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09/02/2014 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 2, 2014 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE Minutes B. PERSONNEL Items C. APPROVE Check Registers D. APPROVE Cooperative Agreement with MN Department of Transportation – I35E/ Kettle Park to Kings Road Noise Wall E. ACCEPT the resignation of Chad Stambaugh from the Airport Relations Commission F. APPOINT Jeff Spartz to the remainder of a two-year term on the Airport Relations Commission G. AUTHORIZE the Application of a Grant from the Metropolitan Regional Arts Council in the Amount of $5,000 for a Community Arts Grant H. APPROVE a Special Events Agreement with CSM for Public Parking for the Food Truck Festival I. APPROVE Contingent Lease Agreement for Temporary Use of the Former Fire Administration Building J. APPROVE an Easement Vacation and Final Subdivision – Eagandale Office Park 6th Addition K. AUTHORIZE an Amendment to the Bid Opening Date from Thursday, August 28, 2014 to September 25, 2014 for Contract 14-0806 for the Cascade Bay Pump House Improvements L. APPROVE Original Artwork Agreement and Copyright Use Agreement V. PUBLIC HEARINGS A. Vacate Public Drainage & Utility Easements, Town Centre 100 1st/ 12th/ Eagan Place 4th Additions B. CERTIFY Delinquent Utility Bills C. CERTIFY Delinquent Nuisance Abatement Bills VI. OLD BUSINESS VII. NEW BUSINESS A. CONDITIONAL USE PERMIT- Bennerotte & Associates - A Conditional Use Permit to allow a pylon sign located at 3085 Justice Way B. CERTIFICATION of the preliminary 2015 budget and property tax levy, and setting of the public meeting date on which the budget and levy will be discussed VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Amendment to Ramp Operating Agreement with Paragon Outlet Partners in reference to the MHC hotel site 3. APPROVE Amendment of EDA Property Covenants, Conditions and Restrictions for the Cedar Grove Parking Garage relative to the subdivision of the property for the proposed MHC Properties hotel development 4. SCHEDULE Public Hearing to Consider the Sale of Property in the Cedar Grove Redevelopment District to Ryland Homes D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT Akkk- City of EaRan demo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: AUGUST 29, 2014 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 2, 2014 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 2, 2014 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 2, 2014 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 August 11 and August 14, 2014 Special City Council meetings and the August 19, 2014 regular City Council meeting as presented or modified. Attachments: (3) CA -1 August 11, 2014 Minutes CA -2 August 14, 2014 Minutes CA -3 August 19, 2014 Minutes MINUTES SPECIAL CITY COUNCIL MEETING AUGUST 11, 2014 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Director of Finance Pepper, Assistant Finance Director Feldman, Finance Intern Lundell, Director of Parks & Recreation Johnson, Director of Public Works Matthys, Director of Community Development Hohenstein, Fire Chief Scott, Police Chief McDonald. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye:5 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. RECOMMENDATIONS FOR ENERGY EFFICIENCY MEASURES OF CITY -OWNED BUILDINGS (Joint meeting with the Energy and Environment Commission) City Administrator Osberg noted tonight is the annual meeting with the Energy and Environment Commission (EEAC) to discuss the work plan and goals for 2014 -2015 and recommendations for energy efficiency measures of City -owned buildings. Director of Parks and Recreation Johnson introduced Chair, LeClair, and each of the Commissioners introduced themselves to the City Council. Johnson noted the first item is a set of recommendations on how to make City -owned buildings more energy efficient. Chair LeClair gave a summary of the proposed recommendations. The Council and members of the EEAC discussed the recommendations. After further discussion the Council agreed the EEAC should move to next steps that include the identification of a performance goal for city facilities, development of a plan to achieve the goal, and to also incorporate the options into the current space needs study. 2014 - 2015 - ENERGY AND ENVIRONMENT COMMISSION WORK PLAN AND GOALS Director of Parks and Recreation Johnson introduced the proposed 2014 -2015 EEAC work plan and goals. Chair LeClair gave an overview of the proposed work plan and goals. The Council and the members of the EEAC discussed the work plan and goals. Mayor Maguire suggested the Commission look at public awareness, and specifically how the City can get citizens engaged and aware of the changes the City is making and the changes they can make in their homes or businesses. Mayor Maguire thanked the Energy and Environment Commission for attending the meeting. Special City Council Minutes August 11, 2014 Page 2 SPERRY TOWER DRAFT FEASIBILITY REPORT City Administrator Osberg introduced the item noting on June 4, 2013, the City Council adopted the 5- year Capital Improvement Plan for Public Works Infrastructure, and authorized the initiation of the public improvement process for the 2014 programmed improvements. The resolution of the Sperry Tower was scheduled for 2014 as part of this CIP. Public Works Director Matthys noted on February 11, 2014, City staff presented the results of an on -line citizen survey to the Council. Survey results indicated strong support for replacing the water tower with an attractive communications tower. Matthys presented the preliminary design options for replacement of the existing structure. Matthys noted feedback from the Council will assist with the preparation of a feasibility report. The Council discussed the design options. It was the consensus of the Council to consider Option 4, and include in the feasibility report some aesthetic options for the top portion of the tower and lifetime cost analysis. Mayor Maguire noted the possibility of adding the Eagan logo to the tower. ORDINANCE AMENDMENT CONSIDERATION FOR INDOOR GUN RANGES City Administrator Osberg introduced the item noting consideration originated at a City Council Listening Session earlier this year, when staff was approached by an individual, O'Neal Hampton, to consider an amendment to the City Code to permit indoor gun ranges. Osberg noted staff research has determined that an indoor gun range could be considered to be indoor recreation and, as such, would be a permitted use in the Limited Industrial zone. Mr. Hampton and his attorney were present and available for questions. Director of Community Development Hohenstein gave a staff report and raised several policy issues for the Council's consideration. The City Council provided the following direction on the policy questions associated with indoor gun ranges: Zoning Code Issue: a) If City Code is amended to permit the discharge of firearms for the proposed use, should it simply be one of the permitted uses as a form of indoor recreation or would the Council want it to be a conditional use, requiring a CUP application? The Council agreed it should be permitted through a license. b) Should the use be permitted at any location within the 1 -1 zone or should protected use separations be required from certain uses (residential, day care, church, etc.)? The Council agreed no set -back requirements are required for this type of use. Licensing and Related Regulations: a) Does the City Council want to include annual licensing as a means of setting standards for a gun range and qualifying the operators of a facility? The Council directed an annual license requirement for the facility and operator. Special City Council Minutes August 11, 2014 Page 3 b) Does the Council want to model the license requirements on the City's liquor license to include a background check for the manager /operator of a facility at the initial issuance and whenever that person changes? Yes c) Does the Council want a license to be renewed on a regular basis? Yes d) Does the Council want the manager /operator of a facility to show that they qualify for a "permit to purchase" understate law? Yes e) Does the Council want the use or sale of alcohol on the premises be prohibited and that the use of the range by person under the influence be prohibited? The Council agreed they did. f) Does the Council want to regulate the caliber, velocity or types of rounds used at a facility or have other regulations such as prohibitions against gambling or standards for hours of operation? The Council agreed as long as the ordinance reflects State and Federal regulations there was no further regulations needed. g) Does the Council want the licenses to require annual action by the Council or be administered by staff? The Council agreed once the license is awarded initially by a Council action, staff can administer the annual renewal. Gun and Ammunition Sales: a) Since the City Code permits a portion of the floor area for a permitted use in an 1 -1 zone to be used for retail sales, should such sales be permitted or prohibited in an indoor gun range property? There was Council consensus that such sales be permitted and the facility have a sophisticated alarm /video system and the owner of an establishment selling firearms should subscribe to an automated pawn system. The City Council gave direction to staff to prepare draft ordinances for further consideration. The Council indicated they would like to review the draft amendments in a future workshop. The Council took a 10 minute break. 2015 GENERAL FUND BUDGET AND TAX LEVY City Administrator Osberg introduced the item noting Council will be reviewing the preliminary 2015 General Fund operating budget, the proposed property tax levy and public policy questions. Any modifications to the proposed levy and budget will be presented to the Council at the September 2, 2014 regular City Council meeting. Assistant Finance Director Feldman provided additional background pertaining to the preliminary general fund budget and related tax levy. Feldman noted formal action on the levy and the preliminary 2015 General Fund Budget are scheduled for the regular City Council meeting on September 2. The final levy certification and budget action is scheduled for the December 16, 2014 regular City Council meeting. The final Property Tax Levy that is due at the County no later than December 26, 2014 can be decreased but cannot be increased from the preliminary certification. Special City Council Minutes August 11, 2014 Page 4 Osberg provided additional background pertaining to the proposed increase in the General Fund expenditure budget. Osberg added the proposed General Fund Budget reflects an increase of 3.6 percent over the 2014 budget. Osberg provided an overview of the proposed General Fund Budget as it relates to specific departments and operations, and summarized the public policy issues for the City Council's consideration. Finance Director Pepper provided additional background pertaining to the general fund balance, preliminary market value, tax capacity and local tax capacity trends. The City Council discussed the proposed 2015 budget and the proposed payable 2015 Property Tax Levy. There was Council consensus that the budget level at a 3.6 percent increase was appropriate. There was Council consensus that the proposed department budget items were appropriate. There was Council consensus that the proposed total tax levy of 3.9% was appropriate. There was Council consensus that the allocation of the preliminary tax levy was appropriate. There was Council consensus to produce and cablecast live in late fall another virtual budget open house modeled after the successful open house of 2013. Osberg gave an overview of the future capital projects and space needs at various City facilities. Pepper provided a brief summary of the proposed funding options for the projects. Pepper noted once the final cost estimates are determined and a proposed funding plan is developed, staff will present that information at a future Council workshop. There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn at 8:25 p.m. Aye:5 Nay:O Date Mayor City Clerk MINUTES SPECIAL CITY COUNCIL MEETING AUGUST 14, 2014 8:00 A.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Osberg, Assistant City Administrator Miller, and City Clerk Scipioni CANVAS AUGUST 12, 2014 PRIMARY ELECTION BALLOTS Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 City Administrator Osberg introduced the item noting Minnesota Stature 205.185 Subd.3 requires a governing body of a city to certify its primary election results on the second or third day after the election. City Clerk Scipioni gave a brief recap of the August 12, 2014 primary election. Councilmember Fields moved, Councilmember Tilley seconded a motion to certify the results of the August 12, 2014 Municipal Primary Election. Aye: 3 Nay: 0 (Councilmember Bakken and Councilmember Hansen abstained) Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:04 a.m. Aye:5 Nay:0 Date Mayor Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 19, 2014 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken and Hansen. Councilmember Tilley arrived at 6:25 p.m. Councilmember Fields was absent. A regular meeting of the Eagan City Council was held on Tuesday, August 19, 2014 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Communications Garrison, Assistant Finance Director Feldman, Director of Community Development Hohenstein, City Planner Ridley, City Engineer Gorder, Director of Parks & Recreation Johnson, Assistant Parks & Recreation Director Flewellen, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted in yesterday's Additional Information the clarification on Consent Agenda Item G. Osberg noted the addition under Recognitions and Presentations of Item B. Recognition of Successful Outlet Mall Opening and City Efforts. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION Director of Parks & Recreation Johnson recognized Steve Hadden for his 28 years working for the City of Eagan as a Parks Maintenance Worker. City Administrator Osberg acknowledged the Twin Cities Premium Outlet mall opening on Thursday, August 14th and recognized all the hard work from a variety of sources including City staff. Mayor Maguire acknowledged the successful mall opening and congratulated City staff for all of their hard work with the development. The Council viewed the opening day time lapse video that was developed by E -TV staff. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended: Ayer 4 Nay: 0 Councilmember Hansen pulled Items I. & 0. for further comment. A. It was recommended to approve the minutes of August 4, 2014 regular City Council meeting. B. Personnel Items City Council Meeting Minutes August 19, 2014 2 page 1. It was recommended to approve Telework Agreement between the City of Eagan and Gina Dwyer. 2. It was recommended to approve the hiring of seasonal /temporary employees in Parks & Recreation and Utilities. C. It was recommended to approve the check registers dated August 1 and August 8, 2014. D. It was recommended to approve a resolution approving the special law enacted in the 2014 Legislative regarding Tax Increment Financing in regard to the Cedar Grove Redevelopment TIF District. E. It was recommended to request a Limited Use Permit from the Minnesota Department of Transportation (MnDOT) for the existing bituminous trail along Truck Highway (TH) 13, from Silver Bell Road to Blackhawk Road, and authorize the Mayor and City Clerk to execute all related documents. F. It was recommended to receive the bids and award Contract 14 -17 (Citywide Traffic Signal Painting) to OLS Restoration, Inc., for the Base Bid in the amount of $16,730.00, and authorize the Mayor and City Clerk to execute all related documents. G. It was recommended to approve the prohibition of parking on the east side of Alder Lane (Silver Bell Road to the south) and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve Change Order No. 1 to Contract 14 -04 (TH 55/149 Safety and Capacity Improvements) and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to authorize the Submittal of Comments in Support of Metro Transit Application for Counties Transit Improvement Board (CTIB) Funding for Cedar Grove Transit Station improvements. J. It was recommended to authorize staff to negotiate a contingent lease agreement for temporary use of the former Fire Administration Building at 3795 Pilot Knob Road. K. It was recommended to adopt a resolution approving an Exempt Permit for the Northern Star Council Boy Scouts of America to conduct a raffle on September 4, 2014 at the West End Fishing and Hunting Club, 4899 Brooklyn Lane. L. It was recommended to approve the general insurance renewal, with $50,000 deductible per occurrence and $150,000 aggregate deductible, for the period July 1, 2014 to July 1, 2015. M. It was recommended to approve a resolution to accept a donation of $363.75 in cash from Honeywell for the purpose of purchasing a portable sound system for use at Parks & Recreation community events and to authorize the necessary budget adjustment and direct the Mayor and City Clerk to sign the appropriate documents. N. It was recommended to approve the plans and specifications for Contract 14 -0806 (Cascade Bay pump house improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 28, 2014. 