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08/03/2009 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING AUGUST 3, 2009 6:30 P.M. 1. 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 f. B. PERSONNEL ITEMS P C. APPROVE Check Registers 1. 4/ D. PROCLAIM August 4t as National Night Out P rA E. APPROVE Tobacco License for Richard Sood, Fast Trip Market, 3391 Coachman Road 13 F. APPROVE Body Art Establishment License for Joseph Christensen at 1960 Cliff Lake Road 11 G. AUTHORIZE staff to enter into an agreement with the Harris Companies to conduct an energy audit of the Civic Arena as it pertains to geothermal heating, and to prepare a Federal Recovery Act Geothermal Technologies Program-ground source heat pumps application on behalf of the City. 1P,J57_ H. APPROVE a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee +°aD I. APPROVE sound amplification permit for Faithful Shepherd's 6th Annual school fundraising event f 7 J. ADOPT a resolution to temporarily extend the licensed premises of Cedarvale Bowl, Inc., dba Cedarvale Lanes/Fitz's Bar & Grill located at 3883 Cedar Grove Parkway 31 K. APPROVE sound amplification permit for Cedarvale Lanes 30th Anniversary outdoor event. 37 L. DECLARE bicycles and unclaimed property to be surplus p !5g M. ADOPT resolution authorizing the issuance of $525,000 General Obligation Equipment Certificates of Indebtedness on August 18 eited property 2 (p3 N APPROVE an application for transfer of federally forf ,g O. APPROVE final plat for Eagan Substation on Diffley Road (North of Daniel Drive) and Environmental Assessment addressing improvements to the electrical transmission system -73 P. AUTHORIZE Preparation of Plans & Specifications for Contract 09-07 (Phase II Implementation of 2007 Stormwater Management Plan) x-75 Q. RECEIVE draft feasibility report and schedule public hearing (September 1, 2009) for Project 1005 (Daniel Drive - Sidewalk/Traffic Calming Improvements) e78 R. APPROVE final payment and authorize City maintenance of Contract 09-17 (2009 City-Wide Street Sealcoat) f 71 S. APPROVE plans and specifications and authorize advertisement of bids for Contract 09-06 (Wandering Walk Park - Wetland Banking) 8a T. RECEIVE draft Feasibility Report and schedule public hearing (September 1, 2009) for Project 1016 (Ames Crossing Road - Street & Utility Improvements) U. APPROVE update to the City's administration of the Wetland Conservation Act >r~3 V. APPROVE Tobacco License for Richa and Anuj Kohli, Go For It Gas, 4206 Nichols Road V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS 1981 f A. PLANNED DEVELOPMENT AMENDMENT - Town Centre 100 - Marinkovic Holdings 7A Planned Development Amendment to change the retail use to office located at 1250-1252 Yankee Doodle Road on Lot 1, Block 1, town Centre 100 tenth Addition. 99 B. PLANNED DEVELOPMENT AMENDMENT - Boulder Lakes - Interstate Partners -A Planned Development Amendment to allow a parking lot as the principal use for a 10 year term located at 505 Shanahan Way on Lot 2, Block 1, Boulder Lakes. ~~1 C. 2010 CIVIC ARENA BUDGET, 2009 - 2010 season rates, and purchase of 2010 capital outlay items. VIII. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY P. lad A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA D. OLD BUSINESS E. NEW BUSINESS I a,~ 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing regarding Sale of City Property to Doran Development for Phase I Apartment Project. F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT A City of Eaafl Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 31, 2009 SUBJECT: AGENDA INFORMATION FOR AUGUST 3, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 3, 2009 City Council agenda, the following items are in order for consideration. i Agenda Information Memo August 3, 2009 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 July 21, 2009 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the July 7, 2009 regular City Council meeting are enclosed on pages 3 through LQ 01. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 21, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Margo Danner, along with other members of the Eagan Lioness Club were present to discuss plans for a project they would like to possibly do at the new fire station site. A regular meeting of the Eagan City Council was held on Tuesday, July 21, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. RECOGNITIONS Mayor Maguire acknowledged deaths of four Minnesota servicemen, among them, Captain Thomas J. Gramith who died in Afghanistan while serving with the United States Air Force. A moment of silence was observed. AGENDA Tom noted there will be a closed session regarding pending litigation. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the July 7, 2009 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the reduction in hours for the non union Clerical Tech III in Administrative Services to 20 hours per week. 2. It was recommended to approve the hiring of Allison Arthur as a part-time seasonal concessions worker. C. It was recommended to ratify check registers dated July 2, 2009, July 9, 2009 and July 16, 2009 as presented. D. It was recommended to approve tree maintenance contractor licenses for Jim Blanske, JB Tree, and Steven Hovland, About Tree Care. E. It was recommended to adopt a resolution approving an Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on January 30, 2010 at 3355 Columbia Drive. F. It was recommended to award equipment contract to One Source Fitness for replacement of six (6) tread mills in the amount of $41,831.81, budgeted for replacement in 2009. G. It was recommended to authorize the submission of an application to renew the trademark for C Breeze and the Cascade Bay logo. H. It was recommended to receive the bids for Contract 08-13 (Sibley Terminal / Highway 13 - Storm Drainage), and continue consideration of contract award to August 18, 2009; and to receive the Final Assessment Roll for Project 858 (Sibley Terminal / Highway 13 Storm Drainage Improvements) and schedule a Final Assessment Hearing to be held on August 18, 2009. 