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03/02/2021 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MARCH 2, 2021 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 final payment for contract to extend fiber to Deerwood Reservoir to MP Nexlevel, LLC and accept the improvements for perpetual City maintenance subject to warranty provisions F. APPROVE Mutual Aid Agreement with the St. Paul Police Department to provide mutual aid for fire, flood, natural disaster, civil disturbance, or any other emergency that may occur within the jurisdictions G. APPROVE Resolution to accept a $34,669 donation from the Eagan Citizens Crime Prevention Association for the purchase of a security camera system H. AWARD Contract 21-10, 2021 Water Quality Improvements I. APPROVE Resolution to accept a donation from Mark’s Towing, Inc. J. APPROVE the Final Subdivision, Final Planned Development and Easement Vacation for Associated Bank K. APPROVE Fair Housing Policy L. APPROVE correspondence to the Federal Aviation Administration (FAA) regarding the FAA Neighborhood Environmental Survey V. PUBLIC HEARINGS A. PROJECT 1409, Eagandale Industrial Park Street Improvement B. CERTIFY Delinquent Utility Bills VI. OLD BUSINESS A. RECEIVE bids and approve resolution awarding the sale of $27,730,000 Taxable General Obligation Bonds, Series 2021A B. CONDITIONAL USE PERMIT- Lexington Logistics Center 2nd Addition / Judd Gilats, 3130 Lexington Ave, LLC - A Conditional Use Permit to allow outdoor storage and overnight parking of delivery vans located at 3130 Lexington Avenue VII. NEW BUSINESS A. INTERM USE PERMIT- Deerwood Reservoir – City of Eagan - An Interim Use Permit to allow a temporary (proposed 3-year term) to test location for pole/tower and antenna (total height 157 feet) for AMI water meter reading equipment located at 1683 Skywood Lane B. INTERIM USE PERMIT – Cliff Booster Station – City of Eagan - An Interim Use Permit to allow a temporary (proposed 3-year term) to test location for pole/tower and antenna (total height 106 feet) for AMI water meter reading equipment located at 1311 Cliff Road C. PLANNED DEVELOPMENT AMENDMENT – Foundation Montessori & Childcare - Murlidhar Nagwani, Griffen Eagan LLC- A Planned Development Amendment to allow a child daycare and preschool located at 1552 Quarry Road D. PLANNED DEVELOPMENT AMENDMENT - Dan Rader, Aerospace Welding Minneapolis, Inc. - A Planned Development Amendment to allow outdoor storage of two Nitrogen and Argon gas tanks located at 3344 Highway 149 VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes 2. Approve Amended and Restated Tax Increment Pledge Agreement 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. ADJOURNMENT Memo To: Honorable Mayor and City Council Members From: City Administrator Osberg Date: February 25, 2021 Subject: Agenda Information for March 2, 2021 City Council Meeting ADOPT AGENDA After approval is given to the March 2, 20021 City Council agenda, the following items are in order for consideration. Agenda Information Memo March 2, 2021 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 February 16, 2021 regular City Council minutes, as presented or modified. Attachments: (1) CA-1 February 16, 2021 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota FEBRUARY 16, 2021 No Listening Session was held. Due to the COVID-19 pandemic, the regular Eagan City Council meeting was held virtually on Tuesday, February 16, 2021 at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Hansen, and Supina. Councilmember Fields was absent. Also present was City Administrator Osberg, Assistant City Administrator Miller, Finance Director Pepper, Public Works Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Communications and Engagement Director Ellickson, Parks and Recreation Director Pimental and City Attorney Dougherty. AGENDA City Administrator Osberg noted there are changes and clarification needed on Consent Item F – Adopt the City’s Federal Award Administration Policy and Procedures, thus staff is requesting the item to be removed. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 (Roll Call) RECOGNITIONS AND PRESENTATIONS There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Supina moved, Councilmember Hansen seconded a motion to approve the consent agenda as amended: Aye: 4 Nay: 0 (Roll Call) A. It was recommended to approve the January 26, 2021 and February 9, 2021 Special City Council minutes, and the February 2, 2021 City Council minutes, as presented, or modified. B. Personnel Items: 1. It was recommended to approve the promotion of Brian Kruckow from Lead Custodian to Government Building Maintenance Coordinator. C. It was recommended to ratify the check registers dated January 29 and February 5, 2021. D. It was recommended to approve the ordinary and customary contracts with Dean and Mary Larson, Think Bank, Twin Cities Junk Hauling LLC, Suburban Landscape Service Inc, and Twin Cities Premium Outlets. E. It was recommended to schedule Special City Council meetings for Tuesday, March 2, 2021 at 4:30 p.m. and Wednesday, April 28, 2021 at 5:30 p.m. F. Item was removed. G. It was recommended to approve the plans and specifications for Contract 21-01 (2021 Neighborhood Street Revitalization) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, March 18, 2021. City Council Meeting Minutes February 16, 2021 2 page H. It was recommended to receive the bids for Contract 21-05 ( Yankee Storm Lift Station Rehabilitation) and award a contract to McNamara Contracting for the base bid in the amount of $432,500.43 and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to receive the bids for Contract 21-06 (Automated Metering Infrastructure, Water Meter Reading Radio Installation) and award a contract to Vanguard Utility Service for the base bid in the amount of $ 808,400.00 and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to receive the bids for Contract 21-08 (2021 Well Rehabilitation Improvements), award a contract for Well 13 to Keys Well Drilling, Inc. for the base bid in the amount of $46,855.00, and a contract for Wells 18 and 21 to Bergerson-Caswell for the base bid in the amount of $200,700.00, and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to receive the bids for Contract 21-09 (2021 Sanitary Sewer Lining) and award a contract to Hydro-Klean for the base bid in the amount of $233,776.40 and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve the equipment acquisition for Contract 21-11 (Lake Plant Harvesting Equipment) and authorize the advertisement for a bid opening to be held at 1:00 p.m., on Friday, March 8, 2021. M. It was recommended to approve a Joint Powers Agreement with the Dakota County Transportation Department and ISD 196 for the Diffley Road School Area Improvements/Braddock Trail Driveway School Safety Improvements – Right-of-Way and Construction (City Projects 1339/ 1408); Approve an Amendment to Joint Powers Agreement (County Contract Number C0032929) with Dakota County Transportation and ISD 196, Diffley Road School Area Improvements – Design (City Project 1339), and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve a resolution of support for Dakota County Transportation Department’ s designation of a no-parking zone on both sides of Diffley Road (CSAH 30), Lexington Avenue to Trenton Trail, and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve the third amendment to the telecommunication lease agreement with T-Mobile, for upgrades on the Safari Reservoir site and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve a Traffic Control Signal Agreement with the Minnesota Department of Transportation and Dakota County Transportation Department for the replacement and modifications of traffic signals on Interstate 35E at Pilot Knob Road (CSAH 31), Yankee Doodle Road (CSAH 28) and Lone Oak Road (CSAH 26), and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to approve the recommendations of the Public Works Committee regarding the final disposition of the Water Meter Replacement/Repair (R/ R) Program (City Code 3.05) surcharges for the identified properties in accordance with the related City Ordinance. R. It was recommended to approve an agreement between the City of Eagan as fiscal agent for the Dakota County Drug Task Force and the Organized Crime Drug Enforcement Task Forces for assisting in OCDETF investigations, strategic initiatives and prosecutions. S. It was recommended to approve a transfer from the General Fund to the Equipment Revolving Fund in the amount of $1,500,000. T. It was recommended to approve an On Sale and Sunday Liquor License for El Nuevo Parian Eagan LLC doing business as El Parian Mexican Restaurant, 1960 Cliff Lake Road 117. U. It was recommended to approve the plans and specifications for Rahn Park improvements and authorize the advertisement for a bid opening to be held at 1:00 p.m. on Wednesday March 10, 2021. City Council Meeting Minutes February 16, 2021 3 page PUBLIC HEARINGS Variance – 1322 Interlachen Drive (Donald and Orianna Forciea) City Administrator Osberg introduced the item noting the Council is being asked to consider a Variance of 1.53 percent to the maximum 20 percent building coverage standard to allow the addition of a screen porch to the single- family dwelling at 1322 Interlachen Drive. City Planner Schultz gave a staff report and provided a site map. Don Forciea, applicant, gave a summary of the request and was available for questions. Mayor Maguire opened the public hearings. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a 1.53 percent Variance to the maximum 20 percent building coverage to allow for a porch addition to the single- family home upon property located at 1322 Interlachen Drive, subject to the following conditions: Aye: 4 Nay: 0 (Roll Call) 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. A Building Permit shall be required prior to construction of the addition. Variance – 1900 Shawnee Road (Public Storage) City Administrator Osberg introduced the item noting this is a 2.85-acre parcel on Shawnee Road. The Council is be asked to consider a Variance to the required pavement setbacks to allow a 30-foot front yard setback (Highway 13) and to allow a shared access with a zero setback upon property located at 1900 Shawnee Road. City Planner Schultz gave a staff report and provided a site map. The applicant was available for questions. Mayor Maguire opened the public hearings. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Supina seconded a motion to approve a Variance to the required pavement setbacks to allow a 30-foot front yard setback (Highway 13) and to allow a shared access with a zero setback upon property located at 1900 Shawnee Road, subject to the following conditions: Aye: 4 Nay: 0 (Roll Call) 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. City Council Meeting Minutes February 16, 2021 4 page 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. A declaration of ingress/ egress, in a form acceptable to the City Attorney, shall be executed and recorded prior to the issuance of a building permit. Lots 1 & 2, Block 1, Town Centre 100 Second Addition - Public Easement Vacations Final Subdivision and Final Planned Development – Associated Bank & Ryan Cos City Administrator Osberg introduced the item noting the documents and materials for the Final Planned Development and Final Subdivision are not ready and staff is requesting those items to be continued to a future City Council meeting. Public Works Director Matthys gave a staff report and provided a site map. The applicant was available for questions. Mayor Maguire opened the public hearings. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Supina seconded a motion to Close the public hearing and continue the vacation of public easements on Lots 1 and 2, Block 1 Town Centre 100 Second Addition, the Final Subdivision (Town Centre 100 Twenty-First Addition) to create two (2) lots upon 3.35 acres located at 1260 and 1270 Yankee Doodle Road, currently legally described as Lots 1 and 2, Block 1, Town Centre 100 Second Addition, and the Final Planned Development to allow an approximately 34,500 square foot retail grocery store, and an approximately 2,800 square foot bank with drive - through facility on approximately 3.35 acres on the southeast corner of Yankee Doodle Road and Denmark Avenue, for Lots 1 and 2, Block 1, Town Centre 100 Twenty-First Addition to a future City Council meeting. Aye: 4 Nay: 0 (Roll Call) OLD BUSINESS There were no old business items to be heard. NEW BUSINESS There were no new business items to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire noted the March City Council meetings will be held virtually. City Council Meeting Minutes February 16, 2021 5 page CITY ADMINISTRATOR City Administrator Osberg reminded the City Council the Finance Director finalist interviews will be held on March 2 at 4:30 p.m. in the Training Room at City Hall. VISITORS TO BE HEARD There were no visitors to be heard. CLOSED SESSION No closed session was held. ADJOURNMENT Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn the meeting at 7:10 p.m. Aye: 4 Nay: 0 (Roll Call) _______ Date ______ Mayor _______ City Clerk Agenda Information Memo March 2, 2021 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action to be Considered: Approve the hiring of the following part-time recurring and seasonal employees: Jackson Marquardt Utility Maintenance Worker Austin Lentz Utility Maintenance Worker Colby Lentz Utility Maintenance Worker Daniel Freiberger Utility Maintenance Worker ITEM 2. Action to be Considered: Approve the reclassification of Dana Deutmeyer and Ryan Winegardner from Part -Time Police Cadet to Part-time Pathway to Policing. Facts: ➢ Dana started with the Police Department as a Part-Time Police Cadet in 2019. ➢ Ryan will start his employment with the Police Department in March 2021. ➢ Pathways to Policing is a multi-agency effort to provide non-traditional pathway to a career in law enforcement. Both Dana and Ryan will participate with the Pathways program with classes through Hennepin Technical College. ITEM 3. Action to be Considered: Approve the collective bargaining agreement with the Law Enforcement Labor Services Local #170 – Police Officers Unit. Facts: ➢ By order of the Minnesota Public Employer Labor Relations Act, (PELRA) which establishes the rules for collective bargaining between Minnesota public employers and representatives of public employees, Law Enforcement Labor Services Local #170 are the exclusive representatives of the City of Eagan Police Department’s Police Officers . ➢ This collective bargaining agreement is effective from January 1, 2021 to December 31, 2021. ➢ The terms and conditions of the Agreement are consistent with City related wages and benefits. ➢ The full Agreement is available in the City Administrator’s office. ITEM 4. Action to be Considered: Approve a Memorandum of Agreement regarding Emergency Paid Leave between the City of Eagan and the LELS Local #170 – Police Officers. Facts: ➢ Police Administration meets regularly with Police Officers to discuss how Officers are scheduled. ➢ The most recent MOA on scheduling had a sunset date of 12-31-2020. During recent discussions it was proposed to renew the MOA for the 2021 calendar year. ➢ The posting date for the final draft of the 28-day schedule will be done 16 days prior to the beginning of the schedule. The current contract has the posting date for the final draft at 8 days. ➢ The current collective bargaining agreement is effective from January 1, 2021 to December 31, 2021. Attachments: (1) CB-1 Memorandum of Agreement MEMORANDUM OF AGREEMENT The City of Eagan (“City”) and Law Enforcement Labor Services, Inc. Local No. 170 – Patrol Officers (“Union”) agree to the following: The purpose for this Memorandum of Agreement is to set forth a mutually agreed upon final draft posting date for the period covering the current Labor Agreement between the City of Eagan and Law Enforcement Labor Services, Inc. Local No. 170. The final draft of the 28-day schedule will be posted sixteen (16) days prior to the beginning of the schedule. This agreement is not intended to eliminate any contractual language within the Labor Agreement between the City of Eagan and Law Enforcement Labor Services, Inc. Local No. 170. Furthermore, during the course of this agreement, if operational issues arise that cannot be resolved with the Scheduling Committee, the Employer reserves the right to make the necessary decisions to resolve the issue or discontinue this Memorandum of Agreement with 30 days’ notice if the issue cannot be resolved. In the third quarter of 2021, Police Administration will meet with the Scheduling Committee to evaluate the impact this practice set forth in this Memorandum of Agreement has had on Operations. The Scheduling Committee will make a recommendation as to whether or not to continue the practice and Police Administration will make the final decision to continue the practice. This Memorandum of Agreement will expire on December 31st, 2021, unless the parties mutually agree, in writing, to its extension. IN WITNESS WHEREOF, the parties have executed the Agreement on the respective dates as set forth opposite their respective signatures. 2 CITY OF EAGAN: CITY OF EAGAN: Dated: ________________ By: _______________________ Mike Maguire Mayor, City of Eagan Dated: ________________ By: _______________________ Christina Scipioni City Clerk Dated: ________________ By: _______________________ Jesse Swenson Human Resources Manager LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 170 Dated: ________________ By: ______________________ Rick Mathwig Business Agent Dated: ________________ By: ______________________ Chris Meade LELS Patrol Officers Local 170, Union Steward Agenda Information Memo March 2, 2021 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated February 12 and February 19, 2021, as presented. Attachments: (2) CC-1 Check register dated February 12, 2021 CC-2 Check register dated February 19, 2021 2/11/2021City of Eagan 15:50:14R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 2/12/20212/8/2021 - Company Amount 277,980.1509001GENERAL FUND 25.0009115DWI Forfeiture 227.7309116CEDAR GROVE PARKING GARAGE 1,929.6609197ETV 151,689.5609220PUBLIC UTILITIES 1,317.8609221CIVIC ARENA 13,064.7209222CASCADE BAY 666.5809223CENTRAL PARK /COMMUNITY CENTER 198,680.3709335EQUIPMENT REVOLVING 1.0009353POLICE & CITY HALL REMODEL 6,000.0009372REVOLVING SAF-CONSTRUCTION 1,850.0909591RISK MANAGEMENT 3,375.7409592BENEFIT ACCRUAL 5,433.3009594Dental Self-insurance 20,607.7909695DAK CO DRUG TASK FORCE Report Totals 682,849.55 2/19/2021City of Eagan 9:22:34R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 2/19/20212/15/2021 - Company Amount 925,466.5109001GENERAL FUND 275.4209116CEDAR GROVE PARKING GARAGE 2,625.0009118MIF REVOLVING LOAN 15,262.0609197ETV 212,058.6109220PUBLIC UTILITIES 30,094.5309221CIVIC ARENA 7,004.1209222CASCADE BAY 38,274.8009223CENTRAL PARK /COMMUNITY CENTER 20,483.3309328PARK SYS DEV AND R&R 14.5209335EQUIPMENT REVOLVING 1,466.66-09337 COMMUNITY INVESTMENT 918,977.0109592BENEFIT ACCRUAL 38,167.0009593WORKERS' COMPENSATION SELF-INS 8,272.3209594Dental Self-insurance 74,969.2309695DAK CO DRUG TASK FORCE 227,667.6109880PAYROLL Report Totals 2,518,145.41 Agenda Information Memo  March 2, 2021, Eagan City Council Meeting      CONSENT AGENDA    D. Approve Contracts    Action To Be Considered:    To approve the ordinary and customary contract listed below.    Facts:     The contract listed below is in order for Council approval. Following approval,  the contract will be electronically executed by the Mayor and City Clerk.    Contract to be approved:     Joint Powers Agreement with Dakota County for Sentence to Service Program  work crews    Attachments: (0)    The contract is available from the City Clerk’s Office.  Agenda Information Memo March 2, 2021 Eagan City Council Meeting CONSENT AGENDA E. Approve final payment for contract to extend fiber to Deerwood Reservoir to MP Nexlevel, LLC and accept the improvements for perpetual City maintenance subject to warranty provisions. Action To Be Considered: E. Approve final payment for contract to extend fiber to Deerwood Reservoir to MP Nexlevel, LLC and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: This project extended fiber optic infrastructure from existing fiber along Johnny Cake Ridge Road to Deerwood Reservoir. On October 6, 2020, the City Council awarded the contract to MP Nexlevel, LLC for a contract amount of $36,486.54. A partial payment of $32,412.75 was made on 1/29/21. A change order to replace a part with additional site trip totaled $690.79. These improvements have been completed, tested, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Final payment of the contract will be in the amount of $4,764.58 to MP Nexlevel, LLC. Attachments: (0) Agenda Information Memo March 2, 2021, Eagan City Council Meeting CONSENT AGENDA F.Approve A Mutual Aid Agreement With The St. Paul Police Department Action To Be Considered: Approve a mutual aid agreement with the St. Paul Police Department for fire, flood, natural disaster, civil disturbance, or any other emergency that may occur within the jurisdictions. Facts: ➢The Eagan Police Department joined the East Metro Response Group, which was established by the St. Paul Police Department in preparation for the upcoming criminal trials involving police officers. ➢The agencies will assist one another should the need arise in their community. ➢This agreement establishes how reimbursement from Federal Emergency Management Agency (FEMA) or the State would work if funds become available. ➢The agreement also establishes practices for Workers Compensation, Damage to Equipment, liability and indemnification. ➢The Eagan City Attorney has reviewed the Mutual Aid Agreement. Attachments: (1) F-1 Agreement 1 MUTUAL AID AGREEMENT THIS MUTUAL AID AGREEMENT (“Agreement”) is made effective as of January 1, 2021, by and among the City of Saint Paul and the City of Eagan, political subdivisions of the State of Minnesota, pursuant to the provisions of Minnesota Statutes §471.59, the Joint Powers Act (“Agreement”). WHEREAS, The Parties (Saint Paul & Eagan) desire to be prepared to adequately address fire, flood, natural disaster, civil disturbance, or any other Emergency that may occur within the jurisdictions of the Parties; and WHEREAS, In order to protect the public peace and safety, and to preserve the lives and property of people in each jurisdiction, the Parties (Saint Paul & Eagan) agree to furnish Assistance to one another in the event of said emergencies. NOW, THEREFORE, The Parties (Saint Paul & Eagan) hereby agree to furnish Assistance to each other upon the terms and conditions set forth in this Agreement. I. Purpose The general purpose of this Agreement is to enable the Parties (Saint Paul and Eagan) and their respective law enforcement personnel to come to the aid of each party to this Agreement as permitted in Minnesota Statutes §471.59 and Minnesota Statutes §12.331. This Agreement is limited to the named Parties. II. Definitions The capitalized terms in this Agreement shall have the following meanings: Assistance means the provision of law enforcement personnel, services, equipment, supplies and related resources. Emergency means any disaster including, but not limited to, a multi-alarm fire; casualty involving the damage, collapse or destruction of private or public infrastructure; accident or incident involving one or more modes of transportation including, but not limited to air, rail, vehicular or watercraft; civil disorder or disturbance; release of contaminates or pollutants, hazardous substances or hazardous waste that necessitates the evacuation of occupants from structures or some defined geographic area; any quarantine or limitation on the movement of persons due to disease or threat to health and safety of the general population; any threat to national security; “Disaster” and “Emergency” as defined in Minnesota Statutes §12.03, subd. 2 & 3, respectively; and “Emergency” or “Major disaster” as defined in 44 CFR Sections 206.2(a)(9) and (17), respectively. 2 Incident Commander means the ranking peace officer designated by the Requesting Party to be responsible for overseeing the management of Emergency Responders and for the planning, logistics and finances at the field level during an Emergency. Party means a governmental unit as defined by Minnesota Statues, §471.59, Subdivision 1. “Parties” shall collectively mean more than one Party. Providing Party means the entity that provides mutual aid Assistance to the Requesting Party. Providing Official means the person designated by the Party who is responsible to determine whether and to what extent that Party should provide assistance to the Requesting Party. Requesting Party means the entity that requests mutual aid Assistance under this Agreement. Self-Deployment means deploying resources without a request for mutual aid Assistance from a Requesting Party. State means the State of Minnesota. III. Assistance A participating political subdivision may request Assistance (a “Requesting Party”) from the other participating subdivision (a “Providing Party”) to respond to an Emergency or as a participant in drills or exercises authorized under legislation or this Mutual Aid Agreement. A request for Emergency Assistance shall be made by a Requesting Party to a Providing Party by contacting the Providing Official or his/her designee. Requests may either be verbal or in writing. Any verbal requests will be followed by a written request made by the Requesting Party to the Providing Official or his/her designee as soon as practical or within such period of time as provided by law. Requests and responses to requests under this Agreement are limited to law enforcement personnel assistance services, equipment, supplies, and related resources. In the case of an Emergency for which a Requesting Party will seek reimbursement of costs from the Federal Emergency Management Agency (FEMA) or the State of Minnesota, the Requesting Party shall make the request for Assistance to each Providing Party and the Incident Commander shall monitor and oversee the documentation of the performance of Emergency work and the documentation of reasonable and reimbursable costs of a Providing Party in accordance with the FEMA Disaster Assistance Policy and will disburse the federal share of funds owed to a Providing Party. In response to a request for Assistance under this Agreement, a Providing Party may authorize and direct personnel to provide aid to a Requesting Party. The Providing Party shall provide personnel 3 who possess the required qualifications along with the equipment and supplies of the Providing Party to the Requesting Party at the discretion of the Providing Party within the scope of the a id deemed necessary by the Requesting Party and the Incident Commander. IV. Limitations A Party’s decision to provide Assistance in response to, or recovery from, an Emergency, or in authorized drills or exercise is subject to the following conditions: A.) A Party may withhold resources to the extent necessary to provide reasonable protection and services within its own jurisdiction. B.) A Party may recall Assistance at any time in the best interests of that Party. C.) Emergency response personnel of a Providing Party shall follow the policies and procedures of the Providing Party and will be under the Providing Party’s command and control but will follow the operational direction of the Incident Commander and be subject to the incident management system of the Requesting Party. D.) Assets and equipment of a Providing Party shall remain under the control of the Providing Party but shall be under the operational control of the Incident Commander within the incident management system of the Requesting Party. V. Compensation The Requesting Party and any Providing Party will each be responsible for its own costs and compensation for any Assistance arising from any Emergency that may occur during the Term of the Agreement. Unless the Emergency is eligible for reimbursement by FEMA, a Providing Party shall be responsible for the costs and compensation of its personnel, equipment and supplies. For an Emergency that is eligible for reimbursement of costs by FEMA, the labor force expenses of the Providing Party will be treated as contract labor, with regular time, overtime wages and certain benefits eligible for reimbursement. Notwithstanding the above paragraphs in this Section, a Requesting Party may reimburse a Providing Party that has provided Assistance pursuant to this Mutual Aid Agreement. The Providing Party seeking reimbursement from the Requesting Party for Assistance rendered under the terms of this Mutual Aid Agreement, may do so by submitting to the Requesting Party an itemized bill for the actual cost of any Assistance provided. The charges for Assistance provided pursuant to this Agreement will be based upon the actual costs incurred by the Providing Party, including salaries or wages, overtime, materials, supplies and other necessary expenses, except that the Parties agree that the Federal Emergency Management Agency equipment rates will be used as the basis for equipment charges whenever possible. 4 If a local, State, or federal Emergency is declared, and applicable funds become available, a Providing Party may charge a Requesting Party for Assistance rendered under the terms of this Agreement. The Providing Parties will submit to the Requesting Party an itemized bill for the actual cost of any Assistance provided as described above. The Requesting Party is responsible to take all steps it deems necessary to seek reimbursement from the United States of America, the State of Minnesota or other sources, to the extent that such reimbursement is available, for expenses it incurs for services provided pursuant to this Agreement. Should funding become available, the Requesting Party may reimburse the Providing Party to the extent possible under the terms of this Agreement. Any claims for reimbursement by the Providing Party must be made to the Requesting Party within 90 days after the expense is sustained or incurred. No Party will be responsible for the reimbursement of Self-Deployment costs. VI. Workers’ Compensation Each Party will be responsible for injuries or death of its own personnel. Each Party will maintain workers’ compensation insurance or a program of self-insurance covering its own personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue any other Party for any workers’ compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. VII. Damage to Equipment Each Party shall be responsible for damages to or loss of its own equipment used to respond to an Emergency under this Agreement. Each Party waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. VIII. Term of Agreement This Agreement shall be in full force and effect from January 1, 2021 through December 31, 2026, subject to Section XVI Withdrawal of Party/Termination of Agreement. IX. Liability and Indemnification For purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statues, §466), the employees and officers of a Providing Party are deemed to be employees (as defined in Minnesota Statues, §466.01, Subdivision 6) of the Requesting Party. The Requesting Party agrees to defend and indemnify the Providing Party against any claims brought or actions filed against the Providing Party or any officer, employee, or volunteer of the Providing Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of Assistance in responding to a request for Assistance by the Requesting Party pursuant to this Agreement. 5 Under no circumstances, however, shall a Party be required to pay on behalf of itself and the other Party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The limits of liability for one or both of the Parties may not be added together to determine the maximum amount of liability for any Party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify the Providing Party for claims arising within the Requesting Party’s jurisdiction subject to the limits of liability under Minnesota Statutes §466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. Neither Party to this Agreement or any officer of any Party shall be liable to the other Party or to any other person for failure of any Party to furnish Assistance to the other Party, or for recalling Assistance, both as described in this Agreement. Nothing in this Agreement is intended to prevent or hinder the pursuit of applicable State or federal benefits to personnel who respond or render Assistance pursuant to an Emergency request and sustain injury or death in the course of, and arising out of, their employment and response or Assistance under this Agreement. Providing Party shall not be responsible for any injuries, damages or losses arising from the acts or omissions of personnel of the Requesting Party and its officers, employees, agents and assigns. X. General Compliance Both Parties agree to comply with all applicable federal, State and local laws and regulations governing any services provided under this Agreement. XI. Accounting Standards and Retention of Records A.) Accounting – Both Parties agree to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices and as required by FEMA to properly account for expenses incurred under this Agreement. B.) Retention of Records - Both Parties will retain all records pertinent to expenditures incurred under this Agreement as required by the applicable records retention schedule. XII. Data Practices Both Parties agree to comply with the Minnesota Government Data Practices Act and all other applicable State and federal laws relating to data privacy or confidentiality. Each Party must immediately report to other Party any requests from third parties for information relating to activities performed pursuant to this Agreement. Each Party agrees to promptly respond to 6 inquiries from the other Party concerning data requests. Each Party agrees to hold the other Party, their officers and employees harmless from any claims resulting from unlawful disclosure or use of data protected under state and federal laws by the disclosing Party. XIII. Applicable Law The laws of the State of Minnesota shall govern all interpretations of this Agreement and any litigation which may arise under this Agreement. XIV. Non-Discrimination All Parties agree to comply with the provisions of all applicable federal and State statutes and regulations pertaining to civil rights and nondiscrimination including, without limitation, Minnesota Statutes §181.59 and §363A. XV. Withdrawal of Party/Termination of Agreement A.) Without Cause - Either Party may withdraw from this Agreement without cause upon thirty (30) days written notice to the designated recipients for the other Party. If withdrawal is without cause, the Party shall pay the withdrawing Party all reimbursements and payments to which it is entitled under this Agreement, to the date of withdrawal. Any withdrawing Party must also pay all obligations owed to any other Party under this Agreement, to the date of withdrawal. B.) For Cause - A Party may terminate this Agreement if another Party fails to perform in accordance with the provisions of this the Agreement in a proper and timely manner, or otherwise violates the terms of this Agreement. The non-defaulting Party shall have the right to terminate this Agreement, if the default has not been cured after ten (10) days written notice has been provided. C.) This Agreement shall terminate upon expiration of the Term or by mutual written agreement of both Parties in the form of a resolution by the Party’s governing body. XVI. Severability Should a court of competent jurisdiction rule any portion, section or subsection of this Agreement invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection; and all remaining portions, sections or subsections shall remain in full force and effect. 7 FOR THE CITY OF SAINT PAUL Approved _______________________________ Todd Axtell, Chief of Police Approved _______________________________ Melvin Carter, Mayor Approved _______________________________ John McCarthy, Director of Financial Services Approved _______________________________ Judy Hanson, Assistant City Attorney Designee for purposes of receipt of Notice: Title: Deputy Chief of Police, Community Engagement Division Address: 367 Grove Street, Saint Paul Minnesota 55101 FOR THE CITY OF EAGAN Approved _______________________________ ________________, Chief of Police Approved _________________________________ ________________, Mayor Approved _________________________________ ________________, City Administrator / City Manager Approved _______________________________ ________________, City Attorney Designee for purposes of receipt of Notice: Title: Chief of Police, Eagan Police Department Address: _______________________________________ Agenda Information Memo March 2, 2021, Eagan City Council Meeting CONSENT AGENDA G.Approve A Resolution Accepting A Donation From The Eagan Citizens’ Crime Prevention Association. Action To Be Considered: Approve a resolution accepting a $34,669.00 cash donation from The Eagan Citizens’ Crime Prevention Association (ECCPA) to support the purchase of a security camera system. Facts: ➢The Eagan Citizens’ Crime Prevention Association is forwarding a $34,669 donation to reimburse the City for expenses related to the purchase of an outdoor security camera system. ➢The cameras can be mounted in parks, parking lots, constructions sites, or areas where high numbers of thefts/vandalisms are reported. ➢The cameras can also be used to monitor activity during civil unrest or other events taking place in the city. ➢The City seeks approval to accept the donation. Attachments: (1) G-1 Resolution RESOLUTION NO. CITY OF EAGAN Accept Donation from the Eagan Citizens’ Crime Prevention Association 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 entity has offered to contribute the following donation set forth below to the City: Name of Donor Donation Eagan Citizens’ Crime Prevention Association $34,669 to use for the purchase of a security camera system WHEREAS, the donation has 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 donation offered. NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby accepts the donation described above. CITY OF EAGAN CITY COUNCIL By: _ Its Mayor Motion by: Seconded by: Those in favor: Those against: Date: March 2,2021 Attest: Its Clerk 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 2nd day of March, 2021. City Clerk Agenda Information Memo March 2, 2021 Eagan City Council Meeting CONSENT AGENDA H. Contract 21-10, 2021 Water Quality Improvements Action To Be Considered: Receive the bids for Contract 21-10 (2021 Water Quality Improvements) and award a contract to Minnesota Dirt Works for the base bid in the amount of $84,739.00 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 21-10 provides for routine maintenance of stormwater ponds including sediment removal and outlet improvements of two sites: o Project 1384, Wetland LP-40 Sediment Removal o Project 1385, Pond EP-4 Improvements as programmed for 2021 in the City of Eagan’s 5-Year Capital Improvement Program (2021-2025). ➢ The construction activity for said improvements has been designed to occur within existing public right-of-way, public property or easements. ➢ On February 2, 2021, the Council approved the plans and specifications for Contract 2 1- 10 and authorized the solicitation of competitive bids. ➢ On February 24, 2021, thirteen bid proposals were received (see attached summary). The low bid of $84,739.00, was 41.6% below the Engineer’s estimate of $145,000. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. ➢ The low bid of $84,739.00 from Minnesota Dirt Works has been found by Public Works Department (Engineering) to be in order for favorable Council action. Attachments (1) CH-1 Bid Summary BID SUMMARY 2021 WATER QUALITY IMPROVEMENTS CITY CONTRACT 21-10 Bid Date/ Time: 10:30 a.m., Wednesday, February 24, 2021 Contractors Total Base Bid 1. Minnesota Dirt Works $ 84,739.00 2. BKJ Land Co II DBA BKJ Excavating $ 92,360.00 3. Swan Companies $110,355.00 4. Standard Contracting $111,212.00 5. Rachel Contracting, LLC $112,112.00 6. Sunram Construction, Inc. $124,815.00 7. McNamara Contracting $126,104.50 8. G.F. Jedlicki, Inc $129,235.50 9. Meyer Contracting Inc. $132,814.25 10. New Look Contracting, Inc. $140,355.00 11. Lametti and Sons, Inc. $151,650.00 12. LinnCo, Inc. $159,518.95 13. Viet & Company, Inc. $170,381.00 Contract Low Base Bid Engineer’s Estimate % Over/Under Eng Estimate 21-10 $84,739.00 $145,000.00 -41.6% Agenda Information Memo  March 2, 2021, Eagan City Council Meeting  CONSENT AGENDA  I.Approve a resolution to accept a donation from Mark’s Towing, Inc. Action To Be Considered:  To approve a resolution to accept a donation from Mark’s Towing, Inc.   Facts:  State Statute requires the Mayor and City Council to accept donations to the City via a resolution. The City has received the following donation: o A vehicle from Mark’s Towing Inc. Attachments: (1)   CI‐1 Resolution RESOLUTION NO. _______ CITY OF EAGAN Accept a Donation from Mark’s Towing, Inc. 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 entity has offered to contribute the following donation set forth below to the City: Name of Donor Donation Mark’s Towing Inc. Vehicle WHEREAS, the donation 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 donation offered. NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby accepts the donation described above. CITY OF EAGAN CITY COUNCIL By: _________________________ Its Mayor Attest: _______________________ Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: March 2, 2021 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 2nd day of March, 2021. ____________________________ City Clerk Agenda Information Memo March 2, 2021, Eagan City Council Meeting CONSENT AGENDA J.Approve Final Subdivision and Final Planned Development – Associated Bank & Ryan Cos. Actions To Be Considered: To approve the Vacation of public easements on Lots 1 and 2, Block 1 Town Centre 100 Second Addition. To approve a Final Subdivision (Town Centre 100 Twenty-First Addition) to create two (2) lots upon 3.35 acres located at 1260 and 1270 Yankee Doodle Road, currently legally described as Lots 1 and 2, Block 1, Town Centre 100 Second Addition. To approve a Final Planned Development to allow an approximately 34,500 square foot retail grocery store, and an approximately 2,800 square foot bank with drive-through facility on approximately 3.35 acres on the southeast corner of Yankee Doodle Road and Denmark Avenue, for Lots 1 and 2, Block 1, Town Centre 100 Twenty-First Addition. Required Vote For Approval: Majority of Councilmembers present Facts: This item appeared on the February 16, 2021 City Council agenda. A public hearing was held on the request to Vacate Easements, and the Final Subdivision and Final Planned Development were postponed to the March 2, 2021 City Council agenda. New and updated information appears in bold. Easement Vacation On January 6, 2021, City staff received a petition from Mr. Chad Lockwood, representing Ryan Companies, requesting the vacation of public easements located at 1270 and 1260 Yankee Doodle Road, south of Yankee Doodle Road and east of Denmark Avenue, in central Eagan. The purpose of the request is to vacate existing public easements to facilitate the Associated Bank redevelopment and re-platting of the properties. The existing easements were originally dedicated as part of the existing plat, at no cost to the City. The sidewalk and trail easement was recorded by separate document, also at no cost to the City Drainage and utility easements will be re-established or dedicated along the reconfigured property lines through the recording of the new plat (Town Centre 100 Twenty First Addition). Additionally, a Dakota County trail easement will be provided along the north property line, and a City of Eagan trail easement will be provided along the south property line. Both easements will be dedicated at no cost to the City. A public hearing was held on February 16, 2021, and action continued to coincide with approval of the new plat. This vacation request has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. Final Subdivision and Final Planned Development The Preliminary Planned Development and Preliminary Subdivision were approved on November 17, 2020. The property is located on the southeast corner of Yankee Doodle Road and Denmark Avenue. The Final Subdivision creates two lots upon approximately 3.5 acres. The final development plans and plat have been reviewed by staff and are substantially consistent with the preliminary approvals. Some of the adjustments for the Final Planned Development addressing the conditions of preliminary approval include: o The canopy on the west and north sides of the building was replaced with a soldier course of brick flush with the building to eliminate projections over the easement area. o Some of the EIFS material was replaced with brick on the west elevation to increase the amount of Class I materials. o Relocating the generator, trash compactor and trash enclosure within the service area, resulting in trash storage being detached from the principal building, and adding a screen wall for the exterior cart storage. o On-site ash trees are to be removed; mitigation is satisfied through a combination of on-site planting and cash dedication. o Easement Agreements for shared ingress/egress, parking, signage, and for the public trail are provided. Dakota County has reviewed the Final Plat and okayed it for mylars. All documents and agreements are in order for execution at the City Council meeting on March 2, 2021. Issues: None Attachments: (5) CJ-1 Location Maps CJ-2 Graphic – Easement Vacation CJ-3 Legal Description – Easement Vacation CJ-4 Final Plat CJ-5 Contracts and Agreements BLOOMINGTONMENDOTA HEIGHTS APPLE VALLEY ROSEMOUNT INVER GROVEHEIGHTS§¨¦494 §¨¦35E §¨¦35E §¨¦35E $+32 $+32 !(43 !(43 !(28 !(28 $+26 $+26 $+31 $+31 $+31 !(30 !(30 !(30 ÕÇ13 ÕÇ13 ÕÇ55 ÕÇ55 ÕÇ149 ÕÇ149 ÕÇ149 ÕÇ3 ÕÇ3 ÕÇ77 CLIFF RD DIFFLEY RD YANKEE DOODLE RD HW Y 1 4 9 LEXINGTON AVEPILOT KNOB RDHWY 77HWY 13I - 35EHWY 5 5 PILOT KNOB RDCLIFF RD LONE OAK RD CORPORATE CENTER DR. CORPORATE CENTER CUR. TRAPP RD. EAG. INDUST. RD. EA G . I N D U S T . R D .WEST SERVICE RD.EAGANDALECT.CENTERCT.EAGANDALEBLVD B L U EGE N TIAN ROAD VIKING S P ARKWAY CO M M ERSDR.WATERS R D.LON E OA KPKWY.LONE OAK D R. COURTHOUSELN.HOLIDAY LN.APOLLO RD. ALDRIN DR.MIKE COLLINS DR.LUNARLN.GEMINI RD.NEIL ARMSTRONG BLVD.LONE OAKCIRAMESCROSSINGR O AD O'NEILL DR OPPERMAN DR.DODD RD .PROMENADEAVE.CLUBVIEW DR.DENMARK AVE.DENMARK AVE.YANKEE PL.O'LE A R Y LNTOWNCENTRED RIV E DUCKWOOD DR.FEDERAL DR.CENTRALP A R K W A Y HIGH SITE DR. NORWEST DR. 81ST ST. W A SHNTNDR.FOUROA KS RD.COACHMAN RD.MEADOWVIEW RD. ALEXA N D E R R D .TERMINAL DR.YANKEE DR.C O M A N C H E R D . SH A W N E E R D . SEN E CARD.KENNEBEC DR.NIC O L S R D . SILVER BELL RD.CEDAR GROVE PKWY.NICOLS RD.ERIN DR.OLD SIB HWY.OLD SIB MEM HWY.RAHN RD.CLIFF L AKERD.SLATER RD.RAHN WAY RAH N CLIFFCT.BLACKHAWK RD.BLACKHAWK RD.GALAXIE AVE.JOHNNY CAKE RIDGE RD.THO M A SLAKERD.THOM.CE N T E R DR .WILD E R NESSRUNRD.DEER W OOD DR. NORTHVIEW PARK RD. WESCOTT RD.DODD RD.E L R E NERD. DO D D R D . RED PINE LN. NORT H W OODPKWY.MN Hw y 7 7 Cliff Road (Co. Rd. 32)Lexington Ave (Co Rd 43)Blackhawk Rd.Dodd Rd.Butwin Road Deerwood Dr. Wilderness Run Rd Duckwood Dr.Rahn RoadGalaxie Ave.Elr e n e R o a d Northview Park Rd. Yankee Doodle Rd. (Co. Rd. 28) Elrene Rd.JohnnyCakeRdgRd.Town Center Dr. Tho m a s LakeRd.Slater Rd.Braddock Tr.Federal DrivePilot Knob Road (Co. Rd. 31)CliffLakeRd.Cedar Grove Pkwy.Lon e O a k D r . Silver Bell Rd. Lexington Pt. Pkwy. N orth w oodPa r k w ay Crestridge Dr.Dodd RoadTowerview Rd.Denmark AveWescott Road Nicols Rd. Cliff Road (Co. Rd. 32) Lone Oak Rd. (Co. Rd. 26) Vikings P k wy. R edPin e Ln. Diffley Road (Co. Rd. 30) I-494 MN H W Y 5 5 MN HWY 149MN HW Y 1 4 9 MN HWY 5 5 Map of Location for ProposedEasement VacationsLots 1 & 2, Block 1Town Centre 100 2nd Addition q Date: 1/11/2021L:\USERS\PUBWORKS\Engineering\T Strid Location of ProposedEasement Vacations R-OAD Central Park Park EAGAN Location MaQ Project Name: Associated Bank/ Ryan Companies Request: Final Subdivision and Final Planned Development Map Area Extent l i j .•--·· :"'} I 0 I /ff) I Lo.!!£..O_ai<.8d-----! ,,. ir�--� 6 N I I Feet 500 1,000 TOWN CENTER DRIVEDENMARK AVENUE DAKOTA COUNTY ROAD NO. 28 (YANKEE DOODLE RD)BLOCK 1LOT 1LOT 2DRAINAGE & UTILITY EASEMENTPER THE PLAT OF TOWN CENTRE100 SECOND ADDITIONDRAINAGE & UTILITY EASEMENTPER THE PLAT OF TOWN CENTRE100 SECOND ADDITIONDRAINAGE & UTILITY EASEMENTPER THE PLATS OF TOWN CENTRE100 FIRST ADDITION & TOWN CENTRE100 SECOND ADDITIONSIDEWALK AND TRAIL EASEMENTPER DOC. NO. 692806SIDEWALK AND TRAIL EASEMENTPER DOC. NO. 692806SIDEWALK AND TRAIL EASEMENTPER DOC. NO. 692806SIDEWALK AND TRAIL EASEMENTPER DOC. NO. 692806SIDEWALK AND TRAIL EASEMENTPER DOC. NO. 692806 ROADWAY AND UTILITY EASEMENT PER DOC. NO. 1420456 ROADWAY AND UTILITY EASEMENT PER DOC. NO. 1420456 ROADWAY AND UTILITY EASEMENT PER DOC. NO. 14204565.0015.005.0015.005.0015.0015.0015.00ROADWAY AND DRAINAGE &UTILITY EASEMENT PER DOC. NO. 1373742& ROADWAY AND UTILITY EASEMENT PERDOC. NO. 1435957DRAINAGE & UTILITY EASEMENTPER THE PLATS OF TOWN CENTRE100 FIRST ADDITION & TOWN CENTRE100 SECOND ADDITIONDRAINAGE & UTILITY EASEMENTPER THE PLATS OF TOWN CENTRE100 FIRST ADDITION & TOWN CENTRE100 SECOND ADDITIONDRAINAGE & UTILITY EASEMENTPER THE PLATS OF TOWN CENTRE100 FIRST ADDITION & TOWN CENTRE100 SECOND ADDITIONN:\0013478.00\DWG\SURVEY\0013478SKF01.DWG 01/05/21EAGAN, MINNESOTAEAGAN ASSOCIATED BANK533 SOUTH THIRD STREET, SUITE 100MINNEAPOLIS, MINNESOTA ,55415Easement Vacation Sketch11OF.NHCBTWRYAN COMPANIES US, INC.DATE:PREPARED FOR:Phone(952) 937-515012701 Whitewater Drive, Suite #300Fax(952) 937-5822Minnetonka, MN 55343Toll Free(888) 937-5150SHEET NUMBER:FIELD WORK DATE:..FIELD CREW:DRAWN:CHECKED:DESIGNED:0'50'100'© 2021 Westwood Professional Services, Inc.Common Ground AllianceCall 48 Hours before digging:811 or call811.comPROJECT NUMBER: 0013478.00- DENOTES DRAINAGE & UTILITY EASEMENT PER THE PLATS OF TOWN CENTRE 100 FIRST ADDITION & TOWN CENTRE 100 SECOND ADDITION- DENOTES SIDEWALK AND TRAIL EASEMENT PER DOC. NO. 692806- DENOTES ROADWAY AND DRAINAGE & UTILITY EASEMENT PER DOC. NO. 1373742 & ROADWAY AND UTILITY EASEMENT PER DOC. NO. 1435957- DENOTES ROADWAY AND UTILITY EASEMENT PER DOC. NO. 1420456   Easements to be Vacated: SIDEWALK AND TRAIL EASEMENT PER DOC. NO. 692806 That portion of the sidewalk and trail easement, dedicated per Document Number 692806, on file with office of the County Recorder, Dakota County, Minnesota lying within Lots 1 & 2, Block 1, Town Centre 100 Second Addition, according to the recorded plat thereof, said Dakota County. DRAINAGE & UTILITY EASEMENT PER THE PLATS OF TOWN CENTRE 100 FIRST ADDITION & TOWN CENTRE 100 SECOND ADDITION All the public drainage and utility easements as dedicated by the plat of Town Centre 100 First Addition, according to the recorded plat thereof, Dakota County, Minnesota, which lie within Lots 1 & 2, Block 1, Town Centre 100 Second Addition, according to the recorded plat thereof, said Dakota County. All the public drainage and utility easements as dedicated by the plat of Town Centre 100 Second Addition, according to the recorded plat thereof, Dakota County, Minnesota, which lie within Lots 1 & 2, Block 1, said Town Centre 100 Second Addition. ROADWAY AND DRAINAGE & UTILITY EASEMENT PER DOC. NO. 1373742 & ROADWAY AND UTILITY EASEMENT PER DOC. NO. 1435957 That portion of the roadway and drainage and utility easement, dedicated as Document Numbers 1373742, on file with office of the County Recorder, Dakota County, Minnesota lying within Lots 1 & 2, Block 1, Town Centre 100 Second Addition, according to the recorded plat thereof, said Dakota County. That portion of the roadway and drainage and utility easement, dedicated as Document Numbers 1435957, on file with office of the County Recorder, Dakota County, Minnesota lying within Lots 1 & 2, Block 1, Town Centre 100 Second Addition, according to the recorded plat thereof, said Dakota County. ROADWAY AND UTILITY EASEMENT PER DOC. NO. 1420456 That portion of the roadway and utility easement, dedicated as Document Number 1420456, on file with office of the County Recorder, Dakota County, Minnesota lying within Lots 1 & 2, Block 1, Town Centre 100 Second Addition, according to the recorded plat thereof, said Dakota County. nrVIrlAl PI AT TOWN CENTRE 100 TWENTY FIRST ADDITION diRE OhAVE r/ I VICINITY MAP (NOTTOSCALE) CODNIYROAD N0.2H - - 7 x FT I ,[SITE 1 "Io LZ- _ SEC.7lON 15, TOWNSHIP 27, RANGE 23 x 1 INCH = 30 FEET v 30' 60' 90' SCALE IN FEET —e— DENOTFSRESTIKTEDAO=TODAKOTACOUNry PER IHE DAKOTACOUNry CONTIGUOUS PIATORD,NANCE O SETT/2'2YWlRONAPEWIIHCAPNO.4S873 • FOUND MONUMEMAS NOTED ON SURVEY 96WIN6SAREHASEDUPONTHENORTHUNEOFTHFNWI/4,SEG 15,T. 27, R 23, WHICH HAS A B6LRING OF SOUTH 49 DEGREES db MINUTES. AN0495ECONDS WEST. Westmod Pfvft�l Smkm Im L)rI IA/ ��I AT AI/1 7v—�� i IVII vL-1 I 11l/Vv I LJ -1 1 I vV. I 00-4 '1 � ROAO i.�0 23 I�'".:(.EE DOODLE Ru! 9.(-tuOOv,4r un ln ii AVIDTHYARIES) CHB=S88'41'18"W ,---DAKOTA COUNTY ROAD NO. 28 `=2'0'•'7 (YANKEE DOODLE RD) A=2'08'53" R=11409.76 L=427.74 Ne 37.97 N89'46 41"E 37.97 15.98'♦`` -_ • �PKN41G V c - NssdserF 4u.65 A e A e e o a e e-- o A ♦ e DA9B o ' ♦ -- :�- 1- ----__- -- BH Tj NM'46'S6'E - - - - - - - -----------------------------------Ir ID ET. TRAIL DRNNA EAfWM PR DOC I GE B: UHlfIY I I S NO. I I II ,>-10 FT. 5 I FASFMFNT I I TRA1 RAINRGE&UTILHY IS PER DOC N0. 1 I I I I I I I I LL.L'30 I I I I I 1 I I I I 3la 1 ' 2 I W I I �$ I I I I BLOCK $ I �-�:-DAAINAGE&UDLIlYEASEMENT-��-. I I it T 4 M N89'IH93'E 12A7R L -V I nT 1. I V I A I ^1--\ITI/l Al AVVI 1 !v1 v I_ I --919/91 /. nIT�1I U0 �'�_ "L_Iv11�L_ I I I ( 549'28'43'W ,60H � I vvvly I I 11 N� ORAINAGE8:1?IN,'FASEM£NT ter_ 3 ,,I `♦, `` - I �'-OR4INAGE&URUIYFAS£M£M-�'= 1 0- ♦ SH9.4C42'W 134.0 ♦ i i o 1 I Z 1 1 J � PK Nat �_ TOWN CENTRE DRIVE 17142 30253 - S69'46'42"W 473.93 diRE OhAVE r/ I VICINITY MAP (NOTTOSCALE) CODNIYROAD N0.2H - - 7 x FT I ,[SITE 1 "Io LZ- _ SEC.7lON 15, TOWNSHIP 27, RANGE 23 x 1 INCH = 30 FEET v 30' 60' 90' SCALE IN FEET —e— DENOTFSRESTIKTEDAO=TODAKOTACOUNry PER IHE DAKOTACOUNry CONTIGUOUS PIATORD,NANCE O SETT/2'2YWlRONAPEWIIHCAPNO.4S873 • FOUND MONUMEMAS NOTED ON SURVEY 96WIN6SAREHASEDUPONTHENORTHUNEOFTHFNWI/4,SEG 15,T. 27, R 23, WHICH HAS A B6LRING OF SOUTH 49 DEGREES db MINUTES. AN0495ECONDS WEST. Westmod Pfvft�l Smkm Im DEVELOPMENT CONTRACT BY AND BETWEEN THE CITY OF EAGAN AND RYAN COMPANIES US, INC. AND 1260 YANKEE DOODLE ROAD, LLC FOR THE DEVELOPMENT OF TOWN CENTRE 100 TWENTY-FIRST ADDITION THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER, P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 (RBB: 206-43454) THIS AGREEMENT, made and entered into the day of , 2021, by and between the City of Eagan, a Minnesota municipal corporation, ("City"); Ryan Companies US, Inc., a Minnesota corporation ("Ryan"); and 1260 Yankee Doodle Road, LLC, a Wisconsin limited liability company ("1260"). Ryan and 1260 are hereinafter collectively referred to as "Developer/Owner"). WHEREAS, the Developer/Owner has applied to the City for approval of the plat or subdivision known as Town Centre 100 Twenty -First Addition located within the City; and WHEREAS, the City approved the plat on condition that the Developer/Owner enter into this contract and furnish the security required by it; NOW, THEREFORE, the City and Developer/Owner agree as follows: SECTION I DEFINITIONS 1.1 Definitions. In this instrument the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof clearly requires otherwise: Architect - RSP Architects Ltd., registered professional architects licensed to practice in the State of Minnesota. City - The City of Eagan, a Minnesota municipal corporation. City Code - The codification of the ordinances of the City of Eagan. Contract - This Agreement and the terms and conditions contained herein. Contract Management Account - Account with the City of Eagan established by the Developer/Owner as part of the Development Deposit Agreement to cover inspection and other administrative costs to the City in connection with the 1 improvements to or for the Subdivision to be installed or constructed by Developer/Owner. Developer/Owner- Ryan Companies US, Inc., a Minnesota corporation and 1260 Yankee Doodle Road, LLC, a Wisconsin limited liability company. Development - The subdivision of the Property and the installation and construction of all Improvements required in order to make the Property suitable for the Developer/Owner's intended use, as approved by the City. Development Manager - Patrick Daly whose address is 533 S. Third Street, Suite 100, Minneapolis, Minnesota 55415, and who is hereby authorized by the Developer/Owner to address any and all concerns of the City in regard to the Development and is also designated by the Developer/Owner to receive any and all notices, official or otherwise, from the City as required by this Contract. Engineer - Chad H. Lockwood, MN Registration No. 44986, a registered professional engineer licensed to practice in the State of Minnesota. Financial Guaranty - Cash collateral and/or letter of credit as approved by the City of Eagan to guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of Special Assessments, construction of all improvements and payment of the cost of all improvements. Improvements - Improvements required to make the Property suitable for the Developer/Owner's intended purposes, to be done according to the required plans submitted to the City, such improvements to include, but not limited to: grading and drainage; sanitary sewer system; water system; storm sewer; storm water retention ponds; streets; concrete curb and gutter; street signs; street lights; utilities and all related appurtenances; wetland delineation; landscaping; tree preservation; tree loss mitigation; surveying; staking; setting of lot and block monuments, and parkland boundaries, mailbox supports and trails and sidewalks, if applicable. 2 Insurance - Public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer/Owner's work or the work of Developer/Owner's subcontractors or by one directly or indirectly employed by any of them. Landscape Architects - David H. Patten, MN Registration No. 41458, a registered professional landscape architect licensed to practice in Minnesota. Plat - The subdivision of the Property into lots and blocks, easements, streets and public right-of-ways as shown on the attached Exhibit "A " and subject to the conditions attached hereto as Exhibit `B' Permit to Proceed - A written letter issued by the City setting forth that all conditions precedent to Development have been satisfied and that the Developer/Owner may proceed with construction of the Improvements. Property - Land located in the City of Eagan, County of Dakota, State of Minnesota, which is subject to being subdivided by the Developer/Owner into the Plat shown on Exhibit "A " attached hereto. Public Improvements - Any type of improvement as defined by Minnesota Statutes §429.011 et al., which will be maintained and owned by the City. Special Assessments - All costs for -improvements installed by the City of Eagan under the Public Improvement Project which are to be or have been levied against the Property. Standards - Requisite guidelines adopted by the City of Eagan as amended from time to time, including but not limited to the Master Sanitary Sewer and Water Plans; Storm Sewer Plans; Transportation Plans; Soil Erosion Control Plans; Landscaping Plans; and Engineering Standards' et al; Water Quality Management Plans, on file with the City of Eagan at City Hall. Subdivision - The separation of property into lots and blocks as approved by the City Council, upon the compliance with (i) all conditions and requirements of applicable 3 regulations and (ii) conditions and requirements upon all which preliminary approval is expressly conditioned. Surveyor - Nathan H. Carlson, MN License No. 45873, a registered land surveyor licensed to practice in the State of Minnesota. SECTION II PLAT APPROVAL 2.1 Commencement of Improvements. Within the Plat or Property to be platted, the Developer/Owner may not commence Improvements, other than any grading permitted under Section 4.3 of the City Code, until all the following conditions have been satisfied: A) The necessary Financial Guaranty has been received and accepted by the City. B) The City has received evidence that the Plat has been filed with Dakota County. C) The City has issued a Permit to Proceed. 2.2 Insurance. The Developer/Owner shall take out or cause to be taken out ' and maintain, until six (6) months after the City has accepted the Public Improvements, a policy of Insurance with limits for bodily injury and death of not less than $500,000.00 per person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $500,000.00 for each occurrence; or a combination single limit policy of $1,000,000.00 or more. The Developer/Owner shall file with the City a certificate evidencing coverage and naming the City and its officers and agents as additional insureds, prior to the City signing the Plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. 2.3 Intentionally deleted. 2.4 Effect of Subdivision Approval. For two years from the date of this Contract, no amendments to the City's Comprehensive Guide Plan or Official Controls shall apply to or affect the 11. use, development density, lot size, lot layout or dedications of the Plat, unless required by state or federal law or agreed to in writing by the City and Developer/Owner. Thereafter, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. SECTION III DEVELOPMENT PLAN 3.1 Required Plans. The Plat shall be developed in accordance with the following designated plans, which plans form a part of this Contract; however, the plans are not attached to this Contract. The following plans must have been prepared by Developer/Owner's Engineer, Architect, Landscape Architects, and/or Surveyor with duly noted certification thereon, and shall have been submitted and approved by the City. If the plans vary from the written terms of this Contract, the written terms shall control. The plans submitted for this Plat are: Plan I - Plat, prepared by: Nathan H. Carlson, MN License No. 45873. Plan II - Removals Plan dated February 4, 2021, prepared by: Chad Lockwood, MN License Plan III - Erosion Control Plan dated February 4, 2021, prepared by: Chad Lockwood, MN License No. 44986. Plan IV - Grading Plan dated February 4, 2021, prepared by: Chad Lockwood, MN License Plan V - Landscaping Plan dated February 4, 2021, prepared by: David W. Patten, MN Registration No. 41458. Plan VI - Utility Plan dated February 4, 2021, prepared by: Chad Lockwood, MN License 5 Plan VII - Tree Preservation Plan dated February 4, 2021, prepared by David H. Patten, MN Registration No. 41458. 3.2 Plan Requirements. All the plans referred to herein as prepared by the Engineer, Architect, Landscape Architect and/or Surveyor must be in conformance with the Standards adopted by the City. Submission of the required plans by the Developer/Owner shall act as a representation by the Developer/Owner that the plans are designed properly and that the Improvements will properly function as designed. 3.3 Permits. It is the responsibility of the Developer/Owner to determine and obtain prior to the issuance of the Permit to Proceed all the necessary approvals, permits, and licenses from the City of Eagan; Minnesota Department of Transportation; County Highway Department; Board of Soil and Water Resources; railroads; utility companies; Minnesota Department of Natural Resources; Army Corp of Engineers; Minnesota Pollution Control Agency; Metropolitan Council; Minnesota Department of Health and any other regulatory or jurisdictional agency affected by or having jurisdiction over the Improvements required for this development. Any design requirements of such agencies shall be determined prior to completion and incorporated into the plans and specifications. All costs incurred to obtain said approvals, permits, and licenses and also all fines or penalties levied by any agency due to the failure of the Developer/Owner to obtain or comply with the conditions of such approvals, permits, and licenses shall be the sole responsibility of the Developer/Owner. The Developer/Owner agrees to defend and hold the City harmless from any action initiated by a regulatory agency resulting from any failure of the Developer/Owner. The Developer/Owner is required to obtain a General Storm Water Permit for Construction Activity from the Minnesota Pollution Control Agency (MPGA). This permit shall remain in full force and effect during the course of development and until the Developer/Owner files a Notice of 0 Termination of the permit with the MPCA. The Notice of Termination shall not be filed until all grading and temporary/ permanent erosion control measures required by the MPCA and the City, and set forth in the Grading & Erosion Control Plan. SECTION IV PERFORMANCE OF IMPROVEMENTS 4.1 General. All Improvements to the Property by or on behalf of the Developer/Owner shall be done in conformance with this Contract; state statutes and regulations; and the City Code and Standards promulgated thereunder. It is understood and agreed that the failure of the City to promptly take action to enforce this Contract, State Statutes, the City Code and/or Standards will not act as a waiver or release of any rights of the City. 4.2 Completion Dates. Improvements required shall be completed no later than the following dates: Item: Date: a) Site Grading July 1, 2022 b) Restoration and Soil Stabilization July 1, 2022 c) Right -of -Way Site Survey Pins July 1, 2022 d) Subdivision Lot(s) Corner Pins July 1, 2022 e) Utilities (sanitary, water, storm sewer) July 1, 2022 D Infiltration Basins Prior to issuance of C.O. g) Soil Loosening and amendments Prior to issuance of C.O. h) Parking lot curb & gutter and paving and trail constr. Prior to issuance of C.O. i) Landscaping & tree mitigation Prior to issuance of C.O. Should the Developer/Owner fail to finish each designated item by the designated date, the Developer/Owner shall pay and reimburse the City for all additional costs incurred by the City as a result of such failure. Any extension to the above noted completion dates must be approved by City Council Resolution and shall be conditioned upon updating the Financial Guaranty posted by the Developer/Owner to reflect any additional costs. 7 4.3 Preconstruction of Improvements Meeting. Upon the securing of all Permits required in Paragraph 3.3 and the payment of all escrows and money deposits required by the City, the Developer/Owner shall coordinate a preconstruction meeting with the City Staff at a mutually agreeable time at City Hall to include the Development Manager, to review the program for construction of the Improvements and to assure that all required Standards have been satisfied. 4.4 Erosion Control & Stormwater Management. Before the site is disturbed, and any utility construction is commenced or building permits are issued, the Erosion Control Plan (Plan II), shall be implemented by the Developer/Owner and inspected by the City. The City or its designated agent may, in their reasonable discretion, impose additional reasonable erosion control requirements for maintenance purposes as identified to the extent required by the Standards. All areas disturbed by grading, excavation and backfilling operations shall be restored in accordance with the Restoration Plan (Plan II) within fourteen (14) days after the completion of the work in that area, but no later than the date set forth in Paragraph 4.2. The parties recognize that time is of the essence in controlling erosion. If the Developer/Owner does not comply with the Erosion Control Plan or the supplementary instructions imposed by the City or its designated agent, in conformance with its Standards, the City may take such action as it deems appropriate to control erosion. Except in cases of emergency, the City will notify the Developer/Owner three (3) days in advance of any proposed action, but failure of the City to do so will not affect the City's rights or Developer/Owner's obligations hereunder. The Developer/Owner shall reimburse the City for all related costs the City incurred for such work within ten (10) days of notice by the City of the actual costs paid by the City. The City may draw on the Financial Guaranty to pay all related costs. No Development and related activity shall be allowed, and no building permits will be issued until the Property is in full compliance with the erosion control requirements. E'� Within thirty (3 0) days after completion of the grading and before the City releases the security, the Developer/Owner shall provide the City with an "as constructed" Grading Plan certified by a registered land surveyor or engineer that all stormwater management facilities (for runoff rate control and water quality treatment), swales, and ditches have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) Cross sections of stormwater management facilities, b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches and installed "conservation area" posts, and c) lot corner elevations and house pads. The City will withhold issuance of building permits until the approved certified Grading Plan is on file with the City and all erosion control measures are in place as reasonably determined by the City Engineer. City approval of the Grading Permit shall not be unreasonably withheld. 4.5 Subdivision Lot Corners. Within one (1) year from the date of this Contract, the Developer/Owner shall verify by written notice to the City that all Subdivision lot corner pins have been installed. 4.6 Performance. The Developer/Owner shall instruct its Engineer to provide adequate field personnel to assure an acceptable level of quality control. The Engineer must be able to certify to the City that the installed Improvements meet the City Standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer/Owner's expense, have one or more City inspectors and/or civil engineers inspect the work on a full or part time basis. The Developer/Owner, its managers, engineers, contractors and sub -contractors shall follow all instructions received from the City or its designated agents. 9 4.7 License. The Developer/Owner hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections required or permitted to be performed by the City under this Contract in conjunction with the Development. 