0. It was recommended to approve a resolution to approve and execute the Third Amended and Restated Joint Powers Agreement (JPA) and ratify the Agreement to consolidate Public Transit Services. P. It was recommended to authorize staff to prepare and submit comments to the Federal Communications Commission (FCC) regarding Comcast's proposed merger with Time Warner Cable and the spinning off of the Minnesota market to a new company known as Midwest Cable operated by Charter Communications. Q. It was recommended to direct the preparation of City Code Amendments to permit and license indoor gun ranges. City Council Meeting Minutes August 19, 2014 3 page PUBLIC HEARINGS There were no public hearings to be heard. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT and PRELIMINARY SUBDIVISION (EAGAN PROMENADE 4T" ADDITION) — CHICK -FIL -A City Administrator Osberg noted the Council is being asked to approve a planned development amendment to allow the subdivision and addition of a building and restaurant use with drive - through service within the Eagan Promenade located at 3380 Denmark Ave, and a preliminary subdivision to create two lots upon 2.63 acres. City Planner Ridley gave a staff report providing details on the proposed revised plans. Ridley noted an email was received late afternoon from HR Development, opposing the development. Joe Vavrina, HR Green, representing Chick- fil -A, addressed Condition #10 regarding the trash enclosure noting it will be moved to meet the setback requirement and that landscaping would be added on the north side of the enclosure. Mr. Vavrina addressed the concerns raised in the letter submitted by HR Development, owner of the building with Qdoba, Cherry Berry, and Potbelly. He discussed the amount and demand for parking stalls, and provided details on the modifications of the curbing on the east and west entrances to allow unobstructed access to the site and surrounding properties for semi - trucks and public safety vehicles. The Council discussed the cross easement agreements for ingress /egress and shared parking and the need for additional language to Condition #9. Mayor Maguire opened the public comment. The owner /operator of Houlihan's, addressed the Council and stated her opposition to the proposal due to the location of the building, the unusual subdivision, the potential for overflow parking using Houlihan's parking lot, traffic generation and tree removal. Roger Skare, representing Tom Giguere, Dairy Queen owner, stated his opposition to the proposal based on the addition of a drive - through, the proposed lot configuration, the trash enclosure being located off -site, parking shortages, the proposed signage and volume of traffic that will be generated. City Staff responded to the questions. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the proposed amendment and subdivision. Councilmember Bakken stated he could not support the planned development amendment, but if approved could support the preliminary subdivision. Councilmember Hansen moved, Councilmember Tilley seconded the motion to approve a Planned Development Amendment to allow the subdivision and addition of a building and a restaurant use with drive - through service within the Eagan Promenade Planned Development located at 3380 Denmark Ave, subject to the following conditions as amended: Aye: 3 Nay: 1 (Councilmember Bakken opposed) City Council Meeting Minutes August 19, 2014 4 page 1. A Planned Development Amendment Agreement shall be executed and recorded at the time of Final Subdivision. The following exhibits are required for the Agreement: a. Site Plan b. Landscape Plan c. Building Elevations d. Signage Plan e. Site Lighting Plan 2. The outdoor dining patio shall provide outdoor seating of not more than 16 seats as shown on the Site Plan. 3. The operation of the outdoor dining area shall be subject to compliance with the standards in the City Code. 4. A detail of the patio railing shall be provided for the Planned Development Amendment Agreement. 5. The flagpole shall not be used to display any business signs or logos. 6. Parking stalls and drive aisles shall be constructed consistent with the approved Site Plan. 7. All landscaped areas shall be served with automatic irrigation. 8. Tree species shall be revised on the Final Landscape Plan to substitute a species that is better suited to the growing conditions of a developed site, such as Bicolor Oak, in place of the proposed Bur Oak and Planetree species. 9. The parking lot light fixtures shall match the existing parking lot lighting. Lighting in the trash storage area and the flood light mounted on the building shall be shielded and downcast with the source of light not visible. 10. The trash enclosure shall not be located within any drainage and utility easement area and shall be redesigned to avoid such easements. 11. The trash enclosure is 35' long and shall be landscaped on all sides, save the access side, to soften the appearance. 12. The trash enclosure shall be constructed with an exterior brick finish to match the principal building. The service door to the storage area of the trash enclosure shall be painted to match the brick exterior of the enclosure. 13. Screening of mechanical equipment shall be provided in accordance with City Code requirements. 14. The monument sign shall be revised to meet City Code standards. 15. Detail and dimensions of the menu boards shall be provided for the PD Amendment Agreement. 16. Signage shall be restricted to only two sides of the building. 17. The monument shall be in its current location on Denmark Avenue. 18. The developer shall provide all existing access and parking easements for the Promenade shopping center and the private maintenance agreements and cross - easements for ingress /egress and shared parking, for review and approval of the City Attorney, prior to the planned development approval. 19. Applicant shall make the improvements to Promenade Place shown on the site plan dated July 29, 2014. Councilmember Hansen moved, Councilmember Tilley seconded the motion to approve a Preliminary Subdivision to create two lots upon 2.63 acres located at 3380 Denmark Avenue, subject to the following conditions as amended: Aye: 4 Nay: 0 City Council Meeting Minutes August 19, 2014 5 page 1. The developer shall comply with these standards, conditions of plat approval as adopted by Council on February 2, 1993: B1, B2, C1, C2, C4, D1, E1, and G1. 2. The property shall be platted. 3. All erosion /sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MnDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion /sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 4. The developer shall provide private maintenance agreements, in a form acceptable to the City Attorney, with Lots 1 and 2, Block 2, Eagan Promenade, for the installation and maintenance of the utility service and restoration of the parking lot, at a time of final subdivision approval. 5. The developer shall relocate the existing water main (the proposed revised plan with staff approval) in a manner acceptable to the City Engineer on property lines of Lot 1, Block 2, Eagan Promenade (TCF parcel). 6. The developer shall provide a 20' drainage and utility easement centered over all public water main being relocated. 7. The developer shall maintain public water service to all surrounding properties during the relocation of the main. 8. This developer shall provide hydrant spacing and locations in accordance with City fire Department and Public Works standards. 9. The developer shall provide all existing access and parking easements for the Promenade shopping center and the private maintenance agreements and cross - easements for ingress /egress and shared parking, for review and approval of the City Attorney, prior to the final subdivision approval. 10. The developer shall construct all modifications necessary to medians, curbs, and parking lots to allow unobstructed access to the site and surrounding properties for semi - trucks and public safety vehicles as determined by the City Engineer. 11. Parking stalls and drive aisles shall be constructed consistent with the approved Site Plan. 12. Applicant shall make the improvements to Promenade Place shown on the site plan dated July 29, 2014. The Council took a 10 minute break. MODIFICATION TO CITYVUE COMMONS CONDITIONS OF APPROVAL - INTERSTATE PARTNERS City Administrator Osberg noted the action before the Council is a modification to clarify an action the Council took at its July 17, 2014 meeting as it relates to Condition #79 — proof of possible parking. City Planner Ridley gave a staff report noting Condition #79 — possible proof of parking for Lot 3 relates only to Lot 2, the 10 -story apartment building, and not the entire development. City Council Meeting Minutes August 19, 2014 6 page Lonnie Provencher, Interstate Partners, was present and available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a modification to the Conditions of Approval for the CityVue Commons Preliminary Planned Development which consists of a mixed use development project upon approximately 10 acres generally located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue. Aye: 4 Nay: 0 NEW BUSINESS REZONING, PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT (DAKOTA RIDGE 2ND ADDITION) — DAKOTA RIDGE II City Administrator Osberg noted there are three actions before the Council, a rezoning from Limited Business to Planned Development for three unplatted parcels comprising 0.59 acres located at 3434 Washington Drive, a planned development amendment for the existing platted parcel for redevelopment of the property from a restaurant to a four -story hotel, and a final plat to consolidate the four existing parcels into a single platted lot. Osberg noted if the Council does approve the planned development amendment that will simultaneously constitute approval of a final planned development. City Planner Ridley gave a staff report noting the Advisory Planning Commission (APC) recommended approval of the hotel use and the proposed manufactured stone as a Class I building material. The applicant has removed the pylon sign from the proposal and is proposing building signage on two sides of the building. The applicant is also requesting a portion of the building signage to project one foot above the building parapet to comply with the franchise design standard. If the Council approves the request, a change to Condition #10 is needed. Ridley noted allowing the building elevations and exterior finish materials as proposed; Condition #6 requires finish materials to be consistent with City Code standards. As shown the Class I materials ratio, including the proposed manufactured stone, is 62.7% as compared to the City Code standard of 65 %. Mike Berkopec, the applicant, provided additional information regarding the request and was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the request. It was the consensus of the Council to allow the signage to project 1' above the parapet. It was the consensus of the Council to allow the manufactured stone as Class I material, if in staff's discretion, it meets a similar standard of aesthetics and durability of a Class I building material. The Council agreed that the Class I materials ratio, including the proposed manufactured stone would need to be at City Code Standard of 65 %. Mr. Berkopec noted with the manufactured stone classified as Class I materials they could meet the City Code standard of 65 %. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a rezoning from LB to PD for three unplatted parcels comprising 0.59 acres located at 3434 Washington Drive. Aye: 4 Nay: 0 City Council Meeting Minutes August 19, 2014 7 page Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a planned development amendment for the existing platted parcel for redevelopment of the property from a restaurant to a four -story hotel upon property located at 3434 Washington Drive, subject to the following conditions as amended: Aye: 4 Nay: 0 1. A Final Planned Development Agreement shall be executed prior to issuance of a building permit. The following plans are necessary for the Final Planned Development Agreement: a. Final Site Plan b. Final Building Elevations c. Final Site Lighting Plan d. Final Landscaping Plan e. Final Signage Plan 2. The property shall be platted. 3. Prior to issuance of a building permit, the developer shall enter into a development agreement, in a form acceptable to the City Attorney. 4. The applicant is responsible for obtaining permission from the adjacent owner to install the off -site landscaping. 5. The Landscape Plan shall be revised for the Planned Development Agreement to show all plant materials meeting minimum size standards in the City Code. 6. Exterior building materials shall be consistent with City Code standards and include the proposed manufactured stone product as a Class I material, as approved by the City Council. 7. A Tree Mitigation Plan separate from the Landscape Plan shall be provided. A combined Overall Planting Plan can show both mitigation and landscape plantings. 8. All site lighting shall be shielded and downcast such that the source of light is not visible from off the property, and to avoid glare onto adjacent property and public rights -of -way. 9. One free- standing sign shall be allowed. It shall include a brick base, which shall be shown on the Final Sign Plans to be incorporated into the Final PD Agreement. 10. Building signage shall comply with City Code standards, save for signage will be allowed to project 1' above the parapet. 11. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 12. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. 13. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 14. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations prior to final plat approval. 15. All erosion /sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MnDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion /sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer City Council Meeting Minutes August 19, 2014 8 page certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 16. This development shall comply with the City's Post Construction Requirements (City Code 4.33) for stormwater management and surface water quality. 17. Prior to receiving a grading or building permit, the applicant shall provide the City with soil - boring logs taken within the location of proposed filtration /infiltration features, extending 6' below the bottom of the proposed over - excavation elevation, to evaluate suitability for infiltration. 18. Prior to receiving a grading or building permit, the applicant shall provide construction details of proposed infiltration basin for City review (cross- section, notes for construction /construction protection /construction sequencing, sizing /volume tables, inlet details, outlet /under- drain /gate -valve details, planting details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during /after construction, to function as intended. These details shall be included in application plan sheet(s). The infiltration basins shall have a maximum temporary ponding depth of 1', and side - slopes no steeper than 3h:1v. If an under -drain is used, an easily accessible gate -valve must be installed to be able to regulate under -drain outflow. 19. Prior to receiving a grading or building permit, the property owner shall enter into a long- term stormwater management system maintenance agreement with the City, detailing the maintenance required to maintain proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 20. The utility plans shall include a sanitary sewer service of a consistent size between the building and the main, and relocate the water service connection off of the existing fire hydrant stub, or in a manner acceptable to the City Engineer. 21. The developer shall be responsible to restore the sidewalk, street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 22. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 23. The developer shall provide private cross - easements for ingress /egress and shared parking, in a form acceptable to the City Attorney, at time of building permit. 24. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines, and 10 -food drainage and utility easements adjacent to all public right -of -ways. 25. A sidewalk easement of sufficient size, and covering the existing sidewalk on Washington Drive, shall be provided in a form acceptable to the City Attorney. 26. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval or building permit. 27. The applicant shall fulfill tree mitigation requirements through the installation of fourteen (14) Category B equivalent trees. A Tree Mitigation Plan separate from the Landscape Planting Plan shall be provided for incorporation into the Planned Development Agreement. 