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05/17/2011 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 17, 2011 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE I 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- A. APPROVE MINUTES PILE B. PERSONNEL ITEMS f IS C. APPROVE Check Registers -f 14 D. DECLARE Bicycles, Unclaimed Property and Miscellaneous City Property to be Surplus PAC) E. APPROVE Updates to the City's Emergency Plan regarding the Dispensing of Medication to Personnel Deemed Mission Critical F. APPROVE Resolution to Accept In -Kind Donation from Kwik Trip for the 2011 5K Your Way Event and APPROVE any Necessary Changes to the 2011 Budget P 3D G. DIRECT Preparation of City Code Amendment in Consideration of Amended Law regarding City Variance Authority P 3 1 H. APPROVE Lease Agreement with JBL Companies for Property at 3795 Pilot Knob Road IPS.3 I. ACCEPT Additional House Plan Options for Stonehaven Planned Development 1 J. APPROVE Agreement for Temporary Contract Building Inspection Services through June 2011 f. ( K. RECEIVE Petition and Schedule Public Hearing (June 21, 2011) to Vacate Drainage & Utility Easement, Outlots A & E Stonehaven 1 Addition P (p? L. APPROVE Plans & Specifications/ Authorize Ad for Bids, Contract 11 -08 Cedar Grove Boulevard Street & Utility Improvements P(pg M. APPROVE Change Order No. 1 for Contract 11 -02 Citywide Street Improvements f>[ N. APPROVE Change Order No. 3 for Contract 09 -04, Fish Lake Alum Dosing & Sediment Basin 00. APPROVE Commercial /Multiple Dwelling Trash Hauler License for D.J. Troje and Dennis Troje, Troje's Trash Pick Up, Inc. APPROVE Corrective Warranty Deed for Lockheed Martin Corporation ���Q. APPROVE Waiver of Subdivision and Platting for Conveyance of Remnant Parcel (Joe Miller Farms to Lockheed Martin Corporation) V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 4 0 1 � City of Eagan Y010 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 13, 2011 SUBJECT: AGENDA INFORMATION FOR MAY 17, 2011 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 17, 2011 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 17, 2011 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the May 3, 2011 Regular City Council meeting as presented or modified. ATTACHMENTS: Minutes oA the April 20, 2011 Regular City Council meeting are enclosed on pages through. 0 DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 3, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields and Tilley. Councilmember Hansen was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, May 3, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields and Tilley. Councilmember Hansen was absent. Also present were City Administrator Tom Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Director of Parks and Recreation Johnson, Parks and Recreation Program Manager Nowariak, City Engineer Matthys, Police Chief McDonald and Fire Chief Scott. AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye:4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Director of Parks and Recreation Johnson introduced the Holz Farm volunteers. The Council recognized Don Holz for 2,000 volunteer hours, Norm Peterson for 1,000 volunteer hours, Joel Klein for 500 volunteer hours and Bob Lane for 250 volunteer hours at Holz Farm. CONSENT AGENDA The City Council briefly discussed Consent item B. Military Leave Provisions and Consent item S. Code Amendment re: Advisory Commissions. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye:4 Nay: 0 A. It was recommended to approve the minutes of the April 20, 2011 regular City Council meeting and the minutes of the April 26, 2011 Special City Council meeting as presented B. Personnel Items: 1. It was recommended to accept the resignation of temporary Receptionist, Krystal Ludgate and approve the hiring of a new temporary part-time receptionist 2. It was recommended to approve the military leave provisions for a City employee being deployed to active duty effective May 2011 as amended. • The City of Eagan has an employee who will be deployed May 2011 for approximately 12 months. The City is required to follow the provisions set forth by the Uniformed Services Employment and Reemployment Rights Act of 1994 ( "USERRA ") and related Minnesota Statutes • In addition to following federal and state regulations, the City will continue the employee's life insurance benefit not to exceed 18 months, per COBRA guidelines • The City will also provide compensation to the same level of that of an active employee by paying the difference between the employee's military pay and what he would be paid by the City as an active Police Officer with the same level of experience. Payments to the employee are contingent on the City receiving proof of military pay. • Per USERRA, medical and dental insurance benefits for the employee may be continued through the City. If so, the City will continue to pay the same contribution amount as that of an active employee. 3 City Council Meeting Minutes May 3, 2011 2 1 Page DRAFT Compensation and all non seniority benefits will not exceed the duration of the military leave or 12 months, whichever is shorter. C. It was recommended to approve check registers dated April 14, 2011 and April 21, 2011 as presented D. It was recommended to approve a tree maintenance contractor license for Mike Lawrence, Lawrence Tree & Stump Services, Inc., 17082 Georgetown Way, Rosemount, MN E. It was recommended to approve the final payment for Contract No. 09 -12, Diffley / Rahn – Intersection/Roundabout Improvements F. It was recommended to receive a petition to vacate drainage and utility easements on Lot 5, Block 9 Nicols Ridge and Easement No. 1097680 and schedule a public hearing to be held on June 7, 2011 G. It was recommended to approve an Agreement for Engineering and Construction for Project 1052 with Dakota County for miscellaneous Signal Improvements – Flashing Yellow Arrow H. It was recommended to approve Contract 11 -10, Fish Lake, In -Lake Alum Dosing and award the contract to Sweetwater Technology I. It was recommended to approve Change Order No. 1 for Contract 11 -07 (Schwan Lake Direct Drainage Area, 2011 Rain Garden Improvements) J. It was recommended to Proclaim June as Eagan Lakes Appreciation Month K. It was recommended to Proclaim May 15 -21, 2011 as Public Works Week L. It was recommended to approve a Resolution to accept a donation of $5,000 from the Dakota Victim / Offender Panel and to authorize the necessary budget adjustments. M. It was recommended to approve a Resolution to accept a donation of $400 from the Eagan Rotary N. It was recommended to authorize the application of a Grant from Very Special Arts Minnesota for Capital Improvements for accessibility in the Eagan Art House Pottery Studio O. It was recommended to approve the City of Eagan Art Display in Public Buildings Policy P. It was recommended to approve the Blue Cross Blue Shield Market Fest Partnership Contract Q. It was recommended to approve a letter of support for Dakota Valley Recycling's GreenCorp Program Application R. Removed S. It was recommended to accept an Amendment to City Code, Chapter 2, Section 2.50 Advisory Commissions and Committees APPOINTMENT OF ADVISORY COMMISSION MEMBERS Voting was done by written ballot and initialed by each member of the City Council. There was Council consensus not to appoint alternate members to the advisory commissions. Councilmember Bakken moved, Councilmember Fields seconded a motion to allow Mayor Maguire to appoint the third Advisory Parks and Recreation Commissioner. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to appoint Gerald Engelke to the Gun Club Lake Watershed Management Organization. Aye: 4 Nay: 0 Advisory Planning Commission (APC) 2 -year Terms: 1. Andrew Jansma 2. Mike Supina 3. Mark Filipi 4. Jane Vanderpoel Gutknecht i ell City Council Meeting Minutes May 3, 2011 3 1 Page Advisory Parks and Recreation Commission (APrC) 2 -year Terms: 1. Laurie Halverson 2. Matthew Steele 3. Andrew Todd -Harem Airaort Relations Commission (ARC) 2 -year Terms: 1. Steve Beseke 2. Curtis Aljets 3. Daniel Johnson 4. Charles Thorkildson Energy and Environment Advisory Commission (EEAC) 2 -year Terms: 1. Jeff LeClair 2. Kari Palmer 3. Ross Bintner Gun Club Lake Watershed Management Organization (WMO) 3 -year Term: 1. Gerald Engelke DRAFT Councilmember Bakken moved, Councilmember Fields seconded a motion to ratify the appointment of members to the City Council's Advisory Commissions and Gun Club Lake WMO with terms beginning in May, 2011. Aye: 4 Nay: 0 PUBLIC HEARINGS PROJECT 1035, DENMARK / PROMENADE PLACE — TRAFFIC SIGNAL AND OVERLAY City Administrator Hedges introduced this item regarding Project 1034 — Denmark Avenue and Promenade Place. Public Works Director Colbert provided an overview of the intersection control evaluation study and street improvements and noted staff's recommendation to cancel the project in order to allow staff to further evaluate the improvements in coordination with additional modifications and improvements in the area. City Engineer Matthys provided additional background. Mayor Maguire opened the public hearing. A representative of Dakota County addressed the City Council regarding the timing of the County's road improvements. The owner of the Eagan Dairy Queen commended City staff for the process. The Mayor turned the discussion back to the City Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to cancel the project and direct staff to evaluate the improvements identified under Project 1035 in coordination with additional modifications and improvements in the area surrounding the intersections of Yankee Doodle Road with Town Centre Drive, Denmark Avenue and Promenade Avenue, along with preparation of a feasibility report with recommendations for Council consideration. Aye: 4 Nay: 0 5 City Council Meeting Minutes May 3, 2011 CRAFT 4 1 Page CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed the delinquent weed cutting bills, noting the City currently has 10 delinquent properties with an assessable amount of $2,676.80. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT REFUSE REMOVAL BILLS City Administrator Hedges discussed delinquent refuse removal bills, noting the City has one property with a delinquent bill. The assessable amount of the bill is $491.10. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the final assessment roll for delinquent refuse removal bills and authorize its certification to Dakota County. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator discussed delinquent utility bills noting the assessable amount of $203,898.08 and stated these items are in order for certification to the County. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 4 Nay: 0 OLD BUISNESS There were no Old Business items. NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING — JON POMROY City Administrator Hedges introduced the item regarding a Comprehensive Guide Plan Amendment from MD (Medium Density) to LD (Low Density) and a rezoning of approximately 1.7 acres from R -3 (Residential Townhouse) to R- l(Residential Single Family) located at 3755 Blackhawk Road. City Planner Ridley gave a staff report. Jon Pomroy was present to answer questions of the Council. A brief discussion was held. Councilmember Tilley moved, Councilmember Bakken seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Land Use Guide Plan Amendment to change the land use designation from MD, Medium Density (4 -12 units /acre) to LD, Low Density (0 -4 units /acre) for 0.81 acres located at 3755 Blackhawk Road. Aye: 4 Nay: 0 I City Council Meeting Minutes May 3, 2011 5 1 Page DRAFT Councilmember Tilley moved, Councilmember Fields seconded a motion to waive the adjacent community 60- day review and comment period for the Comprehensive Guide Plan Amendment. Aye: 4 Nay: 0 CONDITIONAL USE PERMIT — FAITH CHRIST FELLOWSHIP City Administrator Hedges introduced the item regarding a request for a Conditional Use Permit to permit a preschool facility on the property located at 670 Diffley Road, Eagan Hills Alliance Church. City Planner Ridley gave a staff report. The applicant was present to answer questions of the Council. A brief discussion was held. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to permit a preschool facility upon property located at 670 Diffley, Road, legally described as Lot 2, Block 1, Eagan Hills Alliance Church Addition subject to the following terms: Aye: 4 Nay: 0 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval, and proof of recording shall be submitted to the City prior to when the preschool opens. 2. The preschool shall be operated in compliance with all other County and State regulations. The preschool shall obtain and maintain all required permits and licenses required by the County or State. 3. Trash and recycling containers shall be enclosed per City Code standards no later than August 31, 2011; a Building Permit is required for this improvement. 4. The parking lot shall be striped per City Code standards no later than August 31, 2011; a Parking Plan shall be submitted to Building Inspectors for review and approved for accessible parking stalls prior to the lot being striped. 5. All signage shall meet City Code standards. CONDITIONAL USE PERMIT — TACO BELL / BORDER FOODS City Administrator Hedges introduced the item regarding a request for a Conditional Use Permit to allow a drive - through located at Taco Bell/Border Foods, 1325 Town Centre. City Planner Ridley gave a staff report. The applicant, Barbara Schneider, was present to answer questions of the Council. A brief discussion was held. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a Class II restaurant with drive- through service at 1325 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 Ninth Addition subject to the following conditions. Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 -days of approval by the City Council. 2. A pedestrian connection to the public sidewalk along Town Centre Drive be provided. 3. A designated bicycle parking area shall be provided as shown on approved Site Plan. 4. All mechanical equipment shall be screened from views from off the site, consistent with the provisions in the City Code. 5. Landscaping around the transformer shall be enhanced to provide screening from all directions. 6. All trash and recyclable storage shall be located within the designated space within the building. 7. Additional landscaping shall be provided along the front of the site and around the base of the pylon sign in the form of perennial planting beds or other small growth that will not hinder the function of the sidewalk, trail and snow storage easement. 8. Building identification numbers shall be installed consistent with City Code Section 2.78. 9. The pylon sign shall be improved by replacing the metal pole with a brick support column or with a brick base constructed around the pylon. City Council Meeting Minutes DRAFT May 3, 2011 6 1 Page 10. All signs are subject to the requirements of the City Sign Code. A sign permit is required for each sign prior to installation. CONDITIONAL USE PERMIT — SHOPPES OF DIFFLEY CROSSING City Administrator Hedges introduced the item regarding a request for a Conditional Use Permit to allow additional monument and directional signage and panel on existing pylon sign located at the Shoppes of Diffley Crossing, 4249 Johnny Cake Ridge Road. City Planner Ridley gave a staff report. The applicant, Mike Whalen, was present to answer questions of the Council. A brief discussion was held. