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08/16/2016 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING AUGUST 16, 2016 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. APPROVE On -Sale Brewer Taproom License with Sunday sales and Off -Sale Brewer Intoxicating Liquor License with Sunday sales for Bald Man Brewing Inc. doing_ business as Bald Man Brewing, 2020 Silver Bell Road Unit 25 F. APPROVE On -Sale Liquor License and Sunday License for Hy -Vee, Inc. doing business as Hy -Vee Market Grille, 1500 Central Park Commons Drive Suite A G. APPROVE Off -Sale Liquor License for Hy -Vee, Inc. doing business as Hy -Vee Wine and Spirits, 1500 Central Park Commons Drive Suite B H. APPROVE Premise Permit for South Robert Street Business Association to conduct lawful gambling at Wyatt's Twisted Americana, 1965 Cliff Lake Road Suite 108 I. APPROVE Temporary On -Sale Liquor License and waive the license fee for People of Praise, MN Inc., on September 17, 2016 at 601 River Ridge Parkway J. APPROVE the Police Liaison Services Agreement between the City of Eagan and ISD 196 K. MODIFICATION to the Conditions of Approval for the Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 3656 Pinecrest Court L. RECEIVE Petition to Vacate Easement — Oak Ridge Elementary, Lot 1, Block 1, Wilmus Addition, and Schedule a Public Hearing for September 20, 2016 M. RECEIVE Petition to Vacate Easement -4668 Weston Hills Drive (Lot 1, Block 2, Weston Hills 2nd Addition) and Schedule a Public Hearing for September 20, 2016 N. ACCEPT Amended Feasibility Report Project 1225, Vikings Parkway 0. APPROVE Agreement with MV Eagan, LLC for Installation of Public Improvements P. APPROVE Amended Preliminary Plat and Preliminary Site Plan — MV Eagan, LLC Q. APPROVE Final Payment, Contract 15-20, Raw Water Line — Central Park Commons R. AUTHORIZE Clean Water Fund Grant Application to Minnesota Board of Water and Soil Resources - Fitz Lake Water Quality Improvements S. APPROVE Change Order No. 2, Contract 15-04, Sperry Telecommunications Tower T. APPROVE license agreement with Caponi Art Park Board to construct a shade structure on City Property located at 1205 Diffley Road U. APPROVE new permitting process for Unmanned Aircraft Systems (UAS) for use within city parks V. PUBLIC HEARINGS A. VARIANCES to Sign Setbacks — 3386 Pilot Knob Road VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPTAGENDA C. CONSENTAGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. Public Hearing to consider sale and purchase agreement with JR Hospitality for Lot 1, Block 1, Cedar Grove Parkway 4th Addition F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT #b� City of Eap Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: AUGUST 12, 2016 SUBJECT: AGENDA INFORMATION FOR AUGUST 16, 2016 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 16, 2016 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 16, 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 the August 1, 2016 regular City Council meeting as presented or modified. Attachments: (1) CA -1 August 1, 2016 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 1, 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, Hansen and Tilley. Councilmember Fields arrived at 6:20 p.m. John Howe, former State Senator, introduced himself and spoke about his campaign for Minnesota's Second Congressional District. A Closed Session was called at 6:10 p.m. to discuss labor negotiations. A regular meeting of the Eagan City Council was held on Monday, August 1, 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, City Planner Ridley, Director of Public Works Matthys, Director of Parks and Recreation Pimental, Human Resources Manager Peterson, Police Chief McDonald, Fire Chief Scott, City Attorney Dougherty, 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 Police Chief McDonald introduced Eagan Residents Mr. and Mrs. Gordon Finley, family dog Frankie, and Officer Joe Moseng. The Finley's presented Officer Moseng with a plaque in appreciation for Officer Moseng's efforts during their home fire. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 Mayor Maguire pulled for further comment Consent Item P - Approve resolution for a street name change — MV Eagan, LLC. A. It was recommended to approve the minutes of July 19, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to authorize the hiring of Susan Peterson, temporary office support to Police Records. C. It was recommended to ratify the check register dated July 15 and July 22, 2016 as presented. D. It was recommended to approve the ordinary and customary contract with Tom Wollan Sr., and The Family Trade. E. It was recommended to amend IRU Agreements with Dakota County for Dodd Road Fiber Project. City Council Meeting Minutes August 1, 2016 2 page F. It was recommended to approve the execution of a Joint Powers Agreement with the Dakota County Drug Task Force to provide the care and handling of a drug detection dog. G. It was recommended to adopt a proclamation recognizing August 2, 2016 as National Night Out in Eagan. H. It was recommended to schedule a public hearing for September 6, 2016 to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. I. It was recommended to schedule a public hearing for September 6, 2016 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. J. It was recommended to approve a temporary on -sale license and waive the license fee for the Eagan Foundation on October 6, 2016 at 1501 Central Parkway. K. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan Foundation to conduct a raffle on October 6, 2016 at 1501 Central Parkway. L. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School on November 19, 2016 at 3355 Columbia Drive. M. It was recommended to adopt a resolution approving an Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on November 19, 2016 at 3355 Columbia Drive. N. It was recommended to approve the final payment for Contract 16-11 (Well No. 11 Rehabilitation — Water System Improvements) in the amount of $43,340.00 to Bergerson- Caswell Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. 0. It was recommended to receive the bids for Contract 16-21 (Central Area — Street Light Improvements), award a contract to Taylor Electric Company, LLC, for the base bid in the amount of $279,175, approve the purchase of related material/equipment and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve a street name change of Northwest Parkway to Vikings Parkway subject to the applicant being responsible for all costs associated with the name change (i.e. sign replacement, etc.). Q. It was recommended to authorize a variance to the Construction Activity Noise Regulations to exempt Ryan Contracting for storm structure rehabilitation on Pilot Knob Road / CSAH 31 (Cliff Road to the Apple Valley border) between 6:00 a.m. and 7:00 a.m., Monday through Friday, From August 15, 2016 through September 2, 2016. R. It was recommended to approve a Cost Share, Operation and Maintenance Agreement with Lauri L. Holland (695 Hay Lake Court) to help implement a Shoreland and Upland Buffer Project at Hay. Lake through the Water Quality Cost -Share Partnership Program and authorize the Mayor and City Clerk to execute all related documents. S. It recommended to approve a telecommunication lease amendment with New Cingular Wireless PCS, LLC (AT&T), for antenna upgrade installations on a designated water reservoir site and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to approve Cooperation Agreement with Dakota County to participate in the Dakota County Urban County Designation for CDBG, HOME and ESG funding through FY 2019. U. It was recommended to approve a resolution to accept an event partnership donation for Eagan Food on 4 Wheels Food Truck Festival from Central Park Commons. V. It was recommended to adopt a resolution accepting a $500 donation from the Eagan Citizen's Crime Prevention Association that will be used to reimburse the City for expenses related to the Police Department purchasing a camera. City Council Meeting Minutes August 1, 2016 3 page W. It was recommended to authorize the submission of a grant application to the Metropolitan Regional Arts Council in the amount of $10,000 for an Organizational Grant. X. It was recommended to authorize a variance to the Construction Activity Noise Regulations to exempt Max Steininger, Inc., for roadway improvements on Pilot Knob Road/CSAH 31 (Central Parkway to Yankee Doodle Road) between 6:00 a.m. and 7:00 a.m., Monday through Saturday, from August 2, 2016 through November 30, 2016, as well as from 10:00 p.m., Friday, August 19, 2016, through 5:00 a.m., Monday August 22, 2016, and from 10:00 p.m., Friday August 26 through 5:00 a.m., Monday, August 29, 2016. Y. It was recommended to approve a Comprehensive Guide Plan Amendment to change the land use designation from Park (IP) to Limited Industrial (IND) and a Rezoning from Park (P) to Limited Industrial (1-1) for Outlot I, Gopher Eagan Industrial Park 2nd Addition. PUBLIC HEARINGS Approve a Business Subsidy Pursuant to Minnesota Statutes Sections 116J.993 to 116J.995 for J & J Solutions, Inc. d/b/a Corvida Medical, Inc. City Administrator Osberg introduced the item noting after the public hearing the Council is being asked to approve a resolution authorizing a business subsidy. J & J Solutions has been doing business as Corvida Medial, a medical device company currently located in Coralville, Iowa that received FDA approval to manufacture an effective closed drug delivery system designed to protect health care workers and patients from direct exposure to hazardous pharmaceuticals typically administered during chemotherapy treatment. Osberg noted Cordiva Medical intends to produce the product in partnership with Pioneer Plastics at their facility on Dodd Road. A representative of Cordiva Medical was present and available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a resolution authorizing a business subsidy pursuant to Minnesota Statutes Sections 116J.993 to 116J.995, a Grant Contract, a Minnesota Investment Fund Loan and other related documents for J & J Solutions, Inc. d/b/a Corvida Medical, Inc., and authorize the Mayor and City Administrator to execute the same. Aye: 5 Nay: 0 OLD BUSINESS Ordinance Amendment to City Code Chapter 11 relative to Temporary Family Dwellings — City of Eagan City Administrator Osberg introduced the item noting the Governor signed into law an option for property owners to provide temporary detached family health care dwellings to be placed in the yard or driveway of a single family lot. Local governments were provided an opt -out option from the program. Osberg noted opting out is required to be done by ordinance prior to September 1, 2016, when the law goes into effect. City Council Meeting Minutes August 1, 2016 4 page City Planner Ridley gave a staff report. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen stated he was aware that most cities were choosing to opt -out of the new law. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.40, Subdivision 11, relative to temporary dwellings. Aye: 5 Nay: 0 NEW BUSINESS Preliminary Planned Development and Final Planned Development— The Gardner Preschool Mayor Maguire introduced the item noting it's a Preliminary Planned Development to allow a 16,200 s.f. single -story childcare facility upon property located at 1195 Town Centre Drive. City Planner Ridley gave a staff report and provided a site map. Jay Joiner, The Gardner School, was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Planned Development to allow the development of an approximately 16, 200 s.f. single -story childcare facility upon property located at 1195 Town Centre Drive, subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. The following exhibits shall be required for the Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan 2. The building shall meet City Code standards for exterior materials to be verified at the time of Building Permit application. 3. Rooftop mechanical units shall be screened by a physical screen if the parapet wall and setback placement are not suffice. 4. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to Building Permit approval. 5. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. City Council Meeting Minutes August 1, 2016 5 page 6. All personnel responsible for the construction and management of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 8. No retaining walls shall be allowed in the drainage and utility easement along the entire east property line. 9. The developer 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 1.1" Volume Control on the site's new and fully -reconstructed impervious surface area (including effective soil remediation to ensure soil permeability for the site's disturbed soils that are to be revegetated). 10. The developer shall provide adequately sized and planned pre-treatment (e.g. sediment filter structure, etc.) at, or immediately upstream of, all stormwater management facilities (e.g. infiltration basin) inlets to provide for effective capture and easily -accessible cleanout of coarse particles, fine -sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 11. Prior to receiving City approval to permit land disturbing activity, the developer shall provide the City with soil boring logs from each proposed infiltration/filtration area, extending a minimum of 10' below the bottom of the proposed infiltration/filtration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and/or construction plans (e.g. over- excavation/soil-amendment depth, etc.), and if justified and permitted by the City shall follow the sequencing order in the Permissible Alternative Stormwater Volume Control Designs, to ensure volume control requirements are fully met. 12. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of the proposed infiltration systems for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), individual practice drainage area/sizing/volume tables, maximum depth of 1.5 - feet (not including below -grade soil media depth), details and elevations for stable inlets/outlets/emergency overflows, public storm sewer connection details (e.g. coring only, etc.), soil media criteria, live planting and seeding details, temporary & permanent erosion - control protection details (e.g. rows of sediment protection at the top and base of side slope, erosion -control blanket, etc.), construction sequencing/protection/restoration notes (e.g. no equipment within basin, etc.) and other details and notes to ensure infiltration practices are properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and will be able to be properly maintained to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). All infiltration basins shall include live -plantings with a minimum of 18 -inch on -center plant spacing. 13. Prior to receiving city approval to permit land disturbing activity, the developer owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with no less than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" City Council Meeting Minutes August 1, 2016 6 page of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 14. Prior to proceeding with land disturbing activity, the developer shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system on each parcel, in a form acceptable to the City Attorney. 15. Before the City returns any Stormwater-related Performance Guarantee Fees on the development site, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. 16. During infiltration/filtration system area over-excavation/sub-soil work, the developer shall provide verifying documentation that practice area sub -soils are suitable for a saturated condition infiltration rate of 0.9 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.9 -inch per hour (or greater than 8.0 -inch per hour), the developer shall immediately notify the City Engineer. Documentation shall be provided to the City within 48 -hours after infiltration testing. The developer shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices (City Water Resources staff contact/instructions shall be clearly/prominently listed on appropriate plan sheets). 17. Before the City returns any Stormwater-related Performance Guarantee Fees on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (e.g. infiltration practices) and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration practices. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer or Landscape Architect licensed in the State of Minnesota. 18. The developer shall restore the sidewalk, street, curb and gutter, and boulevard damaged during installation of the new water service, and abandonment of the old service, in a manner acceptable to the City Engineer. 19. Abandonment of the water and sanitary sewer services shall be performed according to City standards. 20. The developer shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 21. The developer shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. 22. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. City Council Meeting Minutes August 1, 2016 7 page 23. The developer shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to Building Permit approval. 24. The developer shall enter into an encroachment agreement for the existing entrance monument that is located in a drainage and utility easement, in a form acceptable to the City Attorney. 25. Automatic irrigation shall be provided for all landscaped areas. A financial guarantee for installation of the landscaping shall be provided in accordance with the City's landscape ordinance, at the time of Building Permit. 26. The Landscape Plan shall be revised to specify the type and quantity of each plant, provide screening of the transformer equipment and to enhance the screening of the parking lot per City Code. 27. The Photometric Plan shall overlay the Site Plan and be revised so that the parking lot and drive aisle lighting achieves a minimum of 0.5 footcandles and shall include an overall average to minimum ratio to ensure that site lighting is uniform. 28. The trash enclosure shall be constructed of brick to match the building, with an opaque gate that is compatible with the building finish materials. 29. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 30. The monument sign base shall be constructed of a masonry material to match the brick on the principal building. 31. The playground area shall be enclosed with decorative metal fencing and the Architectural Plan :shall be revised to identify the fence details. 32. The developer shall inventory the trees on the property and provide a mitigation plan for staff review and approval prior to release of the Final Planned Development Agreement for recording. Conditional Use Permit — Dart Advantage Warehousing (2841 Beverly Lane LLC) City Administrator Osberg introduced the item noting currently the property contains a constructed 140,000 s.f. warehouse building. The property is zoned Limited Industrial, in which outdoor storage is a conditional use. They are proposing an outdoor storage of semi -trucks and trailers upon property located at 2841 Beverly Drive. City Planner Ridley gave a staff report and provided a site map. Gary Santoorjian, the applicant, was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outdoor storage of semi -trucks and trailers upon property located at 2841 Beverly Drive, subject to the following conditions: Aye: 5 Nay: 0 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 March 2, 2016 2. The owner shall submit a revised Site Lighting Plan with additional lighting of the outdoor storage area to achieve an average of 0.5 footcandles. City Council Meeting Minutes August 1, 2016 8 page The outdoor storage area shall be paved with bituminous asphalt or concrete before any outdoor storage may occur. