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04/21/2015 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING APRIL 21, 2015 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. APPROVE a resolution to Proclaim May 9 as Arbor Day and the Month of May 2015 as Arbor Day Month in the City Of Eagan F. APPROVE Final Planned Development for Hilton Home2 G. APPROVE a Joint Powers Agreement with Dakota County for Project 1173 (2015 Citywide Trail Improvements - County Project No.'s 28-54, 30-30, 43-44) H. ACCEPT Public Improvement from Metropolitan Council — Environmental Services (Utility Casing) I. APPROVE Final Payment, Contract 14-07 (Wells 10, 20, and 21— Rehabilitation) J. RECEIVE Petition to Vacate Public Easements, Unisys Park and Unisys Park 2nd Additions, and Schedule Public Hearing for May 19, 2015 K. APPROVE Plans and Specifications for Contract 15-04, Sperry Tower Recommissioning, and Authorize Advertisement for a Bid Opening on, May 21, 2015 L. APPROVE a Resolution to Accept Donations for Upcoming 2015 Events from Multiple Partners M. APPROVE Lease Agreement with Verizon Wireless - Rahn Park N. APPROVE a Professional Services Agreement with CNH Architects 0. APPROVE On -Sale 3.2 Percent Malt Liquor (Beer), Wine and Sunday Wine License for IGH Development, LLC doing business as Italian Pie Shoppe & Winery, 1438 Yankee Doodle Road V. PUBLIC HEARINGS VI. OLD BUSINESS A. ORDINANCE AMENDMENT—An Ordinance Amendment to City Code Chapter 6.38 regarding Kennel License requirements VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION and VARIANCE — Preusse 3rd Addition - a Preliminary Subdivision to create two lots and a Variance to the side yard setback located at 4131 & 4141 Old Sibley Memorial Highway VIII. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPTAGENDA C. CONSENTAGENDA 1. APPROVE EDA Minutes 2. APPROVE Third Amendment to Sale and Purchase Agreement for MHC Cedar Grove LLC for Hotel Project D. NEW BUSINESS E. 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 40� City of Eagan Wo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: APRIL 17, 2015 SUBJECT: AGENDA INFORMATION FOR APRIL 21, 2015 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 21, 2015 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 21, 2015 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 April 7, 2015 regular Council and April 14, 2015 Special Council meeting as presented or modified. Attachments: (2) CA -1 April 7, 2015 Minutes CA -2 April 14, 2015 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota APRIL 7, 2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, April 7, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of March 10, 2015 Special City Council meeting, and March 17, 2015 regular City Council meeting. B. 1. It was recommended to approve City Policy revision to the Employee Handbook, Section 16.2.1 regarding Personal Leaves of Absence. 2. It was recommended to approve City Policy revision to the Employee Handbook, Section 22.2 regarding Tuition Reimbursement eligibility. 3. It was recommended to accept the resignation of Thomas Schellinger, Full Time Temporary Fire Captain and authorize appointment of a Full Time Temporary/Acting Fire Captain, to be named. 4. It was recommended upon the appointment of the new Full Time Temporary/Acting Fire Captain, to authorize the appointment of a Full Time Acting Fire Fighter to fulfill the obligations of the vacant position created by the promoted Fire Captain. 5. It was recommended to approve the termination of Parks Maintenance Worker, Alexander Lamers. 6. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve the check registers dated March 13, 20, and 27, 2015. D. It was recommended to approve the ordinary and customary contracts. E. It was recommended to set the interest rate for special assessments levied in 2015 at 4.0% City Council Meeting Minutes April 7, 2015 2 page F. It was recommended to approve the Utility Account Discrepancy Policy. G. It was recommended to approve a Request for Proposals (RFP) for Legal Services (General Legal, Prosecution, and Labor Services). H. It was recommended to approve Plans & Specifications, Contract 15-10 (Old Town Hall Repairs and Renovation) and Authorize Advertisement of Bids. I. It was recommended to approve a resolution adopting and authorizing publication of the summary ordinance for Ordinance No. 540. J. It was recommended to approve a temporary on -sale Liquor license for the Twin Cities Good Time Softball League's North Star Classic on May 23-24, 2015 at 980 Northview Park Road. K. It was recommended to approve two temporary on -sale 3.2 percent malt liquor (beer) licenses and waive the license fees for all Saints Lutheran Church's Community Gatherings on April 29, 2015 and August 5, 2015 at 3810 Lexington Avenue South. L. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge's Christian Arts Festival on April 16 and 18, 2015 at 601 River Ridge Parkway. M. It was recommended to receive the bids for Contract 15-01 (2015 Citywide Street Improvements) and award a contract to Hardrives, Inc. for the base bid in the amount of $1,589,072.44, and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to receive the bids for Contract 15-02 (2015 Citywide Street Improvements) and award a contract to Hardrives, Inc. for the base bid, and alternate bid, in the total amount of $1,475,266.59, and authorize the Mayor and City Clerk to execute all related documents. 0. It was recommended to receive the bids for Contract 15-03 (Pond Sediment Removal and Outlet Improvements — Storm Sewer/Water Quality Improvements) and award a contract to Minnesota Dirt Works Inc., for the base bid in the amount of $88,190.35, and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve the plans and specifications for Contract 15-09 (2015 Trail and Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, May 14, 2015. Q. It was recommended to approve a Joint Powers Agreement with the Dakota County Transportation Department for Project 1174 (Yankee Doodle Road/Promenade Avenue/O'Leary Lane — Intersection Improvements), approve said plans and specifications, and authorize the advertisement for a bid opening by Dakota County and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the designation of existing street segments on the City of Eagan's Municipal State Aid (MSA) roadway system. S. It was recommended to approve authorization for the preparation of detailed plans and specifications for Project 1186 (Well No. 22 Central Park Commons — Well Development). T. Item was removed. U. It was recommended to approve an increase of $40,000 to the 2015 General Fund Budget to address additional expenses related to the Emerald Ash Borer (EAB) infestation and authorize the Mayor and City Clerk to execute all related documents. V. It was recommended to approve an increase of $125,000 to the 2015 Water System Renewal and Replacement (Fund 1121) budget to address expenses related to the restoration of Well No. 3 and authorize the Mayor and City Clerk to execute all related documents. City Council Meeting Minutes April 7, 2015 3 page W. It was recommended to approve an increase of $50,000 to the 2015 Eagan Community Center Fund budget to address additional expenses related to the construction of the proposed parking lot and trail expansion and authorize the Mayor and City Clerk to execute all related documents. X. It was recommended to approve the final payment for Contract 13-05 (Cedar Grove Parking Garage) in the amount of $193,726.00 to PCL Construction Services, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Y. It was recommended to authorize a modification to the 2015 Renewal and Replacement budget by increasing it by $7,000 and changing the purchase of new chairs for the Police Emergency Operations Center to the purchase of new visitor chairs for the Council Chambers. Z. It was recommended to adopt a resolution accepting a $2,000 donation from the Eagan Lion's Club that will be used to reimburse the City for expenses related to the Police Department's 50th anniversary celebration. AA. It was recommended to adopt a resolution approving an Exempt Permit for the Red Pine Elementary Parent Teacher Organization to conduct a raffle on May 7, 2015 at 530 Red Pine Lane. BB. It was recommended to adopt a resolution approving a Premise Permit for the Eagan High School Football Booster Club to conduct lawful gambling at Cooper's Restaurant and Bar, 1485 South Robert Trail. PUBLIC HEARINGS Beau D Rue Drive Plat Easement Vacation City Administrator Osberg introduced the item noting this is the first of two public hearings related to development by Ryland Homes in the Cedar Grove Redevelopment Area, the first being upon Lot 1, Block 1, Lot 2, Block 2, and Outlot A within the Beau D Rue Drive Plat allowing for the vacation of public drainage and utility easements. Public Works Director Matthys gave a staff report noting the site is located south of Cedar Grove Parkway and east of Nicols Road in northwest Eagan. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the Public Hearing to vacate public drainage and utility easements on Lot 1, Block 1, Lot 2, Block 1, and Outlot A within the Beau D Rue Drive Plat, and continue action to coincide with future City Council consideration of the Cedar Grove Townhomes 1St Addition final plat and subdivision. Aye: 5 Nay: 0 Leibel Addition Easement Vacation Public Works Directory Matthys introduced the item noting Ryland Homes is also requesting the vacation of existing drainage and utility easements on Lot 1, Block 1, Leibel Addition, located south of Gold Trail and west of Cedar Grove Parkway in northwest Eagan. City Council Meeting Minutes April 7, 2015 4 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the Public Hearing to vacate public drainage and utility easements on Lot 1, Block 1, Leibel Addition, and continue action to coincide with future City Council consideration of the Cedar Grove Townhomes 2nd Addition final plat and subdivision. Aye: 5 Nay: 0 Consider Minnesota Investment Fund Application and Agreement for DataBanlc Holdings LP for the Property Located at 3255 Neil Armstrong Boulevard City Administrator Osberg introduced the item noting on June 17, 2014, the Council authorized staff to proceed with the submittal of applications related to DataBank LLC submitting a Business Financing Application to the City of Eagan for consideration of actions pertaining to a forgivable loan from the DEED Minnesota Investment Fund, a grant from the DEED Jobs Creation Fund and the formation of a twenty year Tax Abatement District for financing of the DataBank project. Osberg noted as an outcome of those discussions, the project qualifies for MIF funding of up to $135,000. Community Development Director Hohenstein was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a resolution authorizing and approving a Minnesota Department of Employment and Economic Development Minnesota Investment Fund application, grant agreement and forgivable loan for $135,000 for DataBank Holdings, LP. Aye: 5 Nay: 0 OLD BUSINESS Ordinance Amendment — An Ordinance Amendment to City Code Chapter 6.34 Regarding the sale of Tobacco and Electronic Delivery Devices City Administrator Osberg introduced the item noting during the last legislative session, a law was enacted that requires retailers to sell the liquid used in electronic cigarettes in child -safe packaging. The requirement went into effect on January 1, 2015. Osberg noted at its March 3, 2015 meeting, the Council directed preparation of an ordinance amendment regarding the child -safe packaging requirements for electronic cigarette liquid. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to City Code Chapter 6.34 regarding the sale of tobacco and electronic delivery devices. Aye:5 Nay:O City Council Meeting Minutes April 7, 2015 5 page Comprehensive Guide Plan Amendment — Nichols Park, LLC City Administrator Osberg introduced the item noting at the January 20, 2015 meeting, Council continued the item to the March 10, 2015 Council Work Session in order to gather more background information on marketing and previous development approaches. At the March 10, 2015 Council Work Session, the Council directed the amendment request to the April 7, 2015 regular City Council meeting. City Planner Ridley gave a staff report and was available for questions. The applicant, Steve Liefschultz, gave a brief overview of the request and was available for questions. Mayor Maguire opened the public comment. Jody Iverson, 4226 Meghan Lane, addressed the Council with her concerns regarding rezoning the property from Retail Commercial to High Density and additional traffic on Nicols Road. Andrea Perrier, resident, Roy Johnson, BP Owner, and Earl Johnson property owner, each addressed the Council stating their support of the development. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the amendment. Councilmember Hansen moved, Mayor Maguire seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from RC (Retail Commercial) to HD (High Density) upon approximately 8 acres generally located at the SW corner of Nichols Road and Diffley Road. Aye: 3 Nay: 2 (Bakken and Fields opposed) NEW BUSINESS Planned Development Amendment — Toppers Pizza (Brad Vinton) City Administrator Osberg introduced the item noting the Council is being asked to approve a Planned Development Amendment to allow delivery service until 3:00 a.m. within in a multi -tenant building located at 4250 Lexington Avenue. City Planner Ridley gave a staff report. The applicant, Brad Vinton, was available for questions. Mayor Maguire opened the public comment. Claudia Danner, 1004 Coneflower Court, addressed the Council with her concerns regarding the business being open until 3:00 a.m. There being no further public comment, he turned the discussion back to the Council. The Council discussed the amendment. After further discussion it was the consensus of the Council to add a condition restricting no pick-up service after 1:00 a.m. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow delivery services until 3:00 a.m. within 200 feet of residential property in a multi -tenant building located at 4250 Lexington Avenue, subject to the following conditions: Aye:5 Nay:0 City Council Meeting Minutes April 7, 2015 6 page An amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. All delivery drivers shall use the exit on the west side of the retail space. Customer pick-up service shall not be allowed between 1:00 a.m. and 7:00 a.m. Planned Development Amendment (1579 Cliff Road) — Holiday Stationstores City Administrator Osberg introduced the item noting the Council is being asked to approve a Planned Development Amendment to allow outdoor storage of a freezer, exterior merchandise and maintenance equipment within a screen wall, for property located at 1579 Cliff Road. City Planner Ridley gave a staff report. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the amendment. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment to allow outdoor storage of a freezer, exterior merchandise and maintenance equipment within a screen wall, for property located at 1579 Cliff Road, subject to the following conditions: Aye:5 Nay:0 1. An amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The screen wall shall be constructed of brick, utilizing materials to match the existing building, and fully screen the materials and equipment inside. 3. The service door shall be painted to match the color of the building. 4. Building address numbers shall be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. VISITORS TO BE HEARD Mr. Avery Hildebrand, introduced himself to the City Council as the Community Coordinator for Eagan and Dakota County with Conservation Minnesota noting they have over 1,300 members in Eagan. City Council Meeting Minutes April 7, 2015 7 page ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:55 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk MINUTES SPECIAL CITY COUNCIL MEETING APRIL 14, 2015 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. City staff present: City Administrator Osberg and Assistant City Administrator Miller ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. DISCUSS 2015 COMMUNITY VISIONING Rebecca Ryan with Next Generation Consulting joined the Council via Skype to discuss the City's 2015 community visioning project. INTERVIEW ADVISORY COMMISSION APPLICANTS The City Council interviewed 15 applicants for the various openings on the Advisory Planning Commission, Advisory Parks and Recreation Commission, Airport Relations Commission, and Energy and Environment Advisory Commission. It was noted that 10 incumbents reapplied of which 8 who have taken the option not to interview but participated in a survey about their experiences to date on their respective commissions; 2 elected to interview. Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:39 p.m. Aye: 4 Nay: 0 Date Mayor Clerk Agenda Information Memo April 21, 2015 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items Item 1 Action to be Considered: Authorize hiring of Cole Barta, Parks Maintenance Worker to replace the vacancy recognized at the April 7, 2015 City Council meeting. Item 2 Action to be Considered: Authorize hiring of a Part Time Clerical Technician 4, to be named. This position was approved in the 2015 budget. Item 3 Action to be Considered: Authorize hiring of a Full Time Human Resources Generalist, to be named. This replaces the vacant position which the City Council recognized on March 3, 2015. Item 4 Action to be Considered: To officially designate Executive Assistant Cheryl Stevenson as a Deputy City Clerk. Facts:  To ensure timely execution of official documents when the City Clerk is out of the office, it is appropriate to designate an additional employee as a Deputy City Clerk. Item 5 Action to be considered: Approve the hiring of the following seasonal employees: Josh Biermeier – Park Maintenance Walter Doeffler – Park Maintenance Michael Hemmingson – Park Maintenance David Jungers – Park Maintenance Jeffery O’Donnell – Park Maintenance Daniel Piatz – Park Maintenance Justin Schoenecker – Park Maintenance Blake Selvestra – Park Maintenance Kevin Sturgeleski – Forestry Informatives: Temporary Full Time Fire Captain: Dale Stein Temporary Full Time Fire Fighter: Kevin Kiewatt  City Council approved hiring for these positions on April 7, 2015 Agenda Information Memo April 21, 2015 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated April 3 and 10, 2015 as presented. Attachments: (2) CC -1 Check register dated April 3, 2015 CC -2 Check register dated April 10, 2015 Agenda Information Memo April 21, 2015, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts: ➢ The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved: ➢ Entertainment contracts for the Holz Farm Spring Festival: o Mary Gohman o Czech Area Concertina o Eagan's Men's Chorus ➢ Entertainment contracts for Holz Farm Lone Oak Days: o Mary Gohman o Roe Family Singers ➢ Contract with Springboard for the Arts for two artist workshops at the Eagan Art House. Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo April 21, 2015, Eagan City Council Meeting CONSENT AGENDA E. Approve A Resolution To Proclaim May 9 As Arbor Day And The Month Of May 2015 As Arbor Day Month In The City Of Eagan. Action To Be Considered: To acknowledge Eagan as the recipient of the 2014 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Wednesday, May 9 as Arbor Day and May 2015 as Arbor Month in the City of Eagan. Facts: ➢ Eagan has received the Tree City USA community designation from the National Arbor Day Foundation for the 28th consecutive year. Each year the Parks and Recreation Department conducts an Arbor Day program which includes participation in a tree planting project. This year the 29th annual event will be held at the Central Maintenance Facility. ➢ Recognition as a Tree City is based on efforts by the City to promote tree planting in the community and the resolution demonstrates that effort. ➢ To become a Tree City, a community must meet four standards: a tree board or department, a tree care ordinance, a comprehensive community forestry program, and an Arbor Day observance. ➢ Eagan has demonstrated progress in the following forestry activities: Publications, parks and open space, and improved ordinance. ➢ Receiving these awards acknowledges the City's efforts to minimize environmental impact during developments, and adhere to policies such as "Forever Green," aimed to maintain and enhance Eagan's trees and foliage. ➢ This year's Arbor Day Celebration will be held at the Central Maintenance Facility along with the bi-annual tree sale. Scheduled Activities: 8:00 a.m. — Noon Public Tree Sale 8:00 a.m. — Noon Forestry Informational Booth open; visit with Eagan Forestry Staff 10:30 a.m. —11:00 a.m. Arbor Day Poster Program o Recognition of 2014 Poster Contest winner o Announcement of the 2015 Poster Contest winners 11:15 a.m. Arbor Day Tree Planting Project; a tree donated by Dakota Electric Association will be planted on the north lawn. 12:30 p.m. Program ends — Thank you for coming Attachments: (2) CE -1 Resolution CE -2 Invitation to Event CITY OF EAGAN RESOLUTION A PROCLAMATION OF EAGAN ARBOR DAY AND EAGAN ARBOR MONTH WHEREAS, trees are a most valuable resource in the State of Minnesota and City of Eagan — purifying our air and water, helping conserve our soil, serving as a recreational settings, providing habitat for wildlife for all kinds, and enriching our lives in so many important ways; and WHEREAS, pollutants, tree diseases and urban expansion have damaged and continue to threaten our trees, creating the need for reforestation programs and concerted public action toward ensuring the future of out City's urban forests; and WHEREAS, each year the people of Minnesota pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees; and WHEREAS, The City of Eagan has been recognized as a Tree City USA community by the National Arbor Day Foundation since 1988 and desires to continue its tree -planting programs; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim Wednesday, May 9, 2015 to be ARBOR DAY and the month of May 2015 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well-being of our community; and to participate in City tree planting programs which will ensure a greener place for our citizens to live in the decades to come. