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.
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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
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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
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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
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May 3, 2011
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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CITY OF EAGAN Fig. 1
Proposed Easemant Vacation Location Map
Q of ku Stonehaven 1st Addition
We 3/28/2011
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CITY OF EAGAN Fig. 1
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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