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to add tenant panel signs on the existing pylon sign on property located at 1646 Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza, subject to conditions. Aye: 4 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The applicant shall revise the sign plan to enhance the development sign panel ( Shoppes at Diffley Crossing) and all tenant panel signage shall be designed and constructed to be consistent with the Kowalski's signage (only letter and logos illuminated); the revised plan shall be submitted to City staff for review and approval prior to release of the CUP for recording. 3. Except for business colors and logos, each tenant panel shall be similar in design and lighting. 4. A Sign Permit shall be obtained from the City prior to installation of the tenant panels. 5. All signage shall meet sign setback requirements. 6. This CUP is intended and shall supersede and replace the CUP for the pylon sign granted on October 7, 2008. 7. The pylon shall not exceed 208 sq. ft. in overall size. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to conduct center identification signage to add two directional signs on property located 1646 Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza, subject to conditions. Aye: 4 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage is subject to the Sign Plan received March 31, 2011. 3. A Sign Permit shall be obtained from the City prior to installation of the directional signs. 4. The Applicant shall replace any landscaping which is removed to install signs. 5. All signage shall meet sign setback requirements. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to construct center identification signage to add two monument signs on properties located at 4249 Johnny Cake Ridge Road and 1650 Diffley Road, legally described as Lots 3 and 6, Block 1, Diffley Plaza, subject to conditions. Aye: 4 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage is subject to the Sign Plans received March 31, 2011. 3. A Sign Permit shall be obtained from the City prior to installation of the monument signs. 4. All signage shall meet sign setback requirements. 5. Properties fronting on Johnny Cade Ridge Road shall have signage on the Diffley Road monument sign and properties fronting on Diffley Road shall have signage on the Johnny Cake Ridge Road monument sign as shown on the Monument Sign Key. 6. All landscaping shall be installed no later than August 31, 2011, per the Landscape Plan received March 31, 2011. N • City Council Meeting Minutes May 3, 2011 '�R A F T 7 1 Page 7. The Applicant shall replace any landscaping which is removed to install signs. FIRE ADMINISTRATION BUILDING TEMPORARY LEASE OPPORTUNITY — JBL COMPANIES City Administrator Hedges introduced the item regarding a lease agreement to permit JBL Companies to occupy the Fire Administration Building at 3795 Pilot Knob Road. Community Development Director Hohenstein gave a staff report. There was a brief discussion by the City Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct preparation of a lease agreement to permit JBL Company to occupy the Fire Administration Building at 3795 Pilot Knob Road on a temporary basis pending the sale of the site. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Fields moved, Tilley seconded a motion to adjourn the meeting at 9:00 p.m. Aye: 4 Nay: 0 Date City Clerk m Agenda Information Memo May 17, 2011 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Acknowledge the resignation of Krystal Ludgate, Temporary Receptionist/ Clerical Tech II (effective 5/25/2011), and authorize her replacement. Item 2. ACTION TO BE CONSIDERED: Approve the hiring for the Temporary Receptionist/Clerical Tech II position "to be named ". Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Martha Leander Cascade Bay Coordinator Mikiko Takagi Cascade Bay Coordinator Richard Barta Cascade Bay Coordinator Sarah Osojnicki Cascade Bay Coordinator TJ Styx Cascade Bay Coordinator Alex Barta Cascade Bay Guest Services Alexa Orak Cascade Bay Guest Services Amy Graves Cascade Bay Guest Services Angela Tumini Cascade Bay Guest Services Austin Phillips Cascade Bay Guest Services Austin Truskowski Cascade Bay Guest Services Breanna Cook Cascade Bay Guest Services Brittany Eng Cascade Bay Guest Services /o Carly Reimer Cascade Bay Guest Services David Eddy Cascade Bay Guest Services Evan Guetzlaff Cascade Bay Guest Services James Glewwe Cascade Bay Guest Services Jamie Sletten Cascade Bay Guest Services Jennifer Stanull Cascade Bay Guest Services Joseph Stelman Cascade Bay Guest Services Katharine Hamand Cascade Bay Guest Services Kayla Berntsen Cascade Bay Guest Services Kelsey Nelson Cascade Bay Guest Services Lauren Goodell Cascade Bay Guest Services Lisa Hughes Cascade Bay Guest Services Matthew Johnson Cascade Bay Guest Services Megan Gruenke Cascade Bay Guest Services Melanie Anderson Cascade Bay Guest Services Michelle Lange Cascade Bay Guest Services Mitchell Chrastil Cascade Bay Guest Services Rachel Berryman Cascade Bay Guest Services Robin Butler Cascade Bay Guest Services Senja Smith Cascade Bay Guest Services Taylor Donnelly Cascade Bay Guest Services Wesley Kimball Cascade Bay Guest Services Zachary Lough Cascade Bay Guest Services Hannah Anderson Cascade Bay LG Instructor Julian Larrea Cascade Bay LG Instructor Nate Chrastil Cascade Bay LG Instructor Nathaniel Phillips Cascade Bay LG Instructor Adam Grinsell Cascade Bay Lifeguard Alexandra Emmons Cascade Bay Lifeguard Alicia Everson Cascade Bay Lifeguard Alyssa Zaborowski Cascade Bay Lifeguard Amanda Knutson Cascade Bay Lifeguard Anika Clark Cascade Bay Lifeguard Anna Williams Cascade Bay Lifeguard Anthony Giancana Cascade Bay Lifeguard Ashley Davis Cascade Bay Lifeguard Carissa Fisher Cascade Bay Lifeguard Dane Plifka Cascade Bay Lifeguard Danielle Gartner Cascade Bay Lifeguard David Bailly Cascade Bay Lifeguard Elise Farrington Cascade Bay Lifeguard Elizabeth Petesch Cascade Bay Lifeguard Elizabeth Rukavina Cascade Bay Lifeguard Erin Machacek Cascade Bay Lifeguard Grant Gittus Cascade Bay Lifeguard Griffin Voss Cascade Bay Lifeguard Hailey Johnson Cascade Bay Lifeguard Hanna Engebretson Cascade Bay Lifeguard Holly Krawza Cascade Bay Lifeguard Julie Pagh Cascade Bay Lifeguard Kevin Cairo Cascade Bay Lifeguard Lily Hamann Cascade Bay Lifeguard Logan Peterson Cascade Bay Lifeguard Lucas Petersen Cascade Bay Lifeguard Luke Mehring Cascade Bay Lifeguard Mara Plifka Cascade Bay Lifeguard Matthew Polum Cascade Bay Lifeguard Melissa Clawson Cascade Bay Lifeguard Michael Gates Cascade Bay Lifeguard Mitchell Johnson Cascade Bay Lifeguard Naomi Muckler Cascade Bay Lifeguard Nicole Meehan Cascade Bay Lifeguard Racheal Heimerl Cascade Bay Lifeguard Robert Miller Cascade Bay Lifeguard Ryan Cairo Cascade Bay Lifeguard Teresa DiGregorio Cascade Bay Lifeguard Thomas Clawson Cascade Bay Lifeguard Tim Massie Cascade Bay Lifeguard Trinda Phelon Cascade Bay Lifeguard Tyler Osegard Cascade Bay Lifeguard Zachara Truskowski Cascade Bay Lifeguard Zachary Bonifacio Cascade Bay Lifeguard Alexandria Voss Cascade Bay Pool Attendant Allison Merkley Cascade Bay Pool Attendant Alyssa Giancana Cascade Bay Pool Attendant Caitlyn Huonder Cascade Bay Pool Attendant Carl Winge Cascade Bay Pool Attendant Courtney Houdek Cascade Bay Pool Attendant Drew Ronchak Cascade Bay Pool Attendant Erica Anders Cascade Bay Pool Attendant Erika Melcher Cascade Bay Pool Attendant Evan Gittus Cascade Bay Pool Attendant Hannah Blenkush Cascade Bay Pool Attendant Hunter Stai Cascade Bay Pool Attendant Jacob Maeser Cascade Bay Pool Attendant Jacob Westphal Cascade Bay Pool Attendant Jessica Spurr Cascade Bay Pool Attendant Joe Phillips Cascade Bay Pool Attendant Jon Dale Cascade Bay Pool Attendant Luke Parker Cascade Bay Pool Attendant Megan Foster Cascade Bay Pool Attendant Meghan Garin Cascade Bay Pool Attendant Nicole Fowler Cascade Bay Pool Attendant Samantha Bramley Cascade Bay Pool Attendant Stefan Decker Cascade Bay Pool Attendant Claire Opsahl Parks & Recreation Evening Recreation Assistant Danielle Molliver Parks & Recreation Fitness Instructor III Kevin Kiewatt Parks & Recreation Landscape Crewmember Brandon Hinke Parks & Recreation Park Laborer Jeff O'Donnell Parks & Recreation Park Laborer John Hemmingson Parks & Recreation Park Laborer Ryan Wall Parks & Recreation Park Laborer Kaylin Bertsch Parks & Recreation Preschool Teacher Brooke Davidson Parks & Recreation Recreation Assistant Gina Peterson Parks & Recreation Recreation Assistant Jenna Hoffman Parks & Recreation Recreation Assistant Julie Anderson Parks & Recreation Recreation Assistant Marissa Vogt Parks & Recreation Recreation Assistant Meghan Murphy Parks & Recreation Recreation Assistant Michelle Williams Parks & Recreation Recreation Assistant Sara Morse Parks & Recreation Recreation Assistant Tyler Mangan Parks & Recreation Recreation Assistant Aaron Bray Parks & Recreation Recreation Leader Michael Bengen Parks & Recreation Recreation Leader Sarah Swenson Parks & Recreation Recreation Leader Lauren Whitacre Parks & Recreation Recreation Leader and Preschool Teacher Kim Maczko Parks & Recreation Site Coordinator 13 l� Agenda Information Memo May 17, 2011 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 28, 2011 and May 5, 2011 as presented. ATTACHMENTS: • Check registers dated April 28, 2011 and May 5, 2011 are enclosed without page number. /S7 Agenda Information Memo May 17, 2011, Eagan City Council Meeting D. DECLARE BICYCLES, UNCLAIMED PROPERTY AND MISCELLANEOUS CITY PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: To declare bicycles, unclaimed property and miscellaneous City property to be surplus. FACTS: ➢ Throughout the year, the City acquires a variety of unclaimed and stolen property and retires certain other City property that is no longer of any use. State Law permits the sale of such surplus items to the highest designation. ➢ Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use for the property, it is reallocated to the appropriate department instead of being sold. ➢ The City Council approved an agreement with PropertyRoom.com, an online auction service specializing in the disposition of unclaimed and surplus property. Prior to the sale of the property through PropertyRoom.com, the appropriate legal notice will be published in Thisweek Newspaper. ➢ In addition to utilizing PropertyRoom.com, the City may use other methods to sell surplus property. Any methods that are used will be consistent with the City's Policy for the Sale of Surplus City Property. ➢ In some cases, if the property has little or no value due to its condition, disposal is the best option. Per the City's Policy for the Sale of Surplus City Property, surplus property that is damaged or has nominal or no value may be deemed refuse or may be recycled. ATTACHMENTS (1): The surplus property list enclosed on pages n to I q . l �p Surplus Property List 1) 3 copy holders for typing with adjustable swing arm and heavy base 2) Acco mutual 50 2 -hole punch 3) Ace stapler metal with wood look handle 4) Beige desk scotch tape holder 5) Desk calendar (At a Glance) base 6) 2 large locking disk/DVD /CD holders 7) Small black disk/DVD /CD holders 8) Single row locking disk/DVD /CD holder 9) 22 assorted black plastic stackable letter size desk files 10) 5 black plastic stackable legal size desk files 11) Metal vertical letter size wall file - 5 slot 12) Misc. file holder 13) 2 single wall trays for files 14) 2 wine color letter desk trays 15) Small vertical metal file holder 16) 2 small vertical file or memo holders 17) Plastic large vertical file or memo holder 18) White plastic "Keep -it" box with attached lid 19) 5 Staxon steel drawers 20) Black plastic memo /pencil/pen post -it holder 21) Rubbermaid quick file 22) Fellows plastic raised shelf for computer monitor with letter size tray below 23) Black plastic raised shelf (with inset spinning top) for computer monitor with 2 letter size file trays below 24) Hard board white cube with 5 shelves 25) 18 X 24 framed cork board 26) Box of yellow tags with hole 27) Large under desk wrist rest pad with with right and left mouse pads 28) Fellows Mail /Literature Center 29) Black Suntone AM/FM radio with detachable speakers 30) Faux leather laptop bag 31) Fluorescent swing arm desk lamp in black matte finish 32) Post -it easel roll 33) Crary Bear Cat Chipper /Shredder w/8 Hp Honda engine (Model Number 703 80) 34) Webster Deep Root Fertilizer -w /extra drill bits 35) High Power Jack Deluxe 3000 electric trailer jack 36) TS- 44A Tree Spade. It has a Wisconsin S -12D engine. 37) GM Tech 2 Computer Code Reader 38)Night Vision Goggles )7 39) 2 sets Cobra Walkie Talkies 40) Wood Baseball Bat 41) Kicker Speakers & Amp in box 42) Pair of tennis shoes 43) Silver Plated Tea Pot 44) Silver Plated Coffee Pot 45) Green Luggage Bag 46) Black Handbag 47) Fighting Sioux banner 48) Basketball 49) 3 Golf Clubs 50) Travelers Power Station 51) Uniroyal Hide Away Spare Tire 52) Pair of size 13 Foot Joy Golf Shoes 53) Black & White Duffle Bag 54) Black & Red Duffle Bag 55) Black Backpack 56) Golf Club 57) Olympus Digital Color Printer 58) Go Video Video Cassette Recorder (VHS) 59) Panasonic DVD /CD Player 60) Panasonic Time Lapse Video Cassette Recorder (VHS) 61) Burle Time Lapse Video Cassette Recorder 62) RCA Video Cassette Recorder (VHS) 63) Pelco Duplex Color Multiplexer 64) Telton Duplex Multiplexer 65) Panasonic 21" TV 66) Star Model 45 Hot dog roller 67) Amana microwave RCS820BL 68) Casino PCR -T465 cash register 69) Randall Manufacturing refrigerator MOD 93,94,96,9800 series 70) Popcorn Popper Gold Medal Products Model 2085 71) 26" Girls Trek Silver Mtn Bike 21 speed model 800 72) 24" Girls Magna Pink Glacier Point 12 speed 73) 20" Boys Triax Blue & Gray PK 7 21 speed 74) 26" Boys MGX Black & Blue DX2 21 speed 75) 26" Boys Huffy Jackal Blue 18 speed 76) 26" Boys Schwinn Ranger Silver 21 speed 77) 20" Boys Pacific Black & Gray 1 speed 78) 20" Boys Hoffman Prodigy Series Flow gr /rd/bl letters 79) 20" Boys Schwinn White 1 speed 80) 24" Girls Purple and Silver 21 speed 81) 26" Boys Huffy Grand Tour Green 21 speed je 82) 20" Boys Haro X2 Black & White 1 speed 83) 26" Boys Magna XL2 Gray 21 speeds 84) 26" Girls Magna Current Divide Teal /Blk/Gr 18 sp 85) 26" Boys Open Road City Bike Blue 10 speeds 86) 20" Boys Huffy Intense Chrome 1 speed 87) 26" Boys Mongoose Black & Silver 21 speeds 88) 24" Boys Magna Glacier Pt Red 15 speeds 89) 20" Boys Mongoose Gold 1 speed 90) 20" Boys Next Blue 1 speed 91) 26" Boys FS Elite Black River Black 18 speeds 92) 26" Boys Lynx Challenger Blue 18 speeds 93) 26" Girls Magna Fugitive Gray /Purple 10 speeds 94) 24" Girls Huffy Savvy Violet 15 speeds 95) 26" Boys NQT Power Climber Blu/Sil 18 speeds 96) 26" Boys Next Power Climber Red 18 speeds 97) 20" Boys Qwest Spike Red/Black 98) 20" Next Jewel Green 1 speed 99) 20" Girls Mongoose FSG Pink 1 speed 100) 26" Girls Murray Blue 18 speeds 101) 26" Boys Huffy Stalker Black 12 speeds 102) 20" Boys Schwinn Free