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. VISITORS TO BE HEARD Past practice and policy during election years, from the opening of the Council candidate filing period through the November election, the Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised. There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:01 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo August 16, 2016 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Authorize the hiring of Scott Fisk, Seasonal Sound Technician in Parks and Recreation. ITEM 2. Action To Be Considered: Accept the resignation and authorize the recruitment and replacement of Police Officer Kraig Vesel. Facts:  Officer Vesel began January 1, 2016. ITEM 3. Action To Be Considered: Authorize the ratification of the collective bargaining agreement between the City of Eagan and the Law Enforcement Labor Services, Inc. Local #170. (LELS). Facts:  The City of Eagan and LELS reached a Tentative Agreement with the City of Eagan effective January 2016 to December 2018.  Wages: o January 1, 2016 – December 31, 2016: an additional 2.0% increase above the 2015 wages with a portion of a market adjustment applied effective 12-27-15 to 12-31-16. The market adjustment represents the City of Eagan ranking closely to the 72nd percentile of the City’s comparable market. o January 1, 2017 – December 31, 2017: an additional 2.25% with the remaining portion of the market adjustment applied effective on or about 1-1-17 to 12-31- 17. The market adjustment represents the City of Eagan ranking closely to the 72nd percentile of the City’s comparable market. o January 1, 2018 – December 31, 2018: a 3% increase above the December 31, 2017 rates, with no other market adjustment.  Other highlights: o All other items were administrative language changes that were updated to reflect current MN Statutes, City policies and mutually agreed upon past practices. o A memorandum of understanding was also agreed upon wherein three employees will continue to receive the existing tuition reimbursement benefit, while the remainder of the members will be eligible for the newly agreed upon tuition reimbursement language per Article 17 of the contract. ITEM 4. Action To Be Considered: Authorize the following changes to the vacation policy for the City of Eagan. Facts:  To add language to allow for an eligible employee to buy up to 40 hours of vacation leave once per calendar year. This purchase will be deducted from the employee’s compensation.  To add language to allow for an eligible employee to convert up to 80 hours of sick leave once per calendar year, at a rate of 50% of vacation leave to be utilized as time off.  The entire policy is available for review in the City Administrator’s office. Agenda Information Memo August 16, 2016 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated July 29 and August 5, 2016 as presented. Attachments: (2) CC -1 Check register dated July 29, 2016 CC -2 Check register dated August 5, 2016 Agenda Information Memo August 16, 2016, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contract listed below. Facts: The contract listed below is in order for Council approval. Following approval, the contract will be electronically executed by the Mayor and City Clerk. Contract to be approved: ➢ Performance Contract with Dakota County Library to provide an art class at Wescott Library. Attachments: (0) The contract is available from the City Clerk's Office. Agenda Information Memo August 16, 2016, Eagan City Council Meeting CONSENT AGENDA E. Approve On -Sale Brewer Taproom License with Sunday sales and Off -Sale Brewer Intoxicating Liquor License with Sunday sales for Bald Man Brewing Inc. doing business as Bald Man Brewing, 2020 Silver Bell Road Unit 25 Action To Be Considered: To approve an On -Sale Brewer Taproom License with Sunday sales and an Off -Sale Brewer Intoxicating Liquor License with Sunday sales for Bald Man Brewing Inc. doing business as Bald Man Brewing at 2020 Silver Bell Road Unit 25 Facts: ➢ Daniel Jacobs, Tristan Kusnierek, David McSwiggen, Douglas Zuck, Tracy Koller, Duane Jacobs, Jackie Gibney, David Bialke, Douglas Lang, Eric Wetterlind, Jerry Bowers, and John Tio, shareholders of Bald Man Brewing Inc., have applied for an On -Sale Brewer Taproom License with Sunday sales and an Off -Sale Brewer Intoxicating Liquor License with Sunday sales. Bald Man Brewing Inc. is planning to open a new brewer's taproom with off -sale growler sales at 2020 Silver Bell Road Unit 25. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo August 16, 2016, Eagan City Council Meeting CONSENT AGENDA F. Approve On -Sale Liquor License and Sunday License for Hy -Vee, Inc. doing business as Hy -Vee Market Grille, 1500 Central Park Commons Drive Suite A Action To Be Considered: To approve an On -Sale Liquor License and Sunday License for Hy -Vee, Inc. doing business as Hy -Vee Market Grille, 1500 Central Park Commons Drive Suite A. Facts: ➢ Hy -Vee, Inc., has applied for an On -Sale Liquor License and Sunday License for a new restaurant establishment. Hy -Vee, Inc. is planning to open Hy -Vee Market Grill at 1500 Central Park Commons Drive Suite A. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo August 16, 2016, Eagan City Council Meeting CONSENT AGENDA G. Approve Off -Sale Liquor License for Hy -Vee, Inc. doing business as Hy -Vee Wine and Spirits, 1500 Central Park Commons Drive Suite B Action To Be Considered: To approve an Off -Sale Liquor License for Hy -Vee, Inc. doing business as Hy -Vee Wine and Spirits, 1500 Central Park Commons Drive Suite B. Facts: ➢ Hy -Vee, Inc., has applied for an Off -Sale Liquor License for a new liquor store. Hy -Vee, Inc. is planning to open Hy -Vee Wine and Spirits at 1500 Central Park Commons Drive Suite B. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo August 16, 2016, Eagan City Council Meeting CONSENT AGENDA H. Approve Premise Permit for the South Robert Street Business Association to conduct lawful gambling at Wyatt's Twisted Americana, 1965 Cliff Lake Road Suite 108 Action To Be Considered: To adopt a resolution approving a Premise Permit for the South Robert Street Business Association to conduct lawful gambling at Wyatt's Twisted Americana, 1965 Cliff Lake Road Suite 108 Facts: ➢ Timothy Nowak, Gambling Manager of the South Robert Street Business Association, has applied for a premise permit to conduct a lawful gambling operation at Wyatt's Twisted Americana, 1965 Cliff Lake Road Suite 108. ➢ The Police Department has previously conducted a background investigation of the gambling manager and found no reason to deny the application. Attachments: (1) CH -1 Resolution RESOLUTION NO. _ CITY OF EAGAN PREMISE PERMIT FOR THE SOUTH ROBERT STREET BUSINESS ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT WYATT'S TWISTED AMERICANA WHERAS, the South Robert Street Business Association has applied for a premise permit for a lawful gambling operation at Wyatt's Twisted Americana, 1965 Cliff Lake Road Suite 108; 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 South Robert Street Business Association application for a premise permit at Wyatt's Twisted Americana, 1965 Cliff Lake Road Suite 108. Motion by: Seconded by: Those in favor: Those against: Date: August 16, 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 16th day of August, 2016. City Clerk Agenda Information Memo August 16, 2016, Eagan City Council Meeting CONSENT AGENDA I. Approve a Temporary On -Sale Liquor License and waive the license fee for People of Praise, MN Inc. on September 17, 2016 at 601 River Ridge Parkway. Action To Be Considered: To approve a temporary on -sale liquor license and waive the license fee for People of Praise, MN Inc. on September 17, 2016 at 601 River Ridge Parkway. Facts: People of Praise, MN Inc. has requested a temporary on -sale liquor license be issued to it for its 45th Anniversary Celebration on September 17, 2016. The event will be held at Trinity School at River's Ridge, 601 River Ridge Parkway. People of Praise, MN Inc. has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety — Alcohol and Gambling Enforcement Division for final approval. Attachments: (1) CI -1 Letter from People of Praise or 0 Is CHRISTIAN COMMUNITY People of Praise MN Inc. 601 River Ridge Parkway Eagan, MN 55121 July 14, 2016 Ms. Christina Scipioni City Clerk, City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Ms. Scipioni, People of Praise MN Inc, is applying for a Temporary On -Sale Liquor License for the 4511' Anniversary celebration of our community on September 17, 2016. This document serves to provide the City of Eagan the necessary information about our event so that the City Council will approve our license at the next City Council meeting. 'Thank you for working with us to help us secure the license. As a 501 c3 organization, I am requesting that the fee be waived. 1. Attached is the Certificate of Liability Insurance from the Gallagher Insurance Company. Our insurance meets or exceeds your requirements. 2. The People of Praise Community Event will be held at 601 River Ridge Parkway, Eagan, Minnesota, 55121. The event will be held outdoors and indoors. The entrance to the indoor events will be through our cast doors of the People of Praise. 3. (a) We have hired two security personnel for the event who will enforce alcohol beverage sale and consumption laws, crowd control and public safety. (b) The beverage servers will require that any person desiring to be served liquor must show a valid photograph identification which will be checked to insure the person is 21 or older. When the age of the person is verified, he/she will be issued a wristband which he/she will wear throughout the event. No alcohol will be served to a guest who does not have a wristband. 4. No one serving alcohol shall be intoxicated or consume alcoholic beverages during their work shift. 5. People of Praise will post signs at the entrance notifying the public that consumption of alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. The alcoholic beverages will be available from 3-8:30 p.m. on Saturday, September 17, 2016. 7. People of Praise will designate an on-site manager in compliance with the City of Eagan's requirement. If you have any additional questions please contact me at the phone number below or email address. Other People of Praise employees involved in the planning of the event include Rebecca Verwey and Patrick Murphy, Sincerely, Harold E. Coulter Business Manager People of Praise MN, Inc. 601 River Ridge Parkway Eagan, MN 55121 Email: heoulterjr@gmail.co Office: 651.789.2888 Ext. 102 Cell: 695.295.9206 Agenda Information Memo August 16, 2016, Eagan City Council Meeting CONSENT AGENDA J. Approve the Police Liaison Services Agreement Between The City Of Eagan And Independent School District (ISD) #196 Action To Be Considered: Approve the agreement between the City of Eagan and ISD #196. Facts: ➢ The City of Eagan and ISD #196 have partnered to establish a school resource officer program in three schools. ➢ The School District wishes to continue this relationship, and agrees to pay the city $77,890.76 for Eagan Police Officers to continue working in the schools for the 2016- 2017 school year. ➢ The School District increased funding for liaison services by one percent from the 2015- 2016 school year. Attachment (1) CJ -1 Police Liaison Services Agreement POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT N0.196 AND CITY OF EAGAN THIS AGREEMENT is made and entered into this day of . 2016 by and between SCHOOL DISTRICT NO.196, a Minnesota municipal corporation, (hereinafter "School District") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City"). RECITALS WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes §126C.44; and WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School. NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limited to: a. Prevention of delinquency; b. Protection of life and property; and C. Law enforcement. 2. The School District shall pay the City the amount of $77,890.76 for the City's police liaison services to the School District. 3. .. The parties agree and acknowledge that the police officers who are assigned to provide police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. The police officers shall not become an agent or employee of the School District by virtue of this Agreement and shall not make any representations to the contrary. The officers shall operate under the direct administration and supervision of the police department but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The officers shall not have disciplinary authority within the schools or be considered educational service providers, but shall be limited to their police functions. 4. The amount to be paid by the School District as specified in Paragraph 2 herein shall be payable for the 2016-2017 school year upon approval of this Agreement by both parties. 5. This Agreement is effective for the 2016-2017 school year. Upon the expiration of the 2016-2017 school year, this Agreement shall automatically terminate. 6. Each party shall be liable for the acts and omissions of its own agents and employees and not the acts and omissions of the other party's agents and employees. The parties' liability shall be limited by the provisions of the Municipal Tort Claims Act, Minn. Ch. 466 or other applicable law. 7. The parties agree that all government data collected, shared or received as a result of the parties' duties under this Agreement shall be handled and maintained in accordance with all applicable federal, state and local laws, rules and regulations governing government data, including, but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The parties understand and agree that any sharing of data between them must occur in accordance with the law governing the dissemination of data, including, but not limited to, specific laws and governing the sharing of data on students and minors. INDEPENDENT SCHOOL DISTRICT NO.196: By: Jackie Magnuson Its: Chairperson By: Joel Albright Its: Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of 2016, before me a Notary Public within and for said County, personally appeared JACKIE MAGNUSON and JOEL ALBRIGHT, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of Independent School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. Notary Public CITY OF EAGAN: By: Mike Maguire Its: Mayor By: Christina Scipioni Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this _ day of 2016 before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and CHRISTINA SCIPIONI to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public Agenda Information Memo August 16, 2016, Eagan City Council Meeting �I•]►69�I��re[h�►17e1 K. Modify the Conditions of approval - Jaime and Magie Samuelson Action To Be Considered: To modify the condition number 2 to allow 34% impervious surface for a Conditional Use Permit approved November 2, 2015 to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 3656 Pinecrest Ct. Facts: ➢ The City Council approved a Conditional Use Permit (CUP) last year for the applicant to construct an in -ground pool and pool deck on a single-family lot within the Shoreland Overlay District of Fish Lake. Fish Lake is classified as one of Eagan's top priority lakes. ➢ The impervious coverage on the lot was 23.6%. With the proposed swimming pool installation and improvements, the impervious coverage was increased to 33.13%. ➢ The applicant proposed to mitigate the impacts of the increased impervious surface by removing an existing 120 sq. ft. shed, redirecting downspouts and installing a rain garden within the site. Both the narrative and Site Plan indicated removal of the shed. ➢ The applicant has stated they were unaware the contractor stated the shed would be removed and has requested the shed remain. The impervious surface would equal 4,204 sq. ft. or 34% if the shed were to remain. ➢ Water Resource staff has inspected the stormwater management system installed per the CUP and has determined the basin can handle the additional 120 sq. ft. impervious as the infiltration basin was constructed "larger than what was required to manage 33.13% impervious. Issues: None 60 -Day Agency Action Deadline: N/A Attachments: (6) CK -1 Location Map CK -2 Modified November 2, 2015 City Council minutes CK -3 Revised Site Plan CK -4 Applicant Narratives CK -5 Staff Evaluation CK -6 Site Photos MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 2, 2015 Conditional Use Permit — Kalifornia Pools City Administrator Osberg introduced the item noting the Council is being asked to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 3656 Pinecrest Court. The applicant is proposing to construct an in -ground pool and pool deck on a single family lot within the Shoreland Overlay District of Fish Lake. City Planner Ridley gave a staff report and provided a site map. The Council discussed the conditional use permit request. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 3656 Pinecrest Court, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: ® Site Plan dated September 30, 2015 2. The impervious surface of this lot shall not exceed X34% per the Site Plan dated s^^+em"^" 39 2015 August 9, 2016. , 3. The applicant shall construct the pool and required infiltration basin by July 1, 2016. The applicant shall also provide a financial guarantee in the amount of $3,000, prior to the release of the CUP, to ensure installation occurs per the approved plans. 4. Prior to the release of the CUP for recording, the applicant shall provide a $1,000 escrow deposit for inspection of the raingarden(s) installation. 5. The proposed rain garden/infiltration basin shall be designed and constructed to effectively capture, retain and infiltrate 100% of the impervious runoff from the excess impervious surface total from a 1%, 24-hour, 7.47" rainfall event . 6. Mitigative designs shall be reviewed and accepted by the City Engineering Division and the installation shall be inspected by City staff at the time of installation. 7. As -built drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. 8. The applicant shall enter into a long-term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney, to be filed in the property records with Dakota County Recorder's Office, at the applicant's expense. 9. The applicant shall discharge water from the pool (including filter backwash) in a form and manner acceptable to the Water Resources Manager. 10. The proposed rain garden/infiltration basin shall be designed and installed according to the guidelines of the Minnesota Stormwater Manual and the City of Eagan Engineering Standards Manual, and shall be constructed so that temporary ponded runoff has infiltrated below the surface within 48 hours after the end of a rain event. 