28. This development shall provide a cash park dedication for the increased intensity of the redevelopment, payable at the time of building permit issuance at the rates then in effect. 29. This development shall provide trail dedication in the form of a public trail easement over the sidewalk along Washington Drive. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a final plat (Dakota Ridge 2nd Addition) to consolidate the four existing parcels into a single platted lot. Aye:4 Nay:O City Council Meeting Minutes August 19, 2014 9 page LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire congratulated and thanked staff again for their hard work on the mall opening and welcomed Simon Premium Outlets to Eagan. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:18 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk Agenda Information Memo September 2, 2014 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items Item 1 Action to be Considered: Accept the resignation of Steven Hadden, Parks Maintenance Worker, and authorize hiring his replacement. Facts: ➢ Mr. Hadden submitted his resignation effective August 29, 2014. He is retiring after 28 years of service. Attachments: (0) Item 2 Action to be Considered: Approve the hiring of Rob Muller, Parks Maintenance Worker, and authorize hiring his replacement. Facts: ➢ Mr. Muller is a current employee in the Forestry Division. ➢ Management is reassigning him to the Parks Division. Attachments: (0) Item 3 Action to be Considered: Approve the attached Policy for Ensuring the Security of Not Public Data. Facts: ➢ During the 2014 legislative session, the State enacted a requirement that government entities adopt a Policy for Ensuring the Security of Not Public Data. ➢ The proposed policy mirrors the policy adopted by the Minnesota Department of Administration. Because this is a new requirement for cities, the League of Minnesota Cities has recommended cities follow the lead of the Department of Administration, the entity responsible for advising government agencies on data practice matters. ➢ To comply with the new laws, the City will also need to create an inventory of all not public data maintained by the City. That inventory will be brought to Council for approval at a future meeting. Attachments: (1) CB -1 Policy for Ensuring the Security of Not Public Data Item 4 Action to be Considered: Approve the hiring of Seasonal /Temporary Employees in Parks & Recreation: Thomas, Jack Cascade Bay Guest Relations Crewmember Schiller, Gina Community Center Guest Services Representative Nielsen, Lauren Community Center Guest Services Lead City of Eagan Policy for Ensuring the Security of Not Public Data Legal requirement The adoption of this policy by the City of Eagan satisfies the requirement in Minn. Stat. 13.05 subd. 5 to establish procedures ensuring the appropriate access to not public data. By incorporating employee access to not public data into the City's Data Inventory (required by Minn. Stat. 13.025 subd. 1), in the individual employee's position description, or both, the City's policy limits access to not public data to employees whose work assignment reasonably requires access. Please direct all questions regarding this policy to the City of Eagan's Data Practices Compliance Official: City Clerk Christina Scipioni croscipioni @cityofeagan.com Phone: 651 - 675 -5034 Fax: 651- 675 -5012 Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 Procedures implementing this policy Data inventory Under the requirement in Minn. Stat. 13.025 subd. 1, the City will prepare a Data Inventory which identifies and describes all not public data on individuals maintained by the City. To comply with the requirement in Minn. Stat. 13.05 subd. 5, the City will also include in its Data Inventory the position titles of the employees who have access to not public data. In the event of a temporary duty as assigned by a manager or supervisor, an employee may access certain not public data for as long as the work is assigned to the employee. In addition to the employees listed in the City's Data Inventory, the Responsible Authority, the Data Practices Compliance Official, the City's Senior Management Team, and the City Attorney may have access to all not public data maintained by the City if necessary for specified duties. Any access to not public data will be strictly limited to the data necessary to complete the work assignment. Employee position descriptions Position descriptions may contain provisions identifying any not public data accessible to the employee when a work assignment reasonably requires access. Data sharing with authorized entities or individuals Federal or state law may authorize the sharing of not public data in specific circumstances. Not public data may be shared with another entity if a federal or state law allows or mandates it. Individuals will have notice of any sharing in applicable Tennessen warnings or the City will obtain the individual's Policy for Ensuring the Security of Not Public Data September 2, 2014 informed consent. Any sharing of not public data will be strictly limited to the data necessary or required to comply with the applicable law. Ensuring that not public data are not accessed without a work assignment Within the City, departments may assign tasks by employee or by job classification. If a department maintains not public data that all employees within its division do not have a work assignment allowing access to the data, the department will ensure that the not public data are secure. Recommended actions for ensuring appropriate access include: • Assigning appropriate security roles, limiting access to appropriate shared network drives, and implementing password protections for not public electronic data. • Password protecting employee computers and locking computers before leaving workstations. • Securing not public data within locked work spaces and in locked file cabinets. • Shredding not public documents before disposing of them. Penalties for unlawfully accessing not public data The City will utilize the penalties for unlawful access to not public data as provided for in Minnesota Statutes section 13.09, if necessary. Penalties include suspension, dismissal or referring the matter to the appropriate prosecutorial authority who may also pursue a criminal misdemeanor charge. Policy for Ensuring the Security of Not Public Data September 2, 2014 Agenda Information Memo September 2, 2014 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated August 15, and August 22, 2014 as presented. Attachments: (2) CC -1 Check register dated August 15, 2014 CC -2 Check register dated August 22, 2014 Agenda Information Memo September 2, 2014 Eagan City Council Meeting CONSENT AGENDA D. Project 1152, MnDOT Noise Wall— Interstate 35E, Kettle Park /Vienna Woods Cooperative Construction Agreement Action To Be Considered: Approve Cooperative Construction Agreement No. 06525 with the Minnesota Department of Transportation (MnDOT) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Project 1152 provides for the construction of a noise wall along the west side of the segment of Interstate 35E from Kettle Park to a point 200 feet south of Kings Road. The proposed project includes approximately 1,400 linear feet of concrete noise wall, ranging from 15 to 20 feet in height. ➢ On June 3, 2014, the City Council approved the Public Works Department's 5 -Year Capital Improvement Program (2015 -2019) incorporating this Minnesota Department of Transportation (MnDOT) noise wall and authorized the initiation of the public improvement process for construction in 2015. ➢ Information regarding the design and location of the proposed noise wall and materials to be used has been presented to the adjacent Vienna Woods neighborhood. Strong support for the proposal has been received from a number of neighborhood properties. ➢ Because financing of the construction of the noise wall will be shared between MnDOT (90 %) and the City (10 %), a Cooperative Construction Agreement must be executed with MnDOT to identify agency responsibilities for construction activities, cost participation and various maintenance activities. The cost to the City is estimated at $90,720 and would be financed by the Major Street Fund. ➢ An agreement between the City of Eagan and MnDOT has been prepared providing for the noise wall to be constructed, owned and maintained by MnDOT. ➢ The proposed agreement will be valid upon Council and MnDOT approval only if MnDOT awards a contract for the construction of the noise wall and associated improvements. Consideration for the award of contract is tentatively scheduled for November 2014, with construction to follow in the spring of 2015. ➢ The Agreement has been reviewed by Public Works staff and the City Attorney's office and found to be similar to past noise wall agreements and other interagency agreements and in order for favorable Council consideration. Attachments: (0) Agenda Information Memo September 2, 2014, Eagan City Council Meeting CONSENT AGENDA E. Accept the resignation of Chad Stambaugh from the Airport Relations Commission Action To Be Considered: Accept the resignation of Chad Stambaugh from the Airport Relations Commission. Facts: ➢ On August 25, 2014, ARC member Chad Stambaugh emailed City staff to notify the City that he would be resigning from the ARC effective immediately given his family is moving out of Eagan. ➢ Mr. Stambaugh expressed his gratitude to the City Council for the opportunity to serve on the Commission. ➢ As a result of the resignation, ARC Alternate Jeff Sparks is proposed to fill the term being vacated by Mr. Stambaugh. Attachments: (0) Agenda Information Memo September 2, 2014, Eagan City Council Meeting CONSENT AGENDA F. Appoint Jeff Sparks to the remainder of a two -year term on the Airport Relations Commission Action To Be Considered: Appoint Jeff Sparks to the remainder of a two -year term on the Airport Relations Commission (ARC) Facts: ➢ On August 25, 2014, the City learned that ARC member Chad Stambaugh would be resigning from the ARC given he and his family are moving out of Eagan. ➢ As a result of the resignation, ARC Alternate Jeff Sparks is proposed to fill the remainder of the 2 -year term being vacated by Mr. Stambaugh. ➢ Members of the ARC have historically had excellent attendance records, and as a result, the alternate position is proposed to remain vacant until the 2015 appointment process. Attachments: (0) Agenda Information Memo September 2, 2014 City Council Meeting CONSENT AGENDA G: Authorize The Application Of A Grant From The Metropolitan Regional Arts Council In The Amount Of $5,000 For A Community Arts Grant. Action To Be Considered: Authorize the submission of a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant. Facts: ➢ Metropolitan Regional Arts Council (MRAC) has grants for up to $5,000 available for Community Arts projects. Grants are awarded with a 25% cash match. ➢ The grant funding will support the following activities in 2015: • Guest artist series to give participants learning opportunities in new art forms or access to new teaching artists; • Harvest of Art event. Activities to include public Raku firing, Harvest of Art exhibit, hands on art activities, and entertainment; • Workshops and gathering opportunities for working artists living in our community. • Programming and promotion will take place from January through December, 2015. ➢ The cash match is included in the 2015 budget through program fees. Additionally, staff salaries for project management of the program are included in the cash match. ➢ The grant submission deadline is October 6, 2014. Attachments: (0) Agenda Information Memo September 2, 2014, Eagan City Council Meeting CONSENT AGENDA H. Approve A Special Event Agreement With CSM For Public Parking For The Food Truck Festival. Action To Be Considered: To approve a Special Events Agreement with CSM for public use of the parking areas on the former Lockheed Martin property ( "CSM parking lots ") during the Food Truck Festival on Saturday, September 6, 2014 and direct the Mayor and City Clerk to sign the appropriate documents. Facts: ➢ The Food Truck Festival is being held for the first time on September 6, 2014. ➢ It is anticipated that additional parking will be needed in addition to the Eagan Community Center lots and Argosy University overflow parking lot for the Food Truck Festival. ➢ In the past, CSM has agreed to allow the public to park on the CSM parking lots for the Eagan Fourth of July Funfest events. ➢ The City of Eagan agrees to pay CSM $500 for use of the CSM parking lots on Saturday, September 6, 2014 from Noon — 9:30 p.m. to include access for placing event signage, public event parking and post event clean -up. The City of Eagan agrees to remove the barricades at the CSM parking lots by 3:30 p.m. on Friday, September 5 and replace no later than noon on Monday, September 8, 2014. Attachments: (1) CH -1 Special Events Agreement FOURTH AMENDMENT TO SPECIAL EVENTS AGREEMENT This Fourth Amendment to Special Events Agreement ( "Agreement ") is made this _ day of August, 2014, by and between CSM EAGAN L.L.C., a Delaware limited liability company (hereinafter "CSM "), and the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "City ") (CSM and the City are hereinafter collectively referred to as the "Parties "). WHEREAS, CSM is the fee owner of certain property located in the City of Eagan in the northwest corner of the intersection of Pilot Knob Road and Yankee Doodle Road (hereinafter the "CSM Property "), which is generally depicted on Exhibit "A" attached hereto; and WHEREAS, the City has developed the land to the north of the CSM Property for community purposes (hereinafter the "Central Park "); and in connection with certain events at the Central Park, the City recognizes that attendees may desire, as a result of its proximity, to park on the CSM Property; and WHEREAS, the City, Lockheed Martin Corporation and CSM were parties to the certain Special Events Agreement dated June 28, 2001, as amended by the First Amendment to Special Events Agreement dated June 7, 2011, and the Second Amendment to Special Events Agreement dated June 4, 2013, and the Third Amendment to Special Events Agreement dated June 18, 2014, (the "Special Events Agreement "); and WHEREAS, pursuant to the terms of the First Amendment, Lockheed Martin Corporation is no longer a party to the Special Events Agreement; and WHEREAS, the City has requested and CSM has agreed to further amend the Special Events Agreement upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the sum of One Dollar and No /100 Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Special Events Agreement is hereby amended as follows: 1. Use of GSM's Property for Special Events. CSM hereby agrees to grant to the City a limited, temporary revocable license for use of the parking areas on the CSM Property, subject to the restrictions, obligations and conditions set forth in the Special Events Agreement, as amended hereby. The City acknowledges and agrees that the parking lot will be in its current, as is, condition and that CSM is not obligated to clean the parking lot, make any repairs or improvements to the parking lot for purposes of this Special Events Agreement. 2. Special Events ® 2014 Food On 4 Wheels Food Truck Festival. The City will be granted the use of the parking areas, as designated on Exhibit A, for the 2014 Food On 4 Wheels Food Truck Festival on Saturday, September 6, 2014 for the sole purpose of a food truck festival with approximately 21 food trucks and concert in the park. A. Parking Areas. — The proposed parking area is depicted on Exhibit A. The City will have access to the parking lot commencing on September 6, 2014 at 12:00 p.m. The event will operate 3:00 p.m. to 7:30 p.m. on September 6, 2014. Event clean -up shall occur from 7:30 p.m. to 9:30 p.m. and all cars shall be out of the parking lot by 9:30 p.m. Entrances to the parking lots are currently barricaded. The City will be solely responsible for the cost of removing and replacing the barricades. All barricades will be removed on Friday, September 5, 2014 at 3:30 p.m. and must be returned to their original positions by 12:00 p.m. on Monday, September 8, 2014. No tailgating will be allowed during the event on the CSM Property and the City will be solely responsible for the cost of towing and /or any vehicle left on the site more than 24 hours after the event. B. Parking Area Lighting - The City acknowledges that the power supply to the parking lot lighting will not be operational and The City acknowledges that the event on September 6, 2014 will take place before dark and lights will not be required. C. Fence. —The City acknowledges that CSM has placed a chain link fence around the building on the CSM Property and that no snow fence is required. D. Traffic Control. —The City will provide 2 -3 Police officers and 2 City staff to be utilized at various entrance points to control traffic and access. The City will also provide 3 -4 City staff to be present at Central Park to oversee event coordination and two additional police officers will be stationed at the Central Park Festival Grounds area. The City will staff and temporarily barricade the connector road between the North and South /West lots to prohibit vehicles from using this link. E. Security. —The City acknowledges that since this is a one -day event no additional security is needed except for the assigned officers and City staff. F. Portable Restrooms. —The City acknowledges that this event does not require restrooms on the CSM parking lot. G. Signage. —The City of Eagan will be responsible for posting A -frame signage with event parking (left /right) arrows and placing them in relation to the accessible CSM parking lot entry points to direct drivers to the parking areas. This will be in addition to the officer oversight of traffic flow. 3. Entire Agreement; Amendment. The Special Events Agreement, as amended by this Fourth Amendment, constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, representations and understandings, whether written or oral, relating thereto. Except as specifically amended herein, the Special Events Agreement remains in full force and effect. This Agreement may be modified, altered or amended at any time, but only by a written agreement executed by the parties hereto. 