05/03/2016 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
MAY 3, 2016
6:30 P.M.
I. ROLL CALL AND PLEDGE OF ALLEGIANCE
II. ADOPTAGENDA
III. RECOGNITIONS AND PRESENTATIONS
A. RECOGNITION of Friends of the Farm Volunteers for their Volunteer Hours at Holz Farm
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 change order #3 for Contract 15-10, Old Town Hall Repairs and Renovation
F. APPROVE Action to not waive Monetary Limits on Municipal Tort Liability
G. APPROVE Premise Permit for the Eagan High School Football Booster Club to conduct lawful
gambling at Fiesta Cancun Mexican Grill & Bar, 4250 Lexington Ave Suite 111
H. APPROVE Exempt Permit for the Minnesota Farm Bureau Federation to hold a raffle on
September 15, 2016 at 3080 Eagandale Place
I. DIRECT Preparation of an Ordinance Amendment to City Code Chapter 9 regarding impounding
and removing vehicles
J. DIRECT Preparation of an Ordinance Amendment to City Code Chapter 5 regarding on -sale
license setback requirements
K. APPROVE Show License for Herpetorama, Inc. dba Repticon at the Eagan Community Center on
May 14 and 15, 2016 and September 17 and 18, 2016
L. APPROVE the Purchase Agreement with GLG Properties ("Gertens") for the sale of Outlot I,
Gopher Industrial Park 2nd Addition and direct the Advisory Planning Commission to review the
conveyance as to compliance with the City's Comprehensive Plan
M. PROCLAIM May 15-21, 2016 as Public Works Week
N. PROCLAIM June, 2016 as Lakes Appreciation Month
0. AWARD Contract 16-12 — 2016 Sanitary Sewer Lining
P. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 12-F Eagan Car Club
Q. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 14-1 CityVue Commons
R. APPROVE Contract 16-19 Central Maintenance Facility Brine Production System
S. RECEIVE Petition to Vacate Public Drainage & Utility Easements—Tesseract 2nd Addition and
Parcel 10-01900-250-40 and Schedule Public Hearing for June 7, 2016
T. RESCHEDULE Public Hearing to Vacate Public Drainage & Utility Easements, Lot 19, Block 5,
Hilltop Estates, for May 17, 2016
U. RESCHEDULE Public Hearing to Vacate Public Drainage & Utility Easements (Document No.'s
238082 & 238083), Lots 3 & 4, Block 1, Sibley Terminal Industrial Park for May 17, 2016
V. AUTHORIZE participation in the Dakota County's Urban County Designation for HUD
programming
W. DIRECT Staff to initiate a Comprehensive Plan Amendment, Rezoning and an Ordinance
Amendment to the 1-1 Zoning District
X. ADOPT a resolution accepting a donation from Thomson Reuters
Y. APPROVE resolution and partnership agreements to accept donations for upcoming 2016 Eagan
Market Fest events from multiple partners
Z. APPROVE Extended Work Hours and Construction Activity Noise from May 2 — September 5,
2016 —Central Maintenance Facility
V. APPOINTMENT OF ADVISORY COMMISSION MEMBERS
VI. PUBLIC HEARINGS
VII. OLD BUSINESS
VIII. NEW BUSINESS
A. CONDITIONAL USE PERMIT - Burgers & Bottles - A Conditional Use Permit to allow on -sale
liquor Located at 1278 Lone Oak Road
B. CONDITIONAL USE PERMIT - Safety-Kleen - A Conditional Use Permit to allow outdoor storage
of commercial trucks, trailers and other vehicles, roll -off containers, and other heavy duty
equipment and materials located at 3227 Terminal Drive
C. CONDITIONAL USE PERMIT AND VARIANCE - Meadow View Industrial Center II - A Conditional
Use Permit to allow outdoor storage of 15 semi -trailers and 8 straight trucks, and a 30'
Variance to the 50' setback for outdoor storage across the street from property guided for
residential uses, located at 1670 Meadow View Road
IX. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
X. ECONOMIC DEVELOPMENT AUTHORITY
XI. ADMINISTRATIVE AGENDA
A. City Attorney
B. City Council Comments
C. City Administrator
D. Director of Public Works
E. Director of Community Development
XII. VISITORS TO BE HEARD (for those persons not on the agenda)
XIII. CLOSED SESSION
XIV. ADJOURNMENT
411�
City of Eagan Wo
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR OSBERG
DATE: APRIL 29, 2016
SUBJECT: AGENDA INFORMATION FOR MAY 3, 2016 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the May 3, 2016 City Council agenda, the following items are in order
for consideration.
Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
RECOGNITION AND PRESENTATION
A. Recognition Of Friends Of The Farm Volunteers For Their Volunteer Hours At
Holz Farm
Action To Be Considered:
Recognize Norm Peterson, Sharon Boeckman, Linda Klein and the Eagan Garden Club for
their volunteer hours at Holz Farm.
Facts:
➢ The Eagan Garden Club is being recognized for reaching the 2500 hour volunteer
milestone at Holz Farm.
➢ Norm Peterson is being recognized for reaching the 2000 hour volunteer
milestone at Holz Farm.
➢ Sharon Boeckman is being recognized for reaching the 1000 hour volunteer
milestone at Holz Farm.
➢ Linda Klein is being recognized for reaching the 750 hour volunteer milestone at
Holz Farm.
➢ The volunteer efforts of the Friends of the Farm have been an extremely
valuable component to the success of preserving the 1940's farming heritage for
the community.
➢ The Friends of the Farm organization provides volunteer hours and financial
support that allow for programs and restoration work at Holz Farm.
➢ Volunteers from the Friends of the Farm and the Eagan Garden Club contributed
over 1800 hours of service to Holz Farm in 2015.
➢ Friends of the Farm volunteers are recognized by the City Council after they have
reached specific volunteer hour milestones.
➢ Spring is a busy time at the farm as the volunteers and City staff prepares the
farm for the Holz Farm Spring Festival on Sunday, May 15 and summer camps
that will take place in June and July. The Farm also hosts the Eagan Garden Club
plant sale on Saturday, May 7.
➢ Parks & Recreation will recognize Norm Peterson, Sharon Boeckman, Linda Klein
and the Eagan Garden Club in honor of their dedication to Holz Farm.
Attachments: (0)
Agenda Information Memo
May 3, 2016 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 19, 2016 regular City Council meeting as presented or
modified.
Attachments: (1)
CA -1 April 19, 2016 Minutes
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
APRIL 19, 2016
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, and Hansen. Councilmember Tilley arrived at 6:05 p.m.
A closed session was called at 6:05 p.m. to discuss labor negotiations. Present were Mayor Maguire,
Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City. Administrator Osberg,
Assistant City Administrator Miller, Human Resource Manager Peterson, Finance Director Pepper, and
City Attorney Bauer. The closed session adjourned at 6:17 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, April 19, 2016 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and
Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller,
Communications Director Garrison, Finance Director Pepper, Director of Community Development
Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Sergeant Fineran, Fire Chief
Scott, City Attorney Bauer, and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentation to be heard.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent
agenda: Aye:5 Nay:0
A. It was recommended to approve the minutes of March 29, 2016 and April 12, 2016 special
City Council meeting, and April 5, 2016 regular City Council meeting as presented.
B. Personnel Items:
1. It was recommended to accept the resignation of Judith Urbiha, Full Time Police Clerical
Technician 4 and authorize the replacement of this position.
2. It was recommended to approve the recruitment of a Parks and Recreation Technician.
3. It was recommended to approve hiring of a Part Time Clerical Technician in Community
Development, to be named.
4. It was recommended to approve the hiring of a Full Time Production Assistant in E -TV,
to be named.
C. It was recommended to ratify the check register dated March 25 and April 1, 2016 as
presented.
D. It was recommended to approve the ordinary and customary contracts with Wet Paints
Artists' Materials & Framing, Czech Area Concertina, Eagan Women of Note, Eagan's Men's
Chorus, Roe Family Singers, Mary Gohman and, United States Department of Agriculture.
City Council Meeting Minutes
April 19, 2016
2 page
E. It was recommended to approve a resolution to temporarily extend the licensed premises of
Cuz, Inc. doing business as La Fonda de los Lobos, located at 3665 Sibley Memorial Highway
on May 5, 6 and 7, 2016.
F. 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 5, 2016 at 530 Red Pine
Lane.
G. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan High
School Boys Hockey Boosters to conduct a raffle on July 17, 2016 at the Eagan Civic Arena,
3870 Pilot Knob Road.
H. It was recommended to approve a resolution to accept a donation from the Eagan Hockey
Association of rubber flooring for installation at the Eagan Civic Arena and authorize the
necessary budget adjustment.
I. It was recommended to approve a Sound Amplification Permit for an outdoor event with
electronic sound system/audio equipment use after 10 p.m. to be held May 5, 6, and 7,2016
at 3665 Sibley Memorial Highway.
J. It was recommended to approve a Final Plat (Central Park Commons 3rd Addition), to create
two lots upon approximately 5.3 acres located northwest of Yankee Doodle Road and Pilot
Knob Road, and to approve a Final Planned Development for a cluster of seven buildings
(the Central Park Commons "Village") on 4.1 acres for commercial retail uses including
restaurants, a bank, drive-through service, and outdoor patio uses and on -sale liquor, upon
Lot 1, Block 1, Central Park Commons 3rd Addition.
K. It was recommended to approve a Final Planned Development for a free-standing building
containing a restaurant and drive-through service upon Lot 2, Block 1, Central Park
Commons 3rd Addition, located northwest of Yankee Doodle Road and Pilot Knob Road.
L. It was recommended to approve a resolution requesting the Minnesota Commissioner of
Transportation's approval of the revocations and designation of existing street segments on
the City of Eagan's Municipal State Aid (MSA) roadway system.
M. It was recommended to approve a Technical Specialty Consulting Agreement with PSC
Alliance, Inc. for the Specialty Services Category— Communications, and authorize the
Mayor and City Clerk to execute all necessary documents.
N. It was recommended to receive a petition to vacate a sidewalk, trailway and snow storage
easement (Document No. 692806) situated on Outlot A, Cityvue Commons and schedule a
public hearing to be held on May 17, 2016.
0. It was recommended to approve a one year contract extension for Contract 14-14 (Cedar
Grove Parking Garage and Redevelopment District — Facility Management Services) with
Cornerstone Parking, Inc., and authorize the Mayor and City Clerk to execute all related
documents.
P. It was recommended to receive the bid and award Contract 16-16 (Denmark Avenue Rain
Gardens Rehabilitation) to Outdoor Lab Landscape Design, LLC for the bid in the amount of
$9,947.00, and authorize the Mayor and City Clerk to execute all related documents.
Q. It was recommended to approve a resolution to accept a donation of $200 from the
Minnesota Valley In -Fisherman Club and authorize the Mayor and City Clerk to execute all
related documents.
City Council Meeting Minutes
April 19, 2016
3 page
PUBLIC HEARINGS
Consider an Ordinance Granting a Cable Franchise to
Quest Broadband Services, Inc. d/b/a CenturyLink
City Administrator Osberg introduced the item noting the City's Franchise Attorney Brian Grogan, of
Moss & Barnett, will provide a brief presentation as it relates to the new cable franchise.
Brian Grogan, Moss & Barnett, provided a presentation and overview of the negotiated Franchise and
proposed Findings of Fact.
Tyler Middleton, CenturyLink Vice President of Operations, and Patrick Haggerty, Director of Regulatory
Affairs, were available for questions and stated they are very excited to be here in the City of Eagan.
Communications Director Garrison provided concluding remarks.
Mayor Maguire opened the public, there being no public comment, he turned the discussion back to the
Council.
The Council discussed the cable franchise. Mayor Maguire stated he is very pleased that CenturyLink is
in a position to offer consumers more choices and options in the marketplace and driving the
competition. Bakken stated he is excited to see the opportunities afforded by the new franchise and the
new structure.
Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt a resolution
containing recommended findings of fact regarding an Ordinance granting a Cable Franchise to Qwest
Broadband Services, Inc, d/b/a CenturyLink. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt Ordinance Number
552 granting a Cable Franchise to Qwest Broadband Services, Inc., d/b/a Century Link. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt the summary of
Ordinance Number 552 and direct it to be published. Aye: 5 Nay: 0
Variance — Cliff Retail, LLC
City Administrator Osberg introduced the item noting the 1.8 acre parcel was platted in July of 1988.
The City Council is being asked to consider a 10' variance to the required 20' parking/drive aisle setback
from public right-of-way for property located at 2105 Cliff Road.
City Planner Ridley gave a staff report and provided a site map.
Steve Johnson, Solomon Real Estate Group, provided an exhibit of the proposed remodel of the retail
building and gave a summary of the request.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a 10' Variance to
the required 20' parking/drive aisle setback from public right-of-way for property located at 2105 Cliff
Road, subject to the following conditions: Aye: 5 Nay: 0
City Council Meeting Minutes
April 19, 2016
4 page
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the Council. Such
extension shall be requested in writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
2. The applicant shall include a Landscape Plan, acceptable to City staff, to enhance the plant
material on site and between the new service doors and Scott Trail as part of the Building
Permit submission.
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
There were no new business items to be heard.
LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:20
p.m. Aye:5 Nay:0
Date
Mayor
City Clerk
Agenda Information Memo
May 3, 2016 Eagan City Council Meeting
CONSENT AGENDA
B. Personnel Items
ITEM 1
Action To Be Considererd:
Accept the resignation of Jon Hohenstein, Community Development Director.
Facts:
Jon Hohenstein is retiring after 26 years of service to the City of Eagan.
Future recognition date to be determined.
Attachment (1):
Resignation Letter
ITEM 2
Action To Be Considered:
Authorize the hiring of Jill Hutmacher for the position of Community Development Director.
Facts:
The process to hire a new Community Development Director began in February 2016,
following the retirement announcement of the current director, Jon Hohenstein.
The City received 33 applications for the position.
The City interviewed ten candidates in the first round of interviews, and followed up with five
candidates interviewed in the second round.
The City Council interviewed two finalists for the position on April 26, 2016, and
recommended an offer be extended to Jill Hutmacher.
Ms. Hutmacher is currently serving as the Community Development Director in Arden Hills
Previously, she worked as the Bloomington Port Authority’s Development Manager and Acting
Administrator.
Ms. Hutmacher has passed the background check and has accepted the City’s offer to be the
next Community Development Director. Her anticipated start date is May 31, 2016.
ITEM 3
Action To Be Considered:
Approve the hiring of Eric Edwardson, Finance Intern.
Facts:
This position was approved in the 2016 budget.
ITEM 4
Action To Be Considered:
Approve the changes to the Health Care Savings Plan as indicated in the attached document.
Facts:
The City of Eagan is required to review the plan design of the Health Care Savings Plan, per the
Minnesota State Retirement System on a regular basis.
Each employee group met and voted on each plan design and each employee group is in
agreement with the proposed changes.
Attachment (1)
HCSP Policy Revisions
ITEM 5
Action to Be Considered:
Authorize the termination of John Kromschroeder, Eagan Community Center Custodian, and authorize
replacement of the position
Facts:
Termination is recommended for violation of City policy. The recommended termination has
been confirmed and advised by the City’s labor attorney.
INFORMATIVES:
PT Temporary HR/Recruitment Specialist: Dawn Brown
City Council approved hiring for this position on March 2, 2016
E-TV Programming/Production Assistant: Hallie Boston
City Council approved hiring for this position on April 19, 2016
SECTION FORTY-TWO
CITY OF EAGAN
HEALTH CARE SAVING PLAN
Current Plan Design effective April 29, 2016 — April 28, 2018
Proposed Revisions, City Council to review on May 3, 2016
Regular employees of the City of Eagan who have an employment status as a full time regular
employee scheduled to work at least 30 or more hours per week, may participate in a Health Care
Savings Plan (HCSP) as members of specific employee groups.
42.1 The specific groups are:
Department Directors:
City Administrator, Assistant City Administrator, Director of Communications, Finance
Director, Manager of Human Resources, Director of Parks and Recreation, Director of
Community Development, Director of Public Works, Chief of Police, and Fire Chief
Entry Level Support Roles:
FLSA Non -Exempt Non -Collective Bargaining Employees, Levels 6 who hold roles related to
the following functions:
Guest Services, Community Service, Administrative and Office Support and Office
Coordination, Custodial and Building Maintenance
Technicians Group 1:
FLSA Non -Exempt Non -Collective Bargaining Employees, Levels 7 9 who hold roles related to
the following technician related functions:
Executive Assistance, Community Property/Code enforcement inspections, entry level
accounting and GIS, Crime Prevention.
Technicians Group 2:
FLSA Non -Exempt Non -Collective Bargaining Employees, Levels 10 11 who hold roles related
to the following:
Inspectors including but not limited to; building inspections, engineering technicians,
information technology, analysts, and technical specialists.
Coordinators:
FLSA Exempt Non -Collective Bargaining Employees, Levels 7 9 hakHng the role of
coordinating.
Professionals:
FLSA Exempt Non -Collective Bargaining Employees, Level 10 ", holding the roles of
communications, marketing, supervising, accounting, planning.
Supervisors:
FLSA Exempt Non -Collective Bargaining Employees, Level 12 holding the roles of supervision.
Managers and Superintendents:
FLSA Exempt Non -Collective Bargaining Employees, Levels 13 16 holding the roles of
management and administration.
Collective Bargaining Units:
(Contributions of those represented by a collective bargaining unit are described within each
labor contract.)
Clerical Collective Bargaining Unit
Public Works/Parks Maintenance Collective Bargaining Unit
Police Collective Bargaining Unit
Sergeants' Collective Bargaining Unit
42.2 Each group will separately determine whether the group wishes to participate in a HCSP.
42.3 If a group chooses to participate, the group will determine the standard amount and type
of contribution every employee in that group will make.
42.5.1 Positions required to participate in the Department Director Work Group HCSP
Program include: City Administrator, Assistant City Administrator, Director of
Communications, Finance Director, Manager of Human Resources, Director of
Parks and Recreation, Director of Community Development, Director of Public
Works, Chief of Police, and Fire Chief.
42.5.2 Salary Contribution:
Years of
Year 1-5
Year 6-10
Year l l-15
Year 16-20
Year 21+
Service*
Year 1-5
Year 6-10
Year I1-15
Year 16-20
Year 21+
% of salary to be
1%
2%
3%
444-3%
5%
contributed
1%
2%
3%
4%
5%
*Years of Service shall be based on years of participation in a public retirement system, which
will be determined by the employee and the Manager of Human Resources upon being hired.
A department director's salary contribution will commence upon hire. An adjustment
to an increased salary contribution will be made in Tamar -y of the yeaf i ,[-hie n
department direetor's public retirement system takes plaeo (e.g. if
do ,v, ,.nNft a;N n� ,N�� 15 �:�.n::'o n h] o�;No,,,o„t systemeeetws T
une o
2006 he/she will
be egin4Qi4i t th0 � Fl�l[Ie]N !lT C eN[lt p and
thus
will
make
n nnlnti [i
contribution of 4 l.o..;,,,,;fig ;l-, „-o-200 On or about the department
director's anniversary date with the City of Eagan.
42.5.3 Severance: If a department director voluntarily separates from the City, a
contribution of 100% of severance pay shall be allocated to the HCSP. (Severance
shall be defined as per Section 14.7 of the Personnel Policy)
42.5.4 Vacation: If a department director voluntarily separates from the City, a
contribution of 100% of unused vacation shall be allocated to the HCSP.
42.5.5 Plan Provisions: This group's HCSP shall be reviewed by the group every two
years.
42.6.1 Positions required to participate in the Entry Level Support Roles Work Group
HCSP Program include: Guest Services, Community Service, Administrative and
Office Support and Office Coordination, Custodial and Building Maintenance
42.6.2 Salary Contribution:
Ye-af of
service—*
Year 1 9
yea -F 10
4-9
Year 20 25
Yom-=
Years of
Year 1-5
Year 6-10
Year I1-15
Year 16-20
Year 21+
Service*
% of salary to
1%
2%
3%
4%
5%
be contributed
42.6.3 Severance: When an employee in this group voluntarily separates from the City,
a contribution of the following appropriate amount of severance will be allocated
to the Health Care Savings Plan. (Severance shall be defined as per Section 14.7
of the Personnel Policy).
Years of Service*
Year 1-4
Year 5-15
Year 16+
% of severance to be
allocated
0%
50%
100%
*Years of service shall be based on the total number of years that an employee has worked for
the City of Eagan. Year 1 begins on the first day of employment at the City of Eagan.
a. An adjustment to an increased contribution percentage will be made based on the
employee's anniversary date (first day of employment at the City of Eagan). For
example, if an employee's 15th anniversary at the City occurs on June 20, 2006,
he/she will be beginning the 16th year of employment on that date, and thus 100%
of the employee's severance, upon separation, would be allocated to the HCSP
from June 20, 2006 and forward.
42.6.4 Vacation contribution:
Years of
Year 1-4
Year- 5 15
Yeaf 16 24
2-5-+
Service*
% of vacation to
0%
2"0
-51 e
X001%
be allocated
Years of Service*
Year 1 —4
Years of service 5+
% of vacation to be allocated
0%
100%
*Years of service shall be based on the total number of years that an employee has worked for
the City of Eagan. Year 1 begins on the first day of employment at the City of Eagan.
a. An adjustment to an increased contribution percentage will be made based on the
employee's anniversary date (first day of employment at the City of Eagan). For
example, if an employee's 15th anniversary at the City occurs on June 20, 2006,
he/she will be beginning the 16th year of employment on that date, and thus 50% of
the employee's vacation, upon separation, would be allocated to the HCSP from June
20, 2006 and forward.
42.6.5 Plan Provisions: This group's HCSP shall be reviewed by the group every two
years.
42.7.1 Positions required to participate in the Technicians Group 1 Work Group HCSP
Program include Executive Assistance, Community Property/Code enforcement
inspections, entry level accounting and GIS, Crime Prevention
42.7.2 Salary Contribution:
Veiw of Seiwiee
Year 0-3
z ea -r--
Year 11-19
Year 20+
Year -6+
Definition
2.5%
r,,,,,,,,,., ees
through the -5a'
upon hire
-yeas e€
% of salary to be contributed
r,,,,,,,,,.,,eing the 6 year-
serviee and beyond.