11. The proposed rain garden/infiltration basin shall be designed to safely overflow to the front yard of the residence and shall not discharge into neighboring properties. 12. The applicant shall provide a detailed Landscape Plan, per City Code requirements, for the proposed rain garden/infiltration basin that provides plant quantities and plant spacing that will ensure 80% plant coverage by the end of year 2 after planting. n* 1i1. 1-1' LU LL - Ln 5a AIA 92 IR Eu ..fir ', oil RECEIVED AUG 0;9 1016 Jaime and Mag€e Samuelson 3656 Pinecrest Ct Dear City Council, My name Is Jaime Samuelson and I am an Eagan resident. My wife and I have lived in Eagan for over 15 years with our 4 children. Last year we decided to start a fun, property improvement project ... we wanted to put In a pool. After doing what we thought was our due diligence, checking references, previous projects, and reviews, we decided on a pool company and a contractor to do the work. If we were allowed to choose again, it would be safe to say we would choose differently. To say things have not gone smoothly would be a great understatement. We started the process last August (2075), and we are still attempting to complete the project (the pool was dug in Decemberl). The reason for this letter is to request an amendment to the CUP for the removal of our shed on our property. When we started this process, our contractor assured us that we would never have to remove our shed. That was very important to us as It is the only place we have to store our yard equipment and all of our water toys, then we received an email from the City stating that we have until August 1st to remove the She. Evidently, the main concern is that we have too much hardcover on the property to manage storm water. If you were to see our property, you could see that.removing the shed will do nothing to disperse excess water. We currently have a huge water garden that we installed on our property. The water garden was part of our original CUP. The water garden is fully functioning and larger than our pool, as a matter of fact; the garden we installed was larger than originally discussed. If you were to come see our property, I think you would agree our property can support a shed no problem. The current set up of our yard, and the water garden are more than adequate. We would like an opportunity to discuss in person with you, the removal of the shed. We have had some other people out from the city, and I believe they would agree that they support keeping the shed. If you are willing, we would be happy to provide them as references. We look forward to your review of this matter, and to speak with you in person. Thank you for your time, Jaime and Magie Samuelson We propose to add a pool and concrete around the pool to an existing residence. Currently there is 2,952 square feet of hard cover between the house, garage, drive and walk ways, and shed. The property has 12,325 square feet tote, space. We have a current hard cover calculation of 23.95 percent. We propose to add a pool and concrete surrounding that would bring our hard cover number up to 4,084 square feet and bring our hard cover number up to 33.13 percent. We will be building a 60 foot by 20 foot rain garden to the rear of the property, this will off set the increased hard cover in terms of controlling water run off. We have set this rain garden in a spot that will allow us to capture the water run off of the back yard and also have set drain tiles surrounding the pool and set in pea -gravel at a pitch of 3 inches per 10 feet to capture the water run off of the pool and concrete area. We have 2 drain tiles that will be set of the back corner of the house in both directions that will capture the roof water for about 930 square feet of the house. We will capture almost 2,000 feet of hard cover run off and add ].,132. We have taken other actions to reduce water run off by removing the shed that is currently counted in the hard cover and also removing 3 rock beds that currently consume 440 square feet of the yard and replacing them with grass. We will now be able to redirect 95 percent of the back property water to the rain garden, and we will provide a system that will get that water into a proper drainage soil condition. The soil after 2 feet deep in this location turns into a very clean sand material, and that continues to past 5 feet in depth. we feel that this sytem can very easily handle any increased water run of and will now be a much better water controlling property than it was before the project (currently is). �t4k a�� ;�,s�� from: Rena Thomason To: Sarah Thomas W Eac Macbeth SublecD RE: 3656 Pla.-t CouR Date: Thursday, August 11, 20169:91:15 AM Regarding the garden shed's Impervious Impact (if left In place at 3656 Pinecrest Court) on the backyard Infiltration basin's capacity, I believe that the actual/constructed retention volume capacity provided by the Infiltration basin is greater than what we had required (due to the greater than expected sub -soil retention/infiltration ability that was encountered during over -excavation). In summary, this constructed stormwater Infiltration basin should be able to still function as Intended for retention ofthe 1% storm event from stormwater runoff from for excess Impervious overage, even with the shed remaining in place. Please let me know if you need any additional Information for this. Thank you, Gregg Gregg Thompson I Water Resources Specialist I City of Eagan Maintenance Facility 13501 Coachman Point I Eagan, MN 55122 651-675-53351651-676-5360(Fax)I GThomoson(dcitvoreaaan.com Agenda Information Memo August 16, 2016 Eagan City Council Meeting C4191►1;1Qkff_TCl:rk MI -1 L. Lot 1, Block 1, Wilmus Addition Easement Vacation Action To Be Considered: Receive a petition to vacate a portion of a public drainage and utility easement on Lot 1, Block 1, Wilmus Addition and schedule a public hearing to be held on September 20, 2016. Facts: ➢ On July 28, 2016, City staff received a petition from Nick Marcucci, Wold Architects & Engineers, representing Oak Ridge Elementary School (ISD 196), the property owner, requesting the vacation of a portion of an existing drainage and utility easement on Lot 1, Block 1, Wilmus Addition (4350 Johnny Cake Ridge Road), south of Diffley Road and west of Pilot Knob Road, in southwest Eagan. ➢ The purpose of the request is to relocate existing water main away from a proposed new building addition to Oak Ridge Elementary School. ➢ The request would vacate a portion of an existing drainage and utility easement in exchange for the dedication of a new easement on the property for the purpose of relocating a water main. The vacation of the easement would accommodate the new school addition. The newly dedicated easement will adequately address the relocated water main on this property. ➢ Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Attachments (2) CL -1 Location Map CL -2 Legal Description Graphics 11---I WA SAA ON Cliff Road 0- 0 0'- 0. == I N, \ Lone Oak Road Yankee Doodle Road C 0 Diffley Road Map of Proposed Location + for Easement Vacation City of Eapn Lot 1, Block 1, Wilmus Addition 0 Fig. 1 08-04-2016 N Ti ti •N p �( 0 ov m � vOyF-v c ro w o IiJ o co n 0 Z ou! a C•V 0:69 of r o° f C pl c rn F �v N oNM�U o opo°°vc lFl N ° alb U O Q T� n yN o 9 .aL. O O N .atV. 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V O0� vz •N- N o.��r, .-� m O° -+ O— L y N V Eco-lo�wo-moo o w ,p V o Z m'° ol.c W N y j U� uo m $ 9 2 w o 9 o 0 o d'� °� "- v 1° o 'Y om o o a'c r�i o Fc¢ T2 Q y.., N` nock V M w� o m °w -g To..c� E•'s z O _ Oi =.N �C i+ � e}3 Cyq v 9 O N °ry W -S6�i ti I v O00 U N ma CQi o� � U y Egii �-Cv °'v F, O o O v. v o N° N ¢ 3 m w ¢ v°- w° 00 ¢ w / RGQ l77�L jb ,.8t l / - z !mow i / / I Y O O 0 c�D,t, V ��./ I1I / N ° ✓/(\ OJQ w°33_0 I i0 C� p,OOa 4G,, L / /— ,,—�,B\oda � / =07✓ Y 10 A•x / \O OVI W" z o \ tii r g C O r' /N '�\ / Jed °-OZ / O�QQO Sp ��^Nn :2 o0mo L�'I I YF J 00w =� w ,��BUft w ELI Agenda Information Memo August 16, 2016 Eagan City Council Meeting CONSENT AGENDA M. Lot 1, Block 2, Weston Hills 2nd Addition Easement Vacation Action To Be Considered: Receive the petition to vacate a portion of a public drainage and utility easement on Lot 1, Block 2, Weston Hills 2nd Addition and schedule a public hearing to be held on September 20, 2016. Facts: On August 3, 2016, City staff received a petition from Eric and Stephanie Stahl, property owners of Lot 1, Block 2, Weston Hills 2nd Addition, requesting the vacation of a portion of existing drainage and utility easements on their property at 4668 Weston Hills Drive, south of Cliff Road and east of Hwy 3, in southeast Eagan. ➢ The purpose of the request is to allow the homeowners to install an in -ground pool in the backyard. ➢ The request would vacate a portion of an existing drainage and utility easement on the property. The vacation of the easement would address the portion in excess of the standard drainage and utility easements adjacent to the property lines. The portion of the easement remaining will adequately address all necessary public drainage and utility easements on this property. ➢ Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Attachments (2) CM -1 Location Map CM -2 Legal Description Graphics Location Map of 401. Proposed Easement Vacation City of Eapn Lot 1, Block 2, Westin Hills 2nd Addition 08-04-2016 44b� N City of Eap r -I U, J Stratford Fane Easement Vacation Description All that part of the existing drainage and utility easement over and across Lot 1, Block 2, Weston Hills 2nd Addition, Dakota County, Minnesota, excepting the West 10.00 feet, North 10.00 feet, East 10.00 feet, and South 5.00 feet thereof of said Lot 1. Legal Description Graphic Lot 1, Block 2 Westin Hills 2nd Addition Dakota Coun Fig. 2 Vacated Portion August 8, 2016 Agenda Information Memo August 16, 2016 Eagan City Council Meeting CONSENT AGENDA N. Project 1225, Northwest Parkway/MV Eagan Street & Utility Improvements Action To Be Considered: Accept the Amended Feasibility Report for Project 1225 (Vikings Parkway/MV Eagan - Street and Utility Improvements). Facts: ➢ Project 1225 provides for street and utility improvements for the extension of Vikings Parkway within the MV Eagan development, including City trunk water main, storm sewer extensions, a 4 -lane collector roadway with left/right turn lanes and landscaped center medians, intersection traffic control (roundabouts) at Lone Oak Parkway and at Ames Crossing Road, bituminous trail, concrete sidewalk, streetscaping, and street lighting. ➢ On April 18 and May 11, 2016, the Finance Committee met with executives from the Minnesota Vikings regarding the cost participation anticipated with the construction of public improvements associated with Vikings (Northwest) Parkway and the MV Eagan Development. As a result of these discussions, the committee directed staff to prepare a public improvements feasibility report, including proposed assessments to benefiting properties and revenue sources. ➢ On June 7, 2016, the City Council received the petition from MV Eagan and authorized preparation of detailed plans and specifications for Project 1225. ➢ On June 21, 2016, the City Council accepted the Feasibility Report for Project 1225. One of the conditions for approval of the proposed MV Eagan subdivision is the requirement for Council approval of a public improvement project and contract award for the construction of public streets and utilities. ➢ On August 8, MV Eagan, LLC submitted applications to the City for final plat subdivision. The plat and associated site plan submitted included an alignment and configuration for Vikings Parkway that was different than the preliminary approval drawings, and the original feasibility report for Project 1225. ➢ An amended Feasibility Report for Project 1225, reflecting the change in Vikings Parkway alignment, along with the extension of AccessEagan.facilities, street width modifications and change in project schedule, has been prepared and is being presented to the Council for their consideration. Attachments (1) CN -1 Amended Feasibility Report 401� City of Eagan Feasibility Report Vikings Parkway Extension & MV Eagan Street & Utility Improvements Eagan, Minnesota City Project 1225 June 21, 2016 Amended August 16, 2016 411 City of Eajan ma To: Honorable Mayor and City Council From: John Gorder, City Engineer Date: August 11, 2016 Re: Vikings Parkway Extension & MV Eagan City Project No. 1225 Attached is the amended Feasibility Report for street and utility improvements at Vikings Parkway/ MV Eagan (formerly Northwest Parkway), City Project No. 1225. The report presents and discusses the proposed improvements and includes a cost estimate, revenue sources, and schedule. We are available to discuss the contents of the report at your convenience. 1 hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Fit NWi;416 Gorder Date: 08/10/16 Lic. No. 22813 Reviewed By: Departmelof Public Wor Date: 08/11/16 Reviewed P- Date: 08/11/16 TABLE OF CONTENTS 1.0 Overview.......................................................................................1 1.1 Scope............................................................................................1 1.2 Easements....................................................................................2 1.3 Required Permits& Approvals....................................................... 2 2.0 Schedule....................................................................................... 2 3.0 Cost Estimates...............................................................................3 4.0 Assessments/ Revenue Sources.....................................................3 Appendix Location Plan Map Vikings Parkway/ MV Eagan Site Plan Preliminary Cost Estimate Feasibility Report Vikings Parkway Extension/ MV Eagan Street & Utility Improvements Eagan, Minnesota 1.0 overview The City's Comprehensive Transportation Plan identifies the need for the extension of Vikings Parkway (formerly Northwest Parkway), from the Vikings Parkway/Lone Oak Parkway intersection to Ames Crossing Road, with associated utilities, streetscaping and lighting. This extension is proposed as part of the MV Eagan development in northeast Eagan. The City of Eagan has been petitioned to complete the extension of Vikings Parkway within the MV Eagan site to provide a necessary collector roadway, and associated public utilities, for northeast Eagan and the redevelopment area. The City of Eagan will be the lead agency for this Municipal State Aid (MSA) project. On June 21, 2016 the City Council accepted the feasibility report for Project 1225 — Northwest Parkway Street & Utility Improvements. This amended report includes a revised alignment and street width for Vikings Parkway, extension of AccessEagan facilities, and a change in schedule for the improvements. The change in street name from Northwest Parkway to Vikings Parkway was approved by the City Council August 1, 2016. The timing of the project has been proposed to coordinate with the MV Eagan redevelopment. MV Eagan is the developer for the property, and they are currently in process with the City to obtain development approvals. That redevelopment is proposed to include major site improvements, including demolition of existing office buildings, addition of the Viking headquarters and practice fields, and significant other mixed land uses. 1.1 Scope The project scope and preliminary design is based on the following considerations: • City of Eagan's Capital Improvement Plan (2017-2021) • The design will accommodate City trunk water main & storm sewer extensions, a 4 -lane roadway with left/right turn lanes and landscaped center median, intersection traffic control (roundabouts) at Lone Oak Parkway and at Ames Crossing Road, 8 -foot bituminous trail, 8 -foot concrete sidewalk, full streetscaping and streetlighting. • All street, roundabout, and trail designs will follow Minnesota Department of Transportation (MnDOT) State Aid standards, including all ADA accommodations. • The extension of fiber and conduit facilities in accordance with the goals of the AccessEagan initiative. 1 1.2 Easements All proposed construction will occur within existing public right-of-way or new right-of- way and easements as dedicated by the MV Eagan development. The final determination of the need and/or extent of necessary easement acquisition will be made during the design phase of the project. 1.3 Required Permits and Approvals The following permits and approvals are anticipated to be needed for this project: • The developer will need to complete the development approval process with the City of Eagan. • The developer will need to have the existing building located at 2600 Lone Oak Point (former NWA flight simulator/training facility) completely demolished through the City's demolition permit approval process. • The developer will need to mitigate wetland impacts to Pond FP -4.4 through the Wetland Replacement Application process with the approval of the Minnesota Board of Water and Soil Resources. Since Minnesota Department of Transportation (MnDOT State Aid) funding is expected to be utilized, the process will follow the required MnDOT State Aid approval process. 