3 City Council Minutes DRAFT July 21, 2009 Page 2 1. It was recommended to approve the final payment for Contract 07-07 (Dodd Parkside / Marsh Cove - sanitary Sewer Lift Station and Utility Improvements) in the amount of $9,671.29 to Geislinger & Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. J. It was recommended to approve the final payment for Contract 08-02 (Lone Oak Road - Lift Station Upgrade Improvements) in the amount of $13,154.97 to Minger Construction, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions, contingent upon receipt of required final documentation from the contractor. K. It was recommended to approve Change Order No. 1 to Contract 09-12 (Diffley & Rahn Road - Intersection / Roundabout Improvements) and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS WAIVER OF SUBDIVISION - JOHN KENNY AND SANDRA MARSYLA City Administrator Hedges introduced this item regarding a waiver of certain subdivision requirements to allow a final plat to shift the lot line between Lots 4 and 5, Block 3, Valley View Plateau (1469 and 1467 Highview Avenue. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Waiver of certain Subdivision requirements to allow a Final Plat to shift the lot line between Lots 4 and 5, Block 3, Valley View Plateau, located at 1469 and 1467 Highview Avenue. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Final Plat (Valley View Plateau Plat 3) to shift the lot line between Lots 4 and 5, Block 3, Valley View Plateau, located at 1469 and 1467 Highview Avenue. Aye: 5 Nay: 0 OLD BUSINESS There were no old business items. NEW BUSINESS COMPREHENSIVE GUIDEPLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT - COVENTRY SENIOR LIVING City Administrator Hedges introduced this item regarding a Comprehensive Land Use Plan Amendment that would change the land use designation from SA/MD (Special Area / Medium Density), to SA/HD (Special Area / High Density), to allow for a 64 unit Senior Living Facility. City Planner Ridley gave a staff report. Greg Johnson, representing Coventry Homes discussed the proposed senior living facility. Alan Black, EDI, discussed the need for assisted living facilities and the "small house" concept. Councilmembers held a discussion which included; potential future uses of the building, possibility of increased traffic in the area, crime, number of parking stalls, the size of the proposed facility in relation to the existing neighborhood. City Council Minutes DRAFT July 21, 2009 Page 3 Kenny Young, a resident of Terra Glen Court stated he felt the project is too intense for the area and expressed concern over the safety of children due to increased traffic and ambulances. He also expressed concern over property values and asked if there could be another access into the property. Staff noted that access to the site from Yankee Doodle Road is prohibited. Councilmember Tilley stated she was in favor of the proposal, noting that the proposed type of facility is needed. Mayor Maguire, Councilmembers Bakken, Fields and Hansen all agreed that a senior facility would be a good use and that they were not concerned about traffic; however, they expressed concern over the density and scale of the proposal and concern should the use as a senior facility change in the future. Mr. Johnson asked the Council for direction and a continuance to allow time to work with staff and neighbors on a revised plan. Mayor Maguire and Councilmembers shared that the proposal appeared to have a lot of units, the two- story design was preferred and the desire to have a single final plan to review when the item returns. Councilmember Tilley moved, Councilmember Hansen seconded a motion to continue until August 18, 2009 consideration of a Comprehensive Land Use Plan Amendment that would change the land use designation from SA/MD (Special Area / Medium Density, to SA/HD (Special Area / High Density), to allow for a 64 unit Senior Living Facility at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3d Addition, in the NW %4 of Section 16. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - JOINT AIRPORT ZONING BOARD (JAZB) ORDINANCE City Administrator Hedges introduced this item regarding an Ordinance Amendment to City Code, Chapter 11, creating an Airport Zoning Overlay District. Community Development Director Hohenstein gave a staff report. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to City Code, Chapter 11, creating an Airport Zoning Overlay District and adopting by reference the Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance, adopted and amended by the Joint Airport Zoning Board. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CHAPTER 5, REGARDING PREMISES LICENSED City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 5 relating to premises licensed for liquor sales. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to Chapter 5, specifically as it relates to premises licensed for liquor sales. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 8:25 p.m. to immediately convene a meeting of the Economic Development Authority. The regular meeting was reconvened at 8:30 p.m. s City Council Minutes July 21, 2009 Page 4 ADMINISTRATIVE AGENDA Public Works Director Colbert discussed the need for the implementation of a sump pump and service lateral inspection program. Councilmember Bakken moved, Councilmember Hansen seconded a motion to authorize the retention of SEH, Inc. for services related to a Sump Pump and Service Lateral Inspection Program and direct further discussion of possible implementation to a Council workshop (August 11, 2009). Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:45 p. M. Date Administrative Secretary / Deputy Clerk `6/ Agenda Information Memo August 3, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Overnight Custodian-Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Gary Royal as an overnight custodian at the Community Center. Item 2. Property Maintenance/Code Enforcement Technicians-- ACTION TO BE CONSIDERED: To approve the rehiring of Jeff Munsterteiger and Tom Miklya as Property Maintenance/Code Enforcement Technicians. Item 3. Voluntary Early Retirement/Separation Program ACTION TO BE CONSIDERED: To approve the Voluntary Early Retirement/Separation Program and to authorize its implementation. FACTS: • At the June 9 Special City Council meeting the City Administrator requested direction from the City Council regarding development of a Voluntary Early Retirement/Separation Program. The intended purpose of the program is to assist in reducing the City's staffing levels as one means of addressing the current and projected General Fund Budget issues and to right size the organization to sustainable levels for future years. The City Council authorized preparation of a proposed program to be reviewed at a later date. • Senior Management working with Human Resources spent a considerable amount of time developing a proposed program complete with objectives, parameters, incentives and costing scenarios. In addition potential outcomes of the program were discussed noting that certain positions might be refilled, different staffing models would be reviewed, and overall department or City restructuring may result. • A review of all applications will be undertaken and the City reserves the right to modify or discontinue the program for any reason or at.any time, with notice to the employees. 7 Agenda Information Memo August 3, 2009 Eagan City Council Meeting • At the July 28, 2009 City Council retreat the proposed program was reviewed and discussed in detail. The City Council authorized placement of formal action regarding approval of the program on the regular City Council meeting agenda for August 3, 2009. ATTACHMENTS: • Enclosed without page number is a copy of the Voluntary Early Retirement/Separation Program. Agenda Information Memo August 3, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 23, 2009 as presented. ATTACHMENTS: • Check registers dated July 23, 2009 are enclosed without page number. 7 Consent Agenda Information Memo August 3, 2009 Eagan City Council Meeting Recognition of August 4, 2009, as National Night Out in Eagan ACTION TO BE CONSIDERED: D. Adopt proclamation recognizing August 4, 2009, as "National Night Out" in Eagan. FACTS: • Tuesday, August 4, 2009, is the 26th annual National Night Out celebration. • National Night Out is sponsored by National Association of Town Watch (NATW). • In order to utilize the National Night Out slogan, Eagan must be a member of NATW. • It costs the City $25.00 for membership. The city purchases nothing else from NATW. • Membership in NATW entitles police staff to free training and publications related to crime prevention. • The City of Eagan has participated in National Night Out since 1998. • Participation has grown every year in Eagan. This year it is anticipated that up to 150 neighborhoods will participate in the celebration. • Eagan residents are asked to join millions of their fellow citizens across the United States in this celebration of Community, Crime Prevention and strong police/community partnerships. • Strong neighborhoods are essential to public safety and homeland security. • From 5:30 to 9:30 p.m., residents are encouraged to lock their doors, turn on outside lights and spend the evening outside with their neighbors. • Police and Fire units will visit approximately 150 neighborhood gatherings. • Registration can be done by mail, fax or on-line at www.cityofeagan.com. • For questions or more information, please contact the Eagan Police Department Crime Prevention Unit at 651-675-5727. ATTACHMENTS: National Night Out proclamation on page I f CITY OF EAGAN PROCLAMATION NATIONAL NIGHT OUT 2009 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide, crime, drug and violence prevention program on August 4, 2009 called "National Night Out"; and WHEREAS, the "26th Annual National Night Out" provides a unique opportunity for Eagan to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, the Eagan Police Department plays a vital role in crime, drug and violence prevention efforts and is supporting "National Night Out 2009" locally; and WHEREAS, it is essential that all citizens of Eagan be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Eagan; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby call upon all citizens of Eagan to join with the City of Eagan and the National Association of Town Watch in supporting "26th Annual National Night Out" on August 4th, 2009. BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim Tuesday, August 4, 2009 as "National Night Out" in the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Deputy Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Peterson, Deputy 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 , 2009. Maria Peterson, Deputy Clerk II Agenda Memo City Council Meeting August 3, 2009 CONSENT AGENDA: E. Tobacco License for Richard Sood, Fastrip Market, 3391 Coachman Road ACTION TO BE CONSIDERED: Approve a license to sell tobacco products for Richard Sood, at Fastrip Market, 3391 Coachman Road FACTS: • Richard Sood has purchased the Oasis Market located at 3391 Coachman Road. • The store will be operating under the name Fastrip Market. • All requirements of the application have been met and fees have been paid. • The Police Department conducted a background check and found no reason to deny the application. ATTACHMENTS: None. The application is available for review in the Administration Department. la Agenda Memo August 3, 2009 City Council Meeting CONSENT AGENDA: F. Body Art Establishment License for Joseph Christensen, 1960 Cliff Lake Road ACTION TO BE CONSIDERED: Approve license for Joseph Christensen to operate a body art establishment at 1960 Cliff Lake Road. FACTS: • Joseph Christensen has applied for a license to operate a body art establishment at 1960 Cliff Lake Road. • The Planning Department has verified that this location is in the proper zoning area for such a business. • A background investigation has been conducted by the Police Department and they see no reason for denial of the license. • All fees have been paid and all requirements of the application have been met. ATTACHMENTS: • None. The application is available for review in the Administration Department. 