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Cleric CERTIFICATION I, Christina M. Seipioni, City Cleric of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 21st day of April, 2015. City Clerk My of Eap . THEEKIM)SA, Celebrate Arbor Day! 29111 ANNUAL ARBOR DAY CELEBRATI®N TO BE HELD AT THE Eagan Maintenance Facility 3501 Coachman Paint, Eagan, MN 55122 SATURDAY -- May 9, 2015 PUBLIC TREE SALE BE, AT 8:00 A.M. POSTER CONTEST ANNOUNCEMENTS AT 10:30 A.M. You are invited to join with the City of Eagan as we celebrate Arbor Day on Saturday, May 9, 2015 at the Eagan Maintenance Facility. Arbor Day has been celebrated in Eagan since 1987 and was established nationally to emphasize the importance of trees and community reforestation. This year's Arbor Day celebration will be held in conjunction with the biennial Public Tree Sale. A fiill list of scheduled activities is below, which includes the announcement of the 3rd grade Arbor Day poster contest winners and recognition of the reigning Arbor Day poster contest winger. This year's poster theme is once again Emerald Ash Borer Management. The theme is especially timely this year because on December 23, 2014, emerald ash borer was documented inside the City of Eagan. The Arbor Day celebration will be a great chance to learn more about this potentially devastating tree pest. Free Arbor Day seedlings will be available to all partlelDants! Scheduled Activities: 8;00 a.m. -- Noon Public Tree Sale; pre -ordered trees are picked up by Eagan residents 8;00 a.m. — Noon Forestry Informational Booth open; visit with Tree Care Advisors 10:30 a.nx. —11:00 a.m. Arbor Day Poster Program - Recognition of 2014 Poster Contest winner - Announcement of the 2015 Poster Contest winners For 'further information or to volunteer for planting, please contact the Division of Forestry at (651) 675-5300. Thank you! Paul Olson _ regg Hove Superintendent of Parks Supervisor of Forester Agenda Information Memo April 21, 2015, Eagan City Council Meeting CONSENT AGENDA F. Approve Final Planned Development for Hilton Home2 — Morrissey Hospitality Action To Be Considered: To approve a Final Planned Development for a four-story hotel located at 3939 Cedar Grove Parkway (Lot 1, Block 1, Cedar Grove Parkway 4th Addition). Facts: ➢ The Preliminary PD and Preliminary Subdivision were approved April 16, 2014. ➢ The Final Subdivision was approved October 7, 2014, and the plat has been recorded. ➢ The final development plans have been reviewed by staff and are consistent with the preliminary approvals. ➢ All documents and agreements are anticipated to be in order for execution at the City Council meeting on April 21, 2015. Issues: None Attachments: (1) CF -1 Location Map Cl) 0 0 (V O N 0 C U v Y m ; m Lo JLF Mal r F4 ■® G4 c� 0 Cl) 0 0 (V O N 0 C U v Y m ; m Lo JLF Mal r F4 I 2 .r t3 3NHl a301H ;m �PHP1 ROAD l t i Cl) 0 0 (V O N 0 C U v Y m ; m Lo JLF ` �.�a ®� ® � ®► ON ® MINI®®®�®, Mal I ` �.�a ®� ® � ®► ON ® MINI®®®�®, Agenda Information Memo April 21, 2015 Eagan City Council Meeting CONSENT AGENDA G. Project 1173, 2015 Citywide Trail & Parking Lot Improvements Joint Powers Agreement Action To Be Considered: Approve the Joint Powers Agreement with the Dakota County Transportation Department for Project 1173 (2015 Citywide Trail and Parking Lot Improvements) within County right-of-way in the City of Eagan and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Trail overlay improvements along various collector streets and County highways are programmed in the City of Eagan's 5 -Year Capital Improvement Program (2015-2019 CIP) and Dakota County's 5 -Year CIP. The improvements consist of trail overlays and reconstruction, including the installation of Americans with Disabilities Act (ADA) compliant pedestrian ramps. ➢ The City is the lead agency for the design and construction management of the trail improvements that are estimated to cost $326,000. ➢ As set forth in the agreement, the City's financial responsibility for the construction of the trail improvements will be 45% ($147,000), with Dakota County financing the remaining 55% ($179,000). The Major Street Fund will finance the City's share of the costs. ➢ The agreement has been reviewed by the City Attorney and Public Works Department and was found to be similar to other cost participation and cooperative construction agreements with Dakota County and in order for favorable Council action. Attachments (1) CG -1 Joint Powers Agreement Dakota County Contract C0026627 JOINT POWERS AGREEMENT FOR ENGINEERING AND TRAIL CONSTRUCTION / OVERLAY BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF EAGAN FOR COUNTY PROJECT NOs. 28-54,30-30,43-44 CITY PROJECT NUMBER 1173 SYNOPSIS: Dakota County and the City of Eagan agree to construct a new bituminous trail on the south side of County State Aid Highway (CSAH) 28 (Yankee Doodle Road) from Denmark Avenue to 350 feet east of O'Leary Lane (CP 28-54); to overlay the bituminous trail on the north and south side of CSAH 30 (Diffley Road) from Interstate 35 E to CSAH 31 (Pilot Knob Road) (CP 30- 30); and to overlay the bituminous trail on the east side of CSAH 43 (Lexington Avenue) from 230 feet south of CSAH 26 (Lone Oak Road) to 1, 400 north of CSAH 26 (Lone Oak Road) (CP 43-44) in Eagan, Dakota County. Dakota County Contract No. C0026627 March 20, 2015 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as the "County", and the City of Eagan, referred to in this Agreement as the "City", and witnesses the following: WHEREAS, under Minnesota Statutes Sections 162.17, subd. 1 and 471,59, subd. 1, two governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to construct a new bituminous trail on the south side of County State Aid Highway (CSAH) 28 (Yankee Doodle Road) from Denmark Avenue to 350 feet east of O'Leary Lane (CP 28-54); to overlay the bituminous trail on the north and south side of CSAH 30 (Diffley Road) from Interstate 35 E to CSAH 31 (Pilot Knob Road) (CP 30- 30); and to overlay the bituminous trail on the east side of CSAH 43 (Lexington Avenue) from 230 feet south of CSAH 26 (Lone Oak Road) to 1,400 north of CSAH 26 (Lone Oak Road) (CP 43-44) in Eagan, Dakota County; and WHEREAS, the County and the City have included these projects in their Capital Improvement Programs to share project responsibilities. NOW, THEREFORE, it is agreed the County and City will share project responsibilities and jointly participate in the project costs associated with the overlay of the bituminous bikeway trails as described in the following sections: 1. Engineering Costs. The costs related to design engineering, construction engineering, construction management, construction inspection and all related materials testing shall be shared in the amount of fifty-five percent (55%) by the County and forty-five percent (45%) by the City. See Section 2 for assignment of engineering and administrative responsibilities. 2. Plans, Specifications and Award of Contract. The City will prepare plans and specifications consistent with County design practices, State -Aid design standards, the Dakota County Transportation Plan, and the City's utility standards and specifications. County concurrence with the plans and specifications is required prior to advertising for bids. The City Council will award the contract for reconstruction/overlay of the bituminous bikeway trail to the lowest responsive and responsible bidder in accordance with state law. 3. Bituminous Bikeway Trail Construction Costs. Construction costs for the following items shall be shared in the amount of fifty-five percent (55%) by the County and forty-five percent (45%) by the City: a. Removal and salvage items b. Grading items 2 Dakota County Contract No. C0026627 March 20, 2015 c. Aggregate base d. Bituminous paving e. Turf establishment f. Repairing driveways g. Manhole and gate valve adjustments h. Mobilization. 4. Estimated Costs. It is estimated that the cost of overlaying the bituminous trails, including engineering costs as defined in Section 1, are as follows: CP 28-54 Segment: • CSAH 28/Yankee Doodle Road sidewalk removal — Length: 1,800' from Denmark Avenue to 350 ' east of O'Leary Lane — south side Cost Share: City $23,895 (45%), County $29,205 (55%), Total $53,100 CP 30-30 Segment • CSAH 30/Diffley Road overlay — Length: 12,000' from Interstate 35 E to Pilot Knob Road — north and south side Cost Share: City $108,000 (45%), County $132,000 (55%), Total $240,000 CP 43-44 Segment • CSAH 43/1-exington Avenue overlay — Length: 1,630' from 230' south of Lone Oak Road to 1,400' north of Lone Oak Road — east side Cost Share: City $14,670 (45%), County $17,930 (55%), Total $32,600 5. Easements. The City will acquire all necessary permanent easements and temporary construction easements for trail construction. Easement costs shall be shared in the amount of fifty five percent (55%) by the County and forty-five percent (45%) by the City. The City shall purchase the necessary easements in accordance with State statutes and rules governing acquisition of public right-of- way. Upon completion of the project, ownership of all permanent easements shall be transferred to Dakota County by Quit Claim Deed executed by the City. Maintenance and operation of the trail within the easement areas shall be in accordance with the Maintenance Agreement for County Bikeway Trails governing trail maintenance and operation, 6. Payment. The City will act as the paying agent for all payments to the Contractor. Payments to the contractor will be made as the Project work progresses and when certified by the City Engineer. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse 3 Dakota County Contract No. C0026627 March 20, 2015 the invoicing agency for its share of the costs incurred under this agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. 7. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the project cost participation must be approved by both the City and County prior to execution of work. 8. Amendments. Any amendment to this Agreement will be effective only after approval by both governing bodies and execution of a written amendment document by duly authorized officials of each body. 9. Effective Dates for Desiqn and Construction of Project. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after December 31, 2015. 10. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures, and State statutes as applicable to carrying out the work contemplated in this Agreement unless amended by the contract specifications. 11. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this agreement recognize that liability for any claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 12. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. Any and all 0 Dakota County Contract No. C0026627 March 20, 2015 persons engaged in the work to be performed by the City shall not be considered employees of the County for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of the City's employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 13. Audit. Pursuant to Minn. Stat. Sec. 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to the Agreement are subject to examination by the County, the City, and either the Legislative Auditor or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 14. Integration and ContinuingEffect. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the County and the City regarding the project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect after completion of the projects provided for in this Agreement. 