Commencing
Commencing
sezw4ee:
completing 3
4 yrs of
O/_ of salary to be
eontributed
20 yrs of
1.5%
yrs of service
service to
2.50,16
Proposed:
Years of Service
Year 0-3
Year 4-10
Year 11-19
Year 20+
1.5%
2.5%
3.0%
4.0%
% of salary to be contributed
Upon hire to
Commencing
Commencing
Commencing
completing 3
4 yrs of
11 yrs of
20 yrs of
yrs of service
service to
service to
service and
completing 10
completing 19
beyond
yrs of service
yrs of service
42.7.3 Severance: If an employee in this group voluntarily separates from the City, a
contribution of 100% of severance will be allocated to the Health Care Savings
Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy)
42.7.4 Upon voluntary separation, 100% of unused vacation balance shall be allocated to
the HCSP.
42.7.5 Plan Provisions: This group's HCSP shall be reviewed by the group every two
years.
42.8.1 Positions required to participate in the Technicians Group 2 Work Group HCSP
Program include: Inspectors including but not limited to; building inspections,
engineering technicians, information technology, analysts, and technical
specialists.
42 8:2 Salary Contribution: 2-% 3% -of an employee's gross salary will be allocated to
the Health Care Savings Plan (HCSP) upon hire.
42.8.3 Severance: If an employee in this group voluntarily separates from the City, a
contribution of 100% of severance will be allocated to the Health Care Savings
Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy)
42.8.4 Upon voluntary separation, 100% of unused vacation balance shall be allocated to
the HCSP.
42.8.5 Plan Provisions: This group's HCSP shall be reviewed by the group every two
years.
42.9.1 Positions required to participate in the Coordinators Work Group HCSP Program
include: FLSA Exempt Non -Collective Bargaining Employees, holding the role of
coordinating.
42.9.2 Salary Contribution: ror:^' 1% of earnings per pay period will be
deducted from each employee's pay check (pre-tax) and allocated to the Health
Care Savings Plan (HCSP) upon hire.
42.9.3 Severance: If an employee in this group voluntarily separates from the City, a
contribution of 100% of severance will be allocated to the Health Care Savings
Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy)
42.9.4 Upon voluntary separation, 100% of unused vacation balance shall be allocated to
the HCSP.
42.9.5 Plan Provisions: This group's HCSP shall be reviewed by the group every two
years.
42.10 Professional
42. 10. 1 Positions required to participate in the Coordinators Work Group HCSP Program
include: FLSA Exempt Non -Collective Bargaining Employees, holding the roles
of communications, marketing, supervising, accounting, and planning.
42.10.2 Salary Contribution:
Years of Service*
Year 0 -10
Year 11-20
Year 21+
% of salary to be
contributed
1.5%
2.0%
3.0%
42.10.3 Severance: If an employee in this group voluntarily separates from the City, a
contribution of 100% of severance will be allocated to the Health Care Savings
Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy)
42.10.4 Vacation: If an employee in this group voluntarily separates from the City, a
contribution of -5"0 100% of unused vacation time at the time of separation
from the City will be allocated to the Health Care Savings Plan.
42.10.5 Plan Provisions: This group's HCSP shall be reviewed by the group every two
years.
42.11.1 Positions required to participate in the Coordinators Work Group HCSP Program
include: FLSA Exempt Non -Collective Bargaining Employees, holding the roles
of supervision.
42.11.2 Salary Contribution: An employee's gross salary per pay period will be
allocated to the HCSP as indicated below.
Year of Service*
Year 1-10
Year 11-19
Year 20-29
Year 30+
% of salary to be
contributed
1.0%
2.0%
�e-3.0%
4.0%
42.11.3 Severance: If an employee in this group voluntarily separates from the City, a
contribution of 100% of severance will be allocated to the Health Care Savings
Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy)
42.11.4 Vacation: If an employee in this group voluntarily separates from the City, a
contribution of 100% of unused vacation time at the time of separation from the
City will be allocated to the Health Care Savings Plan.
42.11.5 P-lan.Provisions: This group's HCSP shall be -reviewed by the group every two
years.
,42,12 1VIanagpr`s and=S uperiU.ntencents
42.12.1 Positions required to participate in the Managers and Superintendents Work Group
HCSP Program includes: FLSA Exempt Non -Collective Bargaining Employees, holding the
roles of management and administration.
42.12.2 Salary Contribution:
Year of service*
Year 0-10
Year 11-14
Year 15-19
Year 20+
Definition
Commencing upon
Commencing the
Commencing the
Commencing the
hire through the
l lth yr of service
15th yr of service
20th yr of service
I Ota' yr of service.
through the 14t" yr
through 19tt' yr of
and beyond.
of service.
service.
% of salary to be
1.5%
2.5%.
4%
5.5-0K 6%
contributed
*Years of service are based on the total number of years that an employee has worked for
the City of Eagan, regardless of previous job classifications. The HCSP contribution
begins the 1St of the month, following 30 days of service.
An adjustment to an increased salary contribution will be made on or about the
employee's anniversary date in which the employee completing 10 years of service, 14
years of service, and 19 years of service. and 24 years of ser-viee
42.11.3 Severance: If an employee in this group voluntarily separates from the City, a
Contribution of 100% of severance will be allocated to the Health Care Savings
Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy)
42.11.4 Vacation: If an employee in this group voluntarily separates from the City, a
Contribution of 100% of unused vacation time at the time of separation from the
City will be allocated to the Health Care Savings Plan
42.11.5 Plan Provisions: This group's HCSP shall be reviewed by the group every two
years.
Revised April 2016
Agenda Information Memo
April 19, 2016 Eagan City Council Meeting
CONSENT AGENDA
C. Ratify Check Registers
Action To Be Considered:
To ratify the check register dated April 8 and 15, 2016 as presented.
Attachments: (2)
CC -1 Check register dated April 8, 2016
CC -2 Check register dated April 15, 2016
Agenda Information Memo
May 3, 2016, 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:
➢ Agreement Relating to Paying Agency, Registrar and Transfer Agency with US
Bank for General Obligation Capital Improvement Bonds, Series 2016A
➢ Contract with Minnesota Native Landscapes, Inc. for work within Moonshine
Park
➢ Arts and Cultural Heritage Library Legacy Agreement with Metropolitan Library
Service Agency for providing art class sessions at Dakota County Libraries
➢ Volunteer Photography Partnership Agreement with Minnesota Valley
Photography Club for photography services
➢ Vendor Agreement with Bollywood Dance Scene & DJ for entertainment at
Market Fest
➢ Agreement with The Upper Mississippi River Cajun Band for entertainment at
Lake Fest
➢ EBT and Market Bucks Initiative Summer Agreement with Hunger Solutions
Minnesota for matching EBT and Market Bucks funds
Attachments: (0)
The contracts are available from the City Clerk's Office.
Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
CONSENT AGENDA
E. Approve Change Order #3 for Contract 15-10, Old Town Hall Repairs and Renovation
Action To Be Considered:
Approve Change Order No. 3 to Contract No. 15-10, Old Town Hall Repairs and Renovation, and
Authorize the Mayor and City Clerk to execute all related documents.
Facts:
➢ Contract 15-10 provides for the repairs and renovation of Old Town Hall.
➢ On August 3, 2015, the City Council awarded the base bid for Contract 15-10 to Parkos
Construction.
➢ Change Order No. 3 provides for:
• Additional labor and product costs associated with interior painting: ADD: $3,000
➢ The cost of the additional work is consistent with bid prices received for relevant bid items on
other projects within the city and region.
➢ The change order provides for an additional cost of $3,000 (.01% of the original contract). The
cost of the additional work under the change order will be the responsibility of the Community
Investment Fund.
➢ The change has been reviewed by the Government Buildings Division and the City's consultant,
Mohegan Hansen Architects, and found to be in order for favorable Council action.
➢ This is the final change order anticipated as the project is nearly completed, with one or two
"punch list" items remaining. Those items will be completed in the coming weeks.
Attachments: (0)
Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
CONSENT AGENDA
F. Approve Action to not waive the monetary limits on municipal tort liability
Action To Be Considered:
To approve action to not waive the monetary limits on municipal tort liability.
Facts:
➢ Each year at the time of the renewal of the City's property/casualty insurance
policies, the City Council is asked by the League of Minnesota Cities Insurance
Trust (LMCIT) to take formal action to "waive" or "not waive" the statutory tort
limits to the extent of the insurance coverage being purchased.
➢ Minnesota Statutes provide the maximum liability of any municipality on any
claim to be $500,000 when the claim is for death by wrongful act or omission
and $500,000 to any claimant in any other case and $1,500,000 for any number
of claims arising out of a single occurrence. These limits do not cover MN
Statutory Liquor and Federal Laws (civil rights and disabilities).
➢ The City is annually provided an option to purchase excess liability coverage, in
effect raising the statutory limits. However, because the statutory limits have
been upheld in numerous court cases and because of the relatively high
premium costs, Eagan has chosen over the past number of years not to purchase
any excess liability coverage.
➢ Choosing not to waive the statutory tort limits means that an individual claimant
could potentially recover no more than $500,000 on any claim to which the
statutory tort limits apply. The total that all claimants could potentially recover
for a single occurrence to which the statutory tort limits apply would be limited
to $1,500,000.
➢ Staff has not done a survey, but in discussing the issue with the City's insurance
agent there does not appear to be a consistent conclusion reached by the
various cities insured by the LMCIT as to either purchase excess liability coverage
and/or to waive or not waive the tort limits. Individual City philosophies and
financial situations are most important in informing the decision. While staff has
not requested a complete legal analysis of the issue, the City Attorney sees the
decision to waive or not waive the tort limits as a matter of public policy for the
City Council to decide.
Attachments: (0)
Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
CONSENT AGENDA
G. Approve Premise Permit for the Eagan High School Football Booster Club to
conduct lawful gambling at Fiesta Cancun Mexican Grill & Bar, 4250 Lexington
Avenue Suite 111
Action To Be Considered:
To adopt a resolution approving a Premise Permit for the Eagan High School Football
Booster Club to conduct lawful gambling at Fiesta Cancun Mexican Grill & Bar, 4250
Lexington Avenue Suite 111
Facts:
➢ Peter Busch, Gambling Manager of the Eagan High School Football Booster Club,
has applied for a premise permit to conduct a lawful gambling operation at
Fiesta Cancun Mexican Grill & Bar, 4250 Lexington Avenue Suite 111.
The Police Department conducted a background investigation of the gambling
manager and found no reason to deny the application.
Attachments: (1)
CG -1 Resolution
RESOLUTION NO. _
CITY OF EAGAN
PREMISE PERMIT FOR THE EAGAN HIGH SCHOOL FOOTBALL BOOSTER CLUB
TO CONDUCT LAWFUL GAMBLING AT FIESTA CANCUN MEXICAN
RESTAURANT & BAR
WHERAS, the Eagan High School Football Booster Club has applied for a premise
permit for a lawful gambling operation at Fiesta Cancun Mexican Restaurant & Bar, 4250
Lexington Avenue Suite 111; and
WHEREAS, the Eagan Police Department has reviewed the application and has not
identified any reason to deny; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota
County, Minnesota, hereby approved the Eagan High School Football Booster Club application
for a premise permit at Fiesta Cancun Mexican Restaurant & Bar, 4250 Lexington Avenue Suite
111.
Motion by:
Seconded by:
Those in favor:
Those against:
Date: May 3, 2016
CERTIFICATION
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3`d
day of May, 2016.
City Clerk
Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
CONSENT AGENDA
H. Approve Exempt Permit for the Minnesota Farm Bureau Federation to hold a
raffle on September 15, 2016 at 3080 Eagandale Place
Action To Be Considered:
To adopt a resolution approving an Exempt Permit for the Minnesota Farm Bureau
Federation to conduct a raffle on September 15, 2016 at 3080 Eagandale Place.
Facts:
➢ The Minnesota Farm Bureau Federation has applied for an Exempt Permit with
the Gambling Control Board to hold a raffle as listed above.
All requirements for the application have been met and staff deems it in order
for approval.
Attachments: (1)
CH -1 Resolution
RESOLUTION NO. _
CITY OF EAGAN
APPLICATION FOR EXEMPT PERMIT
MINNESOTA FARM BUREAU FEDERATION
WHERAS, the Minnesota Farm Bureau Federation has applied for an Exempt Permit to
conduct a raffle on September 15, 2016; and
WHEREAS, the Eagan Police Department has reviewed the application and has not
identified any reason to deny; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota
County, Minnesota, hereby approved the Exempt Permit for the Minnesota Farm Bureau
Federation to conduct a raffle on September 15, 2016 at 3080 Eagandale Place.
Motion by:
Seconded by:
Those in favor:
Those against:
Date: May 3, 2016
CERTIFICATION
CITY OF EAGAN,
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd
day of May, 2016.
City Clerk
Agenda Information Memo
May 3, 2016jagan City Council Meeting
CONSENT AGENDA
I. Direct preparation of an ordinance amendment to City Code Chapter 9
regarding impounding and removing vehicles
Action To Be Considered:
To direct preparation of an ordinance amendment to City Code Chapter 9 regarding
impounding and removing vehicles.
Facts:
State Statute provides limited authority for the City to tow and impound vehicles
under certain circumstances.
➢ City Code Chapter 9 does not conform to the current statutory provisions for
towing and impounding vehicles and references Statutes no longer in existence.
➢ The proposed ordinance amendment is a housekeeping item to bring City Code
into conformance with State Statute.
Attachments: (0)
Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
CONSENT AGENDA
J. Direct preparation of an ordinance amendment to City Code Chapter 5
regarding on -sale alcohol license setback requirements
Action To Be Considered:
To direct preparation of an ordinance amendment to City Code Chapter 5 regarding on -
sale alcohol license setback requirements.
Facts:
➢ City Code Chapter 5 states on -sale alcohol licenses may not be granted to
establishments that are within 200 feet of a church, school or daycare, except
when both uses are located within the same planned development.
➢ The City Council received a request from a restaurant owner to remove the 200 -
foot daycare setback requirement.
A survey of nine other Dakota County cities found one other city requires a
setback from daycares.
➢ The proposed ordinance amendment would remove the setback requirement for
daycares from the on -sale alcohol license regulations.
➢ Additional information will be provided when the ordinance amendment is
before Council for consideration.
Attachments: (0)
Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
CONSENT AGENDA
K. Approve Show License for Herpetorama, Inc. doing business as Repticon at the
Eagan Community Center on May 14 and May 15, 2016 and September 17 and
18, 2016
Action To Be Considered:
To approve a Show License for Herpetorama, Inc. doing business as Repticon at the
Eagan Community Center on May 14 and May 15, 2016 and September 17 and 18, 2016
Facts:
➢ Herpetorama, Inc. has rented rooms at the Eagan Community Center to hold two
exotic reptile shows, called Repticon. Herpetorama, Inc. has applied for a Show
License for May 14 and 15, 2016 and September 17 and 18, 2016.
➢ All application materials have been submitted and reviewed by staff. No reason
was found to deny the application.
Attachments: (0)
Agenda Information Memo
May 3, 2016 Eagan City Council Meeting
Consent Agenda Item
L. Approve the Purchase Agreement with GLG Properties ("Gertens") for the sale of Outlot I,
Gopher Industrial Park 2nd Addition and direct the Advisory Planning Commission to review
the Conveyance as to Compliance with the City's Comprehensive Plan
Actions to Be Considered:
Approve the Purchase Agreement with GLG Properties ("Gertens") for the sale of Outlot I, Gopher
Industrial Park 2nd Addition and to direct the Advisory Planning Commission to review the conveyance
as to compliance with the City's Comprehensive Plan.
Facts:
➢ The City owns approximately 12.41 acres of vacant property located just north and west of the
intersection of Yankee Doodle Road and Elrene Road, known as Outlot I, Gopher Eagan
Industrial Park 2nd Addition.
➢ The City acquired this property as a result of a 2 -step process. Initially, the City acquired three
parcels of land which were owned by the State of Minnesota, due to tax forfeiture. The City's
acquisition complied with State law regarding the disposal of tax forfeiting properties. In
consideration of an agreement to use the parcels solely for park and open space purposes, the
City was able to acquire the parcels at no cost.
➢ The 2nd step in its acquisition involved the need for special legislation. Under Minnesota law, the
failure by the City to use the parcels for which they were acquired, in this case, park and open
space, would cause the ownership of the properties to revert to the State. Gopher Smelting was
interested in acquiring a portion of the tax forfeited properties and was willing to convey land
contiguous to the tax forfeited properties to the City in an exchange. Special legislation
authorized the City to convey a portion of the tax forfeited property to Gopher Smelting on the
conditions the land Gopher Smelting conveyed to the City be burdened by the same public park
or open space requirement.
➢ Subsequent Special Legislation also granted the City authority to use the land as a co -location
telecommunication facility, in addition to continued use for public park or open space.
➢ Under State Law City could request removal of the use restrictions from the Dakota County
Board, which oversees the tax forfeited lands in the County. Should the County Board agree to
remove the restrictions, an appraisal of Outlot I would be required to determine its fair market
value. Upon payment of the market value for Outlot I, as determined by the County Board, the
State would release the restrictions on use.
➢ The City was approached by Gerten's to consider the sale of Outlot I for its use as a yard waste,
eco site, to ensure the continued operation of their facility, which is currently located to the east
of the parcel owned by the City.
➢ At its meeting on February 2, 2016 the City Council approved a Resolution to Request County
Approval to remove the use restrictions on Oulot I, Gopher Eagan Industrial Park 2nd Addition,
and approved a Memorandum of Understanding to negotiate the sale of the property to GLG
Properties ("Gerten's").
➢ On April 5, The Dakota County Board of Commissioners approved the release of the use
restrictions and set the Appraised Market Value at $784,000.
➢ The City attorney has prepared a purchase agreement, which has been signed by GLG
Properties, that provides for the conveyance of Outlot I. GLG is responsible for all costs to
obtain title to the property (including payment to the County) in exchange for an agreement to
keep the property available for public use as a yard waste, eco -site for ten years.
➢ The purchase by GLG Properties is conditioned upon the City undertaking to amend its current
land use regulations to allow a yard waste, eco -site to be conducted upon Outlot I as a
conditional use. Amendments will be required to the City's Comprehensive Guide Plan and
zoning ordinance.
Attachments: (2)
CL -1 Location Map
CL -2 Purchase Agreement
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PURCHASE AGREEMENT
This Agreement is made effective as of the — day of
, 2016, (the "Effective Date") by and between the City of
Eagan, a Minnesota municipal corporation (the "Seller"), and GLG
Properties, a general partnership under the laws of the State of Minnesota,
(the "Buyer").
WHEREAS, the Buyer desires to purchase real property legally
described as Outlot I, Gopher Eagan Industrial Park 2nd Addition, Dakota
County, Minnesota (hereinafter referred to as the "Property") from the
Seller for Buyer's intended use as set forth on Exhibit "A" attached hereto
and incorporated herein (hereinafter "Buyer's Intended Use"), and Seller is
willing to sell the Property to Buyer upon the terms and conditions
contained herein;
NOW, THEREFORE, in consideration of the mutual covenants and
promises herein contained, and the payment by Buyer of the earnest
money deposit stated below, the receipt and sufficiency of which are
hereby acknowledged by Seller, the parties hereto agree as follows:
1. PURCHASE PRICE. The purchase price to be paid by Buyer to Seller
for the Property shall be an amount equal to the market value of the
Property as determined by the Dakota County Board of Commissioners,
Seven Hundred Eighfy-Four Thousand and No/100 Dollars ($784,000.00)
(the "Purchase Price"), payable as follows:
1.1 Forty Thousand and 00/100 Dollars ($40,000.00) cash (the
"Earnest Money"), which is herewith deposited with Commercial Partners
Title (the "Title Company") to be held by Title Company and credited or
disbursed in accordance with the provisions hereof. Unless refunded or
paid as otherwise provided herein, at closing, the Earnest Money, and all
interest accrued thereon, shall be paid to Seller and credited against the
Purchase Price; and
1.2 The balance of the Purchase Price, subject to prorations and
adjustments set forth in this Agreement, on or before July 15, 2016 (the
"Closing Date") by wire transfer of immediately available funds.
2. TITLE AND SURVEY.
2.1. Title Examination. Buyer shall obtain the title services
determined necessary or desirable by Buyer or Buyer's lender, including
but not limited to title searches; title examinations, abstracting, a title
insurance commitment, title insurance policies or an attorney's title
opinion, at Buyer's sole cost and expense.
2.2 Survey. Buyer shall obtain any survey deemed necessary or
desirable by Buyer, at its sole cost and expense.
2.3 Title Objections; Cure of Title Objections. Buyer shall have ten
(10) business days after receipt of any title commitment, title opinion or
update or supplement thereof to notify Seller, in writing, of such objections
as Buyer may have to anything contained in such document which
makes title uninsurable (the "Objections"). If Buyer does not provide
notice of any Objections within such time period, Buyer shall no longer
have any right to make such Objections under this Section. Upon receipt
of Buyer's written notice of Objections, Seller shall have sixty (60) days to
cure any such Objections, in Seller's sole discretion, during which time the
Closing shall be extended as necessary.
If Seller does not cure the Objections within such cure period, Buyer may,
at its sole discretion, do one or more of the following:
a. Waive the Objections, accept title subject to the
Objections, and proceed to Closing, in which case the
parties shall remain obligated to perform pursuant to
the terms of this Agreement, with no reduction of
Purchase Price; or
b. Terminate this Agreement as provided in Section 11.1.
2.4 Buyer's Consent to Encumbrances. Buyer acknowledges and
agrees that the Property shall be subject to the following encumbrances,
and Buyer hereby waives objection to such encumbrances:
a. Driveway. Buyer acknowledges that the adjacent
parcel legally described as Outlot H, Gopher Eagan
Industrial Park 2nd Addition, Dakota County, Minnesota
("Outlot H") obtains access to a public street over a
driveway located on the Property.
b. Conservation Easement. At Closing, Buyer shall execute
and deliver to Seller a Conservation Easement in the
form attached hereto as Exhibit "B". The Buyer shall be
responsible for the cost of recording the Conservation
Easement.
-2-
C. Required Use. The limited warranty deed shall establish
a condition subsequent in the form attached hereto as
Exhibit "C".
3. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
3.1 Real estate taxes payable in the years prior to closing
(including real estate taxes payable in 2015, if any) and any and all Green
Acres taxes and assessments, if any, shall be paid by Seller on or before
the Closing Date.
3.2 Real estate taxes due and payable in and for the year of
closing, if any, shall be pro -rated between the Seller and the Buyer as of
the Closing Date.
3.3 Seller shall have paid on or before the Closing Date all
installments of special assessments certified for payment with the real
estate taxes due and payable in the year of closing, if any.
3.4 Seller shall pay on the Closing Date all other special
assessments levied as of the date of this agreement, if any.
3.5 Buyer shall assume and pay special assessments levied after
the date of this agreement.