13 ICI Agenda Memo August 3, 2009 Regular City Council Meeting AUTHORIZE an Agreement with Harris Services to Prepare an Energy Conservation Analysis for geothermal heating for the Eagan Civic Arena and a Federal Recovery Act, Geothermal Technologies Program-Ground Source Heat PUMPS. ACTION TO BE CONSIDERED: Authorize staff to enter into an agreement with the Harris Companies to conduct an energy audit of the Civic Arena as it pertains to geothermal heating, and to prepare a Federal Recovery Act Geothermal Technologies Program-Ground Source Heat Pumps application on behalf of the City. FACTS: • The City is eligible to receive up to 50% of a maximum $5,000,000 in Federal Recovery Act funding through a block grant from the Department of Energy to develop and implement geothermal technologies with ground source heat pumps in the Eagan Civic Arena. A detailed application is required. • Additional funding is available through energy rebates from local energy providers as determined by the scope of the grant eligible initiatives. • Harris Companies approached the City of Eagan Civic Arena as a viable candidate to receive this grant funding. Harris has considerable experience in conducting energy audits for municipalities and the preparation and submission of similar grant applications. • The cost of Harris Companies' services is included in the grant application as an eligible expenditure. Upon application, there is no need to capitalize. The final cost is determined by the scope of services selected following completion of the audit/engineering study. • Upon receipt of the grant award, Harris would provide construction management and procurement/bidding services with an emphasis on the use of local contractors and resources. • The annual energy savings, paybacks, and pricing resulting from the improvements are guaranteed by Harris Companies. Any deficit in the savings would be paid back to the City by Harris Companies. An additional implementation agreement would be executed at this time should the City choose to move forward with this grant. ATTACHMENTS: None Agenda Information Memo August 3, 2009, Eagan City Council Meeting H. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL AND WAIVE $150 FEE ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. FACTS: ? Faithful Shepherd Catholic School has requested a temporary on-sale liquor license for a fundraiser planned for September 19 and 20, 2009. The fundraiser is the sixth annual "Septemberfest", which is being held to raise money for the operation of the school. ? Several noise complaints were received during the event held in 2008. Staff from the Police Department and Code Enforcement met with representatives of the school to discuss noise mitigation efforts for the event planned on Saturday, September 19. These efforts included re-orienting the stage and speakers to direct noise away from nearby residences. ? On July 7, 2009, an ordinance amendment pertaining to sound amplification was approved by Council. Faithful Shepherd has also submitted a sound amplification permit and is aware of the requirements that must be met for outdoor events with musical entertainment after 10:00 p.m. ? The temporary liquor license application has been submitted and deemed in order for approval by staff and the Police Department. ? Faithful Shepherd Catholic School is asking that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (2): 4 through 19 Letter and security plan enclosed on pages 1 & FAITHFUL SHEPHERD Where educational excellence and God's gifts are awakened. 3355 Columbia Drive • Eagan, Minnesota • 55121 • Phone 651.406.4747 • www.fscsmn.org March 20, 2009 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license for the weekend of September 19 & 20, 2009. We are holding our sixth annual "Septemberfest" at Faithful Shepherd Catholic School and Tri-Parish Center. The purpose of "Septemberfest" is fundraising. All proceeds from the event will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcohol beverages. Our site plan and security plan is attached. In order to address the noise issues of last year, we are changing the layout this year. The stage will be on the opposite end of the canopy so that the noise will be projected to the North East. If you have any questions, I can be reached at 651-592-3627. Thank you for your consideration. Respectfully submitted, Mark McGinty, Septemberfest Chair 2009 Faithful Shepherd Catholic School "Septemberfest" Faithful Shepherd Catholic School and Tri-Parish Center • Serving the parishes of St. John Neumann, St. Peter and St. Thomas Becket Security Plan "Septemberfest 2009" September 18, 19 & 20, 2009 Designated Property for the event: Designated property for the event will be - Faithful Shepherd Catholic School - Event will be held on the west side of the school - a stage will be set up with a family event Friday night and bands playing Saturday night. The activities will be on the Westside parking lot of the School. A designated area to serve and consume alcoholic beverages