) 36. All well and septic systems within the development shall be abandoned in accordance with City and County standards. (Satisfied) 9 Telecommunications 37. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final Subdivision. (Satisfied) Access/Streets 38. The extension of Quarry Road through the development shall be the responsibility of the developer. 39. 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. 40. The west end of Quarry Road shall be designed with an alignment that is acceptable to the City Engineer. 41. "No Parking/Fire lane" signage shall be installed along all private streets within the development. Easements/Rights-of-Way/Permits 42. 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. (Satisfied) 43. A trail easement shall be provided for any public trail that is not located in public right-of-way. (Satisfied) Parks and Recreation 44. 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. 45. 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. 10 02017 weatweed Pr...anal Services. In Site Development Summary- Block 1 EXISTING ZONING: PP. PLANNED DEVELOPMENT • PROPOSED ZONING: PC: PLANNED DEVELOPMENT • BUILDING SETBACK PER CODE: FRONT 40' AND 3' PER EVERY 1' OF BUILDING HEIGHT OVER 35' SDE _ 30' REAR 30' • PARKING SETBACK: FRONT AND ROW = Zp SDE AND REAR' 5' PARKING SPACE/DRIVE **Le 10' MBE % 19' LONG 24' AISLE 9 WIDE % 18' LONG, 24' AISLE FOR COVERED PARKING IN BUILDING Site Data Chart GA DESCRIPTION PROPOSED USE LCT AREA (ACRE) PERVIOUS RATIO BLDG FOOTPRINT (51 PARONO PARKINOG TOT PARKING BLT( T LOT 1 SENIOR HOUSING 83[ 49,933 47 114 161 Site Details El EOM., PAVELIENT4 STANDARD DUTY DERILOCUS PA.POIT HEAVY DUTY • EU. CONCRETE MITER 8 CONCRETE SOMA. AND JOINTNC ; 4C04EIRTE VEHICULAR PANNE. 13 OK NAY SICN SOCP SON Z. ca_ 5 7,2%.DATE PAVEMENT 22 .CESSISLE RAMP Site Notes O REWORD • METAL F.CE NALL BY OTHERS CONCRETE CURB BY DINERS PAYEIENT BY DOERS STEN. HY OTTERS MEW. DT OINKS PAL BY OTHERS CONOKEE 84 LOKI SEN. (REE ARN.> INDUS C.IPS KANKER OREnT(9x ARO.) STEPS A. ANNWE(m MLR) xEDO (SEE ARO.) PIAxTms IEE PUN) 04024 RAISED WOK PLANTAR IKE winsupr PUN) SITE M(e11e1B (R¢PVN) TRA9 xORNER PAD (SELEB MANI Call 48 Hours Galore dlgging: 811 or co11811.com Common Ground Alliance Site Legend Fbs9NB 100029 u PROPERTY UNE LOT UNE SETBACK LINE EASEMENT UNE CURB AND GUTTER RETAINING WALL WIRT FENCE FENCE o TRANSFORMER RIE 9TE MING - TRAFFIC MON re, POWER POLE BOLLARD / POST General Site Notes 1. RAENCROUND INFLRALATION FOR ,VS PROXCT MONDE/ RY AES 1020. ECHN PRATE RN. 2 MCAT.. MD ELEVATORS Or COST.TOPEORMICE AND 1NOOK N,111Rw1(000 UTILITY LOCATIONS PRIOR TO 9000091101/91111111993( ANY 5GBR,.NCTIES PLAN ARE a ER ARE roux, TeX INRRERt 910019HALL RE NOTE. 1 RUHR 70 BOANOMY SORVEY KR LOT 2.111.3. 13111019a. ANO AIDS • NEN99A A PIANS FOR PACT BURK. 1212019ONS AND LOCATIONS OF ECM PANP2 AND Tam DOCKS. 6. ANL ...ID CUTTER BE /1012 uNLEs5 OTHOORSE NOM. 7. I. CONTRALTOS K MR PRON.. AlaITAJNINO TRAFFIC CONTROL DEW... AS WRECK., WA.. SICHS. DRECTIONAL SKS FLAMERS AND WES TO CONTROL INE MOVENENI OF TRAFFIC WHERE PLA0.011 OE VESA DENCES SH. BE APPRO. BY THE STY .0 Ka.. PF4011 TO FLACK., TRAFFIC CONTROL DEVIKS .ALL CONED. 113 APRICHRIATE AMOK STANDARDS • TRIBINC43 111.1.02ENT AND CONCRETE SELMER TO DE IN ACCENDANCE YETI 1112 REC01.0.001.15 OF THE CEOTECENKK 011.2129. 0. CONTRACTOR SEIALL BANTAM FULL .CESS TO ADJACENT PROPERSES COMO CONSTRUCTION AM TAKE KL PRECAUTIONS NECESSARY TO MOE PROMS, 1140. SO MACE. POMMES 111 NIT LIGHTING SHOSN ON PLAN 15 E. REKRENCE ONLY. REFER 10 DONT.. ELAN PREPARE, BY MKS FOR STE L.11,0 DEKLS AND PHOTKETTAC5. Signage and Striping Notes TRAFFIC wC159 ttxcc (Nvr0A NDS. AND WNER TPAATID CONTR. MKS 901 MHO. TO TIE STANDARDS OE THE RDYA RMVAE ON DI OW • oW1 W OTA MK.(TR°^.D SHALLBE a AIDE COLOR 1.721w wars a PAM. wx1ILA0TOR 9110 PAINT ARE. DIRE090 aAAP0 AFRO. As ACLE9ACCIMS914 313 01 000 TD AN 9313 31E 713E m 3, 3 (95 190 RRa.NUH ii ,x0033190 1Au Port 114 ARMS .110 KR.. 31 EACH 4. AA/ SONS 44. INCLUDE POST, CONCRETE MT. An0 O.NO MERE MCCREA CONCRETE CASINO PEOUR133 LOCATONS AIMEE KS7 1014 PROTECTED BY CURS. 44. xs s Alis 9110 EDEID oz, o ra aMw m1lmKN A wrsl A to 1N[ wlm. sicx Laura. A wt.. or A D. ALL SIGNS SHALL BE BE KAM 10 BENNO TE DA. or CARO UNLESS OTHERSIK ROTEL Paving Notes 'N AS oR Y inure (030,103 PRIOR 10 F0AVA9N/CUONSK TwTrcxRIS E>e* RT 19 If ANY D0EPAN0IFS ARL FOUND. INC 0NE7,.IL BE N0,ED D AKA, "E .1 MIDI TO ARPVICIPPAL PUNS MR WEI' BORON° D410190115 LOCCICOIS PO VMS. RAMP. 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BLOCK 17-111 1111111111111111111M EXTERIOR ELEVATION SCALE: 118" = 1-0" 1.1:1.11N1.1.=.111411114-1,34*.AWURRP 16,2 1N.1k 111111111111111111111 --"' ar ,31R -"EY ullulullllluulu 1111IIIIIIIIIIII111; 9TTLF'JOf9CSS4 0 9 EXTERIOR ELEVATION 4.6 / SCALE: 1/8" = 1'-0" 1 MI MN IIIIIIIIIIIIIIIIIIII7!U! -_ Ark i s 111111B IYi111��CON 1101,1101i, STEEL SIDING LULTEPED 570145 [01.(w ED POCK FACE BLOCK - 5 rc g O R 3 om 16-02 11111i� 111111111111 11 1 1 111111111111111 4I — ;�l L =14 E8 ers cal ax SOLNLP ETES nRICK P 18-02 11111111111111111 L 111111111111111111111ffil1 GT 1 MIE MUM SOI Ir. ININg r 5 PREFINATT, snn. srom Zt2g41:- pe 16-02 1.1 *2017 Weelweed Profeeaiona Services. Inc. 0 co 2 w L F Planting Notes LOT Mee nT.CP�`u,.�":6xPo r, nr... ta.nrn ro rw urn OVERSTORY TREE OS Totals CITY tp COMMON NAME BOTANICAL NAME lelSFZEernm _PAM. Sugar MaPle Ace, sac‘loren CAL nil m.o. AS MOWN wO.vx sssvmvx .P.10.1 AB Autumn Blaze Maple Aar x freemanll'leffers fled' a .M Northwood Red Maple Acser rubrum cnhwom•As a wn Swamp Whim Oak quercus bicolorx.s en Pm ve a xA xae4 eRny sus Celnuida5 ORNAMENTAL TREE II9T TA11 ze wa AvAitespire BA, Betula popullfolfa'Whhesgre' ZT2n, ane mom.. Dp JapaneseTmeulnc Syrrnea relleulate SA;Te em ,A, uMa«ry v servlceberm Ainelan.M1er u M.minem ase As 'Awn, EVERGREEN TREE 09 TOTAL) AB Fed Plne pinus re,,.. a es„ e Pssva.m As 5,0vou uxxvrx Black Ms Spruce Picea 2Iauca denstaa 3 0F Balsam Flr Abler halsamea auaus s e la m „pa oaannd es came ASMCWH ei Oene. war020 Honeysuckle D,er.l MB n w MirreM aAa Mnd . AIT -1 Annabelle Hydrangea a, c*, om anberr,bvshV.haum Viburnum rnumtrilnbxmGnmpac„• EVERGREEN SHRUBS 102 C00 Mint ap further l,rnperueannen,'Mmlep• xa sods Yew Tans mepll'Taunton' cce+r, uMowm PERENNIALS & GRA55ES(2,500 sf) so, Argla de Oro DayIlly de Oro CONT. u ac xa ae 2.0. 01.0.c. aLs Rebeld GaVeatt r Llatrs�l atas llbad uxz MayNlµzsmla Salviax aIMch: PPS Prairie Dropseed Spornbolus heterolepsts Standard Ron. 'Royal Standard. urRoyal Edrine a ALS ARE GIVEN ASA CONVERIRNCETO THE LANDSCAPECONTRACTOR THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOA VERIFYING 00UNTS PLANTING,. Tree Legend LARLCCAPE IR diTreATnN TREFS fRY 0111FR41 CANOPY TREE CANOPY TREE /rrEVERGREEN 'REE EVERGREEN TREE J . UNOERSTORY TREE Groundcover Schedule EVICTING SAVED TREE Hand SacTuerantscd �ooc Plne Mu. POR HOD SUBMITTAL NOT FOR CONSTRUCTION Call AB Hoare before digging: 811 or o011811.com Common Ground Alliance FINAL LANDSCAPE PLAN Westwood Westwood Ereo.wwsoma. int 711911/141.pr am Drive MP. ANN weeModp.zerr, 76160 00 120. t1G a1 ?i$ry$ AL m 106. A.0 ARCHITECTURAL PRECAST (COLOR TO MATCH SIM. TO PIERS, ETC.) 2" 2'-0" 1'-8" 2" v 3'-0" (BELOW GRADE) L 7'-9" 2" CULTURED STONE � #5 VERT AT 16" APPLEWOOD POINTE MINNETONKA, MN SHEET 1 OF 1 WGB 11-01-16 2'-0" 1'-4' I- VERT R5 VERT 1 HORIZ REINF 9 GA. GALV. EVERY OTHER COURSE (TYP. ) #5 DOWELS WITH 12" HOOK L 6" 2'-0" 5'-9" L 9 3'-0" (3) #5 HORIZ. SIGN COMPANY TO SECURE TO CAP SIGN SITS ON TOP OF CAP I� #5 VERT AT 16" 1111 3'-0" FINAL SIGNAGE PLAN k Double sided Monument Qty:1 Address Qty: 2 0 O 0 95" If 57" 28" 24" Ln 12201 FILE NAME Applewood Point APPLEWOOD POI TE of Min etonka ph: 651.481.9036 fx: 651.481.0613 1209 West County Road C, Suite 100 Arden Hills, MN 55112 www.fourthdimensioncnc.com CUSTOMER Leis Builders PROJECT ADDRESS Exterior Signage `. ,CITY ) k.TATE N 00 Any and all artwork provided on this page is the property of Fourth Dimension CNC and is protected by all applicable copyright laws and can only ba used by permission from Fouth Dimension CNC. 28" 24" 5" 16" 5"deep - fabricated aluminum cabinet painted MP 36020 intellectual gray Saddle mount, Face painted yellow PMS 142C 4"-1/8"thick alum. logo - painted PMS 5535C 4" -Gerber 3M 1st surface vinyl - bottle breen 220-276 1/2"x1/8" thick line stud mounted 1/4"thick address numbers painted black (2 sets) 4"x4"x120"Steel tube - ( 431/2"above brick cap) Columns - by others CUSTOMER APPROVAL DATE Minnetonka ) (DRAWING/REVISION J !REVISION DATE 1 MN 1 l ORIG. DATE J ` 11.8.16 ) (SALES Jim Davis SCALE) NTS - In proportion ) ` Corrine l) ) Luminaire Schedule SymMl Nty Laoel Arrangement LLf DescrinIion 3 1,A2 BACK -BACK ---__ 0.900 LUMORK PRV-A40-0-UNV-I'4-B2.,2 180, MGUNT ON 25FT POI 5 IWYH 3FT BASE 3 99 015131 p 0,508 I I IMARK PRV-A40D l INV -T3 -BZ MOIINT ON 25FT POLE WITH 3F1 BASE Calrula3on S;'mary _ "'- m Label Cale'iype Unis Avg Max Min Avg"Min Mnx!Mn SI) K GROUND ',luminance Fc 7 18 41 0 0 N A N.0 _ 86 EkSi PARKING Illum nance5.86 Fc 2 00 4 1 6.7 2 86 SE PARHIIVL; IIIuminance_ _ - Fc - - 2 37 3A 1.7 1.34 . 1..75 WEST PARKING !luminance Fc Leh 27 1 2 +55 2.25 Luminaire 1 ncalon Summary - LUIONo Label 6 Y c Onent Tilt 25 AA2 - 2401 602 9 28 0 --- 0 26 BB 225 Sit,^. 28 3°3 491 0 27 BB 165.9 -d31 28 ".23£ 226 5 28 BB - ------ 81.7 - -610.8 28 60,482 0 '50 AAO - - 2.443 -106.6 28 0 0 71 AA2 _—_- 2451 -651.7 29 - 0 -0 PREVAIL SERIES GENERAL NOTES: A. PULSE PRODUCTS DOES NOT ASSUME RESPONSIBILITY FOR THE INTERPRETATION OF TII1S CALCULATION OR COMPLAINCE TO THE LOCAL. STATE. OR FEDERAL LIGNTNG CODES CR ORDINANCES. B. LIGHTING LAYOUT IS. NOT INTENDED FOR CONSTRUCTION DOCUMENTS BUT ONLY TO ILLUSTRATE THE PERFORMANCE OF THE PRODUCT, C. AL'_ READ(NGS;'CAL OULATIONS SHOWN ARE SHOWN ON ODJECTS'SURFACFG. A1r Watts Wm L'rrm_ri 286 '515'0 143 15305 a 104 RsviDti.^,. APPLEWOOD POINTE Z 0 w PAGE 1 OF 1 'c"P5; •.1 A9G 3 1298 Agenda Information Memo July 18, 2017, Eagan City Council Meeting CONSENT AGENDA L. Approve Final Planned Development for Lot 2, Block 1, Quarry Road Addition — United Properties Actions To Be Considered: To approve a Final Planned Development upon approximately 4.5 acres located north of Quarry Road and west of Central Parkway. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The Preliminary Planned Development was approved October 18, 2016. ➢ The subject site represents the northeast quadrant of a four -lot 24 -acre development (Quarry Road Addition). ➢ The development consists of a four-story 183 -unit multi -family apartment building upon approximately 4.5 acres ➢ The final development plans have been reviewed by staff and are consistent with the preliminary approvals. ➢ The Final Planned Development Agreement is anticipated to be in order for execution at the City Council meeting on July 18, 2017. Issues: None Attachments: (2) CL -1 Location Map CL -2 Final PD Agreement Fort =Snellin State ParkAMP +- " ALIA C ofaftan City titCaftan `, y ,i II11% � ���-a /-3-- • D Pilot i ��=''p"a •�/11����� ✓r'/ °° �� 3 Park Location Map p FL) i0 D IDT I I I 1— _ ... • _ • TOWERVIEW ROAD �®®®®®®0 J EH IIIfI!ilk Project ®®®®®83 ®, 2 Block 1 Road Addn.nts ® ,,,,, nsh Quarry awn Park Request: Final Planned Development 0 \S y � 4.. rr �1,1 Case No.: 09 -FD -01-02-17 y � eJOz �OgU� _ _ AD44�.♦ �- A II O '0, ®® Subject Central BT ..•E gr al ■tel. ®®y yyl� � IIIIII VIII C Site Park Park :sri Y uRIVE LE E -.n ., _______2 ' ill 0 4 1 11 1 / MARICE DR / • MilO — O ■ `3— .i — Quarry Park t �— �� ..+ — �[DIDIIImm 8 .'� ME w i VURWF. % + /I - Lone ak.RE Immm y �r [R 0 11111 raaxea 000aie Ra �s 1 CSUNTY R•AD NO. 28 (YANKEE DOODLE ROAD) P MK � ` I 4, ST STW . �r HIIN W ' OifFley Rtl l 11 . .:2: LT.• I •• . lIl �� o t Map Area E ent RES a• , �/ Gliff Rtl •�, ••� IEB - :Ilii; •UR Iti• 1!� �t� • A# • ••••=1••••••11 oill•••••=1••• m• ; M. MI 1 1 s ..ff IPP$ L ,AMI Park , , LL 1"`,'1 , IIA , ,'� , ill P111.1 113 IA �c� I ., bue,,,,,, --:_gym:rmmimmi, �.�I . ''r� VIOLE �, LANE •-_,��-._�'—/� �I�I,'� I I I Feet ,�� u, St ' 11 �U ��41R 0 500 1,000 I I I I ATHBUIV ROgp I II FINAL PLANNED DEVELOPMENT AGREEMENT Lot 2, Block 1, Quarry Road Addition THIS FINAL PLANNED DEVELOPMENT AGREEMENT ("hereinafter "Agreement") is made this day of , 2017, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"), and The Quarry at Central Park, LLC, a Minnesota limited liability company (hereinafter referred to as the "Owner"). City and Owner are hereinafter collectively referred to as the "Parties". WHEREAS, the City Council of the City of Eagan is the official governing body of the City; and WHEREAS, the Owner is the fee owner of property legally described as Lot 2, Block 1, Quarry Road Addition, Dakota County, Minnesota (the "Property"); and WHEREAS, the development and use of the Property is governed by that certain Preliminary Planned Development Agreement (Quarry Road Addition) dated October 18, 2016 ("Preliminary Development Agreement"); and WHEREAS, this Agreement runs with the land until terminated and is binding upon the successors and assigns of the Owner; and WHEREAS, the Owner has caused plans to be submitted to the City for a 183-unit apartment building with 311 underground and surface parking stalls on the Property; and WHEREAS, the plans are consistent with the Preliminary Development Agreement; and WHEREAS, the City and Owner hereby acknowledge that this Agreement and the exhibits attached hereto as Exhibits B -F shall constitute the final planned development for the Property ("Planned Development"). NOW, THEREFORE, it is hereby agreed to by and between the Parties hereto as follows: 1. This Agreement applies only to the development and use of the Property. 2. This Agreement is intended to, and does, supersede and replace the Preliminary Development Agreement. 3. The Owner shall cause the Property to be used and developed in conformance with the following plans attached hereto as Exhibits A-E, each of which complies with the Development Agreement and City zoning and building codes. (A full size copy of each exhibit (except Exhibit A) shall be filed with the City's Community Development Department.) Exhibit B — Final Site Plan dated June 12, 2107 Exhibit C — Final Building Exterior Elevations dated June 12, 2017 Exhibit D — Final Landscape Plan dated June 12, 2017 Exhibit E — Final Site Lighting Plan dated July 11, 2017 Exhibit F — Final Monument Sign Plan dated July 11, 2017 4. This Agreement includes specific conditions to the Property as set forth in Exhibit A attached hereto. Nothing contained herein is intended to be an agreement by Owner to assume or complete obligations required to be performed by the developer of the Quarry Road Subdivision development project of which the Property is a part. 5. This Agreement shall run with the Property until terminated and shall run with the land and be binding upon the successor and assigns of the Owner. IN WITNESS WHEREOF, the City and Owner have executed this Agreement on the date and year first above written. [SIGNATURE PAGES ON FOLLOWING PAGE] 2 Final Planned Development Agreement Lot 2, Block 1, Quarry Road Addition Signature Page for the City City of Eagan, a Minnesota Municipal Corporation By: By: Mike Maguire Its: Mayor Christina M. Scipioni Its: Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney City Planner STATE OFMINNESOTA ) COUNTY OF DAKOTA ) ss 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 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 Deputy Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 3 Final Planned Development Agreement Lot 2, Block 1, Quarry Road Addition Signature Page for the Owner THE QUARRY AT CENTRAL PARK, LLC A Minnesota corporation By: Ryan C. Dunlay Its: Vice President STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 2017, by Ryan C. Dunlay, the Vice President of The Quarry at Central Park, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER, P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 (RBB) 206-34615 4 EXHIBIT A Platting 1. The Property was platted as evidenced by the Quarry Road Addition plat filed in the Office of the Dakota County Recorder on June 22, 2017 as document no. 3197900. Term 2. The Planned Development shall be completed within 5 -years of the date of this Agreement. Issuance of the Certificate of Occupancy is conclusive evidence that the Planned Development conforms to this Agreement. Uses 3. Unless otherwise approved through the Planned Development, R-4 zoning standards shall apply to the Property. Signage 4. All signage shall be subject to City Code standards. For free-standing signs, a Final Sign Plan shall be provided at the time of Final Planned Development for each lot (Satisfied as shown on attached plans). 5. All building address numbers shall be determined by the City at the time of Final Subdivision. Building identification numbers shall be installed consistent with the City Code Section 2.78. Buildings 6. Detailed Final Building Elevations shall be provided at the time of Final Planned Development for each lot and building (Satisfied as shown on attached plans). All buildings are subject to compliance with the City Code standards for design and material finish requirements, which shall be demonstrated at the time of Final Planned Development. 7. All trash storage areas shall be located within the principal building. The trash storage area shall be of a size that can accommodate trash and recyclable materials, and constructed in accordance with City Code design requirements. 8. All mechanical equipment shall be screened from public view per City Code requirements. New construction shall provide a 30" minimum parapet height for screening of rooftop equipment. Ground equipment and screening shall be shown on the Final Site Plan. 9. The Owner shall provide required additional storage space and recreational space for the multi -family buildings, per City Code requirements, to be identified on the final plans and compliance demonstrated at the time of Final Planned Development. (Satisfied as shown on floor plans attached) Landscaping & Tree Preservation 10. 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. (Satisfied as shown on attached plans) 5 11. The Owner or developer 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. (Satisfied with Grading Permit.) 12. A Final Site Lighting Plan will be required for each of the lots at time of Final Planned Development, and is subject to compliance with City Code standards. Final Site Lighting Plans shall include building mounted lights as well as the pole -mounted lighting. (Satisfied as shown on attached plans) Stormwater Management/Water Quality (All Stormwater and Water Quality items are provided by the developer as part of the development infrastructure through the development contract for the Quarry Road Addition subdivision.) 13. The Owner 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. 14. 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). 15. 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. Utilities 16. The Property shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. (Satisfied as shown on attached plans) 17. All well and septic systems within the development shall be abandoned in accordance with City and County standards. (Satisfied) Easements/Rights-of-Way/Permits 18. A trail easement shall be provided for any public trail that is not located in public right-of-way. (Satisfied by Trail Easement Agreement dated May 3, 2017) Parks and Recreation 19. This development is subject to cash park dedication for the Property, payable at the time of Building Permit in accordance with the Park Dedication Agreement dated May 3, 2017 which is recorded against the Property. 20. 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. (Satisfied by Trail Easement Agreement dated May 3, 2017) 6 m 1 >< w 151114 • • I ARCHITECTURAL SITE PLAN SCALE POND/WETLANDS 0 KEY TO NOTES p..Esm,,...�.a...,::..., nc nn,o.cassrwr� o.u. eE, o C> OUNIN6 SITE PLAN GENERAL NOTES NOTE: ORIGINAL SHEET SIZE 30"X42"; SHEET 'PRINTED TO FIT' 22"104" fmndaniek n. room, wool 151,90325 Mt *Moe 1,11.1.01A QUARRY ROAD APARTMENTS EAGAN, MN 1555 QUARRY ROAD EAGAN, MN ISASAND REVISIONS MAL PO PIO•FIEVIST01.1 06.2.101, SHEET IIILE: 517E PLAN Al 00 FINAL SITE PLAN r .. L.. 55'55555-- • ( 1 55.51, e[LIIr11� e- 55- • 1[1_0 taCL p C io ITC l • Lim hL11 t� . ITL rl m 111: I RAM r EAST ELEVATION P 1/16"= 1, I/" E u I/Wf.rjI Jftt 5.f- ! 3.� tEl: LI_L L/16 rli� ■:::: ::: :I u� 1 1 1: 11 1GLI'�slgj I;I' MI _ s- •__ J ___1 �� er FI t 1T w r111 1AI GB ■ 0.13009.323 2257.3.36 20720 5 Ms ru, 31, J Lu r r 1 1 r z w 0 B 16' 32' 64' 1 w PIP"- .390gabso I I! 1 WW1 �1JI_ I 0s it alb? :v r jrl -ter L. i■mak- ' Pl i� rl .� -- w._ moM� _. =MN ■ _ in sown II 11W1I�I I r7_7I.I 111 I: 3.310 901E se L_ 1 WEST ELEVATION 1 7.0 POOR 29322 UM 2 6.331,x, 011 n.. 0 Innndaniels 250 Foal PalormsSule 101 S. 0353.1.1.5012,3155 851.5955525 MSULTANT : c O w X 0 B 16 T. w 0THE QUARRY AT CENTRAL PARK Z1555 QUARRY ROAD EAGAN, MN J GENERAL ELEVATION NOTES 66 MUG 11165/163,91CAL 4. KT fP. TO 4/6501 al. flASMIHI-61-16116/1,11661111.6101/6116116/1011W/IL S. liff 611-0 DRAII /111,11l,151”,,, AND -fpill3 FORINSIDECCIMA AND 011/906.11111. VA, Si/6MM MIMES. AL 0 SOK,. 606APP11.61L6 haffS,Bli...0165.6 6.1116/706 UPI ECHICA1,1111.1611-1 601111116,01116-1 WHERE MIDI In/UK/ Al ETHAN, FROM fAtE W91., 1.10 ALLFATEN %YALU TO fIf MINIM or 6411.4,6610/6 Inif :Will ROCA 40 6146. I/ Alf PIO MO -1f/ 61.10.1.(01.1/S TO if KC/ 169,6,11,161/141.0.4 frfLIAIPPCIPAIAll ifli APP OVAL 1170 LSEE _BTE E A301 fOR TYPICAL KEYNOTES ON ELEVATIONS AND KEYNOTE LEGEND J Z rcRoo ORIGINALSHEETSIZE3O%42"; SHEEr'PRIMEO TO FR' 22"%34" loom AY II C1.16[6f0 BY. 15560.010 66VISIOXS. FINAL PO • 116V161011/1 0606 MI) SHEET TIRE: EXTERIOR ELEVATIONS & MATERIAL SCHEDULE A300 MATERIAL SCHEDULE MATERIAL BRICK (INTEGRALLY COLORED) (LOAMY OLO wRNDow (INSULATED GVSS) Boon (INSUL/ALUM FRAME) cw/ FDRMLINER uP/BAND w IU(MASONRY) VANDowSILL (MASONRY) SYNTHETIC NF,ICSTUCCO LAP SIDING (CEMENT BOARD) TRIM (CEMENT BOARD) TOTAL MATERIAL CLASS CLASS CLASS CMSSI CLASS III CLASS II CLASS II CLASS III CLAM. CIA55III 3332.50 1 67 PLANE W 22.63 if. ., x o0. ~. . x .xs 1.61 MIss. z x. PLANE 16 IWO ..av 100.00 PLANE 1E1 sr m um r. .. u. x 37.90 PIANf'G' xom sy- ..ss. s, _r. -vum r. a o os, z xal f. RwNF'X r. 23. so s.. 113.. ammo sr. z PLANE r nom s 0500s zsem r. e, e. 99 33 Doc. _n y u3. • sr. rn ,m.n PLANET391.60 sr- a sr s. ss. r, so. 25 39 mes 0 00 .75 nse 3505 Lam 10.2 ,.0 sY- PIANE'L' a. sr. X r. sr. e w z. xsm sr. I'''.ss. .L' `m r- ,mm 6.716.66 s� RIANE'M' 1.. sr. 19 66 18.1s 1.21 16.32 n „ms z cxx HAWN'3.73691 .r. e. u. ar. sr. as )1 Ham 007 ,u x un Di sr- 5. yen ss 3379 usv .. mm� sr. PIANE'P' n Moo sr- o ss n. zv' 6.36 mm sY. MANCE!'z'' z z e. r. xx ss. s,, 27/06 AAA x rvx 320.00 PIANF'R' ss�m sr am sr- .. 90 s. sr- z 11.75 m s. i67/75 s. .6ro r. sP.'x. :r. ,� .r. xa'm 1 : 1.930>r. 113. Io ,x..r: .. 2.1 'n=,r sN 9,3. �u�4e ff SP. TOTAL zar . r,x®Ex w 0THE QUARRY AT CENTRAL PARK Z1555 QUARRY ROAD EAGAN, MN J GENERAL ELEVATION NOTES 66 MUG 11165/163,91CAL 4. KT fP. TO 4/6501 al. flASMIHI-61-16116/1,11661111.6101/6116116/1011W/IL S. liff 611-0 DRAII /111,11l,151”,,, AND -fpill3 FORINSIDECCIMA AND 011/906.11111. VA, Si/6MM MIMES. AL 0 SOK,. 606APP11.61L6 haffS,Bli...0165.6 6.1116/706 UPI ECHICA1,1111.1611-1 601111116,01116-1 WHERE MIDI In/UK/ Al ETHAN, FROM fAtE W91., 1.10 ALLFATEN %YALU TO fIf MINIM or 6411.4,6610/6 Inif :Will ROCA 40 6146. I/ Alf PIO MO -1f/ 61.10.1.(01.1/S TO if KC/ 169,6,11,161/141.0.4 frfLIAIPPCIPAIAll ifli APP OVAL 1170 LSEE _BTE E A301 fOR TYPICAL KEYNOTES ON ELEVATIONS AND KEYNOTE LEGEND J Z rcRoo ORIGINALSHEETSIZE3O%42"; SHEEr'PRIMEO TO FR' 22"%34" loom AY II C1.16[6f0 BY. 15560.010 66VISIOXS. FINAL PO • 116V161011/1 0606 MI) SHEET TIRE: EXTERIOR ELEVATIONS & MATERIAL SCHEDULE A300 m..,, o 11 til. wIE JI'II'I "IIiI111�� til Akin :, I� IIIIIIIIIIIIIII l,A CI SOUTII ELEVATION PLPW .41101111i\- 0 P!1N 1 'IIIIIIIIIII1IIUI -1 /01.ST PIPPING 11111111FM �orsa�sIl I114IIII IIII IIIIII SOUTH COURTYARD -LOOKING FAST U,N ELEEXL. ISSN CY 4' 6' 16' 0. GARAGE POOR ELEVATION KEY NOTES . O aw STON, MIXT, E E.EN„m ANOO mFS DOwNsmuT ©EMEWS- WOES PASS OE. En,NEE,�ONsu RE¢u.rmnEEEn MONUMENAE® (13 NEDAR, u,L®v. © ce ISANSESCISPER 1.1313 EMI PM HE D® 0,o SIND�OE.AtiO COLOR. IONA DI ▪ RRAVES EC 11/ 4E1 AusiSESSEIa ® ESERY SIZE • PIMPS TOEIS OECOPSE. EEO BEM O Bw m E .R x olxxOE.OMmR g EMI pI ®;SPFIS INDOOR AND ER.NEW.GIASEAS LW/NEER. APPROVED EPUSL COLOR 1.0.4ICS NSIDLED ANUOIMI ESN. ENE MEL BUCK Q N LLSETS OSIONE I. MEER EASEL COL SPALUS1.4.111.0..011/ASEED CRId EKE 1.013E1,1151 MIME ;ECEL=:1E.11EfLO:EfInEZZICS. On/ROOr BEYOND POW 0 CAMPER loouerE/x,A� avrav'' Q m FINISH 1.1. CACINASPHALISIIINLLEFOOP.1.0.11011 EPER TO MENANICAL LIMNING, OEx tnm ua;nxu r.EVRwm Ea u Era RYO COSSIAUCTIONVESCLS .'""'';ER.rolnn EE IZA CAwrvnson.i10 L. EmUNDAn011.11w/EORE.N.ERauL ▪ M ,ODwYON O.a.E ORofN.x�� SUSHI RESTRICECIS CLEARANCE SKIIAGE Om<�oNni-REaN,00 uw,EDRNNxER., EOM 8111 O � ▪ RE WAN- MAINTAIN MINIMUM 1,0. ILEARANCE 10 ALL OPENINGS C, RONDE EVANSON AND uOff.w.,ERON as G IV/ POOP LEHL TRANSITIONSAT SI. EEO ON • O 4' 44,..6E POOP atntmeu/pLumwm BUILDING KEY PLAN AREA 81. ARCA'C' 8888 110 — .301 — • 2 GENERAL ELEVATION NOTES I. MECHANICAL PENEIRAI;I:VENT...,L x,„ CNATC4ANICAI PENETRATIONS C.41-41‘ RON MU MURAL ENGINEER '''"EsC°{ol'AT'PLTAZEtITY.TrE''Ayi Ti SA ye rib ru. .CIOR IS RLSPO.10LL KY, DOCUAIENISINMUOIN4UPAH9,163.SPECIRCATIONS Of ALL A MOUNT ALL COUSIN WI, 1,111,1X.111.1:3 A 1=0E110 ELELSTICEIT HUD ELL E -MEE PROW. EIC. MESE 00{ OPININGS,ORIZONTAL AND VERTICAL OF DISSINI41i 12 ALL PATIOS. P °FICHES AND MCON'ES TO BE 54.E0 1/8. PEN 1,0•1.111, NINA. REFER TOPPPROPRIATE SECTIONS AIL PROVIDE FINK.. MAME. INCLUDING MECHANICAL / MM. / ORIGINAL SHEET SIZE 30'842 SHEET'PRINTED TO FR' 221034" n indarnels �1, 9.301 CONSULTANTS: PROIECI: THE QUARRY AT CENTRAL PARK 1555 QUARRY ROAD EAGAN, MN 11.016 CMECKIO ISSUES Al," RPASICINS' ORM ANAL PC, • RENSION DR 09.10, SX EE fir LE EXTERIOR ELEVATIONS A301 AOMEIMID 1''1.11111 111111111111111 1 8111 1:10 11111111111111 111111111111111111111 111 111 II IIIIIIII II IIII 111111111111111 II 0NORTH ELEVATION 1111111111111= KGD IIIIEII -31116 S1111111 k111112 q 11111111111111= el �Ilee d11111110111111I11= 111 lib IIIRIII1111: P MEM FAST COURTYARD—LOOKING NORTH ELnn »ns� SEWS 1 EL,m p BUILDING KEY PLAN Ie AREA r AREA IV r— — AREA 'CA GENERAL ELEVATION NOTES MC CUM MIC. IA Is 0.110MS CM- C C610 OK OS MIS SO CCM., 10,012/PS01. MAS03., S./..03 MID 7M. SO0. CISME COMMIS AIM OCISMS. COMMA COMSCSIOSS MEM.. MAMMAS SPAMSMOMS. MKS SC COMPLETE SC! Of ISSUED CCRITIMCS SICCUMINTS INCLUDING ORAWINGS SPSOCCMIONS. 6 PAM IS TOMMIE AWAY {SON TIC MOMS MUCH/MB UMISSIMASMEn. DOOM LICIRISCS COMMIS PPM AS SO TOMS. MO NS MA NOTE: SEE SHEET A301 FOR TYPICAL KEYNOTES ON ELEVATIONS AND KEYNOTE LEGEND wcr..�wx�u�l=�x.�ax I NOTE: ORIGINAL SHEET SEE 30"%41"; SHLET'PRINTED TO FIT' 22"139" riimidaniels o= < CONSULTANTS: PRDIEGT: THE QUARRY AT CENTRAL PARK 1555 QUARRY ROAD EAGAN, MN 16048 MAX CISECCES PPM EXTERIOR ELEVATIONS A302 �=NYEN- n11 I�1111111111111 =9111111111111111 _ IIIIIIIIIIIIIII -14•41 ,-�,M11EM. .Q� - ---------- -- KMMAfYYYfAIYtt':`IY pj �rlll'LYM.LIIII�f�11111LLYl�� ENLARGED ELEVATION - WEST A903 1/3` 11111111111111 11111111!11111 'I1 1111111111111111 =11111111111111.. N1111111111111111E: �• 111111111111111 1111111111111111: 211111111111111 L, 111111111111111111 111111111111111 11111111111111 =11111111111111 .g: ENLARGED ELEVATION - NORI HWE.ST rola LTA 1111., VC [uss sTle —� [Eaal.< R GARACE FLOOR G7 LLYELS AREA'A' BUILDING KEY PLAN AREA Dr AREA'V E—- AREA'D' GENERAL ELEVATION NOTES TO OPERABLE C-0011,145. PE CIS TES, C/FISSUEllCarl,n0[1011.,X,11,111O „GOP... 6P„iiKATION15 O1: "1A. M=7417;17=11=ZBOP4LrIPZErZ=„7110F 6...E6 .0,111.,LegalilOil MD WALLS TO in MINIMUM Or 61.0 MOW TIE IIINI,1,001,110, PMAT Or LECIIIICAL MOW, ,I01,0 NOTE. SEE SHEET A301 FOR TYPICAL KEYNOTES ON ELEVATIONS AND KEYNOTE LEGEND NOTE. ORIGINAL SHEET SRE30D012'; SNEET'PRINTED TO FLT 22.X34" firmdaniels ESADMI FENNELlArSRHP-AlF„NR„IR CONSULTANTS: PROIEGI: THE QUARRY AT CENTRAL PARK 1555 QUARRY ROAD EAGAN, MN YIAWki ISSIS ISSUES PSFISICt, IR, REI/510X 04 SHEETTITLE: EXTERIOR ELEVATIONS A303 A•.iroim� -omam_ ipssim __-o- �— —!m miml - A - Nmol 52lm- m11 -- �. 11!;IIIIII I IIJIIIIIIIIIIII— -r--, 11111111111111= ' IN 1L'il_ _! Fl=11111.11111111111 I� I"Iii...eutllll =111VIIIIIIII111- p1111111111.1111P_I Ierl I 1111111111111111111 11116 MN E111111111111111= —181 21111111111111111= -1111111111111110.,: I 1111111111111111w._ _ II MN a ` d J?l i il�R11 !1 IN1_ Cm WEEM----------- _ar:u�R_'u_w_��;E � rtitt.m :. �ioe aiJn.EE I��j�A�G�---•"—"—�LY;L.L'JYYM-----=�—�--••----•==----�1: � �ENLARGED ELEVATION - SOUTHWEST /8 =L'a' APPLIPMENUS 4'' _i1111111111111111110 11111111. �ii 1�111271111111111111111111 11-1 I:i� 11-1el =111111111111111- I=IIIIIIIIIIIIIII = Vlllh!11. ��s IIII, ;� I 11111111111111 111111 1111111 r �-1 111111111 11111111111111111 `.'ENEARGED ELEVATION - SOUTHEAST ACES 10111 PEERING EVIL WILE EU O P 3' 16 PREP 'A' BUILDING KEY PLAN AREA r AREA .0' 01 GENERAL ELEVATION NOTES CLE .1E510 SPE USED 111111111611.1,8181101 CP 881.15116 5841 BF Of C04011501.1.101 ADIESINS WIPED, NG 51118115, 11PIC, 51888180.11.10P maws/ roanancu PEOPPIEHIIIITS 5.11.5 !TROUPE 11111111CP PIELLSPEAIHIPP, 6.1,1E.E.8:511=SLE51EXPEP111115/818,81018,1411111111.1ASCPIPP PEKES PO COOPOPEPTED KEEP TO COMPLE11581 OP 15511E0 COWPER 000851111151.181016 OPAWINGSASPEOPLEMPIS Of 11511101/1,5 SO PE 1.1111111111.101618CPES EELOW181 WISP SLOOP APO GSPDE IS PO SLOPE PPP 5811131.16. ST EESNE ET P301 FOR TYPICAL KEYNOTES ON ELEVATIONS AND KEYNOTE LEGEND ORIGINAL SHEET 30"K4i3 SHEET 'PRINTED TOOFIT 33'%3, '�mnC�aniels 8 u30s CONSULTANTS: THE QUARRY AT CENTRAL PARK 1555 QUARRY ROAD PAGAN, MN ISSUES MID MMUS, EXTERIOR ELEVATIONS A304 s- , 11 1111111111m. R. E. 1111111 111111U • E- 1111111 1111111 1 111111 111 1M. 117.1 E- 1111111 1111111 I 1 10111311 1111111 1111111 1 i 1111111 1111 1111111 111111 1111111 1111 III 11111111111111 11111111111111 Lt in 111111111 11117E 202.1211 ENLARGED ELEVATION •- NORTHEAST A305 1 /8, V.A. 2133WAIL ° Emor Erm 11111111111111111 ==-- _ 111111I 1111111 : 11111111 11111111 ENLARGED ELEVATION - EAST COURTYARD LOOKING WEST 212/123e ADEN NV BUILDING KEY PLAN ' I AREA T r-- - GENERAL ELEVATION NOTES El..2147:;23.2a-1202110.221. 22321.211,11 02 t12122212611,12 BE 02 C01.0111012/6201 Al/lACENT EXTERIOR 3 22.102116.12112121120.0011./20111206110121120.22222621112. A 63222 201.22,322/ 3232 132616231_11.661116 AIP212216111062116163262 62121110113,31.22.112624. S. ASK121616112211.216A503.2.22, 21/1502.6/631132•22,2523203.1122102 66126223122 62625162 c2332126 1.11,11.111111.1.4AIL111,111.51TIO, 6 12,r=2,12,23121=ZR611.1214131611.3.1.211:2111W162121.1A3C2222 221120110 C0126.162,112/ ''f1.7.1gPFZE;r011T21.1%r2=2=0C2=:41=== P6C2=027 COOADINATION D6WC22.210112,2110122.103,62.161126211111501112112112K1261216W,202111, 3.12222-212.122/62.162332,11611111222M125011-1..211011. 021112 22(211R2.15.1,2.11211.21.162 612.6.2.2,2112621212161631.112062116612.1112.21A13111.136•11. "3712-717J21=r=2=2:2r===6721'1311"1.2"C2172317:110'11T4r1011112 .65.MLARMATFRIALSIAATMAL TRIM, Man. AND arxtri wrArrmi turnro li,„pyrDEAINATER7IGHT am. „GAO. Avo SMOS WATER FR[rern,. 12. au F.Ari as, mycnri At4L, HAL c m1r3 1', X, r YE^ In N1M I, M. PL «, 13.6 6. 5122.11 NOV. 5•1231.5. LW ALL 2321-Iniall.13.121MAL2 1,2621261.161.1201AMICAL 2.232121111, IlES1312.32,2021016612201,1122223,123.96101111V211 Al2,3 61311ALL NOTE: S(ESHEETA3OI roR TYPICAL KEYNOTES ON ELEVATIONS AND KEYNOTE LEGEND NOTE: ORIGINAL SHEET SIZE 30./412", SHFET 'PRINTED TO FT 2$150" ruin claniells 212161111“.15 115 ..145ty.Sule 301 PeaNime.gla 55116 651E903525 wiWfm-rlareel.i.c.orn CONSULTANTS: PROJECT: THE QUARRY AT CENTRAL PARK 1555 QUARRY ROAD EAGAN, MN 296.1.17110- 16066 On W 14 PI NIM -1 ISSUES 2...32121316215 SNEE TITLE: EXTERIOR ELEVATIONS A305 02015 Westwood Proleselonol Services, Inc. draX7iiillintallr? A A ,1111► ori 062000 MULCH MR) 1 PE 1 JL ROCK MULCH () mr.a w�w�rrr'�rll� Tottir 2 ED �I 5 CNA EDGER CPT') ROC( MULCH (TYR ) 12 500 $HRED0EO HARDW000 MULCH (TW.) ROCK MULCH (TVP.) W SEEDING/ SODDING IN THIS AREA TO BE DONE BY MASTER DEVELOPER MITGATON TREES BY MASTER DEVELOPER STORMWATER POND (BY OTTERS) • ..OPE--Y J fAVA 11^.21 \- �J dab 000eee _.. AR@ • 1 JL 2 \ Dent Schedule Call 4B Hours before digging: 811 or caIIBll.com Common Ground Alllonce LAINEK REE n of BOTARMAL HMG Wm.x mralnem OM OM MMOEM UNDERSTORT TREE - 19 LP EVERGREEN TREE -9 MM. Plne SXUPS/ PEP 100Ii0LS 691 Bit SMOIER AS GOWN COM omonoldearmT senna.°A N Win. GI. Hove ImihecLIEMEMstruire cc o Tree Le end LANDSCAPE IT EES MITIGATION TREES( BY OTHERS) CANOPY TREE I \ CANOPY TREE VERGREEN TREE EVERGREEN TREE 0 UNOERSTORV TREE Groundaover Schedule EXISTING WED TREE Westwood L Ledo Teppocl • 6/12/17 _ 26980 1 Rene Kt Rue Prepared fm: Stuart Co. 1000 Weer ROth Street MinneapoW, Minvmn, 55420 Quarry Road Apartments Beann, MN 0' 30 60' o., 6/12/17 Ohre C600on 6J Landscape Plan Private ProJect Na 17-m'.H' 1 FINAL LANDSCAPE PLAN 1Pd MLA,/ SeltTolerent sed Shredded Woad Mal. (Perennial.0 j k Velcb pens er Trap Rock, GraYColw Westwood L Ledo Teppocl • 6/12/17 _ 26980 1 Rene Kt Rue Prepared fm: Stuart Co. 1000 Weer ROth Street MinneapoW, Minvmn, 55420 Quarry Road Apartments Beann, MN 0' 30 60' o., 6/12/17 Ohre C600on 6J Landscape Plan Private ProJect Na 17-m'.H' 1 FINAL LANDSCAPE PLAN LU m Z 1. Standard Reflectance of 80/50/20 unless noted otherw 2. Not a Construction Document, for Design purposes only 3. Standard indoor Calc points @ 30" A.F.F. unless noted otherwise 4. Standard outdoor calc points @ Grade unless noted otherwise 5. Mlazgar Associates assumes no responsibility for installed light levels due to lield conditions, etc. Calculation Summary Label CalcType Illuminance Fc 0.93 17.4 0.0 N.A. N.A. Overall Site East Parking Illuminance Fc 1.37 2.7 0.7 1.96 3.86 Overall Parking -Pedestrian Walks Illuminance Fc 1.4B 17.4 0.0 N.A. N.A. South Parking Illuminance Fc 1,21 3.5 0.8 1.51 4.38 West Parking Illuminance Fc 1.86 3.5 0.5 3.72 7.00 West Upper Pausing Illuminance Fc 1.07 2.1 0.4 2.68 5.25 FINAL SITE LIGHTING PLAN Luminaire Schedule Symbol Oty Label Descrip ion A rangement SINGLE Total Lamp Lumens N.A. Lum. Lumens 2059 Lum. Watts 22.2 LLF 0.900 0 8 A LNC-9LU-4K-4 - 2 B GLI -60L -4K-2 SINGLE N.A. 14984 135 0.900 1 81 CLI -60L -4K -2 -BC SINGLE N.A. 11052 135 0.900 9 4 C CLI -60L -4K-3 SINGLE N.A. 14987 135 0.900 9 6 C1 CL1-62L-4K-3-BC SINGLE N.A. 10066 135 0.900 '] 17 O 1 1 31 E CL1-60L-4K-4-BC SINGLE N.A. 12392 135 0.900 - 1 El GL1S-16L-4K-4 CL1S-16L-4K-4 BACK -BACK SINGLE N.A. N.A. 3981 3981 38 38 0.900 0.900 J 6 F WD134OBUE-DUN SINGLE 954 954 15.37 0.900 [] 6 G WD2340BUE-DUN SINGLE 2032 2033 __ 31.13 0.900 J z 0 in C. TO COORDINATE 12'-6" 2'-0" 8'-6" 2'-0" 8'-0" GROUND MOUNTED SIGNAGE SITE LIGHTING, SEE ELEC. 6/____ (TIP. @ 3 LOCATIONS) COORDINATE W/LANDSCAPE 12'-6" — MASONRY CAP 0 N 2 a co N p PLAN BUILDING SIGNAGE (SHOWN DASHED) BY OTHERS UNDER SEPARATE PERMIT MASONRY CAP MASONRY TO MATCH BUILDING (BRICK) MASONRY BAND MASONRY TO MATCH BUILDING T.O. 24" X 24" CONC. = FINISHED GRADE 24" X 24" CONC. PIER 3' 4" X 3'-4" X 12" CONC. FTG. MONUMENT SIGN DETAILS NOTE: G.C. TO COORDINATE GRADE RELATIVE TO SIGNAGE PRIOR TO CONSTRUCTION. ELEVATION FINAL MONUMENT SIGN PLAN SCALE: 1/4"=1'-0" Agenda Information Memo July 18, 2017 Eagan City Council Meeting PUBLIC HEARING A. Dakota County Road Right -of -Way Map #272 Easement Vacation Action To Be Considered: Close the public hearing and continue consideration of the vacation of public drainage and utility easements per Dakota County Road Right -of -Way Map #272. Facts: On May 31, 2017, City staff received a petition from Marlon Danner, the owner of property (PID 101200077020) along the south side of Yankee Doodle Road at the border with Inver Grove Heights, in east -central Eagan, requesting the vacation of all public drainage and utility easements. ➢ The easements were acquired by the Dakota County Transportation Department to provide for public drainage, in conjunction with right-of-way acquisition, with the extension of Yankee Doodle Road (CSAH 28) in 2003, with due compensation to the property owner. The cost of the easements was split between the City and County on a 45/55 split. ➢ The purpose of the request is to allow the recording of a final plat of the property for the proposed development of a storage facility. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ All necessary public drainage and utility easements on the property will be dedicated as part of a new plat, at no cost to the City. There is one public drainage and utility easement that is no longer necessary for public purpose that is proposed to be permanently vacated. ➢ Council action on the vacation should be continued to the consideration of the Danner Family First Addition final plat at a future Council meeting. ➢ Notices for a public hearing have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. No objections have been received. ➢ This vacation request has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action with the final plat at a future date. Attachments (2) PHA -1 Location Map PHA -2 Legal Description Graphic I-494 APPLE VALLEY Map of Location for Proposed Easement Vacation Dakota County Road Right of Way Map No. 272 Prepared by: City of Eagan GIS -TMS File: L:\USER\ENGINEER\TSTRID\EASEMENT VACATIONS\DC ROW Map 272.pdf Revised: July 13, 2017 o r, ZA V1> ."n 3 o + V I 0 0 C= o A T� __. a -08Ow N.f00. O p O S ff NCON m0 a•.- 0_ O w0 0, n (0 0 0 0 o w 11 m o O .< 00 OT w ^. OZ a ,c V O o o ° 3 < U _ a o a o 2 ni moo 3c22 zp O'S -2 a uI oo 2 vN0m rna9'c '.3 ie m o o p 2,2 a O p 0 a o ni oj oDN CL i ° O o m > rq ag. x ca -. mw fn .2 z c m ; i s m m -a z N O •c A In --I N O N 0 V1 O 0y O•Jc_ o.�c c2 c5D m" � 2 o m � . N n O N N 3 O - W O 7 O 0 M y O .- y3 <om 5 2 z o > alDDS o} TON GOPHER _AGAIN IND S TIAL. SO PARK 5TH ADDITION O PIZNEERengineering CTVIL MOWERS LAND PIANNPRS LAND SURVEYORS UNUSCIP0ARCAl1EC1'8 a C;l DRAINAGE AND UTILITY EASEMENT PER DAKOTA_ 01 COUNTY ROAD RIGHT r� OF WAY MAP NO. 272 O 8Z '0N Od02i )dNf10O (ad02:1 314000 33> NvA) 0 0 I C -H c) fJ .n) r C7 CJ O C7 23 0 I C7 150 BURR OAK i3jS NESPARK Carl File: 117030-SKETCII.dwg Folder #: $059 Drawn by: TSS Description Sketch for: cn51)6gDanner Inc. 2422 Enr.crpnsc Dnvr F°T 6A[ -9488e-191+ Mrndow MrIghrs, MN 55120 www.oaneerrn/,.cam 1. FIG. 2 Agenda Information Memo July 18, 2017, Eagan City Council Meeting PUBLIC HEARING B. Variance —1815 Diffley Road (Diffley RE Holdings) Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Variance allowing a 6'-2" ground sign area height located at 1815 Diffley Road, subject to the conditions listed in the staff report. To approve (or direct preparation of Findings of Fact for Denial) a Variance allowing a 10'-2" ground sign total height located at 1815 Diffley Road, subject to the conditions listed in the staff report. To approve (or direct preparation of Findings of Fact for Denial) a Variance allowing a 5' setback for a ground sign located at 1815 Diffley Road, subject to the conditions listed in the staff report. To approve (or direct preparation of Findings of Fact for Denial) a Variance allowing a pylon sign within 300' of another pylon sign located at 1815 Diffley Road, subject to the conditions listed in the staff report. To approve (or direct preparation of Findings of Fact for Denial) a Variance allowing an illuminated stripe on 4 sides of a gas canopy located at 1815 Diffley Road, subject to the conditions listed in the staff report. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The Applicant is proposing to rebrand a Sinclair Station to a BP Station and change signage at the site. The changes would include adding illuminated gas canopy logos and striping, refacing the pylon sign, refacing and increasing the face height and total height of the ground sign, and modifying the landscape bed surrounding the ground sign. ➢ A Variance is requested to the ground sign area height. The existing ground sign is nonconforming with a 6'-2" sign area height. City Code limits a ground sign to a four - foot maximum height of sign area. ➢ A Variance is requested to the ground sign total height. The existing ground sign base would be increased to 4' in height to allow increased visibility from Diffley Road. City Code allows a ground sign limited to seven feet total height. ➢ A Variance is requested to the ground sign setback. The existing ground sign is nonconforming with a 5' setback. City Code requires no business sign shall be located nearer than ten feet from any property or dividing line. ➢ A Variance is requested to pylon spacing. Approval of a Variance to the ground height standards results in the need for a Variance to the pylon sign spacing requirements. City Code requires a 300' spacing. The ground sign is 66' from the Diffley Square pylon. ➢ A Variance is requested to the gas canopy. City Code limits illumination on a gas canopy to the business name and/or logo. ➢ The Applicant's stated practical difficulties are the need for additional visibility for the gas canopy and ground sign due to the width of right-of-way, the decrease in grade from Diffley Road to the subject property, and the foliage along the south side of the property. The Applicant also states replacement sign cabinet cost as a practical difficulty. ➢ City Engineering staff have reviewed the ground sign and landscape bed plan and do not foresee issues with drainage on the site or obstructed sightlines from Diffley Road. ➢ The property consists of two previously platted lots. A conditional of approval for a 1990 Conditional Use Permit required the two lots be combined into a tax parcel. This condition has not been met. Issues: ➢ Several signage non -conformities exist today. 60 -Day Agency Action Deadline: August 28, 2017 Attachments: (3) PHB-1 Location Map PHB-2 Planning Report PHB-3 Exhibits CLIHIV� t .o AI&*1 11111111. 1101,1111!1.11- tr./fes RNELIAN LANE Carnelian Park Subject Site Subject Site Alp grim ii V .S.A.H. NO. (D1FFLEY1?OAD) 44/ <f) 0.) • fo, row coo molg� i•0 RANT CIR 40111' City of Evan Location Map Project Name: BP Gas Station Request:Variance to Sign Code Case No: 20 -VA -01-06-17 0 500 1,000 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 23, 2017 CASE: 20 -VA -01-06-17 APPLICANT: Elias Saman, Diffley RE Holdings HEARING DATE: July 18, 2017 PROPERTY OWNER: Diffley RE Holdings APPLICATION DATE: June 20, 2017 REQUEST: Variances PREPARED BY: Mary Granley LOCATION: 1815 Diffley Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST The applicant is requesting approval of a 2 foot, 2 inch Variance from the 4 foot maximum height of sign area, a 3 foot, 2 inch Variance from the 7 foot maximum total sign height, a 5 foot Variance from the 10 foot setback for a freestanding sign, and a 34 foot Variance to the 300 foot spacing requirement for a pylon sign. The applicant is also requesting approval of a Variance to allow an illuminated stripe on a gas canopy. Located in the SE 1/4 of Section 20 at 1815 Diffley Road, legally described as Lots 4 and 5, Block 1, Blackhawk Plaza. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. Planning Report — 1815 Diffley Rd. July 18, 2017 Page 2 c. The exceptional or extraordinary circumstances do not result from actions of the applicant. d. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to other properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The variance language in the City Code also contains the following: Subd. 3, A. "Practical difficulties" as used in conjunction with the granting of a variance, means that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Subd. 3, B., 3. A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance. CODE REQUIREMENTS City Code Sec. 11.70 Subd. 28.A.3.(b) and (j) states "Any business freestanding ground sign which projects more than seven feet above ground level is considered a pylon sign." Pylon signs, when authorized, are considered a conditional use, as defined in the zoning chapter, and are subject to all conditions, regulations and fees required for conditional uses." City Code Sec. 11.70 Subd. 28.C.3. states "No business sign shall be located nearer than ten feet from any property or dividing line." City Code Sec. 11.70 Subd. 28.F. states for freestanding ground signs, "Up to one allowed per building. Such signs shall be limited to seven feet total height, with four -foot maximum height of sign area." For pylons, the City Code, "Up to one allowed per building" and "No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street." For freeway locations, "An on -premises pylon sign for identification purposes is allowed for a business sign Planning Report — 1815 Diffley Rd. July 18, 2017 Page 3 located directly adjacent to a freeway within the city. Any business that acquires a conditional use permit to erect a pylon sign for freeway identification may be allowed an additional freestanding ground sign to be located on the side of the property opposite of the freeway." City Code Sec. 11.70 Subd. 28.E states "Canopy signage is limited to the business name and/or logo, and shall not exceed 20 percent of the canopy face, excluding corporate color raceway. No more than one canopy sign for each street frontage shall be permitted on a canopy for the business located upon the property; illumination is limited to business name and/or logo." BACKGROUND/HISTORY The Blackhawk Plaza final plat was approved in November 1986. Right-of-way was dedicated for Diffley Road with the platting of the property in 1986 as required by County ordinance. With plat approval, the project also received approval for a Conditional Use Permit for Lot 5, Block 1 to allow motor fuel sales. In 1987, Blackhawk Plaza, Inc. received approval for a Conditional Use Permit to install a pylon sign identifying the Blackhawk Plaza retail center, placed on the southwest corner of Lot 5, Block 1 at the entrance to the Blackhawk Plaza retail center from Diffley Road. In 1990, Tom Thumb received approval for a Conditional Use Permit to allow motor fuel sales on Lots 4 and 5, Block 1, Blackhawk Plaza, and a pylon sign for Lot 4, Block 1, Blackhawk Plaza. A 3' berm on the south side of Lots 4 and 5 along Diffley Road was a condition of approval. Another condition of approval was that Lots 4 and 5 shall be combined with the Dakota County Recorder's Office into a tax parcel prior to the issuance of the building permit (this did not occur). In 1996, Diffley Square Partners acquired Lots 1, 2, 6 and 7 of Blackhawk Plaza, and changed the center name from Blackhawk Plaza to Diffley Square. Diffley Square Partners received a Conditional Use Permit to increase the size of the Blackhawk Plaza pylon and move the pylon from the Tom Thumb site on Lot 5 to the vacant parcel on Lot 6 (now the site of Cooper Tire and Auto) and were required to meet the minimum 10' setback. In 2003, a 10' Variance from the required 10' setback was approved for the Cooper Tire and Auto ground sign. A Sign Permit was issued to Tom Thumb/Conoco in 1996 allowing a 7' tall monument sign with a 4' high face panel placed at the southwest corner of Lot 5, at the former Blackhawk Plaza pylon location. In 2004, a Sign Permit was issued to Sinclair to change the face of the monument sign, and was erroneously approved for a 6' high face panel, exceeding the 4' height allowed. EXISTING CONDITIONS The site is bounded by Diffley Road to the south and the retail center entrance drive and Cooper Tire and Auto to the west. The rear of the site abuts Talon Trail and the Diffley Square retail Planning Report — 1815 Diffley Rd. July 18, 2017 Page 4 center to the north and Interstate 35E to the east. Lot 4 is developed with a Sinclair Dino Mart convenience store, car wash and pylon sign. Lot 5 is developed with convenience store parking, four Sinclair gas pumps, a gas canopy, and a non -conforming monument sign. Driveway access into the site is provided by three driveways on two sides of Lots 4 and 5. A buffer of mature trees screens the convenience store building from Diffley Road. The business has a pylon sign facing Interstate 35E, and a non-compliant ground sign opposite the freeway. The monument sign is set back approximately 5' from the property line. It measures 7'-4" in total height, with a 6'-2" high sign cabinet area and 1'-2" concrete base. The cabinet is 8' wide. The gas canopy face has unlit green corporate striping, with Sinclair channel -lit letters on the south and west sides. EVALUATION OF REQUEST Canopy Signage Proposal - The applicant proposes an LED illuminated stripe around the perimeter of the gas canopy, along with a face lit Helios button (BP logo) on two elevations of the gas canopy. The applicant provided day and night photo exhibits of an example BP station. City Code limits illumination on a canopy to the business name or logo. Canopy signage shall not exceed 20% of the canopy facade. One sign for each street frontage shall be permitted on a canopy. Monument Sign Proposal — The applicant proposes a sign area height Variance, allowing the sign area height to remain at 6'-2". The sign area width would remain at 8'. The applicant further proposes a total sign height Variance. By increasing the sign's concrete base height from 1'-2" to 4', the total sign height would increase from 7'-4" to 10'-2". The sign sits within an oval-shaped, two tiered, landscape block bed. The applicant is proposing to increase the height of each tier by 12". The heightened landscape tiers would vary from 2'-6" to 3'-9" in height, excluding the footings, and would screen the 4' concrete sign base. Additional plantings are proposed for each tier to further screen the concrete sign base. The proposed 10'-2" high monument with landscape bed would vary in height from 12'-8" to 13'-11" above the sloped grade. The applicant proposes to adjust the shape of the landscape bed on the south side so as not to encroach into the right-of-way. Lastly, the applicant proposes a setback Variance allowing the sign to remain at its 5' setback. City Code allows one on -premises pylon when directly adjacent to a freeway, and any business that acquires a Conditional Use Permit to erect a pylon may be allowed an additional freestanding ground sign located on the side of the property opposite the freeway. Planning Report — 1815 Diffley Rd. July 18, 2017 Page 5 City Code defines a pylon sign as "a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level." The City Code further states "No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street." The proposal to increase the ground sign height to 10'-2" would match the pylon sign definition and increase the pylons for the business from one to two. The ground sign is located 66' from the Diffley Square pylon on the same side of the street, not meeting the 300' spacing requirement. City Code further states that freestanding ground signs "shall be limited to seven feet total height, with four -foot maximum height of sign area." The business proposes the ground sign height to be 10'-2" (not including the landscape bed), with a 6'-2" sign area height. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. City GIS map contours indicate an elevation drop from 940' at Diffley Road to 930' at the subject property. The gas canopy is setback 77' from the property line and 128' from the Diffley Road curb. The building is 18' in height according to the applicant. The City Council approved a similar request for a ground sign setback Variance on the adjacent Cooper Tire and Auto property in 2003. APPLICANT'S PRACTICAL DIFFICULTIES The stated practical difficulties are the elevation drop from Diffley Road to the subject property, the width of the Diffley Road right-of-way, foliage that hampers the viewing distance of the ground sign from Diffley Road, and the cost of a new sign cabinet that would reduce the height and visibility of the ground sign. Canopy Signage The applicant's Narrative states the proposed gas canopy LED illumination is "done is a subtle manner consistent with current BP branding standards". The applicant states the site "is rather hidden from the view of motorists due to surrounding changes in topography" and the 18' one- story retail building "is setback at least 125 feet from the Diffley Road curb." The applicant further states that other similar uses in this area have such LED illumination in use on their gas canopies, using the SuperAmerica station at Yankee Doodle & Pilot Knob Roads as an example. The SuperAmerica station has non-compliant LED striping on the gas canopy. Monument Signage The applicant states the monument sign footings and base have "been in place since 1996." The sign "was apparently erroneously located only 5' from the property line, not the required 10'." Therefore, the applicant is requesting the sign remain in its current location. Planning Report — 1815 Diffley Rd. July 18, 2017 Page 6 Due to a City staff Sign Permitting error in 2004 approving the 6' sign area height, the applicant proposes the sign area height remain as is and be refaced with the BP rebranding information, rather than correcting the sign area height to meet the 4' maximum City Code requirement. The applicant states conformance with the City Code would require "the applicant to buy a new sign cabinet at additional cost" and would reduce the height and visibility of the sign. SUMMARY/CONCLUSION The applicant is requesting multiple Variances to a ground sign for setback, sign area height, and total sign height. Approval of a Variance to the height standards results in the need for a Variance to the pylon sign spacing requirements. The applicant is also requesting a Variance for LED illuminated stripe around the gas canopy. The applicant is requesting the Variances due to concerns with visibility. If the Variances are approved the ground sign would meet the code definition of a pylon, subject to the 300' spacing requirements from another pylon and limited in number to one pylon allowed per building. The site currently has a pylon facing 35E. The Diffley Square pylon is 66' from the applicant's ground sign. A Conditional Use Permit is required for pylon signs. The illuminated stripe around the gas canopy is not compliant with City Code standards for canopies. The applicant is requesting the Variance due to the differences in grade between Diffley Road and the applicant's property, citing decreased visibility. City policymakers will need to determine whether the proposed use is reasonable and Variances are necessary to alleviate a practical difficulty. ACTION TO BE CONSIDERED To approve a Variance to the sign setback requirement from 10 feet to 5 feet; To approve a Variance to the sign area height requirement from 4 feet to 6 feet 2 inches; To approve a Variance to the total sign height requirement from 7 feet to 10 feet 2 inches; To approve a Variance to the pylon sign spacing requirement from 300 feet to 66 feet; To approve a Variance to allow LED illumination on the face of the gas canopy; upon property located at 1815 Diffley Road. If approved the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing and filed with the city clerk at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Planning Report — 1815 Diffley Rd. July 18, 2017 Page 7 2. Lots 4 and 5 shall be combined with the Dakota County Recorder's Office into a tax parcel prior to the issuance of any Sign or Building Permits. 3. Sign Permits shall be obtained prior to any sign installation. A site plan showing sign setback and sign plan showing sign design and materials is required with a Sign Permit application. 4. A landscape plan is required with the Sign Permit application. The plan shall indicate the landscape bed redesign, block and tier heights, footing height, and setback from property line. The plan shall include plantings proposed for the two tiers of the landscape beds, and any proposed landscape rock. 5. A Building Permit must be obtained prior to installation of any sign over 7' in height. Stamped engineer drawings are required with Building Permit submittal. 6. A Building Permit must be obtained prior to installation of any wall that exceeds 4' in height as measured from the bottom of the footing to the top of the wall. Two copies of plans showing the details of how the wall will be constructed including plan view, cross section, and elevation drawings is required. Two copies of a site survey drawn to scale is required indicating the location of the wall on the property, structures on the site, and all easements. The construction of a retaining wall shall not change the drainage patterns of any lot area without approval of the Engineering Department. A Zoning Permit is required for retaining walls that are less than 4' in height. CLIHIV� t .o AI&*1 11111111. 1101,1111!1.11- tr./fes RNELIAN LANE Carnelian Park Subject Site Subject Site Alp grim ii V .S.A.H. NO. (D1FFLEY1?OAD) 44/ <f) 0.) • fo, row coo molg� i•0 RANT CIR 40111' City of Evan Location Map Project Name: BP Gas Station Request:Variance to Sign Code Case No: 20 -VA -01-06-17 0 500 1,000 KEMPER & ASSOCIATES INC. ALTA SURVEY OF PROFESSIONAL LAND SURVEYORS1815 721 OLD HIGHWAY 8 N.W. DIFFL - - Y ROAD. 10 20 NEW BRIGHTON, MINNESOTA 55112 651-631-0351 FAX 651-631-8805 PLAZA` email: kemper®pro-ns.net 1• BL www.kempersurveys.com (1 BLOCK LLP L0 14388-01-010 pAR�ERS 935.27 ,, .35.13 PID #10- SOU ARE CITY OF EAGAN, DAKOTA 933:22 COUNTY, MINNESOTA LO T 2 BLOCK �� BLACK OK HANK PLP`ZA II LLC / ' -• -33.15 _ • 1 INCH EQUALS 20 FEET BASIS FOR BEARINGS: - DAKOTA COUNTY - (NAD 8 ATE SYSTEM - (NAD 83, 1TIME (VIA REAL TIME GPS OWNER• DI FFLEY - 934.9 935.19 10_14388-OSQ�ARE 933.75 AI0 # DIFFLEY OWNER' 933.60• MEASUREMENTS UTILIZING : X933.51.'...933.1Q .933.24 MINNESOTA DEPARTMENT OF TRANSPORTATION ' VRS NETWORK) 933.45• 934.21 934.72 934.97 ' ' '� 934.41 • 935.02 _934.92 •X __ .. 933.13''" 9 •:92-• CONCRETE ' 934.36 BASIS FOR ELEVATION: I CURB SECTION 20. T27N, R23W 934,7.0 .: :. :.... • - 934.7$ s" DIP:" :: WATER . 934:65 8 Pvc CONCRETE CURB 934.5 ::• 934.20. - '' �� MINNESOTA DEPARTMENT OF TRANSPORTATION •' t15" d I I. y _. ' .. .. . , . - .. .. 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FT. c, I� 7 (3).1- VELOT 0 RKAN - x$35 47 ' . v zo o rn 1, SPRUCE EAST LINE OF 4 I 1 O �z CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA 4 W it 0 a o C9 = o O In 1 W > M w 936.18 NOTES CORRESPONDING TO SCHEDULE B Q O O 35.58 o :. -. -i- : 1 936.5 I X936.82 • d • -� 5: •936.58 0 °I' :. 2 i, l !n U Q Z II w ° I L 936.77 �, - . 935.75 °'_ 93F. mirri U Qo CO o N. mZ LEGAL DESCRIPTION 2 0 935.93 o -- m - /d 'a • ..935:83 " FLOOR x �` • ° rn m ,4) (4' Q U .. ^ d. 4 X ' " .. o� ELEV.= H w R�.` 30 R'SIDENTIAL o wa C.U. COMMERCIAL TITLE SERVICES 0 o C.U. COMMERCIAL TITLE SERVICES Q Q COMMITMENT FILE NO. 057293 SECOND SUPPLEMENTAL m W . w 34,0' d 936.34 FUEL PUMP ISLANDS ❑ d • L THRESHOLD wp 936.76 Q Z x' ELEV.=937.20 0o C� W a N• I •93671• SE _ . CK 15" POPLAR 6„ 2-9",12• . opo POPLAR Z COMMITMENT FILE N0. 057293 SECOND SUPPLEMENTAL ,Q ^a DATED OCTOBER 20, 2016 �= oY 1 - ro ' ao 935.53 9 W 9 `. 6.0 : •d v d d .. 19 0 7.03. I 0 HEIGHT= 00 27.33 - _ MI rn X935.69". I 92.45'. o` 0 a o DATED OCTOBER 20,2016 on Y o ¢ 12. TERMS, CONDITIONS, OBLIGATIONS AND EASEMENT FOR ACCESS / 0 2 PURPOSES AS CONTAINED IN FIRST AMENDMENT AND RESTATEMENT 0 6 cYi 936.3 OF DECLARATION OF ACCESS EASEMENT DATED FEBRUARY 23, 1987, J '`) °' o rn - .4 O : z . �SU. , ' d •36 49 : �•� X936.77 936:13 a 837.12 936.95 �� ' 4 a " 936.66 d •• :125'' FRONT' ' SETBACK •• • •- o- c . - . z w m:. •.' ' aA • . I ° < FLOOR = 18.1 FEET _ M HEIGHT- ELEV.= CCW o 18.0 FEET pp 937.13 >p • - • 937.16 -°� xi CONC. a 936.66 • I - 936.59 ••` I> . - I' ' .D 938:78' ' 936.18 _•Lots a 93.43. 938 Parcel 1: (n I 4 and 5, Block 1, Blackhawk Plaza, according to The RECORDED APRIL 2, 1987, AS DOCUMENT N0. 776060. m m O�' _ ��- < { ° ' 60 54.75 00 D. -I A-- 3 •. CONC., - p /.6 n I �, PY ON SIGN recordedplat thereof, Dakota County, Minnesota. Y o O '. ": c w ;. 172,69 a -a • .-' - AFFECT SUBJECT PROPERTY AND ARE PLOTTED AND SHOWN HEREON. _ co W ..z N w - .. o rA i- ,. ... .: h^ . CANOPY HEIGHT=19.9 FEET ' -'- •050 CLEARANCE=15.9 FEET 937.14 _° 937.18 EM© - - " - � -a. � - , - � 9 - CONCRETE. •�•] ' t f 0 - 936.66'' IGHT= 0.3 FEET 939 Abstract Property 13. TERMS, CONDITIONS AND RESTRICTIVE COVENANT, CONTAINED IN 1- ..,---• 937.18 w o 0-'73 : _143g8 -p1 X--- o VACUUM 937 n '. y0' :- ... DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS DATED O 0 1 -� I'' Cr' m w a, rI. v • ➢mz .. F 10 .. ::. p10: # . 936:38 936.68.,. • 936.92: 936$• 2. - 936,73 , - •-.' X935.82 9 n Parcel 2: JUNE 6, 1990, RECORDED JUNE 28, 1990, AS DOCUMENT NO. 944583 w- ➢.y s : `: " .. .. •WEST'LINE AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. •36:90 - •Nr m' N0'' mm - w -._. '- OVERHANG I >< 93fi.67 CO C. �,.° Non-exclusive for in N J 1 1936.63 •OF LOT 4••• .. LP P D II easement access purposes as contained P P 14. TERMS AND CONDITIONS OF AND EASEMENT FOR SIGN PURPOSES I woo _ .• - rn -0 z v :_ -.. X 936,96 •936.55 X " -.936:60 " . .. : UE .. •' ' UE _040 $� �1 43$ 936,75 7 I / First Amendment and Restatement of Declaration of Access FOR THE BENEFIT OF OTHER LAND AS CONTAINED IN EASEMENT . 11. I 0 .in U . w . 0 I-4 ._ a 0 x y - '.. ' ' " -' . : ):#1°--"1- �} PDQEasement 937. 8 dated February 23, 1987, recorded April 2, 1987, DATED JUNE 6, 1990, RECORDED JUNE 28, 1990, AS DOCUMENT NO. 944590. AFFECTS SUBJECT PROPERTY AND IS PLOTTED AND SHOWN HEREON. 15. EASEMENT FOR DRAINAGE AND UTILITY PURPOSES OVER THE NORTHERLY 20 FEET, AS SHOWN ON THE RECORDED PLAT OF . 937.26• : L I.'.:. :.: - - 00 ... 0ov) :' i3 � �' ►: :. 9 _ .. . ..• 936.98• 36.99. d d. d L1 CO ETE NCR ° -• a O• - • 30936,66 : EAST LINE -_ - �OF LOT 5 • '937 - I ' 937:01 X936:4.4 X936.25 .. '- - .. � . •_ - • -��X936,46� ••�' .) 7 7.08 ``AAII (� •� • rn 9.7.54 - 940 as Document No. 776060. BLACKHAWK ADDITION. ; � - 8 PARKING_SPACES f� �- -.8 PARKING-SPAC; S ' - .. 2 SP ......, 9 q AFFECTS SUBJECT PROPERTY AND IS PLOTTED AND SHOWN HEREON. �♦,.59 ' . ..., 937.51 937.45 ..: • � -a 37.37 � •:. �� �v� -93�. AREA SUMMARY 937.60• NOTE: PORTIONS OFA 30 -FOOT DRAINAGE AND UTILITY• 9.5 r, � � .. 937.14._ .' UNDER 'ACCES ROUND TANK • COVERS .❑ _ : ' '' :... :. •• 937.2Q•� � � • 937.48 0 937:26 ^ � .. : o n ••- L ... ,1, .... . :� � .. .:. ... 1 LOTS 4 & 5 = 60,958 SQ. FT. OR 1.3994 ACRES EASEMENT SHOWN ON THE PLAT OF BLACKHAWK PLAZA a Mw 837_ • • AFFECT SUBJECT PROPERTY AS PLOTTED AND SHOWN 937.43 HEREON. ACCESS TO DIFFLEY ROAD AND INTERSTATE HIGHWAY 35 E IS RESTRICTED ATHE DLACKHAWK SHOWN'..' :37:23 ' ' I `93 I •' 938_ : 9 939 .45 X939.3 2 LINDEN .45 CONS. CURB 937:57 0 O. 0 d '37.57 -• O O 937.64 °' '9'7.56 _ .. _ 937 .. 937.65. �NC.'CURB • 93 :64. I 937..44 III`` `C7� 1.`1 937:61• 9" .88 g43 CHAT LINK i0845 �RTGHT OF WAY 946 s93�•56 I :' F ''FLOOD ZONE HEREON AS DEPICTED ONNO. POLAT OF BTTED 9 07 `r'r_ 12" SPRU. /' • ND "937.46 PLAZA AND MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT N0. 19-40. s • c 7.83 937.91 938. 937.93 938.00 937.95 939 IrCbt'9 938.03 "", ;il', IR• pE 48 / SUBJECT PROPERTY LIES WITHIN FLOOD ZONE "X" (AREAS DETERMINED "' ill <:° �-' 939 �+ �II 9b, _LS C:' BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN) ACCORDING ADJACENT 1 : I 939.63 KEYSTONE VENT LP LP - �� ` g4�TO ADAB - MONUMENT SIGN 9-. ING X94 ► 0 I TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE 1I , RATE MAP COMMUNITY PANEL NUMBER 27037C-0090 E, DATED DIFFLEY SQUARE' 938.05 ' 1 '37.7' ` ` 3 : 15" WALLS j 940 LINDEN 940 15'X15' SIGN EASEMENT 941 !� N0. 944590 �� �� FOUND 1/2" 940 Illlllp, . 9D `�l. ORTH I RLY - - OF . INE DECEMBER 2 2011, DAKOTA COUNTY, MINNESOTA t 5 � RST IGH- O. 35 II\� 4j0 �� III►-���, o (MN/D• •IGHT • 'AY P NO. 19-40) 4 93' 85 11■' MONUMENT SOU s- + : , 941 SOUTH LIQ - 9 ZONING REQUIREMENTS \ 1, ..2' ' SIGN OF LOT 5SCHEDULE B ITEM 14 OF :. - 940.41 �� r 942 980 g51 - ZONED NB - NEIGHBORHOOD BUSINESS DISTRICT ► - - -- - 1 V .4' 957 "ACAS" _ 0 _ 0 /-� -� LEGEND _ - - - o 0 0 -- , ��/ CONVENIENCE STORES, CARWASHES, CLASS I MOTOR FUEL SALES ARE M - - - - 11 ��� ��� 943 - - CONDITIONAL USES 3' 5 _ _ 4 1 43 12" ELM •� " • • 9 9'35'32" � -944 9 FOUND p -940- EXISTING CONTOUR LINE MAXIMUM BUILDING COVERAGE - 20% 938.63 , MINIMUM GREEN SPACE - 30% ;38;32 • i' . .: 938.53 • w 9 in- •938.93 0 I •9 40' • W ► • 90 CHAIN LINK Aillilli RIGHT OF WAY RESTRICTED ACCESS 945 946 OF M•s G X936.66 EXISTING SPOT ELEVATION g47 MAXIMUM HEIGHT - 30 FEET m• I' o : � - c. �.: o. .I .. cok� FENCE • • IGHT OF WAY PLAT NO. 1 •- • 21" ELM 848 STMH O STORM SEWER MANHOLE SSMH O SANITARY SEWER MANHOLE BUILDING SETBACKS: PUBLIC RIGHT-OF-WAY - 30 FEET MAJOR THOROUGHFARE (PRINCIPAL ANDA MINOR ARTERIALS) - 938.97 z- , 0 3 0 .-- - - -. .939:23 :38-74 - -. ' ; o `� f r 93•.58 �9 NORTHER 'IGHT OF WAY LINE p5 OF DIFFL Y ROAD 0 pO (MN/DO' RIGHT OF WAY PLAT NO. 19-4 • CB ® CATCH BASIN LP 0 LIGHT POLE 952 50 FEET OR 125 FEET FROM RIGHT-OF-WAY CENTERLINE, WHICHEVER IS GREATER . ; o o. 0�1 950 FH FIRE HYDRANT FOUND DAKOTA COUNTY UE UE UE UE 951 ` MAJOR THOROUGHFARE (B MINOR ARTERIALS) - co 50 FEET OR 100 FEET FROM RIGHT-OF-WAY CENTERLINE, MONUMENT % , 939.93 I. 948 TMH O TELEPHONE MANHOLE 950 SOUTH QUARTER CORNER `�' .'CB'. .� UE UE / EM a ELECTRIC METER UE ❑ WHICHEVER IS GREATER UE RIM 939,58 OF SEC. 20, T27N, R23W ET LP : 1 '•.: I0 940•.1 �9g2 947 949 �� MINOR THOROUGHFARE (MAJOR AND MINOR COLLECTORS) - 943 40 FEET OR 80 FEET FROM RIGHT-OF-WAY CENTERLINE, 944 945 946 GM © GAS METER 941 26 - N 89'35'32" W 884.43- - - - I' .:• WHICHEVER IS GREATER -y a ° ° 'a - ° d ° - . •T °' • .' . U °• U T, T UT ° ° ET ELECTRIC TRANSFORMER SIDE 10 FEET �- �� -Immo , " �� <-T :CONCRETE SIDEWALK ° a a ° 4 - \ • 938.38 a . d °' " El . - • - 940.34. _ _ ` SIGN REAR - 20 FEET 948 94j ADJACENT TO PROPERTY GUIDED FOR RESIDENTIAL USE - 9 TMH - - 940.65 • • CONCRETE CURB o GUARD POST .: - 30 FEET 937.67 ' RD ❑ ROOF DRAIN PARKING SETBACKS: :26 - PUBLIC STREET - 20 FEET '- SIDE OR REAR YARD - 5 FEET o •e• ADJACENT TO RESIDENTIAL DISTRICT - 20 FEET h 0 rn ' . ADJACENT TO PROPERTIES GUIDED FOR RESIDENTIAL USE ° tV • - a pa "CONCRETE CURB. - . ( TERLINE" OF DIFFLEY ROAD CEN •PER MINNESOTA DEPARTMENT - OF TRANSPORTATION RIGHT OF WAY. PLAT NOS. .19-39 & 19740). - SS - SANITARY SEWER - ST - STORM SEWER - W - WATER MAIN/SERVICE WHEN SEPARATED BY A STREET - 20 FEET m' 0°' PARKING REQUIREMENTS: : ONE OFF-STREET PARKING SPACE FOR EACH 200 SQ. FT.• FLOOR OF OR AREA (CONVENIENCE STORES WITH OR OF MOTOR FUEL SALES)•• a "> °'' - h o�� •- k1 . r' rn 94$ ' - G - GAS MAIN/SERVICE - UE - UNDERGROUND ELECTRIC LINES UT - UNDERGROUND TELEPHONE LINES (AS PER CITY OF EAGAN ZONING CODE) �' EDGE OF BITUMINOUS • • - 0 - ACCESS CONTROL DENOTES DIMENSION (M) MEASURED DURING THE COURSE OF THIS SURVEY D STATEMENT OF APPARENT ENCROACHMENTS • TY I F F L STATE A ' • D(R) Z " ► AY N0. 3O) DENOTESRD DIM ENAS PER PLAT OF BLACKHAWK PLAZA DENOTES SET SURVEY O KEYSTONE RETAINING WALL ENCROACHES INTO DIFFLEY ROAD • MONUMENT MARKED "KEMPER 18407• RIGHT OF WAY A MAXIMUM DISTANCE OF 1.9 FEET.• :..OUs EDGE OF BITUMINOUS ( INNESOTA• DEPARTMENT OF T ANSRORTATIbN RIGHT OF. WAY P T NOS. 19-40- & •'1'9-39) - -' ' • (RIGHT OF WAY WIDTH VARIES) R � (BITUMINOUS- ROAD). ' . SURVEYOR'S CERTIFICATE NOTES . _ To: Diffley RE Holdings, LLC, Minnesota limited liability • 1. THIS SURVEY WAS CONDUCTED WITH A LEICA MS -50 ROBOTIC TOTAL STATION AND LEICA GS -14 GNSS RECEIVER. �� ' . : � cs• 2, ALL DIMENSIONS FROM BUILDINGS TO PROPERTY LINES ARE MEASURED' tO'.• - gRy 9x?ARS. ..•guy. 9Qs 9R : �. : . •Hartland _ a company; L n I LLC; Fuel Products, A.L.M. Holding Company; C.U. Commercial Title Services, Agent for Old Republic National Title PERPENDICULAR OR RADIALLY TO SAID PROPERTY LINES. 3. ALL DRIVEWAY AND STREET THROAT DIMENSIONS SHOWN ARE MEASURED FACE OF CURB TO FACE OF CURB, UNLESS OTHERWISE NOTED. 4. THERE IS NO OBSERVABLE EVIDENCE OF CEMETERIES OR BURIAL GROUNDS, OR GRAVESITES ON SUBJECT PROPERTY. . x0 - . - - • 94B . as d InsuranceCompany under commitment no. 057293: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, by ALTA NSPS, 5. THERE ARE NO PONDS, LAKES, SPRINGS OR RIVERS, OR WATERWAYS BORDERING jointly established and adopted and •CONCRETE CURB- - ON OR RUNNING THROUGH SUBJECT PROPERTY. • and includes Items 1, 2, 3, 4, 5, 6(a), 6(b), 7(a), 7(b)(1), 7(C), 8, 9, 11, 13, 16 6. UTILITIES SHOWN HEREON ARE AS PER ABOVE GROUND EVIDENCE. 7. ACCESS IS GAINED TO THE SUBJECT PROPERTY VIA DIFFLEY ROAD, WHICH IS A DEDICATED PUBLIC RIGHT-OF-WAY. 8. THERE IS NO OBSERVABLE EVIDENCE OF EARTH MOVING WORK, BUILDING CONSTRUCTION OR BUILDING ADDITIONS WITHIN RECENT MONTHS. and 17 of Table A thereof. The field work was completed on December 2, 2016. 011111//// Date: DECEMBER 15 201. NN 9. THERE ARE NO CHANGES IN STREET RIGHT OF WAY LINES EITHER COMPLETED OR PROPOSED, AND AVAILABLE FROM THE CONTROLLING JURISDICTION. 10. THERE IS NO OBSERVABLE EVIDENCE OF RECENT STREET OR SIDEWALK SOF `• 4 :: /; / •. ♦ �:P IL: 4 � . P. Uj ........MINNi�' "...".--.<5'. , *-'• ,,\ OFESSI � 1,1.- '.. CONSTRUCTION OR REPAIRS. 11. THERE IS NO OBSERVABLE EVIDENCE OF SITE USE AS A SOLID WASTE DUMP, PARKING SUMMARYMinnesota SUMP OR SANITARY LANDFILL. SOUTHERLY RIGHT OF WAY LINE 7 PREPARED FOR: Mark D. Kemper, Professional Lone urveyor LA DSURV OR _ Registration No. 1840' .. ..... LISA McCORMICK Kemper & Associates, Inc. 84 11 7 22 STANDARD SPACES OF DIFFLEY ROAD .: ATTORNEY AT LAW 721 Old Highway 8 N.W. •,• 12. THE PROPERTY BOUNDARY SHOWN HEREON HONORS FOUND SURVEY (MN/DOT RIGHT OF WAY PLAT NO. 19-39) MONUMENTATION. AS SUCH, SAID BOUNDARY LIES 0.4 FEET NORTHERLY OF THAT WHICH WOULD BE CALCULATED FROM THE EXISTING SECTION LINE. 1 HANDICAP SPACE / f 2355 FAIRVIEW AVENUE, 275 # New Brighton, Minnesota 55112 'i �� ST. PAUL, MINNESOTA 55113 Phone 651-631-0351 I �kD,IC 651-983-6729 '�///I111►���`` 23 TOTAL PARKING SPACES Fax 651-631-8805 email: kemper©pro-ns_net 16212 (16212.DWG) D.B. TODD HOLEN KEMPER & ASSOCIATES, INC. �• • • at Lr p4 k In rye o rb- 1 { . t •>', 1• 1 3'),t <!r y�•`t\-: _f�1 i/ d.yi r+\f./ri SR yy+ r `j• • i> C r F'. ▪ k ▪ 11)41 fr(i • d • c 1e k • r it lHf"lf �'� •�. �} f�1�-Ii ��T�T•! ._ T; T•,N �.,q• • r • • L tf.• Cd, -. -.r n,f .u.f• 'I _ .__I/t.�:.f /iti ',� I _• ^.: 't•f f' n '2..... St. '• • 14. ten . y;(, ew'12' fNd;:>. it .. 14.`11‘7•�CAif/E� •1 f7 ran )!✓1141✓ zv 1;"xH.•ge.lf'ts. l.s .0174 �• s.. ,F I. .n, i-7 it• /.-ire r sc.! c ' � �W..f '-YF rhs` '�,� .4114 .r:seitauir? 4-44"yprE •1s•-� fr t L tq.. t*= it • :,siYj !!•iY !J n Ara fr If tiontke .* • . J r 1. ,r!EyIi. 94. 1 \Z 1 f• 19 00 • 1 0 fr s 4 r Af.r , r � •••••••••• Ir} 4 - . - s .A44 +"i+j:t. i. ling•o. .i.rt "L. /y !eller -4%key+ 1-X • ' ▪ O •r. �._ ,-. '1 > Rt :44%°,11:".... 3"... i`...p 7a V, Prf • 4. "tml 0:114 r".4111 jr ` :0414:t _._J • • / J r _ r �' /J / //J -, 1 J r y r -. r ..".ik:11 r 144a7! e { c"1 , j 1.15 b CI F i 7.1(411441 y 14.‘I n: J n .v Ml ;/4:11iir 1; —. f 1 -i „„t : I , �Y r.!i Ia. '11.'i , S, s,r f1 ti II .I!� edrIl r - 1 r Y �, I' 44.4 rt: X47 � II44 Ateffi li t� TM L, 41e:�JK;R �r44.r,.4 ��Ill�•"II_ ♦ S y „}I. S�{ 5'fA 1, , ry,r�i 1 Fri rZ. JIM tary Y41 1 s411._ Si F , r . 1464 r G - I .K • • 1.4.-.4t4;111. ihf\^.l ` - IRIr, r. It ate. 1 • • • • - •`rt .1.•,•••• , OZ • • IVA .0.1" •:11•'- rJ�'.. 1 �. Vac T rix • r. f BRAKE SPECI AL S TRANSMISSION SERVICE S S VE • • aLe--•• " - ota •It 0;9, „ A • • 1. • - • • 1 BRAKE SPECIAL S TRANSMISSION SERVICE S S V - Aier.-: • Z. , 1441,bit r • 0%tft -,PVitio.*OLAtikegb;AAt . , .,.. ,..-- 1,:. N..,, , .... . idik, r ..,....., ., .,: **-,4, „ ., '1' 1.• ,„ \i . •1\,:' .\104 ...,.......,--, • (A IP''. 1 ' ! -‘ . s;• • t ,.....,, , 't. • It . 4 , ,_. , • ..-, ,.• r ' is . . s ' %.., :7,... 41,e‘ ....' '`, e, %, •!•-, ,.. ci. i- ,,, • — my' NIGHT TIME VIEW 1' RE11FRN 4 112' .06,3' MANN — 31NMACMWHRE POWER SLIPPY. MEANWELL 1206 '1Pv-64-12 7 F. ENLARGED SECTION VIEW BP BRIGHT GREEN BEACON, 21-611 HELIOS BUTTON 2 6' I.'- L� IaiGl113r1 SCREENED GRAPHIC JJ1 FACE VIEW SCALE PMS 355c GREEN PM53661 GREEN -. - PMS136o YELLOW — PMS WHITE SPECIFICATION: 1 Silk Screen -BP 06. Green PMS 3550 2. Silk Screen- BP LI. Green PMS 358C 3, Silk Screen- BP Yellow PAIS 1090 COLOR SCHEDULE: A. SILK SCREEN Page 2nl5 BLAIR COMETANIES AP CHIP£CF 110L iMAOtivn S1OHS • FtvtOPfS • 1,131.11.1. address: 5107 Kissell Avenue Altoona PA 16601 telephone: 814.949.8287 ter 814.949.8293 web: blaircompanies.corn roject Information client: BP address: Altoona. PA store s- +n number: 54213 date' 07.10.15 rendered: 30 file name: BPL 54213_15 category revisions sign code: These drawings are not tor construction. The information contained herein Is intended to express design Intent only. The original design is the sole peoperty of the Blair Companies, It cannot be reproduced. copied or exhibited. in whole or part.wlthour first obtalning written consent from the Blair Companies 008 regular BP gasoline 1nv49oade diesel car wash NIGHT ILLUMINATION VIEW 21/4" DETAIL A h'EMBOSSMENT COPY AREA 1' 344" DEB055 RIB I-- 4-1e4.1 DETAIL B 215/8" 68" 32" TRIM FORMING SIZE AREA 1648055 } 1513/16° SIDE VIEW 7 APPROVAL SIGNATURE DATE By signing, you are validating the dimensions and graphic provided to SignResourte and/or you are handling your own installation. DETAIL A 4 95 5/8" TRIM 5133 921/2' FORMING AREA 7" CUSTOM WORDPLATE PAR1A'(BPVI118 (REFERENCE ONLY) CLEAR COPY ON r 839'34" BP RETAIL GREEN, MOUE PLATE It 39'0a PRODUCT NAMES ( COPY VARIES) 531/4" NW ;vulvae 0 {19UMW 11094 100140(1 0'4 t T 71 UB' 11471 Il0+16' n101W 14111 119 1101 11(4411 4041 BP gasoline my/go/ate x diesel car wash FRONT VIEW CABINET SIZE: 72" X 96" WITH A 1-1/2" RETAINER 97/14 (1100(0144 R01! 16" LED READY SPACING DETAIL 2 444 M4k'Oill ig IO 7X ll- FY'14 013114 �lI' 1=1 21/4" --s SIDE VIEW eiSignResortrce Ile 1.\ I: ''I I" utrhuir x.m rnr .m=r± �nni REVISION HISTORY: 1 I ',F 16 eF K;O. -prom DORM ORA)015 R113353 � 26/(7 ' r 1.3." nr _r� a B u15ELED 4 'TISO�6 F �w? it/ K.O� MS ki0 E-8111031 A WIPA8" @IAILIEUS... PARTS LIST 440 (4(04411011 BPGREEN PMS 35SC BP LT GRENPMS16GE _ BP YELLOW 10)5 109( 8993095 WHITE L ¢g 55 PMS661C _C80KLMESLIEC—__ _ __BMW 00110.11 1151 PAST(( FACT SECOND SURFACE DECORATION NOTE, WEIGHTS AND MEASURES Weights e2den nrY1m,bI0e4meloelnupanl44repeIry1 Ne miner 1 44(1m Ami S14 gr4pM1u,nrewmplomertM11111Iw41 u I.1med r, Il, o olAelru the rn r SIeR weM1e +oaln red5rlrry41ryanr.. rhe nrmrl V&A!, .4Imr 44weme m�nnmrp,rmrme 41nmi,; 4 IV and ,14. relunemennor11111rule dronge:rn, pin occur oft±r ane wrier Mr Beenplwed II 4444l4rog and ln4ollmwn nry rvnbed 0( SlgnRewurn, w well muk± every&kiln conium la: epnop inward lamplinntot Ihelac .ohn,lullmmn GENERAL NOTES 11(110(410{WTIFSS 1101401 •11011(1-1-I/6' • FM 51/1 + 1/10".V. - .(11t11.111 /10 -.0•011411 •1 1/B1 • C11/100EnoP r I/O' 11116" • 41 an URI. MESS 1101410 F1IAW1 E 4 0(P41111141/114125' Id 50' A111FSS 131110 1191481I/E 7.1U5 41%14400011111111((4/ 0f 000/W 0115/1114 4 110 PtN0.1WN 041µ110W iOlSfn11.110111111101 FII( 5.01111(1111411 /001/ 14411911 1410 VI 40 w,<e„9ge 6' X B' APPROX. FORMED REPLACEMENT FACE Metal Mt* (weever pr4Wlrv4r4 Wart 00M(HE 1909 BP IWrOa 6185540 EARN MN 8114 4(04 W1 256159 12/13/2016 OekrW0M±I' BPGY1112 4Fe C (X19 • 10F2 NIGHT ILLUPd1Ii1ATIOt 11[VI 'DIMENSION OF VINYL -- GM LAP NOT 19 EXCEED 3/16" DETAIL A D DETAIL B DIMENSION 01.'014'4 OVER LAP 40T 10 FX i(D 3/16' 46" EAB NET SIZE 76 3/a" NOTE: SIGN WITH LED ILLUMINATION 46 " CABINET SITE FRONT VIEW 18'0' SIDE VIEW illSagnResoerre I Il 4.i I'I l i +� II 11 f 1' 0115 10440,1044 • 1.41, w. fitW. 44) 4243 • I l • 03 V. 4144 REVISION HISTORY: 1413�1ns1 a'l" 1 013I1I6I 0RA06 RELEASE PARTS LIST: IIEN INC0RAIRON JF W111£ MISE01nN74I MIRK[ 0111110111111)1 O IRIAII11VMS 3550 (IAA.RIWIENM ARI0NIW103REEN 1116 C 510611I {4115 (P.H515QQ Ll1lJl(Imma) AE10N IIMF SREE A *316 D PrrFUPNPMS KACIRMASIA.KANO ARLON IR MOM 4,015 MAIEIMl LESS JNERInw15WN1k*nNN 141115111111)11150101001115111551) ACCORDANCE MIN WE REQUIREMENTS Q 3RnC1E800 OF NIE4IRIW.A=1,RCOIF 411014, OTTER APRRRIIE INA CONES TIN MCIU505 ,010l 0tpARN111p WN 1OR0111ROR10E GENERAL NOTES 1101FALOEEI UREA 1011.01 .S403)55 .1-111' • 1111 Sia + 1/16,1A- .(.1811111 IS'-W.V91N11 +5. Ill'• 114050NFR01+14 */1114` •All WRY REVEL PBS NOIR0lx3AN15l 0. NlNIN0maw 25'10 Stl 011155 MOM OTHERNIS£ 3 DISCOLOR CALM M01{A1ES ME OF 55/0114/ MIA 515T1M E. NO 1E)NII111 OR MAI EAI1LSUn5010i17N NHWHIT 30x.. S ALL 1111150 SIGNS 10 EOM511 WAN 0140 8'x$' APPROX. ILLUMINATED DOUBLE FACE CENTER POLE HI -RISE SIGN 14)41 44.44 114,111 030,30) 44.44114) l.NLSAN(HE2 SRIRN. BP 944444? 1850816,114693 APPROVAL SIGNATURE DATE RR11 247157 01/27/21315 By sig8ng, you are validating the dimensions and grophie provided to SigsResourre andfor you ate handling your own installation. ON„.�,NlS 51) BP0808IDFH-LED A 1 OF 1 lend.w,.=:0.:1,..V. • by (4) regular BP gasoline diesel car wash NIGHT ILLUMINATION VIEW Invigorate k 21/4" DETAIL A A 32" EMBOSS 1513/161" SIDE VIEW COPY AREA 1" 3/4" DEBOSS RIBI `� I�ln DETAILIB A 71 5/811 68" TRIM FORMING SIZE AREA APPROVAL SIGNATURE DATE By signing, you are validating the dimensions and graphic provided to SignResource and/or you are handling your own installation. '/2 " EMBOSSMENT DETAIL A 4 EQ 4 - DETAIL B —> EQ 95 5/81" TRIM SIZE 921/211 FORMING AREA t T 7" CUSTOM WORDPLATE PART#CBPV1118 (REFERENCE ONLY) CLEAR COPY ON 7" X 391/4" BP RETAIL GREEN, OPAQUE PLATE 391/4' PRODUCT NAMES ( COPY VARIES) 531/41" LED READY PRICER 18' LED READY WINDOW FOR LED PANELS 1 3/4" I 21 3/8" 18 7/8' 18 5/16" WINDOW PANEL LED HEIGHT HEIGHT DIGIT FRONT VIEW CABINET SIZE: 7211 X 96" WITH A 1-1/2" RETAINER yYr 10 7/8' ANELWIDT 4'-2 5/8" WINDOWWIDTH �I3t/: F4 • 0 3/16"� 3/41101 MOUNTING HOLE 18" LED READY SPACING DETAIL 21/41" > A SIDE VIEW 471/, . •Sign• u rce Reso TDDNTITY GROUP 6135 District Blvd • Maywood, CA 90270 800.423.4283 • Fax 323.560.7143 Website: www.sign resou rce.com REVISION HISTORY: RA' 12/13/16 REQUESTED BY K.O. ?III. BY ON REVISION DEi(RIP INITIAL DRAWING RELEASE REV 01/26/17 REQUESTED BY K.O. LIP DDATED. BY .Q REVISION DESCRIPTION REVISE LED TO 18" BLAIR LED IN OPTION B REV 02/20/17 REDUK.O.ESTED 8Y UPDATED BY J.M.S REVISION DESCRIPTION REVISE OPTION A WITH 18" BLAIR LEDS PARTS LIST: ITEM DECORATION BP GREEN PMS 355C BP LT GREEN PMS 368C BP YELLOW PMS 109C c PANTONE WHITE BLOCKOUT DARK BLUE PMS661C e PROCESS BLUE C MATERIAL LIST PLASTIC FACE SECOND SURFACE DECORATION NOTE: WEIGHTS AND MEASURES Weights and Measures requirements vary by State, County and Municipality. Itis the responsibility of the customer to confirm that these graphics are compliant with all local Regulations, Statues and Ordinances. Compliancy must be confirmed by the party obtaining the permit. SignResource is not liable for misinterpretation of local Weights and Measures requirements or any rule changes that may occur after the order has been placed. If permitting and installation is provided by SignResource, we will make every effort to confirm the signage provided is compliant at the time of installation. GENERAL NOTES 1.TOLERANCE ( UNLESS NOTED) • GRAPHICS +/-1/8" • FACE SIZE + 1/16"-1/4" •CABINET +/- 1/8" • VINYL OVERLAP + 1/8"+/ 1/16" *ALL COPY LEVEL UNLESS NOTED OTHERWISE 2. VIEWING DISTANCE 25'10 50' UNLESS NOTED OTHERWISE 3. PMS COLOR CALLOUT INDICATES USE OF SPRAYLAT MIX SYSTEM 4. NO DEVIATION OR MATERIAL SUBSTITUTION WITHOUT ECN. 5. ALL ELECTRICAL SIGNS TO COMPLY WITH UL 48 DESCRIPTION 6' X 8' APPROX. FORMED REPLACEMENT FACE VOLTAGE: CIRCUIT CURRENT: DESIGN LOAD: DRawNDOMCHE BY CHECKED BY CLIENT: BP LOCATION: 6185540 EAGAN MN 8114 QUOTE: DATE: 256159 12/13/2016 DRAWING/PART # BPGY1112 REV. C SHEET # 1 OF 2 This dxumenr reflects trade setrets and confidential business information, and maynot he roped, published, of disseminated in any manner without Me peer express wax, approval of SipnRemuna. All lipids reserved, induding potent,trademork andeapyeiphh. SIGN CABINET & FACE INFORMATION page 2 of 6 BIG RED ROOSTER FLOW SITE ADDRESS 1815 Diffley Rd CITY Eagan ST MN Face Properties 1 Main ID Face Material (check one) Q Plastic Q Flexible Pan Formed (check one) Q Yes - Depth Embossed Graphic (check one) 0 Yes 0 No Embossed Copy (check one) 0 Yes 0 No Sign Copy 0 Single Face Sign ® Double Face Sign Other Comments We will be removing the existing cabinet and installing a new one Q Metal © No 96" Cabinet Width Retainer Size 93" -- Visual Opening DRAWING/PART # REV. BPGY1112 C SHEET # 20F2 Diffley RE Holdings, LLC; 1815 Diffley Road — variance application Mock-up showing existing 6'H x 8'W sign cabinet with new BP image — not visible to drivers at decision points (to turn) along Diffley Road. Rough sketch showing proposed solution on next page. The t n:nn shwa, .3 this dtaaing al n;,ptudl only and DONOTngu rentatlual W'nl,ptnRhvl vinyl neva oractytk colon. Actual ;anlples are avaihrhk .' for yourvh,gupwl request. .ann,le render. nq photographs arr. nfoi ower nyhra Iva a very ebae refresentrion DRAWING #1 regular BP gasoline ->.>a• diesel car wash I NCO/IPO R0.T rU 118.7383188 880.594.9451 318,1383181 www.rosecityinc.com Covrrlgkre]Y,SAIIRNhI.Rerrn.a .. CItEnRIMIND IC:aTI^`i CUSTOMER SIGNATURE: DATE • ■ • • • ASMCJRRtSL(pRUImHLCUSi5 UTVICS56M8r10.01: POSEDITYMI4:SW4Jv:,n;Y:tM:11.CM:SP:4Ff4CCA.,0..;r5:4sk4iiC.XAILAMIAS.Z.k4(VM1i3%17K[,..:SSillti.,,;(5KJ v1RSCOLRRIRISOVMCk(Ni5SU11v.VO:M.X((L C%SXEllMk:eOiit((ON::Vrtn{vg i EDU[EPM1RLuatN(CryMdt(JDk(lYM KAUSSIFECLVICM.SDXWORNCt IOLWCERWAOktt10...0 ATRmk11III14MMkTittCWLlfaFt rr1YAtt0.V.1.3.CWOiY.s.Luat.:,BIOS: QCLkLDMAIDRULSSRMMISLDNPATIENIAla OLCINIe5sLOkSDM!ALMMUOICCa(F/IMiCW:ttMOs4.C. Additional drawing to show reduced cabinet size of 4'H x 8'W sign cabinet with BP image. Note that there is no room in this size cabinet to include "Diesel" or "Car Wash" panels. 4'H x 8'W Cabinet 1815 Diffley Road — variance application Rough sketch showing proposed solution/concept whereby additional rows of blocks are added to the existing landscape feature to increase the height of both rings, allowing a higher base to be utilized to raise the elevation of the monument sign such that it is visible to passersby. (Note: not drawn to any scale, for illustration only.) Maximum height of additional base: 4 feet Maximum height of sign: 10 feet Landscape blocks are 6" in height, will add rows to hide base and redo landscaping within the two rings. Int 1 1 A 1 Invigorate • V lk s{•• Tit)_w --4. tali iAre • • J •• r• ''a c.. xrx42y '{ifs f•49. -/ \��Y r t •�- .y rr e� s .ki �•� ^. •� [+>_y fi' a sYN : r. t_ i >.• x .+' - .+)•• } r ,a- cl+. )-4.. • i v.-+.rJ 1ar •1. e, w /.4;:* I- A • ► In -t •l Y, L.,---4ZZjt rr..,f.J Lt -D 13 - st -..--e•!a'. -74- �1- :`--te . T.S1 +.ei• -'iY t -.r--• JaS. J � .14,[,<.4).....t.e"��,{ij ice: -a'•i. Y' ; • f —' S w A P _.t 1a`e'• % je'. • .•. Y1�'!j�f • 9•th.. ;a„ ti. *( roe:" ,y_�G ti. ;~,.,. �J_. `- • .• 4r. t •a;ry• .f ) y-wv. iv, j 0r_ et� ..r qf_,,,'s h. .. _'P ��.i....,.. +c•' -'Z ..s ' L -•I • . )9 , :41;'`1!". , .:,,..„.,,p4 ..r _1---._45,.. `P t f1/va!)..-�.y ^.� y"• =II%rK O ' � T.t.. r,. i4a . . . r. r':.--.+• .yt �J _. `t iy • SI)r , F it e. r.-0 Y .r.• /().' 1. ) iS ^.',./ Lt.'� 'h L.- ir ,1' •, t •A+.may 0 r - i .y .x.:•.04 s • 3 err, 4". • My`,~) • •^sI �. f` �• • - .ci • `1 r. •a ,rs. Ara - . _ ..� _ ).- • ice` `1 i ).'C' -_-� .(t'�„-li •') - f _. _t. APPLICATION: VARIANCE REQUEST RELATING TO 1815 DIFFLEY ROAD APPLICABLE CODE SECTIONS: Code Section 11.7o, Subd. 28 as relates to SIGNAGE APPLICANT/OWNER: DIFFLEY RE HOLDINGS, LLC NARRATIVE TO ACCOMPANY APPLICATION The Applicant and property owner, Diffley RE Holdings, owns the property located at 1815 Diffley Road. The property is improved as a gas station, convenience store ("C -store"), car wash and delicatessen. The parcel is currently zoned as Neighborhood Business. The Applicant is requesting a variance from Code Sections under Section 11.7o, Subd. 28 as it relates to signage. Specifically, we are requesting consideration under Subsection 28, E.11 Canopy Signage, and F.1. Freestanding Ground Signs. To articulate our specific requests under the code sections, under Subsection 28, E11 limits illumination to business name and/or logo, we are requesting the allowance of an LED illuminated stripe around the canopy. Under Subsection 28, F.1., we are requesting that we be allowed to increase the height of the sign cabinet to 6'H to allow the Applicant to continue to use the currently existing sign cabinet in conjunction with re-imaging the store to meet BP brand standards, and to increase the height of the base of the freestanding ground sign to a total maximum height of ten feet. We feel that such requests are reasonable given that the site is rather hidden from the view of motorists due to surrounding changes in topography. Further, what is being requested would not set a precedent with respect to the LED illumination. While prohibited under Section 11.70, Subd. 28, E11, the section is not based on zoning classification but is a general standard. However, there are other gas stations located within the City of Eagan that have such LED illumination in use on their canopies, i.e., the SuperAmerica station located at the corner of Yankee Doodle Road and Pilot Knob. Further, while not related to the specific variance being requested, the Applicant is proposing that the current hardscape/ landscape feature surrounding the ground sign be modified and corrected. Given the options available to us, we're proposing that the height of the two keystone block retaining walls surrounding the ground sign and adding additional plantings within the walls to enhance the visual impact and aesthetic of the feature as well as to detract from or camouflage the appearance of the heightened base of the sign. The intended result would be that although the height of the size would vary from the Code, it would not be obvious. We will also correct and pull back the south edge of the retaining wall so as not to encroach into the ROW. Practical Difficulties. Under the City of Eagan Code of Ordinances, Section 11.5o, Subd. 3A. Variances, provides that the council may grant variances from the strict application of the provisions of the applicable Code provisions. In doing so, they may also impose conditions and safeguards in the variances so granted where practical difficulties result from carrying out the strict letter of such regulations. "Practical difficulties," as used in connection with the granting of a variance, means that JUN 2 3 1017 APPLICATION: VARIANCE REQUEST RELATING TO 1815 DIFFLEY ROAD Rev. 6/23/17 1) the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; 2) the plight of the applicant is due to circumstances unique to the property not created by the applicant; 3) and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. In considering all requests for a variance and whether the applicant established that there are practical difficulties in complying with the provision(s) of this chapter, the city council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. In this instance, the physical characteristics affecting the site are distinct from other similar uses in this area because of the topography of the site. This site lies in the NW corner of the intersection of Diffley Road (CSAH 3o) and 1-35E, adjacent to and behind the MN Dot ROW which, along Diffley Road, is measured at approximately 5o feet. As a result, the one-story retail building is setback 125 feet from the private access into the development, and is also setback at least 125 feet from the north edge of the concrete curbing along Diffley Road. Coming off Southbound 135E, the high point of the ROW west of the off -ramp is 953.0o, while the elevation found at the station, parking lot, etc., averages approximately 936.0o ft., a difference of 17 feet. With the building height at 18 feet, it is almost entirely obscured due to the topography and the foliage when viewed from the east. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. There are three other gas stations along Diffley Road that are also zoned neighborhood business (see attached Exhibit for photos): 1. Holiday- 1650 Diffley Rd. East of the subject parcel, Holiday is within a development and utilizes a pylon sign. 2. Shell: 4206 Nicols Rd, Eagan, MN 55122. Utilizes a pylon sign that is readily visible and approximately 10' from the property line and ROW. 3. BP: 4205 Nicols Rd, Eagan, MN 55122. Utilizes both a pylon sign and a ground (monument) sign that is readily visible at approximately 10' from the property line/ROW. What sets the Applicant's site apart from the others is again, the topography, the median, and amount of ROW that dictates the signs distance from the roadway. In this case, at the point that driver's must make a decision to turn or change lanes to allow access to the site, the site and in r JON p 3 1077 APPLICATION: VARIANCE REQUEST RELATING TO 1815 DIFFLEY ROAD Rev. 6/23/17 particular the monument sign, is almost invisible to drivers. Currently, the Applicant does not enjoy the same opportunity and visibility that is enjoyed by the similarly zoned gas stations noted above, namely, that due to the MnDOT ROW, the Applicant's sign is not only impacted by changes in elevation, it is also required to be located a distance of at least 6o' from the roadway. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. As noted above, the extraordinary circumstances are a result of topography and highway ROW. The development was originally platted and filed in the County Recorder's Office on November 5th, 1986. The Applicant was not a party to the original development or subsequent construction at this particular site. d. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district. Here, the Applicant is requesting a variance that will allow him to place his signage at a level and size able to be viewed by passing motorists, similarly to that enjoyed by other businesses in the area. With respect to the LED stripe on the canopy, the site is surrounding by commercial, roadways or hillsides. As such, the added illumination, while alerting motorists to the presence of the station, it is being done in a subtle manner consistent with current BP branding standards, and not inconsistent with the general sign standards except for the express restriction for which the variance is being requested. In addition, when this parcel was developed, there was an easement granted to allow the shopping center sign (now on Lot 6) which provided for signage for the gas station to be located on the sign. However, when the shopping center was sold and the shopping center sign relocated, there is no evidence in the zoning file or record that the owner or operator of the gas station consented or participated in the decision that negated their rights under the easement until they applied for a permit for a new ground sign several months after the fact. e. The variance requested is the minimum variance which would alleviate the practical difficulties. The sign cabinet that has currently existed on the property since 2004, was approved even though it was non -conforming, due to a staff error. To now require the owner to conform to the code and reduce the size of the sign cabinet, would result in not only requiring the Applicant to buy a new sign cabinet at additional cost, but it would further reduce the height and ultimately the visibility of sign, which is the exact issue at play in this request. The heart of this request is that, at a minimum, we are simply increasing the base of the sign to counteract the change in elevation. We are not asking for a larger sign than currently exists at the site. With respect to enlarging the retaining walls, we are offering that as an added aesthetic value as part of the request. Similarly, with the addition of the LED strip, it is a simple and subtle change that would serve to counter the lack of visibility of the station due to the change in elevation. f. The variance would not be materially detrimental to the purposes of this Code, or to other properties in the same zone. APPLICATION: VARIANCE REQUEST RELATING TO 1815 DIFFLEY ROAD Rev. 6/23117 The grant of the variance would not be materially detrimental to the purposes of the City Code or other properties. To the contrary, with respect to the neighboring properties, the changes proposed would increase the awareness of the shopping center to the immediate north that is also rather hidden from view. In addition, increasing visibility to passing motorist provides direct benefit in that it potentially enhances safer driving and turning patterns of motorists that may otherwise attempt to quickly change lanes in order to access the site. g. The property for which the variance is requested is otherwise in compliance with the City Code. Except for the currently nonconforming monument sign and the slight encroachment of the south edge of the retaining wall as noted above, the property is otherwise in compliance with the City Code. In consideration of this request, the Applicant has volunteered to enhance the aesthetics of the retaining wall and pull it back to bring it into conformity. IN SUMMARY. The Applicant will be continuing to use the property generally in a reasonable manner allowed under the current conditional use permit, CUP 20 -CU -o1-03-90, and is requesting a variance from the code provisions stated above that relate specifically to signage located on the parcel(s). The Applicant purchased the property in 2016. The topographical grade changes and ROW distances impacting the visibility of the signage were not created by the Applicant. Since its initial development, several changes have been made at this development relating to signage and in particular, signage relating to the shopping center and this gas station. In order to revitalize the business at this location which, aside from gasoline sales includes a car wash and delicatessen, the Applicant believe it is necessary to make certain capital improvements to the site. In addition to other minor updating and improvements, he is re- branding and updating the image to that of a BP branded station in hopes of restoring the business to better serve and regain the patronage of the neighborhood and surrounding community. If granted, the proposed improvements requested under the variance will not alter the essential character of the locality. In fact, as one of the two "anchor" tenants of the shopping center, the changes may benefit the immediate commercial area by increasing visibility as to the products and services offered. In preparing this request, attention was given to the interests of all parties, the Applicant and surrounding businesses and residents, the City and those traveling on Diffley Road. Overall, given the proposed improvements to the site keeping in mind the needs of nearby residents, enhancement of public safety through increased visibility and time for decision-making while driving, we feel that this request provides some level of benefit to all parties and ask that the City Council grant the requested variance. The Applicant and its representative will be present at the public hearing and available for questions. ri 207„ 4 APPLICATION: VARIANCE REQUEST RELATING TO 1815 DIFFLEY ROAD APPLICABLE CODE SECTIONS: Code Section 11.70, Subd. 28 as relates to SIGNAGE APPLICANT/OWNER: DIFFLEY RE HOLDINGS, LLC NARRATIVE TO ACCOMPANY APPLICATION This Addendum is being submitted after initial staff review of the above -referenced submitted application revealed the need for an additional variance. Specifically, the Applicant is hereby also a requesting a variance from Section 11.70, Subd. 28 (C)(3), which states that "no business sign shall be located nearer than ten feet from any property or dividing line." Here, when the current business sign was approved and constructed under Permit No. G-736 on February 26, 1996, the sign was apparently erroneously located only 5' from the property line, not the required 10'. This sign was constructed after the Diffley Square Shopping Center pylon sign was moved from this location to its current location on Lot 6 under conditional use permit No. 20 -CU -34-12-95. While the shopping center was also to be located 10' from the property line, it is actually shown on the survey provided with this application as being within 1-2 feet from the south property line. Requested Variance. Because the current monument sign (with footings and a base) has been in place since 7996, we are requesting a 5' variance from the above -referenced code section to allow the sign to remain in its current location. Practical Difficulties. In considering all requests for a variance and whether the applicant established that there are practical difficulties in complying with the provision(s) of this chapter, the city council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. As discussed in the original application for a variance, the primary reason for these variances relate to the topography and increased depth of the MN Dot ROW resulting in the diminished visibility of the existing sign to drivers on Diffley Road. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. Without this variance, while the goal of the Applicant's application is to increase the visibility of its business sign, if required to conform to the literal requirement of the code, the visibility of the sign would be further diminished in that it would bei) even further away from the roadway at a distance of 6o', and 2) given the location of the pylon sign to the west on Lot 6, the Applicant's sign would essentially be almost entirely obscured by that sign from the view of drivers traveling eastbound on RECEIVED JUN 3 01UV 1 Addendum to VARIANCE REQUEST RELATING TO 1815 DIFFLEY ROAD Diffley RoadThe exceptional or extraordinary circumstances do not result from the actions of the applicant. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. As noted above, the extraordinary circumstances are a result of topography, the highway ROW, and the current location of the neighboring pylon sign which has a solid base of between 4-13 feet wide, not any action of the Applicant. d. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code, or to other properties in the same zone. For "d" through "f" above, the Applicant is requesting a variance that will allow him to maintain the current business monument sign in its current location. The sign is also surrounded by a landscape feature consisting of two rings of retaining wall blocks. Given this, the variance requested would be the minimum necessary to alleviate much of the practical difficulties. g. The property for which the variance is requested is otherwise in compliance with the City Code. See original narrative. In summary, the goal with this request for variance(s) from the code, is to allow the Applicant to place his signage at a location, level and size that in part, is the same as it has currently existed since its installation in 1996, and in other parts, to be able to be viewed by passing motorists, similarly to that enjoyed by other businesses in the area. We respectfully request that the Eagan City Council grant the Applicant's requests for the variances contained in the original narrative and this addendum. RECEIVED JUN 3 0 2017 2 EXHIBIT TO VARIANCE APPLICATION: 1815 DIFFLEY ROAD (b) OTHER GAS STATIONS/SIGNAGE ALONG DIFFLEY ROAD 1. Holiday- 1650 Diffley Rd. East of the subject parcel, Holiday is within a development and utilizes a pylon sign. 2. Shell: 4206 Nicols Rd, Eagan, MN 55122. Utilizes a pylon sign that is readily visible and approximately 10' from the property line and ROW. f r. fl T r -j 1 JUN 2 3 2017 EXHIBIT TO VARIANCE APPLICATION: 1815 DIFFLEY ROAD 3. BP: 4205 Nicols Rd, Eagan, MN 55122. Utlilizes both a pylon sign and a ground (monument) sign that is readily visible at approximately 10' from the property line/ROW. Jav r".7 7.0 j ,r1 ' d 32O7 2 EXHIBIT TO VARIANCE APPLICATION: 1815 DIFFLEY ROAD PHOTOS RELATING TO TRAVEL/VISIBILITY FROM DIFFLEY ROAD. Traveling West -bound on Diffley Road just east of exit off 1-35E: Station/signage is not visible at all. RECtIvET JUN 2 3 2017 EXHIBIT TO VARIANCE APPLICATION: 1815 DIFFLEY ROAD Continuing through intersection with 1-35E. Station is not visible as a station. Photo taken while entering turn lane, again, all that is visible of ground sign is white strip across the top and the top of the canopy: 4 RECEI VED JUN 2 3 2017 EXHIBIT TO VARIANCE APPLICATION: 1815 DIFFLEY ROAD Traveling Eastbound, entering turn lane onto Blackhawk Road (the only access way to station from the West). The ground sign is barely visible. If reduced to 4' in height and the base not raised, the sign (and the station) would be virtually invisible. Cont. Almost to intersection. 5 Agenda Information Memo July 18, 2017, Eagan City Council Meeting PUBLIC HEARING C. Variance — 3340 Dodd Road (James Gilliland) Action To Be Considered: To approve (or direct Findings of Fact for Denial) a Variance to allow solar equipment in a front yard on residential property located at 3340 Dodd Road, subject to the conditions listed in the staff report. Required Vote For Approval: Majority of Councilmembers present Facts: D The owner is requesting approval of a Variance to allow solar equipment in a front yard on property located at 3340 Dodd Road (Highway 149), on the east side of Dodd Road, north of Rolling Hills Drive and south of Chapel Lane. D The applicant is proposing to install a 13 kw free-standing solar array in the southwest corner of the property. The array is approximately 77 feet long and stands approximately 10.5 feet high. The array is about 1,000 sq. ft. and the panels are mounted at a 45 degree angle facing south. D While the City Code does not contain regulations specific to solar panels, the proposed free-standing array is considered an accessory structure, and is similar to antennae, satellite dishes, and wind energy conversions systems. D Various Sections of the ordinance such equipment and accessory structures require that such equipment not be located in a front yard. D The 1.8 acre property is unplatted and zoned R-1, Single-family residential, and contains a single family home built in 1923, with detached garage and other accessory structures. The house is located approximately 200 feet from the front lot line, well in excess of the minimum required 50 foot structure setback. There is a berm along the front of the property. The driveway is along the north side and shared with the neighboring lot. D The solar equipment is proposed to be set back 50 feet from the front lot line and side property line, which satisfies minimum structure setbacks. However, the location is within the front yard because the existing house is set back 200 feet. D The location of the solar equipment is behind the berm along the front of the property, and screened by existing trees and fence from neighboring residential lots to the south. The applicant's narrative indicates the proposed location is best suited for the solar installation because it has the best sun exposure with the least shade, and is screened from off-site views. > The 200 deep front yard is atypical of residential property. The proposal does not appear to be contrary to the intent of the ordinance. The proposed solar array meets required structure setbacks, and appears to be reasonably well -screened. Issues: > The applicant is requesting that the $400 Variance application fee be waived. 60 -Day Agency Action Deadline: > August 29, 2017 Attachments: (3) PHC-1 Location Map PHC-2 Staff Report PHC-3 Report Exhibits .,:. �� Cap City Ca y of ` ,A)f no KbiVC:: Location Map •Project Name: Gilliland-Variance • 3340 Dodd Road APOLLO ROAD Request: Variance 1� Case No.: 12-VA-03-06-17 lk • liniiill: (:::1 0: ®' IIISubject I LAPEL 10111‘ LANE A 1 j .■■ ,..,, ■ Site \lemiesin ed IF III Ak_r Wil Vai, ktif 4W,1.• Bur Oaks Park ==.:==; 11. 'IMO IIIIII Thresher ZlH.4•IiiPIIfd I. �'. �o Fields Vijlt •� • , lPark 'ICS Affi sBEETo — Oa :- �..+ o dlIiim ra 41111 Off; - *iIIIIIg� J ������:::::t4; �I. • AM Vankee Oootlle R� ll IiuuuuII■Iuuui �; 0 •• 1 9 4 OifFley Rtl C) 411If Map Area E f ent LCD 1 \ v Gliff Rtl ,I' ®EIT IJ8 .`,% O i I�lUA iE ® �e,,,, WescottI ® '��+i► W c Commons Park o�� jai g Et 1111 L..�..�....�..� .�..�..�..