4.8 Occupancy. No occupancy of any building in said plat shall occur until water and sanitary sewer and storm sewer/drainage/management facilities and public access with a minimum of gravel base and curb and gutter have been installed, inspected and deemed available for use by the City. The Developer/Owner shall be responsible to maintain reasonable access to any occupied building, including street maintenance such as grading, graveling, patching and snow removal and ice control prior to City acceptance of ownership pursuant to Paragraph 5.3. SECTION V INSPECTIONS AND COMPLETION 5.1 Inspection. The City or its designated agent shall periodically inspect the Improvements installed by the Developer/Owner, its contractors, sub -contractors or agents. Any inspections made pursuant hereto shall be done for the sole benefit of the City; however, such reports shall be delivered to the Development Manager within a reasonable time following inspection. The Developer/Owner hereby waives any right to rely on or to be assured of any approval by reason of any inspection. The Developer/Owner, its contractors, and sub -contractors shall follow all reasonable instructions received from the City or its designated agents covered, to allow the City an opportunity to inspect the Improvement work. The Developer/Owner shall notify the City Public Works Department at least two (2) full working days prior to the commencement of the site grading operation, laying of utility lines, sub -grade preparation, infiltration chamber over - excavation, the laying of gravel base or bituminous surfacing for street construction or any other Improvement work which shall be substantially buried or covered, which notice may be by email. Should the Developer/Owner fail to timely notify the City to allow the City to inspect the work, the 10 City may at the City's option, require the Developer/Owner to uncover and/or replace or reconstruct any of the before -mentioned work in such a manner so as to provide the City with an opportunity for inspection. 5.2 Completion. Within thirty (30) days after completion of the Improvements, the Developer/Owner shall supply the City with a complete set of reproducible As -Built plans in accordance with City Standards. Likewise, the Developer/Owner shall give written notice within thirty (30) days of the completion of Improvements, that the Improvements have been completed in substantial accordance with the City Code, Standards and the plan and specifications on file with the City. The City shall then inspect the Improvements and notify the Developer/Owner of any Improvements that do not conform to the City Code, Standards and/or the submitted plans and specifications. If Developer/Owner's Improvements do not conform to the City Code, Standards and submitted plans and specifications or are later discovered to not conform, the City shall immediately notify the Development Manager of the need for repair or replacement. The City may, in cases of emergencies, proceed to cure the default by Developer/Owner, the Developer/Owner hereby waiving any and all rights to notice of default. Any cost incurred by the City to cure the default shall be the financial obligation of the Developer/Owner, and shall be paid to the City within thirty (30) days of receipt of a bill for such costs. 5.3 Ownership and Acceptance of Public Improvements. After satisfactory completion of the Improvements and verification by the City personnel that the work and construction required by this Contract complies with all codes, Standards and approved plans, and upon acceptance by the City Council, the Public Improvements lying within public easements and right-of-ways shall become City property. 11 5.4 Clean-up. The Developer/Owner shall clean dirt and debris from streets, storm water conveyance systems, (including sumps), stormwater management facilities (for runoff rate control and water quality treatment), wetlands and adjoining property that resulted from construction work by the Developer/Owner, its agents or assigns. SECTION VI FINANCIAL GUARANTY 6.1 The Amount. The final Subdivision shall not be approved and no work shall be commenced under this Contract until the Developer/Owner has deposited with the City a Financial Guaranty in the total amount of One Hundred Two Thousand Ninety and No/100 Dollars ($102,090.00) securing the full performance of this Development Contract. The Developer/Owner shall furnish the City with the Financial Guaranty from a bank or lending institution reasonably acceptable to the City. The amount of the Financial Guaranty was calculated as follows: A - IMPROVEMENTS Item Amount Lot Corners $ 300 Mail Box Support Structures $ Erosion Control / Restoration $ 129000 R/W Grading $ Infiltration Basins $ 35M00 000 Landscaping $ 28,513 Tree Mitigation $ 4,812 Tree Preservation $ 35525 B - PUBLIC IMPROVEMENTS Item Amount Curb & Entrance Repairs $ 6,000 Storm Sewer Disconnect / Abandonment $ 1,800 Trail Repairs $ 61000 Legal, Financial and Engineering $ 4,140 TOTAL A + B Improvements $102,090 12 This breakdown is for historical reference only. It is not a restriction on the use of the Financial Guaranty. 1260 or financial institution and the form of the Financial Guaranty shall be subject to the approval of the City Finance Director and City Attorney, which approval shall not be unreasonably withheld. 1260 or financial institution must have a business office for presentment of the Financial Guaranty within the Minnesota seven county Metropolitan Area. The City may draw down the Financial Guaranty to pay for all costs and expenses incurred by the City to enforce this Contract including the costs incurred by the City in connection with the collection of the Financial Guaranty. Such costs to include any remediation or completion of Improvements. If the Financial Guaranty is drawn down, the proceeds shall be used to cure the default and, to the extent possible, reimburse the City its costs and expenses associated with such cure. 6.2 Terms. The Financial Guaranty may be for a stated term provided it is automatically renewable. The City may draw on the Financial Guaranty, without notice, after an Event of Default has occurred under this Contract, which has not been remedied within any applicable cure period or upon receiving notice that the Financial Security will be allowed to lapse. If the required Improvements are not completed at least thirty (30) days prior to the expiration of the Financial Security, the City may also draw down the Financial Security. 6.3 Claims. In the event that the City receives claims from subcontractors or materialmen that work required by this Contract has been performed and money due them have not been paid, and the subcontractor or materialmen are seeking payment out of the Financial Guaranty posted with the City, the Developer/Owner hereby authorizes the City, at the City's discretion, to commence an Interpleader action pursuant to Rule 22 of the Minnesota Rules of Civil Procedure for the District courts at the Developer/Owner 's expense, to include court costs and attorney fees. The Developer/Owner further authorizes the City to draw upon the Financial Guaranty in the amount of 13 one hundred twenty-five percent (125%) of the claim together with attorneys' fees and court costs, and to deposit the funds in compliance with the Rule. Upon such deposit, the Developer/Owner shall release, discharge and dismiss the City from any further proceedings as it pertains to the funds deposited with the District Court, except that the Court shall retain jurisdiction to determine the amount of attorneys' fees, costs and expenses owed to the City pursuant to this Contract. 6.4 Contract Management Account. The payment of all sums due hereunder is in addition to the sum of Two Thousand Seven Hundred Sixty and No/100 ($2,760.00) paid or to be paid by Developer/Owner as a contract management fee as identified in the Escrow Deposit Agreement signed by Developer/Owner. SECTION VII PARK AND TRAIL DEDICATION 7.1 Park Dedications. Park dedication was previously satisfied for this development. 7.2 Trail Dedication. The Developer/Owner shall pay a trail dedication fee of Four Thousand One Hundred Twenty-nine and No/100 Dollars ($4,129.00) in satisfaction of the City Park Trail Dedication requirement as provided by the City Code. The charge was calculated as follows: 2.96 acres at One Thousand Three Hundred Ninety -Five and No/100 Dollars ($1,395) per acre. 7.3 Water Quality. Pursuant to the City's Water Quality Management Plan, the Developer/Owner shall meet the City's Post Construction Stormwater Management Requirements (City Code 4.34) for stormwater management including effective retention for 1.1" volume control on the site's new and fully -reconstructed impervious surfaces, effective pre-treatment for stormwater management facilities, soil loosening and amendment prior to final stabilization of all 14 soils that are proposed to be revegetated, and runoff rate control, in accordance with the Requirements. 7.4 Tree Preservation and Mitigation. Pursuant to the City's Tree Preservation Ordinance (City Code Section 11.70, Subd. 13) the Developer shall provide tree mitigation as provided by the City Code. The required mitigation shall be fulfilled through an equivalent cash dedication in the amount of Four Thousand and No/100 Dollars ($4,000.00). The amount is calculated as follows: 10 Category B trees at Four Hundred and No/100 Dollars ($400.00) per tree. 7.5 Use of Park Property. The Developer/Owner is prohibited from storing heavy construction equipment upon dedicated park land or trailways. Furthermore, the Developer/Owner shall notify the Parks and Recreation Department within seventy-two (72) hours of the completion of the establishment of all property line monumentations adjacent to dedicated or existing park land to allow the City the opportunity to identify the park boundary lines. Failure to notify the City within this time period or to perform this lot corner monumentation prior to building permit issuance for lots adjacent to the park land will obligate the Developer/Owner to pay for any surveying costs incurred by the City to establish these boundaries. SECTION VIII WARRANTY 8.1 Design, Material and Workmanship. Unless a longer warranty period is provided by Minnesota law, the Developer/Owner warrants all Improvements required to be performed by Developer/Owner, its agents and employees, against poor design, engineering, materials and faulty workmanship for a period of two (2) years after acceptance by the City (pursuant to Paragraph 5.3 hereof). Developer//Owner shall provide a warranty bond(s), in an amount equal to fifty (50%) percent of the Public Improvements as identified in Paragraph 6.1, for a two (2) year period 15 commencing upon the City's acceptance of the Public Improvements. The Developer/Owner shall be solely responsible for the cost and expense to perform all required repair work to City Standards within thirty (30) days of written notification by the City. SECTION IX RESPONSIBILITY FOR COSTS 9.1 Development of Subdivision. Developer//Owner shall pay all costs incurred by Developer/Owner, its agents and contractors, or the City in conjunction with the Development, including but not limited to: legal; planning; engineering and inspection expenses; permits; the cost of persons doing work or furnishing skills, tools, machinery or materials; costs of easements, if applicable; the cost of surveys and compliance tests, including environmental assessments and/or environmental impact statements, indirect source permit and traffic studies, if required; and inspecting and correcting deficiencies within the development of the Plat. 9.2 Hold Harmless. The Developer/Owner shall hold the City and the City's officers, employees, and agents harmless from claims made by Developer/Owner and third parties for damages sustained or costs incurred resulting from Plat approval, the Development and/or the breach of this Contract. The Developer/Owner shall indemnify the City and the City's officers, employees, and agents against all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. 9.3 Reimbursement. The Developer/Owner shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees, court costs, expert witness fees and administrative expenses. Moreover, the Developer/Owner shall pay in full all bills submitted to it by the City, for obligations incurred under this Contract, within thirty (30) days of receipt. If the bills are not paid on time, the City may halt construction of the Improvements until 16 the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight (8%) percent per year. 9.4 Payment of Special Assessments. The Developer/Owner shall pay or cause to be paid when due and in any event, before any penalty is attached, all Special Assessments referred to in this Contract. 9.5 Additional Charges. In addition to the charges and Special Assessments referred to herein, other charges may be imposed such as but not limited to, sewer availability charges, City water connection charges, water availability charges, City sewer connection charges and building permit fees. 9.6 Waiver. On behalf of itself and all the successors and assigns having an interest in the Property, the Developer/Owner waives all rights it may have now or in the future to repayment or reimbursement of any fees or charges paid to the City, which is identified in this Contract. SECTION X EVENT OF DEFAULT 10.1 Occurrence. Each of the following occurrences shall constitute an event of default under this Contract. a) Developer/Owner shall fail to perform any of the terms or conditions to be kept or performed by Developer/Owner under this Contract. b) Developer/Owner shall fail to perform any of the terms or conditions to be kept or performed by Developer/Owner under the City Code and/or City Standards. c) Developer/Owner shall fail to perform any of the terms or conditions to be kept or performed by Developer/Owner under any license, permit or approval required by any regulatory or jurisdictional agency affecting the Plat. 17 d) Developer/Owner shall fail to perform any required curative or remedial action pursuant to a notification of the need for such action by the City of any other regulatory or jurisdictional agency affected by or having jurisdiction over the Plat, within thirty (30) days of such notification, unless otherwise provided for in this Contract. e) Failure by the Developer/Owner to pay when due any and all costs associated with the Development, including but not limited to any fees and costs incurred by the City, engineering, administrative and legal expenses. 0 Failure of the Developer/Owner to maintain the required Financial Guaranty or other required security with the City. SECTION XI REMEDIES 11.1 Performance by the CitX. In the event of a default by the Developer/Owner, the City may, at the City's option, perform the work in default and the Developer/Owner shall promptly reimburse the City for any expense incurred by the City. Except in emergency situations, the City shall endeavor to give the Developer/Owner notice of default forty-eight (48) hours prior to the City performing curative work. 11.2 Assessment. When the City does any work as a result of the Developer'/Owner s default or upon failure of the Developer/Owner to make payment upon billing when due, the City may proceed to assess the costs in whole or in part against the Property, or may proceed to collect on the Financial Guaranty. It is expressly agreed and understood herein, that this Developer/Owner waives any notice of hearing and any rights to objection to the assessments so levied by the City for any curative work performed by the City in compliance with the terms of this Contract. 11.3 Revocation of Permit to Proceed. In the event of a default, the City may issue a stop work order to Developer/Owner, its agents, contractors, or sub -contractors to cease all or any work UK being performed on the Property. Such stop work order may include the ceasing of the construction of any Improvements on the Property. 11.4 Emergency. In the event of an emergency, the forty-eight (48) hour notice provision shall be and hereby is waived in its entirety by the Developer/Owner and the Developer/Owner shall reimburse the City within thirty (30) days after being billed for any expenses so incurred by the City in the same manner as if mailed notice as described hereinbefore had been given; provided, the City shall provide Developer/Owner such notice as is practicable under the emergency circumstances. 11.5 Cumulative Rights and Non -Waiver. The rights and remedies available to the City shall be cumulative and the enforcement by the City of one right shall not act as waiver of any other right available to the City. 11.6 Denial of Building Permits. An event of default shall be grounds for denial or revocation of building permits. SECTION XII RELEASE OF FINANCIAL SECURITY 12.1 General. Periodically upon Developer/Owner's written request and upon completion and verification of satisfactory compliance or final approval by the City (per Paragraph 5.3 of this Agreement) of any installed Improvements, or the payment of special assessments levied in connection with the Public Improvement Project, a like percentage of that portion of the Financial Guaranty covering those specific Improvements or Public Improvement Project may be released; except however the final twenty percent (20%) of the Financial Guaranty shall be held until a final acceptance (by the City) of all required Development Contract Requirements. Upon the issuance of a certificate of occupancy for a building, the Developer/Owner upon written request may obtain a release of the Financial Guaranty which is equal to the assessments (levied or pending) which are charged against the lot, as a result of the Public Improvement Project. At the time of final Inspection 19 of all Improvements, if it is reasonably determined by the City that the submitted plans and specifications were not substantially adhered to or that work was done without City inspection, the City may require that the Developer/Owner post a cash escrow equal to one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as the City deems necessary, not to exceed five (5) years. SECTION XIII RELEASE OF DEVELOPER LIABILITY 13.1 Release. Upon submittal by Developer of the required As -Built Plans for each Plan identified in Paragraph 3. 1, and upon satisfactory determination of completion of the Improvements pursuant to Paragraph 5.2 and payment of all costs owed to the City, the Developer/Owner may apply in writing for a release of its obligations under this Contract, save and except for those imposed pursuant to Paragraphs 8.1, 9.2 and 9.4. The City Council, after review by the City personnel, may authorize the release of the Developer from its obligations under this Contract by appropriate resolution, which shall be delivered to Developer in recordable form, and which may be recorded by Developer at Developer's expense. SECTION XIV MISCELLANEOUS 14.1 Compliance. The Developer/Owner represents to the City that the Plat complies with all City, county, metropolitan, state and federal laws and regulations including, but not limited to: Subdivision ordinances; zoning ordinances; and environmental regulations. If the City determines that the Plat does not comply, the City may at its option refuse to allow construction or development work on the Property until the Developer/Owner does comply. Upon the City's demand, the Developer/Owner shall cease work until there is compliance. 20 14.2 Authorization. By the execution hereof, the Developer/Owner represents and warrants that it has all the authorization and power necessary to make this Contract binding upon itself, its heirs, successors and assigns. 14.3 Third Parties. Third parties shall have no recourse against the City under this Contract. 14.4 Invalidily. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 14.5 Run with the Land. This Contract shall run with the land and may be recorded against the title to the Property. By the execution of this Agreement, the Developer/Owner for itself, its successors and assigns, acknowledges that the Property shall be affected by the terms and conditions contained herein until Developer/Owner's obligations have been fully performed and all warranty periods have expired in accordance with their terms. 14.6 Non-assignabilitX. The Developer/Owner may not assign this Contract without the written permission of the City Council, which shall not be unreasonably withheld. Nothing herein shall be deemed to require City consent to assignment after a release is delivered in accordance with Section 13.1. 14.7 Miscellaneous. Notwithstanding anything to the contrary in this Agreement, City and Ryan each hereby waive any right to obtain a money judgment or equitable relief against First American Exchange Company, LLC ("FAEC") and any and all members, shareholders, partners and employees of FAEC, and agree that the extent of liability on the part of such parties with respect to this Agreement (or any related documents) is and shall for all purposes be limited to the interest of 1260 in the Property, City and Ryan agreeing to look solely to 1260's interest in the Property in satisfaction of all obligations. The terms of this paragraph shall supersede any and all other terms and conditions herein. 21 SECTION XV NOTICES 15.1 General. All notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and sent by United States registered mail or hand delivered. The addresses of each party may be changed at any time or from time to time by notice given by said party to the other party. 15.2 If to City, mail to the City of Eagan, 3830 Pilot Knob Road, P.O. Box 21199, Eagan, Minnesota 55121, Attention: City Administrator. 15.3 If to Developer/Owner, mail to the Development Manager. IN WITNESS WHEREOF, we have hereunto set our hands and seals. [Signature pages to follow.] 22 DEVELOPMENT CONTRACT Town Centre 100 Twenty -First Addition City of Eagan, a Minnesota Municipal Corporation BY: Mike Maguire Its: Mayor BY: Christina M. Scipioni Its: Clerk DEVBELOPMENT CONTRACT APPROVED AS TO. FORM: (Signature page of City) DEVELOPMENT CONTRACT APPROVED AS TO CONTENT: City Attorney City Planner STATE OF MINNESOTA) )ss COUNTY OF DAKOTA ) On this day of , 2021 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 23 DEVELOPMENT CONTRACT Town Centre 100 Twenty -First Addition (Signature page of Developer/Owner - Ryan) Ryan Companies US, Inc., a Minnesota corporation am STATE OF MM K S �) ) ss COUNTY OF �CAVU,jplyj The foregoing instrument was acknowledged before me thist chi day of VLtCQl_ 2021, by —T Ah Yh. the Via of Ryan Companies US, Inc., a Minnesota corpor on, on behalf of the corporation. Briana M Koch of i/f NOTARY PUBLIC MINNESOTA Notary Public My Commission Expires Jan. 31, 2025 24 DEVELOPMENT CONTRACT Town Centre 100 Twenty -First Addition (Signature page of Developer/Owner - 1260) 1260 Yankee Doodle Road, LLC, a Wisconsin limited liability company By: Printed Name: bAy j b , i6 -M Title: 5V f STATE OF WISCONSIN ) ) ss COUNTY OF UZGGalee, - The foregoing instrument was acknowledged before me this day of F-ii10It ka '�I 2021, by vid ej7 1' 14-1- the of 1260 Yankee Doodle Road, LLC, a Wisconsin limited liability company, on behalf of the limited liability company. THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-43454) W 2244458.x1 Notary Public SS 1 d7-. rte• -.°�, YI::,ENEr WALKER '11,1 111,k► F ANIS Exhibit B (Conditions) Standard Conditions The Developer/Owner shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way This development shall dedicate 10 -foot drainage and utility easements centered over all 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. 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. 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 27 the Development Contract and shall not be released until one year after the date of City certified compliance. D. 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. E. 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. F. 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. 2. The property shall be platted. 3. The applicant shall provide financial security, in a form acceptable to the City Attorney, to ensure demolition of the existing easterly office building at 1260 Yankee Doodle Road within six (6) months of recording the Final Plat. Signage 4. Any canopy covering the cart corrals should not contain any signage other than directional such as return carts here" or similar. 5. The applicant should provide an easement agreement for the shared pylon sign and for the offsite signage in a form acceptable to the City Attorney at the time of Final Subdivision. 6. Building Signage should be consistent with City Code Standards. For single occupant buildings and endcap tenants, one sign is permitted on each of two building elevations. 7. All signs on a building should be similar in design, to be demonstrated at the time of application for Sign Permit. All signs require a Sign Permit prior to installation or construction. Building Architecture/Materials 8. The Final Building Elevations shall be revised to achieve City Code standards by providing W greater variation of materials on the south elevation to incorporate the same materials and visual interest as the other three elevations. 9. The Final Building Elevations shall omit the metal canopy on the west elevation to avoid its projection over the property line into the right of way and the applicant shall explore other ways to provide visual interest, depth, and pedestrian scale to the west elevation. Landscaping/ Tree Mitigation 10. The Final Landscape Plan shall provide different trees species along the south edge of the building that better fit the available growing space. 11. Landscaping along the north and south edges shall be enhanced to provide better screening of the parking lot where per the City Code standard of 75 percent 75%) opacity to a height of three to four feet at maturity. 12. The applicant shall confirm the proposed landscaping does not conflict with site lighting. 13. The applicant shall provide a Tree Mitigation Plan showing fulfillment of the tree mitigation, in addition to required site landscaping. If required mitigation cannot fit on the site, the balance should be provided as a cash dedication per the City's adopted Fee Schedule 400 per each Category B tree). 14. At the time of Final Planned Development, Tree Mitigation and Landscape Plans shall be provided, as well as a Combined Overall Planting Plan. 15. The applicant shall revise the Tree Preservation Plan to account for removal of ash trees and recalculate any required mitigation accordingly. 16. The Applicant should provide a revised Tree Preservation Plan reflecting these adjustments, and recalculating the removal and mitigation amount if any), for incorporation into the Planned Development Amendment Agreement. 17. Where tree protection fencing cannot be maintained at a required distance for tree protection of on or off site trees, these trees shall be considered as removed, or the applicant shall provide a Tree Health Management Plan prepared by a certified arborist, identifying tree management activities to be implement to ensure the survival of these trees. Site Li hting 18. The applicant shall clarify the areas contributing to the average light levels to confirm it excludes the bank canopy lighting and adjust lighting as necessary to achieve an average to minimum ratio throughout the parking areas of not more than 4.0 footcandles. Utilities 19. A maintenance agreement for shared private utilities shall be entered into in a form acceptable to the City Attorney. 29 20. The applicant shall make all utility connections and restore the street, curb and gutter, boulevard, and trail in a manner acceptable to the City Engineer. Grading/ Erosion Control/ Stormwater 21. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 22. This development shall comply with Eagan' s Land Disturbance Stormwater Pollution Prevention and Post Construction Stormwater Management Requirements City Code 4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1 inch Volume Control of effective retention of the site's new impervious surface area including effective soil remediation for all of the site's disturbed soils that are to be revegetated). 23. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of four 4) soil borings equally spaced within the footprint of each proposed infiltration system area, extending a minimum of ten feet 10') below the bottom of each proposed infiltration system with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/ or construction plans to ensure water quality equivalent of volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 24. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide underground stormwater infiltration system details, including that a) an off line bypass to prevent construction stormwater from entering the perforated pipe galleries shall be provided until drainage area stabilization, b) solid bottom isolator rows appropriately sized) are provided at any stormwater inlet point into the underground systems, c) sub soils shall have appropriate composition and minimal compaction to ensure adequate infiltration capability, d) no limestone shall be used below or between the chambers, e) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, f) 10 inch minimum diameter inspection ports will be provided on all chamber rows. Notes shall be provided that grading and utility contractor(s) shall provide 24 hours advance notice to City Water Resources staff of any grading or utility work involving the proposed infiltration chamber systems, including over excavation, installation of pre treatment sumps, inlets, outlets, sump hoods, energy dissipators, etc. Shop drawings related to the underground stormwater infiltration chamber systems must be provided to the City for review before fabrication and installation. all 25. The applicant shall provide adequately sized pre treatment structure e.g. four foot 4') minimum depth sump, five foot 5') minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any stormwater treatment facility inlet to provide for effective capture and easily accessible cleanout of fine sand sized particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 26. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide the most updated water quality and rate control modeling documentation to demonstrate compliance with City stormwater requirements, to the satisfaction of the City Engineer. Rate Control must demonstrate no net increase over predevelopment conditions using a maximum curve number of 72. Stormwater filtration nutrient reductions, in lieu of full infiltration, will need to be documented with appropriate water quality modeling. 27. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/ restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets e.g. Erosion Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet quantity tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation e.g. haul tickets, representative on site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24 hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 28. 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 of the private permanent stormwater management system, in a form acceptable to the City Attorney. 29. Before the City returns any Stormwater related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as built plans meeting City requirements for as built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities sump(s), infiltration chamber galleries, etc.), including soil loosening amendment prior to landscaping, conform to design and/ or construction plans, as approved by the City. Photos/ video of final inspection of clean underground infiltration chamber gallery system and contributing 31 storm sewer shall be provided to the City Engineer. 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. 30. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Easements 31. The applicant shall enter into an ingress/ egress easement and shared parking agreement in a form acceptable to the City Attorney, at time of final subdivision approval. Parks and Recreation 32. The development shall be subject to cash trail dedication at the time of Final Subdivision, at the rates then in effect. 32 STORMWATER MANAGEMENT SYSTEM MAINTENANCE AGREEMENT This Stormwater Management System Maintenance Agreement ("Agreement") is made this day of , 20211 by and between Ryan Companies US, Inc., a Minnesota corporation (hereinafter "Ryan"), and 1260 Yankee Doodle Road, LLC, a Wisconsin limited liability company (hereinafter "1260") (Ryan and 1260 are hereinafter collectively the "Owner"), and the City of Eagan, a Minnesota municipal corporation (the "City"). The City and the Owner are collectively referred to as the "Parties". WHEREAS, Ryan is the fee owner of Lot 1, Block 1, Town Centre 100 Twenty -First Addition, Dakota County, Minnesota and 1260 is the fee owner of Lot 2, Block 1, Town Centre 100 Twenty-first Addition, Dakota County, Minnesota (hereinafter the "Property"); and WHEREAS, on November 17, 2020 the City Council approved a Preliminary Subdivision to create two lots upon 3.35 acres located at 1260 & 1270, Yankee Doodle Road (the "Project") upon the Property. The Project includes construction of new and fully -reconstructed impervious surfaces totaling approximately 2.6 acres upon the Property. A plan set including a stormwater management report ("Site Plan") has been submitted with the application, with latest revisions dated with latest revisions dated January 29, 2021. The approval is subject to a number of conditions, including the requirement that the Owner shall meet all City stormwater requirements (including Volume and Rate Control); and WHEREAS, the approved "Site Plan" includes stormwater management practices, including an on-site underground stormwater infiltration/filtration chamber system with a retention/filtration capacity of 11,181 cubic feet, one pre-treatment structure (4 -foot sump depth with floatable skimmer hood), and soil remediation to restore soil permeability on all disturbed soils that are to be revegetated or otherwise landscaped, hereinafter referred to as the "Stormwater Management System", (including all components designed to convey stormwater on & off the site, treat and reduce stormwater runoff volume, and ensure safety and continued performance of the Stormwater Management System). The pertinent pages from the Site Plan, Stormwater Management Report, and Inspection Checklist for Underground Stormwater Infiltration Chamber System are attached hereto as Exhibits A -C and incorporated herein; and J0506 Pg. 1 WHEREAS, the Owner shall install the Stormwater Management System in order to comply with Eagan City Code Chapter 4.34, "Post Construction Stormwater Management Requirements" for the purpose of on-site stormwater management, including rate control and volume control, for the protection of the City's downstream water bodies; and WHEREAS, the City requires the Owner to install, operate and maintain the Stormwater Management System in good working order acceptable to the City, in accordance with the terms and conditions set forth in this Agreement, and in accordance with standards within the Minnesota Pollution Control Agency's Stormwater Manual. WHEREAS, the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction, operation, maintenance, repair and replacement of the System, as between the Parties, on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each Party to the other, as hereinafter set forth, the Parties agree as follows: 1. Operations & Maintenance. The Owner shall substantially comply with all implementation, operation, inspection and maintenance recommendations in the Minnesota Pollution Control Agency's Stormwater Manual and the following additional requirements, all at its sole cost and expense: a. The Stormwater Management System shall be inspected annually by a qualified person, with demonstrated post -construction stormwater best management practice inspection and maintenance experience, including inspection and maintenance of all sediment capture and stormwater infiltration practices, selected by the Owner, and approved by the City Engineer. b. The Owner shall submit an annual inspection and maintenance report to the City, to be received by mail or electronically no later than September 1St, of the Stormwater Management System. The report shall include the following: i. Date and time of annual inspection; ii. Industry standard log of inspection findings / maintenance needs of individual stormwater best management practices; iii. Date, time and description of maintenance performed; and iv. Supporting photographs. C. All settled solids, floatable litter and other material obstructions, that could inhibit proper function of the Stormwater Management System, shall be promptly removed and disposed of properly, by the Owner. At a minimum, the on-site pre-treatment structure(s) shall receive complete inspection and maintenance in the spring and fall of every year. If at any time any sediment collection device reaches 25% of capacity (e.g. 1 -foot sediment depth in a 4 -foot sump), or floatable litter covers 50% J0506 pg. 2 or more of the water surface within any pre-treatment device, the Owner shall promptly perform remediation in compliance therewith. Maintenance for proprietary structures or pre-treatment accessories (e.g. BMP Snout floatables skimmer hood, etc.) shall follow manufacturer's maintenance recommendations. d. If at any time the on-site underground stormwater infiltration/filtration chamber system fails to meet the performance standards to which it was designed and approved (providing a minimum of 11,181 cubic feet of impervious stormwater runoff retention, from any rain event, or fails to achieve complete infiltration/filtration within forty-eight (48) hours after any rain event (collectively, the "Requirements"), the Owner shall promptly perform remediation in compliance therewith. e. The Owner shall complete any necessary repairs and/or preventative maintenance procedures in a timely manner to ensure proper functioning of the Stormwater Management System, and in compliance with maintenance requirements in Eagan City Code Chapter 4.34, "Post -Construction Stormwater Management Requirements". f. Owner specifically grants City access to, from and across the Property in order to evaluate and inspect the Stormwater Management System, as necessary, in order to ascertain that the practices are functioning as planned and in compliance with City Requirements. The City may recommend any corrective actions required to bring the Stormwater Management System into proper operating condition. 2. Standards for Performance. Any act of construction, maintenance, repair or replacement to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable Requirements. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City reasonably determines that a Stormwater Management System does not conform to the Requirements of the City, the City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within forty-five (45) days after receipt of such notice. If the proposed remediation plan and schedule are not reasonably acceptable to the City, the City shall notify the Owner of the deficiency, and the Owner shall submit a revised plan to the City within thirty (30) days after receipt of such notice. 3.2 Failure to Repair. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City -approved remediation plan to bring the Stormwater Management System into compliance with the Requirements, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan for the Stormwater Management System J0506 pg. 3 and complete all work necessary to correct the Stormwater Management System so as to bring it into compliance with the Requirements. 3.3 Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the Stormwater Management System and all work completed by the City to bring the Stormwater Management System back into compliance with the Requirements. 3.4 Waiver of Rights. If the Owner does not, in a reasonable time, either (i) reimburse the City or (ii) provide notice of dispute, the City may recover its costs by levying a special assessment against the Property. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to the Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest the assessments under Minnesota Statutes § 429.081, provided that such assessments were reasonable and properly levied in accordance with this Agreement and applicable law. 4. Amendment. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, and may withhold or delay consent for any reason or none whatsoever, or may condition consent upon such terms as the City deems desirable, it being the City's absolute right and prerogative to insist that the terms of this Agreement remain in effect and unaltered and to permit amendment, release or termination only at such times and under such circumstances, if any, as the City deems desirable in the exercise of its discretion. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgement, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination, and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution. Notwithstanding anything herein to the contrary, the Property shall not be deemed dedicated to the public or otherwise public land, and the City shall have no obligation and no right, not otherwise existing independent of this Agreement, under this Agreement, or under the ordinances, statutes and other laws under which the City operates, to maintain or administer Property. 5. Enforcement. If the Owner fails to comply with this Agreement, the City may enforce this Agreement by legal action or any other remedy available to the City, and the Owner shall be responsible for the City's costs and expenses of enforcement and/or remediation, including reasonable attorneys' fees, and any associated maintenance and repair costs, within thirty (30) calendar days after receiving are request for reimbursement. J0506 pg. 4 6. Governing Law. This Agreement shall be construed under and enforced in accordance with the laws of the State of Minnesota. 7. Authority. The Owner covenants with the City that it is the fee owner of the Property as described above and has good right to create the covenants contained herein. 8. Duration. The covenants contained herein shall run with the Property in perpetuity and shall bind the Owner and its successors and assigns. 9. Recording Agreement. The City shall record this Agreement against the Property with the Dakota County Recorder's Office upon full execution of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. [Signature Pages to Follow] J0506 pg. 5 Stormwater Management System Maintenance Agreement Signature Page of Rvan Owner (or Representative) Contact Information for Lona, -Term Inspection/Maintenance: � Name: _B1-bI1mQ re n Title: Vrow7 U MWmAemard- Business name.: U/ ►i1 (.f)MOXk 11 C Street Address: t)-36 City, State, Zip: M I I�1/1Ca DU �1,5 . mil 550 S� Telephone: WR — lcl%a '63 gs Email: V-41-ho"ch 8 r zg� 7 GB ✓Yl �ar// �S •�©n'1If OWNER: Ryan Companies US, Inc., a Minnesota comoration. , wa Its: YLS i t li STATE OF MINNESOTA ) ) ss. COUNTY OF ,n ) sign) (print name) The foregoing was acknowledged before me this day of �4ULtN, 2021, by 1-1 1(r. LY 0,-C the NQ -k ire S c of Ryan Companies US, Inc., a Minnesota corporation on behalf of t e corporation. Briana M Koch Notary Public NOTARY PUBLIC MINNESOTA MY Commission Expires Jan. 31, 2025 J0506 pg. 6 Stormwater Management System Maintenance Agreement Signature Page of 1260 OWNER: 1260 Yankee Doodle Road, LLC, a Wisconsin limited liability company Printed Name: _y( b Y -N )(W Title: S-: V STATE OF WISCONSIN ) ) ss. COUNTY OF �t aGGke-(--- ) The foregoing was acknowledged before me this 2 nda of bU `� 2021 b g g g Z y � Y dauid 1K.,11?14h-1— , the S'f of 1260 Yankee Doodle Road, LLC, a Wisconsin limited liability company, on behalf of the limited liability company. Notary Pu KAY' ENE WALKER lll��n PF 1N ISC� CD1�r77 fix' 5 / r"q 2244460.x1 J0506 pg. 7 Stormwater Management System Maintenance Agreement Signature Page of City CITY: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2021, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 ' (RBB: 206-43454 J0506 pg. 8 FINAL PLANNED DEVELOPMENT AGREEMENT Lots 1 and 2, Block 1, Town Centre 100 Twenty -First Addition This Final Planned Development Agreement (hereinafter "Agreement") is made effective as of the day of 2021, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"); Ryan Companies US, Inc., a Minnesota corporation (hereinafter "Ryan"); and Associated Bank -Corp, a Minnesota corporation (hereinafter the "Bank") (Ryan and the Bank are hereinafter collectively the "Owner"). The "City" and the "Owner" are hereinafter collectively known as the "Parties." WHEREAS, the City Council of the City of Eagan is the official governing body of the City; and WHEREAS, Ryan is the fee owner of Lot 1, Block 1, Town Centre 100 Twenty -First Addition, Dakota County, Minnesota and the Bank is the fee owner of Lot 2, Block 1, Town Centre 100 Twenty-first Addition, Dakota County, Minnesota (hereinafter the "Property"); and WHEREAS, the Property is subject to a Preliminary Planned Development Agreement dated , 2021 and recorded , 2021 as Document No. (the "Development Agreement"); and WHEREAS, the Owner applied for a planned development for the Property to allow a retail grocery store and bank with drive-through facilities on the Property (the "Development Proposal"); and WHEREAS, the Advisory Planning Commission of the City did hold a public hearing on October 27, 2020 and recommended approval of the Development Proposal on the Property; and WHEREAS, the City did review the Development Proposal in its entirety on November 17, 2020, and did concur with the recommendation of the Advisory Planning Commission; and WHEREAS, the plans attached hereto (Exhibits B — F) are found to be in conformance with the Development Proposal, and the Parties hereby acknowledge that this Agreement and the attached exhibits constitute the Final Planned Development for the Property. NOW, THEREFORE, it is hereby agreed to and between the Parties hereto as follows: This Agreement applies only to the use of the Property. 2. This Agreement includes specific conditions to the Property as set forth in Exhibit A attached hereto. 4. The Owner shall use and develop the Property in conformance with the following plans attached hereto as Exhibits B -F. (A full-size copy of these exhibits and any modifications thereto shall be on file with the City's Community Development Department.) Exhibit B — Site Plan dated September 16, 2020, last revised February 4, 2021 Exhibit C — Building Elevation Plans dated January 28, 2021 and December 14, 2020 Exhibit D — Landscape & Tree Mitigation Plan dated January 29, 2021 Exhibit E — Lighting Plan dated December 14, 2020 Exhibit F — Signage Plan dated September 28, 2020 5. This Agreement shall run with the Property until terminated and shall be binding upon the owners and assigns of the Owner. 6. All site improvements including lighting, signage, landscaping, and paved surfaces, shall be maintained in good repair. 7. Where there is a conflict between the requirements or conditions contained in the Development Agreement and this Agreement, the provisions of this Agreement shall control. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written. (Signature pages to follow.) 2 FINAL PLANNED DEVELOPMENT AGREEMENT Lots 1 and 2, Block 1, Town Centre 100 Twenty -First Addition (Signature page of City) City of Eagan, a Minnesota Municipal Corporation BY: Mike Maguire Its: Mayor BY: 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 , 2021 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 Lots 1 and 2, Block 1, Town Centre 100 Twenty -First Addition (Signature page of Owner) Ryan Companies US, Inc., a Minnesota corporation STATE OF KMIVt ) ss COUNTY OF � ivy ) The foregoing instrument was acknowledged before me this a day of �Lr c " 2021, by 7iyntJLL' t Vn' 6) Y- , the V� CR of Ryan Companies US, Inc., a Minnesota corporatiolv, on behalf of the corporation. s „� s Briana M Koch tary NOTARY PUBLIC — z MINNESOTA �°' My Commission Expires Jan. 31, 2025 NoPub is --- -- EW FINAL PLANNED DEVELOPMENT AGREEMENT Lots 1 and 2, Block 1, Town Centre 100 Twenty -First Addition (Signature page of Owner) 1260 Yankee Doodle Road, LLC, a Wisconsin limited liability company By: --------.y Printed Name: 1,-�Wib i AW— Title: SVP STATE OF WISCONSIN ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this 2'�d da of �- g g g Y V,(,,g CSL , 2021, by f � A, �f 'G� /j i k , the SVS of 1260 Yankee Doodle Roa , LLC, a Wisconsin limited liability company, on behalf of the limited liability company. THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 5 2244459.x1 Notary Pu lic tV01_fi2y 0111 KAY!. -ENE. f WALKER 1t� 41 0'' W�S�Q 111 EXHIBIT A 1. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement and shall be consistent with the approved Master Plans for the Preliminary Planned Development. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Lighting Plan • Final Signage Plan Plattm 2. The property shall be platted. Term 3. The Planned Development shall have a term of three (3) years. Uses 4. This Planned Development approves the following uses on each lot: a. Proposed Lot 134,500 square foot retail grocery store b. Proposed Lot 2 2,840 square foot bank with drive through facility Signage 5. Any canopy covering the cart corrals shall not contain any signage other than directional such as return carts here" or similar. 6. The applicant shall provide an easement agreement for the shared pylon sign and for the off-site signage in a form acceptable to the City Attorney at the time of Final Subdivision. 7. Building Signage shall be consistent with City Code Standards. For single occupant buildings and endcap tenants, one 1) sign is permitted on each of two 2) building elevations. 8. All signs on a building shall be similar in design, to be demonstrated at the time of application for Sign Permit. All signs require a Sign Permit prior to installation or construction. Building Architecture / Materials 9. The Final Building Elevations shall be revised to achieve City Code standards by providing greater variation of materials on the south elevation to incorporate the same materials and visual interest as the other three elevations. 10. The Final Building Elevations shall omit the metal canopy on the west elevation to avoid its projection over the property line into the right of way and the applicant shall explore other ways to provide visual interest, depth, and pedestrian scale to the west elevation. Landscaping / Tree Mitigation 11. The Final Landscape Plan shall provide different trees species along the south edge of the building that better fit the available growing space. 12. Landscaping along the north and south edges shall be enhanced to provide better screening of the parking lot where per the City Code standard of 75 percent 75%) opacity to a height of three to four (3-4) feet at maturity. 13. The applicant shall confirm the proposed landscaping does not conflict with site lighting. 14. The applicant shall revise the Tree Preservation Plan to account for removal of ash trees and recalculate any required mitigation accordingly. 15. The Applicant shall provide a revised Tree Preservation Plan reflecting these adjustments, and recalculating the removal and mitigation amount if any), for incorporation into the Planned Development Amendment Agreement. 16. Where tree protection fencing cannot be maintained at a required distance for tree protection of on or off site trees, these trees shall be considered as removed, or the applicant shall provide a Tree Health Management Plan prepared by a certified arborist, identifying tree management activities to be implement to ensure the survival of these trees. Site Lighting 17. The applicant shall clarify the areas contributing to the average light levels to confirm it excludes the bank canopy lighting and adjust lighting as necessary to achieve an average to minimum ratio throughout the parking areas of not more than 4.0 footcandles. Utilities 18. A maintenance agreement for shared private utilities shall be entered into in a form acceptable to the City Attorney. 19. The applicant shall make all utility connections and restore the street, curb and gutter, boulevard, and trail in a manner acceptable to the City Engineer. Grading / Erosion Control / Stormwater 20. 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. 21. This development shall comply with Eagan's Land Disturbance Stormwater Pollution Prevention and Post Construction Stormwater Management Requirements (City Code 4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1 inch Volume Control of effective retention of the site's new impervious surface area including effective soil remediation for all of the site's disturbed soils that are to be revegetated). 22. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of four 4) soil borings equally spaced within the footprint of each proposed infiltration system area, extending a minimum of 10 feet below the bottom of each proposed infiltration system with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/ or construction plans to ensure water quality equivalent of volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 23. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide underground stormwater infiltration system details, including that a) an off line bypass to prevent construction stormwater from entering the perforated pipe galleries shall be provided until drainage area stabilization, b) solid bottom isolator rows appropriately sized) are provided at any stormwater inlet point into the underground systems, c) sub soils shall have appropriate composition and minimal compaction to ensure adequate infiltration capability, d) no limestone shall be used below or between the chambers, e) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, f) 10 inch minimum diameter inspection ports will be provided on all chamber rows. Notes shall be provided that grading and utility contractor( s) shall provide 24 hours advance notice to City Water Resources staff of any grading or utility work involving the proposed infiltration chamber systems, including over excavation, installation of pre treatment sumps, inlets, outlets, sump hoods, energy dissipators, etc. Shop drawings related to the underground stormwater infiltration chamber systems must be provided to the City for review before fabrication and installation. 24. The applicant shall provide adequately sized pre treatment structure e.g. four foot 4') minimum depth sump, five foot 5') minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any stormwater treatment facility inlet to provide for effective capture and easily accessible cleanout of fine sand sized particles and floatable pollutants. Pre treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 25. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide the most updated water quality and rate control modeling documentation to demonstrate compliance with City stormwater requirements, to the satisfaction of the City Engineer. Rate Control must demonstrate no net increase over predevelopment conditions using a maximum curve number of 72. Stormwater filtration nutrient reductions, in lieu of full infiltration, will need to be documented with appropriate water quality modeling. 26. Prior to receiving City approval to permit land disturbing activity; the property owner shall provide detailed Soil Management Strategies 'in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/ restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets e.g. Erosion Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet quantity tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation e.g. haul tickets, representative on site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24 hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 27. 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 ofthe private permanent stormwater management system, in a form acceptable to the City Attorney. 28. Before the City returns any Stormwater related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as built plans meeting City requirements for as built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities sump(s), infiltration chamber galleries, etc.), including soil loosening amendment prior to landscaping, conform to design and/ or construction plans, as approved by the City. Photos/ video of final inspection of clean underground infiltration chamber gallery system and contributing storm sewer shall be provided to the City Engineer. 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. 29. This development shall provide hydrant spacing and locations accordance with City Fire Department and Public Works standards. Easements 30. The applicant shall enter into an ingress/ egress easement and shared parking agreement in a form acceptable to the City Attorney, at time of final subdivision approval. Parks and Recreation 31. The development shall be subject to cash trail dedication at the time of Final Subdivision, at the rates then in effect. 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Ii NTBz�. i � p D 2 �~ m � p Z T �1 Z i I r r r �y, , ; m (D rrrlTrrt 1111111111111111 � c rr11rr11r 11 .-w Ip `1111111rl11 ■1■lull■11■ \�- U SIGNAGE PLAN g9W14•� x F°1 � DAN � D o � �n 'qi�` pz4 5 Ee.■ I I I m p g° u 6)0,-,4 m In O 3 N D I•g�s'43 u m a a A D O W - Z 5' ddd�° (n p i; �zc) ?m <0 Zm{�Am m O r W d 3` 9 zoo r D - �7 �_ i- a z N0Z -Vm n O Z ib Ny o ZD Z a� g y}y --iZ Agenda Information Memo March 2, 2021, Eagan City Council Meeting CONSENT AGENDA K. Approve Fair Housing Policy Action To Be Considered: Approve the Fair Housing Policy. Facts: As a recipient of federal CDBG and HOME funds, the City must affirmatively further fair housing and comply with federal fair housing requirements. The City is subject to fair housing laws even though it does not own or manage public housing. Beginning in 2019, the Metropolitan Council requires that cities receiving Livable Communities funding have an approved Fair Housing Policy. Two counties and 25 metropolitan cities have approved Fair Housing Policies. Staff provided basic information regarding a potential Fair Housing Policy in the February 1, 2019 Additional, and a Fair Housing Policy was included in the 2020 Community Development Work Plan. The draft Fair Housing Policy was discussed by the City Council at the January 12, 2021 special meeting. Since the January 2021 special meeting, the City Attorney has reviewed the draft policy and confirmed its consistency with federal statutes, staff that interact with the public have received basic fair housing information, fair housing brochures in multiple languages have been distributed to the front desks at City facilities, and a fair housing page has been created on the City’s website. The City will not conduct fair housing investigations or bring enforcement actions. All fair housing complaints will be directed to the City’s Fair Housing Officer who will track complaints and refer complainants to appropriate agencies. Attachments: (1) CK-1 Fair Housing Policy CITY OF EAGAN FAIR HOUSING POLICY Approved ________________________, 2021 I. PURPOSE AND VISION Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) established federal policy for providing fair housing throughout the United States. The Fair Housing Act prohibits discrimination in housing-related transactions because of race, color, religion, sex, familial status, national origin, and disability. A local government that receives federal grant funds under Title I of the Housing and Community Development Act of 1974 is obligated to certify that the grant will be administered in conformity with title VI of the Civil Rights Act of 1964 and the Fair Housing Act. Additionally, the Metropolitan Council requires the adoption of a fair housing policy to qualify for livable communities funding. To comply with these obligations or requirements, and because the City of Eagan is strongly committed to supporting fair housing, the City has developed this policy. II. FAIR HOUSING POLICY STATEMENT It is the policy of the City of Eagan to ensure that fair housing opportunities are available to all persons in all housing-related activities funded by the City. It is the City’s intent to administer its funds in a manner that affirmatively furthers the Fair Housing Act as well as the Minnesota Human Rights Act (Minnesota Statute 363A.01 et. seq.). This will be done through practices and procedures that provide meaningful access to fair housing for all constituents, which access includes fair housing informational and referral services. III. FAIR HOUSING OFFICER The City of Eagan has designated the following person as the Fair Housing Officer: Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 651-675-5660 commdevelopment@cityofeagan.com The Fair Housing Officer is responsible for providing public information regarding this policy and applicable federal and state fair housing requirements and resources, and referral of all fair housing complaints. While not expected to be an “expert” in fair housing laws or to conduct any investigation or bring any enforcement actions, the Officer will be familiar with state and federal fair housing laws and the state and federal agencies that handle complaints. IV. BEST PRACTICES A. Meaningful Access to Information. a. On-line information. The City of Eagan will have information about fair housing displayed on its website, as well as access to state and federal fair housing resources including complaint forms. b. Rental registration. Information on fair housing will be provided to landlords at the time of rental registration. c. Communications. The City’s Fair Housing Officer will work with the Communications Department on regularly providing information about fair housing through the City’s media outlets. d. In-person information. The City of Eagan will provide fair housing information to anyone requesting such information at City offices. Information provided will include: i. A list of fair housing enforcement agencies ii. Fair Housing Complaint Information e. Languages. Material in other languages can be requested and provided on an individual basis. B. Staff Training. The City will provide basic fair housing information to its staff and elected officials. C. Housing Analysis. The City will review its housing inventory periodically to examine the affordability of both rental and owner-occupied housing to inform future City actions. D. Code Analysis. The City will periodically evaluate its municipal code with a focus on zoning, building and occupancy standards, to identify any potential for disparate impact or disparate treatment. E. Project Planning and Analysis. During project planning and development review, the City will consider fair housing issues, including whether potential projects may perpetuate segregation or lead to displacement of protected classes. F. Community Engagement. The City commits to ongoing community engagement. Specifically, the City commits to conversations with the community regarding potential housing projects, zoning changes, and other land use planning decisions. G. Impediments to Fair Housing. As a recipient of federal funds, the City agrees to participate in the Regional Analysis of Impediments. The City will review recommendations and consider policy changes as deemed appropriate. Date of Approval: _________________________________________ Signed: _________________________________________ Mike Maguire, Mayor Agenda Information Memo March 2, 2021 Eagan City Council Meeting CONSENT AGENDA L. Approve correspondence to the Federal Aviation Administration (FAA) regarding the FAA Neighborhood Environmental Survey Action To Be Considered: To approve correspondence to the Federal Aviation Administration (FAA) regarding the FAA Neighborhood Environmental Survey Facts: ➢ The FAA conducted a nationwide survey to update the scientific evidence on the relationship between aircraft noise exposure and its annoyance effects on communities around airports, based on today's aircraft fleet and operations. The surveying efforts began in 2015. ➢ The survey was a twelve-question survey sent to residents around 20 airports. Minneapolis-St. Paul Airport was not included as one of the 20 airports. Those airports at a minimum, needed to have at least 100 jet operations per year, and contain at least 100 households within the 60-65 dB DNL area and the 65+ dB DNL contour area. Those airports were meant to be representative of all airports by considering the geographic location, temperature, airport activity level, nighttime activity level, fleet mix and population near the airports. ➢ Broadly speaking, the survey demonstrated that residents are more highly annoyed by aircraft noise across numerous decibel levels (50 DNL-65dB) then they were in 1992, the last time a similar survey was conducted. ➢ Enclosed is a letter to the FAA with comments from the City of Eagan, as recommended by the City’s Airport Relations Commission (ARC). ➢ The Noise Oversight Committee submitted a more detailed letter to the FAA in response to the survey findings. That letter is included as background information for the Council, and is pending approval by the Metropolitan Airports Commission. ➢ Public comments are due to the FAA by March 15, 2021. Attachments: ➢ L-1 City of Eagan letter to the FAA ➢ L-2 Noise Oversight Committee letter to the FAA March 2, 2021 Mr. Kevin Welsh Director, Office of Environment and Energy Federal Aviation Administration Docket Operations M-30 US Department of Transportation 1200 New Jersey Avenue SE Room W12-140, West Building, ground Floor Washington, DC 20590 Re: Docket No. FAA-2021-0037 “Overview of FAA Aircraft Noise Policy and Research Efforts” Dear Mr. Welsh: On behalf of the City of Eagan, thank you for the opportunity to offer commented on the FAA’s recently completed Neighborhood Environmental Survey. The City of Eagan is located adjacent to MSP International Airport, with properties located within the 65+ dB DNL noise contours. Eagan has long balanced the benefits from its proximity to the airport with the burden of aircraft noise. Eagan is a member of the MSP Noise Oversight Committee (NOC), and as such, supports the comprehensive findings and observations documented in the NOC’s letter to the FAA dated February 17, 2021. In support of the NOC’s comments to the FAA, the City’s advisory Airport Relations Commission and City Council offer the following points of emphasis in response to the FAA’s survey findings. 1. Reducing noise at the source is the most effective way to manage noise. Research on new noise reduction technology should continue, and incentives to bring those technologies to the fleet should be implemented. Modeling of low-noise procedures should be incorporated into the Aviation Environment Design Tool (AEDT) to analyze and study how such procedures could reduce the frequency of flights over residential land. 2. Non-acoustic factors occurring during the survey contributed to annoyance. The findings demonstrated that concern over FAA procedural changes grew nationally and the discussion around Area Navigation (RNAV) locally caused more activism on the topic. 2 As a witness to the contention caused by RNAV, we respectfully request the FAA involve the communities early in any dialogue or considerations pertaining to RNAV or procedures that would alter existing noise or current operational conditions. 3. Noise annoyance does not end at 65 dB DNL. The FAA should recognize actual annoyance levels are significantly higher than previous studies, and thus areas outside of the 65 dB DNL threshold should be considered when policy decisions are made regarding the impact of aircraft noise. Nearly 500 Eagan homes between the 60-65 db DNL contour received noise mitigation as a result of a legal settlement reached between the Metropolitan Airports Commission (MAC) and surrounding communities. Satisfaction rates from those receiving mitigation are over 95%, demonstrating the success of mitigating to the 60 db DNL contour. Likewise, we encourage the FAA to work in tandem with aviation noise professionals, such as those in the MAC Noise Office, along with aviation industry members. The more we can work as partners, the better the outcomes for our communities. 4. Alternative noise metrics are necessary to fully understand noise exposure. DNL as an average does not fully represent an individual’s experience. Eagan is a perfect example of the ineffectiveness of DNL in that overflights are significantly more prevalent during southerly winds. Thus, a resident may experience 100+ operations overhead on a beautiful, summer day while experiencing zero operations on a cold, winter day. The way DNL averages noise does not depict a realistic snapshot of what residents are experiencing on a daily basis. We request the FAA expand its use of alternative noise metrics as a better way to quantify aircraft noise exposure. 5. The remaining scientific research included in the notice needs to be completed so that the results can inform future policy discussions. The City of Eagan commends the FAA for the research and survey work done to date. We encourage the FAA to prioritize the completion of the research in order to begin public policy discissions. We respectfully request the FAA data be properly used and communicated when policy decisions are made. Most residents do not have the time to read or respond to 900-page research documents. Thus, please be mindful of the end-user and concisely communicate any future findings. Likewise, we ask the FAA to meaningfully engage communities and the NOC prior to considering any noise policy or operational changes at MSP Airport. On behalf of the Eagan City Council and Airport Relations Commission, thank you for your efforts to complete and communicate the survey findings. We look forward to working with the FAA so that together we can find balanced solutions to promote the successful operation of MSP International Airport while minimizing the burden of aircraft noise on our community. Sincerely, Mike Maguire Mayor 6040 28 th Avenue South, Minneapolis, MN 55450 • 612-467 -0741 February 17, 2021 Mr. Kevin Welsh Director, Office of Environment and Energy Federal Aviation Administration Docket Operations, M-30 US Department of Transportation 1200 New Jersey Avenue SE Room W12-140, West Building, Ground Floor Washington, DC 20590 Re: Docket No. FAA-2021-0037 “Overview of FAA Aircraft Noise Policy and Research Efforts” Dear Mr. Welsh: Thank you for inviting comments on the Federal Register Notice regarding the scope and applicability of research initiatives being undertaken by the Federal Aviation Administration to address aircraft noise. The Minneapolis-St. Paul International Airport Noise Oversight Committee (NOC) is the primary advisory body on aircraft noise issues associated with the Minneapolis-St. Paul International Airport (MSP). The NOC is composed of six community representatives and six aviation industry representatives that provide policy recommendations to the Metropolitan Airports Commission (MAC), which owns and operates MSP1. For more than 18 years, the NOC has provided a balanced forum and amassed a distinguished record of identifying and analyzing airport noise issues around MSP, which has resulted in the development of many innovative solutions2. These solutions are based both in acoustical mitigation as well as non-acoustic methods, such as stakeholder and community collaboration. The NOC recognizes the importance of collaboration and, in conjunction with MAC staff, maintains a robust calendar of engagements designed to meet and collaborate with our stakeholders. 