3.6 There are no public improvements (water, sewer, sidewalk,
street, alley, curbing, etc.) affecting the Property which have been
commenced or completed by the City of Eagan prior to the date of this
Agreement and for which assessment may be levied against the Property
after the date of this Agreement. If a special assessment becomes
pending after the date of this Agreement and before the date of closing,
Buyer may, at its option;
a. Assume payment of the
without adjustment to
property; or
pending special assessment
the Purchase Price of the
b. Terminate this Agreement as provided in Section 11.1.
3.7 Seller shall pay any deferred real estate taxes or special
assessments, if any, payment of which is required as a result of the closing
of this sale.
-3-
3.8 Buyer shall pay real estate taxes due and payable in the year
after closing (2017) and thereafter and any unpaid special assessments
payable therewith and thereafter, the payment of which is not otherwise
provided for herein.
4. BUYER'S REPRESENTATIONS.
Buyer hereby makes the following representations to Seller which shall be
true at the Closing as if such representations were made at such time:
4.1 Buyer acknowledges and agrees that except as otherwise
expressly provided in this Agreement and the Seller's closing documents
enumerated in Section 8.1, the Property shall be conveyed on the Closing
Date in its "as -is" and "where is" condition, with no express or implied
warranties of any nature by Seller, as to the Property, its condition, or the
condition or status of any improvements thereon.
4.2 Buyer acknowledges and represents that neither Seller, nor
any of Seller's City Council members, officials, employees, agents,
representatives or attorneys have made any warranties, representations
or statements regarding the Property, including the comprehensive plan,
zoning, development, occupancy, condition and/or use of the Property
except as contained within this Agreement and the Seller Closing
Documents,
4.3 Buyer further agrees and acknowledges that, as of the
Closing Date, Buyer shall have made such feasibility studies, physical,
environmental, legal and economic investigations, environmental studies,
engineering studies, inquiries of governmental officials, and all other
inquiries and investigations, which Buyer shall deem necessary to satisfy
itself as to the condition, nature and quality of the Property and as to the
suitability of the Property for Buyer's Intended Use.
5. SELLER'S REPRESENTATIONS AND WARRANTIES.
Seller hereby makes the following representations and warranties to Buyer
which shall be true at the Closing as if such representations and warranties
were made at such time:
5.1 Litigation. There is no litigation, proceeding, claim or
investigation, pending or, to Seller's knowledge, threatened against or
relating to the Property or any part thereof, which would adversely affect
the Property or its value or might result in a materially adverse effect on
the development or use of the Property:
-4-
5.2 Condemnation. There are no condemnation or eminent
domain proceedings which have been commenced, and Seller has no
knowledge of any pending or threatened condemnation or eminent
domain proceedings which would affect the Property or any part thereof.
5.3 Enforceability. The Property is subject to a restriction that the
Property shall revert to the State of Minnesota if it is not used for public
park, open space or data center purposes. However, the Dakota County
Board has approved Seller's request to abandon the authorized public
uses of the Property and to purchase the Property at the market value as
determined by the County Board, free of the use restrictions, for the
anticipated conveyance of the Property to Buyer for use as a Regional
Eco Services facility open to the public for recycling of materials such as
grass, leaves, soft plant material, sod, soil, brush, logs, concrete, gravel,
stone and rock. Subject to the foregoing, neither execution nor delivery of
this Agreement by the Seller nor performance by the Seller will: (i) conflict
with or result in a violation or breach of any law or regulation applicable
to the Seller or the Property or with any order, writ or injunction of any
court or government agency with jurisdiction over the Property or the
Seller; (ii) conflict with or result in a violation or breach of any term or
condition of any contract or agreement to which the Seller is a party and
by which the Property may be affected, nor cause a default thereunder;
nor (iii) result in the creation or imposition of any lien, charge or
encumbrance of any nature whatsoever on the Property pursuant to the
terms of any agreement referred to in subsection (ii) immediately
preceding.
5.4 Access. That the Seller has no knowledge or notice of any
existing facts or conditions that will result in the termination of access from
the Property to existing public roadways and the Seller has no notice or
knowledge of planned or commenced public improvements or other
work that may result in the loss of access to the Property.
5.5 Environmental. To Seller's knowledge, without inquiry or
investigation, no hazardous or toxic substances are now or have ever
been buried or otherwise located on the Property and the Property has
never contained any underground storage tanks. The Seller has not
received and has no knowledge of any pending summons, citation,
directive, letter or other communication, written or oral, from any agency
or department of Dakota County, the State of Minnesota, or the United
States Government concerning any intentional or unintentional action or
omission which resulted in the releasing, spilling, leaking, pumping,
pouring, emitting, emptying or dumping of toxic material, hazardous
-5-
substances or hazardous waste on the Property. To Seller's knowledge,
without inquiry or investigation, the Property is not subject to any
investigation, administrative order, consent order or agreement, litigation
or settlement with respect to any toxic material, hazardous substance or
hazardous waste, pollutant or contaminant.
5.6 Wells/Individual Sewage Treatment Systems. To Seller's
knowledge, without inquiry or investigation, there are no wells (as defined
in Minnesota Statutes § 1031.005, Subd. 21) located on the Property. Seller
shall deliver to Buyer the well disclosure statement required pursuant to
Minnesota Statutes §1031.235, Subd. 1(a). To Seller's knowledge, without
inquiry or investigation, there is no "Individual sewage treatment system"
(as defined in Minnesota Statutes § 115.55, Subd. 1(g)) located on the
Property.
These representations and warranties shall survive Closing of -the
transactions contemplated hereby and shall be true and correct on the
Closing Date; provided, however, any cause of action concerning a
breach of any of said warranties or representations shall be deemed
waived if such action is not commenced within one (1) year of the Closing
Date and, provided further, consummation of this Agreement by Buyer
with actual knowledge of any breach by Seller of the aforesaid
representations and warranties shall constitute a waiver or release by
Buyer of any claim for such breach. Notwithstanding anything to the
contrary contained in this Agreement, Buyer's recovery shall be limited to
the amount of available insurance proceeds and nothing herein shall be
deemed a waiver of Seller's statutory tort limits under Minnesota Statutes
Chapter 466.
6. RIGHT OF ENTRY.
Commencing on the Effective Date and continuing until the
Closing, Buyer, its employees and agents, shall have the right to enter
upon the Property upon reasonable notice and at reasonable times for
inspection and engineering purposes, including the right to make
topographical maps, conduct soil tests, establish boundaries and
complete such other acts pertaining to the inspection of the Property as
may be deemed necessary by the Buyer. Buyer shall pay all expenses
incurred in fulfillment of this right, and Buyer shall hold Seller harmless and
indemnify Seller from and against any and all costs, liens, judgments,
encumbrances or claims of any kind whatsoever resulting from Buyer's
actions hereunder. Buyer and Buyer's employees and agents shall not
cause damage or waste upon the Property and Buyer shall be responsible
for repair of . the Property to its former -status in the event of any such
15111111
damage or waste. Buyer's obligations under this paragraph shall survive
the termination of this Agreement.
7. CONTINGENCIES.
Notwithstanding any contrary provision herein, the obligation of
Buyer to close on the purchase of the Property is contingent upon each of
the following:
7.1 Testing. Buyer, in its sole discretion, shall have determined, at
its sole cost and expense, that it is satisfied with the results of and matters
disclosed by soil tests, well tests, engineering inspections, hazardous waste
and environmental reviews of the Property, all of which shall be obtained
at Buyer's sole cost and expense.
7.2 Government Approvals. Buyer shall have obtained, at its sole
cost and expense, such governmental approvals or adequate assurance
that Buyer deems necessary in Buyer's judgment in order to make use of
the Property for Buyer's Intended Use. [Seller agrees to undertake efforts
to amend the comprehensive plan and rezone the Property in a manner
to allow for Buyer's Intended Use of the Property as a conditional use.]
Buyer, in its sole discretion, shall have determined, at its sole cost and
expense, that all applicable zoning ordinances, building and use
restrictions and codes, and any requirements with respect to licenses,
permits and agreements necessary for the lawful use and operation of the
Property for Buyer's Intended Use, have been or will be issued and
complied with.
7.3 Financing. Buyer shall have obtained financing necessary
and sufficient in Buyer's opinion to implement Buyer's plans for the
purchase of the Property. Such financing shall be acceptable to Buyer in
the Buyer's sole discretion. Buyer shall use its best efforts to obtain said
financing, and Seller agrees to cooperate by providing such information
as shall be reasonably requested by Buyer's financing bank or company.
Prior to Closing, should the Buyer determine in its sole discretion that
any matter described in this Section 7 is not acceptable to Buyer, then the
Buyer may terminate this Agreement as provided in Section 11.1.
-7-
8. CLOSING.
The closing shall be held on the Closing Date at the offices of the
Title Company in Minneapolis, MN or such other location as the parties
mutually agree.
8.1 Seller's Obligations at Closing. At the Closing, Seller shall:
a. Deed. Deliver to Buyer a duly executed limited
warranty deed in recordable form, subject to a condition
subsequent in the form attached hereto as Exhibit "C".
b. Authority. Deliver to Buyer such evidence as Buyer's
counsel and/or the Title Company may reasonably require as
to the authority of the persons executing documents on
behalf of Seller.
C. Seller's Affidavit. Deliver to Buyer an affidavit duly
executed by Seller that on the Closing Date, there are no
outstanding unsatisfied judgments, tax liens or bankruptcies
against or involving Seller or the Property; that there has been
no skill, labor or material furnished to the Property at the
request of Seller for which payment has not been made and
that there are no unrecorded interests in the Property known
to Seller.
d. FIRPTA Affidavit. Deliver to Buyer an affidavit duly
executed by Seller that Seller is not a "foreign person" and
containing such other information as required by Section 1445
of the Internal Revenue Code.
e. Bring -down Certificate. Deliver to Buyer an affidavit
duly executed by Seller that reaffirms the truth and accuracy
of Seller's representations and warranties set forth in this
Agreement as of the Closing Date.
f. IRS Designafion Agreement. Deliver to Buyer an
agreement designating the "reporting person" for purposes
of completing Internal Revenue Form 1099 and, if applicable,
Infernal Revenue Form 8594.
g. Well Certificate. If required by law, deliver to Buyer a
certificate signed by Seller in the form required by law.
51
h. Other Documents. Deliver to Buyer all other documents
reasonably required by the Title Company to consummate
the transaction contemplated by this Agreement.
8.2 Buyer's Obligations at Closing. At Closing, Buyer shall:
a. Purchase Price. Pay to Seller the full amount of the
Purchase Price, as increased or decreased by prorations or
adjustments set forth in this Agreement, by wire transfer of
immediately available funds.
b. Reimburse Seller For City Staff Costs & Attorneys' Fees.
Buyer shall reimburse Seller for all Seller's staff costs, attorneys'
fees and all expenses related to this transaction.
C. Authority. Deliver to Seller such evidence as Seller's
counsel and/or the Title Company may reasonably require as
to the authority of the persons executing documents on
behalf of Buyer.
d. IRS Designation Agreement. Deliver to Seller an
agreement designating the "reporting person" for purposes
of completing Internal Revenue Form 1099 and, if applicable,
Internal Revenue Form 8594.
e. Other Documents. Deliver to Seller all other documents
reasonably required by the Title Company to consummate
the transaction contemplated by this Agreement.
8.3 Closing Costs. Seller and Buyer agree to the payment of costs
in connection with the Closing as follows:
a. Closing Fee. On the Closing Date, Buyer shall pay all
fees and charges imposed by the Title Company or other
closing agent for the Closing.
b. Conveyance Fee. On the Closing Date, the Buyer shall
pay all deed or transfer taxes for the recording of the deed to
be delivered by Seller under this Agreement. The Buyer shall
pay all mortgage registry fax for the recording of any
mortgage associated with Buyer's financing.
C. Recording Costs. Buyer shall pay the cost of recording
all documents necessary to cure Buyer's Objections. Buyer
10
will pay the cost of recording the deed conveying the
Property to Buyer.
d. Other Costs.. Any other costs required to be paid by
Buyer or Seller pursuant to this Agreement not previously paid
by Buyer or Seller prior to Closing.
9. POSSESSION.
Possession of the Property shall be given to Buyer on the Closing
Date and immediately after the closing.
10. BROKERAGE COMMISSIONS.
Seller shall not be obligated for all or any part of any brokerage
commission or facilitation fee contracted for by the Buyer and due
Gonyea Land Company which may be due as a result of the execution
hereof or the consummation of the transaction referred to herein. Buyer
shall pay any such brokerage commission or facilitation fee contracted
for by the Buyer, and hereby agrees to indemnify and save Seller harmless
there from.
Buyer shall not be obligated for all or any part of any brokerage
commission or facilitation fee contracted for by the Seller.
11. TERMINATION.
11.1 Termination by Buyer. Buyer may exercise any right of
termination expressly set forth in this Agreement by giving written notice of
termination to Seller ("Buyer's Termination Notice"). Upon receipt of
Buyer's Termination Notice, Seller shall deliver to the Title Company and
Buyer an itemized statement of (i) Seller's reasonable costs and expenses
related to the Memorandum of Understanding between Seller and Buyer,
the Request referenced therein, and this Purchase Agreement and (ii) the
application of Buyer's $3,000.00 deposit under the Memorandum of
Understanding toward those costs and expenses ("Seller's Statement").
Upon receipt of a copy of Buyer's Termination Notice and Seller's
Statement, the Title Company shall disburse the Earnest Money as follows:
(i) a portion of the Earnest Money equal to the unpaid amount of Seller's
reasonable costs and expenses as set forth in Seller's Statement, if any,
shall be disbursed to Seller; and thereafter (ii) the balance of the Earnest
money shall be disbursed to Buyer. Upon Seller's request in the event of
any such termination, Buyer shall execute a quit claim deed or other
instrument that is acceptable to Seller to memorialize the occurrence and
-10-
effect of such termination. After termination of this Agreement by Buyer,
neither party shall have any further rights or obligations under this
Agreement, except as set forth in this Section or to the extent any rights or
obligations expressly survive such termination.
11.2 Termination by Seller. If the Buyer does not terminate this
Agreement pursuant to a right of termination expressly set forth in this
Agreement, and does not proceed to close this transaction on the
Closing Date, Seller may terminate this Agreement by written notice to
Buyer, in which case (i) the Title Company shall disburse the Earnest
Money to Seller as its liquidated damages, (ii) Buyer shall execute a quit
claim deed or other instrument that is acceptable to Seller to memorialize
the occurrence and effect of such termination, and (iii) neither party shall
have any further rights, duties, obligations or liabilities under this
Agreement except those which expressly survive the termination of this
Agreement.
12. MISCELLANEOUS PROVISIONS.
12.1 Assicinment. This Agreement may not be assigned by either
party without the prior written consent of the other party, in its sole
discretion. This Agreement shall be binding upon and inure to the benefit
of the parties and their permitted successors and assigns.
12.2 Severability. In the event any provision of this Agreement shall
be held to be invalid, unenforceable or in conflict with the law of the
jurisdiction, the remaining provisions of this Agreement shall continue to be
valid, enforceable and not be affected by such holding.
12.3 Waiver. No term or condition of this Agreement will be
deemed waived or amended unless expressed in writing. The waiver of
any condition or the breach of any term will not be a waiver of any
subsequent breach of the same or any other term or condition.
12.4 Nofices. Any notice required or permitted pursuant to this
Agreement shall be in writing and delivered by (a) personal delivery, (b)
reputable overnight delivery service with proof of delivery, (c) United
States mail, postage prepaid, either certified or first class mail, or (d)
facsimile transmission. All notices shall be sent to a party at the address
set forth below, or to such other address or person as the party shall have
designated in writing. Notices shall be deemed given upon the earlier of
the date of actual receipt or (i) at the time of delivery if by personal
delivery, or (ii) as of the date of first attempted delivery if by overnight
delivery or certified mail:
If to Seller: -Dave Osberg
City Administrator
3830 Pilot Knob Road
Eagan, MN 55122
With copies to: Michael G. Dougherty
14985 Glazier Avenue
Suite 525
Apple Valley, MN 55124
If to Buyer: GLG Properties
ATTN: Gino Pitera
5500 Blaine Avenue
Inver Grove Heights, MN 55076
With copies to: Michael G. Kula, P.A.
Attn: Michael G. Kula
1275 St. Clair Avenue
St. Paul, MN 55105
12.5 Third Party Beneficiaries. The provisions of this Agreement and
of the documents to be executed and delivered at Closing are for the
benefit of Buyer and Seller only and are not for the benefit of any third
party. No third party shall have the right to enforce the provisions of this
Agreement or the documents to be executed and delivered at Closing.
12.6 Time of Essence. Time is of the essence of this Agreement.
12.7 Calculation of Time Periods. Except as specifically set forth in
this Agreement, in computing any period of time described in this
Agreement, the day of the act or event after which the designated
period of time begins to run is not to be included and the last day of the
period so computed is to be included, unless such last day is on a
Saturday, Sunday or legal holiday, in which event the period shall run until
the end of the next business day following such Saturday, Sunday or legal
holiday. As used herein, the term "legal holiday" means any state or
federal holiday for which financial institutions or post offices are generally
closed in the state where the Property is located.
12.8 -Governing Law. This Agreement shall in all respects be
interpreted, construed and .enforced according to the laws of the state
where the Property is located.
-12-
12.9 Counterparts. This Agreement may be executed separately
and independently in any number of counterparts and each and all of
which together shall be deemed to have been executed simultaneously
and regarded as one agreement dated the Effective Date. In addition,
the parties intend to deliver execution counterparts of this Agreement by
electronic transmission and acknowledge that they shall be bound upon
the delivery of such a transmission of a copy of executed signature pages.
12.10 Captions. The captions and headings contained in this
Agreement are for convenient reference only and shall not affect the
interpretation of this Agreement.
12.11 Construction. Seller and Buyer and their respective counsel
have reviewed and revised this Agreement. Seller and Buyer
acknowledge that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Agreement.
12.12 Survival. Except to the extent set forth in this Agreement, all
of the terms of this Agreement, including, without limitation, the
representations and warranties contained herein, shall survive and be
enforceable after the Closing and delivery of the deed.
12.13 Entire A.areement/Amendment. This Agreement constitutes
the entire agreement between the parties with respect to the subject
matter herein and fully supersedes all prior written or oral agreements
between the parties with respect to such matters. No other agreement,
statement or promise made by any party and no amendment,
modification or other change of any provision of this Agreement shall be
effective unless in writing signed by the parties.
-13-
IN WITNESS WHEREOF, the parties have duly executed this Purchase
Agreement effective as of the day and year first above written.
SELLER:
City Of Eagan
By: Mike Maguire
Its: Mayor
By: Christina M. Scipioni
Its: City Clerk
-14-
BUYER:
GLG Properties
�//z
Gino Pitera
Its: General Partner
ESCROW AGENT'S VERIFICATION
The undersigned hereby joins in the foregoing Purchase and Sale
Agreement for the purpose of agreeing to perform the obligations of the
Title Company under said Agreement with respect to the maintenance
and disbursement of the Earnest Money. The sole duties of undersigned
shall be those described herein, and the undersigned shall be under no
obligation to determine whether the other parties hereto are complying
with any requirements of law or the terms and conditions of any other
agreement among said parties. The undersigned may conclusively rely
upon and shall be protected in acting upon any notice, consent, order or
other documents believed by it to be genuine and to have been signed
or presented by the proper party or parties. The undersigned shall have
no duty or liability to verify any such notice, consent, order or other
document, and its sole responsibility shall be to act as expressly set forth in
connection with this Agreement unless first indemnified to its satisfaction.
The undersigned hereby acknowledges receipt of the Earnest Money
contemplated in this Agreement in the amount of $40,000.00.
COMMERCIAL PARTNERS TITLE
as
Its:
Escrow Agent
Dated: , 20'
-15-
EXHIBIT "A" TO PURCHASE AGREEMENT
Buyer's Intended Use
The Property shall be used as a Regional Eco Services facility open to the public for
recycling of materials such as grass, leaves, soft plant material, sod, soil, brush, logs,
concrete, gravel, stone and rock (`Buyer's Intended Use") for a period of 10 years.
Without limiting the foregoing, the Property may be used for the following uses:
1. Retail and wholesale sales of landscape supplies and live trees, bushes, and plants
2. Receiving, composting and processing yard waste
3. Receiving tree and brush yard waste for grinding and processing into wood
mulches
4. Soil blending and processing
5. Transloading of landscape supplies by truck
6. Any uses related to any of the above referenced items
Without limiting the foregoing, the Property may be improved as follows, subject to
compliance with the City of Eagan's land use regulations:
1. Grading
2. Paving
3. Lighting
4. Bin Construction
5. Office trailer
6. Storage containers
7. Fencing for security of site
Nothing contained herein shall be construed to waive or limit any restrictions on use of
the Property pursuant to the Conservation Easement.
-16-
EXHIBIT `B" TO PURCHASE AGREEMENT
CONSERVATION EASEMENT
THIS EASEMENT is made this day of , 2016, by
GLG Properties, a Minnesota general partnership (the "Landowner"), in favor of the City
of Eagan, a Minnesota municipal corporation (the "City"),
The Landowner is the fee title holder of property legally described as follows:
Outlot I, Gopher Eagan Industrial Park 2nd Addition, Dakota County, Minnesota
(the "Property").
The Landowner, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, does hereby grant and convey unto the City, its successors and assigns, a
permanent easement for conservation purposes over, under and across that portion of the
Property legally described as follows:
Beginning at the northeast corner of Outlot 1, Gopher Eagan Industrial Park 2nd
Addition, Dakota County, Minnesota; thence westerly along the north line of
Outlot I a distance of 200 feet; thence southeasterly to a point on the east line of
Outlot. I lying 200 feet south of said northeast corner; thence northerly along the
east line of Outlot 1200 feet to the point of beginning.
(the "Easement Area").
See also Exhibit "A" attached hereto and incorporated herein.
The Landowner, for itself and its successors and assigns, covenants and agrees
that it shall not perform or give permission to any third party to perform any of the
following activities within the Easement Area, without the prior written consent of the
City:
-17-
A. Constructing, installing, storing or maintaining anything made by man,
including, but not limited to, buildings, structures, fences, walkways,
clothes line poles and playground equipment;
B. Parking of vehicles;
C. Planting of gardens;
D. Storage of firewood;
E. Clear -cutting or removal of native vegetation or trees; or
F. Altering the grades or the removal of landscaping, except as necessary in
the routine course of maintenance.
The Landowner further covenants and agrees that the general topography of the
Easement Area shall be continued in its present condition and no excavation or change in
the topography shall be allowed, save and except as may be required by any federal, state
or Iocal government agency, other than the Landowner, which have jurisdiction over the
Easement Area, or as authorized in writing by the City as the City shall decide is
appropriate in its sole discretion. The cutting or harvesting of any live tree or other live
vegetative cover shall not be permitted within the Easement Area except as may be
required by any federal, state or local government agency or as authorized in writing by
the City as the City shall decide is appropriate in its sole discretion.