4. Costs. The City shall pay to CSM the sum of $500.00 for each "Special Event" to reimburse CSM for its costs in coordinating the City's use of the parking area for special events and for costs incurred in providing additional building security during special events. This payment shall be submitted to CSM along with the City's request to use the CSM Property for a Special Event, City shall also reimburse CSM for any costs incurred by CSM to clean up or repair damage to CSM Property caused by or incurred as a result of the use of the CSM Property for special events, including damage to CSM buildings, vehicles, parking areas, landscaping and grass or other property. Such reimbursement shall be made within 30 days of receipt from CSM of a summary of its costs incurred. 5. Indemnification, Defense and Hold Harmless. Except for the willful acts of CSM, its officers, directors, agents, employees, or subsidiaries, City hereby agrees to indemnify, defend and hold CSM, and its officers, directors, agents, employees, subsidiaries, contractors and their successors and assigns harmless from any and all actions, causes of action, damages, property damage, bodily injury, economic loss, liabilities, liens, demands, costs, expenses, legal fees and costs, penalties, proceedings, or claims of any nature whatsoever rising out of or related to: (i) City's use of the CSM Property for special events parking; (ii) activities of City employees, officers, agents, invitees, contractors, or subcontractors, and their successors and assigns on the CSM Property; or (iii) breach by the City of this Agreement. In addition to City's costs to defend CSM as required by this Paragraph 5, and any amounts paid by City to a third party making a claim covered by this Paragraph 5, City shall reimburse CSM for any and all costs CSM incurs to defend itself against or pay a claim covered by this Paragraph 5. City's obligation to so reimburse CSM shall be limited to $1,000,000, and City shall provide CSM with evidence that it has insured itself for this potential liability to CSM. 6. Insurance Requirements. —City shall maintain and keep in full force and effect during the 2014 Food on 4 Wheels Food Truck Festival at its sole cost and expense the following insurance coverage and shall provide CSM with a copy of such insurance certificates no later than September 2, 2014. A. Workers' Compensation Insurance and Occupational Disease Insurance in accordance with the statutory requirements set by the State of Minnesota and shall include Employers' Liability Insurance with limits not less $500,000 each accident for bodily injury by accident, $500,000 policy limit for bodily injury by disease and $500,000 each employee for bodily injury by disease, B. Commercial General Liability in an amount of not less than $1,000,000 per "occurrence" and $2,000,000 "aggregate" for the CSM Property and insuring City and its Affiliated Parties against liability for bodily injury, death, property damage, including premises and operations, personal /advertising injury, and contractual liability coverage. The amount of such liability insurance shall not limit City's liability under this Agreement. Such policy or policies shall name CSM Eagan, L.L.C. and CSM Corporation as additional insured. C. Commercial Automobile Insurance including owned, non - owned, and hired vehicle coverage and personal injury protection in accordance with the statutory limits of $1,500,000 for each occurrence (bodily injury and property damage combined). 7. Notices —Any notices under this Agreement shall be delivered personally or mailed to the respective parties by United States mail at the following respective addresses: CSM Eagan, L.L.C. c/o CSM Corporation 500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 Attn: Joel Rietz City of Eagan Attn: Julie S. Johnson, Directors of Park and Recreation 3830 Pilot Knob Road Eagan, MN 55122 City of Eagan Attn: Kerry Phillips, Recreation Supervisor 3830 Pilot Knob Road Eagan, MN 55122 With a copy to: Robert B. Bauer, Esq. Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 SIGNATURE PAGES TO FOLLOW 0 This Fourth Amendment to the Special Events Agreement is hereby entered into as of the date first set forth above. CSIVi EAGAN, L.L.C., a Delaware limited liability company 0 Bradley Kittleson, Manager Date: STATE OF MINNESOTA) COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 2014 by Bradley Kittleson, Manager of CSM Eagan, L.L.C., a Delaware limited liability company, on behalf of the limited liability company. Notary Public I.1 CITY OF EAGAN, a Minnesota municipal corporation By: STATE OF MINNESOTA) COUNTY OF DAKOTA ) Mike Maguire, Mayor The foregoing instrument was acknowledged before me this -- day of 2014 by Mike Maguire, the Mayor of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 6 EXHIBIT A 4 City of Eagan Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Dave Osberg City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 -1810 651,675.5000 phone 651,675.5012 fax 651.454,8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651,675,5300 phone 651.675.5360 fax 651,454.8535 TDD www.cltyofeagan.com The Lone Oak Tree The symbol of strength and growth in our community, August 22, 2014 Kelly Ramstad CSM Eagan, LLC c/o CSM Corporation 500 Washington Avenue South, Suite 3000 Minneapolis, MN 55414 Re: Eagan Food On 4 Wheels Food Truck Festival — Special Events Agreement Dear Ms. Ramstad: Thank you for your email indicating that the City of Eagan and CSM would be able to work out an arrangement for use of the CSM parking lot located at Central Parkway in Eagan at the former Lockheed Martin property. The City of Eagan has previously had an agreement with CSM in other similar event situations. As you requested, the following information gives details about the event: 1) Special event - The City of Eagan event is the 2014 Food On 4 Wheels food truck festival, which will occur Saturday, September 6, 2014. Other primary activities include a food truck festival with approximately 21 food trucks and concert in the park. All the festivities will be located entirely on the Central Park (Eagan Festival Grounds) property. All event set -up and clean -up will occur on September 6, 2014 prior to the event opening and closing. 2) Parking area or areas to be used —The proposed parking area is depicted on the enclosed site plan. Entrances to these lots are currently barricaded and the barricades will need to be removed to make the lots accessible for the City's use. 3) Dates the parking area will be used — The City requests use of the parking lot commencing Saturday, September 6 at Noon for staff to set up parking directional signs and any necessary traffic cones. 4) Flours when the parking areas would be used - The event will operate 3 :00 p.m. — 7 :30 p.m. which is the published public event times, The City would like parking lot access at Noon to facilitate putting up event parking signage and any parking cones necessary, Event clean -up will occur from 7:30 — 9 :30 p.m. by City of Eagan staff. It is expected the public will be out of the parking lot between 7:30 — 8 :15 p.m. 5) Access points to be used — The City anticipates the primary access will come from Central Parkway utilizing the North and South parking lots. (Note the concern about barricades under 2 above). At this time, it appears MN Brass Band also has several trailers parked in the lot that could either stay or could be moved to the City of Eagan Municipal Center prior to the event, It is requested the band not be scheduled to practice during the event time in order to accommodate parking. 6) Number of cars expected to use the parldug areas — The Community Center parking area will be the primary parking lot for the event and an agreement is also in place for public use of the parking lots at Argosy University throughout the event. The CSM lots would be used for overflow parking once the community center and Argosy lots are full. 7) Traffic and access control measures to be implemented, including number of officers /City staff assigned to, and hours of, traffic and access control There will be significant City presence during the timeframe of the event It is anticipated that 2- 3 police officers and 2 City staff will be working traffic control /parking detail, An additional 3 -4 City staff will be present at Central Park to oversee event coordination and two additional officers will also be stationed at the Central Park Festival Grounds area, Should a need arise, the two Central Park officers can assist traffic officers. Police presence at various entrance points will be utilized to control traffic and access, particularly during the 3;00 — 7;30 p.m, event time period. As with previous use, the City proposed the connector road between the North lot and South /West lots be barricaded to prohibit vehicles from using that link, 8) Security measures to be implemented, including number of officers /City staff assigned to, and hours of, security — Since this is a one -day event over a few hours, no additional security is needed except for the assigned officers and city staff (see #7 above). If CSM has its own security staff, it is recommended that team meet with the City's police staff prior to the event to review the parking plan, placement of officers, communications, etc. 9) Lights — In the past lights were required as previous events occurred after dark. In the case of the September b, 2014 Food On 4 Wheels event, the event will be over before dark and thus lights would not be required, 10) Signage — The City of Eagan will be responsible for posting A- frame signage with event parking (left/right) arrows and placing them in relation to the accessible CSM parking lot entry points to direct drivers to the parking area. This will be in addition to officer oversight of traffic flow, 11) Restrooms — This event does not require restrooms on the CSM parking lot. Restrooms will be available at the Central Park (Eagan Festival Grounds) event site. 12) Notices - Correspondence notice can be forwarded to Juli Seydell Johnson, Director of Parks & Recreation and Kerry Phillips, Recreation Supervisor at 3830 Pilot Knob Road, Eagan, MN 55122. 13) Event Planning & Day of Event Contacts — The main event coordinator for this event is Kerry Phillips, Recreation Supervisor, City of Eagan Parks & Recreation at 3830 Pilot Knob Road, Eagan, MN 55122. Kerry's contact information is; (651) 402 -0256 Cell; (651) 675 -5525 Office. Kerry is accessible by cell phone on event day as well and will be in communications with City of Eagan police officers working traffic detail at the event. It would be helpful to have a current contact list for the period covered by this agreement so City staff can make contact, as necessary. We look forward to working with you to make the Eagan Food On 4 Wheels event. If you need additional information, feel free to call or email kphillips @citvofea aig i.com. I'm the main City of Eagan staff supervising the coordination of this city event and traffic efforts with the Police Department, Sincerely, P° Derry Phillips City of Eagan Recreation Supervisor CC: Juli Seydell Johnson, Director Parks & Recreation !Nip. �,1� -.'� Agenda Information Memo September 2, 2014, Eagan City Council Meeting CONSENT AGENDA I. Approve Contingent Lease Agreement for Temporary Use of the Former Fire Administration Building Action To Be Considered: To approve a contingent lease agreement for temporary use of the former Fire Administration Building at 3795 Pilot Knob Road by Dougherty, Molenda, Sofest, Hills and Bauer . Facts: ➢ Staff was been approached by representatives of the Dougherty, Molenda, Solfest, Hills and Bauer Law Firm, with a request to consider a short term lease for the firm to occupy the former Fire Administration Building at 3795 Pilot Knob Road for a period of two to six months, as they pursue long term lease negotiations at another location. ➢ As a matter of transparency, DMSHB serves as the Eagan City Attorney, but the lease agreement would need to be an arms - length transaction for market rent and terms. ➢ At its meeting of August 19, 2014, the City Council authorized preparation of the lease, following which, staff consulted with local real estate professionals on a comparison of rent comparables. On that basis, it is being recommended that the rate be $13 /square foot, with the tenant paying all utilities and expenses. Attachments: (0) A copy of the lease is available upon request. Agenda Information Memo September 2, 2014 Eagan City Council Meeting CONSENT AGENDA J. Approve an Easement Vacation and Final Subdivision for Eagandale Office Park 6th Addition Action To Be Considered: To approve an Easement Vacation of public drainage and utility easements located on Lot 2, Block 1, Eagandale office Park 5th Addition. To approve a Final Subdivision (Eagandale office Park 6th Addition) two create 2 lots and one outlot, located on the corner of Corporate Center Dr and Corporate Center Cry Facts: ➢ A Vacation of Easements throughout the site is proposed in conjunction with the dedication of required drainage and utility easements with the Eagandale Office Park 6th Addition plat. ➢ The purpose of the request is to allow the recording of final plat of the property for the proposed Eagandale Office Park 6th Addition as a commercial /industrial development. ➢ The request would vacate the existing drainage and utility easements on the property. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The proposed final subdivision and plat of Eagandale Office Park 6th Addition will address and incorporate all necessary public drainage and utility easements on this property. ➢ This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action to coincide with consideration of the Eagandale Office Park 6th Addition. ➢ On August 4, 2014, a public hearing was held and action was continued to coincide with future City Council consideration of the Eagandale Office Park Addition final plat and subdivision. No objections have been received to date. ➢ The Preliminary Subdivision for Eagandale office Park 6th Addition was approved by the City on April 4th, 2014. The approval was to create two lots and one outlot upon 3.8 acres. Attachments: (3) CJ -1 Location Map 0-2 Final Plat CJ -3 Easement Vacation Legal Description graphic SO M, D -C co cu n a) 0 EFE E 0 m a) 22 a) m 0-3 cn co 0 C) LU CD / £ k m IL MI-I Im iL C) jANV-- Q: A NVE)V3 W a CD i2 O z k � co 0 C) LU CD / £ k m IL MI-I Im g Q M01% ME-, I tl _ n / I I I I I 8a4 pj � g 1 m I M tl _ n / I I I I I 8a4 Rig] W III N i I I I I ILL 12 \ a €Q HB U- C3 b' 0 a I Ii aJiipav Q 1 I W s d a L__� _ Jt I $ V W I ® I I I I I I j I v w 0' I I I I I I I L --� I ----------- m I M tl _ n / I I I I I 8a4 Rig] W III N i I I I I ILL 12 \ a €Q HB U- C3 0 1 18 I W s a L__� _ Jt I $ V W ® I I I I I 41 I I I gg000� I I I / I I I Irx� n W I `•% < 'DLrY W I I I I I I gg IrI �. I I I I I I m m mm N ar tll a yr N� r I� +4p., W 1'Y SO OD I'D tyt� M M� , y ' '+xa I �•� I ee5 S --------------- I I M tl I $bBM d n I ,. I �. 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I F o' g§g Epp N� 1 �a Elf rr M n F o' iq I m 3 �5 Elf rr II' r ® CC p� V CL W ® LL d_+ U- V C ''Q^� wIm -C:� T R, �N tN w M = 1DWQ I-, 3a~ N f 1 QJ C N 0 Q > O � / rya 5 w 3 w J ` \ I v Q) V) / I 1 i�1p�1� 1 O I I L NOQ I I� I I I W Q � 1 I I I li I I li I 1 1 I Z ass 1 I I d I j � I I � I I I ® a I L pC � 1 - I W I w @tea O I1: Ld FI I I I (b U R, �N tN w M h N = 1DWQ I-, 3a~ N f 1 QJ C N Q > O � w 3 w J v \ I v Q) V) 4-1 }O} a L NOQ W Q � (0 O ° w Z ass ® a o cn ° � � @ a � (<, Z a U w @tea O I1: Ld (b U ��'� � 0 �• \ 0 w o°WU°� � lZil � it \\ m mwUL- w J W O N ��0 z KKI L \\ 0 r0W a \ c�wa 1° � 4 z EmQ° °a ry®y°- CL \ 1 l ? m� QQ Co E0 1 1 � 1 (� 11 aOiWZ moo i 4 ID �ro0 N . oil I1. h N = 1DWQ I-, 3a~ N z Y °z Z W t0U E w 3 w J v ozo 0 L NOQ W Q � (0 O ° w ® o a z c c m m � � @ a � (<, w U w @tea o (b U > W 0 w o°WU°� 000 m mwUL- w o W O N ��0 z !