�.. •• y _- _ JRA II LCf o'er II __ mil J 1.1V 411440116i is f Voir 0 S-0 la , I I IFeet _,�I0 500 1,000 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 12, 2017 APPLICANT: James Gilliland PROPERTY OWNER: James Gilliland REQUEST: Variance LOCATION: 3340 Dodd Rd. COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-family Residential CASE: 12 -VA -03-06-17 HEARING DATE: July 18, 2017 APPLICATION DATE: June 30, 2017 PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST The applicant is requesting approval of a Variance to allow solar equipment in a front yard on property located at 3340 Dodd Road (Hwy. 149), on the east side of Dodd Rd., north of Rolling Hills Drive and south of Chapel Ln. The applicant is also requesting that the $400 Variance fee be waived because "the installation of my ground solar panel system is relatively straight forward decision based primarily on the aesthetics (not engineering or technical in nature) of the placement in the front yard." AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report — Gilliand, 3340 Dodd Rd. July 18, 2017 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. g. Whether the property for which the variance is requested is in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REQUIREMENTS The City Code does not contain specific provisions for the placement of solar equipment; however, staff has consistently considered solar (and wind) energy installations as accessory structures and applied those bulk standards. The following summarizes the relevant City Code provisions. Sec. 11.30 defines structure as "anything constructed or erected, the use of which requires a location on the ground or attachment to something having a location on the ground [such as] buildings, gazebos, decks, retaining walls, walls, fences over six feet in height ... but excluding at -grade improvements such as patios." Because it is not the primary use of the property, and is detached from the principal dwelling, the solar array is considered an accessory structure. Sec. 11.40, Subd. 5 of the City Code regulates the placement of accessory structures on residential property, which includes "No accessory use or building shall be allowed within a required front yard setback ... and no accessory building or structure may be placed within the front yard." Sec. 11.30 defines the front yard as "the area between the front lot line and the front building or setback line." The required front yard is defined as "the open area between a lot line and the setback line as specified in the setback regulations for the district in which the such lot is located," which in this case is the 50' abutting Dodd Rd. Also, Sec. 11.70, Subd. 26 of the City Code specifically provides for the installation of antennae, satellite dishes and wind energy conversion systems and towers, which uses are similar to the proposed free-standing solar array. This ordinance requires that: • An antenna tower shall be located in the rear yard. • All setback requirements for accessory structures shall be met. • The location and color [of such equipment] shall be in a manner to minimize off-site visibility to the greatest extent possible Planning Report — Gilliand, 3340 Dodd Rd. July 18, 2017 Page 3 BACKGROUND/EXISTING CONDITIONS The property is unplatted and is approximately 1.8 acres in size. It contains an existing single- family home with a detached garage and other accessory structures which are located in the rear yard. In 2014, Highway 149/Dodd Rd. was reconstructed in this area, which included installation of a berm along the east side of the roadway. EXISTING CONDITIONS The existing single-family home was constructed in 1923. It is set back approximately 200 feet from the front lot line, well in excess of the minimum required 50 foot front setback. The driveway is located along the north side of the property, and is shared with the neighboring lot. The property is zoned R-1, Single-family, and guided Low Density residential, as are the adjacent properties. Across Dodd Rd/Highway 149 to the west, the properties are zoned and guided Limited Industrial. EVALUATION OF REQUEST Proposal - The applicant is proposing to install a 13kw (kilowatt) free-standing solar array as part of Xcel Energy's residential solar program. The installation consists of 48 panels, each 3.25' x 6.5' in size. The entire array will occupy approximately 1,000 sq. ft. The panels are mounted at a 45° angle facing due south. The array is 77 feet long, and stands approximately 10.5 feet high. Other equipment associated with the installation includes the electrical wiring necessary to transmit the energy collected by the solar array to the Xcel lines. The panels are proposed to be located in the southwestern portion of the yard, which is within the front yard. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. Evaluation — A practical difficulty is required to grant relief from the strict application of the ordinance. The applicant is requesting relief to allow the solar equipment to be placed in a front yard. The size of this property and location of the existing house resulting in a 200'deep front yard are atypical of R-1 zoned property. The proposed equipment will be approximately 50 feet from the west (front) property line, and 50 feet from the south (side) property line. This placement satisfies typical minimum structure setbacks in the R-1 zoning district. While the proposed location is within the front yard, it is not within the required front yard. Thus, the proposal does not appear to be contrary to the intent of the ordinance. The location of the proposed solar equipment is behind the berm along the roadway, and visibility from the adjacent residential properties to the south is screened by an existing fence trees, and other vegetation. Thus, the proposed location appears to be reasonably well screened from the public right of way and from adjacent property, minimizing off-site visibility. Planning Report — Gilliand, 3340 Dodd Rd. July 18, 2017 Page 4 APPLICANT'S PRACTICAL DIFFICULTIES The applicant's narrative states the proposed location is the best suited for the solar installation because it is less shaded than placement in the rear yard where mature trees create shade and would interfere with sun exposure. In addition, he indicates "reflection from the glass panels is not a problem in the industry," and the neighbor to the south "has a fence and 12' lilacs in place" that screen their view to the north. Because of the placement of the existing home which far exceeds the required minimum front setback, approximately half of the yard is considered front yard. SUMMARY/CONCLUSION The applicant is proposing to install a free-standing solar array in a front yard. While such equipment is not specifically provided for in the zoning ordinance, it is an accessory structure and considered similar to antennae, satellite dishes and wind energy conversion systems which are regulated in the City Code. The solar array is 10.5' high, and proposed to be located at a 50' front yard setback and 50' side yard setback, facing due south. At 200', the property has an unusually deep front yard, which is atypical of R-1 zoned property. The proposed solar panels require the least obstruction for the greatest sun exposure. The proposed location for the solar panels satisfies minimum structure setbacks and appears to be reasonably well -screened from adjacent property and the roadway. The applicant is also requesting the City Council waive the Variance application fee ($400). ACTION TO BE CONSIDERED The applicant is requesting approval of a Variance to allow solar equipment in a front yard on property located at 3340 Dodd Road. If approved, the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The solar array shall meet minimum structure setback of 50 feet from the front property line. 3. A Zoning Permit shall be obtained prior to installation of the solar array. .,:. �� Cap City Ca y of ` ,A)f no KbiVC:: Location Map •Project Name: Gilliland-Variance • 3340 Dodd Road APOLLO ROAD Request: Variance 1� Case No.: 12-VA-03-06-17 lk • liniiill: (:::1 0: ®' IIISubject I LAPEL 10111‘ LANE A 1 j .■■ ,..,, ■ Site \lemiesin ed IF III Ak_r Wil Vai, ktif 4W,1.• Bur Oaks Park ==.:==; 11. 'IMO IIIIII Thresher ZlH.4•IiiPIIfd I. �'. �o Fields Vijlt •� • , lPark 'ICS Affi sBEETo — Oa :- �..+ o dlIiim ra 41111 Off; - *iIIIIIg� J ������:::::t4; �I. • AM Vankee Oootlle R� ll IiuuuuII■Iuuui �; 0 •• 1 9 4 OifFley Rtl C) 411If Map Area E f ent LCD 1 \ v Gliff Rtl ,I' ®EIT IJ8 .`,% O i I�lUA iE ® �e,,,, WescottI ® '��+i► W c Commons Park o�� jai g Et 1111 L..�..�....�..� .�..�..�..�.. •• y _- _ JRA II LCf o'er II __ mil J 1.1V 411440116i is f Voir 0 S-0 la , I I IFeet _,�I0 500 1,000 Project Name: Gilliland- Variance 3340 Dodd Road Request: Variance Case No.: 12 -VA -03-06-17 This map is for reference use only. 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Find o sh op. c omisol ar .e ompo Embed 30Jun17 The Reasons for my Variance request at 3340 Dodd Road My yard is almost two acres and with over 50 mature trees on the property: 1) Site in front yard is less affected by shading (solar contractor estimates about 25% more direct sunlight), larger area (leaves room for the possibility of adding capacity at a later date), due to the layout of the property, the panels will be Tess visible to my neighbors in this location/site (front yard) rather than than the back yard. 2) Site has a six foot privacy fence (plus 12' lilacs) with my neighbor to the south, a six foot berm (with numerous evergreens planted on it that vary between 3 - 10 feet) to the west street facing side, and my own tree filled yard to the north and east. 3) The solar panels will face due south and be mounted at a 45 degree angle. Reflection from the glass panels is not a problem in the industry. Additionally, the only neighbor it could possibly effect, is directly south and they have a six foot privacy fence with 12' lilacs in place. 4) In light of the fact that the installation of my ground solar panel system is relatively straight forward decision based primarily on the aesthetics (not engineering or technical in nature) of the placement in the front yard, I request that the the $400 variance fee be waived in this case. James Gilliland 3340 Dodd Road Eagan, MN 55121 Agenda Information Memo July 18, 2017, Eagan City Council Meeting OLD BUSINESS A. Approve an addendum to the Final Planned Development for Viking Lakes Phase II, Lot 2, Block 1, Viking Lakes — MN Development Company, LLC Action To Be Considered: To approve a Final Planned Development Addendum upon approximately 20 acres located north of Vikings Parkway and south 1-494. Facts: ➢ The Viking Lakes Preliminary Planned Development (PPD) was established in 2016. ➢ Phase 1 and Phase 11 are currently under construction and include Vikings Headquarters, Indoor Practice Facility, stadium, Twin City Orthopedics (TCO) medical office building and sports medicine center. ➢ The Amenities Plan is consistent with the PPD and design details have now been fleshed out. It is the applicant's intention to begin construction as soon as possible. ➢ The proposed design works with the site topography resulting in a tiered plaza area that provides access to the looping trail system as well a land bridge that will provide pedestrian access between the future development sites east of the lakes to the stadium and plaza. ➢ The proposed design also depicts the assorted landscape and other amenities at the stadium entry drop-off and the southwest stadium entrance (upper plaza) which will serve as the primary entrance to the stadium and practice fields, from the east. ➢ The center plaza area provides the most active area and helps provide a transition between the upper and lower plaza areas. ➢ A future phase of this amenity plan includes a potential feature of the lower plaza area is an approximately 6,000 SF two-story Skol Pavilion that would accommodate event space, food and beverage service, recreational equipment rental facilities and outdoor gathering areas. This area will be graded presently but seeded or sodded until said facility is constructed. > If approved, the documents and agreements will be finalized to incorporate these amenity features as an addendum to the Phase 11 Final Planned Development Agreement. Issues: None Attachments: (5) OBA-1 Location Map OBA-2 Project Narrative OBA-3 Public Realm Amenity Plan OBA-4 Vikings Drive and Stadium Drop OBA-5 Plaza and Island Bridge M11111// Ai 1III' I� I. a ,,, City of Cap ,. 111 Location Map libi.Project Name: Viking Lakes .,--• 141V. [SubjectSite ______ pie 1,r,,, \\L y �< AOR SP1 �• WEST pAR( iii , Oak RL AMES CROSSING R wi il a Q• › . Yankee Doodle RE ..y CC Q 0.4 k itO E 40 ; OifFl". 11-4W O J �4 Map Area E ent cliff Ra •• /\ :• N 1 1 1 Feet e. h 0 500 1,000 "Viking Lakes" Development Project Narrative Supporting Amenities Plan June 2017 Proposers: MV Eagan Ventures, LLC Sheldon Road Associates, L.L.C. M Land, LLC Eagan V, LLC MV/TCO Ventures, LLC Table of Contents Page I. INTRODUCTION 1 II. AMENITIES PLAN 1 LOCATION 1 COMPONENTS 2 III. CONSTRUCTION PHASING 4 IV. SUBDIVISION 4 V. USES .. 5 V. REQUEST / CONCLUSION 6 SCHEDULE OF EXHIBITS Tab 1 Tab 2 Tab 3 Tab 4 Tab 5 Tab 6 Tab 7 Tab 8 Tab 9 Open Space and Trail Plan Amenities Plan Stadium Entry Drop-off Southwest Stadium Entrance / Upper Plaza Center Plaza Lower Plaza Island Bridge Trail Depictions Vikings Circle i I. INTRODUCTION On March 7, 2017, we received final planned development approvals to construct the second phase of the Viking Lakes development (Project). These final approvals entitled us to construct two buildings on Lot 2, Block 1, Viking Lakes. The first is a Medical Office Building for Twin Cities Orthopedics, P.A. and the second is a Sports Medicine Center Building, half of which will be occupied by Twin Cities Orthopedics and the other half of which will be occupied for uses complementary to the Minnesota Vikings Headquarters and Training Facility, commonly known as the "Twin Cities Orthopedics Performance Center." These final approvals were documented in a Final Planned Development Agreement dated March 7, 2017, between Proposers and the City (Final PD Agreement). Section 4 of the Final PD Agreement obligated us to submit a Final Amenities Plan to the City before the City would agree to issue any building permits for buildings other than the buildings described in the Final PD Agreement. The Amenities Plan must be consistent with the Open Space and Trail Plan approved by the City as part of our preliminary planned development approvals for the Project. A depiction of the Open Space and Trail Plan is attached at TAB 1. II. AMENITIES PLAN LOCATION The required Amenities Plan is attached at TAB 2 and depictions of the components of the Amenities Plan this Narrative describes are attached at TABS 3 - 10. The Plan areas are highlighted on TAB 2 and relate to (i) the Stadium Drop-off Area Cul-de-sac south of the Vikings' outdoor practice fields; (ii) the Plaza area between the south walls of TCO Stadium (under construction as part of Phase I) and the north walls of the Phase II buildings that are under construction; (iii) the "Island Bridge" area (formerly part of Northwest Parkway) that is between the two lakes east of Phase I; (iv) the Trail system that surrounds the two lakes and connects with the Vikings Parkway trail/sidewalk network; and (v) Vikings Circle, the private roadway that will provide access between Phases I and II and Vikings Parkway. 1 COMPONENTS The Amenities Plan consists of the following components, from west to east on the Plan attached at TAB 2: Stadium Entry Drop-off (TAB 3). This area is the primary entry to the Stadium concourse and practice field viewing hills from Vikings Parkway. It is also the western access to the Plaza and lakes, Trails and Island Bridge to the east. This area is comprised of a vehicular access with drop off area and limited short term and ADA parking. This space is designed as primarily pedestrian and can be closed off from vehicular access during events. Amenities include raised cast in place planters, trees, tree grates, seat walls, trash and recycling containers, bicycle racks, lighting and decorative bollards. Transit and other vehicles will use this area for drop off and access to the practice fields and Stadium concourse for daily use and events. Southwest Stadium Entrance / Upper Plaza (TAB 4). The Upper Plaza is the primary entrance to the Stadium and practice field area from the east. The Upper Plaza consists of a large concrete open space to accommodate large groups of pedestrians and events. It is home to the Stadium ticket window building and north access to the Sports Medicine Center Building. The Upper Plaza is the first of three Plaza levels that make up the large events Plaza and sits 24' above the Lower Plaza adjacent to the lakes. The Upper Plaza amenities include large trees in tree grates, pedestrian lighting and banners, seating elements, trash and recycling containers, 100amp power bollards for events, and concrete paving. Center Plaza (TAB 5). The Center Plaza is the most active zone in the overall Plaza design. The Center Plaza helps transition the Upper and Lower Plazas with ADA ramps, stairs, and amenities including seating overlooks, raised planters, trees and landscaping. The central area of the Center Plaza contains a 1/4 size artificial turf football field for programmed events and game day activities. Terraced seating, lighting and landscaping surround the turf field. The space contains amenities including benches, an event deck, 2 trash and recycling containers, pedestrian scale lighting, sculpture, 100amp power bollards for events, and concrete paving. The Center Plaza also has a direct, controlled access to the Stadium concourse. Lower Plaza (TAB 6). The Lower Plaza includes a part of Vikings Circle, which leads from Vikings Parkway to the guardhouse and gate for Phase I and beyond to the main Phase I entry drop off. This part of Vikings Circle has parking on both sides, but is designed to be a pedestrian gathering area during larger events and gamedays. The Lower Plaza is the primary access to the team store and hall of fame to be located in the Sports Medicine Center Building. The eastern edge of the Lower Plaza is home to the future Skol Pavilion (described below) and provides access to the lakes, Trails and Island Bridge. The amenities in the space include concrete paving, pedestrian and vehicular lighting, seating, large tress and planters with landscaping, trash and recycling containers and 100amp power bollards for events. Island Bridge (TAB 7). The Island Bridge sits on the former Northwest Parkway roadway area between the north and south lakes. The majority of the Island Bridge sits on existing dry ground and includes amenities such as decorative pavers, a boardwalk, hall of fame decorative paving, plaques and trees, a focal point sculpture, railing, trash and recycling containers, bicycle parking, ADA ramps and stairs, lighting and provisions for some type of fire element. The Island Bridge has two feature bridges on the east and west sides that span cuts into the old parkway area to give the appearance that the lakes are joined. The Island Bridge is the primary connector for pedestrians moving from future Project phases east of the lakes toward the Stadium and Plaza areas. Trails (TAB 8). The Trails around the lakes make a complete loop trail system that is .65 miles long. The Trails wrap the north and south lakes and connect to future Project development to the east and south. The Trails are made of bituminous surfacing and will be ADA compatible. There are several nodes along the Trails that provide places to sit, meet, learn and view. The Trail system will 3 include amenities such as pedestrian scale lighting, trash and recycling containers, kiosks, signage and wayfinding. Vikings Circle (TAB 9). Vikings Circle is the primary vehicular access corridor between the Phase I and Phase II developments and Vikings Parkway. Viking Circle will also be used as a pedestrian and bicycle access route to the Plaza, lakes, Trails and will become part of the Lower Plaza during events. Viking Circle is made up of amenities including concrete pavement, decorative drop offs, landscaping, seating, and both pedestrian and vehicular lighting. There will likely be a sculpture or other visual element in the circle between the Phase II Medical Office Building and Sports Medicine Center Building, as shown on the Master Sign Plan the City approved for the Project. Skol Pavilion (Future Amenities Phase) (TAB 10) The Skol Pavilion, if constructed, will sit at the base of the Lower Plaza and adjacent to the south lake's shoreline. This future permanent building designed for temporary use and occupancy will be a two level structure. The upper level of the Skol Pavilion (planned to consist of approximately 6,000 square feet) will be at grade and will front Vikings Circle. There may be an attached outdoor space of approximately 4,000 square feet. The lower level will walk out to the southerly lake and the water access point and will range from 6,000 to 10,000 square feet in size. The Skol Pavilion will likely house an event space or spaces, food and beverage service, recreational equipment rental facilities and storage, and include an outdoor patio and gathering area, fire pits, a water access point, Plaza and lake Trail access, all as described below. We will grade and cover the Skol Pavilion area with grass until it is built. III. CONSTRUCTION PHASING We intend to commence construction of all components of the Amenities Plan (except the Skol Pavilion) this summer and to complete construction on or about the time we complete Phases I and II (approximately April 1, 2018). At this time, the Skol Pavilion is a future phase. 4 IV. SUBDIVISION The boundary line that separates the Phase I land (Lot 1, Block 1) and the Phase II land (Lot 2, Block 1), currently bisects the Plaza area shown in the Amenities Plan. We intend to apply to the City to re -subdivide Lots 1 and 2 to create a new lot(s) or outlot(s) between Phase I and Phase II upon which all improvements shown in the Amenities Plan will be located. This has the benefit of simplifying responsibility for operations and maintenance of the Amenities Plan improvements. We intend to apply for the re -subdivision this summer. V. USES The proposed uses of the Amenities Plan area are consistent with uses proposed in our Open Space and Trail Plan and as described in previous Narratives we have submitted in connection with the Project. These uses are described as follows: STADIUM ENTRY This area and all sidewalks and trails on it will be privately owned and controlled but open to the public for general pedestrian, vehicular and bicycle use. The landowner will have the right to close access to this area for security purposes or in connection with certain events. PLAZA AREA (UPPER, CENTER AND LOWER) AND ISLAND BRIDGE These areas will be privately owned and controlled, but open to the public for general pedestrian and bicycle use. The landowner will have the right to close access to these areas for security purposes or in connection with certain events. Members of the public may be permitted to use these areas for events, pursuant to a use, license or similar agreement to be entered into between the landowner and the user. The landowner may charge a fee for such use. TRAILS The Trails will be open to the public for general pedestrian and bicycle use pursuant to Trail Easements previously granted by us to the City. SKOL PAVILION The Skol Pavilion is intended to be an event center and warming house to host events and to provide storage and rental for recreational equipment 5 such as cross-country skis, skates and watercraft (canoes, kayaks and paddle boats). The event center will be on the upper level of the Skol Pavilion and the equipment storage and rental area will be on the lower level with direct access to the water and Trails. Events will generally take place after normal business hours and on weekends so that the Phase I public parking area and the Phase II parking areas (other than the 50 stalls exclusively reserved to TCO) may be utilized. The Skol Pavilion will be privately owned and operated. The owner may make the Skol Pavilion available to members of the public for events, pursuant to a use, license or similar agreement between the landowner and the user. The landowner may charge a fee for such use. VI. REQUEST/CONCLUSION After our presentation to the City Council on July 5, 2017 and the City Council's review of our Amenities Plan for Phases I and II, we request that the City Council approve the Amenities Plan to satisfy the condition described in Section 4 of the Final PD Agreement and to put us in position to obtain any necessary building permits to commence construction of the improvements shown in the Amenities Plan. We also request that the City approve the size, location and proposed use of the Skol Pavilion, in concept, with the understanding that we would not commence construction of the Skol Pavilion without obtaining necessary building permits from the City. Our Amenities Plan is consistent with the Open Space and Trails Plan and will provide unparalleled amenities to the Project and to the public. Construction of these improvements is the next step toward making Viking Lakes a world class destination. 6 TAB 1 Fs SIDEWALK NETWORK ±33,095 TOTAL LF P C DEST IAN /f/ TRAIL LOOP NETWORK ±11,540 TOTAL LF PRIMARY AC ±5,120 LF DOUBLE TRAIL ±3,060 LF DOUBLE TRAIL TRAIL CROSSING CONNECT TO MENDOTA LEBANON HILLS REGIONAL TRAIL PEDESTRIAN CROSSINGS PRIMARY TRAIL ACCESS CSNNECTTO MENDOTA LEBANON HILLS REGIONAL TRAIL Landscape Guidelines 95 TAB 2 ►f.l.ro-oM- 8 • NEM DRIVE. SEE CIVIL u) w S F -- C3 C, 0 0 C 2f MNI r=1r M4. 1 llllli I I I I I I i lillllil PARKING LOT, SEE CIVIL --1 -_� i• ,- . 1• s• .. a• R M M• 1 4. 41.-Y.;t:t* !• 4• ih yfa••1• 4. 4. 4),•(}•j A'la::fa4 �1• • s 441 t• !• !. a• 4• l—', .:ter _ l 4.,• •.,+•1�%4 .4 .* '4. ,F.., .,;:•.10:,..1.•.1:*, .•y.,,.r..�., •.;.,r., .=•1.,�:.,.•;,.^�;+.1.-�.ry:•. :•, .•y.•,�JgL,l.,l.%� y , LJ Oniell Dr. 4110,31100 11M1.01110 .00 0.0 / of ii> �,f i�f aei� iii ,f/ / ., �•• ''//A(/ �. . �r.,;r.. r+, r, rr. r..,/.y r•.• .' • r r•.J '..,fir• r�• any//,///// /�f -19 -J I I I I 1 � I 1 1 I I I rim"1 riefoil Ncl iii 4ito ir. , 0,.. , Po X 41 of ul 4 i 0 oll' II 1 aka Am -to j5st lit PARKING LOT, SEE CIVIL I. 1 + .65 mi. Bituminous Loop Trail eadquarters7// / —j* North Lake i I 1 L 11!,1141 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 { 1 1 i•z-1111111111111111 1/1111111 Y111111r111.1.1 lllrleersr�r Stadium Entry Dropoff r - 1. i • eP r + " 1 1- / / / / / / / / r / / / Upper Plaza / / / / PARKING LOT PART OF TCO BID PACKAGE 1 Lower Plaza Land Bridge Future Skol Pavilion Future Connection to East Retail Water Access .65 mi. Bituminous Loop Trail / / / / rr / / / / Public Parking Biofiltration Cells / r FUTURE PLAZA DEVELOPMENT .' r r ,// -J VIKINGS LAKES - PUBLIC REALM AMENITY PLAN MINNESOTA VIKINGS Northwest Parkway 1 1 1 1 1 1 0'1 1 2) 40' 80' Connection to Sidewalk + Future South Trail System conFL„,, EnCE June 7, 2017 I4 11 , 11h dill 1)X1 4 41 1414 1141 XIXI 1111 1113 1111 1411 1141 1 Entry Gate V.3 I p� 44111 1 101.1111 WI 1111 Y111 111) 1111 Ihli i1/1-1111-1111 1r-1141 11111-1111'�� ii �..� 1'1111 1111 Practice 7 11 111'1 11 ,. 1 1111 1114 l 1111 1111 Fields 1 1!1111111111111 1111 1111 1111 1111 NEM DRIVE. SEE CIVIL u) w S F -- C3 C, 0 0 C 2f MNI r=1r M4. 1 llllli I I I I I I i lillllil PARKING LOT, SEE CIVIL --1 -_� i• ,- . 1• s• .. a• R M M• 1 4. 41.-Y.;t:t* !• 4• ih yfa••1• 4. 4. 4),•(}•j A'la::fa4 �1• • s 441 t• !• !. a• 4• l—', .:ter _ l 4.,• •.,+•1�%4 .4 .* '4. ,F.., .,;:•.10:,..1.•.1:*, .•y.,,.r..�., •.;.,r., .=•1.,�:.,.•;,.^�;+.1.-�.ry:•. :•, .•y.•,�JgL,l.,l.%� y , LJ Oniell Dr. 4110,31100 11M1.01110 .00 0.0 / of ii> �,f i�f aei� iii ,f/ / ., �•• ''//A(/ �. . �r.,;r.. r+, r, rr. r..,/.y r•.• .' • r r•.J '..,fir• r�• any//,///// /�f -19 -J I I I I 1 � I 1 1 I I I rim"1 riefoil Ncl iii 4ito ir. , 0,.. , Po X 41 of ul 4 i 0 oll' II 1 aka Am -to j5st lit PARKING LOT, SEE CIVIL I. 1 + .65 mi. Bituminous Loop Trail eadquarters7// / —j* North Lake i I 1 L 11!,1141 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 { 1 1 i•z-1111111111111111 1/1111111 Y111111r111.1.1 lllrleersr�r Stadium Entry Dropoff r - 1. i • eP r + " 1 1- / / / / / / / / r / / / Upper Plaza / / / / PARKING LOT PART OF TCO BID PACKAGE 1 Lower Plaza Land Bridge Future Skol Pavilion Future Connection to East Retail Water Access .65 mi. Bituminous Loop Trail / / / / rr / / / / Public Parking Biofiltration Cells / r FUTURE PLAZA DEVELOPMENT .' r r ,// -J VIKINGS LAKES - PUBLIC REALM AMENITY PLAN MINNESOTA VIKINGS Northwest Parkway 1 1 1 1 1 1 0'1 1 2) 40' 80' Connection to Sidewalk + Future South Trail System conFL„,, EnCE June 7, 2017 1, 1 1111 1111 1111 111 1r. 1111 1111 101l$p 1111/111 Stadium �' 11 1111_4111 1111^1111 1Tf , 1111 1111 1 1111.1114 1111 1111 I 11 1111 1:11 1 1 Entry Gate NEM DRIVE. SEE CIVIL u) w S F -- C3 C, 0 0 C 2f MNI r=1r M4. 1 llllli I I I I I I i lillllil PARKING LOT, SEE CIVIL --1 -_� i• ,- . 1• s• .. a• R M M• 1 4. 41.-Y.;t:t* !• 4• ih yfa••1• 4. 4. 4),•(}•j A'la::fa4 �1• • s 441 t• !• !. a• 4• l—', .:ter _ l 4.,• •.,+•1�%4 .4 .* '4. ,F.., .,;:•.10:,..1.•.1:*, .•y.,,.r..�., •.;.,r., .=•1.,�:.,.•;,.^�;+.1.-�.ry:•. :•, .•y.•,�JgL,l.,l.%� y , LJ Oniell Dr. 4110,31100 11M1.01110 .00 0.0 / of ii> �,f i�f aei� iii ,f/ / ., �•• ''//A(/ �. . �r.,;r.. r+, r, rr. r..,/.y r•.• .' • r r•.J '..,fir• r�• any//,///// /�f -19 -J I I I I 1 � I 1 1 I I I rim"1 riefoil Ncl iii 4ito ir. , 0,.. , Po X 41 of ul 4 i 0 oll' II 1 aka Am -to j5st lit PARKING LOT, SEE CIVIL I. 1 + .65 mi. Bituminous Loop Trail eadquarters7// / —j* North Lake i I 1 L 11!,1141 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 { 1 1 i•z-1111111111111111 1/1111111 Y111111r111.1.1 lllrleersr�r Stadium Entry Dropoff r - 1. i • eP r + " 1 1- / / / / / / / / r / / / Upper Plaza / / / / PARKING LOT PART OF TCO BID PACKAGE 1 Lower Plaza Land Bridge Future Skol Pavilion Future Connection to East Retail Water Access .65 mi. Bituminous Loop Trail / / / / rr / / / / Public Parking Biofiltration Cells / r FUTURE PLAZA DEVELOPMENT .' r r ,// -J VIKINGS LAKES - PUBLIC REALM AMENITY PLAN MINNESOTA VIKINGS Northwest Parkway 1 1 1 1 1 1 0'1 1 2) 40' 80' Connection to Sidewalk + Future South Trail System conFL„,, EnCE June 7, 2017 TAB 3 VIKING LAKE STADIUM ENTRY PLAZA 9 VIKING PRACTICE FIELDS • AND TRAINING AREA • 9 VIKING HEADQUARTERS • AND IPF • • • 9 STADIUM DROP OFF Q STADIUM ENTRY GATE • • • • • • • • • • Q TICKET BOOTH • • • • Q STADIUM • • • • • • • • • • TEMPORARY PLANTING • FUTURE VIKINGS BUILDING • • • • • • • • • • • • 0 TCO SMC • • • • • 6 LIGHTING AND BANNER POLE • • ▪ ACCESS ROAD Q AND PARKING GAMDAY AND EVENT PLAZA COf1FLUEf10E TAB 4 VIKING LAKE UPPER PLAZA 0 STADIUM GATE VIDEO WALL • • 0 STADIUM : TICKET BOOTH Q STADIUM • • • 1 Q ASPEN CATHEDRAL 0 TO VIKINGS PARKWAY conFLuEncE TAB 5 VIKING LAKES CENTER PLAZA O TWIN CITIES : ORTHOPEDICS SMC BUILDING O FOCAL POINT O GAME DAY PLAZA O STADIUM ACTIVITY ZONE : AND OVERLOOK • • • • • O TERRACING AND STAIR ACCESS TO STADIUM • O ACCESS TO TEAM STORE AND HALL OF FAME O PLAZA STAGE • • • • LIGHTING, TECHNOLOGY O AND VIDEO TOWER COf1FLUEf10E TAB 6 VIKING LAKE LOWER PLAZA o PLAZA TERRACING AND RAMPING TO ACCOMODATE : GRADE • Q STADIUM 9 STADIUM • SERVICE AREA • • • • • • 0 VIKINGS TEAM STORE conFLuEncE TAB 7 O STADIUM VIKING LAKES : LAKES, TRAILS, BRIDGE AND SKOL PAVILION 9 GUARD HOUSE VISITOR PARKING O VIKING HEADQUARTERS : AND IPF • • • • • • • • O HEADQUARTERS • DROP OFF • • • • �,, III�Iiiln� ■iILrIAl III 11111 �M�llIll 1111111111111111 '-��!�u��uiwi�n" ui; • PION _�I.. �IuII illli)iiri� HIEN 1. �114ti��i' 01. 01. • • (o NORTH LAKE Co• • • • NORTH LAKE LOOP TRAIL • O SOUTH LAKE TRAIL p WATER ACCESS • • ■ O LOWER PLAZA • • • • • • • • • • • • • • • • ■ • 6 FUTURE SKOL PAVILION • • • • • • • • • • • • • • • • • • • • O INORTH LAKE INLETS 9 O ISLAND BRIDGE O SOUTH LAKE 0 SCULPTURAL ELEMENT O BRIDGE COf1FLUEf10E LAKES, TRAILS, BRIDGE AND SKOL PAVILION O HALL OF FAME BOSKE AND PLAQUES • • • • • Q SCULPTURE • Q GATEHOUSE • • • • 9 STAIR AND • SWITCHBACK • • • • • • • • • • • • O LOOP TRAIL 0 LAKE CUT THROUGH • O NORTH LAKE COr1FLUEf10E TAB 8 p TCO : MOB • Q WATER ACCESS LAKES, TRAILS, BRIDGE AND SKOLPAVILION Co FUTURESKOL : PAVILION • TRAIL OVERLOOK VIKING LAKE• • • O UPPER TRAIL STAIR ACCESS O LOWER LOOP TRAIL 0 SOUTH LAKE COf1FLUEf10E VIKING LAKES LAKES, TRAILS, BRIDGE AND SKOL PAVILION 0 SCOREBOARD • • • • • • • • • 6 O INFILTRATION : BASIN • • • • • • • • • • • • • • • • • • Q HEADQUARTERS : AND IPF • • • • • • • • • • • • • • • • 9 HEADQUARTERS • DROP OFF • • • • • • • • • • • • • • • • • • • • • • • nitt Lam.. r - 0 SWITCHBACK TO PLAZA • WEST SIDE NORTH LAKE TRAIL LOOP COf1FLUEf10E LAKES, TRAILS, BRIDGE AND SKOL PAVILION O FUTURE SKOL PAVILION • TCO/SMC & . TEAM STORE • • • • • • • • 9 LOWER PLAZA • • • • • • • • • • • • • • • • • • • 9 GATEHOUSE • • • • • • • • • • • • • • • • • • • • • • STADIUM • • • • • • • • • • • • • • • • • • • • • • • • • • • [tin 1Nif/1 u. !111 iii61i.0 • • • • • • O WATER ACCESS 0 • O SOUTH LAKE • • • • • • • • • • • BRIDGE COf1FLUEf10E TAB 9 111111 11 N, _ LIlM 1 MN VIKING LAKES VIKING CIRCLE ENTRY DRIVE 0 TCO SMC 9 FUTURE SKOL PAVILION • • • • • • • • • • • • O ROUNDABOUT : SCULPTURE O GATEWAY FEATURE O TCO MOB WALL • • • • • • • • • • • • • • • • • • • • • • • 1 0 WIDENED WALKWAY • • • • O LIGHTPOLE WITH BANNER O PLANTED MEDIAN COf1FLUEf10E VIKING LAKES VIKING CIRCLE ENTRY DRIVE 0 STADIUM Q TCO SMC 0 PLAZA PARKING/PEDESTRIAN 0 PLAZA 0 VIKING TEAM STORE • 0 FUTURE SKOL PAVILION • • • • • • • 0 NORTH LAKE 0 TCO MOB Q VIKING CIRCLE ENTRY DRIVE • VIKING CIRCLE 0 ROUNDABOUT COf1FLUEf10E ►f.l.ro-oM- 8 • NEM DRIVE. SEE CIVIL u) w S F -- C3 C, 0 0 C 2f MNI r=1r M4. 1 llllli I I I I I I i lillllil PARKING LOT, SEE CIVIL --1 -_� i• ,- . 1• s• .. a• R M M• 1 4. 41.-Y.;t:t* a1 4• ih yfa••1• 4. 4. 4),•(}•j A'la::fa4 �1• • s 441 t• !• !. a• 4• l—', .:ter _ l 4.,• •.,+•1�%4 .4 .* '4. ,F.., .,;:•.10:,..1.•.1:*, .•y.,,.r..�., •.;.,r., .=•1.,�:.,.•;,.^�;+.1.-�.ry:•. :•, .•y.•,�JgL,t.,l.%� y , LJ Oniell Dr. 4110,31100 11M1.01110 .00 0.0 / of ii> �,f i�f aei� iii ,f/ / ., �•• ''//A(/ �. . �r.,;r.. r+, r, rr. r..,/.y r•.• .' • r r•.J '..,fir• r�• any//,///// /�f -19 -J I I I I 1 � I 1 1 I I I rim"1 riefoil Ncl iii 4ito ir. , 0,.. , Po X 41 of ul 4 i 0 oll' II 1 aka Am -to j5st lit PARKING LOT, SEE CIVIL I. 1 + .65 mi. Bituminous Loop Trail eadquarters7// / —j* North Lake i I 1 L 11!,1141 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 { 1 1 i•z-1111111111111111 1/1111111 Y111111r111.1.1 lllrleersr�r Stadium Entry Dropoff r - 1. i • eP r + " 1 1- / / / / / / / / r / / / Upper Plaza / / / / PARKING LOT PART OF TCO BID PACKAGE 1 Lower Plaza Land Bridge Future Skol Pavilion Future Connection to East Retail Water Access .65 mi. Bituminous Loop Trail / / / / rr / / / / Public Parking Biofiltration Cells / r FUTURE PLAZA DEVELOPMENT .' r r ,// -J VIKINGS LAKES - PUBLIC REALM AMENITY PLAN MINNESOTA VIKINGS Northwest Parkway 1 1 1 1 1 1 0'1 1 2) 40' 80' Connection to Sidewalk + Future South Trail System conFL„,, EnCE June 7, 2017 I4 11 , 11h dill 1)X1 4 41 1414 1141 XIXI 1111 1113 1111 1411 1141 1 Entry Gate V.3 I p� 44111 1 101.1111 WI 1111 Y111 111) 1111 Ihli i1/1-1111-1111 1r-1141 11111-1111'�� ii �..� 1'1111 1111 Practice 7 11 111'1 11 ,. 1 1111 1114 l 1111 1111 Fields 1 1!1111111111111 1111 1111 1111 1111 NEM DRIVE. SEE CIVIL u) w S F -- C3 C, 0 0 C 2f MNI r=1r M4. 1 llllli I I I I I I i lillllil PARKING LOT, SEE CIVIL --1 -_� i• ,- . 1• s• .. a• R M M• 1 4. 41.-Y.;t:t* a1 4• ih yfa••1• 4. 4. 4),•(}•j A'la::fa4 �1• • s 441 t• !• !. a• 4• l—', .:ter _ l 4.,• •.,+•1�%4 .4 .* '4. ,F.., .,;:•.10:,..1.•.1:*, .•y.,,.r..�., •.;.,r., .=•1.,�:.,.•;,.^�;+.1.-�.ry:•. :•, .•y.•,�JgL,t.,l.%� y , LJ Oniell Dr. 4110,31100 11M1.01110 .00 0.0 / of ii> �,f i�f aei� iii ,f/ / ., �•• ''//A(/ �. . �r.,;r.. r+, r, rr. r..,/.y r•.• .' • r r•.J '..,fir• r�• any//,///// /�f -19 -J I I I I 1 � I 1 1 I I I rim"1 riefoil Ncl iii 4ito ir. , 0,.. , Po X 41 of ul 4 i 0 oll' II 1 aka Am -to j5st lit PARKING LOT, SEE CIVIL I. 1 + .65 mi. Bituminous Loop Trail eadquarters7// / —j* North Lake i I 1 L 11!,1141 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 { 1 1 i•z-1111111111111111 1/1111111 Y111111r111.1.1 lllrleersr�r Stadium Entry Dropoff r - 1. i • eP r + " 1 1- / / / / / / / / r / / / Upper Plaza / / / / PARKING LOT PART OF TCO BID PACKAGE 1 Lower Plaza Land Bridge Future Skol Pavilion Future Connection to East Retail Water Access .65 mi. Bituminous Loop Trail / / / / rr / / / / Public Parking Biofiltration Cells / r FUTURE PLAZA DEVELOPMENT .' r r ,// -J VIKINGS LAKES - PUBLIC REALM AMENITY PLAN MINNESOTA VIKINGS Northwest Parkway 1 1 1 1 1 1 0'1 1 2) 40' 80' Connection to Sidewalk + Future South Trail System conFL„,, EnCE June 7, 2017 1, 1 1111 1111 1111 111 1r. 1111 1111 101l$p 1111/111 Stadium �' 11 1111_4111 1111^1111 1Tf , 1111 1111 1 1111.1114 1111 1111 I 11 1111 1:11 1 1 Entry Gate NEM DRIVE. SEE CIVIL u) w S F -- C3 C, 0 0 C 2f MNI r=1r M4. 1 llllli I I I I I I i lillllil PARKING LOT, SEE CIVIL --1 -_� i• ,- . 1• s• .. a• R M M• 1 4. 41.-Y.;t:t* a1 4• ih yfa••1• 4. 4. 4),•(}•j A'la::fa4 �1• • s 441 t• !• !. a• 4• l—', .:ter _ l 4.,• •.,+•1�%4 .4 .* '4. ,F.., .,;:•.10:,..1.•.1:*, .•y.,,.r..�., •.;.,r., .=•1.,�:.,.•;,.^�;+.1.-�.ry:•. :•, .•y.•,�JgL,t.,l.%� y , LJ Oniell Dr. 4110,31100 11M1.01110 .00 0.0 / of ii> �,f i�f aei� iii ,f/ / ., �•• ''//A(/ �. . �r.,;r.. r+, r, rr. r..,/.y r•.• .' • r r•.J '..,fir• r�• any//,///// /�f -19 -J I I I I 1 � I 1 1 I I I rim"1 riefoil Ncl iii 4ito ir. , 0,.. , Po X 41 of ul 4 i 0 oll' II 1 aka Am -to j5st lit PARKING LOT, SEE CIVIL I. 1 + .65 mi. Bituminous Loop Trail eadquarters7// / —j* North Lake i I 1 L 11!,1141 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 { 1 1 i•z-1111111111111111 1/1111111 Y111111r111.1.1 lllrleersr�r Stadium Entry Dropoff r - 1. i • eP r + " 1 1- / / / / / / / / r / / / Upper Plaza / / / / PARKING LOT PART OF TCO BID PACKAGE 1 Lower Plaza Land Bridge Future Skol Pavilion Future Connection to East Retail Water Access .65 mi. Bituminous Loop Trail / / / / rr / / / / Public Parking Biofiltration Cells / r FUTURE PLAZA DEVELOPMENT .' r r ,// -J VIKINGS LAKES - PUBLIC REALM AMENITY PLAN MINNESOTA VIKINGS Northwest Parkway 1 1 1 1 1 1 0'1 1 2) 40' 80' Connection to Sidewalk + Future South Trail System conFL„,, EnCE June 7, 2017 VIKINGS HEADQUARTERS LANDSCAPE Development Phase Three VIKINGS HEADQUARTERS BRAND ESSENCE THE VIKINGS CAMPUS IS..... BOLD UNIQUE MODERN PROGRESSIVE ENERGIZFf SOILID FUTURE QUALITY PASSION INTENSITY TRADITIONAL HISTORY RUGGED GREEN INCLUSIVE PRIDE INTRICATE ARTISTIC !,N. 1t*.i I *1 I NATIVE SEASONAL EDUCATIOr COLORFUL WELCOMING BEAUTIFUL I"1 EAL 1 NI Y COMPETATIVE INDIGINOUS SUPPORTIVE WOODED REF�, ENGAGING TIMELESS CISIL1,1RMM BRANDED CREATIVE WORLD CLASS OPEN SHELTERED NATURAL PASSIVE RELENTLESS UNIFYING INNOVATIVE VIKINGS LAKES PROGRAMMING PLAZA 1111111111111111111 1111111111111111111 ii1;1M:+1;k111iiin iiiiiiiiiiiiiii 11 11111111111 1 J111111 1 11 11111 1 11 L e _ v • it • 1 tl Y 111111111111111111111 Training Camp Events, activities, vendors, food, etc. Winter Festival / Carnival High School Game Pregame Events Red Zone - NFL Gameday Live Activities and Events College Gameday Food / Beverage Vendors Food Trucks, Carts, Tents Concerts / Performers Seating Gathering Spaces Large, Small Light Displays and Shows Landscape and Irrigation Video Screens and monitors Sponsors, Events, Advertising, Highlights Signage / Banners / Lighting Security and Medical Stations Accessibility Restrooms Pedestrian and Vehicular Circulation Service and Emergency Access Technology - Wifi, cameras Sporting Events, NFL and Non NFL Superbowl Party Art Fair, Sports Fair, Vendor Fair Radio Broadcasts - Kfan Race or Fun Run Events Firepits Sculpture Mamava Charging Stations Power Hook Ups Parking Production Truck Hook Up and Staging East Plaza - Similar options COf1FLUEf10E VIKING LAKES P LAZA Q STADIUM GATE Q UPPER PLAZA • Q STADIUM • • • • • • O STADIUM SERVICE AREA Q VIKING TEAM STORE • ▪ 0 "GAME DAY" PLAZA • AND HALL OF FAME Q TWIN CITIES • : ORTHOPEDICS• SMC BUILDING • • • • • • • • minise wows 111"•sive•a• \ams • • • • • • • 0 1 Q LOCKER : ROOMS • .▪ h1 • • O LOWER PLAZA COf1FLUEf10E VIKING LAKE STADIUM ENTRY PLAZA 9 VIKING PRACTICE FIELDS • AND TRAINING AREA • 9 VIKING HEADQUARTERS • AND IPF • • • 9 STADIUM DROP OFF Q STADIUM ENTRY GATE • • • • • • • • • • Q TICKET BOOTH • • • • Q STADIUM • • • • • • • • • • TEMPORARY PLANTING • FUTURE VIKINGS BUILDING • • • • • • • • • • • • 0 TCO SMC • • • • • 6 LIGHTING AND BANNER POLE • • ▪ ACCESS ROAD Q AND PARKING GAMDAY AND EVENT PLAZA COf1FLUEf10E VIKING LAKE UPPER PLAZA 0 STADIUM GATE VIDEO WALL • • 0 STADIUM : TICKET BOOTH Q STADIUM • • • 1 Q ASPEN CATHEDRAL 0 TO VIKINGS PARKWAY conFLuEncE VIKING LAKE LOWER PLAZA o PLAZA TERRACING AND RAMPING TO ACCOMODATE : GRADE • Q STADIUM 9 STADIUM • SERVICE AREA • • • • • • 0 VIKINGS TEAM STORE conFLuEncE VIKING LAKES CENTER PLAZA O TWIN CITIES : ORTHOPEDICS SMC BUILDING O FOCAL POINT O GAME DAY PLAZA O STADIUM ACTIVITY ZONE : AND OVERLOOK • • • • • O TERRACING AND STAIR ACCESS TO STADIUM • O ACCESS TO TEAM STORE AND HALL OF FAME O PLAZA STAGE • • • • LIGHTING, TECHNOLOGY O AND VIDEO TOWER COf1FLUEf10E VIKING LAKES P LAZA 9 ASPEN CATHERDRAL 0 TWIN CITIES • : ORTHOPEDICS : SMC BUILDING • • • • • • 0 STADIUM GATE 0 STADIUM • • • • • • • • • • • • • • • • • • • • 0 STADIUM ACTIVITY ZONE : AND OVERLOOK • • i • • • • • • • • • • 0 Ara. rte., • • • • • • • • • • • • • 0 PLAZA TERRACING AND RAMPING TO ACCOMODATE GRADE COf1FLUEf10E 111111 11 N, _ LIlM 1 MN VIKING LAKES VIKING CIRCLE ENTRY DRIVE 0 TCO SMC 9 FUTURE SKOL PAVILION • • • • • • • • • • • • O ROUNDABOUT : SCULPTURE O GATEWAY FEATURE O TCO MOB WALL • • • • • • • • • • • • • • • • • • • • • • • 1 0 WIDENED WALKWAY • • • • O LIGHTPOLE WITH BANNER O PLANTED MEDIAN COf1FLUEf10E VIKING LAKES VIKING CIRCLE ENTRY DRIVE 0 STADIUM Q TCO SMC 0 PLAZA PARKING/PEDESTRIAN 0 PLAZA 0 VIKING TEAM STORE • 0 FUTURE SKOL PAVILION • • • • • • • 0 NORTH LAKE 0 TCO MOB Q VIKING CIRCLE ENTRY DRIVE • VIKING CIRCLE 0 ROUNDABOUT COf1FLUEf10E VIKING LAKES SITE FURNISHINGS mom IIITII"WIMIEI conFLuEncE VIKINGS HEADQUARTERS LANDSCAPE Development Phase Three Lakes and Trails VIKINGS HEADQUARTERS BRAND ESSENCE THE VIKINGS CAMPUS IS..... BOLD UNIQUE MODERN PROGRESSIVE ENERGIZFf SOILID FUTURE QUALITY PASSION INTENSITY TRADITIONAL HISTORY RUGGED GREEN INCLUSIVE PRIDE INTRICATE ARTISTIC !,N. 1t*.i I *1 I NATIVE SEASONAL EDUCATIOr COLORFUL WELCOMING BEAUTIFUL I"1 EAL 1 NI Y COMPETATIVE INDIGINOUS SUPPORTIVE WOODED REF�, ENGAGING TIMELESS CISIL1,1RMM BRANDED CREATIVE WORLD CLASS OPEN SHELTERED NATURAL PASSIVE RELENTLESS UNIFYING INNOVATIVE VIKINGS LAKES PROGRAMMIN LAKES, TRAILS, BRIDGE AND SKOL PAVILLION i A. ":t:Y•rSS`•.k''';h:fY:;rwMA;:,•vt:rw;4. h?L•lt<<{•244MMl°?J:i?.l`'•.}'S!74 -7 � Illllllll G 111111111111111111111 Circulation, Trails, and Walks Pedestrian, Bike, Service, Tiered Lakes - Nordor, Sodor Accessibility Landscaping Sustainable MN Native Plants Restored Native Habitat Stormwater Treatment Areas Lake Aeration Viewing Tower Bridges Island Activity Space Connection to Water Natural Connection of Lakes (no pipes) Seating Decks Structure / Shelter Sculpture Fire / Water Lighting Poles, Banners Technology, Wifi, Cameras Trail / Walk Surfacing Paved, Gravel Signage COf1FLUEf10E O VIKING TEAM STORE : AND HALL OF FAME VIKING LAKE LAKES, TRAILS, BRIDGE AND SKOL PAVILION O TWIN CITIES • ORTHOPEDICS • 9 PLAZA Q STADIUM • • O HEADQUARTERS BUILDING • • • • • • • • • O STAFF : PARKING O .65 MILE LOOP TRAIL • SOUTH LAKE "SODOR" • O WATER ACCESS O BRIDGE • • O SEATING OVERLOOKS NORTH LAKE "NODOR" .65 MILE LOOP TRAIL (THREE LAPS = 2 MILES ) COf1FL Ef10E O STADIUM VIKING LAKES : LAKES, TRAILS, BRIDGE AND SKOL PAVILION 9 GUARD HOUSE VISITOR PARKING O VIKING HEADQUARTERS : AND IPF • • • • • • • • O HEADQUARTERS • DROP OFF • • • • �,, III�Iiiln� ■iILrIAl III 11111 �M�llIll 1111111111111111 '-��!�u��uiwi�n" ui; • PION _�I.. �IuII illli)iiri� HIEN 1. �114ti��i' 01. 01. • • (o NORTH LAKE Co• • • • NORTH LAKE LOOP TRAIL • O SOUTH LAKE TRAIL p WATER ACCESS • • ■ O LOWER PLAZA • • • • • • • • • • • • • • • • ■ • 6 FUTURE SKOL PAVILION • • • • • • • • • • • • • • • • • • • • O INORTH LAKE INLETS 9 O ISLAND BRIDGE O SOUTH LAKE 0 SCULPTURAL ELEMENT O BRIDGE COf1FLUEf10E p TCO : MOB • Q WATER ACCESS LAKES, TRAILS, BRIDGE AND SKOLPAVILION Co FUTURESKOL : PAVILION • TRAIL OVERLOOK VIKING LAKE• • • O UPPER TRAIL STAIR ACCESS O LOWER LOOP TRAIL 0 SOUTH LAKE COf1FLUEf10E VIKING LAKES LAKES, TRAILS, BRIDGE AND SKOL PAVILION 0 SCOREBOARD • • • • • • • • • 6 O INFILTRATION : BASIN • • • • • • • • • • • • • • • • • • Q HEADQUARTERS : AND IPF • • • • • • • • • • • • • • • • 9 HEADQUARTERS • DROP OFF • • • • • • • • • • • • • • • • • • • • • • • nitt Lam.. r - 0 SWITCHBACK TO PLAZA • WEST SIDE NORTH LAKE TRAIL LOOP COf1FLUEf10E LAKES, TRAILS, BRIDGE AND SKOL PAVILION O FUTURE SKOL PAVILION • TCO/SMC & . TEAM STORE • • • • • • • • 9 LOWER PLAZA • • • • • • • • • • • • • • • • • • • 9 GATEHOUSE • • • • • • • • • • • • • • • • • • • • • • STADIUM • • • • • • • • • • • • • • • • • • • • • • • • • • • [tin 1Nif/1 u. !111 iii61i.0 • • • • • • O WATER ACCESS 0 • O SOUTH LAKE • • • • • • • • • • • BRIDGE COf1FLUEf10E LAKES, TRAILS, BRIDGE AND SKOL PAVILION O HALL OF FAME BOSKE AND PLAQUES • • • • • Q SCULPTURE • Q GATEHOUSE • • • • 9 STAIR AND • SWITCHBACK • • • • • • • • • • • • O LOOP TRAIL 0 LAKE CUT THROUGH • O NORTH LAKE COr1FLUEf10E Ili 1111111111111111111 111141 imuiliammu 1 Mill • 4 ik �__—�` -= ------ ���-. --_,,f''-- - 1 `yam Agenda Information Memo July 18, 2017, Eagan City Council Meeting OLD BUSINESS B. Ordinance Amendment — An Ordinance Amendment to City Code Chapter 5 regarding the definition of a hotel for alcohol licensing purposes Actions To Be Considered: Approve an ordinance amendment to City Code Chapter 5 regarding the definition of a hotel for alcohol licensing purposes. Facts: ➢ The City Council directed preparation of this ordinance amendment at its June 6, 2017 meeting. ➢ City Code Chapter 5 allows a hotel to hold an on -sale liquor license if it has at least 25 guest rooms, has a dining room for the general public with seating for at least 50 customers and if the dining room portion of the facility has an appraised value of at least $350,000. ➢ The Eagan Convention and Visitor's Bureau has recently noted some hotels would like to apply for an on -sale liquor license, but are unable to meet the current City Code requirements. ➢ State Statute allows a hotel to hold an on -sale liquor license if it has at least 25 guest rooms and has a dining room open to the public that seats at least 30 customers. ➢ The proposed ordinance amendment would make the City Code definition of a hotel consistent with the definition in State Statute. This change would make hotels eligible for an on -sale liquor license if they have at least 25 guest rooms and a dining area with 30 seats that is open to the public. ATTACHMENTS: (1) OBB-1 Ordinance Amendment ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTION 5.01 REGARDING DEFINITION OF HOTEL; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by revising the definition of "hotel" in Section 5.01 to read as follows: Hotel means and includes any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food (consisting of a full menu as distinguished from exclusively "fast food" items such as pizza, hamburgers and other sandwiches) and lodging are regularly furnished to transients, and which contains not less than 25 guest rooms with bedding and other suitable and necessary furnishings in each room, and which is provided with a suitable lobby, desk and office for the registration of its guests at the main entrance and on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains undcr the same management and control as the rest of the establishment and has an integral part thereof a general public is, in consideration of payment therefor, served with meals at tables, where the principal part of the business (meaning at least 50 percent of the gross income from sales during value of at least $350,000.00 as to the building or portion of the building associated with liquor sales an establishment where food and lodging are regularly furnished to transients and which has: (1) a dining room serving the general public at tables and having facilities for seating at least 30 guests at one time; and (2) a minimum of 25 guest rooms. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Agenda Information Memo July 18, 2017, Eagan City Council Meeting NEW BUSINESS A. Conditional Use Permit — Art Works Eagan Action To Be Considered: To approve a Conditional Use Permit to allow an art studio and art gallery in the former Eagan Fire Administration building located at 3795 Pilot Knob Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The two-story 12,700 SF Eagan Fire Administration building was constructed in 1999 and occupied by EFD staff until the Eagan Fire Safety Center opened in 2011 at 1001 Station Trail. ➢ The City Council approved a Comprehensive Guide Plan Amendment from Quasi -Public (QP) to Office Service (0/5), and a Rezoning from Public Facilities (PF) to Limited Business (LB) on February 21, 2012. ➢ The Limited Business zoning district allows art studios and galleries via a Conditional Use Permit. Retail sales are limited to products produced on site. There are no proposed external changes to the site or building. ➢ Art Works Eagan (AWE) is proposing space to be available for studios, performances, makerspace, community workshops & gatherings, facility rentals, etc. ➢ A substantial amount of correspondence regarding this request; the consistent concerns of those opposed included: Noise, parking, traffic, pollution and diminution of property values. ➢ The Advisory Planning Commission held a public hearing on the proposal at their June 27, 2017 meeting, and did recommend approval. Issues: ➢ AWE is requesting the City Council waive the $350 CUP application fee 60 -Day Agency Action Deadline: ➢ July 19, 2017 Attachments: (5) NBA -1 Location Map NBA -2 Draft June 27, 2017, APC Meeting Minutes NBA -3 Planning Report NBA -4 Report Exhibits NBA -5 Correspondence ,I V l V TOWN CENTRE DRIVE IT ur Irg �.`,- :SLB ;j.. :- a �„ 1 1 411 City of EaRai O'Leary 1At Lake Park �� Park` — 1 . ■ `'•- �i Location Map �;, ;111,,,T,,,...._ IIII�I _-1 ili de "P 4 s '' 1111��� �1111111 = - � w■ t � ■ Project Name: Art Works Eagan /111 _.., ■�■�a,_■ ■ Request: Conditional Use Permit �w 1' Plo •�•CT - u ®®®I ==.�!Yt���NA!� �,m' Case No: 16 -CU -01-03-17 CRESTRIDGE LAN1.1 1191 ......Q ,.' • mall 4.1,„ I.. .: a mom :za: _ ..ipalop. 9 w i 1 wow 1��.: I, I!,, ,11.' 1.1►' 1�fr ,01 ,-,.1` .' ii., mu..., . HILLS f".• RD m.♦.' • - - 1111111 _ `4 �� Fisk ake ` Park ,, DENMARK Citin ,— -� ,60 1 Subject i1�o�, ,�+*i1' �'' ���/� 4 ,-- ��. Site �� !�r`� - .T �� 4Z1 vm1tIib!f' Lone Oak R. li;* ��• n_■..\� WESTCOTT ROPD . •' `•, . �, . •,�.`LL _-' I�I Vankee Doodle.R! Blackhawk , 11.,�, Park aka irliZE WI 111111111111111111111101. —ill" e m. 4V l '' :■ �UIIUUIII$ rd! r� ohne Ra ,P9W,���.��.A.i :mis 0''� IF' MEOW " 1111111111'', _ �,' COM Wmdcrest ' ,, �� 0415= u „L„' -_ ■■■ filial, ark : ,`,' ..� "TilUrrA 9'E UM— i%AO./11 14111.\ 4 11Y� /�w�—` oP l4 akaui �=♦Hail', `yr," 10 --� firo • J � �����.I��wr, a►t i„ m , , IU,t—_.1i,&di. 11 1111..11.■■� EERR�DDE Patrick ; m D DRIVE / 8 Eagan Park sok E '�'� C1 1 1 IFeet 'cD %1111•` �. �,' �� 0 500 1,000 2,000 , k N, Berry -Patch Park, Advisory Planning Commission June 27, 2017 Page 4 of 20 B. Art Works Eagan Applicant Name: Jerri Neddermeyer, Art Works Eagan Location: 3795 Pilot Knob Rd; S 426 FT OF E 214.5 FT OF SE 1/4 SUBJ TO HWY ESMNT PARCEL 48 CTY R/W MAP 25 Application: Conditional Use Permit A Conditional Use Permit to allow an art service facility. File Number: 16 -CU -01-03-17 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated June 23, 2017. Chair Piper asked City Attorney Bob Bauer to explain the APC's role in reviewing the requested Conditional Use Permit (CUP). Mr. Bauer explained that the existing Purchase Agreement is not a subject of debate and will not be discussed by the Commission. He also stated that the proposed use is allowed by the City Code based on the existing zoning. He went on to state that the purpose of the CUP is to place reasonable conditions of approval on the permit that will mitigate any expected or potential off-site impacts the use may cause. Chair Piper invited the applicant to the podium. Jerri Neddermeyer, 2215 James Court and President of Art Works Eagan (AWE), briefly summarized the organization mission and requested the item be scheduled for the July 18 City Council meeting, rather than July 5, due to the holiday week and to allow AWE and the neighbors to have more time to communicate with one another. Quinn Hutson, CNH Architects and AWE volunteer, stated they are no longer requesting a cafe use or retail sales. He went on to state that the available on-site parking will be more than adequate to handle day-to-day operations. Overflow parking due to special events, when necessary, would have volunteer staff direct traffic to the Municipal Campus. 24/7 operations would not include classes or other events and only those with key cards would be allowed after- hours access. He stated privacy is provided as there is existing mature landscaping and separation due to a lack of windows and other building openings on the residential side of the building and, further, AWE is also not interested in loud noises that would disrupt artists doing their work within the facility. Chair Piper stated that the APC has received and reviewed all of the correspondence so they are very aware of the concerns raised by the neighborhood. Chair Piper opened the public hearing. Sean Boodoo, 1411 Kingswood Ponds Road, stated he attended the June 14 neighborhood meeting but that the 350' notice area was insufficient. He stated his deck is located only 30' from the garage bays. Specifically, he stated his concerns included outdoor event, child safety, indoor noise audible from outside and kiln toxicity. He stated the proposed use of the facility is unsafe, unhealthy and unwanted. Advisory Planning Commission June 27, 2017 Page 5 of 20 The owner of 1418 Kingswood Ponds Road stated that the proposal doesn't meet the standards listed in the City Code for CUP's and shared concern regarding outdoor activities, traffic, hours of operation, building access and noise. Anuja Sharma, 1404 Kingswood Ponds Road, stated the potential health impacts are unknown and that not everything that meets guidelines is safe. Steven Thielen, 1428 Kingswood Ponds Road, stated he supports the arts but this site is not appropriate and that the proposal does not meet a number of the standards listed in the City Code for CUP's. Angela Wellik, 1419 Kingswood Ponds Road, stated she is concerned about noise, strangers, traffic and emissions. Richard Kleven, 1408 Kingswood Ponds Road, stated his concern with how the different uses can evolve over time as different pressures could cause a shift in operations. Marie Zepeda, 3828 Denmark Ave, stated her support for the arts. She also stated she understood that change is hard but art brings a richness to the community fabric. She commented that she is a member of the Grand Marais Art Colony and said there are several kiln installations within neighborhoods there that have not caused any issues. Dave Anderson, 2235 Liberty Lane, stated his belief that AWE would not be a good neighbor. Nathan Delgado, 1444 Kingswood Ponds Road, stated he was familiar with this type of operation and the type of people it will attract. Ian Hillerud, 1420 Kingswood Ponds Road, noted there are many kids in the neighborhood and that he is extremely concerned and about anything that jeopardizes pulmonary health. He is also concerned about the hours of operation. Jeffrey Hyde, 1472 Kingswood Ponds Road, stated he has a lot of concern with environmental issues and traffic. There being no further public comment, Chair Piper closed the public hearing and turned the discussion back to the Commission. Assistant City Engineer Nelson stated that Kingswood Ponds Road is a public street and parking is allowed on public streets. He also stated the street is wide enough to accommodate parking on both sides and two-way traffic. City Planner Ridley stated determining the parking needs based on use is difficult to determine due to the lack of definition of specific square footage used per internal use; however, City staff has no reason to dispute the AWE claim that day-to-day functions would easily be accommodated on site. Member Piper stated he understands the concerns of the neighborhood but doesn't believe the use will be a detriment or diminish property values. He suggested that the commission work to craft conditions of approval to eliminate concerns rather than recommend denial. Advisory Planning Commission June 27, 2017 Page 6 of 20 Member Vanderpoel stated she agreed with all of Chair Piper's comments but that she would not be voting in favor because of her contention that when the neighbors bought their homes the building was a quiet government office use and the proposal represents a big change. She also stated that she supports the arts but she believes this proposal isn't particularly well thought out at this point. Member Sagstetter stated the applicant is looking to become part of the neighborhood and he believes that the potential impacts of the proposal can be mitigated, with appropriate conditions. Member Woebke stated his belief that the AWE proposal was a good for the site and the tenant would have a commitment to the community and that he was inclined to support the request. Member Weimert stated his agreement with Member Woebke. Member Heckmann agreed and shared the concern of potential impacts from a different user that meets the Limited Business zoning and does not require a CUP. Member Goff stated he also supports the proposal with reasonable conditions of approval. Member Torres stated her personal family experience with the arts and her support of the CUP, with reasonable conditions. Member Vanderpoel suggested the following conditions of approval: 1. No liquor license for the premises 2. No amplification permit for any outdoor events 3. All public events would need to end by 10:00 PM 4. No rental of the space to outside groups not affiliated with AWE Member Piper stated his belief that the rental restriction and banning of kilns was unnecessary. Member Weimert agreed. Member Woebke suggested he would support no liquor for outside events and rentals to outside groups provided AWE volunteers were in place to monitor such events. Member Heckmann agreed with allowing liquor inside, the restriction on amplified sound and suggested perhaps public outdoor events end by 10:00 PM Friday — Sunday and an earlier time Monday — Thursday; she stated she was not in favor of restricting rentals or kilns. She also suggested consideration of improving the barrier between the subject site and Mr. Boodoo's home. Member Sagstetter stated it would helpful to understand what the normal business hours would be and who would have access to the building outside of those hours. Member Weimert moved, Member Woebke seconded a motion to recommend approval a Conditional Use Permit to allow an art studio/gallery in the former Eagan Fire Administration building located at 3795 Pilot Knob Road, subject to the following conditions: 1. This Conditional Use Permit shall be recorded against the property at Dakota County within 60 days of the City Council's approval. Advisory Planning Commission June 27, 2017 Page 7 of 20 2. The installation of any kiln and the corresponding venting shall be approved by the Eagan Building Inspections Division. 3. AWE shall enter into a cross -parking agreement with the City to provide the Municipal Campus as an over -flow parking area. 4. There shall be no amplified sound outside the facility. 5. Outdoor events shall be limited to 10:00 PM Friday -Sunday and 8:00 PM Monday - Thursday. 6. There shall be no liquor served outdoors. The question was called and the motion carried 6-1. (Vanderpoel) PLANNING REPORT CITY OF EAGAN REPORT DATE: June 23, 2017 APPLICANT: Art Works Eagan PROPERTY OWNER: City of Eagan REQUEST: Conditional Use Permit LOCATION: 3795 Pilot Knob Road COMPREHENSIVE PLAN: O/S, Office/Service ZONING: LB, Limited Business CASE: 16 -CU -01-03-17 HEARING DATE: June 27, 2017 APPLICATION DATE: May 17, 2017 PREPARED BY: Michael J. Ridley, AICP SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow an art studio and art gallery in the former Eagan Fire Administration building located at 3795 Pilot Knob Road in the Southeast'/4 of Section 16. AUTHORITY FOR REVIEW Conditional Use Permit: 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 Planning Report — AWE CUP June 27, 2017 Page 2 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. 8. 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 such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The two-story 12,700 SF Eagan Fire Administration building was constructed in 1999 and occupied by EFD staff until the Eagan Fire Safety Center opened in 2011 at 1001 Station Trail. The City Council approved a Comprehensive Guide Plan Amendment from Quasi -Public (QP) to Office Service (O/S), and a Rezoning from Public Facilities (PF) to Limited Business (LB) on February 21, 2012. Art Works Eagan (AWE), a Minnesota Non -Profit and tax exempt 501(c)(3) Organization, and the City of Eagan have entered into a Purchase Agreement that is set to close later this year. EXISTING CONDITIONS The two-story 12,700 SF includes general office space on the first floor, event/gathering space on the second floor, a full basement (that has historically been used for storage) and two garage bays. The site has 49 parking stalls, including three accessible stalls. Planning Report — AWE CUP June 27, 2017 Page 3 SURROUNDING USES Adjacent to property that is zoned and developed as single family residential on the north and west. Pilot Knob Road is the east boundary and Historic Eagan Town Hall and the Tom Hedges Town Hall Plaza are located south of the site. EVALUATION OF REQUEST Description of Proposal — According to the applicant, "AWE's mission is to enhance the local arts community by connecting working artists, arts organizations and the community in creative gathering spaces." The Limited Business zoning district allows art studios and galleries via a Conditional Use Permit. Retail sales are limited to products produced on site. There are no proposed external changes to the site or building. As proposed, the primary use of the property is to include: Studios for working artists: Artist studio space on a private, semi -private or communal basis. The garage bays will be converted into a ceramics studio. AWE intends to have 2-3 electric kilns as well as an indoor gas kiln for its members. Performance Space: The second floor will be primarily utilized as a small venue performance space available for a wide variety of events and opportunities, such as small theater groups, lectures, dance and music performances, and poetry or other short readings. Makerspace: AWE will create a communal makerspace in the basement, providing access to traditionally cost - prohibitive equipment in order to promote a community of participants making objects by hand. Community Gathering, Workshops and Facility Rental: AWE plans to dedicate space on both the first and second floors as flexible, open -to -the -public community gathering spaces available for an assortment of gatherings or meetings with the principal goal of fostering community connectedness. Individuals or groups will also be able to reserve or rent these spaces. Arts Organization Support and Connection: Local arts organizations such as the Dakota Center for the Arts, Eagan Art House, Eagan Artist Connect and others will use the facility as a focal center for meeting, program planning, joint community efforts and support for arts education. Planning Report — AWE CUP June 27, 2017 Page 4 Resource and Networking Center for Working Artists: Working artists, both AWE members and non-members, will be able to utilize the consolidated resources and community connectivity to enhance their businesses and art form. AWE will offer professional advancement workshops for individual artists and art organizations in order to create community awareness. Additional Accessory Uses Planned: An Artisan Marketplace, Fine Art Gallery, Seasonal Outdoor Sales and Temporary Outdoor Events. The submitted Narrative provides more detail on each of these uses. Each of these uses are allowed by City Code save for the Artisan Marketplace. As described, the Artisan Marketplace would endeavor to offer products manufactured off-site; however, the City Code expressly prohibits this activity. The Narrative mentions a Variance to this standard; however, the City Council cannot grant a Variance to a use. Possible Programming/Services: An Art Library assembled and maintained for use by the general public and a small coffee shop or cafe inside the building. The library would be a permitted use whereas a restaurant would require a separate CUP. City staff suggests it is premature to consider the cafe/coffee shop for the following reasons: • With the programming planned, precisely how the site will function is unknown ■ A floor layout/seating plan for the cafe/coffee shop was not provided; required parking is based on the number of seats • A separate CUP application fee and escrow was not submitted Compatibility with Surrounding Area — The proposed use for the building as an art studio/gallery is allowed, via CUP, and it appears the general uses can be compatible with the area. The applicant's narrative states that any potential impact of noise and/or odor to the neighborhood is unlikely due to professional venting of the kilns and the strategic placement of the various uses within the structure will eliminate any offsite noise impacts. Because on-site parking is limited to 49 stalls and the narrative does not discuss the potential demand for parking the various proposed uses may generate, staff suggests that AWE enter into a cross -parking agreement with the City so the Municipal Campus would be available to accommodate over -flow parking should the need ever arise. SUMMARY/CONCLUSION The Limited Business zoning district allows art studios and galleries via a Conditional Use Permit. Retail sales are limited to products produced on site. There are no proposed external changes to the site or building. Planning Report — AWE CUP June 27, 2017 Page 5 AWE finds the former Fire Administration building as being uniquely suited to accommodate the various programming they would like to provide the community. ACTION TO BE CONSIDERED To approve a Conditional Use Permit to allow an art studio/gallery in the former Eagan Fire Administration building located at 3795 Pilot Knob Road. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded against the property at Dakota County within 60 days of the City Council's approval. 2. The installation of any kiln and the corresponding venting shall be approved by the Eagan Building Inspections Division. 3. AWE shall enter into a cross -parking agreement with the City to provide the Municipal Campus as an over -flow parking area. ,I V l V TOWN CENTRE DRIVE IT ur Irg �.`,- :SLB ;j.. :- a �„ 1 1 411 City of EaRai O'Leary 1At Lake Park �� Park` — 1 . ■ `'•- �i Location Map �;, ;111,,,T,,,...._ IIII�I _-1 ili de "P 4 s '' 1111��� �1111111 = - � w■ t � ■ Project Name: Art Works Eagan /111 _.., ■�■�a,_■ ■ Request: Conditional Use Permit �w 1' Plo •�•CT - u ®®®I ==.�!Yt���NA!� �,m' Case No: 16 -CU -01-03-17 CRESTRIDGE LAN1.1 1191 ......Q ,.' • mall 4.1,„ I.. .: a mom :za: _ ..ipalop. 9 w i 1 wow 1��.: I, I!,, ,11.' 1.1►' 1�fr ,01 ,-,.1` .' ii., mu..., . 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Aerial photo -Spring 2016 100 50 0 Feet \ `;` ELEVATOR EQUIP. UNEXCAVATED 1 BASEMENT FLOOR PLAN Al r SCALE; 1/81=1/-0° 1037PF FILL VOID BTWN. STAIR W/ MTL. STUDS & 5/8 TYPE X GYP. EA. SIDE. SLOPE FROM FLOOR TO LANDING & LANDING TO 1ST FLOOR ALONG STRINGER 34,-4.1 IB 4'_8f1 4' --Or" IDOD 4'-0" Ol GATE TO LOWER LEVEL vc) BEAM BELOW PAINT 101 A ENTRY BTWN. STAIRS W/ MILpSTUDS & 5/8' TYPE X GYP. EA. SIDE. SLOPE FROM FLOOR TO LANDING & LANDING TO 2ND FLOOR ALONG STRINGER AB•VE " ID 7210 121D FIRST FLOR PLAN 12 -O SCALES 1/8"=1'-0' 1037PF 6" DIA. BOLLARDS, PNT'D. 6' 12r""07 . 5r -0r. 41' „ - WALL BELOW 4' DIA. STL. PIPE SEE STRUCTURAL ECDNDFLDOR.: PLAN. ;ALE: 1/8"=1 0� 10 7PF HATCHED AREAS `mss' INDICATE LOCATION OF TAPERED INSUL; (TY) - SCUPPER (TYP.)— SEE 7/70 ROOF PLAN SCALE 1/8` .1'�1 37PF SLOPED STRUCTURE PREEN M L RC0F TAPERED N ;U.L SLOPE 1/4"'FT- SLOPED STRUCTURE TAPERED IN SUI_ SLOP _ /4" FT ""0 4" VTR qe-, SEE 8/70 BOILER ,LUE THRU R00 SEE 8/70 TAPERED INSUL SLOPE:1/4' /f Te 1A 70 TAPERED INSUL SLOP 1 / 11 T., 0 C0FI�'�0 _--- PRET a MIL COPING SM OKE .NAT�,,� S f OIL 3i 3 R aIS D ELEV SE E OTE 3/7 0 COMP ALUM 7R0OF OVER WINDOW BELOW 9 4rt W01' <S MEMORANDUM TO: City of Eagan Planning Commission Attn. Mike Ridley, City Planner FROM: Drafted by Caitlin Dowling, Treasurer, for submission by Jerri Neddermeyer, President DATE: May 5, 2017 RE: Request for Conditional Use Permit and Variance within the Limited Business District Narrative of Request and Proposed Uses Property located at: 3795 Pilot Knob Road Introduction Art Works Eagan (Hereinafter "AWE") is a Minnesota Non -Profit and a tax-exempt 501(c)(3) Organization. We are proposing to convert the former Fire Administration Building (hereinafter "FAB"), located on the corner of Pilot Knob Road and Wescott Road, into a community arts services facility, serving the residents of Eagan and other nearby communities of the South Metro. The FAB, currently owned by the City of Eagan, has been almost entirely vacant and unused for a number of years and is uniquely suitable for AWE's needs. The City of Eagan and AWE are currently under contract for the sale and purchase of the FAB, which transaction is set to be completed in mid-May, 2017. AWE respectfully requests the issuance of a conditional use permit and variance to allow it intended uses of the building within the Limited Business zoning district, specifically under Section 11.60 subd. 10(C)(2) (regarding art studios), 10(C)(5) (regarding galleries and playhouses), (10)(C)(9) (regarding service of food and beverages), and 10(C)(11) (regarding seasonal outdoor sales) of the Eagan City Code. Additionally, AWE requests that, given its status as a non-profit, the City consider waiving its application fee of $350. Proposed Uses and Provided Services AWE's mission and proposed uses of the FAB (with one exceptions for which it is also seeking a variance as discussed in more detail below), fit squarely within the specified conditional uses and will further be a boon to the neighborhood, Eagan's citizens, and the South Metro community as a whole. AWE's mission is to enhance the local arts community by. connecting working artists, arts organizations and the community in creative gathering spaces. All programming will be administrated by AWE's volunteer board, member volunteers and contracted professionals. As the primary uses of the property, AWE intends to provide the following services and related educational opportunities in the FAB: • Studios for Working Artists — AWE will offer artist studio space on a private, semi -private or communal basis utilizing the current office spaces on the first floor, as well as an additional partitioned section of the first floor footprint. The garage bays will be converted into a ceramics studio with a small number of private and semi- private studios, and larger communal member space. AWE intends to have 2-3 electric kilns, as well as an indoor gas kiln, for its members. RECEIVED MAY 1._7 2017 l& rri Nedtiermey.er. Preside's' 2215 fames Court, Eagan. Minnesota 53122 Caitlin Dowling, Treasurer linnet Parisi. Vice-Prrsitient t+.wre..trtt►orkseagarr.org Wanda Borman, Secretary May 5, 2017 City of Eagan Planning Commission Page 2 • Performance Space — The second floor of the FAB will be primarily utilized as a small venue performance space available for a wide variety of events and opportunities, such as small theater groups, lectures, dance and music performances, and poetry or other short story readings. • Makerspace — AWE will create a communal makerspace in the basement of the FAB, providing access to traditionally cost -prohibitive equipment, such as CNC machines, wood working, metal working and other general tools, electronic and robotic parts and tools, in order to support and promote a community of participants making objects by hand. • Community Gathering, Workshops and Facility Rental — AWE plans to dedicate spaces on both the first and second floors as flexible, open -to -the -public community gathering spaces available for an assortment of gatherings or meetings with the principal goal of fostering community connectedness. Additionally, individuals or groups will be able to reserve or rent these spaces, as well as the conference room and the performance space, for more organized gatherings such as workshops or board meetings, family gatherings or other personal or community events, for which third party food and beverage catering services may be contracted if desired. • Arts Organization Support and Connection - Local arts organizations such as the Dakota Center for the Arts, Eagan Art House, Eagan Artist Connect, and others will be able to use AWE as a focal center for meeting, program planning, joint community efforts, and support for arts education. AWE will assist local organizations with volunteer coordination and promotion of events and activities to the general community. • Resource and Networking Center for Working. Artists_-. Working artists, both AWE members and non-members, will be able to utilize AWE's consolidated .resources and community connectivity to enhance their businesses and art form. AWE will offer professional advancement workshops for individual artists and arts organizations, as well as a periodic publication regarding the activities of local artists and arts organizations in order to increase community awareness. AWE further plans for the following accessory uses within the FAB: • Artisan Marketplace — Local artists will be able to sell their work in a brick -and -mortar space year-round, for which AWE will charge a nominal commission, and likewise, the community will have a place to purchase local, handmade art in person year-round, connect with artists, and gain a greater appreciation of the artists' value and processes. AWE intends this space to occupy no more than 30% of the gross floor area of the building (as per the requirements set forth in City Code § 11.60 subd. 17(C)(10)), and the anticipated commission income accounts for less than 3% of AWE's annual budget. • Fine Art Gallery — The first of its kind in Eagan, AWE will attract community members and local educational institutions to its fine art gallery on the first floor of the FAB for opportunities to explore diverse artistic perspectives, and will further allow local artists to share their work with the community. Events such as openings and/or lectures by artists will additionally be offered in the gallery. • Seasonal Outdoor Sales -= AWE plans to host small outdoor art sales, no more than 3 per year, for which AWE would collect a participation fee or nominal commission on total sales for fundraising purposes. • Temporary Outdoor Events — AWE will also host a variety of other types of small outdoor events, such as intimate concerts or theater performances, ceramic firing demonstrations, visual arts workshops, or other fundraising events that will total no more than 20 days per year. In addition, it is possible that AWE may provide the following programming and services in the future: • Art Library — assembled and maintained for use by the general public. • Coffee Shop/Cafe — in order to further foster AWE's aspiration of being a welcoming meeting and gathering place for the general public and hub for local artists and arts organizations, we would like to provide a small coffee shop or cafe inside the building. RECEIVED MAY 172017 May 5, 2017 City of Eagan Planning Commission Page 3 Potential Noise and/or Noxious Off -Gassing Concerns We recognize the City and surrounding community may have concerns regarding the potential that AWE's uses, particularly the proposed ceramics studio and makerspace, could cause a noise and/or noxious off -gassing nuisance. With respect to the ceramics studio, there is very little noise associated with any of the processes involved. The kilns, both electric and gas, make only a background, white noise that would be impossible for the immediate neighboring residents to hear, even if the garage bay doors were to be left open for a period of time. AWE will ensure the safety of its studio artists and the adjacent residents by employing the necessary specialists to install its kilns, fire prevention measures, and the proper ventilation equipment. Venting gasses produced by kilns during firing to the outside is the universal standard among art centers, including the Eagan Art House. With respect to AWE's makerspace, though the equipment we plan to provide generally does produce quite a bit of noise, it will occupy the basement of the FAB where the noise will be best contained. Additionally, any equipment that requires venting will be properly vented by specialists. Need for Variance With Regards to Artisan Marketplace Use We believe that retail opportunities are an important facilitator of AWE's mission to enhance the local arts community, bring artists and the public together, and support Local artists and arts organizations. The limited business district conditional use regarding art studios specifies that, in order to operate within the conditional use, there be no retail sales of "products not manufactured on site." Eagan City Code, § 11.60 subd. 10(C)(2). Read in the context of AWE's intended uses of the FAB, this limitation would require the artisan marketplace to carry only works created by studio artists, and would further require AWE to engage in the impossible task of determining which of the featured artists' works were, in fact, created on site. Not only does this limitation create an unduly burdensome result, but the intent of the limitation is arguably moot given AWE's community -oriented mission and proposed primary uses of the property. The intent of the restriction is seemingly to curtail the sale of mass-produced factory goods that could potentially draw an untenable number of consumers to a location not capable of handling increased person or vehicle traffic. However, all artists participating in AWE's artisan marketplace will have applied to do so and must be local residents approved through an independent jurying process. Also, the artisan marketplace at AWE will be small; in fact, we anticipate it will occupy no more than 200 square feet of the first floor footprint (less than 1.5% of the total floor area of the building). Nor is the revenue that it will generate crucial to AWE's operating budget, (averaging only slightly more than 2% over the next 5 years). Rather, the essential components of the artisan marketplace are the community benefit of having local handmade works of art available for viewing and purchase in person and year-round and the resulting connections created between artists and consumers. Local production and local skills improve quality of life throughout the community, as well as enrich a city's character. People who make things are more emotionally invested in them. People who buy things made by someone they can identify, and identify with, are more emotionally invested both in their purchase and in the community that made it accessible. Consequently, a variance to the onsite manufacturing restriction,is warranted and is in the community's best interests. Importance of the FAB to AWE's Mission Necessitating CUP and Variance AWE has a broad mission; one with a very specific set of space requirements. A standard office, industrial, or retail space could house a portion of our programming, but the FAB's location, layout and features make it uniquely suited to meet all of AWE's needs with very few alterations. Where many view the FAB as a compromised or difficult space for traditional commercial uses such as office or retail space, AWE sees a building that could be nearly as functional as a custom-built art center that would cost several million dollars to construct. We've explored office and industrial sites in northeast Eagan, as well as retail space possibilities, but none come close to the functionality we perceive in the FAB without significant and costly remodeling and curtailing of our programming objectives. Moreover, the FAB is central, visible, and accessible. These features are a substantial asset to a community art center and are absent from most other available space options. RECEIVED MAY 172017 May 5, 2017 City of Eagan Planning Commission Page 4 The second floor training space has terrific acoustics, perfect for intimate music and theater performances. The small, windowed rooms on the first floor are perfect studios for professional artists. The garage bays and basement are well-suited, with minimal renovation, for use as makerspace and ceramic studios. The large windows and open space on the first floor will make for an inviting gallery and community gathering space. For AWE's entrepreneurship and community support goals, the FAB is unique in having both a conference room to hold meetings and a training room to hold presentations and demonstrations. We additionally envision these spaces as useful overflow space for Eagan Art House programming, as the demand for its classes continually outstrips its available space, as well as a home for the administrative needs of other local organizations such as Dakota Center for the Arts, the Eagan Art Festival, and the Eagan Foundation. Simply put, there is no comparable facility anywhere else in Eagan and AWE's mission for the community will be best accomplished in the FAB with the City's permission for its proposed uses and offerings. The Benefits AWE Will Bring to the Surrounding Community In addition to the FAB being the best fit for AWE's needs, AWE is arguably the best fit for the FAB as our plan will make the most of this building's qualities as they currently exist. Also, as has been previously described in detail, AWE's programming will benefit the surrounding community, as well as the whole South Metro, by focusing on the needs of local artists and arts organizations, supporting citizens' connectedness through art opportunities, and serving the broader community's needs. The events and opportunities AWE's programming will incorporate include many geared towards the underserved populations of the South Metro, including cultural and ethnic minorities, seniors, impoverished and disabled populations. AWE's occupancy of the FAB and its impact in the surrounding community will be exceedingly positive for the City of Eagan and its citizens. AWE has already developed a close working relationship with the City and has every intention of continuing to build and solidify that relationship; which, given the close proximity of the FAB to the center of Eagan's government and municipal offices, is a benefit to the City. You can be assured of an excellent neighbor and citizen in AWE, who will put to a higher and better use a building that has lain dormant for many years. We fully appreciate the value in, and responsibility of, not only being so centrally located, but also surrounded by a predominantly residential district. We intend to be respectful of the general aesthetics of the area (quite apart from the fact that exterior modifications to the building are restricted and subject to the approval of City officials by the terms of the parties' Purchase Agreement). Fee Waiver AWE respectfully requests that the City's Application Fee he waived as it is a start-up non-profit. The entirety of its resources is being put towards the purchase of the FAB and every dollar it can save in the process is meaningful. City Council has the authority to approve such a waiver as the determination of fees is within its sole discretion. Summary Based on the above, Art Works Eagan respectfully requests that the City of Eagan Planning Commission and City Council approve a conditional use permit and variance for its proposed uses of the Fire Administration Building, and waive its $350 application fee. Should you have any questions or concerns, or require any additional information or clarification, please do not hesitate to contact Caitlin Dowling at 651-270-0809 or caitlin@artworkseagan.org. Sincerely, Jerri Neddermeyer, Presidents Art Works Eagan RECEIVED MAY 17 2017 Mike Ridley From: rosnes@comcast.net Sent: Friday, June 23, 2017 3:32 PM To: Mike Maguire; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen; Cyndee Fields Cc: Osnes, Russ Subject: ArtWorks Eagan Conditional Use Permit Dear Mayor, Council Members and Planning Commission Members, Thank you for your service to the residents of the City of Eagan. I know several of you personally and know that it is a significant time commitment to serve as you do. I am writing to let you know of my strong opposition to the proposed Conditional Use Permit for the Artworks Eagan Group for the Former Fire Administration Building located at the corner of Pilot Knob Road and Kingswood Pond Road. This building is located at the entrance to my neighborhood and I am very concerned about how approval of this Permit would compromise the safety and livability of our neighborhood. The Permit would allow over twenty "events" annually. There are slightly more than 50 parking spots, and a room the group has designated for performances has a capacity of 129 people, by their own documentation. Besides these 129 people, others could be in the building working on their own art projects and creations. It is very likely that at those events, parking will not be sufficient and cars will park down Kingswood Pond Road into the neighborhood. This happened every election day when that building was utilized as a polling place. However one day every few years was understandable. To have parked cars lining the only street into the neighborhood on a frequent basis presents not just an inconvenience, but a safety compromise as well. The street is narrow enough that with cars parked on both sides of the street there is really only room for one moving vehicle. Also, cars will turn around in the our driveways or the private road just into the neighborhood, which is where my house is located. Should there be a medical emergency or fire in one of the homes in the neighborhood while cars are parked, there would be compromised access for emergency vehicles to any home in the area. Also, there are no sidewalks. Kids riding bikes, people taking a walk or walking their pets will have to go down the middle of the street and navigate traffic with little room for error. The group also plans to install 1 or 2 Kilns for firing ceramic pieces created by the artists. Kilns emit toxins and these will be vented out of the building into our neighborhood and especially close to several houses that are in close proximity to the former Fire Administration building. This poses a health risk; please reference the letter to this effect written by Dr. Sharma. If the Permit is approved, the AWE group would be allowed to have events outside which will generate some amount of noise and disrupt what has historically been a quiet and peaceful area of the city. While no schedule has been made known, it is likely that many of these would be on weekend days, when people are home wanting to enjoy their homes and families. Also, there will be manufacturing of wood and metal works of art with the associated sawing, grinding, hammering, etc. that goes along with that activity. Since the building is proposed to have 24/7/365 access, this noise, which would be bad enough during the day, could also occur late in the evening or even through the night! Our neighborhood has historically been the safest in the entire city. Having one entry and exit that is right by the Police Station certainly helps keep crime down. If this Conditional Use Permit is granted, the building will be accessed by many people who come and go, are there late in the evening or through the night, and while AWE plans a vetting process for the people with access to the building, it is not a stretch to consider that someone not even affiliated with the AWE group could, in the hubbub of all the coming and going of events, normal late night activity, etc. enter the neighborhood with evil intent. They could get "lost in the shuffle", not noticed and put our homes and families at risk just due to the increased activity in the area. He or she wouldn't look out of place, whereas presently someone unfamiliar going through the neighborhood at least creates a look and notice by residents. We enjoy our neighborhood and safety is one of the treasured aspects we currently enjoy. Of course, I am in favor or Art and Performing Arts. Performing Art is certainly significant in our family, as Laura continues to live and perform in New York. The Artworks Eagan group has a noble and needed goal of extending the availability of art creation and performance. But the Fire Administration building is NOT the location to pursue this goal. There are other locations in Eagan that are more remote from neighborhoods and would be more appropriate for this type of endeavor. As a resident and business owner in the City for more than 33 years, I can say that Eagan is a wonderful place to live and work. One of the principles that Tom Hedges and the Councils maintained through the growth period of Eagan was the livability of the neighborhoods. The many parks that dot neighborhoods are a great example of the foresight and wisdom demonstrated through the years. The utilization of this building for this purpose by the AWE group goes counter to that historic emphasis on making sure that Eagan's neighborhoods are great places to live and raise kids. We want to keep ours representative of the high status that the city gets on the Money Magazine "Best Cities over 50,000 People" ranking. The AWE group needs to find another location option where they can create their vision and bring better art access to the community, but not infringe on the safety and pleasure of Eagan residents and taxpayers. No one would want to live next to a facility that creates so many negative consequences. Thank you very much. Dr. Russell N. Osnes 2 Mike Ridley From: David Steffen <wolfbrother7@gmail.com> Sent: Friday, June 23, 2017 7:00 PM To: Mike Ridley Subject: Re: Art Works Eagan Application Dear Mr. Ridley, This is David Steffen of 1452 Kingswood Ponds Rd. Regarding your response about not notifying the entire Kingswood Ponds neighborhood of the planned use of the old fire station building, I hope we can agree there is a difference between information being publicly available, and information being directly communicated to the taxpaying stakeholders to a major alteration of an existing residential neighborhood at the only ingress/egress point of that neighborhood. Imagine if, last year when the Kingswood Ponds Rd. was resurfaced, how rightfully upset your taxpaying residents would've been if only a few people in the neighborhood were informed of the timeline, traffic and safety updates, and cost of the road resurfacing. And the resurfacing project was clearly for the benefit of the neighborhood to improve safety and value longterm, and whose traffic and safety impact was only temporary, rather than the indefinite impact and likely overall detriment we are discussing in the case of the AWE project. It's possible that city procedures only strictly require that residents within 350 feet of such a change must be contacted directly, but I would hope that such a procedure would consider that a minimum required rather than a maximum. Since the property is located at the only entrance/exit from the neighborhood and has parking spaces wholly inadequate for the proposed use, it should be clear to anyone with a map that this will impact the whole neighborhood including all three of the private drives connected to Kingswood Ponds Rd. As a taxpaying citizen, I expect as due diligence on such a project that I should be directly informed by mail well in advance of a major change that would affect my neighborhood. I had previously trusted that the city would provide such notification whenever pertinent, but it appears that I have misplaced my trust in this matter --the notification policies have proven grossly inadequate, and the response to citizens' valid concerns about inadequate notifications is in itself inadequate. If the city wants to show its good faith in their handling of this matter, a formal mailed notification should be sent to the entire affected neighborhood immediately. Most of us have heard from word of mouth from our fellow concerned citizens by now, but a whole -neighborhood official notification would help show that the city is at least willing to communicate when it becomes clear that communication is needed. The same notice sent to those within 350 feet could be used with the entire proposal for conditional use included. If this were done immediately it would still have time to reach all residents in this neighborhood before the July 5th hearing to ensure that at least one official communication on the matter has reached all stakeholders in the neighborhood before the final city council vote on the matter. Thank you for your time. Sincerely, David Steffen On Fri, Jun 23, 2017 at 3:48 PM, Mike Ridley <MRidley@cityofeagan.com> wrote: 1 Mike Ridie From: Kristen Volden <kvolden@comcast.net> Sent: Saturday, June 24, 2017 1:22 PM To: APC; Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; Gary Hansen Subject: Opposition to Eagan Artworks in old Fire Administration Building Dear Mayor, Council Members, and Planning Commission, As a resident of 1439 Kingswood Ponds Road, I am writing to express my opposition to the Conditional Use permit for Eagan Artworks and my opposition to the pending sale of the old Fire Administration Building to Eagan Artworks. My concern encompasses the safety of the neighborhood and its residents in these ways: Proximity- • The old Fire Administration Building is very close to several neighborhood homes. This poses an air quality issue when kilns are fired and toxins are vented into the back yards of homes. • The creation of some works of art will require loud machinery which will negatively affect the outdoor experience for several homeowners. • 24X7 access to the building will affect the sense of safety and security in a neighborhood that has an historically low crime rate • Eagan Artworks proposes to hold at least 20 events during the year. The increase in noise will result in noise pollution issues for the neighborhood. • The increased traffic created by community events will be a burden to the neighborhood. Kingswood Ponds neighborhood has one entry/exit point. Traffic will flow in and out of the parking lot which has entry and exit points very close to the light at Pilot Knob Road. This will congest an already much used area. The wait at the light to exit Kingswood Ponds Road is long and cars will build up causing traffic issues. S afety- • On Election Days in past years, the street filled up with parked cars on both sides of the road. This effectively created a one-way street for neighborhood residents to navigate. Eagan Artworks is planning 20+ events a year. Kingswood Ponds Road will effectively be a one-way street for 20+ days a year. This severely limit access that an emergency vehicle would need to respond to a call for help from our residents. • Parked cars on both sides of the street pose a problem for pedestrians. Our neighborhood has no sidewalks. Residents and event attendees will either walk on the already narrow street or walk on private property. • Parked cars creating a one-way street will mean that in order to leave the neighborhood, a driver will pull into a private driveway to turn around or drive through the entire neighborhood to turn around in the cul-de-sac and try to navigate back through a narrow one-way street. (This neighborhood has one entry/exit point.) • Increased traffic will potentially endanger neighborhood children. I know of 15 children under the age of 7 in our neighborhood. We know each other in our neighborhood. We look out for each other. My daughter grew up in a tranquil, safe neighborhood where she could run and play outside in safety. The increase in traffic, parked cars, event attendees will change the quiet, safe atmosphere of the neighborhood creating a narrow, busy street filled with strangers on 20+ days. • Potential liquor license- A drink or two could impair the judgement of event attendees who then will drive on a narrow, one-way street through our neighborhood to exit at the light which will be congested with traffic. This is another issue which impacts the safety of both adult and children in the neighborhood. • If some event attendees do park at the Civic Arena, the Pilot Knob/Wescott/Kingwood Ponds Road intersection isn't safe for pedestrians or drivers. Earlier this year I was almost hit in the cross walk by a driver turning left from Wescott to go south on Pilot Knob Road. I put in a call to the police right after it happened. Drivers on Pilot Knob Road frequently drive very fast to beat a yellow light at this intersection. An increase in pedestrians and cars to this intersection will increase problems. This poses a danger to Eagan citizens as well as neighborhood residents. I am also concerned about fiscal responsibility and transparency regarding the residents of Eagan: • The City of Eagan is selling a $1.7 million dollar building for $500,000. This sale isn't a good return on taxpayer investment. • Eagan Artworks is a non-profit organization and will not pay taxes. A sale could be made to a business that would increase Eagan's tax base. • The City of Eagan and Eagan Artworks were not transparent in their process of brokering an agreement for purchase that included the Kingswood Ponds residents until the sale was all but finalized. I am disappointed in the parties involved. This sale greatly impacts our neighborhood. In summary, I am opposed to the sale of the Fire Administration Building by the City of Eagan to Eagan Artworks, and I am opposed to granting a Conditional Use permit. Thank you for taking the time to thoughtfully consider my position. Sincerely, Kristen Volden 2 Mike Ridley From: Jeffery Hyde <jeffhyde0@gmail.com> Sent: Monday, June 26, 2017 8:47 AM To: Mike Ridley Subject: Re: Art Works Eagan Application Attachments: image001.gif Mike Who is your Direct Contact on This Matter With Dakota County ? I.e. Roadway, Safety, Has Public Safety/Cheif of Police Committed To : Additional Police Protection Are The Intended Renters at Art Center/ Fire Station Required to have Background Checks ? When Will Traffic Study & Enviromental Impact Study Be Conducted Thank you in advance For Your up - coming and Continued information Jeffrey Hyde What Infirmation has On Fri, Jun 23, 2017 at 3:48 PM Mike Ridley <MRidley@cityofeagan.com> wrote: Neighbors of 3795 Pilot Knob Road: Thank you for providing your comments regarding the Conditional Use Permit (CUP) application by Art Works Eagan for use of the Fire Administration Building that will appear on the Advisory Planning Commission (APC) agenda on Tuesday June 27, 2017 at 6:30 PM. You can access the staff report and supporting information that has been provided to the APC and City Council at the link below: Mike Ridley From: Tom Volden <volden.tom©gmail.com> Sent: Monday, June 26, 2017 12:28 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Subject: Conditional Use Permit for Art Works Eagan Dear Mr. Mayor, Council Members, and Planning Commission, I am a 9 year resident of 1439 Kingswood Ponds Road and am writing to express my opposition to the Conditional Use Permit for Art Works Eagan for the former Fire Administration Building located at 3795 Pilot Knob Road. As a strong supporter of the arts, I feel fortunate to already have great access to the Eagan Art House, Caponi Art Park, the annual Eagan Art Fair, art activities available at MarketFest, and other events at the ECC, all within a walkable distance from my home. However, after reading the article titled "Art Works Eagan in tough spot" in the June 23 issue of the Burnsville/Eagan Sun newspaper, I have to reluctantly oppose the granting of the Conditional Use Permit. While I do share some of the concerns about traffic, parking, noise, etc. which I am sure you have been made aware of by other residents of the neighborhood, my larger concern is the long term viability of Art Works Eagan and their ability to properly maintain the former Fire Administration property. The article mentioned above makes it clear that the organization lacks funds to complete the purchase of the building, even at a price which is well below the assessed value. This makes me question what, if any, reserves they have for maintenance of the building and grounds, snow removal, and ongoing utility expenses which must be sizable for this large of a building. I wish Art Works Eagan success in their efforts to further connect arts to the community, but believe that the organization and the community would be better served by having them find a building which is more well suited for their current means. Gambling with such a large structure on an unproven start-up non-profit which appears to lack sufficient funding for the ongoing expenses that will come with ownership of a building of this scale seems unwise for the city, and raises additional concerns for the property values in the neighborhood should the building and grounds go unmaintained. As a result, I am in opposition of the sale of the former Fire Administration building and granting of a Conditional Use Permit to Art Works Eagan. Thank you for your consideration. Regards, TOM Tom Volden 1439 Kingswood Ponds Road Eagan, MN 55122 volden.tomgmail.com 1 Mike Ridley From: msupina@comcast.net Sent: Monday, June 26, 2017 11:35 PM To: Mike Ridley; APC Subject: Art Works Eagan CUP To the Eagan Advisory Planning Commission: I am unable to attend the APC meeting Tuesday evening but I am writing in support of Art Works Eagan's CUP application for the former Fire Admin Building. As you know, Conditional Uses are typically considered appropriate and acceptable unless a compelling argument can be made otherwise - the burden of proof is on the opponents. The normal daily use proposed by AWE is essentially the same in terms of occupant load and vehicular traffic as the Fire Department and commercial business uses that had previously occupied this building. The only potential difference would be during special events; AWE has an overflow parking plan to address that. With regard to AWE's vision for this space, it will be unique in the south of the river suburbs and a feather in the cap of Eagan, highlighting our community on the Twin Cities cultural map. It will represent an additional link in the arts and culture loop which includes the Westcott Library, Glacier Hills Arts & Science Magnet School, the Eagan Art House, and the Caponi Art Park. I encourage the APC to consider the facts, the history of this site, and the vision for what Eagan can become, and recommend unconditional approval for Art Works Eagan's CUP application. Mike Supina 1656 Sherwood Way Eagan MN 55122 651-706-0061 From: bigreded23@aol.com To: City Council Subject: Fire Station at Pilot knob and Wescott Date: Tuesday, July 18, 2017 12:12:56 PM Dear City Council Members, If I have the story straight and feel free to correct the facts as you see them. The City of Eagan had a bid for the fire station on Pilot Knob and Wescott for $1.1 million. The City countered the offer and the potential buyers have not responded. Now we have accepted an offer of $500k form Eagan Art Center. However the zoning needs to change. The original cost of the building is $1.8 million, not to mention how much was spent on buildings that replaced this one. I believe the $500k is below standard and should be rejected by keeping the zoning the way that it is and we should seek another buyer or the current buyer come up with at least $1 million for the building. This has been a very bad set of decisions and you still have time to correct this situation. Get a better contact, real estate broker, or whatever it takes to get a better offer than the $500k for that building. If this is what happens when we build fire stations, (the drop in value), then we made a huge mistake building the two new fire stations for the City of Eagan. Please feel free to write back so that I can understand your thinking on this deal... the $500k offer should have been rejected. Sincerely, Ed Ed Schlueter Eagan, MN 55122 6/26/2017 Mail - smsboodoo@hotmall.com Conditional Use Permit for Art Works Eagan Tom Volden <volden.tom@gmail.com> 7127 i i41 mmaguire@cityofeagan.com <mmaguire :ityofeagan.com>; cfields@)cityofeagan.com <cfieldsC cityofeagan.com>; rntilley@/cityofeagan.corn <rntilley@cityafeagan.corn>; pbakken@cityofeagan.com <pbakken@cityofeagan.corn>; citycounciR.cityofeagan.com <citycouncil< ctyc€eagan.corn>; dosberg@cityofeagan.corn <dosberq°: %cityofeactan.com>. apc@cityofeagan.com <apc@acityofeagan.com>; ghansen(cityofeagan.com <ghansen(cityofeagan.com>; Dear Mr. Mayor, Council Members, and Planning Commission, I am a 9 year resident of 1439 Kingswood Ponds Road and am writing to express my opposition to the Conditional Use Permit for Art Works Eagan for the former Fire Administration Building located at 3795 Pilot Knob Road, As a strong supporter of the 30,s, I feel fortunate to already have great access to the Eagan Art House, Caponi Art Park, the annual Eag.an Art Fair, art activities available at MarketFest, and other events at the ECC, all within a walkable distance from my home. However, after reading the article titled "Art Works Eagan in tough spot" in the June 23 issue of the Burnsville/Eagan Sun newspaper, i have to reluctantly oppose the granting of the Conditional Use Permit. While I do share some of the concerns about tniffic, parking, noise, etc, which I am sure you have been made aware of by other residents of the neighborhood, my larger concern is the long term viability of Art Works Eagan and their ability to properly maintain the former Fire Administration property. The article mentioned above makes it clear that the organization lacks funds to complete the purchase of the building, even at a price which is well below the assessed value. This makes me question what, if any, reserves they have for maintenance of the building and grounds, snow removal, and ongoing utility expenses which must he sz_able for this large of a building. wi h Art Works Eagan success in their efforts to further connect arts to the community, but believe that the organization and the community would be better served by having them find a building which is more well suited for their current means. Gambling with such a large structure on an unproven start-up .non-profit which appears to lack sufficient funding for the ongoing expenses that will come with ownership of a building of this scale seems unwise for the city, and raises additional concerns for the property values in the neighborhood should the building and grounds go unmaintained, As a result, I am in opposition of the sale of the former Fire Administration building and granting of a Conditional Use Permit to Art Works Eagan. Thank you for your consideration. Regards, TOM Torn Volden 1439 Kingswood Ponds Road Eagan, MN 55122 volden.tom@grnail,com https://outlook.live.com/owa/?realm=hotmaii.