The easement granted herein does not entitle the City to use or occupy the surface
of the Easement Area.
The Landowner reserves the right to occupy and use the Easement Area for all
purposes not inconsistent or interfering with the restrictions set forth herein.
The Landowner covenants with the City that it is the fee owner of the Property
and has good right to grant and convey the easement herein to the City.
This easement and the covenants contained herein shall run with the Property and
shall bind the Landowner and its successors and assigns.
-18-
IN WITNESS WHEREOF, the Landowner has caused this instrument to be
executed as of the day and year first written above.
GLG Properties,
a Minnesota general partnership
[Exhibit — Not for Signature]
By:
Its: Partner
-19-
STATE OF MINNESOTA }
ss.
COUNTY OF
On this _ day of , 2016, before me, a Notary Public within and
for said county, personally appeared to me personally known,
who being by me duly sworn, did say that he is a partner in GLG Properties, the
Minnesota general partnership named in the foregoing instrument, and acknowledged
said instrument to be the free act and deed of the partnership.
APPROVED AS TO FORM:
[Exhibit -- Nat for Signature]
City Attorney's Office
Dated:
APPROVED AS TO CONTENT:
[Exhibit — Not for Signature]
Public Works Department
Dated:
[Exhibit — Not for Signature]
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, Minnesota 55124
(952) 432-3136
MDK (206-36575)
-20-
Exhibit ".A." to Conservation Easement
(Insert sketch of easement area)
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Exhibit "A" to Conservation Easement
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Conservation
Easement Area
(20,000 sq ft)
butlot E(}`'(
OULV{
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Gopher Eagan
Industrial Park
200'
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Oudot 1, Gopher Eagan Industrial Park
Conservation Easement Feet ;..�
0 75 1'50 300 N
EXHIBIT "C" TO PURCHASE AGREEMENT
Form of Condition Subsequent
The conveyance of the property from Grantor to Grantee is subject to a condition
subsequent that (i) the property shall be used as a Regional Eco Services facility open to
the public for recycling of materials such as grass, leaves, soft plant material, sod, soil,
brush, logs, concrete, gravel, stone and rock ("Buyer's Intended Use") for a period of 10
years, and (ii) for a period of 10 years, the property shall not be used for any other use
except in conjunction with Buyer's Intended Use. In the event that the condition
subsequent is not satisfied, Grantor shall have the right of reentry and/or the right to
recover damages. This condition subsequent shall run with the property and shall be
binding on Grantee and its successors and assigns.
Without limiting the foregoing, the property may be used for the following uses in
conjunction with Buyer's Intended Use:
1. Retail and wholesale sales of landscape supplies and live trees, bushes, and plants
2. Receiving, composting and processing yard waste
3. Receiving tree and brush yard waste for grinding and processing into wood
mulches
4. Soil blending and processing
5. Transloading of landscape supplies by truck
6. Any uses related to any of the above referenced items
-22-
Agenda Information Memo
May 3, 2016 Eagan City Council Meeting
CONSENT AGENDA
M. Public Works Week - May 15-21, 2016
Action To Be Considered:
Proclaim May 15 through May 21, 2016, as Public Works Week, and authorize the
Mayor and City Clerk to execute all related documents.
Facts:
➢ National Public Works Week (NPWW) calls attention to the importance of public
works in providing and maintaining the infrastructure and public services that
are the heart and essence of a functioning community. Particularly noteworthy
is the public service delivery of the public works professionals in relation to the
limited manpower and financial resources available to them.
➢ Instituted as a public education campaign by the American Public Works
Association (APWA) in 1960, NPWW calls attention to the importance of public
works in community life. NPWW is observed each year during the third full week
of May by many State Governors and City Councils throughout the nation to help
raise the public's awareness of and confidence in public works issues.
➢ APWA has selected "Always There" as its theme for 2016's National Public Works
Week. This year's theme speaks to the pervasiveness of public works. The
community depends on public works and the men and women of the profession
are always there and always ready.
➢ This proclamation of Public Works Week in Eagan seeks to energize and educate
the public on the importance of public works to their daily lives: planning,
building, managing and operating at the heart of their local communities to
improve everyday quality of life.
Attachments: (1)
CM -1 Proclamation Resolution
CITY OF EAGAN
PROCLAMATION RESOLUTION
PUBLIC WORKS WEEK
May 15 through May 21, 2016
WHEREAS, public works services provide and maintain the infrastructure and public
services that are the heart and essence of our community; and
WHEREAS, the health, safety and quality of life of this community greatly depends on
these facilities and services; and
WHEREAS, the support of an understanding and informed citizenry that depends on
public works and the men and women of the profession that are always there and always ready
to address the public infrastructure and systems, such as water, sewers, streets and highways,
traffic safety and water quality, is critical.
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaim the
week of May 15 through May 21, 2016, as Public Works Week and encourages all citizens and
civic organizations to acquaint themselves with the various aspects of public works service
delivery and to recognize the contributions made by public works professionals every day to
our health, safety, and quality of life.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify
that the foregoing resolution was duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of May,
2016.
Christina M. Scipioni, City Clerk
Agenda Information Memo
May 3, 2016 Eagan City Council Meeting
CONSENT AGENDA
N. Eagan Lakes Appreciation Month - June 2016
Action To Be Considered:
Proclaim June 2016 as Eagan Lakes Appreciation Month and authorize the Mayor and
City Clerk to execute all related documents.
Facts:
➢ Eagan has about 200 lakes and wetlands an acre or more in size that offer
abundant recreational opportunities and aesthetic enjoyment for Eagan
residents, employees, and visitors. These amenities also can have a positive
effect on adjacent property values.
➢ Lakes and wetlands are affected by nutrients—such as phosphorus, sediment,
and various pollutants carried in stormwater runoff. These factors impact
aquatic ecosystems and wildlife sustainability by impairing water quality.
Impaired water quality diminishes the positive attributes of Eagan's water
bodies.
➢ City residents and businesses play essential roles in protecting lakes' aquatic
habitats and recreational values. They can keep fertilizers, grass clippings, leaves,
soils, litter, and other pollutants from entering storm drains that connect to
lakes. Residents and businesses also can reduce runoff by infiltrating or
collecting stormwater with rain gardens, pervious pavements, or rain barrels.
➢ The City Council proclaimed June 2005 as the first Eagan Lakes Appreciation
Month to encourage residents and businesses to help protect Eagan lakes by
keeping pollutants out of storm sewers, picking up nearby trash, and reducing
stormwater runoff.
➢ An annual proclamation of Eagan Lakes Appreciation Month recognizes these
past efforts to protect and improve lake water quality within the City of Eagan
and encourages continuing efforts by residents and businesses.
Attachments (1)
CN -1 Proclamation Resolution
CITY OF PAGAN
PROCLAMATION RESOLUTION
EAGAN LAKES APPRECIATION MONTH
June 2016
WHEREAS, Eagan has about 200 lakes and wetlands that offer abundant recreational opportunities and
aesthetic enjoyment for Eagan residents, employees and visitors; and
WHEREAS, Eagan residents and visitors derive numerous recreational opportunities to canoe, fish, and
swim in many of these lakes while others enjoy walking and observing wildlife near these water bodies; and
WHEREAS, City residents and businesses play essential roles in protecting lakes' aquatic habitats and
recreational values by keeping fertilizers, grass clippings, leaves, soils, litter, and other pollutants from entering
storm drains that connect to lakes. Residents and businesses also can reduce runoff by infiltrating or collecting
stormwater with rain gardens, pervious pavements, or rain barrels; and
WHEREAS, in 1990 the City Council adopted a nationally recognized surface water quality management
plan, the first Minnesota city to do so, which the City Council upgraded in 2007 with a water quality and wetland
management plan to address efficiently and effectively the issues and needs of its surface water resources for the
next 10 years; and
WHEREAS, in a 2014 scientific survey of Eagan residents, 8 of 10 said water quality of City lakes is good
to excellent; and
WHEREAS, the North American Lake Management Society is encouraging communities nationwide to
declare a Lakes Appreciation Month this summer; and
WHEREAS, June would be an appropriate month to declare as Eagan Lakes Appreciation Month to
encourage residents and businesses to help protect Eagan lakes by keeping pollutants out of storm sewers, picking
up nearby trash, and reducing stormwater runoff;
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims June 2016 as Eagan
Lakes Appreciation Month and urges all residents and businesses to do all they can to keep Eagan lakes clean by
keeping pollutants out of storm sewers, by picking up nearby trash, and by reducing stormwater runoff.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify
that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota
County, Minnesota, in a regular meeting thereof assembled this 3rd day of May, 2016.
Christina M. Scipioni, City Clerk
Agenda Information Memo
May 3, 2016 Eagan City Council Meeting
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O. Contract 16-12, 2016 City -Wide Sanitary Sewer Lining
Action To Be Considered:
Receive the bids for Contract 16-12 (2016 City-wide Sewer Lining - Sanitary Sewer
Improvements), award the contract to Insituform Technologies USA, Inc. for the Base Bid in the
amount of $164,457.50 and authorize the Mayor and City Clerk to execute all related
documents.
Facts:
➢ On June 2, 2015, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for
Public Works Infrastructure, Part III (2016-2020) and authorized the initiation of the
public improvement process for the 2016 programmed improvements.
➢ Contract 16-12 provides for the rehabilitation of public sanitary sewer through lining
improvements of 7,850 linear feet of existing pipe in various areas within the City as was
included as part of the Sanitary Sewer Operations and Facilities portion of the 2016-
2020 CIP.
➢ On March 2, 2016, the Council approved the plans and specifications for Contract 16-12
and authorized the advertisement for solicitation of competitive bids.
➢ On April 21, 2016, five bid proposals were received (see attached summary). The low bid
of $164,457.50 was 19% below the Engineer's estimate of $204,100.
➢ All of the construction activity for said improvements has been designed to occur within
existing public right-of-way or easements.
All bids have been reviewed for compliance with the bid specifications and accuracy on
unit price extensions and summations. The base bid of $164,457.50 ($20.95 per linear
foot) from Insituform Technologies USA, Inc. has been reviewed by Public Works
(Utilities Division) staff and is in order for favorable Council action.
Attachments (2)
CO -1 Location Map
CO -2 Bid Summary
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City of Evan
® 2016 Sanitary Sewer Lining
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Map Date: 2/19/2016
Prepared by: City of Eagan Department of Public Works
Document Path: L\USERS\PUBWORKS\Projects\Utilities\Sanitary_Sewer\Maintenance\Lining\Council Proposed Lining8x11.mxd
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BID SUMMARY
2016 SEWER LINE RENOVATION FOR CURED IN PLACE PIPE
CITY PROJECT NO. 1216
CITY CONTRACT NO. 16-12
Bid Date/ Time: 11:00 a.m., Thursday April 21, 2016
Estimate: $204,100.00
4/25/2016
Total
Over/Under
Contractors
Base Bid
Estimate
Insituform Technologies USA, Inc.
$164,457.50
-19%
SAK Construction
$187,615.00
-8%
Hydro-Klean
$191,540.00
-6%
Lametti & Sons
$199,390.00
-2%
Visu-Sewer, Inc.
$224,510.00
10%
4/25/2016
Agenda Information Memo
May 3, 2016 Eagan City Council Meeting
CONSENT AGENDA
P. Project 12-F, Eagan Car Club
Final Acceptance
Action To Be Considered:
Acknowledge the completion of Project 12-F (Eagan Car Club — Utility Improvements)
and authorize perpetual City maintenance subject to warranty provisions.
Facts:
➢ The Eagan Car Club is a commercial/industrial subdivision in east -central Eagan that
consisted of site grading and the installation of public improvements, including
public sanitary sewer and water main. This construction activity was all performed
privately by the developer under the terms and conditions of the development
contract agreement.
➢ The improvements have been completed, inspected by representatives of the Public
Works Department and found to be in order for favorable Council action for
acceptance for perpetual maintenance subject to warranty provisions.
Attachments (0)
Agenda Information Memo
May 3, 2016 Eagan City Council Meeting
CONSENT AGENDA
Q. Project 14-I, CityVue Commons
Final Acceptance
Action To Be Considered:
Acknowledge the completion of Project 14-1 (CityVue Commons — Utility Improvements)
and authorize perpetual City maintenance subject to warranty provisions.
Facts:
➢ CityVue Commons is a mixed residential/commercial subdivision in central Eagan
that consisted of site grading and the installation of public water main
improvements. This construction activity was all performed privately by the
developer under the terms and conditions of the development contract agreement.
The improvements have been completed, inspected by representatives of the Public
Works Department and found to be in order for favorable Council action for
acceptance for perpetual maintenance subject to warranty provisions.
Attachments (0)
Agenda Information Memo
May 3, 2016 Eagan City Council Meeting
CONSENT AGENDA
R. Contract 16-19, Central Maintenance Facility Campus
Brine Production System
Action To Be Considered:
Receive the quote for Contract 16-19 (Central Maintenance Facility Campus — Brine Production System)
and award a contract to Cargill, Inc., in the amount of $55,800.00, and authorize the Mayor and City
Clerk to execute all related documents.
Facts:
➢ On June 9, 2015, at a Special Council workshop, the City Council directed that the Central
Maintenance Facility renovations move forward to the design stage of the project.
➢ On March 15, 2016, the City Council approved Contract 16-04 for Phase I of the renovation of
the Central Maintenance Facility (CMF) at 3501 Coachman Pointe. Phase I consists of the
construction of additional heated vehicle storage and equipment bays, enlarged and updated
service bays, additional cold storage, material storage bins, and facilities for salt storage and
brine production.
➢ Contract 16-19 provides for the brine production system, a specialty item that is most cost
effectively acquired separately from the remainder of the facility construction.
On April 27, 2016, the bid quote was obtained for Contract 16-19. The bid of $55,800.00 from
Cargill, Inc., has been reviewed by the Public Works Department and found to be in order for
favorable Council action.
Attachments (0)
Agenda Information Memo
May 3, 2016 Eagan City Council Meeting
CONSENT AGENDA
S. Lot 1, Block 1, Tesseract 2"d Addition
Easement Vacation
Action To Be Considered:
Receive a petition to vacate public drainage and utility easements on Lot 1, Block 1,
Tesseract 2nd Addition and schedule a public hearing to be held on June 7, 2016.
Facts:
On April 18, 2016, City staff received a petition from Anthony Adams from Ryan
Companies requesting the vacation of all drainage and utility easements as
dedicated on the plat of Tesseract 2nd Addition, Lot 1, Block 1, north of TH 13 and
east of Nicols Road, in west -central Eagan.
➢ The purpose of the request is to allow the recording of a final plat of the
property for the proposed Tesseract 3rd Addition. The vacation of the easements
would clean up the proposed plat by avoiding any underlying recorded
dedications.
➢ The final plat for Tesseract 3rd Addition will address all easements necessary for
public drainage and -easement purposes.
A The approval of the plat for Tesseract 3rd Addition 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 on June 7.
Attachments (2)
CS -1 Location Map
CS -2 Legal Description Graphics
n(b
Location of Proposed
Easement Vacation
APPLE VALLEY
Y.
MENDOTA HEIGHTS
ROSEMOUNT
A&- Proposed Easement Vacation Fig. 1
'qr Lot 1, Block 1, Tesseract 2nd Addition
City of Eagan 04-25-2016
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Agenda Information Memo
May 3, 2016 Eagan City Council Meeting
CONSENT AGENDA
T. Lot 19, Block 5, Hilltop Estates
Easement Vacation
Action To Be Considered:
Reschedule a public hearing to May 17, 2016, to consider the vacation of public
drainage and utility easements on Lot 19, Block 5, Hilltop Estates.
Facts:
➢ On March 29, 2016, City staff received a petition from Robert and Nancy
Peterson, property owners of Lot 19, Block 15, Hilltop Estates (4175 Strawberry
Lane), north of Diffley Road and east of Pilot Knob Road, in south-central Eagan.
➢ The purpose of the request is to allow the homeowners to build a master suite
addition onto the main level of their home. The vacation of the easements
would allow the addition of a full basement foundation, vaulted ceiling bedroom
and a bath.
➢ The notice of the originally scheduled public hearing for May 3 was not published
in the legal newspaper. As this is required, it is appropriate for the City Council
to reschedule the public hearing to the May 17, 2016, 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 a public
hearing being held on May 17.
Attachments (0)
Agenda Information Memo
May 3, 2016 Eagan City Council Meeting
CONSENT AGENDA
U. Lots 3 & 4, Block 1 Sibley Terminal Industrial Park
Easement Vacation
Action To Be Considered:
Reschedule a public hearing to May 17, 2016, to consider the vacation of public
drainage and utility easements on Lots 3 & 4, Block 1, Sibley Terminal Industrial Park.
Facts:
On March 29, 2016, City staff received a petition from Greg Gentz, Rehder &
Associates, representing Safety Kleen, Inc., the property owner, requesting the
vacation of existing drainage and utility easements (Document No.'s 238082 &
283083) on Lots 3 & 4, Block 1, Sibley Terminal Industrial Park (3227 Terminal
Drive), north of Yankee Doodle Road and east of Highway 13, in northwest
Eagan.
➢ The purpose of the request is to allow the recording of a final plat of the
property for the proposed Safety Kleen Addition development. The vacation of
the easements would clean up the proposed plat by avoiding any underlying
recorded dedications.
➢ The final plat for the Safety Kleen Addition will address all easements necessary
for public drainage and easement purposes.
➢ The approval of the plat for the Safety Kleen Addition is tentatively scheduled for
Council consideration at the May 17, 2016, City Council meeting.
➢ The notice of the originally scheduled public hearing for May 3 was not published
in the legal newspaper. As this is required, it is appropriate for the City Council
to reschedule the public hearing to the May 17, 2016, 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 a public
hearing being held on May 17.
Attachments (0)
Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
CONSENT AGENDA
V. Authorize participation in Dakota County Urban County Designation for CDBG, HOME and
ESG Funding
Action To Be Considered:
To defer the City's Metropolitan City Entitlement Status for federal fiscal years 2017 through 2019
and authorize participation in the Dakota County Urban County designation for CDBG, HOME and
ESG funding.
Facts:
➢ The population of the City of Eagan would permit it to be a Metropolitan City and receive its
allocation of HUD funding directly. In the past, the City has chosen instead to participate in
the Dakota County Urban County designation.
This relationship has permitted the City to rely on the Dakota County CDA to coordinate a
number of functions related to these programs and the documentation and compliance
steps necessary to conform to HUD standards. As part of this coordination, the City of
Eagan is allowed to additionally receive HOME and Emergency Solutions Grant (ESG) funds.
Under a City Entitlement Status, only CDBG funds would be available.
➢ The ESG Program was new to Dakota County in 2013 and assists individuals and families to
quickly regain stability in permanent housing after experiencing a housing crisis or
homelessness. The ESG Program is administered by the Dakota County Social Services
department.
➢ This relationship also permits some flexibility among the cities in Dakota County who
participate in this designation, in that the CDA can spread and balance certain funding
criteria across all of the cities rather than each City needing to meet them individually.
➢ In addition, unlike cities in a number of other counties, Dakota County cities have not
needed to hire and maintain separate HRA staff positions for the functions described above.
Attachments: (2)
CV -1 Request letter from CDA
CV -2 Resolution Authorizing Participation
April 18, 2016
Dakota County
Community Development
,agency
Dave Osberg
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
1228 Town Centre Drive ' Eagan, MN 55123
PHONE 651-675-4400 I 1 DDATY 711
www.dakotacda.org
RE: PARTICIPATION IN THE DAKOTA COUNTY CDBG, HOME, & ESG PROGRAMS
Dear Mr. Osberg:
Every three years, the U.S. Department of Housing and Urban Development (HUD) requires urban
counties to requalify their entitlement status and participating communities for the purpose of awarding
Community Development Block Grant (CDBG), HOME Investment Partnership Program, and
Emergency Solutions Grant (ESG) funds. Dakota County has qualified as an urban county and has
received an annual allocation of CDBG funds since 1984. CDBG-funded activities have been a key
element to keep our communities strong and vibrant. The HOME program was designed exclusively to
create affordable housing for low-income households. The ESG program assists individuals and families
to quickly regain stability in permanent housing after experiencing a housing crisis or homelessness.
The successful use of these federal programs is due to the active involvement and support from local
government. We hope to continue this partnership. As a city with a population above 50,000, HUD
classifies Eagan as a "metropolitan city". With such a classification, Eagan is eligible to receive its own
CDBG entitlement allocation but not a HOME or ESG allocation. To date, Eagan has chosen to defer its
status as a metropolitan city and remain a part of Dakota County's urban county classification. The city
needs to make a choice again for the next three year period of 2017-2019.
If you choose to remain a participant of Dakota County's CDBG, HOME, and ESG programs, then Eagan
would continue to be eligible for funding through the Dakota County CDA. Whether the City chooses
to defer or accept their metropolitan city entitlement status it must notify in writing both the
Dakota County CDA and HUD Field Office no later than June 1, 2016. Notice to the HUD Field
Office should be addressed to 920 South 2nd Avenue, Suite 1300, Minneapolis, MN 55402, Attention
Christine Delarbre. Attached is a sample letter you may use to defer your metropolitan city status if you
choose that option. If you choose to accept a city entitlement status, you can use this same sample letter
by changing it from deferral to acceptance.
If you have any questions regarding this process or the CDBG, HOME, and ESG programs, please contact
me at (651) 675-4464 or at mdykes@dakotacda.state.mn.us.
sincerely,
w �,. 1-1-�?le--4
Maggie Dykes
Asst. Director of Community & Economic Development
Resolution No.
Authorize Participation in Dakota County Urban County Designation for CDBG, Home, and ESG
Funding for Fiscal Years 2017-2019.
WHEREAS, the population of the City of Eagan would permit it to be a Metropolitan City and receive its
allocation of HUD funding directly; and
WHEREAS, in the past, the City has chosen to participate in the Dakota County Urban County
Designation; and
WHEREAS, the City has worked closely with Dakota County and the CDA for many years, and continues
to value that cooperative arrangement; and
WHEREAS, the City to relies on the Dakota County CDA to coordinate a number of functions related to
these programs and the documentation and compliance steps necessary to conform to HUD standards;
and
WHEREAS, the relationship with the CDA permits some flexibility among the cities in Dakota County
who participate in this designation,in that the CDA can spread and balance certain funding criteria
across all of the cities rather than each City needing to meet them individually; and
WHEREAS, unlike cities in a number of other counties, Dakota County cities have not needed to hire
and maintain separate HRA staff positions for the functions described above; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, that the City is
electing to defer the City's Metropolitan City Entitlement Status for federal fiscal years 2017 through
2019 and remain a participant in the Dakota County Urban County designation for CDBG and HOME
funding.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Mike Maguire, Mayor and Christina M. Scipioni, City Clerk, City of Eagan, Dakota County, Minnesota,
do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan City Council
in a regular meeting thereof assembled this 3rd day of May, 2016.