15. Authorized Representatives. The County's authorized representative for the purpose of the administration of this Agreement is Mark Krebsbach, Dakota County Engineer, 14955 Galaxie Avenue, 3rd Floor, Apple Valley, MN 55124-8579, phone (952) 891-7100, or his successor. The City's authorized representative for the purpose of the administration of this Agreement is John Gorder, City Engineer, 3830 Pilot Knob Road, Eagan, MN. 55122, phone (651) 675-5000, or his successor. All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] N:WighwaylAGRMEN7120151TRAILS Eagan C0026627.docx N IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: City Engineer RECOMMENDED FOR APPROVAL: County Engineer COUNTY BOARD RESOLUTION No. 15-098 Date: February 17, 2015 CITY OF EAGAN By Mayor (SEAL) By City Clerk Date DAKOTA COUNTY Physical Development Director Date: APPROVED AS TO FORM: Assistant County Attorney Date K Agenda Information Memo April 21, 2015 Eagan City Council Meeting CONSENTAGENDA H. Metropolitan Council Environmental Services Transfer of Public Property Action To Be Considered: Accept the transfer of ownership of public property from Metropolitan Council Environmental Services to the City of Eagan and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The Metropolitan Council Environmental Services (MCES) has contracted with SAK, Inc. to perform sanitary sewer lining on various MCES pipes in the northern part of the City, including a sanitary sewer line under Interstate 35E (1-35E), north of Lone Oal< Road. ➢ As part of this project, a 24 -inch diameter steel casing pipe was installed under 1-35E in the same area and used as a temporary bypass for sewage during the lining operations. ➢ In lieu of MCES and their contractor abandoning the casing pipe, and filling it with granular material, it is proposed to transfer ownership, at no cost, to the City of Eagan for possible future utility uses, both public or private, including telecommunications. ➢ If accepted by the City Council, the transfer of this public property will be completed via acceptance of the casing pipe from the MCES and transfer of a MnDOT permit to the City. ➢ This transfer of public property has been reviewed by representatives of the Public Works Department and the Communications Department and found to be in order for favorable Council action. Attachments (1) CH -1 MCES General Bill of Sale GENERAL BILL OF SALE 1. Seller and Buyer: Seiler: Metropolitan Council Environmental Services (MCES) 390 Robert Street North St. Paul, MN 55101 Buyer: City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 2. Description of Goods: 24" steel casing previously used for temporary conveyance during MCES Project #808020. The pipe crosses I -35E approximately 1,800 feet north of Lone Oak road near station 625.25 N.B. 3. Purchase Price: In lieu of removing or filling in piping, MCES transfers ownership of the goods to City of Eagan at no charge. 4. Ownership: Seller warrants it is the legal owner of Goods and that Goods are free from all liens or encumbrances. 5. Condition of Goods: Goods have previously been used. Goods are transferred in "as -is condition" with no warranty, implied or otherwise, with regard to fitness of use for any purpose. 6. Delivery of Goods: Buyer will take immediate possession of Goods. 7. Liability: Full liability regarding the Goods is transferred to the City of Eagan along with ownership rights. Metropolitan Council Environmental Services (MCES): P;,Ckvt 313012-015 Bryce J. flickart, Assistant GM -- Technical Services Date City of Eagan; Date Agenda Information Memo April 21, 2015 Eagan City Council Meeting CONSENT AGENDA Contract 14-07, Wells No. 10, 20, & 21 Rehabilitation Water System Improvements Action To Be Considered: Approve the final payment for Contract 14-07 (Wells No. 10, 20, and 21 Rehabilitation — Water System Improvements) in the amount of $30,636.00 to Keys Well Drilling Company, and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ The City's Public Works Department (Utilities Division) operates 21 deep water wells as the source of Eagan's municipal drinking water supply. The average operational life of a deep water well is approximately seven years or 45,000 running hours. On average, the City of Eagan contracts to rehabilitate three wells per year. ➢ Contract 14-07 refurbished or rehabilitated Wells 10, 20 and 21. Refurbishing included equipment removal, equipment disassembly and inspection, replacement of worn or broken parts, equipment reassembly, coating protection, televising the actual well (determine physical condition), cleaning the casing, installation, and final inspection/tests. ➢ These improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo April 21, 2015 Eagan City Council Meeting CONSENT AGENDA J. Unisys Park and Unisys Park 2nd Additions Easement Vacation Action To Be Considered: Receive the petition to vacate public easements, Unisys Park and Unisys Park 2nd Additions, and schedule a public hearing to be held on May 19, 2015. Facts: ➢ On April 13, 2015, City staff received a petition from Mark Kronbeck, Alliant Engineering representing CSM Eagan LLC, requesting the vacation of existing drainage and utility easements on Unisys Park Addition and Lot 2, Block 1 Unisys Park 2nd Addition, north of Yankee Doodle Road (CSAH 28) and west of Pilot Knob Road, in central Eagan. ➢ The purpose of the request is to allow the final subdivision and recording of a final plat of the properties for the proposed Central Park Commons as a commercial retail/ office 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 of Central Park Commons Redevelopment will address and incorporate all necessary public drainage and utility easements on this property. ➢ The approval of the plat for the Central Park Commons Redevelopment will be scheduled for Council consideration at a future City Council meeting. ➢ Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Attachments (3) CJ -1 Location Map 0-2 Legal Descriptions CJ -3 Legal Descriptions Graphic EASEMENTS VACATION LOCATION City of Eap 494 MENDOTA HEIGHTS 2L LONE OAK RD. YANKEE DOODLE" RD. 28 -Y-LDIFFLEY,, RD. 30 L 40 43 Lockheed Martin / Unisis Park Proposed Easements Vacation Fig. 1 4/16/2015 Legal Description for Easement Vacations All those parts of Drainage and Utility Easements per the recorded plats of Unisys Park recorded as Doc. No. 878523 and Unisys Park 2"" Addition recorded as Doc. No. 967547 and Easement Rights per Doe. Nos, 335495 and 440040; Right of Entry Easement per Doc, No. 712849; Sanitary Sewer Easement per Doc. No, 1279957; Roadway and Utility Easement per Doc. Nos. 1401965 and 1435957; Waternnain Easement per Doc. No. 1846359; unrecorded Right -of -Way, Drainage and Utility and Watermain Easement in connection with City of Eagan Project No. 790 dated December 27, 2001; Public Right -of -Way, Drainage and Utility Easement per Doc. No. 2805005; and Roadway Easement per Doc. No. 1006194, embraced within the following described property: Lot 1, Block 1, UNISYS PARK 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. AND A tract of land, referred to as Tract H. Said tract is part of the following described property: Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota, lying northerly and easterly of a line described as commencing at the northwest corner of. said Lot 2; thence easterly along the north line of said Lot 2 a distance of 919.34 feet to the point of beginning of said line; thence South 48 degrees 23 minutes 10 seconds east 849.21 feet; thence South 458.04 feet to the south line of said Lot 2 and said line there terminating. Said Tract H being part of the above described property lying southerly of the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot l a distance of 105.00 feet to the point of beginning of said line; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 188.29 feet; thence westerly, southwesterly and southerly 781.03 feet along a tangential curve concave to the southeast having a radius of 500.00 feet and a central angle of 89 degrees 30 minutes 00 seconds and said line there terminating. Together with: A tract of land, referred to as Tract J. Said tract is part of the following described property: Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota described as commencing at the northwest corner of said Lot 2; thence easterly along the north line of said Lot 2 a distance of 525.59 feet to the point of beginning; thence South 1,023.39 feet; thence East 807.17 feet; thence northeasterly 37.43 feet along a nontangential curve concave to the southeast having a radius of 75 feet and a central angle of 28 degrees 35 minutes 43 seconds the chord of said curve bears North 75 degrees 38 minutes 40 seconds East; thence easterly tangent to said curve 58,20 feet; thence easterly 94.49 feet along a tangential curve concave to the south having a radius of 1,014.47 feet and a central angle of 5 degrees 20 minutes 12 seconds; thence easterly 31,05 feet along a reverse curve concave to the north having a radius of 1,375 feet and a central angle of 1 degree 17 minutes 38 seconds; thence North 458.04 feet; thence North 48 degrees 23 minutes 10 seconds West 849,21 feet to the north line of said Lot 2; thence westerly 393.75 feet along said north line to the point of beginning, And Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITIOiN, Dakota County, Ylinuesota, lying northerly and easterly of a line described as commencing at the northwest corner of said Lot 2: thence easterly along the north line of said Lot 2 a distance of 919,34 feet to the point of beginning of said line; thence South 48 degrees 23 minutes 10 seconds East 849.21 feet; thence South 458,04 feet to the south line of said Lot 2 and said line there terminating. Said Tract J being part of the above described property lying southerly of the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot 1 a distance of 105.00 feet to the point of beginning of said line; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216,25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89,46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411,92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 188.29 feet; thence westerly, southwesterly and southerly 781.03 feet along a tangential curve concave to the southeast having a radius of 500,00 feet and a central angle of 89 degrees 30 minutes 00 seconds and said line there terminating. And Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION lying easterly of a line which is 115,00 feet easterly of and parallel with the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot 1 a distance of 105,00 feet; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 100.00 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 115.00 feet; thence westerly deflecting to the left 90 degrees 00 minutes 00 seconds 88.29 feet; thence westerly and southwesterly 393.49 feet along a tangential curve concave to the southeast having a radius of 615.00 feet and a central angle of 36 degrees 39 minutes 35 seconds to the beginning of the line to be described; thence southwesterly and southerly 567.18 feet continuing along the last described curve having a radius of 615,00 feet and a central angle of 52 degrees 50 minutes 25 seconds; thence southerly tangent to the last described curve 150.00 feet and said line there terminating, (abstract property) That part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota, lying westerly of a line described as commencing at the northwest confer of said Lot 2; thence North 89 degrees 59 minutes 26 seconds East, assumed bearing, along the north line of said Lot 2 a distance of 919.34 feet to the point of beginning of said line; thence South 48 degrees 23 minutes 10 seconds East a distance of 8=49.21 feet; thence South 0 defrees 12 minutes 35 seconds East a distance of 458.04 feet to the south line of said Lot 2, and said line there terminating,. Said part of Lot 2, Block 1, being a part of the above described property lying southerly of the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot 1 a distance of 105.00 feet to the point of beginning of said line; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 188.29 feet; thence westerly, southwesterly and southerly 781.03 feet along a tangential curve concave to the southeast having a radius of 500.00 feet and a central angle of 89 degrees 30 minutes 00 seconds and said line there terminating. (abstract property) Subject to maintaining temporary easement as follows: Sanitary sewer and storm sewer per Document Nos. 335495, 440039, and 1279957 will remain in place until the existing sewers have been rerouted and the existing sewers are no longer needed; ewo E �°'��ti`�,mr"..