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhYjktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 1/1 6/26/2017 Mail - smsboodoo@hotmail.com ArtWorks Eagan Conditional Use Permit rosnes@corncast.net ..123/20 17 f ..,:3 1 P''.. •.imaguire@cityofeagan.com <mmaguire`acityofeagan.ccrm>; niti ley@cityofeagan.can <mtiliev@uty_rfeagan.com>; pbakken(wcityofeagan,c.)m <pbaklen@cityofeagan.com>; citycouncil(ucitycfeagan.com <ci ycouncil@cityoteagan.com>; dosberg@cityofeagan.corn <dosbberge'cityofeagan.com>; apc@cityofeagan.corn <apc©ci yofeagan.com>; ghansen@cityofeagan,cam <ghanseri cityofeagan.con>; cfields©cityoteagan.com <crielJs©cityofeagan.ccom>; ()sties, Russ <rosnes@cor cast.net>; Dear Mayor, Council Members and Planning Commission Members, Thank you for your service to the residents of the City of Eagan. I know several of you personally and know that it is a significant time commitment to serve as you do. I am writing to let you know of my strong opposition to the proposed Conditional Use Permit for the Artworks Eagan Group for the Former Fire Administration Building located at the corner of Pilot Knob Road and Kingswood Pond Road. This building is located at the entrance to my neighborhood and I am very concerned about how approval of this Permit would compromise the safety and livability of our neighborhood. The Permit would allow over twenty "events" annually. There are slightly more than 50 parking spots, and a room the group has designated for performances has a capacity of 129 people, by their own documentation. Besides these 129 people, others could be in the building working on their own art projects and creations. It is very likely that at those events, parking will not be sufficient and cars will park down Kingswood Pond Road into the neighborhood. This happened every election day when that building was utilized as a polling place. However one day every few years was understandable. To have parked cars lining the only street into the neighborhood on a frequent basis presents not just an inconvenience, but a safety compromise as well The street is narrow enough that with cars parked on both sides of the street there is really only room for one moving vehicle. Also, cars will turn around in the our driveways or the private road just into the neighborhood, which is where my house is located. Should there be a medical emergency or fire in one of the homes in the neighborhood while cars are parked, there would be compromised access for emergency vehicles to any home in the area. Also, there are no sidewalks. Kids riding bikes, people taking a walk or walking their pets will have to go down the middle of the street and navigate traffic with little room for error. The group also plans to install 1 or 2 Kilns for firing ceramic pieces created by the artists. Kilns emit toxins and these will be vented out of the building into our neighborhood and especially close to several houses that are in close proximity to the former Fire Administration building. This poses a health risk; please reference the letter to this effect written by Dr. Sharma. If the Permit is approved, the AWE group would be allowed to have events outside which will generate some amount of noise and disrupt what has historically been a quiet and peaceful area of the city. While no schedule has been made known, it is likely that many of these would be on weekend days, when people are home wanting to enjoy their homes and families. Also, there will be manufacturing of wood and metal works of art with the associated sawing, grinding, hammering, etc. that goes along with that activity. Since the building is proposed to have 24/7/365 access, this noise, which would be bad enough during the day, could also occur late in the evening or even through the night! https://outlook.live.com/owa/?realm=hotmail.com&path=/mail/AQMkADAwATExAGE2h'y00YzQ5LWJhYjktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 1/2 6/26/2017 Mail - smsboodoo@hotmail.com Our neighborhood has historically been the safest in the entire city. Having one entry and exit that is right by the Police Station certainly helps keep crime down. If this Conditional Use Permit_is granted, the huildinf:; brill he ao by. 'n'ny people who come and so, are there I2te ins the ev=_•r,lria or throug' the r►lcrr;t, and wsute AVVEplats a vett,ng_proc' ss for the people wirh access to the building it is not a stretch to consider that someone not even affiliated w,th the AVE ;jrooi ppcculd in the hubbub of all the coming and going_of events normal late nicht activity, -etc. enter the neighborhood with evil intent They could get "lost in the shuffle", not noticed and put our homes and families at risk just due to the increased activity in the area. He or she wouldn't look out of place, whereas presently someone unfamiliar going through the neighborhood at least creates a look and notice by residents. We enjoy our neighborhood and safety is one of the treasured aspects we currently enjoy. Of course, I am in favor or Art and Performing Arts. Performing Art is certainly significant in our family, as Laura continues to live and perform in New York. The Artworks Eagan group has a noble and needed goal of extending the availability of art creation and performance. But the Fire Administration building is NOT the location to pursue this goal. There are other locations in Eagan that are more remote from neighborhoods and would be more appropriate for this type of endeavor. As a resident and business owner in the City for more than 33 years, I can say that Eagan is a wonderful place to live and work. One of the principles that Tom Hedges and the Councils maintained through the growth period of Eagan was the livability of the neighborhoods. The many parks that dot neighborhoods are a great example of the foresight and wisdom demonstrated through the years. The utilization of this building for this purpose by the AWE group goes counter to that historic emphasis on making sure that Eagan's neighborhoods are great places to live and raise kids. We want to keep ours representative of the high status that the city gets on the Money Magazine `Best Cities over 50,000 People" ranking. The AWE group needs to find another location option where they can create their vision and bring better art access to the community, but not infringe on the safety and pleasure of Eagan residents and taxpayers. No one would want to live next to a facility that creates so many negative consequences. Thank you very much. Dr. Russell N. Osnes https://outlook.l;ve.comIowa/?reaim=hotmail.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhY;ktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 2/2 6/26/2017 Mail - smsboodoo@hotmail.com Concerns Regarding Sale of Fire Administration Building to Artworks Eagan Angela Wellik <angela.wellik@gmail.com> \',';:i! 6,,21/2617 9:42 J.°4 mmaguire@cityofeagan.com <r maguire@cityofeagan.com>; cfields@cf.yofeagan.com <cfields@cityofeagan.com>, mtilley@cityofeagan.com <mtilley@cityofeagan.com>; pbakken@cityofeagan.com <pbakken@cityofeagan.corn>; citycouncil@cityofeagan.com <citycounc;I c:tyofeagan.com>; dosbergC)cityofeagan.com <dosberg,wcityofeagan.com>; ccsmsBocd o@hots aiL om <smsBoodoo@hotmaii.com>; KT; Arty/orks Men;o to Ciiy Eagan 20170505.pdf; Mr. Mayor, Council Members, and key parties: Hello, This message is intended to relay my strong concerns and opposition of the current sale and conditional use permit of the Fire Administration Building (located at 3795 Pilot Knob Road) to Art Works Eagan (AWE). My name is Angela Wellik, resident of 1419 Kingswood Ponds Rd; a property directly adjacent to the Fire Administration Building. As a current resident and mother of two, I'm extremely concerned and disappointed to learn of the potential sale to AWE. Please allow me to use the "Request for Conditional Use Permit and Variance within the Limited Business District" document (attached), as a format for me to relay my concerns, and how this move will create undue hardship for me, my family, and my neighbors. • "Studios for Working Artists:„ o The document states that AWE will rent space to artists. It has to be assumed that this space can be used 24 hours a day, 7 days a week, 365 days a year. It is unacceptable to have a building in a residential neighborhood be used as such. o This section goes on to states there will be several kilns installed. While AWE references that specialists will be brought in to install ventilation equipment in accordance with universal standards, it is unacceptable for these gasses to be vented into a neighborhood with such close proximity. Additionally, nowhere in the document does it address the potential health risks of such gasses. Venting "noxious" gasses into the atmosphere with such close proximity to any resident — but especially children — cannot be tolerated. o This section does not reference any sort of vetting to ensure the occupants of this space are not dangerous. This concern increases exponentially given it doesn't appear this property will be staffed regularly; and when it is, it will most likely be by volunteers. • "Performance Space:" it is not appropriate to have a performance hall in such close proximity to homes; and with such limited parking space. Parking will most certainly overflow on to our small neighborhood streets creating safety concerns with neighborhood children, and a bottleneck for emergency vehicles if needed. Kingswood Ponds Rd was simply not designed to handle overflow parking. • "Makerspace:" as stated in the document, the equipment produces "quite a bit of noise." i have twc; toddlers who go tQ bed at 8:00 PMM. Given the 24 hour nature of the facility, ANY such noise is unacceptable. https://outlook.live.com/owa/?realm=hotmail.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJ hYktMDACLTAwCgAuAAADFTLhVorXIkKvBx3bV... 1/2 6/26/2017 Mail - smsboodoo@hotmail.com • "Community Gathering, Workshops and Facility Rental:" while the intent of this space is admirable, the impact this "group rental of gathering space" would have on the Kingswood neighborhood is unreasonable. Nowhere does it state who is eligible to rent this space and/or the hours the space would be available. • "Arts Organization Support and Connection:" it appears this space will be open to use beyond just AWE; including "Dakota Center for the Arts, Eagan Art House, Eagan Artist Connect, and others. It is completely unacceptable for our neighborhood to be subjected to the increased traffic this would cause. • "Resource and Networking Center for Working Artists:" once again, the population utilizing this facility goes beyond AWE members to include "non-members." How is AWE ensuring non-members — or members for that matter— are safe to be occupying this space in such close proximity to children, families, and homes? • "Artisan Marketplace:" people will be able to buy artwork at this facility. I not only find this inappropriate for the property, but it also will create high traffic at an already busy intersection. • "Fine Art Gallery:" based on the language within this document, the intent of the "Fine Art Gallery" is to attract community members and whole institutions. Again, this creates an unsafe level of traffic in the Kingswood Ponds neighborhood. • "Temporary Outdoor Events:" while AWE plans to limit the noise created by their equipment by putting it in the basement of the property, how does it plan to limit the noise from outdoor performances and concerts? Outdoor events are completely inappropriate and cannot be tolerated in our neighborhood. I would encourage AWE to explore more appropriate venues such as Central Park for such events. o The document states AWE plans to have no more than 20 events per year. Given the amount of days outdoor events are feasible in Minnesota, this volume is unacceptable. o Nowhere in the document does AWE reference the time of these events. I am extremely concerned that the noise created from these events will impact the ability of my kids to fall asleep. o Given the size of the property, one would assume the outdoor events would need to take place in the parking lot. Where would people park? Parking on Kingswood Ponds Rd would create safety risks within our neighborhood. • "Art Library" and "Coffee Shop:" in alignment with the other similar items, increasing traffic in this neighborhood is undesirable and isn't safe. Regarding the "Need for Variance With Regards to Artisan Marketplace Use:" as AWE states, "the intent of the restriction is to curtail the sale of mass-produced factory goods that could potentially draw an untenable number of consumers to a location not capable of handling increased person or vehicle traffic." This restriction is completely relevant in this case as evidenced by my concerns above. I urge the City of Eagan Planning Commission and any other stakeholders to protect the citizens of Kingswood by limiting person AND vehicle traffic in our neighborhood — especially given the small children who often play outside. Kingswood is a quiet neighborhood. It's what attracted most of us to this area. Had I known that the Fire Administration Building had the possibility of being sold to a tenant who planned to not only increase local traffic but "serve the whole south metro," per their submission, I would not have moved here. This space is not appropriate for AWE as it creates an undue hardship on the nearby residents. I ask the Council and all concerned parties to reconsider this sale and conditional use permit. A Concerned Mother, Angela Wellik https://outlook.live.comIowa/?realm=hotmail.com&path=!mail/AQMkADAwATExAGE2Ny00YzQ5LWJhYktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 2/2 6/26/2017 Mail - smsboodoo@hotmail.com Request for Disapproval of AWE Fire Building Use nathan delgado <nathandelgado@live.com> 11d6/-1'1/201 4.'" mmaauire@)cityofeagan_com <mmaguire©ctyofeagan.r_nm>; cfields@ciyofeagan.com <cfields@?cityafeagan.corn>; mtiliey©cityofeagan.com <nnti!!eyir cttyofeagan.coni>; pbakken@cityoleagan.com <pbakken@citycfeagan.com >; citycouna4>cityofeagan.com <citycouncilgc:tyc`eagan.com>; dosberg(cityofeagan.com <dosberc;@iityofeagan.cam>; Sean Boodoo <smsboodooC}riotnmail.cc >; Mayor Maguire, Counciimembers, and Planning Commission: My name is Nathan M. Delgado. My wife, three children and I are residents of the Kingswood Ponds Rd. neighborhood. First off, thank you for all you do for our city and community. You have our respect and support. Additionally, kudos if you actually read through this entire lengthy and hastily written email. As I'm sure you are aware, our community has many valid concerns with the proposed sale and use of the Fire Administration Bldg. located at 3795 Pilot Knob Road, by Art Works Eagan (AWE). My wife and I spent many hours conducting our own research into the matter, considered input provided by our neighbors, attended neighborhood informational gatherings, and discussed certain issues with members of city staff. I am writing to voice my disapproval of Art Works Eagan purchasing or otherwise operating in the Fire Administration Building at the end of our block. The level of involvement and communication that has that has taken place in our community over the past week is astonishing. The concern and support shown for our families and each other, cerebral analysis from a diverse array of intelligent professionals, and fervent engagement in civic process is reassuring of the fact that our community can and will come together in times of need, and aggressively pursue solutions to issues endangering our well-being and livelihood. While it would be unreasonable to expect the city to bend for every individual request, in this situation, I believe the city would fail its purpose were AWE allowed to operate in the fire building. There is both overwhelming support from an entire neighborhood of honest, hard-working citizens, and innumerable logical concerns for problems that will undoubtedly arise if AWE operates next door. The benefit to the city as a whole simply is not there, nor would it outweigh the health, financial, and quality of life detriment to the hundreds of people who live in our neighborhood even if it were. I'm sure you are receiving correspondence outlining many concerns and will also hear from many residents during the upcoming APC and council meetings on this issue, though VII list some of my concerns. 1. Kiln emissions: Researched and quantifiable pollution that will undeniably effect our air quality and the health of our children and ourselves. Those who are immunocompromised, sensitive to allergens, and who have a wide range of other health concerns face an even more serious threat to their longevity. 2. Fiscal irresponsibility: We tax payers spent a great deal of money on the fire building. To see it sold at a rock bottom price to an organization that should hardly call itself a non-profit is very disappointing, particularly as the city faces a need for more office space and is hiring firms to draft plans to remodel or add to the municipal building. While proceed from the AWE deal could offset some of the costs of updating the municipal building, it is incredibly difficult to argue that greater savings to the city would come from selling the fire building. 3. While it is common for non -profits to charge for some services as they rarely can survive on donations alone, both common sense and detailed evaluations of AWEs business proposal looks far more like a typical business than a non-profit that will serve a greater good throughout the community. The vast majority of the building would be rented space, use of resources would require contracts and fees, and access would be controlled and limited to "members". They cunningly use the word "communal", though even that, too, has a contract and associated fees (which I have read). I understand they intend to offer https://outlook.live.corn/owa/?realm=hotmaiI.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhY ktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 1/2 6/26/2017 Mai - smsboodoo@hotmail.com occasional workshops that are free to the public, however most require an admission fee. Similarly, it appears as though the few spaces that may be open to the public are simply areas where the organization can sell art and other products. The only difference between this and Hobby Lobby is that AWE can also sell you a rental studio and perhaps food and beverage. So as previously said, AWE should hardly call itself a non-profit with the ability to serve the greater community. I have volunteered with many community efforts and non -profits, and know universal value when I see it. 4. Traffic congestion: Being a dead end neighborhood off of a main road, it is regular for non-residents to wind up on our streets and looking for a place to turn around. I've lost count of how many times I've seen disrespectful people barreling down our streets that have many blind turns and close to a hundred children within a half -mile stretch. While I limit how far my young kids can go down the driveway towards the street, there have been many instances where we have been in our driveway playing and some random person looking for a place to turn around enters deep into our drive way after rounding the turn too fast. Were my kids closer yet still not within 30 feet of the street, 3 times they would have been hit by a car traveling fast enough to leave marks on my concrete. Another time, 1 estimated a vehicle to be traveling nearly 55 miles per hour down our street, again with both my neighbor and I along with our children outside. There are no parks in our closed neighborhood, so going for walks is a very common activity that we all enjoy. There is a very real danger presented by the increase in traffic that will certainly come with AWE's presence. The only way to mitigate this is for them to not be there. 5. Parking: I've lived for some years in major metro areas and one thing that was quite frustrating was the inability to park in front of your own house, as well as always having some random car parked in front of your house. People leave trash, fail to respect your property, and at times pose a threat to family. I've had an elderly neighbor and his wife who were robbed at gun point by such a random person. Just because Eagan is a safer city in general does not mean that avoidable conflicts will not arise. Parking signs are an option, though lets be honest, who wants a sign posted in their front yard? Certainly not I. Not in a neighborhood with modest properties like ours. Also, the onus to call towing companies is a burden that residents should not bare, and it would be rude of the city to impose such circumstances on us. Parking and traffic will undoubtedly be more of an issue as they hold events. 6. AWE would be far better located in an commercial or industrial area. Or, if this alleged community benefit is of such importance to the city, they should make room for them within the confines or close to the Capon' Art Park — though even still, [ just don't see the overall value in their organization, at least not if it costs the taxpayers. They are far too much of a for-profit business and their services will realistically only be used by a small niche of citizens. 7. Exposure to the crime and unsightly/unruly crowds that can be typical of other, similar studios elsewhere. This situation has also highlighted just how much room for improvement exists within the city's notification process. It doesn't exude transparency and instead gives the impression that the city is content with allowing AWE to operate out of the building without regard for resident concerns, and then simply placing the onus for cleaning up the mess, reporting complaints, accepting the reduction in property values, and pursuing further litigation or other resolution at the doorsteps of citizens. I could go on, though this is quite enough to have lost the attention of most. I look forward to discussions during upcoming meetings. Again, thank you for the time you've taken to read my email, and know that I value your service. Very Respectfully, Nathan M. Delgado https://outlook.live.com/owa/?realm=hotmail.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhY]ktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 2/2 6/2e/2017 Mail - smsboodocVahotmaiLcom Use Permit for Old Fire Admin Building- 3795 O'/]f Know l}w v`mmaguie@itynfeagan.com<mmagwe©ritynfeagnnzom'; c5eNs0)chynfeagancorn /c5elds@cityofeagan.com`/ md||oy8gcityofeagan.com <mUUcy@chyofengan.com';pbokkenPchyofeaganzum <pbaQen(0dtyofeaganzom`; citycounccityofeagonzom^citycouncVdDcityefeoganzomxdosbergVDckyofeagan.com<dosbe'g©dcyofeagunzom>; apc@cityoteaganzom mpc6Dcityofcagan.com';ghansenchyofeogun.com /ghun`engcityoeognn.com'; To all, I am writing this email to express my grave concern and consternation with reference to the upcoming change of status of the Fire Admin Building. We have lived at 1404 Kingswood Pond Road, Eagan since 1998 and were one of the first families to move into the neighbourhood. The house is located across from the Building, which did not exist at that time, Even though the Building has always been a source of unwanted disturbance since its inception (fire trucksambulances, employees, election site etc) we have never expressed our displeasure because of relatively mild nuisance associated with it. However, now we are extremely concerned. First, I am a physician and specialize in pulmonary medicine. l strongly feel that the buiUdng of kiln on this site is an unwarrated source of environmental pollution that will adversely effect health of those who live in the neighbourhood (there is enough written about this in literature and so I will not repeat it). Iann sure that you have done your due diligence regarding that installation (though we have not seen it) but that does not satisfy me. l know what is legal is not always safe and we did not sign up for this when we moved in here over two decades ago. I would like to mention that in 2009 I took on the case of use of chlorination in DisLrict196 pools that was adversely effecting health of our cN|dren...ch|oMnation was standard methodology at that time- perfectly legal but totally unsafe. Changes were insbtuted following that. Second, the comings and goings of strangers and the crowding, parking and safety issues associated with the same are another over arching concern. We along with other families planned to live in a quiet, friendly and safe neighbourhood. This change is threatening the very cornerstone of our choice to be here, We did not sign up for this. Third, this expensive builidng came into being after we moved in and its use was very limited. It was supported in part by our money. It is thus City's responsibility to take our opinion into consideration as it seeks to divest itself of it. I hope City will find another use for this building - one which is family friendly. Regards, Anuja Sharma, MD mtpa://ouuoox.lw bV.' 1/1 6/26o017 Mal .cum Please Reject th Conditional Use Permit for 3975 Pilot Knob Road David Steffen <wolfbrother7@gmaii.com> �u�/L2/Zu'71Z:0ldu -tyapc@ch-yofeaganzom m m'; To the Members ot the Advisory Pannng Commission of Eagan, 1 am David Steffen of 1452Kingswood Ponds Rd. Less than a week ago1 found out by word of mouth that the City of Eagan is plarining to seiI tht old firehoue on Pilot Knob and Kngwood Ponds Rd to AVVE. The pro osed use for the property s pitched as an enhancement for the community, but with no apparent thought to the community that the property is actually adjacent to. The traffic safety hazards, environmental concerns, and noise pollution are all a huge concern to our neighborhood which is one of the safest in the city. I can't believe that I had to learn about the sale after the purchase has already gone through, and only then by citizen-to- citizenwoodo/mouth'instead(Jhei:gnotifiedbytheCirywhendearlytheentireKingsxoodPondsRdcommunityisaffectedbythe traffic nightrnare that this use of the fac0ity is going to cause. AWE has made no effort to contact us regarciing this proposed use, and only a few of us have been contacted by the city to discuss it, after the purchase agreement had already been apparenfiy signed.Please help us protect our neighhorhood by rejecting the conditional use permit. By what 1 understand,nd, the area of the building proposed to be used for performing arts can house about 130 people, more than twice the number of parking spaces in the lot of the building, and that's not even taking into account the other areas of the building or the fact that the conditional use proposal also includes outdoor showings and concerts of unspecified size, Supposedly the city hall Parking lot is supposed to he their overflow, Nit am skeptical that anyone who has had to deal with overflow parking situations thinks that's what's going to happen—thoSe going to the property will see the parking lot is full and will "immediately go to the closest adjacent legal parking spots, which so conveniently line both sides of Kingswood Ponds Rd, rather than park half a block away and cross on foot one of the heaviest trafficked roads in Eagan. I moved into this house in 2008, and I remember Election Day 2008 when vating was still held in the firehause building. Parked .ars backed upta my house that momning and it was e danger to get out of the neighborhood with the cars still nflowing and the road made narrow by all the cars. The traffic iqht c get outof Kiriqswood Ponds Rd is already one of the worst -serviced appioaches ve seen iothe mctro—hjnot unusual to wait 2-3 minutes at the Iight. Now imagine the cars are backed up on both sides of the road hafway to the circie with mOre cars still trying to get in. That's not only going to cause a backup to get out of the neighborhood, but if cars are lining both sides of Kingswood Ponds Rd, that is going to cause a significant backup on Pilot Knob Rd. itself, blocking a lane in both the northbound and southbound directioris for a significant distance. The traffic alone would affect safety for our children, including my 4 year old son, insurance rates, and property values. Not only this, but the influx of complete strangers to this quiet neighborhodfuUof kids -three new babies Just born last month that 1 know of. Thclast thing wrwzntisabusiness that's going tnattract ho,6e,ufcomp|eiestrangers into the neighborhood, and with the temporary liquor permits in the proposal, no doubt often leaving drunk. And the propcsal inctudes mcntion of venting kin fumes to protect she safety af the inhabitants of the building, but there are houses within a stone"s throw of that corner of the building—that out -venting is going somewhere. An environrnental impact stuay would show what danger those adjacent houses will be in caused by this, The placement of the facili'cy with its meager parking nt, is simply not suitab!e for the proposed use, and their conditional use proposal shoud be declined. AWE should find a different site marc suitable to their plans. Something inabusiness area, rather than residential, perhaps in an industrial park that would be better suited for their industrial uses such as kiln -firing and woodworking, and one with ample parking to suit their demand that won't cause safety and traffic hazards to dozens of houses and to the one of the busiest roads in the City. BOttom line, this site i$ not suitable for their use, and if you apprOve their proposal yOu will be approving it at the expense of the safety of our neighhorhoad https://outlook.live.com/owa/?realm=hotmail.com&path./mail/search 1/2 6/26/2017 Mail - smsboodoo@hotmail.com Thank you for your time. hest, David Steffen https://outlook.live.com/owa/?realm=hotmail.com&path=/mail/search 2/2 6/26/2017 Mail - smsboodoo@hotmail.com Say no to the AWE Conditional use permit Heather and David Steffen <hls2882@hotmail.com> mmaguire(cityofeagan:com <mmaguire( jtyofeagancom>; Dear Mr. Maguire I'm Heather Steffen of 1452 Kingswood Ponds Rd. We only recently heard about the property deal the City of Eagan is working on to sell the old firehouse on Pilot Knob and Kingswood Ponds Rd, despite the deal having been in the work for months. We only heard about it from concerned neighbors, and have yet to hear an official communication directly from the city Part of the reason we moved to this neighborhood is the privacy and the fact there's only one way in and one way out, and for the safety that allows. That's why we chose a house in the neighborhood --you know everyone who's coming and going. I don't appreciate the idea of strangers coming in and out of the neighborhood at any time of night. We're still a little on edge after the arson at the old town hall a few years ago People already sometimes come through the neighborhood too fast. The last thing we need is adding more cars racing around the blind corner by our house, as people try to find another exit from the neighborhood when the Pilot Knob light is backing up traffic so that I have to worry even more about my four year old son and my dogs. I'm also worried about the disposal of the heavy metal materials and toxic fumes from the pottery glazes. Are they going to run down the water into our pond and pollute our beautiful nature area, or end up in our drinking water from improper disposal? The noise and the parking that will be produced by events at that property are not the kinds of things that anyone wants in a residential neighborhood. A facility like that does not belong in a residential neighborhood. Period. And their conditional use permit should be rejected. Thank you for your time. Heather Steffen https://outlook.live.comIowa/?realm=hotmail.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhYjktMDACLTAwCgAuAAADFTLhVorXIkKvBx3bV... 1/1 6/26/2017 Mail - smsboodoo@hotmail.com Opposition to Eagan Artworks in old Fire Administration Building Kristen Volden <kvolden@comcast.net> ., �1:.:?17 1:22 Piv1 T APC©citycfeagan.corn <APC@cityofeaga,i:com>; mrnaguire@criyofeagaiaccani <mmaquire@cityofeagan.com>; cfields@cityofeagan,com <cfieldsWcityofeagan.com>; mtilley citycfeagan.con <mtilley@)cityofeagan.com>; pbakkent cityofeagan.com <pbakkenC.)c tyofeagan.com>; citycouncil;a'cityofeagan.com <citycouncil@cityofeagan.com>; dosberg@cityofeagan.com <dosberg@cityofeagan.com->; ghansenCwcityofeagan.corn <:ghansenC cityofeagan.conr>: Dear Mayor, Council Members, and Planning Commission, As a resident of 1439 Kingswood Ponds Road, I am writing to express my opposition to the Conditional Use permit for Eagan Artworks and my opposition to the pending sale of .the old Fire Administration Building to Eagan Artworks. My concern encompases the safety of the neighborhood and its residents in these ways: Proximity- * roximity- • The old Fire Administration Building is very close to several neighborhood hornes. This poses an air quality issue when kilns are fired and toxins are vented ;nto the back yards of homes: • The c=eation of some works of art will require loud machinery which will negatively affect the outdoor experience for several homeowners. • 24X7 access to the building will affect the sense of safety and security in a neighborhood that has an historically lbw crime rate • Eagan Artworks proposes to hold at least 20 events during the year. The increase in noise will result in noise pollution issues for the neighboriooci. M The i screased traffic created by community events will be a burden to the neighborhood. Kingswood Ponds neighborhood has one entry/e.:it point. Traffic will flow in and out of the parking lot which has entry and exit points very dose to the light at Pilot Knob Road. This will congest an already much used area. The wait at the light to exit Kingswood Ponds Road k long and cars will build up causing traffic issues. Safety- • On Election Days in past years, the street filled up with parked cars on both sides of the road. This effectively created a one-way street for neighborhood residents to navigate. Eagan Artworks is planning 20+ events a year. Kingswood Ponds Road will effectively be a one- way street for 20+ days a year: This severely /unit access that an emergency vehicle would need to respond to a call for help from our residents, • Parked cars on both sides of the street pose a problem for pedestrians. Cur neighborhood has no sidewalks. Residents and event attendees will either walk on the already narrow street or walk on private property. • Parked cars creating a one-way street will mean that. in order to leave the neighborhood, a driver will pull into a private driveway to tr.rrn around or drive through the entire neighborhood to tum around in she cul-de-sac and try to navigate back through a narrow one-way street. (This neighborhood has one entry/exit point.) • Increased traffic will potentially endanger neighborhood children. I know of 15 children under the age of 7 in our neighborhood. We know each other in our neighborhood. We look out for each other. My daughter grew up in a tranquil, safe neighborhood where she could run and play outside in safety. The increase in traffic, parked cars, event attendees will change the quiet, safe atmosphere of the neighborhood creating a narrow, busy street filed with strangers on 20+ days. • Potential liquor license A drink or two could impair the judgement of event atterdees who then will drive on a narrow, one-way street through our neighborhood to exit at the light which will be congested with traffic. This is another issue which impacts the safety of both adult and children in the neighborhood. • If some event attendees do park at the Civic Arena, the Pilot Knob/Wescott/Kingwood Ponds Road intersection isn't safe for pedestrians or drivers. Earlier this year I was almost hit in the cross walk by a driver turning left from Wescott to go south on Pilot Knob Road. I put in a call to the police right after it happened. Drivers on Pilot Knob Road frequently drive very fast to beat a yellow light at this intersection, An increase in pedestrians and cars to this intersection will increase problerns, This poses a danger to Eagan citizens as well as neighborhood residents. I an:: also concerned about fiscal responsibility and transparency regarding the residents of Eagan: https://outlook:Iive.comIowa/?realm=hotmail.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhY ktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 1/2 6/26/2017 Mail - smsboodoo@hotmail.com • The City of Eagan is selling a $1.7 million dollar building for $500,000. This sale isn't a good return on taxpayer investment. • Eagan Artworks is a non-profit organization and will not pay taxes. A sale could he made to a business that would increase Eagan's tax base, • The City of Eagan and Eagan Artworks were not transparent in their process of brokering an agreement for purchase that included the Kingswood Ponds residents until the sale was all but finalized. I am disappointed in the parties involved. This sale greatly Impacts our neighborhood. In summary, I am opposed to the sale of the Fire Administration Building by the City of Eagan to Eagan Artworks, and I am opposed to granting a Conditional Use permit. Thank you for taking the time to thoughtfully consider my position. Sincerely, Kristen Volden https://outlook.live.com/owa/?realm=hotmail.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhYiktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 2/2 6/26/2017 I Oppose the Conditional Use Permit for AWE use of 3795 Pilot Knob Rd -7 Reply j v Delete Junk ( V • «. 1 Oppose the Conditional Use Permit for AWE use of 3795 Pilot Knob Rd Sean Boodoo =-) Reply Fri 6/23/L017 r _+; izt N To; rnmaguire@cityofeagan.com; cfields@cityofeagan.com; mtilley@cityofeagan.com; pbakken@cityofeagan.com; citycouncil@cityofeagan.com; dosberg@cityofeagan.com; apc@cityofeagan.com; ghansen@cityofeagan.com Oppose Ar,:work,.; �4! Show all 3 attachments (11 MO) Download all Save all to OneDrive -- Personal Dear Mayor, City Council and Advisory Planning Commission, I have previously sent you a letter stating my opposition to the Conditional Use Permit for AWE and I've also invited you to my home so you can gain a visual perspective of just how close the proposed AWE operations would be to my dwelling and outdoor areas. My invitation remains open to you, even outside of this particular request, but I understand that calendars can be hectic. Therefore, I've attached a picture which I hope will help you to gain an idea of the proximity of the former Fire Administration Building(FAB) to my home. You could also look it up on Google maps of course, but I had hope you would appreciate actual photos. In the photo IMG_7327_1, I am standing on my deck and my son is leaning against the FAB. My camera has an 18mm lens on. It's easy to see why I am concerned, especially with kilns planned for construction on the other side of that wall. They'll have to vent outside somewhere, which places toxic fumes in very close proximity to my family and neighboring residents. If you look towards the right of my son, there are a set of doors right there, which I can only assume would be open often times, to vent the inside of the building. AWE admits in the application, to needing to use protective equipment for kiln users, but make no mention of protecting surrounding residents. Princeton University Research has published works that identify toxic materials present not only in ceramics materials, but also in the kiln emissions. I can only assume these side doors as well as the main garage doors will be open at times and those toxic materials(dust particles, etc.) will be allowed to pollute our immediate area as well. Photos IMG_7336_1 and IMG_7337_1 were taken at the Edina Art Center. A place referenced by AWE representatives when I attended the informational meeting on June 4th. They brought this location up during my discussion of possible toxic fumes and mentioned that it was a model for them with outdoor kilns venting outdoors. What they failed to mention, was the proximity of homes to the kilns and the fact that the location is in the middle of a park, not a residential area. These two pictures are two different perspectives taken from the same location. One looking at the kilns and the other looking at the closest home in proximity to the kilns. Clearly they are hundreds of feet apart. https://outlook.live.comIowa/projection.aspx 1/2 6/26/2017 I Oppose the Conditional Use Permit for AWE use of 3795 Pilot Knob Rd future. Thank You, Sean Boodoo https://outlook.live.comIowa/projection.aspx 2/2 Mike Ridley From: Richard Kleven <richard.kleven@thrivent.com> Sent: Monday, June 19, 2017 2:02 PM To: Mike Ridley Subject: 3795 Pilot Knob Road, Conditional Use Permit Dear Mr. Ridley and the Advisory Planning Commission: As I was out of town, I just received the Public Hearing Notice of the above, which is of great concern to us. Please send me all available materials that have gone into the decisions on this matter, including analysis of risks, alternatives, use of property/limits, effect on adjoining properties and valuations, and anything else a neighboring home owner and Eagan tax payers might be concerned about. What other offers have been made for this property? I can't believe there is a matter of this significance and we get a notice this short before decisions will be made. Also, please help us understand the uses and possible uses of the property under the permit — how broad, what's possible. Finally, what is the price this is being sold for and what tax liability is being lost? If you lived by this property, what would you be concerned about? I truly don't know enough to even ask the right questions at this point. Thank you. Rick Kleven 1408 Kingswood Ponds Road Vice President Government Affairs 625 Fourth Ave. S., Minneapolis, MN 55415-1665 Direct: 612-844-7216 Fax: 612-844-7062 Cell: 612-655-7322 Email: richard.kleven@thrivent.com THRIVENT FINANCIAL' Appleton, Wisconsin Minneapolis,Minnesota Thrivent.com • 800-847-4836 • This message contains confidential information intended only for the above addressees and may contain information that is proprietary or legally privileged. If you received this message in error, please notify us and delete the original message. You must obtain permission from Thrivent Financial to use its logo on all materials. Failure to do so could result in legal action. Mike Ridley From: Patty and Rick Kleven <parbar@comcast.net> Sent: Wednesday, June 21, 2017 7:56 AM To: City Council; cfields@cityofeagn.com; Gary Hansen; Meg Tilley; Mike Maguire; Paul Bakken; Dave Osberg; APC Subject: Opposition to Conditional Use Permit -- Artworks Moving into 3795 Pilot Knob Road Dear Mayor, Council Members and Planning Commission: We are writing to express our strong opposition to the proposed Conditional Use Permit for Artworks enabling a move into the former Fire Administration Bldg. at 3795 Pilot Knob Road. We have nothing against an arts facility, however locating it here creates numerous and serious concerns for us as residents of Kingswood Ponds. We have lived at 1408 for 18 years, and are frankly stunned that an operation of this nature, with so many issues, has gotten this far. We only very recently became aware of the seriousness of the problems we will list below, The location This building sits nestled into the neighborhood, nearly touching one house and extremely close to others. The neighborhood only has one entrance in and out (Kingswood Ponds Road), with a dangerous four way stop. There's very little room here. No buffer room. This itself is a problem and all the specific concerns (listed below) are thus magnified. This location was intended for an office type facility for good reason. This project will change the character of the entire neighborhood — it can't help but spill all the way down into our homes, families and lives. Our concerns, and they are many While we are still learning more, our current specific concerns include: 1. Noise. It is our understanding that there will be metal and wood work. In addition, there are plans for performance art, celebration events, etc. And it's a 24 hour facility! 2. Toxicity. Kilns can't help but present a problem with toxic fumes. They can't avoid us as they have to go somewhere. 3. Traffic. There's nowhere to go but down Kingswood Ponds Rd, which is a small, residential street. Cars coming for events will stack up. 4. Parking. There's not sufficient parking for what's contemplated. It will fill our streets and be on top of our houses. We saw this at election time, but that was at most once a year, and limited. We wouldn't have parking for our guests, in addition to having filled streets. 5. Safety. This is a major concern! With individuals coming and going, night and day, we could see anything happen. We can't imagine what large events would bring to this little space — but 24 hours a day, seriously? We can't police this ourselves and there will be no one to do it for us. We cannot be expected to report in things, many of which we'd never see. This is a neighborhood of children and currently one of the safest. It's why many chose to live here. 6. Liquor license. We understand that may be part of the events — we can't imagine that, with our streets filled with non-residents. We and other neighbors can provide additional details on these on other serious concerns. A community project, subsidized by taxpayers should not unduly harm as healthy, existing community This project is apparently done in part at the expense of us, the taxpayers. The price of the property is very low, and it apparently will not support our community with property taxes. We would think a project of this nature should not dramatically disrupt a wonderful community like Kingswood Ponds. It clearly will. In fact, until very recently, none of who live here truly understood the nature of what is planned. We need someone to help stand up for us We are not only concerned about the impact of this project, but that we've been left out of any discussion or consideration until now. Only a few got notice of (only recent) informational hearings, and this is very far down the road. Artworks dearly had no intention of including us on anything. Therefore, we need your help and support, as we feel our daily lives (not to mention property values) will be irreparably affected. There are other safe and appropriate locations for Artworks. Thank you. Rick and Patty Kleven 1408 Kingswood Ponds Road 612 655 7322 2 Mike Ridley From: Komal Sharma <komal_sharma@hotmail.com> Sent: Wednesday, June 21, 2017 9:42 AM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Subject: Conditional Use Permit for Artwork on 3795 Pilot Knob Road Dear Planning Commission, Mayor, and other members: I live across the street from Eagan Fire Admin building at 3795 Pilot knob road. This building was built while we moved here. We have no complain until now. We are the first house build in this neighborhood in 1998. We are very concern about the new proposal to Eagan Art house due to traffic, noise, and parking situation it will create in this wonderful neighborhood. Eagan tax payer including myself have paid Tots of money for this building and now it's been sold for unfair price and creating noise in the neighborhood. I would request all of you to find another home for Eagan Art work. We will not allow this in our neighborhood. Thank you for your time for reading this email. Regards Komal Sharma 1404 Kingswood Ponds Rd Eagan 1 Mike Ridley From: Jeffery Hyde <jeffhyde0@gmail.com> Sent: Wednesday, June 21, 2017 10:03 AM To: APC Subject: Art Works Eagan To all members of APC I and My four Adult members at 1472 Kingswood Pond Road, Eagan Sincerely ask " All APC members " To Recommend a Strong NO ! On Conditional Use Permit And a Strong NO ! On Temporary Liquor Permit We all at 1472 Kingswood Pond Road Are Extremly Challenged by The - " Safety, Health, Traffic, and Property Devalution Ramifications Thank you in Advance for your Service Supporting your Eagan community neighborhoods Sincerely Jeffrey Hyde/ Kim Family PS: I look forward to meeting APC members At upcoming " City & Community meetings/gatherings Mike Ridle From: Sara Delgado <sara.delgado@live.com> Sent: Wednesday, June 21, 2017 1:45 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Cc: smsBoodoo@hotmail.com Subject: Eagan artworks conditional use permit Hi, My name is Sara Delgado and I live at 1444 Kingswood Ponds Rd. I am writing to you with concerns about the conditional use permit for artworks at 3795 Pilot Knob Rd. I believe this building and neighborhood are not the appropriate place for this type of building. I'm very concerned about the increased noise and traffic in our small neighborhood, and as a mother of 3 small children, having possibly greater than 100 strangers on my street on a regular basis is very alarming, especially since we live around a corner that is similar to a blind intersection, and traffic that is unfamiliar with our street tend to drive way too quickly past our house, typically over the speed limit. I am also very concerned about the building being unstaffed and open 24 hours a day, possibly leading to higher levels of crime in our neighborhood. In addition to that, the possibility of emissions/toxic fumes is not a safe thing to have so close to all our homes as well as possible noise at all hours of the night. This type of business would be much better suited to an industrial type area, where sleeping families would not be affected daily. I hope you understand our concerns and take this matter very seriously. We love our neighborhood as it is and would like to keep our quiet, safe street. Sara Delgado Sent from my iPhone 1 Mike Ridley From: Cheryl Stevenson on behalf of City Council Sent: Wednesday, June 21, 2017 2:02 PM To: 'Cyndee Fields'; 'Gary Hansen'; 'Meg Tilley; 'Mike Maguire'; 'Paul Bakken' Subject: FW: Concerns Regarding 3795 Pilot Knob Rd From: Dustin Wellik [mailto:dlwellik@mmm.com] Sent: Wednesday, June 21, 2017 1:13 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg Cc: smsBoodoo©hotmail.com Subject: Concerns Regarding 3795 Pilot Knob Rd To Whom It May Concern: My name is Dustin Wellik, resident of 1419 Kingswood Ponds Rd which is a property directly adjacent to the subject address. I am writing to you to express my strong concerns regarding the potential move of Eagan Artworks into this property. Six years ago, my wife and I were searching for a quiet neighborhood in a nice community to call home. Like many others searching for the same, we focused our efforts on Eagan. In 2011, we found our home on Kingswood Ponds Rd and since then have been blessed with twins. It's always been our plan and vision to raise our twins in this home. However, upon learning about the potential move of Artworks Eagan into the former Fire Administration building, and the numerous impacts this could have on our lives, our vision has been put in jeopardy. Outlined below are the specific concerns I have and the potential impact I anticipate: Health: above all else, our home needs to be a safe and healthy environment for my kids, my wife, and myself. I understand there are negative health impacts caused by the kiln fumes, different types of paints, byproducts of wood and metal work, etc.. It's simply not acceptable for the health of my family to be put at risk. Security: my understanding is this building will be open 24 / 7 / 365 with little -to -no security provisions. It should be no surprise that it's critically important to me and my family that we live in a safe environment. Unfortunately, this move puts the security of neighborhood at risk; especially considering there's been no communication regarding the individuals who may be occupying this space. Noise: as mentioned above, we chose Eagan and this neighborhood to have a quiet place to raise our family. The noise that comes with wood and metal work is unavoidable and unacceptable in a neighborhood like Kingswood. Additionally, with the 24 hour nature of this facility, how can I be sure that my family and I won't be exposed to this noise at all hours of the night? Parking and traffic: Kindswood Ponds Rd is a quiet, small street, that has children (including my own) playing nearby. Given the size of the parking lot, it's unavoidable that traffic and parking will increase on our street to unacceptable level. Events: it's my understanding that Artworks may be holding "events" in this space. Given the size of building, property, and parking lot, this location is not appropriate for any types of "events." While not comprehensive, the concerns listed above prove this property is simply not appropriate for Artworks Eagan. It is my hope, request, and expectation that the representatives of Eagan more diligently consider the impact this move will have on ALL residents of Kingswood. It's unfortunate that my family and I find ourselves in a situation where we may need to consider leaving the house, neighborhood, and city we're proud to call home. 1 Mike Ridley From: Ronnell Hansen <ronnellhmd@gmail.com> Sent: Wednesday, June 21, 2017 2:18 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Cc: Elisa Hansen; Elena Tanaka Subject: Opposing conditional use permit for Artworks at 3795 Pilot Knob Road To: Eagan Mayor, City Council, and Advisory Planning Commission RE: Conditional use permit for Artworks Eagan 3795 old Fire Administration Building To my representatives, I am both saddened and disappointed that I have to address members of the Eagan Council and Advisory Board on this issue in the way it has evolved, largely it seems on the basis of how Artworks Eagan and the City Council have managed it thus far ( largely behind the scenes). A city owned building at the cost of nearly 2MM to taxpayers, is now being sold at a disproportionately very low price to an organization well known to the council members, well below current market value, toward a use which is far out of what residents here, and what likely many fully informed others, would consider an even remotely appropriate use in this location - and in fact requiring a special use permit. While Artworks Eagan appears to be an organization with laudable goals, the implementation and plans for this space set forth by the conditional use permit and AWE's own admitted (but somewhat challenging to find in their entirety) plans for the property- at this proximity to established private residences - comes at great expense to all of taxpaying residents living in the Kingswood first addition, on many levels - from my perspective, family and property safety being chief among them. I have lived in the Kingswood 1st addition since beginning a custom home in late 1999 - I specifically selected this location based on several important characteristics - chief among them, safety for raising a family. Please keep this in mind as you read this. I am a physician at the VA Medical Center serving veterans, my wife Elisa, is head of anesthesia at Shriner's Hospital for Children in MPLS, serving children needing medical care who cannot in many instances pay for their care, and her sister Elena, a nurse who has taken her time to assist in raising our young children - we all live here with our 2, 4, and 6 year old children, in this currently safe quiet high quality neighborhood - along with many other families and their young children - who have the same values and concerns. Please understand - we, as a family, live the values of serving our community - we could make far more doing other things, as could probably many of you, but chose this path in large part to help others who have served us - or who cannot help themselves easily. We don't disparage importance of the arts or what AWE would potentially add to Eagan - however, lack of appropriateness at this location and how this issue has been managed, has shown the residents of Kingswood 1st addition anything but a sense of concern for the welfare of their community. I have, as an individual, likely paid Eagan just under $175,000 in taxes - as a taxpayer and parent - with you as my representative governance - that opinion should matter, perhaps more than potential constituency groups which seek exception projects, particularly ones only partially or inaccurately disclosed to the ones most affected. Many elements of this proposed use undermine my (and many others) family's safety, health and welfare - to say nothing of personal and resident convenience for day to day activities such as simply parking or even safe driving access to their own homes. As my representatives - place yourselves in my family's position of being a stone's throw away from a 12K sq ft building previously occupied by known EMS or city personnel, which now has potential for individuals we don't know coming and going 24/7 (controlled door or not) in a largely unstaffed facility (cameras or not)- with scheduled or unscheduled indoor and outdoor events / sales / concerts / coffee shop for which the facility access / parking AND location is poorly/inadequately designed, drawing potential large groups which may or may not be drinking, smoking, wandering into the neighborhood or private property - thus introducing strangers, vehicles, less favorable social behaviors, and liability into an otherwise stable safe neighborhood which is currently great for families and kids - which is why most people bought or built here in the first place - just ask them (but you didn't really, I suspect because you didn't want to hear the answers). Zoning and intended use is designed to protect property, persons, and neighborhoods - - but in this case, some of that apparently needs to be circumvented. Now why is that? Do the needs of Artworks Eagan outweigh the needs and desires of my children for a safe place to live and play? The type of planned use and events is unarguably better handled by open or commercial space such as Eagan Market Fest - or light industrial areas - not in the middle of $500+ residences in an otherwise stable neighborhood - to which this proposed use will bring significant disruptions and liabilities. Could you then see your patio 20' from such a newly purposed facility, with people you don't know coming and going at all hours, designated smoking areas, concerts, food trucks (and trash), events with alcohol, venting kilns, poor traffic access control and capacity, and now dangerous traffic overflow around one way access and blind front corners for your kids or grand -kids? I suspect not. Members of Eagan City leadership have certainly been outspoken opponents of past proposed laudable projects when they felt their family's quality of life was going to be negatively impacted in ways they considered inappropriate - so why has this group of Kingswood residents been effectively denied opportunity to protect their quality of life and neighborhood? Yes - a few did receive short term, late notice within 350' of the project building (and not all of those residents did actually) - for a project that clearly had constructs moving since January 2017 or even before - residents then provided with scant or arguably misleading details on actual scope of intended use, with a purchase agreement already signed? Interesting. Is that how the people's work gets done? That's politics - not civil service. Parks and rec probably best fits the facility as was mentioned by some at the city when past inquiries have been made - especially since this is taxpayer funded already existing city property - we probably don't need a new P&R building. AWE can certainly better fit the their intended art center plan at one of the other two locations they are considering -- a kiln already existing at one of their projects - I am uncertain why another is necessary at all. Eagan has an art park -what are they doing pushing a square peg into a round hole at this "must have" location? Thereby dragging safety, health, property, welfare, liability, and resident policing baggage to be placed upon the those who live here? What if we have an emergency here - and needed vehicles cannot get in or out? Thanks - but no thanks. Some of us have been, and still are, in the public policy arena for nearly 20 years, both state and federal, and I have assisted both local and national members of congress with honestly and integrity - this scenario again disappoints honest citizens - it doesn't foster transparency nor faith in local government institutions - and I say that as a federal employee and physician at one of the top VA's in the country where I have to live that mantra of service and honesty every day. When I go home - usually late because there is too much to get done - I'll watch my 2 youngest girls in my front yard jumping in a plastic pool, riding their scooters and bikes along our small private road - and play catch with my older son - all without undue concern for: who is in my neighborhood, and what are their intentions significantly increased traffic and cars turning onto my private road and driveway to turn around ad-nauseum (disrupting my privacy and threatening the safety of my kids where ever they are in the neighborhood), the smell of smoke from designated smoking areas, 2 the risk of toxins from kilns just up the street, the noise of manufacturing best suited to an industrial area, potentially at all hours the stress of unwanted noise, traffic, and crowds from events very close to our home which may include visitors drinking alcohol, my need to potentially police the behavior of persons at this facility Please think about that tonight. We will. Respectfully, Ronnell A Hansen, MD, FACR President Minnesota Radiological Society Past President Twin Cities Medical Society MDH Advisory Committee member for X-ray Use State of MN Staff Physician MPLS VA Medical Center Elisa Hansen, DO Chief, Anesthesia Shriners Hospital for Children Elena Tanaka, LPN Full-time house manager 1414 East Pond Road Eagan, MN 55122-2879 612-239-7444 ronnellhmd@gmail.com Elisa Hansen - 39 Elena Tanaka - 41 Logan Hansen - 6 Aya Hansen - 4 Astrid Hansen - 2 3 Mike Ridley From: rbedel@comcast.net Sent: Thursday, June 22, 2017 1:03 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Subject: Opposition to Artworks on Pilot Knob Road Dear Mr. Mayor, City Council Member and Planning Commission Members, We are writing to express our concern with issuing a permit to Artworks at 3795 Pilot Knob Road. We are in complete disagreement with this plan. From the information shared with us, we are concerned for our friends in the neighborhood. Toxic fumes are first and foremost on our list. Noise levels, parking problems and strangers in a family neighborhood are also of concern. This is no place for Artworks to be. I am sure Artworrks can find a more appropriate place to make their home. Please, please, do not issue them a permit! As we understand, there are already a concerning number of accidents on that intersection. It is dangerous and you will be making it even more dangerous for the people who live there to cross their street. It just doesn't make good common sense. Please help our friends and neighbors! Randy and Tom Edelstein 911 Wild Rose Court 1 Mike Ridley From: Heather and David Steffen <hls2882@hotmail.com> Sent: Friday, June 23, 2017 6:49 AM To: APC Subject: Say no to the AWE Conditional use permit To the Members of the Advisory Planning Commission of Eagan, I'm Heather Steffen of 1452 Kingswood Ponds Rd. We only recently heard about the property deal the City of Eagan is working on to sell the old firehouse on Pilot Knob and Kingswood Ponds, despite the deal having been in the work for months. We only heard about it from concerned neighbors, and have yet to hear an official communication directly from the city Part of the reason we moved to this neighborhood is the privacy and the fact there's only one way in and one way out, and for the safety that allows. That's why we chose a house in the neighborhood -- you know everyone who's coming and going. I don't appreciate the idea of strangers coming in and out of the neighborhood at any time of night. We're still a little on edge after the arson at the old town hall a few years ago People already sometimes come through the neighborhood too fast. The last thing we need is adding more cars racing around the blind corner by our house, as people try to find another exit from the neighborhood when the Pilot Knob light is backing up traffic so that I have to worry even more about my four year old son and my dogs. I'm also worried about the disposal of the heavy metal materials and toxic fumes from the pottery glazes. Are they going to run down the water into our pond and pollute our beautiful nature area, or end up in our drinking water from improper disposal? The noise and the parking that will be produced by events at that property are not the kinds of things that anyone wants in a residential neighborhood. A facility like that does not belong in a residential neighborhood. Period. And their conditional use permit should be rejected. Thank you for your time, Heather Steffen 1 Mike Ridley From: Eileen Wilkin <eileen@wilkinusa.com> Sent: Thursday, June 22, 2017 10:53 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Subject: Conditional Use Permit for Eagan Art Works Dear Mayor MacGuire, Eagan City Council members, and Planning Commission Members: It has come to our attention that the City of Eagan has entered into a Purchase Agreement with Art Works Eagan, a group that will occupy the former Fire Administration Building at Pilot Knob Rd. and Kingswood Ponds Rd. The scope of this group's plans has only recently become more clear, and I am greatly concerned. With the building being literally in our backyard (I'm looking straight at it as I type this in my kitchen), I am concerned for the safety of my children, and for our own privacy, with our yard backing up to a building that will be open 24/7; will have public, outdoor events which will include alcohol; and will mean numerous cars parked along our residential street since the parking at the building is woefully inadequate. With their plans for outdoor concerts and craft fairs, along with loud electric tools, it is likely they will reach noise levels that are illegal for we residents and degrade the quality of life for our neighborhood. It will mean crowds of people milling around at our backyard and parking along our street — a safety issue for our children and for those of us driving in and out of our own neighborhood. I fear we will often not even feel comfortable using our own backyard and deck, or opening our blinds. I am also concerned about the plan to have three or four kilns for use in the building (or outside?), which will pose serious risks in the form of toxic fumes (asbestos, lead, mercury, arsenic, to name a few) that are part of working with clay, and glazing and coloring; and the many risks that come from the use of kilns (such as fires, toxic gases, and fumes). I don't believe that you would have entered into this purchase agreement if you had done even a small amount of research on these dangers. The people using the building will wear masks as needed, I suppose, and then go back to their homes far away. But we residents of the neighborhood can't be expected to wear masks every time a kiln is in use and the fumes are being vented out of the building. The goals of Art Works Eagan are laudable, but the location at the former Fire Administration Bldg. (3795 Pilot Knob Road) is completely unsuitable. I am shocked that it has made it this far. I request immediate action on your part. As a taxpaying citizen of Eagan, and a resident of the Kingswood Ponds Road neighborhood, I request that you deny the Conditional Use Permit for AWE. Sincerely, Eileen Wilkin Mitre Ridley From: judy.rogosheske@gmail.com Sent: Thursday, June 22, 2017 10:36 PM To: APC Subject: Art Works I am a resident off of Kings Wood Pond Road and clearly want to state my concerns about Art Works at 3795 Pilot Knob. My name is Judy Rogosheske, 1479 West Pond Road. I am astounded that as a nearby resident I was not notified about the pending sale. All residents of this neighborhood will be negatively affected! Our property values are at risk. Apparently no thought was given by you and the city of Eagan to the impact or rights of its current residents. It is a one access neighborhood that has enjoyed limited traffic and no crime. We don't want crowds of non residents who don't have an Investment in our neighborhood. The noise, traffic, and parking issues of a 24/7 365 days a year facility is simply not appropriate in a family friendly residential area. We already contend with freeway noise and at times unrelenting airport noise. Now you want to add additional disruption to our lives. Parking for events will be a nightmare and safety issue. There has to be a more appropriate site available! Our family and many neighbors will be present at the public hearing. Sent from my iPad 1 Mr. Mayor, Council Members and Planning Commission, I am writing to express my opposition to the conditional use permit for Artworks of Eagan. I have Lived in my current home on 1432 Kingswood Ponds Road in Eagan for the past 17+ years. My wife and I built our home and have two sons ages 15 and 17 years old. Although, I did not grow up in Eagan I have spent a lot of time in Eagan prior to moving to my current home. My grandparents, great grandparents and great great grandparents were all residents of Eagan dating back to the 1800s. I have had a front row seat to observe Eagan transforming from a farm town to a metropolitan suburb. With the transformation come growing pains. Often these pains bring charged opinions. As our elected public leaders, we as a community count on you to provide solutions that are in the best interest of the residents/homeowners. It is for this reason that I ask for your support in finding another location for the Artworks group. 1. Traffic. The current parking lot associated with the city building located at 3795 Pilot Knob Road does not have adequate parking for the frequent planned events to be held. We can offer solutions for alternative parking for those events, but it will not eliminate people parking on our residential street. This turns our street into a single lane road with vehicles parked on both sides of the street. 2. Noise/Exhaust. The kilns are much more designed for an industrial area. If this were a business, the kiln would be enough to prevent the conditional use permit in a residential area. The plans for performances etc. are not suitable for a residential neighborhood. 3. Undervalued Building. Even if you live on the opposite side of Eagan and this decision has no immediate impact on your lives there is a fiduciary responsibility. The property is being so undervalued it is alarming. The facility was designed as city offices. It should remain an extension of the city. Please consider the 46 families that have chosen Kingswood Ponds as their home. Not only their home but, an investment in themselves and the City of Eagan. Supporting the arts is a great cause, but this is not the proper location for such a facility. Thank you for taking time to consider my opinion. Christopher Diffley 1432 Kingswood Ponds Road Eagan MN 55122 612-867-8740 June 21, 2017 To Whom It May Concern: I have lived at 1435 Kingswood Ponds Road for 18 years now and this letter is to inform you of my opposition to the former Fire Administration Building at the entrance to my neighborhood being purchased by Artworks. 1 am all for art in our city, but the more I hear about this purchase, the more concerns I have about all the problems that may arise and the effects it will have on my neighborhood. The building is located at the entrance to our neighborhood, which has only one way in or out. 1 am very concerned about the traffic this will create and the parking problem that is sure to occur. We purchased our home partially because it was on a dead-end street and there would not be a lot of traffic on our street. The facility evidently will be open 24 hours a day, which will add a noise concern along with the traffic and parking concerns. Our neighborhood is a quiet, peaceful neighborhood, with low crime. With outside people being able to come and go at any hour of the day and night, I fear that it will not stay that way. Please do not allow this to happen. I have also been informed that they will have kilns in the building, which create toxic fumes. We have small grandchildren that will be at our home often and I do not want to have to tell them that they can't play outside because of the smell and the dangerous fumes in the air. Also, I don't particularly want to have toxic fumes and bad smells in my neighborhood either. We are just learning of all these issues now, and believe that those of us that live in the neighborhood should have had a voice in this issue much sooner. This will affect how we live and in the future, probably lower the value of our homes. We should have been the first to be consulted on this proposed project. Again, please do not allow this to happen! This is not a good fit for our neighborhood! Thank you, Jolene Kotval 1435 Kingswood Ponds Road Eagan, MN 55122 June 21, 2017 Dear Mr. Mayor, Planning Commission and Council Members: I have just recently learned that the former Fire Administration Building in my neighborhood is proposed to be purchased by Artworks and used as a multi -media art facility that is open 24 hours a day. As a resident of this neighborhood for 18 years, I wish express my strong opposition to this purchase and the use of the building in this way. There are numerous reasons that I believe this is not a good fit for our neighborhood: First, the traffic on the street would be greatly increased causing concern for all of us that live here. There is only one way in and out of our street and I feel like this could double or triple the traffic on our streets. This is not something that anyone would want in their neighborhood. Second, the parking on our street would also be greatly increased. We have witnessed this before when there have been elections or events at that building, the parking can go all the way down the street almost to the pond. If this facility was open every day, 24 hours a day, I have to believe we would have much more street parking, leaving less parking for the actual residents of this neighborhood and doing more damage to the street! Third, our street is a quiet, peaceful street and I feel like the noise created from the artists working on metal and wood project, the increased traffic and just overall coming and going of people would not let us keep it that way. Fourth, I have been told there would be kilns in the building that can release toxic fumes when used. This is definitely a safety concern considering how close the building is to our homes, our children, and us. and Fifth, I believe the safety of the neighborhood would be compromised. We have a !ow crime rate in this neighborhood, but with the increased traffic of people who don't live here, the crime is bound to increase. Especially if this facility is open 24 hours a day, I have to believe that crime would increase! So in summary, please do not issue this Conditional Use Permit to Artworks. I believe the residents of the Kingswood neighborhood should have a say in what goes into our neighborhood and this is not the right fit! Thank you, Craig Kotval 1435 Kingswood Pond Road Eagan, MN 55122 Mike Ridley From: Steve Thielen <slthielen@yahoo.com> Sent: Wednesday, June 21, 2017 4:08 PM To: APC Subject: Sale and Conditional Use Permit of Fire Admin Building to Artworks Eagan Dear Eagan APC, This message to to express STRONG opposition to the proposed Conditional Use Permit for Artworks Eagan (AWE) enabling a move into the former Fire Administration Bldg. at 3795 Pilot Knob Road. It must be stated upfront that we have nothing against community art, we support the arts, however locating it here with AWE's intended plans for its use creates numerous and serious concerns for all residents of Kingswood Ponds. Parking — With only 50 spaces, it will be unavoidable that parking will flow into the neighborhood street during their "events", regardless of AWE's assurances. This has been inadequate for events in the past, such as election days when the building was used for voting. Overflow parking spilled into Kingswood Pond Rd on both sides and stretched for long distances far into the neighborhood. Even just a few cars parked at the neighborhood entrance will create a bottleneck and a one-way street. SAFETY ISSUE: Many neighborhood children play in the street and this creates a safety hazard with spillover parking and constriction of access. Events - Outside music events, concerts, performances, etc are not acceptable in this close proximity to residential homes. This was not disclosed at the meeting on June 14 to the residents. Leaving Events — Kingswood Pond Rd is not a through street. Routing attendees in and out of the parking lot will cause unacceptable backups into the neighborhood. Will also cause unnecessary traffic throughout the neighborhood. SAFETY ISSUE: Emergency/Public Safety vehicle access would be bottlenecked and slowed due to event parking overflowing into Kingswood Pond Rd. Time, even seconds, is of the essence in an emergency, especially a medical one. It is already limited to egress from the neighborhood currently. Parking on both sides of the street creates a ONE-WAY street that in a community that has just ONE OUTLET. This will especially be problematic during wintertime with snow piles already constricting the street. Also, the benefit of this neighborhood and reason why many residents bought homes here is that there is no through traffic and any City proposal to create a new through street is not acceptable. Dakota County Easement - The line of parking in the lot along Pilot Knob is in a County easement. If the County needs that space to expand Pilot Knob Rd or make a turn lane, parking space will be greatly reduced for Artworks Eagan and create more issues with overflow parking. 24x7x365 access — The building will be unstaffed for much of a 24-hour period, leaving SAFETY and security concerns to the residents. Regardless of assurances from the purchaser otherwise, safety/security is not guaranteed. Noise Control\Noise Pollution — There is no intention to equip the building with materials to dampen sound and create a quieter outside environment. This holds true for art made with machinery (Saws, grinders, chainsaws, etc.) as well as musicians 24/7. Serving Food - Concerns of smelly garbage dumpster area just feet from the neighborhood property line. Kiln - Concern of hazardous fumes into the neighborhood from Kiln whether electric or gas. PUBLIC SAFETY ISSUE: Hazardous fumes ejected just several feet from homes. Has there been an environmental impact assessment for this use? Reference Princeton University study on fumes from Kilns: https://ehs.princeton.edu/health-safety-the-campus-community/art-theater- safety/art-safety/ceramics Safety Concerns are numerous a) Neighborhood traffic increase — unsafe for residents, especially children 1 b) Speed and ease of access for public safety/emergency vehicles c) Unknowns of outside visitors along with 24/7 access - could lead to unsafe conditions in the immediate area at any time of the night d) Toxicity of Kiln emissions — There are many toxic gases emitted when using a kiln. AWE stated there is no issue with toxic fumes from kiln emissions at the neighborhood meeting, which is not true. Chlorine, fluorine, sulfur dioxide, nitrogen dioxide, and ozone are highly toxic. This is unacceptable. Communication from the City: This sale affects EVERYONE on Kingswood Pond Rd, not just those within "350 Feet". Residents outside of this "350 Feet" area were not mailed any notice from the City and the neighbors had to inform them as best as they could. Many residents within 350 feet stated they did not get any notice. All residents need to be informed by the City. This sale was in process several months ago without any communication with the neighborhood to identify issues ahead of time. Additional use of public safety resources in the neighborhood will be required. Financial Impact - This building was built in 1999 at a taxpayer expense of $1,844,000. a) Why is the building being sold for just $500,000 when the city was offered $1,100,000 in 2013? b) Will there be property taxes collected by the city from new ownership? We are told no. c) Property is currently valued at $1,170,600 according to Dakota County. Why is there no transparency on the sale of this building as other buyers would consider paying more than $500,000? d) Why is this building not being used for City use such as Parks and Recreation? e) Why would the City spend so much on new City buildings when this one is available for renovation at a fraction of the cost for City use? Lack of Open Communication - Why has there not been more transparency from the City to the Kingswood Pond residents before the City entered into a purchase agreement with Artworks Eagan? Eagan residential concerns should supersede all other organization's interests. This quiet neighborhood provides a substantial tax base for Eagan, consumes minimal to no public safety resources from the city, but is treated as an afterthought like this by the City. Very disappointing. Due Diligence by City officials - How is this even a remotely appropriate use of the building right next to a residential neighborhood considering all these issues? a) ArtWorks Eagan's needs are more suitable for an Industrial/business type zoned area, not in a location only feet away from residential homes. Due to traffic/parking congestion, the building's location is not suitable for any ownership that runs "events". The conditional use document to the city from AWE shows plans for outdoor events such as concerts and outdoor theater performances. Unacceptable to this community. There will likely be complaints from homeowners when these disruptive events occur. Why would the city want this? Everyone in city government should consider if they were a home owner living right next to this building. I'm certain there would be a different perspective on this if it was their own family living there. Bottomline is this should not be approved on the grounds of: Health: Kiln toxic/hazardous exhaust is a health matter to our neighborhood. Kiln operations cannot be allowed...period. Safety: Events. Overflow event parking into our street constricting and slowing access creating a bottlenecked, one-way street in and out of the only neighborhood access point for emergency vehicles (especially when snow already constricts the street), unacceptable. Neighborhood children playing in a congested street. 2 Welfare: 24/7 late-night access/use in an unstaffed building at this close proximity to citizens' homes. ("Welfare" defined by Oxford Dictionary as ''The health, happiness, and fortunes of a person or group"). This will not create community harmony here. The citizens of this neighborhood are energized about this. There are other appropriate Eagan locations for the activities for AWE. I am a veteran and I did not serve this great country for over 20+ years to witness homeowner's rights so disregarded by our elected and appointed officials in this matter. That's extremely disappointing. Please support your residents of Kingswood Ponds, Eagan. The conditional use permit is not appropriate for this location, far too many issues. Thank you for your consideration and your continued service to our great city of Eagan. Respectfully, Steve Thielen Lieutenant Colonel, US Army (retired) Resident, Kingswood Ponds Rd NOTICE: Information contained in this e-mail transmission is privileged and confidential. If you are not the intended recipient or designated representative of the recipient, do not read, distribute, or reproduce this message. If you have received this e-mail transmission in error, please notify immediately of the error by return email and delete the message from your system. 3 Mike Ridley From: Melinda Boodoo <melboodoo@msn.com> Sent: Wednesday, June 21, 2017 3:38 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Subject: Opposition to Artworks conditional use permit - Old fire admin. building 3795 Pilot Knob Road Dear Mayor, Council Members and Planning Commission, I am writing in opposition of Artworks taking possession of 3795 Pilot Knob Road. My address is 1411 Kingswood Ponds Road and located directly behind the building in question. My home is approximately 20-30 feet from the building. My family moved to the neighborhood in November 2016. We were drawn to this area because, it is a safe, quiet and possessed our dream home. I am very afraid and sickened that we may loose all these positive aspects. Here are a my concerns. 1. The noise. My home being 20- 30 feet away from the building I am positive I will hear the metal and wood saws in every room of my home all hours of the night. ( 24/7 facility) Also, the events and music that will be taking place will be disruptive as well. Since the type of music is not censored I am concerned the small children could be subject to undesirable content. 2. The parking. Considering I am in the 1st house on the right I am upset that there will be cars in front of my home and flooding our street. 3. The safety. With people I don't know walking up and down our street (parking) all hours of the day and night, I am very concerned for my children and all the other children in the neighborhood. Especially, if the occupants have been drinking alcohol. 4. The Toxic Fumes. There will be toxic emissions from the Kiln coming into my back yard where we grill, eat and hang out. THIS IS VERY DANGEROUS TO MYSELF AND MY CHILDREN. (there were studies done) Don't let this decision harm our families. Please consider different tenants for this building and a better fit for this great neighborhood. Artwork should be located away from a residential area. We need someone to stand up for us. Thank you, Melinda Boodoo 1411 kingswood Ponds Road. 651-338-6975 1 Mike Ridley From: Sean Boodoo <smsboodoo@hotmail.com> Sent: Wednesday, June 21, 2017 4:46 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Subject: I'm Opposed to Artworks Eagan Conditional Use Permit for 3795 Pilot Knob Rd Hello Mayor, Council Member and Advisory Planning Commission, I recently moved my family into the very beautiful neighborhood of Kingwood Pond Rd. Our home is wonderful and we absolutely love it. Unfortunately, approximately two weeks ago, we were made aware of a "joint" project between the city and Artworks Eagan. I actually attended the informational meeting, where can genuinely tell you, was not very informational at all. In fact, the items I will be listing below as to why I oppose the approval of their conditional use permit, are based on legwork and research I did on my own and along with my neighbors. I won't get too deep into my discontent for the way this sale has transpired, but please know that I will want to understand how it got this far, and the purchase agreement actually had amendments to it, and me and my neighbors only found out about this transaction approximately two weeks ago. I hope you will schedule a meeting with me and my neighbors, to brief us fully on this concern. Perhaps, I'm just not aware of the full process or how the Eagan government works. Please accept this email as my official notice of opposition to the conditional use permit for Artworks Eagan for the use of the former Fire Adminstration building, located at 3795 Pilot Knob Rd for the following main reasons. Numerous safety concerns: 1. Toxic emissions from the proposed Kiln. My Deck is literally —20 feet from that building and more specifically, the garage where they plan to build the kiln. The toxic emissions will affect my family and they health. 2. Traffic congestion due to events and limited parking. Sure ly during events, attendees will overflow park into our neighborhood, causing safety concerns for my family and younger child. The neighborhood already has limited access and the block it with parking will pose safety threats, especially if an emergency arises. 3. Temporary Liquor and food service at events and the proposed cafe is another safety concern for us. Having a bar like atmosphere that close to a neighborhood, again leaves our children at risk. If I intended to live in Minneapolis or St Paul, where this type of use would be more acceptable, I would have done that and not moved into this neighborhood with 500k homes. 4. 24x7 access to this building is clearly going to attract clientele that may take advantage of the opportunity and use it for living space. In addition, the ability for people to be working with machinery in the metal works and wood works areas, will surely cause excessive noise pollution at all hours of the night, when my family is resting. Let it be known, that this is a small fraction of the issues I envision if you pass this conditional use permit. It is unfair for any of you, to think that my family would not be affected or that we are okay with policing this organization and their policies in this location. They clearly need a location that is zoned for light industrial, 1 considering the metal and wood fabrication that will be taking place. In a Tight industrial zone, noise restrictions are likely less stringent. I strongly ask that you deny this application, and help Artworks Eagan find a more suitable location for their operation, that will not have such a high magnitude of negative effect on the neighboring residents. Thank you and I look forward to hearing from you soon and building a strong relationship with the City of Eagan! Sean Boodoo 1411 Kingwood Pond Rd Thank You, Sean Boodoo Linked L 2 Mike Ridley From: Elisa H <ehansendo@gmail.com> Sent: Wednesday, June 21, 2017 4:58 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Subject: Opposition Conditional Use Permit 3795 Pilot Knob Rd To the Mayor, Council Members, and Planning Commission of the City of Eagan: I am writing to oppose the proposed conditional use permit for Art Works Eagan (AWE) to occupy the former Fire Administration Building at 3795 Pilot Knob Road. I do support the arts, but feel strongly that AWE should find a location better suited to the proposed use. I am most concerned about safety and traffic. I have three small children who are outside nearly every day playing in our driveway at the end of our small private road just off the entrance of Kingswood Pond. Even on a dead end, we have people using our driveway regularly for a turnaround. Kingswood Pond additionally has a blind comer when people turn on from Pilot Knob. No sidewalk means it is already quite dangerous walking up the street with our current level of traffic. Additionally, the intersection of Pilot Knob and Kingswood Pond is dangerous, and the only way out of our neighborhood. I can recall at least three motor vehicle accidents in recent years, two of which, being a physician, I ran up to try to help. I have zero interest in having traffic increased by potentially large events at the building. I also have zero interest in having a building with 24/7 access to people who rent the space. I do not see any accountability for conduct or guidelines for use of building, e.g. noise level, smoking or other substance use, parking, etc. Just because they claim no smoking will be permitted on the property doesn't mean it will be enforced. In the case of events, there is insufficient parking in the lot. Just because they tell patrons to use the lot up at City Hall, doesn't mean they aren't going to be up and down my street, which is a private road. If the space is cheap to rent, what is going to prevent people from essentially living in their rented studio space? We have already had a fire in the old Town Hall building across the street. I am also concerned about toxic fumes from the kiln, particularly on behalf of my neighbor who just moved in this past year and will have the possibility of increased carbon monoxide, sulfur dioxide, and lead vented near his home. I believe it is your job to protect the residents of this city, and I find this very disappointing. As for seemingly being so community focused, AWE has done very little in trying to involve the neighborhood or even inform us. We depend on your decisions to keep our neighborhood safe. Thank you, Elisa Hansen, D.O. Medical Director of Anesthesia for Shriners Hospitals for Children, Twin Cities i Mike Ridley From: Susan Russomanno <srussomanno@vischool.org> Sent: Wednesday, June 21, 2017 7:47 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Cc: smsBoodoo@hotmail.com; Patty and Rick Kleven Subject: deeply concerned June 20, 2017 Dear Mayor McGuire, David Osberg, City Council Members and the Eagan Advisory Planning Commission, I am writing to you out of concern regarding the City of Eagan's recent purchase agreement with Art Works Eagan for the acquisition of the former Fire Administration Building located at 3795 Pilot Knob Road. It is my perception that the meeting, which I will attend, on June 27, 2017 is scheduled to consider the Conditional Use Permit application that has been submitted by Art Works Eagan. What this says to me is that the decision has already been made to sell the building to Art Works Eagan, and this meeting is about something that only further disrupts our neighborhood in several ways. I am frustrated, angered and confused. How can the sale of this building be done without any consultation with our neighborhood community? This question may be quite rhetorical as I am aware that decisions are made quite often without consulting people that are affected most. However, 1 am shocked that this would happen with our community in such a way. I have been a resident at 1423 Kingswood Pond for almost 20 years, and was not given notice about this sale until after it had occurred. It is my understanding that the Advisory Planning Commission (APC) is made up of Eagan residents appointed by the City Council who are supposed to represent citizens in the affected community. My vote counts when it comes to electing our Mayor, as well as other people in political positions, whom I also trust will consider the well-being of all involved in decisions such as these, yet I was not given notice, a vote, or an invitation to share my concerns BEFORE this purchase was made. My children were born and raised in this neighborhood, and I have made decisions for several years to make sure that their safety has always been secured to the best of my ability while living here. Yet, this decision which directly affects my family, and our greater neighborhood, was made without allowing me to offer my concerns regarding my children's continued safety or the well-being of all those who live beside me. I know that Mayor McGuire has a son and other members of the APC also have children; I would hope that all involved in this decision would be able to understand the depth of the concerns that the families in Kingwood Pond maintain during this critical situation. I say critical, because allowing Art Works Eagan to have use of the former Fire Administration Building involves many risks for all living in our neighborhood: • Renting space to people who will use the building with 24-7 access without 24-7 staffing power allows for unsupervised activity that can lead to risks for our families' physical safety. • 50 parking spaces adjacent to the building without designated space for overflow parking will create risks to those living within 500 feet of more of the building — families with small children who play in the yard and try to provide a safe place every day for their children. • Allowing the building of a kiln inside the garage with a vented exhaust that will direct contaminants into the neighborhood and directly affect the physical safety of all who live here. • Possible Temporary Liquor Permits for those who use the building 24-7, yet the building will not be staffed 24-7; those who use the building will be able to consume alcohol and wander the premises and adjacent properties, unsupervised which is a danger to them and to our community. These concerns, which I have listed above, are only a few that are obvious hazards to the surrounding community; there will be more that we do not yet recognize. As a member of this community I am deeply concerned, and again I am deeply baffled as to how a decision like this could be made without proactive, considerate consultation with those — all of us in our neighborhood - who are most affected. I want to know and understand who made this decision and who was considered when making it, because it was not our families, our children, our safety or our voices that were considered — and that is a shame. Sincerely, Susan Russomanno Kelly Jordan Dorothy Lessman Michael Russomanno Amanda Russomanno Ethan Jordan Reese Jordan Keaton Jordan 1423 Kingswood Pond Rd Eagan, MN 55122 srussomanno@vischool.org 651-336-9556 2 Mike Ridley From: Mara Davenport <mrdavenport3@gmail.com> Sent: Wednesday, June 21, 2017 8:36 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Subject: 3795 Pilot Knob Road Concerns Dear Mayor, Council Members and Planning Commission: We are writing to express our strong opposition to the proposed Conditional Use Permit for Artworks enabling a move into the former Fire Administration Bldg. at 3795 Pilot Knob Road. We have nothing against an arts facility, however locating it here creates numerous and serious concerns for us as residents of Kingswood Ponds. We have lived in the Kingswood Ponds neighborhood for 15 years, and are frankly stunned that an operation of this nature, with so many issues, has gotten this far. We only very recently became aware of the seriousness of the problems we will list below. This building sits nestled into the neighborhood, nearly touching one house and extremely close to others. The neighborhood only has one entrance in and out (Kingswood Ponds Road), with a dangerous four way stop. There's very little room here. No buffer room. This itself is a problem and all the specific concerns (listed below) are thus magnified. This location was intended for an office type facility for good reason. This project will change the character of the entire neighborhood — it can't help but spill all the way down into our homes, families and lives. While we are still learning more, our current specific concerns include: 1. Noise. It is our understanding that there will be metal and wood work. In addition, there are plans for performance art, celebration events, etc. And it's a 24 hour facility! 2. Toxicity. Kilns can't help but present a problem with toxic fumes. They can't avoid us as they have to go somewhere. 3. Traffic. There's nowhere to go but down Kingswood Ponds Rd, which is a small, residential street. Cars coming for events will stack up. No solid or blinking traffic turn arrow to control traffic; today traffic light is not long enough for three cars to exit. 4. Parking. There's not sufficient parking for what's contemplated. It will fill our streets and be on top of our houses. We saw this at election time, but that was at most once a year, and limited. We wouldn't have parking for our guests, in addition to having filled streets. 5. Safety. This is a major concern! With individuals coming and going, night and day, we could see anything happen. We can't imagine what large events would bring to this little space — but 24 hours a day, seriously? We can't police this ourselves and there will be no one to do it for us. We 1 cannot be expected to report in things, many of which we'd never see. This is a neighborhood of children and currently one of the safest. It's why many chose to live here. 6. Liquor license. We understand that may be part of the events — we can't imagine that, with our streets filled with non-residents. 7. Heavy snow days and limited room to exit neighborhood or unattended cars blocking snow plows from removing snow. 8. Blocked driveways, garbage pickup days and mailboxes of residents. 9. Exiting concerns from the building exit closes to Pilot Knob road and potential accidents of individuals turning off Pilot Knob road. We see this today; although sign to exit say "DO NOT EXIT." 10. Overflow parking should not be in the residential area, but clearly stated to building owners and attendees to park at nearby city lots. We and other neighbors can provide additional details on these on other serious concerns. A community project, subsidized by taxpayers should not unduly harm as healthy, existing community This project is apparently done in part at the expense of us, the taxpayers. The price of the property is very low, and it apparently will not support our community with property taxes. We would think a project of this nature should not dramatically disrupt a wonderful community like Kingswood Ponds. It clearly will. In fact, until very recently, none of who live here truly understood the nature of what is planned. We are not only concerned about the impact of this project, but that we've been left out of any discussion or consideration until now. Only a few got notice of (only recent) informational hearings, and this is very far down the road. Artworks clearly had no intention of including us on anything. Therefore, we need your help and support, as we feel our daily lives (not to mention property values) will be irreparably affected. There are other safe and appropriate locations for Artworks. Thank you. Eric and Mara Davenport 1464 Kingswood Ponds Rd Eagan, MN 55122 2 Mike Ridley From: Samantha Boodoo <samluvsny19@hotmail.com> Sent: Wednesday, June 21, 2017 4:14 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Cc: Sean Boodoo Subject: Opposition to conditional use permit for Artworks- 3795 Pilot Knob Road Dear Mayor, Council Member and Planning Commission: I am writing to express my concerns regarding Artworks taking possession of 3795 Pilot Knob Road. My home is positioned right behind this building. I will be starting my 3rd year at St. Thomas University in the fall. I still live at home most of the time and this issue has raised some concerns for me. Here are my concerns. 1. Noise levels. With the saws and events it will be very loud and since Artworks will be open 24 hours a day I am concerned I will not be able to sleep. 2. Toxic fumes. Artworks has kilns that emit toxins into the air. I am worried that when I'm outside the fumes will harm me. 3. Traffic and parking. Since there will not be enough parking for events in the Parking lot, I am unhappy that people and cars will be up and down the street in my neighborhood. 