1 The NOC aviation industry representation includes air carriers, cargo air carriers, chief pilots, charter air carriers, and t he Minnesota Business Aviation Association. NOC community representation includes the cities of Minneapolis, Bloomington, Eagan, Mendota Heights, Richfield and an At-Large community seat on the Committee representing the cities of Burnsville, Inver Grove Heights, St. Louis Park, St. Paul, Sunfish Lake, Apple Valley and Edina. 2 Please see https://www.macnoise.com/our-neighbors/msp-noise-abatement-efforts. 6040 28 th Avenue South, Minneapolis, MN 55450 • 612-467 -0741 The results of the FAA Neighborhood Environmental Survey validate a principle known by the NOC : Noise concerns around MSP do not stop at 65 decibel (dB) Day-Night Average Sound Level (DNL). Between 2017 and 2019 the NOC reviewed reports of more than 450,000 total noise complaints attributed to MSP operations. Complaint locations were overwhelmingly from locations with an annual noise level below 65 dB DNL, with only one percent of complaints filed from homes within the 65 + dB DNL noise contour. It is with the above as background that the NOC formulates the following comments and suggestions in response to the FAA’s request for public comment on the Neighborhood Environmental Survey. First, the NOC encourages the FAA to continue to explore and accelerate implementation of creative noise reduction strategies. Technology designed to reduce noise at the source is tremendously beneficial to residents, and often provides mutual benefits to airports and operators. Research on a Low Noise Augmentation System being tested in Europe or landing gear noise reduction tests being conducted by Boeing and Safran are examples of exciting progress that will take years to materialize. The NOC is also closely monitoring research conducted by MIT through ASCENT on advanced operational flight procedures, such as modifying landing gear and flap extension and changes to aircraft speeds, to reduce noise at the source. Federally developed incentive programs should be considered for aircraft operators to install or employ noise reduction equipment and methods to accelerate the adoption of these systems and bring products to the fleet faster. The NOC encourages the FAA to build capabilities into the Aviation Environmental Design Tool to quantify the no ise reduction benefits provided by such advanced operational flight procedures and accurately model these low-noise procedures and systems. These capabilities would allow the agency to further reduce the impact on affected residents, by actively designing and implementing procedures at airports that would reduce the frequency of flights over residential and other sensitive land uses. Second, as outlined in the survey results, non-acoustic factors will often help to predict the likelihood that a person is highly annoyed by aircraft noise. Drastic or abrupt changes to aircraft activity or the mere perception of change will alter the patterns of complaints received at MSP. National public awareness and sensitivity to aircraft noise was heightened after NextGen procedure implementation issues at airports such as Phoenix Sky Harbor and San Francisco. These are two potential examples that may have impacted the survey responses. Locally at MSP, the discussion of Area Navigation procedure implementation was contentious, disruptive, and highlighted the fact that early and effective outreach to communities is a critical component to successful implementation. The NOC suggests the FAA evaluate the survey results in concert with operational or procedural changes occurring during the survey period at these airports. The NOC further encourages the FAA to find creative ways to integrate 6040 28 th Avenue South, Minneapolis, MN 55450 • 612-467 -0741 timely and holistic community involvement when pursuing changes at airports with a long history of intelligent dialogue and active participation in noise, like MSP. Third, the NOC urges the FAA to fully consider the impacts of aircraft noise beyond the current federally established 65 dB DNL threshold when making policy decisions on the impacts of aircraft noise in communities around U.S. airports. In its efforts, the NOC would encourage the FAA to think creatively about strategies to reduce noise impacts for residential areas outside of traditional sound insulation programs. The NOC monitors the current MSP residential sound insulation program, which is the most unique and expansive program in the country. Resulting from an agreement settling litigation at MSP, the MAC currently offers sound insulation to homes within the actual 60 dB DNL contour. This program achieves an excellent record of homeowner satisfaction with 95 percent of respondents indicating the improvements were effective at reducing aircraft noise. The NOC recognizes and appreciates the value of this successful program. Further, the NOC also recognizes that residential sound insulation is not the only form of noise reduction. Therefore, this Committee encourages the FAA to think broadly about alternative and innovative forms of noise reduction and provide the necessary tools and resources to airports to enable these efforts. This is an opportunity to build upon the long-established collaboration and ingenuity among airports, communities, regulators, and industry. Fourth, the NOC urges the FAA to consider the use of alternative noise metrics to evaluate single event and threshold noise impacts, such as number of events and time above decibel thresholds and maximum sound levels. While the MAC uses the DNL metric, as directed by federal regulations, the NOC finds that alternative metrics are useful and necessary to more effectively communicate with residents concerned about aircraft noise. The MAC operates the largest system of permanent sound level meters around any airport in the country. Data from this system is available daily and reported to the NOC monthly to provide a more complete assessment of aircraft activity. From this system, the NOC monitors Events Above 65 dB and Time Above 65 dB regularly. Further, sound octave data is used to investigate sound source, Ln data has been used to explain ambient environmental sound, and Lmax data helps to explain unusually intrusive events. The NOC will also incorporate data from temporary sound level meters during work plan studies to inform Committee members. In 2016, communities around MSP passed resolutions stating that the FAA’s noise metric for determining significant impact does not convey the magnitude of high single event noise levels and that alternative noise metrics aid in making quantitative assessments for aircraft noise impacts and communicating those impacts to surrounding communities. Given the use and acceptance of alternative metrics in this community, the NOC would encourage the FAA to further study the inclusion of alternative metrics into future efforts to quantify aircraft noise exposure. Specifically, metrics that quantity the frequency of aircraft activity would augment the benefits of DNL while also addressing the concerns of residents that feel an average level is not representative of their experience. 6040 28 th Avenue South, Minneapolis, MN 55450 • 612-467 -0741 Finally, we applaud the efforts of the FAA to objectively study and understand the effect that aviation noise exposure may have on communities that neighbor airports. The collection of research outlined in this Federal Register notice is extensive. Current research on the Effects of Aircraft Noise on Individuals and Communities including Speech Interference and Children’s Learning, Health and Human Impacts Research, Impacts to Cardiovascular Health, Sleep Disturbance, and Economic Impacts will be crucial elements in the portfolio of scientific evidence on the impact of aviation in the community. These results will more effectively inform future policy makers on the best use of resources and techniques available to minimize the impact on our communities. The NOC would encourage the FAA to prioritize these efforts and complete its research to enable the next phase of this discussion to begin. In keeping with its mission to provide noise program recommendations to the MAC, the NOC is poised and eager to participate in discussions as to how aircraft noise in communities near airports may be effectively managed as well as the FAA’s future decisions on federal noise policy. Sincerely, Jeff Hart Dianne Miller NOC Airport User Co-Chair NOC Community Co-Chair cc: MAC Planning, Development & Environment Committee Brian Ryks, MAC Executive Director / CEO Agenda Information Memo March 2, 2021 Eagan City Council Meeting PUBLIC HEARING A. Project 1409, Eagandale Industrial Park Street Improvements Action To Be Considered: Close the public hearing and approve Project 1409 (Eagandale Industrial Park - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ On June 2, 2020, the City Council directed staff to prepare a feasibility report considering the rehabilitation of Eagandale Industrial Park, commercial/industrial streets in north-central Eagan located north of Lone Oak Road and west of I-35E. ➢ A structural mill and overlay of these streets and stormwater quality improvements are programmed for 2021 in the City of Eagan’s 5-Year CIP (2021-2025). ➢ On February 2, 2021, the draft Feasibility Report was presented to the City Council and a public hearing was scheduled for Tuesday, March 2, 2021. ➢ An online informational neighborhood meeting was held on February 22, 2021, to discuss the proposed improvements. Of the 72 properties to be assessed under these improvements, 2 business representatives representing at least three properties attended the meeting. Meeting minutes are attached. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. Attachments (3) PHA-1 Feasibility Report PHA-2 Neighborhood Meeting Minutes PHA-3 Power Point Presentation `f f EAGAN Report for Eagandale Industrial Park Neighborhood Street Revitalization City Project No. 1409 February 2, 2021 \ ` R R \••• •moiEAGAN To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: February 2, 2021 Re: Eagandale Industrial Park Street Revitalization City Project No.: 1409 Attached is the feasibility report for the Eagandale Industrial Park Street Revitalization, City Project No. 1409. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Reviewed By: Department of Public Wor 0 Finant'o Department I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. '�`---� Aaron Nelson Date: 1231ZC-Lk Reg. No. 45795 Date:'/ 7 Date: TABLE OF CONTENTS ExecutiveSummary..................................................................................................... 1 Introduction/History..................................................................................................... 2 Scope...........................................................................................................................3 AreaTo Be Included.....................................................................................................3 Street Pavement Evaluation.........................................................................................3 Proposed Improvements..............................................................................................4 Easements/Permits......................................................................................................5 Feasibility/Recommendations......................................................................................6 CostEstimate...............................................................................................................6 Assessments................................................................................................................6 Assessment Financing Options.....................................................................................7 RevenueSource...........................................................................................................7 ProjectSchedule..........................................................................................................8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section — Mill & Overlay Executive Summary Backeround Project Name Eagandale Industrial project # 1409 Mill & Overlay w/ Signage Park $ 1,326,300 - Street Area 112,856 SY Street Length 25,740 Feet Improvement Center Ct Constructed 1968-1986 o Sanitary/Storm sewer Corporate Center Cur 1% Scope o Utility castings Total $ 2,477,300 o Watergate valves Corporate Center Dr Overlayed 1987, 2001 Commercial/Industrial Eagandale Blvd Crack Sealed 1989-90 Streets Included Eagandale Ct (underground infiltration chambers) Eagan Industrial Rd Trapp Rd Seal Coated '73, '77, '89, '90, '96, 2006, 2013 West Service Rd Absolute Location Section 3 Relative Location North of Lone Oak Road Township 2 , Range 23 West of 135E Project Details • Roadway resurfacing (full width mill & PCI Rating 40/100 1-1/2" overlay) Mill & Overlay w/ Signage $ 1,326,300 $ 1,326,300 - • Replacement of damaged curb & gutter Recommended Overlay • Adjustment/Replacement of: Improvement $ 39,000 - $ 39,000 o Sanitary/Storm sewer Curb Removal 1% Scope o Utility castings Total $ 2,477,300 o Watergate valves $ 1,151,000 (46%) o Street signage Commercial/Industrial • Utility Improvements Parcels 72 • Stormwater Quality Improvements (underground infiltration chambers) Cost Estimate/ Revenue Eagandale Industrial Park 1 Property City Mill & Overlay w/ Signage $ 1,326,300 $ 1,326,300 - Repair Existing Concrete Curb & Gutter $ 67,800 - $ 67,800 Utility Improvements $ 39,000 - $ 39,000 Stormwater Quality Improvements $ 1,044,200 - $ 1,044,200 Total $ 2,477,300 $ 11326,300 (54%) $ 1,151,000 (46%) Eagandale Industrial Park 1 February 2, 2021 Neighborhood Street Revitalization Eagandale Industrial Park Eagan, Minnesota Introduction/ History Pavement Management - As a part of Eagan's Pavement Management Program (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five -Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 25,740 feet of commercial/industrial streets in north -central Eagan has been identified for 2021 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets were originally constructed between 1968 and 1986 and were resurfaced in 2001. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (approximately 3 years after paving) and a bituminous overlay at approximately 20+ years. Overlaying the roads located within the project area, which are currently in the 22 -year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. The next pavement management project anticipated for this area is a total street and utility reconstruction (15-20 years from now), so only minimal pavement and utility improvements are proposed now. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that the streets were seal coated in 1973, 77, 89, 90, 96, 2006, and 2013. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. Eagandale Industrial Park 2 Infrastructure Review - The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer pipes and other structures) in the project area and determined the underground systems are generally in acceptable working order. The watermain, sanitary sewer, and storm sewer are anticipated to be reconstructed in 15-20 years, so only minimal improvements are proposed now. To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right-of- way and easements such as street lights, utility boxes, and above ground storm water ponds/access, and pedestrian features were evaluated. The rehabilitation of City -maintained items is included in this project, if needed. Scope This project will provide resurfacing (full width 1-1/2" mill & overlay) for approximately 25,740 feet of roadway. Figure 2 in Appendix C illustrates the project limits. Included in this project are the following improvements: replacement of damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, utility improvements, and replacement of street signage. Area to Be Included Properties included in the project lie within Section 3, North of Lone Oak Road and West of I - 35E, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. Street Pavement Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56-100 Routine Maintenance/Crack Seal/Seal Coat 36-55 Patch/Repair and/or Overlay 0-35 Reconstruct/ Reclaim The 2020 PCI rankings for the street segments have a weighted average pavement condition rating of 40, which falls in the "Patch/Repair and/or Overlay" category, as mentioned above. The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2021 construction season is the optimal time to construct the bituminous overlay on this street. Eagandale Industrial Park 3 Any delay of the project may reduce the structural benefit to the street sections and require more substantial rehabilitation. Proposed Improvements Pavement - The proposed street improvements shown in Figure 3. The existing street section for this roadway consists of 4 - 6" bituminous pavement supported by 12" gravel base. The top 1-1/2" thick layer of existing bituminous surface will be milled across its entire surface to accommodate a 1% -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for commercial/industrial streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter — Since the streets in this area will be reconstructed in 15-20 years, only the worst damaged curb & gutter will be replaced as part of this project. It is estimated that approximately 1% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced with seed. While the contractor who performs the work is responsible for its establishment (45 days for seed), adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. There are some flat intersections that will require concrete valley gutter repairs, or new valley gutter installations in order to maintain drainage. Concrete Driveway Repair — Since this area will be reconstructed in 15-20 years, no concrete driveway repairs are anticipated as part of this project since they will be replaced in the near future. Eagandale Industrial Park 4 Utility Adjustment/Replacement — Sanitary/storm sewer manholes, catch basins, and gate valves will be adjusted, repaired, or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. The utilities are anticipated to be reconstructed in 15-20 years, so only immediate repairs are being performed now. All utility related improvements will be financed through the Combined Utility Fund. Signage - Traffic and street identification signage within the project limits have reached the end of their useful life expectancy and are in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night-time visibility, and those that are not will be permanently removed. Streetlights —The streetlights in this area are nearing the end of their life expectancy. Discussions are being held with Xcel Energy to determine if any should be replaced concurrently with the street improvements. Stormwater Quality Improvements — The project area is in the watershed of LeMay Lake, which the MN Pollution Control Agency has determined is impaired for too much phosphorus. Federal and state regulations require studies and plans to reduce sources of such impairments. Eagan's 2015 study determined about 70% of the required phosphorus reduction is from the lake's watershed. Although the City is implementing other projects to improve LeMay Lake, the estimated phosphorus reduction associated with this project essentially fulfills the required watershed reduction. Stantec/Wenck, a City engineering consultant, has designed an underground infiltration system under West Service Road to provide the most cost effective and efficient means to reduce stormwater impacts. This storm water management feature is identified as a 2021 project in the City's 2021-2025 Capital Improvement Plan, and the improvements are being funded by the Stormwater Quality Fund. Eagandale Industrial Park 5 Easement/Permits All work will be in the public right-of-way. No additional easements are anticipated. Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase rideability. It is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five -Year Capital Improvement Plan (2021— 2025) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2021 construction costs and include a 5% contingency and indirect cost of 25%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Eagandale Industrial Park • Mill & Overlay........................................................................ $ 1,326,300 • Repair Existing Concrete Curb & Gutter ................................ $ 67,800 • Utility Improvements................................................................. $ 39,000 • Stormwater Quality Improvements ....................................... $1,044,200 Total........................................................................... $ 21477,300 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for residential streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay— Commercial & Industrial 100% - Repair Existing Concrete Curb & Gutter - 100% Utility Improvements - 100% Stormwater Quality Improvements - 100% Eagandale Industrial Park 6 Mill & Overlay — Commercial/Industrial o Total street length = 25,740 centerline frontage x 2 = 51,480 ff o Total C/I acreage = 337.38 Gross Acres, 333.71 Net Acres 0 51,480' C/I Frontage / 51,480' Total Frontage = 100% o $1,326,300 (Mill & Overlay Costs) x 100% x 100% = $1,326,300 (Total C/I Assessment) o $1,326,300 / 333.71 net acres = $3,974.41 / net acre, rounded to $3,974 / Commercial/Industrial Net Acre Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over ten years for commercial/industrial properties. In 2020, the interest rate was set at 3%. The 2021 rate is not yet available however, it is expected to be comparable and based on City policy will be determined by the City Council in the spring. The following payment schedule is an example of a commercial/industrial assessment of $1,000 with an estimated 3% interest for the assessed amounts, and assumes 14 months interest for the first year: --- Principal / Year Interest /Year - ICost / Year FF -- -------- �15t Year � � $35 $135 $100 loth Year $100 $ 3 $103 Bonds may be issued to finance the improvements. Revenue Source A summary of revenue sources is listed below: The Major Street Fund will finance the estimated street related project deficit of $67,800. The Combined Utility Fund will finance the estimated $39,000 utility improvements. The Stormwater Quality Fund will finance the estimated $1,044,200 stormwater quality improvements. Eagandale Industrial Park 7 Project Cost Property City Contribution Assessment Mill & Overlay w/ Signage $ 1,326,300 $ 1,326,300 - Repair Existing Concrete Curb & $ 67,800 - $ 67,800 Gutter Utility Improvements $ 39,000 - $ 39,000 Stormwater Quality Improvements $ 1,044,200 - $1,044,2 00 Total $ 2,477,300 $ 1,326,300 (54%) $ 11151,000 (46%) The Major Street Fund will finance the estimated street related project deficit of $67,800. The Combined Utility Fund will finance the estimated $39,000 utility improvements. The Stormwater Quality Fund will finance the estimated $1,044,200 stormwater quality improvements. Eagandale Industrial Park 7 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing.................................................................................. February 2, 2021 Informational Meeting............................................................................. February 22, 2021 Public Hearing................................................................................................ March 2, 2021 Approve Plans and Specifications.....................................................................April 6, 2021 BidDate........................................................................................................... April 29, 2021 AwardContract................................................................................................. May 4, 2021 Start Construction.............................................................................................June 1, 2021 Project Completion.....................................................................................September 2021 Final Cost Report............................................................................................. October 2021 Final Assessment Hearing....................................................................................... Fall 2021 First Payment Due with Property Tax Statement ........................................... May 15, 2022 Eagandale Industrial Park 8 Appendix A Preliminary Cost Estimate City Project 1409 Eagandale Industrial Park Item No. Item Unit Unit Price Est Qty Estimated Cost Part 1- Bituminous Street Overlay 2021.501 Mobilization 2104.505 Remove Bituminous Pavement 2232.501 Mill Bituminous Pavement - Full Width (1-1/4" Depth) 2357.502 Bituminous Material for Tack Coat 2360.501 SP WEA340B Wearing Course Mixture (Overlay) 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2504.602 Adjust Gate Valve Box 2506.602 Adjust Frame and Ring Casting (Manhole) 2563.601 Traffic Control SP -1 Signage Remove and Replace Subtotal 5% Contingency Su btota1 25% Indirect Costs Part I - Bituminous Street Overlay LS $ 40,000.00 1 $ 40,000.00 SY $ 10.00 400 $ 4,000.00 SY $ 2.00 112,856 $ 225,712.00 GAL $ 3.00 7335 $ 22,005.00 TON $ 65.00 10,475 $ 680,875.00 TON $ 120.00 120 $ 14,400.00 EA $ 300.00 19 $ 5,700.00 EA $ 800.00 5 $ 4,000.00 LS $ 5,000.00 1 $ 5,000.00 LS $ 8,800.00 1 $ 8,800.00 $ 1,010,492.00 $ 50,524.60 $ 1,061,016.60 $ 265,254.15 $ 1,326,270.75 25.00 10 Item No. Item Unit Unit Price Est Qty Estimated Cost Part 11- Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb and Gutter 2104.505 Remove Concrete Driveway/Valley Gutter 2105.501 Common Excavation 2211.501 Aggregate Base, CI.5 (100% Crushed) 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2504.602 Irrigation Repair 2531.501 Concrete Curb and Gutter, B618 2531.507 Concrete Valley Gutter - High Early 2572.503 Application of Water for Turf Establishment 2573.530 Storm Drain Inlet Protection 2575.550 Boulevard Topsoil Borrow —MnDOT3877-2F 2575.609 Seeding (MnDOT 270 w/Type 5 Hydromulch) Subtotal 5% Contingency Subtotal 25% Indirect Costs Part II - Repair Existing Curb & Gutter LF $ 10.00 250 $ 2,500.00 SY $ 25.00 10 $ 250.00 CY $ 40.00 5 $ 200.00 TON $ 35.00 5 $ 175.00 TON $ 120.00 10 $ 1,200.00 EA $ 250.00 2 $ 500.00 LF $ 32.00 250 $ 8,000.00 SY $ 95.00 250 $ 23,750.00 GAL $ 0.10 4,950 $ 495.00 EA $ 150.00 93 $ 13,950.00 CY $ 60.00 6 $ 360.00 SY $ 5.00 55 $ 275.00 $ 51,655.00 Eagandale Industrial Park 9 $ 2,582.75 $ 54,237.75 $ 13,559.44 $ 67,797.19 Item No. Item Unit Unit Price Est Qty Estimated Cost Part III - Utility Improvements 2211.501 Aggregate Base, Cl. 5 (100% Crushed) TON $ 35.00 5 $ 175.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 120.00 16 $ 1,920.00 2504.602 Repair Gate Valve Mid Section EA $ 500.00 3 $ 1,500.00 2504.602 Repair Gate Valve Top Section w/Cover EA $ 500.00 5 $ 2,500.00 2104.523 Salvage Casting EA $ 125.00 2 $ 250.00 2506.521 Install Casting EA $ 700.00 2 $ 1,400.00 2506.602 Adjust Frame & Ring Casting (CB) HDPE Rings EA $ 700.00 5 $ 3,500.00 2506.602 Remove & Replace Casting 3067V (Catch Basin) EA $ 1,000.00 9 $ 9,000.00 2506.602 Remove & Replace Top Slab EA $ 1,500.00 3 $ 4,500.00 2506.602 Repair/ Grout CB or MH Invert/ Doghouses EA $ 500.00 10 $ 5,000.00 Subtotal $ 29,745.00 5% Contingency Subtotal 25% Indirect Costs Part III - Utility Improvements Part I - Bituminous Street Overlay Part II - Repair Existing Curb & Gutter Part III - Utility Improvements Project 1409 Total Cost Eagandale Industrial Park 10 $ 1,487.25 $ 31,232.25 $ 7,808.06 $ 39,040.31 $ 1,326,270.75 $ 67,797.19 $ 39,040.31 $ 1,433,108.25 OPINION OF PROBABLE COST CITY OF EAGAN LEMAY LAKE (DP -2) IMPROVEMENTS CITY PROJECT 1326 60 DESIGN OPTION 2 - COST ESTIMATE 12/2/2020 t WENCK Bid Item IDescription Units lQuantityl 86,293.60 Unit Price I Subtotal 10% ENGINEERING $ 94,922.96 ESTIMATED TOTAL $ 1,044,152.56 DIVISION I: GENERAL 1 MOBILIZATION & DEMOBILIZATION LUMP SUM 1 $ 42,000.00 $ 42,000.00 2 ITRAFFIC CONTROL LUMP SUM 1 $ 15,000.00 $ 15,000.00 DIVISION 2: EROSION CONTROL 3 STABILIZED CONSTRUCTION EXIT EACH 2 $ 2,500.00 $ 5,000.00 4 INLET PROTECTION EACH 8 $ 250.00 $ 2,000.00 5 SEED MIXTURE -25-131 SQ YD 1400 $ 1.10 $ 1,540.00 6 FERTILIZER TYPE 2(300LB/ACRE) POUND 90 $ 1.00 $ 90.00 7 HYDRAULIC MULCH MATRIX (75LB/ACRE) POUND 25 $ 3.00 $ 75.00 DIVISION 3: REMOVALS 8 SAWCUT BITUMINOUS PAVEMENT (FULL DEPTH) LF 175 $ 8.00 $ 1,400.00 9 REMOVE BITUMINOUS PAVEMENT SQ YD 2220 $ 7.00 $ 15,540.00 10 REMOVE CONCRETE CURB AND GUTTER LF 895 $ 5.00 $ 4,475.00 11 REMOVE CONCRETE APRON SQ YD 130 $ 10.00 $ 1,300.00 12 CLEAR AND GRUB TREE EACH 5 $ 450.00 $ 2,250.00 13 REMOVE STORM SEWER STRUCTURE EACH 1 $ 300.00 $ 300.00 14 1 REMOVE STORM SEWER PIPE LF 200 $ 30.00 $ 6,000.00 15 ISALVAGE & REINSTALL CASTING EACH 2 $ 600.001$ 1,200.00 16 ISALVAGE AND REINSTALL SIGN AND POST EACH 1 4 $ 150.001$ 600.00 DIVISION 4: EARTHWORK 17 SALVAGE & RESPREAD EXISTING TOPSOIL LUMP SUM 1 $ 3,000.00 1 $ 3,000 00 18 ICOMMON EXCAVATION - ONSITE MANAGEMENT FOR STORMWATER SYSTEM (EV) (P) CU YD 6118 1 $ 12.001$ 73,416.00 19 COMMON EXCAVATION - OFFSITE (EV) (P) CU YD 3950 $ 20.00 $ 79,000.00 DIVISION S: STORM SEWER 20 CONNECT TO EXISTING STORM STRUCTURE EACH 1 $ 1,000.00 $ 1,000.00 21 CONNECT TO EXISTING STORM SEWER PIPE EACH 3 $ 1,000.00 $ 3,000.00 22 24" RCP SEWER CLASS V LF 15 $ 150.00 $ 2,250.00 23 42" RCP SEWER CLASS V LF 95 $ 200.00 $ 19,000.00 24 5' DIAMETER STORM SEWER CATCH BASIN MANHOLE EACH 1 $ 6,000.00 $ 6,000.00 25 V DIAMETER STORM SEWER MANHOLE EACH 1 $ 10,000.00 $ 10,000.00 26 V DIAMETER STORM SEWER MANHOLE W/ WEIR WALL EACH 1 $ 10,000.00 $ 10,000.00 27 17DIAMETER STORM SEWER MANHOLE W/ SAFL BAFFLE EACH 1 $ 15,000.00 $ 15,000.00 28 8' DIAMETER STORM SEWER MANHOLE W/ SAFL BAFFLE EACH 1 $ 18,000.00 $ 18,000.00 29 T DIAMETER STORM SEWER MANHOLE W/ WEIR WALL EACH 1 $ 13,000.00 $ 13,000.00 30 GEOTEXTILE FABRIC, TYPE IV NON -WOVEN SQ YO 1500 $ 3.00 $ 4,500.00 31 6" PERFORATED PVC SDR 26 DRAIN TILE PIPE LF 950 $ 25.00 $ 23,750.00 32 COARSE AGGREGATE INFILTRATION MEDIA CU YD 1824 $ 25.00 $ 45,600.00 33 PRETREATMENT STRUCTURE LUMP SUM 1 $ 100,000.00 $ 100,000.00 34 1 STORM TRAP STRUCTURE LUMP SUM 1 $ 250,000.00 $ 250,000.00 DIVISION 6: STREET 35 aG': R -GATE BASE CLASS 5, 100% CRUSHED (6") TON 700 $ 30.00 $ 21,000.00 36 BITUMINOUSTACK COAT MATERIAL GAL 105 $ 5.00 $ 525.00 37 TYPE SP 12.5 WEARING COURSE MIXTURE (3,C) (1.5") TON 190 $ 70.00 5 13,300.00 38 TYPE SP 12.5 NON WEARING COURSE MIXTURE (3,C) (2.0") TON 250 $ 75.00 $ 18,750.00 39 B618 CURB AND GUTTER LF 895 $ 25.00 $ 22,375.00 40 8" CONCRETE APRON SQ YD 130 $ 90.00 $ 11,700.00 SUBTOTAL: $ 862,936.00 10% CONTINGENCY $ 86,293.60 SUBTOTAL: $ 949,229.60 10% ENGINEERING $ 94,922.96 ESTIMATED TOTAL $ 1,044,152.56 Appendix B Eagandale Industrial Park 11 Preliminary Assessment Roll City Project #1409 Eagandale Industrial Park Center Court Industrial P.I.N. Gross Acreage Net Acreage Unit Assessment Total Street Assessment 2941 Center Ct 10-22500-05-110 1.80 1.80 $ 3,974 $ 7,153 2956 Center Ct 10-22500-06-040 2.98 2.98 $ 3,974 $ 11,843 2963 Center Ct 10-22500-05-100 1.75 1.75 $ 3,974 $ 6,955 2978 Center Ct 10-22500-06-050 1.90 1.90 $ 3,974 $ 7,551 2983 Center Ct 10-22500-05-090 1.73 1.73 $ 3,974 $ 6,875 1365 Corporate Center Cur Subtotal 10.16 10.16 $ 3,974 $ 40,376 Corporate Center Curve Industrial P.I.N. Gross Acreage Net Acreage Unit Assessment Total Street Assessment 1300 Corporate Center Cur 10-22531-02-040 5.82 5.60 $ 3,974 $ 22,254 1325 Corporate Center Cur 10-22536-01-010 2.24 1.74 $ 3,974 $ 6,915 1335 Corporate Center Cur 10-22535-01-020 0.75 0.75 $ 3,974 $ 2,981 1340 Corporate Center Cur 10-22531-02-030 5.58 5.58 $ 3,974 $ 22,175 1345 Corporate Center Cur 10-22535-01-010 0.88 0.88 $ 3,974 $ 3,497 1365 Corporate Center Cur 10-22534-01-010 2.90 2.90 $ 3,974 $ 11,525 1380 Corporate Center Cur 10-22531-02-020 5.92 5.92 $ 3,974 $ 23,526 1400 Corporate Center Cur 10-22531-02-010 2.41 2.41 $ 3,974 $ 9,577 N/A Su btota 1 26.50 25.78 $ 3,974 $ 102,450 Corporate Center Drive Industrial P.I.N. Gross Acreage Net Acreage Unit Assessment Total Street Assessment 1275 Corporate Center Dr 10-22500-03-141 1.56 1.56 $ 3,974 $ 6,199 1279 Corporate Center Dr 10-22500-03-142 1.56 1.56 $ 3,974 $ 6,199 1284 Corporate Center Dr 10-22506-01-020 6.80 6.80 $ 3,974 $ 27,023 1285 Corporate Center Dr 10-22530-03-030 5.61 5.61 $ 3,974 $ 22,294 1301 Corporate Center Dr 10-22530-03-010 4.67 4.67 $ 3,974 $ 18,559 1303 Corporate Center Dr 10-22532-01-030 7.61 7.61 $ 3,974 $ 30,242 1305 Corporate Center Dr 10-22532-01-010 10.95 10.95 $ 3,974 $ 43,515 2700 Pilot Knob Rd 10-22533-01-010 5.07 5.07 $ 3,974 $ 20,148 N/A 10-22506-01-010 2.09 2.09 $ 3,974 $ 8,306 N/A 10-22533-01-020 1.67 1.67 $ 3,974 $ 6,637 Subtotal 47.59 47.59 $ 189,123 Eagandale Industrial Park 12 Eagandale Boulevard Industrial P.I.N. Gross Acreage Net Acreage Unit Assessment Total Street Assessment 2750 Eagandale Blvd 10-16525-01-010 47.45 45.13 $ 3,974 $ 179,483 2777 Eagandale Blvd 10-22500-03-071 3.10 3.10 $ 3,974 $ 12,319 2782 Eagandale Blvd 10-22500-05-010 10.00 10.00 $ 3,974 $ 39,740 2797 Eagandale Blvd 10-16945-01-010 2.07 2.07 $ 3,974 $ 8,226 2815 Eagandale Blvd 10-22500-03-111 2.07 2.07 $ 3,974 $ 8,226 2855 Eagandale Blvd 10-22506-01-040 3.02 3.02 $ 3,974 $ 12,001 2861 Eagandale Blvd 10-22506-01-041 3.83 3.83 $ 3,974 $ 15,220 2864 Eagandale Blvd 10-17930-01-010 19.58 19.58 $ 3,974 $ 77,811 2919 Eagandale Blvd 10-11440-01-010 3.23 3.23 $ 3,974 $ 12,836 2940 Eagandale Blvd 10-19000-01-010 7.90 7.90 $ 3,974 $ 31,395 2955 Eagandale Blvd 10-22500-04-171 3.00 3.00 $ 3,974 $ 11,922 1313 Lone Oak Rd 10-22500-04-191 12.50 12.32 $ 3,974 $ 48,960 Subtotal 117.75 115.25 $ 458,140 Eagandale Court Industrial P.I.N. Gross Acreage Net Acreage Unit Assessment Total Street Assessment 1325 Eagandale Ct 10-22506-01-031 5.84 5.84 $ 3,974 $ 23,208 1335 Eagandale Ct 10-22500-04-062 3.42 3.42 $ 3,974 $ 13,591 N/A 10-90470-00-010 0.14 0.14 $ 3,974 $ 556 1230 Eagan Industrial Rd Subtotal 9.40 9.40 $ 3,974 $ 37,356 Eagan Industrial Road Industrial P.I.N. Gross Acreage Net Acreage Unit Assessment Total Street Assessment 1170 Eagan Industrial Rd 10-22500-05-150 4.79 4.79 $ 3,974 $ 19,035 1175 Eagan Industrial Rd 10-22500-07-141 3.40 3.40 $ 3,974 $ 13,512 1190 Eagan Industrial Rd 10-22507-01-022 6.67 6.67 $ 3,974 $ 26,507 1230 Eagan Industrial Rd 10-22500-03-025 5.19 5.19 $ 3,974 $ 20,625 1243 Eagan Industrial Rd 10-22500-02-070 1.00 1.00 $ 3,974 $ 3,974 1253 Eagan Industrial Rd 10-22500-02-080 1.01 1.01 $ 3,974 $ 4,014 1270 Eagan Industrial Rd 10-22530-03-020 4.96 4.96 $ 3,974 $ 19,711 1299 Eagan Industrial Rd 10-22500-02-132 1.50 1.50 $ 3,974 $ 5,961 N/A 10-22500-02-060 1.00 1.00 $ 3,974 $ 3,974 N/A 10-22500-02-050 1.00 1.00 $ 3,974 $ 3,974 N/A 10-22500-02-042 0.47 0.47 $ 3,974 $ 1,868 Subtotal 30.99 30.99 $ 123,154 Eagandale Industrial Park 13 Trapp Road Industrial P.I.N. Gross Acreage Net Acreage Unit Assessment Total Street Assessment 1181 Trapp Rd 10-22500-08-051 8.83 8.83 $ 3,974 $ 35,090 1200 Trapp Rd 10-22500-02-361 6.23 6.23 $ 3,974 $ 24,758 1230 Trapp Rd 10-22500-02-341 2.00 2.00 $ 3,974 $ 7,948 1240 Trapp Rd 10-22500-02-310 1.00 1.00 $ 3,974 $ 3,974 1245 Trapp Rd 10-22511-01-021 11.85 11.85 $ 3,974 $ 47,092 1255 Trapp Rd 10-22500-01-140 2.10 2.10 $ 3,974 $ 8,345 1256 Trapp Rd 10-26880-01-010 7.00 7.00 $ 3,974 $ 27,818 1279 Trapp Rd 10-22410-01-010 6.45 6.45 $ 3,974 $ 25,632 1286 Trapp Rd 10-22530-01-010 2.30 2.30 $ 3,974 $ 9,140 1301 Trapp Rd 10-22532-01-020 4.67 4.67 $ 3,974 $ 18,559 N/A 10-22500-02-320 1.00 1.00 $ 3,974 $ 3,974 N/A 10-22500-02-133 0.11 0.11 $ 3,974 $ 437 Su btota 1 53.54 53.54 $ 212,768 West Service Road Industrial P.I.N. Gross Acreage Net Acreage Unit Assessment Total Street Assessment 2737 West Service Rd 10-00300-03-020 2.97 2.97 $ 3,974 $ 11,803 2757 West Service Rd 10-22490-01-020 3.95 3.95 $ 3,974 $ 15,697 2805 West Service Rd l 10-22500-07-151 3.24 3.24 $ 3,974 $ 12,876 2845 West Service Rd 10-22500-07-171 4.09 3.64 $ 3,974 $ 14,465 2871 West Service Rd 10-22500-05-230 6.18 6.18 $ 3,974 $ 24,559 2905 West Service Rd 10-22500-05-201 4.00 4.00 $ 3,974 $ 15,896 2919 West Service Rd 10-22507-01-040 3.22 3.22 $ 3,974 $ 12,796 2922 West Service Rd 10-22500-06-031 5.67 5.67 $ 3,974 $ 22,533 2925 West Service Rd 10-22507-01-030 5.15 5.15 $ 3,974 $ 20,466 2935 West Service Rd 10-22500-05-121 1.13 1.13 $ 3,974 $ 4,491 N/A 10-00300-03-010 1.85 1.85 $ 3,974 $ 7,352 Su btota 1 41.45 41.00 $ 162,934 Total C/I 337.38 333.71 $ 1,326,300 C/I Frontage 51,480 100.00% Non -Assessable Frontage 0 0.00% Total Frontage 51,480 100.00% Eagandale Industrial Park 14 \ 1 I I \ 1 I / 2021 Street Revitalization - Project 1409 Eagandale Industrial Park EAGAN 'OF Eq e��` ' % 0 ' c 2021 Street Revitalization - Project 1409 z sT_ Eagandale Industrial Park \98SHE, \ 1 I I \ \ 1 I I I EAGAN 2021 Street Revitalization Project 1409 - Eagandale Industrial Park Section Detail 60' ROW 41'- 48' F -F TYPICAL L 6" - 6.5" EXIST. BITUMINOUS EXIST. 3.5" - CURB &GUTTER EXIST. 12" CL. 5 GRAVEL BASE ER EXIST. TYPICAL SECTION EAGANDALE INDUSTRIAL PARK 60' ROW 41'- 48' F -F TYPICAL 2" BITUMINOUS 1.75' FULL WIDTH OVERLAY MILL REMOVE & REPLACE EXIST. 8618 CURB &GUTTER, AS DIRECTED BY 2' - SPWEA340B BITUMINOUS WEAR COURSE 2357 THE ENGINEER BITUMINOUS TACK COAT 4.5" - 5" EXISTING BITUMINOUS EXIST. 3.5" - 12" CL. 5 GRAVEL BASE TYPICAL SECTION EAGANDALE INDUSTRIAL PARK L:\USERS\PUBWORKS\Engineering\T Strid Date: 12/8/2020 Eagandale Industrial Park Neighborhood Street Revitalization City Project No. 1409 Informational Meeting – 3:30 P.M. Monday, Feb. 22, 2021 Microsoft Teams Meeting Attendance Aaron Nelson, Assistant City Engineer, 2 business representatives attended the meeting. 1 representative was from 1305 Corporate Center Drive, and the other said her company represents many of the businesses in the project area (specifically said 1190 Eagan Industrial Road and 2925 West Service Road, but stated there were others too. Presentation of Project Details Nelson presented a PowerPoint presentation and explained the scope of work, schedule, costs, funding, assessments, anticipated future reconstruction of street and utilities 15-20 years from now, re-striping on Eagandale Boulevard, 6-8 week road closure for 1 block of West Service Road to install underground stormwater chambers under the road, and detour & traffic related impacts. The representatives in attendance had a few specific questions that were discussed as described below. Questions/ Comments 1. What is the specific properties proposed assessment? The only assessable cost with this project is for the mill & overlay portions of the project. Since the streets and utilities in the area are anticipated to be reconstructed the next time maintenance is performed (15-20 years from now), the scope of these improvements is proposed to be minimal (1-2% curb replacement, no driveway apron repairs, minimal utility repairs). The city will pay 100% of curb, utility, and stormwater quality related expenses. The estimated assessment to the property owners is $3,974/net acre. The draft Feasibility Report and Assessment Roll is posted on the City’s website, and the link was provided in the Neighborhood Meeting notice. Nelson also shared the assessment amount for the specific properties for the meeting attendees. 2. General comment that it would have been nice if the properties would have been given a heads up that the street improvements were proposed and the properties would be assessed. The City mails notices to all property owners approximately 3 years prior to street improvements to inform the property owner that street maintenance is proposed, provides general information about the scope of the improvements, and provides a typical range of assessment amounts for that type of improvement. More specific information is mailed to the property owners the fall/winter before the improvements are performed. 3. These businesses have a lot of truck traffic and need to know about the road closure and detour in advance. West Service Road, 1 block east of Eagandale Boulevard, will be closed for approximately 6-8 weeks so underground stormwater chambers can be installed under the road. After the contract is awarded, the City will meet with the contractor to discuss the timing, phasing, detour, etc., and then the expected closure dates, location, and detour plan will be mailed to all the properties in the area so they can share the information with all their drivers. Advanced road closure signage will be installed at least 1 week prior to the closure. The detour route is fairly short and easy to navigate and there is a turn around for any truck traffic that mistakenly goes the wrong direction. The meeting adjourned at 4:10 p.m. Public Hearing Projects March 2, 2021 1 2021 Street Revitalization Commercial/Industrial Miles Properties 1409 –Eagandale Industrial Park 4.88 72 2021 Street Revitalization 1409 –Eagandale Industrial Park Curb & Gutter Mill Signage Catch Basin Storm/Sanitary Sewer & Watermain Overlay Proposed Improvements Stormwater Quality Improvements (underground infiltration chambers) *Xcel Energy will be working on streetlights during construction Property City Mill & Overlay -Commercial/Industrial 100%-0- Concrete Curb & Gutter Repair -0-100% Utility Improvements -0-100% Stormwater Quality Improvements -0-100% Assessment Ratio Estimated Project Costs & Financing Costs Mill & Overlay Curb & Gutter Utility Repairs Stormwater Quality Impr.Total 1409 –Eagandale Industrial Park $ 1,326,300 $ 67,800 $ 39,000 $ 1,044,200 $ 2,477,300 Financing City Cost Assessment Total 1409 –Eagandale Industrial Park $ 1,151,000 (46%)$ 1,326,300 (54%) $ 2,477,300 Project No. Special Assessment Annual Principal 1st Year Interest 1st Year Installment 1409 Per $1,000 Assessed C/I $100 $ 35 $ 135 10-year term @ 3% annual interest (estimated) $3,974 / Net Acre Commercial / Industrial Estimated Assessments & Financing S c h e d u l e Present Feasibility Report Feb. 2, 2021 Informational Meeting Feb. 22, 2021 Public Hearing March 2, 2021 Approve Plans & Specifications April 6, 2021 Bid Date April 29, 2021 Award Contract May 4, 2021 Start Construction June 1, 2021 Project Completion Sept. 2021 Final Cost Report Oct.2021 Final Assessment Hearing Fall, 2021 1st Payment w/ Property Tax May 15, 2022 Agenda Information Memo  March 2, 2021, Eagan City Council Meeting      PUBLIC HEARING    B. Certification of Delinquent Utilities      Action To Be Considered:    To close the public hearing and approve the final assessment roll for delinquent utility  bills and authorize its certification to Dakota County for collection with property taxes.    Facts:     The City Code allows for collection through certification of delinquent utility bills  which are not paid.   At the February 2, 2021 City Council meeting, a public hearing was scheduled for  the March 2, 2021 City Council meeting.   The City currently has approximately 735 utility bill accounts with delinquent  balances.  The assessable amount of these accounts is $150,147.98.  If certified,  3% interest is added to the individual balances.   All notices have been published in the legal newspaper and letters were sent to  all affected property owners informing them of this hearing and their proposed  assessments.   A year ago at this time, the City listed 832 utility bill accounts with delinquent  balances totaling $194,624.21 which is higher than the current year assessment  roll presented tonight.     The difference in accounts and total balance from 2021 to 2020 for the spring  certification may be attributed to the following:  ‐ The delinquency cutoff date was moved back in the October 2020 to  capture one less billing cycle and therefore giving customers more  time to pay their bill prior to the being considered delinquent.  This is  consistent with how the fall certification accounts were determined.  ‐ Customers may have had more available funds to pay their bill due to  Federal Government relief and less consumer spending during the  pandemic.  ‐ Penalties and Interest were not applied to accounts during this period  ‐ I&I surcharges totaling $10,000 were included in the spring  certification listing in 2020.  These surcharges are not certified to the  County and were removed from the 2021 listing.    Attachments:  (1)  ‐  PHB‐1 Delinquent account list  Delinquent Account Listing Account # Service Address Property ID # Balance with Fee 0012026225 1950 RAHNCLIFF CT 106272801010 $2,731.91 0012280673 659 OVERHILL RD 105615103050 $1,595.77 0036202604 2954 SIBLEY MEMORIAL HWY 106420000010 $1,408.84 0010301703 4265 LIMESTONE DR 101670106080 $1,398.27 0011803707 4613 CAMBRIDGE DR 101350004280 $1,338.45 0036140507 1602 SNOWFLAKE DR 101807501070 $1,214.28 0025718909 1827 JOURDAN CT 102737501040 $1,070.32 0011309606 1276 DUNBERRY LANE 101710302090 $1,062.04 0010907707 4245 CARLSON LAKE LANE N 108435401220 $1,036.32 0036804706 3918 WORCHESTER DR 103299001190 $1,027.47 0024715104 1355 CHATTERTON RD 101697501120 $949.78 0012215000 4224 VALLEY FORGE PL 105210002250 $912.80 0025658709 2196 WATER LILLY LANE 102242502801 $874.50 0089912830 505 HOPE DR 102242401010 $821.47 0010801306 4454 CHES MAR CIR 101710002010 $798.50 0011003100 1708 HICKORY HILL 108460102110 $746.62 0036400208 3330 PILOT KNOB RD 104750001010 $706.78 0025703901 1570 OAKBROOKE TER 105376404130 $693.48 0023901705 4165 BLACKHAWK RD 100200079030 $680.93 0023410400 3665 SIBLEY MEMORIAL HWY 101680002030 $677.37 0011726908 4291 SUN CLIFF RD 107297601170 $674.12 0025715608 4113 OAKBROOKE CURVE 105376502100 $673.14 0025677402 1483 WEST POND RD 104205102110 $670.36 0023905409 4048 HALITE LANE 101670605380 $663.14 0089907245 1721 TERRA GLENN CT 107540103010 $601.44 0023109309 2087 GARNET LANE 101670005090 $593.88 0025205907 1509 BLACKHAWK RIDGE WAY 101440001020 $567.96 0036107928 3305 DONALD AVE 104490001122 $555.49 0011732500 4352 FOX RIDGE CT 107297606140 $550.22 0023408719 1995 GOLD TR 104730001020 $541.43 0024712721 1362 BERRY RIDGE RD 101380001010 $495.11 0036201903 2975 WITBY DR 108880000181 $491.68 0025659103 2132 WATER LILLY LANE 102242503201 $486.88 0023507700 4034 BERYL RD 101670405080 $475.44 0025658808 2170 WATER LILLY LANE 102242502906 $468.99 0012100400 4587 MAPLE LEAF CIR 101715002330 $454.50 0023609407 3856 CINNABAR DR 101670801040 $453.41 0023508708 4052 MICA TR 101670412090 $448.28 0024113508 3858 PALISADE WAY 101670704080 $437.58 0025724808 4152 RAPTOR RD 103097602060 $435.16 0089907100 1712 TERRA GLENN CT 107540103070 $430.14 0037203007 3795 GREENSBORO DR 103090001010 $428.25 0025222803 1559 LAKEVIEW CURVE 107260103080 $420.74 0010101202 2092 SHALE LANE 101670307050 $416.17 0012607107 2102 CLIFFHILL LANE 101660005090 $407.48 0038301701 842 GOVERN CIR 102880104060 $404.50 1 Delinquent Account Listing 0012906400 4491 CLOVER LANE 102275001230 $400.83 0012608204 4532 SCOTT TR 101660201030 $395.76 0011813805 4785 BEACON HILL RD 101350009060 $381.85 0024301301 3650 KOLSTAD RD 107650009020 $381.00 0010409001 4323 ONYX DR 101670303150 $379.86 0089909280 3605 SAWGRASS TR S 107270106020 $379.42 0036400216 3330 PILOT KNOB RD 104750001010 $371.74 0036610202 3280 DODD RD 100380008060 $371.14 0012829404 4720 RIDGE WIND TR 105675005030 $370.58 0010103505 4316 NICOLS RD 101670306110 $369.70 0024223406 3648 ASHBURY RD 101435102040 $369.12 0023111701 2074 EMERALD LANE 101670006050 $368.66 0012629804 4415 CINNAMON RIDGE CIR 101740204112 $359.04 0089908740 3010 DENMARK AVE 102252401010 $358.42 0024318107 1227 TIMBERSHORE LANE 107650309010 $358.32 0013167804 4706 BRISTOL BLVD 108375104160 $353.22 0013284104 551 CAYLIN CT 104580101160 $350.48 0023413305 1735 KYLLO LANE 106400004130 $349.13 0023210107 2106 JADE LANE 101670202080 $342.92 0011122900 4383 WOODGATE LANE N 104725201060 $342.10 0036605707 3325 WREN LANE 103200101040 $341.53 0023300908 4050 DIAMOND PT 101665001030 $336.66 0023304009 2097 CARNELIAN LANE 101670208250 $333.84 0010312502 2042 DIFFLEY RD 101670104020 $330.86 0024406308 1655 BLACKHAWK COVE 101438102050 $330.84 0025106402 1681 BOARDWALK 103190002450 $325.43 0024318800 1239 TIMBERSHORE LANE 107650206030 $324.94 0023712805 1794 SILVER BELL CIR 101671103030 $322.63 0010201200 2073 QUARTZ LANE 101670304080 $320.21 0013162607 1600 WEXFORD CIR 108385101320 $317.90 0023102304 4084 DIAMOND DR 101670202010 $317.02 0012628202 4461 SLATER RD 101740202041 $315.42 0012622700 4566 CINNAMON RIDGE TR 101740001062 $314.97 0012622403 4576 CINNAMON RIDGE TR 101740001042 $314.38 0024209900 1516 WOODVIEW AVE W 107300118010 $313.32 0023811615 4064 MAGNETITE PT 101670605160 $313.27 0011742202 4279 EAGLE CREST DR 107297802090 $311.40 0023508807 4046 MICA TR 101670412010 $310.12 0024804205 3603 WIDGEON WAY 106590001010 $309.68 0025668906 1685 DONEGAL CT 104950001100 $308.28 0011008703 1763 WALNUT LANE 108460104150 $308.18 0011506805 4322 KAUFMANIS WAY 108425104130 $304.76 0010210300 4267 DIAMOND DR 101670108120 $304.44 0023408602 1989 GOLD TR 104730001030 $301.99 0010210607 4251 DIAMOND DR 101670108090 $301.56 0012632865 4426 CINNAMON RIDGE TR 101740401041 $301.20 0012318309 4616 1/2 RIDGE CLIFFE DR 103980311030 $300.10 2 Delinquent Account Listing 0038012209 3761 BAYBERRY LANE 107587801040 $299.62 0037708005 1043 BRIAR CREEK RD 104507501260 $296.38 0089913210 786 SUMMERBROOKE CT 107295001200 $294.28 0011737509 4281 FOX RIDGE RD 107297903020 $292.01 0013228903 4602 STONECLIFFE DR 105766101010 $291.29 0010208502 2090 CORAL LANE 101670107520 $290.45 0025110404 1601 PACIFIC AVE 103190004210 $287.18 0023709900 3842 COUNTRY CREEK WAY 101671101140 $286.34 0024604100 3552 WIDGEON WAY 102190002110 $286.27 0010101905 2120 SHALE LANE 101670307120 $285.92 0024214801 3457 HIGHLANDER DR 107300309050 $284.75 0012034708 2037 ROYALE DR 102247502030 $284.51 0024324501 3757 DENMARK TR W 105750303180 $284.28 0089908455 654 PARKSIDE CT 102087503020 $283.80 0023913304 1775 TACONITE TR 101670607110 $283.47 0089911070 717 MARSH CT 104757001050 $282.56 0012624201 4431 SLATER RD 101740202151 $279.04 0024204406 1524 GREENWOOD CT N 107300019050 $277.08 0023304108 2101 CARNELIAN LANE 101670208240 $276.30 0025682402 1640 OAKBROOKE DR 105376007050 $276.28 0012280624 668 OVERHILL RD 105615101030 $275.30 0012621801 4594 CINNAMON RIDGE TR 101740001011 $274.77 0036500601 1255 TRAPP RD 102250001140 $274.70 0013157607 4350 BENT TREE LANE 101230202010 $274.40 0011123700 1754 DRAKE DR 104725202030 $272.70 0023704703 3956 TURQUOISE CIR 101670506510 $269.42 0012700308 4627 HALDEN CIR 106398001030 $267.99 0089909405 2151 CEDAR GROVE TR 105090303030 $267.45 0023509003 4059 OLIVINE DR 101670412030 $265.33 0011717204 4235 SUNRISE RD 107297501051 $265.33 0024010100 1733 BLUEBILL DR 107710005010 $264.80 0012711305 4611 LENORE LANE 106398010010 $264.78 0010200509 2101 QUARTZ LANE 101670304150 $264.45 0024202707 1533 GREENWOOD CT N 107300003080 $264.30 0012633145 4372 CINNAMON RIDGE TR 101740501102 $262.68 0025105107 1629 BOARDWALK 103190002320 $260.20 0012605507 2115 CLIFFHILL LANE 101660002070 $260.16 0023906209 4072 CINNABAR DR 101670610080 $259.79 0012632766 4444 CINNAMON RIDGE TR 101740301081 $259.50 0010806008 1289 VILDMARK DR 108435201240 $257.82 0011716313 4300 BLACKHAWK RD 100290008030 $256.57 0023112808 2088 OPAL DR 101670005260 $256.46 0024203705 1538 GREENWOOD CT N 107300021050 $255.68 0023406853 2125 SILVER BELL RD 108520001020 $255.46 0024905408 3608 CROSSROAD CT 101870001280 $254.15 0023601602 1812 TURQUOISE TR 101670407250 $253.32 0025111303 3569 BALTIC AVE 103190003060 $253.20 3 Delinquent Account Listing 0036607604 640 RITA CT 103200000070 $252.65 0012632717 4454 CINNAMON RIDGE TR 101740301051 $252.41 0036107605 3318 DONALD AVE 104130001100 $252.36 0013221908 538 MAJESTIC OAKS CT 104710001040 $251.35 0024211500 1477 WOODVIEW AVE E 107300110040 $250.50 0038308300 946 WILD ROSE CT 106480003020 $250.44 0023609308 3872 CINNABAR DR 101670801030 $250.30 0024108904 1721 MONTICELLO AVE 101670706050 $250.12 0025201807 1507 LAKEVIEW CURVE 107260003140 $249.98 0023918204 4148 MEADOWLARK WAY 103295106030 $249.24 0036803302 3820 FAIRHAVEN RD 103299002040 $248.60 0024006504 1751 FLAMINGO DR 107710012020 $248.36 0012624508 4425 SLATER RD 101740202181 $246.76 0011719903 4299 SUNRISE RD 107297502070 $246.73 0010606507 4362 LODGEPOLE DR 102488005210 $246.48 0035501204 1534 LONE OAK RD 100090028080 $246.42 0023100506 4152 NICOLS RD 101670002111 $246.40 0012633046 4370 CINNAMON RIDGE TR 101740501101 $245.83 0012626008 4436 SLATER RD 101740203072 $245.04 0023923204 4129 MEADOWLARK PT 103295201020 $244.84 0010108702 4352 DIAMOND DR 101670308190 $244.48 0089909530 3511 SAWGRASS TR W 107270301020 $243.15 0023213101 2025 CARNELIAN LANE 101670206160 $242.30 0025633702 1863 RUBY CT N 102045103070 $242.22 0024000705 3786 RED ROBIN LANE 107710017060 $241.34 0036804003 3887 WORCHESTER DR 103299003070 $240.76 0024905200 3614 CROSSROAD CT 101870001260 $240.54 0023912405 1770 GABBRO TR 101670509060 $240.16 0024209504 1533 WOODVIEW AVE W 107300101070 $240.00 0023505605 4058 RAHN RD 101670404110 $239.94 0024101800 3910 BLACKHAWK RD 100200003010 $239.51 0023800204 1870 JADE LANE 101670605020 $239.20 0024339103 3780 DREXEL CT 102150001020 $238.80 0010600211 1454 DIFFLEY RD 101640000022 $238.28 0012603106 2099 CLIFFVIEW DR 101660102070 $238.04 0013234109 4628 PINETREE CURVE 105766301030 $236.61 0036205003 2852 SIBLEY HILLS DR 105850100020 $236.36 0010409407 4344 SANDSTONE DR 101670303110 $236.22 0013264908 4413 WOODGATE COVE 108465001050 $235.75 0024220709 3669 ASHBURY RD 101435002030 $235.13 0024333809 3866 DENMARK AVE 108446001120 $233.58 0023208606 2045 JADE LANE 101670204200 $233.17 0010612414 4375 PILOT KNOB RD 101640000141 $233.14 0037802600 978 TICONDEROGA TR 104508002200 $232.58 0023211006 2070 JADE LANE 101670202170 $232.20 0010905909 1339 EASTER LANE 108435405050 $232.14 0012708707 4759 NARVIK DR 106398008040 $229.22 4 Delinquent Account Listing 0023707508 1789 SERPENTINE DR 101670504060 $228.48 0011762408 4290 BLACKHAWK RD 100290008010 $228.47 0010301505 4253 LIMESTONE DR 101670106060 $228.44 0025213604 1498 BLACKHAWK LAKE DR 101440102040 $228.22 0011711900 4326 BEAR PATH TR 104805003040 $228.06 0036308104 1390 AVALON AVE 100030051020 $227.54 0089912575 532 AIDAN COVE 107681501020 $226.97 0025679002 4102 JOHNNY CAKE RIDGE RD 105376005030 $226.51 0089908030 643 PARKSIDE CT 102087501070 $226.19 0023710304 3828 COUNTRY CREEK WAY 101671101100 $226.00 0024201600 1536 ASPEN DR 107300209030 $224.35 0025401704 3960 VERSAILLES CT 103290001090 $223.28 0013197306 4906 RUSTEN RD 101672502290 $223.10 0013241005 4325 JESSICA CT 104509801220 $222.27 0010707602 4353 SVENSK LANE 108435302060 $222.03 0013139100 4691 BRISTOL BLVD 108375001310 $221.92 0010907111 1317 EASTER LANE 108435405111 $221.37 0011621802 4606 TAMIE AVE 104727503060 $219.47 0036701704 533 77TH ST W 101550004090 $218.32 0024305203 3667 DENMARK AVE 107650006030 $217.16 0089909015 2133 CEDAR GROVE TR 105090302030 $217.09 0013182506 4339 SEAN CT 104509501120 $216.92 0012266508 4482 OAK POND RD 102580102080 $216.68 0035503903 535 CHAPEL LANE 101560000040 $216.07 0013173604 4865 FOUR SEASONS DR 108395701040 $214.55 0025704909 1666 OAKBROOKE CT 105376401020 $214.49 0023907405 1790 BLUESTONE DR E 101670609070 $214.37 0025310988 1446 ROCKY LANE 101910102040 $214.14 0012638102 2255 JAMES ST 105355102070 $214.04 0012016614 2086 KINGS RD 103860001022 $213.22 0036504900 1061 KENNETH ST 104775001080 $212.82 0010101806 2116 SHALE LANE 101670307110 $212.65 0013189105 4808 WESTON HILLS DR 105769001030 $211.93 0012517801 1578B CLEMSON DR 107595101380 $210.82 0012280970 4513 HAY LAKE RD S 105615102030 $208.96 0012014205 2048 KINGS RD 108195005021 $208.47 0010210201 2125 MARBLE LANE 101670108130 $208.36 0013129606 4295 WESTCHESTER CIR 103215004060 $207.72 0036313500 2835 VILAS LANE 101830009050 $207.20 0024335002 3805 DENMARK AVE 108446002180 $206.94 0013193909 2207 MARILYN AVE 101672501040 $205.04 0025649203 1844 DEER POND CIR 101432502130 $204.88 0012910105 4441B CLOVER LANE 102275003120 $204.41 0010511806 1648 HICKORY HILL 108460002020 $204.15 0025645300 4193 AMBERLEAF TR 106456001020 $202.93 0012212619 4201 TRENTON RD 105210002360 $202.08 0013015102 1415 REBECCA LANE 103297503030 $202.00 5 Delinquent Account Listing 0024833402 1184 DUCKWOOD TR 106590501010 $201.82 0037205309 3667 GREENSBORO DR 103090106020 $201.59 0023406861 2139 SILVER BELL RD 100180079080 $200.70 0025706003 1688 OAKBROOKE CT 105376401130 $200.00 0024320400 1265 TIMBERSHORE LANE 107650203030 $199.35 0013122502 4392 TOFTE LANE 101230103010 $197.79 0036725604 645 HILLSIDE DR 101550103150 $196.80 0010303303 4253 JASPER DR 101670105060 $196.69 0011901105 4811 SHEVLIN CT 101500301070 $196.42 0023918105 4150 MEADOWLARK WAY 103295106020 $195.39 0012632667 4462 CINNAMON RIDGE TR 101740301032 $195.38 0011723707 1883 SUNRISE CT 107297504160 $195.31 0012822300 1837 NARVIK CT 105675006010 $195.27 0013245501 4540 MAJESTIC OAKS PL 104710101150 $195.09 0012223806 4282 VALLEY FORGE PL 105210004210 $194.56 0012306304 4666 PENKWE WAY 103980002020 $194.22 0024313207 1166 TIMBERSHORE LANE 107650315010 $194.11 0013261102 1607 SUMMIT HILL 107297001090 $193.05 0025011206 3826 WILLOW WAY 101499301580 $192.47 0013022504 1382 CAMELBACK DR 102560004030 $192.27 0012610200 4535 SCOTT TR 101660202071 $192.22 0037713807 3878 NEWTOWN CT 104507704090 $192.16 0013136304 513 WESTON HILLS CT 108375001030 $191.91 0010907400 4220 CARLSON LAKE LANE N 108435406040 $191.56 0038311502 497 CHAPEL CT 101705001150 $191.50 0025688904 1688 OAKBROOKE WAY 105376301160 $191.48 0012001608 4905 SAFARI CT S 106585001100 $191.26 0012313706 4607 PENKWE WAY 103980212040 $190.84 0023205206 2001 EMERALD LANE 101670009080 $190.63 0036205706 1538 LONE OAK RD 100090028070 $190.50 0025675000 3688 ROBIN LANE 101430401041 $189.97 0010403202 4284 SANDSTONE DR 101670101220 $189.93 0024336208 3809 DEERCLIFF CT 108446002060 $189.82 0012704300 4650 LENORE LANE 106398002310 $188.91 0012011706 2088 VIENNA LANE 108195002180 $188.90 0012625703 4416 SLATER RD 101740203092 $188.39 0023509508 4058 OLIVINE DR 101670411100 $187.54 0024318909 1241 TIMBERSHORE LANE 107650206020 $187.38 0089908645 3544 SAWGRASS TR W 107270102120 $187.34 0010612505 4393 PILOT KNOB RD 101640000152 $187.09 0024561201 3861 WESTBURY LANE 108365202130 $186.79 0012227906 825 GOLDEN MEADOW RD 105210006020 $186.44 0023905300 4054 HALITE LANE 101670605370 $186.32 0012022802 1966 SAFARI TR 107585202071 $186.11 0012813903 4690 LENORE LANE 106398312030 $186.06 0037023009 3685 CARDINAL WAY 104506101030 $185.77 0023412216 1770 KYLLO LANE 100170075012 $184.60 6 Delinquent Account Listing 0024328007 3819 WINDCREST CT 108446101210 $184.23 0010830701 1286 WILDERNESS CURVE 108427502330 $184.17 0011515608 4219 JUNIPER PT 101480001320 $184.13 0012035408 2065 ROYALE DR 102247502100 $183.95 0024407504 1300 DEERWOOD DR 101130001020 $183.84 0012809208 1769 KARIS WAY 106398601010 $183.77 0012622106 4584 CINNAMON RIDGE TR 101740001032 $183.62 0023408313 1955 GOLD TR 101330001020 $183.55 0024216103 3444 HIGHLANDER DR 107300603040 $183.42 0036112589 3147 FARNUM DR 101815002040 $183.12 0023111503 2082 EMERALD LANE 101670006030 $182.27 0024517203 3921 WESTBURY WAY 108365301060 $181.66 0012613303 4516B CINNAMON RIDGE TR 101740000153 $181.52 0023413206 1725 KYLLO LANE 106400004140 $181.36 0012702106 4658 BAMBLE CIR 106398002090 $181.27 0089908315 3582 SPRINGWOOD PATH 107270002080 $180.70 0037105103 4188 READING 107250001130 $180.69 0025012600 3802 HEATHER DR 101499302010 $180.48 0025702309 1555 JOHNNY CAKE ALCOVE 105376403190 $180.26 0013152509 554 HAWTHORNE WOODS DR 103215103020 $180.22 0010711208 1262 CARLSON LAKE LANE 108435303250 $180.03 0013149703 4331 JENNIFER CT 104509302140 $179.98 0036117000 1631 DONALD CT 101630001210 $179.82 0036115400 1650 DONALD CT 101630001050 $179.24 0011727609 1900 BEAR PATH TR 107297602010 $179.12 0037707700 1031 BRIAR CREEK RD 104507501290 $178.73 0012632907 4418 CINNAMON RIDGE TR 101740401062 $178.73 0024108805 3998 RIVERTON AVE 101670705080 $178.24 0010500700 1677 WALNUT LANE 108460005070 $178.16 0012240701 4476 REINDEER LANE 102580004080 $178.13 0012627808 4473 SLATER RD 101740201050 $177.82 0036308807 2811 BEAM LANE 101830008060 $176.52 0036313609 2841 VILAS LANE 101830009060 $175.83 0089910150 4911 JAMIE ROSE CT 108396302080 $175.77 0011126208 4330 WOODGATE LANE N 104725202380 $175.64 0025223306 3631 LAKEVIEW TR 107260103030 $175.27 0025010604 3836 HEATHER DR 101499301530 $174.87 0038002101 814 ARBOR CT 107587504220 $174.44 0025705609 1680 OAKBROOKE CT 105376401090 $174.43 0036401206 3210 MARICE CT 102096004050 $174.33 0012307609 1649 COVINGTON LANE 103980002150 $174.03 0012209102 541 ATLANTIC HILL DR 104430001180 $173.69 0023412109 3710 BLACKHAWK RD 100170075030 $173.27 0012421103 881 CURRY TR 105210101110 $173.17 0012240008 4474 WHITETAIL WAY 102580003060 $172.42 0023103401 2178 GARNET PT 101670001050 $172.41 0011729605 4296 SUN CLIFF RD 107297603090 $172.03 7 Delinquent Account Listing 0012245205 4371 YORKTOWN DR 107299701060 $171.90 0012618906 4504 SLATER RD 101740004022 $171.65 0038205605 3957 AVON CT 101840005060 $171.07 0036209401 1556 RED CEDAR RD 105530005140 $170.76 0024340705 3656 PINECREST CT 105760001130 $170.74 0037501905 595 AUTUMN OAKS CT 101827502120 $170.60 0013231204 4670 STONECLIFFE DR 105766202040 $170.53 0011716008 4241 BLACKHAWK RD 107297507012 $170.19 0010710200 1293 CARLSON LAKE LANE 108435305020 $170.05 0024903205 3616 DENMARK AVE 101870001120 $169.64 0037611001 757 MILL RUN CIR 101499610010 $169.48 0012820007 4702 SNOWBELL PT 106398403010 $169.21 0012631602 4469 CINNAMON RIDGE CIR 101740204021 $168.98 0010105104 2111 SHALE LANE 101670308100 $168.67 0025311507 1422 ROCKY LANE 101910004050 $168.62 0037814605 991 KETTLE CREEK RD 104508103230 $168.57 0010604908 4295 SEQUOIA DR 102488003010 $168.53 0025600404 1491 PALOMINO TR 106767003040 $168.49 0025500406 3760 BLACKHAWK RD 106300001020 $168.24 0036300408 1430 HIGHVIEW AVE 103288000062 $168.00 0012622304 4578 CINNAMON RIDGE TR 101740001041 $167.65 0013264700 4410 WOODGATE COVE 108465001030 $167.24 0013146501 992 WILDFLOWER CT 104509202050 $166.62 0012230108 4325 KIRSTEN CT 107298601060 $166.21 0036607505 645 RITA CT 103200000020 $165.78 0023803604 3966 MICA TR 101670410120 $165.68 0011805306 4609 BEACON HILL CT 101350001050 $165.50 0036205110 2886 SIBLEY HILLS DR 105850100050 $164.07 0012013603 2060 KINGS RD 108195005051 $163.18 0012903209 4480 CLOVER LANE 102275002090 $162.71 0012102406 4586 CANTEBURY CIR 101715002110 $162.33 0038209508 4083 PRAIRIE RIDGE RD 101840104070 $161.22 0037111606 4124 NEW YORK AVE 107250004400 $161.02 0010606200 4353 SEQUOIA DR 102488005020 $160.89 0024521304 3912 WESTBURY WAY 108365304020 $160.50 0025505504 1561 JOHNNY CAKE ALCOVE 105376403200 $160.46 0012224200 4289 TRENTON TR 105210004250 $160.43 0012641106 4721 WHITE OAK CT 105355302090 $160.31 0023112907 2084 OPAL DR 101670005250 $160.03 0023211808 2054 CARNELIAN LANE 101670204020 $159.83 0011309408 1270 DUNBERRY LANE 101710401080 $159.80 0010905917 1341 EASTER LANE 108435405050 $159.70 0037608908 753 BRIDLE RIDGE RD 101499608180 $159.65 0025110206 1593 PACIFIC AVE 103190004190 $159.46 0013180401 960 TRILLIUM CT 104509402120 $159.38 0010102200 2134 SHALE LANE 101670307150 $159.28 0012104402 1075 KIRKWOOD DR 101715003090 $159.27 8 Delinquent Account Listing 0011902202 4848 SHEVLIN CT 101500301180 $159.13 0013204003 4441 LAKESHORE TER 101778502140 $158.62 0012017802 2078 KINGS RD 108195006050 $158.59 0010110609 2066 QUARTZ LANE 101670305270 $158.47 0011807005 4664 KINGSBURY DR 101350004110 $157.90 0010900702 1376 BALSAM ST E 108435401080 $157.78 0024205205 3475 GREENWOOD CT S 107300015060 $157.78 0038254504 709 GRANITE DR 107259001030 $157.60 0024216509 3436 HIGHLANDER DR 107300402020 $157.20 0025724006 1779 TALON TR 103097601030 $156.94 0013192208 543 WHITE PINE WAY 105769005050 $156.23 0012910501 4447B CLOVER LANE 102275003080 $155.91 0011405313 1293 EASTER LANE 108435505031 $155.64 0010606101 4343 SEQUOIA DR 102488005030 $155.12 0012910402 4443B CLOVER LANE 102275003090 $154.45 0036218105 1708 MEADOWVIEW ROAD 104810000050 $154.00 0023901002 1850 KATHRYN CIR 101190001090 $153.96 0012009205 4725 OAK WAY 108195002040 $153.88 0010811305 4520 OAK CHASE WAY 105350202090 $153.87 0012608907 4556 SCOTT TR 101660201100 $153.32 0024009904 1741 BLUEBILL DR 107710004040 $153.32 0013017603 4690 PARKRIDGE DR 105670102050 $153.15 0012550307 1555 CLIFF RD 107592501030 $152.81 0036121200 3140 FARNUM DR 101815103040 $152.68 0012613105 4514B CINNAMON RIDGE TR 101740000149 $152.52 0036407104 1335 QUARRY LANE 106270001020 $151.39 0037803608 931 SAVANNAH RD 104508003010 $151.16 0012604302 2124 CLIFFVIEW DR 101660103060 $150.71 0013152103 4295 DARTMOUTH CT 103215102150 $150.49 0037203700 977 GREENSBORO LANE 103090003070 $150.05 0012917407 4650 WILDWOOD ST 105357501010 $149.59 0012263604 750 HAY LAKE RD N 102580103020 $149.52 0010701001 4395 GARDEN TR 108435101010 $149.38 0012613204 4516 CINNAMON RIDGE TR 101740000154 $149.24 0012002200 4878 SAFARI PASS 106585002090 $149.17 0023215700 2042 FLINT LANE 101670206050 $149.10 0012105201 1095 KIRKWOOD DR 101715003020 $148.38 0023420102 3742 ROBIN LANE 101430101110 $148.21 0036307700 2987 PILOT KNOB RD 106441001010 $148.04 0025668401 1688 DONEGAL CT 104950001050 $147.99 0024013401 3780 GOLDEN HILL TER 107710009030 $147.88 0012808804 1757 KARIS WAY 106398601050 $146.59 0012311007 4631 PENKWE WAY 103980206040 $146.27 0012202206 4291 DODD RD 106580002030 $146.19 0036803401 3816 FAIRHAVEN RD 103299002030 $146.16 0012714002 1801 COVINGTON LANE 106398013040 $145.70 0037711801 3869 GIBRALTAR TR 104507501100 $145.64 9 Delinquent Account Listing 0024807604 3676 WIDGEON WAY 106590202050 $145.38 0025688706 1684 OAKBROOKE WAY 105376301140 $145.35 0011806007 4635 KINGSBURY DR 101350003260 $144.78 0036507002 1041 BEATRICE ST 104775002280 $144.73 0013147400 981 CONEFLOWER CT 104509202280 $144.45 0010612604 4397 PILOT KNOB RD 101640000150 $144.19 0012302501 4676 RIDGE CLIFFE DR 103980107010 $143.98 0012906608 4495B CLOVER LANE 102275001250 $143.44 0024215204 3456 HIGHLANDER DR 107300607050 $143.17 0036815504 717 CASTLETON LANE 103299007100 $143.13 0011722006 1906 BEAR PATH TR 107297503040 $143.08 0024314106 1163 TIMBERSHORE LANE 107650301040 $142.75 0012402202 4536 LAKE PARK DR 104420002090 $142.74 0025010000 3850 HEATHER DR 101499301480 $142.30 0037401403 4025 NORTHVIEW TER 104503502030 $142.12 0010308807 4289 SANDSTONE DR 101670102120 $142.11 0012817300 4707 MARKHAM PT 106398412020 $141.97 0012700803 4628 HALDEN CIR 106398001080 $141.91 0012116604 1066 TIFFANY PL 101635002290 $141.67 0012902102 1835 WALNUT LANE 102275002210 $141.49 0013179700 961 TRILLIUM CT 104509402050 $141.49 0038315107 641 CRANE CREEK LANE 101847501010 $141.47 0012309001 4647 RIDGE CLIFFE DR 103980201030 $140.80 0012601803 4471 SCOTT TR 101660101032 $140.70 0036232700 1571 SKYLINE TR 105880001130 $140.55 0023713803 1766 SILVER BELL RD 101671101020 $140.36 0025695206 1654 MURPHY PKWY 104950101030 $140.09 0012231007 794 SUNSET DR 107298801030 $139.73 0025621103 4134 ARBOR LANE 108357002210 $138.89 0012900908 4396 CLOVER LANE 102275004110 $138.70 0010902302 1355 BALSAM ST E 108435402100 $138.63 0037016706 1067 HUMMINGBIRD LANE 104506001080 $138.48 0012826806 4742 PONDVIEW DR 105675002010 $138.12 0036504306 1037 KENNETH ST 104775001020 $137.60 0013030002 4705 PEBBLE BEACH WAY 102560104050 $137.59 0023111206 2104 EMERALD LANE 101670005320 $137.34 0012705703 4759 HAUGE CIR 106398004090 $137.09 0012205209 670 ATLANTIC HILL DR 104430002010 $137.04 0013216007 1908 RIDGECREST CIR 105377501010 $136.58 0011624905 4631 TAMIE AVE 104727601020 $136.32 0012226205 829 CORNWALLIS CT 105210007080 $136.21 0012905303 4473B CLOVER LANE 102275001120 $135.75 0023509904 4016 MICA TR 101670411140 $135.72 0036502805 2882 LEXINGTON AVE S 104775102120 $135.36 0013002100 4618 PARKRIDGE DR 105670003020 $135.09 0089910280 3428 CHESTNUT LANE 10‐72705‐08‐060 $135.09 0023112006 2060 EMERALD LANE 101670006080 $134.92 10 Delinquent Account Listing 0024700809 1284 BERRY RIDGE RD 103300006030 $134.74 0038237400 3694 WILLBROOK CT 108437501150 $134.37 0035501501 1428 SKYLINE RD 107725000062 $134.37 0013222203 527 MAJESTIC OAKS CT 104710001070 $134.36 0024012403 3760 GOLDEN HILL TER 107710008010 $133.78 0037504404 4130 LANTERN LANE 101827504200 $133.67 0012223301 4279 VALLEY FORGE PL 105210004160 $133.40 0036105617 3240 HERITAGE LANE 104490201080 $133.38 0013001409 4649 PARKRIDGE DR 105670002130 $133.26 0037509700 592 PRAIRIE CIR W 101827504100 $133.19 0012004602 4860 SAFARI PASS 106585002060 $133.12 0036608800 629 SALLY CIR 106710002040 $132.55 0010915809 1236 CARLSON LAKE LANE 108425003080 $131.99 0012314506 4648 1/2 PENKWE WAY 103980301030 $131.96 0025212507 3812 BLACKHAWK RIDGE PL 101440102150 $131.50 0037020807 3679 CANARY WAY 108362501050 $130.31 0024007007 1743 FLAMINGO DR 107710013030 $130.24 0036103406 3314 HERITAGE LANE 104490001104 $130.15 0010905107 1346 EASTER LANE 108435403170 $129.73 0038203709 574 EDEN CIR 101840003200 $128.73 0036103208 3320 HERITAGE LANE 104490001082 $128.73 0012132007 4425 LYNX CT 105380101061 $128.73 0011111606 1706 WOODGATE LANE 108460201230 $128.71 0013198700 4944 SLATER RD 108395902020 $128.39 0013106901 2019 SAFARI HEIGHTS TR 106585101120 $128.34 0010903201 1366 SIGFRID ST E 108435402040 $128.24 0010310704 2067 CORAL LANE 101670104200 $127.92 0012305504 4722 PENKWE CIR 103980001112 $127.06 0036513406 1044 KEEFE ST 104775202020 $127.01 0036507507 1061 BEATRICE ST 104775002230 $126.84 0024116006 3800 RIVERTON AVE 101438701020 $126.37 0010814309 4572 OAK CHASE WAY 101780002150 $125.92 0024118200 3823 RIVERTON AVE 101438702080 $125.71 0023114408 2083 OPAL DR 101670006180 $125.64 0024903908 1272 DUCKWOOD DR 101870001050 $124.96 0012205506 650 ATLANTIC HILL DR 104430002040 $124.21 0012122107 4458 WEDGWOOD DR 108355001210 $124.21 0012571402 4481 MALLARD TR N 107610004050 $123.76 0036112795 3103 FARNUM DR 101815007020 $123.56 0089909660 3977 CEDAR GROVE LANE 105090402030 $123.35 0012028304 2038 VIENNA LANE 106275004032 $123.28 0013008800 4779 RICHARD LANE 108330003080 $123.22 0024011405 1764 BLUEBILL CIR 107710002040 $123.20 0013003900 4805 ERIKS BLVD 107820005020 $122.83 0036724706 642 HILLSIDE DR 101550102100 $122.76 0012120309 1017 WEDGWOOD LANE S 108355004160 $122.55 0012247300 4250 AUGUSTA LANE 107299601050 $122.43 11 Delinquent Account Listing 0012120408 1021 WEDGWOOD LANE S 108355004150 $122.36 0012280855 689 HAY LAKE RD N 105615104080 $121.75 0012221701 4292 TRENTON TR 105210005020 $121.32 0010311306 2091 CORAL LANE 101670104140 $121.28 0036432607 