�A'1�'�� yyuyys,! II {J E A r; A N G E N TR. L P A R 1C'p° 2 N D ! A D D l T D N '. Ali •� >< , 40T 2 '•� \°,i, 772' II9 91 1 A4 mv We UNISYS PARKLn �i v� i ----------- OT ;itLtj A, III L��K k #3 .��a�rAOi�.MTJ tFf' �j 2 N D A D D 1 T 1 0 N 11,11 :..DiN«..wp«....».. 14I Ii IGIt I : tl MAC a WW" I 21i T., �+r F �"yk7l+1L"„ti"'.J IYAAK LISM AO 28 EASEMENTS TO BE VACATED o.Il.,a w Iwr w w+w 1,Ir.Iy � w., a a rlIiMl/h N WP M C-0 Y Ilii w.`r+ri Fp+1�w�(M�L0 wrn�M N+irrMM Y1��YtyNyIM*A M Im Aw. 5 I+M YCM en1�11M1~~M1.*!� lr, Nl4 M1�W M in. awry MIS �K°0 ; ~i mm a"&r.`OMpp�r��".�i".iy�"IIirre.gw�Iwygmwrrwr�w,.r.�a,�.�=, Nn� �M,",uA� n tu'—':7- r, -WA pp Mrc m {.� m�i}Im NF MM JpMt 10. M�AwM .W iWr1�,'w1.1pN Ty.� ,.rr�Y-�IiO(yY�. ,Yy,I� IM I�tll°I.FM ��MAM � IW bFM, wgybyMIMM EM 7%w iM'lM rwl y�Nr,�tip4WW/ 6Mb 1� Ij �,�rtN�,�"-� f�.��,:�';,C[��ir��wN�! ✓tee✓, ��"If1.M—"'F gni ° wrw.Iiw wi lT'iaG'iNi:w'ia�rn • wi �.w �iCry/� 8 +4 y ' y ✓ " + + M +1 233 Park Av° 5, Sce 300 mm EASEMENT 2 2^!� In�uri i.Yi Iu aw, i..N•..1 w °..i"w l.+.. ar' 233Minneopoh.9, $t 0 `� N 4N NM L11 b.b4..r M o.. r IOONM 612.756.3060 _'VACATION ALLIAN4 612'756.3096 vex uu......l tmti\v.O6innldnacum EXHIBIT N CENTRAL PARK COMMONS c nnonr ow q 0 60 too 200 oAn N— auN:ie 1`110t K!lp6 A116 YANKEE OOOOLE f10A6 soA""LLC IN EAl3AN. hillINE9OTA JO°ero. ap°x Agenda Information Memo April 21, 2015 Eagan City Council Meeting CONSENT AGENDA K. Contract 15-04, Sperry Tower Re -commissioning Action To Be Considered: Approve the plans and specifications for Contract 15-04 (Sperry Tower Re- commissioning) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, May 21, 2015, at the North Water Treatment Plant. Facts: ➢ On November 5, 2014, the City Council approved the removal of the existing 500,000 gallon Sperry reservoir/tower and replacement with a new "Stealth" design telecommunication tower with LED lighting located south of the existing tower upon existing City property. The Council approval included the authorization of the preparation of detailed plans and specifications. ➢ The plans and specifications have been completed and are being presented to the City Council for their approval and authorization for the advertisement of bids. ➢ All of the construction activity for said improvements has been designed to occur within existing public property, right-of-way or easements. ➢ Minnesota state law allows local agencies to choose a procurement system, termed Best Value Contracting (BVC), as an alternative to the standard low -bid contracting system. The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and performance. ➢ BVC uses the relationship between performance and price to achieve the best overall value and lowest long-term cost for government construction projects. ➢ On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting method for the procurement system of public improvement projects for the City. ➢ The BVC method of procurement has been successfully used for numerous previous street and utility improvement contracts since 2008. ➢ The BVC method of procurement will be used for this contract, and will be advertised in the solicitation of these bids in the legal newspaper and electronically. All bids will be evaluated in an open and competitive manner. Attachments (0) Agenda Information Memo April 21, 2015, Eagan City Council Meeting CONSENT AGENDA L. Approve A Resolution And Partnership Agreements To Accept Donations For Upcoming 2015 Events From Multiple Partners. Action To Be Considered: To approve a resolution and partnership agreements to accept cash and in-kind advertising donations from the following organizations, to authorize the necessary budget adjustments and direct the Mayor and City Clerk to sign the appropriate documents. Cash Donations (Alphabetical Order) ➢ Blue Cross and Blue Shield of Minnesota - Market Fest Veggie Bucks Program ($850) o $250 for program admin fee (non-refundable) o $600 for produce voucher reimbursements (unused funds are refunded at close of program). ➢ Dakota County Library ($750) — Market Fest Family Night ➢ Eagan 55 plus/Seniors ($300) — Market Fest Health & Wellness Night ➢ Genisys Credit Union ($5,000) o $500 Holz Farm Old Fashioned Holiday o $2,000 Eagan Puppet Wagon o $2,500 Halloween Hodgepodge ➢ Minnesota Pork ($500) — Market Fest Classic Car Night ➢ Rasmussen College ($1,500) — Market Fest Season Partner ➢ Think Bank ($7,500) — Market Fest Entertainment Partner Advertising In -Kind Donations ➢ Sun Thisweek Newspaper ($4884.80) o 3 col. (4.88"W) x 7" full color ads to run in the Burnsville/Eagan zone at a discounted price of $182.96 per ad (Reg. price: $580.00). 0 3 col. x 10.5" (quarter page) full color ads to run in the Burnsville/Eagan zone at a discounted price of $447.87 (Reg. price: $845.75) for Streets Alive, Harvest of Art, Lone Oak Days and Halloween Hodgepodge. o The difference between the regular price and the discounted pricing is considered the partner's in-kind donation to support promotional efforts for these events. The total value of the in-kind donations for the listed events is $4884.80. FACTS: ➢ Market Fest is a popular community engagement event held on Wednesdays from the beginning of June to the end of August. It features a farmer's market, concerts in the park, free kid's art activities and value-added theme night activities. The event is celebrating its 9t" season. ➢ In 2014, the event set a new overall attendance record of 46,000 visitors. ➢ Market Fest was rated the #1 Place to View Live Music in Eagan in the Sun Thisweek Reader Survey in September 2014 and has the right to use Reader's Choice logo in event advertising during 2015. ➢ Donation dollars were budgeted for 2015 to allow this free community program to be hosted in collaboration with interested local partners. As these donations were budgeted, no additional budget adjustments are necessary. ATTACHMENTS: (1) CL -1 Resolution To Accept Donations For Upcoming 2015 Events from Multiple Partners CITY OF EAGAN RESOLUTION TO ACCEPT DONATIONS FOR UPCOMING 2015 EVENTS FROM MULTIPLE PARTNERS WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, Blue Cross and Blue Shield of Minnesota, Dakota County Library, Eagan 55 plus/Seniors, Genisys Credit Union, Minnesota Pork, Rasmussen College, Think Bank and Sun Thisweek Newspaper, have expressed an interest in partnering with Eagan Parks & Recreation to support upcoming 2015 community events; and WHEREAS, the following organizations have agreed to donated the listed amount to support 2015 community events: Blue Cross and Blue Shield of Minnesota ($850), Dakota County Library ($750), Eagan 55 plus/Seniors ($300), Genisys Credit Union ($5,000), Minnesota Pork ($750), Rasmussen College (1,500), Think Bank ($7,500) and Sun Thisweek Newspaper an in-kind advertising donation of $4884.80; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the following donations: Blue Cross and Blue Shield of Minnesota ($850), Dakota County Library ($750), Eagan 55 plus/Seniors ($300), Genisys Credit Union ($5,000), Minnesota Pork ($750), Rasmussen College (1,500), Think Bank ($7,500) and Sun Thisweek Newspaper an in-kind advertising donation of $4884.80 to support Eagan Parks & Recreation community events. Motion made by: Seconded by: Those in favor: Those against: Dated CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 21 st day of April, 2015. City Cleric Agenda Information Memo April 21, 2015 Eagan City Council Meeting CONSENT AGENDA M. Approve Telecommunication Lease Amendment Action To Be Considered: Approve a Lease agreement with Verizon Wireless LLC for the installation of antennas and related appurtenances on and near an Excel Energy power pole located in Rahn Park and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ City staff received an application from Verizon Wireless for the installation of directional antennas, connecting cables, equipment structure and related appurtenances on and near an Excel Energy power pole located within Rahn Park on Sandstone Drive in southwest Eagan. ➢ The purpose of the application is to allow Verizon Wireless to make a new installation of antennas and related appurtenances for the benefit of cellular telephone services. This would be the first such installation for Verizon Wireless at this location. ➢ This application has been reviewed by the City's Park Commission, City's Engineering Consultant, Radio Communication Consultant, City Attorney's Office and Park's Department personnel and found to be consistent with other lease agreements and in order for favorable Council consideration, Attachments (0) Agenda Information Memo April 21, 2015 Eagan City Council Meeting CONSENT AGENDA N. APPROVE a Professional Services Agreement with CNH Architects Action To Be Considered: Approve a professional services agreement with CNH Architects Facts: ➢ The Council previously entered into agreements with CNH Architects to prepare a space needs study for City Hall/Police, and a preliminary building and site design for the proposed fire station consolidation. A new proposal was requested in order to receive additional architectural services to reduce the project scopes where possible, and produce new estimated construction costs reflecting the proposed adjustments to the designs. ➢ The architectural team is proposing a fixed fee of $8,800, plus reimbursable expenses. Attachments: (1) ➢ CN -1 Professional Services Agreement with CNH Architects 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, NIN 55124-7580 (952) 431-4433 April 15, 2015 Mr. Dave Osberg, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 PROPOSAL FOR ARCHITECTURAL SERVICES PROJECT: City Hall/ PD & Consolidation Fire Station Schematic Design and Cost Estimate Updates COMM. No.: 15030 CLIENT: City of Eagan DESCRIPTION: The following proposal is to provide updates in schematic plans based on city staff input with the intent to reduce project scope where possible. After plan revisions, the project cost estimates will be updated for a new estimated total project cost. Revise Preliminary Building Design: Our services for this part of the work includes meeting with city staff for both the City Hall / PD and the Consolidated Fire Station projects to review reduction options and get staff priorities and direction. From this input CNH will develop updates and revisions to the current design plans for each project. These changes will be again reviewed with city staff for final input and plan revisions. Services Provided: Our services will include the following: • Schematic level floor plan revisions for City Hall / Police Department project • Schematic level floor plan revisions for Consolidated Fire Station • Exterior image update for Consolidated Fire Station showing revised rendering of exterior from Diffley / Blackhawk corner. • Meetings with fire department, police department, and city hall staff Revise Preliminary Cost Estimates: After developing the revised project design and scope, CNH Architects and our cost consultant, Professional Project Management, will