will be established. This will be fenced with designated entrance and exit gates. The following is a "tentative" schedule of events: FRIDAY -6:00 - -10:00 pm Family Fun Night - Food/Games/ Children Activities SATURDAY: -6:00 - ~12:00 am Food/Beer Garden/Live Music SUNDAY: 10:00 am - 12:00 pm Tri-Parish Outdoor Mass 11:00 - 2:00 pm Food/Beer Garden Security Measures: • No person under the age of 21 years of age will be sold or served alcoholic beverages. • No person will sell or give alcohol beverages to an obviously intoxicated person. • All persons who consume, purchase or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. • Wrist bands will be issued to those individuals who possess valid identification and are 21 years of age or older. • Alcoholic beverages will only be served to those with proper wristbands. • No person selling alcohol shall be intoxicated or consume alcohol during his or her work shift. • Licensee will post signs at all entrances of the school to notify the public that sales to and consumption of alcoholic beverages by person's under the age of 21 or to persons intoxicated is prohibited. • Licensee will follow the designated hours listed in the City of Eagan Procedures 17 • Licensee will provide security to monitor the licensed area - We will hire Eagan Police Department off-duty officers during the event. We will also be asking the Eagan Explorer Scouts to assist in other areas of the event, such as the parking lots. • Licensee will designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The on-site manager will complete training in alcohol beverage service and will train servers and security personnel of the same. • Will also be contacting Taxi Services this year and post signs for service - telephone numbers and locations. 10 (SUN lcinRrrtJ`: nnopy EXISTING SID PLpYGROUN~ i•f. OD ENDDRSj••.. Entry Gate so Evan1 Pickets - j - , Volunteer 'o ~ Checlt^in & WristbQnds ~,C Agenda Information Memo August 3, 2009 Eagan City Council Meeting 1. SOUND AMPLIFICATION PERMIT - FAITHFUL SHEPHERD ACTIONS TO BE CONSIDERED: To APPROVE a sound amplification permit for Faithful Shepherd for an outdoor event with electronic sound system/audio equipment use after 10 p.m. to be held on September 19, 2009 at 3355 Columbia Drive. FACTS: ? An outdoor event with musical entertainment past 10 p.m. requires a permit and approval from the City Council, subject to the requirements outlined in Sec. 10.31 Subd. 3.C. ? Faithful Shepherd is planning a 6th Annual Septemberfest school fundraiser outdoor event September 18-20, 2009. The live music for which the sound amplification permit is required is planned for Saturday from 6:30 p.m. until 11:30 p.m. The event will occupy the entire parking lot on the west side of the building. ? The sound volume is limited to 55 decibels at '/4 radius mile and 50 decibels at '/2 radius mile from the property lines of the permitted premises. The frequency for this sound system event is 60 Hz-12 KHz. Identification of the on-site contact person responsible for the sound is pending and a final selection will be made by July 31 St ? Surrounding uses within 1/4 mile are industrial to the north and east, business park to the west, and multi-family residential and vacant property south. The applicant is proposing the band be located west of the building, facing north toward the industrial area. ? The stage, speakers, sound equipment and beer will be beneath a canopy, with satellites and food vendors placed east of the canopy. A temporary barrier prevents unauthorized access to the event. Access is required through the entry gate at the south. The first aid station is located at the entry gate. ? The 2008 Faithful Shepherd fundraising event generated several complaints. The stage and speakers were facing south toward the multi-family residential uses. Proposing the layout to face north toward the industrial properties should eliminate or reduce any noise complaints. ? A temporary liquor license request is also on the agenda for this event. Additionally, the applicant is requesting a fee waiver for the outdoors event with noise permit. ATTACHMENTS: (1) A copy of the permit, site plan and radius map is attached on pagesal through3 For Office Use City of Permit E*dR I Permit Fee: 3830 Pilot Knob Road Date Received: 0` ' 2-1 - 09 Eagan MN 55122 ^t Phone: (651) 675-5675 Fax: (651) 675-5694 I Staff: - - - - - - - - - 2009 SOUND AMPLIFICATION PERMIT (OUTDOOR EVENTS AFTER 10PM) ? Eagan City Code Section 10.31 requires a permit for outdoor electronic sound system / audio equipment use after 10:00PM. A completed written application meeting the requirements of Section 10.31, accompanied by a payment of $75.00 and a site plan must be filed with the Community Development Department three full weeks in advance of the City Council meeting at which it will be considered. A copy of Section 10.31 is attached for your use. ? Sound produced under the permit shall not exceed the maximum allowable sound pressure level as measured by Type 1 or 2 decibel meter, using the A-weighted fast response scale meeting ANSI Specifications, Section 1.4 - 1971. o 1/4 mile radius from the property line, 3-5 feet above ground level - 55 decibels o mile radius from the property line, 3-5 feet above ground level - 50 decibels ? City Council approval is also required in instances where liquor will be present. In those cases, you may submit the liquor license application at the same time sound amplification permit so both may be considered at the same City Council meeting. ? PLEASE PRINT ALL INFORMATION REQUESTED ON THIS APPLICATION Name: Ff j7 }1 f vL SHEI JQ2~ Clg7~/O 1-I C 5-H©O L APPLICANT ~5~ CU2- U 1v1131t (INDIVIDUAL Address: 3 ORGANIZING / EVENT) Phone: tS 1- yO Cb 7'/-7 Alternative Phone: Fax: 6 s/r x/06 - Lfl7'/3 Email: Name of individual responsible for event: ! v l A