- 6— 0 r0W c N c�wa 1° m E z EmQ° °a ry®y°- CL LLI � m� QQ Co E0 (� aOiWZ moo W ID �ro0 N . E Oq ° 0 ca o o° a� a v-0 c o w nz Y O U a)O N O Y d f6 N -2 0 « m 0 z-- - c� oWI- a) c c 99 l�p 6UU ro m IL° co E0 =0 Ow aa-oo? aN Agenda Information Memo September 2, 2014, Eagan City Council Meeting CONSENT AGENDA K. Authorize An Amendment To The Bid Opening Date From Thursday, August 28, 2014 To September 25, 2014 For Contract 14 -0806 For The Cascade Bay Pump House Improvements. Action To Be Considered: Authorize an amendment to the bid opening date from Thursday, August 28, 2014 to September 25, 2014 for Contract 14 -0806 for the Cascade Bay pump house improvements. Facts: ➢ Council approved the proposal, plans and specifications for Contract 14 -0806 at the August 19, 2014 meeting. ➢ Amendment to the bid opening date from Thursday, August 28, 2014 to September 25, 2014. Attachments: (0) Agenda Information Memo September 2, 2014, Eagan City Council Meeting CONSENT AGENDA L. Approve Original Artwork Agreement And Copyright Use Agreement Action To Be Considered: To approve an original artwork agreement for the donation of a painting depicting the 1914 Town Hall, created by artist Larry Landis and approve the limited use copyright agreement allowing the Eagan Historical Society to reproduce and sell said artwork from September 8, 2014 until December 31, 2014. Facts: ➢ Artist Larry Landis has created an original painting depicting the 1914 Town Hall. ➢ The artist wishes to donate the original painting to the Eagan Historical Society. ➢ By this agreement the artist grants the Eagan Historical Society a limited Use Copyright to allow the Eagan Historical Society to order and sell prints of said artwork without prior written approval with proceeds to benefit the Eagan Historical Society, for the period from September 8, 2014 to December 31, 2014. Attachments: (1) CL -1 Agreement Studio Original Artwork Donation And Copyright Use Agreement Between Artist and Client Catalog number and mane of artwork: 1197, `Old Eagan Town Hall', 6.27 -2014. 1. Agreeruent: This is au agreement between Robert Lawrence Landis ( "the artist ") and the City of Ragan Minnesota ( "the client ") for the creation and transfer of the artwork and the copyright terms of said artwork to the Eagan Historical Society. All rights and liabilities of either party shall be governed by this agreement. 2. Copyright Teems: ,artist reserves the common -law Copyright to till works given and /or donated to the client that are created by the artist, including, fall reproduction rights and the right to claim statutory copyright. The client may order and sell prints of the artwork without the prior written approval of the artist for the purpose, of Eagan Historical Society fund raising; from September 08, 2014 until Deccnlber 31, 2014. The permission period can tic extended alter a sales review by the client and artist, The artist may also sell limited edition prints outside ofand not associated with the fund raiser during this time period or an extended time period, 3. FCC rand sclreritrle ©f payment, The artist is donating the original artwork to the client and requires $0.00 payment for the artwork. During the time period in item 2 and only associated with the Fagan Historical Society fund raising: 1. The artist, if requested, will help the client prepare prints for packaging; and display of catalog 1197 artwork, and will charge a fee only to recover costs by tine artist for this task. 2. The client will pay for all printing costs, set the selling price, determine sizes, type of prints to sell, the quantity to offer for sale and retain all profit of sales for Catalog #97 prints. page 1 Original Artwork Donation And Copyright Use Agreement Between Artist and Client Catalog number and name of artwork: # 97, `Old Eagan Town Hall', 6-27 -2014. 4. Title of ownership: Title of ownership in the work shall pass from artist to client upon receipt of original artwork by the client. Artist will provide to tho client a signed `Certificate of Authenticity'. Li the event the city of Eagan Minnesota loses its autonomy and becomes part of a lamer municipality, the artwork shall he given to the Minnesota Historical Society. Signaturc of the artist - - -- - - r ✓ t Date Signature: of the client, Mayor . �- Date. Signature of the client, City Clerk.____.___ Page 2 Agenda Information Memo September 2, 2014 Eagan City Council Meeting PUBLIC HEARING A. Town Centre 100 1st/ 12th/ Eagan Place 4th Additions Easement Vacation Action To Be Considered: Close the Public Hearing and continue action on the vacation of public drainage and utility easements on Lot 1, Block 1, Town Centre 100 First Addition, Outlot A, Town Centre 100 Twelfth Addition, and Lot 2, Block 1, Eagan Place 4th Addition, to coincide with action on the proposed CityVue Commons Addition final subdivision and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On July 29, 2014, City staff received a petition from Mr. Mark Anderson (Sambatek Engineering) representing property owner Wayne Hoovestol, requesting the vacation of existing public drainage and utility easements on Lot 1, Block 1, Town Centre 100 First Addition, Outlot A, Town Centre 100 Twelfth Addition, and Lot 2, Block 1, Eagan Place 4th Addition, all located on the former Blue Cross /Blue Shield property, south of Yankee Doodle Road and west of Lexington Avenue in central Eagan. On August 4, 2014, the City Council received the petition, and scheduled a public hearing for September 2. ➢ The purpose of the request is to allow the final subdivision and recording of a final plat of the properties for the proposed CityVue Commons Addition as a high- density residential and commercial development. ➢ The request would vacate the existing drainage and utility easements on the properties. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The final plat and subdivision of CityVue Commons Addition will address and incorporate all necessary public drainage and utility easements on this property. The final subdivision has yet to be scheduled for future Council consideration. ➢ All notices have been published in the legal newspaper and sent to all potentially affected /interested private utility owners informing them of this public hearing. No objections have been received to date. ➢ This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action. Attachments: (2) PHA -1 Location Map PHA -2 Legal Description Graphic AMML Proposed Easement Vacation Location Map Town Centre 100 First Add., Town Centre 100 City flaps Twelfth Add. & Eagan Place 4th Add. Fig. 1 7/29/2014 494 MENDOTA HEIGHTS N h M LONE OAK RD. o EASEMENT o VACATION m LOCATION z Y I— O s'° J ° a YANKEE DOODLE RD. 28- 28 a Y Q Z W 'a z O c� z x W 4J� J DIFFLEY RD. DIFFLEY RD. m 30 O Z Y H O J_ AMML Proposed Easement Vacation Location Map Town Centre 100 First Add., Town Centre 100 City flaps Twelfth Add. & Eagan Place 4th Add. Fig. 1 7/29/2014 E a a T s 9� I rf ry b Q N 5 NBJ16'16 "bY 116.00 BLOCK U,i Ate_ _J Lir L —J L_J /r♦ -T^ 0 �Y 6 K! h• h- r I 1 1 1 1 I 1 I h' p I 1 /Aj r., ! "'N !, L_ L_ L V!, J L! L. L- 1 1 ,! f, L" l 1 IN LOT 1 -r I♦ 1 A 1 L t ♦ r- L I ^t^ r r^ 4 N ♦, r— 1 r <% T 11 h^ I Ir ` 1 I N .. I r ♦I L_ I r I l r 4_ 1 �J ,� 1 11 1 ♦! 1 > S00 42'09'E- 52.00 N4542'09 "W 28.28 � Rev I 04542'09"W 42'09 "W i' J9.60 S00 42'0TJ ? 9.0 nn g9.�kg "w > S00142'09lF i 45.12 BLOCK 1 s ambatek www,sambatek.com Engineering I Surveying I Planning I Environmental NI ^!- , 1 1 1 !, r- w r -w- r, r- r r I l/ r^ 1 i I VII I,I I F• I,I b? I I/ h• 5 - _a._ LA f -^ A,.0 '" L� A�_ .ir - • A L 1 1 A�- I I I . l l 1 1 k"' 1 F+• 1�1 1 hr F• 11 11 I ,I L_ I Y 1 1, L_ 1♦ ,I 1 `Y 1 11•'11 T "" A r♦ rti I T I r, L 1 7l 1 11 11 1 11 11,1 1; - DENOTES DRAINAGE AND UTILITY EASEMENT TO �( BE VACATED 1� t` 5� NORTH o 100 N SCALE IN FEET INTERSTATE PARTNERS Designed: Exhibit Number CITYVUE COMMONS Approved: ed: Approved: MrH EAGAN, MN Issued: 7/29/2014 EASEMENT VACATION Rev.: Date: Project No. INT19864 OUTLOT A 30042'09'E I L� \LIL! 1 A 1�1 I h•• IV 1 H h• 85.4tl LL r/ 1 VJ 7 71081a S LOT 2 (� �( � A r', rY 1 -r- 1 /, L I I_, 1 1 1 1 1 1 1 1 I I" !� LJ LJ I I I \J I r s ambatek www,sambatek.com Engineering I Surveying I Planning I Environmental NI ^!- , 1 1 1 !, r- w r -w- r, r- r r I l/ r^ 1 i I VII I,I I F• I,I b? I I/ h• 5 - _a._ LA f -^ A,.0 '" L� A�_ .ir - • A L 1 1 A�- I I I . l l 1 1 k"' 1 F+• 1�1 1 hr F• 11 11 I ,I L_ I Y 1 1, L_ 1♦ ,I 1 `Y 1 11•'11 T "" A r♦ rti I T I r, L 1 7l 1 11 11 1 11 11,1 1; - DENOTES DRAINAGE AND UTILITY EASEMENT TO �( BE VACATED 1� t` 5� NORTH o 100 N SCALE IN FEET INTERSTATE PARTNERS Designed: Exhibit Number CITYVUE COMMONS Approved: ed: Approved: MrH EAGAN, MN Issued: 7/29/2014 EASEMENT VACATION Rev.: Date: Project No. INT19864 Agenda Information Memo September 2, 2014, Eagan City Council Meeting PUBLIC HEARING B. Certification of Delinquent Utilities Action To Be Considered: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Facts: ➢ The city code allows for collection through certification of delinquent utility bills which are not paid. ➢ At the August 4, 2014 City Council meeting, a public hearing was scheduled for the September 2, 2014 City Council meeting. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. The City currently has approximately 893 utility bill accounts with delinquent balances. The assessable amount of these accounts is $210,296.81. If certified another 4.0% interest is added to the balance. ➢ In November of 2013, the City reported the amount due for certification to be 742 accounts for a total of $242,002.24. ➢ 68 out of 893 accounts or 7% of the utility accounts due for certification have had a sheriff's sale since January 1, 2011. Attachments: (1) PHB -1 Delinquent account list Account # Service Address Certification Balance 0013137500 524 WESTON HILLS CT $50.00 0015504210 4871 BISCAYNE AVE 50.00 0013157607 4350 BENT TREE LANE 50.00 0011706108 1938 TIMBER WOLF TR N 50.62 0011508207 4375 CAPRICORN CT 50.66 0038227203 3806 BRIDGEWATER DR 50.80 0015514706 1115 120TH ST W 50.89 0035505908 550 LONE OAK RD 50.99 0023917107 4166 MEADOWLARK WAY 51.30 0012632824 4434 CINNAMON RIDGE TR 52.17 0037608601 759 BRIDLE RIDGE RD 52.45 0010102804 4358 NICOLS RD 52.56 0024313702 3678 DENMARK AVE 53.05 0011721305 4292 BEAVER DAM RD 54.19 0038272811 1288 PROMENADE PL 54.68 0011511201 4211 YEW PT 56.17 0025709007 1512 DEERWOOD BEND 56.87 0024106700 1714 SARTELL AVE 56.90 0011011905 1778 WALNUT LANE 56.94 0024319006 1243 TIMBERSHORE LANE 57.53 0012807202 4687 STAVERN PT 58.01 0025619503 4083 CASHELL GLEN 58.38 0024807604 3676 WIDGEON WAY 58.57 0025717703 3445 OLEARY LANE 58.94 0012637807 2248 JAMES ST 58.99 0037700903 3919 PRINCETON TR 59.04 0036804706 3918 WORCHESTER DR 60.16 0011800505 4637 BEACON HILL RD 60.38 0024004004 1732 FLAMINGO DR 61.45 0023900103 4095'BLACKHAWK RD 61.54 0012614509 4492 CINNAMON RIDGE TR 61.73 0012619508 4501 SLATER RD 61.79 0012703401 4657 PELLO CIR 61.82 0012622403 4576 CINNAMON RIDGE TR 62.02 0037102605 4093 VERMONT AVE 62.81 0025697608 1626 HARBOUR PT 63.07 0025611500 4047 BEAVER DAM RD 63.45 0024227308 1643 ASHBURY PL 63.60 0025000803 3816 LAUREL CT 63.98 0025719709 4169 OLD SIBLEY MEM HWY 64.48 0025100603 3497 ST CHARLES PL 66.10 0036405413 1372 JURDY RD 66.44 0025014408 3823 HEATHER DR 66.99 0012910501 4447B CLOVER LANE 67.20 0012225009 4321 TRENTON TR 67.21 0024321200 1277 TIMBERSHORE LANE 67.23 0012711206 1847 KARIS WAY 67.56 0023701105 1798 SERPENTINE DR 68.01 1 Account # Service Address Certification Balance 0012807103 4683STAVERN PT 68.53 0036725307 633 HILLSIDE DR 68.63 0036610608 3370 MIKE COLLINS DR 69.74 0024203705 1538 GREENWOOD CT N 69.96 0011300506 4526 RIDGEVIEW DR 70.19 0012802104 4714 LUND PT 70.90 0024011603 1768 BLUEBILL CIR 71.45 0023901408 1830 KATHRYN CIR 71.74 0023305501 2033 BLUESTONE LANE 72.23 0012821005 4708 OSAGE PT 72.29 0025677808 1463 KINGSWOOD POND OVERLOOK 72.43 0037015708 3608 FALCON WAY 72.64 0010603405 4242 LODGEPOLE DR 73.35 0037112604 4138 BRADDOCK TR 74,92 0010105104 2111 SHALE LANE 75.44 0012632774 4442 CINNAMON RIDGE TR 75.51 0012810107 4679 TRAVERSE PT 75,58 0036706000 550 77TH ST W 75.79 0037800604 997 TICONDEROGA TR 76.07 0024007601 3785 RED ROBIN LANE 76.07 0089908390 3581 SAWGRASS TR E 76.07 0025745407 4008 CEDAR GROVE LANE 76.22 0011512704 4273 BOULDER RIDGE PT 76.27 0010704906 4326 GARDEN TR 76.65 0013175005 683 CRIMSON LEAF TR 76.80 0025104605 1609 BOARDWALK 76.82 0013216205 1900 RIDGECREST CIR 76.82 0011117702 1654 WOODGATE LANE 76.82 0023802705 4058 AMETHYST LANE 77.55 0023906209 4072 CINNABAR DR 77.62 0024516502 3836 WESTBURY LANE 77.64 0036505204 1073 KENNETH ST 79.08 0036503506 2837 LEXINGTON AVE S 79.28 0012134508 784 COUGAR DR 79.66 0037602604 708 WESCOTT RD 80.00 0025675307 1737 SKATER DR 80.00 0010600211 1454 DIFFLEY RD 80.04 0013173307 4853 FOUR SEASONS DR 80,53 0038224606 849 WESCOTT SQUARE 80.64 0038311007 500 CHAPEL CT 80.64 0036200111 1425 LONE OAK RD 80.87 0012511200 1575 CLEMSON DR 80.89 0012318606 4612 RIDGE CLIFFE DR 80.89 0025010604 3836 HEATHER DR 80.89 0010606101 4343 SEQUOIA DR 81.28 0012632865 4426 CINNAMON RIDGE TR 81.40 0025705906 1686 OAKBROOKE CT 81.46 0012613204 4516 CINNAMON RIDGE TR 81.83 2 Account # Service Address Certification Balance 0037711603 3853 GIBRALTAR TR 82.24 0037018504 3679 FALCON WAY 82.28 0012210308 4546 HAY LAKE RD S 83.00 0010814903 4557 CLIFF RIDGE CT 83.23 0023111503 2082 EMERALD LANE 83.37 0024013609 3784 GOLDEN HILL TER 83.44 0038254306 701 GRANITE DR 84.64 0013267703 1656 MARINA LANE IRR 85.00 0012607602 2128 CLIFFHILL LANE 85.00 0037501202 4179 COUNTRYSIDE DR 85.00 0038316907 605 CRANE CREEK LANE 85.00 0038272605 3025 TIMBERWOOD TR IRR 85.00 0023104409 2128 GARNET DR 85.11 0038340105 3101 HWY 55 85.15 0012800900 4714 ANNE PT 85.53 0024307902 3670 DENMARK AVE 85.56 0012314605 4646 PENKWE WAY 85.98 0038317400 595 CRANE CREEK LANE 86.01 0023510100 4035 AMETHYST LANE 86.10 0012618906 4504 SLATER RD 86.10 0024903007 3622 DENMARK AVE 86.79 0036502409 2977 LEXINGTON AVE S 87.01 0024318503 1233 TIMBERSHORE LANE 87.72 0023905300 4054 HALITE LANE 87.83 0036313609 2841 VILAS LANE 88.42 0036404804 3171 JURDY CT N 88.42 0012833604 1954 BERKSHIRE DR 89.28 0024104002 3983 RIVERTON AVE 89.36 0023908601 1795 CARNELIAN LANE 89.66 0010711505 4357 DUNROVIN LANE 90.74 0010900801 1370 BALSAM ST E 90.84 0013219100 4940 WHISPERING WAY 91.14 0012900304 1832 WALNUT LANE 92.07 0024331100 1320 DEERCLIFF LANE 92.59 0036720605 3374 ROLLING HILLS DR 92.71 0024316903 1209 TIMBERSHORE LANE 92.79 0024314205 1165 TIMBERSHORE LANE 93.20 0036605905 3318 WREN LANE 93.39 0011801206 4669 BEACON HILL RD 93.71 0025636606 1742 DEERWOOD DR 93.71 0024406001 3684 BIRCHPOND PL 93.98 0012810107 4679 TRAVERSE PT 94.02 0024311607 1216 TIMBERSHORE LANE 94.54 0024100307 1742 PALISADE CIR 94.67 0012311809 4623 PENKWE WAY 94.70 0037903804 3635 WESCOTT HILLS DR 94.72 0025708306 1513 DEERWOOD BEND 95.49 0010404507 2013 CORAL LANE 95.50 3 Account # Service Address Certification Balance 0012708988 1840 NARVIK CT 95.73 0025725805 1715 TALON TR 95.74 0023507205 1932 TURQUOISE TR 96.10 0012613303 4516B CINNAMON RIDGE TR 96.45 0012212007 4539 HAY LAKE RD S 96.48 0037710902 1057 KETTLE CREEK RD 96.91 0025213406 3792 BLACKHAWK RIDGE CIR 97.35 0012110706 4585 HORIZON CIR 97.37 0036610608 3370 MIKE COLLINS DR 97.63 0010108603 4346 DIAMOND DR 98.08 0011010402 1797 WALNUT LANE 98.56 0037720000 3904 DAN BU RY TR 98.91 0037816402 992 STONY POINT RD 98.91 0024206906 3478 GREENWOOD CT S 99.01 0011106606 4462 WOODGATE PT 99.43 0036408029 1335 TOWERVIEW RD 99.65 0024338808 3775 DREXEL CT 99.95 0025105206 1633 BOARDWALK 100.00 0025619008 4133 CASHELL GLEN 100.00 0011000809 1720 WALNUT CIR 100.00 0024464604 1462 KINGS WOOD RD 100.06 0024309106 1282 TIMBERSHORE LANE 100.34 0024005100 1754 FLAMINGO DR 100.65 0024119802 1606 MURPHY PKWY 101.25 0024513301 3860 WESTBURY DR 101.40 0036903003 3735 SOUTH HILLS DR 102.12 0013155908 505 HAWTHORNE WOODS DR 103.15 0012617304 4503 CINNAMON RIDGE TR 103.42 0038247300 565 COVENTRY PKWY 103.48 0036919504 3751 RIDGEWOOD DR 103.48 0012111605 4561 HORIZON CIR 103.51 0025724600 4160 RAPTOR RD 103.91 0024305203 3667 DENMARK AVE 104.29 0013113501 4428 SUMMER CT 104.64 0025303603 1415 DEERWOOD CT 104.64 0011122306 4366 WOODGATE LANE N 104.64 0037804507 987 BOSTON HILL RD 104.71 0011742301 4283 EAGLE CREST DR 104.74 0012816005 1794 COVINGTON LANE 105.29 0025014705 3829 HEATHER DR 105.35 0025610809 4071 BEAVER DAM RD 105.82 0038232005 3877 KENNET CIR 106.05 0013279203 4480 ERIN DR 106.17 0038243200 511 WAVENEY CT 106.26 0023916307 4188 SOUTH MEADOWLARK RD 106.49 0011813805 4785 BEACON HILL RD 106.63 0036201101 1465 LONE OAK RD 106.69 0024450504 3899 DENMARK AVE 107.13 4 Account # Service Address Certification Balance 0012813101 4674 LENORE LANE 107.32 0011007606 1745 HICKORY HILL 107.58 0036803401 3816 FAIRHAVEN RD 108.05 0038217105 719 CAMBERWELL DR 108.05 0012833406 4778 GALAXIE AVE 108.16 0012026209 