provide updated construction cost estimates for each project. Services Provided: Our services will include the following: • Architectural narrative of building systems, materials and elements anticipated for each project • Mechanical and electrical narratives of systems anticipated for each project • Material and unit quantity take -offs for each project Construction cost estimate for each project Meeting with city staff to review new cost estimates. Fee: For this work we propose a fixed fee of $8,800, plus reimbursable expenses as described below. It is agreed that the terms of an AIA B101-2007 Standard Form of Agreement Between Owner and Architect will be followed except as modified in this proposal and only to the phases of work included in the proposal. Reimbursable Expenses: Reimbursable expenses will be billed at direct cost as they occur: - Plotting of plans as needed for meetings, submittals and pricing. - Miscellaneous B&W and color printing - Mileage Schedule: A project schedule has not been determined at this time. We will work with you to determine a schedule when the project is ready to proceed. We appreciate the opportunity to provide this proposal and look forward to working together on the project. Sincerely, Quinn S. Hutson, AIA, LEED AP Principal CNH Architects, Inc. Accepted by: .0 Mike Maguire, Mayor By: Date: Deputy Clerk Agenda Information Memo April 21, 2015, Eagan City Council Meeting CONSENT AGENDA O. Approve On -Sale 3.2 Percent Malt Liquor (Beer), Wine and Sunday Wine License for IGH Development, LLC doing business as Italian Pie Shoppe and Winery, 1438 Yankee Doodle Road. Action To Be Considered: To approve an on -sale 3.2 percent malt liquor (beer), wine and Sunday wine license for IGH Development, LLC doing business as Italian Pie Shoppe and Winery, 1438 Yankee Doodle Road. Facts: ➢ Dale Mays, president of IGH Development, LLC, has applied for an on -sale 3.2 percent malt liquor (beer), wine and Sunday wine license. ➢ IGH Development, LLC is purchasing the existing Italian Pie Shoppe and Winery, which currently has an on -sale 3.2 percent malt liquor (beer), wine and Sunday wine license. The anticipated closing date is April 30, 2015. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo April 21, 2015, Eagan City Council Meeting OLD BUSINESS A. Ordinance Amendment — An Ordinance Amendment to City Code Chapter 6.38 regarding kennel license regulations Action To Be Considered: Approve an ordinance amendment to City Code Chapter 6.38 regarding kennel license regulations and direct the City Attorney to publish an ordinance amendment summary. Facts: ➢ At its February 17, 2015 meeting, the City Council directed preparation of an ordinance amendment to kennel license regulations. ➢ The City issues kennel licenses to facilities that house four or more dogs, cats, ferrets, or rabbits or a combination of those animals. ➢ City Code enumerates the requirements for holding a kennel license, one of which is that the applicant has proper and suitable facilities for sheltering or harboring animals proposed to be kept at the facility. ➢ In practice, the City uses the standards from the Minnesota Board of Animal Health's kennel license regulations to determine if a facility is suitable and proper. The City Attorney has recommended an ordinance amendment to incorporate these standards into City Code. ➢ The proposed ordinance amendment would not add new regulations. It would codify standards already used during annual license inspections. ATTACHMENTS: (1) OBA-1 Ordinance Amendment ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.38, REGARDING KENNELS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 6 of the Eagan City Code is hereby amended by revising Section 6.38, Subd. 4, to read as follows: Subd. 4. Issuance and condition of license. The city cleric may issue a license under this Section provided a conditional use permit has been approved for the operation of the proposed kennel premises. The city clerk shall deny a license on the following grounds: A. No license shall be issued to a person or the operation of a kennel in a zoning district where such operation is not permitted or otherwise allowed under the zoning chapter of the City Code. B. The liee applicant has had prior violations of this Section or the conditional use permit governing the operation of the kennel. C. The lieensee applicant violated this Section or state or federal laws governing the care, treatment, or shelter of animals within the preceding five years. D. The applicant had a license or permit for the operation of a kennel or other animal facility that was suspended or revoked within the preceding five (5)years. DE. The applicant does not have preperefacilities as required by this Section for the shelter or harboring of the animals proposed to be kept under the license. Section 2. Chapter 6 of the Eagan City Code is hereby amended by adding Section 6.38, Subds. 5, 6 and 7, to read as follows: Subd. 5. Kennel licensee requirements. All kennel licensees shall be subject to the following requirements: A. Veterinary care. A licensee must establish and maintain a program of disease control and prevention, euthanasia, and adequate veterinary care under the supervision of a licensed veterinarian. A written program of veterinarian care signed and dated by the veterinarian and kennel manager, must be kept on file at the kennel and available for review upon request. The program of veterinary care must be reviewed by the kennel manager and veterinarian annuallyad updated as needed. The veterinarian must visit the facility as often as necessary to supervise the program, with a minimum of an annual visit. Sick or injured animals must receive veterinary care promptly. B. Control of pests. The licensee shall establish and maintain an effective program for the control of insects, ectoparasites, rodents, and other pests. C. Feeding _of animals, Kenneled animals must be fed at least once a day with clean, wholesome food sufficient to meet the normal daily nutritive requirements for the animal's age, size, and condition. Feed standards must be those recommended by the National Research Council. Clean potable water must be made available to all animals at least twice daily for periods of not less than one hour. All feeding and watering_ receptacles must be kept clean and sanitary. The receptacles must be accessible to each animal and located so as to minimize contamination by excreta. Disposable food receptacles must be discarded when soiled. D. Identification. Each animal in a kennel must be identified with a numbered tag affixed to a collar worn by the animal, identification attached to the cage, a microchip, or by other means approved by the City. E. Transportation of kenneled animals. An animal must be transported in a vehicle equipped with ample cargo space and confinement areas. The animal cargo space must be constructed and arranged to prevent injuries from fighting and allow for compatible grouping in terms of age, breed, size and disposition. Separate confinement areas must be provided for females in estrus. An animal must not be placed in a confinement area over other animals unless the upper confinement area is constructed to prevent excreta from entering the lower confinement area. All confinement areas and cargo space must be cleaned and disinfected between uses. The number of animals transported at one time must not exceed the number that can ride comfortably. Vehicles must be adequately equipped to provide sufficient ventilation and still protect the animals from the elements, injurious drafts, and exhaust fumes. F. Confinement, 1. The kenneled animals must not be confined by chains or by tethering. 2. Animals housed in the same primary confinement area: (a) Each animal must be maintained in a compatible animal species roup-, (b) Puppies or kittens must not be housed with adult dogs or cats other than their mother; (c) Any dog or cat exhibiting a vicious disposition must be housed separately; and (d) Females in estrus must not be confined in the same confinement area with males. 3. Animals with clinical signs of infectious, contagious or communicable disease must be separated from other animals. Subd. 6. Kennel premises and facilities. All licensed kennels must meet the following requirements: A. All animal housing facilities must be structurally sound and maintained in good repair. B. All animals must be housed in an indoor facility maintained at a temperature of not less than 50 degrees Fahrenheit. Animals may be provided temporary access to outdoor runs and exercise areas when appropriate for the species, breed, and weather conditions. C. All housing facilities must have at least eight hours of illumination, either natural or artificial, sufficient to permit routine inspection and cleaning_ D. All housing facilities must be adequately ventilated. Drafts, odors and moisture condensation must be minimized. Auxiliary ventilation, such as exhaust fans, vents, and air conditioning, must be used when the ambient temperature exceeds 85 degrees Fahrenheit at the floor level. E. Carcass andag rbage disposal facilities must be provided and managed to minimize vermin infestation, odors, and disease hazards. F. Adequate storage and refrigeration must be provided and managed to protect food supplies against contamination and deterioration. Open bags of food must be stored in vermin -proof containers. G. The premises, housing facilities, exercise areas, and confinement areas must be cleaned and disinfected as often as necessary to maintain a clean and sanitary condition. Animal confinement areas must be cleaned at least once daily. Measures must be taken to protect animals from being splattered with water or feces and from exposure to harmful chemicals during cleaning. Bedding, if used, must be kept clean and dry. Outdoor runs and exercise areas must be kept clean and soiled base material must be replaced as necessary. H. Confinement areas must be of sufficient size to allow each dog or cat to turn about fully and to stand, sit, and lie in a comfortable, normal position. The confinement area must be constructed so as to prevent injury to the dog or cat. Interior surfaces of indoor confinement areas must be constructed and maintained so that they are substantiallypervious to moisture, provide for rapid drainage and may be readily cleaned. Subd. 7. Inspections. A. All kennel premises subject to a license under this Section shall, during all daylight hours, be open to inspection by a city official to determine whether or not the terms and provisions of this Section and all other laws are met. All licensees, as a condition to being issued such license, consent to inspections by city employees or agents without a court warrant. B. All records required in this Section must be maintained for a minimum of two years and available to duly authorized agents upon demand at any reasonable time. C. It is unlawful for any licensee or agent or employee of a licensee to hinder or prevent a city official from making such inspection. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ," which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipioni Its: City Clerk CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 0 The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.38, REGARDING KENNELS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. Section 6.38, governing operation of kennels, is amended to add license conditions and kennel facility standards and requirements. The added provisions regulate veterinary care, control of pests, care of animals, record keeping and retention, upkeep and maintenance of kennel premises and animal housing facilities. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Cleric at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. Agenda Information Memo April 21, 2015, Eagan City Council Meeting NEW BUSINESS A. Preliminary Subdivision and Variance — Dan Rogers Actions To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Subdivision (Preusse 3rd Addition) to relocate a shared boundary for properties located at 4131 and 4141 Old Sibley Memorial Highway, subject to the conditions listed in the APC minutes. To approve (or direct preparation of Findings of Fact for Denial) Variance (parking setback) for property located at 4131 and 4141 Old Sibley Memorial Highway, subject to the conditions listed in the APC minutes. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ The site is comprised of two parcels, platted as Preusse Addition in 1996. ➢ Both properties are zoned 1-1 (Limited Industrial). ➢ Lot 1 contains a former single family home that currently operates as a health and wellness clinic. ➢ Lot 2 contains an office/warehouse building in 1995. ➢ The properties take access from Old Sibley Memorial Highway via a shared driveway. ➢ The proposed Subdivision will rectify an existing non -conformity by allowing Lot 1 to provide parking that occurs on the rear of the property entirely upon its own parcel. ➢ A second shared driveway would allow the access to the rear parking area; however, the parking setback requirement is not met. ➢ Approval of the Subdivision will simultaneously constitute the approval of the Variance. ➢ The Advisory Planning Commission held a public hearing on the proposed requests at the March 19, 2015 meeting and recommended approval on a 5-0 vote on the requests. Issues: None 60 -Day Agency Action Deadline: Extended to June 18, 2015 Attachments: (4) NBA -1 Location Map NBA -2 Draft March 24, 2015, APC Meeting Minutes NBA -3 Planning Report NBA -4 Exhibits 1z C:) LL 0 Lo w V 0)V) 0 m 0 m C) ti G> 9 OQ 0 .-T- 9 :5.2 Ln 0 Lo 0 0 U) 04 CD Gd VE CL (L m a. Z 4j (n 0 oz 1z C:) LL 0 C� N w V 0)V) 0 m 0 C) ti OQ 0 Lo 0 0 1z C:) LL 0 C� N w V 0)V) 0 m 0 C) 0 Lo 0 0 Advisory Planning Commission March 24, 2015 Page 4 of 7 C. Pruesse 3rd Addition Applicant Name: Thomas Johnson and Cassandra and Dan Rogers LLC Location: 4131 and 4141 Old Sibley Memorial Hwy Application: Preliminary Subdivision File Number: 19 -PS -04-02-15 Application: Variance File Number: 19 -VA -01-02-15 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 19, 2015. The applicants stated they were available for questions. Member Sagstetter asked if the existing gravel surface was essentially impervious. Assistant City Engineer Nelson stated it functioned similarly to asphalt. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Secretary Piper asked if the Variances requested were existing conditions. Planner Thomas stated that was the case and provided a summary of previous City approvals for the site. Secretary Piper moved, Member Sagstetter seconded a motion to recommend approval of a Preliminary Subdivision (Preusse 3rd Addition) consisting of two lots, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: B1, C1, C2 and E1 2. The property shall be platted. 3. The lower parking lot on Lot 1 shall include a permanent physical barrier (fence, curb, parking blocks, etc.) along the entire northern edge of the parking lot. 4. 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. 5. Striping of the upper parking lot (Lot 2) shall be modified to provide a 20' minimum drive lane opening to the lower parking lot (Lot 1), measured perpendicular to the direction of traffic. Advisory Planning Commission March 24, 2015 Page 5 of 7 6. The applicant shall provide private cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of Final Subdivision approval. All voted in favor. Motion carried 5-0. Secretary Piper moved, Member Sagstetter seconded a motion to recommend approval of a Variance to the required parking setback to allow a shared driveway, subject to the following conditions: 1. The property shall be subdivided and platted prior to the effectiveness of the Variance. 2. This Variance pertains to both proposed Lots 1 and 2, Block 1, Preusse 3rd Addition. All voted in favor. Motion carried 5-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 19, 2015 CASE: 19 -PS -04-02-t5; 19 -VA -01-02-15 APPLICANT: Dan Rogers HEARING DATE: March 24, 2015 PROPERTY OWNER: Thomas Johnson and APPLICATION DATE: February 18, 2015 Casssandra and Dan Rogers LLC REQUEST: Preliminary Subdivision; PREPARED BY: Sarah Thomas Variance LOCATION: 4131 and 4141 Old Sibley Memorial Hwy COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant has requested approval of a Preliminary Subdivision (Preusse 3rd Addition) that would relocate a shared boundary of the subject property and an adjacent 0.57 acre parcel adjacent to the west; for properties located at 4131 and 4141 Old Sibley Memorial Hwy. In conjunction with the Preliminary Subdivision request, the applicant has also requested approval of a Variance to the required parking setback to allow a shared driveway for properties located at 4131 and 4141 Old Sibley Memorial Hwy. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and Plaiming Report — Preusse 3'd Addition March 24, 2015 Paae 2 retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Variance: City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. Planning Report — Preusse 3`d Addition March 24, 2015 Page 3 b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." BACKGROUND/HISTORY This site is comprised of two parcels which were platted as Preusse Addition in 1996 and consist of 3.63 acres. Lot 1 contains a former single family home that was built in the 1950's and is currently being used as a health and wellness clinic. The building on Lot 2 was constructed in 1996. EXISTING CONDITIONS The 4,296 SF clinic on Lot 1 is presently under parked by 12 stalls. The 18,000 SF office/warehouse building on Lot 2 is also currently under parked by 25 stalls. A steep slope runs along the northern half of Lot 2 that slopes toward TH-13. A modular block retaining wall is located along the north edge of the lower parking lot for the building on Lot 1, which helps support the parking lot on the steep slope. There is no concrete curb and gutter along the parking lot to help contain vehicles in the lot. The entire steep slope is covered with mature trees. The site slopes from south to north with elevations ranging from approximately 891 to 830. There are no wetlands on either property. Plamiing Report — Preusse 3`d Addition March 24, 2015 Page 4 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The applicant has proposed a lot line adjustment in order to rectify an existing non -conformity. The subdivision, if approved, will allow Lot 1 to provide parking entirely upon its own parcel. A second shared driveway to Lot 2 creates another nonconformity which requires a Variance to the Zoning Ordinance but is an existing condition. The removal of two parking stalls on Lot 2 is proposed to allow the connection. No new construction is proposed. Lot Requirements — The two parcels will exceed the minimum 0.5 acre requirements. No changes in lot widths (as measured at the front setback line) have been proposed. The following is a summary of present and proposed lot area conditions: Present Lot Area Proposed Lot Area Lot 1 0.57 acres 1.51 acres Lot 2 3.06 2.12 acres Grading — The preliminary grading plan is acceptable, with modification. The only grading proposed is to convert the gravel portion of the lower parking lot for Lot 1 to asphalt. The lower parking lot on Lot 1 should include a permanent physical barrier (fence, curb, parking blocks, etc.) along the entire northern edge of the parking lot. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/sediment control plans submitted for development and grading permits should 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 construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as Existing Use Zoning Land Use Designation North Lovegreen I-l,Limited Industrial IND, Limited Industrial South Office I-l,Limited Industrial IND, Limited Industrial East Old Sibley Memorial Hwy/Sibley Court West Hwy 13 EVALUATION OF REQUEST Description of Proposal — The applicant has proposed a lot line adjustment in order to rectify an existing non -conformity. The subdivision, if approved, will allow Lot 1 to provide parking entirely upon its own parcel. A second shared driveway to Lot 2 creates another nonconformity which requires a Variance to the Zoning Ordinance but is an existing condition. The removal of two parking stalls on Lot 2 is proposed to allow the connection. No new construction is proposed. Lot Requirements — The two parcels will exceed the minimum 0.5 acre requirements. No changes in lot widths (as measured at the front setback line) have been proposed. The following is a summary of present and proposed lot area conditions: Present Lot Area Proposed Lot Area Lot 1 0.57 acres 1.51 acres Lot 2 3.06 2.12 acres Grading — The preliminary grading plan is acceptable, with modification. The only grading proposed is to convert the gravel portion of the lower parking lot for Lot 1 to asphalt. The lower parking lot on Lot 1 should include a permanent physical barrier (fence, curb, parking blocks, etc.) along the entire northern edge of the parking lot. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/sediment control plans submitted for development and grading permits should 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 construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as Planning Report — Preusse 3`a Addition March 24, 2015 Paee 5 determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. Storm Water Drainage — The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan — 2007). Storm water flows to the north towards TH-13, then continues via a swale to storm water pond (AP -6) located at the off ramp to Cedar Avenue. The storm water ultimately travels to the Minnesota River. No storm water modifications are proposed with this submittal. Wetlands — There are no wetlands on site; therefore, City Code § 11.67, wetland protection and management regulations, do not apply. Stormwater Management/Water Quality — The applicant does not propose to increase the existing amount of imperious surface; therefore, Stormwater Management Regulations (City Code §4.34) for stormwater management and surface water quality do not apply. Utilities — The existing buildings are connected to City sewer and water services. No utility modifications are proposed with this subdivision. Sanitary sewer District W (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. Streets/Access/Pedestrian Circulation — Street access for the development is provided via a shared driveway onto Old Sibley Memorial Highway. There are no pedestrian facilities in the area. No changes to the existing access are proposed. The Site Plan shows the removal of two parking stalls from the upper parking lot (Lot 2) to provide a clear connection to the lower parking lot (Lot 1). This provides approximately a 10' wide drive lane opening to connect the two parking lots when measured perpendicular to the direction of travel. Striping of the upper parking lot should be modified to provide a 20' minimum drive lane opening to the lower parking lot, measured perpendicular to the direction of