F-Y, M C~ /0 7-/ Contact phone Address: 5611 #wcc -/-O IE j& during the event: 6 SI S v9 369-7 EVENT Phone: Alternative Phone: hS /r 666 - 6I'/? CONTACT INFORMATION* Fax: Email: MR tZk m M !56 /!v 7Y Q- NO fi&ee) . C c) * This person must be present at all times during the event and act as the on-site contact for City officials during the event. The applicant and the contact person shall be responsible for compliance with the terms and condition imposed by the permit and Section 10.31. The applicant or contact person shall maintain the permit on the permitted premises at all times during which the permitted electronic sound system or audio equipment is in use. The permit shall be presented to any City official or law enforcement officer upon demand. Address of event: 33 S S_ _C o u _15114 Piz I I E fic f gfL Purpose of event: 1~VND(?4(S Z or f61'T U[ ~N~p~{~ZQ~CjfLp2, Date(s) of event & EVENT day(s) of the week: DETAILS Times of event: Start: 5' oo pl-1 Finish: 00 flp-i Set up begins at: O~ Take down completed (Date / Time) l ' 17 ? OO/,H by: (Date / Time) 9"`~T / J • 00 P" Maximum number of people in attendance on any day: 2009 SOUND AMPLIFICATION PERMIT Page 1 of 3 PERMIT Description of electronic sound system or audio equipment: 0 AIC1 X-7- 500M 0 5 55 7ZE/ PO(L A I3 CEO 5Q FT ~l (a 9 Volume, frequency and type of C~ sound to be generated: /0 09 Ira /&H7~ , ~9~Nz - jo~l~NZ, ~1 Z/L mo-SIC., Sound will be generated during C- a these hours each day: J o 0 PM Name of individual(s) responsible for sound: Phone: Alternative Phone: 6:/-s'9 -3627 Will there be hired speakers / performers at the event? Yes ? No If yes, name individuals Description of entertainment to be provided: ~7~Jr 5 IL17051~ELll--I~W-7- 7D CO i77?/9C7 ~l' 2 //~C7z c /'A1Aiv'T Name Address City / State / Zip Will food or alcohol be served at the event? ZYes ? No NOTE: /Additional Permits may be necessary If yes, describe: Zf~) 5> G.J l Lt- O V O ® V jDO~ ~ 1 A)5& S ezs_ XngL~G.lit~vE ~v v POP, j'J'47 o L /Q L/C 1p A 2 ~vG?, Describe the event in detail. i /&USIC PGRNIVEV FR 61-I 3O AM 7b / 1: 30gm /3t , S oD/5 P7~~2 vft ( 1~GEF~ 2 PO C/ d15~, T}k €5 I ffU1~f~/V~` !ti.//LL 9tj sc'-LLl7lf~i F0040, ? Attach 2 copies of a Site Plan. Include location of tents, stages, booths, first aid/ relief stations, dumpsters, portable toilets, sound amplification equipment, signs and banners. Be specific as to the placement of sound system speakers and the direction the sound will travel. NOTE: Additional Permits may be necessary ca, 2009 SOUND AMPLIFICATION PERMIT Page 2 of 3 PERMIT List the cities in which the applicant or contact person has been issued a similar permit in the last five (5) years by this city or any other municipality or government entity with authority to issue such similar permit. Include contact information for the permitting entity and a statement as to whether the applicant or contact person was or was not in violation of any term or condition of the permit. The City Council may deny the permit if the proposed use of electronic sound system or audio equipment will adversely affect surrounding properties. The City Council may impose conditions upon the issuance of any permit that are reasonably related to ensure that the sound generated by the permitted sound system or audio equipment does not unreasonably disturb the persons and property surrounding the permitted location. I have received from the City of Eagan a copy of Eagan City Code 10.31 (Noisy Gatherings and Electronic Sound System Equipment)and will familiarize myself with the provisions contained within them. I hereby acknowledge that I have read this application, state the application is correct, and agree to comply with Eagan, MN laws regulating noise and electronic sound systems / audio equipment use after 10:00PM, and all ther City Codes and State laws. X `46I4-All 13 AD/'J F-~ x Applicant's Printed Name Applica is i ature Date FOR CITY OFFICE USE ONLY Character and nature of land uses underlying and adjacent to the land upon which the electronic sound system or audio equipment will be used: MOM k EAST WOUSTNAl.- LuEST- IBUSI NESS PARK 50 018 - ft1UL71-1-1--AMtL9 MI I)MT 1191- . V IRG1` iuT f RbpER~ Has the applicant or contact person complied with the terms of previous or similar permits issued by another municipality or government agency during the last five years? Permit reviewed by: m 4m GRRmLE' GRE6.1©mwti7 Community Development Police Approved by City Council: Date O53 2009 SOUND AMPLIFICATION PERMIT Paqe 3 of 3 PERMIT EXIS1tN~ o~ 7,d P LP,' RG N~ - m FD00 l~ ENDDR~ Entry Gate - { TickeSs• - fP~. {eer rN Gheck^~n & ~lristba~d~ _ FAITHFUL SHEPHERD Where educational excellence and God o gifts are awakened. 3355 Columbia Drive • Eagan, Minnesota • 55121 • Phone 651.406.4747 • www.fscsmn.org July 22, 2009 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: I respectfully request that the Eagan City Council waive the $75.00 application fee for a Sound Amplification Permit for the weekend of September 19 & 20, 2009. We are holding our sixth annual "Septemberfest" at Faithful Shepherd Catholic School and Tri- Parish Center. The purpose of "Septemberfest" is fundraising. All proceeds from the event will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's Noise Ordinance Amendment by incorporating procedures that will be followed to limit objectionable noise levels. If you have any questions, I can be reached at 651-592-3627. Thank you for your consideration. Respectfully submitted, Mark McGinty, Septemberfest Chair 2009 Faithful Shepherd Catholic School "Septemberfest" as-- Faithful Shepherd Catholic School and Tri-Parish Center • Servina the varishes of St. iohn Neumann, St. Peter and St. Thomas Becket FEE WAIVER REQUEST 99911111 0 TO Tom iPNFO 717 CLUBVIEW DR p i J ¦`f - ~I R ~ `~t'r°' -APOLLtl ,:c 1 ~ f _1 - L !n".'.,..9_.'.•.