2017 PIN OAK DR 108.35 0010712206 4358 DUNROVIN LANE 108.50 0012629903 4419 CINNAMON RIDGE CIR 108.59 0012265203 4501 OAK POND RD 108.64 0024901209 1317 CRESTRIDGE LANE 108.71 0012819009 4703 HIDDEN PT 108.71 0023917206 4172 MEADOWLARK WAY 108.71 0015507700 681 SHELERUD DR 108.75 0012611208 4507 SCOTT TR 109.28 0012038501 2094 ROYALE DR 109.65 0036307908 2988 PILOT KNOB RD 110.03 0036301901 1465 HIGHVIEW AVE 110.33 0024210908 1490 WOODVIEW AVE E 110.68 0024216608 3422 HIGHLANDER DR 110.83 0037717709 1059 SAVANNAH RD 110.95 0038333100 3165 DONEENE LANE 112.04 0012530200 1615 CLEMSON DR 112.07 0036212009 3045 CHERRYWOOD CT 112.07 0012206900 627 ATLANTIC HILL DR 112.37 0036706406 3247 RED OAK DR 112.61 0024205908 3498 GREENWOOD CT S 113.39 0035511609 3535 ELRENE RD 113.43 0023502602 1957 JADE LANE 113.74 0010707602 4353 SVENSK LANE 113.90 0012427209 4314 BRADDOCK TR 113.90 0012605200 2127 CLIFFHILL LANE 113.90 0024601106 3560 WIDGEON WAY 113.90 0089909110 3515 SAWGRASS TR W 113.97 0038224200 887 IVY LANE 114.40 0025001306 3834 LAUREL CT 114.48 0025110008 3575 COACHMAN RD 114.76 0012902300 4492 CLOVER LANE 114.83 0024430407 1291 WIN DCRESTAVE 115.03 0010208601 4230 DIAMOND DR 115.44 0012319000 4608 RIDGE CLIFFE DR 115.51 0012107504 1120 GABBERT CIR 115.60 0024205205 3475 GREENWOOD CT S 115.72 0036307700 2987 PILOT KNOB RD 115.82 0012828604 4736 RIDGE WIND TR 115.88 0024318701 1237 TIMBERSHORE LANE 116.03 0024514200 1117 W ESTBU RY PATH 116.53 0036147502 3130B FARNUM DR 116.62 0037818200 3819 DAN BURYTR 117.18 5 Account # Service Address Certification Balance 0037811007 991 NORTHVIEW PARK RD 117.18 0011110608 1722 WOODGATE LANE 117.51 0011721008 4302 BEAVER DAM RD 117.53 0024715906 1387 CHATTERTON RD 117.56 0012608105 4528 SCOTT TR 118.06 0010501500 1632 WALNUT LANE 118.54 0024337305 1320 DRESDEN CT 118.54 0025630609 2120 WUTHERING HEIGHTS RD 118.60 0024314809 1175 TIMBERSHORE LANE 118.79 0023808801 1839 CARNELIAN LANE 119.28 0012009205 4725 OAK WAY 119.28 0012904009 4464 CLOVER LANE 120.20 0038320008 3156 CRANE CREEK PL 120.44 0023808207 4013 LIMONITE LANE 120.88 0037113701 816 SHORTLINE 121.75 0013164108 4713 STRATFORD LANE 122.01 0012109005 1112 KIRKWOOD DR 122.46 0024465908 1434 KINGS WOOD RD 122.62 0012808002 4685 ALTA PT 122.66 0036723609 3449 ROLLING HILLS DR 122.74 0036801504 591 WORCHESTER CIR 123.09 0012618708 4510 SLATER RD 123.18 0012900908 4396 CLOVER LANE 123.18 0010905909 1339 EASTER LANE 123.18 0012515003 1546 CLEMSON DR 123.28 0025009101 3864 HEATHER DR 123.30 0036142602 3227 EVERGREEN DR 123.32 0025708009 1523 DEERWOOD BEND 123.58 0036507903 1077 BEATRICE ST 124.38 0025502303 1390 ROCKY LANE 124.50 0011812708 4751 BEACON HILL RD 124.78 0012508008 1577 BAYLOR CT 124.91 0012104808 4552 KIRKWOOD CIR 125.00 0036115301 1654 DONALD CT 125.00 0012120309 1017 WEDGWOOD LANE S 125.00 0012916300 2220 WYNDEMERE LANE 125.04 0024101602 1745 DAVENPORT AVE 125.32 0025209701 1610 BLACKHAWK LAKE PL 125.33 0023412109 3710 BLACKHAWK RD 125.47 0012630604 4439 CINNAMON RIDGE CIR 126.46 0013211503 1785 BRANT CIR 127.22 0012632600 4408 CINNAMON RIDGE CIR 127.22 0012001608 4905 SAFARI CT S 127.78 0012280855 689 HAY LAKE RD N 127.82 0010801306 4454 CHES MAR CIR 127.88 0035501501 1428 SKYLINE RD 128.09 0012711909 4655 LENORE LANE 128.41 0012309001 4647 RIDGE CLIFFE DR 128.42 6 Account # Service Address Certification Balance 0010707701 1325 CARLSON LAKE LANE 128.92 0036304202 1478 BRIDGEVIEW AVE 129.52 0024009904 1741 BLUEBILL DR 129.81 0037018702 3687 FALCON WAY 129.86 0011014206 1760 HICKORY HILL 129.95 0012105201 1095 KIRKWOOD DR 130.10 0035501410 1426 SKYLINE RD 130.23 0012623807 4534 CINNAMON RIDGE TR 131.00 0010110609 2066 QUARTZ LANE 131.07 0037806304 3922 BOSTON CIR 131.34 0037706900 3876 GIBRALTAR TR 131.40 0037711801 3869 GIBRALTAR TR 131.60 0012800306 4711 SUNNE PT 132.32 0025674102 3685 ROBIN LANE 132.37 0011714300 4353 BEAR PATH TR 132.41 0023800709 1850 JADE LANE 132.44 0023408313 1955 GOLD TR 132.44 0012827101 4725 RIDGE WIND TR 133.68 0035501808 1436 SKYLINE RD 134.09 0037719804 3912 DAN BURY TR 134.98 0038288908 894 OAK CT 135.03 0010102200 2134 SHALE LANE 135.06 0023702509 1776 SERPENTINE DR 135.33 0012911509 4448 CLOVER LANE 135.73 0024308603 3660 DENMARK AVE 135.98 0012109500 4568 HORIZON CIR 136.22 0089909060 2147 CEDAR GROVE TR 136.27 0010411106 2030 SHALE LANE 137.16 0036512309 1069 KEEFE ST 137.24 0011910403 1634 NORWOOD DR 137.44 0012511101 1575B CLEMSON DR 137.73 0036310704 2950 BURNSIDE AVE 137.98 0010400505 2002 DIFFLEY RD 138.77 0012228102 4306 TRENTON TR 139.09 0023304900 2057 BLUESTONE LANE 139.19 0024208902 1521 WOODVIEW AVE W 139.84 0037010808 3650 BLUE JAY WAY 140.02 0038202503 604 THAMES CIR 140.02 0038223707 742 CAMBERWELL DR 140.02 0012430104 4336 LEXINGTON POINTE PKWY 140.05 0013171707 2270 WOODHILL CT 140.20 0036401917 1352 JURDY RD 140.35 0012837803 4736 BERKSHIRE WAY 140.72 0037502804 612 AUTUMN OAKS CT 140.90 0012241402 4462 REINDEER LANE 141.10 0037011905 3605 BLUE JAY WAY 141.22 0011622560 4530 GREENLEAF DR E 141.38 0024211203 1480 WOODVIEW AVE E 141.51 7 Account # Service Address Certification Balance 0037007705 870 WESCOTT SQUARE 141.84 0025008103 3857 HEATHER DR 142.46 0024216103 3444 HIGHLANDER DR 142.85 0023803604 3966 MICATR 143.06 0011011202 1790 WALNUT LANE 143.93 0023918105 4150 MEADOWLARK WAY 143.94 0089907925 870 TRAILS END RD 143.94 0010309508 4247 SANDSTONE DR 144.07 0010512804 1633 HICKORY HILL 144.99 0011602802 4535 LENORE LANE 145.00 0024005704 1768 FLAMINGO DR 145.15 0023702400 1778 SERPENTINE DR 145.31 0036405306 1380 JURDY RD 145.68 0037105608 4154 PENNSYLVANIA AVE 145.95 0012611000 4513 SCOTT TR 145.97 0011005907 1711 HICKORY HILL 146.13 0011100906 4448 WOODGATE CT 146.22 0025674805 3684 ROBIN LANE 146.91 0010509503 1663 HICKORY LANE 147.75 0024202400 1527 GREENWOOD CT N 148.88 0012632667 4462 CINNAMON RIDGE TR 148.99 0025704701 4098 OAKBROOKE CURVE 149.01 0037018900 3695 FALCON WAY 150.32 0012305702 4708 PENKWE CIR 150.98 0025727405 1756 TALON TR 151.57 0036143501 1622 RAINDROP DR 152.31 0036233203 1611 SKYLINE PATH 152.63 0011816303 4713 COVINGTON CIR 152.64 0037808904 1075 NORTHVIEW PARK RD 153.01 0023700206 3901 TURQUOISE PT 153.32 0023509508 4058 OLIVINE DR 153.60 0037904208 3673 WESCOTT HILLS DR 153.72 0025746306 4026 CEDAR GROVE LANE 154.16 0024315905 1193 TIMBERSHORE LANE 154.53 0037702206 3910 PRINCETON TR 156.40 0012802807 4725 LUND PT 156.59 0036300101 1410 SKYLINE RD 156.60 0023508500 4064 MICATR 156.72 0037018207 3663 FALCON WAY 156.99 0012263604 750 HAY LAKE RD N 157.02 0011729308 4308 SUN CLIFF RD 157.22 0036407104 1335 QUARRY LANE 158.00 0025731100 2132 CEDAR GROVE TR 159.51 0038204608 611 EDEN CIR 159.63 0012616405 4478B CINNAMON RIDGE TR 159.63 0038302808 826 BALD LAKE CT 160.03 0024905200 3614 CROSSROAD CT 161.83 0024316606 1203 TIMBERSHORE LANE 162.08 K Account # Service Address Certification Balance 0024112005 3916 RIVERTON AVE 162.46 0012813705 4684 LENORE LANE 162.72 0037204906 3651 GREENSBORO DR 162.86 0025710104 1490 DEERWOOD BEND 163.07 0012301107 4693 RIDGE CLIFFE DR 163.30 0036120509 3146B FARNUM DR 163.75 0011622834 590 GREENLEAF DR S 163.94 0025723909 1783 TALON TR 164.39 0010210607 4251 DIAMOND DR 164.54 0038315503 633 CRANE CREEK LANE 165.71 0036105617 3240 HERITAGE LANE 166.16 0011812401 4739 BEACON HILL RD 166.53 0024210502 1504 WOODVIEW AVE W 166.68 0012134904 768 COUGAR DR 166.86 0037718707 1026 SAVANNAH RD 167.07 0010101905 2120 SHALE LANE 167.07 0011008307 1755 WALNUT LANE 167.16 0010106904 2078 COPPER LANE 167.19 0024511909 3951 WESTBURY DR 167.19 0011719804 4297 SUNRISE RD 167.35 0037200805 3786 GREENSBORO CT 167.63 0012601803 4471 SCOTT TR 167.75 0023502701 1956 CARNELIAN LANE 168.01 0036116705 1624 DONALD CT 168.17 0024904104 1264 DUCKWOOD DR 168.19 0012608907 4556 SCOTT TR 168.69 0024209405 1531 WOODVIEW AVE W 168.97 0025603002 3943 CLIPPERS RD 169.52 0025703901 1570 OAKBROOKE TER 169.58 0012806501 4688 HORTEN PT 169.77 0038298600 905 HYLAND CT 170.35 0023408503 1973 GOLD TR 171.07 0036507002 1041 BEATRICE ST 171.41 0012225009 4321 TRENTON TR 171.70 0036724409 654 HILLSIDE DR 171.92 0012130407 850 SUDBERRY LANE 172.05 0011816907 4731 COVINGTON CT 172.30 0036304806 1460 SOUTHRIDGE AVE 172.37 0036506301 1046 KENNETH ST 172.47 0023710601 3820 COUNTRY CREEK WAY 172.47 0012121802 1006 WEDGWOOD LANE N 173.27 0024010803 1753 BLUEBILL DR 173.41 0012302501 4676 RIDGE CLIFFE DR 173.50 0037513801 4101 BAFFIN BAYS 173.68 0036408003 1330 TOWERVIEW RD 173.89 0024511800 3945 WESTBURY DR 174.50 0012711602 4631 LENORE LANE 174.68 0010312502 2042 DIFFLEY RD 175.00 9 Account # Service Address Certification Balance 0012280624 668 OVERHILL RD 175.23 0010900702 1376 BALSAM ST E 175.40 0012208302 582 MICHIGAN CT 176.00 0010514404 1677 HICKORY HILL 176.44 0012262507 4508 WHITETAIL WAY 176.51 0089909015 2133 CEDAR GROVE TR 176.67 0012712808 1846 KARIS WAY 176.85 0011011004 1807 WALNUT LANE 176.87 0010307403 4230 MOONSTONE DR 176.88 0024301301 3650 KOLSTAD RD 176.92 0011801008 4657 BEACON HILL RD 177.06 0037102308 4087 VERMONT AVE 177.86 0025208208 1599 BLACKHAWK LAKE DR 178.16 0036513208 1052 KEEFEST 178.37 0010907806 4251 CARLSON LAKE LANE N 178.61 0024220709 3669 ASHBURY RD 178.96 0037121001 861 TROTTERS RIDGE 179.16 0025719501 4177 OLD SIBLEY MEM HWY 179.29 0038237400 3694 WILLBROOK CT 179.30 0012803102 4714 TANA PT 179.69 0023202609 4177 TOPAZ DR 179.70 0023406853 2125 SILVER BELL RD 179.97 0011707502 1971 TIMBER WOLF TR S 180.38 0037016706 1067 HUMMINGBIRD LANE 181.64 0037502705 616 AUTUMN OAKS CT 181.76 0012314506 4648 1/2 PENKWE WAY 182.24 0023709900 3842 COUNTRY CREEK WAY 182.47 0012105607 1084 KIRKWOOD DR 182.80 0011512209 4226 BOULDER RIDGE PT 183.55 0012240008 4474 WHITETAIL WAY 184.04 0025630302 3777 ROBIN LANE 184.15 0010210201 2125 MARBLE LANE 184.46 0012007308 2041 PIN OAK DR 184.48 0012316006 4608 1/2 PENI<WE WAY 184.71 0012819306 4704 HIDDEN PT 184.98 0013183207 4225 DANIEL DR 185.13 0023410111 3645 KENNEBEC DR 185.87 0024510000 3854 WESTBURY DR 186.05 0037707700 1031 BRIAR CREEK RD 186.31 0023610702 1875 GOLD TR 186.56 0010101806 2116 SHALE LANE 186.72 0013100706 4205 SUMAC PT 187.51 0024305609 3661 DENMARK AVE 188.13 0010105609 2091 SHALE LANE 188.68 0025724006 1779 TALON TR 188.68 0036507606 1065 BEATRICE ST 188.93 0036304103 1477 BRIDGEVIEW AVE 189.40 0012610200 4535 SCOTT TR 189.57 10 Account # Service Address Certification Balance 0011106408 4456 WOODGATE PT 189.61 0036822203 721 BRADFORD CIR 189.99 0010301406 4247 LIMESTONE DR 190.77 0037716800 1023 SAVANNAH RD 191.92 0013131602 605 MCFADDENS TR 192.29 0012818407 4702 GRENADA PT 192.54 0010410405 2065 SHALE LANE 192.69 0011002607 1702 HICKORY HILL 192.74 0010830701 1286 WILDERNESS CURVE 193.51 0024335002 3805 DENMARK AVE 193.64 0012100707 4595 MAPLE LEAF CIR 194.11 0023100506 4152 NICOLS RD 194.36 0037020906 3683 CANARY WAY 195.13 0012500104 1504 AUBURN CT 195.33 0025726803 1780 TALON TR 196.84 0036430205 3080 SHIELDS DR 107 197.56 0010602803 4236 SEQUOIA DR 198.00 0025603705 1434 APPALOOSA TR 198.22 0024336208 3809 DEERCLIFF CT 198.34 0038217402 731 CAMBERWELL DR 198.83 0011734902 4294 FOX RIDGE RD 199.02 0012426003 4262 DANIEL DR 199.22 0037811809 3869 DANBURYTR 199.40 0037811205 979 NORTHVIEW PARK RD 199.40 0024312209 1182 TIMBERSHORE LANE 199.47 0023210107 2106 JADE LANE 199.93 0038225207 3463 TRAILS END RD 200.12 0037020104 3680 FALCON WAY 200.51 0037705407 1036 TICONDEROGA TR 200.66 0023109309 2087 GARNET LANE 200.70 0010108702 4352 DIAMOND DR 201.04 0036610103 3240 DODD RD 201.24 0012135703 899 PARK KNOLL DR 202.02 0010111805 2126 QUARTZ LANE 202.03 0036917003 3633 WINDTREE DR 202.47 0012625703 4416 SLATER RD 202.48 0012031209 2016 VIENNA LANE 202.68 0012215703 4215 VALLEY FORGE PL 202.85 0012429502 4354 BRADDOCK TR 203.01 0013144506 969 CONEFLOWER CT 203.41 0012714002 1801 COVINGTON LANE 203.74 0010407302 2019 SHALE LANE 203.99 0024514903 3805 WESTBURY LANE 204.11 0025725300 4132 RAPTOR RD 204.22 0036405918 3210 JURDY CT S 204.90 0025719600 4173 OLD SIBLEY MEM HWY 205.09 0010905107 1346 EASTER LANE 205.29 0036205003 2852 SIBLEY HILLS DR 205.34 11 Account # Service Address Certification Balance 0012813903 4690 LENORE LANE 205.67 0013173604 4865 FOUR SEASONS DR 206.15 0025111303 3569 BALTIC AVE 206.23 0012127502 876 SUDBERRY LANE 206.41 0023410509 3659 KENNEBEC DR 206.97 0012609202 4563 SCOTT TR 207.16 0024903205 3616 DENMARK AVE 207.66 0011713401 4389 BEAR PATH TR 208.04 0025651308 3731 BROWN BEAR TR 208.41 0010612505 4393 PILOT KNOB RD 208.54 0025105107 1629 BOARDWALK 208.54 0025200908 1482 FEDERAL CT 208.67 0025725409 4128 RAPTOR RD 209.28 0023300908 4050 DIAMOND PT 210.54 0023510902 3979 MICA TR 211.04 0035501709 1432 SKYLINE RD 211.15 0011122900 4383 WOODGATE LANE N 211.16 0010408102 4391 ONYX DR 211.29 0013106901 2019 SAFARI HEIGHTS TR 211.56 0025310988 1446 ROCKY LANE 211.61 0036410215 899 APOLLO RD 211.72 0015513104 4355 SOUTH ROBERT TR 211.72 0012840609 1934 BERKSHIRE DR 212.61 0012201307 773 HACKMORE DR 212.87 0037612702 3842 MILL RUN LANE 213.75 0023306509 2030 BLUESTONE LANE 213.99 0013144605 973 CONEFLOWER CT 214.12 0023811409 1830 CARNELIAN LANE 214.76 0037117603 844 NORTHVIEW PARK RD 217.05 0012120408 1021 WEDGWOOD LANE S 217.08 0037203007 3795 GREENSBORO DR 217.67 0011717105 1876 DEER HILLS TR 218.72 0023508807 4046 M ICA TR 219.90 0024404600 1690 BLACKHAWK COVE 219.90 0023112808 2088 OPAL DR 220.32 0024213209 3421 HIGHLANDER DR 220.64 0037513504 4079 CAMBERWELL DR N 221.12 0024117004 3830 RIVERTON AVE 221.36 0012704201 1810 KARIS WAY 221.41 0036205201 2888 SIBLEY HILLS DR 221.54 0025012600 3802 HEATHER DR 222.04 0012017703 2080 KINGS RD 222.53 0024207409 3468 GREENWOOD CT S 222.93 0036504306 1037 KENNETH ST 223.03 0013264700 4410 WOODGATE COVE 223.51 0013262308 1631 SUMMIT HILL 223.51 0011309200 1260 DUNBERRY LANE 223.76 0023307606 2082 BLUESTONE DR E 223.85 12 Account # Service Address Certification Balance 0024012403 3760 GOLDEN HILL TER 224.39 0023106909 4144 DIAMOND DR 225.71 0011506201 4304 KAUFMANIS WAY 226.50 0012838702 1933 BERKSHIRE DR 226.88 0010705408 1348 COSMOS LANE 227.67 0036145407 3220 EVERGREEN DR 228.46 0025689803 1706 OAKBROOKE WAY 229.18 0012122503 1011 WEDGWOOD LANE N 229.21 0023902000 4106 BLACKHAWK RD 229.38 0012004909 4842 SAFARI PASS 229.55 0024904906 3617 CROSSROAD CT 230.36 0035500305 3207 SIBLEY MEMORIAL HWY 230.50 0023913106 4007 BLACKHAWK RD 230.53 0013103007 643 CRIMSON LEAF TR 230.56 0023103401 2178 GARNET PT 230.57 0023808009 1840 TACONITE TR 231.03 0024561201 3861 WESTBURY LANE 231.31 0013198106 4929 SLATER RD 231.49 0036512101 1061 KEEFE ST 232.03 0013128400 4345 DORCHESTER CT 232.18 0037808102 1000 BOSTON HILL RD 232.34 0023305006 2053 BLUESTONE LANE 232.44 0023710304 3828 COUNTRY CREEK WAY 232.65 0013167309 4701 STRATFORD LANE 232.88 0025203100 1406 BLACKHAWK LAKE DR 233.36 0011119005 4431 MALLARD CT 233.73 0012603106 2099 CLIFFVIEW DR 233.83 0037810801 995 NORTHVIEW PARK RD 234.20 0024333809 3866 DENMARK AVE 234.67 0036712701 3306 ROLLING HILLS DR 234.92 0012014205 2048 KINGS RD 235.04 0010109601 2089 COPPER LANE 235.07 0012630208 4427 CINNAMON RIDGE CIR 235.48 0037105103 4188 READING 236.77 0038260501 929 TRAIL CT 237.59 0025730904 2128 CEDAR GROVE TR 238.11 0036209401 1556 RED CEDAR RD 238.59 0010910503 1212 BALSAM TR E 238.63 0010700300 4360 GARDEN TR 238.68 0013221908 538 MAJESTIC OAKS CT 238.70 0013179601 965 TRILLIUM CT 238.76 0012505004 1515 CLEMSON DR 238.96 0011717204 4235 SUNRISE RD 239.02 0024106908 3967 RIVERTON AVE 239.84 0037801602 1012 TICONDEROGA TR 240.05 0012228300 4285 AUGUSTA LANE 240.31 0012233805 776 SUNSET DR 241.26 0037801909 1006 TICONDEROGA TR 241.98 13 Account # Service Address Certification Balance 0010205409 2069 MARBLE LANE 242.41 0012016614 2086 KINGS RD 242.46 0036607505 645 RITA CT 242.77 0036405710 3205 JURDY CT S 242.88 0012102406 4586 CANTEBURY CIR 243.04 0012436705 952 JEFFERSON LANE 243.29 0011720000 4301 SUNRISE RD 243.58 0011121803 1753 CANVASBACK LANE 243.98 0012913000 4404 CLOVER LANE 244.36 0013115902 4220 DANIEL DR 244.72 0036808905 3984 STONEBRIDGE DR N 245.33 0012031407 2012 VIENNA LANE 246.97 0010301703 4265 LIMESTONE DR 247.17 0037202405 3759 GREENSBORO DR 248.56 0011735107 4302 FOX RIDGE RD 250.68 0023505605 4058 RAHN RD 250.76 0012013603 2060 KINGS RD 251.27 0025201906 1511 LAKEVIEW CURVE 252.53 0012608808 4550 SCOTT TR 252.87 0011716313 4300 BLACKHAWK RD 253.97 0038301701 842 GOVERN CIR 254.28 0010201200 2073 QUARTZ LANE 254.94 0012232807 774 YORKTOWN PL 255.29 0012306809 4676 PENKWE WAY 256.49 0010803807 1345 WILDERNESS RUN DR 256.59 0012221701 4292 TRENTON TR 257.37 0011803509 1584 LANCASTER LANE 257.38 0012504601 1520B CLEMSON DR 257.57 0012906301 4489B CLOVER LANE 257.76 0024207706 3462 GREENWOOD CT S 258.19 0012116000 1085 TIFFANY DR 258.24 0023901200 1844 KATHRYN CIR 258.62 0012246401 4346 YORKTOWN DR 258.88 0024905804 1256 DUCKWOOD DR 258.91 0025640103 1345 TOWN CENTRE DR 259.43 0024335903 3822 DEERCLIFF CT 259.85 0013008008 1466 RICHARDS CT 259.86 0010603108 4233 SEQUOIA DR 262.41 0012824801 1887 COVINGTON LANE 262.43 0025221409 1586 LAKEVIEW CURVE 263.23 0037817509 983 STONY POINT RD 263.39 0037102902 4107 