Style Red 1 speed 103) 20" Magna Black/Blue 6 speeds 104) 26" Boys Trek Y Foil Sixty Six Red Arther Oakley 24 sp 105) 26" Boys Trek OCLV Maroon 24 sp 106) 26" Boys Pacific Precision Drive Red 15 speed 107) 26" Girls Sparten Blue 10 speeds 108) 26" Girls Magna Great Divide Blue 21 speeds 109) 24" Girls Magna Great Divide Purple 110) 24" Boys Kent Super 24 Yellow 21 speeds 111) 20" Boys Mongoose Outer Limit Blue 1 speed 112) 20" Boys MXB X Games Moto Bike Yellow 1 speed 113) 20" Boys Schwinn Super Stock Red 1 speed /9 Agenda Information Memo May 17, 2011 Eagan City Council E. Approval of updates to the City's Emergency Plan regarding the dispensing of medication to personnel deemed mission critical ACTION TO BE CONSIDERED: Approval of "Annex R" and Standard Operating Procedure language to the City's Emergency Plan specific to the dispensing of medication to personnel deemed "mission critical" FACTS: • In January 2011, the City signed a Joint Powers Agreement with the County for "Closed Point Dispensing." • Closed Points of Dispensing distribute medications during public health/other emergencies to specific groups of people and are not open to the public. • The Closed Point of Dispensing specified in the Joint Powers Agreement is for mission critical City staff so essential government operations can be maintained during a large scale public health emergency. • Annex R is an addition to the City plan and addresses the obligations of the City during an emergency. These responsibilities include notification of appropriate personnel, pick -up and securing of pharmaceuticals, and the provision of a site for the public health dispensing team. • The draft of Annex R and the standard operating procedure language has been reviewed by Dakota County Public Health officials. • During a countywide table top exercise on April 15, 2011, the proposed annex and language was tested and evaluated. • An annual review of the City's emergency plan will be completed by June, 2011. Barring any additional changes, updates should be distributed by July, 2011. ATTACHMENTS: Proposed Annex R and standard operating procedure language on pages "� 7 W CITY OF EAGAN ANNEX R EMERGENCY PREPAREDNESS PLAN MISSION CRITICAL DISPENSING I. Purpose This plan is intended to expedite the delivery of time sensitive (24hrs) medication to City staff and their household members in the event of a widespread health emergency. II. Plan Activation Criteria This plan shall be activated by the designated Mission Critical Personnel Coordinator upon receiving notification from Dakota County Homeland Security and/or the Dakota County Public Health Department. This plan is only intended for delivery of time sensitive (24hrs) emergency medications to City employees and their household members. Mission Critical Staff will be made aware of this plan through regular training opportunities. This plan does not address the dispensing of emergency medications to the public, nor the dispensing of non -time sensitive medications to City staff. III. Assumptions -An emergency situation exists which poses a high potential to cause widespread human illness. - Medications are available in adequate supply. - Medications must be dispensed within 24 hours in order to be effective. -The Dispensing Site will operate for a maximum of 4 hours, and one time only. - Expected number of screeners / dispensers provided by Public Health is 6. -The Emergency Operations Center will be partially or fully activated. III. Responsibilities City Emergency Management Coordinator -Act as the Mission Critical Personnel Coordinator for the City. - Oversee the dispensing site set -up and operation. - Coordinate ordering of medications. - Assign staff to Courier, Security, and Operations Support positions. -Act as lead contact with Dakota County Public Health Department. - Ensure City staff members are notified of an emergency dispensing event including the time, location, and any special instructions. Administrative Lieutenant -Act as the Mission Critical Personnel Coordinator if the Emergency Manager is not available. Police Admin. On -Call -Act as the Mission Critical Coordinator if the Emergency Manager and Administrative Lieutenant are not available. City of Eagan 93 Emergency Plan 2011 C�)'l CITY OF EAGAN EMERGENCY PREPAREDNESS PLAN III. Responsibilities continued... ANNEX R MISSION CRITICAL DISPENSING Community Service Officers - Depending on the day and time of notification, Community Service Officers may be assigned the following tasks: - Courier Responsible for picking up medications at the Empire Transportation facility, adjacent to the Dakota Communications Center. - Operations Support Staff Responsible for assisting with site set -up, directing patients at the dispensing site, and coordinating other activities with the County dispensing team. Police Officers - Provide security at the dispensing site and fill any or all roles of the Community Service Officer if Community Service Officers are not available. Police Records Staff -May act as Operations Support Staff assisting with site set -up, directing patients at the dispensing site, and coordinating other activities with the County dispensing team. City Hall Staff -May act as Operations Support Staff assisting with site set -up, directing patients at the dispensing site, and coordinating other activities with the County dispensing team. Procedures for managing the mass dispensing operation are detailed in the Standard Operating Procedure. City of Eagan 94 Emergency Plan 2011 CITY OF EAGAN EMERGENCY PREPAREDNESS PLAN STANDARD OPERATING PROCEDURE I. Procedures iaelet *016.0 MISSION CRITICAL DISPENSING The order of some activities below may be adjusted depending on Local Distribution Node (LDN) pick -up time, screener / dispenser deployment times, and time of day of initial notification. Initial Notification — The Dakota County Risk Manager / Homeland Security Coordinator will send a notification via an automated messaging system to the Mission Critical Coordinator and all alternates. 1. Emergency Management Coordinator 2. Administrative Lieutenant 3. Police Admin Supervisor on -call The initial notification message will include instruction to activate this plan, a brief summary of the situation, and Public Health contact information for coordination of the screening and dispensing. Verify Notification - Coordinator alternates will contact the Emergency Management Coordinator to verify that he /she is available and will carry out activation of the plan. The person taking responsibility for plan activation will contact the Homeland Security Coordinator to verify receipt of the notification. Public Health Contact — After verifying message receipt with the Homeland Security Coordinator the Mission Critical Coordinator will establish contact with the designated Public Health representative to determine the following items. -Local Distribution Node hours of operation / pick -up time - Desired timeframe for dispensing operations - Review Order Form "A" - Number of screeners and dispensers being deployed - Contact information for the Public Health Public Information Officer Assign and Notify staff — The Mission Critical Coordinator will determine assignments for the following positions and notify those personnel of plan activation. - Courier: Preferably a Community Service Officer, if not available ask the on -duty patrol Sergeant to assign an officer. If there is a threat of hostile action towards transport vehicles coordinate additional security with the on -duty Sergeant. (The courier must carry a photo ID & a copy of Order Form "A City of Eagan 140 Emergency Plan 2011 M CITY OF EAGAN EMERGENCY PREPAREDNESS PLAN STANDARD OPERATING PROCEDURE ANNEX R MISSION CRITICAL DISPENSING -Site Security: Preferably uniformed Patrol Officers. If dispensing operations are scheduled during regular business hours 2 Officers should be requested through the on -duty Patrol Sergeant. If dispensing during non - business hours 1 Officer may be sufficient. If there is a threat of civil unrest, coordinate additional security with the on -duty Sergeant and consider putting SWAT on standby for civil disturbance. - Operations Support Staff. Support staff will be identified based on the amount of lead time given and the time of day when dispensing will take place. Support staff will receive just -in -time training regarding their roles during the dispensing event. Begin Dispensing Site set -up — The designated dispensing site is the Eagan Room in the Municipal Center. As the coordinator and assigned staff arrive configure the Eagan Room as shown on the final page of this annex. This activity will supersede any other scheduled events in the Eagan Room, but if the Eagan Room is not physically available the alternate location will be the Civic Arena. Notify Mission Critical Staff Oe. all staff)* — The Mission Critical Coordinator will contact the DCC Supervisor and request a voice message be sent to all City staff via CodeRed. As a follow - up to the initial blast message to all staff, an additional CodeRed voice and text message will be sent to the EA Notify group requesting Department Heads to have all Supervisors attempt to confirm message receipt by their employees. 'Some circumstances may preclude dispensing to all staff and only a subset of employees may be issued medications. This direction will be provided by Dakota County Public Health and notification procedures will be adjusted accordingly. - The initial CodeRed message must include the following: -A brief summary of the incident. - Information that a dispensing site is being opened for employees and their household members. - Employees and household members will be required to complete health screening forms prior to receiving medications. If you are unable to attend but have access to fill out and submit a screening form, medication can be set aside for pick -up at a later time. - Location of the dispensing site and hours of operation. (Last names A -L first 2 hours, M- Z last 2 hours). -What to do if they receive this message after the dispensing site has closed. City of Eagan 141 Emergency Plan 2011 9.14 CITY OF EAGAN ANNEX R EMERGENCY PREPAREDNESS PLAN MISSION CRITICAL DISPENSING STANDARD OPERATING PROCEDURE Deploy Courier - In accordance with Public Health scheduling, deploy the courier to the Empire County Highway facility, (located next to the Dakota Communications Center), to arrive 15 minutes prior to the designated pick -up time. The courier must carry a photo ID and a copy of the medication Order Form "A " Check -in / Secure Medications — If dispensing is not taking place immediately upon the return of the courier the medications will be stored in the Police property room. A party other than the courier will verify the number of medications received from the Local Distribution Node. Medications will be moved between the property room and the dispensing site by a Community Service Officer or a sworn Officer. Oyening the Dispensing Site — The dispensing site must open at the time noted in the message sent to all staff. If there are changes to the opening time due to medication or dispensing staff delays a CodeRed message should be immediately released with the updated information. Security for the dispensing site should be on -scene 1 hour prior to opening of the site. Operating the Dispensing Site — Operations Support Staff will assist County staff with the operation of the dispensing site including directing people through the site, copying documents, and other miscellaneous tasks to complete the operation. All media inquiries or inquiries from the general public regarding the dispensing site will be referred to the Dakota County Public Information Officer. Closing the Dispensing Site — Upon completion of the allotted dispensing timeframe, County staff will cease dispensing operations. Any medications set aside for later pick -up will be housed in the Eagan PD property room. Those individuals picking up medications outside normal dispensing times must call the PD to schedule their pick -up time, keeping in mind the 24 hour window of effectiveness. The amount of unused medication will be documented prior to County Staff taking it back to the Health Department. The dispensing site is expected to operate for only 4 hours, and will be a one -time event. For those who miss the opportunity they will be referred to Public Health or their health care provider for further direction. Operations Support Staff will return the dispensing site to its pre - dispensing condition and ensure its security prior to departing the site. City of Eagan 142 Emergency Plan 2011 QS_ CITY OF EAGAN EMERGENCY PREPAREDNESS PLAN STANDARD OPERATING PROCEDURE EAGAN ROOM LAYOUT i! 0 4f ® ❑❑00 000000 000000 ❑ 0000❑ 0000000 LEG END Table w/ Forms O Seating area for completing forms Screener Tables Dispensing Tables 0 Security Enter 000► Exit Total number of mission critical personnel to receive medication at your agency 352 (Please provide breakdown of job classifications in a separate table on back of this page) Total number of mission critical personnel household members to receive medication 11232 at your agency (multiply total number of MCP above by 3.5) Other important information/comments: -250 Additional summer seasonals, temps, and interns City of Eagan ANNEX R MISSION CRITICAL DISPENSING Building Eaft*wc 143 Emergency Plan 2011 M41 CITY OF EAGAN ANNEX R EMERGENCY PREPAREDNESS PLAN MISSION CRITICAL DISPENSING STANDARD OPERATING PROCEDURE Mission Critical Personnel Prophylaxis Order Attachment 2 Form A Mission Critical Personnel Agency Metro Pharmaceutical Cache Mission critical personnel Agency name: Date /time sent to mission critical personnel agency coordinator: Part 1. (To be completed by mission critical personnel agency coordinator within 1 hour of receipt) Agency Name: Agency Coordinator: Agency Courier name: Vehicle model used for pickup of assets: Vehicle license plate No.: a. Number of mission critical personnel b. Household size (Multiply line a. by 3) c. Total regimens being requested (add lines a. and b.) Completed by: (printed name) (signature) Date: Time Return completed form to Dakota County Public Health Attn: Email Agenda Memo May 17, 2011 Regular City Council Meeting F. APPROVE resolution to accept in -kind donation from Kwik Trip for the 2011 Eagan 5K Your Way and approve any necessary changes to the 2011 budget. ACTION TO BE CONSIDERED: Adopt a resolution to accept in -kind donations from the Dodd Road Kwik Trip to support the 2011 Eagan 5K Your Way event and approve any necessary changes to the budget. FACTS: • The Eagan 5K Run/Walk has been a very successful growing community event hosted at Central Park over the last few years. • The Kwik Trip on Dodd Road approached the City of Eagan to donate food, water and coupons that would help enhance this popular event. • Donation/sponsorship dollars were budgeted for 2011 to allow this community program to be hosted by interested local partners. • Dodd Road Kwik Trip has asked to contribute 300 -8 oz bottles of water, 300 bananas, 200 apples and coupons to be given away during the 5K event. ATTACHMENTS: Copy of Resolution on Pag CITY OF EAGAN RESOLUTION TO ACCEPT IN -KIND DONATION FROM DODD ROAD KWIK TRIP WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, the Dodd Road Kwik Trip has expressed an interest in partnering with Eagan Parks and Recreation to support the 2011 Eagan 5K Your Way event; and WHEREAS, Dodd Road Kwik Trip has offered to donate several items to support the Eagan 5K Your Way event offered to the community; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the in -kind donation from the Dodd Road Kwik Trip of 300 -8 oz. bottles of water, 300 bananas, 200 apples and coupons to be given away to participants of the Eagan 5K Your Way event on May 31, 2011. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 17 day of May, 2011. City Clerk Consent Agenda Information Memo May 17, 2011 Eagan City Council Meeting G. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: Direct the City Attorney's office to prepare an ordinance amendment to City Code Chapter 11 relative to the City's Variance authority. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ A Minnesota Supreme Court ruling in 2010 restricted the authority municipalities had in granting Variances. ➢ The 2011 Legislative session produced a revised statute that modifies the circumstances under which a municipality can grant a Variance. The Governor has since signed the legislation into law. ➢ The City Attorney is recommending that the City amend the City Code to reflect the standards established in the new legislation. ➢ This amendment will require a Public Hearing held by the Advisory Planning Commission before it comes back to the City Council. ATTACHMENTS: None 0c) Agenda Information Memo Eagan City Council Meeting Consent Agenda April 5, 2011 H. FIRE ADMINISTRATION BUILDING TEMPORARY LEASE — JBL COMPANIES ACTION TO BE CONSIDERED: To approve a lease agreement to permit JBL Companies to occupy the Fire Administration Building at 3795 Pilot Knob Road on a temporary basis pending the sale of the site. FACTS (New Information in Bold): • As a part of the plan to dispose of the City's Fire Department buildings that are being replaced by the Fire Safety Center facility at Yankee Doodle Road and Wescott Woodlands, staff will prepare an RFP for price and proposed use for the sale of the Fire Administration Building at 3795 Pilot Knob Road. • It is understood that the City Council's ultimate intention is to sell the building and apply the proceeds to the costs of the new Fire Safety Center. In discussions in this regard, it also has been indicated that if the City were not able to attract acceptable purchase offers for the building in the near term, leasing it for some period of time until the office market improves would be a second option. • The City was recently approached with a proposal by Jeff Larson of JBL Companies to lease the property as -is on a month -to -month basis beginning on the first of June for the temporary relocation of his firm and some related businesses. Mr. Larson understands the City's long -term intention to sell the property and is willing to enter into the month - to- month arrangement with that in mind. • While leasing has not been the City's first choice, the proposal is being presented for consideration because it would provide revenue to the City while the RFP process is completed, Mr. Larson's proposed use could be accommodated without modifications to the building and within the constraints of the currently available parking on site, Mr. Larson's proposed use is largely weekday in nature so it would not expand the intensity of use on the site and, if the City does not receive acceptable purchase proposals when the RFP is issued, the lease could be renegotiated and extended. An additional benefit is that the City would pay substantially more to insure the vacant building through the RFP, sale and closing period than it would if the building were occupied during that process. • To balance the consideration, this would result in occupancy in the near term, before the City would have time to engage the neighborhood in the communication process intended as part of the preparation of the RFP, so neighbors may be concerned about the change in use on short notice. That said, the intention would still be to proceed with the RFP and neighborhood engagement process for the ultimate sale and occupancy of the space, so the lease term could be something of a test case for neighbors to observe leading up to the solicitation and receipt of proposals. • Mr. Larson has indicated that he is interested in being a proposer when the RFP is distributed, so there may also be a concern that his occupancy would provide an unfair 3/ advantage over other proposers. Staff has addressed this with Mr. Larson and he understands and agrees that one of the points of the month -to -month lease proposal is that the City ultimately may receive and select a different purchase proposal. Staff has discussed market lease rates with the County Assessor and a commercial broker not associated with Mr. Larson or his firm. Those sources suggested that a current market lease rate would be $8 per square foot for the office space and $4 per square foot for the garage space JBL would use. Mr. Larson has agreed to those rates, if they are acceptable to the Council. At its meeting of May 3, 2011, the City Council reviewed the proposal and, with the qualifications relative to the temporary nature of the lease noted above, directed preparation of a lease for this purpose. In negotiating the terms of the lease, it was concluded that during the first six months of the lease, the notice period would be 90 days, shifting to a 30 day notice after six months. Since the RFP process for sale will likely exceed six months in any case, this consideration will also permit JBL to have some initial period of stability to help justify the move, while retaining the temporary nature of the arrangement. In addition, the term of the lease will commence on July 1, 2011, rather than June 1 as had been noted in the original proposal. ATTACHMENTS: • JBL Fire Administration Lease on pages p ::5 through LEASE This Lease Agreement ( "Agreement ") is made and entered into this day of 2011, by and between the City of Eagan, a Minnesota municipal corporation, ( "Landlord ") and JBL Companies, Commercial Real Estate Services, Inc., a Minnesota corporation d/b /a JBL Companies ( "Tenant "). DEFINITIONS "Property and Building" - That certain real property located in the City of Eagan, County of Dakota and located at 3795 Pilot Knob Road, including all buildings and site improvements located thereon. "Demised Premises" - That certain Building located at 3795 Pilot Knob Road consisting of 10,000 square feet of office space and approximately 2,600 square feet of garage space. The Demised Premises includes the parking lot and landscaped areas as well. TERM 1. For and in consideration of the rents, terms, provisions and covenants herein, Landlord hereby lets, leases and demises to Tenant the Demised Premises on a month -to -month basis commencing on the July 1, 2011 (the "Commencement Date ") and expiring upon either party providing a minimum 30 -day notice that it does not intend to renew this lease (the "Expiration Date "), unless sooner terminated as hereinafter provided. Notice must be given prior to the first day of any calendar month to be effective for the following month. Notwithstanding any contained herein to the contrary, in the event that Landlord desires to terminate this lease Agreement within the first six months from the effective date, Landlord shall provide at least 60 days notice that it does not intend to renew this Agreement. BASE RENT 2. Tenant shall to pay to Landlord base rent for the Demised Premises ('Base Rent "), exclusive of any other charge provided for in this Lease to be paid by Tenant, as set forth below. Base Rent shall be payable in equal monthly installments, in advance, commencing on the first full month of the term of this Lease, and continuing on the first day of each subsequent month during the term hereof. Base Rent shall be paid without setoff, deduction, demand or counterclaim of any nature whatsoever, in advance on the first day of each and every calendar month during the term hereof. 1 33 Monthly Base Rent — Office 10,000 sq. ft. at $8.00 per sq. ft. for a total of $6,666.67 per month (the lower level — the basement is part of the office space rented) Monthly Base Rent — Garage: 2,600 sq. ft. at $4.00 per sq. ft. for a total of $866.67 per month Total Base Rent Each Month All Rent and other sums payable hereunder by Tenant which are not paid when due shall bear interest from the due date at the rate of twelve percent (12 %) per annum (the "Default Rate "). COVENANT TO PAY RENT 3. The covenants of Tenant to pay the Base Rent are each independent of any other covenant, condition, provision or agreement contained in this Lease. All rents are payable to Landlord at: City of Eagan Attn: Christina Scipioni, Clerk 3830 Pilot Knob Road Eagan, MN 55122 (or such other address indicated in writing by Landlord). UTILITIES 4. The Demised Premises contains mains and conduits to supply water, gas, electricity and sanitary sewage to the Property. Tenant shall pay, when due, all charges for sewer usage or rental, garbage, disposal, refuse removal, water, electricity, gas, fuel oil, L.P. gas, telephone and any other utility services or energy source furnished to the Demised Premises during the term of this Lease, and any renewal or extension thereof. If Landlord elects to furnish any of the foregoing utility services or other services furnished or caused to be furnished to Tenant, then the rate charged by Landlord shall not exceed the rate Tenant would be required to pay to a utility company or service company furnishing any of the foregoing utilities or services. 2 3�- CARE AND REPAIR OF DEMISED PREMISES 5. Tenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Demised Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder do not include the maintenance, repair and replacement, if necessary, of heating and air conditioning fixtures, equipment, and systems (the "HVAC Equipment "). When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. Tenant shall keep accurate and complete records of the performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The Tenant shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, and rubbish. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease, after notice shall have been given Tenant in accordance with Article 33 of this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 15% for overhead incurred by Landlord in making such repairs upon presentation to Tenant of bill therefor; provided, however, that no notice shall be required in the event of any hazardous or emergency condition. Landlord shall repair, at its expense, the structural portions of the Building; provided, however, where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Except as otherwise provided herein, the Landlord shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas, as well as maintenance of any and all landscaping, irrigation and green space. Tenant shall be responsible for all snow removal. 3 in SIGNS 6. Any sign, lettering, picture, notice or advertisement installed on or in any part of the Property and visible from the exterior of the Building, or visible from the exterior of the Demised Premises, shall be subject to Landlord's prior approval and shall be installed at Tenant's expense. In the event of a violation of the foregoing by Tenant, Landlord may remove the same without any liability and may charge the expense incurred by such removal to Tenant. ALTERATIONS, INSTALLATION, FIXTURES /AS -IS 7. Tenant hereby accepts the condition of the Demised Premises in an "As -Is, Where -Is" basis and Landlord makes no representation as to the suitability of the Demised Premises for any purpose. Tenant acknowledges that there are miscellaneous cubicles, office furniture and appliances that have been left on the Demised Premises. Tenant acknowledges that these are the property of Landlord and may not be removed by Tenant and they shall remain on the Demised Premises following termination of this Agreement. Except as hereinafter provided, Tenant shall not make any alteration, additions, or improvements in or to the Demised Premises or add, disturb or in any way change any plumbing or wiring therein without the prior written consent of the Landlord. In the event alterations are required by any governmental agency by reason of the use and occupancy of the Demised Premises by Tenant, Tenant shall make such alterations at its own cost and expense after first obtaining Landlord's approval of plans and specifications therefor and furnishing such indemnification as Landlord may reasonably require against liens, costs, damages and expenses arising out of such alterations. Alterations or additions by Tenant must be made in compliance with all laws, ordinances and governmental regulations affecting the Property and Tenant shall warrant to Landlord that all such alterations, additions, or improvements shall be in strict compliance with all relevant laws, ordinances, governmental regulations, permits and insurance requirements. Construction of such alterations or additions shall commence only upon Tenant obtaining and exhibiting to Landlord the requisite approvals, licenses and permits and indemnification against liens. All alterations, installations, physical additions or improvements to the Demised Premises made by Tenant shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease; provided, however, this clause shall not apply to movable equipment or furniture owned by Tenant, which may be removed by Tenant at the end of the term of this Lease if Tenant is not then in default. Tenant shall be responsible for all costs related to improvements or modifications to the Demised Premises required or necessary to comply with The Americans With Disabilities Act of 1990 (ADA), or similar statutes or law. 4 POSSESSION 8. Except as hereinafter provided, Landlord shall deliver possession of the Demised Premises to Tenant in the condition required by this Lease on or before the Commencement Date. Landlord shall not be liable in any respect for any failure to deliver possession of the Demised Premises to Tenant on or before the Commencement Date. The rentals herein reserved shall commence on the date when possession of the Demised Premises is delivered by Landlord to Tenant. Any occupancy by Tenant prior to the beginning of the term shall in all respects be the same as that of a Tenant under this Lease. Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Demised Premises. SECURITY AND DAMAGE DEPOSIT 9. Tenant contemporaneously with the execution of this Lease, has deposited with Landlord the sum of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00), receipt of which is acknowledged hereby by Landlord, which deposit is to be held by Landlord, without liability for interest, as a security and damage deposit for the faithful payment and performance by Tenant of all of its obligations hereunder, during the term hereof and any extension hereof. Landlord may co- mingle such deposit with Landlord's own funds and to use such security deposit for such purpose as Landlord may determine. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease to be kept and performed by Tenant during the term hereof and any extension hereof, and without limiting any other remedy available to Landlord, then Landlord either with or without terminating this Lease, may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease, damages or deficiencies in any reletting of the Demised Premises, and reasonable attorney's fees incurred by Landlord. Should the entire deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this paragraph, Tenant upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. Said security deposit shall be returned to Tenant, less any amounts retained by Landlord pursuant to the provisions of this paragraph, at the end of the term of this Lease or any renewal thereof, or upon the earlier termination of this Lease. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions of this Lease or otherwise. G -/ In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease, Landlord may assign said security deposit or any balance thereof to Landlord's assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without the written consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to the Tenant. USE 10. The Demised Premises shall be used and occupied by Tenant solely for the purposes of general office and educational conference facility use so long as such use is in compliance with all applicable laws, ordinances and governmental regulations affecting the Building and Demised Premises. The Demised Premises shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Landlord shall be obligated, as a result of the purpose or manner of said use, to make any addition or alteration to or in the Building. The Demised Premises shall not be used in any manner which will increase the rates required to be paid for public liability or for fire and extended coverage insurance covering the Demised Premises. Tenant shall occupy the Demised Premises, conduct its business and control its agents, employees, invitees and visitors in such a way as is lawful and reputable, and will not permit or create any nuisance, noise, odor, or otherwise interfere with, annoy or disturb any other tenant in the Building in its normal business operations or Landlord in its management of the Building. Tenant's use of the Demised Premises shall conform to all the Landlord's rules and regulations relating to the use of the Demised Premises. Outside storage on the Demised Premises of any type of equipment, property or materials owned or used by Tenant or its customers or suppliers shall not be permitted. ACCESS TO DEMISED PREMISES 11. The Tenant agrees to permit the Landlord and the authorized representatives of the Landlord to enter the Demised Premises at all times during usual business hours for the purpose of inspecting the same and making any necessary repairs to the Demised Premises and performing any work therein that may be necessary to comply with any laws, ordinances, rules, regulations or requirements of any public authority or of the Board of Fire Underwriters or any similar body or that the Landlord may deem necessary to prevent waste or deterioration in connection with the Demised Premises. Nothing herein shall imply any duty upon the part of the Landlord to do any such work which, under any provision of this Lease, the Tenant may be required to perform and C? 'm the performance thereof by the Landlord shall not constitute a waiver of the Tenant's default in failing to perform the same. The Landlord may, during the progress of any work in the Demised Premises, keep and store upon the Demised Premises all necessary materials, tools and equipment. The Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other damage of the Tenant by reason of making repairs or the performance of any work in the Demised Premises, or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof and the obligations of the Tenant under this Lease shall not thereby be affected in any manner whatsoever. Landlord reserves the right to enter upon the Demised Premises at any time in the event of an emergency and at reasonable hours to exhibit the Demised Premises to prospective purchasers or others; and to exhibit the Demised Premises to prospective Tenants and to the display "For Sale" or "For Lease" or similar signs on the Property or windows or doors in the Demised Premises. DAMAGE OR DESTRUCTION 12. In the event of any damage or destruction to the Demised Premises by fire or other cause during the term hereof, the following provisions shall apply: a. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Landlord, will equal or exceed fifty percent (50 %) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Landlord may, no later than the thirtieth (30th) day following the damage, give Tenant written notice of Landlord's election to terminate this Lease. b. If the cost of restoration as estimated by Landlord will equal or exceed seventy - five percent (75 %) of said replacement value of the Building and if the Demised Premises are not suitable as a result of said damage for the purposes for which they are demised hereunder, in the reasonable opinion of Landlord and Tenant, then Tenant may, no later than the thirtieth (30th) day following the damage, give Landlord a written notice of election to terminate this Lease. C. If the cost of restoration as estimated by Landlord shall amount to less than fifty percent (50 %) of said replacement value of the Building, or if, despite the cost, Landlord does not elect to terminate this Lease, Landlord shall restore the Building and the Demised Premises with reasonable promptness, subject to delays beyond Landlord's control and delays in the receipt of insurance proceeds by Landlord; and Landlord shall not be responsible for restoring or repairing leasehold improvements of the Tenant. 7 37 d. In the event either of the elections to terminate is properly exercised, this Lease shall be deemed to terminate on the date of the receipt of the notice of election and all rents shall be paid up to that date. Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. e. In any case where damage to the Building shall materially affect the Demised Premises so as to render them unsuitable in whole or in part for the purposes for which they are demised hereunder, then, unless such destruction was wholly or partially caused by the negligence or breach of the terms of this Lease by Tenant, its employees, agents or representatives, a portion of the rent based upon the extent to which the Demised Premises are rendered unsuitable shall be abated until repaired or restored. If the destruction or damage was wholly or partially caused by negligence or breach of the terms of this Lease by Tenant as aforesaid and if Landlord shall elect to rebuild, the rent shall not abate and the Tenant shall remain liable for the same. CASUALTY INSURANCE 13. a. In the event that the use of the Demised Premises by Tenant increases the premium rate for insurance carried by Landlord on the improvements of which the Demised Premises are a part, Tenant shall pay Landlord, upon demand, the amount of such premium increase. If Tenant installs any electrical equipment that overloads the power lines to the Building or its wiring, Tenant shall, at its own expense, make whatever changes are necessary to comply with the requirements of the insurance underwriter, insurance rating bureau and governmental authorities having jurisdiction. e. Tenant shall during the term of this Lease, obtain and maintain in full force and effect at its sole cost and expense a policy or policies of insurance insuring all of its personal property located within the Demised Premises from time to time, as well as all tenant improvements made thereto, against loss or damage by fire, explosion or other such hazards and contingencies for the full replacement value thereof. Such policy or policies shall provide that thirty (30) days written notice must be given to Landlord prior to cancellation or modification thereof. Tenant shall furnish evidence satisfactory to Landlord at the time this Lease is executed and thereafter from time to time upon request by Landlord that such coverage is in full force and effect. PUBLIC LIABILITY INSURANCE 14. Tenant shall during the term hereof, keep in full force and effect at its expense a policy or policies of public liability insurance with respect to the Demised Premises and the business of Tenant in amounts not less than $1,000,000 per occurrence, $2,000,000 0 aggregate using current ISO General Liability forms or equivalent naming the Landlord as an additional insured. Such policy or policies shall provide that thirty (30) days written notice must be given to Landlord prior to cancellation or modification thereof. Tenant shall furnish evidence satisfactory to Landlord at the time this Lease is executed and thereafter upon request by Landlord that such coverage is in full force and effect. DEFAULT OF TENANT 15. a. In the event of any failure of Tenant to pay any Base Rent or other amounts due hereunder within five (5) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant with all reasonable diligence, but in any event for more than thirty (30) days after written notice of such failure shall have been given to Tenant, or if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings, or any person shall file against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's or any such guarantor's property, or if Tenant or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into any similar arrangement, or if any guarantor of this Lease shall be in default in the performance of any covenant, duty or obligation under any guaranty or other agreement entered into with or in favor of Landlord and such default shall remain uncured for a period of thirty (30) days or more after notice of such default, or if Tenant shall abandon or vacate the Demised Premises or suffer this Lease to be taken under any writ of execution (any one or more of the foregoing shall constitute an "Event of Default "), then in any such event Tenant shall be in default hereunder, and Landlord, in addition to any other rights and remedies it may have, shall have the immediate right of re -entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the sole cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. b. Upon the occurrence of an Event of Default, Landlord shall have the right (in addition to any other rights or remedies) to either terminate this Lease or, from time to time, without terminating this Lease, to terminate Tenant's right of possession of the Demised Premises. If Landlord terminates Tenant's right of possession only, Landlord may, but shall in no event be obligated to, make such alterations and repairs as may be necessary in order to relet the Demised 2 IN Premises, and relet the Demised Premises or any part thereof upon such term or terms (which may be for a term extending beyond the term of this lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon any such reletting all rentals received by the Landlord from such reletting shall be applied first to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees and attorney's fees and costs of such alterations and repairs; third, to the payment of the rent due and unpaid payment of future rent as the same may become due and payable hereunder. If such rentals received from any such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant, upon demand, shall pay any such deficiency to Landlord. No such re -entry or taking possession of the Demised Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant. Notwithstanding any such reletting without termination, Landlord may at any time after such re -entry and reletting elect to terminate this Lease, and in addition to any other remedies it may have, it may recover from any Tenant all damages it may incur by reason of such breach, including the cost of recovering the Demised Premises, reasonable attorney's fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Demised Premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant to Landlord. C. Landlord may, at its option, in addition to any other rights or remedies available to it in this Lease or otherwise by law, statute or equity, spend such money as is necessary to cure any default of Tenant herein and the amount so spent, and costs incurred, including attorney's fees in curing such default, shall be paid by Tenant, upon demand. d. In the event suit shall be brought for recovery of possession of the Demised Premises, for the recovery of rent or any other amount due under the provisions of this Lease, or in connection with any Event of Default, and an Event of Default shall be established, Tenant shall pay to Landlord all expenses incurred in connection therewith, including attorney's fees, together with interest on all such expenses at the Default Rate from the date of such breach. e. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the Demised Premises, by reason of any Event of Default hereunder, or 10 otherwise. Tenant also waives any demand for possession of the Demised Premises, and any demand for payment of rent and any notice of intent to re- enter the Demised Premises, or of intent to terminate this Lease, other than the notices above provided in this Article, and waives any and every other notice or demand prescribed by any applicable statutes or laws. f. No remedy herein or elsewhere in this Lease or otherwise by law, statute or equity, conferred upon or reserved to Landlord shall be exclusive of any other remedy, but shall be cumulative, and may be exercised from time to time and as often as the occasion may arise. HOLD HARMLESS 16. Except to the extent any liability for damage or loss is caused by the gross negligence of Landlord, its agents or employees, Tenant shall hold harmless Landlord, the mayor, councilmembers and Landlord's officers, agents and employees, from any liability for damages to any person or property in or upon the Demised Premises and the Demised Premises, including the person and the property of Tenant and its employees and all persons in the Building at its or their invitation or sufferance, and from all damages resulting from Tenant's failure to perform the covenants or other provisions of this Lease. All property kept, maintained or stored on the Demised Premises shall be so kept, maintained or stored at the sole risk of Tenant. Tenant agrees to pay all sums of money in respect of any labor, service, materials, supplies or equipment furnished or alleged to have been furnished to Tenant in or about the Demised Premises, and not furnished on order of Landlord, which may be secured by any mechanic's materialmen's or other lien provided that Tenant may contest such lien, upon providing Landlord adequate security against such lien. If any such lien is reduced to final judgment and if such judgment or process thereon is not stayed, or if stayed and said stay expires, then Tenant shall immediately pay and discharge said judgment. Landlord shall have the right to post and maintain on the Demised Premises, notices of non - responsibility under the laws of the State of Minnesota. NON - LIABILITY 17. Landlord shall not be liable for damage to any property of Tenant or of others located on the Demised Premises, nor for the loss of or damage to any property of Tenant or of others by theft or otherwise. Without limiting the foregoing, Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow or leaks from any part of the Demised Premises or from the pipes, appliances, or plumbing works or from the roof, street or subsurface or from any other place or by dampness or by any such damage caused by other Tenants or persons in the Demised Premises, occupants of adjacent 11 �3 property, of the buildings, or the public or caused by operations in construction of any private, public or quasi - public work. Landlord shall not be liable for any latent defect in the Demised Premises. All property of Tenant kept or stored on the Demised Premises shall be so kept or stored at the risk of Tenant only and Tenant shall hold Landlord harmless from any claims arising out of damage to or loss of the same, including subrogation claims by Tenant's insurance carrier. ASSIGNMENT OR SUBLETTING 18. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord in each instance. Landlord recognizes that the following subtenants are affiliated with Tenant and may occupy the Demised Premises: Colors Consulting; Emerson Technologies; and JBL Maintenance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord may be withheld in Landlord's sole discretion. Landlord's rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant's obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. ATTORNMENT 19. In the event of a sale or assignment of Landlord's interest in the Demised Premises or this Lease, Tenant shall attorn to such assignee or other party and recognize such party as Landlord hereunder; provided, however, Tenant's peaceable possession will not be disturbed so long as Tenant faithfully performs its obligations under this Lease. Tenant shall execute, on demand, any attornment agreement required by any such party to be executed, containing such provisions as such party may require. NOVATION IN THE EVENT OF SALE 20. a. In the event of the sale of the Building, Landlord shall be and hereby is relieved of all of the covenants and obligations created hereby accruing from and after the date of sale, and such sale shall result automatically in the purchaser assuming and agreeing to carry out all the covenants and obligations of Landlord herein. 12 1QXq b. The Tenant agrees at any time and from time to time upon not less than ten (10) days prior written request by the Landlord to execute, acknowledge and deliver to the Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (as modified and stating the modifications, if any) and the dates to which the base rent and other charges have been paid in advance, if any, it being intended that any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchaser of the fee or mortgagee or assignee of any mortgage upon the fee of the Demised Premises. SUCCESSORS AND ASSIGNS 21. The terms, covenants and conditions hereof shall be binding upon and inure to the successors and permitted assigns of the parties hereto. REMOVAL OF FIXTURES 22. Notwithstanding anything contained in this Lease, if Landlord requests then Tenant will promptly remove at the sole cost and expense of Tenant all fixtures, equipment and alterations made by Tenant, at the time Tenant vacates the Demised Premises, and Tenant will promptly restore said Demised Premises to the condition that existed immediately prior to said fixtures, equipment and alterations having been made, all at the sole cost and expense of Tenant. QUIET ENJOYMENT 23. Landlord warrants that it has full right to execute and to perform this Lease and to grant the estate demised, and that Tenant, upon payment of the rents and other amounts due and the performance of all the terms, conditions, covenants and agreements on Tenant's part to be observed and performed under this Lease, may peaceably and quietly enjoy the Demised Premises for the business uses permitted hereunder, subject, nevertheless, to the terms and conditions of this Lease. RECORDING 24. Tenant shall not record this Lease or any memorandum hereof without the written consent of Landlord. 13 OVERDUE PAYMENTS 25. All monies due under this Lease from Tenant to Landlord shall be due on demand, unless otherwise specified and if not paid when due, shall result in the imposition of a service charge for such late payment in the amount of twelve percent (12 %) of the amount due. SURRENDER 26. On the Expiration Date or upon the termination hereof on a day other than the Expiration Date, Tenant shall peaceably surrender the Demised Premises broom -clean in good order, condition and repair, reasonable wear and tear only excepted. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Tenant shall, at its expense, remove all trade fixtures, personal property, equipment and signs, together with any fixtures, alterations or improvements required by Landlord and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be repaired by Tenant and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Landlord or Tenant upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration of termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Tenant shall indemnify Landlord against loss or liability arising out of or relating to any claims resulting from such failure, including without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall promptly surrender all keys for the Demised Premises to Landlord at the place then fixed for payment of rent and shall inform Landlord of combinations of any locks and safes on the Demised Premises. HOLDING OVER 27. In the event of a holding over by Tenant after expiration or termination of this Lease without the consent in writing of Landlord, Tenant shall be deemed a Tenant at sufferance and shall pay rent for such occupancy at the rate of one and one -half the last - current aggregate Base Rent, prorated for the entire holdover period, plus all attorney's fees and expenses incurred by Landlord in enforcing its rights hereunder, plus any other damages occasioned by such holding over. 14 ABANDONMENT 28. In the event Tenant shall remove its fixtures, equipment or machinery or shall vacate the Demised Premises or any part thereof prior to the Expiration Date of this Lease, or shall discontinue or suspend the operation of its business conducted on the Demised Premises for a period of more than thirty (30) consecutive days (except during any time when the Demised Premises may be rendered untenantable by reason of fire or other casualty), then in any such event Tenant shall be deemed to have abandoned the Demised Premises and such abandonment shall constitute an Event of Default under the terms of this Lease. CONSENTS BY LANDLORD 29. Whenever provision is made under this Lease for Tenant securing the consent or approval by Landlord, such consent or approval shall only be valid if it is made in writing. NOTICES 30. Any notice required or permitted under this Lease shall be deemed sufficiently given or secured if sent by registered or certified return receipt mail to the following: If to Tenant: JBL Companies 3795 Pilot Knob Road Eagan, MN 55122 If to Landlord: City of Eagan Attn: Christina Scipioni, Clerk 3830 Pilot Knob Road Eagan, MN 55121 With a copy to: Severson, Sheldon, Dougherty & Molenda, P.A. Attn: Robert B. Bauer 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 Either party may by like written notice at any time designate a different address to which notices shall subsequently be sent. 15 q( RULES AND REGULATIONS 31. Tenant shall observe and comply with such rules and regulations as Landlord may from time to time prescribe, on written notice to Tenant, for the safety, care, cleanliness and operation of the Building. - INTENT OF PARTIES 32. Except as otherwise provided herein, the Tenant covenants and agrees that if it shall at any time fail to pay any cost or expense required to be paid by Tenant hereunder, or fail to take out, pay for, maintain or deliver any of the insurance policies above required, or fail to make any other payment or perform any other act on its part to be made or performed as in this Lease provided, then the Landlord may, but shall not be obligated so to do, and without notice to or demand upon the Tenant and without waiving or releasing the Tenant from any obligations of the Tenant in this Lease contained, pay any such cost or expense, effect any such insurance coverage and pay premiums therefor, and may make any other payment or perform any other act on the part of the Tenant to be made and performed as in this Lease provided, in such manner and to such extent as the Landlord may deem desirable, and in exercising any such right, to also pay all necessary and incidental costs and expenses, employ counsel and incur and pay reasonable attorneys' fees. All sums so paid by Landlord and all necessary and incidental costs and expenses in connection with the performance of any such act by the Landlord, together with interest thereon at the rate of twelve percent (12 %) per annum from the date of making of such expenditure, by Landlord, shall be payable to Landlord on demand. Tenant covenants to pay any such sum or sums with interest as aforesaid and the Landlord shall have the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent payable under this Lease. GENERAL 33. a. The Lease does not create the relationship of principal agent or of partnership or of joint venture or of any association between Landlord and Tenant, the sole relationship between the parties hereto being that of Landlord and Tenant. b. No waiver of any default of Tenant hereunder shall be implied from any omission by Landlord to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord shall not then be construed as a waiver of a subsequent breach of the same covenant, term or condition. The consent to or approval by Landlord of any act by Tenant 16 M requiring Landlord's consent or approval shall not waive or render unnecessary Landlord's consent to or approval of any subsequent similar act by Tenant shall be construed to be both a covenant and a condition. No action required or permitted to be taken by or on behalf of Landlord under the terms or provisions of this Lease shall be deemed to constitute an eviction or disturbance of Tenant's possession of the Demised Premises. All preliminary negotiations are merged into and incorporated in this Lease. The laws of the State of Minnesota shall govern the validity, performance and enforcement of this Lease. C. This Lease constitutes the entire agreement between Landlord and Tenant affecting the Demised Premises and there are no other agreements, subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and executed in the same form and manner in which this Lease is executed. d. If any agreement, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such agreement, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each agreement, covenant or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law. e. If any person or entity extending credit to Landlord in connection with the Building requires a change in this Lease which does not materially decrease, diminish or restrict any of Tenant's rights hereunder, Tenant agrees, at the request of Landlord, to promptly execute and deliver to Landlord an amendment to this Lease incorporating such required changes; provided, however, that Tenant shall not be required to agree to any such changes which would change the financial obligations of Tenant hereunder, the location or size of the Demised Premises, the term of this Lease or which would otherwise materially decrease, diminish or restrict any of Tenant's rights hereunder. f. The submission of this Lease for examination does not constitute a reservation of or option for the Demised Premises, and this Agreement of Lease shall become effective as a Lease only upon execution and delivery thereof by Landlord and Tenant. 17 µ4 HAZARDOUS MATERIAL 34. a. The Demised Premises hereby leased shall be used by and /or at the sufferance of Tenant only for the purpose set forth in Article 11 above and for no other purposes. Tenant shall not use or permit the use of the Demised Premises in any manner that will tend to create waste or a nuisance, or will tend to unreasonably disturb other tenants in the Building or the Demised Premises. Tenant, its employees and all person visiting or doing business with Tenant in the Demised Premises shall be bound by and shall observe the reasonable rules and regulations made by Landlord relating to the Demised Premises, the Building or the Demised Premises of which notice in writing shall be given to the Tenant, and all such rules and regulations shall be deemed to be incorporated into and form a part of this Lease. b. Tenant covenants through the Lease Term, at Tenant's sole cost and expense, promptly to comply with all laws and ordinances and the orders, rules and regulations and requirements of all federal, state and municipal governments and appropriate departments, commission, boards, and officers thereof, and the orders, rules and regulations of the Board of Fire Underwriters where the Demised Premises are situated, or any other body now or hereafter as well as extraordinary, and whether or not the same require structural repairs or alterations, which may be applicable to the Demised Premises, or the use or manner of use of the Demised Premises. Tenant will likewise observe and comply with the requirements of all policies of public liability, fire and all other policies of insurance at any time in force with respect to the building and improvements on the Demised Premises and the equipment thereof. C. In the event any Hazardous Material (hereinafter defined) is brought or caused to be brought into or onto the Demised Premises, the Building or the Demised Premises by Tenant, its agents, employees, contractors or invitees, Tenant shall handle any such material in compliance with all applicable federal, state and /or local regulations. For purposes of this Article, "Hazardous Material" means and includes any hazardous, toxic or dangerous waste, substance or material defined as such in (or for purposes of) the Comprehensive Environmental Response, Compensation, and Liability Act, any so- called "Superfund" or "Superlien" law, or any federal, state or local statute, law, ordinance, code, rule, regulation, order decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or materials, as now or at any time hereafter in effect (collectively, "Environmental Laws "). Tenant shall submit to Landlord on an annual basis copies of its approved hazardous materials communication plan, OSHA monitoring plan, and permits required by the Resource Recovery and Conservation Act of 1976, if Tenant is required to prepare, file or obtain any such plans or permits. Tenant will 18 indemnify and hold harmless Landlord from any losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees) which Landlord may suffer or incur as a result of Tenant's breach of this Section 37 or its introduction into or onto the Demised Premises, Building or Demised Premises of any Hazardous Material. This Article shall survive the expiration or sooner termination of this Lease. FORCE MAJEURE 35. Either party's failure to perform the terms and conditions of this Lease, in whole or in part, other than any term requiring the payment of money, shall not be deemed a breach or a default hereunder or give rise to any liability of such party to the other if such failure is attributable to any unforeseeable event beyond such party's reasonable control and not caused by the negligent acts or omissions or the willful misconduct of such party, including, without limitation, flood, drought, earthquake, storm, pestilence, lightning, and other natural catastrophes and acts of God; epidemic, war riot, civic disturbance or disobedience, and act of the public enemy; fire, accident, wreck, washout, and explosion; strike, lockout, labor dispute, and failure, threat of failure, or sabotage of such party's facilities; delay in transportation or car shortages, or inability to obtain necessary labor, materials, components, equipment, services, energy, or utilities through such party's usual and regular sources at usual and regular prices; and any law, regulation, order or injunction of a court or governmental authority, whether valid or invalid and including, without limitation, embargoes, priorities, requisitions, and allocations or restrictions of facilities, equipment or operations. In the event of the occurrence of such a force majeure event, the party unable to perform promptly shall notify the other party. EMINENT DOMAIN 36. If all or any substantial part of the Property shall be acquired by the exercise of eminent domain, Landlord may terminate this Lease by giving written notice to Tenant on or before the date possession thereof is so taken. CAPTIONS 37. The captions are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Lease nor the intent or any provision thereof. 