Mike Maguire, Mayor
Christina M. Scipioni, City Clerk
Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
CONSENT AGENDA
W. Direct preparation of a Comprehensive Guide Plan Amendment, Rezoning and
an Ordinance Amendment to City Code Chapter 11— City of Eagan
Action To Be Considered:
To direct staff to initiate:
➢ A Comprehensive Guide Plan Amendment to change the Land Use designation of
Outlot I, Gopher Eagan Industrial Park 2nd Addition from Park to Limited
Industrial.
➢ A Rezoning to change the zoning of Outlot I, Gopher Eagan Industrial Park 2nd
Addition from Park to Limited Industrial.
➢ Preparation of an ordinance amendment to City Code Chapter 11 regarding
Facts:
composting in the Limited Industrial Zoning District.
The City intends to sell Outlot I, Gopher Eagan Industrial Park 2nd Addition to a
private party for the purpose of an industrial use.
➢ To accommodate the private use of the property the land use and zoning
designations must be changed.
➢ Additionally, City Code Chapter 11 needs to be amended to allow composting
and yard waste collection to meet the buyer's needs.
➢ Each of these actions will require a Public Hearing be held by the APC before
coming back to the City Council.
Attachments: (1)
CW -1 Location Map
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Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
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X. Adopt a Resolution Accepting a Donation from Thomson Reuters
Action To Be Considered:
Adopt a resolution authorizing acceptance of an $18,000 donation in the form of
bicycles from Thomson Reuters.
Facts:
➢ Thomson Reuters is conducting an employee team building exercise at their
facility on Monday, May 23, 2016. Part of the event includes groups of
employees assembling new bicycles.
➢ One hundred (100) children's bicycles will be assembled. The bicycles are
appropriate for children who are in grades K-5. In total, the value is estimated at
$18,000.
➢ A representative from Thomson Reuters contacted the Eagan Police Department
and wished to donate the assembled bikes to the City with the hopes of the
department donating them to needy children.
➢ Experts will be on -hand to ensure the bicycles are inspected for proper assembly
before the City takes possession.
➢ The police department seeks authorization to accept this donation from
Thomson Reuters.
➢ Preliminary discussions concerning the distribution of the bicycles include
working with the City's elementary schools or social service agencies to help
identify needy children. Regardless how eventual distribution is determined, the
logistics of this endeavor will be distributed to the Mayor and Council for
awareness.
Attachments: (1)
CX -1 Resolution
CITY OF EAGAN
RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN
Thomson Reuters
WHEREAS, the City Council of the City of Eagan encourages public donations
to help defray the costs to the general public of providing services in Eagan; and
WHEREAS, Thomson Reuters has presented the police department with an
$18,000.00 donation in the form of children's bicycles. The bikes will be distributed to
needy children through the Eagan Police Department.
WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of
real or personal property be accepted only with the adoption of a resolution approved by
two-thirds of the members of the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan,
Dakota County, Minnesota, that the grant is hereby accepted for use by the City;
BE IT FURTHER RESOLVED, that the City sincerely thanks Thomson
Reuters.
ADOPTED this 3rd day of May, 2016.
CITY OF EAGAN
CITY COUNCIL
By:
It's Mayor
Attest:
It's Clerk
Motion by:
Seconded by:
Those in Favor:
Those Against:
Date:
Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
CONSENT AGENDA
Y. Approve A Resolution And Partnership Agreements To Accept Donations For
Upcoming 2016 Eagan Market Fest From Multiple Partners
Action To Be Considered:
To approve a resolution and partnership agreements to accept cash 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)
➢ Dakota County Library ($750) — Market Fest Family Night
➢ Minnesota Pork ($500) — Market Fest Classic Car Night
➢ Eagan 55 plus/Seniors ($300) — Market Fest Health & Wellness Night
➢ CityVue Apartments ($300) — Market Fest Health & Wellness Night
Facts:
➢ Market Fest is a popular community engagement event held on Wednesdays from the
beginning of June to the end of September. 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 10th season.
➢ In 2015, the event seta new overall attendance record of 49,909 visitors.
➢ Donation dollars were budgeted for 2016 from Dakota County Library, Eagan 55
plus/Seniors, Minnesota Pork and CityVue Apartments to allow this free community
program to be hosted in collaboration with interested local partners.
Attachments: (2)
CY-1 Resolution
CY-2 Partnership Agreements
CITY OF EAGAN
RESOLUTION
TO ACCEPT DONATIONS FOR UPCOMING 2016 EAGAN MARKET FEST EVENT
FROM MULTIPLE PARTNERS
WHEREAS, Eagan Parks and Recreation offers the Eagan Market Fest event during the summer
that offer partnership opportunities; and
WHEREAS, Dakota County Library, Eagan 55 plus/Seniors, Minnesota Pork and CityVue
Apartments have expressed an interest in partnering with Eagan Parks & Recreation to support upcoming
2016 community events; and
WHEREAS, the following organization have agreed to donate the listed amount to support 2016
Eagan Market Fest events: Dakota County Library ($750), Eagan 55 plus/Seniors ($300), Minnesota
Pork ($500), CityVue Apartments ($300); and
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the
following donations: Dakota County Library ($750), Eagan 55 plus/Seniors ($300), Minnesota Pork
($500), CityVue Apartments ($300) to support Eagan Parks & Recreation community events.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated 5-3-2016
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 the 3rd day of May, 2016.
City Clerk
Eagan Market Fest 201.6W Ar
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Dakota County Library - 5"' Year Renewala
Partnershi A reement
Parks i reatiatr
Promotional Partnership Summary:
The City of Eagan Parks & Recreation Department and the Eagan Market
Fest Community Event seeks to renew for a fourth year a beneficial
partnership with Dakota County Library as a supporter of Eagan Parks &
Recreation's award winning Eagan Market Fest conunuruty event. A
partnership at this level provides Dakota County Library with marketing
exposures and outreach opportunities in order to reach Eagan and
surrounding area residents and bringing Dakota County Library greater
public exposure as a civic minded partner,
5th Year Renewal of Eagan Market Fest Partnership:
Partnership Level - $750
Event Summary:
The Eagan Market Fest has seen significant growth both in the number of vendors as well as the number of attendees and has
been recognized both locally and nationally as an event of high duality that brings the community together.
2015 Event Highlights:
o Set a new 9 -year season attendance record of 49,909 visitors,
e Launched Kids POP Club (Power of Produce) to educate children on healthy
eating.
Awards:
This event has been rated 41 in MN in 2011, #l2 in MN 2010, 2012 and a Top 20
nationwide market every year since 2010 by American Farmland Trust in Washington
DC and has the HI support of the Eagan community. The contest was disbanded in
2013. In 2015, Market Fest was rated as the "Best Place for Live Music in Eagan",
The Eagan Market Fest has become known by Eaganites as "our community's main street." The focus is on healthy living by
offering a farmer's market with fresh produce, artisan booths, free family activities, live music and performance groups. The
event's main purpose is to bring residents together. This is a true community endeavor. In 2016, the market will be held
18 weeks. Several themed weeks with additional activities planned including the Market's 10t" Anniversary Celebration and
a new Bollywood Indian themed night.
2016 Market Dates/Time: Wednesdays, June 1-- August 31 (4:00-8:00 p.m,) and September 7 -- 28 (3:00 — 7:00 p.m.)
Market Location:
Eagan's Central Park and Festival Grounds at the Eagan Community Center located at 1501 Central Parkway, Eagan.
Event Target Audience:
This event attracts a wide audience range. Its focus is on Eagan residents although the event attracts visitors from other local
cities. Attendees include working adults who visit the event after work, adults of all ages 18 through senior adults, adults
20-50 with children and culturally diverse populations. Attendance in 2015 set an overall season record with 49,909 visitors.
Partner & Vendor Relationships Statement: Our partners are very important, Market Fest has a designated coordinator
who oversees all aspects of the event, The coordinator supervises planning, marketing and vendor relations and is onsite
each week during Market rest, It is the City's goal to make each partner successful so they have a great experience and will
join us again.
Public Feedback: Below is a sampling of how the community views the event, the
common thread being that it centers the community and is the premier gathering place
for people who live, work and play in Eagan.
"This market is the fiber that connects the community together anis is much more than
just a farmers market providing concerts and activities for all ages,"
"'fire Eagan Market lest is the friendliest, most expansive and well laid out farmers
market :I have ever experienced.."
"Eagat) Market ]:'est is a colrinrunity gathering that encourages fianily participation, In addition. to fresh produce, there's live
music, activities f:oa.- the :kids, food and. craft vendors, plenty of parki:aig and a great location. We are very fortunate to have
this weekly sununerdi e gem right iti our backyards!
"Eagan takes great pride in. keeping our bustling metro city feeling small town and l::amiliar. Asa resident and continued
supporter of the Fagan Market Fest I find a wide variety of farms, showcased at the weekly market as well as local
enterta:iriment, neighbors and friends."
"We have been attending the Eagan Market Fest every summer for the past 5
years, andit gets better each year! The food., vendors and music are all
Gtmwing! I d.oaa't know how we survived sum:ni.ei,s in M.RI wi.tli.out this...Th.e
Eagan Market Fest has been a wonderful addition to our great city of Lagan,
atad it has brought our community together in. a way that nothing else has."
['.his is such a beautift,tl venue. The atmosphere is complete with a varier
p p �., ... y
of vendors and the friendliness is unsurpassed. There are also a lot of foods
to sanipl.e so you know what you are buying ahead of One, There is always
w some terrific entertainment to please all crowds. The grounds are
meticulously maintained, There is a new pavilion complete with bathrooms, there is a wonderful playground for cli l.dren, an.
exercise area with lots of equipment for all ages, wall ding paths, picnic tables, pond with fountain, corntmunity center, gazebo
a beauti:fid new memorial and so much. more."
"I have been volunteering at the Market Fest since last year. It is a complete entertainment experience, with not only the
'basic farther market goodies, but, also entertaim erit, children's activities, fair fare, and wonderfiGl, ro6my and. clean grounds
with ample parking, I go to many different farmers markets around the cities, and. this one is the best in my opinion."
CONTACT: Kerry Phillips
Recreation Supervisor & Market fest Coordinator
Phone: (651) 675-5525 or (651) 675-5500
E-mail: lcphillips@ci yofeaga z.com
Web Site: www,cityofeagan,com/Marketfest
:� a _ Grow.
.Eagan :Parks and Recreation Department
Eagan Market Fest Partnership Proposal
PARNTER e $750 LEVEL (Renewal Request)
,Tune 1— September 2g, 2016 (18 weeps)
The total cash value of Partnership is $750
Dakota County Library's Proposed Partnership Role:
Dakota County Library has been a partner of the Eagan Market Fest since 2012. In 2015, Dakota
County Library participated at the $750 level,
Below are the benefits at the $750 level for 2016:
® Enter into a $750 Financial Partnership paid by Dakota County Library to the 2016
Eagan Market Fest paid no later, than July 15, 2016 (a separate invoice will be sent after
the conclusion. of the event per Dakota County Library's funding policy). Check will be
made payable to the City of Eagan and submitted to: Kerry Phillips, Eagan Parks &
Recreation, 3830 Pilot Knob Rd., Eagan, MN 55122.
Dakota County Library may attend the Eagan Market Fest with a booth promoting the
library, its summer reading program and other pro grams/seivices on Family Night
(tentatively scheduled for June 15, 2016), date subject to change. Promotions may occur
at booth but selling of items is prohibited.
® Booths may provide arts and crafts or interactive activity, giveaway items, coupons,
registration materials for library programs and the summer reading program or another
item upon approval by the Market Fest Coordinator.
Eagan Parks & Recreation and Eagan Market Fest's Role:
In return for the support provided by Dakota County Library for the 2016 Eagan Market Fest
event, The City of Eagan, Eagan Parks & Recreation Department and the Eagan Market Fest
event will provide:
p
Dakota Count y Library will have the opportunity for a partnership booth at Marlcet Fest
on Wednesday, June 15, 2016 (tentative date) which is also Family Night at the market.
® Logo and/or naive recognition of Dakota County Library on the Family Night
advertising.
■ Provide one 10' x 10' tent and one table (folding table or picnic table) with 2 chairs.
Contact:
Eagan Market Fest
Kerry Phillips — Recreation Supervisor & Eagan Market Fest Coordinator
Trade Agreement Disclaimer
Ownership of Promotional Materials: Any plan, idea and all promotional materials created by
Dakota County Library or Eagan Parks and Recreation Department shall be and will remain the
property of both parties.
Agreement
The City of Eagan Parks and Recreation Department, the Market Fest Event and .Dakota County
Libr^aq agree to the ternis of the sponsor partnership as outlined above,
City of Eagan Representative
Dakota County Library Representative
-End-
Date
Date
Eagan Market Fest 2016
i Minnesota Pork
5"' Year Renewal Event Partnership
tea p
Promotional Partnership Summary:
The City of Eagan Parks & Recreation Department and the Eagan Market
Fest Conununity Event seeks to renew for a seventh year a beneficial
partnership with Minnesota Pork as a supporter of Eagan Parks &
Recreation's award winning Eagan Market Fest conununity event. A
partnership at this level provides Minnesota Pork with marketing exposures
and outreach opportunities in order to reach Eagan and surrounding area
residents and bringing Minnesota Pork greater public exposure as a civic
minded partner,
Stu Year Renewal of Eagan Market fest Partnership:
Partnership Levet- $500
Parks & 11ecreaflo
]Event Summary:
The Eagan Market Fest has soon significant growth both in the number of vendors as well as the number of attendees and has
been recognized both locally and nationally as an event of high quality that brings the community together.
2015 Event Highlights:
• Set a new 9 -year season attendance record of 49,909 visitors.
• Launched Kids POP Club (Power of Produce) to educate kids about healthy
Eating.
Awards:
TI -As event has been rated #1 in MN in 2011, #2 in MN 2010, 2012 and a Top 20
nationwide market every year since 2010 by American Farmland Trust in Washington
DC and has the full support of the Eagan community. The contest was disbanded in
2013. In 2015, Eagan Market Fest was rated the "Best Place For Live Music In
Eagan".
The Eagan Market Fest has become known by Eaganites as "our community's main street." The focus is on healthy living by
offering a farmer's market with fresh produce, artisan booths, free fancily activities, live music and performance groups, The.
event's main purpose is to bring residents together. This is a true community endeavor. In 2016, the market will be held
18 weeks, Several themed weeks with additional activities planned including a 10th Anniversary market celebration and a
Bollywood Indian Celebration,
2016 Market Dates/Time: Wednesdays, June 1— August 31(4:00-8:00 pm) and September 7 — 28 (3:00 — 7:00 p.m)
Market Location:
Eagan's Central Park and Festival Grounds at the Eagan Community Center located at 1501
Central Parkway, Eagan.
Event Target Audience:
This event attracts a wide audience range. Its focus is on Eagan residents although the event
attracts visitors from other local cities, Attendees include worldng adults who visit the event
after work; adults of all ages 1-8 through senior adults, adults 2050 with children and culturally
diverse populations. Attendance in 2015 set an overall season record with 49,909 visitors.
Partner & Vendor Relationships Statement: Our partners are very important, Market Fest has a designated coordinator
who oversees all aspects of the event, The coordinator supervises planning, marketing and vendor relations and is onsite
each week during Market Fest. It is the City's goal to snake each partner successful so they have a great experience and will
join us again,
Public Feedback: Below is a sampling of how the community views the event, the
common thread being that it centers the community and is the premier gathering place
for people who live, work and play in Eagan,
"This market is the fiber that connects Clio community together and is much more than
just a farmers market providing concerts and activities for all ages,"
"'I`lre Eagan Marltet Dost is the: friendliest, most expansive and well laid out fanners
market .1. have ever experienced.."
"Eagan. Market Fest is a. community gathering that encourages family participation, In addition to fresh produce;, there's live
music, activities for thekids, food and craft vendors, plenty of parking and a great locatioa.a.. We are very fortunate to have
this weekly summertime germ righthi our backyards!
"Eagan takes great pride in keeping our bustling metro city feeling s.m.all town ain.d familiar. As a resident and continued
supporter of the Eagan Market Fest. I find a wide variety of fauns showcased at the weeldy minket as welt as local
entertainment, neighbors and friends."
"We have been attending the Eagan Market Fest: every summer for the past 5
years, and. it gets better each year! The food, vendors and music are all
amazing! I don't Imow how we survived summers in MIT without tlris... The
Eagan Market Fest has been a wonderful addition to our great city of Eagan,
and it has brought our community together in a way that .nothin.g else has."
{ y I'lris is such a beautiful �reixcie. The atmosphere is corriplete with a variety.
��n r of vendors and the friendliness is unsurpassed. There are also a lot of foods
to saal�ple so you know uTlxat you are buying al7.ea(1 of.'time, There is always
some terrific entertainment to please all crowds. The grounds are
meticulously.maintained. There is a. now pavilion complete with bathroor.;ns, there is a wonderful playground for children, 71.1
exercise area with lots of equipment for all ages, walking paths, picnic tables, pond with fountain, community center, gazebo
a beautiful new memorial and so much more."
"I have been volunteering at the Market Fest since last year. It is a complete entertainment experience, with not only the
'basic farmer market goodies, but also entertain nient, children's activities, fair fare, and wonderful, rooiny andclean grounds
with ample parking, I go to many different farmers markets around the cities, and this one is the best in my opinion."
CONTACT: Kerry Phillips
Recreation Supervisor & Market Fest Coordinator
Phone: (651) 675-5525 or (651) 675-5500
E-mail: kphilHps(a7,cityofea ag n.com
Web Site: www,cityofeagan,com/Marlcetfest
Dis
:Eagan Parrs and Recreation Department
Eagan Market Fest Partnership Proposal
PARNTER - $500 LEVEL (Renewal Request)
Classic Car & Oldies Music Night — Sponsor — July 13, 2016
The total cash value of partnership is $500
Minnesota Pork's Proposed Partnership Role:
Minnesota Pork has been a partner of the Eagan Market Fest since 2012 at the $500 level.
Below are the benefits at the $500 level for 2016;
•Minnesota Pork will be a $500 financial special event partner with the Eagan Market
Fest farmer's market, partnering on Classic Car & Oldies Music Night on Wednesday,
July 13, 2016 from 4 - 8 p.m.
o An invoice for the partnership amount will be sentby the City of Eagan.
• Minneyota fork will provide their own 10 x 10 canopy tent with weights for purpose of
a Oink Outings themed promotional booth. The City of Eagan can provide one to two 6
ft. table(s) or picnic tables and chairs for booth.
•
Minnesota Pork will provide staffing of the Oink Outings Booth, all print collateral
handouts, giveaway items, etc.
•
Minnesota Pork is authorized to run the Oink Outings promotion, committing to
donating 1 pound of pork products to a local food baik for each question asked by the
public at the Minnesota Pork booth.
• In the event of very bad weather, Minnesota. Pork may choose another 2016 Eagan
Market Fest date if weather snakes it difficult to coordinate the booth as planned with
notice by 10 am the day of the event. A new date will be coordinated through the Market
Fest Coordinator. No refunds shall be given.
• h2znnavota .Pork may provide one banner to the Eagan Market Fest Coordinator at least
one week in advance of event for placement on the Market Fest grounds at the Oink
Outings Booth. Banner will be returned at the end of the event day to Minnesota Pork.
• Any taste sampling would need to meet Department of Health guidelines.
• Any pork display and interactive activities, etc. would need to be approved by the Eagan
Market Fest Manager in advance.
• NOTE: A pork. producer vendor will be present this year as a farmer's market vendor
selling frozen pork products from pork raised on their farm and hot pork concession food
items.
Eagan Parks & Recreation and Eagan Market Fest's Role:
In return for the support provided by Minnesota PoM for the 2016 Eagan Market Fest event, The
City of Eagan, Eagan Parks & Recreation Department and the Eagan Market Fest event will
provide:
• 28" x 36" sign with color logo at event entrance
■ 28" x 36" sign with color logo at entertainment stage as an event partner that evening
(also mentioning the ask-a-question/food donation promo)
Verbal recognition as an event partner at the entertailunent stage.
® MN Pork provides Oink Outings Tent, City of Eagan provides 1-2 tables and chairs for a
pork booth
Contact:
Eagan Market Fest
Kerry Phillips —Recreation Supervisor & Eagan Market Fest Coordinator
Trade Agreement Disclaimer
Ownership of Promotional :Materials: Any plan, idea and all promotional materials created by
Minnesota I$ork or Eagan Parks and Recreation Department shall be and will remain the
property of both parties.
Agreement
The City of Eagan Parks and Recreation Department, the Market Fest Event and Minnesota
I-Iork agree to the terms of the sponsor partnership as outlined above.
City of Eagan Representative
Date
Minnesota Pork Representative Date
--End-
Eagan Market Fest 2016
JA
CityVue Apartments *cty1.
Partnershi A reement Parke & l�ecreatic�o
p g
Promotional Partnership Summary:
CityVue Apartments (At Home Apartments) contacted the City of Eagan Parks & Recreation Department about partnership
and vendor opportunities for community outreach, Interest included partnership of Eagan Market Fest's Health & Wellness
Night on Wednesday, August 12, 2015. A partnership at this level '
provides CityVue Apartments with marketing exposures and outreach
opportunities in order to reach Eagan and surrounding area residents and
provide greater public exposure as a civic minded partner.
2nd Year - Eagan Market Fest Partnership:
Partnership Level - $300
Event .Summary:
The Eagan Market Fest has seen significant growth both in the number of vendors as well as the number of attendees and has
been recognized both locally and nationally as an event of high quality that brings the community together.
2015 Event Attendance
• Set a new 9 -year season attendance record of 49,909 visitors,
• Launched Kids POP Club (Power of Produce) to educate lids on health eating.
Awards:
This event has been rated. #1 in MN in 2011, #2 in MN 2010, 2012 and a Top 20
nationwide market every year since 2010 by American Farmland Trust in Washington
DC and has the full support of the Eagan community. The contest was disbanded in
2013. In 2015, Eagan Market Fest was rated the "'Best Place For Live Music in
Eagan".