STATES AVE 264.44 0036723104 3239 HILLSIDE CT 264.77 0023807001 1847 TACONITE TR 264.78 0013016308 4677 PARKRIDGE DR 264.79 0012307609 1649 COVINGTON LANE 264.83 0010409407 4344 SANDSTONE DR 265.30 0024214504 3449 HIGHLANDER DR 265.31 14 Account # Service Address Certification Balance 0038289104 886 OAK CT 265.84 0013002100 4618 PARKRIDGE DR 266.55 0012280954 4505 HAY LAKE RD S 266.87 0011726908 4291 SUN CLIFF RD 267.04 0036406015 3206 JURDY CT S 267.55 0036300218 1420 SKYLINE RD 267.56 0023304009 2097 CARNELIAN LANE 267.91 0036401107 3206 MARICE CT 269.22 0012637500 2243 JAMES ST 269.86 0023909609 1806 TACONITE TR 270.21 0011715406 1984 SHALE LANE 270.67 0010902302 1355 BALSAM ST E 270.75 0013157003 524 HACKMORE CT 271.09 0012122107 4458 WEDGWOOD DR 271.47 0013015607 4659 PARKRIDGE DR 272.11 0037710803 1053 KETTLE CREEK RD 272.27 0012266706 4474 OAK POND RD 272.99 0012711305 4611 LENORE LANE 273.17 0012508602 1564B BAYLOR CT 273.22 0012134706 778 COUGAR DR 275.44 0036205714 1530 LONE OAK RD 275.72 0023309107 1941 TURQUOISE TR 275.84 0013141106 4688 BRISTOL BLVD 276.24 0023609407 3856 CINNABAR DR 276.54 0012247300 4250 AUGUSTA LANE 276.89 0023112006 2060 EMERALD LANE 277.06 0012016101 2062 VIBURNUM TR 277.12 0013018007 4680 PARKRIDGE DR 277.26 0036107605 3318 DONALD AVE 277.48 0012220802 860 ROGERS CT 277.81 0025633702 1863 RUBY CT N 280.22 0023102304 4084 DIAMOND DR 281.48 0036605301 3320 ROLL LANE 282.38 0012313706 4607 PENKWE WAY 282.51 0089908455 654 PARKSIDE CT 282.60 0011806007 4635 KINGSBURY DR 282.98 0012630109 4425 CINNAMON RIDGE CIR 283.06 0024904401 3611 CROSSROAD CT 283.08 0023900707 1845 KATHRYN CIR 284.23 0012310306 4639 1/2 PENKWE WAY 284.98 0012022901 1964 SAFARI TR 286.71 0037504107 4142 LANTERN LANE 287.02 0011813201 4773 BEACON HILL RD 287.93 0036504900 1061 KENNETH ST 288.29 0012645305 4813 WHISPERING CT 288.47 0012632766 4444 CINNAMON RIDGE TR 288.73 0011803707 4613 CAMBRIDGE DR 288.86 0012435103 933 JEFFERSON LANE 289.45 15 Account # Service Address Certification Balance 0012228003 4310 TRENTON TR 289.58 0024606501 1179 KITTIWAKE CIR 289.93 0025653205 3681 ROBIN LANE 290.04 0012901906 1829 WALNUT LANE 290.40 0010901502 4296 SVENSK LANE 290.93 0012027108 2035 PIN OAK DR 291.90 0013210505 1745 BRANT CIR 293.79 0023509003 4059 OLIVINE DR 297.60 0023906803 1818 BLUESTONE DR E 297.60 0012004602 4860 SAFARI PASS 297.62 0023105109 2100 GARNET LANE 297.63 0024324501 3757 DENMARK TR W 298.47 0012280970 4513 HAY LAKE RD S 298.84 0011704509 1961 TIMBER WOLF TR N 299.08 0023801806 4001 PUMICE LANE 299.30 0012808804 1757 KARIS WAY 300.15 0024901605 1311 CRESTRIDGE LANE 301.76 0012628202 4461 SLATER RD 302.43 0012223806 4282 VALLEY FORGE PL 302.63 0024461204 4020 HOSFORD HILLS RD 303.87 0013189105 4808 WESTON HILLS DR 305.12 0011126703 4310 WOODGATE LANE N 305.38 0012462008 4392 HAMILTON DR 306.08 0024521304 3912 WESTBURY WAY 306.17 0011303500 1381 LAKESIDE DR 306.21 0013122502 4392 TOFTE LANE 308.90 0013206909 4304 PINTAIL CT 310.21 0023304108 2101 CARNELIAN LANE 310.77 0024715104 1355 CHATTERTON RD 311.02 0012239208 4483 WHITETAIL WAY 311.08 0037004207 930 WESCOTTTR 311.72 0012101903 4593 CANTEBURY CIR 312.04 0036610004 3200 DODD RD 312.50 0024228207 3613 ASHBURY RD 312.53 0012007704 2065 PIN OAK DR 313.11 0023912603 1766 GABBRO TR 313.39 0024004806 1750 FLAMINGO DR 313.91 0036112589 3147 FARNUM DR 316.31 0012606901 2094 CLIFFHILL LANE 316.88 0012838306 4717 BERKSHIRE CT 318.69 0013117908 4657 MANOR DR 320.81 0023802002 4013 PUMICE LANE 321.07 0013152509 554 HAWTHORNE WOODS DR 321.13 0012605507 2115 CLIFFHILL LANE 321.80 0025007105 3837 HEATHER DR 322.63 0012205209 670 ATLANTIC HILL DR 322.69 0012018305 2148 NANCY CIR 323.16 0011804101 1563 LANCASTER LANE 323.53 16 Account # Service Address Certification Balance 0023607906 3957 PERIDOT PATH 324.12 0011701802 1977 BADGER CT 324.39 0011704707 1969 TIMBER WOLF TR N 324.63 0038012209 3761 BAYBERRY LANE 324.90 0012826806 4742 PONDVIEW DR 326.47 0012460903 4403 HAMILTON DR 327.27 0038246401 3895 MERSEY PT 327.60 0025649203 1844 DEER POND CIR 327.91 0010303303 4253 JASPER DR 327.96 0011507506 4365 CAPRICORN CT 328.87 0023807209 1855 TACONITE TR 328.99 0023406721 2113 WUTHERING HEIGHTS RD 329.36 0012223301 4279 VALLEY FORGE PL 329.98 0025693607 1665 OAKBROOKE CIR 330.70 0012625406 4403 SLATER RD 330.95 0013192000 535 WHITE PINE WAY 332.47 0013134804 4269 ROSEMARY CT 336.59 0012022802 1966 SAFARI TR 336.82 0012245205 4371 YORKTOWN DR 336.83 0011727609 1900 BEAR PATH TR 338.33 0013124706 4231 WEXFORD WAY 339.20 0036803302 3820 FAIRHAVEN RD 339.83 0010701001 4395 GARDEN TR 340.65 0013246707 1517 COVINGTON LANE 341.12 0013178603 1005 TRILLIUM CT 345.88 0013193909 2207 MARILYN AVE 346.90 0025221904 1566 LAKEVIEW CURVE 348.09 0025205907 1509 BLACKHAWK RIDGE WAY 349.17 0013149703 4331 JENNIFER CT 349.95 0023909807 1798 TACONITE TR 351.90 0025208109 1595 BLACKHAWK LAKE DR 352.06 0013127808 4321 DORCHESTER CT 352.72 0037607207 661 BRIDLE RIDGE RD 352.73 0038310405 512 CHAPEL CT 353.94 0023704703 3956 TURQUOISE CIR 355.97 0011817806 4712 COVINGTON CT 360.59 0023507700 4034 BERYL RD 365.52 0023607302 3948 CINNABAR DR 366.93 0012205001 745 GOLDEN MEADOW RD 371.61 0036722304 3413 ROLLING HILLS DR 375.73 0013284104 551 CAYLIN CT 382.96 0011125507 4354 WOOD DUCK CIR 386.48 0011111804 1704 WOO DGATE LANE 389.05 0011713005 4386 BEAR PATH TR 389.44 0010312106 2058 DIFFLEY RD 391.94 0013107305 2035 SAFARI HEIGHTS TR 395.40 0025110404 1601 PACIFIC AVE 400.98 0010910909 1219 BALSAM TR E 401.56 17 Account # Service Address Certification Balance 0012605408 2119 CLIFFHILL LANE 401.64 0038010005 3770 LINDEN LANE 403.47 0011724200 1888 SUNRISE CT 406.66 0011103108 4463 WOODGATE CT 410.63 0035501204 1534 LONE OAK RD 412.11 0024314700 1173 TIMBERSHORE LANE 416.52 0011737509 4281 FOX RIDGE RD 416.92 0036813806 4017 STONEBRIDGE DR S 418.64 0013120605 4755 CYPRESS PT 419.19 0012265302 4505 OAK POND RD 426.39 0010900504 1384 BALSAM ST E 433.08 0010701704 1384 AMARYLLIS LANE 439.83 0036146306 3238 EVERGREEN DR 448.22 0013139100 4691 BRISTOL BLVD 448.60 0012403408 4585 LAKE PARK DR 460.52 0013209705 1713 BRANT CIR 463.77 0011731700 1864 BEAR PATH TR 472.03 0010203404 2094 MARBLE LANE 473.72 0012318309 4616 1/2 RIDGE CLIFFE DR 476.95 0023418601 3710 KNOLL RIDGE DR 478.14 0025718909 1827 JOURDAN CT 487.78 0010310605 2063 CORAL LANE 489.48 0025310202 1432 CUTTERS LANE 498.02 0025305004 4002 DEERWOOD TR 510.25 0013264908 4413 WOODGATE COVE 512.45 0011200508 4333 MEDARYAVE 514.21 0037116902 4036 PENNSYLVANIA AVE 521.73 0013145503 997 WILDFLOWER CT 531.13 0038278206 1130 NORTHWOOD DR 536.35 0023112402 2106 OPAL DR 537.12 0013146105 976 WILDFLOWER CT 551.60 0024104804 1713 DEERWOOD DR 563.23 0010906501 1395 SIGFRID ST E 572.90 0012624201 4431 SLATER RD 588.67 0036147007 3134 FARNUM DR 605.04 0012708707 4759 NARVIK DR 629.33 0024204406 1524 GREENWOOD CT N 654.33 0024407504 1300 DEERWOOD DR 683.37 0013243209 2269 WALL ST 685.47 0012623302 4548 CINNAMON RIDGE TR 705.72 0011800901 4651 BEACON HILL RD 750.50 0036503704 2836 LEXINGTON AVE S 769.94 0036230506 1590 STEPHANIE CIR 790.60 0024201709 1522 ASPEN DR 805.86 0025500406 3760 BLACKHAWK RD 517.46 0010712800 1269 WILDERNESS RUN RD 882.04 0013162607 1600 WEXFORD CIR 912.00 0013147608 1051 WALNUT RIDGE DR 986.59 18 Account # Service Address Certification Balance 0011723608 1885 SUNRISE CT 990.73 0036144905 1593 RAINDROP DR 1,012.55 0023709702 3850 COUNTRY CREEK WAY 1,029.81 0012839601 1951 BERKSHIRE DR 1,115.22 0010100105 4206 NICOLS RD 1,145.05 0011010600 1803 WALNUT LANE 1,164.81 0012624300 4429 SLATER RD 1,182.14 0036608800 629 SALLY CIR 1,193.70 0037708005 1043 BRIAR CREEK RD 1,193.95 0011743804 1885 DEER HILLS TR 1,203.04 0010700508 4374 GARDEN TR 1,212.99 0012604005 2110 CLIFFVIEW DR 1,240.81 0038272803 1288 PROMENADE PL 1,241.22 0023900509 1833 KATHRYN CIR 1,252.11 0012907804 4405 CLOVER LANE 1,255.13 0036308401 1310 AVALON AVE 1,265.00 0012631602 4469 CINNAMON RIDGE CIR 1,265.15 0024213407 3425 HIGHLANDER DR 1,280.27 0013237706 907 OAKWOOD HEIGHTS CIR 1,298.03 0012280673 659 OVERHILL RD 1,302.76 0025011800 3812 WILLOW WAY 1,318.18 0025505504 1561 JOHNNY CAKE ALCOVE 1,338.14 0037015104 3632 FALCON WAY 1,363.21 0038311502 497 CHAPEL CT 1,367.98 0011402104 4263 MALMO LANE N 1,409.04 0036107209 3302 DONALD AVE 1,538.38 0024406308 1655 BLACKHAWK COVE 1,632.88 0036202604 2954 SIBLEY MEMORIAL HWY 1,861.41 0036702702 3262 BLACK OAK DR 2,180.35 TOTAL 19 $210,296.81 Agenda Information Memo September 2, 2014, Eagan City Council Meeting PUBLIC HEARING C. Certify delinquent nuisance abatement bills Action To Be Considered: To close the public hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. Facts: ➢ The City Code allows for collection of delinquent nuisance abatement bills through certification to property taxes. Nuisance abatement bills include fees for false alarm calls, mowing and noxious weed removal, refuse removal and diseased tree removal. ➢ At the August 4, 2014 City Council meeting, a public hearing was scheduled for the September 2, 2014 City Council meeting. ➢ The City currently has four properties with delinquent false alarm invoices. Alarm users receive three free false alarms per year and are charged $100 for the fourth and each subsequent alarm. Unpaid fees are charged an additional 10 percent late fee. ➢ The City currently has two properties with delinquent diseased tree removal invoices. In both cases, the trees were infected with oak wilt. Because the property owners did not remove the trees to prevent the spread of the disease, the City caused the work to be done and invoiced the cost back to the property owners. Both trees were removed in 2013. ➢ A diseased tree removal from 2014 is also included in the proposed assessment roll. In this case, the property owner signed a waiver agreeing not to appeal the assessment. In exchange for signing the waiver, the City extended the assessment repayment period from the typical one -year term to a five -year term and waived the $25 certification fee. ➢ The assessable amount of the delinquent invoices is $4,214.19. The City will accept payment for any portion of the assessment free of interest charges for a period of 30 days, beginning September 3. If the assessment is paid after the interest -free period, interest at 4% from September 2, 2014 to December 31, 2015 will be added to the principal amount due. The length of the assessment is one year (except for the diseased tree removal noted above). Unpaid balances will be collected with the 2015 property taxes. ➢ None of the properties on the assessment roll are in or have recently been in the foreclosure process. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and the proposed assessments. Attachments: (1) PHC -1 Proposed Assessment Roll a � -6 Ln C Q 0 O U 0 m J I, Ln I, It Ol -1 00 00 rn N U w u L � � X = 3 � J m 0 Y v C m U Q C (II —i m cif w r, Q0 w Ln cr m Ln l0 'Cr' Ln m ct d 01 N 0 I- 'm _ a� a _ > > > r- 0 0 0 O E E E v v v v Q L L L Q: (U 0) E C E CC C CC C 4-1+ a --+ m � co ca ai v v v � v a� co co ca V) N VI N 1n VI V1 4— 4— 4— 4— 4� O O O O O M O = 0 0 0 0 0 -! O 41 Ln Ln Ln m O CI O 76 E m m m m- Ln 41 �, � � r-+ rH rl W m 0 'l/? i/} vl- V/ - in- V)- N IA. _ Q 0 0 0 0 0 0 m 0 0 0 0 0 0 0 r a-I ;F, Ln Ln Ln Ln Ln Ln N V jfN 4j). V)- V 4j)- V tA N U. L i V Q N r—I a 0 1 0 0 0 0 O 4 3 0 0 6 0 Ln 01 O O N O w w Ln O. w Ln m O Q CL *1 _ v 0 0 0 0 0 0 0 0 N m H 'ch w d' w O O O O H O N Q c-I co m N N O OH O O OH O O O a 0 H H 0 0 H O m m O m O O Ln rl l:t Ln M Ln H H m d, N w m m rl 00 lD N m H c-1 H O O O O O O O ->E a � -6 Ln C Q 0 O U 0 m J I, Ln I, It Ol -1 00 00 rn N U w u L � � X = 3 � J m 0 Y v C m U Q C (II —i m cif w r, Q0 w Ln cr m Ln l0 'Cr' Ln m ct d 01 N 0 I- Agenda Information Memo September 2, 2014, Eagan City Council Meeting NEW BUSINESS A. Conditional Use Permit— Bennerotte & Assoc. Action To Be Considered: To approve (or direct Findings of Fact for Denial) a Conditional Use Permit to allow a pylon sign on property located at 3085 Justice Way, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The subject property is zoned LB (Limited Business). ➢ The property was rezoned from A (Agricultural) to LB and platted in 2013. ➢ A 7,300 s.f. office building is under construction on the 1.7 acre parcel. The adjacent lot to the east is an outlot. ➢ The applicant proposes a 27 ft — 3 7/8 in. pylon sign which slightly exceeds the 27 ft. maximum requirement. ➢ The overall sign face is 96.73 s.f. which is less than the 125 s.f. maximum requirement. ➢ The sign is proposed to be located 14.5 ft. from the east property line which would prohibit a future pylon sign on the undeveloped lot due to the 300 ft. spacing requirement. ➢ The Advisory Planning Commission held a Public Hearing on August 26, 2014 and is recommending approval. 60 -Day Agency Action Deadline: September 14, 2014 Attachments: (4) NBA -1 Location Map NBA -2 Draft August 26, 2014 APC minutes NBA -3 Staff Report NBA -4 Exhibits O � a as o jp rc i � y o Q% o Cl) Lt O f w U � 1 ^, LIlJL11JJ® 1 3 11 l 110 _ NI N3a oho � v 3 h u, 0 2 p ANMNiNd e o�eP cr oQPa``s� a ff` \p f TRUNK. -- ��__"`' °= 1-- - >. —�� •,�• . � ao o A Ol BLUE GE a �. 3Ntll }JtlNfll �Z J o o" rc t ° s,F,r � g r _Q_ L W a. 0 N O c c 0 = r w c � � O to 9y Q � O O _ J ® d � U 1 MU`' w Z 4j o o Q U aZ .M:� as m M 4c 0. W U O � a as o jp rc i � y o Q% o Cl) Lt O f w U � 1 ^, LIlJL11JJ® 1 3 11 l 110 _ NI N3a oho � v 3 h u, 0 2 p ANMNiNd e o�eP cr oQPa``s� a ff` \p f TRUNK. -- ��__"`' °= 1-- - >. —�� •,�• . � ao o A Ol BLUE GE a �. 3Ntll }JtlNfll �Z N o rc rc t ° s,F,r O CV r 0 N O c c w c °O 9y ca o L J ® O Q O � a as o jp rc i � y o Q% o Cl) Lt O f w U � 1 ^, LIlJL11JJ® 1 3 11 l 110 _ NI N3a oho � v 3 h u, 0 2 p ANMNiNd e o�eP cr oQPa``s� a ff` \p f TRUNK. -- ��__"`' °= 1-- - >. —�� •,�• . � ao o A Ol BLUE GE a �. 3Ntll }JtlNfll �Z N (D O O O CV r� 0 N O c c w c °O ca o J ® O LO O � a as o jp rc i � y o Q% o Cl) Lt O f w U � 1 ^, LIlJL11JJ® 1 3 11 l 110 _ NI N3a oho � v 3 h u, 0 2 p ANMNiNd e o�eP cr oQPa``s� a ff` \p f TRUNK. -- ��__"`' °= 1-- - >. —�� •,�• . � ao o A Ol BLUE GE a �. 3Ntll }JtlNfll MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA August 26, 2014 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, August 26, 2014, at 6:30 p.m., at the Eagan Municipal Center. Present were Vice Chair Vanderpoel, Secretary Piper, Members Sagstetter, Prashad and Dierkes. Also present were, City Planner Mike Ridley, Planner Sarah Thomas and City Attorney Bob Bauer. Absent, Member Filipi. AGENDA Secretary Piper moved, Member Sagstetter seconded a motion to adopt the Agenda. A vote was taken. All voted in favor. Motion carried 5 -0. July 22, 2014 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Prashad moved, Secretary Piper seconded a motion to approve the July 22, 2014, Advisory Planning Commission Meeting minutes, as amended. All voted in favor. Motion carried 5 -0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARING New Business A. Bennerotte & Associates Applicant Name: Tom Bennerotte, Bennerotte & Assoc. Location: 3085 Justice Way; Lot 1, Block 1, Bennerotte Addition Application: Conditional Use ,Permit A Conditional Use Permit to allow a pylon sign. File Number: 12- CU- 06 -07 -14 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated August 15, 2014. Secretary Piper asked how much building signage is allowed. Carolyn Sampson, Pro Sign Solutions, representing the property owner stated she was available for questions. Vice Chair Vanderpoel opened the public hearing. Advisory Planning Commission August 26, 2014 Page 2 of 3 Richard Jensen, 3315 Hwy 55, stated he was concerned about the light the sign would produce and asked which direction the sign would be oriented. There being no further public comment, Vice Chair Vanderpoel closed the public hearing and turned the discussion back to the Commission. Ms. Sampson explained the sign would be illuminated because the pylon sign functions as a business identifier as well as advertising. City Planner Ridley described the size, location and orientation. The APC had a general discussion about the proposed sign and potential future signage needs for the parcel to the east of the subject site. Member Sagstetter also clarified that the APC is only considering the application before them and that is for a pylon sign at 3085 Justice Way. Secretary Piper moved to recommend approval, Member Prashad seconded, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The height of the sign shall be a maximum of 27 feet. 3. A Building Permit, with engineered drawings, is required prior to installation of the new sign. 4. An administrative Sign Permit is required prior to installation of the new sign. 5. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit received July 30, 2014. 6. The pylon sign shall comply with all Sign Code requirements. 