2.0 Schedule The schedule below for the public improvement project was developed in order to coordinate with the proposed schedule of the redevelopment project. It is understood the schedule is aggressive, and is may be revised depending on the timing of submittals and approvals by the City, State, Developer, and others. Date Task June 7, 2016 City Council Receives Petition for Public Improvements/ Authorizes Plans & Specs June 21, 2016 MV Eagan Preliminary Plat/ Development Consideration June 21, 2016 City Council Accepts Feasibility Report for Public Improvements August 16, 2016 City Council Accepts Amended Feasibility Report for Public Improvements (Vikings Parkway Alignment, AccessEagan, Schedule) January 2017 Approve Plans & Specifications February 2017 State Aid Plan Approval March 2017 Award Contract June 2017 Utility Construction Begins Summer -Fall 2017 Street/ Roundabout, Landscaping Construction Fall 2017 Project Completion K 3.0 Cost Estimates The following reflects the estimated costs for the project. The revised alignment and length, and increased width of Vikings Parkway are reflected in the estimated costs in this amended report. A detailed, itemized breakdown of all costs is included as an attachment to this report. Estimated Project Costs Total Estimated Construction Cost $ 3,994,000 Contingency (10%) $ 399,500 Subtotal $ 4,393,500 Project Related Costs (15%) $ 659,000 Total Estimated Project Cost $ 5,052,500 -- $ 700,000 Intersection Control AccessEagan Fiber & Conduit -- $140,000 4.0 Assessments/ Revenue Source Assessments are proposed to be levied against the benefited properties within the adjacent MV Eagan development for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy: Item Project Developer City Vikings Parkway Street Improvements $3,000,000 $ 2,408,100 $ 591,900 Concrete Sidewalk $ 200,000 -- $ 200,000 Streetscape/ Lighting $ 700,000 -- $ 700,000 Intersection Control $ 632,500 -- $ 632,500 Trunk Water Main 520,000 200,000 320,000 Totals $5,052,500 $2,608,100 $ 2,444,400 AccessEagan Fiber/Conduit $140,000 -- $140,000 The City's Major Street Fund ($2,124,400) and Utility Fund ($320,000) will finance the estimated project -related costs of $2,444,400 (48% of total) for the Vikings Parkway improvements. The City's AccessEagan Infrastructure Fund will finance the fiber optic and conduit extensions along Vikings Parkway. ($140,000). Location Plan Map Vikings Parkway/ MV Eagan Site Plan Preliminary Cost Estimate m co Wo HY j�)�� x,}r 11 V-1; 4 y v di it } i X71 dl R 't�la '- )iy f f 1� LL ,9 Vikings Parkway/ MV Eagan Street & Utility Improvements Project 1225 Preliminary Cost Estimate - Amended August 16, 2016 ITEM DESCRIPTION UNIT TOTAL ESTIMATED QUANTITY UNIT PRICE TOTAL ESTIMATED COST TRUNK WATER MAIN Mobilization Is 1.00 $9,000.00 $9,000 Trunk Water Service, 18" DIP If 3,034 $114.00 $345,876 Fire Hydrants ea 4 $11,234.00 $44,936 Water Valve - Butterfly ea 2 $5,643.0011 286 Su btota I-Construction411098 Contingency, 10% Is 1.00 $41,109.80 $41,110 Legal, Admin and Engineering, 15% Is 1.00 $67,831.17 $67,831 Subtotal - Trunk Water Main $520,000 STREET IMPROVEMENTS Mobilization Is 1 $90,000.00 $90,100 Storm Sewer If 3,750 $75.00 $281,250 Storm Inlets and Catch basins ea 20 $5,000.00 $100,000 Storm Manholes ea 6 $8,000.00 $48,000 Relocation of City Traffic Control Boxes and Street Loops Is 1 $60,000.00 $60,000 Aggregate Base tons 12,000 $20.00 $240,000 Asphalt Paving 6" Section of Paving tons 9,000 $75.00 $675,000 Pavement Direction/Parking Striping sf 202,500 $0.25 $50,625 Curb and Gutter If 20,000 $15.00 $300,000 Entrances, Approaches, Service sf 4,550 $10.00 $45,500 Bituminous Trail sf 80,000 $3.00 $240,000 Pedestrian Ramps ea 6.00 $3,000.00 $18,000 Existing Tie In ea 2 $100,000.00 $200,000 Misc Slabs and Pads sf 2,400 $5.00 $12,000 Code Required Signage acres 7 $1,500.00 $11,100 Subtotal -Construction $2,371,575 Contingency, 10% Is 1.00 $237,157.50 $237,158 Legal, Admin and Engineering, 15% Is 1.00 $391,309.88 $391,310 Subtotal - Streets $3,000,000 STREETSCAPE/ LIGHTING Electrical and Distribution acres 7.00 $8,000.00 $56,000 Street Lighting Is 1 $397,350 $397,350 Landscaping Is 1 $100,000 100000 Subtotal -Construction $553,350 Contingency, 10% Is 1.00 $55,335.00 $55,335 Legal, Admin and Engineering, 15% Is 1.00 $91,302.75 $91,303 Subtotal - Streetscape/Lighting $700,000 CONCRETE SIDEWALK Aggregate Base tons 2,105.00 $20.00 $42,100 Concrete Sidewalk sf 32,000.00 $2.50 $80,000 Pedestrian Ramps ea 12.00 $3,000.00 11g,000 Subtotal-Construction $158,100 Contingency, 10% Is 1.00 $15,810.00 $15,810 Legal, Admin and Engineering, 15% Is 1.00 $26,086.50 $26,087 Subtotal - Concrete Sidewalk $200,000 INTERSECTION CONTROL Roundabout at Vikings Pkwy/ Lone Oak Parkway Demolition, existing pavement, miscellaneous sf 22,500.00 $0.56 $12,600 Common Excavation sf 25,000.00 $1.13 $28,250 Erosion Control and Silt Fence Is 1.00 $5,000.00 $5,000 Surveying, street design & construction staking Is 1.00 $9,500.00 $9,500 Street Cleaning Is 1.00 $7,000.00 $7,000 Misc. Stormwater catch basin/manhole reconstruction Is 1.00 $20,000.00 $20,000 Mill and Overlay 3" asphalt pavement sf 40,000.00 $2.00 $80,000 Construction of Islands for traffic control, Curb & Gutter If 1,000.00 $18.06 $18,060 Construction and landscaping of islands Is 1.00 $34,900.00 $34,900 Asphalt Paving 7" Section of Paving tons 500.00 $87.00 $43,500 Pavement Direction/Parking Striping sf 30,000.00 $0.25 $7,500 Curb and Gutter If 3,500.00 $19.00 $66,500 Entrances, Approaches, Existing tie-ins sf 1 1,000.00 $7.90 $7,900 Street and Specialty Lighting Is 1.00 $40,000.00 $40,000 Code Required Signage acres 0.50 $1,410.75 $705 Roundabout at Vikings Pkwy/ Ames Crossing Roadway Demolition, existing pavement, miscellaneous sf 15,000.00 $0.56 $8,400 Mass Cut, Fill, and Finish Grading sf 10,000.00 $1.50 $15,000 Erosion Control and Silt Fence Is 1.00 $5,000.00 $5,000 Surveying, street design & construction staking Is 1.00 $5,500.00 $5,500 Street Cleaning Is 1.00 $2,500.00 $2,500 Misc. Stormwater catch basin/manhole reconstruction Is 1.00 $10,000.00 $10,000 Mill and Overlay 3" asphalt pavement sf 16,000.00 $2.00 $32,000 Construction of Islands for traffic control, Curb & Gutter If 800.00 $19.00 $15,200 Construction and landscaping of islands Is 1.00 $25,000.00 $25,000 Subtotal-Construction $500,015 Easement/ Contingency, 10% Is 1.00 $50,001.54 $50,002 Legal, Admin and Engineering, 15% Is 1.00 $82,502.54 $82,503 Subtotal - Intersection Control $632,500 Project Total $5,052,500 ACCESSEAGAN CONDUIT 144 Strand Single mode fiber cable If 10,000 $4.25 $42,500 1.5" NM Conduit Bundle (2) w/ 10-Guage Tracer Wire If 10,000 $4.25 $42,500 24 x 36 Poly Concrete Vault ea 12.00 $1,500 $18,000 30 x 48 Poly Concrete Vault ea 5.00 $1,600 $8,000 Subtotal-Construction $111,000 Contingency, 10% Is 1.00 $11,100.00 $11,000 Legal, Admin and Engineering, 15% Is 1.00 $18,300.00 $18,000 Subtotal -Access Eagan $140,000 Agenda Information Memo August 16, 2016 Eagan City Council Meeting CONSENT AGENDA 0. MV Eagan Ventures, LLC Installation of Public Improvements Action To Be Considered: Approve agreement with MV Eagan Ventures, LLC, et.al., for the Installation of public improvements, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On June 21, 2016, the City Council approved a Preliminary Subdivision for the proposed Minnesota Vikings mixed-use development upon approximately 200 acres located south of 1-494 and east of Highway 149. ➢ Subsequent to this approval, the City has been requested by the Developer to allow the installation of public utility improvements (sanitary sewer and water main) by the Developer prior to the Final Subdivision approval from the City Council. ➢ Public Works Department staff and the City Attorney have reviewed the proposal and have prepared an Agreement for Installation of Public Improvements, with conditions providing for detailed plans, financial guarantees, insurance and escrows to be provided by the Developer. ➢ The agreement has been reviewed by the Public Works Department, is similar to other construction agreements with developers, and in order for favorable Council action. Attachments: (1) CO -1 Agreement for Installation of Public Improvements AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENTS Between MV Eagan Ventures, LLC; Sheldon Road Associates, L.L.C.; M Land, LLC; and Eagan V Land, LLC And CITY OF EAGAN For MINNESOTA VIKINGS DEVELOPMENT This Agreement for Installation of Public Improvements (the "Agreement") is made this day of , 2016 by and between the City of Eagan (hereinafter the "City"), a Minnesota municipal corporation, and MV Eagan Ventures, LLC, a Minnesota limited liability company; Sheldon Road Associates, L.L.C., a New Jersey limited liability company; M Land, LLC, a Delaware limited liability company; and Eagan V Land, LLC, a Delaware limited liability company (hereinafter collectively the "Developer"). The "City" and the "Developer" are hereinafter collectively known as the "Parties." WHEREAS, the City has been requested by Developer to approve and allow the installation of improvements for property legally described on the attached Exhibit "A" attached hereto and incorporated herein (the "Property"), which the Developer desires to subdivide and develop into a mixed-use development, including the construction of the Minnesota Vikings Headquarters and Indoor Practice Facility (the "Project"). WHEREAS, the City has agreed to approve and allow the installation of improvements on the terms and conditions contained herein; NOW, THEREFORE, in consideration of the mutual agreements of the Parties, it is hereby agreed by and between the Parties as follows: 1. Conditional Approval. Subject to the terms and conditions of this Agreement, the City hereby approves the installation of improvements, prior to plat approval and recording, on the Property. 2. Improvements. The improvement plans identify sanitary sewer and service stubs, water main and service stubs, and storm sewer, (collectively the "Improvements") for development of the Property. Upon completion of the Improvements, and following acceptance by the City and the recording of the final Plat, the Improvements shall be maintained as follows: i) The City shall only own and be responsible for maintenance of sanitary sewer lines located within public right-of-way or utility easements. Maintenance of service and lateral lines shall be the responsibility of the Developer. 2 ii) The City shall only own and be responsible for the maintenance of water lines located within public right-of-way or utility easements. Maintenance of service and lateral lines shall be the responsibility of the Developer. iii) The storm sewer improvements shall be owned and maintained by the City and shall be located entirely within public right-of-way or dedicated public easements. The Developer agrees to grade the Property and to install the Improvements in accordance with and under the following conditions: A. To grade the Property in accordance with the Grading Plan on file with the City. B. To install the Improvements, as approved by the City, in accordance with the Plans and in accordance with City standards. C. To install each item noted herein at the Developer's sole cost and expense. D. To attend a preconstruction meeting with representatives of the City and to require the attendance of all contractors and subcontractors, prior to commencement of construction. E. To deliver and to keep in existence with the City a letter of credit or cash escrow, in a form acceptable to the City Attorney, in the amount of Six hundred sixty-five thousand and 00/100 dollars ($_665,000.00) to secure the performance and payment of the Developer's obligations as they relate to the Improvements. G. To pay the City's costs related to the administration, engineering, legal fees and inspection, which the City estimates to be approximately Forty- two thousand five hundred and 00/100 Dollars ($42,500.00). Such costs shall be paid as follows: i) The Developer shall deposit the sum of Forty-two thousand five hundred and 00/100 Dollars ($42,500.00) with the City for payment of the City's costs under this Agreement. ii) Upon separate written request from the Developer, not more than one time per month, the City shall submit a written statement to the Developer with detailed descriptions of the City's costs related to the Improvements and this Agreement, and a statement of the balance of the deposit. 3 iii) If the City's costs exceed the deposit, the Developer agrees to reimburse the City within thirty (30) days of billing. If the costs are less than the amount of the deposit, upon completion of the Improvements, the amount remaining on deposit shall be returned to the Developer. H. That any violation of the terms of this Agreement shall allow the City to stop all construction on the Property until authorization to proceed is given by the City. The Developer agrees to hold the City harmless from any damages, causes of action, or claims related to the construction being stopped by the City. 3. UNDERGROUND. The Developer agrees to install all utilities underground in the Property. 4. COMPLETION. Within thirty (30) days after completion of the Improvements, the Developer shall (i) provide testing or inspection of the utilities to ensure they have been completed in accordance with the City Code, City Standards and the plans and specifications on file with the City and (ii) give written notice to the City that the Improvements have been completed in accordance with the City Code, City Standards and the plans and specifications on file with the City. The City shall then inspect the Improvements and notify the Developer of any Improvements that do not appear to conform to the City Code, City Standards and/or the submitted plans and specifications. If Developer's Improvements do not conform to the City Code, City Standards and submitted plans and specifications or are later discovered to not conform, the City shall immediately notify the Developer of the need for repair or replacement. Notwithstanding any provision herein to the contrary, the Developer agrees that in case of emergency, the City may cure any default by Developer without prior notice to Developer, and the Developer waives any and all rights to notice of default in such event. Any cost incurred by the City to cure the default shall be the financial obligation of the Developer, and shall be paid to the City within ten (10) days of receipt of an invoice for such costs. 5. PAYMENT OF CITY COST. The Developer agrees to reimburse the City for all engineering, administrative and legal costs and expenses incurred by the City in connection with this Agreement or the enforcement thereof. 6. WARRANTIES. Unless a longer warranty period is provided by Minnesota law, the Developer warrants all Improvements required to be performed by Developer, its agents and employees, against poor design, engineering, materials and faulty workmanship for a period of two (2) years after acceptance by the City. Developer shall provide a warranty bond(s), in an amount equal to the cost of the Improvements, for a two (2) year period commencing upon the City's acceptance of the Improvements. The Developer shall be solely responsible for the cost and 4 7. expense to perform all required repair work to City Standards within thirty (30) days of written notification by the City. INSURANCE. A. General Reguirements: The Developer shall not commence work under this Agreement until it has obtained all insurance required under this Section and shall have filed the certificate of insurance or the certified copy of the insurance policy with the City, and the Developer shall maintain such insurance until the date six (6) months after the City has accepted the Improvements. The Developer shall not allow any subcontractor to commence work on its subcontract until all insurance required for the subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without ten (10) days written notice to the City of intent to cancel. The Developer shall notify its insurance company in writing that the insurance company must notify the City if it cancels the Developer's insurance. The Developer shall provide a copy of this written notice to the City. Each insurance policy shall contain a clause naming the City as an additionally insured party under the policy. Certificates of insurance shall be submitted on Standard Form C.I.C.C.- 701 or ACORD 25 forms and shall specifically note the clause providing for 10 days written notice to the City of intent to cancel. The certificates of insurance shall also specifically note the clause naming the City as an additionally insured party under the policy. The following minimum coverage shall apply. i) ii) Worker's compensation insurance as required by law. Employer's liability insurance with minimum limits as follows: Bodily Injury By Disease: Bodily Injury By Disease: Bodily Injury By Accident: $500,000 per person $500,000 general aggregate $500,000 general aggregate Contractor's Comprehensive general and automobile liability insurance, including coverage for non -owned and hired vehicles, in limits as follows: General Liability - 5 $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability - $1,000,000 Combined Single Limit for Bodily Injury and Property damage iv) In addition to all listed coverages, Developer shall procure and maintain an Umbrella or Excess liability policy in a minimum limit of $2,000,000. B. Minimum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the Developer. The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance that may be necessary to provide adequate coverage must be provided by the Developer at its sole cost and expense. C. Contractual Liability: To the fullest extent permitted by law, the Developer shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of this Agreement provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Developer, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. Release. The Developer hereby specifically releases the City and the members of the City Council from any liability in connection with the installation of the Improvements and the handling of funds pursuant to the terms of this Agreement, and further agrees to indemnify and hold the City and the members of the City Council harmless from any claim of any and every nature whatsoever as a result of this Agreement or the installation of the Improvements. 9. Assigns. The Parties mutually recognize and agree that all terms and conditions of this Agreement shall run with the Property and shall be binding upon the successors and assigns of the Developer. IN WITNESS WHEREOF, the Parties have hereunto set their hands. [SIGNATURE PAGES TO FOLLOW] Agreement for Installation of Public Improvements Signature Page for the City CITY OF EAGAN a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk APPROVED AS TO CONTENT: By: City Planner STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) APPROVED AS TO FORM: By: City Attorney On this day of 2016 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 7 Agreement for Installation of Public Improvements Signature Page for the Developer MV Eagan Ventures, LLC, a Minnesota limited liability company RA Its: STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2016, by the of MV Eagan Ventures, LLC, a Minnesota limited liability company, on behalf of the limited liability company. 8 Notary Public Agreement for Installation of Public Improvements Signature Page for the Developer Sheldon Road Associates, L.L.C., a New Jersey limited liability company By: _ Its: STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2016, by the of Sheldon Road Associates, L.L.C., a New Jersey limited liability company, on behalf of the limited liability company. Notary Public M Agreement for Installation of Public Improvements Signature Page for the Developer M Land, LLC, a Delaware limited liability company By: _ Its: STATE OF ) ss COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by the of M Land, LLC, a Delaware limited liability company, on behalf of the limited liability company. 10 Notary Public Agreement for Installation of Public Improvements Signature Page for the Developer Eagan V Land, LLC, a Delaware limited liability company By: _ Its: STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2016, by the of Eagan V Land, LLC, a Delaware limited liability company, on behalf of the limited liability company. 