The Eagan Market Fest has become known by Eaganites as "our community's main street." The focus is on healthy living by
offering a farmer's market with fresh produce, artisan booths, free family activities, live music and performance groups, The
event's main purpose is to bring residents together. This is a true community endeavor. Theme weeks are planned with
extra value-added activities to engage residents and attract more attendees. Health & Wellness Night includes over 25 health
and wellness organizations, free community health screenings and more,
2016 Market Dates/Time: Health & Wellness Night at Market Fest is Wednesday, August 10, 2016.
Market Location:
Eagan's Central Park and Festival Grounds at the Eagan Community Center located at 1501 Central Parkway, Eagan..
Event Target Audience:
This event attracts a wide audience range. Its focus is on Eagan residents although the
event attracts visitors from other local cities. Attendees include working adults who visit
the event after work, adults of all ages 18 through senior adults, adults 20-50 with children
and culturally diverse populations. Attendance in 2015 set an overall season record with
469,909 visitors.
Partner & Vendor Relationships Statement: Our partners are very important. Market Fest has a designated coordinator
who oversees all aspects of the event. The coordinator supervises planning, marketing and vendor relations and is onsite
each week during Market Fest. It is the City's goal to make each partner successful so they have a great experience and will
join us again.
Public Feedback: Below is a sampling of how the community views the event, the
common thread being that it centers the community and is the premier gathering place
for people who live, work and play in Eagan.
"'Phis market is the fiber that connects the community together and is much more than
just a fl rnaers market providing concerts and activities for all ages."
"The Eagan. Market Fest is the frien.d:liest, most expansive and well laid out: farmers
market .I. have ever experienced.."
"Eagan Market Fest is a. community gathering that encourages fannily participation. In addition to fresli produce, there's live
music, activities for the kids, food and craft vendors, plenty of parking and a great location. We are very fortunate to have
this weekly summerti:nae gem right in our backyards!
"Eagan takes great pride in keeping our bustling metro city feeling small town anal familiar. As a reslde.ut al].d continued
supporter of the Eagan Market Fest I find a. wide variety of farms Showcased at the weekly' imrlket , s well as local
entertainment, neighbors and friends."
"We have beenattending the Eagan. Market Best every summer for the past 5
years, and. it gets better each year! The food., vendors and music are all
amazing! I d.on't lknow how we survived sui11mers in M-1.4 without tln.is... The
Eagan Market Fest has been a wonderful addition to our great city of Eagan,
and it has brought our connaaa.tinity together in a way that nothing else h.as.
-r "'I'.lais is such a beautiful vonao. The atmosphere is complete with a variety
a , t of vendors and the friendliness is unsurpassed, 'I"here are also a lot of foods
to sample so you know what you are buying ahead of time. 'There is always
some terrific entertainment to please all crowd.s. The grounds are
meticulously maintained, There is a new pavilion colaaplete with bathrooms, there is a wonderful playgrouaa.d for ebil.dren, all
exercise area with lots of equipment for all ages, walking paths, picnic tables, pond with fountain, community center, gazebo
a beautifo.l now memorial and so much. more."
"I have been volunteering at the Market Fest since last year. It is a complete entertainment experience, with not only the
basic farmer market goodies, but also entertainment, children's activities, fair fare, and wonderful, roomy and clean grounds
with ample parking, I go to many different farmers markets around the cities, and this one is the best in my opinion."
CONTACT: Kerry Phillips
Recreation Supervisor & Market Fest Coordinator
Phone: (651.) 675-5525 or (651) 675-5500
E-mail: kphillips@cityofeagan.com.
Web Site: www.cityofeagan.com/Marketfest
Fagan :Parrs and Recreation Departtnent
Fagan Market Fest Partnership proposal
PARNTER - $300 LEVEL (Health & Wellness Partnership)
Wednesday, August 10, 2016
The total cash value of partnership is $300
CityVue Apartments Proposed Partnership Role:
Below are the benefits at the $300 level for 2016:
Enter into a $300 Financial Partnership paid by C`ityVue Apartments to the 2016 Eagan
Market Fest paid no later than July 1, 2016. Made payable to the City of Eagan and
submitted to: Kerry Phillips, Eagan Parks & Recreation, 3830 Pilot Knob Rd., Eagan,
MN 55122.
City Vue Apartments may attend the Eagan Market Fest with a booth promoting the
organization and its information to the public on Wednesday, August 10, 2016. No
selling, promotional only at booth. The vendor must provide their own tent and tent
weights if a tent is used (tents are optional). The City of Eagan will provide a table and 2
chairs at booth. Booth will be located near the front of the market entrance along with
other event partners.
® Recognition on the Entertainment stage as an event partner for Health & Wellness Night
and invite participates to visit the C'ityVue Apartments booth at event.
® Recognition as an event partner on A -frame sponsor along with other partners at the front
Market Fest entrance.
Eagan Parks & Recreation and Eagan Market rest's Role:
In return for the support provided by City Vue Apartments for the 2016 Eagan Market Fest event,
The City of Eagan, Eagan Parks & Recreation Department and the Eagan Market Fest event will
provide:
City Apartments will have the opportunity for a partnership booth at Market Fest on
Wednesday, August 10, 2016.
p Logo and/or naive recognition of QyVue Apartments on the designated theme night
advertising at front gate with other sponsor, and at entertainment stage with verbal
partner recognition announcements. A plaque as a sponsor will be presented on stage at
5:30 pin on June 29th along with the other event partners by a member of the Eagan City
Council and Market Coordinator.
■ Provide one A -frame signboard with a paper plotter sign advertising the City Vue
Apartments.
Contact:
Eagan Market Fest
Kerry Phillips — Recreation Supervisor & Eagan Market Fest Coordinator
Trade Agreement Disclaimer
Ownership of Promotional Materials: Any plan, idea and all promotional materials created by
Gty'Vue Apartanents or Eagan Parks and Recreation Department shall be and will remain the
property of both parties.
Agreement
The City of Eagan Parks and Recreation Department, the Market Fest Event and CltyVue
I)ar°tmejnN agree to the terms of the sponsor partnership as outlined above.
City of Eagan Representative
D ate
CityVue Apartments Representative Date
-End-
Eagan Market Fest 2016
Eagan 55 plus/Seniors - 5"' Year .Renewal
_n Parka .& Recreation
Partnership Agreement
Promotional Partnership Sumnnary:
The City of Eagan Parks & Recreation Department and the Eagan Market
Fest Community Event seeks to renew for a fourth year a beneficial
partnership with Eagan 55 plus/Seniors as a supporter of Eagan Parks &
Recreation's award winning Eagan Market Fest community event. A
partnership at this level provides Eagan 55 plus/Seniors with marketing
exposures and outreach opportunities in order to reach Eagan and
surrounding area residents and bringing Eagan 55 plus/Seniors greater
public exposure as a civic minded partner.
5"' Year Renewal of Eagan Market Pest Partnership:
Partnership Level - $300
Event Summary:
The Eagan Market Fest has, seen significant growth both in the number of vendors as well as the number of attendees and has
been recognized both locally and nationally as an event of high quality that brings the community together.
2015 Event Highlights:
• Set a new 9 -year season attendance record of 49,909 visitors.
Launched Kids POP Club (Power of Produce) to education kids on healthy
eating
Awards:
This event has been rated 41 in MN in 2011, #2 in MN 2010, 2012 and a Top 20
nationwide market every year since 2010 by American Farmland Trust in Washington
DC and has the full support of the Eagan community. The contest was disbanded in
2013, In 2015, Eagan Market Fest was named the "Best Place to View Live Music in
Eagan".
The Eagan Market Fest has become known by Eaganites as "our community's main street." The focus is on healthy living by
offering a farmer's market with fresh.produce, artisan booths, free family activities, live music and performance groups. The
event's main purpose is to bring residents together. This is a true community endeavor. In 2016, the market will be held
18 weeks. Several themed weeks with additional activities planned including a 10t1' Anniversary Celebration and a
Bollywood Indian Celebration,
2016 Market Dates/Time: Wednesdays, June 1— August 31 (4:00-8:00 pm) and September 9 30 (3:00 — 7:00 p.m.)
Market Location:
Eagann's Central Park and Festival Grounds at the Eagan Community Center located at 1501 Central Parkway, Eagan,
Event Target Audience:
This event attracts a wide audience range. Its focus is on Eagan residents although the event
attracts visitors from other local cities. Attendees include working adults who visit the event
after work, adults of all ages 18 through senior adults, adults 20-50 with children and culturally
diverse populations, Attendance in 2015 set an overall season record with 49,909 visitors.
Partner & Vendor Relationships Statement: Our partners are very important. Market Fest has a designated coordinator
who oversees all aspects of the event. The coordinator supervises planning, marketing and vendor relations and is onsite
each week during Market Fest. It is the City's goal to make each partner successful so they have a great experience and will
join us again.
Public Feedback: Below is a sampling of how the conununity views the event, the
common thread being that it centers the community and is the premier gathering place
for people who live, work and play in Eagan.
"'Phis market is the fiber that connects the conmmnity together andis much more than
just a farmers market providing concerts and activities for all ages."
"'Ibe Eagan Market Test is the friendliest, most expansive and well laid out farmers
market .I. have ever experienced."
"Eagan Mgflcet Fest is a c:omnTUnity gathering that encourages fancily participation, In addit.ioti to fresh produce, there's live
music, activities tar the kids, food and craft vondors, plenty of parki::a.g and a great location. We are very fortunate to have
this weekly sa imnertime gem right in our backyards!
"Eagan takes great pride in keeping our bustluig metro .city feeling small town and familiar. As a resident and continued
supporter of the Fagan Market Fest I find a wide variety of farms showcased at the weekly market as well as local
entertainment, neighbors and fiiends."
"We have been attending the Eagan. Market. Fest every summer fo.r. the past 5
years, andit gets better each year! The food., vendors and music are all
amazing! I don't know how we in MN wi.t.bout this...The
Eagan Market Fest has been a wonderful addition to our great city of Eagan,
anal it has 'brought our coininunity together i:i.a. a way thatnothing else Lias."
"'1"lsis is such a beautiful venue. '.l:`he atmosphere is complete with avariety
of vendors and the friendliness is unsurpassed.. '(`here are also a lot of foods
= _ to sample so you know what you are buying ahead of'1:i�.ne. There is always
some terrific entertainment to please all crowds. The grounds are
meticulously maintained. There is a new pavilion complete with. bathrooms, there .is a wonderful. playground far children, an
exercise area with lots of epiprnent for all ages, walking paths, pienic tables, pond with fountain, corruilunity center, gazebo
a beautiful new memorial and so much more."
"I have been volunteering at the Market Fest since last year. It is a complete entertainment experience, with not only the
basic farmer market goodies, but also entertainment, children's activities, fair fare, and wonderful, roomy and. clears .grounds
with ample parking. I go'to many different farmers markets around the cities, andthis one is the best in zny opinion."
CONTACT: Kerry Phillips
Recreation Supervisor & Market rest Coordinator
Phone: (651) 675-5525 or (651) 675-5500
E-mail: kphillips�rc cityofeag_an.corn
Web Site: www.cityofeagan.com/Marketfest
.Eagan Parks and Recreation Department
Eagan Market Vest Partnership Proposal
PARNTER - $300 LEVEL (Renewal Request)
June 1— September 289 2016 (18 weeks)
The total cash value of partnership is $300
Eagan 55 plus/Seniors Proposed Partnership Role:
Eagan 55 plus/Seniors have been a partner of the Eagan Market Fest since 2012. In 2015, Eagan
55 plus/Seniors participated at the $300 level.
Below are the benefits at the $300 level for 2016:
• Enter into a $300 Financial Partnership paid byEagan 55 P'lus/Senlor°s to the 2016
Eagan Market Fest paid no later :than June 1, 2016. Made payable to the City of Eagan
and submitted to: Kerry Phillips, Eagan Parks & Recreation, 3830 Pilot Knob Rd.,
Eagan, MN 55122.
® lagan 55 .PluYlSeniors may attend the Eagan Market Fest with a booth promoting the
Eagan Senior Center and its programs offering information to the public on Wednesday,
August 10, 2016. No selling except for Sundaes may occur.
Eagan 55 Plus/Seniors may have work in conjunction with the City of Eagan in ice
cream, sundae tent, with Eagan 55 Plus/Seniors working the tent to promote the Eagan
Senior Center. Ice cream sundae supplies will be provided by the Eagan 55 Plus/Senior
Center. The City of Eagan will provide two tent (1 for sundaes and 1 for promoting the
Senior Center), as well as table and chairs. A member of the Eagan Community Center
Concession staff will also be present to assist in booth operation.
® Starting cash will be provided by Eagan 55 PlrsvISealrrm with Eagan 55 Plus/Seniors
receiving revenues for the Eagan Senior Center,
Eagan Parks & Recreation and Eagan. Market Fest's Role:
In return for the support provided by lagan 55 P'luslSeniony for the 2016 Eagan Market Fest
event, The City of Eagan, Eagan Parks & Recreation Department and the Eagan Market Fest
event will provide:
Eagan 55 P'lus/Senionv will have the opportunity for a partnership booth at Market Fest
on Wednesday, August 10, 2016.
■ Logo and/or name recognition of Eagan. 55.PluslSenior^s on the designated theme night
advertising.
■ Provide one A -frame sign board with a paper plotter sign advertising the .Pagan 55
.Plus/Senionv.
Provide two 10' x 10' canopy tents, weights, table and chairs for Senior Booth and Ice
Crean Sundae Booth.
Contact:
Eagan Market Fest
Kerry Phillips — Recreation Supervisor & Eagan Market Fest Coordinator
Trade Agreement Disclaimer
Ownership of Promotional Materials: Any plan, idea and all promotional materials created by
.Eagan 55.pluslNe om or Eagan Parks and Recreation Department shall be and will remain the
property of both parties.
Agreement
The City of Eagan Parks and Recreation Department, the Market Fest Event and Ecr ur7 55
pluslSenlor°s agree to the tei7ns of the sponsor partnership as outlined above.
City of Eagan. Representative
Eagan 55 plus/Seniors Representative
--End--
Date
Date
Agenda Information Memo
May 3, 2016 Eagan City Council Meeting
CONSENT AGENDA
Z. Contract 16-04, Central Maintenance Facility
Extension of Work Hours and Construction Activity Noise
Action To Be Considered:
Authorize a variance to the Construction Activity Noise Regulations (City Code Sec. 10.37) to
exempt Citywide daily maintenance/management and Central Maintenance Facility renovation
activities between 6:30 a.m. and 7:00 a.m. Monday through Friday, from Monday, May 2, 2016,
to Monday, September 5, 2016, for City maintenance personnel and Central Maintenance
Facility renovation (Contract 16-04) contractors.
Facts:
➢ On March 15, 2016, the City Council approved Contract 16-04 with Ebert Construction
Inc. for Phase I of the renovation of the Central Maintenance Facility (CMF) at 3501
Coachman Pointe. Contract 16-04 consists of the construction of additional heated
vehicle storage and equipment bays, enlarged and updated service bays, as well as site
improvements for drainage and other miscellaneous needs.
➢ On April 18, a preconstruction meeting was held with City Public Works and Parks
Maintenance staff and Ebert Construction, where a detailed project schedule for the
renovations was reviewed.
➢ Section 10.37 of the City Code prohibits the following activity between the hours of 10
p.m. and 7:00 a.m. within the City; including but not limited to: operation, repair,
servicing and engine start-up/warm-up of heavy construction equipment; loading and
unloading of heavy equipment; and delivery of supplies; or the use of power lawn or
landscape maintenance equipment, including but not limited to: lawn mowers; hedge
clippers; grass/weed trimmers; garden tillers; chainsaws; leaf blowers; wood chippers.
➢ In an effort to limit conflicts between City activities at the CMF during the renovation
construction, City maintenance crew start times are proposed to shift from 7:00 a.m. to
6:30 a.m., Monday through Friday, during the initial three months of construction. This
one-half hour earlier start would allow City crews to exit the CMF site before
construction activities by the contractor would commence each work day.
➢ The City Council has approved numerous similar requests for extended construction
activity previously to reduce the construction schedule. Examples include: TH 149
upgrade (City project - 2007), TH 3 overlay (MnDOT project — Spring 2010), Cliff Road
Water Main improvements (City project — Fall 2010), and Diffley Road Street
Improvements (County project - 2013).
Attachments: (0)
Agenda Information Memo
May 3, 2016 Regular City Council Meeting
APPOINTMENT OF ADVISORY COMMISSION MEMBERS
Action To Be Considered:
To appoint members to the City Council's advisory commissions with terms beginning in
May 2016.
Facts:
➢ Advertising for the Commission vacancies takes place year-round, with an
emphasis in recruitment from January — March.
This year, the commission vacancies were advertised on the City's website,
Experience Eagan newsletter, Facebook, Twitter, and local access cable
television.
➢ The deadline for applications to be considered for appointment in May 2016 was
March 18, 2016.
➢ EEAC incumbent W. Dustin Mirick submitted his application for reappointment
on April 14, as he inadvertently missed the deadline.
➢ There were 23 applicants this year.
➢ Per City Code, each commission may have up to seven (7) regular members. Each
commission may also have one alternate member appointed, albeit the alternate
appointment is optional and is not required.
➢ The City Council will be asked to vote via ballot, which will be distributed at the
meeting. At the request of the Council, the voting will be done by commission in
the following order: 1) Advisory Planning Commission; 2) Advisory Parks and
Recreation; 3) Airport Relations Commission; and 4) Energy and Environment
Advisory Commission.
➢ Per the Council's Guidelines for Commission Appointment Policy, in the event of
a stalemate after three rounds of voting on a specific Commission appointment,
the Mayor shall have the authority to make the appointment of the specific term
that resulted in the stalemate.
➢ The Commissioners appointed tonight will receive a letter from the City, in which
they will be invited to participate in a new commission member orientation with
their commission staff liaison. New Commissioner Orientation packets will be
available via the Web site.
➢ Rather than duplicating all of the commission applications, the Council is asked
to bring their interview binders to the May 3, 2016 City Council meeting.
Attachments: (2)
AACM-1 Summary of openings on each Advisory Commission
AACM-2 EEAC Incumbent Application
2016 City Council Advisory Commission Appointments
Advisory Planning Commission (APC)
2 -year Terms
1.
2.
3.
(1 -year Alternate
Advisory Parks and Recreation Commission (APrQ
2 -year Terms
1.
2.
(1 -year Alternate :
Airport Relations Commission (ARC)
2 -year Terms
1.
2.
3.
(1 -year Alternate
Energy and Environment Advisory Commission (EEAC)
2 -year Terms
1.
2.
3.
4.
5.
(1 -year Alternate : )
City of Eap
CITY OF EAGAN
BACKGROUND INFORMATION FORM
*Please type or print clearly in inti
a f A ® l �� I1
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Name Dae
In order that the Mayor and Councilmembers have a better understanding of your background
and interests, please provide the following information: (Attach extra sheets if necessary).
Home Addres one(H)-11KNOWWW"
Zip Code
Email Addres
How long have you lived in Eagan?_��Q years
Employer��7�
Occupation Phone
Please indicate which Committees/Commissions you are applying for. List only those you
would be seriously interested in serving on. _
sr Choosei`�0�° �d �Bj�tB Z�Choice
1 Choice hoose...
3rd Choice Choose...
4th Choice Choose...
Prior experience on City Commissions, City Boards, etc.
LN
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Provide a short paragraph summarizing why you are seeking an appointment to a Commission in
the City of Eagan.
1- 1% �' A A
r' jA & C` F4 -
Briefly describe;:your background, experience6nd'any other information not previously given Y
which you believe should be considered regarding the appointment you are seeking.
FiE''"FFY
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Return to: City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Telephone: (651) 675-5001
Fax: (651)675-5012
Date Received " ► - `� -1
(For Office Use Only)
Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
New Business
A. Conditional Use Permit -Burgers and Bottles
Action To Be Considered:
Approve a Conditional Use Permit to allow on -sale liquor in conjunction with a full service
restaurant located at 1278 Lone Oak Road.
Facts:
➢ On -sale liquor in association with a full service restaurant is a Conditional Use in the NB
zoning district.
➢ In October of 2014, the operators of Burgers and Bottles opened the 48 seat restaurant at
the subject location and, in November 2015, the 32 seat Volstead House Whiskey Bar and
Speakeasy opened in an adjacent space.
➢ The City recently became aware that Eagan Planning staff erroneously believed a Conditional
Use Permit for on -sale liquor was previously approved for the property and shared that
misinformation with the City Clerk. As a result, an on -sale wine and beer license was
processed and issued for the original restaurant space on July 15, 2014. The license
subsequently modified to an on -sale liquor license on September 1, 2015.
➢ The applicant is requesting approval of the Conditional Use Permit to continue operation of
the on -sale liquor associated with the restaurant, which the operators believe is essential to
its existence.
➢ A final inspection and issuance of a Building Permit for the outdoor patio space has occurred
since the report was completed. As such, Condition of Approval #2 is moot and can be
stricken.
➢ At their regularly scheduled meeting on April 26, 2016, the Eagan Advisory Planning
Commission recommended approval of the Conditional Use Permit.
Attachments: (4)
NBA -1 Location Map
NBA -2 Draft 04-26-16 APC Minutes
NBA -3 Planning Report
NBA -4 Exhibits
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MINUTES OF A REGULAR MEETING OF THE
EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
April 26, 2016
A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 26,
2016, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Filipi, Vice Chair
Vanderpoel, Secretary Piper, Members Sagstetter, Dierkes, Woebke, and Weimert. Also
present were, City Planner Mike Ridley, Planner Pam Dudziak, Planner Sarah Thomas,
Assistant City Engineer Aaron Nelson, and City Attorney Bob Bauer. No one was absent.
AGENDA
Member Piper moved, Member Vanderpoel seconded a motion to adopt the Agenda.
A vote was taken. All voted in favor. Motion carried 7-0.
March 22, 2016 ADVISORY PLANNING COMMISSION MEETING MINUTES
Member Vanderpoel moved, Member Weimert seconded a motion to approve the March 22,
2016 Advisory Planning Commission Meeting minutes.
All voted in favor. Motion carried 7-0.
III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT)
There were no visitors who wished to be heard.
1V. PUBLIC HEARING
New Business
A. Burgers & Bottles
Applicant Name: Lone Oak Plaza LLC, c/o Tri-Star Mgmt.
Location: 1278 Lone Oak Road; Lot 1, Block 1, Eagandale Lemay Lake 3rd Addition
Application: Conditional Use Permit
A Conditional Use Permit to allow on -sale liquor.
File Number: 10 -CU -02-03-16
City Planner Mike Ridley introduced this item and highlighted the information presented in the
City Staff report dated April 8, 2016.
Chair Filipi-opened the public hearing.