4. Safety. With people coming and going up and down the road, I will be scared people will be on my lawn and possibly intoxicated from drinking events and concerts. Please help us keep our home safe and our neighborhood quiet. Please stand up for us and deny Artworks possession of this building. There are many other businesses that would work great in this space that would not harm us. Thank you, Samantha Boodoo 1 Mike Ridley From: John Wilkin <johnwilkin24@gmail.com> Sent: Wednesday, June 21, 2017 4:12 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Subject: Concerns about Artworks at 3795 Pilot Knob Rd Dear City of Eagan, I am concerned about and opposed to about the conditional use permit for Artworks at 3795 Pilot Knob Rd. I have lived at 1415 Kingswood Ponds Rd for 16+ years, which is directly behind 3795 Pilot Knob. If Artworks receives this permit to use the property, there will doubtlessly be lots of bothersome noise in our neighborhood. There will be safety concerns with the building being open 24/7 and people parking in our neighborhood for events. My room on the ground floor of our house faces the building, and noise and fumes coming from it especially late at night would be very frustrating and irritating. This location is not a suitable place whatsoever for Artworks. Thank you for your time John John P. Wilkin Iowa State University Finance j Political Science CFA MN Intern Sigma Chi Fraternity (651) 604-7111 1 Mike Ridley From: Amanda Thielen <thielena@yahoo.com> Sent: Friday, June 23, 2017 9:18 AM To: Mike Maguire; Paul Bakken; Gary Hansen; City Council; Dave Osberg; APC; Cyndee Fields; Meg Tilley Subject: Conditional Use Permit: Former Fire Admin Building Dear Mayor Maguire, Eagan City Council Members and Planning Commission: This message is to express opposition to the proposed Conditional Use Permit for Artworks Eagan enabling a move into the former Fire Administration Building at 3795 Pilot Knob Road for inappropriate use for a building at this location. We only very recently became aware of these obvious issues to the residents of this community with little notice of the intended purposes. SAFETY: Events. Traffic congestion at the intersection and entrance to the neighborhood's ONLY ACCESS POINT is a hazard and will severely restrict our ability to get in and out of our neighborhood. The intersection is already very heavily used and dangerous. The light is long and there is no left turn signal. There is inadequate parking at this site for outdoor events. People will not cross a busy street to park at the civic center. The overflow event parking will go onto our street, added traffic constricting, slowing access creating a severe congestion and not allowing us easy access out of our one way access street. This is a one-way street in and out of the only neighborhood access point for emergency vehicles (especially when snow already constricts the street) is unacceptable. Neighborhood children playing in a congested street. Individuals coming and going, night and day, wandering through our neighborhood, parking in the neighborhood. Since there is no through street, it will be difficult for people to turn out to get out of the neighborhood. We just cannot imagine what large events would bring to this little space nearly every summer weekend. The residents can't manage this ourselves and there will be no one to do it for us. NOISE POLLUTION — Industrial art made with machinery (Saws, grinders, chainsaws, etc.) as well as musician rehearsals allowed 24/7. There is absolutely no buffer zone to manage sounds of machinery or loud music. Other places that host outdoor events have a larger buffer zone and better parking and outdoor space options that would not drastically affect the residents of the neighborhood. HEALTH: Kiln toxic/hazardous exhaust is a health matter to our neighborhood. Kiln operations cannot be allowed. WELFARE/SAFETY: 24/7 late-night access/use in an unstaffed building at this close proximity to citizens' homes. 24/7 Access — The building will be unstaffed for much of a 24-hour period, leaving SAFETY and security concerns to the residents. Regardless of assurances from the purchaser otherwise, safety/security is not guaranteed. Our neighbors are within feet of this building. Would you accept this if it were your family living in those affected homes? Please try to place yourself in the shoes of these families and how it will affect the families of this neighborhood. This is not an appropriate location with these activities requested. We ask you to help stand up for your residents of Eagan with our wishes for a quiet, safe neighborhood. Thank you for your consideration. Regards, Amanda Thielen Resident Kingswood Ponds Rd, Eagan NOTICE: Information contained in this e-mail transmission is privileged and confidential. If you are not the intended recipient or designated representative of the recipient, do not read, distribute, or reproduce this message. If you have received this e-mail transmission in error, please notify immediately of the error by return email and delete the message from your system. Mike Ridley From: Tim Wilkin <tim@wilkinusa.com> Sent: Thursday, June 22, 2017 11:29 AM To: Mike Maguire; Cyndee Fields; Meg Tilley; Dave Osberg; APC; Paul Bakken; City Council; Gary Hansen Subject: Conditional Use Permit for Art Works Eagan Attachments: Princeton University Office of Environmental Health & Safety Article on Kiln & Ceramics.pdf Dear, Mayor, Council Members and Advisory Planning Commission Members, am writing to request that you deny the Conditional Use Permit for Art Works Eagan at the site of the Old Fire Administration Building. This project represents a dramatic change to the character of our neighborhood that most residents chose because it is quiet and has little traffic other than those in the neighborhood. The EAW plan will introduce the property as a frequent outdoor events venue bringing unwelcome traffic, noise and crowds. Health & Environment Attached you will find an article from Princeton University's Office of Environmental Health & Safety regarding ceramics and kilns. While the CUP application from Art Works Eagan dismisses any health concerns, it is clear from this document that there are serious health issues with regard to a kiln and the making of ceramics in a residential neighborhood. AWE's application indicates that there will be 2-3 kilns and implies that some may even be outdoors. Either way, it is clear from the literature that the emissions are toxic. My next-door neighbor Sean Boodoo's property sits just 20 feet from the proposed kiln area, and our property is also close. Both of our homes and the others neighboring the property have young children who will be exposed to toxic fumes when the kilns are in use. This is a clear indication that the property use is industrial and should be located in an industrial area. Parking & Traffic The 50 parking spaces at the FAB are clearly inadequate for the use of the building. Our neighborhood has experienced this during elections (once every two years) when voters park well into the neighborhood. Election day parking is tolerated since it is infrequent and the neighbors feel it is a civic good. The expectation that AWE crowds will park at City Hall and walk across a dangerous intersection is unrealistic. Even if "neighborhood parking only" signs are posted, they will be ineffective and unenforceable. Alternatives such as "no parking" signs or "permit only" will significantly reduce the benefits of living in a private neighborhood and having ample parking for our own guests. Of even greater concern is the bottleneck that event parking will create on our street, which is used by walkers and kids on bikes since we have no trails or sidewalks. The street becomes one lane when cars are parked on both sides of the street. Our kids will no longer be able to safely navigate the neighborhood or even use our back yard unsupervised during events that could host hundreds of strangers. There must be a public safety evaluation of this aspect of the project due to the limited access and egress from the neighborhood and its impact on residents and EMS access. Industrial Space Needed It has been stated that the maker space will include wood working and metal working applications. They plan to use the basement and possibly the garage bays for this purpose. These uses create significant noise that will not be mitigated by the building materials, especially in the garage bays, which open just feet from the deck of the Boodoo household. It gives no comfort to the neighborhood that they may be limited to certain hours for this purpose. The fact is that while people are used to a neighbor's temporary home improvement project, they are not used to having this kind of daytime industrial noise on a daily basis. The maker space noise combined with the kiln toxic emissions point to the fact that this project needs to be located in an industrial area, not in a residential neighborhood with homes with children who are present 24 hours a day just feet away. There are clearly other locations that are more appropriate for such a project. I have not met anyone in our neighborhood who opposes having an art facility, it is just not appropriate in the middle of a quiet residential neighborhood. I respectfully request that you deny the conditional use permit being requested by AWE and pursue uses of the building that are more appropriate. Tim Wilkin 1415 Kingswood Ponds Rd Eagan, MN 55122 2 EAGAN FOUNDATION To the Members of the Eagan City Council: We are aware that Art Works Eagan wants to purchase the former Eagan Fire Administration Building at 3795 Pilot Knob Road in Eagan to serve as a hub for arts organization, working artists, community groups, and residents. We believe that the presence of AWE in that building will enhance the quality of life for residents of Eagan. As Eagan grows and evolves, so too will its nonprofit sector. While there may be "growing pains" associated with new nonprofits in new locations, we believe AWE's pursuit of a location that will enable it to be well -integrated with the community it serves is important. Therefore, the Board of Directors of the Eagan Foundation, Inc., supports AWE's request for the conditional use permit from the City of Eagan. FOR THE BOARD Jim Sinclair, Board Chair Hylden Advocacy & Law July 18, 2017 Eagan City Council info@hyldenlaw.com www.hyldenlaw.com Dear Mayor Maguire and Councilmembers Hansen, Fields, Bakken and Tilley: I represent the Kingswood Neighbors Coalition regarding the Conditional Use Permit (CUP) being considered for Art Works Eagan (AWE) use of the Eagan Fire Hall on Pilot Knob Road. The Kingswood Neighbors Coalition requests: (1) that you lay over the CUP decision for one meeting cycle in order to allow parties to continue what has already been a very productive dialogue about the needs and concerns of the Kingswood neighbors as well as the needs and concerns of AWE; and (2) provide an opportunity for one member of the Coalition to present their case to you at tonight's council meeting. Following the Advisory Planning Commission meeting on June 27, the Coalition met with AWE on July 6th at the Wescott Library where a number of issues were raised and explored. Both parties were tasked with bringing forward ideas for compromise around the proper conditions for use of the site so close to a neighborhood. The Coalition submitted to AWE the list of proposed conditions enumerated below last Friday, July 14. These suggested conditions are made in accordance with CITY CUP STANDARDS and the Eagan 2030 Guide Plan which contemplates, for this limited business zone a "fairly low intensity use, ... compatible close to residential if appropriate design and buffering." The CUP application submitted by AWE is extremely broad and reflects the potential for intense use of this property zoned as limited business. AWE has indicated that their CUP application followed advice to include as much activity as possible - a "kitchen sink" approach. The conditions below are requested to meet not only environmental and safety concerns, but to properly reflect AWE's intended use of the property. Kingswood Neighbors Coalition Proposed Conditions: 1. OUTDOOR EVENTS. Outdoor events are limited to once a month. No food trucks or alcohol. No on-site parking to ensure 100 -foot distance from neighbors required in ordinance is maintained. 2. INDOOR EVENTS. Indoor events with over 50 people limited to 10 a year. METRO OFFICE 1 FLOUR EXCHANGE BUILDING 1 311E 4th Avenue South, Suite 5010 • Minneapolis, MN 55415 • 612.206.3766 GREATER MINNESOTA OFFICE 1 3535 Oakridge Road • Alexandria, MN 56332 • 320.834.2453 1 info@hyldenlaw.com Hylden Advocacy & Law www.hyldenlaw.com 3. BUFFER. A wall or blocking fence no shorter than six feet high must be maintained on the property between the site and the neighboring houses to protect the privacy of families. 4. ON-SITE MANAGEMENT. A building manager must be hired to manage the building and site and to respond to complaints and concerns. Available for contact when building is in use. Garage bays cannot be open when building management is not on site. 5. PARKING. During events or other times where on-site lots could be filled, must arrange for offsite parking at Cascade Bay or other appropriate site and post "NO EVENT PARKING" signs on Kingswood Ponds Road during events. 6. NOISE. No discernable noises between 10 pm [weekends] and 8pm workday evenings and 7 am; sound testing to determine level of intrusion on neighborhood and abatement (or additional limits) done as needed to maintain quiet. 7. KILNS. If externally vented must be vented on side opposite neighboring homes and to the degree possible directed away from residences and must be tested yearly to assure no contamination of air in adjoining neighborhood. 8. TOXIC MATERIALS. Toxic or hazardous materials must be placed in appropriate containers and quickly and properly disposed of, as well as be beyond the reach of children. 9. WOODED AND UNDEVELOPED AREAS. There must be no further development of property including additions of storage or out buildings; trees and forested areas to be maintained in present state. 10. NO ADDITIONAL ACTIVITIES. It being recognized that this is a studio and gallery, AWE will not later seek a permit for uses beyond such including but not limited to retail sales of items not made on site, coffee shop or other food sales, rooftop viewing, etc. 11. NO SUBTENANTS. Artists must maintain a direct relationship to the building owner and have a vested interest in maintaining a long-term safe and community -friendly environment. METRO OFFICE 1 FLOUR EXCHANGE BUILDING 1 311E 4th Avenue South, Suite 5010 • Minneapolis, MN 55415 • 612,206.3766 GREATER MINNESOTA OFFICE 1 3535 Oakridge Road • Alexandria, MN 56332 • 320.834.2453 2 Hylden Advocacy & Law info@hyldenlaw.com www.hyldenlaw.com The initial response from AWE on the conditions above was that the proposal was "definitely a list we can work with." The Coalition has tried to schedule a meeting with AWE, but that has not been possible prior to this council meeting to continue a dialogue. Because this coalition includes those that were most vocally oppposed to this development, we are confident that continued efforts to meet will result in a positive resolution for all. Rushing to a decision today without letting these parties have additional time would be a missed opportunity to have this project start out on a very positive footing. Because the purchase agreement is in the due diligence phase for 30 days after July 14th, according to Mr. Osberg, there is ample time to refine and improve these suggestions to create comfort in how the site will be operated. And regardless, the parties to the purchase agreement can agree to extend this period to allow for this work to be done. Sincerely, /s/Nancy Hylden Nancy Hylden METRO OFFICE 1 FLOUR EXCHANGE BUILDING 1 311E 4th Avenue South, Suite 5010 • Minneapolis, MN 55415 • 612,206.3766 GREATER MINNESOTA OFFICE 1 3535 Oakridge Road • Alexandria, MN 56332 • 320.834.2453 3 Ceramics Office of Environmental Health and Safety EHS PRH C.fTON UNiVERSli'1 ENVIRONMENTAL HEALTH S FETY Ceramics • Lr,,, • GL:4.?e 3 • ,i1ns • 5. '. i_ 1....Pi:.Cessez • t. achina_Fin sh d _cgs am v vCfiC http s://ehs. pri nceto n. edu/heal th-safety-the-cam pus-community/art-theate... Ceramic art and pottery has a wide variety of hazards. The specific hazards and precautions can be divided into four areas: 1. working with clay 2. glazing and coloring 3. firing in a kiln 4. potential leaching of finished ware Clay Clays are minerals composed of hydrated aluminum silicates, often containing large amounts of crystalline silica. Other impurities may include organic matter or sulfur compounds. Sometimes, grog (ground firebrick), sand, talc, vermiculite, perlite, and small amounts of minerals such as barium carbonate and metal oxides, are added to modify clay properties. Clays can be worked by hand or on the potter's wheel, or cast in a clay slurry into molds. Clay is made by mixing dry day with water in clay mixer. Clay slip is made by adding talcs which themselves can be contaminated with fibrous asbestos or asbestos -like materials. Geographical sources of talcs are relevant, for example, New York State talcs are notoriously asbestos -contaminated, while Vermont talcs are not. Pfizer has some fiber -free talcs. Hazards 1. There have been known cases of silicosis, or "potter's rot, from chronic inhalation of large amounts of free silica during clay mixing. Symptoms of silicosis include: shortness of breath, dry cough, emphysema, and high susceptibility to lung infections such as tuberculosis. The disease may take years to develop. Silica dust exposure is not hazardous by skin contact or ingestion. 2. Chronic inhalation of kaolin is moderately hazardous, and can result in kaolinosis, a disease in which the Lungs become mechanically dogged. 3. Asbestos is extremely toxic by inhalation and possibly by ingestion. Asbestos inhalation may cause asbestosis, lung cancer, mesothetioma, stomach cancer, and intestinal cancer. 4. Sand, perlite, grog, and vermiculite contain free silica and are, therefore, highly toxic by inhalation. Vermiculite is also frequently contaminated with asbestos. 5. There is a danger of accidents if day or water can be added while the mixer is in Staff Program Manager 609-258-6256 1 of 7 6/21/17, 4:09 PM Ceramics Office of Environmental Health and Safety https://ehs.princeton.edu/health-safety-the-campus-community/art-theate... operation. 6. Bags of clay and glaze materials can be very heavy, and lifting can cause back problems. 7. Hypersensitivity pneumonia, asthma, or other respiratory problems may occur with exposure to molds growing in wet clay that is being soured or aged in a damp place, in slips that stand for months, or with inhalation of dry aged clay. Molds can cause or exacerbate skin problems and change the workability of clay. 8. Throwing on a potter's wheel for long periods of time can result in carpel tunnel syndrome because of the awkward position of the wrists. Pain, numbness and/or pins and needles in the thumb and first three fingers, are common symptoms. Back problems can occur from bending over the potters wheel for Long periods of time. 9. Hand contact with wet clay can result in abrasion and dryness of fingertips and hands. Moving parts of kickwheels can cause cuts and abrasions. 10. Clay scraps on the floor, bench and other surfaces can dry and pulverize, producing an inhalation hazard due to the presence of free silica. Similarly, reconditioning clay by pulverization and sanding finished green ware, can create very high concentrations of hazardous silica dust. Precautions 1. Use premixed clay to avoid exposure to large quantities of clay dust. 2. Clay storage and mixing should take place in a separate room. Bags of clay (and other pottery materials) should be stacked on palettes or grids off the floor for easier clean-up. 3. ALL clay mixers should be equipped with local exhaust ventilation to remove fine silica dust particles from the air. 4. Clay mixers should be equipped with proper machine guards so that they cannot be opened to add clay or water while the mixer blades are turning. 5. Wear separate work clothes while in the studio. Choose clothes of material and design that don't trap dust. Wash these clothes weekly, and separately from other laundry. 6. Avoid contact of clay with broken skin. Use a skin moisturizer. 7. To prevent back problems, always lift with knees bent. Also, use a standup wheel (Cranbrook style treadle wheel), or elevate electric wheels to a height that doesn't require bending over. Exercise and massage may relieve minor muscular pain. 8. Keep wrists in unflexed position as much as possible to prevent carpel tunnel syndrome. Take frequent work breaks. 9. Be careful of the moving parts on kickwheels. 10. Recondition clay by cutting still -wet clay into small pieces, letting them aft -dry, and soak in water. 11. Finish green ware while still wet or damp with a fine sponge instead of sanding when dry. Do not sand greenware containing fibrous talc. 12. Wet mop floors and work surfaces daiLy to minimize dust Levels and prevent dry scraps from becoming pulverized. Glazes Glazes used to color or finish clay pieces are a mixture of silica, fluxes and colorants. Common fluxes include lead, barium, lithium, calcium and sodium, and are used to lower the melting point of silica. The actual colorants, which are an assortment of metal oxides usually account for less than 5% of the glaze by weight. 2 of 7 6/21/17, 4:09 PM Ceramics 1 Office of Environmental Health and Safety https://ehs.princeton.edu/health-safety-the-campus-community/art-theate... Originally, soluble raw lead compounds including red lead, white lead, galena, and litharge were used as fluxes in low -fire glazes. In fact, over 400 cases of lead poisoning were reported in British potters in 1897. Lead frits and good housekeeping greatly lowered the number of potters that had been poisoned by these highly toxic Lead compounds. Frits are made of melted minerals and metal compounds that are sintered and ground into powder form. While lead frits are sometimes assumed to be insoluble and nontoxic, leaching tests with acids have shown that many frits are as soluble as raw lead compounds and, in fact, there have been cases of Lead poisoning from both inhalation or ingestion of these. High fire porcelain and stoneware techniques eliminate the need for Lead as a flux. Also, alkali earth or alkaline earth fluxes can be used for low -fire conditions instead of lead. Silica may also be removed from leadless type glazes. The substitution can be based on boric oxide as the glass -former, instead of silica. Alkali earth fluxes include sodium, potassium, and lithium oxides; alkaline earth fluxes include calcium, magnesium, barium, and strontium oxides. Minerals containing these fluxes include certain feldspars, nepheline syenite, petalite, bone and plant ashes, whiting, and dolomite. An assortment of metal oxides or other metal compounds produce particular colors when fired. These are added in such small amounts to the glaze, that they aren't usually a great hazard. Luster or metallic glazes are fired in a reduction atmosphere. These glazes can contain mercury, arsenic, highly toxic solvents such as aromatic and chlorinated hydrocarbons, and oils such as lavender oil. The common metals are often resinates of gold, platinum, silver, and copper. Some underglazes and overglazes use mineral spirits as the vehicle instead of water. Glaze components are weighed, sorted and mixed with water. These materials are often in fine powdered form, and result in high dust exposures. Glazes can be dipped, brushed, poured, or sprayed on the ceramic piece. Hazards 1. Lead compounds are highly toxic by inhalation or ingestion. Symptoms of Lead poisoning include: damage to the peripheral nervous system, brain, kidney, or gastrointestinal system, as well as anemia, chromosomal damage, birth defects and miscarriages. 2. Lead -glazed foodware can leach lead if not fired properly, or if the glaze composition is not correctly adjusted. For example, the addition of copper to Lead frits renders a higher solubility of lead in the final fired ware. Acidic drinks and foods such as tomato juice, citric juices, sodas, tea, or coffee, can increase this hazard. 3. A glaze label marked "lead -safe" means that the finished ware, if fired properly, will not release lead into food or drink. The actual glaze is still hazardous to handle and fire and may contain lead. Adequate control over firing conditions is very difficult in the craft studio. 4. Other fluxes such as barium and Lithium are also highly toxic by inhalation, but less so than Lead. 5. Certain colorant compounds of particular metals are known or probable human carcinogens, including: arsenic, beryllium, cadmium, chromium (VI), nickel, and uranium. 6. Antimony, barium, cobalt, lead, lithium, manganese, and vanadium colorant compounds are highly toxic by inhalation. 7. Antimony, arsenic, chromium, vanadium, and nickel compounds are moderately toxic by 3 of 7 6/21/17, 4:09 PM Ceramics Office of Environmental Health and Safety https://ehs.princeton.edu/health-safety-the-campus-community/art-theate... skin contact. 8. Free silica occur in many of the clays, plant ash, flint, quartz feldspars, talcs, etc. used in glazes. See the discussion above for the hazards of silica and the disease silicosis. Weighing and mixing glazes can result in the inhalation of these toxic materials. 9. Soda ash, potassium carbonate, alkaline feldspars, and fluorspar used in glazes are skin irritants. 10. Spray application of glazes is very hazardous because of the potential inhalation of glaze mists. 11. Dipping, pouring, and brushing certain glazes may cause skin irritation and accidental ingestion due to careless personal hygiene habits. 12. Glazes containing solvents are both flammable and hazardous. Precautions 1. Use Lead-free glazes. If the glaze does not state "lead-free" or "Leadless" on the label, assume it contains Lead until proven otherwise. 2. Lead glazes should only be used on non-foodware items. Design lead -glazed pieces so that they won't be used for food or drink. Lead -glazed pottery should be labeled as lead - containing. 3. If possible, dont use colorants that are known human carcinogens and avoid probable human carcinogens. There is no known safe level of exposure to carcinogens. 4. Consider wearing a respiratory when weighing and mixing powdered. Wet glazes are not an inhalation hazard. Good housekeeping procedures and cleanup of spills reduce the risk of inhalation or ingestion of toxic dusts. Wet mop spilled powders. 5. Gloves should be worn while handling wet or dry glazes. 6. Good dilution ventilation or local exhaust ventilation should be available when applying solvent -containing glazes. 7. Basic personal hygiene rules should be followed including restricting eating, drinking, or smoking in the studio, and wearing personal protective equipment such as gloves, and separate work clothes or coveralls. Wash hands after work. Leftover glazes and glaze scrapings can be homogenized, combined, tested, and used as a glaze. Kilns Electric kilns and fuel -fired kilns are used to heat the pottery to the desired firing temperature. The most common type are the electric kilns. Heating elements heat the kiln as electric current passes through the coils. The temperature rises until the kiln is shut off. Fuel -fired kilns are heated by burning gas (natural or propane), oil, wood, coke, charcoal or other materials. Propane gas or natural gas is used most often. These kilns can be either located indoors or outdoors. The fuels produce carbon monoxide and other combustion gases. Fuel -fired kilns are usually vented from the top through a chimney. Firing temperatures can vary from as low as 1382°F for raku and bisque wares, to as high as 2372 °F for stoneware, and 2642 °F for certain porcelains. The early stages of bisque firing involves the oxidization of organic clay matter to carbon monoxide and other combustion gases. Sulfur breaks down later producing highly irritating 4 of 7 6/21/17, 4:09 PM Ceramics Office of Environmental Health and Safety https://ehs.princeton.edu/health-safety-the-campus-community/art-theate... sulfur oxides. Also, nitrates and nitrogen -containing organic matter break down to nitrogen oxides. Galena, cornish stone, crude feldspars, Low grade fire clays, fluorspar, gypsum, Lepidolite and cryolite can release toxic gases and fumes during glaze firings. Carbonates, chlorides, and fluorides are broken down to releasing carbon dioxide, chlorine, and fluorine gases. At or above stoneware firing temperature, Lead, antimony, cadmium, selenium and precious metals vaporize and the metal fumes can either escape from the kiln, or settle inside the kiln or on ceramic ware in the kiln. Nitrogen oxides and ozone can be generated from oxygen and nitrogen in air. Hazards 1. Chlorine, fluorine, sulfur dioxide, nitrogen dioxide, and ozone are highly toxic by inhalation. Bisque firings of high -sulfur clay have caused the production of great amounts of choking sulfur dioxide. Other large acute exposures to gases are not common. Inhalation of large amounts of these gases can result in severe acute or chronic lung problems. Long-term inhalation of Low levels of these gases can cause chronic bronchitis and emphysema. Fluorine gas can also cause bone and teeth problems. 2. Many metal. fumes generated at high temperatures are highly toxic by inhalation. Since lead vaporizes at a relatively Low temperature, it is especially hazardous. 3. Carbon monoxide from fuel -fired kilns or the combustion of organic matter in clays is highly toxic by inhalation and can cause oxygen starvation. One symptom of carbon monoxide poisoning is an intense frontal headache, unrelievable by anaLgesics. 4. Hot kilns produce infrared radiation, which is hazardous to the eyes. There have been reports of cataracts, from years of looking inside the hot kilns. 5. Heat generated by the kiln can cause thermal burns. The Edward Orton Jr. Ceramic Foundation reported that when a kiln was operated at 2370 °F, the surface temperature, was at and above 595 °F, and the temperature one foot away from the peephole was 156 °F. 6. Heat produced by even small electric kilns can cause fires in the presence of combustible materials or flammable Liquids. 7. if an electric kiln fails to shut off, the heating elements melt which can cause fires. Gas kilns also generate a Lot of heat, and room temperatures often exceed 100 °F. Precautions 1. Infrared goggles approved by the American National Standards Institute (ANSI) or hand- held welding shields should be worn when looking into the operating kiln. Shade number from 1.7 to 3.0 is recommended, but a darker shade may be required if spots appear in front of one's eyes after looking away from the kiln. 2. Do not use lead compounds at stoneware temperatures since the lead will vaporize. 3. Lumber, paper, solvents, or other combustible and flammable materials should not be stored in kiLn areas. 4. Always check that the kiln has shut off. 5. If gas leaks are suspected (e.g. gas odor): shut off gas at the source; shut off power to the kiln room at the circuit breaker; and call the gas company. Test for Leaks with nonfat, soapy water or use approved leak -detection solutions. 5 of 7 6/21/17, 4:09 PM Ceramics 1 Office of Environmental Health and Safety https://ehs.princeton.edu/health-safety-the-campus-communitylart-theate... SPECIAL PROCESSES While most glaze firings refer to firing a glaze -coated pot in the kiln, special processes sometimes are used. Salt glazing and raku firing are two examples. Salt Glazing This process involves throwing wet salt (sodium chloride) into the heated kiln while the bisque ware is being fired. Wet salt at high temperatures decomposed to sodium and chlorine. The sodium reacts with the bisque ware to form a glaze. Large amounts of hydrogen chloride gas and possibly chlorine are also formed. Sodium carbonate (washing soda) can also be used. Carbon dioxide is generated instead of hydrogen chloride. Hazards 1. Hydrogen chloride gas is highly toxic by inhalation. Health effects are both similar and more irritating compared with most other kiln gases. Often, local environmental protection laws ban salt kilns. 2. Hydrogen chloride and water vapor form hydrochloric acid, which can corrode metal fittings in the area. Precautions 1. Substitute safer sodium carbonate for sodium chloride. 2. Sodium chloride salt glazing should only be done outdoors. Kilns should be equipped with canopy hoods and chimney stacks that are tall enough to disperse the hydrogen chloride safely. 3. All gas piping, and metal fixtures should be routinely checked for corrosion. Raku Firing Raku involves first firing ware at a low temperature in a regular gas kiln, and then removing the stiLL hot pieces and placing in them in sawdust, leaves or other organic materials for a reduction phase. Hazards 1. See above for the hazards and safety precautions used with gas kilns. 2. The reduction step produces large amounts of smoke and carbon monoxide. 3. Treated wood or other materials can yield an exposure to highly toxic preservatives or pesticides, such as arsenic and chromium compounds. Precautions 1. Raku should only be done outdoors because of smoke. Be careful to not locate raku near air intakes or open windows of buildings. 2. Do not use materials that have been treated with preservatives or pesticides for the reduction phase. 6 of 7 6/21/17, 4:09 PM Ceramics Office of Environmental Health and Safety https://ehs.princeton.edu/health-safety-the-campus-community/art-theate... LEACHING OF FINISHED CERAMIC WARE Lead Leaching There is a real concern about lead leaching into food and drink from pottery fired with lead glazes. Both the U . Fr'odand ..._X71!.- {iriistr7tro ._.(htrp://wwvv.cda.gov/). (FDA) and the Canadian Consumer and Corporate Affairs have regulated how much lead can leach from foodware into food and drink. Acidic liquids are of particular concern. Similarly, continual microwave reheating, (e.g. a coffee mug at work) can yield greater leaching of lead glazes. Many cases of lead poisoning, and even some fatalities, have occurred from the leaching of lead from lead -glazed pottery. While commercial ceramics companies routinely test their ware for lead leaching, craft potters do not have the same quality control as does the ceramics industry, and lead Leaching is more of a problem. According to United States regulation, ceramicware that does not pass the Lead leaching tests must have a permanent fired decal stating: "NOT FOR FOOD USE - MAY POISON FOOD. FOR DECORATIVE PURPOSES ONLY." As mentioned earlier, you can also drill a hole in the pottery so it cannot be used for Liquids or food. Preferably, do not use Lead glazes, especially for food and drink vessels. Any foodware finished with lead glazes should be tested regularly by certified laboratories. Other Leachable Metals Other metals can leach into food and drink. Cadmium is the single metal besides lead presently regulated in the United States and Canada. However, other possible toxic metals in glazes can Leach. Barium has been seen in some tests to leach in hazardous amounts from certain glaze formulations. If a barium glaze, or other glaze, changes color from contact with food, do not use the vessel for food. Try and use only glazes with calcium, magnesium, potassium, and sodium fluxes and minimize the amounts of toxic metal colorants. Routine testing for other metal leaching should be done. More research needs to be done in this area. © 2017 The Trustees of Princeton Univers 7 of 7 6/21/17, 4:09 PM June 21, 2017 To the City of Eagan Planning Commission, Mayor and City Council Members: RE: Artworks Eagan Conditional Use Permit Request Kingswood Ponds Road. Our Community. It reflects who we are. It is where our children play and have grown up. It is where we have gathered and shared with each other. Our identity is being threatened. My wife and two children have chosen to live in this community for the past 15 years; I hope that will continue. Artworks characterized their project on their Request for Conditional Use Permit as being a "boon to the neighborhood". I'm telling you that as a neighbor, it will be a "bust". I am opposed to the Artworks purchase of the Fire Administration Building and their Request for the Conditional Use Permit for many reasons. Some of these are outlined below: Traffic (with attached photos) Artwork's sole access/exit will be on our residential street. Artwork's ambitious project would add an unreasonable and unsafe amount of traffic onto our street. The only way in and out of our neighborhood will be adversely affected. The current set-up of the intersection of Pilot Knob and Kingswood Ponds Road is already problematic. Traffic approaching this intersection from the East on Wescott is given the choice of getting into what seems to be a left turn lane where one is allowed to turn or go straight or a right turn lane where many go straight. (PHOTO 1) Approach this intersection from the North on Pilot Knob you will have an uphill curving blind approach. Should you need to turn right and need to stop due to individuals in the crosswalk, you will need stop in traffic in this blind spot where the speed limit is 45 miles an hour. (PHOTO 2) Should you desire to experience fear, wait in the turn lane on Pilot Knob from the South into our neighborhood. Cars from the North due to the curve in the road, approach right toward you prior to them correcting. (PHOTO 3) Finally, heading toward this intersection from the neighborhood one must first experience the blind approach to the exit driveway of the Fire Administration Building. (PHOTO 4) The left lane out of the neighborhood is for turning left or going straight. There is room for approximately 4 cars from the crosswalk to the exit of the Fire Administration Building. Currently there most times are cars waiting there due to the length of the light which is set for the movement of traffic up and down Pilot Knob, not to get out of the neighborhood. It has been my experience that numerous cars turning from Wescott to Pilot Knob don't signal their turns and/or just turn without yielding. (PHOTO 5) Should you want to take a right from the neighborhood on a red light and head South, it is very dangerous due to the blind approach from the North. (PHOTO 6) Adding even a little more traffic to this intersection will exacerbate the problems. I fear what the proposed traffic will cause. Outdoor activities will be a distraction to drivers. I have witnesses numerous pedestrian and auto accidents. There will be a lot more! I want to be able to get to and from my house. I question the ease the ease now of doing that. Has there been a traffic impact study conducted prior to approval? Parking/Walking: During events there obviously will be issues when there will be street parking and increased traffic. Kingswood Ponds Road is not only the only way in and out of our neighborhood by car, it too is the only means to exit by foot. There are no sidewalks, there are no trails. When we walk to the library, the park, walk with the kids or walk the dogs, we use our road. Additional retail/event/rental traffic exiting their lot and the increased on -street parking will jeopardize our safety. Current residences know the layout of the road and respect their speed and our safety. Strangers to our neighborhood most likely won't. Has there been a parking/pedestrian impact study conducted prior to approval? Building safety: There is little argument that art studios and art products are toxic and hazardous. In fact, the Consumer Product Safety Commission provides an Arts and Crafts Safety Guide https://www.cpsc.gov/PageFiles/112284/5015.pdf Additionally, I have provided the United Educators' Safety Guide for Art Studios https://www.mtholyoke.edu/sites/default/files/ehs/docs/artsafety.pdf These publications outline the numerous dangers and hazards of an art studio. My concerns are that neighbors are mere feet away from this proposed facility. If Artworks was a business, governmental organizations such as OSHA would police the necessary safely requirements. Artworks' model of renting out space does not ensure proper procedures will or can be followed. Artworks stated in the Request that ventilation will be their main remedy to ensure the safety of the artists. My question is how is the safety of us proximate neighbors ensured from these close emissions? Additional concerns are fire and environmental contamination in our back yard. I did find it interesting that the Consumer Product Safety Commission on Page 6 states "never eat, drink or smoke in studios". Also, United Educators on Page 8 states "Do not allow students to eat, drink or smoke in the studio or art project area." This is very much a contradiction on what Artworks hope to accomplish. Has a Health and Safety review prior to approval? Quiet Enjoyment: We are a quiet neighborhood. City crime statistics indicate we are the safest neighborhood. We work hard. We keep up our homes. We enjoy the company of our neighbors and our kids play. Then we go to bed. Artworks proposes a hustle and bustle that will end this. After hour artists and others would descend upon us. Their noise, their gatherings, their activities afterhours changes the fabric of our established community. Taxes: As an Eagan taxpayer, I take offense that the city is selling a building for less than half its assessed value to an organization that won't be paying taxes. I am quite certain that the city could sell the building for at least the same price agreed to for Artworks to a company that is better suited to the neighborhood (no retail, no events, business hours, etc.) that would be paying taxes. I am also certain that Eagan's tax base will lessen in our neighborhood as our values will certainly decrease due to the aforementioned reasons. I respectfully request that you deny the Conditional Use Permit application so as to maintain the integrity, feel and community we have on Kingswood Ponds Road. Artworks stated goal is the monetary savings they will have by using the Fire Administration Building as their studio; don't allow this at the expense of our entire neighborhood. It literally will be their gain and our loss. I hardly call this purchase a "boon for our neighborhood". There are 46 homes in our neighborhood; I am not aware of one single homeowner who supports this purchase. Perhaps this is why there was no outreach by Artworks to its potential new neighbors through surveys or courtesy communications. If Artworks hasn't been a good neighbor now, we can only worry about the future. I love the Arts. I support the mission of Artworks. I would like to go to a facility that Artworks is proposing. I do not want it though in my backyard. There are more appropriate locations for this with open spaces and no homes. The Arts are suppose to enhance one's life and give it joy; approving the Conditional Use Permit will do the opposite for us residence of Kingswood Ponds Road and our special, unique community. Very truly yours, David Wolfe 1466 Kingswood Ponds Overlook '� PHOTO 1 West on Wescot PHOTO 3 North on Pilot Knob PHOTO 2 South on Pilot Knob PHOTO 4 East on Kingswood Pond RD PHOTO 5 East on Kingswood Pond RD PHOTO 6 Looking North on Pilot Knob Art and Craft Safety Guide U. S. Consumer Product Safety Commission 4330 East West Highway Bethesda, MD 20814 Pub. No. 5015 In partnership with The Art & Creative Materials Institute (ACMI) Arts, Crafts & Theater Safety, Inc. (ACTS) The National Art Education Association (NAEA) Table of Contents How to Use This Guide 3 Regulation of Art Materials 3 Sources of Health and Hazard Information 3 Section I Children's Arts and Crafts 5 Guidelines for Selecting Art and Craft Materials for Children 5 Safety Rules to Be Followed When Children Are Using Art Materials 5 Section II General Hazards Associated with Art and Craft Materials 6 Types of Hazards 6 General Precautions: Storage, Housekeeping, Protective Gear, and Safety Rules 6 General Safety and Hygiene Rules 6 Fire Safety 7 Storage and Precautions for Chemical Hazards 7 Disposal Precautions for Chemical Hazards 8 Protective Equipment 8 General First Aid 10 Summary of Ways to Minimize Risks 10 References 10 Section III Hazards Associated with Specific Art and Craft Materials 11 Ceramics and Clay 11 Computers 12 Drawing 12 Gems (Lapidary) and Stones 13 Glass 13 Glues/Adhesives 14 Leather and Other Animal Products 14 Metals 15 Painting 17 Paper and Canvases 19 Photographic Materials 19 Plastic 20 Printmaking 22 Sculpture 25 Solvents 25 Textiles 26 Waxes 27 Woodworking 27 References 28 Glossary 29 Index 30 2 How to Use This Guide This guide contains three sections. Section I is a general guide for the use of art and craft supplies with children. Section II is an overview of the potential hazards associated with art and craft materials and provides applicable safety and first-aid information. Section III has more detailed information about specific art and craft disciplines and associated materials. A glossary at the end of this guide provides definitions of terms. Anyone using art or craft materials will find this information beneficial; however, note that local, state, and federal agencies, such as the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) may require procedures that are more stringent for paid employees than for hobbyists. Whenever possible, this guide directs professionals to other sources of information about requirements that may supersede the recommendations presented here. Regulation of Art Materials The U.S. Consumer Product Safety Commission (CPSC) is an independent regulatory agency charged with protecting the public from unreasonable risks of injury or death associated with consumer products. The CPSC requires labeling of art materials that have the potential to cause adverse chronic health effects under the Federal Hazardous Substances Act (FHSA). Specifically, an amendment to the FHSA, the Labeling of Hazardous Art Materials Act (Public Law 100- 695) or "LHAMA" made mandatory many of the requirements of the labeling of art materials as set forth in the ASTM International (ASTM) standard designated D-4236-88 [U.S.C. 1277]. ASTM D-4236 outlines procedures for developing precautionary labels for art materials that have the potential to produce chronic adverse health effects [16 CFR § 1500.14(b)(8)(i)]. Under the FHSA, an art material is defined as "any substance marketed or represented by the producer or repackager as suitable for use in any phase of the creation of any work of visual or graphic art of any medium" [U.S.C. 1277(b)(1)]. Children's products that meet this definition include, but are not limited to, crayons, chalk, paint sets, colored pencils, and modeling clay. It is recommended that parents/guardians purchase only those products labeled with the statement "Conforms to ASTM D-4236" (CPSC Document #5016) and that do not have any cautionary warnings on the label. Moreover, under the FHSA, most children's products that contain a hazardous substance are banned, whether the hazard is based on chronic toxicity, acute toxicity, flammability, or other hazard identified in the statute. However, the Commission may exempt art materials satisfying all three of the following criteria: (1) the inclusion of the hazardous substance is required for their functional purpose, (2) the products are labeled with adequate directions and warnings for safe use, and (3) they are intended for use by children who are sufficiently mature, and may reasonably be expected, to read and heed such directions and warnings (15 USC 1261(q)(1)(A)). 3 For more information on the requirements for art materials, contact the CPSC Office of Compliance, Washington, DC 20207, telephone: 301-504-7913. Sources of Health and Hazard Information Under the U.S. Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS), chemical manufacturers are required to develop a Material Safety Data Sheet (MSDS) for each hazardous chemical they produce and import [29 CFR 1910.1200 (g)]. The MSDS contains a variety of information including the hazards associated with the chemical(s) and precautionary information for safe handling and use. However, the chronic hazards described in the MSDS may not be applicable to the casual user, such as someone engaging in an art activity one time. Be aware that a MSDS can become outdated as new information becomes available, particularly concerning long- term or chronic exposures. Manufacturers must provide the date of preparation or the date of the last change made to the MSDS, so be sure that you have the most current document available. According to OSHA requirements, employers of people working with chemicals must provide an MSDS for the materials used, training in federal and local regulations governing the use and disposal of materials and waste, the proper protective equipment, and other precautions. More information about OSHA regulations and mechanisms for employees to report unsafe practices can be found at www.osha.gov. Disposal practices are required to follow the Environmental Protection Agency's (EPA) Resource Conservation and Recovery Act (RCRA), which tightly governs all garbage and industrial waste. More information is available online (www.epa.gov/rcraonline/) Many sources for health and hazard information are available on the web including the National Library of Medicine website (www.nlm.nih.gov) which has links to sites such as Toxnet and Toxtown, the Integrated Risk Information System (IRIS, www.epa.gov/iris/), the National Toxicology Program (NTP, www.niehs.nih.gov), and the International Agency for Research on Cancer (IARC, www.iarc.fr). For example, as part of the World Health Organization, IARC performs epidemiologic and laboratory research on how humans develop cancer. IARC prepares individual monographs for many agents that include information on exposure, chemistry, production, and use. Based on available data, IARC categorizes the carcinogenic risks to humans. The list of these categories is found in the glossary. Another information source is the Art and Creative Materials Institute (ACMI) (www.acminet.org), an international, non- profit association of over 200 art and craft material manufacturers. ACMI sponsors a certification program that identifies products that they determine to be non-toxic and those that require health warning labels. Mention of the name of any company or product does not constitute endorsement by the U.S. Consumer Product Safety Commission (CPSC). In addition, citations to Web sites do not constitute CPSC endorsements of the sponsoring organizations or their programs or products. Furthermore, CPSC is not responsible for the content of these Web sites. 4 Section I Children's Arts and Crafts This section gives an overview of the hazards associated with the use of art and craft materials by children and provides guidelines for the selection of materials as well as safety rules that should be followed. Non-toxic art and craft supplies intended for children are readily available. Read the labels and only purchase art and craft materials intended for children. For certain chemicals and exposure situations, children may be especially susceptible to the risk of injury. For example, since children are smaller than adults, children's exposures to the same amount of a chemical may result in more severe effects. Further, children's developing bodies, including their brains, nervous systems, and lungs may make them more susceptible than adults. Differences in metabolism may also affect children's responses to some chemicals. Children's behaviors and cognitive abilities may also influence their risk. For example, children under the age of 12 are less able to remember and follow complex steps for safety procedures, and are more impulsive, making them more likely to ignore safety precautions. Children have a much higher chance of toxic exposure than adults because they are unaware of the dangers, not as concerned with cleanliness and safety precautions as adults, and are often more curious and attracted to novel smells, sights, or sounds. Also note that children do not have to be using the art and craft materials themselves to be affected by them: careless child or adult artists can accidentally expose other children to hazards. Good health and safety habits can be formed at any point in life, including childhood. Adults should model safety procedures, the use of appropriate safety gear, and careful reading of labels and cautionary statements. Children need regular and consistent reminders of safety rules, and there is no substitute for direct supervision. Guidelines for Selecting Art and Craft Materials for Children Up to 12 years of age (Pre -kindergarten through Grade 6): • Note that even products labeled `non-toxic' when used in an unintended manner can have harmful effects. • Products with cautionary/warning labels should not be used with children pre -kindergarten through grade 6 (see Section II for information about specific materials). • Avoid solvents and solvent -based supplies, which include turpentine, paint thinner, shellac, toluene, and some glues, inks, and a few solvent -containing permanent markers. • Avoid materials in self -pressurized containers. • Avoid acids, alkalis, bleaches, or corrosives. • Avoid products or processes that produce airborne dusts which can be inhaled. 5 • Avoid old supplies, unlabeled supplies, and be wary of donated supplies with cautionary/warning labels and that do not contain the statement "Conforms to ASTM D- 4236." • Avoid materials with lead, cadmium and other heavy metals. • Avoid high-temperature hot glue guns; use low- temperature models. • Look for products that are clearly labeled with information about intended uses. • Give special attention to students with higher exposure risks, such as: • Physical or mental challenges, which affect safe use of the supplies. o Visual or hearing difficulties that may hinder the recognition of spills or skin exposures and may require the student to get close to supplies during use which can increase their inhalation of fumes or dusts. • Asthma or allergies, which may elevate the students' sensitivities to fumes, dusts, or products that come into contact with the skin. Safety Rules to Be Followed When Children Are Using Art Materials • Store surplus materials away from children. • Keep food and drinks out of the art area. • Give only small amounts to minimize spills and mishaps. • Supervise children closely to prevent unintended uses of art materials. • Adults should mix powdered and extremely dusty materials. • Wash hands after using materials. Do not use solvents to clean skin. • Watch for unusual reactions to chemicals. • Cover cuts and sores with bandages before using materials. • Contact the National Poison Control Center Hotline, 1- 800-222-1222, or the nearest certified Poison Control Center, if necessary (see General First Aid). Section II General Hazards Associated with Art and Craft Materials This section is a brief guide on the potential hazards of art and craft materials and general precautions to take when using them. Artists, teachers, and hobbyists may find this information useful. More detailed information is available in Section III and in the references at the end of this guide. Please consult the glossary for any terms that may be unfamiliar. Specific technical information on chemicals or other substances can be found on various websites (see Health and Hazard Information). It is important to recognize that while some art and craft materials may cause adverse health effects, the concentrations and exposure times required to produce them may be uncertain, particularly concerning chronic (long-term) exposures. For example, an acute (short-term) exposure to a strong acid may cause severe burns within minutes. It may take years of exposure to a certain concentration, however, for a known human carcinogen to cause cancer, and the exposure time and concentration required may vary between individuals. Being cautious and limiting exposure to potentially harmful art and craft materials will likely minimize, if not prevent, the possibility of developing adverse health effects in the long term. Types of Hazards Mechanical Hazards: Strains, Breaks, Cuts, Crush Injuries, and Burns • Mechanical hazards are those involving damage to body tissue from objects, heat or electrical sources. Virtually any object can damage the human body. The most common injuries include cuts, scrapes, crush injuries, and burns. • Such injuries can be caused by distractions, using a tool for an inappropriate function, improper handling, modification of a tool, using a tool that is wom out or functioning improperly, or using a tool that is not appropriate for the age of the user. Dull, worn, partially broken, or repaired tools can behave in unexpected ways and often require more effort to get the job done, placing a user at risk. Chemical Hazards: Inhalation, Skin Absorption, and Ingestion • Chemical exposures can occur through breathing fumes and vapors, absorption through the skin, or by swallowing. For instance, painters may `point' their brushes by placing them in their mouth; children may taste art supplies or chew on drawing implements; and artists and family members may be exposed to vapors from a home studio that has inadequate ventilation, including those studios that may be located away from living areas, such as in a basement. Such conditions may seem like small exposures, but over time, many small 6 exposures to some chemicals may combine to damage one's health. Use "non-toxic" products (i.e., those that are not considered to be harmful under normal use conditions) when possible. Introduce good safety practices even with the use of non-toxic products. This will help reduce exposures when hazardous materials are used. • When gauging exposure, consider the 1) toxicity of the substance; 2) length of exposure; 3) total body burden on the user; 4) susceptibility of the user; and 5) combined effects of interacting substances. Chronic or repeated exposures to chemicals or short exposures to high doses of chemicals allow the body less time to detoxify and excrete the substances that have been absorbed. The total body burden refers to the amount of a substance that the body has already absorbed from other sources or over time from previous exposures. Using many different hazardous materials or using them for a long time will require careful monitoring. Consult your physician for proper care. Susceptibility to toxic materials varies with the physical characteristics of the person exposed, such as size, age, health, and medical history. Known medical conditions, such as asthma, may make someone more susceptible to the effects of certain chemicals. Combining chemicals can also have synergistic health effects (i.e., one chemical may amplify the negative effects of another). General Precautions: Storage, Housekeeping, Protective Gear, and Safety Rules Set up studios so that users can easily comply with the safety rules. Enforce compliance with rules. General Safety and Hygiene Rules Work intelligently. • Substitute safer materials when possible. • Choose water-based products over solvent -based products. • Choose products that do not create dusts and mists. • Never hold brushes or tools in your mouth, tip brushes with your lips, etc. • Never eat, drink, or smoke in studios. • Store tools properly; keep them in good condition. • Read the labels on your materials. You cannot tell the toxicity of materials by the absence or presence of a particular smell. • Never use materials in unintended ways (for example, don't use standard paint for skin -painting). Keep studio space neat and orderly. • Keep floors clean and free of slippery spots. • Keep extension cords, hoses and other tripping hazards off the floor when unused; keep traffic ways clear. • Minimize the area in which hazardous substances are used. • Keep art studios separate from living areas and clean yourself before entering living areas. Ensure appropriate ventilation. • The mouth, nose, and skin can absorb hazardous materials. Ensure ventilation provides fresh air activity (see The Inside Story: A Guide to Indoor Air Quality http://www.cpsc.gov/cpscpub/pubs/450.html ) to decrease exposures to dusts, fumes, gases, mists, and vapors. Adequate ventilation means that clean air is flowing toward the artist and contaminated air is flowing away. Blowing air around with a fan without a source of clean air is not adequate ventilation, and can actually increase exposures to harmful substances. • Prevent the accumulation of flammable vapors or spray mists to limit fire hazards with proper ventilation. Have proper protective gear and cleaning supplies available. • Wear special work clothes and keep separate from other clothing, even during clothes washing. • Keep cleaning supplies accessible. • Clean up spills immediately, even small spills, and dispose of waste chemical and cleanup materials properly. • Contain flammable spills with activated charcoal, diatomaceous earth, or deodorant -free cat litter. Workplace employees must follow the EPA's Resource Conservation and Recovery Act (RCRA) and any other applicable local regulations for spill control, containment, and disposal. • In the event of an accidental exposure call the National Poison Control Center Hotline, 1-800-222-1222, or the number for the nearest certified Poison Control Center. Wash hands and other exposed body parts after working, and before eating or using the bathroom. • Avoid using toluene, turpentine, kerosene, or other solvents to clean your skin. • Use soap and water or baby oil or a skin cleanser. • Wash under fingernails. Keep nails trim and do not bite nails. Maintain your health and fitness. • Recognize your physical, emotional, and mental limits. • Alertness decreases with hunger and fatigue. o Anger, sadness, hurrying and frustration increase chances of accidents and mistakes. • Have regular health check-ups. • Make sure your health care provider is familiar with the art and craft materials you use, your level of exposure, and your studio environment. Fire Safety Have fire protection devices, extinguishers, and alarms. • Ensure alarms and extinguishers are in working order and approved for the materials and chemicals used and stored. • Ensure users know fire evacuation plans for your facilities. • Post fire safety information in clearly visible places. Work with small amounts of materials. • Purchase and store the smallest amounts of flammable or 7 combustible materials needed. • Never store large amounts of flammable or combustible materials. • Dispense small amounts of flammable or combustible materials. Keep heat sources and ignition sources materials. • Never smoke in a studio combustible materials. • To avoid spark hazard, equipment is in good repair. • Fans in local exhaust systems require non -sparking or nonferrous blades and the motor should be explosion proof or outside the vapor pathway. • Avoid using space heaters. away from flammable that has ensure that flammable or all electrical Store flammable materials safely. • Store flammable or combustible solvents in fire safety cans in an OSHA -approved fireproof cabinet. Keep cabinet closed and vented if required by local codes. • Linseed oil or solvent -soaked rags can spontaneously combust, so rags should be stored in a covered container that does not allow air in or vapors out, such as an OSHA - approved container. • Store flammable or escape routes. • Clean spills immediately and properly. • Keep a dry chemical or carbon dioxide fire extinguisher within easy reach. combustible materials away from Storage and Precautions for Chemical Hazards Buy, use and store chemicals wisely. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Familiarize yourself with the ingredients and hazards associated with the materials you use. • Purchase volatile and other hazardous materials in small quantities. • Ensure proper training of materials' caretakers. • Keep children out of studios where toxic chemicals are used. • Ensure appropriate ventilation for this activity. • Avoid mixing chemicals in the storage area. • Learn local regulations and limits on storage of hazardous materials. • Keep chemicals out of direct sunlight. • Store toxic materials in a locked cabinet. • Store reactive chemicals separately. • Store hazardous chemicals in secure places away from children, but easy -to -reach to minimize falls and drops (e.g., keep large containers below shoulder height). • Store flammable or combustible solvents in fire safety cans in an OSHA -approved fireproof cabinet. Keep cabinet closed and vented if required by local codes. • Never store any material that you are not prepared to control if it spills. • Avoid using food containers for storage. • Keep containers tightly closed to prevent dust or vapor from escaping. • Use smaller dispensers for small amounts of solvent and label them properly. • Continually clean storage and disposal facilities. • Never remove or deface a manufacturer's label. If it is necessary to transfer the product to another container (e.g., due to damage, lost closure, etc.), retain all the label information. • Track the date of purchase and date of opening containers. • Keep track of expiration dates and properly dispose of expired materials. • Keep a current inventory of materials and properly dispose of those with a limited shelf life. Ideally, use fresh materials. Have appropriate protective equipment and cleaning supplies available. • Have cleaning materials for spills near the chemicals. • If protective equipment is needed, store near the materials. • Have fire protection, extinguishers, and alarms that are in working order and approved for the chemicals stored. • Ensure users know fire evacuation plans for your studio. Post information in clearly visible places if you have visitors to your studio. OSHA requires workplace employees to be trained in these procedures. • If corrosives are stored, have an accessible and functional eyewash or shower. Disposal Precautions for Chemical Hazards • Know what local regulations require for hazardous waste disposal. Employers must know state and federal regulations and maintain arrangements with hazardous waste disposal companies. • Disposal practices in the employment setting are required to follow the Environmental Protection Agency's (EPA) Resource Conservation and Recovery Act (RCRA) which tightly governs all garbage and industrial waste. More information is available online (www.epa.gov/rcraonline/). • Recycle when possible, but only donate materials that conform to ASTM D-4236, and do not donate materials with cautionary/warning statements on the label to elementary schools. • Do not pour solvents or other hazardous materials and wastes down the drain unless allowed by the sanitary sewer authorities. • Consider recycling used solvents. If disposing, place in sealable, metal containers clearly labeled for disposal. • Ensure spray cans are completely empty and dispose of in garbage or recycling. • Allow glues and cements to dry before disposal in garbage. • Many localities have special programs for residential disposal of hazardous waste. 8 Protective Equipment More explicit details about selecting appropriate protective equipment are provided by the Occupational Safety and Health Administration (OSHA) publication #3151 and the National Institute for Occupational Safety and Health's (NIOSH) National Personal Protective Technology Laboratory (NPPTL) publications (see References at the end of this section). Employers are required to have OSHA written programs and training for protective equipment. Respirators: IMPORTANT NOTE: Proper use of a respirator requires training. Hobbyists should seek an occupational clinic for advice and training. Contact your county, local, or state health department for more information. OSHA regulations require workplace employees using respirators to have medical certification, professional fit tests, and training for selecting the appropriate filters and maintenance procedures. • Seek professional help with fitting; ensure mask fits by performing a user seal check (a test of positive and/or negative pressure) to make certain that an adequate seal is achieved (29 CFR 1910.134 App B-1). • Ensure that the respirator you are using complies with recommendations made by the National Institute for Occupational Safety and Health (NIOSH). • Ensure that the type of filter used will remove the chemical or dust you are working with. Some chemicals require specific cartridges (organic vapor, acidic gas, and high efficiency particulate air (NEPA). There are some chemicals for which there are no approved cartridges. • Replace filters and cartridges regularly. Never rely on expired cartridges. • Put respirator on before entering the work area and remove only after leaving the work area. • Paper dust masks are not effective for chemical vapors and gases. Eye Protection: • IMPORTANT NOTE: OSHA regulations require employers to provide appropriate eye protection in accordance with ANSI Z87.1 standards. • Many options for impact protection are available. Consult a reputable vendor for making an informed decision. Look for the "Z87" marking indicating compliance with ANSI Z87.1's "Basic" impact protection standard and "Z87+" to indicate the "High" impact protection standard. • Most prescription glasses are not an adequate substitute for real safety glasses. Goggles are available for covering over prescription glasses. • Glasses for protecting against chemical splashes are often different from impact protection glasses. Ensure that the right glasses are used for different needs. • Face shields are sometimes an alternative to glasses, but may require safety glasses worn beneath them if splashing can occur. • Prevent fogging of glasses and goggles to keep vision clear. • For ultraviolet radiation (UV) and infrared (IR) protection, select an appropriate degree of filtering. Gloves: • Chemical protection is extremely complicated. Do not judge a glove's effectiveness by how waterproof it appears: solvents and other chemicals can pass through glove materials that water would not penetrate. This is called "permeation." Consult the glove manufacturer's "permeation charts" to identify the gloves that will withstand the materials you use. • After selecting appropriate gloves for the chemicals in use, monitor the glove's effectiveness while in use and replace worn, ripped, or permeated gloves. • Use metal -mesh or Kevlar gloves when using sharp tools or knives. • Use insulated gloves to protect hands from thermal bums. • Use fabric or leather gloves when exerting high pressures or performing repetitive actions to protect from blisters. Hearing Protection: • Avoid loud noises for long times or frequently repeated loud sounds. • Power machines (e.g., compressors, pug mills) may produce sound levels that can be damaging to the ears. • Pliable earplugs can be used for noise levels up to 120 dB. • Do not share earplugs. • Earmuffs provide more protection than ear plugs, up to 135 dB. Combine with earplugs for maximum protection. Clothing and accessories: • Proper work clothes can greatly reduce exposures. • Hair restraining caps or bands are recommended when using machines or chemicals. • Remove jewelry (e.g., rings, necklaces) that can get caught in machines. • Avoid loose clothing that can get caught in machines or catch fire. • Hard hats are recommended for protection from falling objects. • Safety shoes or boots protect against liquids, heat, falling objects, sparks, electric shock and sharp objects. Warning Signs: The following warning slogans are designed to help reduce chemical exposures or mechanical injuries by attracting attention to the basics of art and craft safety. They may be reproduced, where appropriate, for use in any studio or classroom. General Health and Safety: • "If you can't do it safely, then you can't do it." • "Hurrying hurts." • "Absolutely no food in this area." • "Step 1 -Be careful. Step 2 -Be careful. Step 3 -Be careful." • "Creative urges should not overcome your careful urges." • "Limit exposure to this material." • "No art is worth sacrificing your health." 9 • "If you are tired, hungry, angry or sad, you are at a higher risk for injury and mishap. Take a break!" • "Power tools don't care how many fingers you have." • "Rushing to finish your project can lead to rushing to the hospital." • "Being careful takes longer, but a trip to the hospital takes even Longer." • "If you have to force it, it's the wrong tool." Use, storage, and disposal: • "Always know your materials." • "Ensure adequate ventilation." • "Keep out of reach of children." • "Report shortages of this product to (insert name of studio manager)." • "Don't let your materials destroy after you create. Dispose of this material properly." Protective Equipment: • "Hazardous Chemical: Wear protective clothing." • "Are you wearing your safety glasses?" • "You haven't felt pain until you've had an eye injury." • "Safety gear now or bandages later — You choose." • "In case of emergency, call It is also advisable to post the National Poison Hotline number, 1-800-222-1222, or the contact information for the nearest certified Poison Control Center. General First Aid Workplace employees must follow the first-aid procedures set out by their employer. Hobbyists are advised to seek medical advice for serious incidents. Eye Exposure: 1. Hold eye(s) open with fingers and immediately RINSE with water for at least 5 minutes. If wearing contact lenses, remove them after 5 minutes of washing and continue to rinse eye(s) at least 5 minutes. Note: Rinse time depends on the degree of irritancy associated with a particular product. 2. For more information and advice, call the National Poison Control Center Hotline, 1-800-222-1222, the nearest certified Poison Control Center, or a doctor. Skin Exposure: 1. RINSE skin with water. 2. Call the National Poison Control Center Hotline, 1-800- 222-1222, the nearest certified Poison Control Center, or a doctor for more advice. Inhalation: 1. Move person into fresh air. 2. Call the National Poison Control Center Hotline, 1-800- 222-1222, the nearest certified Poison Control Center, or a doctor for more advice. If Swallowed: 1. IMMEDIATELY call the National Poison Control Center Hotline, 1-800-222-1222, the nearest certified Poison Control Center, or a doctor. Summary of Ways to Minimize Risks Know your materials. Read warnings and labels. Take extra care when using unfamiliar products. Limit exposures. Substitute more hazardous materials with less dangerous ones. Avoid exposures to toxic materials. Stay clean. Use protective gear and practice good hygiene and waste disposal. Clear the air. Control dusts, filter air, add clean air, and remove fumes with proper exhausts. Store materials properly. Keep out of reach of children. Keep labels on all products. 10 References AC_MI. www.acminet.org Health & Welfare Canada (1990). The Safer Arts: The Health Hazards of Arts and Crafts Materials. Ottawa, ON: Department of Health and Welfare. McCann, M. (1992). Artist Beware. New York: Lyons & Burford Publishers. National Personal Protective Technology Laboratory (2004). http://www.cdc.govini osh/npptl/default.html Occupational Safety and Health Administration (2003). Personal Protective Equipment, publication 3151-12R. Washington, DC: U.S. Department of Labor. http ://www . o sh a. gov/Publicati on s/o s h a3151. p df Rossol, M. (2001). The Artist's Complete Health and Safety Guide. New York: Allworth Press. Thompson, F. M. & Thompson, P. G. (1990). Arts and crafts. In Health and Safety Beyond the Workplace. (L. T. Cralley, L. J. Cralley, & W. C. Cooper (Eds). New York: John Wiley & Sons, Inc. p. 9-32. Section III Hazards Associated with Specific Art and Craft Materials Section I of this guide provided guidelines for use of art and craft materials by children. Section II provided an overview of the general types of hazards associated with art and craft materials, the precautions one can take in using, storing and disposing of materials, as well as first-aid information. Please familiarize yourself with that information in addition to the specific information found in this section. This section is a reference guide to the potential hazards of specific art and craft materials and specific precautions to take when using them. More detailed information is available in the references at the end of this document. Please consult the glossary for any terms that may be unfamiliar. Specific technical information on chemicals/substances can be found on websites such as those of the National Library of Medicine (www.nlm.nih.gov), the International Agency for Research on Cancer (IARC, www.iarc.fr), and the Integrated Risk Information System (IRIS, www.epa.gov/iris/). It is important to recognize that while some art and craft materials may cause adverse health effects, the concentrations and exposure times required to produce them may be uncertain, particularly concerning chronic (long-term) exposures. For example, an acute (short-term) exposure to a strong acid may cause severe burns within minutes. It may take years of exposure to a certain concentration, however, for a known human carcinogen to cause cancer, and the exposure time and concentration required may vary between individuals. Being cautious and limiting exposure to potentially harmful art and craft materials will likely minimize, if not prevent, the possibility of developing adverse health effects in the long term. ACKNOWLEDGEMENTS: The following information was compiled from multiple sources [M. McCann, Ph.D., Monona Rossol, M.S., M.F.A., and the Arts, Crafts & Theater Safety, Inc. (www.artscraftstheatersafety.org), Dr. Woodhall Stopford, and the Art & Creative Materials Institute (www.acminet.org)]. However, new hazards and information about materials continually emerge, so artists are encouraged to stay aware of the most current information about the materials they use. Ceramics and Clay Clay/modeling clay: • Components may include hydrated aluminum silicates (with crystalline silica), talc, vermiculite, asbestos (a contaminant in some talc & vermiculite), kaolin, alumina, diatomaceous earth (silicon dioxide), and sand. • Potential health effects from chronic long-term exposure to clay dust or powdered mix include skin irritation, lung 11 diseases/infections (e.g., asbestosis, silicosis), and cancer (e.g., from asbestos). • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Avoid inhaling dust. Ensure appropriate ventilation or use a National Institute for Occupational Safety and Health (NIOSH) -approved toxic dust respirator. • When possible, use premixed clays to minimize exposure to large amounts of clay dust. To reduce dust inhalation, do not pulverize dry clay or sand "green ware". Finish "green ware" (unbaked molded & shaped pottery) while damp/wet. • When cleaning do not sweep dust. Use a wet mop, rags, and/or a vacuum with a HEPA filter system. • Use machine guards when mixing clay. • Check extruder mounting to make sure it is tightly fastened to the work surface. • Do not wear ties or other loose clothing when working with slab rollers. • Wear gloves and/or use moisturizer to prevent dry skin. • Rest wrists frequently to avoid repetitive stress injury (e.g., carpel tunnel syndrome). Glazes (mixtures of silica, fluxes, and colorants for finishing or coloring clay): • Components may include arsenic, uranium, lead, chromium VI, lithium, beryllium, cobalt, antimony, cadmium, nickel, barium, vanadium, soda ash, potassium carbonate, feldspars, and fluorspar. Some glazes may contain solvents (see Solvents). • May be toxic by inhalation, ingestion, and skin contact. • Potential health effects from exposure include lung disease, skin irritation, sensitization, heavy metal poisoning, and cancer (e.g., those associated with arsenic, beryllium, cadmium, chromium VI, nickel, and uranium exposure). • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Label lead- and cadmium -containing pieces with phrases such as "Contains Lead, Not for Food Use" or "Contains Lead, For Decoration Only." Consider designing or puncturing holes in utilitarian objects to discourage use with food/beverages. If there is even a slight chance that your pottery could be used for food, you should have it tested to meet FDA or state standards if you sell it, but also if you just give pieces to family and friends. The liability remains even if you do not sell pottery. • A glaze labeled "food safe" does not mean that it is lead- free, rather it means that if fired and applied properly it will not leach lead or cadmium at concentrations above those allowed by the Food and Drug Administration (FDA) into food or beverages. • Do not mix different glazes together because this disrupts the balance of ingredients and could make a "food safe" glaze into an unsafe product. • Consider testing all finished ware to ensure that it does not leach potentially toxic metals or lead. • Consider using lead-free glazes or those with sodium, potassium, calcium, or magnesium fluxes. • Use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator when working with powdered glazes. • Be aware of the flammability and hazard potential of solvents (see Solvents). • Wear protective clothing and gloves. • Use a wet mop, rags or HEPA vacuum to clean up spilled powders. Do not sweep. • When spraying glazes use a spray booth equipped with a fan that exhausts to the outside. Tools: • Users should understand how to operate all tools and take all safety precautions. • Pug mills can cause crushing and amputation injuries. Always keep safety guards in place. • Throwing wheels can cause skin or ergonomic injuries. • Kick wheels can cause shin injuries. • Kilns: Contact local or state authorities for information on proper installation and safe operation of all kilns. Importantly, indoor use of ceramic kilns (electric or fuel - fired) requires mechanical ventilation to the outdoors. Adverse health effects from firing clays and glazes are possible via inhalation (common kiln emissions include chlorine, fluorine, carbon monoxide, metallic vapors, and ozone), dermal contact (burns), and eye exposure (heating ceramic materials to glowing emits infrared radiation). To avoid injuries, ensure appropriate ventilation, use appropriate protective clothing and gloves, and wear infrared goggles or a welding shield. • To avoid electrocution while working with electrical equipment, use ground fault circuit interrupter (GFCI)— protected electrical outlets. Salt glazing (the sodium from a salt added to the hot kiln combines with the hydrogen on the clay to convert it to a sodium aluminum silicate which appears as a glass- or glaze - like material.): • Check local building codes to ensure that salt kilns are allowed. • Hydrogen chloride gas, which can be toxic if inhaled, will form during this process if the salt used is sodium chloride. Also, hydrogen chloride gas may combine with water vapor to form hydrochloric acid, which is corrosive to the skin and may corrode fittings. Check for metal corrosion regularly. • Sodium carbonate (which forms carbon dioxide rather than hydrogen chloride) is a safer alternative to sodium chloride. • If working with sodium chloride, use only outside with a canopy hood and a high stack. Raku firing (involves the addition of sawdust or other materials to heated ceramic ware): • The major hazard with raku is burns from handling the pottery with tongs: work carefully. 12 • Smoke and carbon monoxide fonned during this process may be inhalation hazards. • To avoid carbon monoxide and smoke exposure, only perform raku firing outdoors away from open windows and air intakes. • Avoid using sawdust from wood treated with preservatives or pesticides (e.g., chromated copper arsenate -treated wood). Computers Input devices (keyboard, joystick, mouse) often require repetitive motions. • Position devices in comfortable locations. • Vary motions as much as possible to decrease strain injuries. • Keep wrists straight and muscles relaxed. • Take short breaks often (every 10 minutes). Monitors can cause neck, back, and eyestrain. • Position monitors as far away as possible and at an elevation that does not require bending the neck. • Ensure proper task lighting. • Avoid staring at computer monitors without blinking, which can lead to dry eyes. Occasionally look away from the monitor and focus on something far away. Workstation ergonomics: • Ensure that feet can touch the floor or footrests when seated. • Arms should be placed in a relaxed position. • Wrists should be as straight as possible. Repetitive strain injury: • If pain, stiffness, or aches occur during some activity, stop immediately and seek alternative positions or motions. • Vary motions and change positions and activities. • Take short breaks often (every 10 minutes). • Use alternate hands for the same activity. Drawing • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). Chalk: • Components include calcium salts (e.g., calcium carbonate, calcium sulfate). • Dusts can be irritating if inhaled. Use non -dusty chalk. Charcoal: • Dust may be irritating if inhaled. • Remove excess dust by tapping, not blowing. • Use a wet mop when cleaning. Inks: • Solvent -based inks may be toxic if ingested or inhaled (see Solvents). • Use water-based, water-soluble inks. Markers: • Ensure appropriate ventilation markers. or use water-based Pastels: • Some pigments such as chrome yellow (lead chromate) may be toxic (e.g., chronic inhalation may cause lung cancer and skin contact may cause irritation). Avoid pigments with lead chromate. • Dust may be irritating if inhaled, particularly to asthmatics. Use less dusty supplies. Do not blow excess dust, tap the drawing instead. • Reduce exposure with appropriate ventilation and use a dust mask, when indicated. • Clean with a wet cloth or mop. • Oil pastels are a safe alternative because they create less dust. Pencils: • Potentially hazardous components include graphite and some pigments in colored pencils. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). Pens: • Inks can be inhalation irritants. • Solvent -based inks (see Solvents) may be highly toxic if inhaled or absorbed through the skin. • Use water-based pens. Spray fixatives: • Contain solvents (see Solvents), which may be hazardous following an exposure, particularly when inhaled. • Avoid breathing vapors. Follow all directions on the product label, such as using a National Institute for Occupational Safety and Health (NIOSH) -approved respirator or an exhaust fan. Gems (Lapidary) and Stones Hard stone (granite, marble): Soft stone (soapstone, sandstone, limestone, greenstone, serpentine): Lapidary (quartz gemstones (e.g., amethyst and onyx), opal, garnet, etc): Stone casts (Portland cement, crushed stone, and sand): • Some stones contain silica (e.g., quartz, granite, sandstone, soapstone) and asbestos (e.g., New York soapstone, serpentine, greenstone), which may be toxic if inhaled. Potential health effects include lung diseases (e.g., asbestosis, silicosis) and cancer (caused by asbestos and crystalline silica). 13 • Components in cement include calcium oxide, lime, silica, aluminum, iron compounds, and small amounts of magnesia, sodium, chromium, sulfur, and potassium compounds. Potential health effects include skin/eye burns, respiratory effects if inhaled, and gastrointestinal burns if ingested. • Avoid stone with asbestos. • Chips may be hazardous to the eyes. Wear eye protection and carve away from the body. • To avoid inhalation of dust, use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator. • Keep dust levels down by wet mopping or vacuuming regularly. Avoid sweeping dust. • Lifting heavy stones can be hazardous. Lift carefully to avoid injuries. • Wear protective shoes and appropriate clothing (no ties or loose clothing), and tie up long hair to avoid getting entangled in machinery. • Power tools (e.g., grinding/polishing wheels, sanding machines) generate noise and vibration, which may lead to hearing Loss, particularly after long-term exposure. Use hearing protection. • Ensure appropriate ventilation when using power tools. Direct air away from body. • Ensure that power tools are properly grounded. • To avoid electrocution while working with electrical equipment, use ground fault circuit interrupter (GFCI)— protected electrical outlets. • Keep motors away from water. Glass Making glass: • Components include lead/potash, borosilicates, soda/lime, colorants (e.g., cadmium, chrome, cobalt, iron). Some of these substances may be hazardous via inhalation, ingestion, and skin contact. • Use glass cullet or scrap glass if possible to avoid exposure to the powdered chemical components. • Use a fume hood, respirator, and gloves. • Clean up with a wet mop. Firing, melting, annealing, slumping and fusing glass: • Emissions from the firing process (e.g., carbon monoxide, nitrogen oxides, fluorine, sulfur oxides, chlorine, and metal fumes) may be toxic if inhaled. • Beware of thermal hazards (e.g., burns, heat exhaustion). • Fibers (ceramic or asbestos) used as insulation in ceramic ovens may be carcinogenic. Ensure appropriate ventilation for this activity. • Avoid asbestos insulation. • Use reflective heat shields and infrared goggles to protect the eyes from infrared radiation. Working glass (glassblowing), lampworking: • Potential hazards include burns, cuts, infrared radiation and exposure to fumes from colorants. • Wear protective shoes, gloves, infrared goggles. • Use a canopy hood. • Glassworkers should cool off frequently. Decorating glass: • Methods for decorating glass include etching, staining, and painting. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Silver nitrate (a corrosive) and gamboge (a yellow pigment which may be toxic by ingestion) are used for staining. • Hydrofluoric acid and ammonium bifluoride (both are corrosives) are used for etching and may be highly toxic by ingestion, inhalation, and skin contact. • Avoid hydrofluoric acid, but if used, use with a hood, gloves, a National Institute for Occupational Safety and Health (NIOSH) -approved respirator, and a face shield. • Metal colorants used to paint glass include those containing cobalt, lead, manganese, chromium VI, nickel, iron, zinc and copper. These may be toxic by inhalation, ingestion, and skin contact. Potential health effects include lung disease, skin irritation, ulceration, sensitization, cancer (e.g., from exposure to nickel and chromium VI) and metal fume fever. • Avoid lead. • If an exposure occurs, immediately contact a poison control center for help (dial 1-800-222-1222 for the National Poison Control Center Hotline). • Use a spray booth, canopy hood, respirator, gloves, goggles, and an apron. • When diluting acids, add acid to water slowly. Cutting/sandblasting glass: • Glass particles and abrasives may be an inhalation hazard. • Wear goggles or a face shield and a National Institute for Occupational Safety and Health (NIOSH) -approved respirator to avoid exposure. • To avoid electrocution while working with electrical equipment, use ground fault circuit interrupter (GFCI)— protected electrical outlets. • Clean water reservoirs. Antiquing: • Antiquing agents include antimony sulfide, copper sulfate, and selenium dioxide. • Selenium dioxide may be highly toxic by inhalation and ingestion. In acid it may form hydrogen selenide, a highly toxic gas. • Antimony sulfide may be highly toxic by skin contact, inhalation, and ingestion. • Wear appropriate gloves, provide local ventilation or use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator. Stained glass: • Potential hazards associated with stained glass work include exposure to lead, fluxes (e.g., zinc chloride, 14 rosin, and oleic acid), antimony, and arsenic. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). Lead dust may be highly toxic if ingested or inhaled. Zinc chloride flux may be highly toxic if fumes from the heated flux are inhaled. • Inhaled fumes from heated rosin flux may cause asthma. • Use copper foil, zinc came, or something other than lead. Avoid red lead. • Use lead-free and antimony -free solders. • Ensure appropriate ventilation for this activity, and use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator. • Clean up with a wet mop. Glues/Adhesives • Included in this category are cyanoacrylates, rubber cement, silicones, and epoxies. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Cyanoacrylate found in instant glue may cause adhesion of mucous membranes (e.g., eyelids, skin, etc.). • Solvent -based glues such as rubber cement and some epoxies may: 1) be toxic by ingestion and inhalation; 2) be flammable; 3) cause skin and eye irritation, and 4) cause allergies. (see Solvents). • Use paste, mucilages, or homemade flour glues, but avoid wheat pastes with people who are allergic to wheat. • Wear appropriate protection (e.g., gloves, goggles, etc.). • Ensure appropriate ventilation for this activity, particularly when using solvent -based products. • Avoid smoking, open flames, and other ignition sources when using glues with flammable components (e.g., solvents). Leather and Other Animal Products Leather: • Dust from sanding leather contains tanning agents, dyes, and glues that may be harmful. • Avoid dust inhalation. Ensure appropriate ventilation and use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator. • Clean dust with a wet mop. Cementing, dyeing, finishing: • Leather dyes and glues may contain solvents (e.g., mineral spirits, turpentine, and toluene) which may be flammable or toxic after an exposure (see Solvents). • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Use water-based dyes or those dissolved in ethyl alcohol. A rosin is a solid form of resin • Some leather cleaners may contain oxalic acid which is corrosive and may be highly toxic by ingestion, inhalation, and skin contact. Avoid cleaners with oxalic acid. • Wear appropriate protection. Use gloves, goggles, etc. • Ensure appropriate ventilation for this activity and/or use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator. • Store solvent -soaked rags in a safety container. Feathers: • Dust from duck/goose feathers may cause "feather - pickers disease." The symptoms, which may diminish if the user becomes tolerant, include coughing, fever, nausea, and headaches. • Naphthalene and paradichlorobenzene may be applied to feathers as moth repellents. These agents are possibly carcinogenic to humans (IARC, Group 2B). Air these feathers outdoors before use. • Naphthalene and paradichlorobenzene may be toxic following ingestion, inhalation, or skin exposures. • Vacuum feathers on a screen from below before use. • Use a dust mask and wear gloves. Shells: • Dust generated from sanding shells may be harmful following inhalation (e.g., inhalation of another -of -pearl dust may cause fever and respiratory problems such as infections). • Clean well or purchase pre -cleaned shells. • Use a wet grinder and/or a National Institute for Occupational Safety and Health (NIOSH) -approved respirator. Bones: • Degrease bones immediately. Bones not cleaned properly may cause infections or spread anthrax. • Degreasing solvents (e.g., carbon tetrachloride) that are used to dissolve fats/oils may be hazardous (see Solvents). • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Avoid chlorinated hydrocarbon solvents. Use mineral spirits. • Dust formed from sanding may cause respiratory problems when inhaled. • Use gloves and ensure appropriate ventilation for this activity or work outdoors. Use a wet technique and/or a dust mask. Metals Anodizing (involves the electrolytic treatment of metals (e.g., aluminum and magnesium) with coatings (e.g., titanium) to form a heavy, stable metal oxide coating): • The primary electrolytes used are sulfuric, oxalic, and chromic acids, which are corrosive and may be toxic by inhalation, ingestion, and skin/eye contact. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Metal cleaners contain caustics (sodium hydroxide) which may be toxic by inhalation, ingestion, and skin/eye contact. • Some metals are flammable. Be aware of potential fire hazards. • To avoid electrocution while working with electrical equipment, use ground fault circuit interrupter (GFCI)— protected electrical outlets. • Wear appropriate protective gloves, goggles, and apron. Electroplating (the deposition of a metal onto an object via an electrolytic method): • Ingredients in electrolytic solutions include copper sulfate, sulfuric acid, and cyanide. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Cyanide salts can be toxic by ingestion, inhalation, or skin absorption. • Avoid cyanide plating solutions. If used, ensure appropriate ventilation for this activity, be familiar with the hazards, and alert your local emergency room to have a cyanide kit available. • Sulfuric acid (> 10%) is corrosive on contact with the skin/eyes, mucous membranes, respiratory and gastrointestinal tracts. • Wear protective clothing, chemical splash goggles, and gloves. Forging or smithing (shaping metals by hammering): • Furnaces used for forging with heat may release metal fumes and toxic gases (e.g., carbon monoxide) and infrared radiation. • Be aware of fire and thermal hazards. Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). • Ensure appropriate ventilation for this activity. • Install carbon monoxide alarms. • Wear protective clothing, gloves, earplugs, and infrared goggles or a face shield. Foundry (the art of casting metals into molds): • Mold types include channel, cuttlebone, sand, and lost wax. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/waming labels). • Potential hazards associated with mold making include exposure to the following materials or contaminants: silica, formaldehyde, isocyanates, asbestos, and resins. • Avoid casting in lead. • Potentially toxic gases, including hydrogen cyanide and carbon monoxide, may form depending on the mold used. • Ensure appropriate ventilation for this activity and/or use a respirator. Wear protective clothing, gloves, and goggles. • 15 • Clean dust and mold materials with a wet mop or sponge. Gilding (involves overlaying a thin layer of gold or silver on a surface using size (glue) or amalgamation with mercury): • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Avoid using mercury, if possible. Heating the amalgam of mercury with gold and/or silver will release mercury vapor which may be toxic if inhaled. • Potential health effects from inhalation exposure to mercury include swollen gums, vomiting, diarrhea, kidney failure, bronchitis, pneumonitis, and nervous system problems. • Avoid prolonged or repeated skin contact with mercury because it may cause allergic contact dermatitis. • Ensure appropriate ventilation when working with mercury. • Carefully store mercury in closed containers and thoroughly clean up all spills with special kits. Only vacuum with equipment designed to pick up mercury. Grinding and polishing: • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Avoid using metals that may be highly toxic such as lead and cadmium. • Wear appropriate clothing and eye protection. • Ensure appropriate ventilation for this activity to avoid exposure to metal dust and fumes. • Clean by wet mopping or with a HEPA vacuum. Do not sweep dust. Melting/pouring metal: • Furnace and metal fumes may be toxic if inhaled. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Be aware of fire and thermal hazards. Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). • Ensure appropriate ventilation for this activity. • Install carbon monoxide alarms. • Furnaces can cause heat stress and emit infrared radiation. • Wear protective clothing, gloves, and eye protection. Niello (involves decorating or inlaying an incised design on metal with black metallic alloys of sumer with lead, copper or silver): • Inhalation of lead sulfide dust from grinding or lead fumes from heating is toxic. • Ensure appropriate ventilation for this activity and/or use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator. • Wear protective clothing and eye protection. 16 Patina (a green or brown coloring of metal produced by natural or chemically induced oxidation): • Numerous patina chemicals are available including ammonium sulfide, ammonium hydroxide, acetic acid, hydrochloric acid, barium sulfide, chromium VI compounds, copper compounds, ferric chloride, hydrogen peroxide, lead acetate, liver of sulfur (potassium sulfide), nitric acid, oxalic acid, potassium ferricyanide, sodium hydroxide, and zinc chloride. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Many patina chemicals may be toxic by ingestion, inhalation, and/or skin/eye contact. • Wear protective clothing and eye protection. Pickling (a method of cleaning metal using chemicals (e.g., dilute inorganic acid solutions)) : • Components may include sulfuric acid, nitric acid, hydrofluoric acid, and sodium bisulfate. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Concentrated acid solutions are corrosive and some, such as hydrofluoric acid, may cause toxicity throughout the body (e.g., hypocalcemia, metabolic acidosis, hyperkalemia, and cardiac dysrhythmias). • Avoid cyanide -containing metal cleaning solutions. • If possible, use steel wool to clean metal instead of chemicals. • Wear protective clothing, gloves, eye protection, and apron and have an eyewash fountain and emergency shower available when using concentrated acids. • Ensure appropriate ventilation for this activity and/or use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator. Soldering: • Metals (e.g., cadmium, lead, silver, antimony, and zinc), fluxes (e.g., zinc chloride, rosin, and fluoride), and cleaners/degreasers (e.g., solvents and acids) used in the soldering process may be toxic. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Use lead-free and cadmium -free solder. • Various fluxes are available including those with acid, borax, fluoride, and rosin. Do not mix fluxes because potentially toxic vapors may form. Avoid fluxes with fluoride. • Silver salts may discolor the skin, eyes, and mucous membranes. Some silver salts are irritants and others may be corrosive (e.g., silver nitrate). • Wear eye protection and gloves. • Ensure appropriate ventilation for this activity. Welding (e.g., oxyacetylene and arc welding): • Follow safety standards established by federal and state governments, and other organizations (e.g., the American Welding Society, National Fire Protection Association, and the American National Standards Institute). • Gases and fumes from gas cylinders, vaporized metals, and fluxes may be toxic if inhaled. Follow appropriate respiratory hygiene. • Byproducts from welding stainless steel have been known to be carcinogenic. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Formal training in a certified program is advisable. • Use care when handling gas cylinders (e.g., oxygen, acetylene, propane, nitrogen, carbon dioxide, etc.). • Ensure appropriate ventilation for protection from potentially dangerous gases, metal fumes, and heat. • Infrared and ultraviolet radiation generated during welding may be an eye hazard. Wear appropriate eye protection (goggles or face shield). • Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). • Noise can damage hearing. Wear fire-resistant earplugs. • Wear protective clothing and eye protection. Painting General Information/Precautions • The potential hazards from paints are primarily associated with some of the vehicles/solvents (e.g., aliphatic and aromatic hydrocarbons, ketones, and alcohols; see Solvents) and pigments (e.g., lead carbonate, chrome yellow, cobalt arsenate). • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Use premixed paints to avoid inhalation of dry pigments/dyes/powders. • Use water-based products or observe the precautions on hazard -labeled products to reduce the potential hazards from solvents. • Be aware that small amounts of formaldehyde, bleach and phenol used as preservatives in some paints may cause allergic reactions in sensitive individuals. If sensitive to these chemicals, contact the manufacturer of the paints you intend to use. • The Environmental Protection Agency (EPA) prohibited the use of mercury compounds in interior -use wall paints after July 1990 but there is no prohibition against mercury in artists' paints. • Wear protective clothing and gloves to prevent skin contact and tracking of materials to non -work areas. • Ensure appropriate ventilation, especially when spraying or airbrushing paint. It may be advisable to use a spray booth and/or use an appropriate respirator (e.g., a National Institute for Occupational Safety and Health (NIOSH) -approved respirator with an organic vapor cartridge). 17 • Close containers of paint, pigments/dyes, and solvents when not in use. • Remove paint from hands with vegetable or baby oil then wash with soap and water. • Avoid turpentine and mineral spirits. • Be aware of the flammability potential of solvents. Spray painting/airbrushing: • This category includes the use of spray guns, airbrushes, and aerosol spray cans for paint application. • The paints used may be water-based or solvent -based and contain pigments. • Use water-based paints to reduce exposure to solvents. • Aerosol spray paints sometimes contain propellants or pigments that may be toxic when inhaled (e.g., isobutanes and propane). Read the label. • Fine particulates from spraying may remain airborne up to 2 hours and may cause headaches, nausea, fatigue, and breathing problems if inhaled. • Propellants in aerosol spray products may be flammable. Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). • If possible, use outdoors or with a spray booth or a fume hood and a National Institute for Occupational Safety and Health (NIOSH) -approved respirator with an organic vapor cartridge. • Heated or punctured cans may explode. • Use clear acrylic polymer emulsion to fix drawings. Paints Acrylics (water-based): • Some contain small amounts of ammonia (as a stabilizer) and formaldehyde (as a preservative), which may cause respiratory irritation and may also cause allergies in sensitized individuals. If sensitive to these chemicals, contact the manufacturer of the paints you intend to use. • Ensure proper ventilation for this activity. Acrylics (solvent -based): • Contain solvents and are thinned/cleaned with solvents including turpentine, xylene, toluene, and methyl ethyl ketone (see Solvents). • May be toxic primarily from inhalation of the solvent vapors. • Ensure appropriate ventilation for this activity. Alkyds: • • • Contain solvents and are thinned/cleaned with solvents including turpentine, xylene, toluene, and methyl ethyl ketone (see Solvents). May be toxic primarily from inhalation of the solvent vapors. Ensure appropriate ventilation for this activity. Caseins: • Consist of dried milk, pigments, and preservatives. • Can be hazardous to people with asthma. • May be dissolved in ammonium hydroxide which may cause irritation after skin/eye contact, ingestion, and inhalation. Encaustics: • Consist of a suspension of pigments and other materials in wax. • Can be a burn hazard. • Wax decomposition materials (e.g., acrolein, formaldehyde, pigment fumes) formed from heating or torching the wax may cause respiratory irritation. • Minimize vapor formation by only heating the wax to the minimum temperature required for melting. • Avoid open flames when melting wax. Use a double boiler. • Ensure appropriate ventilation for this activity. Epoxy paints: • Consist of a pigment -containing epoxy resin, which may contain solvents such as diglycidyl ethers, and a hardener. • Hardeners may cause respiratory irritation and skin/respiratory allergies. • Diglycidyl ether may be highly toxic by inhalation, ingestion, and skin/eye contact. It may cause a number of health effects including dermal burns, severe eye, skin, and respiratory tract irritation, and skin sensitization. It is also a possible reproductive toxin in laboratory animals. • Wear gloves and goggles. • Ensure appropriate ventilation for this activity, and use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator with an organic vapor cartridge to avoid inhalation. Replace cartridge regularly. Latex paints: • Consist of water emulsions of plastic resins, pigments, and about 5 to 15% solvents including glycol ethers (see Solvents). • Glycol ethers may be toxic if ingested, inhaled, or absorbed by skin contact. • Ensure appropriate ventilation for this activity. Water-based paints: • Use formaldehyde -free products, when possible. • Some water-based paints may contain formaldehyde as a preservative which may cause allergic reactions in sensitive individuals. If sensitive to this chemical, contact the manufacturer of the paints you intend to use. • Ensure appropriate ventilation for this activity. Oils: • Contain pigments, fillers, and sometimes solvents including paint thinner, turpentine, and mineral spirits (see Solvents). When possible, choose oil paints with few or no cautionary/warning labels. • Some pigments and solvents may be toxic if ingested, inhaled, or absorbed by the skin. • Use turpentine and mineral spirits only as directed on the product warning label or use non-toxic alternatives and only use clean-up products that say they conform to 18 ASTM D4236 to ensure that you are using a clean-up product that has been properly evaluated under LHAMA. • Remove paint from hands with vegetable/baby oil or non- toxic artist's soaps and detergent cleaners rather than with solvents. • Ensure appropriate ventilation for this activity. • Use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator with an organic vapor cartridge and gloves when specified on the product label. Tempera paints: • Contain emulsions of oils, or wax, and some have egg or gum casein, and small quantities of preservatives. • Some preservatives may cause allergic reactions in sensitive individuals. Fresco paints: • Fresco is a method of applying powdered pigments mixed in limewater (a saturated aqueous solution of calcium hydroxide) to a wall of damp fresh plaster. • Powdered lime and limewater are corrosive and may be toxic by ingestion, inhalation, or skin/eye contact. • Wear gloves and goggles to protect the eyes and skin. Varnishes, lacquers: • Some contain solvents (e.g., turpentine, methanol, ethyl alcohol, toluene, and mineral spirits) which may be toxic by ingestion, inhalation, and/or by skin contact/absorption (see Solvents). • Be aware of the flammability potential of various solvents. Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). • Use gloves, ensure appropriate ventilation, and use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator with an organic vapor cartridge when specified on the product label or use non- toxic alternatives. • Dispose of solvents properly. • Remove lacquers from hands with vegetable/baby oil or non-toxic artist soaps and detergent cleaners rather than with solvents. • Wash hands with soap and water if solvents get on hands. Watercolors and gouache (opaque watercolor): • Watercolors in dry cake form contain pigments, preservatives, and binders (e.g., gum arabic and gum tragacanth). Water, glycerin, and glucose are also included in liquid watercolor formulations. • Gouache contains pigments, gums, preservatives, glycerin, and opacifiers (e.g., chalk and talc). • Some pigments may be toxic by inhalation. Avoid inhaling powders. • Gum arabic and gum tragacanth may cause skin irritation and allergies. • Some paints may contain small amounts of formaldehyde or paraformaldehyde as preservatives. If sensitive to these chemicals, contact the manufacturer of the paints you intend to use to determine if they contain preservatives. Paint stripping: • Ingredients in paint stripping formulations include solvents (e.g., acetone, methanol, and toluene; see Solvents), methylene chloride, N -methylpyrrolidone, or dibasic esters. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Methylene chloride may be toxic by inhalation, ingestion, or skin exposure. It is a possible carcinogen in humans (IARC, Group 2B), an eye, skin, nose, and lung irritant, it may be corrosive, produce adverse cardiovascular effects, cause liver and kidney damage after prolonged exposure, and is metabolized to carbon monoxide. • Those with heart, lung, and blood problems should avoid methylene chloride. • N -methylpyrrolidone may cause skin blistering/burning. • Solvent -based paint strippers are flammable. Avoid open flames and practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). • Use products with methylene chloride and/or solvents outdoors. • Ensure appropriate ventilation for this activity and use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator. • Wear appropriate gloves and goggles. • Have an eyewash and shower available. Paper and Canvases Papermaking: • Substances typically used in papermaking include alum (potassium aluminum sulfate), lye, ammonia, chlorine bleach, hydrogen peroxide, pigments, natural colorants/dyes, washing soda (sodium carbonate), acetic acid, and potassium ferricyanide. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Household solutions of chlorine bleach (5%), ammonia (< 3%), hydrogen peroxide (3%), and acetic acid (vinegar 4 to 6%) may cause skin/eye, respiratory, and mucous membrane irritation. Concentrated solutions of these chemicals are corrosive. • Washing soda and lye are corrosive. • Some pigments may be hazardous. Use pre -mixed pigments. • Identify and avoid toxic woods and plants. • Wear gloves, apron, goggles or a face shield, and have an eyewash and/or shower available. • To avoid electrocution while working with electrical equipment, use ground fault circuit interrupter (GFCI)— protected electrical outlets. 19 • Noise and debris from beaters, macerators, and blenders may cause injury. Use proper machine guards and earplugs. Marbling (involves floating paints on a layer of carrageenan gel on water): • Typically, paint adhesion is improved by sponging the paper with alum (potassium aluminum sulfate). • Some pigments and dyes may be toxic. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Alum may cause skin irritation or allergic reactions. • Mix powdered pigments in a glove box (a sealed transparent container with built-in gloves used to manipulate materials) or, when possible, use premixed paints. Photographic Materials Mixing developing powders: • Developing powders are usually highly alkaline and may cause chemical burns. Powders may be toxic by ingestion, inhalation, or skin contact. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/waming labels). • Avoid photochemicals with the greatest toxicity potential (e.g., chromic acid, cyanide, and lead). • Use a glove box (a sealed transparent container with built- in gloves used to manipulate materials) to mix powdered developers or use solutions when possible. • Ensure appropriate ventilation for this activity and/or use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator. • Wear eye protection, gloves, and an apron. • Store acids on low shelves to decrease chances of face/eye exposure in case of container breakage. • Have an eyewash and shower available. To avoid spreading the chemicals to other body parts, perform eye irrigation at low water pressure. • Avoid storing photochemicals in glass containers which may explode under pressure. Film developers: • Chemicals used in developing film include hydroquinone (a mutagen), N -methyl p-aminophenol, sodium sulfite, sodium carbonate (concentrations greater than 15% may be caustic), and potassium bromide. • Some of these chemicals may be toxic if ingested, inhaled, or absorbed by skin contact. • Many developers cause skin/eye irritation and allergic reactions (contact dermatitis). • Use tongs instead of bare hands to handle prints. • Keep an eyewash available. Stop baths: • Stop baths usually contain acetic acid and may contain potassium chrome alum as a hardener. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Potassium chrome alum may be toxic by inhalation or skin contact. • Concentrated acetic acid may be highly toxic if ingested, inhaled, or absorbed by the skin. • Avoid glacial acetic acid. If necessary, use solutions with 50% or less acetic acid. • Store acids on low shelves to decrease chances of face/eye exposure in case of container breakage. • Keep baths covered when not in use to prevent evaporation/release of potentially toxic vapors. Fixers: • Components may include hypo or sodium thiosulfate (fixing agent), acetic acid (neutralizer), sodium sulfite or sodium bisulfite (preservatives), potassium aluminum sulfate (hardener), and boric acid (buffer). • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Concentrated solutions of acetic acid may be highly toxic if ingested, inhaled, or absorbed by the skin. • Decomposition of sulfites may lead to formation of sulfur dioxide gas which may cause respiratory problems, especially in asthmatics. • Boric acid may be toxic if ingested, but it is poorly absorbed through the skin. • Ensure appropriate ventilation that removes contaminated air with exhaust above and behind trays and provides lots of fresh air. • Wear appropriate gloves and goggles. • Keep baths covered when not in use to prevent evaporation/release of potentially toxic vapors. Intensifiers and reducers: • Components of intensifiers include hydrochloric acid, potassium dichromate, potassium chlorochromate, and mercuric chloride. • Components of reducers include potassium ferricyanide (in Farmer's reducer), ammonium or potassium persulfate, potassium permanganate, and sulfuric acid. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Potassium dichromate and other hexavalent chromium compounds are human carcinogens (IARC, Group 1). • Potassium chlorochromate and potassium ferricyanide may release toxic gases (chlorine and hydrogen cyanide, respectively) when heated, combined with acid, or when exposed to strong UV light. • Mercury compounds may be toxic if ingested, inhaled, or absorbed via skin contact. • Avoid intensifiers with mercury, cyanide, or uranium. • Hydrochloric acid, potassium dichromate, potassium chlorochromate, and sulfuric acid are corrosive. • Potassium permanganate and ammonium persulfate are powerful oxidizers which may cause fires or explosions 20 when in contact with organic or other oxidizable materials. • Wear appropriate gloves and goggles. • Ensure darkroom ventilation that provides lots of fresh air and exhausts contaminated air at the rate of at least 10 room volume changes per hour. Toners: • The toning process involves replacing silver in a print with another metal (e.g., gold, brown silver sulfide, selenium, uranium lead, cobalt, platinum, or iron). Toners may also contain thiourea. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Sulfides may release toxic hydrogen sulfide gas during toning or when combined with acid. • Selenium may release sulfur dioxide gas and in combination with acid may form hydrogen selenide gas. • Gold and platinum salts are skin sensitizers. • Use appropriate gloves, goggles, a respirator, or a glove box, and ensure appropriate ventilation for this activity. • Ensure sulfide and selenium toners are not contaminated with acids. • Rinse prints well between bleaching and developing. • Always dilute acid by adding acid to water. • Do not add acid to bleach and do not heat acid. • Wear appropriate gloves, goggles, and an acid -proof apron. • To avoid electrocution while working with electrical equipment and various solutions, use ground fault circuit interrupter (GFCI) -protected electrical outlets. Plastic Potentially hazardous components used to make plastic include monomers (e.g., methyl methacrylate), initiators (e.g., organic peroxides: methyl ethyl ketone peroxide, benzoyl peroxide, etc.), and other additives (e.g., plasticizers, solvents, etc.). Acrylic resins: • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Methyl methacrylate is a moderate irritant and sensitizer. It may be toxic if inhaled or following skin contact. • Benzoyl peroxide (an initiator or hardener) is an allergen and it may also irritate the skin, eyes, and mucous membranes. It is also flammable. • Avoid inhaling acrylic polymers. Use appropriate gloves and a dust mask/respirator and ensure appropriate ventilation for this activity. Amino and phenolic resins (e.g., urea formaldehyde and phenol formaldehyde): • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Formaldehyde may be toxic by ingestion, inhalation, or skin contact. It is a probable human carcinogen (IARC, Group 2A). Avoid exposure to formaldehyde. • Phenol may be toxic by ingestion, inhalation, or skin contact. • Carbon monoxide, cyanide (from amino resins), and formaldehyde gas can be released from machining (e.g., sanding, sawing, drilling) or heating the cured resins. • Use appropriate gloves, and ensure appropriate ventilation for this activity. Epoxy resins: • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Amine -containing epoxy hardeners may be toxic if inhaled or absorbed via skin contact. • Solvents (e.g., glycidyl ethers) in epoxies may be toxic (see Solvents). • Epoxy resins may irritate the skin and lungs, and may also cause allergies. • If fiberglass is used with epoxies for reinforcement, avoid fiberglass dust which may cause respiratory and skin irritation. • Use appropriate gloves, goggles, and ensure appropriate ventilation. Polyester resins: • Contents include a cross-linking agent (e.g., styrene), an initiator (e.g., organic peroxides: methyl ethyl ketone peroxide or MEK-P) and fiberglass. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Styrene may be toxic via inhalation or skin contact. It is possibly carcinogenic in humans based on evidence in animals (IARC, Group 2B). • Methyl ethyl ketone peroxide (MEK-P) may be toxic by inhalation, ingestion, or skin/eye contact. It may be absorbed by the skin and may cause serious eye damage or blindness. Concentrated solutions may be corrosive. • Handle MEK-P carefully. Do not mix with certain solvents (e.g., acetone or accelerator) because it may form an explosive mixture. Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). • Fiberglass dust may cause respiratory and skin irritation. • Use appropriate gloves, goggles, respirator, protective clothing, and ensure appropriate ventilation for this activity. Polyurethane resins: • Other components may include isocyanates, metal salts, and amine initiators. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Isocyanates are respiratory/skin/eye irritants and sensitizers. Avoid products with isocyanates. 21 • Do not heat urethane plastics. Heating may release toxic gases (e.g., carbon monoxide, hydrogen cyanide). • Polyurethane resins are not recommended for those with allergies, respiratory and/or cardiac problems. • Use appropriate protective clothing, gloves, and goggles. • Use appropriate exhaust, a spray booth, and an air - supplied respirator. Silicones & natural rubber: • Substances in silicone resin systems include acetic acid, methanol, acetone, methylene chloride, peroxides, and ethyl silicate (see Solvents). • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Methanol and acetic acid vapors released during the curing process may be toxic if inhaled. • Methylene chloride may be toxic by inhalation, ingestion, or skin exposure. It is a possible carcinogen in humans, an eye, skin, nose, and lung irritant, it may be corrosive, produce adverse cardiovascular effects, cause liver and kidney damage after prolonged exposure, and is metabolized to carbon monoxide. • Avoid methylene chloride if you have heart, lung, and/or blood problems. • Silicone resin systems may cause skin damage. • Natural rubber latex contains isoprene, natural proteins (which may cause serious allergies) and may contain solvents such as n -hexane (see Solvents) or other additives. n -Hexane may be toxic by inhalation causing neurologic effects such as headache, dizziness, numbness, and central nervous system depression. n -Hexane may also be irritating to the eyes, skin, and mucous membranes. • Ensure appropriate ventilation for this activity. • Wear appropriate gloves and goggles. Organic peroxides: • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Methyl ethyl ketone peroxide (MEK-P) may be toxic by inhalation, ingestion, or skin/eye contact. It may be absorbed by the skin and may cause serious eye damage or blindness. Concentrated solutions may be corrosive. • Handle MEK-P carefully. Do not mix with certain solvents (e.g., acetone or accelerator) because it may form an explosive mixture. Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). • Benzoyl peroxide is an allergen. It may also irritate the skin, eyes, and mucous membranes. It is also flammable. • Cumene hydroperoxide may irritate the skin, eyes, and mucous membranes and it is a known skin sensitizer. • Organic peroxides are reactive and unstable and should not be heated, exposed to direct heat or sunlight, mixed with other materials (e.g., solvents or accelerators), stored in clear glass, or kept in large quantities. • Wear appropriate gloves, goggles, and protective clothing. • Ensure appropriate exhaust, and use a respirator. • Soak tools and containers that have been in contact with organic peroxides in water before disposal. Ensure proper disposal at a hazardous waste facility. Finished plastic (sheets, films, beads, or blocks): • Heating or cutting plastics may release potentially toxic decomposition products (e.g., polyvinyl chloride may produce hydrochloric acid vapors and nylon may produce hydrogen cyanide gas). • Solvents may be toxic (see Solvents). • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Dust generated from cutting plastics may contain a number of additives including plasticizers (e.g., phthalates), stabilizers, adhesives (with solvents), and colorants. • Polymer dusts may irritate the lungs. • Use appropriate gloves, goggles, dust mask or respirator. • Ensure appropriate ventilation for this activity. • Clean up with a vacuum or wet mop. • Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). Styrofoam: • Gases released from heating or burning styrofoam may be toxic. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). Printmaking Techniques include lithography, intaglio, silkscreen, and relief. Inks Pigments/dyes: • Some ink pigments (e.g., chrome- or cobalt -containing) and dyes may be toxic. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/waming labels). • Avoid lead -containing pigments. • Use premixed and water-based inks when possible. • Use a glove box (a sealed transparent container with built- in gloves used to manipulate materials), or a toxic dust respirator, and ensure appropriate ventilation when working with powdered pigments. • Do not sweep powders. Use a wet mop to clean spills. • Wear appropriate gloves or use barrier cream to protect hands. 22 Vehicles/modifiers: • Common vehicles include mixtures of oils, solvents and oils, and polymer emulsions. Additives include stabilizers, preservatives, plasticizers, and fillers. • Modifiers such as oils, solvents, driers, antiskinning agents, tack reducers and stiffeners (e.g., petroleum jelly and vegetable shortening), may be added to vehicles to alter their performance (e.g., drying time). • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Avoid driers with lead or manganese. • Solvents may be toxic by inhalation, ingestion, or skin absorption. • Some vehicles may be flammable, so avoid open flame and place oil -soaked rags in special disposal cans or pails of water. • Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). • Use appropriate gloves, goggles, dust mask or respirator. Lithography (involves drawing on metal plates or stone with grease -based crayons/ink then washing the plate/stone with a solution so that only the image area is receptive to ink and will be printed when pressed to paper): Drawing materials: • Solvents (e.g., turpentine) in lithographic tusches may be toxic by inhalation, ingestion, or skin absorption (see Solvents). • Lithographic crayons/pencils may contain pigments (e.g., lead chromate, lampblack, zinc chromate) which may be toxic and/or have carcinogenic potential. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/waming labels). • Avoid lead -containing pigments. • Avoid skin contact with solvents and lampblack. Wear appropriate protective clothing and gloves. • Ensure appropriate ventilation, and use a National Institute for Occupational Safety and Health (NIOSH) - approved respirator when airbrushing. Stone or metal plate processing: • Substances used in stone or plate processing include acids, rosin dust, talc, dichromate salts, solvents, and solvent -based vinyl lacquers. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Avoid asbestos -contaminated talcs. • Some etching solutions contain acids (e.g., hydrochloric acid, nitric acid, and hydrofluoric acid). • Dutch mordant, an etching product containing potassium chlorate, hydrochloric acid and water, is corrosive. Toxic chlorine gas is released during preparation. • Nitric acid may ignite/combust when mixed with other materials including some acids, solvents, or sawdust. Also, etching with nitric acid may release nitrogen dioxide which may be toxic by inhalation. • Concentrated acid solutions are corrosive and some may cause burns and systemic toxicity (e.g., hydrofluoric acid). • Dichromate salts are corrosive and may be toxic by ingestion, inhalation, and skin contact. Hexavalent chromium compounds are known human carcinogens (IARC, Group 1). • Avoid etches with concentrated acids (e.g., hydrofluoric acid or nitric acid) and counter -etches and fountain solutions with dichromate salts. Use prepared etches when possible. • Rosin dust may cause allergic reactions (e.g., asthma and dermatitis) in sensitive individuals. • Store acids separately from other materials. • Dilute acid by adding acid to water. • Wear appropriate protection (e.g., gloves, goggles, and apron) and have an eyewash fountain and emergency shower available when using concentrated acids. • Ensure appropriate ventilation for the particular product (e.g., solvent, acid, etc.). You may need an exhaust hood, a window exhaust fan, and/or a National Institute for Occupational Safety and Health (NIOSH) -approved respirator. • Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). Stone cleaning: • Phenol, caustic soda (sodium hydroxide), and mixtures of gum arabic and phosphoric acid are used to clean stones. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Phenol and caustic soda (sodium hydroxide) are corrosive and may be toxic by ingestion, skin contact/absorption, and inhalation. • Remove phenol quickly after skin contact with undiluted polyethylene glycol 300 to 400 (PEG 300 or PEG 400) or isopropyl alcohol. Use soapy water for washing, not water alone. • If possible, avoid products with phenol and caustic soda. • Use appropriate gloves, goggles, respirator, and apron. Photolithography (the transfer of a graphic image to an emulsion -coated stone or metal plate): • Components of the emulsions used include powdered albumin, ammonia, water, ammonium dichromate, diazo compounds, and plate conditioners with strong alkali. Solvents may be a component of the developing solutions. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Solvents may be toxic and/or flammable (see Solvents). • Strong alkali (e.g., concentrated ammonia) is corrosive and may be toxic by ingestion, inhalation, and skin/eye contact. Ammonia may be irritating at low concentrations (< 3%). 23 • Ammonium dichromate is corrosive and may be toxic by ingestion, inhalation, and skin/eye contact. • Hexavalent chromium compounds are known human carcinogens (IARC, Group 1). • Ammonium dichromate is flammable and a strong oxidizer. • Carbon arc lights used in photolithography generate potentially toxic fumes (e.g., nitrogen dioxide, carbon monoxide, metal, and ozone) and ultraviolet (UV) radiation. Avoid using these lights or ensure appropriate ventilation for this activity. • Use gloves, welding goggles (for protection against UV radiation), an exhaust hood, plastic apron, and a National Institute for Occupational Safety and Health (NIOSH) - approved respirator (for mixing powders and/or spraying photoemulsions). • Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). Intaglio (the etching/engraving of an image onto a metal plate followed by the addition of ink into the depressions and then the transfer of the image to paper): • Intaglio involves the use of etches (e.g., acids, Dutch mordant, ferric chloride) and resists (to protect unetched plate areas) such as stopout varnishes containing solvents, and grounds with asphaltum dust, and rosin dust, or spray paints for aquatinting. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/waming labels). • Rosin dusts and asphaltum dusts may cause respiratory effects (e.g., irritation) if inhaled. Rosin may cause allergic reactions (e.g., asthma and dermatitis) in sensitive individuals. • When confined in an aquatint box (a sealed box in which one creates a cloud of resin dust) resin or asphaltum dust may explode from sparks or static electricity. Use an explosion -proof box when using these dusts. • Solvents may be toxic by inhalation, ingestion, or skin/eye contact and some solvents are flammable (see Solvents). • Ferric chloride may cause respiratory, skin, and eye irritation. • Dutch mordant, an etching product containing potassium chlorate, hydrochloric acid and water, is corrosive. Toxic chlorine gas is released during preparation. Avoid using Dutch mordant or use with extreme caution. • Acids used for etching are corrosive and may cause systemic toxicity (e.g., hydrofluoric acid). • Nitric acid may ignite/combust when mixed with other materials including some solvents and acids. Also, etching with nitric acid may release nitrogen dioxide which may be toxic by inhalation. • Use extreme caution when using concentrated acids. Wear appropriate protection (e.g., gloves, goggles, and apron) and have an eyewash fountain and emergency shower available. • Store acids separately from other materials. • Dilute acid by adding acid to water. • Ensure appropriate ventilation when acid etching and applying stopouts or grounds. • Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). Photoetching (involves using photoresist dye, developers, and ultraviolet lamps): • Photoresist dyes and developers typically contain solvents including various glycol ether acetates, xylene, and benzaldehyde These may be toxic when ingested, inhaled, or absorbed via skin contact. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Some methylene and ethylene ether acetates may cause adverse reproductive effects (e.g., birth defects, low sperm counts). • Carbon arc lights generate potentially toxic fumes (e.g., nitrogen dioxide, carbon monoxide, metal, and ozone) and ultraviolet (UV) radiation. Avoid using these lights or ensure appropriate ventilation for this activity and wear welder's goggles. • Ensure appropriate ventilation for this activity and wear appropriate gloves (e.g., butyl rubber) and a National Institute for Occupational Safety and Health (NIOSH) - approved respirator. Drypoint, engraving, and mezzotint (involves using sharp tools to make lines in metal plates): • Metal dust generated may be irritating when inhaled. Use a respirator or appropriate mask for protection. • Repetitive movements from long-term tool use may cause carpel tunnel syndrome. • Rest frequently, avoid gripping the tools tightly, and set an appropriate work table height to avoid repetitive strain injuries. • Avoid laceration injuries by using a clamp plate to prevent slipping, cutting away from the body, keeping tools sharp, and storing tools with guards. Relief printing (involves cutting away areas of materials, such as wood, linoleum, or acfylic, while the remaining surface is inked and printed): • Inks used in relief printing contain pigments (see Printmaking), solvents (see Solvents), and other materials that may be toxic. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Use water and non-toxic inks, water-soluble glues, liquid wax, rubber, or paper resists. Use low temperatures to heat linoleum. Avoid open flame. • Use the appropriate gloves, goggles, protective apron, and ensure appropriate ventilation for this activity. 24 • Prevent carpel tunnel syndrome by resting frequently and avoiding tight gripping of the cutting tools. • Avoid laceration injuries by cutting away from the body, using bench hooks while carving, and storing tools with guards in place. Screen printing (involves stenciling or blocking with a resist on a framed screen and then applying ink through the screen to paper): • Inks used in screen printing contain pigments (see Printmaking), solvents (see Solvents), and other materials that may be toxic and or hazardous (e.g., flammable). • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Stencil films may be attached or removed from screens with water-based or solvent -based products (see Solvents). • Products made to resist inks known as "resists" may be solvent -based (e.g., containing lacquers, shellacs, polyurethane varnishes, see Solvents) or water-based. • When possible use water-based products (i.e., inks, emulsions, resists, etc.). • Screen cleaners contain solvents (see Solvents). Use care when cleaning or use disposable screens. Do not put solvent -soaked rags in open waste cans; place in covered metal cans to prevent combustion. • Ensure appropriate ventilation for this activity and/or use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator particularly when using solvent -based products. • Diazo photoemulsions may cause eye irritation, but are safer than emulsions with ammonium dichromate, a human carcinogen (IARC, Group 1), which is also flammable and may be toxic by ingestion, inhalation, and skin/eye contact. • Carbon arc lights generate potentially toxic fumes (e.g., nitrogen dioxide, carbon monoxide, metal, and ozone) and ultraviolet (UV) radiation. Avoid using these lights or ensure appropriate ventilation for this activity and wear welder's goggles. • Wear appropriate gloves and goggles. • Store solvents in proper containers. • Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). Collagraphs (prints made by gluing a collage of materials to a rigid support): • Glues, fixatives, and other materials are used to make collagraphs. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Glues may contain solvents that may be toxic if inhaled and flammable. Avoid glues with solvents (see Solvents); use water-based glues. • Spray fixatives used to seal collagraph plates may also contain solvents which may be hazardous when inhaled. If possible, brush on fixatives. • Dust generated from sanding collagraph plates may irritate the lungs if inhaled. Use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator when sanding. • Wear appropriate gloves and ensure appropriate ventilation for this activity. • When spraying fixatives, use a spray booth that exhausts to the outside or spray outdoors. Plastic prints: • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Avoid inhalation of plastic resin vapors and decomposition fumes when working with plastic. • Avoid solvent -based inks and other products. Use water- based products. • Ensure appropriate ventilation for this activity or use a National Institute for Occupational Safety and Health (NIOSH) -approved respirator with organic vapor cartridges. Presses: • Keep hands and loose clothing out of the way to prevent injury. Sculpture • Plaster or plaster of paris contains calcium sulfate which occurs naturally as gypsum. Other substances may be added: 1) to hasten (e.g., salt or potassium alum) or delay (e.g., borax, diluted acetic acid, or burnt lime) setting of the plaster; and 2) to provide texture (e.g., silica sand, vermiculite, coarse stone). • Polymer clays consist of fine particles of polyvinyl chloride suspended in plasticizers. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Plaster (calcium sulfate) dust may be irritating to the skin, eyes, mucous membranes, and respiratory tract. • Casting body parts may cause thermal burns from the heat released during setting. Alternatively, use white petrolatum (e.g., petroleum jelly) to protect the skin then apply plaster -impregnated bandages. • Potassium alum may cause skin irritation or allergic reactions. • Concentrated solutions of acetic acid (100%) are corrosive and may be highly toxic if ingested, inhaled, or absorbed by the skin. • Borax and lime may be toxic if ingested, inhaled, or absorbed by the skin. • Silica sand and vermiculite dust may be toxic if inhaled. • When working with plaster, use an appropriate dust mask, vacuum, and wet mop. Avoid sweeping. Protect hands with gloves. 25 • When modeling or carving stone or plaster, carve away from the body and wear goggles to protect the eyes from flying chips of the sculpture material. • Benzine (petroleum ether), a component of mold releases, is flammable and may be toxic if ingested, inhaled, or absorbed by the skin. • Methods for finishing plaster include painting (with paint, powdered pigments, or the addition of dyes to the plaster), preparing patinas with shellac/acrylic sprays or mixtures containing water, glue, lacquer, alcohol, or bronzing liquids. • Lacquers contain solvents that may be flammable and toxic if inhaled (see Solvents). • To avoid inhalation of powdered pigments/dyes and solvents when spraying, use an appropriate dust mask, gloves, goggles, spray booth, and a respirator. Ensure appropriate ventilation and keep solvents away from flame. Alternatively, brush or dip plaster instead of spraying. • Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). Solvents Solvents may be a component of art materials (e.g., inks, varnishes, paints, glues, etc.) and may also be used for cleaning paint brushes, tools, and other equipment in the studio or workplace. Chemical classes of solvents include: alcohols, ketones, hydrocarbons (e.g., aromatic, chlorinated, and aliphatic), and glycol ethers. Depending on the solvent, toxicity may result from inhalation, ingestion, aspiration, and/or dennal contact/absorption. Also, the toxic effects may vary depending on whether the exposure is acute (short tern) or chronic (long term). While there are some general toxic effects associated with many solvents (i.e., central nervous system (CNS) effects such as depression, dizziness, and confusion), other effects may be more specific to a particular solvent (e.g., benzene is a known human carcinogen). Additionally, some solvents are flammable and may present a fire hazard. Practice fire prevention (e.g., store combustibles away from heat, install sprinklers, obtain a fire extinguisher, etc.). The following is a list of some solvents found in art and craft supplies. This list is not exhaustive. Acetone is highly flammable. Potential health effects include respiratory irritation, central nervous system depression, respiratory depression, hyperglycemia, and ketonemia. Two to three milliliters (— '/z teaspoon) per kilogram may be considered a toxic oral dose in children (Poisindex, 2004). Alcohol (ethanol) is highly flammable. Potential health effects include: upper respiratory tract irritation, CNS depression, hypoglycemia, and acidosis. Three grams/kilogram is a lethal oral dose in children (Poisindex, 2004). Benzene is an aromatic hydrocarbon that is a known human carcinogen (IARC, Group 1). It is highly flammable and potential health effects include CNS effects (e.g., confusion, fatigue, dizziness), aplastic anemia, and liver toxicity. Ten milliliters (two teaspoons) is the estimated lethal oral dose (Poisindex, 2004). Carbon Tetrachloride is a chlorinated hydrocarbon that may be highly toxic by inhalation, ingestion, and dermal exposure. Systemic toxicity may occur after a dermal exposure (Poisindex, 2004). Potential health effects include liver and kidney damage, gastrointestinal effects (e.g., burning pain, nausea, vomiting, diarrhea, etc.), CNS effects (e.g., dizziness, confusion, seizures, coma, etc.), cardiovascular effects, and pulmonary edema. Also, it is possibly carcinogenic to humans (IARC, Group 2B). Ingestion of 3 to 5 milliliters (- 3/5 to 1 teaspoonful) has resulted in death (Poisindex, 2004). Avoid using products with carbon tetrachloride. Citrus oil (limonene) is highly flammable. Potential health effects include skin irritation, skin sensitization, dizziness, hematuria and albuminuria after large oral doses, and pneumonitis if aspirated. Gasoline is highly flammable and toxic and may also contain additives that are toxic (e.g., benzene). It is also an aspiration hazard, which may lead to chemical pneumonitis and pulmonary edema. Inhalation of vapors may cause a number of effects including dizziness, headaches, and nausea. Glycol ethers have been shown to produce teratogenic and reproductive effects in animals. Potential health effects include hematologic effects (e.g., anemia), kidney toxicity, and CNS depressant effects. Hexane is highly flammable. Potential health effects include: CNS depression, neurological damage, chemical pneumonitis or pulmonary edema if aspirated, and skin/eye/mucous membrane irritation. Kerosene is highly flammable and an aspiration hazard, which may lead to chemical pneumonitis and pulmonary edema. Methanol is highly flammable and may cause effects such as delayed metabolic acidosis, blindness, and death. Ingestion of 0.25 milliliters/kilogram of 100% methanol may produce serious toxicity and 0.5 milliliters/kilogram may be lethal (Poisindex, 2004). Mineral spirits are highly flammable and an aspiration hazard which may lead to chemical pneumonitis and/or pulmonary edema. Toluene is highly flammable. Potential health effects include reproductive toxicity, neurologic, liver, and kidney damage, and drying/defatting of the skin. Acute inhalation may cause ataxia, giddiness, hypoxia, cardiac dysrhythmia, and transient euphoria followed by CNS depression. 26 Turpentine is highly flammable and an aspiration hazard which may lead to chemical pneumonitis and pulmonary edema. Other potential health effects include CNS depression, dizziness, headaches, diarrhea, vomiting, and seizures. Xylene is highly flammable. Potential health effects include respiratory/skin/eye/mucous membrane irritation, renal impairment, defatting dermatitis, and CNS depression. Textiles Fibers Animal fibers (includes angora, camel hair, horsehair, wool, others): • A risk of anthrax exists from wool or hair from diseased animals. Use prewashed and disinfected fibers. • Fibers contaminated with molds, spores, etc. may cause allergic reactions or possibly disease. Vegetable fibers (cotton, flax, hemp, jute, sisal, others): • Chronic exposure may lead to lung disease, chronic bronchitis, and emphysema which may be caused by fungus, mildew, dyes, fiber treatments, etc. • Flax is toxic if inhaled. Synthetic fibers (acetate, acrylics, nylon, polyester, rayon, triacetate, others): • Inhalation of dusts may cause respiratory effects. • Avoid formaldehyde -treated fibers. Precautions when working with fibers: • Store in a clean, dry location. • Avoid dust. Ensure appropriate ventilation, and use a dust mask, a vacuum, and a wet mop. • Buy washed and disinfected fibers when possible. • Eye strain and joint pain are commonly experienced with sewing and needlework crafts. Take regular breaks and avoid prolonged repetition by varying techniques and motions. • Consider periodic pulmonary function testing to monitor possible adverse effects on lungs. Dyeing: • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Classes of dyes include acid, azoic, basic, direct, disperse, fiber reactive, mordant, and vat. • Acids (e.g., glacial acetic and sulfuric) and bases (e.g., lye) used in some classes of dyeing are corrosive and may cause bums. • Some dyes may be allergens or carcinogenic [e.g., benzidine, a component of direct or azo dyes, is carcinogenic to humans (IARC, Group 1)]. Use caution when handling dyes. When possible, use premixed dyes. Otherwise, mix powders in a glove box (a sealed transparent container with built-in gloves used to manipulate materials), hood, or use a respirator. • Follow the necessary precautions when using pigments containing lead. • Some vat dyes must be oxidized with dichromate salts to produce color. Dichromate salts are corrosive and may be toxic after an exposure. Hexavalent chromium compounds are human carcinogens (IARC, Group 1). If possible, oxidize with heat and air instead. • Batik dyeing involves using heated wax and possibly solvents (see Solvents) for wax removal. Be aware of potential fire hazards and the emission of irritating vapors from heating the wax. Ensure appropriate ventilation for this activity. • Discharge dyeing involves removing colors from fabric with bleach or other chemicals. Household bleach (5%) may be irritating to the eyes, skin, mucous membranes, and respiratory tract. Do not heat bleach solutions or add ammonia or acid to bleach. • Use a canopy hood over a dye bath. • Wear appropriate gloves, goggles, respirator, and protective clothing when dyeing. • To avoid skin/eye exposures, be careful not to splash when tie dying. • Avoid sweeping. Use a HEPA vacuum or a wet mop to clean. Waxes • Various waxes are used for sculpting, casting, making candles, etc. including beeswax, carnauba, tallow, synthetic chlorinated, and paraffin. Wax additives include rosin, dyes, and solvents. Also, solvents used to dissolve wax include alcohol, acetone, and turpentine. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Avoid using synthetic chlorinated waxes. • Be aware of the potential hazards associated with solvents (see Solvents). Choose the safest solvent and use the least amount necessary for the job. Avoid carbon tetrachloride. • Wax becomes a potential hazard when it is overheated and releases vapors (e.g., acrolein, wax fumes, and formaldehyde) which may cause lung irritation and other respiratory problems. Also, overheated wax may explode near an open flame or from a spark. Avoid overheating wax. Do not use an open flame to melt wax. • Use appropriate protection and ensure appropriate ventilation when working with wax and solvents. Woodworking Includes framing, sculpting, furniture -making, etc., using various types of hard and soft woods, exotic woods, plywood, composition board, etc. Hardwoods and Softwoods: • Wood dust contains a variety of substances including cellulose, lignin, fatty acids, sterols, alcohols, terpenes, tannins, and alkaloids. 27 • Become familiar with the potential toxic effects associated with a particular wood type. • Inhalation of wood dust may irritate the lungs and cause other respiratory effects. • Occupational exposures (e.g., furniture and cabinet- making) to some hardwood dusts have been associated with cancer of the nasal cavities and sinuses (IARC, Group 1). • Numerous hardwood dusts (particularly from exotic woods) are sensitizers which may cause allergic reactions such as dermatitis, hay fever, conjunctivitis, and asthma. When possible use common woods rather than exotic woods. • Constituents of some hardwoods may cause a number of effects including headaches, nausea, cardiac symptoms, etc. • Avoid inhaling wood dust by using a National Institute for Occupational Safety and Health (NIOSH) -approved toxic dust respirator or ensure appropriate ventilation. • Use gloves or barrier cream to protect hands. Plywood and composition boards (contain glues/adhesives with urea formaldehyde or phenol formaldehyde): • Formaldehyde may be toxic by ingestion, inhalation, or skin/eye contact. Potential health effects include respiratory, eye, and skin irritation/burning depending on the concentration, allergic reactions (e.g., dermatitis), nausea, vomiting, seizures, and CNS depression. Also, formaldehyde is probably carcinogenic to humans (IARC, Group 2A). • Decomposition from working with (e.g., sanding, machining, etc.) plywood/composition boards may release vapors such as carbon monoxide, hydrogen cyanide, formaldehyde, and phenol. • If possible, use wood products with a low formaldehyde content. • Store wood in a well -ventilated area. • Exhaust dust to the outdoors. Wood preservatives: • Preservatives and pesticides are sometimes applied to wood under pressure to protect it from dry rot, termites, etc. Such chemicals are potentially toxic. • Be aware of the chemicals in the wood you use. Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Look for the most current information on any potentially hazardous components. • To avoid inhalation or skin/eye exposures, do not machine (e.g., sand, saw, drill, etc.) or burn preserved wood that contains potentially toxic chemicals. Gluing wood: • Glues used for wood include epoxies, contact adhesives, cyanoacrylates, and formaldehyde -resin. • Read the product label. When possible, choose the safest materials available (e.g., those with few or no cautionary/warning labels). • Some contact adhesives and other glues (some epoxies) contain solvents (e.g., n -hexane) that may be toxic if inhaled and are also flammable (see Solvents). Avoid glues with solvents; use water-based glues. • Cyanoacrylate found in instant glue may cause adhesion of skin and/or mucous membranes (e.g., eyelids, etc.). • Formaldehyde may be toxic by ingestion, inhalation, or skin/eye contact. Potential health effects include respiratory, eye, and skin irritation/burning depending on the concentration, allergic reactions (e.g., dermatitis), nausea, vomiting, seizures, and CNS depression. Also, formaldehyde is probably carcinogenic to humans (IARC, Group 2A). • Avoid formaldehyde -resin glues. • Wear appropriate protection. Use gloves, barrier cream, goggles, and a National Institute for Occupational Safety and Health (NIOSH) -approved toxic dust mask. • Ensure appropriate ventilation for this activity. • Avoid smoking, open flames, or other ignition sources when using glues containing flammable solvents. References ACMI (1998). Guidelines for the Safe Use of Ceramic Art Materials. Hanson, MA. ACMI (2006). What You Need to Know About the Safety of Art and Craft Materials. Hanson, MA. http://www.acminet.org/Safety.htm Ellenhorn's Medical Toxicology (1997), Diagnosis and Treatment of Human Poisoning. Second Edition. Williams and Wilkins. Hazardous Substances Data Bank (HSDB) (2004). (www.toxnet.nlm.nih.gov). International Agency for Research on Cancer (IARC) monographs (2004). (www.iarc.fr). McCann, M. (1992). Artist Beware. New York: Lyons & Burford Publishers. National Personal Protective Technology Laboratory (2004). http://www.cdc.gov/niosh/npptl/default.html Occupational Safety and Health Administration (2003). Personal Protective Equipment, publication 3151-12R. Washington, DC: U.S. Department of Labor. http://www.osha.gov/Publications/osha3151.pdf Poisindex (2004), Micromedex, Inc. Rosso', M. (2001). The Artist's Complete Health and Safety Guide. New York: Allworth Press. Thompson, F. M. & Thompson, P. G. (1990). Arts and crafts. In Health and Safety Beyond the Workplace. (L. T. Cralley, L. 28 J. Cralley, & W. C. Cooper (Eds). New York: John Wiley & Sons, Inc. p. 9-32. Glossary Acute exposure — a short term exposure (usually less than 24 hours) to a substance or chemical. Albuminuria — the presence of albumin (a protein that can be dissolved in water) in the urine. Anemia — a condition characterized by a reduction in red blood cells and hemoglobin. Aplastic anemia — anemia caused by a lack of cell production in the bone marrow. Asbestosis — formation of fibrous tissue in the lungs as a result of prolonged inhalation of asbestos dust. Ataxia — loss of muscle coordination. Benign pneumoconiosis — any lung disease caused by dust inhalation, particularly mineral dusts. Bronchitis — inflammation of the mucous membrane of the airways. Carcinogen/Carcinogenic — any agent or substance which causes cancer. Cardiac dysrhythmia — disordered heart rhythm. Chemical pneumonitis — lung inflammation produced by aspiration of certain chemicals (e.g., petroleum distillates, lacquer thinner, etc.). Chronic exposure — a long term exposure (usually greater than 3 months) to a substance or chemical. Contact dermatitis — a condition caused by direct injury to the skin via the irritant effect of a substance or by sensitization (see definition of sensitizer below) to a substance that contacts the skin. Corrosive — a substance capable of destroying tissue on contact. Defatting dermatitis — an inflammatory skin condition caused by the removal of natural skin oils. Emphysema — a condition of the lung characterized by distension, progressive loss of elasticity, and eventual rupture of the alveoli (the smallest components of the lungs where air is exchanged with the blood) and accompanied by labored breathing, a husky cough, and frequently by impairment of heart action. Feather picker's disease — a condition characterized by fever, chills, nausea, coughing, and headaches. Fibrosis — formation of fibrous tissue as a reaction to a substance. Hematologic — related to the blood or blood -forming tissues. Hematuria — blood in the urine. Hyperglycemia — elevated blood sugar. Hypoglycemia — decreased blood sugar. 29 Hypoxia — a deficiency of oxygen reaching body tissues. IARC categories on carcinogenic risks to humans — Group 1: The agent (mixture) is carcinogenic to humans. Group 2A: The agent (mixture) is probably carcinogenic to humans. Group 2B: The agent (mixture) is possibly carcinogenic to humans. Group 3: The agent (mixture) is not classifiable as to carcinogenicity in humans. Group 4: The agent (mixture) is probably not carcinogenic to humans. Ketonemia — a condition characterized by an abnormal elevation of ketone bodies (a product of the bodies metabolism) in the circulating blood. Metabolic acidosis — acidosis (reduced alkalinity of the blood) caused by excess acid from abnormal metabolism, excessive acid intake, renal retention, or from excessive loss of bicarbonate (as in diarrhea). Metal fume fever — an acute allergic condition caused primarily by the inhalation of zinc oxide or magnesium oxide fumes. Mutagen — an agent that promotes a genetic mutation. Pneumonitis — inflammation of the lungs. Pulmonary edema — an abnormal accumulation of fluid in the lungs. Resin — a man-made polymer made from the chemical reaction of two or more substances, usually with heat or a catalyst, or an organic substance formed in plant secretions. Rosin — a solid form of resin. Sensitizer — a substance that upon subsequent exposure will cause an allergic response in a susceptible individual. Silicosis — a condition caused by prolonged inhalation of silica dusts, which is characterized by massive fibrosis of the lungs leading to shortness of breath. Systemic — affecting the entire body. Synergistic — an interaction of substances such that the total effect is greater than the sum of the individual effects. Teratogenic — causing birth defects. Toxicity — of, relating to, or caused by a poison or toxin. Volatile — evaporates readily at room temperature. References Merriam -Webster Online Dictionary, www.merriam-webster.com, 2004. Taber's Cyclopedic Medical Dictionary. Index Gouache 18 A Acrylic resins 20 H Acrylics 17 Hardwoods 27 Airbrushing 17 I Alkyds 17 Amino & phenolic resins 20 Inks 13, 22 Antiquing 14 Intaglio 23 Intensifiers 20 B Bones 15 C Joystick 12 Caseins 17 K Cementing 14 Keyboard 12 Chalk 12 Kick wheels 12 Charcoal 12 Kilns 12 Clay 11 L Collagraphs 24 D Lacquers 18, 25 Latex paints 18 Disposal 3, 8 Leather 14 Drawing 12 Lithography 22 Drawing materials 22 M Drypoint 24 Dyes 22 Marbling 19 Markers 13 E Metal plate processing 22 Encaustics 18 Metals Engraving 23, 24 Anodizing 15 Epoxy paints 18 Forging 15 Epoxy resins 21 Foundry 15 F Gilding 16 Grinding and polishing 16 Feathers 15 Melting/pouring 16 Fibers 26 Niello 16 Animal fibers 26 Patina 16 Dyeing 26 Pickling 16 Synthetic fibers 26 Soldering 16 Vegetable fibers 26 Welding 16 Film developer 19 Mezzotint 24 Finished plastic 22 Monitors 12 Fire safety 7 Mouse 12 First aid 10 N Eye exposure 10 Inhalation 10 Natural rubber 21 Skin exposure 10 0 Swallowed 10 Fixer 20 Oils 18 Fresco 18 Organic peroxides 21 G P Glass Paint stripping 19 Decorating glass 14 Painting 17-19 Stained glass 14 Papermaking 19 Glass 13, 14 Pastels 13 Glazes 11 Pencils 13 Glossary 29 Pens 13 Gluing wood 27 Photoetching 24 30 Photolithography 23 Gasoline 26 Pigments 22 Glycol ethers 26 Plastic 20 Hexane 26 Plastic prints 25 Kerosene 26 Polyester resins 21 Methanol 26 Polyurethane resins 21 Mineral spirits 26 Presses 25 Toluene 26 Protective equipment Turpentine 26 Clothing and accessories 9 Xylene 26 Eye protection 8 Spray fixatives 13 Gloves 9 Spray painting 17 Hearing protection 9 Stone cleaning 23 Respirators 8 Stop bath 19 Pug mills 12 Styrofoam 22 R T Raku firing 12 Textiles 26 Reducers 20, 22 Throwing wheels 12 References 28 Toners 20 Relief printing 24 V Repetitive strain injury 12 Vamishes 18 S Vehicles/modifiers 22 Sculpture 25 W Shells 15 Silicones 21 Warning slogans 9 Softwoods 27 Water-based paints 18 Solvents Watercolors 18 Acetone 25 Waxes 27 Benzene 26 Wood preservatives 27 Carbon tetrachloride 26 Woodworking 27 Citrus oil 26 Workstation ergonomics 12 Ethanol 25 31 (Fr United Educators Safety Guide for Art Studios by Thomas Ouimet, CIN, CSP Many of us have handled and worked with materials associated with the arts since childhood, and it is difficult to believe that these creative efforts could be hazardous to our health. However, research has shown that an artist's craft has the potential to adversely affect his/her health. If not properly used, art materials and processes can cause physical injury or illness or initiate fires. It is essential for artists to understand studio hazards and how to protect themselves and those working around them. This safety guide provides an overview of the hazards associated with the arts and is intended to help instructors safely orient their students to those hazards. Labor and environmental laws extensively regulate many of these areas. This guide is not intended to replace the safety standards and training required of institutions and their employees. Specific resources pertaining to applicable workplace standards are listed in the reference section at the end of this guide. While conducting a safety orientation for art students is a good first step, United Educators encourages art instructors to go further: • Serve as a role model of good safety practices. • Supervise the studios and enforce compliance with the school's safety policies and legal requirements. • Take the initiative to identify and manage risks that may not be addressed in this guide. • Document your diligence in creating a safe environment for students. A special thanks goes out to all who reviewed this document. We particularly appreciate the efforts of two reviewers. Monona Rossol, President of Arts, Crafts and Theater Safety (ACTS) and author of several resources listed in the reference section, offered invaluable technical and compliance feedback in the development of this document. Debbie Fanning, Executive Vice President of Art & Creative Materials Institute (ACMI), provided thoughtful comments and compliance information. Safety in the Studio: The Potential Hazards 1 Safety in the Studio: Methods for Controlling Exposures 6 Where Can I Get Additional Information? 9 Reference Exhibits: Specific Health and Safety Hazards and Precautions Painting/Printmaking 10 Ceramics 12 Sculpture and Modeling Materials 14 Woodworking 16 Photography 18 Metalworking 20 Glass Making 22 Safety in the Studio: The Potential Hazards Chemical Hazards Associated with Art Materials It is imperative that you and your students understand the hazards inherent in the art materials you use such as toxicity, flammability, and reactivity, and the appropriate precautions to protect against illness or injury. Materials that are highly toxic, flammable, or reactive can be handled safely if the proper precautions are followed. However, even materials of low toxicity that are normally considered to be "safe" can lead to accidents and toxic exposures if students ignore appropriate procedures and precautions. DANGER is reserved for products that have serious health or safety hazards associated with them, such as being highly toxic, corrosive, or flammable. WARNING and CAUTION are used on less hazardous substances. Most labels provide additional safety information including a list of specific potential hazards associated with the material, protective measures to be used when handling the material, personal protective equipment or clothing that should be worn, first aid instructions, storage information, and procedures to follow in the event of a fire, leak, or spill. LHAMA amends the Federal Hazardous Substances Act which required manufacturers to evaluate and label consumer products only for acute hazards. LHAMA requires that information about chronic or long-term hazards be present as well on the label of art and craft materials. Manufacturers must evaluate their products' ability to cause chronic illness and use label information to warn consumers about those hazards. The law, which encodes existing voluntary standards, was needed because art and craft materials were exempt from consumer lead laws, although they could contain lead and other hazardous substances such as mercury and cadmium not usually allowed in consumer products. Under LHAMA, all art material labels must include: (1) a statement that the product and its labeling conform to ASTM D-4236. This does not mean that the product is safe, only that following the label's advice should enable the consumer to use the product safely; (2) a list of all potentially hazardous ingredients and signal words such as Caution or Danger (Note: manufacturers may consider some ingredients to be proprietary and therefore are not required to list those specific ingredients even if they are hazardous); (3) chronic hazard statements which inform the user of the kind of harm the product might cause such as, "Cancer Agent," or "Exposure may cause allergic reaction"; (4) precautionary statements which tell the user what actions they must take in order to use the product safely; (5) a manufacturer's telephone number; and (6) a statement that the product is not appropriate for use by children. Note that materials deemed to be "non-toxic" by the certifying toxicologist only need to have the manufacturer's name and address and an ASTM D4236 conformance statement. Products labeled "nontoxic" may also contain chemicals for which Find Out About the Hazards of the Materials You Are Using Two good, immediately available sources of health and safety information are: a product's label and its Material Safety Data Sheet (MSDS). As an instructor, you need to be able to teach your students about using these two resources. Product Labels Two federal labeling standards apply to art products: the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard and Labeling of Hazardous Art Materials Act (LHAMA). Under the OSHA Hazard Communication Standard, hazardous art materials, like other chemical products, must be labeled with: (1) the common name of the chemical or product; (2) the name, address, and emergency phone number of the company that manufactured the product; and (3) an appropriate hazard warning which may include words such as DANGER, WARNING, or CAUTION. 1 there are no chronic toxicity data. Use all art products with care. Material Safety Data Sheet product labels are good sources of initial information about the principal hazards associated with a container's contents, but they are brief summaries that are not meant to replace a product's MSDS or other reference material. An MSDS is a chemical- or product -specific health and safety reference document. It provides detailed information about the hazards associated with a chemical or product and precautions for handling it. The chemical or product manufacturer prepares the MSDS and it is available from the manufacturer, distributor, or importer listed on the product's label. MSDSs must be on file at your institution, and it is advisable to keep current copies in your shop, studio, or work area. Consult an MSDS whenever your students begin working with a new chemical or product and review MSDSs periodically to see if the information has changed. Although the format varies widely, the information found on an MSDS is consistent and includes: • Manufacturer's name, address, and phone number. • A list of the product's hazardous ingredients including permissible exposure limits. • A description of physical and chemical properties, as well as flammability and reactivity data. • Health hazard information, including short- and long-term exposure effects, symptoms of overexposure, and a description of appropriate first aid and medical treatment to use in case of excessive exposure. • Precautions for the safe handling, storage, and use of the product. • A description of how to safely handle the material under normal and emergency situations. • Control measures including personal protective equipment, ventilation, and work/hygiene practices. The quality of the information on MSDSs varies widely. Unfortunately some manufacturers use generic statements that are of limited value. In 2 other cases, the health and safety guidelines have been written to address worst-case scenarios that are more typical of industrial settings and would be unusual in an art studio or shop. Your institution is required to provide training on how to read MSDSs to all employees who use toxic materials. Training will help you learn about the products you and your students use and enable you to answer any questions they may have about the safety of the art materials and processes they will be using. Teach your students how to interpret the available safety data. If after your training you are unsure how to read a particular MSDS, consult one of the references at the end of this document or a safety professional at your institution. How Can Art Materials Affect Your Health? Determining whether an art material may cause harm depends not only on the toxicity of the material, but also the dose you receive. In order for an art material to affect your health, it must first enter your body and then reach an area of the body (termed the target organ or system) in a large enough concentration or dose to cause harm. Just as you need to take a sufficient dose of a medicine to have a desired effect, so must you be exposed to a sufficient quantity of a hazardous material to be harmed. Factors such as the length of time you are exposed and how often you are exposed influence the effects. Toxic materials can exert their harmful effects immediately (acute effects) or after a long period of exposure (chronic effects). Minor acute effects such as nausea, lightheadedness, or irritation are generally brief and reversible, but acute effects can also be as severe as death. Chronic effects such as cancer, fibroses of the lung, or liver damage are generally not reversible. Whenever possible, substitute a less toxic material for a highly or moderately toxic one. People involved in the arts are most likely to be exposed to toxic materials by either skin contact or inhalation. A few exposures (particularly to metals) may occur through ingestion. Even though the skin is a very effective barrier, certain heavy metals such as mercury and solvents such as toluene, methyl alcohol, and glycol ethers can quickly penetrate it and, once in the body, cause harm. Other materials used in the arts, such as corrosives (acids and alkalis), can attack and destroy the outer layers of the skin, creating serious burns. Skin burns and absorption of toxic materials through the skin can be avoided by wearing chemically impermeable gloves and other chemical protective equipment and by washing contaminated skin surfaces immediately. Many substances enter the body through inhalation of vapors, gases, fumes, mists, or dusts. For example, the solvent components of paints and inks evaporate after being applied to surfaces and may then be inhaled. Airborne contaminants in art studios can also include irritant gases and vapors emitted from photographic development solutions, polyester, epoxy, or urethane resins, as well as fumes from welding, wood dusts from woodworking, and gaseous emissions from kilns. Work that may generate airborne contaminants must be adequately ventilated to maintain safe levels. If ventilation alone can not maintain safe levels, a respirator may have to be worn. Ingestion may occur when hands, food, a cigarette, or anything else that has become contaminated comes in contact with the mouth. Ingestion is frequently the route of exposure to metals when working with painting pigments, ceramic glazes, or welding. You and your students should NEVER point the tip of your paintbrush with your lips or hold the dirty handle of your brush in your teeth! Exposure though ingestion can be avoided by frequently washing your hands, not eating or smoking in the studio, and keeping all objects out of your mouth. Prohibit eating and smoking in the art classroom or studio. Consider adopting a policy about alcohol consumption and drug use (both prescription and illegal) during studio time and beforehand. What is a Safe Level of Exposure to Toxic Materials Used in the Arts? Anumber of governmental organizations and professional associations publish exposure standards or guidelines for airborne concentrations at levels that nearly all healthy adults are believed to be able to tolerate without adverse health effects. Exposure limits for a product's hazardous or toxic components are listed on the product's MSDS. Some people (such as young children, pregnant or nursing mothers, and individuals with health conditions such as asthma) are at higher risk of exposure to art materials. If you have concerns about how a hazardous material may affect a student due to a special health condition, you should talk with a medical or safety professional and 3 with the student. The lower the exposure limits are, the more toxic the substance is. In your classroom, as a rule of thumb, try to use solvents with exposure standards above 100 ppm whenever possible. For example, replace mineral spirits (100 ppm) with odorless paint thinner (300 ppm), or eliminate old rubber cements containing n - hexane (50 ppm) and use new ones which contain heptane (400 ppm). All solvents should be used with ventilation which is discussed in more detail later in this guide. The more toxic the solvent, the more solvent used, and the more quickly it evaporates (or vaporizes into the surrounding air), the greater the volume of dilution air (ventilation rate) should be. Fire Hazards Associated with Chemicals Used in the Arts The fire hazards associated with artist's materials are often overlooked, yet fire may be the greatest risk artists face. Common art materials that may cause a fire include flammable or combustible solvents, oily rags, chemical oxidizers, and compressed welding gases. Improper use of solvents causes most art -related fires. Artists must be aware of a solvent's flashpoint and volatility, the two primary properties that influence a solvent's ability to initiate a fire. The flashpoint, the single most important factor, is the temperature at which a solvent gives off enough vapor to form an ignitable mixture with air and can ignite in the presence of an ignition source such as a flame or electrical spark. The lower the flashpoint, particularly when it is at or below room temperature, the more hazardous the material. A substance's volatility determines how much of it will evaporate and mix with air. In order for a solvent to catch fire, it must evaporate and its vapors must mix with air to form the right fuel/air ratio (typically 1-3 percent). The more volatile the solvent, the more readily it will evaporate and the more likely it will create an ignitable fuel/air mixture. Acetone is extremely volatile and if spilled, it will evaporate almost instantly. Mineral spirits, which has a much lower volatility than acetone, will evaporate much more slowly if spilled. To control the risk of a fire, always choose a solvent with the highest possible flashpoint and the lowest possible volatility. Ventilate the area to keep the solvent concentration from reaching an ignitable air/fuel mixture. Remove ignition sources such as open flames and electrical equipment that may generate sparks. Vapors from flammable solvents are heavier than air. They can travel some distance to an ignition source and then flash back to the solvent source. When dispensing flammable solvents from large metal containers, ground both containers to dissipate static electrical charges. To prevent fires, store rags soiled with setting oils (tung oil, linseed oil) in tightly closing metal containers and have them picked up daily for professional laundering or disposal. (Refer to the ACTS Web site in the reference portion of this guide for additional information on setting oils.) Flam- mable solvents should be stored in a storage cabinet designed for flammable materials. When using flammable solvents out in the studio, store them in safety cans. If you handle chemical oxidizers such as chlorates, chromates, nitrates, or peroxides, store them apart from organic solvents and other readily combustible materials in storage units specifically designed for these materials. Some types of substances such as organic peroxides and nitric acid are so reactive they should be stored separately from all other chemicals. If you use compressed gases, such as acetylene or propane, be familiar with all the complex regulations that apply to them. Secure them in an upright position and test the regulator fittings and connections for leaks before using them. Store flammable compressed gases separately from compressed oxygen. Physical Hazards physical hazards in the arts include ultraviolet and infrared radiation, noise, vibration, stress to the muscular skeletal system from repetitive motion or excessive lifting, improperly maintained equipment, and poor storage and process management. They also include injury arising from carelessness and inattention. Ultraviolet (UV) and infrared (IR) radiation are particular wavelengths of the electromagnetic spectrum just like visible light. The sun generates these types of radiation. UV radiation is also produced by electrical arcs such as those associated with arc welding or carbon arc lamps. UV radiation from any source can cause sunburn, conjunctivitis (pink eye), cataracts, and skin cancer. IR radiation which is emitted from hot objects, such as molten metal or glass and fired ceramics, can cause skin 4 burns. It can be especially intense when working in a foundry or around kilns, or while glassblowing. Both UV and IR can damage the cornea, lens, and retina of the eye. Teach your students to control their exposure to these radiation sources by avoiding carbon -arc lighting when possible, covering skin surfaces, and wearing appropriate shaded eye protection. If your students are welding, it is also important that they screen their work from others so no one will be inadvertently exposed. Radiation intensity decreases quickly with distance so encourage your students to increase their distance from radiation sources if possible and keep others away. Noise is common in arts studios and is produced by such things as woodworking and metal working machinery; hand, electrical, and pneumatic tools; and exhaust fans. Exposure to high levels of noise over a period of time can lead to permanent hearing loss. Symptoms of excessive noise exposure include a temporary ringing in the ears or difficulty hearing after exposure. If you must raise your voice to be heard by someone just a few feet away, the noise level is too high. The noise level emitted from equipment or processes may be reduced by dampening vibration, isolating noise -producing equipment, or installing sound -absorbing materials. Such changes often require specialists and may be difficult and expensive. Fortunately, hearing protection in the form of earplugs or earmuffs can be worn to reduce noise exposure in noisy environments. You should instruct your students about the different types of ear protection and the proper use and care of this protection. The work of many artists—such as potters, glassblowers, and weavers—involves repetitive motion. Repetitive motion, particularly of the hands, wrists, and arms, can lead to painful inflammation of muscles, tendons, and nerves over time and cause the eventual deterioration of those tissues. The symptoms associated with repetitive -motion disorders can include pain, warmth, swelling, and difficulty moving the joint involved. The continuous, often extreme bending of wrist, elbow, and shoulder joints leads to these disorders. Grip positions that use high -force finger pinching along with a bent wrist have been associated with the disorder called carpal tunnel syndrome. Hand polishing and sanding, and drawing and painting in awkward postures, are examples of high-risk repetitive tasks. To prevent these injuries, select appropriate tools and show students how to lay out their work so they can use more neutral postures (for example, a straight wrist) while performing tasks. Encourage students to take frequent rest breaks to stretch muscles and schedule their work to alternate tasks. This lets them use and rest different muscles. Teach students to use as light a grip as possible when holding tools. If they cannot relieve joint pain by taking time off or reducing stress on the joint, they should seek medical assistance. Repetitive motion disorders can be disabling if not treated early. Back injuries may occur from lifting heavy objects such as sculptures and lithography stones. Use mechanical aids such as hoists whenever possible to move heavy objects. Instruct students to lift in pairs if the object weights more than 50 pounds. Demonstrate proper lifting techniques for students including flexing your knees, keeping your back straight, holding the load close to your body, and lifting with your legs. Tell students they should never lift and twist at the same time. Fires and electrical shock may be caused by overloaded electrical circuits, extension cords, or power strips or tools that are not properly grounded. Purchase tools that are double insulated. Reduce the use of extension cords and power strips by replacing them with hardwired ground fault circuit interrupter (GFCI) protected outlets whenever possible. When an extension cord must be used, purchase the type with a GFCI built into it. If your electrical circuit breaker trips, reduce the load and reset it once. If the circuit trips again, obtain the assistance of an electrician. The circuit may have a short that could lead to a fire. Finally, poor process management can cause an injury. For instance, in one art department, bulk supplies were received in paper bags. One student grabbed the wrong bag and used lime instead of plaster of Paris. He suffered severe burns resulting in the loss of several finger tips and requiring extensive plastic surgery. Another student took concentrated nitric acid for an etching project, but slipped on a wet floor and spilled it on herself. Although she received immediate first-aid, her arm was permanently scarred. As an instructor, it is important for you to work with your students to create a safe artistic environment. Pay attention to general housekeeping to prevent slips and falls. Clearly mark and appropriately store art materials. Communicate your school's safety policies to your students and hold each student accountable for compliance. Provide specific warnings and instructions for use of hazardous machines and equipment. Post general safety rules in 5 a visible and conspicuous place. Do not tolerate the disabling of any safety guards or misuse of the machines, tools, or equipment. Take disciplinary action where necessary. If you are concerned about a premises hazard, or the condition of a machine or piece of equipment, immediately report it to your institution's safety coordinator and take precautions to minimize student contact with the hazard. Safety in the Studio: Methods for Controlling Exposures Ventilation Older art studio designs often overlooked the importance of proper ventilation, and art instructors often have to rely on an open window, door, or a window air-conditioning unit for ventilation. In many instances, these measures do not provide appropriate ventilation. There are two basic methods for adding ventilation to spaces in which toxic materials are used: dilution and local exhaust. Dilution ventilation introduces clean air into the studio which mixes with the contaminated air before being exhausted outside by a fan. This ventilation method dilutes the air -borne contaminants to a safe level. It typically requires large volumes of air. Ideally the source of the contaminants is positioned between the fan and student, so the contaminated air is drawn away from the student. The preferred location for introducing clean air into the studio is behind the student—the clean air sweeps past the student before mixing with contaminated air. Dilution ventilation is typically appropriate when small quantities of slightly to moderately toxic materials are used. Local exhaust ventilation captures contaminants at their source by use of a hood. It exhausts the contaminants directly outdoors through a duct system. In some systems, particularly those used to collect dust, a filter cleans the air stream before discharging it to the outdoors. A local exhaust system is the preferred ventilating system for processes that release moderately to highly toxic compounds and dusts. Art processes such as silk screen printing, acid etching, paint spraying, welding, woodworking operations, and photographic development often use local exhaust ventilation to protect artists. Hood design and use often determine the effectiveness of the system. Some hoods, such as spray booths, completely enclose the source. Others consist of slotted hoods, canopy hoods, or flexible or fixed duct pipe systems that are positioned adjacent to the source. These must have a strong enough air draw to capture and pull in air contaminants. Students should position their work as close as possible to slotted hoods or movable hoods because the contaminant -capture efficiency drops dramatically with distance. When working within a hood that encloses the source, instruct students to work as far back into the hood as practical. Before starting to work, make sure that the local exhaust system is on and that there is sufficient airflow through the system to capture air contaminants. Smoke or air -current tubes can be used to test the capture efficiency of local exhaust ventilation systems. Personal Protective Equipment In the process of controlling your students' exposure to hazardous chemicals or physical agents, the first step should be the substitution of safer materials, even if they are more expensive. The second step should be controlling exposure through ventilation or other protective measures (such as limiting length or amount of exposure). If these controls are not adequate, it may be necessary to wear personal protective equipment (PPE). Gloves are one of the more common types of personal protective equipment and can be worn to protect the hands from a variety of hazards associated with the arts. Leather gloves protect hands from sources of heat, sparks, and cuts. Heavy cotton work gloves can protect against abrasions and slivers. Rubber or other elastomeric gloves protect against chemical exposure to solvents, acids, and bases. In order to be effective, chemical protective gloves must be selected based on the chemicals used. No glove is appropriate for all chemicals. Chemicals can degrade, penetrate, and in some instances permeate gloves without visual evidence. Most glove manufacturers produce and freely distribute charts that identify appropriate gloves to wear when working with different 6 chemicals. Many of these are available at glove manufacturers' Internet sites. You should consult your glove manufacturer's chart when selecting gloves for your students. Instruct students about appropriate glove care. For example, students should rinse their chemical gloves before removing them and wash their hands afterwards. It is important to protect the face and eyes from flying particles, chemical splashes, or infrared (IR) or ultraviolet (UV) radiation. The type of face or eye protection to be worn depends on the type of hazard present and severity of exposure. To protect against flying particles, wear safety glasses with side shields or goggles (preferred). Add a face shield if the potential exposure is severe. Chemical splash goggles should always be worn to protect the eyes when pouring or mixing chemicals and at all other times when there is a chance of chemical splash. The vents on these goggles are located to prevent a splash from entering the goggle. To protect the face from corrosive material, add a face shield over goggles. To protect the eyes from IR or UV radiation while welding, brazing, soldering, glassblowing, or working in a foundry, wear shaded safety glasses, goggles, or a welding helmet. Specific eye and face protection recommendations for different types of hazards can be found in several references at the end of this section. Respirators should only be worn when the task or work area cannot be adequately vented to reduce the exposure to a safe level. Respirator selection must take into consideration a number of factors. These include the type of contaminants present (for example particulates, gas, or vapor); the concentration of the contaminant; the duration of exposure; and the functional and physical characteristics of the respirator. Seek the assistance of your institution's health and safety professional if you are considering selecting respiratory protection for use in your studio. OSHA requires that respirator use must be governed by a written program that defines how respirators will be selected, used, stored, and maintained, as well as how users will be trained and medically evaluated prior to wearing them. Other types of personal protective equipment that can be worn in art studios include: (1) earplugs and earmuffs to protect against high noise sources; (2) safety shoes to protect against sparks, molten metal, heavy objects, electric shock, static electricity build up, and sole punctures; (3) hard hats to protect against falling and flying objects and electric shock; and (4) miscellaneous garments such as aprons, 7 coveralls, leggings, sleeves, and knee pads to protect the arms, legs, or front of the body from chemicals, flying objects, molten metal, and sparks. Instruct students to carefully examine all personal protective equipment, particularly reusable equipment, before using it to ensure that there are no defects. Have students report and return any defective equipment for replacement. Require students to tie back long hair. When working around furnaces, recommend that students wear long-sleeved closely woven cotton fabrics to protect against heat. Prohibit polyesters and other synthetic clothing which might melt from contact with molten metal or glass. Prohibit dangling jewelry and loose clothing when working with power tools. Storing, Handling, and Disposing of Art Materials The manner in which you store art materials, handle them, and clean up afterwards will significantly influence the risk of accident or exposure. This is particularly true in studios handling flammable and toxic materials. Follow these general principals of safety storage: (1) only store compatible materials together (identify incompatible materials on an MSDS); (2) store chemical containers in cabinets, never on the floor or on shelves above shoulder height (particularly flammable solvents, acids, or bases) where they may fall and break; and (3) make sure all containers are labeled and in good condition (keep materials in their original containers or containers made of the same material). Avoid putting chemicals in breakable containers, food containers, coffee containers, or containers with loose fitting lids. Make sure that all compressed gas cylinders are secured in an upright position and have the valve protection cap on when storing or transporting them. When handling flammable or toxic materials, keep containers closed except when you are actually removing material from them. Do not allow students to eat, drink, or smoke in the studio or art project area. These activities could lead to ingestion of toxic materials or cause a fire. Impress upon students the danger of working alone in the studio. Students should wear the appropriate personal protective equipment necessary to protect their skin, eyes, or respiratory system. If working with toxic materials, instruct students to wear clothing reserved just for that purpose, and remove it when leaving the studio. This clothing should be washed frequently, separate from other items. Better yet, provide disposable coveralls for the students. Before they leave the studio/classroom, instruct students to wash thoroughly with soap and water any skin surface such as face, hands, and arms that may have become contaminated. Warn students that they should never use solvents to clean their hands. Poor housekeeping can create an unsafe studio and cause exposure to toxic materials. Instruct students how to clean up spilled materials and spread absorbent to dry wet spots to prevent slipping hazards. Stress the importance of a prompt clean-up response. At the end of each session, wet mop or vacuum with a HEPA-filtered vacuum if students' work could generate highly toxic dusts such as lead, other heavy metals, or silica (fine clay). Dry sweeping re -suspends settled dust and does not remove it. Keep aisles free of obstructions such as chairs, boxes, and waste containers. Do not clutter the studio with combustible materials such as paper and cardboard. Inspect all tools at the end of each day to make sure they are in good operating condition. Remind students to report any physical or mechanical problems with tools. Put tools and supplies away in a locked area to prevent unauthorized and unsupervised use of power tools which could lead to accidents. Flammable, corrosive, or reactive materials and some toxic chemicals are considered hazardous wastes. Dispose of all hazardous wastes in accordance with your institution's hazardous waste policies and procedures. If you have questions, contact your institution's environmental health and safety officer about separating, labeling, and storing hazardous waste. Never dispose of hazardous wastes in the normal trash or down the drain. They will need to be sent to an EPA -permitted disposal or treatment site. Most institutions also have procedures for disposing of nonnal solid waste such as metal containers or cardboard. Always follow your institution's existing waste disposal procedures. Emergency Preparedness Studios in which artists handle hazardous materials should have eyewashes, safety showers, fire extinguishers, and first aid kits close at hand. Know where this equipment is located and how to use it. Instruct your students about the appropriate emergency response. 8 Keep all passageways to the emergency eyewash station and shower clear of any obstacles. Routinely check eyewash stations to be certain that water flows through them. Allow them to run for several minutes once a week to clear out the supply lines. Routinely check showers to assure that access is not restricted and that the start chain is within reach. The water flow through the safety showers should be tested periodically to ensure sufficient flow and clean out the water lines. The institution's facilities main- tenance personnel should perform this test because of the high flow rates involved (30 gallons per minute). Fire safety equipment should be easily accessible and must include a fire extinguisher (type ABC). Other equipment may include fire hoses, fire blankets, and automatic extinguishing systems. Check the closest fire extinguisher occasionally to make sure that it is fully charged and ready to use. Know how to activate the building's fire alarm and what the emergency procedures are for your classroom or studio. Make sure your students know this also. Pay attention to housekeeping issues to ensure that emergency evacuation routes are clear and that materials on the premises will not cause someone to slip or trip and fall. Maintain a first aid kit in close proximity to the classroom/studio. One individual should be assigned responsibility for ensuring that the kit is fully stocked, including PPE to avoid blood exposures. If medical assistance is not immediately available, consider first aid training for technicians or aides. Make sure each studio has a phone accessible with emergency numbers prominently posted. Post the appropriate evacuation routes and make sure students know them. Conclusion Safety should be a constant focus in the studio and conveyed to your students daily. Providing a safe and healthful learning environment and teaching good safety and hygiene practices will help ensure that your students enjoy an enriching academic experience. The good habits they develop will carry forward to all their future artistic endeavors. Where Can I Get Additional Information? The following books and Internet sites contain information about safety in the arts and would be good sources to learn more about these issues. Books McCann, M. (1992). Artist Beware. New York: Lyons & Burford Publishers McCann, M. (1994). Health Hazards Manual for Artists. Lyons & Burford Publishers Rossol, M. (1996), Keeping Clay Work Safe and Legal. DC: National Council on Education in the Ceramic Arts. Rossol, M. (1994). The Artist's Complete Health and Safety Guide. New York: Allworth Press Shaw, S. & Rossol, M. (1991). Overexposure: Health Hazards in Photography. New York: Allworth Press Spanderfer, M. (1993). Making Art Safely: Alternative Methods & Materials in Drawing, Painting, Printmaking, Graphic Design and Photography. New York: Van Nostrand Reinhold Internet Sites Government Resources www.osha-slc.gov/SLTC/healthguidelines/index.html www.osha-slc.gov/SLTC/contents.html Lots of additional information on most of the topics discussed in this guide, as well as many additional links. www. cdc . gov/niosh/homepage.html Contains additional information on the topics discussed here. Occupational Safety and Health Administration: www.osha.gov Environmental Protection Agency: www.epa.gov National Institute of Standards and Technology: www.nist.gov 9 Professional Associations and Resources American Conference of Governmental Industrial Hygienists: www.acgih.org/links/welcome.htm National Safety Council: www.NSC.org National Fire Protection Association: www.nfpa.org American National Standards Institute: www.ANSI.org American Society for Testing and Materials: www.astm.org Consumer Product Safety Commission: www.cpsc.org Art -Specific Resources www.caseweb.com/ACTS Lists services, publications, and links to ACTS (Arts, Crafts and Theater Safety) e-mail addresses where individuals can obtain answers to safety questions. Also offers a monthly newsletter with current research, new regulations, and other relevant news items. www.acminet.org (available soon) Web site for ACMI (Art & Creative Materials Institute) which certifies materials as safe for use by children and offers product substitution ideas. Lists certified products, informational publications, and other resource information. www.goshen.edu/art/DeptPgs/safety.htm Goshen College's Art Department Web site contains safety information on a variety of art materials and art processes. It includes gopher pages with information on hazards associated with the arts and their control. www.arcat.com/arcatcos/cos08/arc08376.cfm Web site for the National Art Materials Trade Association. Painting/Printmaking The hazards of painting and printmaking relate to the paints, inks, solvents, and corrosive materials associated with these activities. Carefully review the Material Safety Data Sheet (MSDS) for the products your students will be using in the studio and identify the hazardous components in each so you may inform your students. Learn how to protect your students by reviewing the information on the MSDS or by obtaining one of the references listed on page 9 and reviewing the specific information on the materials being used. The following table identifies some of the hazards associated with materials students may use in painting and printmaking and is followed by a list of precautions. Activity Material Potential Hazard Painting Paint pigments/ Chalk dust May be toxic by ingestion or inhalation (if mixing dry powders, sanding paints, or using pastels). Many inorganic pigments contain highly toxic metals and some organic pigments may cause long -tern effects such as cancer. Wherever possible, substitute less toxic materials for powdered pigments containing lead, cadmium, or mercury. Painting Vehicle Vehicles in paints may include solvents, oils, resin, and polymer emulsions that are released to the air as the paint dries. They are moderately toxic. Some vehicles are adsorbed through the skin and others may cause skin disorders. Painting Solvents Solvents are used to thin paints and clean up materials. Solvents coimnonly used include turpentine, mineral spirits, acetone, toluene, xylene, acetates, and petroleum distillates. These materials evaporate quickly, contami- nating the air, and are moderately toxic by inhalation. Some solvents are adsorbed through the skin. Many are flammable. Painting Varnishes and lacquers These are solutions of natural and synthetic resins that are dispersed in solvents such as mineral spirits, turpentine, methyl and ethyl alcohol, acetates, toluene, and petroleum distillates. After being applied, the solvent base evaporates leaving the resin to react and harden. These solvents are moderately toxic by inhalation, and many are flammable. Some solvents are adsorbed through the skin. Spray applica- tion Paint pigments, vehicles, and solvents, varnishes/ lacquers Spray guns, airbrushes, and aerosol spray cans release very fine mist particles that can remain in the air for several hours and are readily inhaled. All of the materials identified above (solvents, pigments, resins, and paint vehicles) may be present. Spraying dramatically increases your risk of exposure to these toxic materials. Many of these solvents are also flammable and spraying them into the air creates a flammable atmosphere. High-pressure spray guns may actually inject paint directly under the skin if it gets in the way of the spray. Print- making Ink pigments, vehicles, and solvents Same as paint (see above) Print- making Acids and caustics A variety of acids and caustics are used to etch and clean various media in intaglio and lithography. These materials are very corrosive to the skin, eyes and respiratory system, especially when concentrated. Print- making Miscellaneous materials A wide variety of miscellaneous materials used in lithography, intaglio, relief printing, and screen printing are irritants or moderately toxic. Consult the references on page 9 for information sources on these materials and their hazards. 10 Painting/Printmaking Precautions for Your Students • If possible, use tube or pre-mixed paints and commercially available inks to avoid mixing your own. If you mix your own pigments, do it in a ventilation hood. Use water-based products instead of solvent-based ones where possible. Keep all chemical containers closed when they are not in use. • Never use your lips to point the end of your paintbrush or hold your brush handle with your teeth. Because your hands become contaminated while working, do not eat, drink, or smoke in the studio. Wash your hands thoroughly when you finish working or leave the studio. Never wash your hands in a solvent. If your hands have cuts or are chaffed, wear gloves. Chemicals can pass through these breaks in the skin and enter directly into your blood stream. Washing your hands frequently may dry them out, increasing the risk for cracks and breaks to develop in the skin. Apply skin moisturizers regularly to prevent your skin from drying out. Good personal hygiene is one of the most important ways you can reduce your exposure. • Use the ventilation measures described in this guide to control solvent exposures. • Wear a full-length smock or coveralls in the studio and do not wear them outside the studio. Wash them frequently and separately from other clothing. If toxic materials are being used, wear a full-length disposable smock or coveralls that are removed and properly disposed of in the studio. Wear chemical protective gloves, apron, and eye protection (goggles) as necessary when handling solvents and corrosive chemicals, or when cleaning brushes, screens, and other equipment. • If you will be applying a pint or more of a product that contains a flammable solvent, remove all sources of ignition from the area. Store flanunable materials in a flammable-storage cabinet. Place all solvent-soaked rags and paper in self-closing oily waste cans and empty them daily. Know the location of the closest fire extinguisher and learn how to use it. • Perform spray applications in a paint-spray booth or other locally exhausted hood. Choose brushing techniques rather than spray applications if possible. • Avoid exposure to solvents during clean up by using disposable screens, brushes, and other equipment. Clean up small spills immediately. • Use barrier creams to prevent casual contact with toxins. • Wear glasses instead of contact lenses in etching studios to avoid acid vapors under the contact lenses. • When moving heavy items such as litho stones, use appropriate lifting techniques, get help from another person, or use mechanical aids. 11 Ceramics The hazards associated with ceramics have been recognized for hundreds of years. They are related to three aspects of the process: preparing and molding the clay, glazing, and firing the clay. Carefully review the Material Safety Data Sheet (MSDS) for the products your students will use, particularly glazing compounds, which often contain some highly toxic compounds. Identify the hazardous components in each product. Teach students how to protect themselves either by reviewing the information on the MSDS or by obtaining one of the references listed on page 9 and reviewing the specific infonnation on the materials being used. The following table describes the potential hazards associated with different ceramic processes. Activity Material Potential Hazard Mixing dry clay Dry clay Clay contains crystalline silica, which if inhaled over the course of many years can lead to the debilitating lung disease silicosis. Loading and mixing dry clay in a clay mixer creates the most likely opportunity for exposure to the silica -containing clay dust. Mixing dry clay Talc Talc added to clay may be contaminated with asbestos or "asbestos -like" fibers. Mixing dry clay Clay mixer, bulk materials Like all mechanical equipment, clay mixers have moving parts that could catch your hand or ann if you reach into it while it is operating. Bags of dry clay and clay additives are heavy; repeated lifting can cause back injuries. Handling wet clay Wet clay, potter's wheel Wet clay is a growth medium for mold and other microorganisms that can cause allergies and infections of the skin or nail beds. Mold can aggravate some pre-existing medical conditions such as asthma. Working with clay for extended periods of time on a potter's wheel can lead to a repetitive trauma disorder of the hand or wrist. Glazing Glaze Glazes are mixtures of silica, alumina, metal fluxes (such as lead, barium, lithium, calcium, or sodium), and colorants. Some colorants contain highly toxic metals such as lead, cadmium, chromium, uranium, and arsenic. These metals should not be used in school programs if at all possible because safer substitutes are available. Many prepared glazes contain frits which are created by melting various glaze ingredients into a glass and grinding them into a powder. Frits containing toxic metals are hazardous and should be handled with caution since they can leach into the body over time and should not be used. Firing Kiln Clay During the firing process, clay releases combustion products and gases whether using a fuel -fired or electric kiln. These emissions include carbon monoxide, formaldehyde, sulfur oxides, chlorine, fluorine, metal fume, and nitrogen oxides. Unless ventilation is excellent, metal fume particles such as lead and cadmium can settle and contaminate other ware and surfaces. In addition, fuel -fired kilns release the products of combustion from their fuel sources. Firing Kiln Clay Infrared radiation emanates from hot (glowing) fired ceramics and can cause cataracts after long periods of exposure. Unloading hot objects from a kiln can cause burns. 