11 Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952)953-8840 (RBB) 12 EXHIBIT "A" LOT 1, BLOCK 1 and OUTLOTS A, B and C, LONE OAK THIRD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Abstract property. AND OUTLOT B, LONE OAK SECOND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Abstract property. AND LOT 1, BLOCK 1, LONE OAK SECOND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Abstract property. OUTLOT A, NOVUS ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Abstract property. AND That part of the Northeast Quarter of the Northeast Quarter of Section 1, Township 27 North, Range 23 West, Dakota County, Minnesota, described as follows: Beginning at right of way boundary corner B18 as shown on Minnesota Department of Transportation Right of Way Plat No. 19-57 as the same is on file and of record in the office of the County Recorder in and for said County; thence Westerly on an azimuth of 281 degrees 15 minutes 56 seconds along the boundary of said plat for 145.23 feet to right of way boundary corner B 19; thence on an azimuth of 359 degrees 24 minutes 06 seconds for 118.62 feet; thence on an azimuth of 108 degrees 33 minutes 35 seconds for 359.45 feet; thence on an azimuth of 198 degrees 33 minutes 35 seconds for 5.00 feet; thence Southeasterly for 145.89 feet on a nontangential curve, concave to the Southwest, having a radius of 761.73 feet, a delta angle of 10 degrees 58 minutes 25 seconds and a chord azimuth of 114 degrees 02 minutes 48 seconds; thence Southwesterly for 35.83 feet on a Exhibit "A" - Page I of 2 Pages non-tangential curve, concave to the Northwest, having a radius of 260.00 feet, a delta angle of 07 degrees 53 minutes 43 seconds and a chord azimuth of 212 degrees 30 minutes 37 seconds to the southerly boundary of said Plat No. 19-57; thence Westerly for 10.50 feet along the boundary of said plat on a non-tangential curve, concave to the South, having a radius of 522.95 feet, a delta angle of 01 degree 09 minutes 03 seconds and a chord azimuth of 281 degrees 50 minutes 29 seconds to right of way boundary corner B14; thence on an azimuth of 281 degrees 15 minutes 56 seconds along the boundary of said plat for 54.87 feet to right of way boundary corner B15; thence on an azimuth of 191 degrees 15 minutes 56 seconds along the boundary of said plat for 15.00 feet to right of way boundary corner B16; thence on an azimuth of 281 degrees 15 minutes 56 seconds along the boundary of said plat for 250.00 feet to right of way boundary corner B17; thence on an azimuth of 11 degrees 15 minutes 56 seconds along the boundary of said plat for 15.00 feet to the point of beginning. Abstract property. AND That part of the Northeast Quarter of the Northwest Quarter, Section 1, Township 27, Range 23, Dakota County, Minnesota, lying within the following described lines: Commencing at the north quarter corner of said Section l; thence west along the north line of said section (bearing 90°00' West) 766.3 feet to the point of beginning; thence South 06°34' West, 394.47 feet; thence South 63°51' West, 272.13 feet; thence North 47°04' West, 176.3 feet; thence North 0°21' West, 391.69 feet to a point on the north line of said Section 1; thence east along the north line of said section 420.94 feet to the point of beginning and there terminating. Abstract property. Exhibit "A " - Page 2 of 2 Pages Agenda Information Memo August 16, 2016, Eagan City Council Meeting CONSENT AGENDA P. Approve amended Preliminary Plat & Site Plan – MV Eagan, LLC Actions To Be Considered: Approve an amended Preliminary Plat and Site Plan and direct staff to evaluate and modify conditions of the Preliminary Planned Development, as necessary. Facts:  The City Council approved the Preliminary Plat and Preliminary Site Plan on June 21, 2016.  As a matter of course, plans are fine-tuned and made more precise between preliminary and final approvals and that is the case here.  The only significant change is the realignment of Vikings Parkway (formerly Northwest Parkway). At approximately the center of the site the street travels in a south-easterly direction.  The number of lots/outlots and the overall development square footage remains the same. Issues: None Attachments: (2) CP-1 Revised Preliminary Plat CP-2 Revised Preliminary Site Plan w m , )!/ §§ ! r; — /)z § ) \ // \(} §| ) §§ ( \ o_ 2\ §\. �` \ k \ \ \ \ J2 \/: -� `®®- ' ) § ujuj NoiSg3momwmN Y LU ,.r 1 M0.ry'Y'd s cry �I�i r i F 1-5 VI 14 tia ff ff� ` �` *`E,a� Ut • r Agenda Information Memo August 16, 2016 Eagan City Council Meeting CONSENT AGENDA Q. Contract 15-20, Central Park Commons, Raw Water Line Action To Be Considered: Approve the final payment for Contract 15-20 (Raw Water Line — Central Park Commons) in the amount of $17,266.18 to Enebek Construction Co., and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 15-20 provides for the extension of a portion of the 12 -inch diameter water main for raw water transmission needed to serve proposed Well No. 22 within the Central Park Commons development. Well No. 22 is being installed under a separate contract. ➢ These improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo August 16, 2016 Eagan City Council Meeting CONSENT AGENDA R. Minnesota Clean Water Fund Grant Application Fitz Lake Action To Be Considered: Authorize submittal of a Minnesota Clean Water Fund grant application for $675,000.00 to the Board of Water and Soil Resources for "Fitz Lake Water Quality Improvements and TMDL Implementation." Facts: ➢ Minnesota's Clean Water, Land & Legacy Amendment protects drinking water sources; protects, enhances, and restores wetlands, prairies, forests, and fish, game, and wildlife habitat; preserves arts and cultural heritage; supports parks and trails; and protects, enhances, and restores lakes, rivers, streams, and groundwater. ➢ The Amendment increases the sales and use tax rate by three-eighths of one percent on taxable sales through 2034. Dollars are dedicated to four funds: Outdoor Heritage Fund, Clean Water Fund, Parks and Trails Fund, and Arts and Cultural Heritage Fund. ➢ The City of Eagan benefitted from the Clean Water Fund (CWF) in 2010-2011 when the Gun Club Lake Watershed Management Organization received a $90,000 grant for the Schwanz Lake Direct -Drainage Targeted Neighborhood Runoff -Reduction Project that constructed 15 of the 25 bioinfiltration basins (i.e., rain gardens) northeast of the lake. ➢ On December 21, 2015, the U.S. Environmental Protection Agency approved Eagan's Neighborhood Lakes TMDL and Management Plans Report of 12 lakes, supported by a $165,000 Clean Water Partnership grant from the Minnesota Pollution Control Agency. The report determined the maximum amount of phosphorus (i.e., total maximum daily load; TMDL) for Fitz Lake and detailed watershed and lake projects to reduce phosphorus levels that are exceeding state standards in the lake and impairing water quality. ➢ On June 7, 2016, the City Council adopted the 2017-2021 Capital Improvement Plan (CIP) for Public Works Infrastructure and authorized the initiation of 2017 improvements. The approved CIP had identified $675,000.00 to improve Fitz Lake by modifying three stormwater basins to reduce watershed -runoff phosphorus and by applying aluminum sulfate to reduce lake -sediment phosphorus. A CWF application for Fiscal Year 2017 has been prepared for submittal to address the proposed Fitz Lake CIP improvements. The required cost -share of at least 25% ($168,750) of the requested or received grant amount for the improvements will be supported by the Stormwater Utility Fund. Attachments (0) Agenda Information Memo August 16, 2016 Eagan City Council Meeting CONSENT AGENDA S. Contract 1S-04, Sperry Telecommunications Tower Action To Be Considered: Approve Change Order No. 2 to Contract 15-04 (Sperry Tower Recommissioning) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15-04 provides for removal of the 500,000 gallon Sperry reservoir/tower and replacement with a new "Stealth" design telecommunication tower with LED lighting upon the existing City property. ➢ Change Order No. 2 provides for revision of the caisson size. The original tower foundation included within the contract documents for bidding purposes was identified as preliminary pending final design. The final approved structural design shows a revision to the size of the caissons from 5 foot diameter x 62 feet deep to 6.5 foot diameter x 54.5 feet deep, an increase from 135 to 201 yards (caisson volume). The dimensional change of the three supporting caissons as identified above calls for a change in costs directly associated with operations and materials including, but not limited to: drilling, reinforcement, and concrete. ➢ The change order provides for an additional cost of $40,687.00 (or 2.9% of original bid) to the contract. The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and the region. ➢ This Change Order has been reviewed by the Public Works Department and found to be in order for favorable Council action. Attachments (0) Agenda Information Memo August 16, 2016 Eagan City Council Meeting CONSENT AGENDA T. Approve license agreement with Caponi Art Park Board to construct a shade structure on City Property located at 1205 Diffley Road Action To Be Considered: Approve presented license agreement with the Caponi Art Park Board (CAP) to allow construction of an 18 foot by 18 foot shade structure on the south park of the Caponi Art Park with the structure being presented as a donation back to the city after completion and final inspection. Facts: ➢ The City of Eagan owns the Caponi Art Park (CAP), and the management of the CAP falls under the responsibility of the Caponi Art Park Board. ➢ The property being considered for this improvement is under a conservation easement with Dakota County. ➢ The proposed shelter is within what is allowed by the County through the conservation easement and the County is aware of this possible improvement. ➢ The CAP, upon completion of the shelter will present it back as a donation tot eh City of Eagan, as the land owner of the CAP. ➢ The shelter will be used both in an active role with the programs held through the CAP Board, as well as, via passive opportunities for visitors of the park. ➢ The City will not include this shelter on our rentable list of shelters at this time. The CAP Board has applied for the proper building permits through the City and will follow all requirements of building a shade structure within the City, including maintaining similar standards to other shade structures throughout the city park system. ➢ A grant was received by the CAP Board, allowing for this construction project to be considered, however it has an end date of December 31, 2016 for completion. Attachments: (3) CT -1 License agreement CT -2 Letter of intent to build shelter and donate to City by CAP Board CT -3 Simple site plan; design and construction related documents NON-EXCLUSIVE LICENSE FOR BUILDING SHADE STRUCTURE This Non -Exclusive License ("License") is made effective as of the day of 2016, by and between Caponi Art Park, a Minnesota non-profit corporation (the "CAP"), and the City of Eagan, a Minnesota municipal corporation (the "City"). The City and CAP are jointly hereinafter referred to as "Parties", and individually as "Party". WHEREAS, The City owns real property located at 1205 Diffley Road, Eagan, Minnesota, legally described as Lot 1, Block 1, Caponi Art Park, Dakota County, Minnesota (the "Property"); and WHEREAS, the board of CAP is the manager of the Property pursuant to an agreement between the City and CAP; and WHEREAS, CAP would like to contract for the construction of an 18 foot by 18 foot shade structure ("Structure"), similar to the one depicted on Exhibit A attached hereto and incorporated by reference, upon the Property; and WHEREAS, CAP would like to donate the Structure to the City upon final completion of construction of the Structure; and WHEREAS, the City requires CAP to obtain a license from the City prior to CAP building the Structure upon the Property; and WHEREAS, the City is willing to grant the license to the CAP, subject to the terms and conditions contained herein; NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and CAP agree as follows: I . License for Constructing the Structure. The City hereby grants to CAP a non- exclusive license to encroach on and over the Property for the construction of the Structure depicted in Exhibit A, at Cap's expense in a workmanlike manner, free of defects, in compliance with Eagan code, within regulations placed upon the Property by the Conservation Easement with Dakota County, and applicable state and federal law, and within the Term defined herein ("Project"). This License is subordinate to the rights of the City to use and maintain the Property and the rights of the public to use and enjoy a public park as authorized by Eagan Code, and/or applicable state and federal law. 2. Term of the License. The License shall become effective upon the execution of this License by both Parties, and shall terminate on December 31, 2016 ("Term"). 3. Donation. Upon CAP's completion of the Structure in a workmanlike manner, free of defects, in compliance with city code and applicable state and federal law, CAP shall donate the Structure to the City. At the time of donation, CAP shall warrant that title to work that was necessary to complete the Project will pass to the City, and that the work that was necessary to complete the Project is free and clear of liens, claims, security interests and encumbrances if favor of any contractor, subcontractor, material supplier, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the work on the Project. 4. Condition of the Property. The City makes no representation or warranty as to the suitability of the Structure or the Property's ability to support the same. CAP makes full warranty and representation to the City regarding the suitability of the Property for building the Structure. CAP shall be responsible for maintaining the Project location in a manner that is in AA compliance with the Eagan Code, any conservation easement over and/or across the Property, and state and federal law until the City accepts the donation of the Structure. 5. Improvements. CAP shall not make improvements on the Property, other than the Structure depicted in Exhibit A, without obtaining a written amendment to this License. 6. Insurance. CAP shall require its contractor(s) who perform work on the Project to purchase and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance that will protect the contractor from claims that may arise out of or result from the contractor's operations and completed operations associated with the Project, whether such operations be by the contractor or a subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The following insurance and limits of liability are specifically required: a. Worker's compensation insurance and employer's liability insurance as required by law. b. Contractor's comprehensive general and automobile liability insurance, including coverage for non -owned and hired vehicles, in limits as follows: General liability - $1,000,000 each occurrence $1,000,000 personal and advertising injury $2,000,000 products completed operations aggregate $2,000,000 annual aggregate Auto liability - $1,000,000 combined single limit — bodily injury and property damage — Owned vehicles — Hired & non -owned C. In addition to all listed coverages, Cap shall require its contractor(s) to procure and maintain an Umbrella or Excess liability policy in a minimum limit of $2,000,000. d. Minimum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the CAP and its contractor(s). The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance that may be necessary to provide adequate coverage must be provided by CAP and its contractor(s) and shall be their sole responsibility. e. CAP shall not allow its contractor(s) to commence work on the Project until it has obtained all insurance required under this License and shall have filed the certificate of insurance or the certified copy of the insurance policy with CAP and 3 the City. Neither CAP nor its contractor(s) shall allow any subcontractor to commence work on its subcontract until all insurance required for the subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without thirty (30) days written notice to CAP and the City of intent to cancel. Each insurance policy shall contain a clause naming CAP and the City as an additionally insured party under the policy. f. CAP shall require its contractor(s) to provide certificates of insurance submitted on Standard Form C.I.C.C.-701 or ACORD 25 forms and shall specifically note the clause providing for 30 days written notice to CAP and the City of intent to cancel. The certificates of insurance shall also specifically note the clause naming CAP and the City as an additionally insured party under the policy. 7. Damage to the Property, Environment and Visitors and Guests at the Property. CAP shall be liable to the City, and hold the City harmless, for any costs, damages and reasonable attorneys' fees incurred by the City as a result of damage or injury to: (a) the Property or the City's agents and/or employees; (2) visitors and/or guests of the Property and their personal property; and/or (3) a violation of an environmental law, any of which are caused intentionally or negligently by CAP or any of CAP's independent contractors, agents, employees, or delegatees. 8. Indemnification. CAP shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, which are caused in whole or in part by any act or omission of CAP or any of CAP's independent contractors, agents, employees, or delegates. 9. Warranty. CAP shall warrant the workmanship of the Project, and require its contractor to warrant the same for the benefit of the City, all work associated with the Project for one year commencing on the date the City accepts the donation contemplated under paragraph 3 of this License C! 10. Notices. The City shall provide a single point of contact, through the Community Development process, for the CAP to secure all needed building permits and inspection processes. CAP should maintain contact with City throughout the entire construction process, alerting City of any delay in the construction timeline. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or by overnight carrier to the following addresses: If to the City, to: City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn: City Clerk With a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 Attn: Michael G. Dougherty, City Attorney If to CAP, to: Caponi Art Park 1205 Diffley Road Eagan, MN 55122 Attn: Cheryl Caponi 11. Termination. The City may terminate the license upon 30 days prior written notice to the CAP. This License shall expire at 5:00 p.m. on December 31, 2016, unless earlier terminated. 12. Survival of Obligations. CAP's obligations under this License shall survive the termination of this License and the donation of the Structure to the City. 13. Successors and Assigns. This License and conditions imposed herein shall be binding upon and inure to the benefit of CAP, its successors and assigns. 14. Miscellaneous. a. Authority. City and CAP represent that each, respectively, has full right, power, and authority to execute this License. 5 b. Governing This License shall be construed in accordance with the laws of the State of Minnesota. C. Force Majeure. Notwithstanding any other provisions in this License, no default, delay or failure to perform on the part of either party shall be considered a breach of this License if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the defaulting Party, including but not limited to, causes such as riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, or nuclear disasters (a "Force Maj eure Event"). d. Third Party Beneficiaries. Nothing herein expressed or implied is intended or shall be construed to confer upon or give any person other than the Parties hereto, and their permitted successors and assigns, any rights or remedies under or by reason of this License. e. No Waiver. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by either Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. IN WITNESS WHEREOF, the undersigned have executed this License effective as of the date first written above. Caponi Art Park, a Minnesota non-profit corporation By: Its: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor G'l By: Christina M. Scipioni Its: City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) 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/she is the of Caponi Art Park, a Minnesota nonprofit corporation, named in the instrument, and that said instrument was signed on behalf of said nonprofit corporation by authority of its board of directors, and acknowledged said instrument to be the free act and deed of said nonprofit corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) On this day of , 2016, before me, a Notary Public within and for said County, personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 7 APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Parks and Recreation Department Dated: This instrument was drafted by: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 Ei3 rig' ��`�■ � _' a August 5, 2016 Andrew Pimental Director of Park and Recreation City of Eagan 3830 Pilot Knob Road Eagan, 'MN 55123 Dear Andrew: I am writing to you and the Eagan City Council on behalf of the Capon! Art Park Board of Directors to request that you accept the donation of the sun shelter we propose to build as described in the attached documents. Creating an accessible, sheltered space for educational and cultural activities on this site has been a part of the Art Park's long range plan for more than 10 years. Unpredictable weather and limited space are two challenges we face in our programming. This sun shelter not only addresses these problems but also provides opportunities for new programs, additional ways for artists to engage with the community and continued improvement to the park grounds. With funding from the Metropolitan Regional Arts Council, other foundations, and in-kind donations from local businesses we are excited to be taking this next step in the development of the park. Thank you .for your consideration. DISCOVER ART UNFRAMED 1205 Diffley Rd I Eagan, MN 55123 1 651.454.9412 1 www. capon iartpark, org Best Regards, Board of Directors C Rhea Benz Cheryl Caponi Che aponi Renee Ervasti Executive Director Kirlc Muhleribruck Tina Penn -Tracy Andrew Pimental Wayne Potratz Honorary Members Thomas Egan Robert Gavin, Jr. DISCOVER ART UNFRAMED 1205 Diffley Rd I Eagan, MN 55123 1 651.454.9412 1 www. capon iartpark, org r Sun Shelter Capon! Art Park Block 1 Lot 1 Imagery 02016 Google, Map date 02016 Google 1-Wq®101600000, Map AID 0015 CoNl9 tooa,-.- - Initial: Date: © 2016 Western Timber Frame All Rights Reserved mAR� Date: &$�) \\kT tE0 f§# \ a6/$ beta k[@) kƒ#C) \kik %&R� Date: . E o c �i N t5 e t E �O�a� boog� O O a CL m !N aC; N N 0 'O ❑ a 18' 25' 5 1/2" 18' �] --❑ ❑ Ll 18' 0.1 E o c �i N t5 e t E �O�a� boog� O O a CL m !N aC; N N 0 'O Agenda Information Memo August 16, 2015 Eagan City Council Meeting U. Approve a revised permitting process for Unmanned Aircraft Systems (UAS) for use within city parks Action To Be Considered: Approve the proposed, revision to the City of Eagan's model aircraft permitting system to be updated to include all Unmanned Aircraft Systems (UAS) for use within city parks and compliance with new revisions to rules and regulations by the Federal Aviation Administration (FAA). Facts: ➢ The City of Eagan currently allows use of model aircraft systems in the parks through a permit system that identifies central park as the only no fly zone. ➢ The FAA has recently modified their rules and regulations for recreational use of Unmanned Aircraft Systems, requiring all units to be registered through the FAA. A general five mile radius from all airports is a general restriction for all UAS use. ➢ To be consistent with other permits issued throughout the city, a fee of $20 per unit is proposed. This fee will help offset costs of permitting, as well as, help provide additional funding for the general park budget. ➢ The permit includes verbiage encouraging the following: o compliance with the FAA rules and regulations, including registration of their UAS. o Restricted use in the following parks: Rahn Park, Ohmann Park and Lexington Diffley Park. o Compliance with pertinent City Ordinances 10.23 and 10.31. ➢ Permit will include a sticker that will be placed on the remote of the individual unit to prove compliance with city permitting process. ➢ It is assumed that with this new process, city staff will help educate the community over time with both the FAA rules and regulations and the city's process. ➢ New permit process will begin as of January 1, 2017. Attachments: (3) CU -1 Resolution CU -2 Permit CU -3 Summary of similar city's and their UAS processes CITY OF EAGAN RESOLUTION TO UPDATE PERMITTING PROCESS FOR UNMANNED AIRCRAFT SYSTEMS (UAS) WITHIN THE CITY OF EAGANS PARKS SPACES WHEREAS, Eagan Parks and Recreation currently offers a permitting process for RC planes; and WHEREAS, The Federal Aviation Administration (FAA) has recently updated rules and regulations for use of unmanned aircraft systems; and WHEREAS, there is continued interest within the community, as well as, within the department of parks and recreation to allow for recreational use of UAS during normal park hours, at specifically identified parks with adequate space, and through a permitting process; and and WHEREAS, users will be made aware of required compliance with FAA rules and regulations; WHEREAS, permit fees will be established at $20 per unit, good for the life of the UAS. NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the revised permitting process to manage Unmanned Aircraft Systems within the city park spaces. Motion made by: Seconded by: Those in favor: Those against: Dated 8-16-2016 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 1St day of August, 2016. City Clerk UNMANNED AIRCRAFT SYSTEMS IN PARKS NOTICE to UAS and all Flying Object.operators:. Due.to proxlmlty.rules and regulations created by Federal PERMIT APPLICATION — $20 FEE Aviation Authority (FAA) regulations around airports, flying of all . UAS..withln the City of Eagan In public spaces must adhere to Eagan Parks & Recreation the FAA Regulations. and Is limited to the following three parks: 3830 Pilot Knob Road, Eagan, MN 55122 Lexington-Diffley, Ohmann Park and Rahn and cannot City of Eap (651) 675-5500 FAX: (651) 675-5012 negatively impact other park activities. Issue Date: �� / Andrew Pimental, Director. of Parks & Recreation *permit goes With each device, and never expires Name: Home Phone: ( ) Address, City, State, zip: Cell Phone: ( ) Email: Applicant Signature: I agree to follow all provisions, rules and regulations of the FAA as well as the City Code, including but not limited to the Section 10.23 Rules and regulations governing public parks and recreation areas and Section 10.31 noise ordinance. I agree to indemnify and hold the City harmless from and against any and all liability for any injury which may suffered by myself and/or my guests arising out of, or in any way connected with this permit. Eagan Parks & Recreation Department personnel reserve the right to cancel this permit at anytime. X Signature Date Office Use Only: X Director Signature Date uAo uiV permit sticKer muse ue present on ine remote control or the uHs Tor approvai to By in eagan parks, rrv+ registration verlTlea at time of permit application. Unmanned Aircraft Systems (UAS) and other Cities in Minnesota New Federal Aviation Administration (FAA) rules dictate some additional federal regulations for uses of UAS starting on August 29, 2016, including registration through the FAA itself. Currently the City of Eagan has a permit system that encompasses all flying objects (set up prior to the development of drones and other remote flying objects) and an ordinance that speaks to the launching and landing of these from public park and lake properties in the city and this process not impacting other park users. The city also has Ordinance 10.31 that identifies acceptable noise levels within the city. The following Cities and Counties are in the process of updating their ordinance and/or rules, regulations and permits to accommodate the recreational use of UAS: City of Apple Valley City of Bloomington City of Plymouth Dakota County The following Cities currently have a similar permitting process for UAS: City of Savage City of Maple Grove The following Cities do not have any ordinance or permit process that allows use of UAS in public parks: City of South Saint Paul The following Cities do not have anything in place and will address it when it becomes more of a problem: City of Burnsville City of Chaska City of Cottage Grove City of Hastings City of Inver Grove Heights In addition, the trend through research done via the National Recreation and Parks Association shows that more cities are coming to terms with allowing these in park spaces versus not having any control as to where they can be used, or having frustrated citizens as backyards really don't provide the needed space to properly fly these per the FAA rules and regulations. Agenda Information Memo August 16, 2016 Eagan City Council Meeting PUBLIC HEARING A. Variances —City of Eagan Action To Be Considered: Approve pylon sign setback Variances at 3386 Pilot Knob Road of: ■ 4' to Pilot Knob Road ■ 7' to Norwest Court Facts: ➢ The City's zoning ordinance requires a minimum sign setback of 10 feet from a public right-of-way. ➢ The Variances are necessary due to the acquisition of additional right-of-way in support of the expansion and upgrade of Pilot Knob Road (County State Aid Highway 31) for County Project 31-76/ City Project 1095, currently under construction. ➢ In conjunction with the project, the property owner (Intergenerational Learning Center) has agreed to relocate its pylon sign and combine the existing sign of the adjacent property owner (Wells Fargo) into one new pylon sign, to be located within private sign easement on the Intergenerational Learning Center property. The sign will conform with the dimension requirements approved for the existing sign. ➢ The Variances are prompted by public action, due to the acquisition of additional right- of-way for the project, which includes turn lane and center median construction. ➢ Staff believes that it would be appropriate for the City to acknowledge the impact of the public improvement project on private property sign setbacks and to take action so that the resulting setbacks are not considered non -conforming. Attachments (2) PHA -1 Location Maps PHA -2 Staff Report 1-494 dfENDOTAH87CJN7S 93 Location of Proposed 1 r �� r • 5 14� LONE OAK ROAD MW WAIII, 41 APPLE YALWY i oU,vr . 41 11� 3386 Pilot Knob Road Proposed Sign Variance - Project 1095 N ED orEa L:Users/Engineer/EaseVacaGraphics/P1095 PKR Sign Fig 1/August 2016 410� 3386 Pilot Knob Road Proposed Variance - Sign Location Ciq of ftl L:Users/Enginear/EaseVacaGraphlcs/P10g5 PKR Sign Fig 2/August 2016 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 9, 2016 APPLICANT: City of Eagan PROPERTY OWNER: J.B. Goodman Trust REQUEST: Variance LOCATION: 3386 Pilot Knob Road CASE: 10 -VA -09-08-16 HEARING DATE: August 16, 2016 PREPARED BY: John Gorder COMPREHENSIVE PLAN: SA, Special Area — Central Area Commons ZONING: PD, Planned Development SUMMARY OF REQUEST The City of Eagan is requesting sign setback Variances for the property located at 3386 Pilot Knob Road, See attached location map. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report — Pilot Knob Road July 12, 2016 Paae 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS The City's zoning ordinance requires pylon signs to be set back a minimum of 10 feet from the property line/public right-of-way. BACKGROUND/HISTORY Since 2014, the Capital Improvement Program (CIP) for the City of Eagan included the expansion and upgrade of Pilot Knob Road (County State Aid Highway 31) from Yankee Doodle Road (CSAR 28) to Central Parkway. The expansion/upgrade includes the addition of a southbound lane, center median improvements, and replacement of signal systems. In 2015, the Dakota County Transportation Department assumed the role of lead agency for the project to enable it to be scheduled for the 2016 construction season. As a result, the County Transportation Department proceeded with the acquisition of necessary right-of-way and easements to allow construction to be completed in 2016. EXISTING CONDITIONS The property at 3386 Pilot Knob Road has been identified as having non -conforming pylon sign setbacks as a result of the expansion and upgrade of Pilot Knob Road. The property for which the Variances are sought is currently developed. The proposed Variances are based on the existing developed conditions of the properties and the additional right-of-way or easement acquired for the expansion and upgrade of Pilot Knob Road, which is under construction this summer. EVALUATION OF REQUEST Through no action of their own, the property at 3386 Pilot Knob Road will have pylon sign setbacks less than 10 feet required from both Pilot Knob Road (C SAH 31) and Norwest Court as a result of the Pilot Knob Road upgrade. APPLICANT'S ESTIMATE OF HARDSHIP The Variances are prompted by a public action, the acquisition of additional right-of-way or easement along Pilot Knob Road. Without the Variances, these properties would have non- conforming setbacks as a result of the Pilot Knob Road expansion and upgrade. Planning Report — Pilot Knob Road July 12, 2016 Page 3 SUMMARY/CONCLUSION The City of Eagan is requesting sign setback Variances for 3386 Pilot Knob Road. These Variances are necessary to accommodate reduced setbacks along Pilot Knob Road and Norwest Court resulting from the public's acquisition of additional right-of-way or easement to expand and upgrade of Pilot Knob Road. Staff believes that it would be appropriate for the City to acknowledge the impact of these public improvement projects on property setbacks along Pilot Knob Road Norwest Court and to take action so that the resulting setbacks are not considered non -conforming. ACTION TO BE CONSIDERED To approve the following Variances to pylon sign setbacks at 3386 Pilot Knob Road: ■ 4' to Pilot Knob Road ■ 7' to Norwest Court 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. I_Td4► R CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER August 16, 2016 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS PUBLIC HEARING to consider sale and Real Estate Purchase Agreement for Lot 1, Block 1, Cedar Grove Parkway 4th Addition F. OTHER BUSINESS G. ADJOURN Agenda Information Memo August 16, 2016 Eagan Economic Development Authority Meeting NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. -1 I[ol_i4aICOX0 0114:7 ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENTAGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVE MINUTES EDAC1-1 Minutes of the August 1, 2016 EDA meeting. D. OLD BUSINESS There are no Old Business items at this time. E. NEW BUSINESS PUBLIC HEARING to consider sale and Real Estate Purchase Agreement for Lot 1, Block 1, Cedar Grove Parkway 4th Addition. ACTION TO BE CONSIDERED: To close the public hearing and adopt Findings of Fact and Resolution approving a Real Estate Purchase Agreement between the Eagan EDA and JR Hospitality II, LLC for Lot 1, Block 1, Cedar Grove Parkway 4th Addition in the Cedar Grove Redevelopment District pursuant to the Real Estate Purchase Agreement presented. ➢ On May 17, 2016, The Morrissey Hospitality Group (MHG) informed City Staff the company is not able to proceed with the Home 2 Suites hotel project within the Cedar Grove Redevelopment Area and requested the EDA begin the repurchase process of the subject property. The City Attorney and MHG arranged the repurchase, and the property was reacquired by the EDA on July 20, 2016. ➢ On July 20, 2016, the Finance Committee recommended preparation of a purchase agreement for a new buyer (JR Hospitality II, LLC), under similar terms for consideration at a future meeting. The City Attorney and representatives of JR Hospitality have completed the purchase agreement for consideration and it is being made available at this time. ➢ The purchase agreement sets a closing date of October 31, 2016 and requires the buyer to obtain a franchise license to construct a Hilton Home 2 Suites hotel under the conditions approved in the Final Planned Development for the subject site dated April 21, 2015. ➢ In order to formally consider the sale of publicly owned property for private use, the EDA must hold a public hearing in its regard. At its meeting on August 1, 2016, the EDA scheduled a public hearing for consideration of the agreement on August 16, 2016. The public hearing has been noticed and the matter is in order for consideration at this time. EDAN13I-1 Location Map EDANBI-2 Purchase Agreement between the EDA and JR Hospitality II, LLC EDANBI-3 Findings of Fact and Resolution F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 1, 2016 A meeting of the Eagan Economic Development Authority was held on Monday, August 1, 2016 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Osberg, and City Attorney Dougherty. Community Development Director Hutmacher was absent. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Hansen moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Fields moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of July 19, 2016. 2. It was recommended to schedule a Public Hearing for August 16, 2016 to consider sale and Purchase Agreement with JR Hospitality for Lot 1, Block 1, Cedar Grove Parkway 4t" Addition. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director SALE AND PURCHASE AGREEMENT THIS SALE AND PURCHASE AGREEMENT (the "Agreement"), is made as of 2016 (the "Effective Date" of this Agreement) between the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the "Seller") and JR Hospitality II, LLC, a Minnesota limited liability company, and its assigns (the "Buyer"). In consideration of the mutual covenants and agreements hereinafter contained, the parties agree as follows: 1.) SALE AND PURCHASE OF REAL PROPERTY. Seller shall sell to Buyer, and Buyer shall purchase from Seller the following property (the "Real Property"): a parcel of undeveloped land located in the City of Eagan (the "City"), Dakota County, Minnesota, legally described as Lot 1, Block 1, Cedar Grove Parkway 4t' Addition. 