traffic, to ensure emergency vehicle access. Easements/Right-of-Way — No additional right-of-way is needed for Old Sibley Memorial Highway. The applicant should provide private cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of Final Subdivision approval. Standard front and side yard drainage and utility easements should be provided around the perimeter of lots 1 and 2. Tree Preservation — The applicant does not propose the removal of any trees at time of subdivision nor construction of a building; therefore, Tree Preservation Regulations (City Code § 11.70) do not apply. Parks/Trails — All park and trail fees were satisfied when the property was platted as Preusse Addition in 1996. Planning Report — Preusse 3'd Addition March 24, 2015 Page 6 Financial Obli ag tion — At this time, there are no pending assessments on the parcels proposed for platting. Based upon a study by City staff, all trunk and lateral utility financial obligations have been previously collected for this property. Variance — The proposed Variance to side yard setbacks for parking will permit a shared driveway. The proposed shared driveway allows more efficient use of the land and minimizes the impact to the steep slopes on the parcels. SUMMARY/CONCLUSION The proposed Subdivision is being sought to rectify a non -conformity with parking occurring on an adjacent property. Approval of the Subdivision will simultaneously constitute the approval of the shared parking setback Variance. The proposal appears satisfactory; however, Lot 2 is presently under parked and an additional four stalls will be removed via the proposal. The shared driveway will require an ingress -egress easement to be recorded against both lots. ACTIONS TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Preusse 3rd Addition) on property located at 4131 and 4141 Old Sibley Memorial Hwy. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Bl, Cl, C2 and El 2. The property shall be platted. 3. The lower parking lot on Lot 1 shall include a permanent physical barrier (fence, curb, parking blocks, etc.) along the entire northern edge of the parking lot. 4. 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. Striping of the upper parking lot (Lot 2) shall be modified to provide a 20' minimum drive lane opening to the lower parking lot (Lot 1), measured perpendicular to the direction of traffic. Planning Report — Preusse 3rd Addition March 24, 2015 Page 7 6. The applicant shall provide private cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of Final Subdivision approval. To recommend approval of a Variance to the required parking setback to allow a shared driveway upon property located at 4131 and 4141 Old Sibley Memorial Hwy. If approved, the following conditions shall apply: 1. The property shall be subdivided and platted prior to the effectiveness of the Variance. 2. This Variance pertains to both proposed Lots 1 and 2, Block 1, Preusse 3'd Addition. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff" s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval, B. Easements and Rights -of -Wad 1. This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights-of-way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by enghwering standards. 2. This development shall dedicate, provide, or Financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development, 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency, 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan, C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval, 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a permanent cul-de-sac, or temporary cul-de-sac to be removed upon further extension (on stub streets), constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights-of-way as required by the alignment of the cul-de-sacs located within or beyond the boundaries of this plat as necessary to service or acconiniodate this development, 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1, if any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval, E. Permits 1, This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. P. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as allowed under the City's tree preservation ordinance and as approved by the City Council, H. Stormwater Manaaement and Water Quality Protection This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. 1. Wetlands Protection and Management 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. J. Airport Noise Attenuation 1, This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and/or Buffer Zone. K. Other 1, All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. L. Mailboxes 1. The construction and location of all mailbox supports shall be in accordance with the United States Postal Service policies and regulations for centralized delivery, and the locations shall be approved by the City Engineer and be identified in the final constructions plans for the development, Advisory Planning Commission Approved:. 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Amo A ('1 6m#oo®®88El �6_ "y p cc -sn8 03 n^tz a �a m o gc3 S> (7 A6A0Y 1) \ MMESOTA DEART AEff E ARTAEM \C \ OF WA'N-At j O "RAI TATON 119-5 \ \ o if s �� a RE P $ CC6 if ...... .... tLr 0 F a5 ...... .... tLr 0 Perusse Addition — Preliminary Subdivision Comprehensive Guide Plan — Ind — Limited Industrial Zoning (Existing and Proposed) —11 --Limited Industrial Surrounding Properties are Zoned 11 and BP Property to the North —11 Industrial Property West —11 Industrial Property South (Across Old Sibley Memorial Highway) — BP Business Park Proposed Plan: The proposed Preliminary Subdivision is a revision to the current Perusse Addition subdivision located on the west side of Old Sibley Memorial Highway north of Diff ley Road and east of Highway 13. The proposed subdivision of two lots will transfer a portion of Lot 2 to Lot 1, A total of 40,934,92 sf (0,94 acres) will be transferred from Lot 2 to Lot 1, Lot 1 PID 10-59100-01-01. Lot 2 PID 10-59100-01-020, Address Lot 1-4141 Old Sibley Memorial Highway Legal Description Lot 1- Lot 1, Block 1, PREUSSE 3RD ADDITION, Dakota County, Minnesota, Address Lot 2 --4131 Old Sibley Memorial Highway Legal Description Lot 2 - Lot 2, Block 1, PREUSSE 3RD ADDITION, Dakota County, Minnesota, The original subdivision was approved In 1995. Both lots currently are occupied by office buildings with associated parking lots. The two properties share a common driveway entrance off of Old Sibley Memorial Highway, and Lot 2 has a second access further east along Old Sibley Memorial Highway, As part of the proposed subdivision revision a portion of an existing gravel area on the north side of Lot 1 will be converted to a paved parking area with a total of 7 parking stalls (including one accessible stall), The north lot will be accessed through a common driveway on the two properties. The driveway access to the new parking area will require the removal of two existing parking spaces on Lot 2 and a variance for a shared driveway. Construction of the paved parking area will begin sometime after the start of the spring 2015 construction season and will be completed by fall of 2015, Site Area Existing Lot 1= 0.57 acres Lot 2 = 3.06 acres Site Area Proposed Lot 1= 1.51 acres Lot 2 = 2,12 acres Total parking provided on Lot 1 Pre -Construction = 17 Total parking provided on Lot 1 Post Construction = 24 Total parking provided on Lot 2 Pre-Constructlon = 34 Total parking provided on Lot 2 Post Construction = 32 Total Impervious Pre -Construction Lot 1= 16,564 sf Total Impervious Post -Construction Lot 1= 16,316 sf Perusse Addition -- Preliminary Subdivision Total Impervious Pre-Constructlon Lot 2 = 37,089 sf Total Impervious past -Construction Lot 2 = 37,089 sf Building Lot 1= 4,296 sf General Office Building Building Lot 2 = 18,000 sf (7,500 sf Office and 10,500 sf Warehouse) AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER APRIL 21, 2015 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Third Amendment to Sale and Purchase Agreement for MHC Cedar Grove LLC for Hotel Project D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN Agenda Information Memo April 21, 2015 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. ADOPTAGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENTAGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES EDAC-1 Minutes of the March 17, 2015 EDA meeting. 2. APPROVE Third Amendment to Sale and Purchase Agreement for MHC Cedar Grove LLC for Hotel Project Action to be considered: To approve the Third Amendment to Sale and Purchase Agreement for MHC Cedar Grove LLC for Home 2 by Hilton Hotel Project. Facts: ➢ On February 18, 2014, the EDA approved the purchase agreement with MHC Cedar Grove LLC (Morrissey Hospitality) to sell an approximately one acre parcel between Cedar Grove Parkway and the parking garage to the company for the construction of a Hilton Home2 hotel, with closing anticipated by August 31, 2014. In July, the developers indicated that they could not come to terms with an institutional equity partner and would need to go back to the market for investors. In order to permit the firm additional time for that purpose, the EDA approved an extension of the time to close to October 31, 2014. As efforts to raise capital for the project continued, the developer requested and was granted another extension on December 2, 2014, through the end of February, 2015. ➢ The developer indicates progress is being made regarding equity and that capital is in place to move ahead with the property closing. To that end, the developer has asked for an extension to close on the property by April 24, 2015. ➢ In addition to the extension, changes in this amendment also include an obligation for the EDA to repurchase the property if no construction has begun within 6 months of closing and the three year right of first refusal for MHC to match other hotel purchase proposals begins at the date of closing as opposed to the date of occupancy. The Finance Committee has reviewed the terms of the proposed amendment and is recommending its approval. ➢ At this time, the developer has completed and submitted all items pertaining to the Final Development for the project, which is being considered under the City Council consent agenda, earlier on this meeting agenda. The developer has also provided all necessary securities and is meeting the terms necessary for closing, which is being scheduled at the time of packet preparation. Attachments: (0) Amendment to Purchase Agreement available upon request D. OLD BUSINESS There are no other items at this time. E. NEW BUSINESS There are no other items at this time. 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 March 17, 2015 A meeting of the Eagan Economic Development Authority was held on Tuesday, March 17, 2015 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, and Commissioner Tilley. Commissioner Hansen was absent. Also present were Executive Director Osberg, City Attorney Dougherty, and Community Development Director Hohenstein. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye:4 Nay:O 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 March 3, 2015. 2. It was recommended to approve a resolution of the EDA to decertify Tax Increment District 2-3 Highway 55/149 and to approve a resolution of the City to decertify Tax Increment District 2-3 Highway 55/149. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Tilley seconded a motion to adjourn the meeting. Aye: 4 Nay: 0 Date David M. Osberg, Executive Director