3050 SHIELDS DR 103 104465101260 $120.71 0013297908 4590 BLACKHAWK RD 101775002020 $120.53 0035501808 1436 SKYLINE RD 107725000061 $120.51 0037808904 1075 NORTHVIEW PARK RD 104508001050 $120.37 0025221409 1586 LAKEVIEW CURVE 107260102060 $120.34 0024003808 1730 FLAMINGO DR 107710015020 $120.02 0024209603 1535 WOODVIEW AVE W 107300101090 $119.85 0012018305 2148 NANCY CIR 107700001050 $119.25 0037019205 3707 FALCON WAY 104506009080 $118.87 0036505303 1077 KENNETH ST 104775001120 $118.85 0011108008 4482 WOODGATE PT 108460202100 $118.68 0012131504 4445 LYNX CT 105380101032 $118.56 0012819306 4704 HIDDEN PT 106398406040 $118.55 0024303901 1292 KOLSTAD LANE 107650103020 $118.42 0024329302 3851 WINDCREST CT 108446101100 $118.21 0036608206 616 SALLY CIR 106710003030 $118.01 0012213906 4248 TRENTON RD 105210003010 $117.73 0036302305 1473 HIGHVIEW AVE 108140003020 $117.40 0023918808 4128 MEADOWLARK WAY 103295108030 $116.91 0036702801 3199 RED OAK DR 101550003130 $116.81 0012239406 736 HAY LAKE RD N 102580005030 $116.77 0012644100 2265 JAMES CT 106920000100 $116.38 0037706900 3876 GIBRALTAR TR 104507506010 $116.09 0024903700 3604 DENMARK AVE 101870001070 $115.94 0011106606 4462 WOODGATE PT 108460202190 $115.93 0012215703 4215 VALLEY FORGE PL 105210002180 $115.83 0012702403 4661 BAMBLE CIR 106398002120 $115.04 0011117207 1682 WOODGATE LANE 104725101160 $114.87 0012840104 1946 BERKSHIRE DR 101375004070 $114.19 0025006909 3833 HEATHER DR 101499301170 $114.10 0024903700 3604 DENMARK AVE 101870001070 $114.09 0013147608 1051 WALNUT RIDGE DR 104509301010 $113.49 0036911303 3757 WINDTREE DR 108447701050 $113.32 0012215406 4202 VALLEY FORGE PL 105210002210 $113.11 0036205508 1 RIVER RIDGE CIR 100090028060 $113.00 0023907306 1794 BLUESTONE DR E 101670609060 $112.84 0089909425 2159 CEDAR GROVE TR 105090303060 $112.39 0038302808 826 BALD LAKE CT 102880301100 $112.19 0010905404 1334 EASTER LANE 108435403140 $111.35 0036405918 3210 JURDY CT S 102096004210 $111.28 0024337800 1360 DRESDEN CT 102150003080 $111.16 0023304207 2105 CARNELIAN LANE 101670208230 $110.68 0011816907 4731 COVINGTON CT 101350006110 $110.35 12 Delinquent Account Listing 0024450009 1278 WINDCREST AVE 101417502100 $109.75 0010514701 1675 HICKORY HILL 108460001060 $109.71 0037719804 3912 DANBURY TR 101970002030 $109.44 0011912102 4863 WINDSOR CT 101500602030 $109.24 0023802705 4058 AMETHYST LANE 101670410210 $108.76 0012619003 4502 SLATER RD 101740004021 $108.34 0013255906 4807 RED PINE CT 102647501120 $108.15 0012632824 4434 CINNAMON RIDGE TR 101740401021 $107.78 0011100906 4448 WOODGATE CT 108460203330 $107.50 0024309106 1282 TIMBERSHORE LANE 107650210040 $107.12 0010507408 1629 HICKORY LANE 108460002360 $107.04 0012309605 4645 PENKWE WAY 103980202010 $106.91 0036506301 1046 KENNETH ST 104775002050 $106.72 0010506301 1654 HICKORY LANE 108460003200 $106.71 0089908525 2125 CEDAR GROVE TR 105090301090 $106.65 0010307205 2042 CORAL LANE 101670103190 $106.51 0012605804 2103 CLIFFHILL LANE 101660002100 $105.54 0024511800 3945 WESTBURY DR 108365005051 $105.32 0024314205 1165 TIMBERSHORE LANE 107650301030 $105.26 0012617700 4509 CINNAMON RIDGE TR 101740000166 $105.19 0024905606 3606 CROSSROAD CT 101870001300 $105.19 0012034609 2033 ROYALE DR 102247502020 $105.01 0023908601 1795 CARNELIAN LANE 101670609190 $104.95 0011010402 1797 WALNUT LANE 108460204060 $104.93 0037015203 3628 FALCON WAY 104506005080 $104.87 0037809001 1081 NORTHVIEW PARK RD 104508001040 $104.87 0036702702 3262 BLACK OAK DR 101550001010 $104.72 0012261103 708 CARIBOU LANE 102580105120 $103.96 0012802807 4725 LUND PT 106398108030 $103.90 0037617107 3906 CANTER GLEN DR 101499616140 $103.86 0012027108 2035 PIN OAK DR 106275001061 $103.86 0012804605 4685 HIRTA PT 106398201030 $103.12 0089912155 2146 RIVER VALLEY LANE 101668001440 $103.00 0012838306 4717 BERKSHIRE CT 101375002010 $102.92 0036233203 1611 SKYLINE PATH 105880001180 $102.77 0011901204 4805 SHEVLIN CT 101500301080 $101.75 0023919202 4130 MEADOWLARK WAY 103295109020 $101.72 0012623302 4548 CINNAMON RIDGE TR 101740001091 $101.43 0012840500 1938 BERKSHIRE DR 101375004030 $100.88 0013216304 1896 RIDGECREST CIR 105377501040 $100.81 0024101503 1741 DAVENPORT AVE 101670707070 $100.57 0011111507 1710 WOODGATE LANE 108460201260 $100.31 0011205507 4377 METCALF DR 106440004060 $99.96 0025648205 3709 BLACKHAWK RD 101432502030 $99.91 0013131602 605 MCFADDENS TR 104433001100 $99.83 0023809700 1852 PUMICE PT 101670602230 $99.72 0025731209 2134 CEDAR GROVE TR 105090005020 $99.40 13 Delinquent Account Listing 0024007601 3785 RED ROBIN LANE 107710016040 $99.04 0011010105 1795 WALNUT LANE 108460204080 $98.78 0012504601 1520B CLEMSON DR 107595002040 $98.02 0011102506 4475 WOODGATE CT 108460203210 $97.94 0012627600 4481 SLATER RD 101740201030 $97.44 0011743507 1891 DEER HILLS TR 107297701021 $96.90 0036510303 1069 MCKEE ST 104775101100 $96.36 0010712206 4358 DUNROVIN LANE 108435306050 $95.60 0010833606 1295 WILDERNESS LANE 108427502040 $94.97 0089908790 3998 CEDAR GROVE LANE 105090305010 $94.75 0036146702 1595 SNOWFLAKE DR 101807501690 $94.33 0024210809 1488 WOODVIEW AVE E 107300114040 $94.10 0011602802 4535 LENORE LANE 101775002100 $93.92 0012228102 4306 TRENTON TR 105210006040 $93.91 0024202806 1535 GREENWOOD CT N 107300003040 $93.61 0011102001 4466 WOODGATE CT 108460203260 $93.15 0012221107 849 ROGERS CT 105210004410 $92.90 0011117702 1654 WOODGATE LANE 104725101110 $92.56 0011003407 1714 HICKORY HILL 108460102090 $92.43 0010513000 1649 HICKORY HILL 108460001200 $91.26 0012633004 4400 CINNAMON RIDGE TR 101740501031 $90.73 0037025103 3660 CARDINAL WAY 104506005140 $90.33 0012461703 4404 HAMILTON DR 104509002070 $89.94 0012109500 4568 HORIZON CIR 101715301030 $89.86 0035505908 550 LONE OAK RD 100380002050 $89.71 0012633400 4725 OAK CLIFF DR 105355001032 $89.09 0025502501 1365 ROCKY LANE 106870100030 $88.25 0036315117 2903 EGAN AVE 101830005060 $88.23 0012819900 4701 SNOWBELL PT 106398406020 $88.11 0023210701 2082 JADE LANE 101670202140 $87.38 0011502101 4344 ORION LANE 108425102060 $87.31 0010903102 1370 SIGFRID ST E 108435402030 $87.09 0023106909 4144 DIAMOND DR 101670005070 $87.07 0036146306 3238 EVERGREEN DR 101807501650 $86.71 0011303211 1394 LAKESIDE CIR 101710004012 $86.63 0012236204 4463 FAWN RIDGE TR 102580001140 $85.94 0036504108 2810 LEXINGTON AVE S 104775001140 $85.25 0025300302 4009 DEERWOOD TR 102390001031 $85.18 0012608105 4528 SCOTT TR 101660201020 $85.18 0023901002 1850 KATHRYN CIR 101190001090 $85.04 0012102901 1074 KIRKWOOD DR 101715002070 $84.41 0011916400 1520 WELLINGTON WAY 101500802070 $84.09 0012100905 4594 MAPLE LEAF CIR 101715002280 $83.98 0036143303 3213 EVERGREEN DR 101807501350 $83.55 0012311502 4627 1/2 PENKWE WAY 103980207030 $83.02 0038220208 4040 CAMBERWELL DR N 103299203040 $82.51 0012028106 2023 VIENNA LANE 106275003052 $82.38 14 Delinquent Account Listing 0012617007 4505B CINNAMON RIDGE TR 101740000175 $82.03 0025001306 3834 LAUREL CT 101499001130 $82.03 0025502709 1340 ROCKY LANE 106870100050 $81.89 0037007804 868 WESCOTT SQUARE 108360001040 $81.81 0012026209 2017 PIN OAK DR 106275001022 $81.57 0012711206 1847 KARIS WAY 106398009230 $81.46 0012604807 2144 CLIFFVIEW DR 101660103010 $80.83 0012630901 4449 CINNAMON RIDGE CIR 101740204051 $80.51 0010711505 4357 DUNROVIN LANE 108435305090 $80.42 0012311809 4623 PENKWE WAY 103980208040 $80.31 0011112406 4440 JOHNNY CAKE RIDGE RD 108460201180 $80.09 0024305906 3655 DENMARK AVE 107650004010 $80.02 0011014206 1760 HICKORY HILL 108460107160 $79.71 0012535308 1614 CLEMSON DR 107586501080 $79.71 0023906803 1818 BLUESTONE DR E 101670609010 $79.39 0011715703 4374 RAHN RD 104805001104 $79.39 0024805301 1227 FLICKER CIR 106590001120 $78.96 0036606002 3310 WREN LANE 103200101070 $78.89 0012700506 4619 HALDEN CIR 106398001050 $78.51 0010501203 1655 WALNUT LANE 108460005120 $78.51 0089907060 4611 SWEET ST 107350001030 $78.21 0012301404 4679 RIDGE CLIFFE DR 103980104020 $77.83 0036605905 3318 WREN LANE 103200101060 $77.61 0023205008 2004 EMERALD LANE 101670010090 $77.56 0024307209 1294 CRESTRIDGE LANE 107650002040 $76.95 0038207205 4136 COUNTRYVIEW DR 101827603100 $75.55 0012304101 4653 PENKWE WAY 103980111010 $75.52 0024309601 1274 TIMBERSHORE LANE 107650209040 $74.75 0012819009 4703 HIDDEN PT 106398407030 $74.62 0012303707 4648 RIDGE CLIFFE DR 103980110010 $74.40 0011919107 4773 LONDON LANE 101500901170 $74.40 0012515300 1552 CLEMSON DR 107595101130 $73.87 0012002309 1947 SAFARI TR 106585002100 $73.84 0012913000 4404 CLOVER LANE 102275002300 $73.44 0089912330 3015 EAGANDALE PL 102252502010 $72.20 0011106309 4452 WOODGATE PT 108460202240 $71.75 0012110102 4594 HORIZON CIR 101715301090 $71.48 0012106100 1131 PARKVIEW LANE 101715103030 $70.86 0038205803 3949 AVON CT 101840005080 $70.77 0012611406 4501 SCOTT TR 101660202011 $70.54 0012615605 4486B CINNAMON RIDGE TR 101740000193 $70.45 0013211503 1785 BRANT CIR 104725301470 $69.89 0024112500 3880 RIVERTON AVE 101670703050 $69.85 0012817607 4702 MARKHAM PT 106398410010 $69.74 0023713407 3804C LODESTONE LANE 101671201081 $68.69 0036502508 2985 LEXINGTON AVE S 100030077032 $67.93 0024314700 1173 TIMBERSHORE LANE 107650302030 $67.85 15 Delinquent Account Listing 0024002909 1712 FLAMINGO DR 107710018040 $66.70 0024002206 3780 GREY DOVE LANE 107710020050 $65.62 0036610608 3370 MIKE COLLINS DR 102250302181 $65.43 0010111300 2094 QUARTZ LANE 101670305200 $65.22 0036404507 3153 JURDY CT N 102096001180 $64.94 0089909080 2145 CEDAR GROVE TR 105090302090 $64.63 0024012007 1763 BLUEBILL CIR 107710001030 $64.30 0012014304 2046 KINGS RD 108195005022 $62.71 0025502006 1240 DEERWOOD DR 101372501010 $62.64 0012225504 4324 TRENTON TR 105210007040 $60.20 0024323800 3771 DENMARK TR W 105750303250 $58.80 0024308702 3658 DENMARK AVE 107650211040 $58.71 0013249701 1475 PINETREE TR 108330101050 $56.28 0012813309 4676 LENORE LANE 106398311010 $56.24 0025009309 3862 HEATHER DR 101499301420 $55.26 0024325102 3745 DENMARK TR W 105750303120 $54.69 0023713209 3804A LODESTONE LANE 101671201081 $54.43 0012617403 4501B CINNAMON RIDGE TR 101740000173 $54.06 0012834206 1967 COVINGTON LANE 101375002210 $53.85 0036314805 2950 EGAN AVE 101830003051 $53.33 0012102109 4592 CANTEBURY CIR 101715002140 $53.17 0024202905 1537 GREENWOOD CT N 107300003010 $52.51 0023901200 1844 KATHRYN CIR 101190001110 $50.93 0012232807 774 YORKTOWN PL 107298802110 $50.58 0011200508 4333 MEDARY AVE 106440003050 $50.53 0012017703 2080 KINGS RD 108195006050 $50.00 0012211108 4567 HAY LAKE RD S 105615002080 $41.36 0089913240 580 OPPERMAN DR 108700201010 $39.71 0012913000 4404 CLOVER LANE 102275002300 $34.69 0011108800 4494 WOODGATE PT 108460202030 $31.12 0038202800 610 EDEN CIR 101840003110 $30.36 Total $150,147.98 Number of Accounts 735 16 Agenda Information Memo March 2, 2021 Eagan City Council Meeting OLD BUSINESS A. Receive bids and approve resolution awarding the sale of $27,730,000 Taxable General Obligation Bonds, Series 2021A. ACTIONS TO BE CONSIDERED:  To approve the resolution awarding the sale of $27,730,000 Taxable General Obligation Bonds, Series 2021A;  To approve an escrow agreement with US Bank for funds to be held until the 2013A and 2018A bonds become callable;  To approve the Amended and Restated Pledge Agreement pledging Cedar Grove TIF collections to secure the bonds; and  To engage Northland Securities to perform future continuing disclosure reporting. FACTS:  At its February 2, 2021 regular meeting, the City Council authorized the issuance of bonds to provide financing for the Countryside Villas Housing Improvement Area, and refinance three existing issues for interest rate savings.  The bonds will be sold by competitive bid. Bids are due March 2 at 10:30 a.m.  A credit rating was requested from Moody’s. The City’s Aaa rating was affirmed. In the past, credit ratings from two agencies have been requested, but using only one rating agency saved the City about $20,000.  Sale recommendations were previously made available to the Council.  The City’s bond counsel, Jennifer Hanson of Dorsey, has prepared and/or reviewed all of the related documents for propriety.  An Amended and Restated Pledge Agreement pledges Cedar Grove TIF collections to secure the bonds. This agreement is also on tonight’s Economic Development Authority agenda for approval.  Tammy Omdal from Northland Securities will present the results of the sale. ATTACHMENTS: OBA-1 Resolution OBA-2 Escrow Agreement OBA-3 Amended and Restated Pledge Agreement OBA-4 Moody’s Rating 4846-6066-1210\4 CERTIFICATION OF MINUTES RELATING TO $[PAR] TAXABLE GENERAL OBLIGATION BONDS, SERIES 2021A Issuer: City of Eagan, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on March 2, 2021, at 6:30 p.m. in the Eagan City Hall. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (including): RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $[PAR] TAXABLE GENERAL OBLIGATION BONDS, SERIES 2021A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this ______ day of March, 2021. (SEAL) City Clerk 4846-6066-1210\4 It was reported that [___] ([___]) proposals for the purchase of $[PAR] Taxable General Obligation Bonds, Series 2021A were received prior to 10:30 A.M., Central Time today pursuant to the Preliminary Official Statement distributed to potential purchasers of the Bonds by Northland Securities, Inc., municipal advisors to the City. The proposals have been publicly opened, read and tabulated and were found to be as follows: (See Attached) 4846-6066-1210\4 Councilmember _________________ introduced the following resolution (the “Resolution”) and moved its adoption, which motion was seconded by Councilmember ________: RESOLUTION NO. _________ RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $[PAR] TAXABLE GENERAL OBLIGATION BONDS, SERIES 2021A BE IT RESOLVED by the City Council (the “Council”) of the City of Eagan, Minnesota (the “City”), as follows: SECTION 1. AUTHORIZATION, SALE AND AWARD 1.01. Authorization. This City Council, by resolution duly adopted on February 2, 2021, authorized the issuance and sale of its Taxable General Obligation Bonds, Series 2021A (the “Bonds”), in the approximate principal amount of $27,730,000, pursuant to Minnesota Statutes, Chapters 428A, 469, and 475 and Sections 412.301 and 475.521 for the purpose of: (i) financing housing improvements to the Countryside Villas Housing Improvement Area (the “New Money Project”); (ii) refunding in a current refunding, on April 6, 2021 (the “Series 2012A Redemption Date”), the 2022 through 2028 maturities (the “Series 2012A Refunded Maturities”) of the City’s $1,660,000 Taxable General Obligation Housing Improvement Bonds, Series 2012A, dated as of May 15, 2012 (the “Series 2012A Bonds”), the proceeds of which financed housing improvements in the Coachman Oaks Housing Improvement Area (the “Series 2012A Project”); (iii) refunding in a crossover refunding, and redeeming on February 1, 2023 (the “Series 2013A Crossover Date”) the 2024 through 2030 maturities (the “Series 2013A Refunded Maturities”) of the City’s $12,390,000 Taxable General Obligation Tax Increment Bonds, Series 2013A, dated as of June 1, 2013 (the “Series 2013A Bonds”), the proceeds of which financed public redevelopment costs, including a structured parking facility, in the Cedar Grove Redevelopment Project Area (the “Series 2013A Project”); (iv) refunding in a crossover refunding, and redeeming on February 1, 2026 (the “Series 2018A Crossover Date”) the 2027 through 2039 maturities (the “Series 2018A Refunded Maturities”) of the City’s $22,300,000 General Obligation Bonds, Series 2018A, dated as of October 16, 2018 (the “Series 2018A Bonds”), the proceeds of which financed the renovation and expansion of City Hall, Police and Central Maintenance facilities (the “CIP Project”), and the purchase of fire safety equipment (the “Equipment,” and together with the CIP Project, the “Series 2018A Project”); and (v) funding costs of issuance of the Bonds. 2 4846-6066-1210\4 The Series 2012A Refunded Maturities, the Series 2013A Refunded Maturities, and the Series 2018A Refunded Maturities are herein referred to collectively as the “Refunded Bonds.” The portion of the Bonds ($[________]) that is being issued to finance the New Money Project is designated as the “New Money Bonds.” The portion of the Bonds ($[________]) that is being issued to refund the Series 2012A Refunded Maturities is designated as the “Series 2012A Refunding Bonds.” The portion of the Bonds ($[________]) that is being issued to refund the Series 2013A Refunded Maturities is designated as the “Series 2013A Refunding Bonds.” The portion of the Bonds ($[________]) that is being issued to refund the Series 2018A Refunded Maturities is designated as the “Series 2018A Refunding Bonds” (the Series 2018A Refunding Bonds together with the Series 2012A Refunding Bonds and Series 2013A Refunding Bonds, the “Refunding Bonds”). The portion of the Series 2018A Refunding Bonds ($[________]) that is being issued to refinance the CIP Project (the “CIP Bonds”) is being issued pursuant to Minnesota Statutes, Section 475.521. The maximum principal and interest to become due in any year on all bonds, including the CIP Bonds, issued by the County under Minnesota Statutes, Section 475.521 ($[_______]) is less than 0.16 percent ($15,543,860.48) of the estimated market value of taxable property in the City (approximately $9,714,912,800.00). This Council hereby finds that the CIP Bonds may be issued without an election pursuant to Minnesota Statutes, Section 475.521. The portion of the Series 2018A Refunding Bonds ($[________]) that is being issued to refinance the Equipment is designated as the “Equipment Bonds.” The amount of the Equipment Bonds does not exceed 0.25 percent ($24,287,282.00) of the estimated market value of taxable property in the City (approximately $9,714,912,800.00). Maturity schedules for each portion of the Bonds are attached hereto as Schedule I. 1.02. Sale of Bonds. Pursuant to the Notice of Sale and the Preliminary Official Statement prepared on behalf of the City by Northland Securities, Inc., municipal advisor to the City (the “Municipal Advisor”), sealed or electronic proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of [___________________], in [___________, ___________] (the “Purchaser”), to purchase the Bonds in the principal amount of $[_______], at a price of $[__________] plus accrued interest, if any, on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Clerk are hereby authorized and directed to execute a contract on the part of the City with the Purchaser for the sale of the Bonds in accordance with the Notice of Sale. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. 3 4846-6066-1210\4 1.04. Savings. It is hereby determined that: (i) by the issuance of the Bonds, the City will realize a substantial interest rate reduction, a gross savings of approximately $[_______] and a present value savings (using the yield on the Bonds, computed in accordance with Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), as the discount factor) of approximately $[_______]; and (ii) as of the applicable redemption dates, the sum of (i) the present value of the debt service on the Refunding Bonds, computed to their stated maturity dates, after deducting any premium, using the yield of the Refunding Bonds as the discount rate, plus (ii) any expenses of the refunding payable from a source other than the proceeds of the Bonds or investment earnings thereon, is lower by [_______]% than the present value of the debt service on the Refunded Bonds, exclusive of any premium, computed to their stated maturity dates, using the yield of the Refunding Bonds as the discount rate. SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities, Interest Rates, Denominations, Payment. The Bonds shall be originally dated as of the date of issuance thereof, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of original issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 2027 2037 2028 2038 2029 2039 2030 2040 2031 2041 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar (as hereinafter defined), the principal amount 4 4846-6066-1210\4 thereof, shall be payable by check or draft issued by the Registrar; provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates; Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable each February 1 and August 1, commencing August 1, 2021 (each such date, an “Interest Payment Date”), to the person in whose name the Bonds are registered on the Bond Register (as hereinafter defined) at the Registrar’s close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30- day months. 2.04. Redemption. Bonds maturing in 2030 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, and if in part in such order of maturity dates as the City may select and by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000 as to Bonds maturing on the same date, on February 1, 2029, and on any date thereafter, at a price equal to the principal amount thereof plus accrued interest to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City will cause notice of the call for redemption to be published if and as required by law, and, at least thirty days prior to the designated redemption date, will cause notice of the call to be mailed by first class mail (or, if applicable, provided in accordance with the operational arrangements of the bond depository), to the registered owner of any Bond to be redeemed at the owner’s address as it appears on the Bond Register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of such Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS – ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing on February 1, 20__ and 20__ (the “Term Bonds”) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: 5 4846-6066-1210\4 Term Bonds Maturing in 20__ Term Bonds Maturing in 20__ Sinking Fund Payment Date Aggregate Principal Amount Sinking Fund Payment Date Aggregate Principal Amount (final maturity) (final maturity) Notice of redemption shall be given as provided in the preceding paragraph.] 2.05. Appointment of Initial Registrar. The City hereby appoints U.S. Bank National Association in St. Paul, Minnesota, as the initial bond registrar, transfer agent and paying agent (the “Registrar”). The Mayor and City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner’s attorney duly authorized in writing. 6 4846-6066-1210\4 (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner’s order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the Finance Director and shall be executed on behalf of the City by the signatures of the Mayor and City Clerk, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on 7 4846-6066-1210\4 different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the Finance Director shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this Section the following terms shall have the following meanings: “Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person’s subrogee. “Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. “DTC” shall mean The Depository Trust Company of New York, New York. “Participant” shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. “Representation Letter” shall mean the Representation Letter from the City to DTC. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall 8 4846-6066-1210\4 receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC by the Finance Director, in the form presented to this Council with such changes, omissions, insertions and revisions as the Mayor shall deem advisable, is hereby authorized, and execution of the Representation Letter by the Mayor shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this resolution. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.09. Form of Bonds The Bonds shall be prepared in substantially the form found at Exhibit A. SECTION 3. REFUNDING 3.01. Current Refunding. Proceeds of the Series 2012A Refunding Bonds in the amount of $[___________] shall be deposited in the sinking fund established for the Series 2012A Bonds to be applied to the redemption of the Series 2012A Refunded Maturities on the Series 2012A Redemption Date, and proceeds of the Series 2012A Refunding Bonds in the amount of $[________] shall be used to pay costs of issuance of the Series 2012A Refunding Bonds. The Finance Director is hereby directed to advise U.S. Bank National Association, St. Paul, Minnesota, as paying agent for the Series 2012A Bonds, to call the Series 2012A Refunded Maturities for redemption and prepayment on the Series 2012A Redemption Date, and to give 9 4846-6066-1210\4 thirty days’ mailed Notice of Redemption, substantially in the form attached hereto as Exhibit C, all in accordance with the provisions of the resolution authorizing the issuance of the Series 2012A Bonds. 3.02. Crossover Refunding. (a) Series 2013A Crossover Refunding. Proceeds of the Series 2013A Refunding Bonds in the amount of $[_________] shall be deposited in the Escrow Account established with the Escrow Agent (described below) under an Escrow Agreement described hereinafter, the funds so deposited, together with funds of the City in such amount as may be required, to be invested in securities authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 13, maturing on such dates and bearing interest at such rates as are required to provide funds sufficient, with cash retained in the escrow account, (i) to pay all interest to become due on the Series 2013A Refunding Bonds to and including the Series 2013A Crossover Date and (ii) to pay and redeem the outstanding principal of the Series 2013A Refunded Maturities on the Series 2013A Crossover Date; and proceeds of the Series 2013A Refunding Bonds in the amount of $[_____] shall be used by the City to pay costs of issuance of the Series 2013A Refunding Bonds. (b) Series 2018A Crossover Refunding. Proceeds of the Series 2018A Refunding Bonds in the amount of $[_________] shall be deposited in the Escrow Account established with the Escrow Agent under the Escrow Agreement, the funds so deposited, together with funds of the City in such amount as may be required, to be invested in securities authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 13, maturing on such dates and bearing interest at such rates as are required to provide funds sufficient, with cash retained in the escrow account, (i) to pay all interest to become due on the Series 2018A Refunding Bonds to and including the Series 2018A Crossover Date and (ii) to pay and redeem the outstanding principal of the Series 2018A Refunded Maturities on the Series 2018A Crossover Date; and proceeds of the Series 2018A Refunding Bonds in the amount of $[_____] shall be used by the City to pay costs of issuance of the Series 2018A Refunding Bonds. (c) The Mayor and City Clerk or their designees are hereby authorized to enter into an Escrow Agreement (the “Escrow Agreement”) with U.S. Bank National Association (the “Escrow Agent”), the form of which has been presented to this Council, establishing the terms and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67. SECTION 4. USE OF PROCEEDS; PROJECT FUND There is hereby created a special bookkeeping fund to be designated as the “Taxable General Obligation Bonds, Series 2021A Project Fund” (the “Project Fund”), to be held and administered by the Finance Director separate and apart from all other funds of the City. The City appropriates to the Project Fund the proceeds of the sale of the New Money Bonds ($[______]), representing the estimated costs of the New Money Project ($[______]) and costs of issuance of 10 4846-6066-1210\4 the New Money Bonds ($[_____]). The Finance Director shall maintain the Project Fund until payment of all costs and expenses incurred in connection with the construction of the New Money Project have been paid. From the Project Fund there shall be paid all costs and expenses related to the New Money Project. After payment of all such costs and expenses, the Project Fund shall be terminated. All funds on hand in the Project Fund when terminated shall be credited to the Bond Fund described in Section 5 hereof. SECTION 5. TAXABLE GENERAL OBLIGATION BONDS, SERIES 2021A BOND FUND The Bonds shall be payable from a separate Taxable General Obligation Bonds, Series 2021A Bond Fund (the “Bond Fund”) of the City, which shall be created and maintained on the books of the City as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid. Within the Debt Service Account (described below) in the Bond Fund are created the following subaccounts: (a) New Money Bonds Subaccount. Into the New Money Bonds Subaccount shall be deposited: i. the amounts specified in Section 4 above, after payment of all costs of the New Money Project; ii. Housing Fees received in each bond year from the Countryside Villas Housing Improvement Area; iii. any taxes collected pursuant to Section 7 hereof; and iv. any other funds appropriated by this Council for the payment of the New Money Bonds. (b) Series 2012A Refunding Bonds Subaccount. Into the Series 2012A Refunding Bonds Subaccount shall be deposited: i. any amounts in excess of the amount required to accomplish the refunding of the Series 2012A Refunded Maturities described in Section 3.01; ii. Housing Fees received in each bond year from the Coachman Oaks Housing Improvement Area; iii. any taxes collected pursuant to Section 7 hereof; and iv. any other funds appropriated by this Council for the payment of the Series 2012A Refunding Bonds. (c) Series 2013A Refunding Bonds Subaccount. Into the Series 2013A Refunding Bonds Subaccount shall be deposited: 11 4846-6066-1210\4 i. any amounts in excess of the amount required to accomplish the refunding of the Series 2013A Refunded Maturities described in Section 3.02(a); ii. all receipts of principal and interest on the investments held in the escrow account established pursuant to Section 3.02 with respect to the Series 2013A Refunding Bonds to and including the Series 2013A Crossover Date (other than the sum of $[___] received from maturing investments to be used to retire the Series 2013A Refunded Maturities.) iii. tax increments described in Section 6 hereof iv. any taxes collected pursuant to Section 7 hereof; and v. any other funds appropriated by the Council for the payment of the Series 2013A Refunding Bonds. (d) Series 2018A Refunding Bonds Subaccount. Into the Series 2018A Refunding Bonds Subaccount shall be deposited: i. any amounts in excess of the amount required to accomplish the refunding of the Series 2018A Refunded Maturities described in Section 3.02(b); ii. all receipts of principal and interest on the investments held in the escrow account established pursuant to Section 3.02 with respect to the Series 2018A Refunding Bonds to and including the Series 2018A Crossover Date (other than the sum of $[___] received from maturing investments to be used to retire the Series 2018A Refunded Maturities). iii. any taxes collected pursuant to Section 7 hereof; and iv. any other funds appropriated by this Council for the payment of the Series 2018A Refunding Bonds. There are hereby established two accounts in the Bond Fund, designated as the “Debt Service Account” and the “Surplus Account.” All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one-twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the Finance Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City 12 4846-6066-1210\4 which is available for that purpose, subject to reimbursement from the Surplus Account when the balance therein is sufficient, and the City covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional, statutory or charter limitation. SECTION 6. PLEDGE OF TAX INCREMENT Pursuant to Minnesota Statutes, Section 469.178, subdivision 2, and the Amended and Restated Tax Increment Pledge Agreement entered into between the Eagan Economic Development Authority and the City, tax increments from Tax Increment Financing District No. 1 (the “District”) are hereby pledged in an amount sufficient, together with other funds appropriated by the City to the (i) Tax Increment Bonds, Series 2013A Bond Fund established by the resolution authorizing the Series 2013A Bonds to pay the principal of and interest on the 2013A Bonds when due through the Series 2013A Crossover Date; and (ii) the Series 2013A Refunding Bonds Subaccount in the Bond Fund to pay the principal of and interest on the 2013A Refunding Bonds when due following the Series 2013A Crossover Date. The Mayor and City Administrator are hereby authorized and directed on behalf of the City to execute an amended and restated tax increment pledge agreement with the EDA in substantially the form found at EXHIBIT D attached hereto. Nothing herein shall preclude the EDA from hereafter making further pledges and appropriations of the tax increments from the Districts for the payment of other obligations of the EDA or to pay costs eligible to be paid from the tax increments from the District. SECTION 7. PLEDGE OF TAXING POWERS For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which, together with the collections of other amounts as set forth in Section 5, will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City, the taxes to be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached schedules in Exhibit B The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies from other legally available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61. SECTION 8. DEFEASANCE When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by 13 4846-6066-1210\4 depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank or trust company qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. SECTION 9. CONTINUING DISCLOSURE 9.01. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before twelve (12) months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2020, the following financial information and operating data in respect of the City (the Disclosure Information): 14 4846-6066-1210\4 (A) the audited financial statements of the City for such fiscal year, prepared in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under the headings: “Economic and Financial Information—Valuations,” “—Tax Capacity Rates.” “—Tax Levies and Collections,” and “Summary of Debt and Debt Statistics” which information may be unaudited. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to the Municipal Securities Rulemaking Board (the MSRB) through its Electronic Municipal Market Access System (EMMA) or the SEC. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, not in excess of 10 business days after the occurrence of the event, to the MSRB through EMMA, notice of the occurrence of any of the following events (each a “Material Fact,” as hereinafter defined): (A) principal and interest payment delinquencies; (B) non-payment related defaults, if material; (C) unscheduled draws on debt service reserves reflecting financial difficulties; 15 4846-6066-1210\4 (D) unscheduled draws on credit enhancements reflecting financial difficulties; (E) substitution of credit or liquidity providers, or their failure to perform; (F) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds or other material events affecting the tax status of the Bonds; (G) modifications to rights of Bond holders, if material; (H) Bond calls, if material and tender offers; (I) defeasances; (J) release, substitution, or sale of property securing repayment of the Bonds if material; (K) rating changes; (L) bankruptcy, insolvency, receivership, or similar event of the obligated person; (M) the consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (N) appointment of a successor or additional trustee or the change of name of a trustee, if material; (O) Incurrence of a financial obligation of the obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated person, any of which affect security holders, if material; and (P) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the obligated person, any of which reflect financial difficulties. For purposes of the events identified in paragraphs (O) and (P) above, the term “financial obligation” means (i) a debt obligation; (ii) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) a guarantee of (i) or (ii). The term “financial obligation” shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. As used herein, for those events that must be reported if material, an event is material if a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also material if it would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. 16 4846-6066-1210\4 For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, to the MSRB through EMMA, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the 17 4846-6066-1210\4 Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(2) hereof) or the consent of the Owners of any Bonds, by a resolution of this Board filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 10. CERTIFICATION OF PROCEEDINGS 10.01. Registration and Levy of Taxes The City Clerk is hereby authorized and directed to file a certified copy of this Resolution in the records of Dakota County, together with such additional information as required, and to obtain a certificate that the Bonds have been duly entered upon the County Auditor’s bond register and the tax required by law has been levied. 10.02. Authentication of Transcript The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, certificates and 18 4846-6066-1210\4 affidavits, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 10.03. Official Statement The Preliminary Official Statement relating to the Bonds, prepared and distributed by the Municipal Advisor, is hereby approved. The Municipal Advisor is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within seven business days from the date hereof, a Final Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule l5c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 10.04. Effective Date. This resolution shall be in full force and effect from and after its passage. Upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the Resolution was declared duly passed and adopted. A-1 4846-6066-1210\4 EXHIBIT A UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN TAXABLE GENERAL OBLIGATION BOND, SERIES 2021A R-___ $_________ Interest Rate Maturity Date Date of Original Issue CUSIP No. __% February 1, 20__ March 30, 2021 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF EAGAN, Dakota County, Minnesota (the “City”), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date of original hereof specified above at the annual rate specified above computed on the basis of a 360-day year consisting of twelve 30-day months, payable on February 1 and August 1 in each year, commencing August 1, 2021, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the United States of America by check or draft of U.S. Bank National Association, in St. Paul, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the “Bond Registrar”), or its successor designated under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of $[PAR] (the “Bonds”), all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date, issued pursuant to a resolution adopted by the City Council on March 2, 2021 (the “Resolution”) to finance housing improvements to the Countryside Villas Housing Improvement Area, and refund certain of the City’s outstanding general obligation bonds, and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 428A, 469, and 475 and Sections 412.301 and 475.521. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered form, in the denomination of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in the years 2030 and thereafter are each subject to redemption and prepayment, at the option of the City and in whole or in part and if in part, in the maturities selected by the City and by A-2 4846-6066-1210\4 lot, assigned in proportion to their principal amount, within any maturity, on February 1, 2029 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. [Bonds maturing on February 1, 20__ are subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20[__] Sinking Fund Payment Date Aggregate Principal Amount (final maturity)] At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond, not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price herein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. A-3 4846-6066-1210\4 IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has by the Resolution levied or agreed to collect and apply to payment of the Bonds ad valorem taxes levied on all taxable property in the City, certain housing improvement fees, and certain tax increment revenues, which taxes, fees and tax increment revenues are estimated to be collectible in years and amounts sufficient to produce sums not less than 5% in excess of the principal of and interest on the Bonds when due, and has appropriated such taxes, fees and tax increment revenues to its Taxable General Obligation Bonds, Series 2021A Bond Fund for the payment of such principal and interest; that if necessary for the payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the projects financed by this Bond have been or will be taken according to law and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by manual signature of the authorized representative of the Bond Registrar. A-4 4846-6066-1210\4 IN WITNESS WHEREOF, the City of Eagan, Dakota County, State of Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Clerk and has caused this Bond to be dated as of the date set forth below. CITY OF EAGAN, MINNESOTA (Facsimile Signature - City Clerk) (Facsimile Signature – Mayor) ________________ CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: __________________ U.S. BANK NATIONAL ASSOCIATION, as Bond Registrar By Authorized Representative ________________ A-5 4846-6066-1210\4 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM --as tenants in common UTMA ………….…. as Custodian for ………….….. (Cust) (Minor) TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act ...................…….. (State) JT TEN --as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto _____________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint ______________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other “signature guaranty program” as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Please insert social security or other identifying number of assignee:______________________ 4846-6066-1210\4 Exhibit B PROJECTED TAX LEVIES [TO COME] 4846-6066-1210\4 EXHIBIT C NOTICE OF REDEMPTION $1,660,000 Taxable General Obligation Housing Improvement Bonds, Series 2012A Dated May 15, 2012 City of Eagan, Minnesota NOTICE IS HEREBY GIVEN that the City of Eagan, Minnesota (the “City”) has called for redemption and prepayment on April 6, 2021 (the “Redemption Date”), the outstanding bonds of the above-referenced issue maturing on February 1 in the following years, in the principal amounts and having the interest rates and CUSIP numbers listed below (the “Bonds”): Year Amount Interest Rate CUSIP Number* Year Amount Interest Rate CUSIP Number* 2022 $110,000 2.55% 269408 LM0 2026 $245,000 3.25% 269408 LR9 2024 230,000 3.00 269408 LP3 2028 265,000 3.45 269408 LT5 The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. On the Redemption Date, interest thereon shall cease to accrue. Such redemption price will be payable upon each such bond on the next succeeding business day following the Redemption Date. A Form W-9, Payer's Request for Taxpayer Identification Number, must be completed and returned with the called Bond or 31% of the redemption proceeds will be withheld. Payment of bonds to be redeemed will be made on and after April 6, 2021, by submitting said Bond along with the completed form W-9 to U.S. Bank National Association at the following address: By Overnight Delivery or Hand: By Mail, Registered or Certified Mail: U.S. Bank National Association Corporate Trust Services 111 Fillmore Avenue East St. Paul, MN 55107 U.S. Bank National Association Corporate Trust Services P.O. Box 64111 St. Paul, MN 55164-0111 Pursuant to U.S. federal tax laws, you have a duty to provide the applicable type of tax certification form issued by the U.S. Internal Revenue Service (“IRS”) to U.S. Bank National Association Corporate Trust Services to ensure payments are reported accurately to you and to the IRS. In order to permit accurate withholding (or to prevent withholding), a complete and valid tax certification form must be received by U.S. Bank National Association Corporate Trust Services before payment of the redemption proceeds is made to you. Failure to timely provide a valid tax certification form as required will result in the maximum amount of U.S. withholding tax being deducted from any redemption payment that is made to you. The Registrar shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the Holders. Additional information may be obtained from the undersigned or from Northland Securities, Inc, 150 South Fifth Street Suite 3300, Minneapolis, Minnesota 55402 (612-851-5900), municipal advisor to the City. Dated: ______________, 2021. BY ORDER OF THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA By s/ Finance Director * Denotes full call of CUSIP. 4846-6066-1210\4 EXHIBIT D AMENDED AND RESTATED TAX INCREMENT PLEDGE AGREEMENT [Attach] 4846-6066-1210\4 SCHEDULE I Maturity Schedule [to come] Year New Money Bonds 2012A Refunding Bonds 2013A Refunding Bonds 2018A Refunding Bonds TOTAL 4846-6066-1210\4 CERTIFICATE OF DAKOTA COUNTY AUDITOR AS TO REGISTRATION AND TAX LEVY I, the undersigned, being the duly qualified and acting County Auditor of Dakota County, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution adopted March 2, 2021, by the City Council of the City of Eagan, Minnesota, setting forth the form and details of an issue of $[PAR] Taxable General Obligation Bonds, Series 2021A, dated as of March 30, 2021, and levying taxes for the payment thereof. I further certify that the bond issue has been entered on my bond register and the tax required by law for payment of the Bonds has been levied and filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal this ______ day of ___________, 2021. Dakota County Auditor (SEAL) 4849-3101-0780\5 ESCROW AGREEMENT THIS ESCROW AGREEMENT (this “Agreement”), made and entered into as of March 30, 2021, by and between the City of Eagan, Minnesota (the “Issuer”) and U.S. Bank National Association, St. Paul, Minnesota (the “Agent”); WITNESSETH, that the parties hereto recite and, in consideration of the mutual covenants and payments referred to and contained herein, covenant and agree as follows: 1. The Issuer has duly issued its $[PAR] Taxable General Obligation Bonds, Series 2021A, dated as of March 30, 2021 (the “Bonds”), a portion of the proceeds of which (the “Refunding Bonds”) will be used to redeem and advance refund in a crossover refunding pursuant to Minnesota Statutes, Chapters 469, and 475 and Sections 412.301 and 475.521: a) on February 1, 2023 (the “Series 2013A Crossover Date”) the February 1, 2024 through 2030 maturities (the “Series 2013A Refunded Maturities”) of the City’s Taxable General Obligation Tax Increment Bonds, Series 2013A, dated as of June 1, 2013 (the “Series 2013A Refunded Bonds”); and b) on February 1, 2026 (the “Series 2018A Crossover Date”) the February 1, 2027 through 2039 maturities (the “Series 2018A Refunded Maturities”) of the City’s General Obligation Bonds, Series 2018A, dated as of October 16, 2018 (the “Series 2018A Refunded Bonds,” and together with the Series 2013A Refunded Bonds, the “Refunded Bonds”). 2. The Issuer has also, in accordance with a resolution adopted March 2, 2021 (the “Resolution”), simultaneously with the execution of this Agreement, transmitted Bond proceeds in the amount of $[_____] to the Agent to be used as follows: (a) $[_____] to purchase an equivalent principal amount of federal securities, as identified in Exhibit A attached hereto; (b) $[_____] to be deposited as a beginning cash balance in the Escrow Account hereinafter established (c) $[_____] to be deposited as a beginning cash balance to remain uninvested; and (d) $[_____] to be applied to costs of issuance of the Bonds; In the opinion of Robert Thomas CPA, certified public accountants, the federal securities designated in paragraph (a), together with the initial cash balance designated in paragraph (b), mature at such times and bear interest at such rates that the collections of principal and interest thereon will be sufficient to pay the interest to become due on the Refunding Bonds to and including the applicable Crossover Date and to pay and redeem the outstanding principal of the Refunded Bonds on the applicable Crossover Date in accordance with the attached Exhibit B. 3. The Agent acknowledges receipt of the cash described in Section 2 and agrees that it will hold such cash in a special escrow account (the “Escrow Account”) in the name of the 2 4849-3101-0780\5 Issuer, and will remit from the Escrow Account, as the paying agent for the Refunding Bonds, moneys sufficient for the payment of interest due on the portion of the Refunding Bonds allocable to the refunding of the Series 2013A Refunded Bonds (the “Series 2013A Refunding Bonds”) to and including the Series 2013A Crossover Date and will remit, as paying agent for the Series 2013A Refunded Bonds, moneys sufficient for the payment of principal of the Series 2013A Refunded Bonds on the Series 2013A Crossover Date. The Agent will further, as the paying agent for the Refunding Bonds, remit moneys sufficient for the payment of interest due on the portion of the Refunding Bonds allocable to the refunding of the Series 2018A Refunded Bonds (the “Series 2018A Refunding Bonds”) to and including the Series 2018A Crossover Date and will remit, as paying agent for the Series 2018A Refunded Bonds, moneys sufficient for the payment of principal of the Series 2018A Refunded Bonds on the Series 2018A Crossover Date. The Agent will, not fewer than 30 days prior to the Series 2013A Crossover Date, mail the Notice of Redemption attached hereto as Exhibit C relating to the Series 2013A Refunded Bonds to the holders of all Series 2013A Refunded Bonds to be redeemed on the Series 2013A Crossover Date. The Escrow Agent is instructed to cause the Notice of Refunding, in substantially the form attached as Exhibit E hereto, to be posted to EMMA within ten business days of the date hereof. The Agent will, not fewer than 30 days prior to the Series 2018A Crossover Date, mail the Notice of Redemption attached hereto as Exhibit D relating to the Series 2018A Refunded Bonds to the holders of all Series 2018A Refunded Bonds to be redeemed on the Series 2018A Crossover Date. The Escrow Agent is instructed to cause the Notice of Refunding, in substantially the form attached as Exhibit F hereto, to be posted to EMMA within ten business days of the date hereof. 4. The Agent acknowledges that arrangements satisfactory to it for payment of its compensation for all services to be performed by it as Agent under this Agreement have been made. The Agent expressly waives any lien upon or claim against the moneys and investments in the Escrow Account. 5. If at any time it shall appear to the Agent that the money in the Escrow Account will not be sufficient to make any payment due to the registered owners of any of the Bonds or Refunded Bonds, the Agent shall immediately notify the Issuer. Upon receipt of such notice the Issuer shall forthwith transmit to the Agent for deposit in the Escrow Account from moneys on hand and legally available therefor, such additional moneys as may be required to make any such payment. 6. Within 60 days following the close of the Escrow Account, the Agent shall submit to the Issuer a report covering all money it shall have received and all payments it shall have made or caused to be made hereunder during the preceding fiscal year or portion thereof. 7. It is recognized that title to the money held in the Escrow Account from time to time shall remain vested in the Issuer but subject always to the prior charge and lien thereon of this Agreement and the use thereof required to be made by the provisions of this Agreement. 3 4849-3101-0780\5 The Agent shall hold all such money in a special trust fund and account separate and wholly segregated from all other funds and securities of the Agent or deposited therein. It is understood and agreed that the responsibility of the Agent under this Agreement is limited to the safekeeping and segregation of the moneys deposited with it in the Escrow Account, and the collection of and accounting for the principal and interest payable with respect thereto. 8. This Agreement is made by the Issuer for the benefit of the holders of the Refunding Bonds and the Refunded Bonds under and pursuant to Minnesota Statutes, Section 475.67, and is not revocable by the Issuer, and the investments and other funds deposited in the Escrow Account and all income therefrom have been irrevocably appropriated for the payment of outstanding principal of the Refunded Bonds on the applicable Crossover Date, and to pay interest on the Refunding Bonds prior to and including the applicable Crossover Date, in accordance with this Agreement. This Agreement may not be amended except to (i) sever any clause herein deemed to be illegal, (ii) provide for the reinvestment of funds or the substitution of securities as permitted by Section 4 hereof or (iii) cure any ambiguity or correct or supplement any provision herein which may be inconsistent with any other provision, provided that the Agent shall determine that any such amendment shall not adversely affect the owners of the Refunded Bonds or Refunding Bonds. 9. This Agreement shall be binding upon and shall inure to the benefit of the Issuer and the Agent and their respective successors and assigns. In addition, this Agreement shall constitute a third party beneficiary contract for the benefit of the holders of the Refunding Bonds and Refunded Bonds, as their interests may appear. Said third party beneficiaries shall be entitled to enforce performance and observance by the Issuer and the Agent of the respective agreements and covenants herein contained as fully and completely as if said third party beneficiaries were parties hereto. 10. Upon merger or consolidation of the Agent, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Agent. Upon the resignation of the Agent, which shall be communicated in writing to the Issuer, or in the event the Agent becomes incapable of acting hereunder, the Issuer reserves the power to appoint a successor Agent. No resignation shall become effective until the appointment of a successor Agent by the Issuer. 11. Notices. Unless otherwise provided by the respective parties, all notices to each of them shall be addressed as follows: To the Issuer: City of Eagan Eagan Municipal Center 3830 Pilot Knob Rd. Eagan, MN 55122 Attention: Finance Director 4 4849-3101-0780\5 To the Municipal Advisor: Northland Securities, Inc. 150 South 5th Street, Suite 3300 Minneapolis, Minnesota 55402 To Bond Counsel: Dorsey & Whitney LLP Suite 1500 50 South Sixth Street Minneapolis, MN 55402 Attention: Public Finance Department To the Escrow Agent: U.S. Bank National Association Global Corporate Trust 60 Livingston Avenue EP-MN-WS3C St. Paul, MN 55107 [The remainder of this page is intentionally left blank.] 5 4849-3101-0780\5 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed by their duly authorized officers. CITY OF EAGAN, MINNESOTA By: Mayor And: City Clerk Security Advice Waiver: The Issuer acknowledges that to the extent regulations of the Comptroller of the Currency or any other regulatory entity grant the Issuer the right to receive brokerage confirmations of the security transactions as they occur, the Issuer specifically waives receipt of such confirmations to the extent permitted by law. The Escrow Agent will furnish the Issuer with periodic cash transaction statements that include the detail for all investment transactions made by the Escrow Agent for all current and future accounts. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a Trust or other legal entity we will ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, and identification and authorization documents from individuals claiming authority to represent the entity or other or other relevant documentation. [Signature Page to Escrow Agreement] 6 4849-3101-0780\5 U.S. BANK NATIONAL ASSOCIATION, Agent By: Its: [Signature Page to Escrow Agreement] 4849-3101-0780\5 EXHIBIT A ESCROW ACCOUNT CASH RECEIPTS FROM SLGS ALLOCATED TO THE REFUNDED BONDS PURCHASED WITH BOND PROCEEDS 4849-3101-0780\5 EXHIBIT B ESCROW ACCOUNT CASH FLOW C-1 4849-3101-0780\5 EXHIBIT C NOTICE OF REDEMPTION $12,390,000 Taxable General Obligation Tax Increment Bonds, Series 2013A Dated June 1, 2013 City of Eagan, Minnesota NOTICE IS HEREBY GIVEN that the City of Eagan, Minnesota (the “City”) has called for redemption and prepayment on February 1, 2023 (the “Redemption Date”), the outstanding bonds of the above-referenced issue maturing on February 1 in the following years, in the principal amounts and having the interest rates and CUSIP numbers listed below (the “Bonds”): Year Amount Interest Rate CUSIP Number* Year Amount Interest Rate CUSIP Number* 2024 $870,000 2.65% 269408 MM9 2028 $ 975,000 3.20% 269408 MR8 2025 895,000 2.85 269408 MN7 2029 1,005,000 3.30 269408 MS6 2026 920,000 3.00 269408 MP2 2030 1,040,000 3.40 269408 MT4 2027 945,000 3.10 269408 MQ0 *Denotes Full Call. The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the Redemption Date. On the Redemption Date, interest thereon shall cease to accrue. Such redemption price will be payable upon each such bond on the next succeeding business day following the Redemption Date. A Form W-9, Payer's Request for Taxpayer Identification Number, must be completed and returned with the called Bond or 31% of the redemption proceeds will be withheld. Payment of bonds to be redeemed will be made on and after February 1, 2023, by submitting said Bond along with the completed form W-9 to U.S. Bank National Association at the following address: By Overnight Delivery or Hand: By Mail, Registered or Certified Mail: U.S. Bank National Association Corporate Trust Services 111 Fillmore Avenue East St. Paul, MN 55107 U.S. Bank National Association Corporate Trust Services P.O. Box 64111 St. Paul, MN 55164-0111 Pursuant to U.S. federal tax laws, you have a duty to provide the applicable type of tax certification form issued by the U.S. Internal Revenue Service (“IRS”) to U.S. Bank National Association Corporate Trust Services to ensure payments are reported accurately to you and to the IRS. In order to permit accurate withholding (or to prevent withholding), a complete and valid tax certification form must be received by U.S. Bank National Association Corporate Trust Services before payment of the redemption proceeds is made to you. Failure to timely provide a valid tax certification form as required will result in the maximum amount of U.S. withholding tax being deducted from any redemption payment that is made to you. The Registrar shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the Holders. Additional information may be obtained from the undersigned or from Northland Securities, Inc, 150 South Fifth Street Suite 3300, Minneapolis, Minnesota 55402 (612-851-5900), municipal advisor to the City. Dated: ______________, 2021. BY ORDER OF THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA By s/ Finance Director D-1 4849-3101-0780\5 EXHIBIT D NOTICE OF REDEMPTION $22,300,000 General Obligation Bonds, Series 2018A Dated October 16, 2018 City of Eagan, Minnesota NOTICE IS HEREBY GIVEN that the City of Eagan, Minnesota (the “City”) has called for redemption and prepayment on February 1, 2026 (the “Redemption Date”), the outstanding bonds of the above-referenced issue maturing on February 1 in the following years, in the principal amounts and having the interest rates and CUSIP numbers listed below (the “Bonds”): Year Amount Interest Rate CUSIP Number* Year Amount Interest Rate CUSIP Number* 2027 $1,170,000 4.000% 269408 PJ3 2034 $1,330,000 3.500% 269408 PR5 2028 1,215,000 4.000 269408 PK0 2035 1,370,000 3.500 269408 PS3 2029 1,140,000 3.000 269408 PL8 2036 1,420,000 3.500 269408 PT1 2030 1,170,000 3.000 269408 PM6 2037 1,475,000 3.625 269408 PU8 2031 1,205,000 3.125 269408 PN4 2038 2,045,000 3.625 269408 PV6 2032 1,245,000 3.250 269408 PP9 2039 2,120,000 3.375 269408 PW4 2033 1,285,000 3.375 269408 PQ7 *Denotes Full Call. The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the Redemption Date. On the Redemption Date, interest thereon shall cease to accrue. Such redemption price will be payable upon each such bond on the next succeeding business day following the Redemption Date. A Form W-9, Payer's Request for Taxpayer Identification Number, must be completed and returned with the called Bond or 31% of the redemption proceeds will be withheld. Payment of bonds to be redeemed will be made on and after February 1, 2026, by submitting said Bond along with the completed form W-9 to U.S. Bank National Association at the following address: By Overnight Delivery or Hand: By Mail, Registered or Certified Mail: U.S. Bank National Association Corporate Trust Services 111 Fillmore Avenue East St. Paul, MN 55107 U.S. Bank National Association Corporate Trust Services P.O. Box 64111 St. Paul, MN 55164-0111 Pursuant to U.S. federal tax laws, you have a duty to provide the applicable type of tax certification form issued by the U.S. Internal Revenue Service (“IRS”) to U.S. Bank National Association Corporate Trust Services to ensure payments are reported accurately to you and to the IRS. In order to permit accurate withholding (or to prevent withholding), a complete and valid tax certification form must be received by U.S. Bank National Association Corporate Trust Services before payment of the redemption proceeds is made to you. Failure to timely provide a valid tax certification form as required will result in the maximum amount of U.S. withholding tax being deducted from any redemption payment that is made to you. The Registrar shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the Holders. Additional information may be obtained from the undersigned or from Northland Securities, Inc, 150 South Fifth Street Suite 3300, Minneapolis, Minnesota 55402 (612-851-5900), municipal advisor to the City. Dated: ______________, 2021. BY ORDER OF THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA By s/ Finance Director E-1 4849-3101-0780\5 EXHIBIT E NOTICE OF REFUNDING MARCH 30, 2021 ISSUER: City of Eagan, Minnesota RELATED BONDS: Taxable General Obligation Tax Increment Bonds, Series 2013A (the “Bonds”) CUSIP ®: 269408 MK3 269408 MR8 269408 ML1 269408 MS6 269408 MM9 269408 MT4 269408 MN7 269408 MP2 269408 MQ0 EVENT REPORTED: Defeasance of each of the above-referenced CUSIPs NOTICE is hereby given to owners of the above-referenced Bonds that such Bonds will be refunded pursuant to an Escrow Agreement dated as of March 30, 2021, by and between the City of Eagan, Minnesota (the “Issuer”) and U.S. Bank National Association (the “Escrow Agent”). Cash been placed in escrow with the Escrow Agent in a principal amount which, together with the investment income thereon and certain uninvested cash will be sufficient to pay interest and principal on the Bonds to and including February 1, 2023 (the “Crossover Date”) and redeem those Bonds maturing on February 1, 2024 and later years on the Crossover Date at a redemption price of 100% of the principal amount thereof and accrued interest thereon. A separate redemption notice will be mailed to all registered holders of the Bonds to be redeemed. No representation is made as to the correctness of the CUSIP number printed on the Bonds or as contained herein and reliance may be placed only on the identification numbers. BY THE ORDER OF City of Eagan, Minnesota U.S. Bank National Association, as Escrow Agent ® Registered Trademark 2015, American Bankers Association. The Registrar shall not be responsible for the selection or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in this Notice of Redemption or on any Bond. They are included solely for convenience of the Holders. F-1 4849-3101-0780\5 EXHIBIT F NOTICE OF REFUNDING MARCH 30, 2021 ISSUER: City of Eagan, Minnesota RELATED BONDS: General Obligation Bonds, Series 2018A (the “Bonds”) CUSIP ®: 269408 PD6 269408 PN4 269408 PE4 269408 PP9 269408 PF1 269408 PQ7 269408 PG9 269408 PR5 269408 PH7 269408 PS3 269408 PJ3 269408 PT1 269408 PK0 269408 PU8 269408 PL8 269408 PV6 269408 PM6 269408 PW4 EVENT REPORTED: Defeasance of each of the above-referenced CUSIPs NOTICE is hereby given to owners of the above-referenced Bonds that such Bonds will be refunded pursuant to an Escrow Agreement dated as of March 30, 2021, by and between the City of Eagan, Minnesota (the “Issuer”) and U.S. Bank National Association (the “Escrow Agent”). Cash been placed in escrow with the Escrow Agent in a principal amount which, together with the investment income thereon and certain uninvested cash will be sufficient to pay interest and principal on the Bonds to and including February 1, 2026 (the “Crossover Date”) and redeem those Bonds maturing on February 1, 2027 and later years on the Crossover Date at a redemption price of 100% of the principal amount thereof and accrued interest thereon. A separate redemption notice will be mailed to all registered holders of the Bonds to be redeemed. No representation is made as to the correctness of the CUSIP number printed on the Bonds or as contained herein and reliance may be placed only on the identification numbers. BY THE ORDER OF City of Eagan, Minnesota U.S. Bank National Association, as Escrow Agent ® Registered Trademark 2015, American Bankers Association. The Registrar shall not be responsible for the selection or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in this Notice of Redemption or on any Bond. They are included solely for convenience of the Holders. TAX INCREMENT PLEDGE AGREEMENT 4821-7515-2091\4 AMENDED AND RESTATED TAX INCREMENT PLEDGE AGREEMENT TAX INCREMENT FINANCING DISTRICT NO. 1 THIS AMENDED AND RESTATED TAX INCREMENT PLEDGE AGREEMENT (this “Agreement”) is made and entered into on or as of the [__] day of March 2021, by and between the City of Eagan, Minnesota (the “City”), and the Eagan Economic Development Authority (the “Authority”), and amends and restates that certain Tax Increment Pledged Agreement, dated as of June 1, 2013 (the “Original Agreement”) between the City and the Authority, as set forth below. WHEREAS, the Authority and the City have established the Cedar Grove Redevelopment Area (the “Project Area”) pursuant to Minnesota Statutes, Sections 469.001 to 469.047 and have approved a Redevelopment Program (the “Program”) for Tax Increment Financing District No. 1 (“the District”); and WHEREAS, the District has been designated as a tax increment financing district pursuant to Sections 469.090 to 469.108, Minnesota Statutes; and WHEREAS, as part of the Program, the City constructed a parking structure (the “Parking Ramp”) which is owned and operated by the Authority and was financed by the City’s Taxable General Obligation Tax Increment Bonds, Series 2013A, dated as of June 1, 2013 (the “Series 2013A Bonds”); and WHEREAS, the Authority agreed to pledge the available tax increment revenue of the District to the City for the payment of the principal of and interest on the Series 2013A Bonds, pursuant to the Original Agreement; and WHEREAS, the City is issuing its Taxable General Obligation Bonds, Series 2021A, dated as of March 30, 2021 (the “Series 2021A Bonds”), the proceeds of which will, in part, refund in a crossover refunding on February 1, 2023 (the “Crossover Date”), the 2024 through 2030 maturities of the Series 2013A Bonds (the “Refunding”); WHEREAS, the City and the Authority desire to amend and restate the Original Agreement to provide for the pledge by the Authority of the available tax increment revenue of the District to the City for the payment of the principal of and interest on the Series 2013A Bonds through the Crossover Date, the Series 2021A Bonds, and any additional bonds issued by the City that refinance the Series 2021A Bonds (“Refunding Bonds”); and WHEREAS, pursuant to Section 469.178, Subd. 2, Minnesota Statutes, any agreement to pledge tax increment revenues must be made by written agreement by and between the Authority and the City and must be filed with the County Auditor of Dakota County. TAX INCREMENT PLEDGE AGREEMENT 4821-7515-2091\4 NOW, THEREFORE, the City and the Authority mutually agree as follows: 1. The City will issue and sell the Series 2021A Bonds. 2. The proceeds from the sale of the Series 2021A Bonds will be applied by the City to the Refunding. 3. All available tax increment generated by the District from and after the date of this Agreement legally available therefor shall be deposited in a special fund (the “Fund”). On or prior to the first day of February and August of each year the Authority shall transfer to the debt service account for the Series 2021A Bonds or any Refunding Bonds an amount sufficient to pay the principal of and interest on: (i) the Series 2013A Bonds through the Crossover Date; the Series 2021A Bonds when due; or (iii) any Refunding Bonds when due. Any remaining tax increment derived from the District shall be retained by the Authority and may be used for any eligible costs of the Program. The pledge of tax increment hereunder may be subordinated to or placed on a parity with any subsequent pledges of such tax increment by agreement of the Authority and City. 4. When the entire public development costs of the Program have been paid and all principal and interest on the Series 2021A Bonds, Refunding Bonds, and other obligations issued to finance the public development costs of the Program have been paid, then the Authority shall report such fact to the City Council of the City and the Authority shall submit a final statement of such payments. 