Advisory Planning Commission
April 26, 2016
Page 2 of 21
There being no public comment, Chair Filipi closed the public hearing and turned the discussion
back to the Commission.
Member Piper moved, Member Weimert seconded a motion to recommend approval of a
Conditional Use Permit to allow on -sale liquor in conjunction with a full service restaurant
located at 1278 Lone Oak Road, Lot 1, Block 1, Eagandale Lemay Lake 3rd Addition, subject to
the following conditions:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council.
2. The outdoor dining area is subject to City Code requirements. The on -sale alcohol shall
include and permit the service of alcoholic beverages in the outdoor dining area,
provided the space receives final Building Permit approval and meets all requirements of
City Code, Building Code and Liquor License.
All voted in favor. Motion carried 7-0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: April 8, 2016
APPLICANT: Lone Oak Plaza LLC
CASE: 10 -CU -02-03-16
HEARING DATE: April 26, 2016
PROPERTY OWNER: Excel Development LLC APPLICATION DATE: March 16, 2016
REQUEST: Conditional Use Permit
LOCATION: 1278 Lone Oak Road
PREPARED BY: Erik Slettedahl
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: NB, Neighborhood Business
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit to allow on -sale liquor in
conjunction with a full service restaurant located at 1278 Lone Oak Road, legally described as
Lot 1, Block 1, Eagandale Lemay Lake 3rd Addition.
AUTHORITY FOR REVIEW
Conditional Use Permit:
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
Planning Report — Burgers and Bottles/Lone Oak Plaza CUP -On -Sale Liquor
April 26, 2016
Page 2
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
8. Is appropriate after considering whether the property is in compliance with the City Code.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall
require such evidence and guarantees as it may deem necessary as proof that the conditions
stipulated in connection therewith are being and will be complied with.
BACKGROUND/HISTORY
In 2009, the current operators, Tony and Rheata Donatell, opened the Lone Oak Market within
the Lone Oak Plaza retail center, converting it from a former Oasis Market. In October of 2014,
they leased the adjacent space and opened the 48 seat Burgers and Bottles restaurant. In
November 2015, the Donatells opened the 32 seat Volstead House Whiskey Bar and Speakeasy
in an attached space formerly occupied by an auto repair business.
Eagan Planning staff erroneously believed a Conditional Use Permit (CUP) for on -sale liquor
was previously approved for the property and shared that misinformation with the City Clerk.
As such, an on -sale wine and beer license was processed and issued for the original restaurant
space on July 15, 2014. They subsequently switched to an on -sale liquor license on September
1, 2015. The NB (Neighborhood Business) Zoning District requires approval of a CUP to allow
on -sale liquor, beer and wine. The fact that a CUP for this site was never processed did not
come to light until early March of this year.
EXISTING CONDITIONS
The Lone Oak Plaza shopping center is a 16,000 square foot multi -tenant retail building built in
1988 that is currently anchored by a 5,300 square foot Montessori school at its east end and the
6,400 square foot Lone Oak Market/Burgers and Bottles/Volstead House at its west end.
Approximately 5,000 square feet of additional retail/service space is located between the
Planning Report — Burgers and Bottles/Lone Oak Plaza CUP -On -Sale Liquor
April 26, 2016
Paae 3
anchors. The site contains 97 parking spaces, including the 14 behind the building on its south
side and 10 associated with the Lone Oak Market's gas pump station.
Burgers and Bottles/Vo I stead House is a connected restaurant space with 80 indoor seats and 24
patio seats. Kitchen space is shared with the Lone Oak Market. While the restaurant space is
currently open and operational, a Building Permit remains open to complete the outdoor patio
space.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
EVALUATION OF REQUEST
Compatibility with Surrounding Area— The NB zoning district is generally located adjacent to or
in close proximity to residential neighbors and intended to provide daily retail goods and
services. This site is mainly surrounded by hotel, multifamily residential and industrial uses.
The proposed use is a conditional use in the NB district and appears compatible with the site and
adjacent land uses.
Proposal — The applicant is requesting approval of the CUP to continue operation of the on -sale
liquor associated with the restaurant, which the operator states is essential to its existence. The
on -sale liquor also requires a license under Chapter 5 of the City Code, which was fully issued in
2015.
On -Sale Liquor — This site, with the exception of the outdoor patio space, appears to be
consistent with on -sale liquor licensing requirements, and the business appears to be operating
within the required parameters. The site meets the special use setback requirements from
specified protected uses that include residential, schools, daycares and churches. Although there
is a daycare located within the same building, it is part of the same zoning district and planned
commercial development; therefore, allowed by City Code. Compliance related to the liquor
license and design of the outdoor seating area will be confirmed upon final inspection of its open
Building Permit.
Existing Use
Zoning
Land Use Designation
North
County Right -of —
I-1, Limited Industrial
IND, Limited Industrial
Way and
Industrial Uses
South
Hotel, Sonesta
PD, Planned
RC, Retail Commercial
Development
East
Hotel, Hampton
PD, Planned
RC, Retail Commercial
Inn
Development
West
Lemay Lake
R-4, Residential
HD, High Density (12+
Apartments
Multiple
units/acre)
EVALUATION OF REQUEST
Compatibility with Surrounding Area— The NB zoning district is generally located adjacent to or
in close proximity to residential neighbors and intended to provide daily retail goods and
services. This site is mainly surrounded by hotel, multifamily residential and industrial uses.
The proposed use is a conditional use in the NB district and appears compatible with the site and
adjacent land uses.
Proposal — The applicant is requesting approval of the CUP to continue operation of the on -sale
liquor associated with the restaurant, which the operator states is essential to its existence. The
on -sale liquor also requires a license under Chapter 5 of the City Code, which was fully issued in
2015.
On -Sale Liquor — This site, with the exception of the outdoor patio space, appears to be
consistent with on -sale liquor licensing requirements, and the business appears to be operating
within the required parameters. The site meets the special use setback requirements from
specified protected uses that include residential, schools, daycares and churches. Although there
is a daycare located within the same building, it is part of the same zoning district and planned
commercial development; therefore, allowed by City Code. Compliance related to the liquor
license and design of the outdoor seating area will be confirmed upon final inspection of its open
Building Permit.
Planning Report — Burgers and Bottles/Lone Oak Plaza CUP -On -Sale Liquor
April 26, 2016
Page 4
Parking — The site contains 97 parking spaces, including the 14 behind the building on its south
side and 10 associated with the Lone Oak Market's gas pump area. Based on the current tenant
mix, the onsite parking meets City Code standards.
SUMMARY/CONCLUSION
The applicant is requesting approval of a Conditional Use Permit to allow on -sale liquor in
conjunction with an existing full service restaurant at 1278 Lone Oak Road. Based on
misinformation provided by Eagan Planning staff to the City Clerk, an on -sale wine and beer
license was processed and issued for the original restaurant space on July 15, 2014 and
subsequently that license was switched to an on -sale liquor license on September 1, 2015.
On -sale liquor in association with a full service restaurant is a conditional use in the NB zoning
district. The use appears compatible with the site and surrounding land uses. However, liquor
service should not be provided to the outdoor patio area until final approval of the open Building
Permit has occurred.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow on -sale liquor in conjunction
with a full service restaurant located at 1278 Lone Oak Road, Lot 1, Block 1, Eagandale Lemay
Lake P Addition. If approved the following conditions shall apply:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council.
2. The outdoor dining area is subject to City Code requirements. The on -sale alcohol shall
include and permit the service of alcoholic beverages in the outdoor dining area, provided
the space receives final Building Permit approval and meets all requirements of City
Code, Building Code and Liquor License.
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LONE OAK ROAD
LARKING PLAN _
Lone Oak Plaza PLAN NORTH
1250-1286 Lone Oak Road
Eagan, MN
CUP Narrative For Burgers and Bottles/llolstead House Whiskey Bar and Speak
Easy at Ione Oak Plaza Ea an Minnesota
The owner of Lone Oak Plaza, Lone Oak Plaza LLC, is requesting a Conditional Use
Permit (CUP) for a liquor license for the above referenced tenant of Lone Oak Plaza.
The owner of the restaurant also took over the Oasis Market in 2009 and began
operating as Lone Oak Market and gas station, which has been very successful and is a
benefit to the center and the Eagan community.
Additionally, Burgers and BottlesNolstead House Whiskey Bar and Speak Easy has
also been a very successful restaurant at the center and is appreciated as a locally
owned dining option in the Eagan community. We have never received a complaint
regarding on -sale liquor at the restaurant, and have only received positive feedback
from the customers that have dined there. Therefore, we see no issues with approving
the CUP request for them at this time or in the future.
Frogrom 1+
1278 Lone Oak Rd, Eagan
651-335-o620
loneoakinarket@gmail.com
3/18/2o16
Dear City of Eagan,
Thank you for your consideration of our CUP for liquor licensing for our business located at 1278
Lone Oak Rd. We have been operating a family owned restaurant called Burgers and Bottles with
a liquor license issued by the City of Eagan since October of 2014 and have since added an
additional room that we call Volstead House Whiskey Bar and Speakeasy in November of 2015.
Both of these projects were given approval by the City of Eagan Planning Department and
received approval from the Eagan City Council for liquor licensing.
On March 0 1 received an email from Sarah Thomas explaining that there was a terrible mix up
and that the NB zoning district allows restaurants as a permitted use but on -sale requires a
conditional use permit.
In 2009 we started Lone Oak Store LLC (Lone Oak Market) with just 7 employees by taking over
the old and worn Oasis Market located at 1286 Lone Oak Rd and have since grown to include
three restaurants with 6o employees, Burgers and Bottles and Volstead House only work if we
can sell alcohol to our guests. We again thank you for your consideration of this CUP, it means
everything to our business.
Warm regards,
Rheata Donatell
Majority Shareholder, Lone Oak Store LLC /dba Burgers and Bottles/Volstead House
Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
NEW BUSINESS
B. Conditional Use Permit — Safety-Kleen
Action To Be Considered:
To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to
allow outdoor storage of commercial trucks, trailers and other vehicles, roll -off containers, and
other heavy duty equipment and materials upon property located at 3227 Terminal Drive,
subject to the conditions listed in the APC minutes.
Required Vote For Approval:
➢ Majority of Councilmembers present
Facts:
➢ The property is zoned 1-1, Limited Industrial, in which outdoor storage is a conditional
use.
➢ The property consists of three parcels which function as a single site. A Final Plat
application has been submitted to replat the property and consolidate the parcels into a
single lot.
➢ The property was initially developed in 1964. Prior Conditional Use Permits issued in
1985 and 1995 for above ground storage tanks for solvents remain applicable.
➢ The outdoor storage is associated with the trucks and equipment utilized by the field
team for the environmental cleanup services portion of Safety-Kleen's business.
➢ The proposal involves expansion of impervious surface by approximately 22,000 s.f. and
will require a Grading Permit. No expansion of the building is proposed at this time.
➢ The proposed outdoor storage appears to satisfy the performance standards in the City
Code.
➢ The Advisory Planning Commission held a public hearing on the proposal at their April
26, 2016 meeting, and did recommend approval.
Issues:
➢ None
60 -Day Agency Action Deadline:
➢ May 29, 2016
Attachments: (4)
NBB-1 Location Map
NBB-2 Draft April 26, 2016, APC Meeting Minutes
NBB-3 Planning Report
NBB-4 Report Exhibits
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Advisory Planning Commission
April 26, 2016
Page 3 of 21
B. Safety-Kleen
Applicant Name: Todd Zink, Safety-Kleen Corp.
Location: 3227 Terminal Dr; Parts of Lot 3 & 4, Block 1, Sibley Terminal Industrial Park
Application: Conditional Use Permit
A Conditional Use Permit to allow outdoor storage of commercial trucks, trailers and other
vehicles, roll -off containers, and other heavy duty equipment and materials.
File Number: 08 -CU -03-03-16
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated April 21, 2016.
Chair Filipi opened the public hearing.
There being no further public comment, Chair Filipi closed the public hearing and turned the
discussion back to the Commission.
Member Dierkes questioned the reference to soil conditions in the storm water section of the
planning report.
Assistant City Engineering Aaron Nelson responded that soil conditions on the site are not
conducive to stormwater infiltration, so the stormwater basins are designed for filtration instead.
City Engineering staff is comfortable with the proposed stormwater management plan.
Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a
Conditional Use Permit to allow outdoor storage of commercial trucks and equipment upon
property located at 3227 Terminal Drive, legally described as Parts of Lot 3 and 4, Block 1,
Sibley Terminal Industrial Park, subject to the following conditions:
1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office
within 60 days of approval by the City Council, with the following exhibit:
• Site Plan dated 03/29/16
2. The property shall be replatted as a single lot.
3. Outdoor storage of commercial trucks and equipment shall be permitted in the numbers
and locations as delineated on the Site Plan dated 03/29/16.
4. Building address numbers shall be reviewed for consistency with the standards in
Section 2.78 of City Code, and new address number signs installed if necessary to
achieve compliance.
5. A Site Lighting Plan shall be provided to city staff for review prior to release of the
Conditional Use Permit for recording.
Advisory Planning Commission
April 26, 2016
Page 4 of 21
6. The applicant shall install landscape screening along the front of the property, and
provide a Landscape Plan for staff review prior to release of the Conditional Use Permit
for recording.
7. The owner shall maintain all paved surfaces in good condition.
8. The applicant shall obtain a Grading Permit from the City prior to constructing the
proposed parking lot expansion.
9. Detailed plans for this grading work shall be prepared and signed by a registered
professional engineer.
10. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for stormwater management and surface water quality,
including Runoff Rate Control and Volume Control on the site's new and fully -
reconstructed impervious surface area.
11. Prior to proceeding with land disturbing activity, the property owner shall enter into a
long-term stormwater management system maintenance agreement with the City,
detailing the inspection and maintenance required to occur to ensure proper operation
and performance of the permanent stormwater management system, in a form
acceptable to the City Attorney.
12. A Stormwater Management System Performance Guarantee shall be provided for this
project, based on 2016 Fee Schedule Rates for total land disturbance. Before the city
returns any Stormwater-related Performance Guarantee Fees for this project, the
applicant shall provide the City Engineer with as -built plans and engineer's certification
that demonstrate that all constructed stormwater conveyance structures and stormwater
management facilities (pre-treatment, filtration practices, etc.) conform to design and/or
construction plans, as approved by the City.
All voted in favor. Motion carried 7-0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: April 21, 2016
APPLICANT: Safety-Kleen Corp.
PROPERTY OWNER: Safety-Kleen Corp.
REQUEST: Conditional Use Permit
LOCATION: 3227 Terminal Drive
CASE: 08 -CU -03-03-16
HEARING DATE: April 26, 2016
APPLICATION DATE: March 30, 2016
PREPARED BY: Pam Dudziak
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: 1-1, Limited Industrial
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of
commercial trucks and equipment upon property located at 3227 Terminal Drive, legally
described as Parts of Lot 3 and 4, Block 1, Sibley Terminal Industrial Park.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
Planning Report — Safety-Kleen
April 26, 2016
Page 2
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
8. Is appropriate after considering whether the property is in compliance with the City Code.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
BACKGROUNDMISTORY
The subject site is comprised of three parcels, all of which are owned by Safety-Kleen. The
Safety-Kleen facility is located on the southern two parcels, and the parking lot encroaches into
the northerly parcel. The property was initially platted in 1964, and parcel boundaries have
changed over time without replatting of the property. The three parcels should be replatted and
combined into a single lot at this time.
The property currently has two existing Conditional Use Permits issued in 1985 and 1995
allowing outdoor storage of above ground tanks for solvents. These Conditional Use Permits
remain applicable. The tanks are located on the southwest corner of the site and identified on the
site survey of existing conditions.
EXISTING CONDITIONS
The entire site is approximately 6.2 acres in size and is developed with a 13,500 s.f. building
constructed in 1971. Three parcels make up the subject site. Access is provided from Terminal
Drive in one location.
There are some wooded areas on the western and north central portion of the property.
Planning Report — Safety-Kleen
April 26, 2016
Page 3
SURROUNDING USES
The site is surrounded by industrial property and uses.
EVALUATION OF REQUEST
Description of Proposal — The applicant is proposing outdoor storage of commercial trucks and
equipment associated with the environmental cleanup services portion of their business. Safety-
Kleen is relocating their field service team from Cannon Falls to the Eagan site. To
accommodate the vehicles and equipment associated with that branch of operations, they are
proposing to add an outdoor storage area to the existing Safety-Kleen facility. A summary of the
business and operations is provided below:
Following acquisition by Clean Harbors, Inc. in 2012, Safety-Kleen, Inc. operates
as a subsidiary of that parent company. "The Clean Harbors Field Service Line of
Business currently operates out of Cannon Falls, Minnesota and ... performs
various environmental cleanup services on customer sites and other locations."
The company is proposing to relocate the Cannon Falls Field Service team to the
Safety-Kleen Eagan facility, and is requesting approval of a Conditional Use
Permit for the outdoor storage associated with those operations.
Airport Noise Considerations — The site is located within the one -mile Buffer of Airport Noise
Zone 4. Within this area, industrial uses are considered compatible.
Site Plan — The Safety-Kleen facility is located on the southern two parcels, and the parking lot
encroaches into the northerly parcel. There are two existing sheds to the rear of the principal
building, and some existing storage tanks near the southerly shed.
In addition, trucks and vans that must be plugged in during winter months are proposed to be
parked at the front edge of the property where a concrete pad with block heater stations is
proposed. This storage is located within the fence and behind the front building line in the side
yard.
The proposal adds approximately 17,000 s.f. of pavement to accommodate the proposed outdoor
storage. Another 2,500 s.f. of pavement is proposed at the front of the site with the installation of
5 block heater outlets. According to the narrative and Site Plan, the outdoor storage items consist
of the following and the Site Plan details where each of the items will be stored on the site:
5 pickup trucks 1 flatbed trailer
2 vac trucks 1 Hotsy steam trailer
5 roll offs plus one double frame roll off 1 portable hoist
1 tanker 1 skid trailer
2 boats Stacked totes
Planning Report — Safety-Kleen
April 26, 2016
Paee 4
4 trailers plus one drum trailer 2 hose racks
1 semi tractor 1 skid vac
The building is not proposed to be expanded at this time. The 13,500 s.f. office/warehouse
building requires 28 parking stalls per City Code standards. The plan provides for 46 parking
stalls. Existing parking stalls are 9' wide.
Setbacks — Outdoor storage is required to be set back 20' from public rights-of-way, and 5' from
side and rear lot lines in the I-1 zoning district. The proposed outdoor satisfies these setbacks.
Site Lighting — Site lighting is not shown on the submitted plans. City Code requires site lighting
to be provided as is necessary for security, safety and traffic circulation. Site lighting should be
modified or added to cover the expanded outdoor storage area. A Site Lighting Plan should be
provided for City staff review prior to release of the Conditional Use Permit for recording.
Building Address Numbers — Building address numbers shall be reviewed for consistency with
the standards in Section 2.78 of City Code, and new address number signs installed if necessary
to achieve compliance.
Landscaping — No new landscaping is proposed. The site contains landscaping around the front
building foundation. The City's landscape standards require screening between parking lots and
public right-of-way. Such screening is absent on this property, and as such, is non -conforming to
current City Code standards. The site improvements should add landscape screening along the
front of the property to provide required screening of parking areas from the public right-of-way.
Tree Preservation — This development's tree preservation will be considered on a single -lot,
commercial type of application. Per the City of Eagan Tree Preservation Ordinance allowable
tree removal for this type of development proposal is set at 30.0%. The proposed removal of
significant trees is 6.8%, therefore, there is no required tree mitigation.
A tree inventory has been submitted with this application and then field verified by city staff. The
woodland/tree inventory indicates that there is 134,164 square feet of significant woodlands
currently existing on site. According to the plan submittal, significant woodland/tree impacts
will result in the removal of 9,147 square feet of significant woodland (6.8% of the total).
Because the proposed removal of significant trees is less than allowable there is no required tree
mitigation.
Wetlands — Because there are no wetlands on site, City Code §11.67, wetland protection and
management regulations, does not apply.
Stormwater Management/ Water QualitX — The applicant proposes to add 22,000 square feet of
new or fully -reconstructed impervious surface on this site for parking and equipment storage.
Due to the size of .proposed additional/fully-reconstructed impervious (over 10,.000 square feet),
Planning Report — Safety-Kleen
April 26, 2016
Page 5
the type of operations/equipment storage that is existing and proposed at this site (hazardous
waste cleanup, used oil collection and refining, etc.), and the site's direct discharge to a wetland
(CP -8), this proposal will need to comply with the City's Post Construction Stormwater
Management Requirements (City Code §4.34) for stormwater management and surface water
quality, including Runoff Rate Control and 1.1" Volume Control. The site soils were determined
to be prohibitive to soil infiltration (D -soils with very slow infiltration rates and also evidence of
contaminated soils), so filtration was allowed as a Permissible Alternative Stormwater Volume
Control Design.
The applicant proposes to meet City water quality requirements through construction of a 4 -foot
depth sump structure with scour protection and floatables skimmer hood for pre-treatment and a
sub -surface pipe -gallery filtration system.
Eagan Water Resources staff have reviewed the applicant's plans, stormwater design summary
and modeling provided for stormwater management and finds the proposed plans to meet City
Code §4.34 Post -Construction Stormwater Management Requirements are acceptable with
conditions to ensure effective construction techniques, staging and oversight, and future
maintenance for continued function.
Utilities — The existing building is connected to the City sanitary sewer and water main
systems. No additional connections or modifications are proposed with this application.
Streets/Access/Circulation — Public street access will remain unchanged onto Terminal
Drive. The applicant proposes to add a concrete pad that is approximately 2,500 square
feet, and expand their rear parking lot by approximately 17,000 square feet to store their
day to day equipment. The parking lot expansion is proposed to be constructed with a
bituminous asphalt surface and concrete curb and gutter. City Code requires parking lots
to be surfaced with a material to control dust and drainage, and that the surface shall be
properly maintained to prevent deterioration. Bituminous asphalt is the most -widely -used
surfacing material to accomplish this requirement and is required for outdoor storage
areas.
Because more than 10,000 SF of land will be disturbed, the applicant should obtain a
grading permit from the City prior to constructing the proposed parking lot expansion.
Detailed plans for this grading work should be prepared and signed by a registered
professional engineer.
Drainage & Utility Easements — The three existing parcels are being combined into one
new parcel, with a separate application for Final Plat. Standard drainage and utility
easements along the perimeter of the perimeter of the property, and over all public
utilities, should be dedicated with the new plat.
