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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 -Y�xC' S jRY :fabs t 4 r £ t y Q i �.. 3 .4 S - i S tf t t # 'j+.�-fY ii { f,ryt t •�� ,�z�(y��h��y}jy�y�"any{ , n i ¢,moi Vio- f L ,S. • .t >.�.I f �t .. E SAE K L r+F• �� t - qi 1� ? -�.4 ■�R■! t � 4 _ � E,# � Sym _ t � ✓{' t li > z ��._ t` ca s Ty S i,jt F..> a� x _ } 'Sii (E�rYsFt•',S:r q r, t7 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) WAB Vii. `a + m \„ w iv v' L.l �- 4 ZI r,! ui F ,L r C; F Exhibit "A" to Conservation Easement .. FL Lltte Of la 5. m -1-i OQr mn. "'r ;m L. ,x. or or I# aE de sG�7run, it . 9Wf.' t»t. a hY 200' Conservation Easement Area (20,000 sq ft) butlot E(}`'( OULV{ '1 Gopher Eagan Industrial Park 200' kCs��t,i51t0' � .r_ f ! Y, G.. Liz aRYzga 6wfNrr carr carat' or -,.gr gr "w S.Y/• Sx Of _crw'f If ,rV? 21"kew.7.,. PxAl%7&6 l?. INC{! �l J� INC!! lt7a ! r MID 5y ,lelli�721it�t tri �C�7S !''r r7�F'»J}lif' Stir>k/lJ. 'lF 9 ?, Nis J'-T.NII='L),14PO PFt100 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 Cd�l►l��►�i_[�Lt�IJ� 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 4b� City of Evan ® 2016 Sanitary Sewer Lining Z o 2016 Seal MHs W 0 2016 Lining LLJ J 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 N WE S 1 in= 1 mile 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 I i Z " OI C O O N I � v G1 O fA LO 41 Cl 64%Yy oho `+r a �s� I i 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 ;n M� to M -A Cl) 16 a 0 Agenda Information Memo May 3, 2016, Eagan City Council Meeting C�L�1►��►irT ► � 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 y k j. 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 / J ��I t"\ i d 1 4 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 q 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 ( C"a 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 U J ' 5 0. ®.�.. 19 E- o c a - RIO �' oN o N (D ~ }SPo O tC O aoi w c M�J Op U N c 'o C=xA W .FI ® a) U V a s m a� v o w d = U o ® V O.�� °�' a am o 4crr 0 0. 12 U o z .. N-NOlJNI 1==9b'ON•4V02i=0 4' --� � �3�V-P191JNIX ILEkONEFVOa-AlN(1- - ..--.—...�.-�-.-�_�. �� rc a l 0 0 3 3ntl.30tlN3WOa O Z rano 1 3ndNad 30 WONVOvqOnlO 3ltlONdOd3 3ndN8tlWN30 C. 3nN 1 M.9 e ianOO Ndwa3Ns d s 00 ° o � 8a s �+•�7 - (OVOa•90NN-1011d)-4E=0NaH�V-SaO - �a6 d $ �L m c� z U ® tm 0 U IL. ®.y®. 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. U � J 02 E m a. ° e LL o s` _ � o i a "X N O N co ® to O>r 1 !G o Z ■� d a ZM `G O)O M c a)w c �J Op ~� c o CIO0 AMC E 06 • Z U =O .® ®.e R®®� m J; vZ LO o sN L d M a. WW' W, V°N '_ OMNI •l-£4'0N-0H0iir0 -' -�-�- ------�-�-- � �3AV-N®1�NIX l)•E6�AN6H02fAlNfl-a TI a a 0 0 3AV30VN31NOtl O �S� Z C y 4 \ <an 30 �\'\ � 3AVNNtlW 30 OAIB A VONVOV3 3AVN8VWN30 N b LI 4-j � ¢ 3aN3SNH1 � � la 00 NVWa3NS Q L � ryORt U a sa Lull I I T"87 ^--^^— --^�°�^---^°° -(dV021.90N�1�:011d)•bE-'ON=H�VaSJ rc y ` � 9 w W U A 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 99 0 v E L a) �a M O w i M W.vI O 'v �U M0 CD 0 Z 4j O j oz O a) M aac� o u .� _li i 'tom+ tmu o o •L O N N U U C om � a a m' a v o0 0iL MvIv CY. a� LLo LL o 1CN0 Z �- B 9 B,W3, 19�y 0 m V o o N O N N U U C 0 �L m � a a m' a v o0 LO 0 B 9 B,W3, 19�y 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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( y� r`Y` 5 ��•.., i A� � �i �X i� � 3.s ��.�.K ��` � i - _ � ' ',a�8�� P.� ' id' svY �--��r4� °"dYs WAS s f a AL ',71, Im 09 zZ�Z�o r; U92- HU -N a;� �s�a�oEado �y�Fo�m ra�m�o -5,o n lnza'ow 2 n a�mm3 - Fm N o � '- R gat� M M m`D m'o U2 !�3 oae�aaa� ..a 3", Wb_n�nr� �V4 - �a alp � oa- a w 4�E O J D 0 6 0 /��® (n OVz / o IN 5 / BOG ZZ �V O 25 VY� Opp \9p'F \ \ q / slo�oy 3: w z w 0 IL oov- k, Q`I� se Z C.4 CL AII _J9 CA ca Jo 66 15�0/67 9 vpp I/ I safetq,hieeu. 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 o B O � a. ® U�� ■® �= M V ; O G 09 O N S V U ® E p •q,� Z V y Z d 3 d ®®® on � d -i L d Rf CL o B O � t6 a O o N G C O N S N N C �o •q,� i ®®® on A B O � t6 a O o N G C O N S N N C L ®®® on � d -i ®� loop 0r� 0 c� W 0 A B -AI2103 0111 3NId � �0 G N S -OWAe 3 l 0r� 0 c� W ® EE OVOL NVWHOVOO ® ® ® � u OVOtl NVWHOVOO J O O O C�F W ova n� ® N E J}1 m 6 a me a z�aN e E3 B E3 E3 F—I I I I 3 N ALE 410 a rn� 0 U. d y � � o0 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.