12 Ceramics Precautions for Your Students • If possible, avoid exposure to clay dust by purchasing pre -mixed clay. you mix your own clay, the mixer should have local exhaust ventilation and be equipped with appropriate machine guards to prevent access to moving parts while operating. Consider wearing a respirator when mixing clay. • When lifting heavy items such as bags of clay, clay additives, or glazing compounds, use appropriate lifting techniques, get help from another person, or use mechanical aids. Raise your potter's wheel so you can work in an upright position. • Use asbestos -free talcs. Regularly wet mop, hose down, or vacuum (with a HEPA vacuum) the studio—particularly the dry mixing area to remove potentially toxic dust such as silica and heavy metals. Do not allow spilled clay to dry; it can be crumble into an airborne dust. • Purchase prepared glazes without toxic components whenever possible. If you do use or mix glazes containing highly toxic metals such as lead, cadmium, arsenic, or uranium, your institution must meet the applicable OSHA regulations. • If you mix your own glazes, wear gloves. Mix glazes under local exhaust ventilation or wear a respirator. Avoid spraying techniques that will aerosolize the glazes. Instead, brush or drip glaze on your clay. If you must use spraying techniques, use a paint spray booth. • Because your hands become contaminated while working, do not eat, drink, or smoke in the studio. Wash your hands thoroughly when you finish working or leave the studio. Good personal hygiene is one of the most important ways you can reduce your exposure. • Regularly apply hand cream to replace lost oils and to keep your hands from drying out. Cover cuts or other broken skin with gloves to prevent infections • Wear a full-length smock or coveralls in the studio and do not wear them outside the studio. Wash them frequently and separately from other clothing. • Wear a disposable smock or coveralls if working with toxic metals. Remove the smock or coveralls before leaving the studio and dispose of in your institution's designated hazardous material container. • All kilns must be locally exhausted and vented to the outside. Keep combustible materials, particularly flammable materials, away from kilns. Small kilns should be raised at least a foot off the floor with a refractory brick placed underneath. Keep a fire extinguisher close by and know how to use it. • Wear appropriate shaded eye protection when looking directly into the kiln. Note: If you are creating ceramics that will come into contact with food or drink, select a food -safe glaze that is periodically tested by a laboratory. Some glazes contain heavy metals such as lead and cadmium that can leach from glazed items after they have been fired. Using prepared glazes labeled "food safe" will not assure a safe product since small variations in application and firing can alter leaching characteristics. Most glazes leach their metals faster when exposed to acid solutions such as orange juice. The federal govermnent has developed test protocols for evaluating the leachability of glazes and strict guidelines for the maximum acceptable lead/cadmium release from ceramic food ware. 13 Sculpture and Modeling Materials The hazards associated with sculpture and modeling materials relate to the materials used in this art form and the techniques used to shape the medium. Materials include a variety of soft and hard stones, cement, plaster, self -hardening clays, and plasticine. Carefully review the Material Safety Data Sheet (MSDS) for the products you will use or the media with which you will work (such as the type of stone) and identify the hazardous components in each. Leam how to protect yourself either by reviewing the information on the MSDS or by obtaining one of the references listed on page 9 and reviewing the specific information for your materials. The following table describes the potential hazards associated with sculpting and modeling. The list of precautions below describes ways to protect yourself from these hazards. Activity Material Potential Hazard Sculpture Stones Stone carving involves chipping, carving, grinding, and polishing. The shaping process involves using hand tools to shape softer rocks, while harder rocks may require electric or pneumatic tools. By law, stone quarries must provide MSDSs on the stones they sell which must list all toxic rnaterials such as silica and asbestos. Shaping processes generate flying chips of rock that can injure eyes and dust that can be inhaled. Sandstone, soapstone, slate, and granite are examples of rocks that contain large amounts of free silica that can become airborne during shaping. Stones such as serpentine, soapstone, and greenstone may contain asbestos. Sculpture Tools Pneumatic and electric shaping tools may create high levels of noise and vibration. Exposure to loud noise can cause hearing loss over a long period of time. Using vibrating hand tools over an extended period of time can lead to Raynaud's syndrome, a condition in which hands cramp up, lose circulation, and are unable to move. Untreated it can lead to pennanent hand impairment. Improperly grounded electrical tools may cause electrical shock, particularly if water is used to control dust. The hand tools used in carving can cause cuts and bruises if they are used improperly. Sculpture Plaster Plaster dust (calcium sulfate) adsorbs water rapidly from any moist surface (such as skin or eyes) it contacts and can be very irritating to the skin, eyes, and respiratory system. Sometimes lime (calcium oxide), acetic acid, potassium sulfate, or other compounds are added to plaster to either retard or hasten the setting of the plaster. These materials are also irritants. Sculpture Cement Cement, which is a mixture of lime, alumina, and silica, is a strong skin, eye, and respiratory system irritant for the same reasons as plaster. Modeling Clays Self -hardening clays contain clay mixed with plastic resins and hardening agents. Non -hardening clays contain oils and petrolatum, Additional (often proprietary) rnaterials are added to provide the desired properties. Consult the MSDS for your clay for a list of the materials it contains. Some materials in these products are irritants, while other rnaterials (in self -hardening clays) have not been adequately tested for their health effects. Modeling Wax Overheating wax can result in release of decomposition products that are highly irritating if inhaled. Chlorinated synthetic waxes are highly toxic though skin contact and absorption. Overheating wax containing water may lead to an explosion. Solvents used to dissolve wax may be moderately to extremely toxic. Modeling Plastics A wide variety of resins (acrylic, phenolic, epoxy, polyester silicone, and polyurethane) may be used to mold, cast, and form plastic sculpture. As resins cure, some of the chemical components volatilize. They may reach high concentrations if used in large volume or if the work area is poorly ventilated. These materials are often irritants and may be toxic by skin contact or inhalation. Some are skin and respiratory sensitizers. Two -component urethane resin systems release extremely toxic isocyanates for which there are no approved air -purifying respirators. They may only be used with a supplied air hood. 14 Sculpture and Modeling Materials Precautions for Your Students • Obtain MSDSs on your stones and make certain that they are asbestos -free and, if possible, low in silica content, such as limestone. • Wear goggles to protect your eyes against stone chips. Wear a respirator. Wear steel -toed shoes to protect your feet. • If you are using power tools to work stone that contains high concentrations of silica or other hazardous materials, equip your tools with point - of -operation local exhaust ventilation. To remove silica dust, wet mop the studio or vacuum with a HEPA-filtered vacuum. Never dry sweep. Applying a fine water spray over your sculpture while carving will significantly reduce the generation of dust. • When using a hand -carving tool, keep your hands behind the tool and cut away from your body. When lifting heavy items, such stones or bags of plaster or cement, use appropriate lifting technique, get help from another person, or use mechanical aids. • Because your hands become contaminated while working, do not eat, drink, or smoke in the studio. Wash your hands thoroughly when you finish working or leave the studio. Good personal hygiene is one of the most important ways you can reduce your exposure. • Wear a full-length smock or coveralls in the studio and do not wear them outside the studio. Wash them frequently and separately from other clothing. Better yet, wear disposable smocks or coveralls. • Do not overheat wax. Use a temperature -controlled crock pot or a double boiler. • Dissolve wax in the least hazardous solvent and do not use chlorinated synthetic waxes. • Do not use oil-based modeling clay that contains sulfur which can cause sensitivity. • Make sure all electrical tools are double insulated, properly grounded, and connected to a ground fault circuit interrupter (GFCI). • Wear hearing protection such as earplugs or muffs when using noisy tools. If possible, enclose noisy equipment such as pneumatic compressors or move it as far away as possible. • Wear gloves and goggles as necessary to protect your hands and eyes from contact with irritating substances in plaster and cement. Wear a respirator while handling large quantities of dry material. • Use ventilation (as described in this document) to control exposures during the curing of resins. • Wear chemical protective gloves, apron, and goggles as necessary when handling bulk quantities of resins. If you will be applying a pint or more of a product that contains a flammable solvent, remove all sources of ignition from the area. Store flammable materials in a flammable - storage cabinet. 15 Woodworking Woodworking hazards include the wood itself, preservatives that may be present within wood, hand and machine tools used to shape it, glues used to fasten pieces together, and finishing compounds that provide a surface coat. Carefully review the Material Safety Data Sheet (MSDS) for the products your students will use or the media with which your students will work (such as the type of wood) and identify the hazardous materials involved in their projects. Teach your students how to protect themselves either by reviewing the information in the MSDS or by obtaining one of the references listed on page 9 and reviewing the specific information on the materials being used. The following table describes the potential hazards associated with woodworking. The list of precautions below describes ways your students can protect themselves from these hazards. Activity Material Potential Hazard Wood- working Woods The dusts from many hardwoods are sensitizers, and both hardwoods and softwoods can cause allergic reactions of the eyes, skin, and respiratory system. Wood dust can also be toxic (for example, ebony, rosewood, blackwood, sequoia, and redwood). It is believed that some hardwoods cause a particular type of nasal carcinoma after an extended exposure and a long latency period. Softwoods are generally considered safer to work with. Wood- working Wood preservatives Many of the preservatives used to treat wood are quite toxic (for example, pentachlorophenol, chromated copper arsenate, zinc, and copper naphthenate). Exposures can occur from sawing wood or from handling the wood with bare hands. Wood- working Tools Machines used to shape or cut wood are noisy and can lead to hearing loss. Severe accidents can occur if: 1) hands or other body parts come in contact with unguarded moving parts, 2) cutting surfaces are dull, or 3) equipment is used improperly. Extended use of vibrating hand tools can cause deterioration of the muscles and tendons in the hand and cause Raynaud's syndrome, a condition in which hands cramp up, lose circulation, and are unable to move. Untreated it can lead to permanent hand impairment. Improperly grounded electrical tools may cause electrical shock. Wood- working Sawdust Fine sawdust suspended in the air in an enclosed environment can explode if it comes in contact with an ignition source. Wood- working Glue Some of the glues and adhesives used in woodworking (epoxy, cyanoacrylate, formaldehyde resin, and contact adhesives) are moderately toxic and may cause skin and respiratory irritation. Wood- working Paints and other solvent- based finishes Wood may be finished with paint, stain, lacquer, varnish, and various types of oil. These products contain solvents that evaporate quickly and contaminate the air. They are moderately toxic by inhalation. Some solvents are adsorbed through the skin. Many of these solvents are flammable. Oily rags can spontaneously. 16 Woodworking Precautions for Your Students • If possible, use less-toxic softwoods instead of rare tropical hardwoods and more highly toxic hardwoods, particularly if you have a history of allergies. • All floor-mounted woodworking equipment should be fitted with Local exhaust ventilation at the point of operation and filtered. If possible, select hand tools that have attached dust collectors. if your hands have cuts or are chaffed, wear gloves. Wear respiratory protection when working with exotic hardwoods or when using equipment that is not locally exhausted. Wear hearing protection such as earplugs or muffs when using noisy hand tools or machines. Wear goggles when working with equipment that generates dust or chips. Make sure all equipment is equipped with guards, and consider panic buttons for shutting off equipment in an emergency. Only use equipment on which a qualified instructor has given you a safety and operational orientation. • When cutting and handling wood treated with preservative, wear a respirator and gloves. Wash thoroughly when finished and before eating, drinking, or smoking. Never burn wood treated with preservative. • Do not use treated wood for sculpture. When working with found objects or scrap wood, be sure you do not accidentally cut or bum treated wood. • When using hand-carving tools, keep your hands behind the tool and cut away from your body. Keep tools sharp. • Vacuum up wood dust regularly. • Substitute the more toxic glues identified above with safer "white glue" (polyvinyl acetate) whenever possible. Wear a light pair of gloves when handling epoxy, cyanoacrylate, formaldehyde-resin glues, or contact adhesives. Wear chemical protective gloves and goggles as necessary when handling solvents or cleaning brushes. • If you will be applying a pint or more of a product that contains a flammable solvent, remove all sources of ignition from the area. Make sure you have adequate ventilation. Store flammable materials in a flammable-storage cabinet. Place all solvent-soaked rags and paper in self- closing oily waste cans and empty them daily. Know the location of the closest fire extinguisher and learn how to use it. • When finished working or leaving the shop, wash your hands thoroughly with soap and water. Never wash your hands in a solvent. Chemicals can pass through breaks in the skin and enter directly into your blood stream. Washing your hands frequently may dry them out, increasing the risk for cracks and breaks to develop in the skin. Apply skin moisturizers regularly to prevent your skin from drying out. Good personal hygiene is one of the most important ways you can reduce your exposure. 17 Photography The hazards associated with photography relate to the chemicals used in the photographic process, some of which can cause severe skin and respiratory reactions in sensitized individuals. Choose products that contain less toxic compounds when possible. Carefully review the Material Safety Data Sheet (MSDS) for the products your students will use and identify the hazardous materials involved in their work. Teach students how to protect themselves either by reviewing the information on the MSDS or by obtaining one of the references listed on page 9 and reviewing the specific information on the materials they are using. The following table describes the potential hazards associated with photo processing. The list of precautions below describes ways students can protect themselves from these hazards. Activity Material Potential Hazard Photography Photochemicals The organic and inorganic chemicals found in black -and -white and color photographic processing solutions can adversely affect the skin and respiratory systems after direct skin contact or inhalation. Organic amines found in developer solutions can cause allergic contact dermatitis. Some individuals become severely sensitized to these chemicals and can no longer work in darkrooms. Acidic solutions (found in stop baths) and bleaches are skin irritants and cause skin rashes. Many of the chemicals in photo processing solutions are highly toxic if ingested. Photo processing working solutions emit a variety of respiratory irritants including acetic acid, fonnaldehyde, hydrogen sulfide, and sulfur dioxide. Exposure to these irritants can cause increased susceptibility to respiratory infections. Long -tern exposure to high concentrations can cause acute and chronic bronchitis. Some photographic chemicals, typically associated with bleaches and toners, may be extremely toxic and include cyanide, chrome, lead, and mercury compounds. Highly irritating and toxic substances can become airborne if stock or working solutions are mixed with incompatible materials, suck as mixing stop bath solutions with fixer, toner, or any bleaching solutions. Photochemicals can cause severe burns to the eyes. 18 Photography Precautions for Your Students • Wear gloves, chemical splash goggles, and an apron when mixing working solutions and pouring them into trays or other equipment. If highly toxic compounds are involved, do it under local exhaust ventilation. Use premixed chemicals instead of dry chemicals if possible. • Wherever possible, substitute less -toxic alternatives for highly toxic photochemical developers, toners, and bleaches. Consult the product's MSDS. • When working with powders for special projects, perforin measuring and mixing in a glove box. • Never put your bare hands in working solutions (particularly developer solution, which may contain a strong sensitizer). Use tongs instead. If you come in contact with any solutions, wash the affected area immediately with soap (acidic cleanser such as pHisoderm) and water. When finished working or when leaving the darkroom, wash your hands thoroughly. • Wear a full-length smock or coveralls in the darkroom and do not wear them outside the darkroom. Wash them frequently and separately from other clothing. • Never eat, drink, or smoke in the darkroom. • Store concentrated photochernicals (particularly stop baths) on low shelves where they will not spill and splash your face or eyes. Store photochemicals in original or polypropylene containers—never glass. • Always turn on ventilation when working with chemicals. Darkrooms that process prints in open trays should be equipped with local exhaust "slotted" ventilation that draws air from the back of the trays. If local exhaust ventilation is not provided, the darkroom should have a general exhaust rate of at least 10 room air changes per hour. The complete volume of air in the room is exhausted every six minutes. Fresh make-up air should be introduced into the darkroom from behind the photographer. • Cover working solutions when not in use. • Learn where the eyewash station and safety shower are located and know how to operate them. • Clean up any spills immediately. Keep the work area uncluttered. • To prevent the release of toxic gases, never mix stop bath solutions directly with fixer, toner, or any bleaching solutions. • To the degree possible, separate electrical equipment from water sources and install ground fault circuit interrupters. 19 Metalworking The hazards associated with metalworking depend on the type of work performed and methods used. Artists may weld, braze, or solder metals as well as cast or forge them. Carefully review the Material Safety Data Sheet (MSDS) for the products your students will use and identify the hazardous materials involved in their projects. Teach your students how to protect themselves either by reviewing the information on the MSDS or by obtaining one of the references listed on page 9 and reviewing the specific information on the materials being used. Before students use metal working equipment, have a qualified instructor provide a safety and operational orientation for them. The following table describes the potential hazards associated with metalworking. The list of precautions below describes ways your students can protect themselves from these hazards. Activity Material Potential Hazard Metal casting Mold making The sand used in molds has high silica content, which can become airborne when being mixed with binders and resins. Some resins (phenol -formaldehyde, hexamethylenetetramine, polyurethane) are moderately toxic by skin contact and inhalation. Some mold releases may contain asbestos as a contaminant. Metal casting Melting and pouring metal; removing molds Melting metal can liberate metal fume (a small, deeply inhaled particle). The lead and zinc commonly found in bronze, as well as other metals, are highly toxic in this form. Furnaces may generate combustion products, such as carbon monoxide, that are highly toxic. Furnaces also generate high heat and infrared radiation that can lead to heat stress, skin bums, and possible cataracts. Pouring metal liberates metal fume, and the hot metal will bum the organic resins and binders in the sand mold, releasing potentially toxic decomposition products. Molten metal can cause severe burns. Breaking up sand molds can release high levels of silica dust. Metal forging Hot or cold metals Metal forging involves shaping hot or cold metal with hauuners and generates high noise levels and potential for crushing injuries. The furnaces used to heat metal may generate combustion products, such as carbon monoxide, that are highly toxic. Furnaces also generate high heat and infrared radiation. Hot metal can cause severe bums. Welding, brazing, soldering Metals and fluxes and welding rods The welding process generates a number of toxic air contaminants, including metal fume. if high energies are involved, such as in arc welding, oxides of nitrogen, ozone, and highly irritating acidic gases can also be created. If the metals being welded are coated with metals such as lead paint, zinc, chrome, cadmium, or other toxic materials, these metals will become vaporized and could be highly toxic if inhaled. Cobalt, chromium, cadmium, nickel, and beryllium are carcinogenic and cause brain damage. The ultraviolet radiation emitted from arc welding can transform chlorinated hydrocarbons into extremely toxic phosgene gas. Oxyacetylene torches produce carbon monoxide. The physical hazards associated with welding include electric shock (arc welding), burns, fires, and exposure to infrared and ultraviolet radiation. Lead and zinc are sometimes found in brazing rods, and fluoride and lead are common hazards associated with soldering. 20 Metalworking Precautions for Your Students • Use silica -free sand. Mix molding sand under local exhaust ventilation if possible. Otherwise, wear appropriate respiratory protection. • If possible, avoid using formaldehyde and polyurethane resins in molding sand and all asbestos -containing mold releases. Avoid using metals that contain lead, zinc, nickel and other toxic metals. • The furnace should be locally exhausted to remove combustion gases and fume generated from molten metal (casting). • Wear appropriately shielded goggles, a helmet and/or a face shield (depending on the work you are doing), coveralls, apron, insulated gloves, and shoe coverings when working around hot metal and furnaces. Wear earplugs or muffs while forging. • Work in pairs to pour metals into molds or use mechanical lifting aids. The pouring area should be equipped with local exhaust ventilation and contain a sand pit to catch overflow metal. Never pour directly over cement. Never let molten metal come in contact with water, grease, oil, or other organic materials. • Keep a fire extinguisher close by and know how to use it. • Before using welding equipment, carefully review the manufacturer's operational and safety procedures for all electrical equipment, compressed gas cylinders, regulators, and torches. After reviewing this information, obtain additional instruction and assistance in using the equipment from a qualified instructor. Follow all operational and safety instructions for your equipment. • Report any damaged welding equipment to your instructor immediately. • Use local exhaust ventilation to collect air contaminants generated while welding. • Never store or use chlorinated hydrocarbons or flammable or combustible materials in the same area in which you are welding, particularly arc welding. Use a welding curtain to shield your work from others. • Do not eat, drink, or sinoke in the studio. When finished working or leaving the studio wash your hands thoroughly. Good personal hygiene is one of the most important ways you can reduce your exposure. • Wear a full-length smock or coveralls in the studio and do not wear them outside the studio. Wash them frequently and separately from other clothing. 21 Glass Making The hazards associated with glass making relate to the processes and materials used. Glass making includes mixing, firing, melting, working, and annealing the glass. Carefully review the Material Safety Data Sheet (MSDS) for the products your students will use and identify the hazardous materials involved in their projects. Teach your students how to protect themselves either by reviewing the information on the MSDS or by obtaining one of the references listed on page 9 and reviewing the specific information on the materials being used. The following table describes the potential hazards associated with metalworking. The list of precautions below describes ways your students can protect themselves from these hazards. Activity Material Potential Hazard Glass making Fonners, flux, and stabilizers Glass formers include silica in the form of sand, silica flour, or flint. Chronic inhalation of free silica can lead to silicosis. Chemicals used in glass making, including lead compounds, arsenic oxide, antimony oxide, and sodium cyanide, are highly toxic causing cancer, brain damage, and other target organ damage. Potassium carbonate, sodium carbonate, and lime are corrosive to the skin, eyes, and respiratory system. Glass making Firing, melting, and annealing Gas-fired furnaces give off carbon monoxide. Melting products to make glass produces toxic gases. Furnaces and ovens give off tremendous amounts of heat. Thermal bums can result from reaching into the fumace. Infrared radiation from the molten glass can cause burns and cataracts. Refractory ceramic fibers used in the boards and blankets around fumaces may be carcinogenic. Free blowing glass Molten glass and decorations Furnaces generate high heat and infrared radiation. Molten glass can cause severe burns. Heavy gathers of glass and a steel blow pipe involve considerable expenditure of physical energy. Addition of colorants can result in the vaporization of metal fumes. Cutting and finishing glass Tools such as saws and grinders. Chemical etching agents, There is danger of injury from glass breakage. Dust may be inhaled. Etching acids are highly corrosive. 22 Glass Making Precautions for Your Students • Use cullet whenever possible to eliminate dust. • Use premixed, pelletized batches when possible. • Substitute less toxic chemicals for fluxes and stabilizers. Avoid using lead, arsenic, and antimony compounds. Do not use sodium cyanide if at all possible. • Use local exhaust when weighing out glass blowing materials. • Wet mop all powder spills. • Do not eat, drink, or smoke in work areas. Wash hands frequently. • Wear appropriate personal protective equipment including long-sleeved cotton shirts, infrared goggles, and gloves. Use shields to protect from infrared radiation. • Provide proper ventilation for all furnaces and insulate them with firebrick or other refractory materials. Do not use asbestos and avoid refractory ceramic fibers. • Take frequent rest breaks and acclimate your body to the beat slowly. • Use painting and dipping instead of spraying when decorating glass. Wear appropriate personal protective equipment. • Perform fuming, firing, or marvering with metal salts using local exhaust ventilation. • Make sure an eyewash station and emergency shower are readily available. • Use less hazardous abrasives when cutting and finishing glass such as alumina or silicon carbide. For abrasive blasting use an enclosed machine or appropriate blasting hood and respirator. • Do not use hydrofluoric acid solutions for etching. Use ammonium bifluoride pastes instead. 23 Thomas C. Ouimet is project manager and the former associate director of occupational health and safety in Yale University's Office of Environmental Health and Safety. A Certified Industrial Hygienist and Certified Safety Professional, he develops and manages university biological, chemical, and physical safety programs. Ouimet is a frequent presenter at meetings of the American Industrial Hygiene Association. He may be contacted at tom.ouimet@yale.edu. © 2000 United Educators. United Educators member institutions have permission to copy and use this material in connection with their own campus risk management programs. All other reproduction is prohibited without the express permission of United Educators. UV- United Educators Two Wisconsin Circle, Fourth Floor Chevy Chase, Maryland 20815 (301) 907-4908 FAX (301) 907-4803 www.ue.org Mike Ridley From: Steve Rogosheske <steverogosheske@gmail.com> Sent: Friday, June 23, 2017 9:41 AM To: APC Subject: Art works My name is Steve Rogosheske and live at 1479 West Pond Rd. I would like the council to reconsider the sale of the old firehouse to the proposed business. This is the only entrance/exit to our quiet neighborhood and there is limited parking at the location which would make congestion a major concern. We already get quite a few vehicles driving all the way to the end of road only to turn around again. I believe this will affect our property values negatively and our family friendly neighborhood. Thank you for your consideration. Sent from my iPad 1 Mike Ridley From: rosnes@comcast.net Sent: Friday, June 23, 2017 3:32 PM To: Mike Maguire; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen; Cyndee Fields Cc: Osnes, Russ Subject: ArtWorks Eagan Conditional Use Permit Dear Mayor, Council Members and Planning Commission Members, Thank you for your service to the residents of the City of Eagan. I know several of you personally and know that it is a significant time commitment to serve as you do. I am writing to let you know of my strong opposition to the proposed Conditional Use Permit for the Artworks Eagan Group for the Former Fire Administration Building located at the corner of Pilot Knob Road and Kingswood Pond Road. This building is located at the entrance to my neighborhood and I am very concerned about how approval of this Permit would compromise the safety and livability of our neighborhood. The Permit would allow over twenty "events" annually. There are slightly more than 50 parking spots, and a room the group has designated for performances has a capacity of 129 people, by their own documentation. Besides these 129 people, others could be in the building working on their own art projects and creations. It is very likely that at those events, parking will not be sufficient and cars will park down Kingswood Pond Road into the neighborhood. This happened every election day when that building was utilized as a polling place. However one day every few years was understandable. To have parked cars lining the only street into the neighborhood on a frequent basis presents not just an inconvenience, but a safety compromise as well. The street is narrow enough that with cars parked on both sides of the street there is really only room for one moving vehicle. Also, cars will turn around in the our driveways or the private road just into the neighborhood, which is where my house is located. Should there be a medical emergency or fire in one of the homes in the neighborhood while cars are parked, there would be compromised access for emergency vehicles to any home in the area. Also, there are no sidewalks. Kids riding bikes, people taking a walk or walking their pets will have to go down the middle of the street and navigate traffic with little room for error. The group also plans to install 1 or 2 Kilns for firing ceramic pieces created by the artists. Kilns emit toxins and these will be vented out of the building into our neighborhood and especially close to several houses that are in close proximity to the former Fire Administration building. This poses a health risk; please reference the letter to this effect written by Dr. Sharma. If the Permit is approved, the AWE group would be allowed to have events outside which will generate some amount of noise and disrupt what has historically been a quiet and peaceful area of the city. While no schedule has been made known, it is likely that many of these would be on weekend days, when people are home wanting to enjoy their homes and families. Also, there will be manufacturing of wood and metal works of art with the associated sawing, grinding, hammering, etc. that goes along with that activity. Since the building is proposed to have 24/7/365 access, this noise, which would be bad enough during the day, could also occur late in the evening or even through the night! Our neighborhood has historically been the safest in the entire city. Having one entry and exit that is right by the Police Station certainly helps keep crime down. If this Conditional Use Permit is granted, the building will be accessed by many people who come and go, are there late in the evening or through the night, and while AWE plans a vetting process for the people with access to the building, it is not a stretch to consider that someone not even affiliated with the AWE group could, in the hubbub of all the coming and going of events, normal late night activity, etc. enter the neighborhood with evil intent. They could get "lost in the shuffle", not noticed and put our homes and families at risk just due to the increased activity in the area. He or she wouldn't look out of place, whereas presently someone unfamiliar going through the neighborhood at least creates a look and notice by residents. We enjoy our neighborhood and safety is one of the treasured aspects we currently enjoy. Of course, I am in favor or Art and Performing Arts. Performing Art is certainly significant in our family, as Laura continues to live and perform in New York. The Artworks Eagan group has a noble and needed goal of extending the availability of art creation and performance. But the Fire Administration building is NOT the location to pursue this goal. There are other locations in Eagan that are more remote from neighborhoods and would be more appropriate for this type of endeavor. As a resident and business owner in the City for more than 33 years, I can say that Eagan is a wonderful place to live and work. One of the principles that Tom Hedges and the Councils maintained through the growth period of Eagan was the livability of the neighborhoods. The many parks that dot neighborhoods are a great example of the foresight and wisdom demonstrated through the years. The utilization of this building for this purpose by the AWE group goes counter to that historic emphasis on making sure that Eagan's neighborhoods are great places to live and raise kids. We want to keep ours representative of the high status that the city gets on the Money Magazine "Best Cities over 50,000 People" ranking. The AWE group needs to find another location option where they can create their vision and bring better art access to the community, but not infringe on the safety and pleasure of Eagan residents and taxpayers. No one would want to live next to a facility that creates so many negative consequences. Thank you very much. Dr. Russell N. Osnes 2 Mike Ridley From: David Steffen <wolfbrother7@gmail.com> Sent: Friday, June 23, 2017 7:00 PM To: Mike Ridley Subject: Re: Art Works Eagan Application Dear Mr. Ridley, This is David Steffen of 1452 Kingswood Ponds Rd. Regarding your response about not notifying the entire Kingswood Ponds neighborhood of the planned use of the old fire station building, I hope we can agree there is a difference between information being publicly available, and information being directly communicated to the taxpaying stakeholders to a major alteration of an existing residential neighborhood at the only ingress/egress point of that neighborhood. Imagine if, last year when the Kingswood Ponds Rd. was resurfaced, how rightfully upset your taxpaying residents would've been if only a few people in the neighborhood were informed of the timeline, traffic and safety updates, and cost of the road resurfacing. And the resurfacing project was clearly for the benefit of the neighborhood to improve safety and value longterm, and whose traffic and safety impact was only temporary, rather than the indefinite impact and likely overall detriment we are discussing in the case of the AWE project. It's possible that city procedures only strictly require that residents within 350 feet of such a change must be contacted directly, but I would hope that such a procedure would consider that a minimum required rather than a maximum. Since the property is located at the only entrance/exit from the neighborhood and has parking spaces wholly inadequate for the proposed use, it should be clear to anyone with a map that this will impact the whole neighborhood including all three of the private drives connected to Kingswood Ponds Rd. As a taxpaying citizen, I expect as due diligence on such a project that I should be directly informed by mail well in advance of a major change that would affect my neighborhood. I had previously trusted that the city would provide such notification whenever pertinent, but it appears that I have misplaced my trust in this matter --the notification policies have proven grossly inadequate, and the response to citizens' valid concerns about inadequate notifications is in itself inadequate. If the city wants to show its good faith in their handling of this matter, a formal mailed notification should be sent to the entire affected neighborhood immediately. Most of us have heard from word of mouth from our fellow concerned citizens by now, but a whole -neighborhood official notification would help show that the city is at least willing to communicate when it becomes clear that communication is needed. The same notice sent to those within 350 feet could be used with the entire proposal for conditional use included. If this were done immediately it would still have time to reach all residents in this neighborhood before the July 5th hearing to ensure that at least one official communication on the matter has reached all stakeholders in the neighborhood before the final city council vote on the matter. Thank you for your time. Sincerely, David Steffen On Fri, Jun 23, 2017 at 3:48 PM, Mike Ridley <MRidley@cityofeagan.com> wrote: 1 Mike Ridie From: Kristen Volden <kvolden@comcast.net> Sent: Saturday, June 24, 2017 1:22 PM To: APC; Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; Gary Hansen Subject: Opposition to Eagan Artworks in old Fire Administration Building Dear Mayor, Council Members, and Planning Commission, As a resident of 1439 Kingswood Ponds Road, I am writing to express my opposition to the Conditional Use permit for Eagan Artworks and my opposition to the pending sale of the old Fire Administration Building to Eagan Artworks. My concern encompasses the safety of the neighborhood and its residents in these ways: Proximity- • The old Fire Administration Building is very close to several neighborhood homes. This poses an air quality issue when kilns are fired and toxins are vented into the back yards of homes. • The creation of some works of art will require loud machinery which will negatively affect the outdoor experience for several homeowners. • 24X7 access to the building will affect the sense of safety and security in a neighborhood that has an historically low crime rate • Eagan Artworks proposes to hold at least 20 events during the year. The increase in noise will result in noise pollution issues for the neighborhood. • The increased traffic created by community events will be a burden to the neighborhood. Kingswood Ponds neighborhood has one entry/exit point. Traffic will flow in and out of the parking lot which has entry and exit points very close to the light at Pilot Knob Road. This will congest an already much used area. The wait at the light to exit Kingswood Ponds Road is long and cars will build up causing traffic issues. S afety- • On Election Days in past years, the street filled up with parked cars on both sides of the road. This effectively created a one-way street for neighborhood residents to navigate. Eagan Artworks is planning 20+ events a year. Kingswood Ponds Road will effectively be a one-way street for 20+ days a year. This severely limit access that an emergency vehicle would need to respond to a call for help from our residents. • Parked cars on both sides of the street pose a problem for pedestrians. Our neighborhood has no sidewalks. Residents and event attendees will either walk on the already narrow street or walk on private property. • Parked cars creating a one-way street will mean that in order to leave the neighborhood, a driver will pull into a private driveway to turn around or drive through the entire neighborhood to turn around in the cul-de-sac and try to navigate back through a narrow one-way street. (This neighborhood has one entry/exit point.) • Increased traffic will potentially endanger neighborhood children. I know of 15 children under the age of 7 in our neighborhood. We know each other in our neighborhood. We look out for each other. My daughter grew up in a tranquil, safe neighborhood where she could run and play outside in safety. The increase in traffic, parked cars, event attendees will change the quiet, safe atmosphere of the neighborhood creating a narrow, busy street filled with strangers on 20+ days. • Potential liquor license- A drink or two could impair the judgement of event attendees who then will drive on a narrow, one-way street through our neighborhood to exit at the light which will be congested with traffic. This is another issue which impacts the safety of both adult and children in the neighborhood. • If some event attendees do park at the Civic Arena, the Pilot Knob/Wescott/Kingwood Ponds Road intersection isn't safe for pedestrians or drivers. Earlier this year I was almost hit in the cross walk by a driver turning left from Wescott to go south on Pilot Knob Road. I put in a call to the police right after it happened. Drivers on Pilot Knob Road frequently drive very fast to beat a yellow light at this intersection. An increase in pedestrians and cars to this intersection will increase problems. This poses a danger to Eagan citizens as well as neighborhood residents. I am also concerned about fiscal responsibility and transparency regarding the residents of Eagan: • The City of Eagan is selling a $1.7 million dollar building for $500,000. This sale isn't a good return on taxpayer investment. • Eagan Artworks is a non-profit organization and will not pay taxes. A sale could be made to a business that would increase Eagan's tax base. • The City of Eagan and Eagan Artworks were not transparent in their process of brokering an agreement for purchase that included the Kingswood Ponds residents until the sale was all but finalized. I am disappointed in the parties involved. This sale greatly impacts our neighborhood. In summary, I am opposed to the sale of the Fire Administration Building by the City of Eagan to Eagan Artworks, and I am opposed to granting a Conditional Use permit. Thank you for taking the time to thoughtfully consider my position. Sincerely, Kristen Volden 2 Mike Ridley From: Jeffery Hyde <jeffhyde0@gmail.com> Sent: Monday, June 26, 2017 8:47 AM To: Mike Ridley Subject: Re: Art Works Eagan Application Attachments: image001.gif Mike Who is your Direct Contact on This Matter With Dakota County ? I.e. Roadway, Safety, Has Public Safety/Cheif of Police Committed To : Additional Police Protection Are The Intended Renters at Art Center/ Fire Station Required to have Background Checks ? When Will Traffic Study & Enviromental Impact Study Be Conducted Thank you in advance For Your up - coming and Continued information Jeffrey Hyde What Infirmation has On Fri, Jun 23, 2017 at 3:48 PM Mike Ridley <MRidley@cityofeagan.com> wrote: Neighbors of 3795 Pilot Knob Road: Thank you for providing your comments regarding the Conditional Use Permit (CUP) application by Art Works Eagan for use of the Fire Administration Building that will appear on the Advisory Planning Commission (APC) agenda on Tuesday June 27, 2017 at 6:30 PM. You can access the staff report and supporting information that has been provided to the APC and City Council at the link below: Mike Ridley From: Tom Volden <volden.tom©gmail.com> Sent: Monday, June 26, 2017 12:28 PM To: Mike Maguire; Cyndee Fields; Meg Tilley; Paul Bakken; City Council; Dave Osberg; APC; Gary Hansen Subject: Conditional Use Permit for Art Works Eagan Dear Mr. Mayor, Council Members, and Planning Commission, I am a 9 year resident of 1439 Kingswood Ponds Road and am writing to express my opposition to the Conditional Use Permit for Art Works Eagan for the former Fire Administration Building located at 3795 Pilot Knob Road. As a strong supporter of the arts, I feel fortunate to already have great access to the Eagan Art House, Caponi Art Park, the annual Eagan Art Fair, art activities available at MarketFest, and other events at the ECC, all within a walkable distance from my home. However, after reading the article titled "Art Works Eagan in tough spot" in the June 23 issue of the Burnsville/Eagan Sun newspaper, I have to reluctantly oppose the granting of the Conditional Use Permit. While I do share some of the concerns about traffic, parking, noise, etc. which I am sure you have been made aware of by other residents of the neighborhood, my larger concern is the long term viability of Art Works Eagan and their ability to properly maintain the former Fire Administration property. The article mentioned above makes it clear that the organization lacks funds to complete the purchase of the building, even at a price which is well below the assessed value. This makes me question what, if any, reserves they have for maintenance of the building and grounds, snow removal, and ongoing utility expenses which must be sizable for this large of a building. I wish Art Works Eagan success in their efforts to further connect arts to the community, but believe that the organization and the community would be better served by having them find a building which is more well suited for their current means. Gambling with such a large structure on an unproven start-up non-profit which appears to lack sufficient funding for the ongoing expenses that will come with ownership of a building of this scale seems unwise for the city, and raises additional concerns for the property values in the neighborhood should the building and grounds go unmaintained. As a result, I am in opposition of the sale of the former Fire Administration building and granting of a Conditional Use Permit to Art Works Eagan. Thank you for your consideration. Regards, TOM Tom Volden 1439 Kingswood Ponds Road Eagan, MN 55122 volden.tomgmail.com 1 Mike Ridley From: msupina@comcast.net Sent: Monday, June 26, 2017 11:35 PM To: Mike Ridley; APC Subject: Art Works Eagan CUP To the Eagan Advisory Planning Commission: I am unable to attend the APC meeting Tuesday evening but I am writing in support of Art Works Eagan's CUP application for the former Fire Admin Building. As you know, Conditional Uses are typically considered appropriate and acceptable unless a compelling argument can be made otherwise - the burden of proof is on the opponents. The normal daily use proposed by AWE is essentially the same in terms of occupant load and vehicular traffic as the Fire Department and commercial business uses that had previously occupied this building. The only potential difference would be during special events; AWE has an overflow parking plan to address that. With regard to AWE's vision for this space, it will be unique in the south of the river suburbs and a feather in the cap of Eagan, highlighting our community on the Twin Cities cultural map. It will represent an additional link in the arts and culture loop which includes the Westcott Library, Glacier Hills Arts & Science Magnet School, the Eagan Art House, and the Caponi Art Park. I encourage the APC to consider the facts, the history of this site, and the vision for what Eagan can become, and recommend unconditional approval for Art Works Eagan's CUP application. Mike Supina 1656 Sherwood Way Eagan MN 55122 651-706-0061 6/26/2017 Mail - smsboodoo@hotmall.com Conditional Use Permit for Art Works Eagan Tom Volden <volden.tom@gmail.com> 7127 i i41 mmaguire@cityofeagan.com <mmaguire :ityofeagan.com>; cfields@)cityofeagan.com <cfieldsC cityofeagan.com>; rntilley@/cityofeagan.corn <rntilley@cityafeagan.corn>; pbakken@cityofeagan.com <pbakken@cityofeagan.corn>; citycounciR.cityofeagan.com <citycouncil< ctyc€eagan.corn>; dosberg@cityofeagan.corn <dosberq°: %cityofeactan.com>. apc@cityofeagan.com <apc@acityofeagan.com>; ghansen(cityofeagan.com <ghansen(cityofeagan.com>; Dear Mr. Mayor, Council Members, and Planning Commission, I am a 9 year resident of 1439 Kingswood Ponds Road and am writing to express my opposition to the Conditional Use Permit for Art Works Eagan for the former Fire Administration Building located at 3795 Pilot Knob Road, As a strong supporter of the 30,s, I feel fortunate to already have great access to the Eagan Art House, Caponi Art Park, the annual Eag.an Art Fair, art activities available at MarketFest, and other events at the ECC, all within a walkable distance from my home. However, after reading the article titled "Art Works Eagan in tough spot" in the June 23 issue of the Burnsville/Eagan Sun newspaper, i have to reluctantly oppose the granting of the Conditional Use Permit. While I do share some of the concerns about tniffic, parking, noise, etc, which I am sure you have been made aware of by other residents of the neighborhood, my larger concern is the long term viability of Art Works Eagan and their ability to properly maintain the former Fire Administration property. The article mentioned above makes it clear that the organization lacks funds to complete the purchase of the building, even at a price which is well below the assessed value. This makes me question what, if any, reserves they have for maintenance of the building and grounds, snow removal, and ongoing utility expenses which must he sz_able for this large of a building. wi h Art Works Eagan success in their efforts to further connect arts to the community, but believe that the organization and the community would be better served by having them find a building which is more well suited for their current means. Gambling with such a large structure on an unproven start-up .non-profit which appears to lack sufficient funding for the ongoing expenses that will come with ownership of a building of this scale seems unwise for the city, and raises additional concerns for the property values in the neighborhood should the building and grounds go unmaintained, As a result, I am in opposition of the sale of the former Fire Administration building and granting of a Conditional Use Permit to Art Works Eagan. Thank you for your consideration. Regards, TOM Torn Volden 1439 Kingswood Ponds Road Eagan, MN 55122 volden.tom@grnail,com https://outlook.live.com/owa/?realm=hotmaii.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhYjktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 1/1 6/26/2017 Mail - smsboodoo@hotmail.com ArtWorks Eagan Conditional Use Permit rosnes@corncast.net ..123/20 17 f ..,:3 1 P''.. •.imaguire@cityofeagan.com <mmaguire`acityofeagan.ccrm>; niti ley@cityofeagan.can <mtiliev@uty_rfeagan.com>; pbakken(wcityofeagan,c.)m <pbaklen@cityofeagan.com>; citycouncil(ucitycfeagan.com <ci ycouncil@cityoteagan.com>; dosberg@cityofeagan.corn <dosbberge'cityofeagan.com>; apc@cityofeagan.corn <apc©ci yofeagan.com>; ghansen@cityofeagan,cam <ghanseri cityofeagan.con>; cfields©cityoteagan.com <crielJs©cityofeagan.ccom>; ()sties, Russ <rosnes@cor cast.net>; Dear Mayor, Council Members and Planning Commission Members, Thank you for your service to the residents of the City of Eagan. I know several of you personally and know that it is a significant time commitment to serve as you do. I am writing to let you know of my strong opposition to the proposed Conditional Use Permit for the Artworks Eagan Group for the Former Fire Administration Building located at the corner of Pilot Knob Road and Kingswood Pond Road. This building is located at the entrance to my neighborhood and I am very concerned about how approval of this Permit would compromise the safety and livability of our neighborhood. The Permit would allow over twenty "events" annually. There are slightly more than 50 parking spots, and a room the group has designated for performances has a capacity of 129 people, by their own documentation. Besides these 129 people, others could be in the building working on their own art projects and creations. It is very likely that at those events, parking will not be sufficient and cars will park down Kingswood Pond Road into the neighborhood. This happened every election day when that building was utilized as a polling place. However one day every few years was understandable. To have parked cars lining the only street into the neighborhood on a frequent basis presents not just an inconvenience, but a safety compromise as well The street is narrow enough that with cars parked on both sides of the street there is really only room for one moving vehicle. Also, cars will turn around in the our driveways or the private road just into the neighborhood, which is where my house is located. Should there be a medical emergency or fire in one of the homes in the neighborhood while cars are parked, there would be compromised access for emergency vehicles to any home in the area. Also, there are no sidewalks. Kids riding bikes, people taking a walk or walking their pets will have to go down the middle of the street and navigate traffic with little room for error. The group also plans to install 1 or 2 Kilns for firing ceramic pieces created by the artists. Kilns emit toxins and these will be vented out of the building into our neighborhood and especially close to several houses that are in close proximity to the former Fire Administration building. This poses a health risk; please reference the letter to this effect written by Dr. Sharma. If the Permit is approved, the AWE group would be allowed to have events outside which will generate some amount of noise and disrupt what has historically been a quiet and peaceful area of the city. While no schedule has been made known, it is likely that many of these would be on weekend days, when people are home wanting to enjoy their homes and families. Also, there will be manufacturing of wood and metal works of art with the associated sawing, grinding, hammering, etc. that goes along with that activity. Since the building is proposed to have 24/7/365 access, this noise, which would be bad enough during the day, could also occur late in the evening or even through the night! https://outlook.live.com/owa/?realm=hotmail.com&path=/mail/AQMkADAwATExAGE2h'y00YzQ5LWJhYjktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 1/2 6/26/2017 Mail - smsboodoo@hotmail.com Our neighborhood has historically been the safest in the entire city. Having one entry and exit that is right by the Police Station certainly helps keep crime down. If this Conditional Use Permit_is granted, the huildinf:; brill he ao by. 'n'ny people who come and so, are there I2te ins the ev=_•r,lria or throug' the r►lcrr;t, and wsute AVVEplats a vett,ng_proc' ss for the people wirh access to the building it is not a stretch to consider that someone not even affiliated w,th the AVE ;jrooi ppcculd in the hubbub of all the coming and going_of events normal late nicht activity, -etc. enter the neighborhood with evil intent They could get "lost in the shuffle", not noticed and put our homes and families at risk just due to the increased activity in the area. He or she wouldn't look out of place, whereas presently someone unfamiliar going through the neighborhood at least creates a look and notice by residents. We enjoy our neighborhood and safety is one of the treasured aspects we currently enjoy. Of course, I am in favor or Art and Performing Arts. Performing Art is certainly significant in our family, as Laura continues to live and perform in New York. The Artworks Eagan group has a noble and needed goal of extending the availability of art creation and performance. But the Fire Administration building is NOT the location to pursue this goal. There are other locations in Eagan that are more remote from neighborhoods and would be more appropriate for this type of endeavor. As a resident and business owner in the City for more than 33 years, I can say that Eagan is a wonderful place to live and work. One of the principles that Tom Hedges and the Councils maintained through the growth period of Eagan was the livability of the neighborhoods. The many parks that dot neighborhoods are a great example of the foresight and wisdom demonstrated through the years. The utilization of this building for this purpose by the AWE group goes counter to that historic emphasis on making sure that Eagan's neighborhoods are great places to live and raise kids. We want to keep ours representative of the high status that the city gets on the Money Magazine `Best Cities over 50,000 People" ranking. The AWE group needs to find another location option where they can create their vision and bring better art access to the community, but not infringe on the safety and pleasure of Eagan residents and taxpayers. No one would want to live next to a facility that creates so many negative consequences. Thank you very much. Dr. Russell N. Osnes https://outlook.l;ve.comIowa/?reaim=hotmail.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhY;ktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 2/2 6/26/2017 Mail - smsboodoo@hotmail.com Concerns Regarding Sale of Fire Administration Building to Artworks Eagan Angela Wellik <angela.wellik@gmail.com> \',';:i! 6,,21/2617 9:42 J.°4 mmaguire@cityofeagan.com <r maguire@cityofeagan.com>; cfields@cf.yofeagan.com <cfields@cityofeagan.com>, mtilley@cityofeagan.com <mtilley@cityofeagan.com>; pbakken@cityofeagan.com <pbakken@cityofeagan.corn>; citycouncil@cityofeagan.com <citycounc;I c:tyofeagan.com>; dosbergC)cityofeagan.com <dosberg,wcityofeagan.com>; ccsmsBocd o@hots aiL om <smsBoodoo@hotmaii.com>; KT; Arty/orks Men;o to Ciiy Eagan 20170505.pdf; Mr. Mayor, Council Members, and key parties: Hello, This message is intended to relay my strong concerns and opposition of the current sale and conditional use permit of the Fire Administration Building (located at 3795 Pilot Knob Road) to Art Works Eagan (AWE). My name is Angela Wellik, resident of 1419 Kingswood Ponds Rd; a property directly adjacent to the Fire Administration Building. As a current resident and mother of two, I'm extremely concerned and disappointed to learn of the potential sale to AWE. Please allow me to use the "Request for Conditional Use Permit and Variance within the Limited Business District" document (attached), as a format for me to relay my concerns, and how this move will create undue hardship for me, my family, and my neighbors. • "Studios for Working Artists:„ o The document states that AWE will rent space to artists. It has to be assumed that this space can be used 24 hours a day, 7 days a week, 365 days a year. It is unacceptable to have a building in a residential neighborhood be used as such. o This section goes on to states there will be several kilns installed. While AWE references that specialists will be brought in to install ventilation equipment in accordance with universal standards, it is unacceptable for these gasses to be vented into a neighborhood with such close proximity. Additionally, nowhere in the document does it address the potential health risks of such gasses. Venting "noxious" gasses into the atmosphere with such close proximity to any resident — but especially children — cannot be tolerated. o This section does not reference any sort of vetting to ensure the occupants of this space are not dangerous. This concern increases exponentially given it doesn't appear this property will be staffed regularly; and when it is, it will most likely be by volunteers. • "Performance Space:" it is not appropriate to have a performance hall in such close proximity to homes; and with such limited parking space. Parking will most certainly overflow on to our small neighborhood streets creating safety concerns with neighborhood children, and a bottleneck for emergency vehicles if needed. Kingswood Ponds Rd was simply not designed to handle overflow parking. • "Makerspace:" as stated in the document, the equipment produces "quite a bit of noise." i have twc; toddlers who go tQ bed at 8:00 PMM. Given the 24 hour nature of the facility, ANY such noise is unacceptable. https://outlook.live.com/owa/?realm=hotmail.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJ hYktMDACLTAwCgAuAAADFTLhVorXIkKvBx3bV... 1/2 6/26/2017 Mail - smsboodoo@hotmail.com • "Community Gathering, Workshops and Facility Rental:" while the intent of this space is admirable, the impact this "group rental of gathering space" would have on the Kingswood neighborhood is unreasonable. Nowhere does it state who is eligible to rent this space and/or the hours the space would be available. • "Arts Organization Support and Connection:" it appears this space will be open to use beyond just AWE; including "Dakota Center for the Arts, Eagan Art House, Eagan Artist Connect, and others. It is completely unacceptable for our neighborhood to be subjected to the increased traffic this would cause. • "Resource and Networking Center for Working Artists:" once again, the population utilizing this facility goes beyond AWE members to include "non-members." How is AWE ensuring non-members — or members for that matter— are safe to be occupying this space in such close proximity to children, families, and homes? • "Artisan Marketplace:" people will be able to buy artwork at this facility. I not only find this inappropriate for the property, but it also will create high traffic at an already busy intersection. • "Fine Art Gallery:" based on the language within this document, the intent of the "Fine Art Gallery" is to attract community members and whole institutions. Again, this creates an unsafe level of traffic in the Kingswood Ponds neighborhood. • "Temporary Outdoor Events:" while AWE plans to limit the noise created by their equipment by putting it in the basement of the property, how does it plan to limit the noise from outdoor performances and concerts? Outdoor events are completely inappropriate and cannot be tolerated in our neighborhood. I would encourage AWE to explore more appropriate venues such as Central Park for such events. o The document states AWE plans to have no more than 20 events per year. Given the amount of days outdoor events are feasible in Minnesota, this volume is unacceptable. o Nowhere in the document does AWE reference the time of these events. I am extremely concerned that the noise created from these events will impact the ability of my kids to fall asleep. o Given the size of the property, one would assume the outdoor events would need to take place in the parking lot. Where would people park? Parking on Kingswood Ponds Rd would create safety risks within our neighborhood. • "Art Library" and "Coffee Shop:" in alignment with the other similar items, increasing traffic in this neighborhood is undesirable and isn't safe. Regarding the "Need for Variance With Regards to Artisan Marketplace Use:" as AWE states, "the intent of the restriction is to curtail the sale of mass-produced factory goods that could potentially draw an untenable number of consumers to a location not capable of handling increased person or vehicle traffic." This restriction is completely relevant in this case as evidenced by my concerns above. I urge the City of Eagan Planning Commission and any other stakeholders to protect the citizens of Kingswood by limiting person AND vehicle traffic in our neighborhood — especially given the small children who often play outside. Kingswood is a quiet neighborhood. It's what attracted most of us to this area. Had I known that the Fire Administration Building had the possibility of being sold to a tenant who planned to not only increase local traffic but "serve the whole south metro," per their submission, I would not have moved here. This space is not appropriate for AWE as it creates an undue hardship on the nearby residents. I ask the Council and all concerned parties to reconsider this sale and conditional use permit. A Concerned Mother, Angela Wellik https://outlook.live.comIowa/?realm=hotmail.com&path=!mail/AQMkADAwATExAGE2Ny00YzQ5LWJhYktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 2/2 6/26/2017 Mail - smsboodoo@hotmail.com Request for Disapproval of AWE Fire Building Use nathan delgado <nathandelgado@live.com> 11d6/-1'1/201 4.'" mmaauire@)cityofeagan_com <mmaguire©ctyofeagan.r_nm>; cfields@ciyofeagan.com <cfields@?cityafeagan.corn>; mtiliey©cityofeagan.com <nnti!!eyir cttyofeagan.coni>; pbakken@cityoleagan.com <pbakken@citycfeagan.com >; citycouna4>cityofeagan.com <citycouncilgc:tyc`eagan.com>; dosberg(cityofeagan.com <dosberc;@iityofeagan.cam>; Sean Boodoo <smsboodooC}riotnmail.cc >; Mayor Maguire, Counciimembers, and Planning Commission: My name is Nathan M. Delgado. My wife, three children and I are residents of the Kingswood Ponds Rd. neighborhood. First off, thank you for all you do for our city and community. You have our respect and support. Additionally, kudos if you actually read through this entire lengthy and hastily written email. As I'm sure you are aware, our community has many valid concerns with the proposed sale and use of the Fire Administration Bldg. located at 3795 Pilot Knob Road, by Art Works Eagan (AWE). My wife and I spent many hours conducting our own research into the matter, considered input provided by our neighbors, attended neighborhood informational gatherings, and discussed certain issues with members of city staff. I am writing to voice my disapproval of Art Works Eagan purchasing or otherwise operating in the Fire Administration Building at the end of our block. The level of involvement and communication that has that has taken place in our community over the past week is astonishing. The concern and support shown for our families and each other, cerebral analysis from a diverse array of intelligent professionals, and fervent engagement in civic process is reassuring of the fact that our community can and will come together in times of need, and aggressively pursue solutions to issues endangering our well-being and livelihood. While it would be unreasonable to expect the city to bend for every individual request, in this situation, I believe the city would fail its purpose were AWE allowed to operate in the fire building. There is both overwhelming support from an entire neighborhood of honest, hard-working citizens, and innumerable logical concerns for problems that will undoubtedly arise if AWE operates next door. The benefit to the city as a whole simply is not there, nor would it outweigh the health, financial, and quality of life detriment to the hundreds of people who live in our neighborhood even if it were. I'm sure you are receiving correspondence outlining many concerns and will also hear from many residents during the upcoming APC and council meetings on this issue, though VII list some of my concerns. 1. Kiln emissions: Researched and quantifiable pollution that will undeniably effect our air quality and the health of our children and ourselves. Those who are immunocompromised, sensitive to allergens, and who have a wide range of other health concerns face an even more serious threat to their longevity. 2. Fiscal irresponsibility: We tax payers spent a great deal of money on the fire building. To see it sold at a rock bottom price to an organization that should hardly call itself a non-profit is very disappointing, particularly as the city faces a need for more office space and is hiring firms to draft plans to remodel or add to the municipal building. While proceed from the AWE deal could offset some of the costs of updating the municipal building, it is incredibly difficult to argue that greater savings to the city would come from selling the fire building. 3. While it is common for non -profits to charge for some services as they rarely can survive on donations alone, both common sense and detailed evaluations of AWEs business proposal looks far more like a typical business than a non-profit that will serve a greater good throughout the community. The vast majority of the building would be rented space, use of resources would require contracts and fees, and access would be controlled and limited to "members". They cunningly use the word "communal", though even that, too, has a contract and associated fees (which I have read). I understand they intend to offer https://outlook.live.corn/owa/?realm=hotmaiI.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhY ktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 1/2 6/26/2017 Mai - smsboodoo@hotmail.com occasional workshops that are free to the public, however most require an admission fee. Similarly, it appears as though the few spaces that may be open to the public are simply areas where the organization can sell art and other products. The only difference between this and Hobby Lobby is that AWE can also sell you a rental studio and perhaps food and beverage. So as previously said, AWE should hardly call itself a non-profit with the ability to serve the greater community. I have volunteered with many community efforts and non -profits, and know universal value when I see it. 4. Traffic congestion: Being a dead end neighborhood off of a main road, it is regular for non-residents to wind up on our streets and looking for a place to turn around. I've lost count of how many times I've seen disrespectful people barreling down our streets that have many blind turns and close to a hundred children within a half -mile stretch. While I limit how far my young kids can go down the driveway towards the street, there have been many instances where we have been in our driveway playing and some random person looking for a place to turn around enters deep into our drive way after rounding the turn too fast. Were my kids closer yet still not within 30 feet of the street, 3 times they would have been hit by a car traveling fast enough to leave marks on my concrete. Another time, 1 estimated a vehicle to be traveling nearly 55 miles per hour down our street, again with both my neighbor and I along with our children outside. There are no parks in our closed neighborhood, so going for walks is a very common activity that we all enjoy. There is a very real danger presented by the increase in traffic that will certainly come with AWE's presence. The only way to mitigate this is for them to not be there. 5. Parking: I've lived for some years in major metro areas and one thing that was quite frustrating was the inability to park in front of your own house, as well as always having some random car parked in front of your house. People leave trash, fail to respect your property, and at times pose a threat to family. I've had an elderly neighbor and his wife who were robbed at gun point by such a random person. Just because Eagan is a safer city in general does not mean that avoidable conflicts will not arise. Parking signs are an option, though lets be honest, who wants a sign posted in their front yard? Certainly not I. Not in a neighborhood with modest properties like ours. Also, the onus to call towing companies is a burden that residents should not bare, and it would be rude of the city to impose such circumstances on us. Parking and traffic will undoubtedly be more of an issue as they hold events. 6. AWE would be far better located in an commercial or industrial area. Or, if this alleged community benefit is of such importance to the city, they should make room for them within the confines or close to the Capon' Art Park — though even still, [ just don't see the overall value in their organization, at least not if it costs the taxpayers. They are far too much of a for-profit business and their services will realistically only be used by a small niche of citizens. 7. Exposure to the crime and unsightly/unruly crowds that can be typical of other, similar studios elsewhere. This situation has also highlighted just how much room for improvement exists within the city's notification process. It doesn't exude transparency and instead gives the impression that the city is content with allowing AWE to operate out of the building without regard for resident concerns, and then simply placing the onus for cleaning up the mess, reporting complaints, accepting the reduction in property values, and pursuing further litigation or other resolution at the doorsteps of citizens. I could go on, though this is quite enough to have lost the attention of most. I look forward to discussions during upcoming meetings. Again, thank you for the time you've taken to read my email, and know that I value your service. Very Respectfully, Nathan M. Delgado https://outlook.live.com/owa/?realm=hotmail.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhY]ktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 2/2 6/2e/2017 Mail - smsboodocVahotmaiLcom Use Permit for Old Fire Admin Building- 3795 O'/]f Know l}w v`mmaguie@itynfeagan.com<mmagwe©ritynfeagnnzom'; c5eNs0)chynfeagancorn /c5elds@cityofeagan.com`/ md||oy8gcityofeagan.com <mUUcy@chyofengan.com';pbokkenPchyofeaganzum <pbaQen(0dtyofeaganzom`; citycounccityofeagonzom^citycouncVdDcityefeoganzomxdosbergVDckyofeagan.com<dosbe'g©dcyofeagunzom>; apc@cityoteaganzom mpc6Dcityofcagan.com';ghansenchyofeogun.com /ghun`engcityoeognn.com'; To all, I am writing this email to express my grave concern and consternation with reference to the upcoming change of status of the Fire Admin Building. We have lived at 1404 Kingswood Pond Road, Eagan since 1998 and were one of the first families to move into the neighbourhood. The house is located across from the Building, which did not exist at that time, Even though the Building has always been a source of unwanted disturbance since its inception (fire trucksambulances, employees, election site etc) we have never expressed our displeasure because of relatively mild nuisance associated with it. However, now we are extremely concerned. First, I am a physician and specialize in pulmonary medicine. l strongly feel that the buiUdng of kiln on this site is an unwarrated source of environmental pollution that will adversely effect health of those who live in the neighbourhood (there is enough written about this in literature and so I will not repeat it). Iann sure that you have done your due diligence regarding that installation (though we have not seen it) but that does not satisfy me. l know what is legal is not always safe and we did not sign up for this when we moved in here over two decades ago. I would like to mention that in 2009 I took on the case of use of chlorination in DisLrict196 pools that was adversely effecting health of our cN|dren...ch|oMnation was standard methodology at that time- perfectly legal but totally unsafe. Changes were insbtuted following that. Second, the comings and goings of strangers and the crowding, parking and safety issues associated with the same are another over arching concern. We along with other families planned to live in a quiet, friendly and safe neighbourhood. This change is threatening the very cornerstone of our choice to be here, We did not sign up for this. Third, this expensive builidng came into being after we moved in and its use was very limited. It was supported in part by our money. It is thus City's responsibility to take our opinion into consideration as it seeks to divest itself of it. I hope City will find another use for this building - one which is family friendly. Regards, Anuja Sharma, MD mtpa://ouuoox.lw bV.' 1/1 6/26o017 Mal .cum Please Reject th Conditional Use Permit for 3975 Pilot Knob Road David Steffen <wolfbrother7@gmaii.com> �u�/L2/Zu'71Z:0ldu -tyapc@ch-yofeaganzom m m'; To the Members ot the Advisory Pannng Commission of Eagan, 1 am David Steffen of 1452Kingswood Ponds Rd. Less than a week ago1 found out by word of mouth that the City of Eagan is plarining to seiI tht old firehoue on Pilot Knob and Kngwood Ponds Rd to AVVE. The pro osed use for the property s pitched as an enhancement for the community, but with no apparent thought to the community that the property is actually adjacent to. The traffic safety hazards, environmental concerns, and noise pollution are all a huge concern to our neighborhood which is one of the safest in the city. I can't believe that I had to learn about the sale after the purchase has already gone through, and only then by citizen-to- citizenwoodo/mouth'instead(Jhei:gnotifiedbytheCirywhendearlytheentireKingsxoodPondsRdcommunityisaffectedbythe traffic nightrnare that this use of the fac0ity is going to cause. AWE has made no effort to contact us regarciing this proposed use, and only a few of us have been contacted by the city to discuss it, after the purchase agreement had already been apparenfiy signed.Please help us protect our neighhorhood by rejecting the conditional use permit. By what 1 understand,nd, the area of the building proposed to be used for performing arts can house about 130 people, more than twice the number of parking spaces in the lot of the building, and that's not even taking into account the other areas of the building or the fact that the conditional use proposal also includes outdoor showings and concerts of unspecified size, Supposedly the city hall Parking lot is supposed to he their overflow, Nit am skeptical that anyone who has had to deal with overflow parking situations thinks that's what's going to happen—thoSe going to the property will see the parking lot is full and will "immediately go to the closest adjacent legal parking spots, which so conveniently line both sides of Kingswood Ponds Rd, rather than park half a block away and cross on foot one of the heaviest trafficked roads in Eagan. I moved into this house in 2008, and I remember Election Day 2008 when vating was still held in the firehause building. Parked .ars backed upta my house that momning and it was e danger to get out of the neighborhood with the cars still nflowing and the road made narrow by all the cars. The traffic iqht c get outof Kiriqswood Ponds Rd is already one of the worst -serviced appioaches ve seen iothe mctro—hjnot unusual to wait 2-3 minutes at the Iight. Now imagine the cars are backed up on both sides of the road hafway to the circie with mOre cars still trying to get in. That's not only going to cause a backup to get out of the neighborhood, but if cars are lining both sides of Kingswood Ponds Rd, that is going to cause a significant backup on Pilot Knob Rd. itself, blocking a lane in both the northbound and southbound directioris for a significant distance. The traffic alone would affect safety for our children, including my 4 year old son, insurance rates, and property values. Not only this, but the influx of complete strangers to this quiet neighborhodfuUof kids -three new babies Just born last month that 1 know of. Thclast thing wrwzntisabusiness that's going tnattract ho,6e,ufcomp|eiestrangers into the neighborhood, and with the temporary liquor permits in the proposal, no doubt often leaving drunk. And the propcsal inctudes mcntion of venting kin fumes to protect she safety af the inhabitants of the building, but there are houses within a stone"s throw of that corner of the building—that out -venting is going somewhere. An environrnental impact stuay would show what danger those adjacent houses will be in caused by this, The placement of the facili'cy with its meager parking nt, is simply not suitab!e for the proposed use, and their conditional use proposal shoud be declined. AWE should find a different site marc suitable to their plans. Something inabusiness area, rather than residential, perhaps in an industrial park that would be better suited for their industrial uses such as kiln -firing and woodworking, and one with ample parking to suit their demand that won't cause safety and traffic hazards to dozens of houses and to the one of the busiest roads in the City. BOttom line, this site i$ not suitable for their use, and if you apprOve their proposal yOu will be approving it at the expense of the safety of our neighhorhoad https://outlook.live.com/owa/?realm=hotmail.com&path./mail/search 1/2 6/26/2017 Mail - smsboodoo@hotmail.com Thank you for your time. hest, David Steffen https://outlook.live.com/owa/?realm=hotmail.com&path=/mail/search 2/2 6/26/2017 Mail - smsboodoo@hotmail.com Say no to the AWE Conditional use permit Heather and David Steffen <hls2882@hotmail.com> mmaguire(cityofeagan:com <mmaguire( jtyofeagancom>; Dear Mr. Maguire I'm Heather Steffen of 1452 Kingswood Ponds Rd. We only recently heard about the property deal the City of Eagan is working on to sell the old firehouse on Pilot Knob and Kingswood Ponds Rd, despite the deal having been in the work for months. We only heard about it from concerned neighbors, and have yet to hear an official communication directly from the city Part of the reason we moved to this neighborhood is the privacy and the fact there's only one way in and one way out, and for the safety that allows. That's why we chose a house in the neighborhood --you know everyone who's coming and going. I don't appreciate the idea of strangers coming in and out of the neighborhood at any time of night. We're still a little on edge after the arson at the old town hall a few years ago People already sometimes come through the neighborhood too fast. The last thing we need is adding more cars racing around the blind corner by our house, as people try to find another exit from the neighborhood when the Pilot Knob light is backing up traffic so that I have to worry even more about my four year old son and my dogs. I'm also worried about the disposal of the heavy metal materials and toxic fumes from the pottery glazes. Are they going to run down the water into our pond and pollute our beautiful nature area, or end up in our drinking water from improper disposal? The noise and the parking that will be produced by events at that property are not the kinds of things that anyone wants in a residential neighborhood. A facility like that does not belong in a residential neighborhood. Period. And their conditional use permit should be rejected. Thank you for your time. Heather Steffen https://outlook.live.comIowa/?realm=hotmail.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhYjktMDACLTAwCgAuAAADFTLhVorXIkKvBx3bV... 1/1 6/26/2017 Mail - smsboodoo@hotmail.com Opposition to Eagan Artworks in old Fire Administration Building Kristen Volden <kvolden@comcast.net> ., �1:.:?17 1:22 Piv1 T APC©citycfeagan.corn <APC@cityofeaga,i:com>; mrnaguire@criyofeagaiaccani <mmaquire@cityofeagan.com>; cfields@cityofeagan,com <cfieldsWcityofeagan.com>; mtilley citycfeagan.con <mtilley@)cityofeagan.com>; pbakkent cityofeagan.com <pbakkenC.)c tyofeagan.com>; citycouncil;a'cityofeagan.com <citycouncil@cityofeagan.com>; dosberg@cityofeagan.com <dosberg@cityofeagan.com->; ghansenCwcityofeagan.corn <:ghansenC cityofeagan.conr>: Dear Mayor, Council Members, and Planning Commission, As a resident of 1439 Kingswood Ponds Road, I am writing to express my opposition to the Conditional Use permit for Eagan Artworks and my opposition to the pending sale of .the old Fire Administration Building to Eagan Artworks. My concern encompases the safety of the neighborhood and its residents in these ways: Proximity- * roximity- • The old Fire Administration Building is very close to several neighborhood hornes. This poses an air quality issue when kilns are fired and toxins are vented ;nto the back yards of homes: • The c=eation of some works of art will require loud machinery which will negatively affect the outdoor experience for several homeowners. • 24X7 access to the building will affect the sense of safety and security in a neighborhood that has an historically lbw crime rate • Eagan Artworks proposes to hold at least 20 events during the year. The increase in noise will result in noise pollution issues for the neighboriooci. M The i screased traffic created by community events will be a burden to the neighborhood. Kingswood Ponds neighborhood has one entry/e.:it point. Traffic will flow in and out of the parking lot which has entry and exit points very dose to the light at Pilot Knob Road. This will congest an already much used area. The wait at the light to exit Kingswood Ponds Road k long and cars will build up causing traffic issues. Safety- • On Election Days in past years, the street filled up with parked cars on both sides of the road. This effectively created a one-way street for neighborhood residents to navigate. Eagan Artworks is planning 20+ events a year. Kingswood Ponds Road will effectively be a one- way street for 20+ days a year: This severely /unit access that an emergency vehicle would need to respond to a call for help from our residents, • Parked cars on both sides of the street pose a problem for pedestrians. Cur neighborhood has no sidewalks. Residents and event attendees will either walk on the already narrow street or walk on private property. • Parked cars creating a one-way street will mean that. in order to leave the neighborhood, a driver will pull into a private driveway to tr.rrn around or drive through the entire neighborhood to tum around in she cul-de-sac and try to navigate back through a narrow one-way street. (This neighborhood has one entry/exit point.) • Increased traffic will potentially endanger neighborhood children. I know of 15 children under the age of 7 in our neighborhood. We know each other in our neighborhood. We look out for each other. My daughter grew up in a tranquil, safe neighborhood where she could run and play outside in safety. The increase in traffic, parked cars, event attendees will change the quiet, safe atmosphere of the neighborhood creating a narrow, busy street filed with strangers on 20+ days. • Potential liquor license A drink or two could impair the judgement of event atterdees who then will drive on a narrow, one-way street through our neighborhood to exit at the light which will be congested with traffic. This is another issue which impacts the safety of both adult and children in the neighborhood. • If some event attendees do park at the Civic Arena, the Pilot Knob/Wescott/Kingwood Ponds Road intersection isn't safe for pedestrians or drivers. Earlier this year I was almost hit in the cross walk by a driver turning left from Wescott to go south on Pilot Knob Road. I put in a call to the police right after it happened. Drivers on Pilot Knob Road frequently drive very fast to beat a yellow light at this intersection, An increase in pedestrians and cars to this intersection will increase problerns, This poses a danger to Eagan citizens as well as neighborhood residents. I an:: also concerned about fiscal responsibility and transparency regarding the residents of Eagan: https://outlook:Iive.comIowa/?realm=hotmail.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhY ktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 1/2 6/26/2017 Mail - smsboodoo@hotmail.com • The City of Eagan is selling a $1.7 million dollar building for $500,000. This sale isn't a good return on taxpayer investment. • Eagan Artworks is a non-profit organization and will not pay taxes. A sale could he made to a business that would increase Eagan's tax base, • The City of Eagan and Eagan Artworks were not transparent in their process of brokering an agreement for purchase that included the Kingswood Ponds residents until the sale was all but finalized. I am disappointed in the parties involved. This sale greatly Impacts our neighborhood. In summary, I am opposed to the sale of the Fire Administration Building by the City of Eagan to Eagan Artworks, and I am opposed to granting a Conditional Use permit. Thank you for taking the time to thoughtfully consider my position. Sincerely, Kristen Volden https://outlook.live.com/owa/?realm=hotmail.com&path=/mail/AQMkADAwATExAGE2Ny00YzQ5LWJhYiktMDACLTAwCgAuAAADFTLhVorXlkKvBx3bV... 2/2 6/26/2017 I Oppose the Conditional Use Permit for AWE use of 3795 Pilot Knob Rd -7 Reply j v Delete Junk ( V • «. 1 Oppose the Conditional Use Permit for AWE use of 3795 Pilot Knob Rd Sean Boodoo =-) Reply Fri 6/23/L017 r _+; izt N To; rnmaguire@cityofeagan.com; cfields@cityofeagan.com; mtilley@cityofeagan.com; pbakken@cityofeagan.com; citycouncil@cityofeagan.com; dosberg@cityofeagan.com; apc@cityofeagan.com; ghansen@cityofeagan.com Oppose Ar,:work,.; �4! Show all 3 attachments (11 MO) Download all Save all to OneDrive -- Personal Dear Mayor, City Council and Advisory Planning Commission, I have previously sent you a letter stating my opposition to the Conditional Use Permit for AWE and I've also invited you to my home so you can gain a visual perspective of just how close the proposed AWE operations would be to my dwelling and outdoor areas. My invitation remains open to you, even outside of this particular request, but I understand that calendars can be hectic. Therefore, I've attached a picture which I hope will help you to gain an idea of the proximity of the former Fire Administration Building(FAB) to my home. You could also look it up on Google maps of course, but I had hope you would appreciate actual photos. In the photo IMG_7327_1, I am standing on my deck and my son is leaning against the FAB. My camera has an 18mm lens on. It's easy to see why I am concerned, especially with kilns planned for construction on the other side of that wall. They'll have to vent outside somewhere, which places toxic fumes in very close proximity to my family and neighboring residents. If you look towards the right of my son, there are a set of doors right there, which I can only assume would be open often times, to vent the inside of the building. AWE admits in the application, to needing to use protective equipment for kiln users, but make no mention of protecting surrounding residents. Princeton University Research has published works that identify toxic materials present not only in ceramics materials, but also in the kiln emissions. I can only assume these side doors as well as the main garage doors will be open at times and those toxic materials(dust particles, etc.) will be allowed to pollute our immediate area as well. Photos IMG_7336_1 and IMG_7337_1 were taken at the Edina Art Center. A place referenced by AWE representatives when I attended the informational meeting on June 4th. They brought this location up during my discussion of possible toxic fumes and mentioned that it was a model for them with outdoor kilns venting outdoors. What they failed to mention, was the proximity of homes to the kilns and the fact that the location is in the middle of a park, not a residential area. These two pictures are two different perspectives taken from the same location. One looking at the kilns and the other looking at the closest home in proximity to the kilns. Clearly they are hundreds of feet apart. https://outlook.live.comIowa/projection.aspx 1/2 6/26/2017 I Oppose the Conditional Use Permit for AWE use of 3795 Pilot Knob Rd future. Thank You, Sean Boodoo https://outlook.live.comIowa/projection.aspx 2/2 Mike Ridley To: Subject: Dave Osberg RE: Art Works Eagan and Kingswood Pond Neighbors From: Caitlin Dowling[mailto:caitlin@artworkseagan.orq] Sent: Thursday, June 22, 2017 3:21 PM To: nmadryga@hyldenlaw.com; nhyden@hyldenlaw.com Cc: Jerri Neddermeyer, AWE President; Dave Osberg Subject: Art Works Eagan and Kingswood Pond Neighbors Good Afternoon Natalia: I understand you and your firm are representing certain residents of the Kingswood Pond neighborhood with regards to their concerns over Art Works Eagan's ("AWE") pending purchase and use of the former Eagan Fire Administration Building ("FAB"). Thank you for reaching out to us; we will gladly provide additional information that will hopefully quell your clients' concerns and dissipate any unfavorable perceptions they have of AWE. Firstly, I must disclaim that, though I am an attorney by training, I do not represent AWE as its counsel; rather I am one of the organization's founding members and the treasurer of the Board of Directors. It is in this capacity that I respond to your inquiries. Secondly, I must emphasize that, in all things, AWE is wholly committed to being a good neighbor. We are a community driven organization in every sense and seek only to enhance the place in which every single one of our Board members lives, works and/or plays. We are all rooted in Eagan and hope to see AWE become an integral part of that fabric as well; thus, we have no motivation whatsoever to alienate or upset any of its citizens, least of all our immediate neighbors. With that said, I will turn to the more specific substance of your inquiry. My understanding is that your clients have 3 primary areas of concern; I will address each. 1. Parking. Residents are worried that the neighborhood will become congested with street parking since the FAB has a limited number of parking stalls. The building currently accommodates 54 vehicles and we intend to create 2-3 more spots in front of the garage bays, since regular access in and out of the bays will be unnecessary. During the normal, daily course of business, we anticipate this will be more than enough available parking for our studio artists and members. Unlike an office building, where all occupants who are going to be in the building are in the building during the same hours, AWE's studio artists' hours will vary; some will be present during daytime hours, some in evening hours. Other, non -studio members will come and go during business hours. With the exception of certain organized events, we do not anticipate that the building will ever regularly be at capacity. Moreover, AWE will require every member to read, sign, and abide by its Studio Conduct and Use Terms (available on our website, www.artworkseagan.orq/get-involved). This document is part of each member's membership agreement and specifically requires compliance with parking restrictions of the surrounding area. With respect to organized events, we again anticipate available parking at the FAB will be sufficient for the majority of events. On the unusual occasion where FAB parking will not be sufficient for a given event, AWE, in partnership with the City, will have designated overflow parking available in the Cascade Bay lot, to which attendees will be directed by signage and AWE volunteers along the route. In fact, this is something AWE has already done successfully. We held a large fundraising event at the FAB last November and specifically directed attendees not to park on the residential street, but rather in the designated overflow lot. To the best of our knowledge, street parking was at no point an issue during this event and neither we nor the City received any resident complaints. 2. 24/7 Access. Residents are concerned about individuals granted 24-hour access to the FAB, the potential for studios to become living spaces, and potential disturbances caused by studio artists keeping irregular hours. Firstly, the number of AWE members that will be given 24 -hours access to the FAB will be strictly limited. This feature is a benefit only for studio artist members who commit to a 6- or 12 - month membership; i.e., those who are committed to AWE's community. AWE has in place a decidedly rigorous vetting process for its studio artist applicants, including a 4 -page application and questionnaire, a jurying process (whereby the artist's work is qualitatively evaluated by a panel of other artists, at least one of whom is knowledgeable in the applicant artist's medium; AWE will additionally evaluate the artist's processes, dedication to community mindedness and collaborative working, and knowledge of any tools and/or equipment necessary to the art form), and legal and financial background checks. There is little to no actual potential for any studio artist to convert his or her studio access into a living arrangement. There are only 5 private studios (former offices) in which this would even be remotely possible, the largest of which is 160 square feet. The security system and procedures AWE intends to employ will also effectively prevent this scenario. The building will be accessed by key card, and records of card uses for entry and exit will be logged and periodically reviewed by AWE. All membership agreements, as well as the Studio Conduct and Use Terms, also specifically prohibit not only the use of the studio or building as a living space, but any overnighting whatsoever. Likewise, it is improbable that adjacent residences will be disturbed by the few studio artists' who may keep irregular hours. The majority of studio artists - in the communal ceramics studio (located in the FAB garage bays with no windows facing the adjacent residences) and the general communal studio (primarily located on the second floor where there are no windows on the South side abutting the neighborhood) - will be entirely hidden from the neighborhood, both from the perspective of light and noise disturbances. There is also a thick, healthy barrier of pine trees separating the back of the FAB from the neighborhood, which will assist, if such assistance is necessary, with dampening sound and blocking light. 3. Alcohol consumption and noise. Residents are worried about AWE regularly serving alcohol to event attendees and the potential for noise pollution caused by these event as well as artists' activities. 2 regulations concerning the service and consumption of alcohol and noise regulations. AWE does not intend to seek a permanent liquor or beer and wine license from the State or City, nor do we intend to apply for a temporary license for all, or even the majority, of our events. AWE's membership agreements and its Studio Conduct and Use Terms also strictly prohibit the storage or use of alcohol or drugs on the premises. We have, and intend to enforce, a zero - tolerance policy in this regard. As to the potential for noise pollution caused by artist activities, AWE is cognizant of this potential issue and intends to include it in the array of considerations in the artist jurying process. In all candor, we have been approached by a musician interested in AWE and the FAB as a freely available rehearsal space for his electronic heavy rock band. We turned him away for exactly this reason; that the activities he proposed to engage in we not conducive to a collaborative artistic community, nor were they appropriate given the FAB's proximity to our would-be residential neighbors The FAB's performance space is on the second floor; which, as previously discussed, has no windows and study concrete walls on the side adjacent to the neighborhood. The nature and size of the space is self-limiting, lending itself only to small-scale theater, comedy troupes, chamber music, acoustic acts and other such limited -scale performances. AWE's makerspace studio (intended to eventually contain woodworking equipment and other large-scale equipment not readily purchasable for the average person) will be located in the below -ground -level basement that has no windows and is surrounded by concrete. Should the noise generated from this equipment exceed the acceptable noise levels proscribed by City Ordinance, we will certainly take the necessary measures to correct it. I hope you and your clients find this information useful and that our transparency helps alleviate concerns. Again, we at AWE want nothing more than to be an excellent neighbor and to provide value to the Eagan community. As I'm sure you are aware, there is a public hearing on the matter of AWE's Conditional Use Permit Application before the Advisory Planning Commission this coming Tuesday, June 27th at 6:30 pm. Should any of your clients have questions remaining, they are welcome to attend the hearing, here more about AWE and have their questions answered by the Commission. Sincerely, Caitlin Dowling @Art works Co www.artworkseacian.org 3 @ALrtworks To: The Eagan City Council From: Art Works Eagan Dear Council Members: We were made aware at the Planning Commission Meeting that some residents from the neighborhood behind the Fire Administration Building had concerns regarding Art Works Eagan's planned use for this building. Following the CUP meeting, Art Works Eagan agreed to meet with the neighbors and their attorney on Thursday, July 7, at 7 p.m. at the Wescott Library to hear their concerns and to work together toward a mutually -acceptable solution. Attached, please find a Memorandum summarizing these concerns and Art Works Eagan's plans to address each. In addition to the Memorandum and its Appendices, there is also a summary of a survey taken by AWE supporters, our current AWE community, showing that of 104 respondents, 68.1% have lived in Eagan over 15 years and are excited about expanding arts opportunities in Eagan. Several also commented on why they support this use of the former Fire Administration Building. Lastly, we respectfully request that the City Council consider a minor adjustment to the Commission's recommendations regarding event operation. Rather than differentiate between weekdays and weekends, we propose a differentiation between indoor and outdoor events and the requisite ending time. We hope that you will consider our request, and find the attached Memorandum and data helpful as you consider approval of the CUP plan. Best, The Board of Art Works Eagan Jerri Neddermeyer, President Juliet Parisi, Vice President Caitlin Dowling, Treasurer Wanda Borman, Secretary Sameer Aidoor Chris Garnesworthy Anita Pagey TO: Eagan City Council FROM: Art Works Eagan DATE: July 12, 2017 RE: MEMORANDUM Summary Discussion of the Kingswood Pond Neighborhood Concerns Regarding Art Works Eagan's Proposed Uses of the Former Fire Administration Building and Art Works Eagan's Response INTRODUCTION In response to Art Works Eagan's conditional use permit application regarding the former Eagan Fire Administration Building located at 3795 Pilot Knob Rd.