`.w° _ may. • . y Y W r....-°. a. GEMINI RD I _ I II .y _r i 1 fl it - k 'T,` l$ Inc z ? - ~ {fir 13 we HIi7"t!T Ilr ! • U W * f ELI 50 dB [Zecu1te c.?+ DISCO `T. I/ ' w.r. 7 F, m T . -.-~c-•- -.asks. rfiOUAr CT, 1 - g ~,t~~o~ u I• s f a DUC0001) TRC ' "C ill AliDg sx h Y $ p• m DUCXWOOD DR DUCKWOOD OR - a t rT Y ' ^,5.. ~ i * f•`' r- r ult~+lru tal d <y I^ cy I a\g... a kmygFlgN L N - O-. tl I t _-,~7 I iE7'•~+, .C'O" M m ,yA O'J Ut ~.b fiA S R E E ~Otr r~ a ,;k$ P z ~~U Q - 't~' - e d`J. ,~1~ J- Q n,`i~ ,N Gtr c' l • r t t'~r $,?S ;~,k QJ,- `+t t 4•i _ k p 0 y . a . 7„ 't z L Agenda Information Memo August 3, 2009, Eagan City Council Meeting J. APPROVE A RESOLUTION TO TEMPORARILY EXTEND THE LICENSED PREMISES OF CEDARVALE BOWL, INC., DBA CEDARVALE LANES/FITZ'S BAR & GRILL LOCATED AT 3883 CEDAR GROVE PARKWAY ACTION TO BE CONSIDERED: To approve a resolution to temporarily extend the licensed premises of Cedarvale Bowl, Inc., dba Cedarvale Lanes/Fitz's Bar & Grill located at 3883 Cedar Grove Parkway. FACTS: ? Cedarvale Lanes is planning a number of customer appreciation events to commemorate their 30th anniversary beginning August 27, 2009 and concluding on August 30. ? On Saturday, August 29, there will be an outdoor music performance by the band Casablanca Orchestra scheduled to begin at 7:00 p.m. and end at midnight. ? Food and liquor service will extend to an additional fenced-in area outside of the building. A liquor license is typically only valid in the compact and contiguous building or structure situated on the premises. The license may be extended to an outdoor deck or patio area provided specific criteria is met by the licensee and following administrative review by staff. An ordinance amendment to City Code Chapter 5, Section 5.07, approved by Council on July 21, 2009, states that liquor service in areas that are not compact and contiguous to the licensed premise requires an extension of the liquor license. ? Cedarvale Bowl is proposing an additional area for food and liquor service (see attached site plan) which is not on the patio and extends into the parking lot by approximately five stalls. As such, this necessitates an extension of the on-sale liquor license and approval by the Council. Staff has met with the licensee to ensure that compliance with existing life and safety requirements were met and that noise regulations and requirements for outdoor events as identified in the City Code were addressed. The Police Department is aware of the event and will respond to any reported noise complaints. The applicant was also provided a copy of the ordinance pertaining to gatherings and sound and was informed that any substantiated noise complaints by the police would result in the need to reduce or eliminate the noise. Additionally, the applicable procedures required of non-profit organizations that obtain a temporary liquor license are also being required of the licensee. ? Information detailing the outdoor event and extension of liquor service has been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the extension of the on-sale liquor license. A sound amplification permit will also appear on the Consent Agenda for consideration by Council. ATTACHMENTS (3): Resolution, schedule of events and site plan on pagescO through ~7 RESOLUTION CITY OF EAGAN NO. APPROVAL OF APPLICATION TO EXTEND THE LICENSED PREMISES FOR CEDARVALE BOWL, INC., DBA CEDARVALE LANES/FITZ'S BAR & GRILL LOCATED AT 3883 CEDAR GROVE PARKWAY WHEREAS, the City of Eagan (the "City") has issued a license for the sale of alcoholic beverages to Cedarvale Bowl, Inc. (the "Licensee"); and WHEREAS, the Licensee has submitted an application to temporarily extend their licensed premises to include the service of alcohol on additional outdoor areas of the licensed premises for the purposes of conducting a 30th anniversary celebration on August 29, 2009; and WHEREAS, Chapter 5, Section 5.07 of the Eagan City Code allows the City Council to temporarily extend the licensed premises to include any outdoor area located on the property of the licensed premises subject to the applicable provisions of Chapter 10 and Chapter 11 of the City Code provided that specific terms and conditions as set forth in Section 5.07 are met; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves Cedarvale Bowl, Inc.'s application for a temporary extension of the on-sale liquor license for August 29, 2009 at the licensed premises of 3883 Cedar Grove Parkway. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion by: Seconded by: Those in favor: Those against: Dated: August 3, 2009 CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3`d day of August, 2009. a8 Maria Petersen, City Clerk Cedarvale Lanes and Fitz's Bar & Grill Celebrating 30 Years of Customer Appreciation Aug. 27th - Aug. 3 0th Thur. Aug. 27th 4pm-6pm - Meet & Greet Social w/ City and Chamber Members 6pm-9pm - Free bowling for friends, city, league bowlers, etc? 7pm-1 l pm - Summer Finale Volleyball Tourney 9pm-close - Family Incred A Bowl - $19.79/family 9am-9pm - $1.00 bowling and shoes Fri. Aug. 28" Noon-4pm - Invite regulars, staff, friends to take down Perimeter netting, set up fencing, tent, tubs, Signs, biffys, etc. (free admission for help) 4pm-8pm - BBQ on Deck 8pm-11pm - Beach party trial run - Karaoke on Deck 9pm-close - $19.79 Incred A Bowl Sat. Aug 29th 9am-?? - Party Setup 9am-9pm - Family Intro to Bowling - $1.00 bowling Jr. and Adult lessons, tours, history, etc. 8pm-mid - CBO Performs 9pm-close - $19.79 Incred A Bowl Sun. Aug 30th 10am-4pm - Car Show? 4pm-8pm - Cedarvale 300 Club Bowling Tourney 8pm-Mon - Go To Bed! c9 hRtinA ~ Cl1c Cv z~j Vi.PB ~gF3 I ~ rennP 5-(~ FC-AICinICs S ~ . ~ C~ oPT.. TE~JT SeC~CIT/ • W~ I~ERMIT E,JT. RAP FIRE Rte.. ALL ALIT,JU T~ p A~17 So.wESY~zrIAiCs rcoD FEn?Gwi~ 3I I- FARE I / ACCESS vg C x RTS UswoK CEDAEVALE