7. The sign exhibit shall be revised to correct the pylon sign square footage to be 96.73 sq. ft. 8. The brick base of the pylon pole shall match the brick of the principal building located upon the same property. All voted in favor. Motion carried 5 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 15, 2014 APPLICANT: Bennerotte and Assoc. CASE: 12- CU- 06 -07 -14 HEARING DATE: August 26, 2014 PROPERTY OWNER: MJKB Investment Co., LLC APPLICATION DATE: July 16, 2014 REQUEST: Conditional Use Permit LOCATION: 3085 Justice Way COMPREHENSIVE PLAN: O /S, Office /Service ZONING: LB, Limited Business SUMMARY OF REQUEST PREPARED BY: Sarah Thomas The applicant is requesting approval of a Conditional Use Permit for a pylon sign upon property located at 3085 Justice Way, legally described as Lot 1, Block 1, Bennerotte Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. Planning Report — Bennerotte & Assoc. August 26, 2014 Pane 2 Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property was rezoned from Agricultural to Limited Business and platted in 2013. EXISTING CONDITIONS A 7,300 s.f. office building is under construction on the 1.7 acre parcel. Development is expected to conclude this fall. Access is from Justice Way and the site is visible from Hwy 55 to the South. The adjacent lot remains an undeveloped outlot. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding — The property is zoned LB, Limited Business, with a land use designation of O /S, Office /Service. The property is intended for use as professional office and specifically a law office. Existing Use Zoning Land Use Designation North Single - Family Homes A, Agricultural O /S, Office /Service South Hwy 55 East Single - Family Homes A, Agricultural O /S, Office /Service West Office PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Compatibility with Surrounding — The property is zoned LB, Limited Business, with a land use designation of O /S, Office /Service. The property is intended for use as professional office and specifically a law office. Planning Report — Bennerotte & Assoc. August 26, 2014 Pace 3 Proposal — The applicant is proposing to erect a 27 ft — 3 7/8 in. pylon sign. The maximum height allowed per City Code is 27 feet; therefore, the applicant should slightly reduce the overall height. The main pylon sign consists of the business name, message and phone number (total area = 80.69 sq. ft.). Atop this sign is a business logo that is 16.04 sq. ft. The total pylon sign area is 96.73 sq. ft. The sign exhibit includes a note that the pylon sign cabinet size is 132 sq. ft. This measurement should be revised to include the actual dimensions of 96.73 sq. ft. The proposal includes incorporation of the address (16.88 sq. ft.) into the pole. This sign is not part of the maximum 125 sq. ft. allowed. The pole is proposed to be finished with brick that should match the brick of the principal building. Sign Ordinance — All ordinance requirements appear to be met, except for the height as previously mentioned. The overall size of the sign face and setback standards are met. Setbacks — The pylon sign is proposed to be located 14.5' from the east property line and over 30' from the south property line; both exceed the required 10' setback from property lines. The pylon sign is located outside of perimeter drainage and utility easements. Due to the 300' pylon spacing requirement, City staff suggested the applicant consider locating the pylon sign along the west property line as the proposed location will eliminate the ability of a pylon sign to be placed on the easterly outlot when it develops. Landscaping — No new landscaping is proposed. Landscape rock will be placed around the base of the pylon sign. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit for a pylon sign. The sign will be 27 ft tall with an overall face of 96.73 sq. ft. The proposed sign appears to generally satisfy ordinance standards other than a slight modification in the height. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for a pylon sign located at 3085 Justice Way. If approved the following conditions shall apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The height of the sign shall be a maximum of 27 feet. 3. A Building Permit, with engineered drawings, is required prior to installation of the new sign. Planning Report — Bennerotte & Assoc. August 26, 2014 Paee 4 4. An administrative Sign Permit is required prior to installation of the new sign. 5. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit received July 30, 2014. 6. The pylon sign shall comply with all Sign Code requirements. 7. The sign exhibit shall be revised to correct the pylon sign square footage to be 96.73 sq. ft. 8. The brick on the pylon pole shall match the brick of the principal building located upon the same property. C R 7`W 37, m ew- . . . . . . .... xw Ok� Age., dr try 'v Ul "Am 9.6� -A if -- A 0 i qg W-11 1 F-4 OR 'Z I i <1Z a) a) C) LO CD —M C) M 2il C: C O. (L) 0 W 0 C) C\j a; p 0 CL o) '0 .02 CL M E 0 N .0 L 0 0 0 0 08 .2 AQR U) 0 L- Q co co a) No quo uj 3P o p %°i3 -KIR s," °ao o9 g w s W i 5eP- �r Ng h eN9 U dpi 7E o j oo °ro z h Ba cg °� €ph es i °goo =loos e o a a�ke¢ "a w p a§ C Em Ei 6 s °e g - 36 43 ?„fib n�nnxmns aa� x °g Y<II< I II s� I f s (£'ZZS - 3 ,SZ,60 °00 S = 4330) i F-_._ ' f g mi ° 60'8lS z m° a s �? C �" nml aM s3 z 6 In °w N o JH `I i i ! °I m 61 I � 5' U in 9, O o II — 1 ryl,zy <� :. — WHO w € LLJ 1 = z - - 1 I• 1 C7 ea 3 y u I W ea � � B6'aIZ rya 1 =1 w w o e_3 - -- -o -9 ---- �' - - - - - - -- � e,= - o'F_,50__ `�b�a a M' �v. OJ e to z z f ia� L rn Cn 0 b KKKK 1 I co V • I ?e - I a �° I n I ki �� b - 20'' OH 1 e I - © I ag - -- 1 I f b -- _ 6Z'SSf I T (OS'S44 - ,SZ,60 °00 N = 0330) Qv 9 OL WU OL t—u Z u CL c6 IQ Lu y ax cs tu O :2f IJ LLI Mh "Ak� Z Ln IC ITJ z m < u Z N ,n Z O C= LU uj uj ITJ z m < u Z N ,n Z O C= LU uj i JACOBSON Engineers - Surveyors 21029 Heron Way Lakeville, MN 55044 Phone (952) 469 -4328 Fax (952) 469 -4624 F -Mail: grant.j@engrsurv.com To: City of Eagan Attn: Planning Department From: Grant D. Jacobson, P.E., P.L.S. Date: July 16, 2014 Re: Sign - Narrative for Conditional Use Permit 3085 Justice Way Tom Bennerotte with Bennerotte & Associates is proposing a pylon sign to be erected at the proposed building site at the address noted above. The site is currently under construction. The proposed sign will be a pylon sign (plans attached) that will be located at the southeast corner of the new parking lot. The sign will be 14.5 feet from the property line and approximately 27 feet high. The property is zoned limited business. This has been recently rezoned. Adjoining parcels to the east and north are zoned agricultural. The parcel to the west is zoned limited business. . Erection of the proposed sign is scheduled for later summer to early fall. If you have any questions, please contact me. RECEIVED JUL 16 2..Q14 Agenda Information Memo September 2, 2014, Eagan City Council Meeting NEW BUSINESS B. Certification of the preliminary 2015 budget and property tax levy, and setting of public meeting date on which the budget and levy will be discussed. Actions To Be Considered: • To approve the preliminary payable 2015 property tax levy as follows: Operating (tax capacity- based) $ 23,761,100 Capital (tax capacity- based) 5,134,809 Debt service (tax capacity- based) 204,276 Community Center debt service (market value- based) 1,120,928 Total levy $ 30,221,113 • To approve the preliminary 2015 General Fund budget, including contingency, of $ 31,236,900 • To set the date for the public hearing of the 2015 levy and budget as December 2. To make the following announcement: o "The next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 2 at 6:30 p.m., right here in the Council Chambers. The public will be allowed to speak at this meeting." Facts: ➢ The City Council is required by law to certify the proposed payable 2015 budget and property tax levy on or before September 30. The levy can be subsequently decreased, but not increased. ➢ The City Council is also required to announce the date and time of the next regularly scheduled meeting at which the budget and levy will be discussed. The law also requires the Council to announce that the public will be allowed to speak at these meetings. ➢ The City Council reviewed the 2015 General Fund budget at the August 11 special meeting. The budget presented at the workshop was a 3.6% increase over 2014. The budget is balanced and no appropriation of fund balance reserves is required. No changes have been made to the budget subsequent to the August 11 meeting. ➢ The proposed levy is 3.9% higher than the 2014 levy. The Eagan portion of the property tax on the average value home in 2015 ($247,534) is estimated to be $888 —an increase of $48 from the 2014 amount of $840 on the 2014 average value home ($226,162). ➢ The City's tax capacity rate is estimated to decrease from 38.302% to 36.499 %, the function of a 4.5% increase in tax capacity -based net local levy, and a 9.5% increase in local tax capacity due to higher property values. ➢ Both the budget and levy will be reviewed, with public input received, at the December 2 meeting. We have confirmed that this meeting will not conflict with the Dakota County's Truth -in- Taxation (TNT) public hearing. ➢ The County will use this preliminary certification information in preparing Truth -in- Taxation (TnT) notices to be mailed in November. ➢ The County has again advised the City of the option to include a very basic insert with the TnT notices. Due to the inherent limitations, the City historically has not prepared an insert and none is contemplated for this year unless otherwise directed by the City Council. Attachments: (1) NBB -1 The preliminary 2015 General Fund expenditures budget summary 2015 Comparative Summary of Expenditures General Fund Budget 2014 .2015 Difference PUBLIC SAFETY 11 Police Budget Budget $ % GENERAL GOVERNMENT Fire 2,489,200 2,715,300 226,100 01 Mayor & Council $ 149,900 $ 148,400 $ (1,500) -1.0% 02 Administration 527,300 548,800 21,500 4.1% 03 Information Technologies 1,463,700 1,608,700 145,000 9.9% 04 City Clerk 339,300 242,300 (97,000) -28.6% 05 Finance 826,400 847,700 21,300 2.6% 06 Legal 388,900 393,900 5,000 1.3% 07 Comm Dev-- Planning 1,015,100 1,036,100 21,000 2.1% 08 Comm Dev -- Inspections 1,216,400 1,216,900 500 0.0% 09 Communications 525,300 546,300 21,000 4.0% 10 Human Resources 298,600 317,300 18,700 6.3% Parks & Rec Total Gen Govt Total 6,750,900 6,906,400 155,500 2.3% PUBLIC SAFETY 11 Police 11,804,400 12,275,400 471,000 4.0% 12 Fire 2,489,200 2,715,300 226,100 9.1% 40,000 Public Safety Total 14,293,600 14,990,700 697,100 4.9% PUBLIC WORKS 3.6% 21 Public Works /Engineering 1,184,400 1,216,800 32,400 2.7% 22 Streets & Highways 1,811,700 1,886,000 74,300 4.1% 24 Central Svices. Maint. 600,700 617,200 16,500 2.7% Public Works Total 3,596,800 3,720,000 123,200 3.4% PARKS & RECREATION 30 Recreation 2,175,100 2,199,000 23,900 1.1% 31 Parks 2,029,300 2,071,300 42,000 2.1% 32 Tree Conservation 523,900 533,400 9,500 1.8% Parks & Rec Total 4,728,300 4,803,700 75,400 1.6% GENL GOVT BLDG MAINT 33 Government Buildings 705,000 776,100 71,100 10.1% Subtotal 30,074,600 31,196,900 1,122,300 3.7% 41 Contingency -- Undesignated 70,800 40,000 (30,800) -43.5% General Fund Total $ 30,145,400 $ 31,236,900 $ 1,091,500 3.6% AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 2, 2014 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Amendment to Ramp Operating Agreement with Paragon Outlet Partners in reference to the MHC hotel site 3. APPROVE Amendment of EDA Property Covenants, Conditions and Restrictions for the Cedar Grove Parking Garage relative to the subdivision of the property for the proposed MHC Properties hotel development 4. SCHEDULE Public Hearing to Consider the Sale of Property in the Cedar Grove Redevelopment District to Ryland Homes D. OLD BUSINESS E. NEW BUSINESS f�om .1_?133IMP1*11 G. ADJOURN Agenda Information Memo September 2, 2014 Eagan Economic Development Authority Meeting NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES EDAC -1 Minutes of the August 4, 2014 EDA meeting. 2. APPROVE AMENDMENT TO RAMP OPERATING AGREEMENT WITH PARAGON OUTLET PARTNERS IN REFERENCE TO THE MHC HOTEL SITE — Under the Ramp Operating Agreement, Paragon Outlet Partners participates in the ongoing maintenance and operations costs of the Cedar Grove Parking Garage on a proportionate basis to the number of stalls the outlet center has rights to use through the easement agreement between the EDA and Paragon. The agreement contemplates proportionate participation in those costs by other users of the parking garage as they acquire and develop property adjacent to the garage and the agreement needs to be amended as each new user assumes similar rights and responsibilities. As part of the preparation for Morrissey Hospitality Companies to acquire and develop the Hilton Home2 site, the necessary amendment has been prepared and reviewed by Paragon and MHC representatives. If executed copies are received in time for Tuesday's meeting, this item will be in order at that time. Copies of the amendment are available upon request. 3. APPROVE AMENDMENT OF EDA PROPERTY COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE CEDAR GROVE PARKING GARAGE RELATIVE TO THE SUBDIVISION OF THE PROPERTY FOR THE PROPOSED MHC PROPERTIES HOTEL DEVELOPMENT — As with the item above, the document covering the covenants, conditions and restrictions for the Cedar Grove Parking Garage was intended to be updated when additional development, such as the subdivision related to the Hilton Home2 project, would occur. The necessary amendment has been prepared and reviewed by Paragon and MHC representatives. If executed copies are received in time for Tuesday's meeting, this item also will be in order at that time. Copies of the amendment are available upon request. 4. SCHEDULE PUBLIC HEARING TO CONSIDER THE SALE OF PROPERTY IN THE CEDAR GROVE REDEVELOPMENT DISTRICT TO RYLAND HOMES ON SEPTEMBER 16, 2014 — At its meeting of August 4, 2014, the EDA approved a concept plan for Ryland Homes to develop a 50 row -home project on two EDA owned parcels in the Cedar Grove Redevelopment District and directed the preparation of a purchase agreement in that regard. Staff and the City Attorney have proceeded with negotiation of the purchase agreement for the proposed sale of property to Ryland and it has been executed by the buyer. In order to formally consider the sale of publicly owned property for private use, the EDA must hold a public hearing in its regard. This action would set the hearing and the purchase agreement would be made available at that time. Copies of the agreement are available upon request. Agenda Information Memo September 2, 2014 Eagan Economic Development Authority Meeting F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 4, 2014 A meeting of the Eagan Economic Development Authority was held on Monday, August 4, 2014 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, and Commissioner Hansen. Commissioner Tilley was absent. Also present were Executive Director Osberg, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye:4 Nay:0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of July 15, 2014 - EDA meeting. 2. It was recommended to approve an amendment of MHC Cedar Grove LLC Purchase Agreement to extend the date for closing. There was no Old Business. OLD BUSINESS NEW BUSINESS CONCEPT PLAN REVIEW FOR RYLAND HOMES PROPOSAL FOR TRIANGLE AND GOLD TRAIL PARCELS IN CEDAR GROVE REDEVELOPMENT DISTRICT Community Development Director Hohenstein noted the parcels that are being considered for sale are the Triangle parcel and Gold Trail parcel. It is being proposed to approach both parcels together to bookend the redevelopment area. Hohenstein provided a staff report. Michael Ramme, The Ryland Group, Inc., gave a presentation of the proposed concept plan and was available for questions. The Council discussed the proposed concept plan. Councilmember Fields noted the need for additional parking for visitors. Ramme noted that would be very important to their residents and will look in to it. Mayor Maguire asked if the concept plan reflected the Cedar Grove architectural standards on the finishes that were being considered. Ramme noted they felt confident they will be able to fit in with City standards. The Mayor noted with future plans to develop Outlots A & B, how Ryland will handle the change in that intensity use. Ramme responded they have taken that into consideration and will be using sound absorbing materials. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Commissioner Fields moved, Commissioner Hansen seconded a motion to approve the Ryland Group, Inc. Preliminary Redevelopment Concept Plan dated July 22, 2014 for the redevelopment of the Triangle and Gold Trail parcels in the Cedar Grove Redevelopment District. Aye: 4 Nay: 0 Commissioner Fields moved, Commissioner Hansen seconded a motion to direct the preparation of a preliminary real estate purchase agreement between the Eagan EDA and The Ryland Group, Inc. for the area defined by the Preliminary Concept Plan to be considered at a future EDA meeting. Aye: 4 Nay: 0 There was no Other Business. OTHER BUSINESS ADJOURNMENT Commissioner Fields moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 4 Nay: 0 Date David M. Osberg, Executive Director