("FAB"), a select few of the Kingswood Pond neighborhood residents ("Neighbors") have expressed concerns about some of the intended uses described in the application. Since learning of these concerns, Art Works Eagan ("AWE") has been working with the Neighbors and their attorney to quell their concerns and dissipate any unfavorable perceptions they have of AWE. During our first face-to-face meeting on July 6, 2017, the Neighbors identified several of their priority concerns, which we have grouped into four general categories (the order of which is of no consequence): 1. Events and Noise; 2. Parking and Traffic; 3. Security; and 4. Kiln Operation and Venting. This Memorandum will detail the plans, procedures and policies AWE already has in place, or will have in place prior to commencing operations, that address each of these categories of concern. GENERALLY APPLICABLE POLICIES With the help of a non-profit specialist attorney, AWE has drafted comprehensive Membership Agreements and Studio Use and Conduct Terms that each and every studio artists who is invited to join the AWE community will be required to read, understand and sign. Relevant portions of these documents will be cited throughout this Memorandum; the full documents are available for review on AWE's website: www.artworkseagan.org/get-involved. AWE's Studio Use and Conduct Terms ("SCU Terms"), attached as an appendix to every Membership Agreement, contains the following clause: 1. Non -Compliance. With the exception of those provisions for which AWE has a zero -tolerance policy, repeated disregard of, or non-compliance with, any of these provisions may result in the termination of your Membership Agreement with AWE. A single violation of a zero -tolerance provision may, at AWE's sole discretion, result in the termination of your Membership Agreement and immediate revocation of access to your Studio. This clause applies to every restriction, regulation, policy, prohibited conduct, and operating standard that AWE now has in place, or enacts at any time in the future during the membership term. This provision demonstrates quite clearly that AWE takes its policies seriously and has every intention of enforcing them; we have built into our membership agreements a concrete and swift way for us to deal with any violations, big or small. CATEGORY 1: EVENTS AND NOISE The first category of concern for the Neighbors includes the number and type of events AWE plans to host, the possibility of alcohol being served at some of these events, and the potential for increased noise in the area resulting from said events. Additionally, Neighbors are concerned about being disturbed by the noise generated by the use of equipment in AWE's basement makerspace. A. EVENTS Neighbors have a handful of concerns regarding the nature, frequency and duration of the events AWE plans to host at the FAB, both indoors and outdoors. The majority of these concerns may be put to rest by clarifying what AWE considers an "event" to be. An event at the FAB does not include any loudly amplified, electronic instruments or hard rock concerts of any kind. It does not include any all-night, bacchanalian dance parties. Not only do those sorts of events fall outside the parameters of AWE'S mission and goals, but the FAB is simply not a viable or appropriate venue for such events. Rather, an event at the FAB, as the narrative portion of AWE's CUP Application details, is a small theater troupe play, a guest speaker lecture, acoustic or chamber music performances, a gallery opening, a studio open house, an artist workshop, or a fundraiser. Built into its budget projections, AWE accounts for two such events per month, with an annually averaged attendance of 100 people per event. The vast majority of these events will naturally be indoors for practical or weather-related reasons. The small number of outdoor events AWE plans to hold will be temporary events such as a pop-up artist sale, an intimate acoustic music performance, or a pleine aire painting workshop.' Though AWE's CUP Narrative does not once mention an intent to serve - either occasionally or regularly - alcohol to its members and/or guests, Neighbors are concerned about the impact this may have on the neighborhood. The service and consumption of alcohol is one of the most highly regulated activities in this Country. Unquestionably, AWE intends to abide by all City and State licensure requirements, which are numerous to a discouraging degree. If for no other reason (of which there are several), AWE has no intention of seeking a liquor license, nor will it seek alcohol service permits more than a few times a year, if at all. Furthermore, AWE has preemptively addressed the issue of alcohol in or around the premises in its SCU Terms: 1 The Neighbors appear to be stuck on the number "20" referenced in AWE's CUP Narrative. However, if read carefully, what the statement says is that any temporary outdoor events AWE holds "will total no more than 20 days per year." This is a direct reference to Eagan City Ordinances, Section 11.30, and the definition of "temporary outdoor event" which is "an exhibition or sale with a duration of ten continuous days or less which does not occur more than ... a combination of 20 days total in a calendar year." Thus, by referencing the ordinance language, AWE is merely assuring the Advisory Planning Commission and City Council that this particular proposed use will conform to City regulations. Furthermore, under the limited business zoning district, temporary outdoor events are a permitted accessory use (sec. 11.60 subd. 10(D)(4)), and therefore AWE's intentions in this regard are outside the scope of this CUP approval process. 3. Alcohol, Smoking and Drug Use. ... You may not consume or keep alcohol in or around the Building, except during AWE -sponsored events for which AWE has specifically permitted alcohol. AWE has a zero -tolerance policy for violations of this provision. The next facet of the Neighbors' concerns about AWE's events is the potential for increased noise resulting from both indoor and outdoor events. With respect to indoor events, the likelihood of sound travelling outside the building is low. As previously discussed, the FAB is really only an appropriate venue for small scale performance media; not just because of the acoustics of the 2nd floor performance space, but also because the space has a maximum occupancy capacity of only one hundred -twenty. . Again, we are not talking about ear -drum -bursting amplified band performances. Also, the wall of the performance space that abuts the neighborhood is made entirely of concrete block and has only one, small window at the very back in the kitchen area. If these factors are still not sufficient to abate noise from the performance space, there are regulatory measures in place to address the Neighbors' concern. In addition to the City Ordinance noise restrictions (sec. 10.31), the Advisory Planning Commision specifically addressed this issue by adding a condition to AWE's CUP requiring all events held on weekday evenings be over by 8:00 p.m., and 10:00 p.m on weekend evenings.2 B. MAKERSPACE EQUIPMENT NOISE The purpose of AWE's makerspace is to create and foster a community for learning, collaborating, and exploring the intersection between the arts and science and technology. The intention is to use the makerspace in a modular way so that it can be transformed from a classroom to a workshop, depending on the need. Given that the basement space is only 2,000 square feet, it will have to be planned and used judiciously; the size and type of the equipment it will be able to accommodate (and still maintain its transformability) will be limited. The primary activities AWE intends to provide will include basic woodworking, electronics, robotics, and software classes/projects. To that end, AWE intends to outfit the space with equipment such as: • Wood cutting and shaping tools (Table Saw, Band Saw, Mitre Saw etc.) • Drill Press • Joiner/Planer • Laser Cutter • CNC Router • Hand Tools • Oscilloscope • Solder Station • Function Generator • Power Supply • Heat Gun • Components and Kits for Electronics projects • 3D Printer • Virtual Reality Setup • Cameras • Microphones • Video Equipment 2 On this point, AWE is requesting reconsideration of the Planning Commission's additional condition. Rather than differentiate between weekday evenings and weekend evenings, AWE proposes that the distinction be drawn between outdoor and indoor events such that the requirement would be that all outdoor events be over by 8:00 p.m. and all indoor events be over by 10:00 p.m. This rearrangement of the condition allows the restriction to better align with the goal. The makerspace will provide an option for those in the community who don't have the space or resources to practice this kind of creativity. It will also provide Eagan with the space and resources to offer programming that isn't available elsewhere. From the inception of planning for what AWE's programming could look like in the FAB, the makerspace has been consigned to the basement of the FAB - below grade, constructed entirely of concrete block, and windowless - specifically to abate the noise concern the Neighbors now assert. AWE has been conscience of the potential, albeit remote, for the generated noise to be heard outside of the building, and is therefore prepared for the possibility that noise mitigation measures may be necessary. That being said, it is highly doubtful this will, in fact, be an issue. AWE is prepared to conduct some basic sound testing outside the building and take whatever steps it determines are necessary and prudent to lessen or eliminate any noise pollution, and to fulfill its commitment to being a good neighbor and citizen of Eagan. CATEGORY 2: PARKING AND TRAFFIC The second category of the Neighbors' concerns involves the belief that AWE members and patrons will choose to park on Kingwood Pond Road when the FAB 's parking lot is full rather than use an overflow parking across the street at the City Campus, and that the addition of AWE members and patrons to the current traffic at the intersection of Wescott Road and Pilot Knob Road will cause congestion and unsafe driving conditions. The FAB currently has 49 parking spaces, and AWE intends to create 5-7 more if possible (3-4 in front of the garage bay doors and 2-3 parallel parking spaces along the front curb), for a total of between 51 and 56 spaces. During the normal, daily course of business, this will be more than enough available parking for AWE's studio artists and members. With the exception of a few organized events, AWE does not expect the building will ever regularly be at capacity. On the unusual occasion where FAB parking will not be sufficient for a given event, the Advisory Planning Commission recommended that AWE be required to partner with the City to enter into a cross -parking agreement so that the Municipal Campus parking lot would be available as over -flow parking for the FAB. In fact, this is precisely what AWE did in November 2016 when it hosted an all -day (9:00 a.m. to 9:00 p.m.) open house fundraiser at the FAB. AWE also, without requirement from the City or demand from the Kingswood Pond neighborhood, took it upon itself to request attendees use the Cascade Bay parking lot rather than parking on Kingswood Pond Road. In order to facilitate this process, AWE posted signage on Kingswood Pond Road and Pilot Knob Road, and in the FAB parking lot, and had volunteers guide attendees along the route. AWE fully intends to continue in this manner.' The Neighbors are further concerned about a potential increase in traffic congestion, both within the neighborhood itself and at the intersection of Pilot Knob and Kingswood Pond Roads. However, because the FAB will not be at capacity at any given time on a regular daily basis, the impact of AWE's presence in the FAB will be minimal and cause little to no interference with the Neighbors' daily traffic patterns. Also, because the 3 It is worthy of mention, however, that Kingswood Pond Road is in fact a public street on which parking is allowed without restriction. FAB is an immediate turn off of Kingswood Pond Road, and Kingswood Pond Road is not a through street, there is no reason to believe there would be an increase in traffic of any significance into the neighborhood itself. CATEGORY 3: SECURITY The Neighbors are also concerned about who will be given 24-hour access to the FAB, the potential for disturbances caused by those members who might keep irregular hours, and the potential for the studios to become living spaces. Each of these concerns has been integral to the development of AWE's policies and procedures, long before they were expressed by the Neighbors. Firstly, the number of AWE members who will be given 24-hour access to the FAB will be strictly limited. This feature is a benefit only for studio artist members who commit to a 6- or 12 -month membership; i.e., those who are committed to AWE's community. AWE also has in place a decidedly rigorous vetting process for its studio artist applicants, including: • A 4 -page application and questionnaire, which requires personal and professional references, inquires about the artist's history with any other studio facilities, and how often he or she plans to use the space; • A jurying process wherein the artist's work will be qualitatively evaluated by a panel of other artists, at least one of whom is knowledgeable in the applicant artist's medium. In addition to judging the artists' work, AWE will evaluate each artist's dedication to community mindedness and collaborative working, his or her artistic processes, and his or her skill level with any tools and/or equipment necessary to the art form; and • A legal and financial background check for each artist who passes the jurying process.4 A list of the persons who have thus far submitted applications to be AWE studio artists is attached to this Memorandum as Appendix A. AWE's Membership Agreement and SCU Terms are also riddled with security -conscious policies: "Member promises the following:... Member will not engage in any activities in the [FAB] that are unlawful, illegal, or unreasonably dangerous." "Studio Use. ... Only the Member(s) listed above may use the Studio." "Unauthorized sharing of the Communal Studio with non -Members is prohibited." "Termination for Cause. At its option, AWE may terminate this Agreement and revoke Member's access to the Communal Studio immediately, or on a specified date in the future, for cause, including without limitation material breach of Paragraph[s] ... 15 (Assignment and Unauthorized Sharing) of this Agreement." "Prohibition of Unlawful or Illegal Activities. No Illegal activities will be allowed anywhere in or around the Building including without limitation, the use, manufacturing, sale, distribution, 4 This vetting process AWE has in place is far and away more rigorous than that of any other similar facility encountered during AWE's research and development of policies and procedures. exchange, delivery, barter, giveaway or possession with intent to sell of any controlled substance in violation of any local, state or federal law." "Guests of Members. Under no circumstances are guests allowed to work in the Studios. Non -Members are strictly prohibited from using your keys, key fobs, or key codes to access the Building or the Studios." The Membership Agreements and SCU Terms also both strictly prohibit the use of studio space as living space: "Studio Space. ... Member is renting the Studio for use only as an artist's work space. Member understands and agrees that he or she may not use the Studio as a living space, ..." "Disallowed Uses of Studios. You may not: [u]se the Building or Studio as a residence;" Nevertheless, there is little to no actual potential for any studio artist to convert his or her studio access into a living arrangement. There are only 5 private studios (meaning rooms with locking doors to which only the private studio member has access), the largest of which is merely 160 square feet. The security system and procedures AWE intends to employ will also effectively prevent this scenario. The building will be accessed by key card, and records of card uses for entry and exit will be logged and periodically reviewed by AWE. Lastly, AWE's community will be relatively small. It would be impossible for someone to be living in a studio space without another member noticing. CATEGORY 4: KILN OPERATION AND VENTING The last category of concerns the Neighbors have expressed is in regards to AWE's intended use of 3-4 electric kilns and an indoor gas kiln in its ceramic studio space. Ceramic kilns are safely located and operated in many thousands of residences, and in every single school in our District 196. The Eagan Art House operates 3 electric kilns year round. Modern ceramic practices, though they are unfortunately not consolidated or codified in any particular way, are a reflection of the priority of health and safety, not only of the practitioner directly exposed to the potential harm, but also of those who may be indirectly exposed, as well as of the environment as a whole. The bottom line is this: toxic emissions can only be produced when toxic elements are fired. In other words, what goes into a kiln dictates what come out.' The two predominant hazards of glaze firing - vaporized lead and chlorine gas - are no longer of any consequence; lead based glazes are no longer made and cannot be purchased, and salt firings, which are the exclusive source of a chlorine gas byproduct, are rarely done, and never in an indoor facility. AWE's kiln design, installation, and ceramic practices will abide by all local and state regulations. Without question, AWE is committed to employing all modern ceramic practices so as not to affect the health and safety of its members or that of the surrounding community, including the Kingswood Pond neighborhood. 5 Should Council wish to indulge in a more detailed discussion of glaze chemistry and kiln venting practices, AWE would be happy to oblige. This concern is seemingly the most difficult to bridge simply due to the highly specialized and technical nature of the processes, chemicals and equipment involved. The majority of available resources on the subject are dense and intended for those who already have some level of specialized training. Thus, it is understandable when these resources are misinterpreted. In order to put kiln emissions into context, AWE has taken it upon itself to conduct a Neighborhood Air Quality Survey and Analysis, which is attached hereto as Appendix B. In short summary, the study demonstrated that, "relative to other significant environmental factors," (such as vehicular tailpipe emissions resulting from the major traffic routes surrounding the FAB), "ceramic kiln exhaust emissions did not significantly impact local air quality to a measurable degree." CONCLUSION The Advisory Planning Commision, having conducted its due diligence regarding AWE's CUP Application, voted to recommend issuance of the CUP to AWE with some additional conditions. AWE has demonstrated a high level of thoughtfulness and preparation in each aspect of its planning and - as an organization dedicated to community engagement - will undoubtedly continue proving to be a considerate neighbor to the Kingswood Pond residents and a valuable asset to the people and City of Eagan. July 12, 2017 Respectfully Submitted by: The Board of Directors of Art Works Eagan Appendix A Art Works Eagan Studio Artists - Applications Pending Closing of the Purchase Agreement Andrea Sisel (age 49, Media: Ceramic Artist for 25 years) has lived in Eagan for 5 years with her husband who grew -up in Eagan on a 12 acer farm in Eagan. Andrea and her husband have been enthusiastic volunteers at eagan's Holz Farm and have a community garden spot at Holz farm for 4-5 years. Andrea has been throwing pottery for several years at the Eagan Art House for the Empty Bowls program that helps the Open Door feed those in need in the Eagan community. Andrea has been a clay artist since she was a child and has been taking classes at the Art House for over 3 years. She has been an art student, teacher, resident artist, common space artist, and private studio artist with Northern Clay for over 25 years. Andrea is currently an art teacher in St. Paul. Barbara Gilbertson (age 74, Media: Writer/Poet & lifelong literary artist) has lived in Eagan for over 25 years & in her current home for over 8 years. Her family has lived in Eagan for over 20 years, she got married at the Eagan Community Center, has been active in the Eagan community for over 15 years taking classes at the Wescott Library, hiking in Eagan parks, shopping & dining in Eagan, and using Eagan contractors & vendors for her household needs. She has been published in such print as: Star Tribune, Pioneer Press, Denver Post, NY Times, Sun Newspapers, Presbyterian Times, The Writer Magazine, Harper Collins, National Council on Foundations. Barbara Waltz (age 70, Media: Ceramic Artist for 25 years) is a long standing resident of Eagan and has been working with ceramics all her life. Community involvement is something that she is very passionate about. She has volunteered her time, talents, and artwork to such community organizations as the Eagan Art House, the Open Door, Art Works Eagan, Caponi Art Park, and the Eagan Foundation. Her work is strengthening the Eagan community from the inside, as she is one of the participating artists in the 2nd annual Eagan Art House CSA project, has sold her work at the Eagan Art Festival, the various Art House sales, and through the Taste of Eagan event. Caitlin Dowling (age 38, Media: Ceramic Artist for 20 years) has lived in the South Metro for over 6 years and creates functional mid -fire stoneware pottery. Caitlin is actively involved with the Eagan Art House as a teacher, studio monitor, & volunteer. She has shown in the various Art House shows, participated in several Art House sales, and has been a juried artist in the Eagan Art Festival. Caitlin has been apprenticing in technical ceramic functions - kiln maintenance and repair for both electric and outdoor Raku kilns, along with specialized course work in glazing chemistry and mixing, and gas kiln firings. Heidi Van Schooten (age 43, Media: Ceramic Artist for 25 years) has been taking classes at the Eagan Art House for over 3 years. She has created and donated ceramic bowls for the last 4 years through the Art House for the Open Door Empty Bowls events to help those in the community. Heidi has also donated works of art to the Eagan Foundation for their events. Heidi has also taught art at many levels, from children to adults. Jerri Neddermeyer (age 40, Media: Ceramic Artist for 12 years & Professional Music Educator for 20 years) has lived in Eagan for over 13 years, and is heavily involved with Eagan Art House as a teacher, volunteer, & artist, Treasurer for the Dakota Center for the Arts Eagan Art Festival, Eagan's Fun Fest, Eagan Rotary Member, Eagan Forward team leader, and more peripherally in ISD 196, the Eagan Foundation, and the Open Door. Kelly Frankenberg (age 36, Media: Painter, Traditional Media, Wood Burning, writing for 30 total years & professionally for over 18 years) has lived in Eagan for 4 years and is a member of the Eagan Artist Connect group. The City of Eagan recently approved Kelly's door design for Public Art for the Eagan Art House's anniversary event at the Harvest of Art Festival. Kelly plans to continue to live in Eagan as long as possible and continue to create public art for the City and community Pat McKinley (age 75, Media: Ceramic Artist for 11 years) has lived in Eagan for over 23 years and her adult daughter continues to live in Eagan. Pat has participated in classes at the Eagan Art House since 2006 and taken over 80 classes year-round. Pat volunteers her time with the Art House doing clean-up, painting walls, supporting other artists, and monitoring open studio. She has also volunteered her time at the Eagan Art Festival helping fellow ceramic artists with their booths. Appendix B - Air Quality Report is in the packet as a separate document. Appendix C - Survey Report is in the packet as a separate document. Artworks \eg eagan bor r'ood Air 0 Prepared by: Sameer Aidoor, Director, AWE July 11,2017 aity Svey @Art wor KS eagan EXECUTIVE SUMMARY Objective In January 2017, Art Works Eagan (AWE) signed an agreement with the City of Eagan to purchase the 9,100 - square -foot building located at 3795 Pilot Knob Road. AWE plans to offer programming and opportunities in the building not currently available in the city - ceramics and pottery studios for working artists, a small performance venue, a fine arts gallery, a maker space for woodworking and electronic arts, digital fabrication and more. AWE plans to install up to three electric and one gas ceramic kilns. Neighborhood residents have raised concerns about kiln exhausts and the impact of pollutants on local air quality. As part of AWE's plan for environmental sustainability, AWE has undertaken a study to measure air quality data to inform local air pollution policies, provide exposure estimates for health research, and provide baseline metrics for potentially tracking changes in air quality over time. This report: • provides a summary of the site selection, air quality monitoring and analysis methods, and descriptions of the pollutants measured; • identifies the sources that contribute to high levels of these pollutants in the neighborhood @Art wor KS eagan INTRODUCTION AWE considers a proper kiln ventilation system as a mandatory component of owning and operating a ceramic kiln. This is an important health and studio safety precaution that protects the health of the kiln operator and the people around it. A direct kiln vent draws air out of the kiln and mixes kiln exhausts with room air that is also drawn into the vent duct. The exhaust mixture is then safely transported and released through an exterior opening. A vented kiln also produces cleaner firings, ultimately contributing to brighter glaze colors and fewer glaze faults. All kiln firings produce fumes by burning off organic material from either the clay body or glazes. The fumes produced in any firing are water, carbon, sulfur compounds, and potentially heavy metals if the firing temperature is hot enough and volatile compounds are present. Carbon is released in the form of primarily carbon dioxide and a smaller quantity of carbon monoxide. Other volatile organic compounds (VOCs) can come off early in the firing from organic materials in the clay body, and to a smaller extent from gum or other organic material added to a glaze. Sulfur compounds burn off from pyrite, a minor contaminant in clays. Without proper kiln venting, these vapors will leak into the kiln room and become a health hazard.' The use of a kiln vent ensures a steady supply of oxygen -rich air from the kiln room into the heated chamber in order to ensure complete oxidation of organic materials, and is helpful to the finished appearance of the work. The objectives of this report are to: • monitor air quality in the vicinity of a direct vent kiln exhaust and measure air pollutants that affect public health; • identify local emission sources that impact neighborhood air quality; • inform the public and city officials on clean air priorities. This report summarizes the results of air quality monitoring performed at the sites meeting the selection criteria described in this report. This report focuses on measurement of the following pollutants deemed public health: • Fine particles (PM2.5) are tiny airborne solid and liquid particles less than 2.5 microns in diameter. most harmful urban air pollutant, small enough to penetrate deep into the lungs and enter the Important local sources include fuel combustion in vehicles, boilers in buildings, power plants, equipment, and commercial cooking; • Total Volatile Organic Compounds (TVOCs) typically found in exhaust emissions; • Formaldehyde (HCHO) levels around kiln vent exhausts relative to ambient levels. 1 1. Finkelnburg, Dave. "A Handy Guide to Kiln Vents." Ceramics Monthly, no. April 2017 (n.d.). important to PM2.5 is the bloodstream. construction Danhu Bc Artworks METHODS eagan Monitoring sites were selected to include the range of the predominant sources of air pollutant emissions in the Kingswood Pond Road neighborhood adjacent to the control site. The AWE field team sampled the air at two locations. Both sets of samples were collected on the same day within a total span of one hour to ensure that the range of significant environmental factors were comparable between both locations. The control site at 3795 Pilot Knob Road (FAB Site) was selected as this location is where AWE plans to install up to four ceramic kilns to cover the requirements of day-to-day operation. This is also the location of concern for residents of the Kingswood Pond Road neighborhood. This site is located between Road. The Eagan Art House, located at 3981 Lexington Avenue South, was selected as the test site (EAH Site) for exhaust vent emissions measurement. The Eagan Art House has three electric kilns in ordered operation. One electric kiln was preheated and scheduled to run for 18 hours at the rated temperature of 1824°F. The kiln chamber was configured for bisque firing and loaded with loaded with unbaked clay pottery containing organic colorants. Interstate I -35E and Pilot Knob ckhawi TIP ooaR-6 Cutters Ln J 4q Deerwood Dr 00,4_ "oc Fish Lake Park 3795 Pilot Knob Road Rd as gouH coed Wescott Rd Wescott Rd ec`� Civic Deerwood Dr escort Rd 0 Deerµood Dr Wescott Rd O Barbara a Et Curry Park 3ey Wescott Rd Briar Cr oSavannah Rd v� c� 111+ rbury Dr '` D N Eagan Art House--; Tico Eagan Park „ Patrick n Environmental factors impacting outdoor air quality measurement were relatively constant for the duration of data collection at both sites. The largest factor impacting data collection, tailpipe emissions from gasoline vehicles, was identified as a significant difference between the two sites, primarily due to the location of the control site. Multiple test points and data aggregation across different times of day were not performed, as trend analysis of air quality variation was not an identified goal of this report. Sampling was conducted using a monitoring unit mounted on exterior walls 5 feet off the ground. At the test site, the monitoring unit was placed at a nominal distance of 3 feet from the direct vent exhaust opening for the kiln in active operation. The vent exhaust opening was measured to be 3 feet above the ground. Artworks eagan The monitoring equipment uses a laser sensor calibrated to detect levels of PM2.5 and PM10 fine particulate matter, formaldehyde, and Total VOC (including benzene). The monitor uses 12 -bit ADC hardware with digital detection and signal amplification. Test ranges are indicated in the table below: Test Item Range Formaldehyde (HCHO) 0 - 1.999 mg/m3 Total Volatile Organic Compounds (TVOC) Fine Particulate Matter (PM2.5/PM10) 0 - 9.999 mg/m3 0 - 999 pg/m3 Quality control steps included confirming that the data sampling was initialized and the laser sensor was allowed a calibration time of at least 180 seconds before the first data sample was collected during each measurement session. A session comprised of data sample logging over a 30 -minute period. At each test site, a single session of data logging was performed between 8:OOAM and 9:OOAM on July 11, 2017. Ambient temperature was recorded at 77°F at the time of logging at each site. The local Air Quality Index (AQI) was recorded at 31 by the Environmental Protection Agency (EPA) AirNow service for the South Twin Cities Metro region at the time of data collection. ummommipm Env roFlash -00 (Q 55123 6 or The Air Quality Index (AQI) for Minneapolis -St. Paul, MN Current 7/11/2017 8:00 CST Pollutant: PM2.5 Good Current 7/11/2017 8:00 CST Pollutant: OZONE Good Artworks ANALYSIS eagan The following data was recorded using the collection methods described in this report. Site Distance from TVOC (mg/ Vent (in feet) Timestamp HCHO (mg/m3) m3) PM2.5 (ppm) PM10 (ppm) EAH 3 8:18:18 0.012 0.001 13 14 EAH 3 8:19:09 0.014 0.000 9 10 EAH 3 8:23:29 0.031 0.003 7 7 EAH 3 8:24:40 0.022 0.001 9 10 EAH 3 8:27:02 0.022 0.001 8 8 EAH 3 8:28:31 0.023 0.001 8 8 EAH 3 8:28:50 0.023 0.001 8 8 EAH 3 8:28:57 0.023 0.000 7 7 EAH 3 8:29:48 0.023 0.002 7 7 EAH 3 8:32:10 0.024 0.000 9 10 EAH 3 8:32:36 0.02 0.002 11 12 EAH 3 8:33:14 0.032 0.002 10 11 EAH 3 8:33:28 0.035 0.003 10 11 EAH 30 8:36:13 0.024 0.002 10 11 EAH 30 8:36:23 0.023 0.002 10 11 EAH 30 8:37:40 0.022 0.002 10 11 EAH 30 8:38:33 0.021 0.000 9 10 FAB 8:46:18 0.019 0.000 8 8 FAB - 8:47:04 0.017 0.003 8 8 FAB 8:47:47 0.017 0.003 10 11 FAB - 8:49:19 0.017 0.003 10 11 Artworks eagan Site Distance from Vent (in feet) Timestamp HCHO (mg/m3) m3) TVOC (mg/ PM2.5 (ppm) PM10 (ppm) FAB 8:50:24 FAB 8:51:03 0.013 0.002 12 13 0.017 0.003 19 21 FAB - 8:51:12 0.015 0.002 21 23 FAB 8:51:17 0.014 0.003 23 25 FAB - 8:51:23 0.015 0.003 25 28 FAB - 8:51:57 0.014 0.001 25 28 FAB - 8:52:10 0.015 0.002 30 33 FAB - 8:52:39 0.016 0.002 31 34 FAB - 8:53:17 0.015 0.001 22 24 FAB - 8:53:20 0.016 0.002 21 23 FAB - 8:53:48 0.016 0.002 20 22 FAB - 8:53:59 0.012 0.001 19 21 FAB - 8:54:43 0.016 0.003 10 11 FAB - 8:56:38 0.013 0.002 10 11 FAB - 8:57:50 0.017 0.000 9 10 Artworks eagan HCHO Levels at EAH Vent Site and FAB Test Site HCHO (mg/m') 0.i 0.075 0.05 0.025 0 8:20:00 8:30:00 8:40:00 8:50:00 Timestamp • HCHO at EAH Vent Site • HCHO at FAB Site Total Volatile Organic Compound (TVOC) levels in the air were found to be comparable between measurements collected at the two sites. Outdoor TVOC levels are typically higher than the values found indoors, and no health effects are observable at TVOC levels under 0.2 mg/m3. In both data sets, the recorded values were found to be approximately two orders of magnitude lower than this threshold.3 Since the EAH vent site uses an electric kiln, formaldehyde measurements from natural gas-fired stationary sources were not performed. The recorded data represents ambient formaldehyde levels in the air, which were found to be incrementally higher at the EAH Vent Site relative to levels measured at the FAB control site. Both levels were well below the safety range recommended for indoor air quality. By comparison, human exhaled air typically contains formaldehyde in concentrations in the order of 0.001 - 0.01 mg/m3, with an average value of about 0.005 mg/m3 .2 TVOC Levels at EAH Vent Site and FAB Test Site 0.010 — 0.008 E 0.005 U O 0.003 0.000 8:20:00 8:30:00 8:40:00 8:50:00 Timestamp • TVOC at EAH Vent Site • TVOC at FAB Site 2 Kushch I, et al. Compounds enhanced in a mass spectrometric profile of smokers' exhaled breath versus non-smokers as determined in a pilot study using PTR -MS. Journal of Breath Research. 2008;2:1-26. 3 "Indoor Air." Volatile Organic Compounds (VOCs) in Your Home - EH: Minnesota Department of Health. N.p., n.d. Web. 11 July 2017. <http:// www.health.state.mn.us/divs/eh/indoorair/voc/> Artworks eagan PM2.5 Levels at EAH Vent Site and FAB Test Site 100 75 E a 50 - inN 25 0 8:20:00 8:30:00 8:40:00 8:50:00 Timestamp • PM2.5 at EAH Vent Site • PM2.5 at FAB Site PM2.5 refers to particulate matter (PM) that have a diameter less than 2.5 micrometers, which his about 3% the diameter of a human hair. PM2.5 is one of the major pollutants closely monitored by health authorities around the world, as part of the Air Quality Index (AQI). PM2.5 mean levels were found to be statistically significant (P = 0.0001) between the two sites, with the control site at the FAB reaching peak levels of 32 ppm in the measurement window. PM10 describes inhalable particles, with diameters that are generally 10 micrometers and smaller. PM10 recorded values exhibited a similar trend as the case for PM2.5. While both recordings are highly correlated with the time of day, location, and other environmental factors, all measured levels were found to be below the safety PM10 Levels at EAH Vent Site and FAB Test Site 100 threshold levels for particulate matter pollutants, as recommended by the EPA's National Ambient Air 75 Quality Standards (NAAQS), for 24-hour exposure of 35ppm (PM2.5) and 150ppm (PM10) respectively. 0 50 a_ a The higher incidence of particulate matter levels at the FAB site is likely attributed to the higher incidence of vehicular traffic and resulting tailpipe emissions at the FAB, which is flanked by Interstate 35E and Pilot Knob Road. Traffic data was collected to supplement this theory. 25 0 8:20:00 8:30:00 8:40:00 8:50:00 Timestamp • PM10 at EAH Vent Site • PM10 at FAB Site Tailpipe Emission as a Leading Environmental Factor Increased exposure of the FAB site to vehicular traffic and tailpipe emissions is hypothesized as the leading environmental factor for higher particulate matter levels recorded at the FAB relative to the Eagan Art House kiln vent exhaust site location. Annual Average Daily Traffic (AADT) data for major traffic routes surrounding the FAB were collected from the dataset compiled by the Minnesota Department of Transportation (MnDOT).4 This dataset represents the most current AADT (Annual Average Daily Traffic) on sampled road systems in a particular given 4 MnDOT MDT Dataset; https://www.co.dakota.mn.us/Transportation/Traffic/Pages/default.aspx Artworks eagan year. AADT is a theoretical estimate of the total number of vehicles using a specific segment of roadway (in both directions) on any given day of the year. This estimate represents the total number of cars per year divided by 365 and is developed using factors that adjust for season, day of the week, and vehicle type. Approximate Tailpipe CO2 Route Most Recent AADT (Year) emitted over 1 mile based on EPA estimates Interstate 35E 75,000 (2013) Pilot Knob Road 23,300 (2013) 30,825 kilograms/day 9576 kilograms/day Wescott Road by Pilot Knob Road 6,800 (2010) 5 5 Piot Knob Rd (0941-1 31) Out In Total 11283 149 11432 10301 153 10454 21584 302 21886 98 4 8970 127 1029 15 3 7 102 9097 1244 3 8 Right Th1ru LoX UTm Pods 4f 8!612613 06:00 AM 8/012013 0 545 PM Cars+ Trucks ~1 f UTm Left Thru Right Peds 2 44 9730 118 1016 21 44 9854 1037 10264 144 10408 10808 152 10960 21072 296 21368 Out In Total Pilot Knob Rd (CSAR 311 23 2795 kilograms/day In this context, traffic count data5 for the intersection at Pilot Knob Road and Wescott Road was also collected for reference. 5 Pilot Knob Rd (CSAH 31) & Wescott Rd, 8-6-13, 6am-7pm; https://gis.co.dakota.mn.us/content/dakco/TRANSTRAFFIC_IntersectCounts/ 2013/TMC0603.pdf Artworks RESULT eagan Based on experimental data collected for toxic components from kiln vent exhaust openings at the tested location, we find that relative to other significant environmental factors, ceramic kiln exhaust emissions did not significantly impact local air quality to a measurable degree. Relative to the exposure from vehicular tailpipe emissions on environmental air quality at the FAB site, we assessed that the impact on local outdoor air quality from the outdoor venting of up to four ceramic kilns is statistically insignificant, and invite further comparative study over extended test periods to confirm this hypothesis. Artworks Art Works Eagan conducted a brief survey across all reachable audiences reachable through social media and other communication channels, over a period of three days. A total of 113 responses have been received to date (July 11, 2017), and additional feedback continues to be invited in order for the organization to better understand its community and supporter base. This feedback is vital for the organization to focus its efforts on serving the local community of artists and arts supporters, and towards the planning of programming and allocation of resources to meet its goals. We invite you to review the feedback we have received thus far, to gain an understanding of the need that Art Works Eagan is attempting to fulfill within the local community. How long have you lived in the South Metro? • 5 years or less • 5to10years 10 to 15 years ▪ Over 15 years • Not a resident of Eagan or its neighboring cities What is your relationship with the local arts community? 113 responses Artist General Arts Supporter Local Business Owner or Representative (not arts related) • Local resident not connected with arts • Local business owner arts related • Employee of Arts Organizations • teaching artist to seniors • Friend of an artist • director of arts organization What is your level of interest in seeing more arts events and activities in Eagan? 113 responses 100 50 0 1 (0.9%) 0 (0%) 2 (1.8%) 19 (18.8%) 2 3 What areas are of particular interest to you? 113 responses Pottery and Cer... —77 (68.1%) Other Visual Art... – 89 (78.8%) Photography &... —55 (48.7%) Literary Arts (e.... —39 (34.5%) Performing Arts... —78 (69%) Electronic Arts 19 (16.8%) Woodworking,... 1-1 (0.9%) Street Art Graffit... 1-1 (0.9%) General maker... 1-1 (0.9%) any and all 1-1 (0.9%) Any and all arts... 1-1 (0.9%) Fiber arts, book... 1-1 (0.9%) Opportunities to... 1-1 (0.9%) fabric arts 1-1 (0.9%) 0 10 20 30 40 50 60 70 80 90 4 91 (80.5%) What level of membership with Art Works Eagan is of interest to you? 113 responses Studio Artist Me... General Member Makerspace Me... Non -Member int... Not interested in... 11 (9.7%) –9 (8%) 13 (11.5%) 5 52 (46%) 46 (40.7%) 0 5 10 15 20 25 30 35 40 45 50 55 Are you involved with other community organizations in or around Eagan? 65 responses Eagan Foundation Rotary Club of E... Eagan Art House Other Organizati... Other Organizati... 0 13 (20%) —15 (23.1%) —19 (29.2%) 11 (16.9%) 5 10 15 20 25 30 31 (47.7%) What do you perceive to be the greatest value in having Art Works Eagan in the community? (104 responses) Arts creates a well rounded and strong sense of community (4) Expanding knowledge and appreciation for the arts (3) Having space for an art gallery and studios, having more meeting spaces for non -profits. Space for the community to interact with local artists AWE will have a tremendously positive economic impact for Eagan builds a community, culture that we can all be proud of. Community space to help artist move forward The scope of the proposed project would bring the arts as experienced in major cities out to the suburbs. A common place where creative people can learn, share and thrive Availability of quality arts instruction south of the river and an opportunity to connect with other artists in meaningful ways, both of which are lacking right now. It provides a "one-stop shop" for production, distribution, and promotion of all forms of art in our community. Community building A place to teach and make art! Attracting out of the area artists and patrons to Eagan, community building, providing a social, emotional spiritual outlet for residents that would add health and wellness benefits. The South Metro needs a space for an artist community. Minneapolis should not be the only center for artists to work, audiences to gather, and for art education opportunities, especially for young people. It bolsters Eagan's position as an arts supporting community A place for working artists to stay in Eagan. Opportunities for youth Connections among people An artist community! It's a place to grow as an artist and also involve the community in the arts. Having a larger gathering space where artists from different mediums can collaborate would be amazing. We wouldn't have to travel to other parts of Minneapolis/St. Paul to seek that out Art Works Eagan will be a home for dedicated, professional artists Central spot for arts More organized opportunities Accessibility What do you perceive to be the greatest value in having Art Works Eagan in the community? (104 responses) Opportunity for artists and community to participate in and experience the arts. Humans have created art since our earliest days. Art is a basic component of human existence. As such, a strong arts community can only enrich our shared human experience. Thriving communities support the arts and incorporate creativity into daily life. More art in a Eagan makes our hometown even better. Seeing artists and makers working in close proximity Helping Eagan establish its own identity as an arts hub. In an era where the arts are becoming less supported by government including schools we need to foster the arts within our communities Brings our community up to the next level of livability Enriching art endeavors for all ages in Eagan. A space to encourage and nurture the arts community in the South Metro, bringing people together through art. Helps draw an.educated, well-rounded community to our area. Also provides a postive, creative, mind - engaging outlet for our youth. Positive Inclusive Spaces where people can express themselves Helping develop an identity for Eagan that includes the arts. people of all ages benefit from participation in arts programming. Along with health benefits for seniors, who often live alone, are the benefits of social interaction while building a stronger community. Resource for the community Advocating arts in Eagan and developing a community of artists working together in the advancement of arts in Eagan. Catalyst to bringing more art and art type functions to the community. Entertainment Bringing culture, new perspectives, education, and enjoyment to the community. Generally, just making the community a more enticing place to live, filled with a variety of activities. Having working artists; would like to see artists mentor others Art shouldn't just be in cities, it's healthy for kids and adults alike! Provides a valuable cultural amenity that wouldn't otherwise exist in Eagan Promotion and support of local artists, a place to buy local art. Always appreciate art in the community for my own enjoyment, but most important to share art experiences with children in a time when they have fewer chances for art experiences in school. It helps us all be well rounded citizens. What do you perceive to be the greatest value in having Art Works Eagan in the community? (104 responses) Enriching the community while connecting and supporting local artists an advocate of art makers and community connector Cultural and the opportunity to encourage people to become immersed/exposed to Art. a place where arts of all kinds are valued! Gathering space to share ideas and resourced Recognizing the value that artists bring to our community Bringing people together The arts of all kinds only enhance the lives of the community. Art at the forefront for all. Community involvement I believe the community would benefit greatly by this group's involvement in acting as an umbrella to focus energies on creating a diverse art focus that everyone in Eagan would find sonething of interest to support or participate in. Arts and space for creativity are a part of a vibrant city/suburb It increases the quality of life in the southern metro A permanent place to work in community south of the river. The art district in Minneapolis is so far away. Makes our community stroger and better. Our community is filled with creative people. Developing a space where these activities can be cultivated and shared will only enrich Eagan. Community building and conversation Bring more people together and build relationships. Art Works Eagan's greatest value is their ability to bring working artists, to a single place where, those of us who enjoy arts, can witness how it unfolds. Not only is one location a boon for working artists' resources, but it is a rich, continuously regenerating resource for those of us in the community, who are not working artists, but fill our lives with creating art, at our own levels. When people unite to enjoy and create art together, there is an incredible energy that feeds our human spirit during this process.This is what we need as community that AWE offers. A place to gather (artist and non) that will serve our human spirit and allow each of us a personal journey into the arts created by the opportunity of being part of their working environment. We can't find that anywhere else south of the river. To have it be in the Eagan metro is HUGE for our community. What do you perceive to be the greatest value in having Art Works Eagan in the community? (104 responses) It not only supports the artists in our community, but provides a space for people to come together around common interests and get to know their neighbors. This is something unique that larger cities cannot offer, since their arts communities tend to be highly specialized. AWE provides a gateway for amateur or aspiring artists to meet and share space with others, and get valuable mentoring in their chosen areas. Eagan art House is a wonderful resource and AWE builds on that. It is amazing to have our own maker community in Eagan and we need to continue to support and expand that. place for teenagers, retired people and people of all ages to discover and explore Bringing studio space to Eagan A space for artisits to expand their art by having a place to work and practice We need to expose the community and it's residents to the talent and artistic achievements our residents have. Bringing artists and those interested in the arts together. The art world brings vitality to a community. Bringing more arts opportunities to the Eagan area Bringing the community together through the arts and giving residents a chance to explore different realms of art they may not have had the opportunity to explore otherwise. The personal benefits of being involved in the as have been well researched. Additionally, the arts help build community, as well as gives a community part of its identity and increases its liveability and quality of life. More spaces that help make art accessible is good for everyone. I know not everyone wants to come into "the cities" but would like things to do in their own community. Continuing to set Eagan apart from other suburbs as a supporter of the arts. Giving our artist children support and resources close to home. More Art and it's influence. As well as encouraging self-expression for members of our community. Art is a Ladder for the Soul. More opportunities to take part in arts activities. Providing studio space for working artists = Generating a vital community It would be helpful for local artists to have space to display their art in Eagan rather than further afield. The use of this building as described would support a cross cultural community environment in Eagan. So artists have a place to crest and share what they create. I may eventually take classes of interest Opportunity for local artists. Community growth and beauty Gathering place for artists and the community Enhanced cultural appeal What do you perceive to be the greatest value in having Art Works Eagan in the community? (104 responses) Quality of life Provides access to an underserved component in our community. Resources like this make Eagan a better place to live. Creativity of any kind encourages creativity of all kinds. Having a foundation so creativity can grow in the community Diversifying cultural offerings Greater opportunity to encourage continuation of art among our youth. Art is an important element of a healthy community, and one which is notably undeveloped in Eagan, compared to other aspects of the community. Insure Art is in the forefront of what Eagan is known for and is all about. Provide inspiration and support for our local artists. Great opportunities for the community! We need to expand the diverse art community of the city into the suburbs, we NEED it here! Any information that you would like to share about why you support Art Works Eagan and its purchase of the former Fire Administration Building on 3795 Pilot Knob Road? (75 responses) The arts make all of us better people (4) This location is central in Eagan. It also has close proximity to the Art House and Caponi Art Park creating an Arts Centric Triangle that will benefit all of the organizations. The space will also provide studios for working artists that are sadly lacking the South Metro, and with its proximity to the library it can become a natural extension of the makers space there, providing equipment that the library cannot. Community access is the key! Utilize an empty building to strengthen a community and suppprt local artists Very impressed with this group and I am supportive! It would be a wonderful addition to Caponi Art Park and secure Eagan's place as a thriving art center in the south metro. Accessibility to the arts is vital to a diverse community. It gives people the opportunity to meet and engage in a non-political and non -religious way, which is so important for understanding each other and building tolerance, inclusiveness, and relationships. Art is a common language we can all relate to on some level, regardless of our heritage or beliefs. Win-win. The City unloads a property that has proven difficult to sell or lease and AWE acquires a prominent, recognizable headquarters ideally situated for its mission. Any information that you would like to share about why you support Art Works Eagan and its purchase of the former Fire Administration Building on 3795 Pilot Knob Road? (75 responses) Location I have experienced first hand the immeasurable power of the arts. I am a former drama teacher and director and attended the Perpich Center for the Arts in high school. The opportunities I had then and the ones I saw my own students have, were life giving. We should not underestimate the power in freedom of expression in a safe, creative space. It allows people to tap into the deepest most intimate parts of themselves and transform them into creative gifts for all people to benefit from. People all over the world travel to visit buildings and monuments created by artists because they hold meaning and beauty. They speak to people's minds and hearts. That is always a good investment. The diligence of the AWE board in their mission and the general community response thus far is indicative of the likelihood of the success of this operation. Eagan has a great opportunity to show its support for the arts at this time; I sincerely hope they do not let it pass them by. Wonderful idea that needs to come to fruition. Good location I support all aspects of proposed programming in the facility and believe the potential impact to be valuable. I think it's a excellent use for a former fire station building. Arts are important to a robust community. Eagan is missing this critical element. A central facility is critically needed. Provides excellent visibility of art in Eagan. Seems to support the vision of the city for the future. My hope is for it to be accessible to all. We need to attract local artists and provide more opportunities for creativity and collaboration. Our Rotary Club has made a pledge and I would like to see AWE succeed. The Fire Administration Building is a great location. It is centrally located and puts the arts in reach of our library, our sports arena, and our seat of government. The Fire Admin Building is centrally located within the city, and its proximity to the Wescott Library and Art House are vital for building close working relationships with artists and makers. An advanced makerspace would complement the offerings of the Wescott iLab, and provide more flexible hours of access to entrepreneurs and hobbyists alike, who are looking to improve their skills or learn a new hobby. Art is vital to the community, and there could not be a better location, both physically and geographically than the former Fire Admin. bldg. Great use of a long-time vacant, deteriorating building. Good for all, including the adjacent neighborhood. Awe is a means of moving forward the cultivation of the ar custure in Eagan that is overdue. It is a practical use of a building with great potential that stood vacant for too long. I support Art Works Eagan purchase of 3795 Pilot Knob Road because it is a central location for community to gather, and provides enough space to easily hold the classes and events that align with their mission and goals. Any information that you would like to share about why you support Art Works Eagan and its purchase of the former Fire Administration Building on 3795 Pilot Knob Road? (75 responses) Thank you for choosing to help make our community one of the best places to live in the metro. There wouldn't be a foundation or a group or an Art Works at all if there wasn't a highly dedicated group of individuals interested in the well being of their community. feel that this building would provide a wonderful anchor for the arts in Eagan and allow a former public building to serve a public purpose. Would love to see one place where Eaganites and neighbor cities residents can come together and share/enjoy arts. Would love to see the future AWE home be open to all artists to participate and rent space for one-person or group shows and not limit the space and make it for exclusive use of artists who rents studio spaces. It's a central location for Eagan and it's residents. The building is empty and should be utilized for the betterment of the community. I don't know enough about the situation at this point to provide feedback. The Art House is very small. I would like to see them buy larger place. I think it is awesome, and would come from Mpls to see open studio events! As an art lover and member of the Eagan Rotary Club I believe the Fire Admnisitration Building overall is a good location. I have already seen this facility used for far more questionable uses. It would be great for the south metro community, bring people together, explore new opportunities. The former Fire Administration building is a wonderful space for artists of all kinds. The location is accessible and central, the space is large and good for artists of all types; the building is already a public space and has had a fair bit of traffic. This group is working hard to make Eagan an even better place to live by bringing different forms of artistic expression together in one place. I think the proposed building is a great central location for their purposes, being that it's so close to other important community resources (i.e. The Wescott Library, Civic Arena, Central Park, Eagan Community Center, Eagan Art House, Town Centre, Central Park Commons, etc.). I think people think Art is only experience in a downtown city and I feel strongly that this will be an incredible asset to our city. we need a space like this- other communities have gone ahead with developing spaces like this and we need to be supportive of the arts! It will be a great resource for our community, benefitting all ages. Excellent use of a former community building. It has been vacant too long. AWE is a viable appropriate use. It's a great idea and one that has worked elsewhere in the country to provide a venue for community involvement at many levels- Any information that you would like to share about why you support Art Works Eagan and its purchase of the former Fire Administration Building on 3795 Pilot Knob Road? (75 responses) This is where I have trouble, but then I don't know details of what you are envisioning with the fire admin building. It's a very expensive expenditure for a building that is uniquely designed and it has significant drawbacks in my opinion. Lack of parking, not clear how ADA structured it is. In the middle of a very busy intersection. I never understood why focus was not on developing something in the Caponi Park area was not the focus. Sorry, just my opinion. I like the idea of attending events as well as the potential to rent space for a performance/art experience We need more opportunities for art south of the river. Great location and fot. Awes' use of the uniquely designed space of FAB is amazing and smart and seems to resolve the vacancy issue with vigor. Awe's use will contribute directly to the public benefit, with providing unique spacial separations that allow artistic differences in mediums, while still being together at the same place. When we want to develop a human trait, the best way is to model those who have succeeded at it. Bringing art -curious public, art -for -my -soul public and working artists together is already creating excitement! Art lifts us all up, together, and already AWE is also contributing value to the city by its desire to recycle this specifically designed vacant property. It seems as if it was intended for AWE to move in and be FAB there! The size, layout and location of the Fire Administration Building is perfect for housing a variety of art mediums, including some of the space intensive uses like pottery and sculpture. And allowing for both private studio space and shared working areas makes it affordable for artists at all levels. Besides - it has parking and is close to the library, which also has maker space. Win -win! thank you for working on this exciting project Arts enrich the whole community. We need a central place for artists and the community to both come together for the common expression and experience of art in all it's forms. See above. It's about time we recognize the excellent fit between Art Works Eagan and the facility at Pilot Knob Rd. and Wescott. This building has been vacant far too long. Maybe the asking price is appropriate for that type of structure but the alternative is an empty building near other city buildings. I think the price is too high considering its (empty) history. I think it would be such a great asset for Eagan and give residents an opportunity to become more involved in the arts. It's an amazing space for an art center. I came for the open house and was blown away. I immediately asked if I could come and teach workshops there. I just love the idea of Eagan continuing to support the arts. It's a great opportunity for local artists to find support and community. There is EVERYTHING RIGHT about that! It's obviously the perfect place for it. Any information that you would like to share about why you support Art Works Eagan and its purchase of the former Fire Administration Building on 3795 Pilot Knob Road? (75 responses) Easily accessible and visible location on a major road. If there are a large number of artists and citizens who support ( i.e. financially) this purpose and the building would otherwise be sitting empty it seems like an obvious outcome. The location is perfect and the need it would fulfill is beneficial to the community! The building should be used rather than empty for the community to gather. The building is almost perfectly suited for their needs. Great answer for providing artist/gallery/display/community space The location relative to City Hall, the Library, the Old Town Hall and other resources makes this a natural location. Having three stories to work with provides more options for AWE. It is the perfect building for increasing community for the arts. Perfect space repurposed for creative outlets, where all can gather to create and/or enjoy art. it is a worthy investment for any town, especially a progressive one like Eagan. This building would be a wonderful work space for artists, and a great place for people who are interested in the arts to come together. A prominent location in the community is a great promoter and this organization would put to use a city asset that is unsalable for other purposes and is rapidly deteriorating. Without this Savior, we'll be spending city money to raise this building. It would be better to give the building to this organization. Thanks for doing the survey Awesome location! Art Works needs to be able to afford and civetv the costs now & going forward!! There are so many people, especially children, who need to see they don't need to be a successful athlete or straight A student to be successful adults. It's ok to be different, it's ok to be creative and it is really ok to share your views especially if they aren't like everyone around you. From: Mike Ridley To: Julie Strid Subject: FW: Art Works Eagan Support Date: Thursday, July 13, 2017 2:45:41 PM From: Cheryl Stevenson On Behalf Of City Council Sent: Tuesday, July 11, 2017 7:13 AM To: 'Michael Ferber' <michaelgferber@gmail.com> Cc: Mike Ridley <MRidley@cityofeagan.com> Subject: RE: Art Works Eagan Support Thank you for your email, it will be included in the July 18 City Council packet. From: Michael Ferber[mailto:michaelgferber©gmail.com] Sent: Tuesday, July 11, 2017 5:31 AM To: City Council Subject: Art Works Eagan Support Dear City Council Members: I write you today in support of the Art Works Eagan proposal regarding the former Fire Administration building. I am a resident of Eagan, work in Eagan at the YMCA in Member Services and a proud member of the Eagan Kick -Start Rotary. I am also involved in Eagan Funfest and Beyond the Yellow Ribbon Eagan. I have attended several AWE events and think they are awesome. I support AWE's plans to repurpose the building in question and have no doubts they will be wonderful excellent building users for the City of Eagan. Please support Art Works Eagan. Thank you! Sincerely, Mike Ferber 725 Granite Drive Eagan, MN 55123 From: Mike Ridley To: Julie Strid Subject: FW: Art Works Eagan CUP application Date: Thursday, July 13, 2017 2:44:53 PM From: Cheryl Stevenson On Behalf Of City Council Sent: Tuesday, July 11, 2017 7:13 AM To: 'msupina@comcast.net' <msupina@comcast.net> Cc: Mike Ridley <MRidley@cityofeagan.com> Subject: RE: Art Works Eagan CUP application Thank you for your email, it will be included in the July 18 City Council packet. From: msupina(dcomcast.net [mailto:msupina@comcast.net] Sent: Monday, July 10, 2017 11:45 PM To: City Council Subject: Art Works Eagan CUP application To the Eagan City Council: I am writing in support of Art Works Eagan's CUP application for the former Fire Admin Building. The use proposed by Art Works Eagan falls within the allowable uses of this property with reasonable conditions. The normal daily use would differ little in terms of occupant load and vehicular traffic as the Fire Department and commercial business uses that had previously occupied this building. The only potential difference would be during special events; AWE has an overflow parking plan to address that. There has been a lot of discussion about the proposed kilns. Please be aware that kiln design, installation, and venting are all highly regulated for safety. Gas-fired kilns burn cleaner than automobiles. With regard to AWE's vision for this space, it will be unique in the south metro and a feather in the cap of Eagan, highlighting our community on the Twin Cities cultural map. It will represent an additional link in the creative circuit which includes the Wescott Library, Glacier Hills Arts & Science Magnet School, the Eagan Art House, and the Caponi Art Park. I encourage the City Council to consider the facts, the history of this site, and the vision for what Eagan can become, and approve Art Works Eagan's CUP application. Mike Supina 1656 Sherwood Way Eagan MN 55122 msupina@comcast.net 651-706-0061 From: Mike Ridley To: Julie Strid Subject: FW: AWE Proposed purchase of the Former Fire Administration building Date: Thursday, July 13, 2017 2:43:13 PM From: Cheryl Stevenson On Behalf Of City Council Sent: Wednesday, July 12, 2017 7:21 AM To: 'SCOTT SWENSON' <soswens@msn.com> Cc: Mike Ridley <MRidley@cityofeagan.com> Subject: RE: AWE Proposed purchase of the Former Fire Administration building Thank you for your email, it will be included in the July 18 City Council packet. From: SCOTT SWENSON [mailto:soswensCa>msn.com] Sent: Wednesday, July 12, 2017 6:42 AM To: City Council Subject: AWE Proposed purchase of the Former Fire Administration building July 10, 2017 Eagan City Council, Please accept this as my endorsement of Art Works Eagan and their effort to purchase the Fire Administration Building. This organization will be a great asset for Eagan. What makes their effort even more impressive is the fact their plan does not include a request for the City to pay for this highly desirable community project. As a banker and accountant I have reviewed the business plan and projections. I believe they are well thought out and represent a very achievable result. Having met the leadership team of AWE I became interested in seeing this Eagan benefit happen. I am not necessarily a strong admirer of the arts. I am however a big advocate for our City. As a result I am supporting this because it will make Eagan better. This value of this particular building is that it will be an extension of our City Campus. That makes so much sense. As a long term resident and volunteer I have been involved with a number of organizations and initiatives that are heavily connected to our City. Eagan is such a great City. Please feel free to contact me with any questions. Scott Swenson Market President Home Federal Home address: 4100 Havenhill Circle, Eagan, MN 55123 Sent from Mail for Windows 10 Project: Safety Assessment Report for 3795 Pilot Knob Road Conversion for Art Works Eagan Revision: v-01 Safety Engineer Name/Title: David Sullivan-Nightengale, CSP Date: 20170718 7/18/2017 Executive Summary This safety assessment report identifies and assesses safety risk associated with the use of the former Eagan Fire Administration Building as an art studio and entertainment venue for performing arts. It then makes recommendations for risk reduction necessary to meet federal, state, local, and professional society criteria for risk reduction.The proposed activities on the site include pottery; sculpture; painting; drawing; sewing; knitting; papermaking; bookmaking; woodworking; and performing music, acting and dance. While the building has several kitchens, culinary art is not planned. The venue will bring in customers to view and purchase art, attend classes, and attend performance of live entertainment. The conclusion of this report is that the site can meet all the safety criteria with engineering and operational controls. Section 1. Thermal Process Hazard Control Pottery Making. Work involving elevated heat to produce a product is called hot work. This generally does not apply to the making of pottery since this is a highly -controlled process, but is analyzed in this section because the risks are very similar. These include exposure to heat, fumes, and the production of gases. By limiting materials used, using certified equipment, and industry processes, kilns have operated in urban areas adjacent to homes without adverse health effects. There are currently much larger kilns than the ones proposed by Art Works Eagan operating in Minnesota in and near residential neighborhoods without adverse effects on people and the environment. A case in point is Front Avenue Pottery's twin 40 ft3 kilns in Saint Paul's Como Neighborhood (Figure 1) and several kilns operating in northwest Minneapolis. Pottery makers in the United States and Europe currently operate kilns within residential areas. Materials used are restricted by the trade and the Consumer Product Safety Commission in the United States. Pottery products made here in the United States but sold overseas must meet additional restrictions. So, there is incentive to use safe materials and processes from a compliance and economic perspective. 7/18/2017 Figure 1. Aerial View of Front Avenue Pottery (Google, 2017) The firing proposed on site includes the use of natural gas and electric kilns within the existing fire truck and ambulance garage. The garage has the existing water sprinkler system, heating, water supply for cleaning vehicles and ventilation. Both diesel and gasoline powered vehicles were stored and maintained the in the facility and previous use was as an operational fire station in addition to being an administration building. The room currently provides outside makeup air and is large enough to accommodate the kilns and hoods to dilute and vent any gas, heat and fumes. A downdraft ventilation system is highly recommended if available for the model of kiln in cold months. The large bay garage door can be opened and an industrial fan are all that is needed to vent heat and fumes sufficiently during warmer months. Security precautions should be taken if the garage is open so as to prevent the public from coming into contact with the kilns. The ceramic artists of ArtCraft Eagan use sodium carbonate rather than halogenated substances containing chlorine, fluorine, bromine, or iodine. This prevents the production of halogenated gases that form acids that once were in widespread use in pottery making. A list of materials is provided including a list of materials that are expressly prohibited from use by Art Works 7/18/2017 Pottery materials and recommended restrictions: This section contains a list of commonly used, prohibited, and restricted materials used in ceramics in the United States. The restrictions put in placed are proposed by Art Works. Art Works reserves the right to restrict further materials explicitly and allow only approved materials within their facilities. Alumina, Calcined 325M Antimony Oxide — Not allowed Barium Carbonate — Not allowed Barium Sulfate — Not allowed Bismuth sub nitrate Boraq Borax Cadmium and cadmium compounds — Not allowed Cadycal 100 Borate Copper Carbonate Copper Oxide Red Copper Oxide Black Cryolite Magnesium Sulfate Non -lead frits Lead frits — Not allowed Gerstley Borate Gillespie Borate Gum Arabic 7/18/2017 Iron Chromate — Not allowed Iron Oxides (various colors) Iron Sulfate Laguna Borate Lead and lead compounds — Not allowed Lithium Carbonate Not used Macaloid Magnesium carbonate Magnesium dioxide Murray's Borate Nickel Carbonate Nickel Oxide Black Nickel Oxide Green Ochre Yellow (iron oxide red&yellow) Potassium Carbonate Petalite Potassium Bi -chromate — Not allowed Selenium — not selenium Silver Nitrate Soda Ash Sodium Bicarbonate Sodium nitrate Sodium silicate 7/18/2017 Sodium sulfate nitrate — Not allowed Stannous chloride — Not allowed Strontium carbonate Tin oxide Tin dioxide Tri -Calcium Phosphate Ultrox (Zirconium silicate and aluminum silicate) Uranium oxide — Not allowed Vanadium pentoxide — not used Veegum (magnesium aluminum silicate) Volcanic ash Whiting (calcium carbonate) Wollastonite (calcium inosilicate) Zinc Oxide Zirconium silicate For metal fumes, an exhaust velocity of 1400-2000 ft/min is recommended. The Olympic gas kiln uses a 10 inch diameter vent. The rectangular hood recommended by the manufacturer has a flange opening. With this information, a ventilation system can be designed to meet the requirements of the space. Contact MPCA for additional requirements for air emission permits that meet EPA requirements. Regulations are constantly in flux. So, it is good to review them annually. Current kiln designs vent direct through the roof in a typical installation. Ideally a negative pressure should exist in the space with proper design once complete, and airflow should be achieved within the workspace. The following kilns are being researched for use on site: • Olympic DD9 Gas Kiln 7/18/2017 An Olympic hood from the original equipment manufacturer is recommended. • Skutt 1027 • Skutt 1627 The 37 inch hood for electric kiln is recommended Other thermal processes: The hot work on site will include use of open flame and electricity including welding, brazing, and soldering. Hazards associated with hot work: • Metal fume fever • Generation of carbon monoxide • Fire • Burns (UV, contact, and flame) • Inhalation hazards of gases • Electric shock Some of this work is proposed for the basement of the facility. A review of the basement facilities indicates additional ventilation would be required for becoming a viable workspace for work including hot work. Modifications are feasible for this space to allow more makeup air and better air flow to accommodate regular use. A detailed design of the space should follow more detailed use information as it is made available. Section 2. Other hazards of operational use Mixing clay: is not planned for the site. Premixed clay reduces inhalation hazard for artists. A designated work area is recommended and was proposed. No food or drink should be allowed in a claymaking studio. Painting: Some artists will use solvents that can be flammable or toxic. Each artist should be required to submit a list of chemicals and processes to Art Works for approval, and material safety data sheets must be kept on site. Artists should be encouraged not to use the facility to store excess raw materials and to order only what they need so as to prevent both an inventory and accumulation of materials. The use of low volatile organic compounds in painting material should be encouraged. The proposed front desk is a recommended place to keep these. 7/18/2017 Music: Use of a sound meter can verify sound levels both internal and external to the building from music being played on site. The structure of the building reduces sound going into the adjacent neighborhood. It is possible to further reduce transmission of sound through internal barriers. Section 3. Recommendations, Inside Install carbon monoxide detectors throughout the building and replace them in accordance with manufacturer's recommendation. Intal) new smoke detectors throughout the building and replace them in accordance with manufacturer's recommendation. Install a combustible gas sensor in any space using acetylene, propane or other flammable gas for hot work. Install an HVAC system in the basement and provide additional makeup air for artists working in the basement. Install Fire -Stop magnetic -mounted fire extinguishers in the hoods of the stoves used for cooking meals. Cooking fires are the highest risk in this facility currently. Firing: Increase makeup air in the garage space. Utilize hoods and manufacturer - recommended ventilation for kilns. Add stovepipes to reduce heat of kiln exhaust before entering the environment. Soldering: Use RoHS compliant materials such as lead-free solder. Do not use soldering equipment previously used with leaded solder. Train all personnel in basic first aid and CPR with Automatic External Defibrillator (AED) training. Purchase and install an Automatic External Defibrillator in the front desk, second floor venue, and basement next to the elevator. Revise exit routes maps and placard them so they can be updated whenever the configuration of the offices changes. Repair or replace the exterior windows on the second floor due to water ingress and check for mold and mildew regularly. 7/18/2017 Welding: Require completion of the American Welding Society course (ANSI Z49.1:2012 Safety in Welding Standard) courework for artists and only use approved equipment in the approved spaces. Section 4. Exterior hazards The wall along the entryway to the building has loose cinder blocks and needs to be repaired prior to use by the public as this poses a risk of death or serious injury. Foliage needs to be removed from around the equipment cabinet on the north side of the building clearing a space of 10 feet in accordance with manufacturer's recommendation. Xcel energy and Gopher One will need to be contacted. Light fixtures at the base of the flag pole have water ingress. Checks for leakage current on all fixtures and GFCIs must be completed by an electrician prior to use. Water damage to the side of the building must be repaired. A detailed list will be provided at a later date. Section 5. Maintenance of existing safety features The single most important safety feature of 3795 Pilot Knob Road is the fire sprinkler system. The fire department will require periodic checks of the building fire protection system. Maintain this in working order. It is currently in working order as of the date of this report. Lighting needs to be repaired by a licensed electrician to bring the building up to code. Section 6. Conclusion The recommended engineering, process, and material controls along with training are needed to meet the local, state and federal safety requirements. Art Works and the City of Eagan are able to meet the safety criteria with the conversion of the building. 7/18/2017 Mr. Sullivan-Nightengale is a Board Certified Safety Professional specializing in safety engineering. He holds a Bachelor of Science degree in Engineering from the United States Military Academy and a Master of Aeronautical Science degree from Embry - Riddle Aeronautical University. He works with United Technologies providing safety certifications for safety instrumented systems. He is a HAZMAT emergency responder. He has previously worked as a safety engineer within the Office of the Secretary of Defense, Cobham, Lockheed Martin, Honeywell, and Science & Engineering Associates. He has 17 years of experience in the Safety Engineering field. Mr. Sullivan-Nightengale is required to disclose that he attended church and school for ten years with the Parkos family previously. Parkos Construction is the builder of the Eagan Fire Administration Building reviewed. 7/18/2017 Agenda Information Memo July 18, 2017, Eagan City Council Meeting NEW BUSINESS B. Planned Development Amendment and Preliminary Subdivision (Quarry Road 2"d Addition) Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) of a Planned Development Amendment to modify the Site Plan and create two lots for development of a retail grocery and medical office building upon approximately 4.2 acres located north of Yankee Doodle Road and west of Central Parkway, legal described as Lot 2, Block 2, Quarry Road Addition, subject to the conditions listed in the APC minutes. To approve (or direct preparation of Findings of Fact for Denial) To recommend approval of a Preliminary Subdivision (Quarry Road 2nd Addition) to create two lots upon approximately 4.2 acres located north of Yankee Doodle Road and south of Quarry Road west of Central Parkway, subject to the conditions listed in the APC minutes. Required Vote For Approval: D PD Amendment - At least three votes > Preliminary Subdivision - Majority of Councilmembers present Facts: > The Applicant is proposing to subdivide the site into two lots, and build a 22,289 sf retail grocery and a 12,000 sf medical office building. ➢ The property was previously platted and is vacant. Access is from Quarry Road; there is a right -in only access from Yankee Doodle Road. Pedestrian access and circulation is proposed through internal sidewalks and connections to the trail along Quarry Road. > The existing Planned Development approved in 2016 designates the property for 43,000 sf of general retail, with a pylon sign and possible drive-through facility. ➢ The proposed amendment proposes two buildings instead of one, and reduces the total building square footage. The proposal eliminates the drive-through service and retains a shared pylon sign in the southeast corner of the property. ➢ The proposed grocery and medical office uses are consistent with the general retail designation of the property per the Preliminary Planned Development. > The amended Site Plan does not appear to be consistent with the policy objective of strategically placing buildings toward the street with parking behind. ➢ The applicant points out that the proposal is consistent with the policy objective by providing smaller more broken up parking lots rather than one large parking field. > The applicant also states the amended site layout is preferable because it opens up view sheds into the retail center and allows the front of the store to be seen from Yankee Doodle Road. ➢ The proposed building design and materials fall short of City Code standards, and the conditions of approval require revisions to the building materials and architectural design, which will be provided with the Final Planned Development. > Other City Code performance standards are largely satisfied. ➢ The Advisory Planning Commission held a public hearing on the proposal at their June 27, 2017 meeting, and did recommend approval. Issues: None 60 -Day Agency Action Deadline: > August 20, 2017 Attachments: (4) NBB-1 Location Map NBB-2 Draft June 27, 2017, APC Meeting Minutes NBB-3 Planning Report NBB-4 Report Exhibits Fort Ilk= � � z 5 -Snelling State2Prk `, ' , �_ _� �— w "• a 411,11111. City EaR1al ,,'�vvllir� o Pilot of c A � '.' s a $ Knob i,�`�igii /Ail Park I DDRRD B 11 I II TOWCRV R AD DD RJIFW ®®® . .' ® J Location Map :., ® ® 4 ®®®®®®® ® Moorish ni a Park FOUR OAKS RD • �B�O '=/ ia.-. �� Project Name: Quarry Road 2nd Addn. Request: Preliminary Subdivision /1* o00 B �'�, d1 I�; ♦4v Planned Development Amendment Case Nos.: 09 & 09 1 ., D 4 -PA -09-05-17 -PS -05-05-17 Air. ®® o0o Central u ®®lulily � BB` � O �� Park Park = ELSE,. = _ N. Ai --/- CENTRA _ I l i Subject , MARICE DR O ro �2 Site = a iii <_ `9— 6 Quarry Park 1' ci / w 3 IDIDID11 �. UARRY R. \URWF i ' N n ,1 IDNAI D CO mmmmm m - � Ij� Lone Oak Rtl GEN I UHPU7 • -I Vankee Oootlle.Rtl ` �� CDUNTY - R AD NO. 28 (YANKEE DOODLE ROAD) r*•Oilkn BNM:1sT STW:L�O� j : w❑ifFley Rd D�.=: m :!:• •: •• Wp J/ 1 IWf-l. LIiR Rd • IF •• ®���7®u °°��,, ; :� ®'� i ..�..1GIV rA • A'EStteliff— .. Liti ��. Park 1 Lw ' Legend I; 1� _ _ _ILL Parcels ^ �� "EIW ,ICS / c Buildings liar/ • I I °u°K 4 ip . Eagan Boundary S. ky Hill . •-_,`�,I, 1.7. fi�� 1,,, OLErLANE L.._.1 �'' 1.4 11,410.06140 A. ParksPark gsHBU@`LR01D' ��1I Ails I Y �w NE , ,, � I I (Feet ' 1 ,e',. P H . p CRESTRIDGELANE_ Q 500 1,000 2,000 Advisory Planning Commission June 27, 2017 Page 15 of 20 G. Quarry Road Second Addition Applicant Name: Rick McKelvey, United Properties Location: 1550 Quarry Road; Lot 2, Block 2, Quarry Road Addition Application: Planned Development Amendment A Planned Development Amendment to allow a medical office building. File Number: 09 -PA -09-05-17 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 4.2 acres to create 2 lots. File Number: 09 -PS -05-05-17 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 22, 2017. Rick McKelvey of United Properties introduced the development team and discussed the proposed changes to the orientation of buildings on the site indicating that the retail mass is east of the site, and the retail building proposed on this site is oriented to be most visible to east. Mr. McKelvey further stated it is important for retail users that customers can see the entrance to the building, and the proposed orientation achieves that better than the Preliminary PD site plan which had the building entrance facing north. He indicated the proposed Amendment provides smaller parking lots rather than one large parking field as well as pedestrian connections and amenities. Mr. McKelvey stated they will comply with the recommended conditions in the staff report with one exception. He requested that the condition to substitute glass for the metal panels above the main entrance is not workable, since that is essentially a parapet, so the view beyond the glass would not be transparent there because of the structural support for the parapet. Chair Piper asked staff if there was a specific condition related to the glass material at the entrance, and if the change requested by the applicant was acceptable. Planner Dudziak confirmed the staff report includes a specific condition related to the glass panels, and that deleting that condition would be acceptable. Chair Piper opened the public hearing. There being no public comment, Chair Piper closed the public hearing and turned the discussion back to the Commission. Chair Piper opined he expected more pedestrians along Quarry Road than Yankee Doodle Road, and he is comfortable with the site layout. There were no further comments from the Commission. Member Weimert moved, Member Heckmann seconded a motion to recommend approval of a Preliminary Subdivision (Quarry Road 2nd Addition) to create two lots upon approximately 4.2 acres located north of Yankee Doodle Road and west of Central Parkway, currently legally described as Lot 2, Block 2, Quarry Road Addition subject to the following conditions: Advisory Planning Commission June 27, 2017 Page 16 of 20 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al,B1,B2,B3,B4,01,02,C3,C4,D1,El,F1,G1,H1,11 2. The property shall be platted. 3. A revised Landscape and Mitigation Plan shall be provided at the earlier of Final Planned Development or Final Subdivision that redesignates the trees along the north side of Lot 2 as landscaping rather than mitigation, and adds trees elsewhere on the site to fulfill the mitigation requirements. 4. Additional plant materials shall be added in the area south of the building on Lot 1 building to occupy that space and frame the building, including foundation plants, ornamental or shade trees, and shrub or perennial plant beds. These shall be shown on a revised Landscape and Mitigation Plan to be provided at the time of Final Planned Development. 5. The applicant shall provide revised Building Elevations for the medical office building on Lot 2 at the time of Final Planned Development that demonstrate compliance with the materials standards in the City Code, increasing the amount of Class I materials and reducing the amount of Class II and III materials, as well as extending design elements to the east elevation similar to the treatment on the north and south elevations. 6. The proposed rooftop mechanical screens on the medical office building on Lot 2 shall be visually integrated in terms of materials, color, shape and size. 7. The applicant shall provide revised Building Elevations at the time of Final Planned Development for the grocery building on Lot 1 demonstrating compliance with the following design standards for incorporation in the Final Planned Development Agreement: • 30" parapet all around the building. • Visually integrate design of physical screens for rooftop mechanical equipment with the building in terms of materials, color, shape and size. • Add solid wing wall to screen loading area, with design and materials integrated with the principal building • Provide greater variation along expanses of wall to achieve City Code design standard of providing "multiple planes or sections of coordinating materials to add visual interest along expanses of wall." 8. All trash storage shall be contained within the principal building, or for Lot 1, within the fully screened loading/service area. 9. The applicant shall provide a revised Site Lighting Plan at the time of Final Planned Development that includes additional photometric data such as minimum, maximum and average footcandle levels within the parking areas on each lot, as well as the average to minimum ratio, which should not exceed 4.0 fc. 10. A cross -easement for the shared free-standing sign shall be provided at the time of Final Subdivision and prior to issuance of a Sign Permit for construction of the sign. Advisory Planning Commission June 27, 2017 Page 17 of 20 11. Building signage for the medical office building shall be subject to typical City Code standards. 12. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The plan for the installation of fiber optic cable, or a conduit for future installation, shall be provided at the earlier of Final Subdivision or Building Permit. 13. 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.). 14. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Gate valves shall be required on each water service before they enter the building, and all hydrants shall be accessible. 15. The applicant shall provide private maintenance agreements and cross -easements for ingress/egress, in a form acceptable to the City Attorney, at time of Final Subdivision approval. 16. A sidewalk connection shall be provided from Lot 1 to the trail along the west property line. 17. The applicant shall enter into an encroachment agreement for any encroachment of a retaining wall and plaza into a drainage and utility easement, in a form acceptable to the City Attorney. All voted in favor. Motion carried 7-0. Member Weimert moved, Member Vanderpoel seconded a motion to recommend approval of a Planned Development Amendment to modify the Site Plan and allow two buildings upon property located north of Yankee Doodle Road and west of Central Parkway, legally described as Lot 2, Block 2, Quarry Road Addition, subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The Planned Development Amendment Agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan e. Signage Plan 2. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to Advisory Planning Commission June 27, 2017 Page 18 of 20 the City. The Final Planned Development Agreement shall include the following exhibits, revised per the conditions of approval for the Planned Development Amendment: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Tree Mitigation Plan e. Final Signage Plan 3. The property shall be platted prior to issuance of a Building Permit. 4. A revised Landscape and Mitigation Plan shall be provided at the earlier of Final Planned Development or Final Subdivision that re -designates the trees along the north side of Lot 2 as landscaping rather than mitigation, and adds trees elsewhere on the site to fulfill the mitigation requirements. 5. Additional plant materials shall be added in the area south of the building on Lot 1 building to occupy that space and frame the building, including foundation plants, ornamental or shade trees, and shrub or perennial plant beds. These shall be shown on a revised Landscape and Mitigation Plan to be provided at the time of Final Planned Development. 6. The applicant shall provide revised Building Elevations for the medical office building on Lot 2 at the time of Final Planned Development that demonstrate compliance with the materials standards in the City Code, increasing the amount of Class I materials and reducing the amount of Class II and III materials, as well as extending design elements to the east elevation similar to the treatment on the north and south elevations. 7. The proposed rooftop mechanical screens on the medical office building on Lot 2 shall be visually integrated in terms of materials, color, shape and size. 8. The applicant shall provide revised Building Elevations at the time of Final Planned Development for the grocery building on Lot 1 demonstrating compliance with the following design standards for incorporation in the Final Planned Development Agreement: • 30" parapet all around the building. • Visually integrate design of physical screens for rooftop mechanical equipment with the building in terms of materials, color, shape and size. • Add solid wing wall to screen loading area, with design and materials integrated with the principal building • Provide greater variation along expanses of wall to achieve City Code design standard of providing "multiple planes or sections of coordinating materials to add visual interest along expanses of wall." 9. All trash storage shall be contained within the principal building, or for Lot 1, within the fully screened loading/service area. 10. The applicant shall provide a revised Site Lighting Plan at the time of Final Planned Development that includes additional photometric data such as minimum, maximum and average footcandle levels within the parking areas on each lot, as well as the average to minimum ratio, which should not exceed 4.0 fc. Advisory Planning Commission June 27, 2017 Page 19 of 20 11. A cross -easement for the shared free-standing sign shall be provided at the time of Final Subdivision and prior to issuance of a Sign Permit for construction of the sign. 12. Building signage for the medical office building shall be subject to typical City Code standards. 13. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The plan for the installation of fiber optic cable, or a conduit for future installation, shall be provided at the earlier of Final Subdivision or Building Permit. 14. 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.). 15. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Gate valves shall be required on each water service before they enter the building, and all hydrants shall be accessible. 16. The applicant shall provide private maintenance agreements and cross -easements for ingress/egress, in a form acceptable to the City Attorney, at time of Final Subdivision approval. 17. A sidewalk connection shall be provided from Lot 1 to the trail along the west property line. 18. The applicant shall enter into an encroachment agreement for any encroachment of a retaining wall and plaza into a drainage and utility easement, in a form acceptable to the City Attorney. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 22, 2017 APPLICANT: United Properties CASE: 09 -PS -05-05-17; 09 -PA -09-05-17 HEARING DATE: June 27, 2017 PROPERTY OWNER: United Properties APPLICATION DATE: May 17, 2017 REQUEST: Preliminary Subdivision & PREPARED BY: Pamela Dudziak Planned Development Amendment LOCATION: N of Yankee Doodle Rd and W of Central Parkway COMPREHENSIVE PLAN: SA/MU, Special Area/Mixed Use ZONING: PD, Planned Development SUMMARY OF REQUEST The Applicant is requesting approval of a Planned Development Amendment to modify the Site Plan and a Preliminary Subdivision (Quarry Road 2nd Addition) to create two lots for development of a retail grocery and medical office building upon approximately 4.2 acres located at north of Yankee Doodle Road and west of Central Parkway, legally described as Lot 2, Block 2, Quarry Road Addition. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in the city's water quality and wetland management plan which is properly approved and filed in the office of the city clerk and in effect as of the date the subdivision application was received by the city, hereinafter referred to as the "water quality management plan." Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the city clerk to maintain the water quality management plan and make the same available to the public. L. That the subdivision is in compliance with the city's storm water management regulations pursuant to the federal Clean Water Act as set forth elsewhere in this Code. M. That the subdivision is in compliance with the city's wetland protection and management regulations as set forth elsewhere in this Code. Planned Development 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. Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 3 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND/HISTORY The subject parcel was platted earlier this year as part of Quarry Road Addition, a four lot development on an approximately 24 -acre site. The parcel represents the southeast quadrant of the larger site. A Preliminary Planned Development was approved in 2016 for approximately 43,000 sf of retail on this lot, with a pylon sign and possible drive-through facility. The adjacent property to the west is anticipated to be a hotel, and the two parcels to the north of Quarry Road are multi -family residential. Unless otherwise specified, CSC zoning standards apply to the development of this property. Per the conditions of the Preliminary PD, a building height maximum of 35' applies, trash storage must be attached to the principal building, and mechanical equipment must be screened per City Code standards including 30" parapet on the building. EXISTING CONDITIONS Grading of the site and installation of streets and utilities is currently under way. Access to the property is from Quarry Road to the north. Also, with the Quarry Road Addition a right -in only access from Yankee Doodle Road will be constructed. 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 subdivide the property into two lots. The subdivision splits the property into a northern and southern parcel. The proposal amends the Existing Use Zoning Land Use Designation North Multi -family (future) PD, Planned Development SA/MU, Special Area/Mixed Use South Multi -family R-4, Residential Multiple HD, High Density East Vacant (commercial) PD, Planned Development O/S,Office/Service West Hotel (future) PD, Planned Development SA/MU, Special Area/Mixed Use EVALUATION OF REQUEST Description of Proposal — The applicant proposes to subdivide the property into two lots. The subdivision splits the property into a northern and southern parcel. The proposal amends the Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 4 Preliminary Planned Development for this site which was established in 2016 with the Quarry Road Addition subdivision. A new Aldi grocery store of 22,289 sf is proposed on the southern lot (proposed Lot 1, Block 1). The northern lot (proposed Lot 2, Block 1) is proposed to be developed with a 12,000 sf medical office building. Both uses are consistent with the general retail designation of the Preliminary Planned Development, and also considered compatible with the Mixed Use land use designation. A public trail easement is in place for the trail along the west edge of the site. Cross -easements for ingress/egress should be provided between the two proposed lots. Comprehensive Plan and Compatibility with Surrounding Area — The proposed uses of grocery and medical office appear compatible with the surrounding existing and anticipated uses in this area. This Planned Development is located within the Central Commons Special Area. The Central Commons Special Area Plan sets forth some the following policies, among others, to guide development and redevelopment in the area: • Design the development to ensure cohesiveness with neighboring uses and enhance pedestrian connections. • Require high quality design of sites and buildings that creates a cohesive identity for the Central Commons Area and offers flexibility that can respond to change in uses over time. Strive for pedestrian scale buildings two to four stories in height. Create identity through the design character of the edges, i.e. the streetscape, building placement and gateway signage. • Create a cohesive look within development while still allowing enough variety to encourage visual interest. • Strategically place building toward the street with parking behind to help create clearly defined streets and the public realm. Public Benefit — The applicant's narrative includes a statement of public benefit which indicates the proposed amended site plan "opens up view sheds into the retail center" and allows "the front of the store to be seen from Yankee Doodle," yet views are limited with the 0-12' grade change from the road to the site. The proposed site plan "incorporates a landscape feature along Quarry road and further defines the streets and public real by incorporating two smaller parking lots as opposed to one large parking field." The project will provide two retail uses and the combination of uses within the development "will encourage walking to destinations." The proposed Aldi grocery's operations keep shopping carts in one location as opposed to having multiple cart corrals throughout the lot. In addition, the narrative indicates that the proposed layout with two offset buildings provides a more open appearance to the site. Airport Noise Considerations — The site lies just outside the one -mile Buffer of Airport Noise Policy Zone 4. As such, the development is not subject to airport noise compatibility standards. Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 5 Lots — The proposed subdivision creates separate lots for the two buildings anticipated to be developed on this site. Separate lots allows for separate ownership of each lot and building. Proposed Lot 1 is 2.49 acres and Lot 2 is 1.69 acres. The proposed plat maintains restricted access along the Yankee Doodle Road frontage, which was established with previous platting of the property. Density — The proposed building coverage ratio is 20.5% for the grocery retail on Lot 1, and 16.3% for the medical office building on Lot 2. Site Plan — The proposed PD Amendment modifies the Preliminary PD Site Plan to accommodate two buildings of different uses. The proposed grocery building is situated on the west side of the southerly lot, and the parking field to the east; the medical office building on the northerly lot is situated on the east side of that lot with the parking field to the west. Thus, rather than the Yankee Doodle frontage being occupied by building, approximately 2/3 of it is open to parking. The proposed PD Amendment provides a two-way drive aisle along the east side of the property, which also eliminated landscaping along that edge of the site. The 2016 Preliminary PD Site Plan showed building placement along the south side of the property, with the parking field to the north. The proposed PD Amendment changes the site layout so the southerly building is placed along the west edge of proposed Lot 1 with the parking field to the east. The proposed building orientation is contrary to the design policy to "strategically place buildings toward the street with parking behind to help create clearly defined streets and the public realm." The PD Amendment eliminates the drive-through service that was part of the Preliminary PD, and continues to show a free-standing sign in the southeast corner of the site. All parking stalls and drive aisles meet the City Code standard of 10' x 19' stalls and 24' wide aisles. Setbacks — Applying CSC zoning standards, minimum building setbacks are 40' from Quarry Road and 50' from Yankee Doodle Road. Required side yard setback is 10 feet, and rear yard is 20 feet. Both proposed buildings satisfy these minimum setback standards. Landscaping/Tree Preservation — This development does not propose to remove any additional trees. An approved Tree Preservation and Mitigation Plans were provided with the initial subdivision, Quarry Road Addition. The Tree Mitigation Plan approved with the initial subdivision and Preliminary Planned Development, provides for 25 Category A trees on this site, all located along the south edge of the property. The proposed Landscape and Tree Mitigation Plan continues to provide for 25 Category A mitigation trees on this site. The mitigation plantings have been redistributed and are now located on proposed Lot 1 west of the grocery building, and on proposed Lot 2 along the north edge abutting Quarry Road, and at the northwest corner of the office building. Since tree mitigation is required in addition to landscaping; the trees along the north side of Lot 2 should not be designated as mitigation. Additional trees should be added elsewhere to the plan to fulfill the mitigation requirements. Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 6 Planting on the south side of proposed Lot 1 is sparse, particularly between the building and right-of-way. An ornamental fence with a row of landscape shrub is proposed along the south edge of the parking lot. It is understandable that visibility of the building from the street is desirable, however, the open area south of the building should be landscaped with plants to fill the space and frame the building including foundation plants, ornamental or shade trees, and shrub or perennial plant beds. Elevations — Because the specific use for this parcel was unknown at the time of Preliminary PD, typical architectural standards as would be comparable in the CSC zoning district were referenced for this property. In addition, all new buildings are subject to general building design standards in the City Code which include all exterior vertical surfaces of a building to have an equally attractive or the same finish, multiple planes or sections of coordinating materials to add visual interest along expanses of wall, and the ground level of any three-story or taller structure to be visually different from the upper stories. Finally, City Code requires all exterior building materials must be attractive, durable and compatible with adjacent structures. City Code requires new buildings in commercial districts to utilize at least two Class I materials and be finished with at least 65% Class I materials. Not more than 35% may be Class II or II materials, and not more than 10% Class P1 materials. Proposed Medical Office Building (Lot 2) - The medical office building on Lot 2 is comprised of primarily of brick, glass and cast stone. Aluminum siding is proposed above the glass storefronts on the corners of the building. Brick and glass are Class I materials, and make up from 58%-75% of the four facades. Cast stone is a Class II material, and combined with other Class II and III materials including the metal siding, makes up 24%-42% of the four facades. These ratios do not meet the minimum 65% Class I and maximum 35% Class II and III materials standards in the City Code. Final Building Elevations should be revised to satisfy the City Code standards for exterior finish materials. The architectural design appears otherwise acceptable. The building is 17' to the roof, with taller parapets at the building corners. All four facades incorporate use of the various primary finish materials. Cast stone elements extend to the top of the building to visually anchor and separate the glass storefronts from the brick walls. The north and south elevations also include a wall section of cast stone that adds visual interest to the building. A similar element should be added to the east elevation to achieve the City Code design standard of all facades having an equally attractive or the same finish, with multiple planes or sections of coordinating materials to add visual interest along expanses of wall. The applicant should provide revised Building Elevations for the medical office building on Lot 2 at the time of Final Planned Development that demonstrate compliance with the materials standards in the City Code, increasing the amount of Class I materials and reducing the amount of Class II and III materials, as well as extending design elements to the east elevation to achieve similar treatment as is on the north and south elevations. Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 7 Proposed Grocery (Lot 1) — The proposed Aldi grocery building is comprised of two colors of brick and glass with decorative block and metal panels. The metal panels are located in the upper area at the main building entrance on the south and east elevations, and also serve as the backdrop for building signage. Brick, glass and metal panels are considered Class I materials and the submitted plans identify >80% Class I materials on all elevations. The decorative block is a Class II material which is utilized on the lower course of the building. While architectural metal panels are identified as a Class I material, staff suggests that glass instead of metal panels would be an upgrade to the building's appearance. The building materials ratios appear to satisfy typical City Code standards, but the building lacks visual interest. There is no variation to the appearance of building sections along the expanses of wall. A vertical brick element visually separates the wall into sections, however, each section is a repeat of the same pattern. This design does not satisfy the City Code design standard of providing multiple planes or sections of coordinating materials to add visual interest along expanses of wall. The architectural design provides a flat roof with raised parapets accenting the main entrance. Metal awnings are proposed above the row of windows, with a metal canopy projecting out over the main entrance. The main entrance wall sections are taller above the canopy than below, resulting in a top heavy appearance. The building appears to lack the required 30" parapet all around, which is a design standard for screening rooftop mechanical equipment. The building plans should be revised to provide the 30" parapet. The loading dock is recessed a few feet below the surrounding grade, and a fence is proposed on the outside of the loading area. The north side of the loading dock should be screened behind a solid wing wall of sufficient height and length to fully screen views of any trucks parked at the loading dock. The screen wall should be constructed of materials with a design that is integrated with the principal building. Shopping carts are proposed to be stored outside under the canopy at the main entrance. A wall with a solid rockface block base, and glass panels above screens, contains and protects the carts. The proposed outdoor cart storage appears acceptable with the design of the wall being integrated into the architectural design of the principal building and providing effective screening. The applicant should provide revised Building Elevations demonstrating compliance with the following design standards for incorporation in the Planned Development Amendment Agreement: • 30" parapet all around the building. • Visually integrate design of physical screens for rooftop mechanical equipment with the building in terms of materials, color, shape and size. • Substitute glass in place of metal panels in upper sections of building at main entrance Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 8 • Add solid wing wall to screen loading area, with design and materials integrated with the principal building • Provide greater variation along expanses of wall to achieve City Code design standard of providing "multiple planes or sections of coordinating materials to add visual interest along expanses of wall." Mechanical Equipment — City Code requires mechanical equipment to be fully screened from public view from ground level of adjacent property. Mechanical equipment should not detract from the visual theme and appearance of the building. For new construction a 30" parapet is required on the perimeter of the roof. A physical screen shall be used in combination with the parapet wall if equipment cannot be fully screened by a parapet design alone. Also on new buildings, rooftop equipment must be set back from the edge of the roof a minimum of 20 feet. The proposed grocery Building Elevations for Lot 1 show a physical screen for mechanical equipment. City Code allows physical screens in combination with the required 30" parapet to achieve full screening of equipment. When present, any such physical screens, must be visually integrated with the building in terms of materials, color, shape and size. Revised Building Elevations demonstrating compliance with these standards should be provided for incorporation in the Planned Development Agreement. A 30" parapet is identified on the medical office Building Elevations for Lot 2, and additional physical screening is also proposed for the rooftop equipment. The proposed rooftop mechanical screens should be visually integrated in terms of materials, color, shape and size. There is more than one such screen enclosure, and they project several feet above the building even with the 30" parapet. Thus, the proposed physical screens do not appear visually integrated wqith the principal building in terms of shape and size. Revised Building Elevations demonstrating compliance with these standards should be provided for incorporation in the Planned Development Agreement. Trash Storage — No outdoor trash storage areas are identified on the plans. All trash storage should be contained within the principal building, or for Lot 1, within the fully screened loading/service area. Signage — A free-standing sign is proposed on the southeast corner of the site. The sign is proposed to be 12' in height and is considered a pylon sign. This is consistent with the 2016 Preliminary PD. The proposed sign incorporates brick and cast stone and coping to match the materials used on the buildings. The base of the sign is landscaped with a bed of daylilies. The sign is proposed two have two tenant panels, presumably one for each building. The shared free-standing sign can be accommodated through the Planned Development, and a cross - easement allowing signage on Lot 1 to serve the use on Lot 2 should be provided at the time of Final Subdivision and prior to issuance of a Sign Permit for construction of the sign. Building signage is proposed on the south and east elevations of the proposed grocery building on Lot 1. The signs are proposed above the main entrance at the southeast corner of the building. Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 9 The proposed number, size and placement of Building Signage for Lot 1 appears to be consistent with typical City Code standards. A sign plan for building signage was not provided for Lot 2. Building signage for the medical office building should be subject to typical City Code standards. Lighting — Site Lighting is proposed with LED fixtures that are downcast. Site lighting uses a combination of both pole mounted and building mounted lights. The pole mounted fixtures are proposed to be at a 28' height, which is typical for commercial areas. The proposed photometrics appear to be acceptable, with levels of illumination not less than 0.5 fc within parking areas, and not more than 1.0 fc at the property lines. The applicant should provide a revised Site Lighting Plan that includes additional photometric data such as minimum, maximum and average footcandle levels within the parking areas on each lot, as well as the average to minimum ratio, which should not exceed 4.0 fc. The revised Plan should be provided at the time of Final Planned Development. Grading/ Topography — The preliminary grading plan is acceptable. A grading permit has been issued for the Quarry Road (1St) Addition, which included the removal of all trees on this site, and grading to accommodate future development. Minor grading modifications are proposed with the Second Addition. The entire site will drain to the stormwater pond that is under construction on Lots 1 and 2, Block 1, Quarry Road Addition. The proposed elevations range from approximately 856 to 869. Storm Drainage — The preliminary storm drainage plan is acceptable. The entire site lies within Drainage District C (as designated in the City Storm Water Management Plan — 1990). Storm water runoff from this site will drain via a public storm sewer system to the public system that is being constructed with the Quarry Road Addition. The storm water from this site will flow to the pond being constructed with the 1st addition to the north. Overflow from that pond will glow to the storm sewer system under Yankee Doodle Road, which drains to City Pond CP -1A located on the south side of Yankee Doodle Road, and ultimately drains to the Minnesota River. Wetlands — Because there are no wetlands on site, City Code §11.67, wetland protection and management regulations, does not apply. Stormwater Management/ Water Quality — Stormwater runoff from this site will drain via a public storm sewer system and into a public pond that is being constructed with the 1st addition to the north that was sized to provide rate control and water quality treatment for the majority of the Quarry Road Mixed -Use Project Development. The applicant proposes to provide soil loosening and amendment, to restore soil permeability, of all soil areas to be planted/seeded/landscaped, in compliance with the overall Quarry Road Mixed -Use Project Development stormwater management plan and City approval conditions. 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 Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 10 content and pH, and compaction testing results) should be provided to City Water Resources staff to verify compliance with approved soil management strategy. City Water Resources staff should 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.). Telecommunications — In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever possible. The applicant should submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant should provide such a plan for review and approval by City staff. This development should include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the earlier of Final Subdivision or Building Permit. Sanitary Sewer/Water Main — The preliminary utility plan is acceptable, with modifications. Lateral water main and sanitary sewer of sufficient size and capacity is being constructed along the west and north sides of the site for connection and extension with development of the property. All utilities (water main, sanitary sewer, and storm sewer) on this site will be privately owned and maintained. Sanitary sewer District N, as designated in the City's Comprehensive Sanitary Sewer Plan, serves the entire site. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Gate valves will be required on each water service before they enter the building, and all hydrants will need to be accessible (the hydrant on the east side of the site is shown on top of an 8 foot high retaining wall, so it will need to be located elsewhere). Streets/Access/Transportation — Access for this site will be to Quarry Road and the private street that is a "right -in" off of Yankee Road. Both roads are currently under construction with the Quarry Road Addition. The parking lots in this subdivision will be shared between Lots 1 and 2. The applicant should provide private maintenance agreements and cross -easements for ingress/egress in a form acceptable to the City Attorney, at time of final subdivision approval. Pedestrian access and circulation is proposed to be provided through internal sidewalk connections in the parking lot of Lot 2 to the trail along Quarry Road. No pedestrian connection to the surrounding trail system is proposed in Lot 1. A sidewalk connection should be provided from Lot 1 to the trail along the west property line. Easements/ Right -of -Way — All required right-of-way along Quarry Road and Yankee Doodle Road was provided with the Quarry Road Addition. The Dakota County Plat Commission will review the proposed plat to determine if any additional right-of-way is necessary. Drainage and Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 11 utility easements were previously provided for this property. The proposed subdivision accommodates additional easement needs along the lot line dividing the two proposed lots. The grading plan shows construction of a retaining wall along the east property line. A portion of the wall is shown to be slightly in a drainage and utility easement. A small plaza with a seating area is also proposed in the northwest corner of the site in an easement. The applicant should enter into an encroachment agreement for any encroachment of a retaining wall and plaza into a drainage and utility easement, in a form acceptable to the City Attorney. Financial Obligation — At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff, all trunk and lateral utility financial obligations have been previously collected for this property. Parks and Recreation — This development is subject to a cash park dedication payable at the time of Building Permit at the rates then in effect. The 2017 rate for commercial park dedication rate is $939 per 1,000 s.f. of building area. Trail dedication is satisfied with the construction of public trails with the Quarry Road Addition development. SUMMARY/CONCLUSION The applicant is proposing a Preliminary Subdivision and Planned Development Amendment to subdivide the property and modify the Site Plan to construct two buildings. The proposed amendment shifts the location of the southerly building to the west side of the site, and adds a medical office building on the north end. The proposed amendment also eliminates drive- through service that was part of the Preliminary Planned Development, retains a shared pylon sign in the southeast corner of the property, and satisfies typical City Code parking requirements. The proposed grocery and medical office uses are consistent with the general retail designation of the property per the Preliminary Planned Development. As proposed, the amended Site Plan does not meet the policy objective of strategically placed buildings toward the street with parking behind; the amended building placement opens up more than half the southerly frontage along Yankee Doodle Road to parking. Acceptability of the proposed Site Plan is a policy matter for City Officials to consider. In addition, the proposed building design and materials fall short of City Code standards, and do not appear to meet the policy objectives of providing a high quality design that creates a cohesive identity for the Central Commons Area, creating identity through design character with building placement, streetscape and gateway signage, and providing a cohesive look within the development while also providing variety and visual interest. The conditions of approval require revisions to the building materials and architectural design to better satisfy the City's policy obj ectives. Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 12 With a few exceptions, City Code performance standards are otherwise satisfied. Parking stall sizes and counts satisfy typical City Code standards. A deviation is proposed for a shared pylon sign, and some modifications to the Landscape and Tree Mitigation Plan are called out in the conditions of approval. Easements for ingress/egress and for encroachment of retaining walls into drainage and utility easements will need to be provided. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Quarry Road 2nd Addition) to create two lots upon approximately 4.2 acres located north of Yankee Doodle Road and west of Central Parkway, currently legally described as Lot 2, Block 2, Quarry Road Addition. If approved, the following conditions shall apply: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, B2, B3, B4, Cl, C2, C3, C4, D1, El, F1, G1, H1, I1 2. The property shall be platted. 3. A revised Landscape and Mitigation Plan shall be provided at the earlier of Final Planned Development or Final Subdivision that redesignates the trees along the north side of Lot 2 as landscaping rather than mitigation, and adds trees elsewhere on the site to fulfill the mitigation requirements. 4. Additional plant materials shall be added in the area south of the building on Lot 1 building to occupy that space and frame the building, including foundation plants, ornamental or shade trees, and shrub or perennial plant beds. These shall be shown on a revised Landscape and Mitigation Plan to be provided at the time of Final Planned Development. 5. The applicant shall provide revised Building Elevations for the medical office building on Lot 2 at the time of Final Planned Development that demonstrate compliance with the materials standards in the City Code, increasing the amount of Class I materials and reducing the amount of Class II and III materials, as well as extending design elements to the east elevation similar to the treatment on the north and south elevations. 6. The proposed rooftop mechanical screens on the medical office building on Lot 2 shall be visually integrated in terms of materials, color, shape and size. Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 13 7. The applicant shall provide revised Building Elevations at the time of Final Planned Development for the grocery building on Lot 1 demonstrating compliance with the following design standards for incorporation in the Final Planned Development Agreement: • 30" parapet all around the building. • Visually integrate design of physical screens for rooftop mechanical equipment with the building in terms of materials, color, shape and size. • Substitute glass in place of metal panels in upper sections of building at main entrance • Add solid wing wall to screen loading area, with design and materials integrated with the principal building • Provide greater variation along expanses of wall to achieve City Code design standard of providing "multiple planes or sections of coordinating materials to add visual interest along expanses of wall." 8. All trash storage shall be contained within the principal building, or for Lot 1, within the fully screened loading/service area. 9. The applicant shall provide a revised Site Lighting Plan at the time of Final Planned Development that includes additional photometric data such as minimum, maximum and average footcandle levels within the parking areas on each lot, as well as the average to minimum ratio, which should not exceed 4.0 fc. 10. A cross -easement for the shared free-standing sign shall be provided at the time of Final Subdivision and prior to issuance of a Sign Permit for construction of the sign. 11. Building signage for the medical office building shall be subject to typical City Code standards. 12. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The plan for the installation of fiber optic cable, or a conduit for future installation, shall be provided at the earlier of Final Subdivision or Building Permit. 13. 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.). 14. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Gate valves shall be required on each water service before they enter the building, and all hydrants shall be accessible. Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 14 15. The applicant shall provide private maintenance agreements and cross -easements for ingress/egress, in a form acceptable to the City Attorney, at time of Final Subdivision approval. 16. A sidewalk connection shall be provided from Lot 1 to the trail along the west property line. 17. The applicant shall enter into an encroachment agreement for any encroachment of a retaining wall and plaza into a drainage and utility easement, in a form acceptable to the City Attorney. To recommend approval of a Planned Development Amendment to modify the Site Plan and allow two buildings upon property located north of Yankee Doodle Road and west of Central Parkway, legally described as Lot 2, Block 2, Quarry Road Addition. If approved the following conditions shall apply: 1. A Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The Planned Development Amendment Agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan e. Signage Plan 2. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits, revised per the conditions of approval for the Planned Development Amendment: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Tree Mitigation Plan e. Final Signage Plan 3. The property shall be platted prior to issuance of a Building Permit. 4. A revised Landscape and Mitigation Plan shall be provided at the earlier of Final Planned Development or Final Subdivision that redesignates the trees along the north side of Lot 2 as landscaping rather than mitigation, and adds trees elsewhere on the site to fulfill the mitigation requirements. Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 15 5. Additional plant materials shall be added in the area south of the building on Lot 1 building to occupy that space and frame the building, including foundation plants, ornamental or shade trees, and shrub or perennial plant beds. These shall be shown on a revised Landscape and Mitigation Plan to be provided at the time of Final Planned Development. 6. The applicant shall provide revised Building Elevations for the medical office building on Lot 2 at the time of Final Planned Development that demonstrate compliance with the materials standards in the City Code, increasing the amount of Class I materials and reducing the amount of Class II and III materials, as well as extending design elements to the east elevation similar to the treatment on the north and south elevations. 7. The proposed rooftop mechanical screens on the medical office building on Lot 2 shall be visually integrated in terms of materials, color, shape and size. 8. The applicant shall provide revised Building Elevations at the time of Final Planned Development for the grocery building on Lot 1 demonstrating compliance with the following design standards for incorporation in the Final Planned Development Agreement: • 30" parapet all around the building. • Visually integrate design of physical screens for rooftop mechanical equipment with the building in terms of materials, color, shape and size. • Substitute glass in place of metal panels in upper sections of building at main entrance • Add solid wing wall to screen loading area, with design and materials integrated with the principal building • Provide greater variation along expanses of wall to achieve City Code design standard of providing "multiple planes or sections of coordinating materials to add visual interest along expanses of wall." 9. All trash storage shall be contained within the principal building, or for Lot 1, within the fully screened loading/service area. 10. The applicant shall provide a revised Site Lighting Plan at the time of Final Planned Development that includes additional photometric data such as minimum, maximum and average footcandle levels within the parking areas on each lot, as well as the average to minimum ratio, which should not exceed 4.0 fc. 11. A cross -easement for the shared free-standing sign shall be provided at the time of Final Subdivision and prior to issuance of a Sign Permit for construction of the sign. 12. Building signage for the medical office building shall be subject to typical City Code standards. 13. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The plan for the installation of fiber optic cable, or a conduit for future installation, shall be provided at the earlier of Final Subdivision or Building Permit. Planning Report — Quarry Road 2nd Addition June 27, 2017 Page 16 14. 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.). 15. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Gate valves shall be required on each water service before they enter the building, and all hydrants shall be accessible. 16. The applicant shall provide private maintenance agreements and cross -easements for ingress/egress, in a form acceptable to the City Attorney, at time of Final Subdivision approval. 17. A sidewalk connection shall be provided from Lot 1 to the trail along the west property line. 18. The applicant shall enter into an encroachment agreement for any encroachment of a retaining wall and plaza into a drainage and utility easement, in a form acceptable to the City Attorney. STANDARD CONDITIONS OF PLAT APPROVAL A. 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. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights-of-way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a permanent cul-de-sac, or temporary cul-de-sac to be removed upon further extension (on stub streets), constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights-of-way as required by the alignment of the cul-de-sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 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 Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as allowed under the City's tree preservation ordinance and as approved by the City Council. H. Stormwater Management and Water 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, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. I. Wetlands Protection and Management 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. J. Airport Noise Attenuation 1, This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and/or Buffer Zone. K. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. L. Mailboxes 1. The construction and location of all mailbox supports shall be in accordance with the United States Postal Service policies and regulations for centralized delivery, and the locations shall be approved by the City Engineer and be identified in the final constructions plans for the development. Advisory Planning Commission City Council Approved: _August 25, 1987 September 15,1987 Revised: July 10, 1990 Revised: February 2, 1993 Revised: July 7, 2009 Revised: July 1, 2014 Fort 'AM oz— -SnellingL' State) ark . - ,,111``,', g —� —P— Pilot I 41,111. City of Ea all c n d 5— Knob -,,,,, WAN= • Park ,rr le s -RSG - .,, WROA A - . m� ®EH „u Location Map ®®®® ® 1111 ■.■ EI/E13 Moonshine Park FOUR OAKS RD ' G�� /GG G ,o 2.� P` �� IP* Project Name: Quarry Road 2nd Addn. Request: Preliminary Subdivision Planned Development Amendment ..:��414,' Case Nos.: 09-PA-09-05-17 & 09-PS-05-05-17 .D,l 410 a ,�� c ®® ®® GGGG U Central WIL w • �' 1 f ® Int ® `Alli p- ,-/ J� O Gn PCPark c z • I .— ■•-_g== jP :0IectMi� 8 • ==-m all= Quarry Park d _ �� 1=MNM= M Y _- MOM �. e UARRV RD \.IIPA ORWF T - ea .• . mumucil. 0 ril • __ Lone Oak R. _I. manilla:can C .•,\1 MI Vankee Oootlle.Rtl �.�� ; �� e, •CDUNTY R[AD NO. 28 (YANKEE DOODLE ROAD) r'' Alba IIIL �A 1%® t ST STI . HUNinRK, ///��^```'''��` _� ! �r illilOifFley i r { ■ m W Rtl ■ T�tq - ••,'110 0 LL ! , ■i A Ia '_.'� :A °°j II" �� .• CIiR Rtl rr .a °rY]IV = °°..�� i ❑ I - ..— MIN rrA —.L •� �' �m n 1331 2 a Art MI MI MI II � — l �•� Park L� Legend 1 ir I I Parcels •0. �``2llin _ _ ,mil =. �k ..IP ... 111111.1E. ad FM �l I I DUCK Buildings '. ._ . � =, - Eagan Boundary Sky.,,,,,,,T„,.. •-_,`ASHBURY�,•�—,41111.1r ', ��III OLET LANE 1.°L. - -' L.._.! //..\ Park ����,, Parks N ANE -• 4 I I I IFeet kip AIM .y�W � I ' �� CRESTRIDGELAN� 0 500 1,000 2,000 _ r Project Name: Quarry Road 2nd Addition Request: Planned Development Amendment; Preliminary Subdivision Case No.: 09 -PA -09-05-17; 09 -PS -05-05-17 This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo -Spring 2016 200 100 0 Feet 02017 Westwood Professional Services, Inc H Raw 4.601"E 169.03 a i O 2 \ A / A fI / /1/ C- C- / /-I / V / \ L_ L_ r1nnnl I -- L.. L_ Drainage and Utinty Easement QUARRY ROAD ADDITION 2ND ADDITION 1-)F-)7-11--r-,:1-)F-)7-11--r-,:7,1-)F-)7-11--r-,:7,1:71/-111\In l1111 fl/ /0 I I \L/I L 1 Vol V/ -IL. L.V/L_U// V\2 Ea ent n I / A , o /-> \/ U /I 1\ 1 1 I DraMage and Utility Easement 0 LOT 2 a o ori, a„4 Uta17 fgrp,n 7 _/7 g MOO N00°00'011W 48Z59 I-- 7 70.00 7 7872 10.00 L 1_ _L I�D $a e r8 ml FLOCK 2 DraMage ante ED fee LOT 1 D /l A n 1 U // U 3 T`E` BLOCK 1 IMOD 1 F -- one May Esem •6 Ora and Welty Easement L S89°4434'E 384.53 4=16°37'57' R=69.67 20.22 N00°1526 E 320.39 LOT 7 A rl n 7- l f'1 2/ i I L/ L." l l lJ / V YANKEE DOODLE RD. Call 48 Hours before 3gging' 811 or coIIBll.com Common Ground rllmnee PROPERTY DESCRIPTION OF RECORD Lot 2, Block 2, QUARRY ROAD ADDITION, 000077/67 to the recorded plot thereof, Dakota County, Minnesota, Proposed Lot Areas Lot 1, Block 1 - 108.362 sq. R. or 2487 acres Lot 2, Block 1 = 73,996 sq. ft. ar 1.699 acres Boundary Area = 182358 sa f1. or 4 186 acres LEGEND p BUSH/SHRUB ® srokr, MANHOLE • CONIFEROUS IFR 0 TELEPHONE Box • OE800000 TREE ® TELEPHONE MANHOLE M. 07LAN0 ® 70>0070 CoNm,OL Box O BTEEIANDO9 POST aHAND HOLE SIGN-TRAFFIC/OTHER v ,RAEEIO LICHT �.- SIGN-TRAFFIC/OTHER Da MITE VALVE I. MAIL BOX 8 HYDRANT In HANDICAPPED STALL q MATER MEIER o PERI TEST OO CURB STOP Box ® MONITORING WELL ® WATER MIN701E ® CABLE Box 70 BAs MADER STREET LITE m. GUY IMRE rOt POWER POLE E 68777/0 Dox 07 ELECTRIC METER O ELECTRIC MANHOLE O ELECTRIC rows', o SANITARY MANHOLE • sews CLEANOUT B BEEHIVE CATCH BASIN ® CATCH BASIN al ;TARED ENO SECTION o CULVERT 0 WEU — NT— CABLE TV — CM— CAS LINE —Rest— POWER OVERHEAD —ma— MIER UNDERGROUND — sot— SANITARY SEWER — MO— STORM SEWER — nst— TELEPHONE OVERHEAD — MT— IEEE -PHONE (MERMEN(' — mt.— PITMAN —Yam— EIDER OMIC LINE — A— Acc'Ess ov7Rot — 6— FENCE LINE = CURD A GUTTER GUARD RML O Denotes 67x14" Iron Pipe marked with Plastic Cap inscribed with Lk. Na 33021, unless otherwise noted. • Denotes found % "x14" Iron Pipe marked with Plastic Cop inscribed with LIC, Na. 23021, unless otherwise noted. IWestwood ,.. Cray W. Main 29017 - 08-17-17 sermons Welsset United Properties Minneapolis, MN Quarry Road 2nd Addition Dagen, MN 30' 60' 90' B 05-17-17 ySheet2 Ss or 110.9 1 Preliminary Plat 200' 300' o3eEOF s 11 02017 Westwood Professional Services, Inc. I � yy,, anl0/07 dm No. Ease* for T4g4P, 0 RQ -494 an - 44'3 COUNTY R D 28 YANK E DOODLE RD, j $,I N N PROPERTY DESCRIPTION OF RECORD Lot 2, Block 2, QUARRY ROAD ADDITION, according to the recorded plot thereof, Dakota County, Minnesota. Call 48 Hours before digging: 811 or cc11811.com Common Ground Alliance LEGEND O 8040i40808 0 07„„,,,,„,„„„, • CONIFEROUS l000 o 1EIEP0010 070 • 00000704 TREE 0 TELEPHONE MANHOLE 4E BE ® TRAFFIC canon/ 00 o STEEL/WOOD POS/ a 04,0 40,0 020-1020120/50700 ¢ TRAFi1C 2/411 40N-TRAFE1/O,HEe as DATE VAL VF o MNL BOX 0 HYDRANT t, HANDICAPPED STALL g WATER 0E1E0 • PERO TEST o 0010 0141, 00x 8 00NIro0I00 WELL 0 WATER MANHOLE In 400 .- In CABLE 10 Box O 0722 • GAS METER TV ▪ 0000/ 10 —VG— DAs LINE GUY AIRE POWER 011BHEAD o ▪ ELECTRIC sox —=N� SANUNDERGROUND ND SANITARY SEWER ® ELECTRIC METER —544— STORM SEND? O 0110000 MANHOLE —, TELEPHONE OYERHE40 ® ELECTRIC TONER — TELEPHONE UNDERGROUND ® SANITARY MANHOLE —..r— WATER.MAIN O 00401 C[EANO0r —r— FENCE LINE • 0004440 CATCH BASIN SBA.,- 00400004 TREE LINE O CATCH BASIN yw"vY p CONIFEROUS TREE LINE • FLARED END SECTION V YY CURB & GUTTER CONCRETE SURFACE BITUMINOUS SURFACE 0 Denotes Set Bon Monument • VIC/NITY MAP 1 070' Dete 05-17-17 IWestwood NsrT h r: v7,7;- a a.y lv. Mete a, 05/17/17 �„ry. 73021 Peelnora nelsingt Oeebk United Properties Minneapolis, MN Quarry Road 2nd Addition Eagan, Mal Existing Conditions 02017 Westwood Professional Services, Inc. Site Legend FXISTING PROPOSED — — — PROPERTY UNE LOT LINE SETBACK LINE EASEMENT LINE ROW LINE 01.1130 AND GUTTER w RETAINING WALL —sx— FENCE QT TRANSFORMER �'t ilE SIT0 LIGHTING TRAFFIC SIGN do. x POWER POLE O o BOLLARD / POST Site Development Summary Call 48 Hours be re digging: 811 or co11811.com Common Ground Alliance • EXISTING ZONING: PO PLANNED DEVELOPMENT • PROPOSED ZONING: PD: PLANNED DEVELOPMENT • BUILDING SETBACK PER CODE: QUARRY ROAD = 40' SIDE = 10' YANKEE DOODLE ROAD = SO' • PARKING SETBACK: FRONT AND ROW = 20' SIDE AND REAR= 5' • PARKING SPACE/DRIVE AISLE 10 WIDE X 10' LONG, 24' AISLE Site Data Chart LEGAL DESCRIPTION PROPOSED USE LOT AREA (ACRE) PERVIOUS RATIO BLDG FOOTPRINT (SF) EXTERIOR PARKING BLK 1, LOT 1 GROCERY 2.49 AC. 23.2% 22,289 96 ELK 1, LOT 2 OFFICE 1.69 AC. 21.0% 12,000 79 30' 60' 90' Pe.R D ote 05-17-17 sheen e4 Soe11 IWestwood ew R.. 05.17_v ur R. 78919 Pelmet Oeebk United Properties 3603 American Blvd. W., Suite 750 Minneapolis, MN Quarry Road 2nd Addition Eagan, MN Civil Site Plan 02017 Westwood Professional Services, Inc. SOD law afiLa". X OFFICE 12.400 SR 7, PARKING L 2.47 ACRES ORNAMENTAL FENCE • 3 RO• -tow C.4 W41'4 maw 1 DB op0000 GROCERY 4 SOO SNS. 060* 4 NS. OO OE 0 cc cp 0 0 Coll 40 Hours before digging: 811 or 0011811.00m Common Ground Alliance Plant Schedule OVERSTORY TREE I21 Total) LiTY 10 COMMON NAME BOTANICAL NAME SIZE tat ateratutiON SPACING NOTE 6 • Fall Fiesta Maple Acer saccharum Ball.' nef,TX.Z4T"' 3 000Red Oak dwercuc rubee b HA Heckherry Celts occidental. 2 SII CAL BAB AS SHOWN , WO Swamp White Oak Ouercus Dealer ORNAMENTAL TREE (9 TOTAL) 3 we Whites)). MO) Betide populifolia 'Whitespire' Zjt,., B. 3 . Japanese Tree Lilac SYringa retirMaf• 9 Tall, ,.,:m., ASSH WN EVERGREEN 7600 (16 TOTAL) to NS. Norway Pine Pines resin°. IS' TALL B. AS SHOWN nOATIOFNJ,a,=aLLED c es. Black Hills Spruce Picea glauca densata DECIDUOUS/EVERGREEN SHRUBS, PERENNIALS & GRASSES (547 TOTAL) Coo Compact Dogwood FAT'Ll=rnpaa, as CONT. AS SHOWN - 000 Owarf Bush Honeyercke Diervile lonicera li. Regent Servicelse. Arbelanchier alnifalia 'Regent' ANH Annabelle Hydrangea )1,0157.r00r0.011 co, Cnnleerwbush Vlbumum Viburnum trgoborn 'Lampe.' am 10Int Julep Juniper Juniper. chlnenals 'Nlonlep. . CONT. AS SHOWN she Yew Tax. medii 'Taunton' - See Stella de Oro [WIN Hernerocallis 'Stella de Oro' WS goloold Gayfeather Detre solcatalColeold' MISS May Night Salvia Salvia a muerte Mgalnachg Pos Pragie Dropseed SpOr01301115haeroleorls . Karl Foerster Grass Calarnagrosts x acuteora 'Karl foersteri WI lle,al Standar.osta POSTA 'Royal Standard' _ pu Pemie Coneflower Echinacea purpurea 'Magna' NOTE. THE ABOVE LANDSCAPE TOTALS ARE GIVEN AS A CONVENIENCE TO THE LANDSCAPE CONTRACTOR THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR VERIFYING COUNTS WI, PLANTING PLAN Tree Legend Groundcover Schedule LANDSCAPE TRF. CANOPY TREE EVERGREEN TREE 0 UNDERSTORY TREE MITIGATION TREES (BY OTHERS) CANOPY TREE EVERGREEN TREE EXISTING SAVED TREE Pla PLANTINP22$1122. INSTP.110e lirvaleillne520,240.0,22.111COMPI.2.0 PM. SUBSTAXIM SONIPLETION ENNEEPETIgt7E.E.EizzegEFTE' Jassaliazamiai-TmEFFT, l?Ill===traeScen LE4220 It D12.21ANC22222I2,112 5,2021USIOX52.2112C2Dela ggigtgiL IMPAIR ALL ClaeleeteePPOPHOV2P022PLONFINGClatleal0225 Pi NO COSTTO OWNER 23. WIlika A21.22.10011.20M.01P225. 2•522,1202 AND E10220K RE5/10V2 WIPIP12.117.2Peir MASS etlileWeet PANT Walla Warn 2a222 salteett 1elljla=tt=112=t21211P4 SOIL 4122 Of 51126...0.0fita 6922.P.R.W.03,00132212101e1ER in1211,12125, --1====.24rato4======-7 'Ea'i;i':'EFEEFEEE'FEZEEFEEFZEFr7'E- IMI-r:ATT4grg=g=",i,T=ZgrA'r=r,LT"'""'w"T"' . eallielSONIPAR2022011.2,221121,,2222112M0 2110111812.14511211C210X112122K„ala PPIAS12121„022.2. giglAijaiggiESEEMFIEaaniaDEFA/171I :a[1:liaL,FE.FLIIEEIEFF:Y=2.'=PirOli72=OF-tr2=11=LZE'.=1=11[70'at a2, 3:2:2,1100.spy Mem mt.., apeo,2.22tat „Epee „w„2,2,22, PLP„rele Nea glitgligft 2 0 M 0 2 e t 0 C X 0 „ n 2, 3. 2.8 masc.. rowaa swro. sr corwosiErtroo...swww. mon., FiiEFEEERIEEEEEEr=arL"'==4;7':' WPWrElariuma warp Lc/max ar Sod Hyland SaIt Tolerant Sod Hardwood Mulch Tree Mitigation Requirements MEE REPLACEMENT nroulaPAENTS TOTAL SIGNIFICANTTPEES 021StrE, 2024 SIGNIFICANT Iliet5 SAVED: 202411.1.2221 WES REMOVED: 22721.ES ;r0°,1tTg==.r,r MON Grass TREE REMOVAL PAW: 37.S. 202411EPLACEMENT TREES SWARM 16721122S BASED UPON TREE tallterVa021CHAPTOPT011 latt CHAR, -42200l01 DECIOLOLIS MIN.. CALIal. -CATEGORY CONIFEROUS ellel..12.111. 326121EES X 27,92 .122 TREES REQUIRE 2.2111GPTION p ` REP w -ENT ip FES p o, -OSSIZSTOPY2SEES. Se TREES eatriellEENS TREES .SEE re22 INVENTORY 2021 CALCULATIONS. • SEE 2,2110SCOPE RAN FOR 2ANDSCAPE PUNTINGS. IWestwood Wakes =or tkmai teet.2 undo He lens ea Kevin Tappan 05-17-17 269116 Pelmet Ogebk Prepared fon United Properties 3603 American Blvd. W., Suite 750 Minneapolis, MN Quarry Road 2nd Addition Eagan, MN 30' 0008S50P21,01 Eln 0. 05-17-17 53000 7 oe 11 Tree Mitigation and Landscape Plan WI' STOW PANELS WEST ELEVATION t1 CJ -I I - SOUTH ELEVATION EAST ELEVATION i H NORTH ELEVATION MONUMENT SIGN EXTERIOR ELEVATIONS EAGAN, MN May 16, 2017 QUARRY ROAD MEDICAL OFFICE BUILDING 1 III II M HAGE ^ HASE ALDI - EAGAN, MN EXTERIOR ELEVATION Please note that the colors shown here area graphical representation to show contrast in materials only. Due to the nature of electronic media, colors may vary depending on computer or printer used. For review of actual colors, a material sample board should be created on a project specific basis. a..owERa Raa�E. o$ a.. ooERanRaaER=. o� O South Elevation [OOONOOIIIIIOIOOOIVOOIOOVIOOd lllllllllllllllllllllllllllllll1 B.O. PANEL 19�d®I��EbdlillEllllllllllllllllll lllllllllllilllllllllllllllllllHIIIIIIIINIIIoI'I' ONorth Elevation '� ; °awER a�.R�aaER sne awEROUTROGER J _o wAu snot B.O. PAWS $Lo.W ro.F.F. IIIIIII1111111111111VIIIIIII111 East Elevation ii® -_ ®® J _ _.111 APD ENGINEERING & ARCHITECTURE, PLLC 615 Fishers Run Victor, NY 14564 585.742.2222 585.924.4914.fax www.apd.com West Elevation F aaoo aaI _ Inc. 4201 Bagley Avenue North Faribault, MN 55021 YJJ 33160 15 J >9439/51ax 02017 Westwood Professional Services, Inc. li— t%) co 0 F 9 a n: GROCER Y 22,289 SF 96 PARKING Call 48 Hours before digging. 811 or ca11811.com Common Ground Alliance " eged M ',Z7inncwev en'"«, amxanodgeem pmrpeaupymuip unlleneP EinexomumL'1,17 a -sperm '" LIGHT FIXTURE SCHEDULE TYPE STYLE INAUFACTIMEMNIODEL HUMBER POLE CREMOPMMLOMMOMELOOM OPEELIMPLOMMIMILMEOPMEL LAMM tel MIME ROOP SEE ErrEMPEMMEDEPEL MP rem LIGHT POLE nae 05-17-17 _ n. r Prepored for. United Properties Minneapolis, MN 4 GALVANIZED STEEL ANCHOR BOLTS r CHAMFER /4"e CONDUIT W/44 TIES @VERTICAL Z O.C. BP CONCRETE PIER FOOTING EDLIGHT POLE DETAIL N.T.S. FOOTCANDLE LEGEND 260 MIMMIDLE LINE Quarry Road 2nd Addition E.g00. MN edog 05-17-17 sheet 10 OP 11 Lighting Plan 02017 Westwood Professional Services, Inc %SP Series XSPWAO3 "L21" LIGHT STYLE a.dn.u.e..n.1si w.4.1.1lkv.er.n•.w..rL.d0.ralanHn.. CAT 00. E 015TM JTtOM WASTAGE / LUMENS FINISH ANWT/00180104t vv.+nci r¢ATuaes CREEdk "L23" LIGHT STYLE OSQSeries ir 74 =22- 1 LSIi4,1111 15a CREED "L31" & "L32" & "L33" & "L34" LIGHT STYLE Call 4e Hours before digging. 811 or coIIBll.com Common Ground elf.inc. 400 CL SSP .002860 MINIM IMESECIMM =I:=1:11= ,1164.•:i mixerra Tostl P. Car CREEflir "L31" & "L32" & "L33" & "L34" LIGHT POLE ors 0547-17 Ugeme United Properties Minneapolis, MN Quarry Road 2nd Addition En., MN 05-17-17 sham 11 on 11 Lighting Details 02017 Westwood Professional Services, Inc. GROCERY 22,289 5F 96 PARKING FF==867.00 Grading Data TOTAL LOT AREA = 4E8 ACRES TOTAL AREA GRADED = 4.18 ACRES TOTAL AREA UNGRADED - 000 ACRES Grading Notes Call 48 Hours be re digging: 811 or co11811.com Common Ground Alliance 1. LOCATIONS AND ELEVATIONS OF EXISTING TOPOGRAPHY AND UTILITIES AS SHOWN ON THIS PLAN ARE APPROXIMATE. CONTRACTOR SHALL FIELD VERIFY SITE CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIED IMMEDIATELY IF ANY DISCREPANCIES ARE FOUND. 2, CONTRACTORS SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF VESTIBULE, SLOPED PAVEMENT, EXIT PORCHES, RAMPS, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS. EXACT BUILDING UTILITY ENTRANCE LOCATIONS, AND EXACT LOCATIONS AND NUMBER OF DOWNSPOUTS. 3. ALL EXCAVATION SHALL BE IN ACCORDANCE WITH THE CURRENT EDITION OF "STANDARD SPECIFICATIONS FOR TRENCH EXCAVATION AND BACKFILL/SURFACE RESTORATION" AS PREPARED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA. 4. ALL DISTURBED UNPAVED AREAS ARE TO RECEIVE FOUR INCHES OF 7070010 AND SOD OR SEE, THESE AREAS SHALL BE WATERED 0000 A HEALTHY STAND OF GRASS IS OBTAINED. SEE LANDSCAPE PLAN FOR PLANTING AND TURF ESTABLISHMENT. 5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SONS, FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. PLACEMENT OF THESE DEVICES SHALL BE APPROVED BY THE ENGINEER PRIOR TO PLACEMENT. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MNDOT STANDARDS. 6. ALL SLOPES SHALL BE GRADED TO 3:1 OR FLATTER, UNLESS OTHERWISE INDICATED ON THIS SHEET. 7. CONTRACTOR SHALL UNIFORMLY GRADE AREAS WITHIN LIMITS OF GRADING AND PROVIDE A SMOOTH FINISHED SURFACE WITH UNIFORM SLOPES BETWEEN POINTS WHERE ELEVATIONS ARE SHOWN OR BETWEEN SUCH POINTS ANO EXISTIN0 GRADES. 8. SPOT ELEVATIONS SHOWN INDICATE FINISHED PAVEMENT ELEVATIONS N GUTTER FLOW LINE UNLESS OTHERWISE NOTED. PROPOSED CONTOURS ARE TO FINISHED SURFACE GRADE. 9, SEE SOILS REPORT FOR PAVEMENT THICKNESSES AND HOLD DOWNS. 10. CONTRACTOR SHALL DISPOSE OF ANY EXCESS SOIL MATERIAL THAT EXISTS AFTER THE SITE GRADING AND UTILITY CONSTRUCTION IS COMPLETED. THE CONTRACTOR SHALL DISPOSE OF ALL EXCESS SOIL MATERIAL IN A MANNER ACCEPTABLE TO THE OWNER AND THE REGULATING AGENCIES. 11. CONTRACTOR SHALL PROVIDED A STRUCTURAL RETAINING WALL DESIGN CERTIFIED BY A LICENSED PROFESSIONAL ENGINEER. 12. ALL CONSTRUCTION SHALL CONFORM TO LOCAL, STATE AND FEDERAL RULES INCLUDING THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS. 13. PRIOR TO PLACEMENT OF ANY STRUCTURE OR PAVEMENT, A PROOF ROLL AT MINIMUM WILL BE REQUIRED ON THE SUBGRADE. PROOF ROLLING SHALL BE ACCOMPLISHED BY MAKING MINIMUM OF 2 COMPLETE PASSES WITH FULLY -LOADED TANDEM -AXLE DUMP TRUCK, OR APPROVED EQUAL, IN EACH OF 2 PERPENDICULAR DIRECTIONS WHILE UNDER SUPERVISION AND DIRECTION OF THE INDEPENDENT TESTING LABORATORY. AREAS OF FAILURE SHALL BE EXCAVATED AND RECOMPACTED AS SPECIFIED HEREIN. 14. EMBANKMENT MATERIAL PLACED BENEATH BUILDINGS AND STREET OR PARKING AREAS SHALL BE COMPACTED IN ACCORDANCE WITH THE SPECIFIED DENSITY METHOD AS OUTLINED IN MNDOT 2105.3F1 AND THE REQUIREMENTS OF THE GEOTECHNICAL ENGINEER. 15. EMBANKMENT MATERIAL NOT PLACED IN THE BUILDING PAD, STREETS OR PARKING AREA, SHALL BE COMPACTED I'. ACCORDANCE WITH REQUIREMENTS OF THE ORDINARY COMPACTION METHOD AS OUTLINED IN MNDOT 2105.3E2. 16. ALL SOILS AND MATERIALS TESTING SHALL BE COMPLETED BY AN INDEPENDENT GEOTECHNICAL ENGINEER EXCAVATION 10H THE PURPOSE OF REMOVING UNSTABLE OR UNSUITABLE SOILS SHALL BE COMPLETED AS REQUIRED BY THE GEOTECHNICAL ENGINEER. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED SOILS TESTS AND INSPECTIONS WITH THE GEOTECHNICAL ENGINEER. 17. 12" DEPTH SOIL LOOSENING (E.G. SOIL RIPPING/DEEP SCARIFICATION) PRIOR TO INSTALLATION OF ANY IRRIGATIONS, PLANTINGS, SEED OR SOD, TO ENSURE THAT THE TOP 12` OF SOIL HAS BEEN LOOSENED TO 20OPS1/60% STANDARD PROCTOR OR LESS. 1, TOP 6" DEPTH OF TOPSOIL SHALL HAVE NO LESS THAN 58 SOIL ORGANIC CONTENT (TEST RESULTS SHALL BE PROVIDED TO THE CITY REPRESENTATIVE PRIOR TO APPLICATION OF TOPSOIL). IF TOPSOIL IS LESS THAN 59 SO.O.C.. AMEND W. MnDOT 3890 GRADE 2 COMPOST TO RAISE SOIL ORGANIC CONTENT TO 5% MIN/87( MAX (PROVIDE TEST RESULTS TO CITY), CONTACT CITY WATER RESOURCES SPECIALIST (AT 651-675-5335 OR 0THOMPSONOCITYOFEAGAN. 00M) TO PROVIDE TEST RESULTS AND ARRANGE INSPECTION OF SOIL MANAGEMENT STRATEGY IMPLEMENTATION, PRIOR TO INSTALLATION OF ANY IRRIGATION, PLANTINGS, SEED OR SOD. 19. SEE SHEET 8 AND 9 FOR EROSION CONTROL PLAN. 20. BUDDING HOLD DOWN IS 1.0 FT. SEE PAVEMENT AND ROAD PLANS FOR STREET AREA HOLD DOWNS. Grading Legend EXIS262 2a9PASEII PROPERTY UNE —380-- X980— INDEX CONTOUR X382— �98z� INTERVAL CONTOUR CURB AND GUTTER POND NORMAL WATER LEVEL SF SF SILT FENCE •0—✓• STORM SEWER ® FLARED END SECTION (WITH RIPRAP) WATER MAIN SANITARY SEWER RETAINING WALL WITH FENCE DMI ROCK CONSTRUCTION ENTRANCE l'!�/a EROSION CONTROL BLANKET sm wAr 0 SPOT ELEVATION TOP AND BOTTOM OF RETAINING WALL SOIL BORING LOCATION INLET PROTECTION 0' Dme 30' 60' 90' n 05-17-17 meet 5 oe 711 .g IWestwood r Rots 054747 — B. 18919 RnIsnet Ogebe United Properties 3600 American Blvd. W., Suite 750 Minneapolis, MN Quarry Road 2nd Addition Eagan, 1,1N Grading Plan 02017 Westwood Professional Services, Inc. OFFICE 12,000 SF 79 PARKING FFE=866.00 AN T AN SST STUB 102 IE=856.00 MH 101 RE- 64.88 I =8.5.0 ,b GROCERY 22,289 SF 96 PARKING FFE=867.00 v V O cc 6. 9, A MINIMUM VERTICAL SEPARATION OF 18 INCHES IS REQUIRED AT ALL WATER MAIN CROSSINGS WITH SANITARY SEWER OR STORM SEWER. ▪ 10. UTILITY SERVICES TYPICALLY TERMINATE 5 OUTSIDE BUILDING WALL UNLESS OTHERWISE SHOWN OR NOTED. 11. ALL MATERIALS SHALL COMPLY WITH THE REQUIREMENTS OF THE CITY. O12 ALL WATER LINES SHALL BE DUCTILE IRON WRAPPED IN POLYETHYLENE, CLA55 52 WITH 7 5' MINIMUM COVER. PROVIDE MINIMUM SEPARATION OF 18" F120,1SANITARY SEWER & STORM SEWER. INSULATE WATER MAIN IF LESS THAN 7.5' OF O OVER. O13. INSULATION SHALL BE DOW STYROFOAM HI BRAND 35 OR EQUIVALENT, WITH 4 INCHES OF THICKNESS. 14. SANITARY SEWER PIPE OUTSIDE THE BUILDING ENVELOPE SHALL BE POLYVINYL CHLORIDE (PVC) SDR 35 OR 2, SDR 26 IS REQUIRED FOR DEPTHS GREATER THAN 15 FEET. SANITARY SEWER PIPE WITHIN 5 FEET OF BUILDING AND UNDER /1\ FOOTINGS, PIPE SHALL BE PVC SCHEDULE 40, 1:1) 15. STORM SEWER PIPE SHALL BE REINFORCED CONCRETE PIPE (CLASS 5 FOR PIPE DIAMETERS 18" AND SMALLER. CLASS 3 FOR PIPE DIAMETERS 21" AND LARGER UNLESS OTHERWISE NOTED) WITH R-4 GASKETS. OR HOPE STORM SEWER PIPE IF ALLOWED BY THE CITY. HDPE STORM PIPE SHALL MEET REQUIREMENTS OF ASTM F2648. PIPE SHALL BE WATER TIGHT ACCORDING TO ASTM D3212 REQUIREMENTS. SEE PLAN FOR LOCATIONS WHERE RCP IS REQUIRED. PVC STORM SEWER PIPE SHALL BE SCHEDULE 40 PIPE. FLARED END SECTIONS SHALL BE RCP WITH TRASH GUARDS & RIP -RAP. /A 16. POST INDICATOR VALVES SHALL BE CLOW F-5750 (0R EQUIVALENT) MEETING ANNA STANDARD C509 AND CITY �/ STANDARDS VALVE TO BE MECHANICAL JOINT RESILIENT 40000 GATE VALVE. P0ST TO BE ADJUSTABLE FOR 8 FEET WATER MAIN DEPTH. .E ELECTRICAL ALARM SWITCH SHALL BE PART N0. PCV52 (OR EQUIVALENT). • 17. AFTER CONSTRUCTION IS COMPLETED, THE CONTRACTOR SHALL PROVIDE THE OWNER WITH AN AS -BUILT RECORD OF UTILITY CONSTRUCTION. THE AS -BUILT SHALL INCLUDE LOCATION AND LENGTH DEVIATIONS OR CHANGES TO THE PLAN. CONTRACTOR TO VERIFY WITH OWNER OR ENGINEER WHETHER A PLAN WITH POST -CONSTRUCTION ELEVATIONS IS REQUIRED. CBMH 101 STMH 105 STMH 103 CBMH 104 CBMH 110 B SAN STUB IE 855.17 ,L OPOGED 8" 1,'M G d General Utility Notes Call 40 Hours before 099 n9 811 or co11811.com Common Ground All once THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS ARE BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES AND LIMITED MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION SHALL NOT BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR SHALL VERIFY EXISTING CONDITIONS PRIOR TO CONSTRUCTION AND NOTIFY THE OWNER OR ENGINEER OF DISCREPANCIES. 2. ALL SANITARY SEWER, STORM SEWER AND WATER MAIN INSTALLATIONS SHALL BE PER MINNESOTA PLUMBING CODE AND IN ACCORDANCE WITH THE CURRENT EDITION OF "STANDARD SPECIFICATIONS FOR WATER MAN AND SERVICE LINE INSTALLATION AND SANITARY SEWER AND STORM SEWER INSTALLATION" AS PREPARED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA. 3. PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL OBTAIN THE NECESSARY FEDERAL, STATE AND LOCAL PERMITS FOR THE PROPOSED WORK OR VERIFY WITH THE OWNER OR ENGINEER THAT PERMITS HAVE BEEN OBTAINED. PERMIT FEES SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR UNLESS OTHERWISE ARRANGED WITH THE OWNER. 4. CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATION AND DIMENSIONS OF DOORWAYS, RAMPS, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY CONNECTION LOCATIONS. 5. ALL PRIVATE UTILITIES SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE SPECIFICATIONS OF THE APPROPRIATE UTILITY COMPANY, THE CONTRACTOR SHALL COORDINATE THE SERVICE LINE CONSTRUCTION WITH THE UTILITY COMPANIES. 6. CONTRACTOR SHALL OBTAIN ALL NECESSARY CITY PERMITS FOR UTILITY CONNECTIONS, AND UTILITIES SHALL BE INSPECTED AND APPROVED BY THE CITY. THE CITY SHALL BE NOTIFIED 48 -HOURS PRIOR TO COMMENCING WITH THE UTILITY CONSTRUCTION OR ANY REQUIRED TESTING. CONTRACTOR SHALL NOT OPERATE, INTERFERE WITH, CONNECT ANY PIPE OR HOSE T0, 400660CR WATER MAN BELONGING TO THE CITY UNLESS DULY AUTHORIZED TO 00 50 BY THE CITY. ANY ADVERSE CONSEQUENCES OF SCHEDULED OR UNSCHEDULED DISRUPTIONS OF SERVICE TO THE PUBLIC ARE TO BE THE RESPONSIBILITY OF THE CONTRACTOR, WATER MAIN LENGTHS AS SHOWN ARE APPROXIMATE HORIZONTAL LENGTHS. ALLOW FOR ADDITIONAL PIPE WHEN INSTALLING ON SLOPES OR WHEN DEFLECTIONS ARE REQUIRED. THE JOINT DEFLECTIONS SHALL NOT EXCEED THE MAXIMUM RECOMMENDED BY THE PIPE MANUFACTURER OR BY LOCAL GOVERNING SPECIFICATIONS. FITTINGS REQUIRED TO CONSTRUCT WATER MAIN SHALL BE INCLUDED IN WATER MAIN CONSTRUCTION. PROVIDE WATER MAIN THRUST RESTRAINTS PER CITY STANDARD REQUIREMENTS. Utility Legend EXISTING PROPOSED — — — — — — PROPERTY LINE EASEMENT LINE CURB AND GUTTER - sv6-0 —1,—• SANITARY SEWER ru N SANITARY SEWER FORCE MAIN STORM SEWER enr I WATER MAIN - wnr�� I -0t HYDRANT GAS vc ac UNDERGROUND ELECTRIC vrw car OVERHEAD ELECTRIC rvc UNDERGROUND TELEPHONE rd." aw OVERHEAD TELEPHONE r rae TELEPHONE FIBER OPTIC r^' CABLE TELEVISION DRAIN TILE GATE VALVE ® FLARED END SECTION (WITH RIPRAP) +. * LIGHT POLE ® VERTICAL UTILITY SEPARATION IWestwood rPudellWics 0547-v RtelMet Ogebt United Properties 3600 American Blvd. W., Suite 750 Minneapolis, MN Quarry Road 2nd Addition Eagan, 6134 0' 30' 60' 90 d. � net 05-17-17 Sheet 6 oSheet11 .R Utility Plan o 05-17-17 08.00 8 OF 11 Dalea.g 02017 Westwood Professional Services, Inc. GROCER Y 22,289 SF 96 PARKING FFE=867.00 Call 48. Hours before digging: 811 or ooII811.00m Common Ground Alliance Sediment and Erosion Control Notes SEE SHEET 9 FOR EROSION CONTROL NOTES Grading Legend P919T140 PROPOSED — — — — — — — — PROPERTY LINE —980— — — --970— -- INDEX CONTOUR —982— X902 INTERVAL CONTOUR CURB AND GUTTER POND NORMAL WATER LEVEL SF SILT FENCE sra—® —M---♦ STORM SEWER ® ® FLARED END SECTION (WITH RIPRAP) WATER MAIN 0 SANITARY SEWER RETAINING WALL WITH FENCE DRAIN TILE ROCK CONSTRUCTION ENTRANCE EROSION CONTROL BLANKET TURF REINFORCEMENT MAT SPOT ELEVATION FLOW DIRECTION TOP AND BOTTOM OF RETAINING WALL EMERGENCY OVERFLOW 501L BORING LOCA00N INLET PROTECTION 100 240' I WEHE estwood r'moi r �Pa o.. 0547-17 — Fy 78419 Cheebyk United Properties 3600 American Blvd. W. 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Q O N00 r+ D ( O 0) m' rt n. 7). -o n 0) r+ Q 0 rr O rr 5-r r -F S = m Q- ro 3 O n < m 0) • 0- 0 0 ((DD 0) Q 3' 0) N r+ C m 0 Q_ act 0) m N 0) m 0 00 m 0) m Q 3 O 0) n O 3 O 0_ 0) m N O C3 0) O 0 0 m m S 0) N 0) N C n r+ C m m C 0 0_ O 0) CD N N 0 CL) a) Q O_ < Q a) m m o O -0 Q 7 c S ,..r m -0 74: O cmn m0.) n 0 rt N 0 m f D 00 • N N. 0) r+ W O • Q v - O N O - +h m O - s m 0) 0 A c 0) 70 0 0) Q D Q Q 5-r O aanpnagsei ui AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER July 18, 2017 The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE contract for public art installation at Twin Cities Outlet Mall parking structure D. PUBLIC HEARING 1. CONSIDER the sale of Lot 2, Block 1, Cedar Grove Parkway 4th Addition to Kanda City Lodging, LLC E. OLD BUSINESS F. NEW BUSINESS G. OTHER BUSINESS H. ADJOURN Agenda Information Memo July 18, 2017 Eagan Economic Development Authority Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the Economic Development Authority. If the Economic Development Authority 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. 1. Approve Minutes Action To Be Considered: To approve the minutes of the July 5, 2017 regular Economic Development Authority meeting as presented or modified. Attachments: (1) EDAC1-1 July 5, 2017 Minutes MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 5, 2017 A meeting of the Eagan Economic Development Authority was held on Wednesday, July 5, 2017 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen, and Commissioner Tilley. Also present were Executive Director Osberg, City Attorney Dougherty, and Community Development Director Hutmacher. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of April 18, 2017. 2. It was recommended to schedule a Public Hearing for July 18, 2017 to consider a sale and purchase agreement for Lot 2, Block 1, Cedar Grove Parkway 4th Addition in Cedar Grove Redevelopment Area between the EDA and Kanda City Lodging, LLC. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director Agenda Information Memo July 18, 2017 Eagan Economic Development Authority Meeting CONSENT AGENDA 2. Approve contract for public art installation at Twin Cities Outlet Mall parking structure Action to be Considered: Approve contract for Greta McLain, artist, to create and install a series of three public art sculptures at the Twin Cities Outlet Mall parking garage structure entitled "Reflected in our Flight". Facts: ➢ In 2016 the City hired ForeCast Public Art as consultants to help update the City's public art policy, as well as, help create a plan to implement more public art projects within the City of Eagan. ➢ The Parking Garage at the Twin Cities Outlet Mall was selected as an ideal site for public art installation for many reasons, including: exposure of the public art to both residents of Eagan, as well as many others that are visiting from other local cities, and other states as they shop at the Mall; has great accessibility for all to enjoy; has very high traffic patterns and access from major highways; is in close proximity and walking/biking distance from many residents living in the immediate area; and had the ideal indoor/outdoor space to be used for such an installation. ➢ The Advisory Parks and Recreation Commission approved the recommended art projects for public art installation and made recommendations to move forward with "Reflected in our Flight" for the Parking Garage installation at the Twin Cities Outlet Mall on Wednesday, June 21, 2017. ➢ City Council approved the contracts for several public art projects, including "Reflected in our Flight" on Wednesday, July 5, 2017. ➢ Installation details have been coordinated with City Engineers, the Building Architect and the Artist. A modification to the original plan of having all sculptures outside of the building has been made to have the two larger butterflies inside the building and the smaller one outside to create maximum artistic impact, and work within the engineering and structure of the building Attachments (1) EDAC2-1 Reflected in our Flight proposal by Greta McLain GRETA MCLAIN + GOODSPACE MURALS LLC Eac an Parkinc Ha 3 Pu clic Art Pro oosal Prepared for: City of Eagan, MN Prepared by: Greta McLain, Lead Artist of GoodSpace Murals May 13, 2017 ( GRETA MCLAIN + GOODSPACE MURALS LLC "REFLECTED IN OUR FLIGHT" Objective Magnificent sculptural monarch butterflies will soar over the entrance to the new Eagan Parking Ramp, sparkling and seeming to fly as they represent beautiful transformation and the "becoming" taking place in the Eagan community. The name, "Reflected in our Flight" makes reference to the positive transformations and changes occurring within Eagan. Our transformation is reflected in our flight. Goals "Reflected in our Flight" is at once a nod to the natural landscape of Minnesota and the blooming, diverse community of Eagan. What you will see: - Large laser -cut, steel monarchs: these will effortlessly blend into the already present structure of the windowed wall creating the entryway into the new Eagan Parking Ramp. Monarchs represent our native Minnesota ecology, migrations, change and transformation. - Mirror pieces: The monarchs will come to life, shimmer, move and separate themselves from the wall structure through the strategic use of double -sided mirror and its reflection of car lights, street lights, store signs and the changing sky. Inlaid mirror pieces will be placed on the outside edge of the butterfly wings, representing their spots, while creating the illusion of movement. These pieces will be reflective on both sides, shimmering and catching light both for outside and inside viewers. - People patterns: Within the butterfly wings are references to various textile patterns from different cultural groups present in the Eagan community. Patterns reference Hmong textiles, Ojibwa embroidery, Dakota beadwork, American quilt patterns, Mexican, African and Indian textiles. - Color: The "people patterns" are separated from the body of the monarchs and highlighted through the use of color. Three different shades of blues/purples visually highlight the patterning while visually bringing the sky down into the work. The blues/purples also make reference to water and Minnesota's natural landscape of streams and lakes. These colors will be powder -coated onto steel cutouts and separately installed in order to create more texture and include color. -Large, organic open spaces: these are present throughout the work so as to not overly -block the windows and to play with different shadows both inside and outside of the building. Project Outline Design Review and Revision: • Community input is very important to our mission at GoodSpace Murals and is crucial to the creation of ownership and intentional placemaking. We are open to editing what patterns/ cultural groups are present in the piece. We are also open to revising the color scheme if it helps to better tell the Eagan story. • Fabrication: This is a new kind of making for artist Greta McLain and we are very excited to have the opportunity to go beyond wall murals to something more sculptural. In order to create the very best final product, Greta will be collaborating with various metal artists and consulting with stain glass artists. • Install: We will be supported during install by a team of GoodSpace Murals contractors and working with the city of Eagan to make sure we have a seamless and safe install. BUDGET "Reflected in our Flight" Cut -steel flying monarchs. Description Quantity Unit Price Cost Materials: Cor -ten Weathering Steel Mirror Powder Coating Install Hardware $ 4,000 1,000 750 1,000 Labor: Artist revisions/Lay out/Meetings 15 hrs $75/hr 1,125 Plasma/laser cutting Mirror prep and in -lay Install: Installation contractor Fabrication/Design of install components 3,000 1,000 4,000 1,000 Admin Engineer sign off/consulting for install Project Management General Liability insurance Total $500 350 700 18,425 Agenda Information Memo July 18, 2017, Eagan Economic Development Authority Meeting PUBLIC HEARINGS 1. Public Hearing — Lot 2, Block 1, Cedar Grove 4t" Addition Action To Be Considered: To close the public hearing and adopt findings of fact, conclusions, and resolution for the sale of Lot 2, Block 1, Cedar Grove Parkway 4th Addition to Kanda City Lodging, LLC for the development of an approximately 109 -room, limited service hotel. Facts: ➢ On August 16, 2016, the EDA approved a sale and purchase agreement with JR Hospitality for the development of a Hilton Home 2 Suites Hotel on Lot 1, Block 1, Cedar Grove Parkway 4th Addition. The hotel is currently under construction. ➢ The sale and purchase agreement for Lot 1, Block 1 included a provision for Right of First Refusal to purchase the adjacent Lot 2, Block 1, Cedar Grove Parkway 4th Addition for the development of a second hotel. ➢ Although Kanda City Lodging, LLC is a new legal entity created for the development of Lot 2, the owners and developers are the same as for the Home 2 Suites and have expressed interest in purchasing the adjacent lot with similar terms of purchase as Lot 1. Because the legal ownership entity for Lot 2 will be different than Lot 1, a waiver of the First Right of Refusal has been received. ➢ At their July 5, 2017 meeting, the EDA received a concept plan for Lot 2, Block 1, Cedar Grove 4th Addition, and directed preparation of a sale and purchase agreement. ➢ JR Hospitality and Hawkeye Hotels, the same ownership and development entity as Lot 1, are proposing an approximately 109 -room, 4 -story, extended stay, limited -service hotel. The driveway access is shared with the Hilton Home 2 Suites and parking is accommodated within the Cedar Grove Parking Ramp. ➢ The purchase price as represented is $950,000, or $9,500 per room. The price will be adjusted higher or lower depending on the actual number of rooms in the approved plan. The purchase price includes the land and an easement in the parking garage for use of as many spaces as are required per the Eagan City Code for the final hotel room count. Staff and the master developer team believe this to be a fair market offer and consistent with the purchase price per unit of Lot 1, Block 1, Cedar Grove 4th Addition. ➢ Due to unanticipated soil corrections on Lot 1, Block 1, the purchase agreement requires the City to complete soil borings on Lot 2, Block 1 within ten business days of approval of the sale and purchase agreement. ➢ A public hearing is required when a public entity considers the sale of property to a private party. At its meeting on July 5, 2017, the EDA scheduled a public hearing for July 18, 2017, The sale and purchase agreement has been executed by Kanda City Lodging, LLC, the public hearing has been noticed, and the matter is in order for consideration at this time. ➢ If a purchase agreement with Kanda City Lodging, LLC, is approved, the developer will proceed to the application and review process of the Advisory Planning Commission and City Council. The sale of the property is contingent on approval of the land use application. Attachments: (4) EDAPH1-1 Location Map EDAPH1-2 Concept Plan EDAPH1-3 Sale and Purchase Agreement EDAPH1-4 Findings of Fact, Conclusions, and Resolution Fort,Snelling State Park 4,Ib. City of Evan Location Map Project Name: Kanda City Lodging, LLC Request: Purchase Agreement 1 Feet 0 500 1,000 NOT TO SCALE 29'8° MATV RM. KING a i KING QUEEN QUEEN ACCESSIBLE KING FLOOR AREA 16,414 SQ. FT. TOTAL NO. OFGUESTROOMS 19 199'-6" OPOOL DECK EMPLOYEBT l \. BREAK M. MEN ROOM L;D_> QUEEN QUEEN QUEEN QUEEN ACCESSIBLE KING QUEEN QUEEN KING KING QUEEN QUEEN QUEEN QUEEN QUEEN QUEEN QUEEN QUEEN l LAUNDRY QUEEN QUEEN tEWR OwE FITNESS CENTRE P001 CHEM. 3 WORK 1 OFFICE NOME REG, LOBBY J� i 1 a mommommommommomltm STAIR 2 0 LLJ LLJ J N I GUESTROOMS TOILETS COMMON AREA BOH GORE -aJ Q1oo to 4th) NOT TO SCALE KING KING ■1 MI --s-rrrr GUEST LAUNDRY • STORAGE KING SUITE ACCESSIBLE KING KING 1 99'-4" QUEEN QUEEN ACCESSIBLE KING QUEEN QUEEN QUEEN QUEEN QUEEN QUEEN QUEEN QUEEN V KING SUITE CORR CORRIDOR POOL BELOW QUEEN QUEEN QUEEN QUEEN KING KING QUEEN QUEEN QUEEN QUEEN QUEEN QUEEN QUEEN QUEEN 206-2" ACCESSIBL QUEEN KING QUEEN SUITE KING SUITE ICE DISP1 FLOOR AREA 13,798 SQ. FT. TOTAL NO. OF GUESTROOMS QUEEN QUEEN • KING SUITE LINEN CHUT QUEEN QUEEN ROOF BELOW ACCESSIBLI KING SUITE KING QUEEN QUEEN SUREION 4TH FLOOR) ACCESSIBLE QUEEN QUEEN SUITEION TRU FLOOR) STAIR 2 30 0 W GUESTROOMS TOILETS COMMON AREA BOH 0 ROOF BELOW Ll.l CORE J 110111111 ii MEE WEE ■I■•■Iu1 ■■■•It- iIOOEIUP =MEM I■■■IEL j7/(1- &ei)at,),t NOT TO SCALE FIBER CEMENT LAP SIDING (TEXTURE 1) STONE PRE -FINISHED METAL PANEL LIMESTONE PANEL FIBER CEMENT LAP SIDING (TE)1TURE 1) PRE -FINISHED METAL PANE LIMESTONE PANEL LIMESTONE PANEL 6-Atoot&evate:0-0 NOT TO SCALE FIBER CEMENT LAP SIDING (TEXTURE 1) LIMESTONE PANEL LIMESTONE PANEL FIBER CEMENT LAP SIDING (TEXTORE 2) I_ • • LIMESTONE PANEL LIMESTONE PANEL 4 LEVELS •4 LEVEL4 • 4 LEVEL3 • I LEVEL2 4 LEVEL 1 LIMESTONE PANEL LIMESTONE PAN L FIBER GEMENT LAP SIDING LIMESTONE PANEL FIBER GEMENT LAP SIDING (TEXTURE 1) (TEXTDRE 1} EXTERIOR MATERIALS FIBER CEMENT LAP SIDING: 30% (SECONDARY) PREFINISHED METAL PANEL: 5% (ACCENT) STONE: 46% (PRIMARY) GLASS: 14% (PRIMARY) DOOR AND WINDOW FRAMES: 5% (ACCENT} PRIMARY: 60% SECONDARY: 30°% ACCENT: 10% PRE-FINI ED METAL PANE LIMESTONE PANEL STONE • 4 LEVELS 4- LEVEL 4 % LEVEL 66ft 6-DieVatj'ANti, NOT TO SCALE &evat,6-0.0 NOT TO SCALE STONE PRE -FINISHED METAL PANEL FIBER CEMENT LAP SUING (TEXTURE 2) LIMESTONE PANEL LIMESTONE PANEL FIBER CEMENT LAP SIDING (TEXTURE 1) LIMESTONE PANEL FIBER CEMENT LAP SIDING (TEXTURE 1) * * LEVELS til LEVEL 4 EXTERIOR MATERIALS FIBER CEMENT LAP SIDING: 30% (SECONDARY) PREFINISHED METAL PANEL: 5% (ACCENT) STONE: 46% (PRIMARY) GLASS: 14% {PRIMARY) DOOR AND WINDOW FRAMES: 5% (ACCENT) PRIMARY: 60% SECONDARY: 30% ACCENT: 10% LEVEL 1 FIBER CEMENT LAP SIDING PRE -FINISHED METAL PANEL LIMESTONE PANEL LIMESTONE PANEL LIMESTONE PANEL (TEXTURE 1) FIRER CEMENT LAP SIDING (TEXTURE 2) FIBER GEMENT LAP SIRING LIMESTONE PANEL FIBER CEMENT LAP SIDING (TEXTURE 2) (TEMPE 1) LEVELS LEVEL 4 r-- 0,0 (%%j, SALE AND PURCHASE AGREEMENT THIS SALE AND PURCHASE AGREEMENT (the "Agreement"), is made as of , 2017 (the "Effective Date" of this Agreement) between the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the "Seller") and Kanda City Lodging, LLC, a Minnesota limited liability company, and its assigns (the "Buyer"). In consideration of the mutual covenants and agreements hereinafter contained, the parties agree as follows: 1.) SALE AND PURCHASE OF REAL PROPERTY. Seller shall sell to Buyer, and Buyer shall purchase from Seller the following property (the "Real Property"): a parcel of undeveloped land located in the City of Eagan (the "City"), Dakota County, Minnesota, legally described as Lot 2, Block 1, Cedar Grove Parkway 4th Addition. 2.) PURCHASE PRICE AND MANNER OF PAYMENT. (a) Purchase Price. The purchase price ("Purchase Price") for the Real Property shall be Nine Hundred Fifty Thousand and no/100 Dollars ($950,000.00). (b) Purchase Price Adjustment. The Purchase Price is calculated under the assumption that Buyer will construct a 100 -room hotel and included within the Purchase Price is contribution for a non-exclusive easement to use 112 parking stalls in the adjacent 2 -level parking garage in accordance with the Parking Ramp Easement and Operating Agreement, the form of which is attached hereto as Exhibit "A." The Purchase Price shall be adjusted upward or downward by a sum of Nine Thousand Five Hundred and no/100 Dollars ($9,500.00) per hotel room that is approved by the Eagan City Council. Similarly, Buyer shall receive the corresponding easement in the adjacent parking garage for the number of parking stalls required by Eagan City Code, which are not constructed by Buyer on the Real Property. 3.) EARNEST MONEY. Fifty Thousand and No/100 Dollars ($50,000.00) as earnest money to be deposited with First American Title Company (hereinafter "Title Company") no later than three (3) business days after the Effective Date (the "Earnest Money"), to be held in escrow by the Title Company in accordance with the terms of Title Company's standard escrow agreement. The balance of the Purchase Price, plus or minus any prorations and other adjustments required hereunder, shall be paid in cash, wire transfer, or guaranteed funds on the Closing Date. 4.) CONDITIONS TO BUYER'S OBLIGATIONS. The obligations of Buyer under this Agreement are conditioned upon satisfaction or waiver by Buyer of each of the following by the respective dates indicated: (a) Access. Seller shall allow Buyer and Buyer's agent's access to the Real Property without charge and at all reasonable times for the purpose of investigation and testing. Buyer shall pay all costs and expenses of such investigation and testing, excepting testing set out in Section 4(k) herein, and shall indemnify, defend and hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities; provided that Buyer shall not be responsible for existing conditions on the Real Property nor the cost of investigations or studies completed by Seller before the Effective Date. Buyer shall further repair any material damage to the Real Property caused by or occurring as a result of Buyer' s testing. (b) Cooperation. Seller shall, without charge to Buyer, cooperate in Buyer's attempts to obtain all governmental approvals and permits necessary in Buyer's judgment in order to allow the lawful use of the Real Property for Buyer's intended purposes. Nothing in this Agreement shall be deemed a waiver of the Eagan City Council's right to exercise its legislative discretion to approve or reject any development proposal presented to the City by Buyer. (c) Documents. Within ten (10) days after the date of this Agreement, Seller shall deliver to Buyer true and correct copies of all of the Documents (as hereinafter defined) for Buyer's examination and analysis. (d) Document Review. Buyer shall have determined in its sole discretion, that it is satisfied with its examination and analysis of all contracts, agreements, plans, warranties and all other documents in connection with the Real Property (together with any amendments thereto), including, without limitation, the following (all of which are collectively referred to herein as the "Documents"): (i) Tests. To the extent available, results of soil tests, percolation tests, structural engineering tests, masonry tests, water, oil, gas, mineral, asbestos, radon, formaldehyde, PCB or other environmental tests, inspection reports, surveys, market studies and core samples, if any, which relate to the Real Property or the business carried upon therein and which are either in Seller's possession or control. (ii) Phase I ESA. Copies of any environmental reports, including any Phase I Environmental Site Assessments and/or Phase II Environmental Site Assessments, concerning all or part of the Real Property that are in Seller's possession or control. (iii) Surveys and Maps. To the extent available, surveys, plats or other depictions relating to the Real Property and copies of all wetland analyses, planning studies, aerial photographs, topographical maps or studies, engineering studies and plans and mylars. (iv) Title Insurance Policies. All title insurance policies with exception documents related to the Real Property. (v) Contracts. All agreements, contracts, agreements or other instruments affecting all or any portion of the Real Property, if any, (collectively the "Contracts"), including, without limitation, all warranties and guaranties given to, assigned to, or benefiting Seller or the Real Property. (d) Governmental Approvals; Neighborhood Meeting. Buyer shall have obtained, at its sole cost and expense, all governmental permits, approvals and licenses as Buyer deems necessary in its sole discretion for its intended development, construction and use of the Real Property. In addition, Buyer shall conduct a neighborhood meeting to present the proposed development. Buyer shall provide Seller with a summary of comments made by the neighbors to the proposed development. (e) Compliance with Laws. On or before the Inspection Deadline, Buyer shall have reasonably determined that the Real Property and Buyer's intended use there of fully complies with all existing 2 local, state, and federal regulations concerning the maintenance and operation of the Real Property, including zoning, building, health and safety, fire safety and environmental codes and laws and such use is and will be a legal conforming use. (0 Title. Title shall have been found acceptable by Buyer in its sole discretion, or been made acceptable, in accordance with the requirements and terms of Section 6 below. (g) Financing. Buyer shall have obtained financing in the form of equity and construction financing for the purchase of the Real Property on terms satisfactory to Buyer in Buyer's sole discretion. (h) Hotel Franchise. Buyer shall successfully procure approval of a hotel franchise agreement for the Real Property to operate a hotel flag acceptable to Seller, on terms satisfactory to Buyer in Buyer's sole discretion. Buyer shall provide Seller with the identity of the hotel flag within sixty (60) days of the Effective Date. (i) Environmental Remediation. Seller shall have completed all environmental remediation on the Real Property that can reasonably be completed prior to any construction activity, provided that in any event Seller shall have obtained from the Minnesota Pollution Control Agency a "no association" letter expressly to or for the reliance of Buyer and sufficient in Buyer's sole discretion for Buyer to be an "innocent purchase" and to be protected from being a "responsible party" under applicable federal, state and local environmental laws. (j) Storm Water. The Real Property is presently served by an existing, permitted offsite storm water system along Minnesota State Highway 13 and Silver Bell Road, and such system complies with all applicable laws. Buyer shall have received confirmation from the City that such off-site storm water systems are adequate to serve the Real Property, has an efficient and properly placed access point on the Real Property and Buyer's proposed development thereon, that it can utilize, without cost, other than typical annual maintenance costs, such system for the transport, storage and treatment of all storm water from the Proposed Project. (k) Soil Borings. Buyer shall have obtained, at Seller's cost, soil borings on the Real Property at mutually agreeable locations on the Real Property. Seller covenants and agrees to conduct the soil borings on the Real Property within ten (10) business days from the Effective Date of this Agreement and will provide the results in a timely manner. Buyer shall be satisfied that the soil is adequate for its proposed use of the Real Property. (1) Representations and Warranties. The representations and warranties of Seller contained in this Agreement will be true now and on the Closing Date as if made on the Closing Date. (m) Utility Location. Buyer shall have confirmed that the location of the utilities coming into the Real Property is acceptable. (n) Government Fees. Buyer shall have confirmed the amount of all governmental fees in connection with the development of the Real Property is acceptable. If any condition set forth in this Section 4 has not been satisfied or waived by Buyer on or before one hundred fifty (150) days from the Effective Date of this Agreement (the "Inspection Deadline"), then Buyer may, at Buyer's option, terminate this Agreement. Upon receipt of such notice from Buyer, Title Company shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for the covenants 3 set forth in the last paragraph of this Section 4 regarding liens arising out of Buyer's activities on the Real Property (the "Surviving Covenant"). If Buyer has not terminated this Agreement on or before the Inspection Deadline, then Buyer shall be deemed to have waived the contingencies set forth herein. Notwithstanding anything to the contrary in this Agreement, in the event that this Agreement is terminated by Buyer for any reason under this Agreement other than as a remedy for a Seller default pursuant to Section 25 below, the Title Company shall not release the Earnest Money to Buyer until Buyer delivers a written request therefor. If this Agreement is so terminated, Buyer shall not allow liens to be filed against the Real Property as a result of Buyer's activities on the Real Property and, if any liens are filed, Buyer shall promptly cause them to be released. 5.) CONDITIONS TO SELLER'S OBLIGATIONS. The obligations of Seller under this Agreement are conditioned upon Buyer obtaining, at Buyer's sole cost and expense, all regulatory approvals, provided that if Buyer is satisfied in its sole discretion with such approvals, Seller shall not have a right to terminate this Agreement pursuant to this Section 5. 6.) TITLE MATTERS. Title examination shall be conducted as follows: (a) Title Evidence. Within ten (10) business days after receipt of the Documents, the parties shall obtain the following title evidence (collectively, the "Title Evidence"): (i) Title Insurance Commitment. Buyer shall order a commitment ("Title Commitment") from Title Company for an ALTA Form B 2006 Owner's Policy of Title Insurance committing to insure a marketable title to the Real Property in Buyer; Buyer shall request that the Title Company delete so-called "standard exceptions" related to survey matters, parties in possession, and liens for labor, materials and services; including affirmative insurance regarding appurtenant easements, separate real estate tax parcel, in the amount of the Purchase Price, and issued by the Title Company. The cost of the Title Commitment shall be paid by the Seller. The Title Commitment shall include complete and accurate copies of all matters described in Schedule B thereof; and (ii) Survey. Seller shall provide, at Seller's cost, a current survey of the Real Property, certified to Seller, Buyer, Title Company and Buyer's lender, prepared in accordance with ALTA/ACSM standards and such other requirements as requested by Buyer or Buyer's lender (the "Survey"). Seller shall deliver a copy of the survey to Buyer, and Buyer shall have five (5) days following receipt thereof, to either approve or disapprove of the composition of the Real Property as depicted therein. If the Buyer disapproves of the survey, the parties shall confer as to reconciling the issues with the survey. The cost of the Survey shall be paid by the Seller. (b) Buyer's Objections. Within ten (10) business days after receiving the last item of the Title Evidence, Buyer shall notify Seller of any objections ("Objections") to matters disclosed in the Title Evidence. Buyer shall be deemed to have automatically made Objections to any mortgage, judgment, tax lien, mechanic's lien and any other monetary lien against the Real Property (collectively "Monetary Liens"). With respect to any update to the Title Commitment and/or the Survey, Buyer shall have ten (10) business days after Buyer's receipt of the applicable updated Title Commitment and/or Survey to notify Seller of any Objections; provided that Buyer shall not have the right to object to any matters that were shown on a previous Title Commitment and/or Survey and not timely objected to by Buyer. Seller shall use reasonable efforts to correct any 4 Objections which shall include, if applicable, payment of the Monetary Liens out of proceeds from Closing on the Closing Date if they are not satisfied prior thereto. At Closing, Buyer shall have the right to require endorsement(s) to the Title Policy. If the Objections are not cured prior to the Closing Date, Buyer will have the option to do any of the following by notice provided to Seller: (i) Terminate. Terminate this Agreement pursuant to Section 4 herein, on or before the Closing Date. Upon receipt of such notice from Buyer, Title Company shall promptly return the Earnest Money to Buyer. Upon such return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for the Surviving Covenants; or (ii) Waive. Waive the Objections and close the transaction contemplated by this Agreement as if such Objections had not been made. (c) Title Policy. If the Closing occurs, Title Company shall issue an owner's title insurance policy ("Title Policy") pursuant to the Title Commitment, or a suitable markup of the Title Commitment initiated by the Title Company undertaking to issue such a Title Policy within a reasonable time in the form required by the Title Commitment as approved by Buyer. 7.) CLOSING PROCEDURES. (a) Closing Date. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on within thirty (30) days after the expiration of the Inspection Deadline, but no later than December 31, 2017 (the "Closing Date"). The Closing shall take place at 10:00 a.m. local time at the office of Title Company, or such other location as determined by the Seller. (b) Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, the "Seller's Closing Documents"): (i) Deed. A Limited Warranty Deed (the "Deed"), in recordable form, conveying marketable title to the Real Property to Buyer, free and clear of all encumbrances, other than those encumbrances not objected to or waived pursuant to Section 6. The deed must incorporate a covenant running with the land as required by MINN. STAT. § 469.105; (ii) Title Policy. The Title Policy, or a suitably marked -up Title Commitment, as provided for in Section 6, herein; (iii) Seller's Affidavit. An Affidavit by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor, or material furnished to the Real Property for which payment has not been made or for which mechanics' liens could be filed; and there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit as may be required by the Title Company to issue the Title Policy; (iv) FIRPTA Affidavit. A nonforeign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2) and its regulations; 5 (v) Original Documents. Seller shall deliver to Buyer all original Documents (or suitable copies thereof) that may be necessary for Buyer to develop and operate the Real Property. Where necessary to comply with statutory record retention requirements, Seller may retain originals of records and provide copies to Buyer; and (vi) Parking Ramp Easement and Operating Agreement. A Parking Ramp Easement and Operating Agreement substantially in the form as set forth on Exhibit A attached hereto; (vii) Repurchase Agreement. A repurchase agreement substantially in the form as set forth on Exhibit B; and (viii) Other Documents. All other documents reasonably determined by Buyer or the Title Company to be necessary to transfer the Real Property to Buyer. (c) Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, "Buyer's Closing Documents"): (i) Purchase Price. The balance of the Purchase Price to be paid as required by Section 2; (ii) Parking Ramp Easement and Operating Agreement. A Parking Ramp Easement and Operating Agreement substantially in the form as set forth on Exhibit A attached hereto; (iii) Repurchase Agreement. A repurchase agreement substantially in the form as set forth on Exhibit B; and (iv) Title Documents. Such affidavits of Buyer or other documents as may be reasonably required by the Title Company in order to record Seller's Closing Documents and issue the Title Policy. 8.) PRORATIONS. Seller and Buyer shall make the following prorations and allocations at the Closing: (a) Title Insurance and Closing Fee. Seller shall pay the cost of the Commitment and the Survey and Buyer shall pay the premium for the Title Policy and any endorsements obtained. Seller and Buyer will each pay one-half of any reasonable and customary closing fee or charge imposed by the Title Company or its designated closing agent. (b) Deed Tax. Seller shall pay all state deed tax due on the Deed to be delivered by Seller under this Agreement. (c) Real Estate Taxes and Special Assessments. Seller shall pay or cause to be paid all general real estate taxes, if any, payable for the Real Property in the years prior to the year in which the Closing occurs, and any deferred or Green Acres real estate taxes. Seller and Buyer shall prorate the general real estate taxes, if any, payable for the Real Property in the year of closing as of the Closing Date based upon the calendar year. Seller shall pay, on or before the Closing Date, all special assessments levied, "pending," deferred or constituting a lien against the Real Property as of the Closing Date, including, without limitation, all installments of special assessments, including interest, payable in the year of Closing. Nothing in this subparagraph shall be deemed a waiver of 6 the City's ability to lawfully impose future special assessments on the Real Property as well as any assessments that may be agreed to by Buyer as part of the development of the Real Property. Buyer shall be responsible for any Metropolitan or City sewer and water charges associated specifically with the development of the Real Property, but Buyer shall not be responsible for any sanitary area charges, water area charges or storm sewer area charges. (d) Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in Seller in the condition warranted by Seller in this Agreement. Buyer will pay the cost of recording all other documents. (e) Attorneys' Fees. Seller and Buyer shall each pay its own attorneys' fees in connection with the preparation and negotiation of this Agreement and the Closing, except that a party defaulting under this Agreement or any of its respective Closing Documents shall pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. (f) Event of Repurchase. In the event that Seller needs to exercise its right to repurchase the Property as allowed under the Repurchase Agreement, all prorations and closing costs shall be allocated in accordance with the provisions of this Section 8. This provision shall survive the Closing and the delivery of the deed. 9.) OPERATION PRIOR TO CLOSING. During the period from the Effective Date through the Closing Date (the "Executory Period"), Seller shall not execute any contracts, easements, leases, or other agreements or allow any new encumbrances to exist regarding the Real Property, nor perform any act that would impair or encumber the title to the Real Property or affect the condition of the Real Property_ 10.) REPRESENTATIONS AND WARRANTIES BY SELLER. Seller represents and warrants to Buyer as follows, which representations and warranties shall be true and correct as of the Closing: (a) Organization; Authority. Seller has the requisite power and authority to execute and perform this Agreement and any Seller's Closing Documents to be signed by it; such documents have been (or will be prior to Closing) duly authorized by all necessary action on the part of Seller and at the Closing shall have been duly executed and delivered; such execution, delivery, and performance by Seller of such documents does not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party, or any agreement by which Seller is bound; and such documents are and shall be valid and binding obligations of Seller, enforceable in accordance with their terms. (b) Title to Real Property. Seller owns the Real Property and has good marketable title, free and clear of all encumbrances, except those encumbrances listed in the Title Commitment. (c) Mechanic's Liens. All labor and materials which have been provided to the Real Property have been fully paid for or will be fully paid for, prior to the Closing Date. (d) Utilities. Gas, sanitary, and storm sewer and water lines are available to the Real Property. Seller has received no notice of actual or threatened reduction or curtailment of any utility service now supplied to the Real Property. (e) Rights of Others to Purchase Real Property. Seller has not entered into any other contracts, agreements or understandings, whether oral or written, for the sale of all or any portion of the Real Property, and there are no existing rights of first refusal or options to purchase all or any portion of 7 the Real Property, or any other rights of others that might prevent the consummation of this Agreement._ (f) Compliance with Laws. The Real Property and the current use thereof fully complies with all existing local, state, and federal regulations concerning the maintenance and operation of the Real Property, including zoning, building, health and safety, fire safety, and environmental codes and laws and such use is a legal conforming use. No notice of violations of the same have been received. To the best of Seller's knowledge, no other permits or licenses are required in order to use the Real Property as intended by Buyer, other than those required by the City acting in its legislative capacity. (g) Litigation and Other Matters. Seller has received no notice, and has no knowledge of any pending or threatened notice, of a violation of any statutes, ordinances, regulations, judicial decrees, or orders, or the pendency or threat of any lawsuits, administrative or arbitration hearings, governmental investigations, proceedings, applications, petitioners, or other matters affecting the Real Property or the use thereof. (h) Private Restrictions. There are no contracts, leases, private restrictions, or agreements with any public authority that will not appear in the Title Commitment and that will affect the present or future uses that may be made of the Real Property, including but not limited to size or cost of buildings or structures; limitation on use or restrictions in regard to fences, roofs, garages, and heights of buildings or structures, except for building and zoning codes; agreements to subject architectural plans to an association or other group; provisions requiring improvements; provisions requiring the joining of others in group actions; or restrictions imposed on the Real Property due to its historical significance._ (i) Condemnation. Seller has not received any notice of any pending condemnation, eminent domain or other similar action, suit or proceeding that would affect the Real Property. To the best of Seller's knowledge, after due inquiry, there are no such proceedings pending or threatened against the Real Property and there are no applications, ordinances, petitions, resolutions, or other matters pending before any governmental agency in regard to access routes, curb cuts, median strips, or other contemplated actions of public agencies that might tend to diminish or curtail the full flow of traffic proximate to the Real Property and access thereto. Seller has not received a notice of any pending or threatened condemnation, eminent domain or other similar action, suit or proceeding that would affect the Real Property. (j) Storage Tanks. There are no above -ground or underground tanks that are located in or about the Real Property. All tanks that have been removed have been removed and closed in compliance with all federal, state and local laws. (k) Wells and Septic. Seller knows of no wells on the Real Property. At the time of Closing, Seller will deliver any required well certificate pursuant to applicable laws. There is no "individual sewage treatment system" within the meaning of Minn. Stat. Section 115.55 on or serving the Real Property. Sewage generated at the Real Property goes to a facility permitted by the Minnesota Pollution Control Agency. (1) Assessments. Seller has not received any notice of any actual or proposed special assessments or reassessments of the Real Property. (m) Hazardous Substances. Except as set forth in the Phase I Survey dated August 2004 prepared by Braun Intertec, Phase I Survey updated September 2012 by Braun Intertec and Phase 8 II Survey dated April 2006 prepared by Braun Intertec, there are no Hazardous Substances stored, deposited or located within the property or under the surface of the property. For purposes of this warranty and representation, the term "Hazardous Substances" means asbestos and asbestos - containing materials, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products, or other dangerous, toxic, or hazardous pollutant, contaminant, chemical, material or substance defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Environmental Laws. For purposes of this Agreement, the term "Environmental Laws" shall mean the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601-9657, as amended, and any other federal, state and local laws, rules and regulations dealing with Hazardous Substances, the environment or public health. (n) FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate," as those terms are defined in Section 1445 of the Internal Revenue Code. (o) Airport Zoning Ordinance. For the purposes of satisfying any applicable requirements of Minn Stat. § 360.065, a copy of any airport zoning regulations affecting the Real Property can be reviewed or obtained at the Office of the Dakota County Recorder. Except for the warranties, covenants and representations explicitly set forth in this Agreement, Seller and Buyer agree that Buyer will accept possession of the Real Property in its AS -IS condition, WITH ALL FAULTS, and the sale of the Real Property to Buyer shall be without any other representation, covenant or warranty of any kind, express or implied, and Buyer, for Buyer, Buyer's agents, attorneys, representatives, heirs and assigns does hereby disclaim and renounce any other representation or warranty. Seller will indemnify Buyer and its successors and assigns against, and will hold Buyer and its successors and assigns harmless from, any expenses or damages, including reasonable attorneys' fees that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing, for two (2) years after the Closing Date. Notwithstanding anything to the contrary contained in the foregoing, Buyer's recovery shall be limited to the amount of available insurance proceeds and nothing herein shall be deemed a waiver of Seller's statutory tort limits under Minn. Stat. Chapter 466. 11.) REPRESENTATIONS, WARRANTIES AND INDEMNITY BY BUYER. Buyer represents and warrants to Seller that Buyer has the power and authority to execute this Agreement and any Buyer's Closing Documents signed by it; that all such documents have been authorized by all necessary action on the part of Buyer and at the Closing shall have been duly executed and delivered; that the execution, delivery, and performance by Buyer of such documents does not conflict with or violate any judgment, order or decree of any court or arbiter or any agreement by which Buyer is bound; and that all such documents are valid and binding obligations of Buyer and are enforceable in accordance with their terms. Buyer will indemnify Seller and its successors and assigns against, and will hold Seller and its successors and assigns harmless from, any expenses or damages, including reasonable attorneys' fees that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing, for two (2) years after the Closing Date. 12.) CONDEMNATION. If, prior to the Closing Date, any governmental entity commences any eminent domain proceedings ("Proceedings") against all or any part of the Real Property, Seller shall give notice to Buyer of such fact, and, at Buyer's option (to be exercised by notice to Seller within thirty (30) days after Seller's notice), this Agreement shall terminate, in which event Title Company shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for the Surviving Covenant. If Buyer does 9 not give such notice, then there shall be no reduction in the Purchase Price, provided, however, that Seller shall assign to Buyer at the Closing Date all of Seller's right, title, and interest in and to any award made or to be made in the Proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the Proceedings without Buyer's prior written consent. 13.) ASSIGNMENT. Buyer reserves the right, at Buyer's sole discretion, to assign all or part of its interest in and to this Agreement to an affiliate of Buyer. Notwithstanding the foregoing, neither Seller nor Buyer may assign its rights under this Agreement for any other purpose, without the prior written consent of the other party. 14.) SURVIVAL. All of the covenants, representations and warranties made in this Agreement which either by their terms expressly survive Closing, or are contained in any schedule, exhibit, certificate, or document delivered at Closing, will survive and be enforceable after the Closing. 15.) NOTICES. Any notice required or permitted to be given under any provision of this Agreement shall be in writing and shall be deemed to have been given in accordance with this Agreement, if it is mailed, by United States certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: with a copy to: If to Buyer: With a copy to: Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 Attn: Robert B. Bauer Kanda City Lodging, LLC 2706 James Street Coralville, IA 52241 Attn: John Hall Jamie L. Cox, Esq. Vice Cox & Townsend PLLC 2303 River Rd., Suite 301 Louisville, KY 40206 Notice shall be effective, and the time for response to any notice by the other party shall commence to run, one (1) business day after any such mailing or deposit. Either Seller or Buyer may change its address for the service of notice by giving notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change. Notwithstanding the foregoing, any party may give any other party written notice hereunder by any means other than by United States registered or certified mail or overnight courier, which is reasonably calculated to reach the other party, including but not limited to hand delivery, email transmission or facsimile transmission, provided that any such notice shall be deemed to have been given and shall be effective only when actually received by the addressee, proof of which shall be furnished by the party sending such notice 16.) CAPTIONS; EXHIBITS. The section and paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in 10 interpreting this Agreement. All schedules, exhibits, addenda or attachments referred to herein are hereby incorporated in and constitute a part of this Agreement. 17.) ENTIRE AGREEMENT; MODIFICATION. This written Agreement constitutes the complete agreement between Seller and Buyer and supersedes any prior oral or written agreements between them regarding the Real Property. There are no oral agreements that change this Agreement, and no amendment of any of its terms will be effective unless in writing and executed by both Seller and Buyer. 18.) BINDING EFFECT. This Agreement binds and benefits Seller and Buyer and their respective successors and assigns. 19.) CONTROLLING LAW. This Agreement has been made under, and will be interpreted and controlled by, the laws of the State of Minnesota. 20.) WAIVER. No waiver of the provisions of this Agreement shall be effective unless in writing, executed by the party to be charged with such waiver. No waiver shall be deemed a continuing waiver or waiver in respect of any subsequent breach or default, either of similar or different nature, unless expressly stated in writing. 21.) COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. 22.) FACSIMILE SIGNATURES. This Agreement may be executed with signatures transmitted by facsimile or email and shall constitute a binding agreement with such signatures. Nonetheless, any party providing facsimile or emailed signatures shall provide the other party with the original signatures within five (5) business days after providing the facsimile signature page(s). 23.) SEVERABILITY. If any provision of this Agreement is invalid or unenforceable, such provision shall be deemed to be modified to be within the limits of enforceability or validity, if feasible; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. 24.) LIMITATION OF LIABILITY. Upon Closing, Buyer shall neither assume nor undertake to pay, satisfy or discharge any liabilities, obligations or commitments of any Seller other than those specifically agreed to between the parties and set forth in this Agreement. 25.) REMEDIES. Time is of the essence of this Agreement. If Seller fails to perform any of its obligations under this Agreement, Buyer may (i) terminate this Agreement and obtain a full refund of all the Deposits; and/or (ii) seek and recover from Seller specific performance of this Agreement. If any actions is brought to specifically enforce this Agreement, Seller shall waive the defense that there is an adequate remedy at law. If Buyer defaults in performance of its obligations under this Agreement, Seller shall have the right to terminate this Agreement in the manner provided by Minn. Stat. Sec. 559.21 and to obtain the Earnest Money (to the extent paid by Buyer) as liquidated damages. Such termination of this Agreement and receipt of the Deposits will be the only remedies available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. 26.) REAL ESTATE BROKERS. Seller represents to Buyer that it has entered into a Preliminary Development Agreement with Pratt Development, Inc. ("Seller's Broker") in connection with the 11 transactions contemplated by this Agreement. Buyer represents to Seller that it has not engaged a broker in connection with the transactions contemplated by this Agreement. All brokers' fees, finder's fees, commissions or other similar fees to be paid to Seller's broker, Buyer's broker and/or any employees or agents thereof in connection with the transactions contemplated by this Agreement shall be paid by Seller at Closing from Seller's proceeds therefrom. The provisions of this Section 26 shall survive the Closing. Seller and Buyer have executed this Agreement as of the date set forth above. BUYER: Kanda City Lodging, LLC, a Minnesota limited liability company By: Its: Manager SELLER: Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota By: Mike Maguire Its: President By: David M. Osberg Its: Executive Director 12 EXHIBIT "A" Parking Ramp Easement and Operating Agreement EXHIBIT "B" Repurchase Agreement BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Sale of Property to Kanda City Lodging, L.L.C. FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION This matter came before the Eagan Economic Development Authority (the "EDA") at its meeting of July 18, 2017. The EDA received and considered public comment; input from City staff; as well as the Sale and Purchase Agreement proposed by Kanda City Lodging, L.L.C. (hereinafter "Developer"). Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area (the "Redevelopment District"), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning modifications to create a Special Area, the adoption of Cedar Grove District building standards, and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA approved the establishment of the Redevelopment District and the City Council approved the creation and establishment of a Tax Increment Financing District referred to as Tax Increment Financing District No. 1 (the "TIF District") in connection with the Cedar Grove Redevelopment Area, all pursuant to the authority granted by Minnesota Statutes, Sections 469,090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"), 3. Pursuant to the Acts on or about October 2, 2001, the EDA approved the adoption of and the City Council approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") to finance a portion of the public redevelopment costs of the Redevelopment District, The TIF Plan was certified on July 22, 2003. 4. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has previously determined to provide substantial aid and assistance through the financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 5. A development plan was presented by developer of the Property to acquire Lot 2, Block 1, Cedar Grove Parkway 4th Addition (the "Property") for the construction of a 100 -room hotel (hereinafter the "Proposed Development"). The Developer is desirous to complete the Proposed Development. 7. The Proposed Development is consistent with the Redevelopment Plan. 8. Under the proposed purchase agreement, Developer will acquire the Property for $950,000.00 (or $9,500.00 per room) and the purchase price also includes a contribution for a non-exclusive easement to use 112 parking stalls in the adjacent parking garage (the "Purchase Terms"). The Purchase Terms are adjusted upward or downward depending on the ultimate number of rooms that can be constructed on the Property. 9. The sale of the Property to accomplish the Proposed Development will cause an increase in the tax capacity of the Redevelopment District resulting in significant tax increment to reimburse the EDA for prior expenditures within the Redevelopment District. 10. The Proposed Development will also create additional job opportunities within the Redevelopment District which is also consistent with the Redevelopment Plan. 2 CONCLUSIONS 1. The Purchase and Sale Agreement proposed by Developer to construct a hotel and to make a capital contribution for the adjacent parking garage are consistent with the EDA's objectives to redevelop the Redevelopment District in accordance with the Redevelopment Plan. RESOLUTION The EDA does hereby approve the sale of the Property within the Redevelopment District to Kanda City Lodging, L.L.C. for the construction of a hotel. Dated at Eagan, Minnesota this 18th day of July, 2017. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Mike Maguire President By: David M. Osberg Executive Director 3