5. An executed copy of this Agreement shall be filed with the County Auditor of Dakota County pursuant to the requirement contained in Section 469.178, Subd. 2, Minnesota Statutes. S-1 TAX INCREMENT PLEDGE AGREEMENT 4821-7515-2091\4 IN WITNESS WHEREOF, the City and the Authority have caused this Agreement to be duly executed on their behalf as of the day and year first above written. CITY OF EAGAN, MINNESOTA By _______________________________ Mayor ATTEST: _____________________________ City Clerk [City Signature Page to Amended and Restated Pledge Agreement relating to the City’s Taxable General Obligation Bonds, Series 2021A] S-2 TAX INCREMENT PLEDGE AGREEMENT 4821-7515-2091\4 EAGAN ECONOMIC DEVELOPMENT AUTHORITY By _______________________________ President By _______________________________ Executive Director [Authority Signature Page to Amended and Restated Pledge Agreement relating to the City’s Taxable General Obligation Bonds, Series 2021A] U.S. PUBLIC FINANCE CREDIT OPINION 23 February 2021 Analyst Contacts Ryan Patton +1.312.706.9954 Analyst ryan.patton@moodys.com Michael Wertz +1.212.553.3830 VP-Senior Analyst michael.wertz@moodys.com CLIENT SERVICES Americas 1-212-553-1653 Asia Pacific 852-3551-3077 Japan 81-3-5408-4100 EMEA 44-20-7772-5454 Eagan (City of) MN Update to credit analysis Summary Eagan, MN (Aaa stable) has an exceptional credit profile anchored by its large economic base near Minneapolis with high resident incomes and relatively low unemployment. Its stable operating history has resulted in very strong reserves and a moderate debt burden. The city's primary credit challenge is its above average pension burden relative to operating revenue. Credit strengths »Large, affluent tax base adjacent to Twin Cities Metro area »Strong operating reserves Credit challenges »Above average pension burden Rating outlook The stable outlook reflects our view that reserves will remain healthy given the city's strong economic base and prudent management. The city continues to see substantial economic development, and management reports another operating surplus for fiscal 2020. A modest draw is budgeted for 2021, though management typically outperforms its budget. Factors that could lead to an upgrade »Not applicable Factors that could lead to a downgrade »Contraction of the tax base or weakening of the city's resident income »Material decline in reserves »Increased leverage from debt or pensions MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE Key indicators Exhibit 1 Eagan (City of) MN 2015 2016 2017 2018 2019 Economy/Tax Base Total Full Value ($000)$7,672,341 $8,145,133 $8,377,652 $9,270,713 $9,927,898 Population 65,424 65,874 66,102 66,363 66,379 Full Value Per Capita $117,271 $123,647 $126,738 $139,697 $149,564 Median Family Income (% of US Median)157.8%152.3%150.7%148.9%147.4% Finances Operating Revenue ($000)$36,343 $34,024 $37,828 $38,663 $40,570 Fund Balance ($000)$19,897 $19,813 $22,887 $24,116 $25,801 Cash Balance ($000)$20,863 $21,803 $27,389 $27,930 $28,635 Fund Balance as a % of Revenues 54.7%58.2%60.5%62.4%63.6% Cash Balance as a % of Revenues 57.4%64.1%72.4%72.2%70.6% Debt/Pensions Net Direct Debt ($000)$24,140 $30,585 $30,560 $47,945 $45,220 3-Year Average of Moody's ANPL ($000)$74,654 $84,569 $88,323 $90,045 $91,333 Net Direct Debt / Full Value (%)0.3%0.4%0.4%0.5%0.5% Net Direct Debt / Operating Revenues (x)0.7x 0.9x 0.8x 1.2x 1.1x Moody's - ANPL (3-yr average) to Full Value (%)1.0%1.0%1.1%1.0%0.9% Moody's - ANPL (3-yr average) to Revenues (x)2.1x 2.5x 2.3x 2.3x 2.3x Sources: US Census Bureau, Eagan (City of) MN’s financial statements and Moody’s Investors Service Profile The City of Eagan is located in Dakota County (Aaa stable) approximately 12 miles south of the City of St. Paul, MN( Aa1 stable). The city's population is estimated at approximately 66,000 residents. Detailed credit considerations Economy and tax base: large and diverse tax base located in Twin Cities metro area We expect the city's robust local economy will continue to benefit from its ties with the growing Minneapolis metro area, a diverse tax base and an affluent demographic profile. Unemployment in Eagan was a low 3.9% as of December 2020, below both the state (4.6%) and national (6.5%) rates for the same period. Resident income levels in the city are high, with median family income equivalent to 147% of the US median. The $10.5 billion tax base has grown at an average annual rate of 6.6% over the past five years, driven by appreciation and redevelopment of existing properties. Management reports that substantial development activity continued throughout the city in 2020. The base is about 20% commercial and home to several corporate headquarters, including Thomson Reuters Corporation (Baa2 stable) and Blue Cross Blue Shield (BCBS) of Minnesota. Thomson Reuters is a legal publishing company and the city's largest employer with 6,700 employees. Financial operations and reserves: stable financial operations supported by ample reserves The city's financial operations will remain stable given healthy reserves and strong management. While audited financial statements are not yet available, the city reports closing fiscal 2020 with a $4.6 million general fund surplus, which would raise the available operating fund (combined general and debt service funds) to approximately $30 million and nearly 65% of operating revenue. Modest declines in recreation charges were more than offset by application of $3.8 million of CARES funding toward public safety costs. The city also applied $1.2 million of CARES funding toward balancing operations at its civic arena, aquatic facility, and community center which are recorded as distinct enterprise funds. The budget for 2021 anticipates a $1.5 million use of general fund reserves, though management typically outperforms its budget. The budget includes a modest increase in revenue and planned expenses for four new hires. The city is currently still in a hiring freeze that This publication does not announce a credit rating action. For any credit ratings referenced in this publication, please see the ratings tab on the issuer/entity page on www.moodys.com for the most updated credit rating action information and rating history. 2 23 February 2021 Eagan (City of) MN: Update to credit analysis MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE was implemented with the pandemic. The budgeted use of reserves would still leave the city with a very healthy balance of over 60% of revenue. Liquidity The city's liquidity remains strong with operating fund net cash at $28.6 million or 71% of revenue in 2019. Cash across all governmental funds stood at $71 million, or a strong 135% of operating revenue. The city's public utilities fund, which accounts for water, sewer, street lighting, and storm water held a substantial cash balance of $21.2 million, or nearly 550 days cash on hand at the close of 2019. Debt and pensions: low debt burden and above average pension burden We expect the city's net direct debt burden will remain modest given limited plans for additional borrowing. Inclusive of the Series 2021A bonds, net direct debt is 0.4% of full value and 1.0x 2019 operating revenue. The city does not currently have any plans for additional governmental debt, though management is developing a capital plan for the utility that may be partially funded by general obligation bonds paid by net revenue of the system. Debt service expense was $3.0 million and accounted for 7.3% of operating expenditures in 2019. The city's pension burden is above average. The three-year average ANPL was $91 million and equivalent to 0.9% of full valuation and 2.3x 2019 operating revenue. Total fixed costs, consisting of debt service and pension contributions, in 2019 were moderate at 13% of operating revenues. Legal security The city's GOULT debt, including the Series 2021A bonds, are secured by the full faith, credit and power to levy ad valorem taxes, which may be levied without limitation as to rate or amount. The GOULT bonds are also secured by statute, but there is no lockbox structure. Debt structure All of the city's debt is fixed rate and amortizes over the long term. Principal amortization is average with 58% of direct debt retired in ten years. Debt-related derivatives The city is not a party to any interest rate swap agreements. Pensions and OPEB The city participates in two multiple-employer cost-sharing plans, the General Employees Retirement Fund (GERF) and the Public Employees Police and Fire Fund (PEPFF). Minnesota statutes establish local government retirement contributions as a share of annual payroll. Employer contribution rates are currently set at 7.5% of payroll for GERF and at 16.2% of payroll for PEPFF. The city’s total 2019 pension contribution was $2.6 million or 6.4% of operating revenue. The city has a single-employer defined benefit plan for retiree health care. The city prefunded the entire actuarial accrued liability in 2009. Based on the city's last valuation, the adjusted net OPEB asset was $8.9 million. ESG considerations Environmental Environmental considerations are not a key factor in the district's credit profile. The local government sector generally has low exposure to environmental risk. Data from Moody's affiliate Four Twenty Seven indicate that Dakota County is not at particulary high risk for heat stress, water stress, or extreme rainfall relative to counties nationally. Social Social considerations such as demographics, labor force, income and education are key considerations that influence the city's economy, demographic, financial and leverage trends. Resident income levels in the city are strong. Population is growing modestly, though land available for new development is limited. We regard the coronavirus outbreak as a social risk under our ESG framework, given the substantial implications for public health and safety. Favorably, the city's local economy and financial operations have proven very resilient through the pandemic. 3 23 February 2021 Eagan (City of) MN: Update to credit analysis MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE Governance The city's formal General Fund balance policy calls for a reserve target range of 40% to 45% of the subsequent year's budgeted expenditures. Property taxes are the city's largest revenue source, which comprised 76% of 2019 operating fund revenue. Intergovernmental aid comprised a modest 4% of operating fund revenue in 2019. Minnesota cities have an institutional framework score 1 of "Aa," which is strong. The sector has one or more major revenue sources that are not subject to any caps. Revenues tend to be predictable, as cities rely primarily on property taxes and state Local Government Aid (LGA), which is distributed based on demographic and tax base factors. Revenue-raising flexibility is moderate as cities generally benefit from unlimited levying authority, except during years in which the state has imposed limits. Levy limits are not currently in place for cities. Across the sector, fixed and mandated costs are relatively high. Expenditures mostly consist of personnel costs, which are highly predictable. 4 23 February 2021 Eagan (City of) MN: Update to credit analysis MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE Rating methodology and scorecard factors The US Local Government General Obligation Debt methodology includes a scorecard, a tool providing a composite score of a local government’s credit profile based on the weighted factors we consider most important, universal and measurable, as well as possible notching factors dependent on individual credit strengths and weaknesses. Its purpose is not to determine the final rating, but rather to provide a standard platform from which to analyze and compare local government credits. Exhibit 2 Eagan (City of) MN Rating Factors Measure Score Economy/Tax Base (30%)[1] Tax Base Size: Full Value (in 000s)$9,927,898 Aa Full Value Per Capita $149,564 Aa Median Family Income (% of US Median)147.4%Aa Finances (30%) Fund Balance as a % of Revenues 63.6%Aaa 5-Year Dollar Change in Fund Balance as % of Revenues 24.7%Aa Cash Balance as a % of Revenues 70.6%Aaa 5-Year Dollar Change in Cash Balance as % of Revenues 20.3%Aa Management (20%) Institutional Framework Aa Aa Operating History: 5-Year Average of Operating Revenues / Operating Expenditures 1.0x Aa Debt and Pensions (20%) Net Direct Debt / Full Value (%)0.5%Aaa Net Direct Debt / Operating Revenues (x)1.1x A 3-Year Average of Moody's Adjusted Net Pension Liability / Full Value (%)0.9%Aa 3-Year Average of Moody's Adjusted Net Pension Liability / Operating Revenues (x)2.3x A Notching Factors:[2] Unusually Strong or Weak Security Features Up Scorecard-Indicated Outcome Aaa Assigned Rating Aaa [1] Economy measures are based on data from the most recent year available. [2] Notching Factors are specifically defined in the US Local Government General Obligation Debt methodology. [3] Standardized adjustments are outlined in the GO Methodology Scorecard Inputs publication. Sources: US Census Bureau, {OrgName}’s financial statements and Moody’s Investors Service Endnotes 1 The institutional framework score assesses a municipality’s legal ability to match revenues with expenditures based on its constitutionally and legislatively conferred powers and responsibilities. See US Local Government General Obligation Debt (July 2020) methodology report for more details. 5 23 February 2021 Eagan (City of) MN: Update to credit analysis MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE © 2021 Moody’s Corporation, Moody’s Investors Service, Inc., Moody’s Analytics, Inc. and/or their licensors and affiliates (collectively, “MOODY’S”). All rights reserved. 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REPORT NUMBER 1266859 6 23 February 2021 Eagan (City of) MN: Update to credit analysis MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE CLIENT SERVICES Americas 1-212-553-1653 Asia Pacific 852-3551-3077 Japan 81-3-5408-4100 EMEA 44-20-7772-5454 7 23 February 2021 Eagan (City of) MN: Update to credit analysis Agenda Information Memo March 2, 2021, Eagan City Council Meeting OLD BUSINESS B. Conditional Use Permit Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit for outdoor storage and overnight parking of delivery vans located at Lot 1, Block 1, Lexington Logistics Center and Lot 1, Block 1, Aerospace Investments Industrial Park subject to the conditions listed in the APC minutes and the agreement with the applicant following the Finance Committee meeting. Required Vote For Approval: Majority of Councilmembers present Facts: The applicant proposes an Amazon last mile delivery facility that provides final stage package delivery to customers. The tenant would assume the entire 206,384 square foot office/warehouse building located at 3130 Lexington Avenue in addition to the adjacent site, 1045 Gemini Road. The building at 1045 Gemini Road is proposed to be razed, regraded and paved to accommodate the needed employee parking and storage of delivery vans. An approximately 8,500-square foot mezzanine is proposed for office space bringing the total floor area to almost 215,000 square feet. Parking and storage of delivery vans is illustrated on the west, south and far east portions of the overall site. Parking for warehouse associates and management staff is shown immediately east of the building. The site plan depicts 274 11-foot by 27-foot parking stalls, intended to accommodate delivery vans and drivers’ personal passenger vehicles, and 112 10-foot by 19-foot parking stalls for warehouse associates. A traffic analysis was provided for review. It does not anticipate any adverse impacts to the adjacent road network. Due to proximity to Lexington Avenue, the western most access onto Gemini Road may require consideration of future closure if and/or when the access causes traffic safety issues. The applicant proposes a new private sidewalk from Lexington Avenue in the southwest corner to accommodate future Minnesota Valley Transit Authority (MTVA) bus drop off. Also proposed is a pick-up/drop off ride share location at the north end of the parking lot immediately east of the building. Although not specifically mentioned in the project narrative, building elevations illustrate signage for a parcel pick-up “hub” on the east side of the building. A hub facility provides automated locker systems for package pick-up as well as package return. The hub customer service area is approximately 250 square feet and is not anticipated to generate significant traffic. The proposal appears to be compatible with the surrounding area. The surrounding Eagandale Center Industrial Park has numerous properties with outdoor storage, including the United States Postal Service and the properties immediately north and south of the site. The Lexington Logistics Center No. 2 Final Plat has been submitted for review. The plat proposes to combine the two lots to create one (1) platted lot consisting of 16.67 acres. The Dakota County Plat Commission approved the plat at its January 20, 2021 meeting; however, the Dakota County Surveyor has not released the plat for mylars. A condition of approval requires the applicant to execute (including recording) of the Final Plat. The Final Plat is anticipated to come before City Council as soon as the Dakota County Surveyor okays the plat for mylars. A public hearing was held at the January 26, 2021 Advisory Planning Commission meeting and the APC did recommended approval on a 6 - 0 vote. Updated Information Following February 2, 2021 City Council Meeting: At the February 2, 2021 City Council meeting, the Finance Committee was directed to meet with the applicant to discuss options to recover lost property tax revenue due to the demolition of the building at 1045 Gemini Road. The Finance Committee held a meeting on Wednesday, February 17, 2021 which was attended by City staff, the City Attorney, and representatives of the property owner and proposed tenant. At the meeting, the Finance Committee shared projections of lost property tax revenue due to the demolition of the building at 1045 Gemini Road. Following the Finance Committee meeting, it was agreed that in connection with the required plat to combine the parcels, the applicant shall remit $100,000.00 to the City prior to the City releasing the plat for recording. The remittance shall be deposited into the City’s Redevelopment and Reinvestment Fund and be used for infrastructure improvements. Issues: None 60-Day Agency Action Deadline: February 28, 2021 Attachments: (6) OBB-1 Location Map OBB-2 Draft January 26, 2021 APC Minutes OBB-3 Planning Report OBB-4 Exhibits OBB-5 APC Correspondence OBB-6 February 2, 2021 City Council Minutes TOWNCENTREDRIVEPROMENADE AVECOUNTY ROAD NO.43 (LEXINGTON AVE.)WESCOTTSQUALUNAR LANETOWN CENTRE DRDISCOVERY RDKEEFE STEAGANDALEPLACEINTERSTATE HWY. NO. 35ESTATION TRLEAGAALDRINDRIVEDENMARKAVECENTERCOURTNORTHWOOD PKWYEAGANDALE BLVDNORTHWOODCIRO.26 (LONE OAK ROAD)CO. ROAD NO. 43 LEXINCHESTNUT LNDENMARK AVEGANDALECTLONE OAK CIRCLENEIL ARMSTRONG BLVDCOLUMBIA DRGOLFVIEWDRTY ROAD NO.28 (YANKEE DOODLE ROAD)TOWNCENTREDRIVEMCKEE STC.S.A.H. NO.26 (LONE OAK RD.)DENMARK AVEWESTSERVICEROADGEMINIRDO 'L EAR YLA N ECLUBVIEWDRCO. HWY. NO. 28 (YANKEETRAPOLLOROADLexingtonParkMoonshineParkWescottCommons ParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: Lexington Logistics Center 2ndRequest: Conditional Use PermitFile No.: 11-CU-12-12-20 Subject Site Advisory Planning Commission January 26, 2021 Page 3 of 9 B. Lexington Logistics Center 2nd Addition Applicant Name: Judd Gilats, 3130 Lexington Ave, LLC Location: 3130 Lexington Avenue & 1045 Gemini Road Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage and overnight parking of delivery vans. File Number: 11-CU-12-12-20 City Planner Mike Schultz introduced this item and highlighted the information presented in the City Staff report dated January 20, 2021. Applicant Christopher Silas introduced himself and indicated he and his team are available for questions. Member Francis asked about the flex vehicles regarding frequency and package pick up. Mr. Silas responded that the vehicles could queue up in the standard drive-in and pull-in or they could park and pick up the packages they need to deliver. Member Francis followed up asking if they anticipate queuing issues (with the flex vehicles). Mr. Silas responded no. Member Whisnant asked about the van activity at different times during the day, and if an increase in activity at certain times, during holidays and Amazon Prime, was expected beyond what was in the report. Mr. Silas responded no, they don’t anticipate a greater increase in van activity, the vehicles aren’t always filled to capacity. Adding, like any other business, the level of activity also depends on the needs of the community they are serving. Chair Sagstetter opened the public hearing and invited members of the public who wished to comment to call in. There being no further public comment, Chair Sagstetter closed the public hearing and turned the discussion back to the Commission. Member Francis stated he supports the proposal and finds it meets the requirements. Member Francis moved, Member Vanderpoel seconded a to recommend approval of a Conditional Use Permit to allow outdoor storage of 163 delivery vans upon approximately 16.67 acres legally described as Lot 1, Block 1, Lexington Logistics Center and Lot 1, Block 1, Aerospace Investments Industrial Park (proposed replat plat Lexington Logistics Center No. 2), subject to the conditions listed. Advisory Planning Commission January 26, 2021 Page 4 of 9 Member Vanderpoel asked about the condition allowing the Engineer to close off an (westerly) access to Gemini Road if necessary, and whether a condition needs to be added to motion to that effect. City Planner Schultz responded the condition should be included as it was not part of listed conditions. Member Vanderpoel asked to add such a condition and referred to the City Attorney to write the condition. City Attorney Bauer stated he would draft appropriate language for the condition. Member Francis accepted the recommended amendment adding a condition allowing the City Engineer to close the westerly access on Gemini Road if necessary. Approval of the Conditional Use Permit is subject to the following conditions, as amended: 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder’s office within 60 days of approval by the City Council. 2. This Conditional Use Permit shall supersede and replace any and all prior Conditional Use Permits previously issued to the Property. 3. The interior building space designated for delivery van parking shall not be utilized for any other use unless an amendment is approved. 4. Outdoor storage shall be limited to 163 delivery vans within the west, south and far easterly parking fields illustrated on the Site Plan dated December 30, 2020. 5. All delivery vans stored outside must be operational. Delivery vans may not be repaired outside. 6. The applicant shall execute the Lexington Logistics Center No. 2 Final Plat. Prior to recording the Final Plat, the property owner shall either initiate demolition of 1045 Gemini Road or provide a financial assurance in the amount of $10,000 to ensure building is razed. 7. In accordance with City Code, a landscape financial guarantee escrow of $7,500 shall be provided prior to issuance of a building permit. 8. Development is subject to conditions of the City of Eagan Tree Preservation Ordinance (City Code Chapter 11, Section 11.70, Subd. 13) and must be satisfied prior to plan approval. 9. Outdoor storage areas along Lexington Avenue and Gemini Road shall meet City Code screening opacity requirements. Advisory Planning Commission January 26, 2021 Page 5 of 9 10. Landscaped areas shall be properly maintained per City Code standards. 11. Prior to issuance of a certificate of occupancy, the applicant shall verify that any gates have KNOX padlocks or switches for public safety access acceptable to the Fire Marshall. 12. All mechanical equipment and means of screening should be shown on the plans at the time of Building Permit. 13. All signage shall comply with City Sign Code standards. A Sign Permit shall be obtained prior to installation of any signs. 14. Prior to issuance of a Building Permit, a Final Site Lighting Plan shall illustrate a light ratio of not more than 1.5 footcandles across the parking and loading areas. 15. All parking and storage areas shall be properly maintained to prevent deterioration in a manner acceptable to the City Engineer. 16. 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. 17. This development shall comply with Eagan’s Land Disturbance Stormwater Pollution Prevention and Post-Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1-inch Volume Control of effective retention of the site’s new impervious surface area (including effective soil remediation for all of the site’s disturbed soils that are to be revegetated). 18. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of 4 soil borings equally spaced within the footprint of the proposed underground infiltration system area, extending a minimum of 10 feet below the bottom/invert elevation of the proposed underground infiltration system with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub- soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure water quality equivalent of volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. Advisory Planning Commission January 26, 2021 Page 6 of 9 19. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide underground stormwater infiltration system details, including that a) an off-line bypass to prevent construction stormwater from entering the perforated pipe galleries shall be provided until drainage area stabilization, b) solid bottom isolator rows (appropriately sized) are provided at any stormwater inlet point into the underground systems, c) sub-soils shall have appropriate composition and minimal compaction to ensure adequate infiltration capability, d) no limestone shall be used below or between the chambers, e) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, f) 10-inch minimum diameter inspection ports will be provided on all chamber rows. Notes shall be provided that grading and utility contractor(s) shall provide 24-hours advance notice to City Water Resources staff of any grading or utility work involving the proposed infiltration chamber systems, including over-excavation, installation of pre-treatment sumps, inlets, outlets, sump hoods, energy dissipators, etc. Shop drawings related to the underground stormwater infiltration chamber systems must be provided to the City for review before fabrication and installation. 20. The applicant shall provide adequately sized pre-treatment structure (e.g. 4-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any stormwater treatment facility inlet to provide for effective capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 21. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide the most updated water quality and rate control modeling documentation to demonstrate compliance with City stormwater requirements, to the satisfaction of the City Engineer. Rate Control must demonstrate no net increase over predevelopment conditions using a maximum curve number of 72. Stormwater filtration nutrient reductions, in lieu of full infiltration, will need to be documented with appropriate water quality modeling. 22. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet quantity tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. haul tickets, representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24- Advisory Planning Commission January 26, 2021 Page 7 of 9 hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 23. 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 of the private permanent stormwater management system, in a form acceptable to the City Attorney. 24. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans meeting City requirements for as-built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump(s), infiltration chamber galleries, etc.), including soil loosening & amendment prior to landscaping, conform to design and/or construction plans, as approved by the City. Photos/video of final inspection of clean underground infiltration chamber gallery system and contributing stormsewer shall be provided to the City Engineer. 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. 25. Prior to issuance of a building permit for any future plan of site redevelopment, this development shall fully meet the City’s Land Disturbance Stormwater Pollution Prevention and Post-Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1-inch Volume Control of effective retention of the site’s new and fully- reconstructed impervious surface area (including effective soil remediation for all of the site’s disturbed soils that are to be revegetated). 26. Prior to issuance of a building permit for any future plan of site development, 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 of the permanent stormwater management system, in a form acceptable to the City Attorney. 27. All utility and grading plans shall be reviewed at the time of building permit for full compliance with city standards. 28. The applicant should restore any damage to the street, curb and gutter, and boulevard that occurs during construction activities in a manner acceptable to the City Engineer. 29. Removal and/or abandonment of the utilities (sanitary sewer, watermain, and storm sewer) at the east side of the site shall be performed in a manner acceptable to the City Engineer. Advisory Planning Commission January 26, 2021 Page 8 of 9 30. The applicant shall relocate a staff drop off area into the parking lot or along Gemini Road, in a manner and location acceptable to the City Engineer. 31. All entrance monuments shall be located outside of drainage and utility easements. 32. The applicant/property owner shall remove or relocate the western access onto Gemini Road in a manner acceptable to the City Engineer if and/or when the proximity of the access to Lexington Avenue causes traffic safety issues, as determined by the City Engineer. Roll call was taken. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 20, 2021 CASE 11-CU-12-12-20 APPLICANT: 3130 Lexington Ave, LLC HEARING DATE: January 26, 2021 PROPERTY OWNER(S): 3130 Lexington Ave, LLC APPLICATION DATE: December 30, & Aerospace Investments, LLC 2020 REQUEST: Conditional Use Permit PREPARED BY: Mike Schultz LOCATION: 3130 Lexington Avenue South & 1045 Gemini Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit for outdoor storage of up to 163 delivery vans upon approximately 16.67 acres located at 3130 Lexington Avenue South and 1045 Gemini Road. Note that a Final Plat application is under concurrent review and will be forwarded for City Council consideration. 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. Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 2 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 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 property located 3130 Lexington Avenue previously was home to a 3M office, research and warehouse building constructed in 1973. In December of 2019 City Council approved a Conditional Use Permit to allow the outdoor storage of up to 43 semi-trucks and trailers on the easterly portion of the site. The 3M building was demolished in the Spring of 2020 and an approximately 206,000 square foot office/warehouse building was constructed. Currently there are no tenants within the building, however, the perspective tenant would occupy the entire building and utilize the entire site. Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 3 The property located at 1045 Gemini Road is proposed to be re-platted and combined with the property at 3130 Lexington Avenue as part of a Final Plat, creating a single platted lot. The 37,400 square foot building on this site was constructed in 1987 and serves Aerospace Investments, LLC for office, manufacturing and warehouse uses. A Conditional Use Permit was approved for the site in 2008 for outside storage of above ground tanks, located along the west wall of the building. The building on this site is proposed to be demolished and the site redeveloped for the purposes of the prospective tenant of the adjacent property. EXISTING CONDITIONS The existing building and parking lot on the west side of the site were constructed in 2020, and the building on the east side of the site constructed in 1987. Both buildings are connected to City sewer and water services. Standard drainage and utility easements are located around the perimeter of the property, including the common lot line between the two existing parcels. The access onto Lexington Avenue is at the north end of the site and is limited to right-in/right-out only. There are three full accesses onto Gemini Road. The western portion to the site was fully planted with landscaping and tree mitigation as part of the building permit in 2020. The northeast corner of the eastern portion of the site is heavily treed. The site generally drains to the north with elevations ranging from 891 feet to 857 feet. Both properties are guided Industrial and currently zoned I-1, Limited Industrial. SURROUNDING USES Existing Use Zoning Land Use Designation North Office, Single-family Residence, Contractor’s Yard PD, Planned Development and I-1, Limited Industrial IND, Industrial East Office/Warehouse I-1, Limited Industrial IND, Industrial South Office/Warehouse I-1, Limited Industrial IND, Industrial West United States Postal Service (across Lexington Avenue) I-1, Limited Industrial IND, Industrial EVALUATION OF REQUEST Description of Proposal - The applicant proposes an Amazon last mile delivery facility that provides the final stage of package delivery to customers. The tenant would assume the entire 206,384 square foot office/warehouse building on the 13.54-acre site in addition to the adjacent 3.12-acre site to accommodate employee parking and outdoor storage of delivery vans. Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 4 The building at 1045 Gemini Road is proposed to be razed, regraded and paved to accommodate parking/storage of delivery vans. Parking and storage of the 163 delivery vans is illustrated on the west, south and far east portions of the site plan. Parking for warehouse associates and management staff is shown immediately east of the building. Semi-truck access will occur from the north access drive on Lexington Avenue to access six (6) loading bays on the northeast side of the building. An approximately 8,500-square foot mezzanine is proposed for office space on the east central portion of the building, bringing the total floor area to almost 215,000 square feet. Although the project narrative does not specifically mention it, building elevations illustrate signage for a parcel pick-up “hub” on the east side of the building. A hub facility provides automated locker systems for customers to pick-up packages if not delivered to the customer’s home or business, as well as package return. The hub customer service area is approximately 250 square feet and is not anticipated to generate significant traffic. The request does not include outdoor storage of semi-trucks or trailers as previously approved in 2020; this Conditional Use Permit would replace and supersede that approval. Compatibility with Surrounding Area – The proposal appears to be compatible with the surrounding area. The surrounding Eagandale Center Industrial Park has numerous properties having some type of outdoor storage, either through a formal conditional use permit or accepted prior to City Code provisions for approval of outdoor storage. The United States Postal Service (USPS) is located immediately west of the subject property and accesses directly to the intersection of Lexington Avenue and Gemini Road. The bulk mail facility has outdoor storage of semi-trailers primarily on the north portion of the site, visible from Denmark Avenue. However, based on aerial photos, storage of trailers, trucks and other vehicles occasionally occurs along the eastern portion of the site adjacent to Lexington Avenue. The Cemstone property to the south and other properties along Gemini Road appear to have outdoor storage of semi-trucks and trailers on site, although the storage areas are located primarily behind the front yards of the respective buildings. The property immediately north of the subject property was recently approved (September 2020) for an amended Conditional Use Permit to expand its outdoor storage limits relating to concrete recycling, stockpiling and contractor’s equipment. Airport Noise Considerations - The site is located within the one-mile Buffer of Airport Noise Zone 4. Within this area, industrial uses are considered compatible. Lots – The two properties are currently platted. The property addressed at 3130 Lexington Avenue is platted as Lot 1, Block 1, Lexington Logistics Center and the lot is 13.54 acres. The plat was approved and recorded in 2020. The property at 1045 Gemini Road was platted in 2008 as Lot 1, Block 1, Aerospace Investments Industrial Park, and consists of 3.13 acres. The two lots are Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 5 proposed to be combined as part of Lexington Logistics Center Addition No. 2, creating a 16.67- acre parcel. The Final Plat will be forwarded to the City Council along with the Conditional Use Permit. To avoid two principal buildings on one lot, a condition of approval has been added requiring the building at 1045 Gemini Road to be razed or financial assurance secured prior to recording of the Final Plat. Site Plan – The site plan identifies the existing 206,284 square foot building oriented north and south within the middle of the property. The building design anticipated the possibility of multiple tenants, with multiple pedestrian access doors along the west façade facing Lexington Avenue. The site as constructed includes employee parking along the west and south portion of the site. Loading bays are located along the east wall of the building. The east portion of the site was originally intended for truck loading and outdoor storage of 43 semi-trucks and trailers. The proposed site plan modifies a majority of the existing parking lot to accommodate Amazon’s operations. The plan illustrates restriping the existing parking field, including removal or modification of several landscape islands to accommodate the parking/storage of delivery vans and vehicle circulation. The parking stall size for a delivery van is 11 feet (width) by 27 feet (depth), larger than the standard 10-foot by 19-foot parking stall. The site plan also illustrates 39 interior parking stalls intended to accommodate both delivery vans (29 stalls) and drivers’ personal vehicles (10 stalls) within the south end of the building. The plan also proposes exterior building modifications, including new overhead doors on the east and north building facades to accommodate delivery van circulation within the interior loading area. The office area and employee access to the building are proposed on the east side of the building. The formal entrances originally intended to front Lexington Avenue would become service doors. The building at 1045 Gemini Road is proposed to be razed, regraded and paved to accommodate parking for delivery vans. Parking and storage of delivery vans is illustrated on the west, south and far east portions of the site plan, in addition to the interior portion of the building as noted above. Parking for warehouse associates and management staff is shown immediately east of the building. Semi-truck access will occur from the north access drive on Lexington Avenue to access six (6) loading bays on the northeast side of the building. The north building façade will be modified to include three (3) overhead doors for outbound delivery vans. The applicant proposes a new sidewalk from Lexington Avenue to the building in the southwest corner of the site to accommodate future Minnesota Valley Transit Authority (MTVA) bus drop off. Also proposed is a pick-up/drop off ride share location at the north end of the parking lot immediately east of the building. The applicant’s narrative cites that “not only will this help reduce the number of parking spaces needed, it will help increase accessibility to members of the immediate and surrounding communities”. Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 6 The applicant is preparing the site for the eventual addition of electric vehicle (EV) charging stations where delivery van parking is currently proposed. The applicant’s narrative does not detail when the EV stations may be added to the site. Amazon Operations – The applicant’s narrative details the operations of the last mile warehouse, including the number of associates, period of work shifts and when delivery vans exit and return to the site. The narrative states the facility will “operate 24/7 to support delivery of packages to at (sic) customer locations between 11:00 AM and 9:00 PM.” It is anticipated “approximately 14- line haul trucks delivering packages to the delivery station each day, primarily between the hours of 10:00 PM to 8:00 AM. The customer packages are sorted, picked to the delivery routes, placed onto movable racks and staged for dispatch.” Delivery associates begin arriving on site around 9:20 AM. The narrative states “starting at 9:50 AM and ending at 11:10 AM, 163 delivery vans will load and depart from the delivery station at a rate of 30 to 40 vans every 20 minutes to facilitate a regulated traffic flow into the surrounding area. The 1st wave of delivery vans leave at 10:10 AM. The departure window is designed to mitigate impact on rush hour periods. Approximately 8-10 hours after dispatch, delivery routes are completed and the vans return to the station between 7:10 PM and 9:10 PM. The drivers park the delivery van onsite and leave using a personal vehicle or public transport”. In addition to the anticipated 163 delivery vans exiting and entering the site, Amazon also contracts Amazon Flex drivers to deliver customer packages. According to the narrative “Amazon Flex works in concert with an advanced logistics systems and technology that Amazon has been building since day one. AMZL (Amazon) anticipates approximately 40 traditional passenger vehicles entering the facility staggered between 4:30 PM and 6:00 PM. Flex vehicles will load and depart every 15 minutes”. Approximately 21 Amazon associates will work in the delivery station between 12:00 PM and 10:30 PM to support the Flex and DSP drivers as they return to the station. After the check out and release of all delivery vans by 9:20 PM, delivery station associates prepare the delivery station for the next day’s packages. Parking (Warehouse Associate, Van Drivers, and Van Storage) – The 2020 CUP Site Plan illustrated 234 parking stalls and 97 proof of parking stalls to accommodate the parking requirements for 10 percent office and 90 percent warehouse use of the 206,284 square foot building. The required parking has been recalculated for the proposed use, including the approximately 8,500 square foot mezzanine addition: [See chart on following page] Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 7 Use Parking Ratio Proposed Sq. Ft. Required Parking Offices 1/150 sq. ft. 8,942 60 stalls Delivery Van loading, staging, maneuvering NA 90,000 0 stalls Warehouse Space – first 6,000 sq. ft. 1/400 sq. ft. 6,000 15 stalls Warehouse Space – beyond 6,000 sq. ft. 1/1000 sq. ft. 73,225 74 stalls Internal Vehicular Parking N/A 36,688 0 stalls Total Required 214,855 sq. ft. 149 Stalls Square Feet = sq. ft. The site plan depicts 112 10-foot by 19-foot parking stalls on the east side of the building for warehouse and office staff. Although the number of employee stalls are less than the required stalls calculated by staff based on square footage, the applicant’s narrative explains that due to the shift nature of the warehouse work, no more than 98 warehouse/office employees are expected to be on site simultaneously. The site plan depicts 274 11-foot by 27-foot parking stalls on the west and south of the building and on the Gemini Road parcel for parking of 163 delivery vans and personal vehicles of delivery drivers. The applicant’s narrative explains that because delivery drivers’ arrivals are staged, shared parking of delivery vans and personal vehicles allows a parking supply of less than one-to- one for delivery and personal vehicles. An additional 39 parking spaces for delivery vans and driver personal vehicles are provided within the building. Conversion of the interior parking to warehouse space in the future may require additional exterior parking, and a condition that this space may not be converted to warehouse or other occupied space is included within the conditions of approval. The applicant’s narrative does note that the highest peak demand is during the holiday season and in July during Amazon Prime Day. The applicant’s narrative states that the parking provided should accommodate the additional warehouse and van associates that are hired during those seasonal peak periods. Bulk Standards – The existing building meets all bulk standards regarding building setbacks and lot coverage for the I-1 zoning district. The building at 1045 Gemini Road is proposed to be razed and no building additions are proposed with this request. Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 8 Building Architecture/Materials – The applicant is proposing several building modifications, however no new building additions are proposed at this time. Changes include exterior modifications to close off existing loading bays on the east side of the building, adding three (3) overhead doors on the north end of the building for exiting vans after loading, and a new employee entrance on the east side of the building. Compliance with all architectural standards will need to be demonstrated at the time of Building Permit. Mechanical Equipment – The zoning ordinance requires screening of all ground and rooftop mechanical equipment. A minimum 30-inch parapet is required to screen any rooftop mechanical equipment. Additionally, any ground mechanical equipment should be screened in accordance with City Code standards. The development plan set illustrates equipment will be setback beyond 20 feet from building edge as specified within City Code. Although a 30-inch parapet is not provided, the building height (36 to 38 feet) and setback from the adjacent roadways provide adequate screening of the mechanical equipment. Compliance with screening of mechanical equipment will be confirmed at the time of building permit. Signage – The City Code allows two (2) wall signs on two elevations and one (1) free-standing business sign for single-occupant buildings. The applicant’s building elevations illustrate new wall signs along both the west building façade and a tenant logo sign on the east building façade. The site plan also includes five (5) external illuminated monument signs, one at each driveway and one at the southwest corner of the site (near the Lexington Avenue/Gemini Road intersection). Directional signs (i.e. “exit”, “loading area”, etc.) not to exceed 16 square feet are permitted; company logos are prohibited on directional signs. Details of the content of the monument signs were not included within the development plans. A Sign Permit should be obtained prior to sign installation, details of the monument signs should be called out at that time. Lighting – City Code requires site lighting be provided for safety, security and site circulation. A minimum illumination of 0.5 footcandles is required in surface parking lots, with lighting averaging 1.5 footcandles. Lighting should not exceed 0.5 footcandles at the property lines, and no glare should be directed onto adjacent right-of-way or neighboring properties. The proposed Site Lighting Plan utilizes both free standing and wall mounted LED light fixtures. The photometric plan provided appears to meet the minimum 0.5 footcandle requirement. However, the applicant should demonstrate the light average of no more than 1.5 footcandles on the site. Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 9 A Final Site Lighting Plan should be prepared at the time of Building Permit for staff to confirm compliance with the above requirements. Landscaping – The Landscape Plan appears to acceptable. The Lexington Avenue property was landscaped in 2020 with completion of the building. Deciduous and evergreen trees installed last year, originally intended to screen passenger vehicles, will largely remain along both Lexington Avenue and Gemini Road. Evergreen trees were also previously installed along the north, south and east portions of the site to screen loading docks on the east side of the building. The Gemini Road property contains mature vegetation throughout the site. However, much of the site will be disturbed during demolition of the building, removal of the existing parking lot and regrading of the site. The Landscape Plan illustrates new shrub plantings to be installed along the west building foundation, between a new sidewalk and the building. New trees are shown in the southwest corner of the site and near the drive to the associate parking area. A variety of trees, shrubs and perennials are proposed throughout the Gemini Road site. Trees are illustrated in each of the parking lot islands and along both the easterly and northerly property lines. Green Space: The I-1 zoning district establishes a minimum green space of 25 percent. The data table on the applicant’s site plan notes that 30 percent green space is provided, however the noted minimum is incorrectly provided at 30 percent. At the time of building permit, the applicant should confirm the amount of green space provided to ensure it meets minimum Code requirements. Landscape Islands: City Code requires that a minimum five (5) percent of parking areas consist of landscape islands. The Site Plan illustrates a number of landscape islands to either be removed or modified, notably on the west portion of the site. However, new landscape islands are proposed within the new employee parking lot immediately east of the building along with new landscape islands on the Gemini Road site. The applicant’s Site Plan indicates that the development meets the five percent minimum referenced in City Code. At time of building permit the applicant should confirm compliance with green space and landscape island requirements. Tree Preservation - This development’s tree preservation is considered a single-phase, single lot, commercial type of application. Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is set at 30 percent. A Tree Inventory and Preservation plan submitted with this application indicates 37 significant trees on both the Gemini Road property along with Category ‘A’ trees on the Lexington Avenue site. According to the submitted Landscape Plan, 26 trees are proposed for removal and 11 trees Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 10 to remain. This is a 70 percent tree removal and tree mitigation will be required. A number of the trees identified for removal include Green Ash that have confirmed infestation of the Emerald Ash Borer. The applicant calculates 17 Category ‘A’ trees would be required for mitigation, the Landscape Plan proposes 19 Category ‘A’ trees for replacement. Issuance of a conditional use permit does not imply an exemption from future tree preservation requirements. Future development is subject to conditions of the City of Eagan Tree Preservation Ordinance (City Code Chapter 11, Section 11.70, Subd. 13) and must be satisfied prior to plan approval. Outdoor Storage – In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The outdoor parking and storage of the delivery vans is proposed within the general parking areas of the site and will not be within a fenced enclosure. The vans are intended to circulate in and out of the site during daytime hours, with the outdoor parking and storage occurring primarily during night-time hours after 10 p.m. The warehouse distribution operation is intended to be a 24 hour/7 days per week operation with employees constantly on-site. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The property is located on a corner lot, fronting two public roads. The proposed outdoor storage will be located along the frontage of Lexington Avenue and Gemini Road to the west and south of the building, both considered front yards. The far easterly van storage area would generally be considered the rear yard of the property (after replatting property to one lot). c. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 11 The applicant’s site plan does include a landscape plan, however, the landscaping may not meet the 75 percent screening requirement of outdoor storage areas (Section 11.70, Subd. 12.F.2) outlined in City Code. Outdoor storage of the delivery vans are proposed to occur between the hours of 10 p.m. and approximately 9:30 a.m. when vans begin to unpark and circulate into the building for loading. Between the approximate hours of 9:30 a.m. and 10 p.m. the west and east parking areas will be parked primarily with private passenger vehicles, largely resembling an employee parking lot. To achieve 75 percent screening requirement, additional evergreen trees should be considered along both Lexington Avenue and Gemini Road satisfactory to the City Planner. d. The storage area shall not interfere with any pedestrian or vehicular movement. All 11-foot by 27-foot parking stalls are designated for delivery vans and for drivers’ personal passenger vehicles. The van/driver parking arrangement is intended to minimize pedestrian and vehicle conflicts throughout the site. In addition to this design strategy, the applicant also proposes to include painted pedestrian cross walks, new sidewalks, and a raised pedestrian table to minimize pedestrian/vehicle conflicts. e. The storage area shall not take up required parking spaces or landscaping areas. The parking and storage of delivery vans and the driver’s personal vehicles are designated within the 11-foot by 27-foot parking stalls. Parking for warehouse employees and other associates is provided with the 112-stall parking field immediately east of the building. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. All parking areas are to be paved with asphalt. The owner should maintain all paved surfaces in good condition. Wetlands - Because no wetlands are on site, City Code §11.67, wetland protection and management regulations, does not apply. Stormwater Management/ Water Quality – The applicant proposes to construct new and fully- reconstructed impervious surfaces (parking lot and access driveways) totaling 3.57 acres, with an additional 1.31 acres of disturbed/graded soils that are to be revegetated, on the site. This development will need to comply with the City’s Land Disturbance Stormwater Pollution Prevention and Post-Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1-inch Volume Control. To meet the 1.1-inch Volume Control requirement for this development proposal, based on 2.3 acres of impervious surface, effective and sufficient retention or water quality equivalent will need to be provided (if included with an acceptable Soil Management Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 12 Strategy for any disturbed/graded areas proposed to be revegetated, to restore soil permeability and soil health). The applicant proposes to meet City stormwater rate control and volume control requirements through the use of three on-site infiltration basins constructed in 2020 and the on-site construction of a proposed underground stormwater infiltration chamber system with isolator rows for rate control and volume control under the proposed new parking lot area, with a total retention volume/water quality equivalent of 11,518 cubic feet. Overflow from the stormwater management system would discharge into/through public waterbodies DP-4, DP-27, and then into LeMay Lake, an impaired waterbody for excess nutrients. Eagan Water Resources has reviewed the applicant’s submitted plans and stormwater management report, and finds the proposed plans meet City Code §4.34 Post-Construction Stormwater Management Requirements with the following conditions to provide: • appropriate erosion and sediment control during construction across the site during the extent of all construction activities (including effective rapid stabilization protections, construction stormwater treatment and sedimentation containment, rapid cleanup of tracking, etc.) to protect the downstream TMDL waterbody (Carlson Lake) • additional geotechnical investigations and design modifications to ensure that the proposed infiltration systems can infiltrate as intended • appropriate design and implementation of the infiltration systems • appropriate inspection and maintenance access for the underground infiltration system • pre-treatment structures upstream of underground system inlets, for sediment/debris collection and easy cleanout accessibility • updated water quality and rate control modeling documentation • adequate protection of the infiltration systems during construction activities and installation through final site stabilization • assurances of long-term recurring maintenance of all private stormwater management facilities • effective soil loosening and amendment of all graded soils to be revegetated Utilities – The existing building on the west side of the site is connected to the City sanitary sewer and water main, and no modifications are proposed. The existing building on the east side of the site that is proposed to be removed will also need its water and sewer services and storm sewer system removed. Removal of the utilities at the east side of the site should be performed in a manner acceptable to the City Engineer. Streets/ Access/ Circulation – Public street access onto Lexington Avenue, and the two western most accesses onto Gemini Road are proposed to remain unchanged. The eastern access onto Gemini Road is proposed to be shifted to the eastern most part of the site. The applicant should Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 13 restore any damage to the street, curb and gutter, and boulevard that occurs during construction activities in a manner acceptable to the City Engineer. The eastern parking lot is intended for delivery vehicle parking and delivery vehicle drivers’ personal vehicles. Drivers would park their personal vehicle for the day while they use a delivery vehicle. The parking lot immediately to the east of the building is intended for staff that work in the building. The parking lot on the eastern side of the site is for overnight parking of delivery vans, and delivery van drivers’ personal vehicles during the day. All trucks enter and exit from the Lexington Avenue access, however, personal vehicles, flex vehicles, and delivery vans can enter and exit from any access. The applicant performed a traffic analysis at several public street intersections in the area. Because the traffic generated from the site primarily occurs during off-peak traffic periods, no adverse traffic impacts are anticipated. The western most access onto Gemini Road is approximately 220 feet from the Lexington Avenue intersection, and that proximity to a major intersection can cause some level of concern. Although the traffic analysis does not anticipate traffic issues at this location, it would be appropriate to include a condition of approval stating that the applicant should remove or relocate the western access onto Gemini Road in a manner acceptable to the City Engineer if and/or when the proximity of the access to Lexington Avenue causes traffic safety issues, as determined by the City Engineer. The applicant’s narrative stated that a staff drop off area is proposed along Lexington Avenue for ride shares, carpools, etc., and a sidewalk would be extended from the drop off area to the building. A sidewalk connecting to the existing bus stop along Lexington Avenue is appropriate. However, Lexington Avenue is not an appropriate location for a drop-off area for vehicles other than busses. The applicant should relocate a staff drop off area into the parking lot or along Gemini Road, in a manner and location acceptable to the City Engineer. Easements/ Right-of-Way – The Dakota County Plat Commission previously reviewed the plat for the western parcel and acquired additional right-of-way for Lexington Avenue and determined the appropriate access location. The approval of the new plat will again be reviewed by the plat commission; however, no additional right-of-way or easement is anticipated. No additional right- of-way or easement is required along Gemini Road. Both existing lots currently have drainage and utility easements around the perimeter of the parcel. The applicant proposes to combine the parcels into one, but does not proposed to vacate the easements and re-dedicate with the new plat. As a result, a drainage and utility easement will be located along the current common lot line. This is acceptable, however the applicant will need to vacate the easement(s) in the future if they ever propose to install a structure in that location. Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 14 The site plan shows an entrance monument partially located in the drainage and utility easement at the southwest corner of the site. All entrance monuments should be located outside of drainage and utility easements. Financial Obligation – At this time, there are no pending assessments on the parcel. All trunk and lateral utility fees were previously paid. Parks and Recreation - Park and trail dedications were previously satisfied for both properties . As such, no cash park and trail dedications are due at time of Building Permit. SUMMARY/CONCLUSION The proposed use of the site is for an Amazon last mile warehouse facility. The applicant is requesting outdoor storage of 163 delivery vans on the property located at 3130 Lexington Avenue South and 1045 Gemini Road (properties to be replatted under one address). The building and parking on the Gemini Road site will be razed and redeveloped to accommodate a new parking lot dedicated for delivery vans and drivers’ personal passenger vehicles. Delivery vans will be parked and stored in the parking fields located on the west, south and far easterly portions of the site. Outdoor storage of the vans will be most visible in the overnight hours, with delivery vans in use and off-site between 9:30 a.m. and 8:30 p.m. The storage areas will generally be screened from public view with current or proposed landscaping. However, additional evergreen trees should be considered to provide year around screening along that public roadway. A traffic analysis was provided for review, it does not anticipate any adverse impacts to the adjacent road network. Due to proximity to Lexington Avenue, the western most access onto Gemini Road may require consideration of future closure if and/or when the access causes traffic safety issues. Additionally, carpool and ride share programs referenced in the applicant’s narrative should occur on the applicant’s site and not occur along Lexington Avenue. It appears the applicant’s Conditional Use Permit request for outdoor storage of 163 delivery vans appears to satisfy the performance standards in City Code with generally modifications to landscaping. All other site improvements shall be reviewed and developed under additional required permits. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of 163 delivery vans upon approximately 16.67 acres legally described as Lot 1, Block 1, Lexington Logistics Center and Lot 1, Block 1, Aerospace Investments Industrial Park (proposed replat plat Lexington Logistics Center No. 2) If approved, the following conditions shall apply: Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 15 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder’s office within 60 days of approval by the City Council. 2. This Conditional Use Permit shall supersede and replace any and all prior Conditional Use Permits previously issued to the Property. 3. The interior building space designated for delivery van parking shall not be utilized for any other use unless an amendment is approved. 4. Outdoor storage shall be limited to 163 delivery vans within the west, south and far easterly parking fields illustrated on the Site Plan dated December 30, 2020. 5. All delivery vans stored outside must be operational. Delivery vans may not be repaired outside. 6. The applicant shall execute the Lexington Logistics Center No. 2 Final Plat. Prior to recording the Final Plat, the property owner shall either initiate demolition of 1045 Gemini Road or provide a financial assurance in the amount of $10,000 to ensure building is razed. 7. In accordance with City Code, a landscape financial guarantee escrow of $7,500 shall be provided prior to issuance of a building permit. 8. Development is subject to conditions of the City of Eagan Tree Preservation Ordinance (City Code Chapter 11, Section 11.70, Subd. 13) and must be satisfied prior to plan approval. 9. Outdoor storage areas along Lexington Avenue and Gemini Road shall meet City Code screening opacity requirements. 10. Landscaped areas shall be properly maintained per City Code standards. 11. Prior to issuance of a certificate of occupancy, the applicant shall verify that any gates have KNOX padlocks or switches for public safety access acceptable to the Fire Marshall. 12. All mechanical equipment and means of screening should be shown on the plans at the time of Building Permit. 13. All signage shall comply with City Sign Code standards. A Sign Permit shall be obtained prior to installation of any signs. Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 16 14. Prior to issuance of a Building Permit, a Final Site Lighting Plan shall illustrate a light ratio of not more than 1.5 footcandles across the parking and loading areas. 15. All parking and storage areas shall be properly maintained to prevent deterioration in a manner acceptable to the City Engineer. 16. 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. 17. This development shall comply with Eagan’s Land Disturbance Stormwater Pollution Prevention and Post-Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1-inch Volume Control of effective retention of the site’s new impervious surface area (including effective soil remediation for all of the site’s disturbed soils that are to be revegetated). 18. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of 4 soil borings equally spaced within the footprint of the proposed underground infiltration system area, extending a minimum of 10 feet below the bottom/invert elevation of the proposed underground infiltration system with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub-soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure water quality equivalent of volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 19. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide underground stormwater infiltration system details, including that a) an off-line bypass to prevent construction stormwater from entering the perforated pipe galleries shall be provided until drainage area stabilization, b) solid bottom isolator rows (appropriately sized) are provided at any stormwater inlet point into the underground systems, c) sub-soils shall have appropriate composition and minimal compaction to ensure adequate infiltration capability, d) no limestone shall be used below or between the chambers, e) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, f) 10-inch minimum diameter inspection Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 17 ports will be provided on all chamber rows. Notes shall be provided that grading and utility contractor(s) shall provide 24-hours advance notice to City Water Resources staff of any grading or utility work involving the proposed infiltration chamber systems, including over-excavation, installation of pre-treatment sumps, inlets, outlets, sump hoods, energy dissipators, etc. Shop drawings related to the underground stormwater infiltration chamber systems must be provided to the City for review before fabrication and installation. 20. The applicant shall provide adequately sized pre-treatment structure (e.g. 4-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any stormwater treatment facility inlet to provide for effective capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 21. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide the most updated water quality and rate control modeling documentation to demonstrate compliance with City stormwater requirements, to the satisfaction of the City Engineer. Rate Control must demonstrate no net increase over predevelopment conditions using a maximum curve number of 72. Stormwater filtration nutrient reductions, in lieu of full infiltration, will need to be documented with appropriate water quality modeling. 22. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet quantity tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. haul tickets, representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24-hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 23. 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 Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 18 operation and performance of the private permanent stormwater management system, in a form acceptable to the City Attorney. 24. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans meeting City requirements for as-built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump(s), infiltration chamber galleries, etc.), including soil loosening & amendment prior to landscaping, conform to design and/or construction plans, as approved by the City. Photos/video of final inspection of clean underground infiltration chamber gallery system and contributing stormsewer shall be provided to the City Engineer. 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. 25. Prior to issuance of a building permit for any future plan of site redevelopment, this development shall fully meet the City’s Land Disturbance Stormwater Pollution Prevention and Post-Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1-inch Volume Control of effective retention of the site’s new and fully- reconstructed impervious surface area (including effective soil remediation for all of the site’s disturbed soils that are to be revegetated). 26. Prior to issuance of a building permit for any future plan of site development, 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 of the permanent stormwater management system, in a form acceptable to the City Attorney. 27. All utility and grading plans shall be reviewed at the time of building permit for full compliance with city standards. 28. The applicant should restore any damage to the street, curb and gutter, and boulevard that occurs during construction activities in a manner acceptable to the City Engineer. 29. Removal and/or abandonment of the utilities (sanitary sewer, watermain, and storm sewer) at the east side of the site shall be performed in a manner acceptable to the City Engineer. 30. The applicant shall relocate a staff drop off area into the parking lot or along Gemini Road, in a manner and location acceptable to the City Engineer. Planning Report – Lexington Logistics Center CUP January 26, 2021 Page 19 31. All entrance monuments shall be located outside of drainage and utility easements. TOWNCENTREDRIVEPROMENADE AVECOUNTY ROAD NO.43 (LEXINGTON AVE.)WESCOTTSQUALUNAR LANETOWN CENTRE DRDISCOVERY RDKEEFE STEAGANDALEPLACEINTERSTATE HWY. NO. 35ESTATION TRLEAGAALDRINDRIVEDENMARKAVECENTERCOURTNORTHWOOD PKWYEAGANDALE BLVDNORTHWOODCIRO.26 (LONE OAK ROAD)CO. ROAD NO. 43 LEXINCHESTNUT LNDENMARK AVEGANDALECTLONE OAK CIRCLENEIL ARMSTRONG BLVDCOLUMBIA DRGOLFVIEWDRTY ROAD NO.28 (YANKEE DOODLE ROAD)TOWNCENTREDRIVEMCKEE STC.S.A.H. NO.26 (LONE OAK RD.)DENMARK AVEWESTSERVICEROADGEMINIRDO 'L EAR YLA N ECLUBVIEWDRCO. HWY. NO. 28 (YANKEETRAPOLLOROADLexingtonParkMoonshineParkWescottCommons ParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: Lexington Logistics Center 2ndRequest: Conditional Use PermitFile No.: 11-CU-12-12-20 Subject Site USPSCO. RD. 26 Lone Oak RoadInterstate 35-E NorthInterstate 35-E SouthCO. RD. 43 Lexington AvenueDenmark AvenueAldrin DriveNeil Armstrong BoulevardApollo RoadClubview DriveEaga n dale Pl a ce 0300150Feet´This map is for reference use only. This is not a survey and is not indtended to be used as one.Aerial photo-Spring 2020Project Name: Lexington Logistics Center 2nd AdditionRequest: Conditional Use PermitFile Nos.: 11-CU-12-12-20 CO. RD. 43 Lexington AvenueGemini RoadNeil Armstrong BoulevardClubview DriveApollo RoadDenmark Avenue0300150Feet´This map is for reference use only. 