2.) PURCHASE PRICE AND MANNER OF PAYMENT. The purchase price ("Purchase Price") to be paid by Buyer to Seller is as follows: (a) Real Property. The Purchase Price for the Real Property shall be Four Hundred Ninety-one Thousand Seven Hundred Six and No/100 Dollars ($491,706.00). (b) Ramp Contribution. Buyer shall provide a cash payment of Four Hundred Eighty-nine Thousand Two Hundred Ninety-seven and No/100 Dollars ($489,297.00) as and for its contribution for a non-exclusive easement to use 129 stalls in the adjacent two-level parking garage in accordance with the Parking Ramp Easement and Operating Agreement, the form of which is attached hereto as Exhibit A. 3.) EARNEST MONEY. Twenty-five Thousand and No/100 Dollars ($25,000.00) as earnest money to be deposited with First American Title Company (hereinafter "Title Company") no later than three (3) business days after the Effective Date (the "Earnest Money"), to be held in escrow by the Title Company in accordance with the terms of Title Company's standard escrow agreement. The balance of the Purchase Price, plus or minus any prorations and other adjustments required hereunder, shall be paid in. cash, wire transfer, or guaranteed funds on the Closing Date. 4.) CONDITIONS TO BUYER'S OBLIGATIONS. The obligations of Buyer under this Agreement are conditioned upon satisfaction or waiver by Buyer of each of the following by the respective dates indicated: Access. Seller shall allow Buyer and Buyer's agent's access to the Real Property without charge and at all reasonable times for the purpose of investigation and testing. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify, defend and hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities; provided that Buyer shall not be responsible for existing conditions on the Real Property nor the cost of investigations or studies completed by Seller before the Effective Date. Buyer shall further repair any material damage to the Real Property caused by or occurring as a result of Buyer's testing. (a) Cooperation. Seller shall, without charge to Buyer, cooperate in Buyer's attempts to obtain all governmental approvals and permits necessary in Buyer's judgment in order to allow the lawful use of the Real Property for Buyer's intended purposes. Nothing in this Agreement shall be deemed a waiver of the Eagan City Council's right to exercise its legislative discretion to approve or reject any development proposal presented to the City by Buyer. (b) Documents. Within ten (10) days after the date of this Agreement, Seller shall deliver to Buyer true and correct copies of all of the Documents (as hereinafter defined) for Buyer's examination and analysis. (d) Document Review. Buyer shall have determined in its sole discretion, that it is satisfied with its examination and analysis of all contracts, agreements, plans, warranties and all other documents in connection with the Real Property (together with any amendments thereto), including, without limitation, the following (all of which are collectively referred to herein as the "Documents"): (i) Tests. To the extent available, results of soil tests, percolation tests, structural engineering tests, masonry tests, water, oil, gas, mineral, asbestos, radon, formaldehyde, PCB or other environmental tests, inspection reports, surveys, market studies and core samples, if any, which relate to the Real Property or the business carried upon therein and which are either in Seller's possession or control. (ii) Phase I ESA. Copies of any environmental reports; including any Phase I Environmental Site Assessments and/or Phase 1I Environmental Site Assessments, concerning all or part of the Real Property that are in Seller's possession or control. (iii) Surveys and Maps. To the extent available, surveys, plats or other depictions relating to the Real Property and copies of all wetland analyses, planning studies, aerial photographs, topographical maps or studies, engineering studies and plans and mylars. (iv) Title Insurance Policies. All title insurance policies with exception documents related to the Real Property. (v) Contracts. All agreements, contracts, agreements or other instruments affecting all or any portion of the Real Property, if any, (collectively the "Contracts"), including, without limitation, all warranties and guaranties given to, assigned to, or benefiting Seller or the Real Property. (c) Governmental Approvals. Buyer shall have obtained, at its sole cost and expense, all governmental permits, approvals and licenses as Buyer deems necessary in its sole discretion for its intended development, construction and use of the Real Property. (d) Compliance with Laws. On or before the Inspection Deadline, Buyer shall have reasonably determined that the Real Property and Buyer's intended use there of fully complies with all existing local, state, and federal regulations concerning the maintenance and operation of the Real Property, including zoning, building, health and safety, fire safety and environmental codes and laws and such use is and will be a legal conforming use. 01 (e) Title. Title shall have been found acceptable by Buyer in its sole discretion, or been made acceptable, in accordance with the requirements and terms of Section 6 below. (f) Financing. Buyer shall have obtained financing in the form of equity and construction financing for the purchase of the Real Property on terms satisfactory to Buyer in Buyer's sole discretion. (g) Hotel Franchise. Buyer shall successfully procure approval of a hotel franchise agreement for the Real Property to operate a Hilton Home 2 hotel on terms satisfactory to Buyer in Buyer's sole discretion. (i) Environmental Remediation. Seller shall have completed all environmental remediation on the Real Property that can reasonably be completed prior to any construction activity, provided that in any event Seller shall have obtained from the Minnesota Pollution Control Agency a "no association" letter expressly to or for the reliance of Buyer and sufficient in Buyer's sole discretion for Buyer to be an "innocent purchase" and to be protected from being a "responsible party" under applicable federal, state and local environmental laws. If there are any delays in completing environmental remediation as specified by this Agreement through no fault of Buyer, Buyer and Seller shall work in good faith to extend the timelines established in this Agreement; provided that such extensions shall not hinder nor delay Buyer's efforts to finance or lease the Project to prospective tenants. 0) Storm Water. The Real Property is presently served by an existing, permitted offsite storm water system along Minnesota State Highway 13 and Silver Bell Road, and such system complies with all applicable laws. Buyer shall have received confirmation from the City that such off-site storm water systems are adequate to serve the Real Property, has an efficient and properly placed access point on the Real Property and Buyer's proposed development thereon, that it can utilize, without cost, other than typical annual maintenance costs, such system for the transport, storage and treatment of all storm water from the Proposed Project. (k) Representations and Warranties. The representations and warranties of Seller contained in this Agreement will be true now and on the Closing Date as if made on the Closing Date. (1) Utility Location. Buyer shall have confirmed that the location of the utilities coming into the Real Property is acceptable. (m) Government Fees. Buyer shall have confirmed the amount of all governmental fees in connection with the development of the Real Property is acceptable. If any condition set forth in this Section 4 has not been satisfied or waived by Buyer on or before October 28, 2016 (the "Inspection Deadline"), then Buyer may, at Buyer's option, terminate this Agreement. Upon receipt of such notice from Buyer, Title Company shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for the covenants set forth in the last paragraph of this Section 4 regarding liens arising out of Buyer's activities on the Real Property (the "Surviving Covenant"). If Buyer has not terminated this Agreement on or before the Inspection Deadline, then Buyer shall be deemed to have waived the contingencies set forth herein. Notwithstanding anything to the contrary in this Agreement, in the event that this Agreement is terminated by Buyer for any reason under this Agreement other than as a remedy for a Seller default pursuant to Section 26 below, the Title Company shall not release the Earnest Money to Buyer until Buyer delivers a written request therefor. If this Agreement is so terminated, Buyer shall not allow liens to be filed against the Real Property as a result of Buyer's activities on the Real Property and, if any liens are filed, Buyer shall promptly cause them to be released. 5.) CONDITIONS TO SELLER'S OBLIGATIONS. The obligations of Seller under this Agreement are conditioned upon Buyer obtaining, at Buyer's sole cost and expense, all regulatory approvals, provided that if Buyer is satisfied in its sole discretion with such approvals, Seller shall not have a right to terminate this Agreement pursuant to this Section 5. 6.) TITLE MATTERS. Title examination shall be conducted as follows: (a) Title Evidence. Within ten (10) business days after receipt of the Documents, the parties shall obtain the following title evidence (collectively, the "Title Evidence"): (i) Title Insurance Commitment. Buyer shall order a commitment ("Title Commitment") from Title Company for an ALTA Form B 2006 Owner's Policy of Title Insurance committing to insure a marketable title to the Real Property in Buyer; Buyer shall request that the Title Company delete so-called "standard exceptions" related to survey matters, parties in possession, and liens for labor, materials and services; including affirmative insurance regarding appurtenant easements, separate real estate tax parcel, in the amount of the Purchase Price, and issued by the Title Company. The cost of the Title Commitment shall be paid by the Seller. The Title Commitment shall include complete and accurate copies of all matters described in Schedule B thereof; and (ii) Survey. Seller shall provide, at Seller's cost, a current survey of the Real Property, certified to Seller, Buyer, Title Company and Buyer's lender, prepared in accordance with ALTA/ACSM standards and such other requirements as requested by Buyer or Buyer's lender (the "Survey"). Seller shall deliver a copy of the survey to Buyer, and Buyer shall have five (5) days following receipt thereof, to either approve or disapprove of the composition of the Real Property as depicted therein. If the Buyer disapproves of the survey, the parties shall confer as to reconciling the issues with the survey. The cost of the Survey shall be paid by the Seller. (b) Buyer's Objections. Within ten (10) days after receiving the last item of the Title Evidence (but no later than September 30, 2016), Buyer shall notify Seller of any objections ("Objections") to matters disclosed in the Title Evidence. Buyer shall be deemed to have automatically made Objections to any mortgage, judgment, tax lien, mechanic's lien and any other monetary lien against the Real Property (collectively "Monetary Liens"). With respect to any update to the Title Commitment and/or the Survey, Buyer shall have 10 days after Buyer's receipt of the applicable updated Title Commitment and/or Survey to notify Seller of any Objections; provided that Buyer shall not have the right to object to any matters that were shown on a previous Title Commitment and/or Survey and not timely objected to by Buyer. Seller shall use reasonable efforts to correct any Objections which shall include, if applicable, payment of the Monetary Liens out of proceeds from Closing on the Closing Date if they are not satisfied prior thereto. At Closing, Buyer shall have the right to require endorsement(s) to the Title Policy. If the Objections are not cured prior to the Closing Date, Buyer will have the option to do any of the following by notice provided to Seller: 0 (i) Terminate. Terminate this Agreement pursuant to Section 4 herein, on or before the Closing Date. Upon receipt of such notice from Buyer, Title Company shall promptly return the Earnest Money to Buyer. Upon such return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for the Surviving Covenants; or (ii) Waive. Waive the Objections and close the transaction contemplated by this Agreement as if such Objections had not been made. (c) Title Policv. If the Closing occurs, Title Company shall issue an owner's title insurance policy ("Title Policy") pursuant to the Title Commitment, or a suitable markup of the Title Commitment initiated by the Title Company undertaking to issue such a Title Policy within a reasonable time in the form required by the Title Commitment as approved by Buyer. 7.) CLOSING PROCEDURES. (a) Closing Date. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on October 31, 2016 (the "Closing Date"). The Closing shall take place at 10:00 a.m. local time at the office of Title Company, or such other location as determined by the Seller. (b) Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, the "Seller's Closing Documents"): (i) Deed. A Limited Warranty Deed (the "Deed"), in recordable form, conveying marketable title to the Real Property to Buyer, free and clear of all encumbrances, other than those encumbrances not objected to or waived pursuant to Section 6. The deed must incorporate a covenant running with the land as required by MINN. STAT. § 469.105; (ii) Title Policy. The Title Policy, or a suitably marked -up Title Commitment, as provided for in Section 6, herein; (iii) Seller's Affidavit. An Affidavit by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor, or material furnished to the Real Property for which payment has not been made or for which mechanics' liens could be filed; and there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit as may be required by the Title Company to issue the Title Policy; (iv) FIRPTA Affidavit. A nonforeign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2) and its regulations; (v) Original Documents. Seller shall deliver to Buyer all original Documents (or suitable copies thereof) that may be necessary for Buyer to develop and operate the Real Property. Where necessary to comply with statutory record retention requirements, Seller may retain originals of records and provide copies to Buyer; and (vi) Parking Ramp Easement and Operating Agreement. A Parking Ramp Easement and Operating Agreement substantially in the form as set forth on Exhibit A attached hereto; (vii) Repurchase Agreement. A repurchase agreement substantially in the form as set forth on Exhibit B; and (viii) Other Documents. All other documents reasonably determined by Buyer or the Title Company to be necessary to transfer the Real Property to Buyer. (c) Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, "Buyer's Closing Documents"): (i) Purchase Price. The balance of the Purchase Price to be paid as required by Section 2; (ii) Parking Ramp Easement and Operating Agreement. A Parking Ramp Easement and Operating Agreement substantially in the form as set forth on Exhibit A attached hereto; (iii) Repurchase Agreement. A repurchase agreement substantially in the form as set forth on Exhibit B; and (iv) Title Documents. Such affidavits of Buyer or other documents as may be reasonably required by the Title Company in order to record Seller's Closing Documents and issue the Title Policy. 8.) PRORATIONS. Seller and Buyer shall make the following prorations and allocations at the Closing: (a) Title Insurance and Closing Fee. Seller shall pay the cost of the Commitment and the Survey and Buyer shall pay the premium for the Title Policy and any endorsements obtained. Seller and Buyer will each pay one-half of any reasonable and customary closing fee or charge imposed by the Title Company or its designated closing agent. (b) Deed Tax. Seller shall pay all state deed tax due on the Deed to be delivered by Seller under this Agreement. (c) Real Estate Taxes and Special Assessments. Seller shall pay or cause to be paid all general real estate taxes, if any, payable for the Real Property in the years prior to the year in which the Closing occurs, and any deferred or Green Acres real estate taxes. Seller and Buyer shall prorate the general real estate taxes, if any, payable for the Real Property in the year of closing as of the Closing Date based upon the calendar year. Seller shall pay, on or before the Closing Date, all special assessments levied, "pending," deferred or constituting a lien against the Real Property as of the Closing Date, including, without limitation, all installments of special assessments, including interest, payable in the year of Closing. Nothing in this subparagraph shall be deemed a waiver of the City's ability to lawfully impose future special assessments on the Real Property as well as any assessments that may be agreed to by Buyer as part of the development of the Real Property. Buyer shall be responsible for any Metropolitan or City sewer and water charges associated specifically with the development of the Real Property, but Buyer shall not be responsible for any sanitary area charges, water area charges or storm sewer area charges. (d) Recording. Seller will pay the cost of recording all documents necessary to place record title in Seller in the condition warranted by Seller in this Agreement. Buyer will pay the cost of recording all other documents. (e) Attorneys' Fees. Seller and Buyer shall each pay its own attorneys' fees in connection with the preparation and negotiation of this Agreement and the Closing, except that a party defaulting under this Agreement or any of its respective Closing Documents shall pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. (f) Event of Repurchase. In the event that Seller needs to exercise its right to repurchase the Property as allowed under the Repurchase Agreement, all prorations and closing costs shall be allocated in accordance with the provisions of this Section 8. This provision shall survive the Closing and the delivery of the deed. 9.) OPERATION PRIOR TO CLOSING. During the period from the Effective Date through the Closing Date (the "Executory Period"), Seller shall not execute any contracts, easements, leases, or other agreements or allow any new encumbrances to exist regarding the Real Property, nor perform any act that would impair or encumber the title to the Real Property or affect the condition of the Real Property_ 10.) REPRESENTATIONS AND WARRANTIES BY SELLER. Seller represents and warrants to Buyer as follows, which representations and warranties shall be true and correct as of the Closing: (a) Organization; Authority. Seller has the requisite power and authority to execute and perform this Agreement and any Seller's Closing Documents to be signed by it; such documents have been (or will be prior to Closing) duly authorized by all necessary action on the part of Seller and at the Closing shall have been duly executed and delivered; such execution, delivery, and performance by Seller of such documents does not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party, or any agreement by which Seller is bound; and such documents are and shall be valid and binding obligations of Seller, enforceable in accordance with their terms. (b) Title to Real Property,. Seller owns the Real Property and has good marketable title, free and clear of all encumbrances, except those encumbrances listed in the Title Commitment. (c) Mechanic's Liens. All labor and materials which have been provided to the Real Property have been fully paid for or will be fully paid for, prior to the Closing