Planning Report — Safety-Kleen
April 26, 2016
Page 6
Outdoor Storage — In addition to the requirements for a conditional use permit listed above, City
Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as
follows:
a. Outdoor storage items shall be placed within an enclosure as necessary to achieve
appropriate security and containment or for public safety reasons when determined
necessary by the city. In general business (GB) and community shopping center (CSC)
zoning districts, the enclosure shall be attached to the principal building and be
constructed of materials which are aesthetically compatible with the principal building.
In limited industrial (I--1) and general industrial (I--2) zoning districts, the enclosure may
be detached from the principal building.
The outdoor storage area is enclosed by existing chain link fence, which encompasses the
majority of the building, but not the front parking lot.
b. The storage area shall be located in the side or rear yards and shall not encroach into
any required front building setback area or other required setbacks.
The proposed outdoor storage is located in the rear yard.
c. The outdoor storage area shall be screened from view from the public right-of-way and
from any adjacent property which is designated for residential uses in the comprehensive
guide plan.
Privacy inserts are proposed along the front chain link fence to screen the storage lot from
views from the public right-of-way. The location of the outdoor storage is naturally
screened from other off-site views by existing vegetation to the north, west and south.
d. The storage area shall not interfere with any pedestrian or vehicular movement.
Located at the rear of the lot, the proposed storage does not conflict with pedestrian or
vehicular movement within the property.
e. The storage area shall not take up required parking spaces or landscaping areas.
The proposed outdoor storage is an expansion of the pavement and does not occupy
required parking areas. Side and rear yard setbacks are satisfied, and more than the
required minimum 25% green space remains on the overall site.
f. The storage area shall be surfaced with concrete or an approved equivalent to control
dust and erosion. The surface shall be properly maintained to prevent deterioration.
The storage area is proposed to be surfaced with bituminous asphalt. The owner should
maintain all paved .surfaces in good condition.
Planning Report — Safety-Kleen
April 26, 2016
Page 7
Financial Obligation — At this time, there are no pending assessments on the parcel.
SUMMARY/CONCLUSION
The owner is requesting approval of a Conditional Use Permit to outdoor storage of commercial
trucks and equipment on the property. The outdoor storage is associated with the relocation of
environmental cleanup services to Safety-Kleen's Eagan facility.
The property consists of three parcels which function as a single site. The property should be
replatted to combine three parcels into one lot, including dedication of necessary drainage and
utility easements.
The proposed Site Plan details the types, numbers and location of vehicles and equipment
proposed for outdoor storage. The proposal appears to satisfy the performance standards in City
Code.
The proposal involves expansion of impervious surface by approximately 19,500 s.f. A Grading
Permit will be required and the compliance with current Stormwater Management standards
should apply.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow outdoor storage of commercial
trucks and equipment upon property located at 3227 Terminal Drive, legally described as Parts of
Lot 3 and 4, Block 1, Sibley Terminal Industrial Park.
If approved, the following conditions shall apply:
1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office
within 60 days of approval by the City Council, with the following exhibit:
0 Site Plan dated 03/29/16
2. The property shall be replatted as a single lot.
3. Outdoor storage of commercial trucks and equipment shall be permitted in the numbers and
locations as delineated on the Site Plan dated 03/29/16.
4. Building address numbers shall be reviewed for consistency with the standards in Section
2.78 of City Code, and new address number signs installed if necessary to achieve
compliance.
5. A Site Lighting Plan shall be provided to city staff for review prior to release of the
Conditional Use Permit for recording:
Planning Report — Safety-Kleen
April 26, 2016
Page 8
6. The applicant shall install landscape screening along the front of the property, and provide a
Landscape Plan for staff review prior to release of the Conditional Use Permit for recording.
7. The owner shall maintain all paved surfaces in good condition.
8. The applicant shall obtain a Grading Permit from the City prior to constructing the proposed
parking lot expansion.
9. Detailed plans for this grading work shall be prepared and signed by a registered professional
engineer.
10. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for stormwater management and surface water quality,
including Runoff Rate Control and Volume Control on the site's new and fully -reconstructed
impervious surface area.
11. Prior to proceeding with land disturbing activity, the property owner shall enter into a long-
term stormwater management system maintenance agreement with the City, detailing the
inspection and maintenance required to occur to ensure proper operation and performance of
the permanent stormwater management system, in a form acceptable to the City Attorney.
12. A Stormwater Management System Performance Guarantee shall be provided for this project,
based on 2016 Fee Schedule Rates for total land disturbance. Before the city returns any
Stormwater-related Performance Guarantee Fees for this project, the applicant shall provide
the City Engineer with as -built plans and engineer's certification that demonstrate that all
constructed stormwater conveyance structures and stormwater management facilities (pre-
treatment, filtration practices, etc.) conform to design and/or construction plans, as approved
by the City.
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A Clean Harbors Company
42 Longwater Drive
PO Box 9149
Norwell, MA 02061-9149
781.792.5000
800.282.0058
www.cleanharbors.com
www.safety-kleen.com
March 30, 2016
Sarah Thomas
Planning Department
City of Eagan, MN
3830 Pilot Knob Road, Eagan, MN 51122
Subject: Proposed parking lot expansion and equipment storage
Dear City Officials:
Background: Clean Harbors, Inc. is a provider of environmental, energy, and industrial
services with service locations in 38 U.S. States, seven Canadian provinces, Mexico and
Puerto Rico. In 2012, Clean Harbors acquired Safety-Kleen, Inc. which operates as a
subsidiary to its parent company. Safety-Kleen, Inc. provides used oil collection and re -
refining, industrial cleaning, and the distribution of numerous Allied Products.
The Clean Harbors Field Service Line of Business currently operates out of Cannon Falls
Minnesota. Clean Harbors Field Services provide experienced, trained and certified
skilled labor and specialty equipment to perform various environmental cleanup services
on customer sites or other locations. Our Field Service crews and equipment are
dispatched from service centers located throughout North America on a scheduled or
emergency basis.
Proposal: Relocate the Clean Harbors Field Service team from Cannon Falls Minnesota
to the Safety-Kleen Eagan Minnesota site (3227 Terminal Drive) in order to attain
synergies between the two operating groups as well as to provide the Field Service team
with direct access to the Twin Cities service area.
In order to relocate the Field Service team to the Safety-Kleen Eagan Minnesota site, the
parking lot will need to be expanded by 17,000 square feet in order to adequately store
their day to day equipment. The Field Service equipment will consist of,(5)
pickup trucks, (2) vac trucks, (5) roll offs plus one double frame roll
off, (1) tanker, (2) boats, (4) trailers plus (1) drum trailer,(1) semi -
tractor, (1) flatbed trailer, (1) Hotsy steam trailer, (1) portable hoist, (1)
skid trailer, stacked totes, (2) hose racks, and (1) skid vac. An
additional approximate 2500 s . f . concrete pad will also be constructed on the
property for night parking of route trucks and vans that are required to be plugged in
during winter months. The vehicles will be screened from public view using colored
lattice work in the existing chain linked fence. (See equipment site plan 7126-SPOO-01)
A Tree Preservation Plan assessment is also included in the application to demonstrate
minimal tree removal impact on the project. (See Attachment Sheet C2)
The Safety-Kleen Eagan Minnesota site is a site the company is dedicated to long term.
We see great potential in the property, the location, and with the city of Eagan and
Dakota County.
Sincerely,
Peter Brigida III
Clean Harbors
Agenda Information Memo
May 3, 2016, Eagan City Council Meeting
NEW BUSINESS
C. Conditional Use Permit— Meadow View Industrial Center II (Stericyle)
Actions To Be Considered:
To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to
allow outdoor storage of 15 semi -trailers and 8 straight trucks upon property located at 1670
Meadow View Road, subject to the conditions listed in the APC minutes.
To approve (or direct preparation of Findings of Fact for Denial) a 30' Variance to the required
50' setback for outdoor storage across a street from property guided for residential use located
at 1670 Meadow View Road, subject to the conditions listed in the APC minutes.
Required Vote For Approval:
➢ Majority of Councilmembers present
Facts:
The property is zoned 1-1, Limited Industrial, in which outdoor storage is a conditional
use.
➢ The property developed in 1972 and contains a 48,000 s.f. office/warehouse. Existing
conditions present some non -conformities in that parking encroaches into the Hwy. 13
right-of-way, and the site lacks curb and gutter. Additionally, the property has a shared
drive along the west property line with the adjacent property.
➢ The building will be occupied by Stericyle, which provides specialized services to the
health care industry and other businesses including as medical waste collection and
treatment, compliance services, secure document destruction, product recalls, patient
communications, and sustainability services.
➢ The outdoor storage is associated with the vehicles used to transport materials to this
site for processing. This site will house system and two autoclaves for sterilization of
medical waste prior to disposal.
➢ The outdoor storage consists of 15 semi -trucks and 8 straight trucks on the southern
portion of the property.
➢ A 30' Variance to the 50' setback for outdoor storage across the street from property
guided for residential use was identified during the staff review and is discussed in the
staff report. The residential property is across Hwy. 13 to the east, and the Site Plan
shows a 20' setback of outdoor storage from the property line.
The proposed site improvements result in a net reduction in impervious coverage and a
net loss of parking, installation of a fence enclosure, site lighting and landscaping.
Conditions of approval call for installation of curb and gutter within five years.
➢ The proposed outdoor storage appears to satisfy the performance standards in the City
Code.
➢ The Advisory Planning Commission expressed support for the Variance due to the odd
shaped lot adjacent to three streets.
➢ The Advisory Planning Commission held a public hearing on the proposal at their April
26, 2016, meeting, and did recommend approval.
Issues:
➢ None
60 -Day Agency Action Deadline:
➢ May 15, 2016
Attachments: (4)
NBC -1 Location Map
NBC -2 Draft April 26, 2016, APC Meeting Minutes
NBC -3 Planning Report
NBC -4 Report Exhibits
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Advisory Planning Commission
April 26, 2016
Page 5 of 21
C. Meadow View Industrial Center II
Applicant Name: Lonnie Provencher, Interstate Development
Location: 1670 Meadow View Rd; Lots 2, Block 1, Eagan -13 Industrial Park
Application: Conditional Use Permit
A Conditional Use Permit to allow overnight parking and storage of semi -trailers and trucks.
File Number: 09 -CU -01-03-16
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated April 21, 2016.
Eric Simmer introduced himself as the Applicant, made himself available to answer any
questions, and indicated agreement with the staff report.
Chair Filipi opened the public hearing.
There being no further public comment, Chair Filipi closed the public hearing and turned the
discussion back to the Commission.
Member Weimert commented on the mix of residential and industrial traffic on Hwy. 13, and
asked about the State's plans for future improvements to Hwy. 13.
Assistant City Engineer Nelson responded that the City did not look into the State's plans for
Hwy. 13 as part of the review of this proposal.
Member Piper commented that he would support the Variance due to the odd shaped lot, three
street frontages, and that the initial layout of the site was not caused by the applicant.
Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a
Conditional Use Permit to allow outdoor storage of 15 semi -trailers and 8 straight trucks upon
property located at 1670 Meadow View Road, legally described as Lot 2, Block 1, Eagan -13
Industrial Park, subject to the following conditions:
1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office
within 60 days of approval by the City Council, with the following exhibits:
Site Plan dated 3/29/16
Landscape Plan (with date as revised per conditions)
2. If it is discovered that parking on the site is not met by the current number of stalls, the
applicant must construct the required proof of parking and submit an application to
amend this CUP to reflect the reduction in the number of outside storage items.
3. Building address numbers shall be reviewed for consistency with the standards in
Section 2.78 of City Code, and new address number signs installed if necessary to
achieve compliance.
4. The owner shall maintain all paved surfaces in good condition.
Advisory Planning Commission
April 26, 2016
Page 6 of 21
5. The owner shall submit a revised Landscape Plan with corrected plant specifications,
greater opacity and height of plantings east of the storage area, and irrigation to be
provided.
6. Concrete curb and gutter shall be installed on the south, east and north sides of the
parking lot pavement by June 1, 2021.
All voted in favor. Motion carried 7-0.
Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a 30'
Variance to the required 50' setback for outdoor storage across a street from property guided for
residential use located at 1670 Meadow View Road, legally described as Lot 2, Block 1, Eagan -
13 Industrial P, subject to the following conditions:
1. The owner shall maintain all paved surfaces in good condition.
2. The owner shall submit a revised Landscape Plan with corrected plant specifications,
greater opacity and height of plantings east of the storage area, and irrigation to be
provided.
3. Concrete curb and gutter shall be installed on the south, east and north sides of the
parking lot pavement by June 1, 2021.
All voted in favor. Motion carried 7-0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: April 21, 2016
APPLICANT: Interstate Development
CASE: 09 -CU -01-03-16
HEARING DATE: April 26, 2016
PROPERTY OWNER: Interstate Development APPLICATION DATE: March 16, 2016
REQUEST: Conditional Use Permit PREPARED BY: Pam Dudziak
LOCATION: 1670 Meadow View Road
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: I-1, Limited Industrial
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of
semi -trailers and straight trucks upon property located at 1670 Meadow View Road, legally
described as Lot 2, Block 1, Eagan -13 Industrial Park.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
Planning Report — Stericycle
April 26, 2016
Page 2
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
8. Is appropriate after considering whether the property is in compliance with the City Code.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
BACKGROUND/HISTORY
The existing building was built in 1972 and the property was platted in 1974.
EXISTING CONDITIONS
The site is approximately 3.5 acres in size and is developed with a 48,000 square foot
office/warehouse building. The existing building and parking lot were constructed with the
original development of the site. The building is connected to City sewer and water services. No
drainage and utility easements were dedicated with the plat; however, easements were acquired
to cover public sanitary sewer and storm sewer running through the south end of the property.
There are a few trees along the perimeter of the site. The parcels drain to the west with
elevations ranging from 772' to 753'. Driveways are located on both Meadow View Road and
Alexander Road. A portion of the existing parking lot extends into TH 13 right-of-way on the
southeastern edge of the site. Curb and gutter is not present around existing pavement. The west
edge of the site is paved across the property line, and a shared drive is present between the two
properties.
Planning Report— Stericycle
April 26, 2016
Page 3
SURROUNDING USES
The site has industrial uses to the north, west, and south. Across Hwy. 13 to the east, there are
two single-family homes on separate parcels zoned for single-family and multiple -family use.
EVALUATION OF REQUEST
Description of Proposal — The applicant is proposing outdoor storage of 15 semi -trailers and 8
straight trucks on the south end of the property. The building occupies the northern and central
portion of the property, with parking along the east and south sides. Stericycle is proposing to
occupy the building in the following fashion: 6,175 s.£ office space and 41,826 s.£ warehouse.
The applicant provided the following information about the business and operations:
Stericycle is a leader in providing specialized services to the health care industry,
and other businesses. These services include waste collection and treatment,
compliance services, secure document destruction, product recalls, patient
communications, and sustainability services. The Meadow View Road facility in
Eagan, MN will be used primarily for transportation and steam sterilization of
regulated medical waste, and will be operated or staffed up to 24 hours per day, 7
days per week. Stericycle is a publicly owned and traded company, with corporate
offices in Lake Forest, suburban Chicago, IL.
Airport Noise Considerations — The site is located within the one -mile Buffer of Airport Noise
Zone 4. Within this area, industrial uses are considered compatible.
Site Plan — The property has street frontages on three sides. There is driveway access to
Meadowview Road to the north, and Alexander Road to the south.
The 48,000 s.f. office/warehouse building requires 92 parking stalls per City Code standards.
The plan provides for 53 parking stall and 39 proof of parking stalls, totaling the required 92
stalls. Existing parking stalls are 9' wide.
The proposed site improvements include correcting the existing encroachment of parking into the
Hwy. 13 right-of-way, and cutting the pavement back to satisfy the 20' parking setback from a
public right-of-way. This correction reduces the number of existing parking stalls by 21 stalls. If
it is discovered that parking on the site is not met by the current number of stalls, the applicant
must construct the required proof of parking and submit an application to amend this CUP to
reflect the reduction in the number of outside storage items.
Setbacks — Outdoor storage is required to be set back 20' from public rights-of-way, and 5' from
side and rear lot lines in the I-1 zoning district. The proposed outdoor storage meets a 40'
setback from Alexander Rd. right-of-way to the south. Pavement on the west side of the property
has 0' setback, anexisting conditioninwhich the drive aisle is shared with theadjacentproperty.
Planning Report — Stericycle
April 26, 2016
Page 4
Additionally, where adjacent property separated by a public street is guided for residential use,
outdoor storage is subject to a 50' setback. The property to the east across Hwy. 13 is guided for
residential use, both low and high density on separate parcels, thus the 50' setback applies to the
east. The outdoor storage is proposed to be set back 20' rather than 50' from the east lot line,
necessitating a Variance. In evaluating the setback Variance, the following factors may be
considered to support the request:
• The southern portion of the lot is the narrowest due to the angled east lot line;
• The road surface of Highway 13 is over 120' from the east property line;
• The subject site and the residential properties are separated by the Hwy. 13 right-of-way,
which exceeds 200' in width in this location;
• The structures on the residential properties are set back more than 100', and both contain
significant wooded areas within that setback area;
• The applicant is proposing to correct the existing encroachment of a significant amount of
pavement within the Hwy. 13 right-of-way;
• Landscaping is proposed along the east and south sides of the outdoor storage area,
improving aesthetics and screening of the site.
Site Li hg tiny — Site lighting is shown on the Landscape Plan. City Code requires site lighting to
be provided as is necessary for security, safety and traffic circulation. Building mounted lighting
is proposed on the east and south sides of the building. Pole mounted lighting will be added on
the south end of the outdoor storage area. 150w and 250w metal halide fixtures are proposed,
mounted at heights of 18' and 20'. The plans note the fixtures are downcast and shielded, which
is consistent with City Code standards.
Building Elevations and Address Numbers — The applicant is proposing to repaint the existing
concrete building. No expansion of the building is proposed. Building address numbers shall be
reviewed for consistency with the standards in Section 2.78 of City Code, and new address
number signs installed if necessary to achieve compliance.
Landscapes — The proposed landscape plan proposes to enhance screening between the outdoor
storage area and the public streets. Evergreen trees are proposed at the south end of the property,
and dogwood and arbor vitae shrubs on the east side of the fenced storage area. The minimum
size specification for evergreen trees (Black Hills Spruce and White Pine) should be 6' rather
than the 2.5" caliper shown.
The performance standards in the Landscape ordinance stipulate that loading and outdoor storage
areas across from residential property be screened with a minimum height of 6 feet and 75%
opacity at time of installation. The Landscape Plan should be revised to provide greater opacity
and minimum 6' plant height at time of installation (e.g. utilize more evergreen materials and
indicate minimum size specification of 6' ht.) for the materials on the east side of the storage
area.
Planning Report — Stericycle
April 26, 2016
Page 5
City Code requires that automatic irrigation be provided for all landscaped areas. The proposed
plans do not indicate irrigation for the landscaping. The applicant should install irrigation to the
proposed landscaping to ensure long-term health of the plant materials.
A revised Landscape Plan should be provided with corrected plant specifications, greater opacity
and height of plantings east of the storage area, and provide for irrigation of the landscaped areas.
Mechanical Equipment — Any new mechanical equipment installed with the building remodel
will be subject to screening requirements in City Code Sec. 11.70, Subd. 21-D-12.
Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and
management regulations, does not apply.
Stormwater Management/Water Quality — The applicant proposes to reduce the amount of
existing imperious surface. Therefore, the City's Post Construction Stormwater Management
Requirements (City's City Code §4.34), do not apply. However, as mentioned earlier the parking
area (and storage area) is not enclosed with concrete curb and gutter which is a typical City
standard. The site should be improved by adding curb and gutter on the south, east and north
sides of the parking lot when feasible.
This represents a significant cost and staff believes it would be reasonable to provide Stericycle
an opportunity to properly plan for such an expense. City staff suggests a completion date for
this improvement of June 1, 2021.
Utilities — The existing building on the site is connected to the City sanitary sewer and
water main systems. No additional connections are proposed with this application.
Streets/ Access/ Circulation — Public street access to Meadow View Road and Alexander Road
will remain unchanged. The applicant proposes to remove and replace a portion of the existing
parking lot to add a new loading dock, and remove a portion of the parking lot that extends into
TH 13 road right-of-way and restore it to turf.
Outdoor Storage — In addition to the requirements for a conditional use permit listed above, City
Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as
follows:
a. Outdoor storage items shall be placed within an enclosure as necessary to achieve
appropriate security and containment or for public safety reasons when determined
necessary by the city. In general business (GB) and community shopping center (CSC)
zoning districts, the enclosure shall be attached to the principal building and be
constructed of materials which are aesthetically compatible with the principal building.
In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may
be detached from the principal building.
Planning Report — Stericycle
April 26, 2016
Page 6
The plans propose to install an 8' high chain link security fence surrounding the storage
area. A 16' swing gate is located at the southeast corner of the building, and a 30' sliding
gate is located in the middle of the west side of the fence. The 1-1 zoning district permits
fences up to 8' height.
b. The storage area shall be located in the side or rear yards and shall not encroach into
any required front building setback area or other required setbacks.
The proposed outdoor storage is located in a front yard between the building and
Alexander Road. The site is challenging because of the three street frontages, leaving no
substantial side or rear yard areas available for storage.
c. The outdoor storage area shall be screened from view from the public right-of-way and
fi^om any adjacent property which is designated for residential uses in the comprehensive
guide plan.
The applicant proposes to install landscaping in the yard areas outside the fence to screen
the outdoor storage. A solid row of mixed deciduous (red twigged dogwood) and
evergreen (arbor vitae) plants are proposed along the east side. To the south, evergreen
trees, White Pine and Black Hills Spruce, are proposed for screening. Placement of the
trees is along the outer edge of the property rather than close to the fence because of the
utility easement for sanitary and storm sewer that runs through the southern portion of the
site.
d. The storage area shall not interfere with any pedestrian or vehicular movement.
The proposed storage does not conflict with pedestrian or vehicular movement. Two
gates in the fence provide for vehicular ingress and egress through the storage area. A
maneuvering area adjacent to the building and southern dock doors is free of storage.
e. The storage area shall not take up required parking spaces or landscaping areas.
The proposed outdoor storage does occupy areas designated for proof of parking.
Available parking in the lot to the east of the building provides 53 parking stalls. The
applicant's narrative indicates the facility will operate 24 hours a day, and provide
employment for 55 full-time jobs. With 24-hour operation, not all employees present on
site at the same time and parking demand will be spread out in shifts.
f. The storage area shall be surfaced with concrete or an approved equivalent to control
dust and erosion. The surface shall be properly maintained to prevent deterioration.
The storage area is surfaced with bituminous asphalt, which is proposed to be repaired
and resurfaced. The owner should maintain all paved surfaces in good condition.