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ĚĞůŝǀĞƌLJŽƉĞƌĂƚŝŽŶƐ͕ĂƌƌŝǀŝŶŐĂƚϲ͗ϬϬDĂŶĚĚĞƉĂƌƚŝŶŐĂƚϮ͗ϯϬWDĨŽůůŽǁĞĚďLJĂŶŽƚŚĞƌƐŚŝĨƚŽĨĚŝƐƉĂƚĐŚĞƌƐ ĂƌƌŝǀŝŶŐĂƚϭ͗ϯϬWDĂŶĚĚĞƉĂƌƚŝŶŐĂƚϭϬ͗ϬϬWD͘ dŚĞĚĞůŝǀĞƌLJĂƐƐŽĐŝĂƚĞƐĂƌƌŝǀĞĂƚĂĚĞůŝǀĞƌLJƐƚĂƚŝŽŶĂƚϵ͗ϮϬD͘^ƚĂƌƚŝŶŐĂƚϵ͗ϱϬDĂŶĚĞŶĚŝŶŐĂƚϭϭ͗ϭϬ D͕ϭϲϯĚĞůŝǀĞƌLJǀĂŶƐǁŝůůůŽĂĚĂŶĚĚĞƉĂƌƚĨƌŽŵƚŚĞĚĞůŝǀĞƌLJƐƚĂƚŝŽŶĂƚĂƌĂƚĞŽĨϯϬƚŽϰϬǀĂŶƐĞǀĞƌLJϮϬ ŵŝŶƵƚĞƐƚŽĨĂĐŝůŝƚĂƚĞĂƌĞŐƵůĂƚĞĚƚƌĂĨĨŝĐĨůŽǁŝŶƚŽƚŚĞƐƵƌƌŽƵŶĚŝŶŐĂƌĞĂ͘dŚĞϭƐƚǁĂǀĞŽĨĚĞůŝǀĞƌLJǀĂŶƐůĞĂǀĞ ĂƚϭϬ͗ϭϬD͘dŚĞĚĞƉĂƌƚƵƌĞǁŝŶĚŽǁŝƐĚĞƐŝŐŶĞĚƚŽŵŝƚŝŐĂƚĞŝŵƉĂĐƚŽŶƌƵƐŚŚŽƵƌƉĞƌŝŽĚƐ͘ƉƉƌŽdžŝŵĂƚĞůLJ ϴͲϭϬŚŽƵƌƐĂĨƚĞƌĚŝƐƉĂƚĐŚ͕ĚĞůŝǀĞƌLJƌŽƵƚĞƐĂƌĞĐŽŵƉůĞƚĞĚĂŶĚƚŚĞǀĂŶƐƌĞƚƵƌŶƚŽƚŚĞƐƚĂƚŝŽŶďĞƚǁĞĞŶϳ͗ϭϬ WDĂŶĚϵ͗ϭϬWD͘dŚĞĚƌŝǀĞƌƐƉĂƌŬƚŚĞĚĞůŝǀĞƌLJǀĂŶŽŶƐŝƚĞĂŶĚůĞĂǀĞƵƐŝŶŐĂƉĞƌƐŽŶĂůǀĞŚŝĐůĞŽƌƉƵďůŝĐ ƚƌĂŶƐƉŽƌƚ͘ D>ǁŝůůĂůƐŽƵƐĞŵĂnjŽŶ&ůĞdžƚŽĚĞůŝǀĞƌƉĂĐŬĂŐĞƐĨƌŽŵƚŚŝƐůŽĐĂƚŝŽŶ͘ŵĂnjŽŶ&ůĞdžǁŽƌŬƐŝŶĐŽŶĐĞƌƚǁŝƚŚ ĂŶĂĚǀĂŶĐĞĚůŽŐŝƐƚŝĐƐƐLJƐƚĞŵƐĂŶĚƚĞĐŚŶŽůŽŐLJƚŚĂƚŵĂnjŽŶŚĂƐďĞĞŶďƵŝůĚŝŶŐƐŝŶĐĞĚĂLJŽŶĞ͘D> ĂŶƚŝĐŝƉĂƚĞƐĂƉƉƌŽdžŝŵĂƚĞůLJϰϬƚƌĂĚŝƚŝŽŶĂůƉĂƐƐĞŶŐĞƌǀĞŚŝĐůĞƐĞŶƚĞƌŝŶŐƚŚĞĨĂĐŝůŝƚLJƐƚĂŐŐĞƌĞĚďĞƚǁĞĞŶϰ͗ϯϬ WDĂŶĚϲ͗ϬϬWD͘&ůĞdžǀĞŚŝĐůĞƐǁŝůůůŽĂĚĂŶĚĚĞƉĂƌƚĞǀĞƌLJϭϱŵŝŶƵƚĞƐ͘ ƉƉƌŽdžŝŵĂƚĞůLJϮϭŵĂnjŽŶĂƐƐŽĐŝĂƚĞƐǁŝůůǁŽƌŬŝŶƚŚĞĚĞůŝǀĞƌLJƐƚĂƚŝŽŶďĞƚǁĞĞŶϭϮ͗ϬϬWDĂŶĚϭϬ͗ϯϬWD ƚŽƐƵƉƉŽƌƚƚŚĞ&ůĞdžĂŶĚ^WĚƌŝǀĞƌƐĂƐƚŚĞLJƌĞƚƵƌŶƚŽƚŚĞƐƚĂƚŝŽŶ͘ĨƚĞƌƚŚĞĐŚĞĐŬŽƵƚĂŶĚƌĞůĞĂƐĞŽĨĂůů ĚĞůŝǀĞƌLJǀĞŚŝĐůĞƐďLJϵ͗ϮϬWD͕ĚĞůŝǀĞƌLJƐƚĂƚŝŽŶĂƐƐŽĐŝĂƚĞƐƉƌĞƉĂƌĞƚŚĞĚĞůŝǀĞƌLJƐƚĂƚŝŽŶĨŽƌƚŚĞŶĞdžƚĚĂLJ͛Ɛ ƉĂĐŬĂŐĞƐ͘       ŽŶĨŝĚĞŶƚŝĂů  ϯ  WĂƌŬŝŶŐKƉĞƌĂƚŝŽŶƐ^ŝŵŝůĂƌƚŽŵĂůůƐĂŶĚƐŚŽƉƉŝŶŐĐĞŶƚĞƌƐ͕ŵĂnjŽŶĞdžƉĞƌŝĞŶĐĞƐĂƐĞĂƐŽŶĂůƐŚŽƉƉŝŶŐĐĂĚĞŶĐĞǁŝƚŚǀĂƌLJŝŶŐŝŶĐƌĞĂƐĞƐŝŶĚĞŵĂŶĚƚŚĂƚǁĞƌĞĨĞƌƚŽĂƐWĞĂŬ͘dŚĞŚŝŐŚĞƐƚƉĞĂŬŝŶĚĞŵĂŶĚŝƐĚƵƌŝŶŐƚŚĞ,ŽůŝĚĂLJƐƚŽǁĂƌĚƐƚŚĞĞŶĚŽĨƚŚĞLJĞĂƌ͘ŵĂnjŽŶĂůƐŽƐĞĞƐĂŶŝŶĐƌĞĂƐĞŝŶĚĞŵĂŶĚŝŶ:ƵůLJĚƵƌŝŶŐŵĂnjŽŶWƌŝŵĞĂLJ͕ŚŽǁĞǀĞƌ ƚŚŝƐLJĞĂƌ͛ƐŵĂnjŽŶWƌŝŵĞĂLJǁĂƐŵŽǀĞĚƚŽKĐƚŽďĞƌĚƵĞƚŽŽǀŝĚͲϭϵ͘KƵƚƐŝĚĞŽĨƚŚŽƐĞƉĞĂŬƐŝƚǁŝůůďĞ ƌĂƌĞŝĨĂůůƐƉĂĐĞƐĂƌĞŝŶƵƐĞ͕ĂŐĂŝŶƐŝŵŝůĂƌƚŽƚŚĞƉĂƌŬŝŶŐůŽƚƐŽĨůŽĐĂůŵĂůůƐĂŶĚƐŚŽƉƉŝŶŐĐĞŶƚĞƌƐ͘ KƵƌĐƵƌƌĞŶƚĚĞƐŝŐŶĂŶĚƉĂƌŬŝŶŐĨŽƌƚŚŝƐƐŝƚĞƚĂŬĞƐŝŶƚŽĂĐĐŽƵŶƚĂŶLJĂĚĚŝƚŝŽŶĂůƉĂƌŬŝŶŐƚŚĂƚǁŝůůďĞƌĞƋƵŝƌĞĚ ĂƚƚŚĞĨĂĐŝůŝƚLJĚƵƌŝŶŐWĞĂŬĨŽƌďŽƚŚĂƐƐŽĐŝĂƚĞƐĂŶĚĚƌŝǀĞƌƐ͘ŶLJƐƵƌƉůƵƐŝŶsĂŶͬWĞƌƐŽŶĂůWĂƌŬŝŶŐŝƐƌĞƐĞƌǀĞĚ ĨŽƌďĂĐŬƵƉǀĞŚŝĐůĞƐƚŽƌĞƉůĂĐĞĂŶLJǀĞŚŝĐůĞƐƚŚĂƚŵĂLJďĞĐŽŵĞŝŶŽƉĞƌĂďůĞĂŶĚƌĞƋƵŝƌĞŵĂŝŶƚĞŶĂŶĐĞ͘dŚĞ ĂĚĚŝƚŝŽŶĂůƐƵƌƉůƵƐŝƐĨŽƌŐƵĞƐƚƐŝŶĐĂƐĞĂĚĚŝƚŝŽŶĂůǁŽƌŬĞƌƐͬĐŽŶƚƌĂĐƚŽƌƐǁŝůůŶĞĞĚƚŽďĞŽŶƐŝƚĞĨŽƌďƵŝůĚŝŶŐ ŵĂŝŶƚĞŶĂŶĐĞŽƌƌĞƉĂŝƌƐ͘ĂŝůLJƉĂƌŬŝŶŐƵƐĞŝƐŶĞǀĞƌĨŝdžĞĚ͕ďƵƚǁĞĚŽŽƵƌďĞƐƚƚŽŵĂŬĞƌĞĂƐŽŶĂďůĞĞƐƚŝŵĂƚĞƐ ƚŚĂƚĂůůŽǁŵĂnjŽŶƚŽĚĞǀĞůŽƉĂƐĂĨĞĂŶĚƐĞůĨͲĐŽŶƚĂŝŶĞĚŽƉĞƌĂƚŝŽŶ ǁŝƚŚ ƐƵĨĨŝĐŝĞŶƚ ƉĂƌŬŝŶŐ ƚŽ ŵĞĞƚ ĨůƵĐƚƵĂƚŝŶŐŶĞĞĚƐ͘ ĚĚŝƚŝŽŶĂůŵĞĂƐƵƌĞƐƚŽƌĞĚƵĐĞƚŚĞŶƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐŶĞĞĚĞĚĨŽƌƚŚŝƐƐŝƚĞŚĂǀĞďĞĞŶƚĂŬĞŶďLJƚŚĞ ĚĞƐŝŐŶƚĞĂŵ͘/ŶƚŚĞĚĞƐŝŐŶŵĂnjŽŶŚĂƐŝŶĐůƵĚĞĚĂĚĞƐŝŐŶĂƚĞĚĚƌŽƉŽĨĨͬƉŝĐŬƵƉǁŝƚŚĂƐŝĚĞǁĂůŬƌƵŶŶŝŶŐ ĨƌŽŵ >ĞdžŝŶŐƚŽŶ ƚŽ ďƵŝůĚŝŶŐ͘ dŚŝƐ ĚƌŽƉ ŽĨĨͬƉŝĐŬƵƉ ĂƌĞĂ ŝƐ ŝŶƚĞŶĚĞĚ ƚŽ ďĞ ƵƐĞĚ ďLJ ƉĞƌƐŽŶĂů ǀĞŚŝĐůĞƐ ĐĂƌƉŽŽůŝŶŐ͕ ƌŝĚĞƐŚĂƌŝŶŐ ƐĞƌǀŝĐĞƐ͕ ĂŶĚ ƚŚĞ DŝŶŶĞƐŽƚĂ sĂůůĞLJ dƌĂŶƐŝƚ ƵƚŚŽƌŝƚLJ ďƵƐƐĞƐ ƚŚĂƚ ƌƵŶ ĂůŽŶŐ >ĞdžŝŶŐƚŽŶǀĞŶƵĞ͘EŽƚŽŶůLJǁŝůůƚŚŝƐŚĞůƉƌĞĚƵĐĞƚŚĞŶƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐŶĞĞĚĞĚ͕ŝƚǁŝůůŚĞůƉŝŶĐƌĞĂƐĞ ĂĐĐĞƐƐŝďŝůŝƚLJƚŽ ŵĞŵďĞƌƐŽĨ ƚŚĞ ŝŵŵĞĚŝĂƚĞ ĂŶĚƐƵƌƌŽƵŶĚŝŶŐ ĐŽŵŵƵŶŝƚŝĞƐ͘  ƐŝĚĞǁĂůŬ ƌƵŶŶŝŶŐ ĨƌŽŵ >ĞdžŝŶŐƚŽŶǀĞŶƵĞƚŽƚŚĞĨĂĐŝůŝƚLJŚĂƐďĞĞŶĂĚĚĞĚƚŽƚŚĞĚĞƐŝŐŶƚŽŚĞůƉƉƌŽǀŝĚĞƚŚĞƐĂĨĞƐƚƉĂƚŚƚŽƚŚĞƐŝƚĞ͕ ďLJŵĂŬŝŶŐĂŚŝŐŚůLJǀŝƐŝďůĞƉĂƚŚƚŚĂƚŚĂƐƚŚĞůĞĂƐƚƉĂƌŬŝŶŐĂŝƐůĞĐƌŽƐƐŝŶŐƐƉŽƐƐŝďůĞ͘ ŵĂnjŽŶŝƐƚƌŝďƵƚŝŽŶ^ƚĂƚŝŽŶƉĂƌŬŝŶŐŝƐĐƵƌƌĞŶƚůLJĚŝǀŝĚĞĚŝŶƚŽƚǁŽĚĞƐŝŐŶĂƚŝŽŶƐ͘&ŝƌƐƚĚĞƐŝŐŶĂƚŝŽŶŝƐƵƚŽ WĂƌŬŝŶŐ͕ƐƉĂĐĞƐǁŝƚŚŝŶƚŚŝƐĂƌĞĂĂƌĞĚĞƐŝŐŶĂƚĞĚĨŽƌŵĂnjŽŶƐƚĂĨĨƚŚĂƚǁŝůůǁŽƌŬǁŝƚŚŝŶƚŚĞĨĂĐŝůŝƚLJǁŝƚŚ ƐŽŵĞƌĞƐĞƌǀĞĚĨŽƌWĞĂŬĚƌŝǀĞƌƐ͘/ŶƚŚŝƐĚĞƐŝŐŶĂƚŝŽŶǁĞĞdžƉĞĐƚƚŽƐĞĞĂŵĂdžŝŵƵŵŽĨϴϴĂƐƐŽĐŝĂƚĞƐŽŶƐŝƚĞ ĚƵƌŝŶŐĚĂŝůLJŽƉĞƌĂƚŝŽŶƐ͘^ĞĐŽŶĚĚĞƐŝŐŶĂƚŝŽŶŝƐsĂŶWĂƌŬŝŶŐ͕ƐƉĂĐĞƐǁŝƚŚŝŶƚŚŝƐĂƌĞĂĂƌĞĚĞƐŝŐŶĂƚĞĚĨŽƌǀĂŶƐ ĂŶĚǀĂŶĚƌŝǀĞƌƐ͛ƉĞƌƐŽŶĂůǀĞŚŝĐůĞƐ͘/ŶƚŚŝƐĚĞƐŝŐŶĂƚŝŽŶǁĞĞdžƉĞĐƚƚŽƐĞĞĂŵĂdžŝŵƵŵŽĨϭϲϯĚƌŝǀĞƌƐĚƵƌŝŶŐ ĚĂŝůLJŽƉĞƌĂƚŝŽŶƐ͘ /ŶƉƌĞǀŝŽƵƐĚĞƐŝŐŶƐƵƐĞĚƚŽƌĞĚƵĐĞƚŚĞŶƵŵďĞƌŽĨƐƉĂĐĞƐƌĞƋƵŝƌĞĚĂƚƐŝƚĞƚŚĞƌĞǁŽƵůĚďĞŽŶĞǀĂŶƉĂƌŬŝŶŐ ƐƉĂĐĞĨŽƌĞǀĞƌLJĚƌŝǀĞƌ;ϭƐƉĂĐĞ͗ϭĚƌŝǀĞƌͿ͘dŚŝƐƉĂƌŬŝŶŐƐƉĂĐĞƌĞĚƵĐŝŶŐĚĞƐŝŐŶǁŽƵůĚƌĞƋƵŝƌĞĚƌŝǀĞƌƐƚŽĞdžŝƚ ƚŚĞŝƌƉĞƌƐŽŶĂůǀĞŚŝĐůĞŝŶƚŚĞƉĂƌŬŝŶŐĂŝƐůĞ͕ŵŽǀĞƚŚĞǀĂŶĨƌŽŵƚŚĞƉĂƌŬŝŶŐƐƉĂĐĞŝŶƚŽƚŚĞƉĂƌŬŝŶŐĂŝƐůĞ͕ĂŶĚ ĞdžŝƚƚŚĞǀĂŶƚŽŵŽǀĞƚŚĞŝƌƉĞƌƐŽŶĂůǀĞŚŝĐůĞŝŶƚŽƚŚĞǀĂŶ͛ƐƉĂƌŬ ŝŶŐƐƉĂĐĞ͘&ŽƌƐĂĨĞƚLJƚŚŝƐĚĞƐŝŐŶǁĂƐĐŚĂŶŐĞĚ ƚŽůŝŵŝƚƚŚĞŶƵŵďĞƌŽĨƚŝŵĞƐĂĚƌŝǀĞƌǁŽƵůĚĞdžŝƚĂǀĞŚŝĐůĞŝŶƚŽƚŚĞƉĂƌŬŝŶŐĂŝƐůĞ͘/ŶƚŚĞĐƵƌƌĞŶƚsĂŶWĂƌŬŝŶŐ ĚĞƐŝŐŶĚƌŝǀĞƌƐǁŝůůĂƌƌŝǀĞŽŶƐŝƚĞĂŶĚƉĂƌŬƚŚĞŝƌƉĞƌƐŽŶĂůǀĞŚŝĐůĞĂŶĚŐŽĚŝƌĞĐƚůLJƚŽƚŚĞŝƌĂƐƐŝŐŶĞĚǀĂŶĨŽƌ ƚŚĞĚĂLJϮ͗ƐƉĂĐĞƐ͗ϭĚƌŝǀĞƌͿ͘dŚŝƐĚĞƐŝŐŶůŝŵŝƚƐƚŚĞŶƵŵďĞƌŽĨƚŝŵĞƐĂĚƌŝǀĞƌǁŝůůŚĂǀĞƚŽĞdžŝƚĂǀĞŚŝĐůĞŝŶƚŽ ƚŚĞƉĂƌŬŝŶŐĂŝƐůĞ͘    ŽŶĨŝĚĞŶƚŝĂů  ϰ  /d/KE>/E&KZDd/KEϭ͘,ŽǁƵƐŝŶĞƐƐtŝůůKƉĞƌĂƚĞ Ă͘ĞůŝǀĞƌLJsĂŶƐ ŝ͘ĞůŝǀĞƌŝĞƐƚĂŬĞƉůĂĐĞďĞƚǁĞĞŶϭϭ͗ϬϬDĂŶĚϵ͗ϬϬWD ŝŝ͘>ĞĂǀĞ͗ĞůŝǀĞƌLJsĂŶƐƐƚĂƌƚůĞĂǀŝŶŐĂƚϭϬ͗ϭϬDĂŶĚůĞĂǀĞĞǀĞƌLJϮϬŵŝŶƵƚĞƐ ϭ͘ĞůŝǀĞƌLJƌŽƵƚĞƐĂƌĞϴƚŽϭϬŚŽƵƌƐ ŝŝŝ͘ZĞƚƵƌŶ͗ĞůŝǀĞƌLJsĂŶƐƌĞƚƵƌŶďĞƚǁĞĞŶϳ͗ϭϬWDĂŶĚϴ͗ϱϬWD ď͘>ŝŶĞŚĂƵůƐďĞƚǁĞĞŶϭϬ͗ϬϬWDĂŶĚϴ͗ϬϬD ŝ͘ĞůŝǀĞƌĨŽƌϴƚŽϭϬŚŽƵƌƐ Đ͘EƵŵďĞƌŽĨ^ŚŝĨƚƐĂŶĚŵƉůŽLJĞĞƐWĞƌ^ŚŝĨƚ ŝ͘ϭƐƚʹϳϮƐƐŽĐŝĂƚĞƐ;Ϯ͗ϬϬDʹϭϮ͗ϯϬWDͿ ŝŝ͘ϮŶĚʹϮϮƐƐŽĐŝĂƚĞƐ;ϲ͗ϬϬDʹϮ͗ϯϬWDͿ ŝŝŝ͘ϯƌĚʹϮϮƐƐŽĐŝĂƚĞƐ;ϭ͗ϯϬWDʹϭϬ͗ϬϬWDͿ ŝǀ͘W&^ʹϭϳƐƐŽĐŝĂƚĞƐ;Ϯ͗ϬϬWDʹϲ͗ϬϬWDͿ ǀ͘Zd^^ŚŝĨƚʹϰƐƐŽĐŝĂƚĞƐ;ϭϮ͗ϬϬWDʹϭϬ͗ϯϬWDͿ ǀŝ͘ƌŝǀĞƌƐʹϭϲϯƌŝǀĞƌƐ;ϵ͗ϮϬDʹϵ͗ϭϬWDͿ Ě͘EƵŵďĞƌŽĨ>ŝŶĞ,ĂƵůƐ ŝ͘ϭϰ Ğ͘EƵŵďĞƌŽĨsĂŶƐ ŝ͘ϭϲϯ     ŽŶĨŝĚĞŶƚŝĂů  ϱ  KE/d/KE>h^WZD/dŽŶĚŝƚŝŽŶĂůhƐĞWĞƌŵŝƚ͗ ŝƚLJŽĚĞŚĂƉƚĞƌϭϭ͕^ĞĐƚŝŽŶϭϭ͘ϱϬ͕^ƵďĚŝǀŝƐŝŽŶƐϰĂŶĚϰƉƌŽǀŝĚĞƚŚĞĨŽůůŽǁŝŶŐ͘ ^ƵďĚŝǀŝƐŝŽŶϰƐƚĂƚĞƐƚŚĂƚƚŚĞWůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶƐŚĂůůƌĞĐŽŵŵĞŶĚĂĐŽŶĚŝƚŝŽŶĂůƵƐĞƉĞƌŵŝƚĂŶĚƚŚĞ ŽƵŶĐŝůƐŚĂůůŝƐƐƵĞƐƵĐŚĐŽŶĚŝƚŝŽŶĂůƵƐĞƉĞƌŵŝƚƐŽŶůLJŝĨŝƚĨŝŶĚƐƚŚĂƚƐƵĐŚƵƐĞĂƚƚŚĞƉƌŽƉŽƐĞĚůŽĐĂƚŝŽŶ͗   ϭ͘tŝůůŶŽƚďĞĚĞƚƌŝŵĞŶƚĂůƚŽŽƌĞŶĚĂŶŐĞƌƚŚĞƉƵďůŝĐŚĞĂůƚŚ͕ƐĂĨĞƚLJ͕ŽƌŐĞŶĞƌĂůǁĞůĨĂƌĞŽĨƚŚĞ ŶĞŝŐŚďŽƌŚŽŽĚŽƌƚŚĞŝƚLJ͘ Ă͘^ĂĨĞƚLJŝƐŵĂnjŽŶ͛ƐƚŽƉƉƌŝŽƌŝƚLJ͕ŝŶŽƵƌĚĞƐŝŐŶĂŶĚŽƉĞƌĂƚŝŽŶƐǁĞƚĂŬĞĂůůŶĞĐĞƐƐĂƌLJ ŵĞĂƐƵƌĞƐƚŽŵĂŬĞƐƵƌĞƚŚĞĞŵƉůŽLJĞĞƐĂŶĚĐŽŵŵƵŶŝƚLJĂƌĞĂƐƐĂĨĞĂƐƚŚĞLJǁŽƵůĚŝĨƚŚĞ ĨĂĐŝůŝƚLJǁĞƌĞŶŽƚƚŚĞƌĞ͘tŚĞƌĞƚŚĞƌĞĂƌĞŝŶŚĞƌĞŶƚƌŝƐŬƐǁŝƚŚƚŚĞŽƉĞƌĂƚŝŽŶǁĞŝĚĞŶƚŝĨLJ ƚŚŽƐĞƌŝƐŬƐĂŶĚƚĂŬĞƐƚĞƉƐƚŽŵŝƚŝŐĂƚĞƚŚĞŵĂƐďĞƐƚĂƐƉŽƐƐŝďůĞ͘dŚŝƐŝƐŵŽƐƚĂƉƉĂƌĞŶƚŝŶ ŽƵƌƉĂƌŬŝŶŐŽƉĞƌĂƚŝŽŶƐĂŶĚĚĞƐŝŐŶƐĂƐŵĞŶƚŝŽŶĞĚĂďŽǀĞ͘/ƚŝƐůĞƐƐǀŝƐŝďůĞƚŽƚŚĞƉƵďůŝĐŝŶ ŽƵƌƌĞƐƉŽŶƐĞƚŽŽǀŝĚͲϭϵ͘ŵĂnjŽŶŚĂƐŝŵƉůĞŵĞŶƚĞĚϭϱϬŶĞǁƉƌŽĐĞƐƐĞƐ͕ƉƌŽǀŝĚĞĚ ƉĞƌƐŽŶĂůƉƌŽƚĞĐƚŝǀĞŐĞĂƌƚŽĂůůĞŵƉůŽLJĞĞƐ͕ŝŵƉůĞŵĞŶƚĞĚĚŝƐŝŶĨĞĐƚĂŶƚƐƉƌĂLJŝŶŐ͕ ƚĞŵƉĞƌĂƚƵƌĞĐŚĞĐŬƐ͕ĂŶĚŽǀŝĚͲϭϵƌĂƉŝĚƚĞƐƚŝŶŐĂƚĂůůŽĨŽƵƌĨĂĐŝůŝƚŝĞƐ͘ Ϯ͘tŝůůďĞŚĂƌŵŽŶŝŽƵƐǁŝƚŚƚŚĞŐĞŶĞƌĂůĂŶĚĂƉƉůŝĐĂďůĞƐƉĞĐŝĨŝĐŽďũĞĐƚŝǀĞƐŽĨƚŚĞŽŵƉƌĞŚĞŶƐŝǀĞ WůĂŶĂŶĚŝƚLJŽĚĞƉƌŽǀŝƐŝŽŶƐ͘ Ă͘zĞƐ͕ƚŚĞƉƌŽƉŽƐĞĚůŽĐĂƚŝŽŶŝƐnjŽŶĞĚ>ͲϭĂŶĚŝƐƐƵƌƌŽƵŶĚĞĚďLJ>ͲϭnjŽŶĞĚƉĂƌĐĞůƐƚŚĂƚŚĂǀĞ ůŝŬĞŽƌƐŝŵŝůĂƌƵƐĞƐĨŽƌůŽŐŝƐƚŝĐƐ͘ŝƌĞĐƚůLJƚŽƚŚĞtĞƐƚƚŚĞƌĞŝƐh^W^͕ƚŽƚŚĞ^ŽƵƚŚƚŚĞƌĞŝƐ ĂƌĂƚĞĂŶĚĂƌƌĞůtĂƌĞŚŽƵƐĞƵƐĞĚĨŽƌƐŚŝƉƉŝŶŐƉƌŽĚƵĐƚƐ͕,>ƚŽƚŚĞEŽƌƚŚĞĂƐƚ͕ >ŽŐŝƐƚŝĐƐ^ĞƌǀŝĐĞƐ͕/ŶĐ͘ƚŽƚŚĞĂƐƚĂŶĚŵŽƌĞƚŚĂƚǁŽƵůĚŝŶĚŝĐĂƚĞĂŶŵĂnjŽŶŝƐƚƌŝďƵƚŝŽŶ ^ƚĂƚŝŽŶǁŽƵůĚďĞŚĂƌŵŽŶŝŽƵƐǁŝƚŚƚŚĞŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶĂŶĚŝƚLJŽĚĞƉƌŽǀŝƐŝŽŶƐ͘ ď͘ ϯ͘tŝůůďĞĚĞƐŝŐŶĞĚ͕ĐŽŶƐƚƌƵĐƚĞĚ͕ŽƉĞƌĂƚĞĚĂŶĚŵĂŝŶƚĂŝŶĞĚƐŽĂƐƚŽďĞĐŽŵƉĂƚŝďůĞŝŶĂƉƉĞĂƌĂŶĐĞ ǁŝƚŚƚŚĞĞdžŝƐƚŝŶŐŽƌŝŶƚĞŶĚĞĚĐŚĂƌĂĐƚĞƌŽĨƚŚĞŐĞŶĞƌĂůǀŝĐŝŶŝƚLJĂŶĚǁŝůůŶŽƚĐŚĂŶŐĞƚŚĞĞƐƐĞŶƚŝĂů ĐŚĂƌĂĐƚĞƌŽĨƚŚĂƚĂƌĞĂ͕ŶŽƌƐƵďƐƚĂŶƚŝĂůůLJĚŝŵŝŶŝƐŚŽƌŝŵƉĂŝƌƉƌŽƉĞƌƚLJǀĂůƵĞƐǁŝƚŚŝŶƚŚĞ ŶĞŝŐŚďŽƌŚŽŽĚ͘  ŽŶĨŝĚĞŶƚŝĂů  ϲ  Ă͘dŚĞĚĞƐŝŐŶŝƐƐŝŵŝůĂƌƚŽŵĂŶLJŽĨƚŚĞƐƵƌƌŽƵŶĚŝŶŐůŽŐŝƐƚŝĐƐŽƉĞƌĂƚŝŽŶƐǁŚŝĐŚƵƐĞĐŽŵŵŽŶĐŽŵŵĞƌĐŝĂůŝŶĚƵƐƚƌŝĂůĚĞƐŝŐŶĞůĞŵĞŶƚƐ͘dŚĞƐĞĚĞƐŝŐŶĞůĞŵĞŶƚƐĐŽŶƐŝƐƚŽĨŵŽĚƵůĂƌƉƌĞĨĂďĐŽŶĐƌĞƚĞ͕ŚŝŐŚǁĂůůƐ͕ĚŽĐŬĚŽŽƌƐŽŶŽŶĞƐŝĚĞ͕ĂŶĚŵĂŝŶĞŶƚƌĂŶĐĞ͘dŚĞƉĂƌŬŝŶŐůŽƚŝƐŶŽƚĚŝƐƐŝŵŝůĂƌƚŽƚŚĞŶĞŝŐŚďŽƌŝŶŐƉƌŽƉĞƌƚŝĞƐ͕ĂŶĚŵĞĞƚƐƚŚĞĐƵƌƌĞŶƚůĂŶĚƐĐĂƉŝŶŐƌĞƋƵŝƌĞŵĞŶƚƐƉƌĞƐĞŶƚĞĚďLJƚŚĞŝƚLJŽĨĂŐĂŶ͘ůůŽƚŚĞƌĚĞƐŝŐŶĐŽŵŵĞŶƚƐŚĂǀĞďĞĞŶ ƚĂŬĞŶŝŶƚŽĐŽŶƐŝĚĞƌĂƚŝŽŶĂŶĚĂƉƉůŝĞĚƚŽƚŚĞĐƵƌƌĞŶƚĚĞƐŝŐŶĂƐƌĞƋƵĞƐƚĞĚ͘ ϰ͘tŝůůďĞƐĞƌǀĞĚĂĚĞƋƵĂƚĞůLJďLJĞƐƐĞŶƚŝĂůƉƵďůŝĐĨĂĐŝůŝƚŝĞƐĂŶĚƐĞƌǀŝĐĞƐ͕ŝŶĐůƵĚŝŶŐƐƚƌĞĞƚƐ͕ƉŽůŝĐĞĂŶĚ ĨŝƌĞƉƌŽƚĞĐƚŝŽŶ͕ĚƌĂŝŶĂŐĞƐƚƌƵĐƚƵƌĞƐ͕ƌĞĨƵƐĞĚŝƐƉŽƐĂů͕ǁĂƚĞƌĂŶĚƐĞǁĞƌƐLJƐƚĞŵƐĂŶĚƐĐŚŽŽůƐ͘ Ă͘zĞƐ͕ƚŚĞĐƵƌƌĞŶƚĚĞƐŝŐŶŝƐƐĞƌǀĞĚĂĚĞƋƵĂƚĞůLJďLJƚŚĞĞƐƐĞŶƚŝĂůƉƵďůŝĐĨĂĐŝůŝƚŝĞƐĂŶĚƐĞƌǀŝĐĞƐ ƉƌŽǀŝĚĞĚďLJƚŚĞĂƌĞĂ͘ ϱ͘tŝůůŶŽƚŝŶǀŽůǀĞƵƐĞƐ͕ĂĐƚŝǀŝƚŝĞƐ͕ƉƌŽĐĞƐƐĞƐ͕ŵĂƚĞƌŝĂůƐ͕ĞƋƵŝƉŵĞŶƚĂŶĚĐŽŶĚŝƚŝŽŶƐŽĨŽƉĞƌĂƚŝŽŶ ƚŚĂƚǁŝůůďĞŚĂnjĂƌĚŽƵƐŽƌĚĞƚƌŝŵĞŶƚĂůƚŽĂŶLJƉĞƌƐŽŶƐ͕ƉƌŽƉĞƌƚLJŽƌƚŚĞŐĞŶĞƌĂůǁĞůĨĂƌĞďĞĐĂƵƐĞŽĨ ĞdžĐĞƐƐŝǀĞƉƌŽĚƵĐƚŝŽŶŽĨƚƌĂĨĨŝĐ͕ŶŽŝƐĞ͕ƐŵŽŬĞ͕ĨƵŵĞƐ͕ŐůĂƌĞŽƌŽĚŽƌƐ͘ 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The martial arts studio is classified as a “health and fitness club”, a use allowed under BP zoning through review and approval of a conditional use permit. The use is new to the site and requires City Council approval. Let me know if that answers your question. 2. A. This is a conditional use permit request for outdoor storage, which some of the information may be satisfied at time of building permit. Regarding the applicant’s information. The development plan set references an incorrect minimum of “30%” when the I-1 minimum is 25%. A lighting plan and photometric plan is provided, but is missing a data table providing the “lighting average” across the parking fields of the site. The lighting appears to meet City Code standards but additional information is requested at time of building permit. Building materials for the building were reviewed during the prior CUP, besides a few exterior modifications to either close off existing garage doors or open new ones (on the north end of the building), no changes are being made. Signage is not usually included with a CUP request, in this case the applicant included a full set of plans that may not have been fully necessary for their requestion. The applicant will be required to submit a full sign plan and will be restricted to regulations of the Sign Code. The City Attorney may remind the Commission to review the outdoor storage request on the basis of the review criteria listed within the Staff report. B. This is a new site for Amazon, the site on Beverly Drive would continue to operate in its current capacity. They location at Spectrum Commerce Center (across from Costco) only involved a “Logistics Center” and storage of vans within the parking structure itself, which drivers park personal vehicles and drive Amazon vans across to the Beverly site. City Council recently determined that the “Logistic Center” had a sufficient relationship to the storage of the Amazon vans as long as the vans were parked inside and not storage outside, as prohibited within the Business Park zoning district. Let me know if the above responses have answered your questions or if additional clarification is necessary. See you tomorrow night. Mike 2 Mike Schultz City Planner 3830 Pilot Knob Rd | Eagan, MN 55122 Office: 651-675-5650 Main: 651-675-5685 Email: mschultz@cityofeagan.com https://www.cityofeagan.com From: Vanderpoel, Jane <Jane.Vanderpoel@CO.DAKOTA.MN.US> Sent: Monday, January 25, 2021 7:29 PM To: Mike Schultz <mschultz@cityofeagan.com>; Bruce Goff <10begoff18@gmail.com>; Carol Whisnant <csw.in.eagan@gmail.com>; Charles Francis <charlesdfrancis3@gmail.com>; Christos Jensen <christosrj@gmail.com>; Daniel Sagstetter <daniel_sagstetter@hotmail.com>; Kim Heckmann <kim.heckmann@yahoo.com>; Rachel Barth <thurl8875@gmail.com> Cc: Sarah Thomas <SThomas@cityofeagan.com> Subject: RE: January 26 APC meeting Hello Mike and Sarah! I have a couple of questions for tomorrow’s meeting. 1. For the martial arts CUP – I just want to be sure the reason this is before us is that this not an approved use for the BP Zoning? 2. Regarding the Amazon item – a. There are several incomplete items in the bulk standards that we will not know about when we vote on this item, because they weren’t ready or were not included for some other reason: green space, lighting, signage (content), building materials. Why are we seeing an incomplete application? Is there a timing issue with this – I am wondering why we have to act on this now, instead of waiting until the necessary information is complete. b. is this new location for an Amazon facility intended to help alleviate the traffic and crowding in the facility that’s on Lexington/Hwy 55 across from Costco, and their others in the same neighborhood? Thanks! From: Mike Schultz <mschultz@cityofeagan.com> Sent: Thursday, January 21, 2021 8:42 AM To: Bruce Goff <10begoff18@gmail.com>; Carol Whisnant <csw.in.eagan@gmail.com>; Charles Francis <charlesdfrancis3@gmail.com>; Christos Jensen <christosrj@gmail.com>; Daniel Sagstetter <daniel_sagstetter@hotmail.com>; Vanderpoel, Jane <Jane.Vanderpoel@CO.DAKOTA.MN.US>; Kim Heckmann <kim.heckmann@yahoo.com>; Rachel Barth <thurl8875@gmail.com> Cc: Pam Dudziak <pdudziak@cityofeagan.com>; Sarah Thomas <SThomas@cityofeagan.com>; Jill Hutmacher <jhutmacher@cityofeagan.com>; Robert Bauer <rbauer@dmshb.com> Subject: January 26 APC meeting WARNING: External email. Please verify sender before opening attachments or clicking on links. 1 Mike Schultz From:Mike Schultz Sent:Tuesday, January 26, 2021 1:24 PM To:'Carol Whisnant' Cc:Vanderpoel, Jane; Bruce Goff; Charles Francis; Christos Jensen; Daniel Sagstetter; Kim Heckmann; Rachel Barth; Sarah Thomas Subject:RE: January 26 APC meeting - Carol W Commissioner Whisnant (and Commissioners) – The 2019 CUP noted that the applicant was anticipating the need for outdoor storage since the building was designed to accommodate “today’s industrial tenants”, see below for excerpts from the staff report. The building was completed around the fall of 20 20, no tenants have occupied the space since completion of the building. Description of Proposal - The applicant proposes to eventually raze the existing building and construct a new 205,920 square foot office/warehouse building that would also accommodate up to 43 tractor trailers through the approval of a conditional use permit. Based on the applicant’s narrative, the new building is intended to meet the requirements of today’s industrial tenants. The outdoor storage for the 43 tractor trailers is proposed on the eastern portion of the site, or the rear portion of the proposed building, meeting required outdoor storage standards. The eastern portion of the site would be screened by the proposed building and away from Lexington Avenue. The proposed outdoor storage would allow up to 43 semi-trucks and trailers; this does not include semi-trucks and trailers that are docked for loading and unloading. The site plan (or narrative) did not include any other items or materials as part of this application because tenants for the building are not known at this time. For full staff report click on this link: https://eagan.granicus.com/MetaViewer.php?view_id=8&clip_id=1992&meta_id=102633 Mike Mike Schultz City Planner 3830 Pilot Knob Rd | Eagan, MN 55122 Office: 651-675-5650 Main: 651-675-5685 Email: mschultz@cityofeagan.com https://www.cityofeagan.com From: Carol Whisnant <csw.in.eagan@gmail.com> Sent: Tuesday, January 26, 2021 10:53 AM To: Mike Schultz <mschultz@cityofeagan.com> Cc: Vanderpoel, Jane <Jane.Vanderpoel@co.dakota.mn.us>; Bruce Goff <10begoff18@gmail.com>; Charles Francis <charlesdfrancis3@gmail.com>; Christos Jensen <christosrj@gmail.com>; Daniel Sagstetter <daniel_sagstetter@hotmail.com>; Kim Heckmann <kim.heckmann@yahoo.com>; Rachel Barth <thurl8875@gmail.com>; Sarah Thomas <SThomas@cityofeagan.com> Subject: Re: January 26 APC meeting Hi Mike: 2 I have a question about the Lexington Logistics proposal.. In the background section you stated that the building located at 3130 Lexington and was constructed in 2020 currently has no tenants. I vaguely recall when the proposal for the construction of the building on that property came before the APC in 2019. I thought there was a proposed business for that property when the APC approved the proposal for the construction of the building. Can you share what happened to that business and why this building has no tenants so soon after being constructed? Thanks, Carol Whisnant On Mon, Jan 25, 2021 at 8:06 PM Mike Schultz <mschultz@cityofeagan.com> wrote: Jane – see below responses: 1. The martial arts studio is classified as a “health and fitness club”, a use allowed under BP zoning through review and approval of a conditional use permit. The use is new to the site and requires City Council approval. Let me know if that answers your question. 2. A. This is a conditional use permit request for outdoor storage, which some of the information may be satisfied at time of building permit. Regarding the applicant’s information. The development plan set references an incorrect minimum of “30%” when the I-1 minimum is 25%. A lighting plan and photometric plan is provided, but is missing a data table providing the “lighting average” across the parking fields of the site. The lighting appears to meet City Code standards but additional information is requested at time of building permit. Building materials for the building were reviewed during the prior CUP, besides a few exterior modifications to either close off existing garage doors or open new ones (on the north end of the building), no changes are being made. Signage is not usually included with a CUP request, in this case the applicant included a full set of plans that may not have been fully necessary for their requestion. The applicant will be required to submit a full sign plan and will be restricted to regulations of the Sign Code. The City Attorney may remind the Commission to review the outdoor storage request on the basis of the review criteria listed within the Staff report. B. This is a new site for Amazon, the site on Beverly Drive would continue to operate in its current capacity. They location at Spectrum Commerce Center (across from Costco) only involved a “Logistics Center” and storage of vans within the parking structure itself, which drivers park personal vehicles and drive Amazon vans across to the Beverly site. City Council recently determined that the “Logistic Center” had a sufficient relationship to the storage of the Amazon vans as long as the vans were parked inside and not storage outside, as prohibited within the Business Park zoning district. City Council Meeting Minutes  February 2, 2021  4 page   Conditional Use Permit    City Administrator Osberg introduced the item noting the Council is being asked to consider a  Conditional Use Permit for outdoor storage and overnight parking of delivery vans located at 3130  Lexington Avenue in addition to the adjacent site, 1045 Gemini Road.    City Planner Schultz gave a staff report and provided a site map.    Christopher Silas, applicant, was available for questions.    Mayor Maguire opened the public comment.  There being no public comment, he turned the discussion  back to the Council.    The Council discussed the item.  Councilmember Bakken noted concern regarding a tax base loss from  the building being razed, regraded and paved. There was discussion regarding a partial payment in lieu  of taxes and if the applicant would consider this option. The applicant noted they would likely oppose  additional fees noting the project would bring other benefits to the city. After further discussion, all  agreed to continue the item to the March 2, 2021 regular City Council meeting.  It was also determined a  Finance Committee meeting should be scheduled for further discussion.    Caller Spencer, WPT REIT Industrial, property owner and representative of applicant, addressed the  Council noting the CUP needs a replat of the combined properties in order to make this request work.    Councilmember Fields moved, Councilmember Supina seconded a motion to continue the Conditional  Use Permit for outdoor storage and overnight parking of delivery vans located at Lot 1, Block 1,  Lexington Logistics Center and Lot 1, Block 1, Aerospace Investments Industrial Park to the March 2,  2021 regular City Council meeting.  Aye: 5 Nay: 0 (Roll Call)    LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE    There was no legislative/intergovernmental affairs update.    ADMINISTRATIVE AGENDA    CITY COUNCIL    Councilmember Hansen noted the Dakota County Board took action to withdraw from Minnesota Valley  Transit Authority Joint Powers Agreement (on a 4‐3 vote), ending a 9‐year relationship with MVTA and  removing the County from membership on the MVTA Board.  The Commissioners voting to withdraw  indicated that they don’t view this as a step back in their transit involvement and desire for more  collaboration in transit planning in the future. They spoke of the goal being neutral regarding transit  providers, pointing out that MVTA and Metro Transit both serve Dakota County in addition to other  available services, and the County is not involved in the governance of any of these other services.   Hansen noted he tried to make the point that it is appropriate and mutually beneficial for the County to  have a seat at the table as a policy maker in regional transit decisions rather than simply as a  stakeholder and suggested that withdrawing from active participation in MVTA would send the wrong  message regarding the County’s commitment of public transit. He asserted that the best way for the  County to help ensure that its residents and businesses have access to efficient quality transit is to  Agenda Information Memo March 2, 2021, Eagan City Council Meeting NEW BUSINESS A. Interim Use Permit – 1683 Skywood Lane Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) an Interim Use Permit to allow the temporary use of a 157-foot monopole with antenna, upon property located at 1683 Skywood Lane, legally described as Outlot I, Oakbrooke Addition subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Required Vote For Approval:  Majority of Councilmembers present Facts:  The subject property is a City-owned parcel containing the Deerwood water reservoir, constructed in 1996. The parcel is 1.81 acres and is landlocked as it does not abut City right-of-way.  The City requested a variance to setback requirements when the 83-foot high reservoir was initially proposed. The variance request was evaluated assuming PF, Public Facilities zoning, but the property was not rezoned until 1998 when it was included with the Oakbrooke Planned Development (PD) and Subdivision plat.  The City is converting its water meter reading to Automated Metering Infrastructure (AMI), as walk-by services are scheduled to end on December 31, 2021.  The temporary placement of the monopole and antenna is to serve as a testing period for the implementation of the new meter reading system of residential properties.  Included in the packet is a December 30, 2020 summary memo to the Public Works Committee outlining the City’s conversion to the AMI system and future placement of monopoles and antenna.  The proposed tower and antenna will consist of a 170-foot steel monopole. The pole will be buried to a depth of 29 feet for support and 141 feet of the monopole will be above grade. A single antenna will be mounted atop the monopole for a total height of 157 feet.  The monopole structure will be set southeast of the reservoir. City Code limits monopoles to 60 feet in height within residential zoning districts (including residential Planned Developments). Required setbacks are based on those required for accessory structures, or five feet off the side and rear property lines. In addition, the minimum distance of the monopole to the nearest residential home must be equal the permissible tower height. The tower height (excluding the antenna) requires a 141-foot setback, the proposed setback is approximately 125 feet. (City Code has differing performance standards for towers based on residential and non-residential use districts).  The consideration of an Interim Use Permit (IUP) application was recommended due to the need for a three-year testing period. If testing is successful, a Conditional Use Permit and/or Variances will be required prior to installation of a permanent monopole and antenna either at this or a different location.  The proposal appears to be compatible with the surrounding area save the proximity of the one residential home within the 141-foot height of the monopole.  A public hearing was held at the February 23, 2021 Advisory Planning Commission meeting and the APC did recommended approval on a 6 - 0 vote. Issues: None 60-Day Agency Action Deadline: March 28, 2021 Attachments: (4) NBA-1 Location Map NBA-2 Draft February 23, 2021 APC Minutes NBA-3 Planning Report NBA-4 Exhibits PADDOCK CT C.S.A.H.NO.30 (DIFFLEY ROAD)LANEHALITEPINTAIL CTROCKYLNB L A C K H A WKRDGCIRMEADOWLARKROAD TEALC O V E TACONITE DONEGAL WAYB LACKHAW KBLACKHAWKROADRIVERTON AVETURQUOISEPTHEINE CTTHOMASLAKERD.MONTICELLO AVE SIGFRID HEMLOCK CIR PALISADE CR BLACKHAWK LAKE CTM U R P H Y PARKWAY L O DGEPOLED R D EERWOODPLC.S.A.H. NO. 30TURQUOISE CIRWEXFORDWAY JOHNNYCAKERIDGERDC OC H R ANEOA K B R O O KECURVEDRIVEOAKBROOKECIRWOOD DUCK CI RA P PA L O O S A T R CLEM S O N DRIVE COCHRANE AVE BLUESTONEDR EASTSILVER BELL CRBLACKHAWK RDRIVERTON CIR CUTTERS LANE C.S.A.H. NO. 30 (DIFFLEY ROAD)PERIDOTPATHTHOMASLAKERD.KINGS WOODCT JOHNNYCAKERIDGEROADPO NDEROSA CIR OAKBRO O K ELNCLIPPERS ROADHARBOURPT BLACKHAWKLAKEDRLODESTONELN.LNSKYWOODLNDEERWOOD DRIVE CA S H E L L GLEN DAVENPORT AVESERPENTINEDR DON EG AL CT CLE MSONC TOAKBROOKECOURTGALWAY LN O A KB R OOKETERRTURQUOISE TRAILSARTELL AVE GREYSTONERIDGEBLACKHAWKRDBRANT CIRI 35 ECARNELIAN LANE GOLD CT NORTHKINGSW O O D LNBLACKHAWKRIDGEPL T R A MOREPL PAL OMINO TRA IL CANVASBACK LN RIVERTON AVESERPENTINE CRCOUNTR Y CREEKWAYI 35 EPALISADE PT HAWK PL. TRAIL OA K B R O OKEROADCLEMSON CIRCLETACONITE TRAIL FOXRIDGERDCI NNABARDRIVESILVER BELL ROAD NESTLIN G CIR KATHRYN CIR C.S .A.H.NO.30 (DIFFLEY ROAD) ROCKY LANE RIVERT O NAV E BAYLORCTJOHNNYCAKERIDGEROADBLACKHAWKROADAVE DAVENPORT CR OAKBROO K E W A YD E ERW OODDRIVEBLACKHAW K LAKE PLBALSAM AUBUR N CTDEERWOODTRAILWEXFORDCIRBLACKHAWK ROADOAKBRO O K E T RAILPALISADEWAY WENZELAVEHEINE STRASSEDEERWOOD DRIVE J OHNNYCAKEALCOV E LODGEPOLETHOMASLAKERD DEERW O O DPATHBLACKHAWK CR GADWALL CTKIN G S C R EST WO O D G A T E MURPHYP A RKWAY SOUTHMEADO W LARKRDJO H NNYCAKERIDGEROADKINGSWOODROADGABBRO TRAIL PALISADE WAYLODESTONE CIR.TACONITE PTCLEMSON DR WEXF O RDCTCarnelianPark EvergreenPark BlackhawkPark DowningPark HeinePond Park PeridotPathPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Deerwood ReservoirRequest: Interim User PermitFile No.: 21-IN-02-01-21 Subject Site Advisory Planning Commission February 23, 2021 Page 3 of 24 B. Deerwood Reservoir Applicant Name: Jon Eaton, City of Eagan Location: 1683 Skywood Lane; Outlot I, Oakbrooke Application: Interim Use Permit An Interim Use Permit to allow a temporary (proposed 3-year term) to test location for pole/tower and antenna (total height 157 feet) for AMI water meter reading equipment. File Number: 21-IN-02-01-21 City Planner Mike Schultz introduced this item and highlighted the information presented in the City Staff report dated February 12, 2021. Public Works Director Russ Matthys explained the change to service equipment and meter data collection. He explained staff is trying to move as quickly as possible to be ready for the changeover to occur by the end of the year. Member Goff inquired if other sites or co-location opportunities were explored. Mr. Matthys indicated yes, the City has explored multiple smaller antennas at a lower height, and other locations. Utilizing the existing City sites was more expedient and provided more flexibility in implementing the short-term measures. Member Goff asked how long the City has known manual meter reading would stop at the end of 2021. Mr. Matthys indicated City was notified last year that existing methods would be discontinued. City is already using the AMI technology for non-residential customers. Unfortunately, the equipment and services for walk-by service are going away, and the City has limited options. The new technology does include nice features and the City will work to educate residents. Member Jensen inquired about towers and antennas in the residential and non-residential use districts, stating the ordinance requires City Council review of preferred co-location sites before approving a new tower construction. He asked if that step had been done. City Utilities Superintendent Jon Eaton stated only City-owned sites were investigated, co-location would occur on our own [City] property, which included evaluation of parks and public facilities sites. Utilizing City property avoids the City paying rent to locate on another property. Member Jensen quoted paragraph E, subsection 2 [Section 11.70, Subdivision 26] regarding co- location and asked if that had been done. Director Matthys responded that the temporary nature of the pole and cost savings were significant factors in deciding to propose this and the Cliff Booster Station locations. Advisory Planning Commission February 23, 2021 Page 4 of 24 Member Jensen asked if looking at other City property including parks and then selecting these sites to pursue sufficiently addressed the evaluation of colocation opportunities in the City Code. Chair Sagstetter asked on behalf of a resident email [Barbara and David Knudson] whether there will be a red warning light on the tower and whether there would be any electrical interference. Director Matthys stated the tower will not have a warning light, and the transmission is like a two- way radio and no interference is expected. Chair Sagstetter opened the public hearing. A resident called in, Burt Garr, 1684 Skywood Lane, stated this is being put up in the middle of a residential neighborhood and many residents feel it will be an eyesore. Mr. Garr noted a number of antennas have been added to the water tower since the residential development was built, and that brings traffic to the tower on a regular basis. The proposed [mono]pole is much higher than the water tower, and residents are concerned about an industrial appearance. Adding many of the residents are senior citizens and are worried that the initial 3-year term will eventually become a permanent location for the tower and equipment. Residents are also concerned about a decrease in their property values. There being no further public comment, Chair Sagstetter closed the public hearing and turned the discussion back to the Commission. Member Vanderpoel moved, Member Whisnant seconded a to recommend approval of an Interim Use Permit to allow a 157-foot monopole and antenna upon property located at 1683 Skywood Lane, legally described as Outlot I, Oakbrooke Addition, subject to the following conditions: Member Vanderpoel explained that over 90 percent of the activity is managed by the equipment on the Sperry tower and this proposal is a way to allow the “system” to pick up the other 5-10 percent of homes at the other end of the City in the most efficient and cost-effective way possible. Also, this is a temporary measure and will be reviewed again in three years. Chair Sagstetter agreed this is a short-term solution, and the City will be bringing a long-term solution forward in the future. Member Jensen indicated he supports the motion. Weighing the small percentage of residents that cannot be reached by the existing equipment, he encouraged the City to consider alternative ways to reach the remaining residents without needing to vary so greatly from the City Code standards with such a tall structure. 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 Advisory Planning Commission February 23, 2021 Page 5 of 24 2. The Permit shall not exceed three years from the date of City Council approval. 3. If required, the applicant shall obtain a Building Permit from the City prior to any construction on the site. 4. The monopole and all equipment shall be maintained. The equipment shall be maintained in a manner that is compatible with adjacent uses and does not present a hazard to public health safety and general welfare. 5. The tower and accessory equipment building shall comply with the general standards outlined in City Code Section 11.70, Subdivision 26, Paragraph G. 6. 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. Roll call was taken. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 12, 2021 CASE: 21-IN-02-01-21 APPLICANT: City of Eagan HEARING DATE: February 23, 2021 PROPERTY OWNER: City of Eagan APPLICATION DATE: January 20, 2021 REQUEST: Interim Use Permit PREPARED BY: Mike Schultz LOCATION: 1683 Skywood Lane COMPREHENSIVE PLAN: LD, Low Density ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of an Interim Use Permit to allow the temporary use of a 157-foot monopole with antenna, upon property located at 1683 Skywood Lane, legally described as Outlot I, Oakbrooke Addition. AUTHORITY FOR REVIEW Interim Use Permit: City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and Planning Report – 1683 Skywood Lane February 23, 2021 Page 2 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. 6. The city determines that the property is in compliance with City Code. City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 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 Planning Report – 1683 Skywood Lane February 23, 2021 Page 3 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 subject property at 1683 Skywood Lane is a City owned parcel containing a City water reservoir. The City constructed the Deerwood water reservoir on the subject property in 1996. The parcel is 1.81 acres and is landlocked as it does not abut City right-of-way. Access to the site is from Skywood Lane through an access agreement over Outlot C, a parcel commonly held by the Oakbrooke Homeowners Association. The City requested a variance to setback requirements in 1995 when the 83-foot high reservoir was initially proposed. At the time, the parcel was zoned A, Agricultural. The variance request was evaluated assuming PF, Public Facilities zoning, but the property was not rezoned until 1998 when it was included with the Oakbrooke Planned Development and Subdivision. EXISTING CONDITIONS The site is located on the City’s Deerwood water reservoir parcel. A paved service road stubs off the cul-de-sac of Skywood Lane providing the only access to the reservoir. A service road encircles the base of the reservoir providing access to both the reservoir and mechanical equipment located on the south side of the reservoir. The site is landscaped with mature trees that help screen the reservoir on the easterly and southerly property boundaries. The east portion of the site around the reservoir is relatively flat. The first-floor elevation is approximately 970 feet. The site slopes down to the west toward Interstate 35E, dropping to an approximate elevation of 917 feet at the property line. SURROUNDING USES The following existing uses, zoning and comprehensive guide plan designations surround the subject property. Existing Use Zoning Land Use Designation North Single-family Residential PD, Planned Development Low Density South Single-family Residential PD, Planned Development Low Density East Single-family Residential PD, Planned Development Low Density West I-35E N/A N/A Planning Report – 1683 Skywood Lane February 23, 2021 Page 4 EVALUATION OF REQUEST Proposal – The City of Eagan is converting its water meter reading to an automated system, or Automated Metering Infrastructure (AMI), as walk-by services are scheduled to end on December 31, 2021. The proposal involves the temporary placement of a monopole and antenna at two locations, the Cliff Road Booster Station and Deerwood Reservoir. The temporary nature of the two facilities is to serve as a testing period to ensure sufficient coverage is provided for establishing the new meter reading system of residential properties. An AMI antenna was placed within Sperry Tower to provide readings for all non-residential water meters. The AMI system requires the use of antennas to receive the signals from individual meters and forward the data to the City’s Utility Billing System. The proposed tower and antenna at the Deerwood site will consist of a 170-foot steel monopole. The pole will be buried to a depth of 29 feet to set as support and 141 feet of the monopole will be above grade. A single antenna will be mounted atop the monopole for a total height of 157 feet. The plans do not identify any guy wires needed for support. The monopole structure will be set southeast of the reservoir, adjacent existing equipment located outside the service drive. The monopole will be placed approximately 50 feet off the south property line, approximately 42 feet off the east property line and approximately 141 feet off the north property line. The monopole will be approximately 125 feet from the nearest home located east of the parcel. Included in the packet is a December 30, 2020 summary memo to the Public Works Committee outlining the City’s conversion to the AMI system and future placement of monopoles and antenna. The consideration of an Interim Use Permit application was recommended due to the need for a three-year testing period to ensure adequate city coverage. If testing confirms adequate coverage, a Conditional Use Permit and/or Variances will be required prior to installation of a permanent monopole and antenna. Term – The applicant is proposing a three-year term of the Interim Use Permit to allow completion of the study to determine proper coverage of the AMI infrastructure. Site Plan – The Site Plan shows the proposed monopole east and south of the existing 83-foot water reservoir on the eastern portion of the site. A fiber line will run through an existing conduit trench south to a fiber pedestal along Oakbrook Trail. No new landscaping is proposed. No trees will be removed for the construction. Compatibility with Surrounding Area –The reservoir was constructed in 1996 and the site was rezoned to PD, Planned Development and replatted in 1998 as part of the Oakbrooke Planned Development and Final Subdivision Plat. Planning Report – 1683 Skywood Lane February 23, 2021 Page 5 The Oakbrooke Planned Development consists of 313 single-family homes over 117 acres, detached townhomes (single-family homes on smaller platted lots; the lots incorporate only the house footprint) are located north and south of the reservoir property. The Oakbrooke development is located south of Deerwood Drive to Diffley Road and between Johnny Cake Ridge Road and Interstate 35E. Freestanding towers are allowed as an accessory use in all residential zoning districts though limited to 60 feet maximum height of both the monopole and antenna. The Interim Use Permit process was recommended due to the temporary nature of the use while still providing public notification and establishing a set term for use of the site. Code Requirements – City Code Chapter 11, Section 11.70, Subdivision 26 sets forth the regulations for the installation of antennae and construction of towers. The property is guided Low Density and zoned Planned Development for mixed residential; staff is utilizing the review criteria listed in Subdivision 26, Paragraph E regarding freestanding towers and antennae in a residential use district for evaluation of this proposal. 1. Freestanding towers and antennae in residential use districts. Freestanding towers and antennae shall be permitted as an accessory use only in agricultural districts (A); estate districts (E); residential districts (R-1, R-1S, R-2, R-3, and R-4); and planned development districts (PD) within the area which is designated solely for residential uses under a planned development agreement, subject to the following requirements: (a) The combined height of a freestanding tower and any antenna mounted thereto shall not exceed 60 feet, in height, measured from ground elevation of the tower to the highest point of the tower, including any antenna mounted thereto; The proposed height of the monopole and antenna is 157 feet, exceeding the 60- foot maximum height allowed in residential use districts. The site is encumbered with existing equipment and underground utilities south and west of the reservoir. Steep grade encumbers the western half of the site. The additional height allows the needed coverage to capture signals from residential water meters. (b) Permanent platforms or structures, exclusive of antennae, that increase off-site visibility are prohibited; Met, no additional platforms or structures are proposed other than the monopole and antenna. (c) No more than one freestanding tower shall be permitted on any one residential lot; Planning Report – 1683 Skywood Lane February 23, 2021 Page 6 Met, no other freestanding towers exist on the property. (d) All setback requirements for accessory structures, as set forth in this chapter, shall be met, provided the minimum setback distance from a residential structure shall be equal to the permissible height of the tower; Accessory structure setback is five feet from side and rear property lines, which is met. The City Code defines a “tower” as “any freestanding structure designed specifically to elevate an antenna, satellite dish or similar apparatus”. The monopole height from ground elevation is proposed to be 141 feet (157 feet combined height with antenna), the distance to the nearest residence east of the site is approximately 125 feet, not meeting the standard. (e) The tower shall be located in the rear yard; Met, access to the property is served off Skywood Lane to the north through an access easement with Oakbrooke Homeowners Association. The monopole and antenna are proposed behind the front of the reservoir, situated southeast of the tank, which would technically be the rear yard. (f) The tower shall be self-supporting through the use of a design that uses an open frame or monopole configuration; Met, the monopole will be buried approximately 29 feet to support the structure, no additional guy wires are illustrated on the plans. (g) No tower shall be used for commercial purposes. Met, the monopole and antenna are intended for public utility purposes only. The proposed temporary monopole and antenna will not meet two of the performance standards listed above regarding maximum height and minimum setback to a residential structure. The City Code allows a maximum 60-foot height for a tower and antenna within residential zone districts, the proposed tower and antenna height is 157 feet. The minimum required setback to the nearest residential structure does not meet the proposed 141-foot tower height. Direction to Residential Structure Minimum Setback Distance to Residential Structure Distance to Nearest Residential Structure South 141 feet 213 feet North 141 feet 327 feet East 141 feet 125 feet West 141 feet N/A (Adjacent to I-35E) Bold : minimum distance not met Planning Report – 1683 Skywood Lane February 23, 2021 Page 7 The subject parcel measures 192 feet from north to south, and 470 feet at the widest point from east to west. The applicant notes the property is encumbered with underground utilities both south and west of the reservoir, limiting placement of the monopole. The grade on the west half of the site also is not conducive to placement of the monopole. City Code Section 11.70, Subdivision 26, Paragraph G contains general standards applying to all towers and antennae regarding illumination, signage, security, screening, location and color, design, and building permit requirements. The proposal appears to substantially comply with those standards listed within that section. Landscaping – No new landscaping is proposed. Wetlands – Because no wetlands are on site, City Code Section 11.67, wetland protection and management regulations, does not apply. Stormwater Management/ Water Quality – The applicant proposes to add less than 10,000 square feet of impervious surface, therefore, the City’s Post Construction Stormwater Management Requirements (City Code Section 4.34) for stormwater management and surface water quality do not apply. Utilities – No connection to City utilities are proposed with this application. Streets/Access/Circulation – Public street access to the facility will be from Skywood Lane through a recorded access easement. Financial Obligation – At this time, there are no pending assessments on the parcel. Tree Preservation – No tree preservation issues are associated with this proposal. Parks and Recreation – No parks and recreation issues are associated with this proposal. SUMMARY/CONCLUSION The City of Eagan is requesting approval of an Interim Use Permit for a 157-foot monopole and antenna for temporary testing of up to three years. The testing period will allow the City to install the more than 19,000 individual radio meter readers and test the Automated Metering Infrastructure (AMI) system for the reading of individual meters before constructing permanent facilities that provide sufficient coverage. The AMI system is intended to replace walk-by meter readers that are scheduled to expire by the end of 2021. The Interim Use Permit includes the evaluation of proposed deviations to overall tower and antenna height and setbacks to residential properties as outlined within this report. Planning Report – 1683 Skywood Lane February 23, 2021 Page 8 ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow a 157-foot monopole and antenna upon property located at 1683 Skywood Lane, legally described as Outlot I, Oakbrooke Addition. If approved the following conditions shall apply: 1. This Interim Use Permit shall be recorded with the Dakota County Recorder’s office within 60 days of approval by the City Council, with the following exhibits: • Site Plan 2. The Permit shall not exceed three years from the date of City Council approval. 3. If required, the applicant shall obtain a Building Permit from the City prior to any construction on the site. 4. The monopole and all equipment shall be maintained. The equipment shall be maintained in a manner that is compatible with adjacent uses and does not present a hazard to public health safety and general welfare. 5. The tower and accessory equipment building shall comply with the general standards outlined in City Code Section 11.70, Subdivision 26, Paragraph G. 6. 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. PADDOCK CT C.S.A.H.NO.30 (DIFFLEY ROAD)LANEHALITEPINTAIL CTROCKYLNB L A C K H A WKRDGCIRMEADOWLARKROAD TEALC O V E TACONITE DONEGAL WAYB LACKHAW KBLACKHAWKROADRIVERTON AVETURQUOISEPTHEINE CTTHOMASLAKERD.MONTICELLO AVE SIGFRID HEMLOCK CIR PALISADE CR BLACKHAWK LAKE CTM U R P H Y PARKWAY L O DGEPOLED R D EERWOODPLC.S.A.H. NO. 30TURQUOISE CIRWEXFORDWAY JOHNNYCAKERIDGERDC OC H R ANEOA K B R O O KECURVEDRIVEOAKBROOKECIRWOOD DUCK CI RA P PA L O O S A T R CLEM S O N DRIVE COCHRANE AVE BLUESTONEDR EASTSILVER BELL CRBLACKHAWK RDRIVERTON CIR CUTTERS LANE C.S.A.H. NO. 30 (DIFFLEY ROAD)PERIDOTPATHTHOMASLAKERD.KINGS WOODCT JOHNNYCAKERIDGEROADPO NDEROSA CIR OAKBRO O K ELNCLIPPERS ROADHARBOURPT BLACKHAWKLAKEDRLODESTONELN.LNSKYWOODLNDEERWOOD DRIVE CA S H E L L GLEN DAVENPORT AVESERPENTINEDR DON EG AL CT CLE MSONC TOAKBROOKECOURTGALWAY LN O A KB R OOKETERRTURQUOISE TRAILSARTELL AVE GREYSTONERIDGEBLACKHAWKRDBRANT CIRI 35 ECARNELIAN LANE GOLD CT NORTHKINGSW O O D LNBLACKHAWKRIDGEPL T R A MOREPL PAL OMINO TRA IL CANVASBACK LN RIVERTON AVESERPENTINE CRCOUNTR Y CREEKWAYI 35 EPALISADE PT HAWK PL. TRAIL OA K B R O OKEROADCLEMSON CIRCLETACONITE TRAIL FOXRIDGERDCI NNABARDRIVESILVER BELL ROAD NESTLIN G CIR KATHRYN CIR C.S .A.H.NO.30 (DIFFLEY ROAD) ROCKY LANE RIVERT O NAV E BAYLORCTJOHNNYCAKERIDGEROADBLACKHAWKROADAVE DAVENPORT CR OAKBROO K E W A YD E ERW OODDRIVEBLACKHAW K LAKE PLBALSAM AUBUR N CTDEERWOODTRAILWEXFORDCIRBLACKHAWK ROADOAKBRO O K E T RAILPALISADEWAY WENZELAVEHEINE STRASSEDEERWOOD DRIVE J OHNNYCAKEALCOV E LODGEPOLETHOMASLAKERD DEERW O O DPATHBLACKHAWK CR GADWALL CTKIN G S C R EST WO O D G A T E MURPHYP A RKWAY SOUTHMEADO W LARKRDJO H NNYCAKERIDGEROADKINGSWOODROADGABBRO TRAIL PALISADE WAYLODESTONE CIR.TACONITE PTCLEMSON DR WEXF O RDCTCarnelianPark EvergreenPark BlackhawkPark DowningPark HeinePond Park PeridotPathPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Deerwood ReservoirRequest: Interim User PermitFile No.: 21-IN-02-01-21 Subject Site Interstate 35-E NorthInterstate 35-E SouthO akb ro o ke T railSa rtell Avenue Skywood LaneOakbrooke CurveDeerwood Drive Meadowlark Road SOakbrooke Court O akbrooke Terrace Oakbrooke Way Murphy Parkway Oakbrooke CircleJohnny Cake Ridge Rd.Riverton AvenueDeerwood DriveD e e r w o o d D r iv e Deerwood Drive Deerwood Drive Deerwood Drive 0 300150 Feet ´ This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2019 Project Name: Deerwood ReserviorRequest: Interim Use PermitFile Nos.: 21-IN-02-01-21 Interstate35-ENorthInterstate 35-E SouthSkywood LaneOakbrooke CourtJohnny Cake Ridge LaneDeerwood Drive Deerwood Drive 0 300150 Feet´ This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2019 Project Name: Deerwood ReserviorRequest: Interim Use PermitFile Nos.: 21-IN-02-01-21 U G E UGEUGEUGEUGEUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFDESCRIPTIONREVISIONSSHEET NUMBERSHEET TITLEDATE:PROJECT #:CHECKED BY:DRAWN BY:NO.BYDATE-1ISSUED FOR REVIEWCONSTRUCTION UPDATES10/21/2012/29/20JLRJLRCITY OF EAGANSTEEL POLE1683 SKYWOOD LNEAGAN, MN 55122JLRTAZ10/21/20128-025PLANS PREPARED BY:PREPARED FORPHONE: (651) 982-4642 FAX: (651) 982-4261FOREST LAKE, MN 5502518995 FOREST BLVD. N.,C-1SITE PLAN1SITE PLANSCALE = N.T.S.NOTE:1. BOUNDARY SURVEY AND UNDERGROUND UTILITY INFORMATIONNOT PROVIDED. ALL DIMENSION AND BOUNDARY INFORMATIONARE APPROXIMATED FROM GIS AND ARCHIVE INFORMATION. G.C.TO FIELD LOCATE ALL SUBSURFACE UTILITIES PRIOR TOCONSTRUCTION.2. ALL DISTURBED AREAS MUST BE RESTORED TO LIKE OR BETTERCONDITIONS WITHIN 30 DAYS OF CONSTRUCTION.3. ALL TEMPORARY OPEN HOLES, INCLUDING BORE AND RECEIVINGPITS, SHALL BE BARRICADED AND PROTECTED IN ACCORDANCEWITH APPLICABLE STANDARDS.SCALE: N.T.S.EXISTING SYMBOLS & UTILITIES LEGENDLIGHT POLEUTILITY POLEWATER VALVEUNDERGROUND ELECTRIC ANCHORHANDHOLEFENCE LINEELECTRICUGEUNDERGROUND FIBERUGFUNDERGROUND GAS LINEGASOHEOHFOHTOVERHEAD ELECTRIC OVERHEAD FIBEROVERHEAD TELCOUTILITY LINEPROPOSED SYMBOLS & UTILITIES LEGENDSTEEL POLEWOOD POLESTORM SEWER LINESANITARY SEWER LINETRANSFORMERWATERMAIN LINESIGNCATCH BASINDECIDUOUS TREEMONUMENT FOUNDMANHOLEFIRE HYDRANTTRAFFIC LIGHTCURB STOP VALVEPEDESTALPROPOSED UNDERGROUND 2" Ø FIBERCONDUIT WITH PULL ROPE FROMPROPOSED STEEL POLE TO EXISTINGFIBER PEDESTAL AT OAKBROOK TRAILBY G.C., APPROX. 510 L.F.PROPOSED UNDERGROUND 2" Ø SCH 40POWER CONDUIT WITH PULL ROPE FROMPROPOSED STEEL POLE TOTRANSFORMER BY G.C., APPROX. 240 L.F.PROPOSED STEEL POLE AND CITY OMNIANTENNA TO BE INSTALLED. SEE SHEETANT-1 FOR ADDITIONAL INFORMATION.UNDERGROUND FIBERUGFUGFUNDERGROUND POWERUGEUGEOAKBROOKE TRAILEXISTING FIBERPEDESTAL DESCRIPTIONREVISIONSSHEET NUMBERSHEET TITLEDATE:PROJECT #:CHECKED BY:DRAWN BY:NO.BYDATE-1ISSUED FOR REVIEWCONSTRUCTION UPDATES10/21/2012/29/20JLRJLRCITY OF EAGANSTEEL POLE1683 SKYWOOD LNEAGAN, MN 55122JLRTAZ10/21/20128-025PLANS PREPARED BY:PREPARED FORPHONE: (651) 982-4642 FAX: (651) 982-4261FOREST LAKE, MN 5502518995 FOREST BLVD. N.,PROPOSED SITEELEVATIONSANT-1SCALE: 3/32" = 1'-0" ±1PROPOSED STEEL POLE ELEVATION22" x 34" PRINT IS THE FULL SCALEFORMAT. ANY SIZE OTHER THANTHAT IS AT REDUCED SCALE.GRADEEXISTINGGRADEEXISTINGTOP OF OMNI ANTENNA:157'-0" ± A.G.L.PROPOSED OMNI ANTENNASEE 2/S-1 FOR FORANTENNA SPECIFICATIONSPROPOSED 170'STEEL POLETOP OF POLE:141'-0" ± A.G.L.PROPOSED 1-1/2" Ø COAX CABLE ANDPOWER ROUTED WITHIN TOWERNOTES:1. STRUCTURAL ANALYSIS BY OTHERS.2. CONTRACTOR TO FIELD VERIFYMOUNTING LOCATIONS OF ALLPROPOSED EQUIPMENT PRIOR TOCONSTRUCTION.PROPOSED LIGHTNING ROD29'-0"BURIED DEPTHT.B.D. DESCRIPTIONREVISIONSSHEET NUMBERSHEET TITLEDATE:PROJECT #:CHECKED BY:DRAWN BY:NO.BYDATE-1ISSUED FOR REVIEWCONSTRUCTION UPDATES10/21/2012/29/20JLRJLRCITY OF EAGANSTEEL POLE1683 SKYWOOD LNEAGAN, MN 55122JLRTAZ10/21/20128-025PLANS PREPARED BY:PREPARED FORPHONE: (651) 982-4642 FAX: (651) 982-4261FOREST LAKE, MN 5502518995 FOREST BLVD. N.,SITEDETAILSS-12ANDREW - DB810KE-SY 870-960MHz 10dDbFIBERGLASS OMNI ANTENNALENGTH: 201.5"WEIGHT: 35 LBSSCALE: N.T.S.GPS & ANTENNA SPECIFICATIONSTRIMBLE BULLET III GPS ANTENNADIMENSIONS: 3.05"D x 2.61"HWEIGHT: 7.0 OZCONNECTOR: F-TYPE & TNC (5V)-TNC 3.3V ONLYMOUNTING: 1"-14" THREAD OR 3/4" PIPE THREADCONDUITS FORELECTRICAL &ANTENNA SHARINGWHERE APPLICABLEUNDISTURBED SOILRETURN ORIGINAL MATERIAL TO TRENCH,COMPACT TO MAXIMUM DENSITY INACCORDANCE WITH ASTM D1557 1. 2.COMPACTED SAND (SEE NOTE 1)COMPACTED SAND BED (SEE NOTE 1)PROVIDE PANDUIT UNDERGROUND HAZARDTAPE (FOIL TYPE) 'CAUTION-ELECTRICALLINE BURIED BELOW' AT 1'-0" ABOVE SANDFOR THE ENTIRE LENGTH OF THE CONDUITRUNLCCA-17 COARSE AGGREGATE COMPACTEDTO 90% STANDARD PROCTOR12" (MIN)SEPARATION4"4"42" MINTRENCH 3.NOTES:SCALE: N.T.S.UTILITY TRENCH DETAILRESTORE SURFACE COARSE MATERIALAND BASE COARSE TO ORIGINALCONDITION AFTER INSTALLATION OFUTILITIES. GRADE SURFACE TO LEVEL.3SCALE: 1/2" = 1'-0"ANTENNA MOUNTING DETAILPROPOSED OMNI ANTENNASEE 2/S-1 FOR FORANTENNA SPECIFICATIONSFITS ROUND OR POLYGONPOLES 5" TO 36" DIAMETER2-3/8" O.D. OR OR4-1/2" O.D. PIPESINGLE SECTOR CHAIN MOUNT SITEPROMODEL # CHM1 OR APPROVED EQUALPROPOSED STEEL POLEPROPOSED LIGHTNING ROD1 DESCRIPTIONREVISIONSSHEET NUMBERSHEET TITLEDATE:PROJECT #:CHECKED BY:DRAWN BY:NO.BYDATE-1ISSUED FOR REVIEWCONSTRUCTION UPDATES10/21/2012/29/20JLRJLRCITY OF EAGANSTEEL POLE1683 SKYWOOD LNEAGAN, MN 55122JLRTAZ10/21/20128-025PLANS PREPARED BY:PREPARED FORPHONE: (651) 982-4642 FAX: (651) 982-4261FOREST LAKE, MN 5502518995 FOREST BLVD. N.,E-3AND DETAILSGROUNDING PLAN21SCALE: N.T.S.TYPICAL GROUNDING PLANNOTE:ELECTRICAL CONTRACTOR TO INSTALL GROUND ROD AS BEST FIT. IN SOMEINSTANCES, SITE CONDITIONS MAY DICTATE GROUND ROD PLACEMENT.DETAIL IS FOR SCHEMATIC PURPOSES ONLY.1. ALL GROUNDING CONNECTIONS SHALL BE MADE BY THE EXOTHERMIC PROCESS CONNECTIONS SHALL INCLUDE ALL CABLE TO CABLE, SPLICES, ETC. ALL CABLE TO GROUND RODS, GROUND RODS SPLICES AND LIGHTNING PROTECTION SYSTEM AS INDICATED. GROUND FOUNDATION ONLY AS INDICATED BY PM. ALL MATERIALS USED (MOLDS, WELDING, METAL, TOOLS, ETC.) SHALL BE BY EXOTHERMIC PROCESS AND INSTALLED PER MANUFACTURERS RECOMMENDATIONS AND PROCEDURES. GROUND CONDUCTOR SHALL HAVE A MINIMUM 24" BENDING RADIUS.2. ALL EXOTHERMIC CONNECTIONS ON GALVANIZED SURFACES SHALL BE CLEANED THOROUGHLY AND COLORED TO MATCH SURFACE WITH (2) TWO COATS OF SHERWIN-WILLIAMS GALVITE (WHITE) PAINT B50W3 (OR EQUAL) OR SHERWIN- WILLIAMS SILVERBRITE (ALUMINUM) B59S11 (OR EQUAL).3. ALL ELECTRICAL & MECHANICAL GROUND CONNECTIONS SHALL HAVE ANTI-OXIDANT COMPOUND APPLIED TO CONNECTIONGROUNDING ELECTRODE SYSTEM NOTES:6. UTILITY COMPANY COORDINATION: ELECTRICAL CONTRACTOR SHALL CONFIRM THAT ALL WORK IS IN ACCORDANCE WITH THE RULES OF THE LOCAL UTILITY COMPANY BEFORE SUBMITTING THE BID, THE CONTRACTOR SHALL CHECK WITH THE UTILITY COMPANIES SUPPLYING SERVICE TO THIS PROJECT AND SHALL DETERMINE FROM THEM ALL EQUIPMENT AND CHARGES WHICH THEY WILL REQUIRE AND SHALL INCLUDE THE COST IN THE BID.7. GROUND TEST: GROUND TESTS SHALL BE PERFORMED AS REQUIRED BY OWNER STANDARD PROCEDURES. GROUND GRID RESISTANCE SHALL NOT EXCEED 5 OHMS.8. CONTRACTOR SHALL SUBMIT THE GROUND RESISTANCE TEST REPORT AS FOLLOWS:5/8" DIAMETER x 10'-0" LONG COPPER CLADGROUND ROD (HARGER-5810)5/8" DIAMETER X 10'-0" LONG COPPER CLADGROUND ROD WITH INSPECTION WELL#2 AWG TNND SOLID BARE COPPER WIREMINIMUM 42" BELOW GRADE (HARGER-L2)EXOTHERMIC WELD1. ONE (1) COPY TO OWNER REPRESENTATIVE2. ONE (1) COPY TO ENGINEER3. ONE (1) COPY TO KEEP INSIDE EQUIPMENT ENCLOSURELEGEND:UGEUNDERGROUND POWER LINEUGFUNDERGROUND FIBER LINEOHEOVERHEAD POWER LINEGASGAS LINEOHTOVERHEAD TELCO LINEMECHANICAL CONNECTION21TYPICAL KEYED GROUNDING NOTESN.T.S.TYPICAL GROUNDING SCHEMATIC #2 GREEN STRANDED COPPER CONDUCTOROMNI ANTENNAGRADEPROPOSED POLEPROPOSED GROUND ROD(TYP.)HOMERUNGROUND FROMANTENNABRACKET4#2 GREEN STRANDED COPPER CONDUCTOR, 42" BELOW GRADE(TYPICAL) MINIMUM 24" BENDING RADIUS5/8" DIAMETER X 8'-0" LONG COPPER CLAD GROUND ROD (HARGER-5810)WITH EXOTHERMIC CONNECTIONENCLOSURE GROUND (TYP.) IN 1/2" DIAMETER SCHEDULE 40 PVC CONDUIT#2 AWG TNND SOLID COPPER CONDUCTOR42" BELOW GRADE34123342" MIN.GRADEEXOTHERMICWELDRING GROUND #2 AWGBCW SOLID, TINNEDGROUND ROD COPPERCLAD STEEL ROD W/MIN.5/8"ØX10'-0" LONGNOTE:GROUND ROD SHALL BE DRIVEN VERTICALLY, NOTTO EXCEED 45 DEGREES FROM THE VERTICAL.6" MAXSCALE: N.T.S.GROUND ROD DETAILType VNType VSType GTType TAType HSType GYType GRType NCType VVType XBEXOTHERMIC AND HARGER ULTRAWELD OR APPROVED EQUALEXOTHERMIC WELD DETAILSHORIZONTAL CABLE TAP TOVERTICAL STEEL SURFACE ORTHE SIDE OF HORIZONTAL PIPETHROUGH CABLE TOTOP OF GROUND ROD.TEE OF HORIZONTAL RUNAND TAP CABLES.HORIZONTAL CABLE TAP TOHORIZONTAL STEEL SURFACEOR PIPE. CABLE OFF SURFACE.CABLE TAP DOWN AT 45° TOVERTICAL STEEL SURFACE OR SIDEOF HORIZONTAL OR VERTICAL PIPE.THROUGH CABLE TO SIDEOF GROUND RODTHROUGH VERTICAL CABLE TOVERTICAL STEEL SURFACE ORTO THE SIDE OF EITHERHORIZONTAL OR VERTICALPIPECABLE TAP TO TOP OF GROUNDRODTHROUGH AND TAP CABLESTO GROUND RODCROSS OF HORIZONTALCABLES. LAPPED AND NOTCUT4 &&&&&& &Interstate 35-E SouthSkywood LaneInterstate 35-E North1053764011201686OAKBROOKE CT1053765010501679 SKYWOOD LN1053764011801689OAKBROOKE CT1053765010901686 SKYWOOD LN1053765011001684 SKYWOOD LN1053764011301688OAKBROOKE CT1053765010701690SKYWOOD LN1053765011101682 SKYWOOD LN1053765011201680 SKYWOOD LN1053765010601681 SKYWOOD LN1053765010801688 SKYWOOD LN1053760000901683 SKYWOOD LN1053764011501692OAKBROOKE CT1053764011701691OAKBROOKE CT1053764011401690OAKBROOKE CT1053764011101684OAKBROOKE CT1053764011601694OAKBROOKE CTWaterReservoirDriveway125 ft Angle: 86 °189 ft Angle: 92 °213 ft Angle: 209 °221 ft Angle: 224 °257 ft Angle: 240 °267 ft Angle: 198 °327 ft Angle: 30 °PROPOSED STEEL POLE ANDCITY OMNI ANTENNASteel pole to 1690 Skywood Ln86125.21Steel pole to 1688 Skywood Ln92189.15Steel pole to 1681 Skywood Ln30326.89Steel pole to 1692 Oakbrooke Ct240256.99Steel pole to 1694 Oakbrooke Ct224221.48Steel pole to 1691 Oakbrooke Ct209212.88Steel pole to 1689 Oakbrooke Ct198266.62Feature Angle DistanceMap Date: 2/16/2021Prepared By: City of Eagan Public Works Dept.0 50 10025FeetENGINEERING SITE PLAN - DEERWOOD RESERVOIR Deerwood Site: Cliff Booster Site: Proposed Temporary Pole Proposed Temporary Pole Advanced Metering Infrastructure (AMI) Residential Installation – Draft Schedule 2020 Q2 Completed draft schedule 2020 Q3 07/07/20 - PW Committee review of CIP change x AMI CUP needed for temp towers x Telecommunication Tower Study 07/21/20 - Council approve CIP change Purchase added radio equipment (two new locations) Update the path study to include the new tower locations Complete construction drawings and structural analysis 2020 Q4 Conditional Use Permit (IUP) – application and review (John G, Mike S) x Deerwood Reservoir x Cliff Booster Station Council approve IUP Develop Plans & Specs (P&S) 2021 Q1 Council approve P&S and authorize bid Implementation meetings with Sensus and LOGIS Bid open/close Council award contract Install Temporary Towers – final tower locations are tied to the Telecommunications Study x Deerwood Reservoir x Cliff Booster Station 2021 Q2 Install radios; first half of cycles 2021 Q3 Install radios; second half of cycles 2021 Q4 Contract punch list and close out Council approve final payment Begin annual meter exchange program 2022 Q1 Complete annual meter exchange program Sec. 11.70. - Performance Standards. Subd. 26. Antennae, satellite dishes, wind energy conversion systems and towers. A. Purpose. The regulations and requirements of this subdivision are intended to: 1. Provide for the appropriate location and development of antennae, satellite dishes, towers, and wind energy conversion systems which are often needed to serve the residents and businesses within the city; 2. Minimize adverse visual affects of antennae, satellite dishes, wind energy conversion systems and towers through careful design, siting, and screening; 3. Prevent damage to adjacent properties from the collapse or destruction of antennae, satellite dishes, wind energy conversion systems and towers; 4. Maximize the use of existing tower or structures in order to limit the number of freestanding towers; and 5. Provide restrictions and regulations that do not conflict with any federal statute or FCC rule or regulation. B. Building mounted antennae and satellite dishes. Building mounted antennae and satellite dishes shall be permitted in all zoning districts of the city, subject to the following requirements: 1. The height of any building mounted antenna or satellite dish, including its support structure, shall not exceed 50 percent of the total building height or 15 feet above the highest point of the roof, whichever is less; 2. Accessory equipment associated with a building mounted antenna or satellite dish shall be located within the building or within a roof or ground enclosure which is constructed of materials and color scheme compatible with the principal building; 3. Building mounted satellite dishes located within any agricultural district (A), estate district (E), residential district (R-1, R-1S, R-2, R-3, and R-4), public facilities (PF) district, or planned development district, within the area designated solely for residential uses under a planned development agreement (PD) shall not be larger than one meter (39 inches) in diameter; and 4. Building mounted satellite dishes and antennae located within any agricultural district (A); estate district (E); residential district (R-1, R-1S, R-2, R-3, and R-4); public facilities district (PF); or planned development district within the area designated solely for residential uses under a planned development agreement (PD) shall not be used for commercial purposes. C. Public utility tower mounted antennae. Public utility tower mounted antennae shall be a permitted use in all zoning districts of the city in which the public utility tower is located, subject to the following requirements: 1. The height of any antennae mounted to a public utility tower shall not exceed 20 feet above the highest point of the public utility tower. 2. Accessory equipment associated with the antennae shall be located within an enclosure which shall not be greater in area than 400 square feet and shall be designed and constructed of material and color scheme compatible with accessory structures on the surrounding properties. 3. Notwithstanding any provision to the contrary in this subdivision, a freestanding tower for the purpose of elevating an antennae shall be a permitted use in all zoning districts of the city in which a public utility tower is located, as defined in this chapter, provided that it is located within the base area of the public utility tower and directly surrounded by the support structure of the public utility tower and meets all of the requirements in this subparagraph. D. Freestanding satellite dishes. Freestanding satellite dishes shall be permitted in all zoning districts, subject to the following requirements: 1. Freestanding satellite dishes shall be located in the rear yard; 2. Accessory equipment associated with a freestanding satellite dish shall be located within the principal building or within an enclosure which is constructed of materials and color scheme compatible with the principal building or within an equipment encasement not exceeding 10 feet (w) × 10 feet (l) × 5 feet (h) in size; 3. Satellite dishes and any accessory equipment enclosures shall meet the setback requirements for accessory structures as set forth in this chapter of the Code; 4. Satellite dishes and accessory equipment enclosures shall not be located within any utility or drainage easement; and 5. Freestanding satellite dishes located within any agricultural district (A); estate district (E); residential district (R-1, R-1S, R-2, and R-3); or planned development district within the area designated solely for residential uses under a planned development agreement (PD) shall not be used for commercial purposes. 6. Freestanding satellite dishes shall not exceed 15 feet in height. E. Freestanding towers and antennae. 1. Freestanding towers and antennae in residential use districts. Freestanding towers and antennae shall be permitted as an accessory use only in agricultural districts (A); estate districts (E); residential districts (R-1, R-1S, R-2, R-3, and R-4); and planned development districts (PD) within the area which is designated solely for residential uses under a planned development agreement, subject to the following requirements: (a) The combined height of a freestanding tower and any antenna mounted thereto shall not exceed 60 feet, in height, measured from ground elevation of the tower to the highest point of the tower, including any antenna mounted thereto; (b) Permanent platforms or structures, exclusive of antennae, that increase off-site visibility are prohibited; (c) No more than one freestanding tower shall be permitted on any one residential lot; (d) All setback requirements for accessory structures, as set forth in this chapter, shall be met, provided the minimum setback distance from a residential structure shall be equal to the permissible height of the tower; (e) The tower shall be located in the rear yard; (f) The tower shall be self supporting through the use of a design that uses an open frame or monopole configuration; (g) No tower shall be used for commercial purposes. 2. Freestanding towers and antennae in non-residential use districts. Notwithstanding paragraph (1) herein, freestanding towers and antennae shall be permitted pursuant to a conditional use permit approved by city council only in limited industrial districts (I-1); general industrial districts (I-2); park district (P); public facility districts (PF) and planned development districts within the area designated solely for industrial uses under a planned development agreement (PD), provided an antenna shall be a permitted use in a public facility (PF) provided the antenna is placed or mounted on a city water reservoir tank or tower. Freestanding towers and antennae permitted under this paragraph shall be subject to the following requirements: (a) The combined height of any freestanding tower and antennae or satellite dishes mounted thereto shall not exceed: Skywood/Deerwood Res. Site Cliff Rd Booster Site (i) 100 feet, measured from ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination; or (ii) 125 feet, measured from ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination, provided the tower is designed to: (A) Accommodate the applicant's antennae and at least one additional comparable antennae for other communication providers; (B) Accept antennae mounted at varying heights; and (C) Allow the future rearrangement of antennae upon the tower. (iii) 150 feet, measured from ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination, provided the tower is designed to: (A) Accommodate the applicant's antennae and at least two additional comparable antennae for other communication providers. (b) All setback requirements for any accessory equipment building or structure shall be met as set forth in this chapter, provided the minimum setback distance of the tower from any property line of a parcel or lot within a residential use district shall be equal to two times the height of the tower or 300 feet, whichever is greater; (c) The tower shall be located in the rear yard; (d) The tower shall be self-supporting through the use of a design that uses an open- frame or monopole configuration; (e) Permanent platforms or structures, exclusive of the tower or antennae, that increase off-site visibility are prohibited; (f) Existing vegetation on the site shall be preserved to the greatest possible extent practical; (g) Accessory equipment associated with freestanding towers and antennae shall be located within an equipment building constructed of materials and color compatible with principal building and surrounding area or within an equipment encasement not exceeding 10 feet (w) by 10 feet (l) by five feet (h) in size. (h) The applicant shall provide a color manipulated "as built" photograph of the tower as proposed for the location. (i) No new tower shall be permitted unless the city council finds that the equipment planned for the proposed tower cannot be accommodated at any preferred co-location site. The city council may find that a preferred co-location site cannot accommodate the planned equipment for the following reasons: (i) The planned equipment would exceed the structural capacity of the preferred co- location site, and the preferred co-location site cannot be reinforced, modified, or replaced to accommodate the planned equipment or its equivalent at a reasonable cost, as certified by a qualified radio frequency engineer; (ii) The planned equipment would interfere significantly with the usability of existing or approved equipment at the preferred co-location site, and the interference cannot be prevented at a reasonable cost, as certified by a qualified radio frequency engineer; (iii) A preferred co-location site cannot accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified radio frequency engineer; or (iv) The applicant, after a good-faith effort, is unable to lease, purchase or otherwise obtain space for the planned equipment at a preferred co-location site. F. Wind energy conversion systems. Wind energy conversion systems shall be permitted only in agricultural districts (A); limited industrial districts (I-1); general industrial districts (I-2); public facility districts (PF) and planned development districts within the area designated solely for industrial uses under a planned development agreement (PD) pursuant to a conditional use permit approved by city council subject to the following requirements: 1. The system shall not exceed a height of 100 feet; 2. All setback requirements for accessory structures as set forth in this Code shall be met, provided the minimum setback distance from any residential structure shall be equal to two times the height of the main structure of the system; 3. All systems shall have an automatic speed control device as part of the design; 4. All systems shall comply with the Minnesota Pollution Control Agency's Noise Pollution Section (NPC 1 and NPC 2), as amended; and 5. Any wind energy conversion system which utilizes a propeller shall have neither a blade rotation diameter of greater than 35 feet nor a blade arc less than 30 feet above the ground. G. General standards. All antennae, satellite dishes, towers, and wind energy conversion systems shall be subject to the following additional requirements: 1. Location and color shall be in a manner to minimize off-site visibility to the greatest possible extent; 2. Compliance with all applicable provisions of the Code, including the provisions of the state building code therein adopted, in addition to the requirements set out in this subdivision; 3. No signs, other than for public safety warnings or equipment information, shall be affixed to any portion thereof; 4. No artificial illumination, except when required by law or by a governmental agency to protect the public's health and safety, shall be utilized; 5. The placement of transmitting, receiving and switching equipment shall be integrated within the site, being located within an existing structure whenever possible; any new accessory equipment structure shall be attached to the principal building, if possible, and constructed of materials and of a color scheme compatible with the principal structure and/or surrounding area or within an equipment encasement not exceeding 10 feet (w), by 10 feet (l), by five feet (h), in size; 6. Accessory equipment or buildings shall be screened by suitable landscaping, as set forth in this chapter, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood; 7. Building permits shall be required for the installation of building mounted satellite dishes in excess of five feet in diameter, towers, and wind energy conversion systems; 8. Structural design, mounting and installation of a tower, antenna or satellite dish which requires a building permit shall be verified and approved by a qualified licensed engineer; and 9. Towers, and any equipment attached thereto, shall be unclimbable by design for the first 12 feet or completely surrounded by a six feet high security fence with a lockable gate. IUP Summary Memo December 30, 2020 AUTOMATED METERING INFRASTRUCTURE INTERUM USE PERMIT (IUP) Application to address the placement of temporary towers upon City property at 1311 Cliff Road and 1683 Skywood Lane. BACKGROUND: x On May 12, 2020, the City Council received an update from staff to enable their consideration of implementing an Advanced Metering Infrastructure (AMI) or alternative water meter reading options for residential water meters. Council directed staff to migrate all residential water meter reading to the automated radio reading system (AMI) utilized for commercial, industrial, and institutional water customers. x Implementation of an AMI water meter reading system requires the use of antennas to receive the signals from the individual meters and forward the collected data to the City’s Utility Billing system. x The Sperry Tower is currently being utilized to read all non-residential water meters as part of the City’s AMI system for commercial/industrial/institutional water meters. Through discussions with engineering consultants, City staff have the understanding that it is likely that two new telecommunications towers will be needed to have an AMI system that will read all residential water customers within the City. x It is important to implement the transformation to the AMI water meter reading as the current walk-by water meter reading services ends. Temporary antennas will need to be placed early in the system design process so meters may be configured appropriately to ensure all meters are being read at the time of the switch over to the new system. x Staff has the understanding that temporary antennas will need to be placed by the spring of 2021 in order to coordinate a transformation to AMI meter reading with the scheduled end of current meter reading services on December 31, 2021. Temporary antennas for the residential AMI system are proposed to be installed at the Deerwood reservoir and Cliff Booster Station sites. Antenna heights are estimated to be 100 feet at the Cliff Booster Station and 140 feet at the Deerwood reservoir. x Per city Ordinance, Conditional or Interim Use Permits may be required for the construction of telecommunications towers in excess of a height of 50-60 feet. Heights in excess of 100 feet may require a variance. x The PW Committee directed staff to utilize a CUP versus a variance. After additional discussion by the PW Director and City Planner, it was decided an IUP was more appropriate than a CUP. x Public Works staff will continue to work with Community Development staff to complete the appropriate process for the placement of the temporary poles/towers. From:bobbieknudson@gmail.com To:APC; Mike Schultz Subject:Deerwood Reservoir/Jon Eaton/City of Eagan-Interim Use Permit Date:Sunday, February 14, 2021 1:54:09 PM Mr. Schultz: My husband and I live at 4115 Oakbrooke Trail, Eagan. We OBJECT to this 157 ‘ tower/pole and antenna being built literally “in our backyard”. It will visually be unsightly from our deck and windows. This could impair the operation of electrical/automated equipment operating in our home and neighborhood. At 157’ I’m sure there will be red warning lights on it, which will interrupt the open sky view. Please consider a different location. We vote “no” to this tower. Barbara and David Knudson 4115 Oakbrooke Trail Eagan, MN 651-454-3719 bobbieknudson@gmail.col Agenda Information Memo March 2, 2021, Eagan City Council Meeting NEW BUSINESS B. Interim Use Permit – 1311 Cliff Road Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) an Interim Use Permit to allow the temporary use of a 106-foot monopole with antenna, upon property located at 1311 Cliff Road, legally described as Lot 1, Block 2, Joseph Connolly Addition subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Required Vote For Approval:  Majority of Councilmembers present Facts:  The subject property is a City-owned parcel used for utility purposes since the early 1970’s. The site is currently the location of well house Number 10 and a booster station.  