Date. (d) Utilities. Gas, sanitary, and storm sewer and water lines are available to the Real Property. Seller has received no notice of actual or threatened reduction or curtailment of any utility service now supplied to the Real Property. (e) Rights of Others to Purchase Real Property. Seller has not entered into any other contracts, agreements or understandings, whether oral or written, for the sale of all or any portion of the Real Property, and there are no existing rights of first refusal or options to purchase all or any portion of the Real Property, or any other rights of others that might prevent the consummation of this Agreement. - 7 (f) Compliance with Laws. The Real Property and the current use thereof fully complies with all existing local, state, and federal regulations concerning the maintenance and operation of the Real Property, including zoning, building, health and safety, fire safety, and environmental codes and laws and such use is a legal conforming use. No notice of violations of the same have been received. To the best of Seller's knowledge, no other permits or licenses are required in order to use the Real Property as intended by Buyer, other than those required by the City acting in its legislative capacity. (g) Litigation and Other Matters. Seller has received no notice, and has no knowledge of any pending or threatened notice, of a violation of any statutes, ordinances, regulations, judicial decrees, or orders, or the pendency or threat of any lawsuits, administrative or arbitration hearings, governmental investigations, proceedings, applications, petitioners, or other matters affecting the Real Property or the use thereof. (h) Private Restrictions. There are no contracts, leases, private restrictions, or agreements with any public authority that will not appear in the Title Commitment and that will affect the present or future uses that may be made of the Real Property, including but not limited to size or cost of buildings or structures; limitation on use or restrictions in regard to fences, roofs, garages, and heights of buildings or structures, except for building and zoning codes; agreements to subject architectural plans to an association or other group; provisions requiring improvements; provisions requiring the joining of others in group actions; or restrictions imposed on the Real Property due to its historical significance. - (i) Condemnation. Seller has not received any notice of any pending condemnation, eminent domain or other similar action, suit or proceeding that would affect the Real Property. To the best of Seller's knowledge, after due inquiry, there are no such proceedings pending or threatened against the Real Property and there are no applications, ordinances, petitions, resolutions, or other matters pending before any governmental agency in regard to access routes, curb cuts, median strips, or other contemplated actions of public agencies that might tend to diminish or curtail the full flow of traffic proximate to the Real Property and access thereto. Seller has not received a notice of any pending or threatened condemnation, eminent domain or other similar action, suit or proceeding that would affect the Real Property. 0) Storage Tanks. There are no above -ground or underground tanks that are located in or about the Real Property. All tanks that have been removed have been removed and closed in compliance with all federal, state and local laws. (k) Wells and Septic. Seller knows of no wells on the Real Property. At the time of Closing, Seller will deliver any required well certificate pursuant to applicable laws. There is no "individual sewage treatment system" within the meaning of Minn. Stat. Section 115.55 on or serving the Real Property. Sewage generated at the Real Property goes to a facility permitted by the Minnesota Pollution Control Agency. (1) Assessments. Seller has not received any notice of any actual or proposed special assessments or reassessments of the Real Property. (m) Hazardous Substances. Except as set forth in the Phase I Survey dated August 2004 prepared by Braun Intertec, Phase I Survey updated September 2012 by Braun Intertec and Phase II Survey dated April 2006 prepared by Braun Intertec, there are no Hazardous Substances stored, deposited or located within the property or under the surface of the property. For purposes of this warranty and representation, the term "Hazardous Substances" means asbestos and asbestos - 8 containing materials, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products, or other dangerous, toxic, or hazardous pollutant, contaminant, chemical, material or substance defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Environmental Laws. For purposes of this Agreement, the term "Environmental Laws" shall mean the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601-9657, as amended, and any other federal, state and local laws, rules and regulations dealing with Hazardous Substances, the environment or public health. (n) FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate," as those terms are defined in Section 1445 of the Internal Revenue Code. (o) Airport Zoning Ordinance. For the purposes of satisfying any applicable requirements of Minn. Stat. § 360.065, a copy of any airport zoning regulations affecting the Real Property can be reviewed or obtained at the Office of the Dakota County Recorder. Except for the warranties, covenants and representations explicitly set forth in this Agreement, Seller and Buyer agree that Buyer will accept possession of the Real Property in its AS -IS condition, WITH ALL FAULTS, and the sale of the Real Property to Buyer shall be without any other representation, covenant or warranty of any kind, express or implied, and Buyer, for Buyer, Buyer's agents, attorneys, representatives, heirs and assigns does hereby disclaim and renounce any other representation or warranty. Seller will indemnify Buyer and its successors and assigns against, and will hold Buyer and its successors and assigns harmless from, any expenses or damages, including reasonable attorneys' fees that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing, for two (2) years after the Closing Date. Notwithstanding anything to the contrary contained in the foregoing, 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 Minn. Stat. Chapter 466. 11.) RIGHT OF FIRST REFUSAL. For a period of two years following the Closing, Buyer shall have the right of first refusal to purchase Lot 2, Block 1, Cedar Grove Parkway 4 t Addition (the "Restricted Property") for the purpose of developing a second hotel. This exclusivity shall survive the Closing. In the event Seller obtains an offer to purchase the Restricted Property to develop a hotel which the staff at the City of Eagan will recommend that the Seller accept (the "Offer"), Seller shall provide Buyer with written notice and a copy of such offer. Buyer shall have thirty (30) days to determine whether it will match the business terms of the Offer and give Seller notice thereof. If Buyer so chooses, Buyer and Seller shall enter into a purchase agreement similar to this Agreement including provisions for a one hundred fifty (150) day Inspection Period, a title review process but with the price and other business terms of the Offer. If Buyer declines to match the Offer, Seller may proceed with the sale to the thirty party, provided that if no such sale occurs within one hundred eighty (180) days thereafter, this right of first refusal will again be applicable to the property subject to the Offer. 12.) REPRESENTATIONS, WARRANTIES AND INDEMNITY BY BUYER. Buyer represents and warrants to Seller that Buyer has the power and authority to execute this Agreement and any Buyer's Closing Documents signed by it; that all such documents have been authorized by all necessary action on the part of Buyer and at the Closing shall have been duly executed and delivered; that the execution, delivery, and performance by Buyer of such documents does not conflict with or violate any judgment, order or decree of any court or arbiter or any agreement by which Buyer is bound; and that all such documents are valid and binding obligations of Buyer and are enforceable in accordance with their terms. 0 Buyer will indemnify Seller and its successors and assigns against, and will hold Seller and its successors and assigns harmless from, any expenses or damages, including reasonable attorneys' fees that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing, for two (2) years after the Closing Date. 13.) CONDEMNATION. If, prior to the Closing Date, any governmental entity commences any eminent domain proceedings ("Proceedings") against all or any part of the Real Property, Seller shall give notice to Buyer of such fact, and, at Buyer's option (to be exercised by notice to Seller within thirty (30) days after Seller's notice), this Agreement shall terminate, in which event Title Company shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for the Surviving Covenant. If Buyer does not give such notice, then there shall be no reduction in the Purchase Price, provided, however, that Seller shall assign to Buyer at the Closing Date all of Seller's right, title, and interest in and to any award made or to be made in the Proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the Proceedings without Buyer's prior written consent. 14.) ASSIGNMENT. Buyer reserves the right, at Buyer's sole discretion, to assign all or part of its interest in and to this Agreement to an affiliate of Buyer. Notwithstanding the foregoing, neither Seller nor Buyer may assign its rights under this Agreement for any other purpose, without the prior written consent of the other party. 15.) SURVIVAL. All of the covenants, representations and warranties made in this Agreement which either by their terms expressly survive Closing, or are contained in any schedule, exhibit, certificate, or document delivered at Closing, will survive and be enforceable after the Closing. 16.) NOTICES. Any notice required or permitted to be given under any provision of this Agreement shall be in writing and shall be deemed to have been given in accordance with this Agreement, if it is mailed, by United States certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 with a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 Attn: Robert B. Bauer If to Buyer: JR Hospitality Il, LLC 1416 Horseshoe Circle Eagan, MN 55122 with a copy to: Tammy J. Schemmel, Esq. Barna, Guzy and Steffen, Ltd. 200 Coon Rapids Blvd. NW, #400 Coon Rapids, MN 55433 10 and to: Jamie L. Cox, Esq. Vice Cox & Townsend PLLC 2307 River Rd., Suite 203 Louisville, KY 40206 Notice shall be effective, and the time for response to any notice by the other party shall commence to run, one (1) business day after any such mailing or deposit. Either Seller or Buyer may change its address for the service of notice by giving notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change. Notwithstanding the foregoing, any party may give any other party written notice hereunder by any means other than by United States registered or certified mail or overnight courier, which is reasonably calculated to reach the other party, including but not limited to hand delivery, email transmission or facsimile transmission, provided that any such notice shall be deemed to have been given and shall be effective only when actually received by the addressee, proof of which shall be furnished by the party sending such notice 17.) CAPTIONS: EXHIBITS. The section and paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. All schedules, exhibits, addenda or attachments referred to herein are hereby incorporated in and constitute a part of this Agreement. 18.) ENTIRE AGREEMENT, MODIFICATION. This written Agreement constitutes the complete agreement between Seller and Buyer and supersedes any prior oral or written agreements between them regarding the Real Property. There are no oral agreements that change this Agreement, and no amendment of any of its terms will be effective unless in writing and executed by both Seller and Buyer. 19.) BINDING EFFECT. This Agreement binds and benefits Seller and Buyer and their respective successors and assigns. 20.) CONTROLLING LAW. This Agreement has been made under, and will be interpreted and controlled by, the laws of the State of Minnesota. 21.) WAIVER. No waiver of the provisions of this Agreement shall be effective unless in writing, executed by the party to be charged with such waiver. No waiver shall be deemed a continuing waiver or waiver in respect of any subsequent breach or default, either of similar or different nature, unless expressly stated in writing. 22.) COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. 23.) FACSIMILE SIGNATURES. This Agreement may be executed with signatures transmitted by facsimile or email and shall constitute a binding agreement with such signatures. Nonetheless, any party providing facsimile or emailed signatures shall provide the other party with the original signatures within five (5) business days after providing the facsimile signature page(s). 24.) SEVERABILITY. If any provision of this Agreement is invalid or unenforceable, such provision shall be deemed to be modified to be within the limits of enforceability or validity, if feasible; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. 11 25.) LIMITATION OF LIABILITY. Upon Closing, Buyer shall neither assume nor undertake to pay, satisfy or discharge any liabilities, obligations or commitments of any Seller other than those specifically agreed to between the parties and set forth in this Agreement. 26.) REMEDIES. Time is of the essence of this Agreement. If Seller fails to perform any of its obligations under this Agreement, Buyer may (i) terminate this Agreement and obtain a full refund of all the Deposits; and/or (ii) seek and recover from Seller specific performance of this Agreement. If any actions is brought to specifically enforce this Agreement, Seller shall waive the defense that there is an adequate remedy at law. If Buyer defaults in performance of its obligations under this Agreement, Seller shall have the right to terminate this Agreement in the manner provided by Minn. Stat. Sec. 559.21 and to obtain the Earnest Money (to the extent paid by Buyer) as liquidated damages. Such termination of this Agreement and receipt of the Deposits will be the only remedies available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. 27.) REAL ESTATE BROKERS. Seller represents to Buyer that it has entered into a Preliminary Development Agreement with Pratt Development, Inc. ("Seller's Broker") in connection with the transactions contemplated by this Agreement. Buyer represents to Seller that it has not engaged a broker in connection with the transactions contemplated by this Agreement. All brokers' fees, finder's fees, commissions or other similar fees to be paid to Seller's broker, Buyer's broker and/or any employees or agents thereof in connection with the transactions contemplated by this Agreement shall be paid by Seller at Closing from Seller's proceeds therefrom. The provisions of this Section 27 shall survive the Closing. Seller and Buyer have executed this Agreement as of the date set forth above. JR Hospitality II, LLC, a Minnesota limited liability company By: Its: SELLER: Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota By: . Mike Maguire Its: President By: David M. Osberg Its: Executive Director 12 EXHIBIT "A" Parking Ramp Easement and Operating Agreement EXHIBIT `B" Repurchase Agreement BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Sale of Property to J.R. Hospitality II, LLC FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION This matter came before the Eagan Economic Development Authority (the "EDA") at its meeting of August 16, 2016. The EDA received and considered public comment; input from City staff; the prior opinion of value from the EDA's Appraiser, Paul J. Gleason; as well as the Sale and Purchase Agreement proposed by JR Hospitality II, LLC. (hereinafter "Developer"). Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area (the "Redevelopment District"), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning modifications to create a Special Area, the adoption of Cedar Grove District building standards, and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA approved the establishment of the Redevelopment District and the City Council approved the creation and establishment of a Tax Increment Financing District referred to as Tax Increment Financing District No. I (the "TIF District") in connection with the Cedar Grove Redevelopment Area, all pursuant to the authority granted by Minnesota Statutes, Sections 469,090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"), 3. Pursuant to the Acts on or about October 2, 2001, the EDA approved the adoption of and the City Council approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") to finance a portion of the public redevelopment costs of the Redevelopment District, The TIF Plan was certified on July 22, 2003. 4. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has previously determined to provide substantial aid and assistance through the financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 5. A development plan was presented by the former developer of the Property to acquire Lot 1, Block 1, Cedar Grove Parkway 4th Addition for the construction of a hotel (hereinafter the "Proposed Development"). The Developer is desirous to complete the Proposed Development. 7. The Proposed Development is consistent with the Redevelopment Plan. 8. Under the proposed purchase agreement, Developer will acquire the Property for $491,706.00 and will also make a contribution of $489,297.00 for a nonexclusive easement to use 129 parking stalls in the adjacent parking garage (the "Purchase Terms") 9. The sale of the Property to accomplish the Proposed Development will cause an increase in the tax capacity of the Redevelopment District resulting in significant tax increment to reimburse the EDA for prior expenditures within the Redevelopment District. 10. The Proposed Development will also create additional job opportunities within the Redevelopment District which is also consistent with the Redevelopment Plan. 11. To confirm that the Purchase Terms represent a fair market value transaction, the EDA previously retained the services of appraiser Paul J. Gleason. Mr. Gleason has provided a 2 Restricted Use Appraisal Report to the City Attorney and has offered an opinion that the Purchase Terms reflect a fair market value transaction between the EDA and Developer. CONCLUSIONS 1. The Purchase and Sale Agreement proposed by Developer to construct a hotel and to make a capital contribution for the adjacent parking garage are consistent with the EDA's objectives to redevelop the Redevelopment District in accordance with the Redevelopment Plan. RESOLUTION The EDA does hereby approve the sale of the Property within the Redevelopment District to JR Hospitality II, LLC for the construction of a hotel. Dated at Eagan, Minnesota this 16th day of August, 2016. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Mike Maguire President By: David M. Osberg Executive Director 91