19 5( IN WITNESS WHEREOF, the Landlord and the Tenant have caused these presents to be executed in form and mariner sufficient to bind them at law, as of the day and year first above written. TENANT: JBL Companies, Commercial Real Estate Services, Inc., a Minnesota corporation d/b /a JBL Companies By: Its: 20 6or LANDLORD: City of Eagan, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina Scipioni Its: Mayor Consent Agenda Information Memo May 17, 2011, Eagan City Council Meeting I. ACCEPT ADDITIONAL HOUSE PLAN OPTIONS FOR STONEHAVEN PLANNED DEVELOPMENT — LENNAR CORP. ACTION TO BE CONSIDERED: To accept additional house plan options for the Stonehaven Development located south of Yankee Doodle Road and west Wescott Woodlands. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Stonehaven Planned Development was approved in 2010. The development consists of a variety of single - family homes, twinhomes, and row townhomes. ➢ Development of the site began in 2010. Stonehaven I s' Addition included some single - family homes on both 65' and 85' wide lots. ➢ Early in 2011, Lennar approached the City with additional single - family house plans that include design features to "meet current lifestyle needs and buyer preferences that are not addressed by the current offerings in Stonehaven." ➢ The proposed house plans address two features that are desired by buyers, single level living and a main floor master suite two -story design. ➢ These new house plans will be subject to the same bulk standards for setbacks, lot coverage, structure height, etc. as other homes in the development. ➢ Staff has reviewed the house plans and finds them to be comparable in appearance to the units already approved in this development. ISSUES: None ATTACHMENTS (3): Location Map, page Applicant's narrative, pag es and� House plan drawings, pagesa2 through �3 April 15, 2011 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Stonehaven Dear Honorable Mayor and members of the Council; To endure the demands of today's challenging housing market, Lennar continues to evolve house plans to offer homes that are receptive to customers changing wants and needs. With that in mind, Lennar is proud to present a series of new home plans to supplement the existing collection already offered in the Stonehaven Community. The new plans are designed based upon focus groups conducted with Lennar buyers, feedback from JD Powers surveys, and market research. The presented plans include design features that meet current lifestyle needs and buyer preferences that are not addressed by the current offerings in Stonehaven to including single level living and main floor master suite two -story designs. The objective is to maintain variety without compromising the quality of craftsmanship and material selections of the home. Landmark Series — 65 ft Wide Homesites Lindbergh: The Lindbergh is a 1 story single family plan in the Landmark series. The finished main level has 1,902 sf including; 2 bedrooms, 2 baths, and a laundry room. With the optional lower level finish a buyer can add 2 bedrooms, a bathroom, a large rec room and a media/game area. This plan also includes a 3 car garage. Sinclair II: The Sinclair II is a 2 story single family plan in the Landmark series. The 2,469sf includes a 3 car garage, 4 bedrooms, 2.5 baths the main floor features a kitchen/dinette /great configuration along with a flex room. A highlight of the second floor is a large laundry room and spacious closets throughout. The Sinclair II is similar to the original Sinclair but recesses the garage further into the home creating additional elevations and curb appeal in the neighborhood. St. Croix II: The St. Croix II is a 2 story single family plan in the Landmark series. The 2,719 sf plan includes 4 bedrooms, 2.5 baths the main floor features a kitchen/dinette /great room configuration along with an oversized mudroom closet, dining room and a study. The second floor features a laundry room and loft. The St Croix II is similar to the original St Croix but recesses the garage further into the home creating additional elevations and curb appeal in the neighborhood. Taylor: The Taylor plan is a 2 story single family plan in the Landmark series. The 2,660 sf plan includes a 3 car garage along with 4 bedrooms, 2.5 baths. The spacious main floor includes a kitchen/dinette /great room configuration with a large kitchen center island, study, and an oversized mudroom closet. The second floor features a laundry room and loft. Lennar Minnesota • 935 Wayzata Blvd. E., Wayzata, MN 55391 • Phone: 952 - 249 -3000 • Fax: 952- 249 -3075 LEMN/AR.COM oP >o.,U.„ Heartland Series — 85ft Wide Homesites Weston: The Weston plan is a 1 story single family plan in the American Heartland series. The 2,498sf plan includes a 3 car garage along with 2 bedrooms, 2.5 baths and a finished den. Rounding out the main floor is a gourmet kitchen, formal dining room and a laundry room with a long countertop area. The lower level can be finished to add additional finished square footage including 2 more bedrooms and 2 more bathrooms along with a rec room and media/game area. Sterling: The Sterling plan is a 2 story single family plan in the American Heartland series. The 3,416sf plan with a 3 car garage is defined by the main floor owner's suite. The Sterling highlights a gourmet kitchen with a walk in pantry and a large center island, dining area, mud room, powder room, and a study. The second floor adds 3 more bedrooms (for a total of 4) along with a laundry room, loft, Jack and Jill bath and a hall bath. We feel strongly that the approval of these new plans will improve interest in Stonehaven. We appreciate your support and look forward to continuing our partnership with the City of Eagan in creating a successful Community. In the meantime, if you have any questions or comments feel free to contact me. spectfully, Joe Jablonski Lennar Corporation DL� Lennar Minnesota • 935 Wayzata Blvd. E., Wayzata, MN 55391 • Phone: 952- 249 -3000 • Fax: 952- 249 -3075 l = f ice•\ y F _ 1 y ' 1 1 ' �.L f s w s � j \ �+ �t 1 • � f 1 r: 1 1 G t X11 Q` T 1. 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F :t p .c r ti .ti .11 Al r� d 0 d � i a .4 +» *• a AbC I� y t ■ � ljY Y I r 3 n _ Utz iy ! ; t � k •X= 7 3, Z All * val hdo r ,N fig �hA�am �8s 0 40- f, ��- a au g � 615 jj lk STERLING 1 •a1:. 1 �; ?t r `� ��' • t _ - - -n .�, •ray. tr ' S 5 Agenda Information Memo Eagan City Council Meeting Consent Agenda April 5, 2011 J. APPROVE AGREEMENT FOR TEMPORARY CONTRACT BUILDING INSPECTIONS SERVICES THROUGH JUNE 2011 ACTION TO BE CONSIDERED: To approve an agreement to retain temporary contract building inspections services through June, 2011, and authorize a budget adjustment for that purpose. FACTS: From time to time in response to workloads, the City has retained a firm that provides temporary contract building inspections services. Most recently this was done several years ago when the volume of permits and inspections for roofing and siding work following hail and wind storms resulted in inspection backlogs of a week or more. While it is not possible or appropriate to staff for same day or very short turnaround inspections, our service focus is to avoid long delays in scheduling inspections so contractors and property owners doing their own projects can get their inspections and keep their work moving forward in a timely. The occasional use of contract services permits us to meet this standard. The city is beginning to experience an uptick in the amount and value of new building activity as the economy recovers. At the same time, a member of our inspection staff is on a leave of absence through June. In order to manage work flow and provide timely response, the contract position would be available up to three days a week as inspection schedule demand requires through this period. ATTACHMENTS: • None 6'�' Agenda Information Memo May 17, 2011 Eagan City Council Meeting K. OUTLOTS A & E, STONEHAVEN ADDITION DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easements on Outlots A & E, Stonehaven Addition, and schedule a public hearing to be held on June 21, 2011. FACTS: • On May 10, 2011, City staff received a petition from Joe Jablonski, representing Lennar Corporation, developer of the Stonehaven development, located south of Yankee Doodle Road and east of Lexington Avenue in central Eagan, requesting the vacation of all public drainage & utility easements within Outlots A & E, Stonehaven Addition. • Public easements were dedicated on these outlots of Stonehaven Addition to provide for public drainage. • The purpose of the request is to allow the recording of a final plat of the properties for the proposed Stonehaven 2 "d Addition development as a residential development. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The final plat of Stonehaven 2 " will address and incorporate all necessary public drainage & utility easements on this property. • The final subdivision for the Stonehaven 2 nd Addition development is also scheduled for Council consideration on June 21, 2011: • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description/ Gra hic, page • Location Map, page 0 C\j LL CI ii L J Do o < W 04 om r Z ul COU MAPLE TRAIL cou T) zu < l o u) O z Ln z o uj < m Llj x v) I z () < o W v , 0 >- LJ c° o u) W W D u m Z C 0 04 (n w < w 0 11 N W < L) z 0 cr Lu z z W of 00 o _IJCK)NOO o U) co u CJ k: 0 o cD L6 of O < to c o �ci 21 z v a xz < 0 < Ln < v a cL m Lo CJ W w w LD o u W° IA 0 Z v c (I , - m c :s � - T c, 0 L) I o z o� cL M < (A:[ 3: z O W zx 00 Z < lo ul o c5 0 < in I 0. 0 z Ui r Ld CD: w _j LU < < w u u) < (n L) < 0 0 > Z 0 Z M Ml E, Im CITY OF EAGAN Fig. 1 Proposed Easemant Vacation Location Map Q of ku Stonehaven 1st Addition We 3/28/2011 A�ENDOTA HEIGHTS 1 N M Z � EASEMENT VACATION LOCATION YANKEE DOODLE RD. ss zs n DUCKWOOD DR. - ui Q z O O z t Lu O� z n� O O J_ n. / 30 30 Lff 43 i CITY OF EAGAN Fig. 1 Proposed Easemant Vacation Location Map Q of ku Stonehaven 1st Addition We 3/28/2011 Agenda Information Memo May 17, 2011 Eagan City Council Meeting L. CONTRACT 11 -08, CEDAR GROVE BOULEVARD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 11 -08 (Cedar Grove Boulevard Street & Utility Improvements — Phase 1) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 16, 2011. FACTS: • Contract 11 -08 provides for the street realignment, upgrade and utility improvements of Cedar Grove Boulevard (formerly Sibley Memorial Highway) within the Cedar Grove Redevelopment Area in northwest Eagan (City Project No. 1051). • On March 1, 2011, the City Council held a public hearing for Project 1051. After public testimony, the Council approved Phase 1 improvements of the project, including two street alignment options and the construction of a trail along Cedar Grove Parkway, and authorized the preparation of detailed plans and specifications. • On April 5, 2011, the City Council authorized the preparation of preliminary plans for parking lot improvements at 3830 Sibley Memorial Highway in the Cedar Grove Redevelopment Area. • Alternate bids will be requested for the two different Cedar Grove Boulevard street alignment options, the Cedar Grove Parkway trail, the construction of parking lot improvements, and placement of conduit for future fiber installations. The City will reserve the right to select or reject any combination of alternates deemed in the City's best interest. • The plans and specifications have been completed by the City's consulting engineering firm Bolton & Menk, and are being presented to the City Council for their approval and authorization for the advertisement of bids. • Minnesota state law allows local agencies to choose a procurement system, termed Best Value Contracting (BVC) for construction projects, as an alternative to the standard low -bid contracting system. The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and performance. • BVC uses the relationship between performance and price to achieve the best overall value and lowest long -term cost for government construction projects. • On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting alternative for the procurement system for the public improvement projects for the City. The BVC method of procurement has been successfully used by the City on numerous project contracts since 2008. • The BVC method of procurement will be used for this contract, and will be advertised in the solicitation of these bids. All bids will be evaluated in an open and competitive manner. • All right -of -way needed for the construction of the improvements has been acquired. WA Agenda Information Memo May 17, 2011 Eagan City Council Meeting M. CONTRACT 11 -02, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 11 -02 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 11 -02 provides for the street improvements of: o Trotters Ridge/ Stafford Place (City Project 1032) o Woodland/ Sunrise Hills (Project 1037) o Engstroms Deerwood (Project 1038) o Hills of Stonebridge 1 St (Project 1041) o Bridle Ridge 1 St (Project 1042) o Blackhawk Pond (Project 1043) o Parking lot improvements to the Municipal Center's east, north, and Police Dept. lots o Schwartz Lake area rain garden curb cuts. • On April 5, 2011, the City Council awarded the base bid for Contract 11 -02 for these improvements. • Change Order #1 provides for the removal and reconstruction of two deteriorated storm sewer catch basin manhole structures, one each in the Hills of Stonebridge 1 St (Prof. #1041) and Bridle Ridge 1 St (Prof. #1042) neighborhoods, discovered during construction. • The change order provides for a total ADD of $11,630.00 (0.64% of original contract). The cost of the additional work will be the responsibility of the City's Storm Sewer Renewal & Replacement Fund. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo May 17, 2011 Eagan City Council Meeting N. CONTRACT 09 -04, FISH LAKE ALUM DOSING & SETTLING BASIN WATER QUALITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 09 -04 (Fish Lake Alum Dosing and Settling Basin — Water Quality Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09 -04 provides for the modification of the Fish Lake alum dosing process located at the Hurley Lake (Pond JP -11) storm sewer lift station, as well as the construction of a settling basin east of Pond JP -47, north of Wescott Rd and east of Denmark Avenue. • On October 5, 2010, the City Council awarded the bid for Contract 09 -04 for these water quality improvements to Stocker Excavating, Inc. • While already dealing with saturated soils throughout the grading of the settling basin, the extremely wet 8+ inches of snow that fell on November 13 -14 prevented the possibility for the contractor to finish grade the settling basin, place the sand bedding and liner, construct the access road and install the fence around the basin. The decision was made to cease construction activity until the 2011 construction season. • The significant snowfall through the 2010-11 winter and the wet spring continued to make the site inaccessible later than what was anticipated for the start up of the 2011 construction season. • Change Order #3 provides for one item: o Revise Completion Date to June 20, 2011. The extension of the construction schedule from the original Completion Date of May 20, 2011, to June 20, 2011, is needed to allow the contractor adequate time to complete the construction of the improvements. There is no cost associated with this proposed change order item. (ADD $0.00). • Change Order #3 does not provide for any additional cost and accordingly has no financial impact to the original contract. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. 31 Agenda Information Memo May 17, 2011, Eagan City Council Meeting O. APPROVE COMMERCIAL/MULTIPLE DWELLING TRASH HAULER LICENSE FOR D.J. TROJE AND DENNIS TROJE, TROJE'S TRASH PICK UP, INC. ACTION TO BE CONSIDERED: To approve a commercial /multiple dwelling trash hauler license for D.J. Troje and Dennis Troje, Troje's Trash Pick Up, Inc., 6010 Concord Blvd, Inver Grove Heights, MN. FACTS: ➢ D.J. Troje and Dennis Troje, owners of Troje's Trash Pick Up, Inc., have applied for a Commercial/Multiple Dwelling Trash Hauler license for 2011. All requirements of the application have been met and the fee has been paid. ➢ Staff recommends approval. ATTACHMENTS (0): None. The application is available for review in the Administration Department. 70 Agenda Information Memo May 17, 2011 Eagan City Council Meeting CONSENT AGENDA: P. CORRECTIVE WARRANTY DEED — LOCKHEED MARTIN ACTION TO BE CONSIDERED: Approve a Corrective Warranty Deed for Lockheed Martin Corporation and authorize the Mayor and City Clerk to execute all related documents. FACTS: • When Central Parkway (from Yankee Doodle Rd to Pilot Knob Rd) was designed and constructed in 2001, its alignment required the acquisition of portions of several parcels of property from the Lockheed Martin Corporation. These various tracts of property were conveyed to the City under a warranty deed. • As part of Lockheed Martin's pending sale of the property, a title search discovered some small descriptive errors in the numerous and lengthy legal descriptions for these various parcels. LM has prepared a Corrective Warranty Deed and is requesting the City's consent to ease the title transfer of the property with the pending sale. • This request has been reviewed by representatives of the Public Works Department and the City Attorney's office and found to be in order for favorable consideration by the Council. ATTACHMENTS: • Corrective Warranty Deed, pages through (Top 3 inches reserved for recording data) CORRECTIVE WARRANTY DEED Minnesota Uniform Conveyancing Blanks Business Entity to Business Entity Form 10.1.9 (2006) DEED TAX DUE: $ 1.65* DATE: .2011 (month/day/yead FOR VALUABLE CONSIDERATION, City of Eagan (insert name and marital status of each Grantor) a municipal corporation under the laws of Minnesota ( "Grantor "), hereby conveys and warrants to Lockheed Martin Corporation (insert name ofeach Grantee) a corporation under the laws of Maryland , ( "Grantee "), real property in Dakota County, Minnesota, legally described as follows: See Exhibit A attached hereto *This is a corrective deed, correcting an error in the legal description contained in the deed filed as Document No. 1846359. *The consideration for this transfer is less than $500. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Easements, covenants, encumbrances and restrictions of record. Check applicable box: ❑ The Seller certifies that the Seller does not know of any wells on the disclosed real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor City of Eagan (name of Grantor) By (signature) Its: Mayor (type of authority) By (signature) Its: Clerk (type of authority) Page 1 of 4 ;18� Page 2 of 4 1 Minnesota Uniform Conveyancing Blanks Form 10.1.9 State of , County of This instrument was acknowledged before me on , by (month/day/year) (name of authorized signer) as Mayor (type of authority) and by as Clerk of the City of Eagan (name of Grantor) (Seal 11 any) THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) (signature of notarial officer) Title (and Rank): My Commission expires: (montNdayyear) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: LARKIN, HOFFMAN, DALY & LINDGRGN, Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (RNB) Lockheed Martin Corporation P.O. Box 8048 Building 100 MS W4215 Philadelphia, PA 19101 -8048 `� 3 EXHIBIT A LEGAL DESCRIPTION Parcel 2 A tract of land, referred to as Tract H. Said tract is part of the following described property: Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota, lying northerly and easterly of a line described as commencing at the northwest corner of said Lot 2; thence easterly along the north line of said Lot 2 a distance of 919.34 feet to the point of beginning of said line; thence South 48 degrees 23 minutes 10 seconds East 849.21 feet; thence South 458.04 feet to the south line of said Lot 2 and said line there terminating. Said Tract H being part of the above described property lying southerly of the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot 1 a distance of 105.00 feet to the point of beginning of said line; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 188.29 feet; thence westerly, southwesterly and southerly 781.03 feet along a tangential curve concave to the southeast having a radius of 500.00 feet and a central angle of 89 degrees 30 minutes 00 seconds and said line there terminating. Together with: A tract of land, referred to as Tract J. Said tract is part of the following described property: Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota described as commencing at the northwest corner of said Lot 2; thence easterly along the north line of said Lot 2 a distance of 525.59 feet to the point of beginning; thence South 1,023.39 feet; thence East 807.17 feet; thence northeasterly 37.43 feet along a nontangential curve concave to the southeast having a radius of 75 feet and a central angle of 28 degrees 35 minutes 43 seconds the chord of said curve bears North 75 degrees 38 minutes 40 seconds East; thence easterly tangent to said curve 58.20 feet; thence easterly 94.49 feet along a tangential curve concave to the south having a radius of 1,014.47 feet and a central angle of 5 degrees 20 minutes 12 seconds; thence easterly 31.05 feet along a reverse curve concave to the north having a radius of 1,375 feet and a central angle of 1 de 17 minutes 38 seconds; thence North 458.04 feet; thence North 48 degrees 23 minutes 10 seconds West 849.21 feet to the north line of said Lot 2; thence westerly 393.75 feet along said north line to the point of beginning. And Page 3 of 4 Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota, lying northerly and easterly of a line described as commencing at the northwest corner of said Lot 2; thence easterly along the north line of said Lot 2 a distance of 919.34 feet to the point of beginning of said line; thence South 48 degrees 23 minutes 10 seconds East 849.21 feet; thence South 458.04 feet to the south line of said Lot 2 and said line there terminating, Said Tract J being part of the above described property lying southerly of the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot 1 a distance of 105.00 feet to the point of beginning of said line; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes I I seconds; thence westerly tangent to the last described curve 188.29 feet; thence westerly, southwesterly and southerly 781.03 feet along a tangential curve concave to the southeast having a radius of 500.00 feet and a central angle of 89 degrees 30 minutes 00 seconds and said line there terminating: And Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION lying easterly of a line which is 115.00 feet easterly of and parallel with the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot 1 a distance of 105.00 feet; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 100.00 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 115.00 feet; thence westerly deflecting to the left 90 degrees 00 minutes 00 seconds 88.29 feet; thence westerly and southwesterly 393.49 feet along a tangential curve concave to the southeast having a radius of 615.00 feet and a central angle of 36 degrees 39 minutes 35 seconds to the beginning of the line to be described; thence southwesterly and southerly 567.18 feet continuing along the last described curve having a radius of 615.00 feet and a central angle of 52 degrees 50 minutes 25 seconds; thence southerly tangent to the last described curve 150.00 feet and said line there terminating. (abstract property) Page 4 of 4 Agenda Information Memo May 17, 2011 Eagan City Council Meeting CONSENT AGENDA: Q. WAIVER OF SUBDIVISION AND PLATTING — LOCKHEED MARTIN ACTION TO BE CONSIDERED: Approve a Waiver of Subdivision and Platting for conveyance of a Remnant Parcel from Joe Miller Farms to Lockheed Martin Corporation, and a lot combination agreement with Lockheed Martin Corporation, in a form acceptable to the city attorney, to combine all tax parcels at the subject location into a single tax parcel, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In 2000, the City of Eagan purchased land from Joe Miller Farms for the future Central Park. Some of this land was subsequently transferred to Lockheed Martin in exchange for other rights of way acquisition needs for the Central Parkway ring road. • Many of these parcels were odd shaped unplatted properties with lengthy and complex legal descriptions. Subsequently, there was a small triangular piece of remnant property (less than 10 square feet) that was unintentionally left out of the conveyance description from Joe Miller Farms, Inc. • As part of Lockheed Martin's pending sale of the property, a title search discovered this omission and LM is now requesting the City to allow the conveyance of this remnant parcel from Joe Miller Farms to Lockheed Martin directly without having to go through a subdivision or platting process. • This request has been reviewed by the City Attorney's office and found to be in order for favorable consideration by the Council. ATTACHMENTS: • Quit Claim Deed, Description and Sketch of remnant parcel, pages through 9 . 90 (Top 3 inches reserved for recording data) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Business Entity to Business Entity Form 10.3.5 (2006) DEED TAX DUE: $ 1.65 DATE: 2011 (month/day/year) FOR VALUABLE CONSIDERATION, Joe Miller Farms, Inc. (insert name and marital status of each Grantor) a corporation under the laws of Minnesota ( "Grantor "), hereby conveys and quitclaims to Lockheed Martin Corporation, a Maryland corporation (insert name of each Grantee) ( "Grantee "), real property in Dakota County, Minnesota, legally described as follows: See Exhibit A attached hereto "The consideration for this transfer is less than $500. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances. Check applicable box: ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor Joe Miller Farms. Inc. (name of Grantor) By (signature) Its: President (type of authonty) Page 1 of 3 `"17 Page 2 of 3 State of Minnesota, County of Minnesota Uniform Conveyancing Blanks Form 10.3.5 This instrument was acknowledged before me on , by (month /day/year) of Joe Miller Farms. Inc. (name of Grantor) (Seal it any) THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) (name of authorized signer) as (type of authority) of notarial officer) Title (and Rank): My Commission expires: (month /day/year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (RNB) 1353105.1 1353105.1 Lockheed Martin Corporation P.O. Box 8048 Building 100 MS W4215 Philadelphia, PA 19101 -8048 /9 Exhibit A Description Sketch For LOCKHETO MARTIN CENTRAL PAAK LINES DESCRIBED IN SO�iirf L T PARCEL 2 OF TITLE `,NE COVVITIVENT 2 " 0 • � r81 03 GAP PRO: =OSED GORE DESCRIPTION 49 SO. FT, LINE PE3CRIBF7 IN GENERAL WARRANTY DEED DX. NO 1682080 of • OT 2 7 PROPOSED GORE DESCRIPTION That part c` Lot 2, Block 1, UNISYS cA: 2 ADDITION, Dakota County, ffirnesa a. lying w esterly at a line described as cornmencirg at the northwest corner o" said Lot 2; tferl- Ncrth 89 drqr-s .59 ,irut- 26 seconds East, 35sj—d betirinq, alar. the he north line of said Lot 2 a distance of 919.34 feet to the point of begirrirg of said line; thence South 48 degree, 23 ro ir utes 1 seconds East a d : - - s-,op -e of 849.21 1 feet; tirerce Scutt () degrees 12 mirutos Jb second-, East a d ista n ce o f 458 u 4 feet to the sc :. rd )th line of said Lot 2, a said line there ' 'or it acing. S aid aid part c' Lot Z -A n c. k t , b6nq . For; of the above described property lying southerly of the fol lowing d e,cr bed lire: C—r-ercing .� o( tl-eastccrner of Lot I 3 C 1-1 1 FARM ADDITION; th cr- scitt or along , he e '. II said Lot I a i , tance D f 105. �O feet to the point of beginning a' said line, -- t e roe westerly de9ecting to the right 85 degrees r ,) 2' rrirot- 0 cords 39 18 4t tierce westerly 216,25 feet ilorg a tangential ca rve concave to the so,th ho,irg a ralij s of 440 0 feet and a central argle of ; t decrees 09 r-ir -es 34 seconds hence westerly tar en. to the last described cjr- 8946 feHt: thence r-orti do'lectitig to the righ' 90' deqr�e,s 00 nnlr�te Of-' -,onds I-O.0O3 ',Lt, tte--, westerly 411 fe et norther 1 -1. .1o,g . cur- co- whose radius p a- t. the na,+ oirt is or ly ex-,ension of the lost described lire and - a,irg a d ij o f U1 725, et ard a cen tral angle of 3? ;' l degrees 33 mirjt, I s—rd% thence thence —s�vrly tsrtangent to the described c� 88.2o fee'; tf-erce —IrCrly. G3atr"6osterly ard scjtherly _781.03 feet alcrg a - ,Qr 1 ,r-tw1,I C;Arwa concave the southeast toonq a radios o and a central arql a' 89 degrees 3,; mir-as DO seconds and sold lire there terr-,iratirg 3 I hereby this sketch, pl.r. or report was prepared by or under rry direct sjpe—Ii- and that I dr a Jjiy Licer'sod Land Surveyor order the he State of lknne,-s-i, KOOrFMD Doted this 75th day of April. 2-D1 I JISUNDE La D �d- Page 3 of 3 19