The property consists 3.5 acres. It is guided Quasi-Public (QP) and a zoning designation of Parks (P). The property is located at the northeast corner of Cliff Road and Ches Mar Drive.  In 1997 a 32-foot tall water tower was removed from the site. In July 1997 the City Council denied a Conditional Use Permit request from AT&T Wireless Services for a 100-foot tall communication monopole. The Findings of Fact included multiple findings including the applicant’s acknowledgment that the land at Parkview Golf Course (across Cliff Road) would accommodate its needs, the City’s intent to keep the property free from commercial utilities, and the potential of the surrounding R-1 zoning for future single- family residential.  The City is converting its water meter reading to Automated Metering Infrastructure (AMI), as walk-by services are scheduled to end on December 31, 2021.  The temporary placement of the monopole and antenna is to serve as a testing period for the implementation of the new meter reading system of residential properties.  Included in the packet is a December 30, 2020 summary memo to the Public Works Committee outlining the City’s conversion to the AMI system and future placement of monopoles and antenna.  The proposed monopole is wooden, rather than a typical metal construction. The monopole is 110 feet in total, of which 17 feet will be buried subgrade for support, leaving 93 feet above grade. A single antenna will be mounted atop the monopole for a total of 106 feet.  The monopole structure will be placed behind an existing utility building, approximately 90 feet off the south property line and approximately 198 feet off the east property line. The proposed monopole would be placed adjacent an existing 32-foot pole with emergency response siren.  The Park zoning district does not have minimum setbacks for buildings and structures, however, minimum setback from a residential zoned property for a freestanding tower in a non-residential zone is two times the tower height or 300 feet, whichever is greater. The monopole will be setback approximately 198 feet from the easterly property line, 195 feet from the north property line, and 245 feet to the residential property on the south side of Cliff Road, thus not meeting the 300-foot setback to a residential property.  The consideration of an Interim Use Permit (IUP) application was recommended due to the need for a three-year testing period. If testing is successful, a Conditional Use Permit and/or Variances will be required prior to installation of a permanent monopole and antenna either at this or a different location.  The proposal appears to be compatible with the surrounding area save the 300-foot setback requirement to adjacent residential zoned properties.  A public hearing was held at the February 23, 2021 Advisory Planning Commission meeting and the APC did recommended approval on a 6 - 0 vote. Issues: None 60-Day Agency Action Deadline: March 28, 2021 Attachments: (4) NBB-1 Location Map NBB-2 Draft February 23, 2021 APC Minutes NBB-3 Planning Report NBB-4 Exhibits WILDERNESS RUN ROADWINDSOR COURTRICHARDSCTFAIRWAY HILLS DRIVELAKEPARKCTOAKCHASECIRWELLINGTON CT.STEEPLECHASELANETIFFANY CIR SVILDM ARK CT EAST BALSAM STREETSTEEPLECHASEWAYRICHARDLANESHADOWCREEKCURVEINTERLACHEN DRIVECOSMOS LANECYPRESS PTOAK CHASE LANECARLSONLAKELNCARLSON LAKE LANETHOMASLAKERD.PINETREEPASSAYLO DGEPOLEDRSTREETENTON LNE BALSAM TRAILWILDERNESS LNPEBBLEBEACHWAYWESTMINSTERCRWELLINGTONWAYEGLPTDRDUNROVIN PLG A R D E N T R AIL DELORES LANEPARKRIDGEDRWALDENDRNE DUNBE RRY LANE DRIVARWILDERNESS RUN CTLAKESIDE DRSEQLYRA CTHOMASLAKERD.DAKOTAPATHGRACE DRR IC H A R D L NNYBROCIROAKCHASEWAY PINETR E E C U RVENOCHES MAR DRIVEPONDEROSA CIRWILDERNESS RUN ROADPARKRIDGE CTNO.32(CLIFFROAD)WINGEDFOOTTRKNOTT I N G H AMCIRC.S.A.H. NO. 31 (PILLODGEPOLE CTLONDONLANEANDREWBLVDWILDE R N ESSWELLINGTO N WAY SUMMITPASSCLIFFRIDGECTCLI F F R I DGE C T PARKRIDGE D R LAKEPARKCIRSTONECLIFFEDRIVETOAK CHASE RDWILDERNESS PARK CTOAKLEAFCIREASTBALSAMREBECCALNGREGORY L N . L N WALFRID STCAMELBACKDR.TRAILL A K E S ID ECIRWILDERNESS PARKRI DGEVI E W D RKAUFMANISWILDERNESS RUN CIRPINETREETRAILVILDMAR K D R SEQUOIA DRIVEYT IF F A N Y D R LORCTCOSMOS LANEHAZELTI N ELANETHOMASLNOAK C H A S E W A Y MALMO CIRCARLSON LAKE LNCHESMARCRANDREWBLVDC.S.A.H. NO. 31 (PILOT KNOB ROAD)ORIONLANEINTERLACHENDRC.S.A.H.NO.31(PILOTKNOBRD.)BALSAMC.S.A.H.NO.31(PILOTKNOBRD.)AUBURNCTCURVEA.H.NO.31(PILOTKNOBRD.)COVING TON LNBLACKWOLFRUN NO.32(CLIFFROAD)PARKCLIFFD R AMARYLLIS LANEERIK'SBLVDDUNBERRY CIRLODGEPOLEWILDERNESS RUN DRLA K E PARKDR STEEPLECHASECOURTOAKCHASELANEPRAIRIEDUNESWAYCLEOME LANESVENSKLANECHESMARLNC.S.A.H.NO.31(PILOTKNOBRD.)ClearwaterParkEvergreenParkGeorgeOhmann ParkCarlsonLake ParkHighlineTrailParkCaponi ArtPark ParkOak ChaseParkThomas LakeEast ParkThomasLake ParkWaldenHeightsParkRavineParkParkLebanon HillsRegional ParkParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: Cliff Booster StationRequest: Interim User PermitFile No.: 27-IN-01-01-21Subject Site Advisory Planning Commission February 23, 2021 Page 6 of 24 C. Cliff Booster Station Applicant Name: Jon Eaton, City of Eagan Location: 1311 Cliff Road; Lot, Block 2, Joseph Connolly Addition Application: Interim Use Permit An Interim Use Permit to allow a temporary (proposed 3-year term) to test location for pole/tower and antenna (total height 106 feet) for AMI water meter reading equipment. File Number: 27-IN-01-01-21 City Planner Mike Schultz introduced this item and highlighted the information presented in the City Staff report dated February 18, 2021. Member Vanderpoel asked why this pole is wood rather than metal. Director Matthys explained the reasoning is due to the structural integrity as wood will meet the needs for this height but a steel pole is needed for the taller pole previously discussed. Member Francis asked if Apple Valley is utilizing smart readers. Director Matthys stated Apple Valley is ahead of Eagan in implementing this technology and they are doing a similar system. Eagan has not discussed sharing equipment with Apple Valley. Member Francis asked if meters in Apple Valley be sending signals to this antenna. Director Matthys responded there is no plan for Apple Valley to use this antenna. Member Jensen cited the same City Code provision [Section 11.70, Subdivision 26, Paragraph E] as the Deerwood facility and asked if the City identified any preferred co-location site for the tower. Matthys noted similar to the first item, due to the benefit of eliminating other sites, this site and the prior site were selected for a cost savings. Chair Sagstetter opened the public hearing. There being no further public comment, Chair Sagstetter closed the public hearing and turned the discussion back to the Commission. Member Goff moved, Member Vanderpoel seconded a motion to recommend approval an Interim Use Permit to allow a 106-foot monopole and antenna upon property located at 1311 Cliff Road, legally described as Lot 1, Block 2, Joseph Connolly Addition, subject to the following conditions: 1. This Interim Use Permit shall be recorded with the Dakota County Recorder’s office within 60 days of approval by the City Council, with the following exhibits: • Site Plan Advisory Planning Commission February 23, 2021 Page 7 of 24 2. The Permit shall not exceed three years from the date of City Council approval. 3. If required, the applicant shall obtain a Building Permit from the City prior to any construction on the site. 4. The monopole and all equipment shall be maintained. The equipment shall be maintained in a manner that is compatible with adjacent uses and does not present a hazard to public health safety and general welfare. 5. The tower and accessory equipment building shall comply with the general standards outlined in City Code Section 11.70, Subdivision 26, Paragraph G. 6. 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. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 18, 2021 CASE: 27-IN-01-01-21 APPLICANT: City of Eagan HEARING DATE: February 23, 2021 PROPERTY OWNER: City of Eagan APPLICATION DATE: January 20, 2021 REQUEST: Interim Use Permit PREPARED BY: Mike Schultz LOCATION: 1311 Cliff Road COMPREHENSIVE PLAN: QP, Quasi-Public ZONING: P, Park SUMMARY OF REQUEST The applicant is requesting approval of an Interim Use Permit to allow the temporary use of a 106-foot monopole with antenna, upon property located at 1311 Cliff Road, legally described as Lot 1, Block 2, Joseph Connolly Addition. AUTHORITY FOR REVIEW Interim Use Permit: City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and Planning Report – 1311 Cliff Road February 23, 2021 Page 2 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. 6. The city determines that the property is in compliance with City Code. City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Planning Report – 1311 Cliff Road February 23, 2021 Page 3 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 site has been owned by the City and used for utility purposes since the early 1970’s and was platted in 1990. In 1997 a 32-foot tall water tower was removed from the site. In July 1997 the City Council denied a Conditional Use Permit request from AT&T Wireless Services for a 100-foot tall communication monopole. The Findings of Fact included multiple findings including the applicant acknowledging the land at Parkview Golf Course (across Cliff Road) would accommodate its needs, the City’s intent to keep the property free from commercial utilities, and the potential of the surrounding R-1 zoning for future single-family residential. EXISTING CONDITIONS The site is currently the location of well house Number 10 and a booster station. The site is landscaped, especially the perimeter of the lot. The center of the property is mostly open and slopes gently downward to the west toward Ches Mar Drive. Large mature trees line the property line abutting the residences to the north. The single-family homes located along Dunberry Lane are at first floor elevations that range from approximately 988 feet to 990 feet. The first-floor elevations of the two duplexes located east of the site are at elevations of approximately 1025 feet. The elevation of the existing well house and booster station are 1022 feet and 1026 feet, respectively. SURROUNDING USES The following existing uses, zoning and comprehensive guide plan designations surround the subject property. Existing Use Zoning Land Use Designation North Single-family Residential R-1 Low Density South Single-family Residential (across Cliff Road) PD, Planned Development Low Density Planning Report – 1311 Cliff Road February 23, 2021 Page 4 West City Well Site (across Ches Mar Drive) P, Park Quasi-Public East Two-family Residential R-2 Low Density EVALUATION OF REQUEST Proposal – The City of Eagan is converting its water meter reading to an automated system, or Automated Metering Infrastructure (AMI), as walk-by services are scheduled to end on December 31, 2021. The proposal involves the temporary placement of a monopole and antenna at two locations, the Cliff Road Booster Station and Deerwood Reservoir. The temporary nature of the two facilities is to serve as a testing period to ensure sufficient coverage is provided for establishing the new meter reading system of residential properties. An AMI antenna was placed within Sperry Tower to provide readings for all non-residential water meters. The AMI system requires the use of antennas to receive the signals from individual meters and forward the data to the City’s Utility Billing System. The proposed Cliff Road monopole is wooden, rather than a typical metal construction. The monopole is 110 feet in total, of which 17 feet will be buried subgrade to set as support, leaving 93 feet above grade. A single antenna will be mounted atop the monopole for a total of 106 feet. The plans do not identify any guy wires needed for support. The monopole structure will be placed behind an existing utility building, approximately 90 feet off the south property line and approximately 198 feet off the east property line. The proposed monopole would be placed adjacent an existing 32-foot pole with emergency response siren. The monopole is not designed to accommodate any additional antenna. Included in the packet is a December 30, 2020 summary memo to the Public Works Committee outlining the City’s conversion to the AMI system and future placement of monopoles and antenna. The consideration of an Interim Use Permit application was recommended due to the need for a three-year testing period to ensure adequate city coverage. If testing confirms adequate coverage, a Conditional Use Permit will be required prior to installation of a permanent monopole and antenna. Term – The applicant is proposing a three-year term of the Interim Use Permit to allow completion of the study to determine proper coverage of the AMI infrastructure. Site Plan – The Site Plan shows the proposed monopole north and east of an existing small brick utility building and adjacent to a 32-foot pole and emergency response siren. The adjacent brick building will house additional equipment needed for the AMI system. No new landscaping is proposed. No trees will be removed for the construction. Planning Report – 1311 Cliff Road February 23, 2021 Page 5 Compatibility with Surrounding Area – The site is zoned P (Park) and adjacent to County Road 32/Cliff Road. Residential uses border the property to the north and east. Residential homes are also located on the south side of Cliff Road. The site has been used for utility purposes since the 1970’s. Freestanding towers are allowed within the Park zoning district through the review of a Conditional Use Permit. However, the Interim Use Permit process was recommended due to the temporary nature of the use while still providing public notification and establishing a set term for use of the site. Code Requirements – City Code Chapter 11, Section 11.70, Subdivision 26 sets forth the regulations for the installation of antennae and construction of towers; a copy of this section is provided for reference. Additionally, Subdivision 26, Paragraph E.2 states that freestanding towers and antennae in non-residential use districts shall be subject to certain performance standards. The proposed temporary monopole and antenna will not meet two of the performance standards listed in Paragraph E.2 regarding maximum height and minimum setbacks. The Code allows a maximum 100-foot height for a tower and a single antenna, the proposed tower and antenna height is 106 feet. The Park zoning district does not have minimum setbacks for buildings and structures, however, minimum setback from a residential zoned property for a freestanding tower is two times the tower height or 300 feet, whichever is greater. The monopole will be setback approximately 198 feet from the easterly property line, 195 feet from the north property line, and 245 feet to the residential property on the south side of Cliff Road, thus not meeting the 300-foot setback to a residential property. Minimum Required Setback Proposed Setback South – Across Cliff Road ROW 300 feet 245 feet North Property Line (abutting Residential) 300 feet 195 feet East Property Line (abutting Residential) 300 feet 198 feet West – To westerly property line 0 feet 329 feet Paragraph G contains general standards applying to all towers and antennae regarding illumination, signage, security, screening, location and color, design, and building permit requirements. The proposal appears to substantially comply with those standards listed within Subdivision 26, Paragraph G. Planning Report – 1311 Cliff Road February 23, 2021 Page 6 Landscaping – No new landscaping is proposed. Wetlands – Because no wetlands are on site, City Code Section 11.67, wetland protection and management regulations, does not apply. Stormwater Management/ Water Quality – The applicant proposes to add less than 10,000 square feet of impervious surface, therefore, the City’s Post Construction Stormwater Management Requirements (City Code Section 4.34) for stormwater management and surface water quality do not apply. Utilities – No connection to City utilities are proposed with this application. Streets/Access/Circulation – Public street access to the facility will be from Ches Mar Drive. Financial Obligation – At this time, there are no pending assessments on the parcel. Tree Preservation – No tree preservation issues are associated with this proposal. Parks and Recreation – No parks and recreation issues are associated with this proposal. SUMMARY/CONCLUSION The City of Eagan is requesting approval of an Interim Use Permit for a 106-foot monopole and antenna for temporary testing of up to three years. The testing period will allow the City to install the more than 19,000 individual radio meter readers and test the Automated Metering Infrastructure (AMI) at the proposed location before constructing a permanent facility. The AMI facility is intended to replace walk-by meter readers that are scheduled to expire by the end of 2021. The Interim Use Permit includes the evaluation of proposed deviations to overall tower and antenna height and setbacks to residential properties as outlined within this report. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow a 106-foot monopole and antenna upon property located at 1311 Cliff Road, legally described as Lot 1, Block 2, Joseph Connolly Addition. If approved the following conditions shall apply: 1. This Interim Use Permit shall be recorded with the Dakota County Recorder’s office within 60 days of approval by the City Council, with the following exhibits: • Site Plan Planning Report – 1311 Cliff Road February 23, 2021 Page 7 2. The Permit shall not exceed three years from the date of City Council approval. 3. If required, the applicant shall obtain a Building Permit from the City prior to any construction on the site. 4. The monopole and all equipment shall be maintained. The equipment shall be maintained in a manner that is compatible with adjacent uses and does not present a hazard to public health safety and general welfare. 5. The tower and accessory equipment building shall comply with the general standards outlined in City Code Section 11.70, Subdivision 26, Paragraph G. 6. 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. WILDERNESS RUN ROADWINDSOR COURTRICHARDSCTFAIRWAY HILLS DRIVELAKEPARKCTOAKCHASECIRWELLINGTON CT.STEEPLECHASELANETIFFANY CIR SVILDM ARK CT EAST BALSAM STREETSTEEPLECHASEWAYRICHARDLANESHADOWCREEKCURVEINTERLACHEN DRIVECOSMOS LANECYPRESS PTOAK CHASE LANECARLSONLAKELNCARLSON LAKE LANETHOMASLAKERD.PINETREEPASSAYLO DGEPOLEDRSTREETENTON LNE BALSAM TRAILWILDERNESS LNPEBBLEBEACHWAYWESTMINSTERCRWELLINGTONWAYEGLPTDRDUNROVIN PLG A R D E N T R AIL DELORES LANEPARKRIDGEDRWALDENDRNE DUNBE RRY LANE DRIVARWILDERNESS RUN CTLAKESIDE DRSEQLYRA CTHOMASLAKERD.DAKOTAPATHGRACE DRR IC H A R D L NNYBROCIROAKCHASEWAY PINETR E E C U RVENOCHES MAR DRIVEPONDEROSA CIRWILDERNESS RUN ROADPARKRIDGE CTNO.32(CLIFFROAD)WINGEDFOOTTRKNOTT I N G H AMCIRC.S.A.H. NO. 31 (PILLODGEPOLE CTLONDONLANEANDREWBLVDWILDE R N ESSWELLINGTO N WAY SUMMITPASSCLIFFRIDGECTCLI F F R I DGE C T PARKRIDGE D R LAKEPARKCIRSTONECLIFFEDRIVETOAK CHASE RDWILDERNESS PARK CTOAKLEAFCIREASTBALSAMREBECCALNGREGORY L N . L N WALFRID STCAMELBACKDR.TRAILL A K E S ID ECIRWILDERNESS PARKRI DGEVI E W D RKAUFMANISWILDERNESS RUN CIRPINETREETRAILVILDMAR K D R SEQUOIA DRIVEYT IF F A N Y D R LORCTCOSMOS LANEHAZELTI N ELANETHOMASLNOAK C H A S E W A Y MALMO CIRCARLSON LAKE LNCHESMARCRANDREWBLVDC.S.A.H. NO. 31 (PILOT KNOB ROAD)ORIONLANEINTERLACHENDRC.S.A.H.NO.31(PILOTKNOBRD.)BALSAMC.S.A.H.NO.31(PILOTKNOBRD.)AUBURNCTCURVEA.H.NO.31(PILOTKNOBRD.)COVING TON LNBLACKWOLFRUN NO.32(CLIFFROAD)PARKCLIFFD R AMARYLLIS LANEERIK'SBLVDDUNBERRY CIRLODGEPOLEWILDERNESS RUN DRLA K E PARKDR STEEPLECHASECOURTOAKCHASELANEPRAIRIEDUNESWAYCLEOME LANESVENSKLANECHESMARLNC.S.A.H.NO.31(PILOTKNOBRD.)ClearwaterParkEvergreenParkGeorgeOhmann ParkCarlsonLake ParkHighlineTrailParkCaponi ArtPark ParkOak ChaseParkThomas LakeEast ParkThomasLake ParkWaldenHeightsParkRavineParkParkLebanon HillsRegional ParkParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: Cliff Booster StationRequest: Interim User PermitFile No.: 27-IN-01-01-21Subject Site CO. RD. 32 Cliff Road CO. RD. 31 Pilot Knob RoadCO. RD. 32 Cliff Road CO. RD. 32 Cliff RoadCO. RD. 32 Cliff Road CO. RD. 31 Pilot Knob RoadW i l d e r n e s s C u r v e Camelback Drive C h e s M a r L a n e Oak Chase LaneRidgeview DriveShadow Creek CurveChes Mar DriveD a k o ta P a th O a k L e a f C i r c l e Black Wolf RunDunberry Lane Parkcliff DriveL a k e s i d e D r i v e St. Andrew BoulevardDunberry CircleFairway Hills DriveChes Mar DriveChes Mar DriveDunberry LaneDakota Path0 300150 Feet ´ This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2019 Project Name: Cliff Booster StationRequest: Interim Use PermitFile Nos.: 27-IN-01-01-21 CO. RD. 32 Cliff RoadCO. RD. 32 Cliff Road CO. RD. 32 Cliff RoadChes Mar DriveDakota PathDunberry Lane C h e s M a r L a n e Dunberry CircleRi dgev i e w Dr i v e Ches Mar DriveDunberry Lane0 300150 Feet´ This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2019 Project Name: Cliff Booster StationRequest: Interim Use PermitFile Nos.: 27-IN-01-01-21 UGFUGFUGEUGEDESCRIPTIONREVISIONSSHEET NUMBERSHEET TITLEDATE:PROJECT #:CHECKED BY:DRAWN BY:NO.BYDATE-01ISSUED FOR REVIEWISSUED FOR FINALCONSTRUCTION UPDATES10/21/2011/02/2012/29/20JLRJLRJLRCITY OF EAGANWOOD POLE1311 CLIFF ROADEAGAN, MN 55123JLRTAZ10/19/20128-024PLANS PREPARED BY:PREPARED FORPHONE: (651) 982-4642 FAX: (651) 982-4261FOREST LAKE, MN 5502518995 FOREST BLVD. N.,C-1SITE PLAN1SITE PLANSCALE = N.T.S.NOTE:1. BOUNDARY SURVEY AND UNDERGROUND UTILITY INFORMATIONNOT PROVIDED. ALL DIMENSION AND BOUNDARY INFORMATIONARE APPROXIMATED FROM GIS AND ARCHIVE INFORMATION. G.C.TO FIELD LOCATE ALL SUBSURFACE UTILITIES PRIOR TOCONSTRUCTION.2. ALL DISTURBED AREAS MUST BE RESTORED TO LIKE OR BETTERCONDITIONS WITHIN 30 DAYS OF CONSTRUCTION.3. ALL TEMPORARY OPEN HOLES, INCLUDING BORE AND RECEIVINGPITS, SHALL BE BARRICADED AND PROTECTED IN ACCORDANCEWITH APPLICABLE STANDARDS.SCALE: N.T.S.EXISTING SYMBOLS & UTILITIES LEGENDLIGHT POLEUTILITY POLEWATER VALVEUNDERGROUND ELECTRIC ANCHORHANDHOLEFENCE LINEELECTRICUGEUNDERGROUND FIBERUGFUNDERGROUND GAS LINEGASOHEOHFOHTOVERHEAD ELECTRIC OVERHEAD FIBEROVERHEAD TELCOUTILITY LINEPROPOSED SYMBOLS & UTILITIES LEGENDSTEEL POLEWOOD POLESTORM SEWER LINESANITARY SEWER LINETRANSFORMERWATERMAIN LINESIGNCATCH BASINDECIDUOUS TREEMONUMENT FOUNDMANHOLEFIRE HYDRANTTRAFFIC LIGHTCURB STOP VALVEPEDESTALCLIFF ROADPROPOSED UNDERGROUND 2" Ø FIBERCONDUIT WITH PULL ROPE FROMPROPOSED WOOD POLE TO CITY OWNEDBUILDING BY G.C., APPROX. 27 L.F.PROPOSED UNDERGROUND 2" Ø SCH 40POWER CONDUIT WITH PULL ROPE FROMPROPOSED WOOD POLE TO CITY OWNEDBUILDING BY G.C., APPROX. 27 L.F.PROPOSED WOOD POLE AND CITY OMNIANTENNA TO BE INSTALLED. SEE SHEETANT-1 FOR ADDITIONAL INFORMATION.PROPOSED GPS ANTENNA. SEE DETAIL1/S-1 FOR ADDITIONAL INFORMATION.EXISTING CITY WOOD POLE WITH ALARMEXISTING CITY WOOD POLE WITH OMNI ANTENNAUNDERGROUND FIBERUGFUGFUNDERGROUND POWERUGEUGEPROPOSED TGB MOUNTED INEXISTING JUNCTION BOX WITHINCITY OWNED BUILDING. SEE DETAILX/S-1 FOR ADDITIONALINFORMATION.EXISTING DRIVEWAYEXISTING CITY OWNEDBRICK BUILDING DESCRIPTIONREVISIONSSHEET NUMBERSHEET TITLEDATE:PROJECT #:CHECKED BY:DRAWN BY:NO.BYDATE-01ISSUED FOR REVIEWISSUED FOR FINALCONSTRUCTION UPDATES10/21/2011/02/2012/29/20JLRJLRJLRCITY OF EAGANWOOD POLE1311 CLIFF ROADEAGAN, MN 55123JLRTAZ10/19/20128-024PLANS PREPARED BY:PREPARED FORPHONE: (651) 982-4642 FAX: (651) 982-4261FOREST LAKE, MN 5502518995 FOREST BLVD. N.,PROPOSED SITEELEVATIONSANT-1SCALE: 1/8" = 1'-0" ±1PROPOSED WOOD POLE ELEVATION22" x 34" PRINT IS THE FULL SCALEFORMAT. ANY SIZE OTHER THANTHAT IS AT REDUCED SCALE.GRADEEXISTINGGRADEEXISTINGTOP OF OMNI ANTENNA:106'-0" ± A.G.L.PROPOSED 1" PVC SEAL-TITE CONDUITFOR POWER ROUTINGPROPOSED OMNI ANTENNASEE 2/S-1 FOR FORANTENNA SPECIFICATIONSPROPOSED 110'CLASS 2 POLETOP OF POLE:93'-0" ± A.G.L.17'-0"BURIED DEPTHPROPOSED U-GUARD FOR 1-1/2" ØCOAX CABLENOTES:1. CONTRACTOR TO FIELD VERIFY MOUNTING LOCATIONS OF ALL PROPOSED EQUIPMENT PRIOR TOCONSTRUCTION.2. PLEASE REFER TO STRUCTURAL ANALYSIS PREPARED BY TERRA CONSULTING GROUP DATED:OCTOBER 30, 2020TO CITY OWNEDBRICK BUILDINGPROPOSED UNDERGROUNDPOWER AND FIBER CONDUITS DESCRIPTIONREVISIONSSHEET NUMBERSHEET TITLEDATE:PROJECT #:CHECKED BY:DRAWN BY:NO.BYDATE-01ISSUED FOR REVIEWISSUED FOR FINALCONSTRUCTION UPDATES10/21/2011/02/2012/29/20JLRJLRJLRCITY OF EAGANWOOD POLE1311 CLIFF ROADEAGAN, MN 55123JLRTAZ10/19/20128-024PLANS PREPARED BY:PREPARED FORPHONE: (651) 982-4642 FAX: (651) 982-4261FOREST LAKE, MN 5502518995 FOREST BLVD. N.,SITEDETAILSS-112SCALE: 1/2" = 1'-0"ANTENNA MOUNTING DETAILPROPOSED 1" PVC SEAL-TITE CONDUITFOR POWER ROUTINGPROPOSED U-GUARD FOR 1-1/2" ØCOAX CABLEPROPOSED OMNI ANTENNASEE 2/S-1 FOR FORANTENNA SPECIFICATIONSFITS ROUND OR POLYGONPOLES 5" TO 36" DIAMETER2-3/8" O.D. OR OR4-1/2" O.D. PIPESINGLE SECTOR CHAIN MOUNT SITEPROMODEL # CHM1 OR APPROVED EQUALANDREW - DB810KE-SY 870-960MHz 10dDbFIBERGLASS OMNI ANTENNALENGTH: 201.5"WEIGHT: 35 LBSSCALE: N.T.S.GPS & ANTENNA SPECIFICATIONSTRIMBLE BULLET III GPS ANTENNADIMENSIONS: 3.05"D x 2.61"HWEIGHT: 7.0 OZCONNECTOR: F-TYPE & TNC (5V)-TNC 3.3V ONLYMOUNTING: 1"-14" THREAD OR 3/4" PIPE THREADCONDUITS FORELECTRICAL &ANTENNA SHARINGWHERE APPLICABLEUNDISTURBED SOILRETURN ORIGINAL MATERIAL TO TRENCH,COMPACT TO MAXIMUM DENSITY INACCORDANCE WITH ASTM D1557 1. 2.COMPACTED SAND (SEE NOTE 1)COMPACTED SAND BED (SEE NOTE 1)PROVIDE PANDUIT UNDERGROUND HAZARDTAPE (FOIL TYPE) 'CAUTION-ELECTRICALLINE BURIED BELOW' AT 1'-0" ABOVE SANDFOR THE ENTIRE LENGTH OF THE CONDUITRUNLCCA-17 COARSE AGGREGATE COMPACTEDTO 90% STANDARD PROCTOR12" (MIN)SEPARATION4"4"42" MINTRENCH 3.NOTES:SCALE: N.T.S.UTILITY TRENCH DETAILRESTORE SURFACE COARSE MATERIALAND BASE COARSE TO ORIGINALCONDITION AFTER INSTALLATION OFUTILITIES. GRADE SURFACE TO LEVEL.3 Ches Mar DriveCO. RD. 32 Cliff Road 101710303002 101710304002 104015001002 101710301002 101710403001101710402201101710202003 101710402101 101710401201 101710302002 101710401000 101710401101 Cliff Rd Booster Station Well House Driveway 195 ft Angle: 0 °198 ft Angle: 90 °203 ft Angle: 0 °233 ft Angle: 90 ° PROPOSED WOOD POLE AND CITY OMNI ANTENNA Map Date: 2/11/2021 Prepared By: City of Eagan Public Works Dept. 0 50 10025 Feet ENGINEERING SITE PLAN - CLIFF RD Proposed wood pole to Parcel: 101710302002 194.66 0 Proposed wood pole to Parcel: 101710401101 198.02 90 GPS antenna to Parcel: 101710302002 202.96 0 GPS antenna to Parcel: 101710401101 232.74 90 Feature DistanceAngle PROPOSED GPS ANTENNA EXISTING WOOD POLE & & & &&&&&&Ches Mar Drive101710203010 4566 CHES MAR DR 1017103020201304 DUNBERRY LN1017103020301300 DUNBERRY LN1017103020401296 DUNBERRY LN1017104010301254 DUNBERRY LN101710401011 1250 DUNBERRY LN 101710203020 4572 CHES MAR DR 101710401021 1252 DUNBERRY LN1017101021804563 CHESMAR DR101710401012 1250 DUNBERRY LN 104015002010 1311 CLIFF RD 101710400010 101710302050 1292 DUNBERRY LN 1017103020101308 DUNBERRY LN101710401022 1252 DUNBERRY LN1040150010101395 CLIFF RDCliff Rd Booster Station Well House Driveway 244 ft Ang l e : 7 5 ° 258 ft A n g l e : 6 8 ° 267 ft Angle: 95 ° 271 ft Angle: 90 °332 ft Angle: 340 °3 3 5 f t Ang l e : 3 0 9 ° 338 ft A n g l e : 5 9 °338 ft Angle: 351 °343 ft Angle: 7 °PROPOSED WOOD POLE AND CITY OMNI ANTENNA Map Date: 2/16/2021 Prepared By: City of Eagan Public Works Dept. 0 60 12030 Feet ENGINEERING SITE PLAN - CLIFF RD Wood pole to 1250 Dunberry Ln A 95 267.33 Wood pole to 1252 Dunberry Ln A 75 243.57 Wood pole to 1250 Dunberry Ln B 90 271.35 Wood pole to 1252 Dunberry Ln B 68 258.2 Wood pole to 1308 Dunberry Ln 340 331.88 Wood pole to 4572 Ches Mar Dr 309 334.73 Wood pole to 1254 Dunberry Ln 59 337.76 Wood pole to 1304 Dunberry Ln 351 338.03 Wood pole to 1300 Dunberry Ln 7 342.5 Feature AngleDistance PROPOSED GPS ANTENNA EXISTING WOOD POLE Deerwood Site: Cliff Booster Site: Proposed Temporary Pole Proposed Temporary Pole Advanced Metering Infrastructure (AMI) Residential Installation – Draft Schedule 2020 Q2 Completed draft schedule 2020 Q3 07/07/20 - PW Committee review of CIP change x AMI CUP needed for temp towers x Telecommunication Tower Study 07/21/20 - Council approve CIP change Purchase added radio equipment (two new locations) Update the path study to include the new tower locations Complete construction drawings and structural analysis 2020 Q4 Conditional Use Permit (IUP) – application and review (John G, Mike S) x Deerwood Reservoir x Cliff Booster Station Council approve IUP Develop Plans & Specs (P&S) 2021 Q1 Council approve P&S and authorize bid Implementation meetings with Sensus and LOGIS Bid open/close Council award contract Install Temporary Towers – final tower locations are tied to the Telecommunications Study x Deerwood Reservoir x Cliff Booster Station 2021 Q2 Install radios; first half of cycles 2021 Q3 Install radios; second half of cycles 2021 Q4 Contract punch list and close out Council approve final payment Begin annual meter exchange program 2022 Q1 Complete annual meter exchange program Sec. 11.70. - Performance Standards. Subd. 26. Antennae, satellite dishes, wind energy conversion systems and towers. A. Purpose. The regulations and requirements of this subdivision are intended to: 1. Provide for the appropriate location and development of antennae, satellite dishes, towers, and wind energy conversion systems which are often needed to serve the residents and businesses within the city; 2. Minimize adverse visual affects of antennae, satellite dishes, wind energy conversion systems and towers through careful design, siting, and screening; 3. Prevent damage to adjacent properties from the collapse or destruction of antennae, satellite dishes, wind energy conversion systems and towers; 4. Maximize the use of existing tower or structures in order to limit the number of freestanding towers; and 5. Provide restrictions and regulations that do not conflict with any federal statute or FCC rule or regulation. B. Building mounted antennae and satellite dishes. Building mounted antennae and satellite dishes shall be permitted in all zoning districts of the city, subject to the following requirements: 1. The height of any building mounted antenna or satellite dish, including its support structure, shall not exceed 50 percent of the total building height or 15 feet above the highest point of the roof, whichever is less; 2. Accessory equipment associated with a building mounted antenna or satellite dish shall be located within the building or within a roof or ground enclosure which is constructed of materials and color scheme compatible with the principal building; 3. Building mounted satellite dishes located within any agricultural district (A), estate district (E), residential district (R-1, R-1S, R-2, R-3, and R-4), public facilities (PF) district, or planned development district, within the area designated solely for residential uses under a planned development agreement (PD) shall not be larger than one meter (39 inches) in diameter; and 4. Building mounted satellite dishes and antennae located within any agricultural district (A); estate district (E); residential district (R-1, R-1S, R-2, R-3, and R-4); public facilities district (PF); or planned development district within the area designated solely for residential uses under a planned development agreement (PD) shall not be used for commercial purposes. C. Public utility tower mounted antennae. Public utility tower mounted antennae shall be a permitted use in all zoning districts of the city in which the public utility tower is located, subject to the following requirements: 1. The height of any antennae mounted to a public utility tower shall not exceed 20 feet above the highest point of the public utility tower. 2. Accessory equipment associated with the antennae shall be located within an enclosure which shall not be greater in area than 400 square feet and shall be designed and constructed of material and color scheme compatible with accessory structures on the surrounding properties. 3. Notwithstanding any provision to the contrary in this subdivision, a freestanding tower for the purpose of elevating an antennae shall be a permitted use in all zoning districts of the city in which a public utility tower is located, as defined in this chapter, provided that it is located within the base area of the public utility tower and directly surrounded by the support structure of the public utility tower and meets all of the requirements in this subparagraph. D. Freestanding satellite dishes. Freestanding satellite dishes shall be permitted in all zoning districts, subject to the following requirements: 1. Freestanding satellite dishes shall be located in the rear yard; 2. Accessory equipment associated with a freestanding satellite dish shall be located within the principal building or within an enclosure which is constructed of materials and color scheme compatible with the principal building or within an equipment encasement not exceeding 10 feet (w) × 10 feet (l) × 5 feet (h) in size; 3. Satellite dishes and any accessory equipment enclosures shall meet the setback requirements for accessory structures as set forth in this chapter of the Code; 4. Satellite dishes and accessory equipment enclosures shall not be located within any utility or drainage easement; and 5. Freestanding satellite dishes located within any agricultural district (A); estate district (E); residential district (R-1, R-1S, R-2, and R-3); or planned development district within the area designated solely for residential uses under a planned development agreement (PD) shall not be used for commercial purposes. 6. Freestanding satellite dishes shall not exceed 15 feet in height. E. Freestanding towers and antennae. 1. Freestanding towers and antennae in residential use districts. Freestanding towers and antennae shall be permitted as an accessory use only in agricultural districts (A); estate districts (E); residential districts (R-1, R-1S, R-2, R-3, and R-4); and planned development districts (PD) within the area which is designated solely for residential uses under a planned development agreement, subject to the following requirements: (a) The combined height of a freestanding tower and any antenna mounted thereto shall not exceed 60 feet, in height, measured from ground elevation of the tower to the highest point of the tower, including any antenna mounted thereto; (b) Permanent platforms or structures, exclusive of antennae, that increase off-site visibility are prohibited; (c) No more than one freestanding tower shall be permitted on any one residential lot; (d) All setback requirements for accessory structures, as set forth in this chapter, shall be met, provided the minimum setback distance from a residential structure shall be equal to the permissible height of the tower; (e) The tower shall be located in the rear yard; (f) The tower shall be self supporting through the use of a design that uses an open frame or monopole configuration; (g) No tower shall be used for commercial purposes. 2. Freestanding towers and antennae in non-residential use districts. Notwithstanding paragraph (1) herein, freestanding towers and antennae shall be permitted pursuant to a conditional use permit approved by city council only in limited industrial districts (I-1); general industrial districts (I-2); park district (P); public facility districts (PF) and planned development districts within the area designated solely for industrial uses under a planned development agreement (PD), provided an antenna shall be a permitted use in a public facility (PF) provided the antenna is placed or mounted on a city water reservoir tank or tower. Freestanding towers and antennae permitted under this paragraph shall be subject to the following requirements: (a) The combined height of any freestanding tower and antennae or satellite dishes mounted thereto shall not exceed: Skywood/Deerwood Res. Site Cliff Rd Booster Site (i) 100 feet, measured from ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination; or (ii) 125 feet, measured from ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination, provided the tower is designed to: (A) Accommodate the applicant's antennae and at least one additional comparable antennae for other communication providers; (B) Accept antennae mounted at varying heights; and (C) Allow the future rearrangement of antennae upon the tower. (iii) 150 feet, measured from ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination, provided the tower is designed to: (A) Accommodate the applicant's antennae and at least two additional comparable antennae for other communication providers. (b) All setback requirements for any accessory equipment building or structure shall be met as set forth in this chapter, provided the minimum setback distance of the tower from any property line of a parcel or lot within a residential use district shall be equal to two times the height of the tower or 300 feet, whichever is greater; (c) The tower shall be located in the rear yard; (d) The tower shall be self-supporting through the use of a design that uses an open- frame or monopole configuration; (e) Permanent platforms or structures, exclusive of the tower or antennae, that increase off-site visibility are prohibited; (f) Existing vegetation on the site shall be preserved to the greatest possible extent practical; (g) Accessory equipment associated with freestanding towers and antennae shall be located within an equipment building constructed of materials and color compatible with principal building and surrounding area or within an equipment encasement not exceeding 10 feet (w) by 10 feet (l) by five feet (h) in size. (h) The applicant shall provide a color manipulated "as built" photograph of the tower as proposed for the location. (i) No new tower shall be permitted unless the city council finds that the equipment planned for the proposed tower cannot be accommodated at any preferred co-location site. The city council may find that a preferred co-location site cannot accommodate the planned equipment for the following reasons: (i) The planned equipment would exceed the structural capacity of the preferred co- location site, and the preferred co-location site cannot be reinforced, modified, or replaced to accommodate the planned equipment or its equivalent at a reasonable cost, as certified by a qualified radio frequency engineer; (ii) The planned equipment would interfere significantly with the usability of existing or approved equipment at the preferred co-location site, and the interference cannot be prevented at a reasonable cost, as certified by a qualified radio frequency engineer; (iii) A preferred co-location site cannot accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified radio frequency engineer; or (iv) The applicant, after a good-faith effort, is unable to lease, purchase or otherwise obtain space for the planned equipment at a preferred co-location site. F. Wind energy conversion systems. Wind energy conversion systems shall be permitted only in agricultural districts (A); limited industrial districts (I-1); general industrial districts (I-2); public facility districts (PF) and planned development districts within the area designated solely for industrial uses under a planned development agreement (PD) pursuant to a conditional use permit approved by city council subject to the following requirements: 1. The system shall not exceed a height of 100 feet; 2. All setback requirements for accessory structures as set forth in this Code shall be met, provided the minimum setback distance from any residential structure shall be equal to two times the height of the main structure of the system; 3. All systems shall have an automatic speed control device as part of the design; 4. All systems shall comply with the Minnesota Pollution Control Agency's Noise Pollution Section (NPC 1 and NPC 2), as amended; and 5. Any wind energy conversion system which utilizes a propeller shall have neither a blade rotation diameter of greater than 35 feet nor a blade arc less than 30 feet above the ground. G. General standards. All antennae, satellite dishes, towers, and wind energy conversion systems shall be subject to the following additional requirements: 1. Location and color shall be in a manner to minimize off-site visibility to the greatest possible extent; 2. Compliance with all applicable provisions of the Code, including the provisions of the state building code therein adopted, in addition to the requirements set out in this subdivision; 3. No signs, other than for public safety warnings or equipment information, shall be affixed to any portion thereof; 4. No artificial illumination, except when required by law or by a governmental agency to protect the public's health and safety, shall be utilized; 5. The placement of transmitting, receiving and switching equipment shall be integrated within the site, being located within an existing structure whenever possible; any new accessory equipment structure shall be attached to the principal building, if possible, and constructed of materials and of a color scheme compatible with the principal structure and/or surrounding area or within an equipment encasement not exceeding 10 feet (w), by 10 feet (l), by five feet (h), in size; 6. Accessory equipment or buildings shall be screened by suitable landscaping, as set forth in this chapter, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood; 7. Building permits shall be required for the installation of building mounted satellite dishes in excess of five feet in diameter, towers, and wind energy conversion systems; 8. Structural design, mounting and installation of a tower, antenna or satellite dish which requires a building permit shall be verified and approved by a qualified licensed engineer; and 9. Towers, and any equipment attached thereto, shall be unclimbable by design for the first 12 feet or completely surrounded by a six feet high security fence with a lockable gate. IUP Summary Memo December 30, 2020 AUTOMATED METERING INFRASTRUCTURE INTERUM USE PERMIT (IUP) Application to address the placement of temporary towers upon City property at 1311 Cliff Road and 1683 Skywood Lane. BACKGROUND: x On May 12, 2020, the City Council received an update from staff to enable their consideration of implementing an Advanced Metering Infrastructure (AMI) or alternative water meter reading options for residential water meters. Council directed staff to migrate all residential water meter reading to the automated radio reading system (AMI) utilized for commercial, industrial, and institutional water customers. x Implementation of an AMI water meter reading system requires the use of antennas to receive the signals from the individual meters and forward the collected data to the City’s Utility Billing system. x The Sperry Tower is currently being utilized to read all non-residential water meters as part of the City’s AMI system for commercial/industrial/institutional water meters. Through discussions with engineering consultants, City staff have the understanding that it is likely that two new telecommunications towers will be needed to have an AMI system that will read all residential water customers within the City. x It is important to implement the transformation to the AMI water meter reading as the current walk-by water meter reading services ends. Temporary antennas will need to be placed early in the system design process so meters may be configured appropriately to ensure all meters are being read at the time of the switch over to the new system. x Staff has the understanding that temporary antennas will need to be placed by the spring of 2021 in order to coordinate a transformation to AMI meter reading with the scheduled end of current meter reading services on December 31, 2021. Temporary antennas for the residential AMI system are proposed to be installed at the Deerwood reservoir and Cliff Booster Station sites. Antenna heights are estimated to be 100 feet at the Cliff Booster Station and 140 feet at the Deerwood reservoir. x Per city Ordinance, Conditional or Interim Use Permits may be required for the construction of telecommunications towers in excess of a height of 50-60 feet. Heights in excess of 100 feet may require a variance. x The PW Committee directed staff to utilize a CUP versus a variance. After additional discussion by the PW Director and City Planner, it was decided an IUP was more appropriate than a CUP. x Public Works staff will continue to work with Community Development staff to complete the appropriate process for the placement of the temporary poles/towers. Agenda Information Memo March 2, 2021, Eagan City Council Meeting NEW BUSINESS C. Planned Development Amendment – Foundation Hill Montessori Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow a child daycare and preschool upon 1.7 acres located at 1552 Quarry Road, legally described as Lot 2, Block 1, Quarry Road 2nd Addition, subject to the conditions listed in the APC minutes. Required Vote For Approval:  Planned Development Amendment – At least three (3) votes Facts:  The applicant proposes to construct a 16,308 square foot child daycare and preschool. The building is in the north central part of the site with parking to the south and the play yards to the north and west.  The property is the remaining undeveloped lot within the 24-acre Quarry Road Planned Development (2016). The Preliminary Planned Development for the property was amended 2017, and this site was replatted with the development of the Aldi grocery store along Yankee Doodle Road. The subject lot was identified for a medical office use.  Access is via two private drives that connect to Quarry Road. The westerly drive also connects to Yankee Doodle Road, which provides a right-turn only into the Quarry Road development.  The proposed use appears consistent with the policy objectives of the Central Commons Special Area Plan within the Comprehensive Plan.  Typical City Code standards are largely satisfied with some modifications for the Final Planned Development. The Applicant requests the following deviations: o Building setbacks from Quarry Road less than 40 feet, and o Business name on the header of the post clock at the northwest corner of the site.  The Applicant has put forth the following public benefits of the Planned Development: o High quality childcare centers are a critical part of a thriving society. o The Montessori based childcare center would fill a market need in the Eagan community. o The applicant operates other such centers with “high customer satisfaction.” o The center will employ 40-45 staff members at operational capacity. o The location is well suited to the use, which could bring customers from neighboring communities to the area.  Preliminary Tree Preservation, Landscaping and Preliminary Site Lighting Plans are acceptable with some modifications. Tree mitigation of 10.5 Category A trees is required in addition to landscaping.  The Grading, Preliminary Utility and Stormwater Drainage Plans are acceptable with some modifications and conditions. Stormwater flows to the pond north of Quarry Road.  Cash park dedication will be due at the time of Building Permit. Trail dedication was previously satisfied.  The Advisory Planning Commission held a public hearing on the request at the February 23, 2021 meeting, and did recommend approval (6-0). 60-Day Agency Action Deadline:  March 21, 2021 Attachments: (4) NBC-1 Location Map NBC-2 Draft February 23, 2021, APC Minutes NBC-3 Planning Report NBC-4 Report Exhibits FA R N U M TOWNCENTREDRIVEMARICE DR FEDERALDRIVEQUARRYCT.DONALD AVEPOPPLER LANEB O A R D W A L KSTATE TRUNK HWY. NO. 13LOON LANEDONALD CO U RTTOWN CENTRE DRCTMEADOWVIEWROAD CRESTRIDGE DRDONALD AVEMARICECTLETENDRE ST AS H B URY CTBIRCHPONDRD TOWERVIEW ROAD TOWERVIEW ROAD NORTHJURDYCT LEMIEUX CIR DRIVE NORWEST LETENDRE ST ST.CHARLESPLACECRE STRIDGE LANE C E N T R A L P AR KW AYALDENPONDLANELANEKRESTWOOD LNCOACHMANROADSHERMAN COURTSURREYHEI GHTSDR IV E JURDY ROA D VIOLET LANE PARK P L PINERIDGEDRIVEC.S.A.H. NO. 31 (PILOT KNOB ROAD)ASHBURY ROAD COACHMANROADHUNT DRIVE FEDERALDRIVEDUCKWOOD DR L AKEVIEWTRAIL COACH M A NROADPACIFICAVE FEDERAL DRIVEHIGH -S I TE DRIVE BOARDWALKCOUNTY ROAD NO. 28 (YANKEE DOO DLE ROAD)WOODLARK LANEQUARRY S JU R D Y CT FOUR OAKS RD C.S.A.H. NO. 31 (PILOT KNOB ROAD)DUCKWOOD DRFEDERAL DRIVEM CCARTHYROADCOACH M A NROADQUARRY RD COUNTY ROAD NO.28 (YANKEE DOODLE ROAD) RED CEDAR ROAD COACHMANROADDENMARK AVEWA S HINGTONDRIVESHIELDSDR.J URDYROADDENMARK AVECROSSROADCT.CHERRYWOOD CT81ST ST W CENTURY POINT CRESTRI DG E C T MCCART H Y R D DENMARK AVEBALTICAVEPilotKnob Park CentralPark Park MoonshinePark Quarry Park Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Foundation Hill MontessoriRequest: Planned Development AmendmentFile No.: 09-PA -01-01-21 Subject Site Advisory Planning Commission February 23, 2021 Page 8 of 24 D. Foundation Hill Montessori & Childcare Applicant Name: Murlidhar Nagwani, Griffen Eagan LLC Location: 1552 Quarry Rd; Lot 2, Block 1, Quarry Road 2nd Addition Application: Planned Development Amendment A Planned Development Amendment to allow a child daycare and preschool. File Number: 09-PA-01-01-21 Planner Pam Dudziak introduced this item and highlighted the information presented in the City Staff report dated February 18, 2021. The Applicant, Murli Nagwani, provided a history of their businesses noting they have two existing childcare locations and spoke to the reasons to the proposed deviations. He added a second indoor gym is proposed within the building, noting many centers do not offer any indoor gym space. Chair Sagstetter opened the public hearing. There being no public comment, Chair Sagstetter closed the public hearing and turned the discussion back to the Commission. Vice Chair Jensen noted he is supporting the proposal. He said the proposal appears to meet many goals of the city and fits the site well. Secretary Whisnant also said she plans to support the proposal. She likes the idea of the opportunity with the intergenerational plans with the seniors nearby. Member Vanderpoel said she was not as enthusiastic about a daycare in the location, however, given this is the last pad site available in the area it is better than previous proposals. She typically does not like deviations but will support. There being no further public comment, Chair Sagstetter closed the public hearing and turned the discussion back to the Commission. Member Francis moved, Member Goff seconded a motion to recommend approval of a of a Planned Development Amendment to allow a child daycare and preschool upon 1.7 acres of land located at 1552 Quarry Road, on property legally described as Lot 2, Block 1 Quarry Rd 2nd Addition, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder’s office. The following exhibits shall be made part of the Agreement: • Site Plan Advisory Planning Commission February 23, 2021 Page 9 of 24 • Building Elevations • Signage Plan • Landscape and Tree Mitigation Plan • Site Lighting Plan 2. A Final Planned Development shall be required prior to issuance of a Building Permit. The following plans are required for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Signage Plan • Final Lighting Plan 3. The playground fence shall be a decorative metal style rather than chain link and final fence design details shall be provided at the time of Final Planned Development. 4. The Final Building Elevations shall be revised to incorporate additional vertical elements to meet the standard of such visual breaks every 40-feet. 5. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 6. The trash enclosure shall comply with the City Code standards and full compliance will be evaluated at the time of Building Permit application. 7. The Final Landscape Plan should be revised to show the utility and grading layers, incorporate some shrubs and evergreen materials within the foundation landscaping, 8. The development shall provide tree mitigation in the amount of 10.5 Category A trees. The required mitigation shall be provided through on-site planting, a cash dedication in lieu of on- site planting, or a combination thereof, subject to approval of the City Forester. 9. Tree mitigation shall be provided in addition to required landscaping. At the time of Final Planned Development the Final Landscape and Tree Mitigation Plan shall provide the value of plant materials relative to the building value, to demonstrate how that landscape requirements are met, and what combination of trees and cash dedication is acceptable to satisfy mitigation requirements. 10. A revised Site Lighting Plan shall be provided with the Final Planned Development that includes pole-mounted fixture height of not more than 30 feet, an average to minimum ratio for the parking lot area of not more than 4.0 footcandles, fixture specifications, and a reduction in light spillover at the west end of the site. Advisory Planning Commission February 23, 2021 Page 10 of 24 11. A revised Sign Plan consistent with City Code standards shall be provided with the Final Planned Development and building signage shall be accurately depicted on the Building Elevations. 12. A Sign Permit shall be required prior to installation of any signs, and compliance with the City Sign Code shall be demonstrated at that time. 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. 15. The development shall be subject to a cash park dedication payable at the time of Building Permit at the rates then in effect. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 18, 2021 CASE: 09-PA-01-01-21 APPLICANT: Griffen Eagan LLC HEARING DATE: February23, 2021 PROPERTY OWNER: United Properties APPLICATION DATE: January 20, 2021 REQUEST: Planned Development Amendment PREPARED BY: Pam Dudziak LOCATION: 1552 Quarry Road (Lot 2, Block 1, Quarry Road 2nd Addition) 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 allow the construction of a child daycare and preschool upon 1.7 acres of land located at 1552 Quarry Road, on property legally described as Lot 2, Block 1 Quarry Road 2nd Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND/HISTORY The 24-acre Quarry Road Preliminary Planned Development was approved in 2016. Quarry Road Addition was originally platted in 2017 as part of a four-lot development on approximately 24-acres. The subject site is part of the southeast quadrant of the Quarry Road development, and was approved for approximately 43,000 square feet of retail, with a pylon sign and possible drive-through facility. Planning Report – Foundation Hill Montessori February 23, 2021 Page 2 The southeast quadrant was subdivided later in 2017 as Quarry Road 2nd Addition, and the two- lot subdivision split the property into a northern and southern parcel. The southern parcel, Lot 1, Block 1, Quarry Road 2nd Addition has developed with a 22,000 square foot Aldi grocery store abutting Yankee Doodle Road as part of a Planned Development Amendment. In addition to Aldi on the southern of the two parcels, the Amendment identified the northern parcel for use as an approximately 12,000 square foot medical office building on the subject property. The Amendment also eliminated the drive-through service and retained a shared pylon sign in the southeast corner of the property. This is the final remaining, undeveloped site within the Quarry Road Planned Development. The adjacent property to the west has been developed as a four-story, 127-unit hotel and the two parcels to the north of Quarry Road contain multi-family residential apartments. As previously mentioned, an Aldi grocery store is located to the south. The Aldi building is placed along the west edge of Lot 1 with the parking field to the east. While the 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 design was approved via the Planned Development. In 2019, the City received a proposal for an indoor self-storage facility on the subject site, which was withdrawn, with no action from the City Council. The City Council meeting minutes indicate a concern that the proposed self-storage was inconsistent with policy objectives of the Central Commons Special Area Plan as an active, mixed use and walkable destination area. With apparent lack of Council support for the proposal, the applicant withdrew the application at the meeting. Unless otherwise specified, Community Shopping Center (CSC) zoning standards apply to the development of this property. Per the conditions of the Preliminary Planned Development, a building height maximum of 35 feet applies, trash storage must be attached to the principal building, and mechanical equipment must be screened per City Code standards including a 30- inch parapet on the building. EXISTING CONDITIONS The site has been graded and installation of streets and utilities is complete. Access to the property is from Quarry Road to the north and a right-in only access from Yankee Doodle Road. The site is surrounded by the public street to the north and private drives on the south, east and west. A public trail easement is in place for the trail along the west edge of the site. Cross-easements for ingress/egress have also been provided between the subject property and the parcel to the south. Planning Report – Foundation Hill Montessori February 23, 2021 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Multi-family PD, Planned Development SQ/MU, Special Area/Mixed Use South Retail (Aldi grocery) PD, Planned Development SA/MU, Special Area, Mixed Use East Yankee Doodle Professional Building PD, Planned Development MO, Major Office West Hotel (Residence Inn) PD, Planned Development SA/MU, Special Area/Mixed Use EVALUATION OF REQUEST Description of Proposal – The applicant is proposing to construct a child daycare and preschool facility on the property. The building is on the north central part of the site, with the play yard to the north and west. Parking is located south of the building. Access is at the southwest corner of the site via a private drive to the west, which connects to Quarry Road to the north and Yankee Doodle Road to the south. The single-story building is approximately 16,308 square feet and according to the applicant’s narrative, the facility will have ten classrooms, two indoor playrooms/gyms, and two outdoor playgrounds. In addition, the center will have a license capacity of 190 children from infants to pre-Kindergarten and ages six weeks to six years. Applicant’s Narrative – The Applicant’s narrative indicates the proposed use fits well with the surrounding area, particularly the grocery store and apartments, and the site affords good accessibility to the center, and high visibility and direct access from Yankee Doodle Road are not necessary for this use. Additionally, the childcare center provides intergenerational appeal to the nearby senior residents at Applewood Point and Grammercy. Comprehensive Plan and Compatibility with Surrounding Area – The property is guided Retail Commercial within the Central Commons Special Area, and child day care centers are typically considered a conditional use in commercial zoning districts. The proposed childcare center and preschool appears compatible with the surrounding area. The site is in proximity to both the 2016 Central Park Commons center anchored by Hy-Vee and Fairview Medical clinic, and the 2017 Quarry Road development. Both of these developments have created a new dynamic and pedestrian-friendly area that is generally responsive to the Vision Plan of the Central Commons Special Area Plan, which states, “The Central Commons area is envisioned to be an active, mixed use and walkable destination for people of all ages within and outside of Eagan. It is a place with a mixture of uses including residential, commercial, employment and park.” Planning Report – Foundation Hill Montessori February 23, 2021 Page 4 Public Benefit – The narrative describes several benefits of the proposed development in detail and include the following: • High quality childcare centers are a critical part of a thriving society • The Montessori based childcare center would fill a market need in the Eagan community • The applicant operates other such centers with “high customer satisfaction” • The center will employ 40-45 staff members at operational capacity • The location is well suited to the use, which could bring customers from neighboring communities to the area. Airport Compatibility – 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. Site Plan – The building is oriented with the main entrance facing the parking lot to the south. The parking lot provides 43 stalls. The outdoor playground areas are located to the north and west of the building and are enclosed by a five-foot black coated chain link fence. With the playground in a front yard adjacent to Quarry Road, the fence should be a decorative metal style rather than chain link. Final fence design should be provided at the time of Final Planned Development. A new sidewalk extends into the site from the existing sidewalk along the edge of the private street, ending at the westerly driveway to the parking lot. A trash enclosure is attached at the southwest corner of the building. The Quarry Road 2nd Addition Planned Development Amendment incorporated a small pedestrian plaza at the northwest corner of this lot at the private street intersection with Quarry Road. This element was seen as contributing to walkability, placemaking, and pedestrian friendly environment. The applicant’s narrative indicates that the plaza is less appropriate with the change in use from a medical office to a child daycare with the playground adjacent, and the corner is better suited for landscaping and trees. However, the applicant is proposing a post clock at the northwest corner, which will contribute to visual interest and a sense of place in this location. The clock is about ten to twelve feet in height, meets a minimum ten-foot setback and does not encroach into the drainage and utility easement. Bulk Standards – As a Planned Development (PD), deviations from typical zoning bulk standards may be allowed. The Community Shopping Center (CSC), bulk zoning standards have been utilized to review the proposed redevelopment. Setbacks – Applying CSC zoning standards, the minimum setbacks are is 40 feet from Quarry Road (front yard), ten feet in the side yard and 20 feet in the rear yard. Typical parking setbacks are 20 feet from public rights-of-way and five feet from side and rear lot lines. The proposal satisfies these minimum side and rear yard setbacks, however, a reduced setback from the Quarry Road right-of-way is proposed. This is illustrated on the Conforming Site Plan identifying the areas where the building setback is less than 40 feet. The discrepancy is greatest at the west end of the building where the setback is proposed to Planning Report – Foundation Hill Montessori February 23, 2021 Page 5 be just under 25 feet. At the east end of the building the proposed setback is 36 feet. The applicant’s narrative describes the reasons and impact of the reduced setback which include benefits of placing the building north with the parking to the south, the wide boulevard to the street, the total building area that encroaches into the setback area, and impact on the business operations if the building were downsized accordingly. In general, the Central Area Commons Special Area Plan encourages orientation of buildings to the public street with parking and service areas behind the building. The acceptability of this deviation is a policy matter for City officials and can be accommodated through the Planned Development zoning. Building Coverage – The medical office approved for the site provided 16.3 percent building coverage whereas CSC zoning allows 30 percent. The proposed childcare center provides 22 percent building coverage and is consistent with typical zoning standards. Building Height – The CSC zoning allows for buildings 35 feet in height. For buildings with a pitched roof, height is measured to the mean roof height. By this measure, the proposed building height is roughly 20.5 feet and is acceptable. The proposed childcare building is 29.25 feet to the peak of the pitched roof and 12 feet to the top of the walls. Green Space – The green space standard serves both aesthetic and water management purposes, allowing for landscaping, setbacks, and permeable ground area. The original Planned Development showed green space of 25 percent and the medical office further reduced that to 21 percent. Typical CSC zoning requirements is minimum 30 percent green space. The proposed development plans show 32.05 percent pervious area. In addition to the landscaped areas, this figure includes the outdoor play area which is surfaced with artificial turf to provide a low maintenance “lawn” for both aesthetic and functional purposes. Building Elevations/Architecture – City Code requires use of at least two Class I materials comprising at least 65 percent of the building exterior, and not more than 35 percent Class II or III materials. All exterior vertical surfaces must have similar or equally attractive finish. In addition, all buildings must be designed with multiple planes, multiple sections of coordinating materials, or both to add visual interest every 40 feet. Architecture - The one-story building has a pitched roof with gables on all sides. The gables provide visual interest and varied roof line, as well as accenting the main building entrance and providing a surface for building signage. At 240 feet long, the north and south building facades are expansive. The north elevation facing Quarry Road has vertical offsets giving depth and visual interest to that façade; the south elevation lacks similar relief. Windows and changes in materials provide vertical elements and more vertical breaks should be added to meet the standard of every 40 feet. Planning Report – Foundation Hill Montessori February 23, 2021 Page 6 Exterior Materials - Exterior materials are proposed to be brick and glass (Class I), and rock- faced block (Class II). The roof is surfaced with asphalt shingles. The gables are finished with an EIFS material (Class III). All materials are acceptable per typical City Code standards. Class I materials comprise 66.4 percent of the building exterior, with the Class III EIFS being 21.9 percent. Solar - The applicant’s narrative indicates an intent to install solar panels on the roof. Section 11.70, Subd. 26A allows for roof-mounted solar panels as a permitted accessory use in all zoning districts and sets forth specific performance standards for their use which will be evaluated at the time of Building Permit. Building Address Numbers – Building address numbers should be installed consistent with the provisions of Section 2.78 of City Code. Trash Storage – Trash storage is located within an approximately 20-foot by nine-foot enclosure attached to the building. The enclosure is proposed to be constructed of masonry materials to match the principal building, with synthetic wood opaque gates, and appears to satisfy other performance standard in the City Code. Full compliance with the City Code will be evaluated at the time of Building Permit application. Mechanical Equipment – City Code requires both rooftop and ground mounted mechanical equipment to be screened, and the proposal appears acceptable in this regard. The building architecture provides a pitched roof design and no rooftop equipment is proposed. Ground mounted air conditioner condenser units are located on the north side of the building and are proposed to be screened by a four-foot high vinyl privacy fence. Parking – The Site Plan provides 43 parking stalls. This is consistent with the typical standard for daycare facilities of ten parking stalls plus one stall for each 500 square feet of building. The parking stalls and drive aisle satisfy the City Code dimensional standards of ten-foot wide by 19-foot deep (10’ x 19’) stall size and minimum 24-foot wide drive aisle. Child daycare centers often keep circulator vans on the property to transport children to and from elementary schools in the area. Although the applicant’s narrative does not address this specific point, City Code permits up to three such vans provided the vehicles fit within in a regular parking stall. Landscaping – The submitted Landscape Plan appears acceptable with some modification. The northern edge of the property contains a variety of trees on the outside of the retaining wall. There is limited growing space in that location, and the selection of plant materials appears to take that into account, with trees being overstory or columnar form so as not to conflict with the sidewalk or retaining wall. Planning Report – Foundation Hill Montessori February 23, 2021 Page 7 Ornamental trees are proposed at the ends of the parking rows, and a variety of grasses are proposed around the foundation of the building. The foundation landscaping should include greater variety and utilize some shrubs and evergreen materials. The play yard area is proposed to be surfaced with artificial turf. No trees are proposed within the play area. The Final Landscape Plan should be revised to show the utility and grading layers and provide the value of plant materials relative to the building value to demonstrate that minimum landscape standards are satisfied, and incorporate some shrubs and evergreen materials within the foundation landscaping. Tree Preservation – This site has been graded and is void of trees. An approved Tree Preservation and Mitigation Plan was provided with the initial 2017 Quarry Road Addition subdivision which provided for 25 Category A trees (equivalent to 50 Category B trees) on the southeast quadrant. Subsequent revisions to the Tree Mitigation Plan with the Quarry Road 2nd Addition subdivision resulted in the installation of an equivalent of 14.5 Category A trees on Lot 1 (Aldi). Thus, the remaining balance of mitigation due for the subject site (Lot 2) calculates to 10.5 Category A trees. The applicant is proposing to install four Category A Trees toward fulfilling required tree mitigation, with a cash dedication in lieu of planting for the balance of 6.5 Category A trees. The proposed Landscape Plan provides an additional 19 Category B trees and the applicant has requested consideration be given for more trees fulfilling the mitigation requirement. The Tree Preservation Ordinance requires mitigation to be provided in addition to required landscaping. The Landscape Ordinance identifies the expected investment in plant materials to be equivalent to 3 percent of the building value. At the time of Final Planned Development these calculations should be provided on the Final Landscape and Tree Mitigation Plan to assist in determining if more trees can be counted toward the required mitigation, and how much is ultimately provided as cash dedication. Site Lighting – City Code requires lighting for security, safety and traffic circulation. Illumination should be indirect and diffused. Lighting should not be directed upon public rights-of-way or adjacent properties, and the source of light should not be visible from off the property. The proposed lighting plan appears acceptable. The proposed photometric plan shows light levels within the parking lot achieve a minimum of 0.5 footcandles throughout, and do not exceed 1.0 footcandle at the property lines. There is one exception at the west end of the property where light levels above 1.0 footcandle extend onto the adjacent property and right-of-way, casting additional light upon adjacent trails and dropping below 1.0 footcandle at the edge of the curb. The applicant should explore whether adjustments to the light or fixtures in those areas can reduce the light spillover. Planning Report – Foundation Hill Montessori February 23, 2021 Page 8 As a measure of light uniformity, the average to minimum ratio within the parking area should not exceed 4.0 footcandles. The photometric plan shows a ratio of 5.47, although it is unclear whether that applies to the entire site or just the parking lot. The proposed light fixtures are LED and all appear to be downcast such that the source of light should not be visible. Pole-mounted fixtures are proposed at the south edge and west ends of the property. Wall-mounted fixtures are proposed around the building and illuminate the play areas and building entrances and exits. Pole-mounted fixtures should not exceed a height of 30 feet. A revised Site Lighting Plan should be provided with the Final Planned Development that includes pole-mounted fixture height of not more than 30 feet, an average to minimum ratio for the parking lot area of not more than 4.0 footcandles, fixture specification information, and a reduction in light spillover at the west end of the site. Signage – This Planned Development required building signage to comply with typical City Code standards. The Quarry Road 2nd Addition Amendment to the Planned Development did allow for a shared free-standing pylon sign on the south edge of Lot 1. An easement for the shared sign is already in place. The sign was constructed with the Aldi development, and the applicant proposes to install a panel on the existing sign structure. For single-occupant buildings, City Code allows signage on two elevations, and product signs must be subordinate to business name signs. The applicant is proposing signage on the south and north elevations of the building. A business name sign will be placed on both elevations, and the north elevation will also have a “product sign” identifying the service provided such as “Infants, Toddlers, and Preschoolers,” or a similar message. Placement and size of the signs generally appear consistent with typical City Code standards. The applicant proposes to customize the clock in the northwest corner of the site with the header “Foundation Hill” above the clock face. However, doing so would be considered a sign under the City Code. The applicant is requesting a deviation through the Planned Development zoning to allow the clock header. The acceptability of this request is a policy matter for City officials. A revised Sign Plan consistent with City Code standards should be provided with the Final Planned Development and building signage should also be accurately depicted on the Building Elevations. A Sign Permit is required prior to installation of any signs, and compliance with the City Sign Code should be demonstrated at that time. Grading/ Topography – The site was previously rough graded with the initial construction of the overall development and contains no trees. The preliminary grading plan is acceptable and only proposes minor grading modifications and the installation of two retaining walls along the north side of the site that range from one to six feet tall. The entire site will drain to the Planning Report – Foundation Hill Montessori February 23, 2021 Page 9 stormwater pond that was constructed on Lots 1 and 2, Block 1, Quarry Road Addition. The proposed elevations range from approximately 856 to 866 feet. 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 private storm sewer system to the public system that was constructed with the Quarry Road Addition. The storm water from this site will flow to the pond located in the 1st Addition to the north. Overflow from that pond will flow 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 Section 11.67, wetland protection and management regulations, does not apply. Stormwater Management/Water Quality – Stormwater runoff from this site will drain via the private and public storm sewer system into the public pond located to the north in the 1st addition, which 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 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.). Sanitary Sewer/Water Main – The preliminary utility plan is acceptable, with modification. 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. It appears hydrant coverage is a little light on the west side of the building. Planning Report – Foundation Hill Montessori February 23, 2021 Page 10 Streets/Access/Transportation – Access for this site will be to Quarry Road and the private street that is a “right-in” from Yankee Road. The parking lots in this subdivision will be shared between Lots 1 and 2. There is currently a private maintenance agreement and cross-easements for ingress/egress for the shared parking lot. Pedestrian access and circulation are proposed to be provided through internal sidewalk connections to the trails along the west side of the site and the trail along Quarry Road. Easements/ Right-of-Way – All required right-of-way along Quarry Road and Yankee Doodle Road was provided with the Quarry Road Addition. Drainage and utility easements were previously provided for this property. The east end of the playground fence is located two feet into the ten-foot drainage and utility easement to accommodate the required safety zone for the playground equipment. Fences can be placed within the drainage and utility easement without an encroachment agreement. 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 – The development is subject to a cash park dedication payable at the time of Building Permit at the rates then in effect. The 2021 park dedication rate for commercial development is $1,016 per 1,000 square feet of building area. Trail dedication was satisfied with the construction of public trails with the Quarry Road Addition development. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow an approximately 16,308 square foot single-story childcare facility upon Lot 2, Block 1, Quarry Road 2nd Addition. The existing Planned Development allows a medical office use, and the Amendment is necessary for the change in use and different site layout. The proposed childcare and preschool use appears to be compatible with adjacent commercial, office and multi-family residential uses, and is consistent with the underlying Retail Commercial land use designation. The Site Plan provides building placement in the central part of the property, with the outdoor play areas to the north and west, and parking lot to the south. Existing easements provide for access via a shared private drive, and signage on a shared pylon sign to the south. Planning Report – Foundation Hill Montessori February 23, 2021 Page 11 The Planned Development zoning affords flexibility in the application of specific standards for mutual benefit. The acceptability of the proposed use and development plans is a policy matter for City officials. With some modifications at the time of Final Planned Development, the proposed development plans appear acceptable and are largely consistent with typical City Code standards. The one- story building is designed with a masonry exterior and a pitched roof with asphalt shingles. The proposal does include a deviation to the minimum building setback from Quarry Road. The applicant’s narrative outlines the public benefits of the project and discuss in greater detail the efforts made to balance competing objectives and minimize deviations to achieve greater compliance with typical standards. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a child daycare and preschool upon 1.7 acres of land located at 1552 Quarry Road, on property legally described as Lot 2, Block 1 Quarry Rd 2nd Addition. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder’s office. The following exhibits shall be made part of the Agreement: • Site Plan • Building Elevations • Signage Plan • Landscape and Tree Mitigation Plan • Site Lighting Plan 2. A Final Planned Development shall be required prior to issuance of a Building Permit. The following plans are required for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Signage Plan • Final Lighting Plan 3. The playground fence shall be a decorative metal style rather than chain link and final fence design details shall be provided at the time of Final Planned Development. 4. The Final Building Elevations shall be revised to incorporate additional vertical elements to meet the standard of such visual breaks every 40-feet. Planning Report – Foundation Hill Montessori February 23, 2021 Page 12 5. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 6. The trash enclosure shall comply with the City Code standards and full compliance will be evaluated at the time of Building Permit application. 7. The Final Landscape Plan should be revised to show the utility and grading layers, incorporate some shrubs and evergreen materials within the foundation landscaping, 8. The development shall provide tree mitigation in the amount of 10.5 Category A trees. The required mitigation shall be provided through on-site planting, a cash dedication in lieu of on-site planting, or a combination thereof, subject to approval of the City Forester. 9. Tree mitigation shall be provided in addition to required landscaping. At the time of Final Planned Development the Final Landscape and Tree Mitigation Plan shall provide the value of plant materials relative to the building value, to demonstrate how that landscape requirements are met, and what combination of trees and cash dedication is acceptable to satisfy mitigation requirements. 10. A revised Site Lighting Plan shall be provided with the Final Planned Development that includes pole-mounted fixture height of not more than 30 feet, an average to minimum ratio for the parking lot area of not more than 4.0 footcandles, fixture specifications, and a reduction in light spillover at the west end of the site. 11. A revised Sign Plan consistent with City Code standards shall be provided with the Final Planned Development and building signage shall be accurately depicted on the Building Elevations. 12. A Sign Permit shall be required prior to installation of any signs, and compliance with the City Sign Code shall be demonstrated at that time. 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.). Planning Report – Foundation Hill Montessori February 23, 2021 Page 13 14. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 15. The development shall be subject to a cash park dedication payable at the time of Building Permit at the rates then in effect. FA R N U M TOWNCENTREDRIVEMARICE DR FEDERALDRIVEQUARRYCT.DONALD AVEPOPPLER LANEB O A R D W A L KSTATE TRUNK HWY. NO. 13LOON LANEDONALD CO U RTTOWN CENTRE DRCTMEADOWVIEWROAD CRESTRIDGE DRDONALD AVEMARICECTLETENDRE ST AS H B URY CTBIRCHPONDRD TOWERVIEW ROAD TOWERVIEW ROAD NORTHJURDYCT LEMIEUX CIR DRIVE NORWEST LETENDRE ST ST.CHARLESPLACECRE STRIDGE LANE C E N T R A L P AR KW AYALDENPONDLANELANEKRESTWOOD LNCOACHMANROADSHERMAN COURTSURREYHEI GHTSDR IV E JURDY ROA D VIOLET LANE PARK P L PINERIDGEDRIVEC.S.A.H. NO. 31 (PILOT KNOB ROAD)ASHBURY ROAD COACHMANROADHUNT DRIVE FEDERALDRIVEDUCKWOOD DR L AKEVIEWTRAIL COACH M A NROADPACIFICAVE FEDERAL DRIVEHIGH -S I TE DRIVE BOARDWALKCOUNTY ROAD NO. 28 (YANKEE DOO DLE ROAD)WOODLARK LANEQUARRY S JU R D Y CT FOUR OAKS RD C.S.A.H. NO. 31 (PILOT KNOB ROAD)DUCKWOOD DRFEDERAL DRIVEM CCARTHYROADCOACH M A NROADQUARRY RD COUNTY ROAD NO.28 (YANKEE DOODLE ROAD) RED CEDAR ROAD COACHMANROADDENMARK AVEWA S HINGTONDRIVESHIELDSDR.J URDYROADDENMARK AVECROSSROADCT.CHERRYWOOD CT81ST ST W CENTURY POINT CRESTRI DG E C T MCCART H Y R D DENMARK AVEBALTICAVEPilotKnob Park CentralPark Park MoonshinePark Quarry Park Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Foundation Hill MontessoriRequest: Planned Development AmendmentFile No.: 09-PA -01-01-21 Subject Site CO. RD. 28 Yankee Doodle RoadCO. RD. 28 Yankee Doodle Road CO. RD. 28 Yankee Doodle RoadCentral ParkwayQuarry Road Federal DriveCe n t r a l Pa r k wa y Quar ry Ro ad 0 300150 Feet ´ This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2019 Project Name: Foundation Hill MontessoriRequest: Planned Development AmendmentFile No.: 09-PA-01-01-21 Quarry RoadQuarry Ro ad 0 300150 Feet´ This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2019 Project Name: Foundation Hill MontessoriRequest: Planned Development AmendmentFile No.: 09-PA-01-01-21 NO PARKINGRosaArchitecturalGroupInc.FOUNDATION HILLMONTESSORIEAGAN, MNCLASSICCONSTRUCTIONPH: 763-434-887018542 ULYSSES ST. NEEAST BETHEL, MNCHILDCARE1552 QUARRY ROADA1.1 NO PARKINGRosaArchitecturalGroupInc.FOUNDATION HILLMONTESSORIEAGAN, MNCLASSICCONSTRUCTIONPH: 763-434-887018542 ULYSSES ST. NEEAST BETHEL, MNCHILDCARE1552 QUARRY ROADA1.2 NO PARKINGRosaArchitecturalGroupInc.FOUNDATION HILLMONTESSORIEAGAN, MNCLASSICCONSTRUCTIONPH: 763-434-887018542 ULYSSES ST. 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RosaArchitecturalGroupInc.FOUNDATION HILLMONTESSORIEAGAN, MNCLASSICCONSTRUCTIONPH: 763-434-887018542 ULYSSES ST. NEEAST BETHEL, MNCHILDCARE1552 QUARRY ROADA2.1 DRAWN BY:CHECKED BY:REVISIONS:PROJECT NUMBER:6WHUOLQJ6WUHHW6W3DXO0LQQHVRWDWHOID[F&23<5,*+7526$$5&+,7(&785$/*5283I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA.DATE:SIGNED:5RVD$UFKLWHFWXUDO*URXS,QFDATE:REG.NO.RRSUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALREPORT WAS PREPARED BY ME OR UNDER MY DIRECTI HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORUNDER THE LAWS OF THE STATE OF MINNESOTA.DATE:REG. NO.PRINTNAME:SIGNED:PRINT NAME:)281'$7,21+,//0217(6625,($*$101&/$66,&&216758&7,213+8/<66(6671(($67%(7+(/01&+,/'&$5(&2/25(/(9$7,216A3.2JLJAN. 18, 2021221015866(//5526$6287+(/(9$7,21  $:(67(/(9$7,21  $1257+(/(9$7,21  $($67(/(9$7,21  $48$55<52$'2/3/2021 3Revision010203040506070809UpdateCustomer Signature of ApprovalTypeUnitsTypeUnitsLED Module Power SupplyDESIGN | FABRICATION | INSTALLATION | SERVICE7775 Main St. N.E.,Fridley, MN 55432P: 763.754.2899 | F: 763.767.7316www.albrechtsigncompany.comThis sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes. This includes proper grounding and bonding of the sign. The location of the disconnect switch after installation shall comply with Article 600.6(A)(1) of the National Electrical Code. Copyright 2021, By Albrecht Sign Company, Inc. All Designs Presented Are The Sole Property Of Albrecht Sign Company Inc., And May Not Be Reproduced In Part Or Whole Without Written Permission From Albrecht Sign Company Inc Photo Renderings Are Not To Scale. Colors In This Drawing Are For Representation Purposes Only And May Differ From Finished Product, Physical Color Samples Can Be Provided Upon Request.Client Name:Foundation Hill Montessori ChildcareClient Address:1552 Quarry RdEagan, MN 55122Start Date: 1/12/2021Last Revision Date: 1/18/21Job Number: N/ADrawing Revision: 1Sales Representative: RWDesigner: RDSouth ElevationScale: 1:25019'-0"240'-5"12'-6"6'-1"24'-7" 5Revision010203040506070809UpdateCustomer Signature of ApprovalTypeUnitsTypeUnitsLED Module Power SupplyDESIGN | FABRICATION | INSTALLATION | SERVICE7775 Main St. N.E.,Fridley, MN 55432P: 763.754.2899 | F: 763.767.7316www.albrechtsigncompany.comThis sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes. This includes proper grounding and bonding of the sign. The location of the disconnect switch after installation shall comply with Article 600.6(A)(1) of the National Electrical Code. RenderingScale: 3/8" = 1'Copyright 2021, By Albrecht Sign Company, Inc. All Designs Presented Are The Sole Property Of Albrecht Sign Company Inc., And May Not Be Reproduced In Part Or Whole Without Written Permission From Albrecht Sign Company Inc Photo Renderings Are Not To Scale. Colors In This Drawing Are For Representation Purposes Only And May Differ From Finished Product, Physical Color Samples Can Be Provided Upon Request.Client Name:Foundation Hill Montessori ChildcareClient Address:1552 Quarry RdEagan, MN 55122Start Date: 1/12/2021Last Revision Date: 1/18/21Job Number: N/ADrawing Revision: 1Sales Representative: RWDesigner: RD 1 1 2 2 A A B B SUBJECT: DWGSIZE: DWG NO: THIS DRAWING IN DESIGN ANDDETAIL IS OUR PROPERTY ANDMUST NOT BE USED EXCEPT IN CONNECTION WITH OUR WORK. ALL RIGHTS OF DESIGN OR INVENTION ARERESERVED. CHECKEDBY: TITLE: DRAWN BY: DATE: PATH: SHEET: OF: company, inc medfield, ma Post Clock Elevation Details Courtyard - 2 Dial 1 1 DMC DGC 8/8/2003 M:\INVENTOR\DRAWINGS\A-8340.IDW A-8340A 6'-3 1/8" [1.909 m] 8'-10 3/4" [2.712 m] 1'-11 3/8" [.594 m] Courtyard Post (POST-CTYD) Courtyard Header2" [.051 m] Raised Lettering Foundation Detail: A-15161 61A18 Bezel Courtyard Saddle 1'-1 5/16" [.338 m] Four Bay Single Post Swings (8) Swing Seats Two Bay Single Post Swings (4) Swing Seats *Image is approximaƟon of proposed plan *Image is approximaƟon of proposed plan. *Image is approximaƟon of proposed plan. 1 | Page FFOOUUNNDDAATTIIOONN HHIILLLL MMOONNTTEESSSSOORRII AANNDD CCHHIILLDDCCAARREE 1155885555 6611SSTT AAVVEE NN PPLLYYMMOOUUTTHH,, MMNN 5555444466 Date: February 16, 2021 To: Pam Dudziak, Planner 3830 Pilot Knob Rd, Eagan, MN 55122 RE: Planned Development Amendment for 1552 Quarry Rd Dear Pam, As part of my Planned Development Amendment for the 1552 Quarry Rd, this is my written narrative portion, explanation of deviations requested, and the conforming plan discussion. Project Overview and timing/phasing • The applicant Griffen Eagan LLC, doing business as, Foundation Hill Montessori and Childcare, is planning to purchase and develop the vacant land located at 1552 Quarry Rd by constructing a childcare center. The childcare center will be an approximately 16,000 sq ft building, will have ten classrooms, two indoor playrooms/gyms, and two outdoor playgrounds. The center will have a license capacity of about 190 children ranging from infants (6 weeks old) to pre-Kindergarten (6 years old). This building will be built with similar look and design as their current two buildings, primarily using colored rock face block, brick, stucco, and glass. The building will conform nicely with the existing buildings in the vicinity. The center will place high quality playground equipment that provides an attractive appeal. Approximately 10,000 sq ft of the outdoor space will be developed as the playground. To decrease the energy use and to utilize green energy, solar panels will be installed on the south face of the shingled roof, and all lighting will be LED based. • The applicant intends to start construction in early May 2021 and finish in August 2021. This allows the center to open around the start of new school year in September. The applicant has secured the initial approvals from the bank for the financing of the project. Applicant’s general contractor is Classic Construction; Classic has worked with the applicant three times in past – for both phases of Andover center in 2008 and 2015, and for the Plymouth center in 2010. The timing/phasing of those three construction events was similar to that desired for Eagan. 2 | Page Information about the applicant • The owners of Griffen Eagan LLC are Murli Nagwani and Sonia Nagwani. They have been operating childcare centers in the twin cities for 18 years and currently operate one center in Plymouth and one center in Andover. • Sonia started her first center in 2003 in St. Francis, MN. She has a degree in Elementary Education from University of Houston in Texas. She taught as elementary school teacher for several years before starting in childcare. In 2008 she built a new center in Andover, which was later expanded in 2015. • Murli started full time in childcare when the Plymouth center was built in 2010. Prior to working in childcare Murli worked in chemical engineering and corporate finance. Murli has a BS degree from Indian Institute of Technology, MS from Texas A&M University, and an MBA from University of Minnesota. Murli will be the director of this new center in Eagan. Existing and surrounding land uses • This vacant land is inside the overall Planned Development slated for the retail and special/mixed use. The city has been involved on this PD for multiple years and this vacant parcel is the last remaining parcel. Impact on surrounding property and subject property • The childcare center will fit in very well with the surrounding properties: o The Aldi store provides the high traffic urban family friendly feel that a childcare center will conform with. The proposed orientation of the building and parking lot provides plenty of land separation between the two uses. The proximity of the two businesses should be synergetic and a plus to each other’s customers. o The apartment complexes to the north provide the residential and family friendly feel, and a childcare center will enhance that feel. o Yankee Doodle Road will provide good accessibility to the childcare center, yet it is at a good distance away to not be a nuisance to the children playing and being dropped in and out of the center. Although the lack of visibility from Yankee Doodle Road has been in past a deterrent to the marketability of this lot, for a childcare center the road is located at an ideal distance. o The childcare center enhances the intergenerational appeal to the residents of the nearby senior housing projects. o The Quarry Rd will be at a good distance away from the building, especially given the existing 20 feet gap between Quarry Rd and this parcel’s property line. • The applicant believes that a childcare center will fit in well on the subject property. The single-story building, attractive playgrounds, completed perimeter sidewalks will help develop this property nicely. Because it is a single-story building, the line of sight to and from the apartment complexes will not be blocked. 3 | Page Impact on city services • The project will be part of city services already planned for the PD. Additional aspects • Solar panels will be installed on the south roof. Because there is no blockage by other buildings or trees, the roof angle is ideal for solar panels. To provide an attractive look, high end solar panels will be installed. Attached pictures serve as illustrations. • An outdoor clock will be installed at the Northwest corner. As shown on the site plan and landscape plan, the clock will be located on the high side of the retaining wall and outside of the fenced playground. One face of the clock will face the intersection, and other will face the playground. The clock will be beneficial to the children and staff, and it could give some public facing character to that corner. An example picture and drawings are included. o In terms of the lettering on the clock, at the top it will have “Foundation Hill” and on the face it will have “EST. 2021”. There will be no logo on it. Public Benefit • High quality childcare centers are a critical part of a thriving society. One does not have to look any further than the role childcare centers have played during the pandemic of 2020. The State of Minnesota has been incredibly supportive and appreciative to all the childcare centers who continued their operations, kept their staff and customers safe, and allowed the front-line workers to continue to provide essential services. The applicant continued the operations of both its centers throughout 2020 and had to shut down only about 15% of their capacity for only one two-week quarantine period at each of their centers. Hundreds of customers have been appreciative for the normalcy we provided to the children and families during this time. • As the applicant conducted the market research, applicant found that Eagan does not have as many Montessori based childcare centers as other suburbs, therefore, Eagan would benefit from a high-quality Montessori-based childcare center. Many parents look for Montessori-based curriculum, and based on applicant’s operating experience, this center should serve that need well. • Applicant’s current centers are well operated with high customer satisfaction. If one looks on Google, the Andover center has a 4.7 out of 5.0 rating and the Plymouth center is 4.8 out of 5.0. Some of the customer comments that show up in the auto generated summary are: o "I am so grateful for such a fantastic facility and staff." o "They definitely cared about my boys and my boys loved their teachers." o "The staff is great, prices reasonable, very flexible pick up and drop off times." o "School environment is neat and hygienic, and curriculum is great." • Once the Eagan center gets up to the operational capacity, about 40 to 45 staff members will be employed – a public benefit to the economy and society. 4 | Page • The PD location is ideally suited for a high performing childcare center. The access and high traffic provided will not only be beneficial to the residents of Eagan but could also be beneficial to the residents of Mendota Heights, Inver Grove Heights, Apple Valley and Burnsville. Based on applicant’s current experience, their centers do pull a good percentage of customers from the neighboring communities. Deviation #1 – property setback encroachment • The applicant is requesting a deviation when it comes to the requirement of 40 feet building setback from the Quarry Road. o Most of the building is proposed to be at 36 feet from the property line instead of the 40 feet requirement. The extra 4 feet helps greatly in terms of the workability of the classrooms and the common areas. Per applicant’s experience, children require good flow of space for their movement and these 4 feet are important. If the land provides the opportunity to do that, and knowing that this center will be set for many decades to come, applicant thinks that now is the time to critically think about this important decision. o The Quarry Rd starts to curve going west and thereby narrows the property. This is detrimental to a rectangular building shape that the applicant desires. To fit the building in the narrow part of the property, the applicant has to build two step- downs. Still to make the last step-down work, the building must encroach further inside and last NW corner will be about 25 feet from the property line. This is the minimum the applicant is comfortable with in terms of keeping the building safe and away from the Quarry Road. Around that corner, the retaining wall proposed is at the highest height, and this provides added separation. o One particularly good feature of the property is the existing gap between the Quarry Rd and the edge of the property. That strip of land is about 19 to 20 feet wide. This effectively provides a 45 to 56 feet setback from the street. o The net effect of this encroachment is that 912 sq ft of the building will be within the 40 ft building setback, which is 5.59% of the total covered space. If this 912 sq ft is taken away, almost all will have to come from the classrooms rather than the common areas, and that would result in a 12% decrease in license capacity, which is substantial decrease when considering the project feasibility. o It should be noted that the building setback on the south edge is only 10 feet, and if the building is placed on the south edge, no deviation will be needed, however, the applicant does not desire to place the building on the south edge for following three reasons:  The sun shines more from the south, this melts the parking lot snow much faster and decreases the slip and fall risk significantly (applicant has direct experience of this, their Plymouth center is south facing while the Andover center is north facing).  The presentability of the building is much better to the Yankee Doodle Rd if the building’s front is towards the Yankee Doodle Rd. 5 | Page  The childcare center will sit nicely almost equidistance between the Aldi and the apartment complex, thus avoiding it to become too close to Aldi. Deviation #2 – Drainage and Utility easement encroachment o The property has a drainage and utility easement for the portions of the west edge and the north edge. On the western edge, where the easement becomes considerably wider going towards north, the applicant will not encroach any section of that easement. o On the northern edge, the easement is generally 10 feet wide. The applicant is proposing to place the fence roughly 2 feet inside of the easement at the flat part of the Northeast section. These 2 feet are important in ability to provide enough fall zone for the playground equipment in that tight area. The applicant understands that if the city in future needs to access the easement, the applicant will make that available. o A retaining wall is required to keep the playground flat. As the retaining wall starts from East to West, all of the retaining wall, and hence the fence, will be kept out of the d/u easement. Conforming Plan • Building setback: As part of the conforming plan, the applicant has provided a colored view of what portions of the building will need to be removed to stay within the building setback. Figuring out the correct placement of the classrooms and the common spaces is like solving a big puzzle. The applicant and the architect spent several hours trying to fit the parts in the smaller footprint but did not derive a presentable solution of the building footprint. Once the city provides the decision on setback, the applicant will try to redesign the building to stay in those constraints. o As can be seen, one or two more step downs will be needed - which is not a good construction option for such short length. o Taking the building any further west is not an option as it will make the playground smaller. o The room labeled Gym-1 will have to be fully removed, the Infant-1 room will become too small, and the other three rooms will also need reorientation. • Drainage and utility easement: If the city does not approve the encroachment of the easement, the applicant will potentially re-size of the building or the spaces between parking lot and road, and the parking lot and building. • Regarding the lot dimensions, density, setbacks & public streets, one can see that in the conforming plan the lot size will stay the same, the building footprint will decrease thereby decreasing the density, the conforming building will have to be within the setbacks approved, and there will be no impact on the public streets. • As a summary, based on the deviations approved, the applicant will have to rework the financial and operational viability of the project, and determine how to best conform to the constraints approved. 6 | Page Hopefully this narrative and illustrations provide what is needed at this time. Please contact me with any questions. Thank you for all your help so far, it is much appreciated! Best regards, Murli Nagwani Director and Owner Foundation Hill Montessori and Childcare 763.557.9300; murli@foundationhill.com 1 | P a g e FFOOUUNNDDAATTIIOONN HHIILLLL MMOONNTTEESSSSOORRII AANNDD CCHHIILLDDCCAARREE 1155885555 6611SSTT AAVVEE NN PPLLYYMMOOUUTTHH,, MMNN 5555444466 Date: February 3, 2021 To: Pam Dudziak, Planner 3830 Pilot Knob Rd, Eagan, MN 55122 RE: PD Amendment for 1552 Quarry Rd – Response to Initial Comments Dear Pam, Thank you for providing City’s comments on my PD Amendment. Here are my changes and comments: • General: I understand the requirements regarding the Preliminary and Final PD applications. • Set back: I am glad that you plan to present this deviation as is. Of the three deviations I requested, this is the most important one in terms of project feasibility as well as for the long-term effective use of the building. • Retaining wall and d/u easement: I understand the engineering concern of substantial structure in the easement. Per your suggestion we will be able to move the retaining wall out of the easement and lower its height (in fact the length as well) – once redrawn, the maximum height is now about 6 feet tall. o One way we accomplished this is by letting go part of the playground space on the sloped part in north (the retaining wall and playgrounds are now separated). This in turn was accomplished by taking away the community garden concept. While initially we thought we could partner with the senior community in Applewood Point, later we did not hear any substantial positive response from them. I am now moving my garden planting area for the children to the west playground area next to the west building wall. This arrangement will be quite similar to what we have in my Andover center. • Fence in d/u easement: Just as the retaining wall, we are now bringing the playground fence out of the d/u easement, except for the northeast section, which is a flat section. The fence is drawn 2 feet inside the easement so that the playground equipment fall zone can be accommodated. Given the fence is not a substantial structure, we hope that engineering would be okay with that. 2 | P a g e • Plaza: The requirement of plaza was not part my negotiation with United Properties. The use of plaza is co-dependent with the use of the site. For a medical office concept, a plaza makes sense as both uses are for adult clients. For the childcare use, especially close to a children’s playground, a plaza/public gathering place is not appropriate. Upon reconsideration, we decided that this corner will be best suited for landscaping and couple of trees and we would not be putting a plaza like feature. • Sidewalk: We have redesigned the west sidewalk to remove the dead end. • Tree mitigation and landscape requirement: The requirement of tree mitigation was not part my negotiation with United Properties. Per your updated comments, my site is responsible for 10.5 Cat A trees. In addition, my site is responsible to put landscape features close to 3% of building value. o Now with the retaining wall out of the d/u easement, we have added many more trees. As you also mentioned, a good amount of my uncovered area is for artificial turf. While turf in not a living landscape, it certainly provides the green space feature of landscaping. Turf is very expensive, and when considering the value of turf and the trees I am adding, we are well above the 3% threshold. o For the sake of this Wednesday submission, I asked my architect to count only the 4 Cat A maple trees as part of mitigation, and rest as part of landscaping. This will mean that there will be need for cash payment for remaining 6.5 Cat A trees. o However, I am also providing 19 Cat B trees. I would like the city to consider some of these for mitigation versus landscape and then decide on the cash payment requirement. • Building materials: This was another important deviation request, our colored block buildings have done very well in terms of customer response, and it is a substantial cost addition. However, after long consideration I have decided to no longer request this deviation. We have replaced the lighter color blocks with lighter color bricks, thereby increasing the Class-1 materials to 66.4%. The colored elevations I am providing shows this change. You should however note that we have not had enough time to fully consider our color requirements, and while the overall color scheme will not change, some color tone will change to make better use of the bricks. • North roof architecture: Thank you for pointing out the lack of interesting features in the north roof. As we worked thru other items, we overlooked this point. We are now adding one gable to the East part of north roof, and we will add either two or three dormers to the west parts. For the sake of this Wednesday submission, I had my architect draw three dormers, but this could decrease to two. • Sign: With the new gable added to the north roof, and to add some more features to this north wall, we will move the sign from the west wall to the north wall. We discussed the requirements with city’s sign department, since signage is allowed only on two elevations, we will take out signage from the west elevation (this submission shows three signs, but the west elevation sign will be coming off). Per city code we are allowed to add signage regarding our products on one of the two elevations, we will in fact do that on the west gable of the south elevation (basically saying Infants, Toddlers, 3 | P a g e Preschoolers). The signs will meet City’s requirements. As that sign detail becomes available, I will provide that to you. • Aldi sign easement: There already is an easement agreement with Aldi, I forwarded that agreement to you earlier. • Mechanical screening: The fence around the a/c units will be a 4ft tall vinyl privacy fence. This is listed on the landscape plan drawing. • Lighting: Two new light poles have been added to improve lighting both in the SW corner and in the playground. • Park dedication: I understand the requirement. I will be emailing you the drawings in a few different emails to keep the email size down. I believe that as we plan the development of this site, by working together we are proposing a development that will be well received by the community in Eagan. Thank you for all your help – please let me know you received the information you were expecting, if not, let me know the missing items. I will be out of town on Friday, but I am available tomorrow and next week. Best regards, Murli Nagwani Director and Owner Foundation Hill Montessori and Childcare 763.557.9300; murli@foundationhill.com Agenda Information Memo March 2, 2021, Eagan City Council Meeting NEW BUSINESS D. Planned Development Amendment – Aerospace Welding Minneapolis Actions To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow outdoor storage of nitrogen and argon tanks for property located at 3344 Highway 149, Lot 1, Block 1, Gopher Eagan Industrial Park 7th Addition, subject to the conditions listed in the APC minutes. Required Vote For Approval:  Planned Development Amendment – At least three (3) votes Facts:  The property is zoned PD, Planned Development and is developed with an existing 45,136 square foot office/warehouse constructed in 1999.  A Final Planned Development was approved in 1998 for development of the site under Lot 1, Block 1, Gopher Eagan Industrial Park 4th Addition. As a condition of approval, the Final Planned Development Agreement prohibits outdoor storage of materials.  The applicant, Aerospace Welding Minneapolis, Inc., currently operates at 1045 Gemini Road in Eagan and has purchased the subject site to move and expand its operation.  The applicant is requesting an amendment that would allow two large bulk storage tanks containing liquid nitrogen and argon. The liquid is converted to gas before use. The gases are used in the welding and laser cutting process.  The tank installation is proposed on a 12-foot by 22-foot concrete pad located adjacent to the southeast corner of the building. The proposed tanks will be similar in size and setup to their current location at 1045 Gemini Road and surrounded by fencing and protective bollards.  The site is adjacent to industrial areas to the south and west and the Rolling Hills single family residential neighborhood to the north and east. The proposed outdoor storage is 300 feet from the nearest residential neighborhood and screened by 150 feet of wooded area.  The Advisory Planning Commission held a public hearing on the proposal at their February 23, 2021 meeting, and recommended approval of the tank storage. Draft minutes of the meeting are included as an attachment.  A public comment was submitted to the City after the APC meeting was held and is included as an attachment. 60-Day Agency Action Deadline:  March 21, 2021 Attachments: (5) NBD-1 Location Map NBD-2 Draft February 23, 2021 APC Minutes NBD-3 Planning Report NBD-4 Exhibits NBD-5 Public Comment (received post APC meeting) 77TH GREATOAKSPLROLLINGHILLS DR CIRCLEMI K E C O LLIN S D R LOUIS LANERED OAK DRROLL LN.IVYL A N E HILLSIDE DR KUTOFFCTSALLY GREAT O AKSLN BECKER ROAD STATETRUNK HWY.NO.55 EL RENE ROADR O L L I N G HILLS P LCHAPEL LANE ROLLINGHILLSDR RITA CT S T A T E T R U N K H WY . N O1 4 9 PR OMONTORY PL COURTHOUSE LN REDOAKDRR O L L I N G H I L L S C R MIKE COLLINS DRBORCHERTLN RANDOMRDROLLING HILLS DRELRENEROADROLLING HILLS CTJOYCE CTWOODLANDT R AIL GREAT OAKS TRAIL WREN LNEL RENE ROADW E S T APOLLO ROAD TRAILS END RD STREET BLACKOAKDRELRENEROADHILLSIDE CTS T A T E T R U N K H W Y. N O. 1 4 9HOLIDAY LNREDOAKDRBLACKOAKDRC O .R D .N O .28(Y A N K E E DOODLE RD.)IVY CTG R E A T O A K S C IRMIKECOLLINSDR STATE TRUNK HWY. NO. 55 ROLLINGHILLSDRR E D OAKCT CHAPEL LANE Bur Oaks Park ThresherFields Park WescottStationPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Aerospace Welding MinneapolisRequest: Planned Development AmendmentFile Nos.: 12-PA-02-01-21 Subject Site Advisory Planning Commission February 23, 2021 Page 11 of 24 E. Aerospace Welding Applicant Name: Dan Rader, Aerospace Welding Minneapolis, Inc. Location: 3344 Hwy 149; Lot 1, Block 1, Gopher Eagan Industrial Park 7th Addition Application: Planned Development Amendment A Planned Development Amendment to allow outdoor storage of Nitrogen and Argon gas tanks. File Number: 12-PA-02-01-21 City Planner Mike Schultz introduced this item and highlighted the information presented in the City Staff report dated February 10, 2021. The Applicant, Daniel Rader, made himself available for questions. Member Francis asked about liquid nitrogen and compressed gas dangers and if the chain link fence was adequate for security as it is climbable. He asked how easily compromised the containers could be. Mr. Rader explained that argon is an inert gas that is delivered and is non-flammable. He said liquid nitrogen is different, in a liquid state it will burn skin because it is so cold, hence the security fence. Upon delivery inside the building, the nitrogen is in gas form and not dangerous. He said the pad is elevated roughly 3.5 feet above the ground, someone would have to scale over the chain link fence. He indicated it was his experience that the proposed enclosure and barricade are an industry standard. He noted he wasn’t an engineer and hadn’t heard of people compromising the containers, but acknowledged it could be a possibility. Secretary Whisnant questioned how long the tanks were at the Gemini site and if there were any issues. Mr. Rader stated the tanks at Aerospace Welding’s [current] Gemini Road site have been there 13 years and have had no issues. Chair Sagstetter opened the public hearing. There being no public comment, Chair Sagstetter closed the public hearing and turned the discussion back to the Commission. Member Vanderpoel noted that the two large tanks are visible but there have been no issues thus far [at the Gemini site] and supports the proposal. She is pleased the business is choosing to stay in Eagan. Member Francis asked for additional security, but is pleased the business is staying in Eagan and is successful. Advisory Planning Commission February 23, 2021 Page 12 of 24 There being no further public comment, Chair Sagstetter closed the public hearing and turned the discussion back to the Commission. Member Goff moved, Member Jensen seconded a motion to recommend approval of a Planned Development Amendment to allow outdoor storage of nitrogen and argon tanks on property located at 3344 Highway 149, Lot 1, Block 1, Gopher Eagan Industrial Park 7th Addition, subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder’s Office prior to issuance of all required building permits. The following are required for the Agreement: a. A site map/plan showing the concrete pad and tank location b. A rendering showing the location and size of tanks 2. The tanks shall be placed on a concrete pad and enclosed with fencing. The tanks shall be protected by concrete or protective bollards as approved by the City Fire Marshall. 3. The applicant shall obtain all necessary permits required for installation of the tanks and concrete pad. Roll call was taken. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 10, 2021 CASE: 12-PA-02-01-21 APPLICANT: Aerospace Welding, Minneapolis HEARING DATE: February 23, 2021 PROPERTY OWNER: Aerospace Welding APPLICATION DATE: January 20, 2021 Minneapolis, Inc. REQUEST: Planned Development Amendment PREPARED BY: Erik Slettedahl LOCATION: 3344 Highway 149 COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow outdoor storage of nitrogen and argon gas tanks for property located at 3344 Highway 149, Lot 1, Block 1, Gopher Eagan Industrial Park 7th Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND/HISTORY The existing office/warehouse building was completed in 1999 on property originally part of the Gopher Eagan Industrial Park Planned Development approved in 1976. A Final Planned Development was approved in 1998 for development of the site under Lot 1, Block 1, Gopher Eagan Industrial Park 4th Addition. The site was later replatted to Lot 1, Block 1, Gopher Eagan Industrial Park 7th Addition. Planning Report – Aerospace Welding Minneapolis-PDA February 23, 2021 Page 2 The site was originally occupied by NACR (North American Communications Resources). The business was acquired by ConvergeOne in 2005 which occupied the building until 2019. It has remained vacant until today. The applicant, Aerospace Welding Minneapolis, Inc., currently operates at 1045 Gemini Road in Eagan and has purchased the subject site to move and expand its operation. Its joint companies, Aerospace Welding Incorporated and Aerospace Manufacturing Incorporated, were recently acquired by Tailwind Technologies based out of Ohio and employ approximately 100 people at its Eagan location. EXISTING CONDITIONS The site contains a 45,136 square foot office/warehouse building that is currently undergoing renovations to accommodate Aerospace Welding Minneapolis operations. Large parking lots are located both at the front and rear of the building. The site has mature landscaping along the southern property line and along the Highway 149 right-of-way. Significant wooded areas surround the north and east sides of the building bordering existing residential neighborhoods. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Residential R-1, Single family LD-Low Density Residential East Residential R-1, Single Family LD-Low Density Residential South Industrial PD, Planned Development IND, Limited Industrial West Industrial PD, Planned Development IND, Limited Industrial EVALUATION OF REQUEST Aerospace Welding Minneapolis has a highly skilled workforce that manufactures, welds and fabricates engine exhausts, engine mounts and various ducting systems for general aviation aircraft. The applicant is requesting Planned Development Amendment approval to allow outside storage tanks of argon and nitrogen gas at the subject location. Both argon and nitrogen are inert gases and are naturally found in the atmosphere. Argon is utilized in the welding process to shield the arc and welded zone from atmospheric contaminants and make the weld more seamless and durable. Nitrogen is used in the lasing process to assist the beam in removing the molten material from the cut area resulting in an oxidant free edge which is critical in lasing of stainless steels. Planning Report – Aerospace Welding Minneapolis-PDA February 23, 2021 Page 3 As a condition of approval, the Final Planned Development agreement for the subject site prohibits outdoor storage of materials. The applicant is requesting an amendment that would allow two large bulk storage tanks located adjacent to the southeast corner of the building. The proposed tanks will be similar in size and setup to their current location at 1045 Gemini Road. Site Plan- An Aerial photo and rendering of the site show the tank located behind the southeast corner of the building on a 12-foot by 22-foot concrete pad. An old generator currently in this location will be removed and replaced with the new pad. The tanks will not exceed 19 feet in height and will not exceed the height of the building. The tanks will be surrounded by fencing and cement bollards for security and protection. It appears the new concrete pad will remove one to two parking spaces. The site contains over 120 parking spaces which appears adequate for the proposed use. The removal of parking spaces for the tank installations will have minimal impact to the site. Compatibility with Surrounding Area – The subject site is adjacent to Twin City Wire along its southern border that has significant outdoor storage of wire and materials within the rear area of the building. To the north and east, the site is adjacent to the Rolling Hills residential neighborhood. However, it is screened by a significant wooded buffer area between the site and the residential uses. The proposed limited use of outdoor storage appears compatible with the surrounding area. Outdoor Storage – The Planned Development Agreement for the site currently prohibits outdoor storage. The City Code standards used to evaluate outdoor storage are outlined below. a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. The storage area will be enclosed within a fence and surrounded with cement bollards. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposed storage area is located in the rear yard adjacent to the building and satisfies required setbacks. c. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The storage area will be screened from the right-of-way by the building and will be located approximately 300 feet from the nearest residential property with a minimum 150 feet of wooded area between properties. Planning Report – Aerospace Welding Minneapolis-PDA February 23, 2021 Page 4 d. The storage area shall not interfere with any pedestrian or vehicular movement. The outside storage area is adjacent to the building and does not interfere with pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. The proposed outside storage may impact one to two parking space with minimal impact to greenspace area. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. A 12-foot by 22-foot concrete pad will be installed for the storage tanks in a location that has an existing concrete pad formerly used as a generator pad. SUMMARY/CONCLUSION Aerospace Welding Minneapolis is in the process of moving to their new Eagan location at 3344 Highway 149 and is requesting an Amendment to a Final Planned Development for the property to allow outdoor storage of nitrogen and argon gas tanks. The existing Planned Development Agreement for the site prohibits outdoor storage. The proposed location of the tanks is adjacent to the southeast corner of the rear building and appears will have minimal impact to the site. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow outdoor storage of nitrogen and argon tanks on property located at 3344 Highway 149, Lot 1, Block 1, Gopher Eagan Industrial Park 7th Addition. If approved the following conditions shall apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder’s Office prior to issuance of all required building permits. The following are required for the Agreement: a. A site map/plan showing the concrete pad and tank location b. A rendering showing the location and size of tanks 2. The tanks shall be placed on a concrete pad and enclosed with fencing. The tanks shall be protected by concrete or protective bollards as approved by the City Fire Marshall. 3. The applicant shall obtain all necessary permits required for installation of the tanks and concrete pad. 77TH GREATOAKSPLROLLINGHILLS DR CIRCLEMI K E C O LLIN S D R LOUIS LANERED OAK DRROLL LN.IVYL A N E HILLSIDE DR KUTOFFCTSALLY GREAT O AKSLN BECKER ROAD STATETRUNK HWY.NO.55 EL RENE ROADR O L L I N G HILLS P LCHAPEL LANE ROLLINGHILLSDR RITA CT S T A T E T R U N K H WY . N O1 4 9 PR OMONTORY PL COURTHOUSE LN REDOAKDRR O L L I N G H I L L S C R MIKE COLLINS DRBORCHERTLN RANDOMRDROLLING HILLS DRELRENEROADROLLING HILLS CTJOYCE CTWOODLANDT R AIL GREAT OAKS TRAIL WREN LNEL RENE ROADW E S T APOLLO ROAD TRAILS END RD STREET BLACKOAKDRELRENEROADHILLSIDE CTS T A T E T R U N K H W Y. N O. 1 4 9HOLIDAY LNREDOAKDRBLACKOAKDRC O .R D .N O .28(Y A N K E E DOODLE RD.)IVY CTG R E A T O A K S C IRMIKECOLLINSDR STATE TRUNK HWY. NO. 55 ROLLINGHILLSDRR E D OAKCT CHAPEL LANE Bur Oaks Park ThresherFields Park WescottStationPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Aerospace Welding MinneapolisRequest: Planned Development AmendmentFile Nos.: 12-PA-02-01-21 Subject Site CO. RD. 28 Yankee Doodle Road HWY 1 4 9 HWY 149CO. RD . 28 Yankee Doodle Road H WY 1 4 9 Hillside Drive Red Oak DriveRolling Hills DriveKut of f Cour tHillside Court77th Street W 77th Street W Rolling Hills Drive Rolling Hills Drive 0 300150 Feet ´ This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2020 Project Name: Aerospace Welding MinneapolisRequest: Planned Development AmendmentFile Nos.: 12-PA-02-01-21 HWY 149Hillside Drive Rolling Hills DriveKutoff CourtKutoff Court0 300150 Feet ´ This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2020 Project Name: Aerospace Welding MinneapolisRequest: Planned Development AmendmentFile Nos.: 12-PA-02-01-21 -------------------=-==---------'- 3344 Dodd Road Eagan, MN Site Plan Scale: 1" = 40'-0" RECEIVED If N ) 0 I, 21 Elevation Rendering of Tank Location 3344 Dodd Road Eagan, MN / Applicant Narrative-Project Information Written narrative describing the request or proposal including: • What you want to do; timing/phasing Aerospace Welding Minneapolis, Inc. is requesting the approval to allow outside storage tanks for argon and nitrogen at 3344 Dodd Rd. Our business manufactures, welds and fabricates engine exhausts, engine mounts and various ducting systems for general aviation aircraft. We are requesting the same approval and setup of outside storage tanks for argon and nitrogen that we have at our current facility at 1045 Gemini Rd. We purchased the facility at 3344 Dodd Rd. because we need additional space for growth that our current facility cannot accommodate. Our plan is to exit our currently facility at 1045 Gemini Rd. and make 3344 Dodd Rd. our new home for the business in the May/June timeframe. • Existing and surrounding land uses and zoning on subject property and within 660ft. The surrounding land uses and zoning of the is comprised of office and manufacturing. We also have R-1 zoning that is to the north and west adjacent to the property. • What impact does the planned development amendment have on surrounding property and land uses? The requested amendment will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. • What impact does the planned development amendment have on the subject property? The planned development amendment will have no impact on the subject property. • What impact does the planned development amendment have on City services such as sewer, water, storm water run-off and roads? The planned development amendment will have no impact on city services such as sewer, water, storm water run-off and roads. • Does the requested land use proposed by the amendment result in a better use of the land? When we bought the property it was currently unoccupied. The size of the property gives our business the footprint to expand and keep 100+ jobs in the Eagan area. Written narrative concisely describing public benefit of the proposed Amendment: The proposed amendment will allow us to keep 100+ current jobs in the Eagan area and utilize the property that was vacant for more than a year before we purchased the property. Our long term plan is to double the size of our business which will create more jobs and this property gives us the footprint to do that. Our workforce is made up of highly skills trades like welding, machining and fabrication that pay at least $25/hr. We also have a significate amount of professional jobs that include sales, engineering and production management. From:Yessi Santana To:APC Cc:Miguel Santana; Yessi Santana Subject:File 12-PA-02-01-21(Please do not allow outdoor storage of two Nitrogen and Argon gas tanks. Date:Tuesday, February 23, 2021 9:04:19 PM Good evening, Today, I received a notice about a planned amendment to allow outdoor storage of two nitrogen and argon gas tanks near our property/community. Unfortunately, I was not able to prepare a statement to present today at 6:30 pm due to health reasons. I would like to ask the Advisory Planning Commission and the City council to please decline the proposal. This has been an extremely hard year for everyone due to the pandemic. In addition, the summer of 2020 we found out that high levels of lead were found in the nearby commercial property which impacted our community and my family. I do not want to lose faith in the city of Eagan keeping our families safe. We moved into this neighborhood to grow a healthy family in a safe environment. Last year, in the midst of the pandemic we learned that this area was a dumping site hence the high levels of lead is what we were told. In the middle of a pandemic, we kept our children indoors until further testing was completed in our neighborhood area. Now, we have to worry about living near two nitrogen and argon gas tanks which pose a danger to the safety of our community. We would have not moved to this neighborhood if we had known that there was high levels of lead in nearby soil or that there was a possibility that we were going to live close to an outdoor storage area for nitrogen and argon gas tanks. The proposal presented goes against protecting property and keeping families safe in a healthy environment. Allowing an outdoor storage area for nitrogen and argon gas tanks would disrupt that sense of community out of fear that it is no longer safe to live here. I apologize for not having a statement prepared by 6:30 pm. As I shared with you, I learned about this notice this evening. I am a great supporter of all of Eagan as we work together to create healthy communities for our families to grow and strive. As you come together to make this important decision, please think of the many families with young children who are impacted by the proposal presented, mine included. We ask that you please do not allow outdoor storage of two nitrogen and argon gas tanks which poses a danger to the safety of this community. I thank you in advance for your time and consideration of this request as you review the proposal presented to you. We matter. There are many families with young children in this community who plan to live and contribute to the vibrant growth of the city of Eagan. Again, thank you. If you have any questions with regards to this letter, please feel free to contact me at (651) 235-5270. Thank you in advance for your time and consideration. We look forward to hearing from you. Sincerely, Yessica and Miguel Santana Eagan Community Members AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER March 2,2021 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve Minutes for February 2, 2021. 2. Approve Amended and Restated Tax Increment Pledge Agreement D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN Agenda Information Memo March 2, 2021 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 February 2, 2021 regular Economic Development Authority meeting as presented or modified. Attachments: (1) EDAC1-1 EDA Minutes February 2, 2021 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota February 2, 2021 A virtual meeting of the Eagan Economic Development Authority was held on Tuesday, February 2, 2021 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen, and Commissioner Supina. Also present were Executive Director Osberg, Director of Community Development Hutmacher and City Attorney Dougherty. 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 (Roll Call) CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 (Roll Call) 1. It was recommended to approve the minutes of January 19, 2021. 2. It was recommended to elect and appoint officers of the Eagan Economic Development Authority for 2021. OLD BUSINESS There was no Old Business. NEW BUSINESS There was no New Business. OTHER BUSINESS There was no Other Business. ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 (Roll Call) Date David M. Osberg, Executive Director Agenda Information Memo March 2, 2021 Eagan Economic Development Authority Meeting CONSENT AGENDA 2. Approve Amended and Restated Pledge Agreement related to the sale of $27,730,000 Taxable General Obligation Bonds, Series 2021A. ACTION TO BE CONSIDERED:  To approve the Amended and Restated Pledge Agreement pledging Cedar Grove TIF collections to secure the bonds FACTS:  At its February 2, 2021 regular meeting, the City Council authorized the issuance of $27,730,000 Taxable General Obligation bonds, Series, 2021A, including the refinancing of the 2013A Taxable General Obligation Tax Increment bonds for interest rate savings.  The bonds will be sold by competitive bid on March 2. The results of the sale will have been presented to the Council by the time this item is considered.  The pledge agreement has been amended so that tax increment collections from the Cedar Grove TIF District will be used to secure the new bonds.  The City’s bond counsel, Jennifer Hanson of Dorsey, prepared the document. ATTACHMENTS (1): EDAC2-1 Amended and Restated Pledge Agreement TAX INCREMENT PLEDGE AGREEMENT 4821-7515-2091\4 AMENDED AND RESTATED TAX INCREMENT PLEDGE AGREEMENT TAX INCREMENT FINANCING DISTRICT NO. 1 THIS AMENDED AND RESTATED TAX INCREMENT PLEDGE AGREEMENT (this “Agreement”) is made and entered into on or as of the [__] day of March 2021, by and between the City of Eagan, Minnesota (the “City”), and the Eagan Economic Development Authority (the “Authority”), and amends and restates that certain Tax Increment Pledged Agreement, dated as of June 1, 2013 (the “Original Agreement”) between the City and the Authority, as set forth below. WHEREAS, the Authority and the City have established the Cedar Grove Redevelopment Area (the “Project Area”) pursuant to Minnesota Statutes, Sections 469.001 to 469.047 and have approved a Redevelopment Program (the “Program”) for Tax Increment Financing District No. 1 (“the District”); and WHEREAS, the District has been designated as a tax increment financing district pursuant to Sections 469.090 to 469.108, Minnesota Statutes; and WHEREAS, as part of the Program, the City constructed a parking structure (the “Parking Ramp”) which is owned and operated by the Authority and was financed by the City’s Taxable General Obligation Tax Increment Bonds, Series 2013A, dated as of June 1, 2013 (the “Series 2013A Bonds”); and WHEREAS, the Authority agreed to pledge the available tax increment revenue of the District to the City for the payment of the principal of and interest on the Series 2013A Bonds, pursuant to the Original Agreement; and WHEREAS, the City is issuing its Taxable General Obligation Bonds, Series 2021A, dated as of March 30, 2021 (the “Series 2021A Bonds”), the proceeds of which will, in part, refund in a crossover refunding on February 1, 2023 (the “Crossover Date”), the 2024 through 2030 maturities of the Series 2013A Bonds (the “Refunding”); WHEREAS, the City and the Authority desire to amend and restate the Original Agreement to provide for the pledge by the Authority of the available tax increment revenue of the District to the City for the payment of the principal of and interest on the Series 2013A Bonds through the Crossover Date, the Series 2021A Bonds, and any additional bonds issued by the City that refinance the Series 2021A Bonds (“Refunding Bonds”); and WHEREAS, pursuant to Section 469.178, Subd. 2, Minnesota Statutes, any agreement to pledge tax increment revenues must be made by written agreement by and between the Authority and the City and must be filed with the County Auditor of Dakota County. TAX INCREMENT PLEDGE AGREEMENT 4821-7515-2091\4 NOW, THEREFORE, the City and the Authority mutually agree as follows: 1.The City will issue and sell the Series 2021A Bonds. 2.The proceeds from the sale of the Series 2021A Bonds will be applied by the City to the Refunding. 3.All available tax increment generated by the District from and after the date of this Agreement legally available therefor shall be deposited in a special fund (the “Fund”). On or prior to the first day of February and August of each year the Authority shall transfer to the debt service account for the Series 2021A Bonds or any Refunding Bonds an amount sufficient to pay the principal of and interest on: (i)the Series 2013A Bonds through the Crossover Date; the Series 2021A Bonds when due; or (iii) any Refunding Bonds when due. Any remaining tax increment derived from the District shall be retained by the Authority and may be used for any eligible costs of the Program. The pledge of tax increment hereunder may be subordinated to or placed on a parity with any subsequent pledges of such tax increment by agreement of the Authority and City. 4.When the entire public development costs of the Program have been paid and all principal and interest on the Series 2021A Bonds, Refunding Bonds, and other obligations issued to finance the public development costs of the Program have been paid, then the Authority shall report such fact to the City Council of the City and the Authority shall submit a final statement of such payments. 5.An executed copy of this Agreement shall be filed with the County Auditor of Dakota County pursuant to the requirement contained in Section 469.178, Subd. 2, Minnesota Statutes. S-1 TAX INCREMENT PLEDGE AGREEMENT 4821-7515-2091\4 IN WITNESS WHEREOF, the City and the Authority have caused this Agreement to be duly executed on their behalf as of the day and year first above written. CITY OF EAGAN, MINNESOTA By _______________________________ Mayor ATTEST: _____________________________ City Clerk [City Signature Page to Amended and Restated Pledge Agreement relating to the City’s Taxable General Obligation Bonds, Series 2021A] S-2 TAX INCREMENT PLEDGE AGREEMENT 4821-7515-2091\4 EAGAN ECONOMIC DEVELOPMENT AUTHORITY By _______________________________ President By _______________________________ Executive Director [Authority Signature Page to Amended and Restated Pledge Agreement relating to the City’s Taxable General Obligation Bonds, Series 2021A]