L.ZJES Fm's &ie~aN~ CALL. j CMLY Hwy EAGAAJ, kMl S612Z. /DECKI G FIRST Po 1-I O L_ H~o ENr ~ F~r~s Agenda Information Memo August 3, 2009 Eagan City Council Meeting K. SOUND AMPLIFICATION PERMIT - CEDARVALE BOWL ACTIONS TO BE CONSIDERED: To APPROVE a sound amplification permit for Cedarvale Bowl for an outdoor event with electronic sound system/audio equipment use after 10 p.m. to be held at 3883 Cedar Grove Parkway. FACTS: ? An outdoor event with musical entertainment past 10 p.m. requires a permit and approval from the City Council, subject to the requirements outlined in Sec. 10.31 Subd. 3.C. ? Cedarvale Bowl is planning a 30th Anniversary outdoor event to be held on Saturday, August 29, 2009 from 8:00 p.m. until midnight. The event will occupy a portion of the parking lot and the sand volleyball courts. ? The sound volume is limited to 55 decibels at '/4 radius mile and 50 decibels at '/2 radius mile from the property lines of the permitted premises. The frequency for this sound system event is 40 Hz-20 KHz. The on-site contact person during the event is Wade Barber. ? The surrounding uses within '/4 mile are commercial and industrial to the north and west, and park, multi-family residential, and vacant properties to the south and east. The applicant is proposing the band to be located at the western corner of the parking lot, facing southeast toward the volleyball courts, Woodhaven Park, a vacant parcel, and residential areas. ? The sand volleyball court area is proposed to be used as the dance floor area. The remainder of the event area will have temporary fencing to enclose the boundaries of the event with four exit/entrances planned on the north, east and south sides and into the Cedarvale Lanes building on the north side, and a security entrance/exit on the west corner by the stage. ? A liquor license is also on the agenda for this evening ATTACHMENTS: (2) A copy of the permit and site plan is attached on pages3a through 3g. A copy of the decibel radius map is attached on pages 3(p thraug~r- A/ r----------------- I Fbt~Cjffc~~llse Permit#: City of Eap Permit Fee: I 3830 Pilot Knob Road I Eagan MN 55122 Date Received: 0(oZ9 -!29 Phone: (651) 675-5675 Staff: Fax: (651) 675-5694 2009 SOUND AMPLIFICATION PERMIT (OUTDOOR EVENTS AFTER 10PM) ? Eagan City Code Section 10.31 requires a permit for outdoor electronic sound system I audio equipment use after 10:00PM. A completed written application meeting the requirements of Section 10.31, accompanied by a payment of $75.00 and a site plan must be filed with the Community Development Department three full weeks in advance of the City Council meeting at which it will be considered. A copy of Section 10.31 is attached for your use. ? Sound produced under the permit shall not exceed the maximum allowable sound pressure level as measured by Type 1 or 2 decibel meter, using the A-weighted fast response scale meeting ANSI Specifications, Section 1.4 - 1971. o 1/4 mile radius from the property line, 3-5 feet above ground level - 55 decibels o mile radius from the property line, 3-5 feet above ground level - 50 decibels' ? City Council approval is also required in instances where liquor will be present. In those cases, you may submit the liquor license application at the same time sound amplification permit so both may be considered at the same City Council meeting. ? PLEASE PRINT ALL INFORMATION REQUESTED ON THIS APPLICATION Name: 11MOE C, iAR&J APPLICANT (IINDIV DUAL Address: y14 &V6_5~=D PQ RZ , 01d +A) IV& m ORGANIZING EVENT) Phone: /,CQS Alternative Phone: Fax: C! 51) - q - Lsn Email: Name of individual responsible for event: Address: Contact phone , / during the event: rj "/"Y'c0'75ZAL EVENT Phone: ~~r ~ S 1 O Alternative Phone: 42 CONTACT 1! 3g - / INFORMATION* Fax: C`05~' Email: t" ")I~"~- This person must be present at all times during the event and act as the on-site contact for City officials during the event. The applicant and the contact person shall be responsible for compliance with the terms and condition Imposed by the permit and Section 10.31. The applicant or contact person shall maintain the permit on the permitted premises at all times during which the permitted electronic sound system or audio equipment is in use. The permit shall be presented to any City official or law enforcement officer upon demand. 7 Address of event: - (ic b(ax V K( Purpose of event: L3C A Vl vt , "1 ' C", Date(s) of event & EVENT day(s) of the week: DETAILS Times of event: Start: C ` on Finish: Set up begins at: / Take down completed (Date I Time) by: (Date / Time) 1 Maximum number of people in attendance on any day: (nix' 2009 SOUND AMPLIFICATION PERMIT Page 1 of 3 PERMIT Description of electronic sound system or audio equipment: 3Z 1. V1 a vtv\~ ~ M41 v!' Console- /A !,S yks 4 1z Ntc A `~ac_ ki $ pe& &v , , + o4ci v, + &r i 1 , F. _.JC,iI~ C~'v 1 Use I n I Y le~l/© Iy( Qr nu (uC..C../1- UeA A uee' Volume, frequency and type of Lt sound to be generated: `t6 Imo- ZQ 1 4 ? d rJ u? 1 As rim, Sound will be generated during ii j - - these hours each day: (0: (YJ- 0:06 pw 5QUYr cti+ rS CJ' ~Op tf ~h tr: bi Sl~ty,J Name of individual(s) ~ l a n r' responsible for sound: Ton, LeAnov(L - C"L`SfliaX 'Swri.('.tr. 4 IQ Lt Phone: 6912- Jl 7` `7 s s .j Alternative Phone: '7s-z - 6 r 3-s9 4 Will there be hired speakers / performers at the event? 9 Yes ? No If yes, name individuals n CRS 6~AJC-A Description of entertainment to be provided: C , n , 0 . - Uq.~ 3'4A1n (inprif alb? OA~LAntte Moos 3131 EXceLiS i. 5LUD #6J5 KA0nouc-P&--ts ! Ml.! S54 ILo Name Address City / State / Zip Name Address City / State ! Zip Name Address City ! State / Zip Will food or alcohol be served at the event? N Yes ? No NOTE: Additional Permits may be necessary 2 r If yes, describe: J 3~ ) A2O S~ J R1oi)'( ~V /~~Q f /~1~,5 ~ Describe the event in detail. -/YZ o QT5 OF FECK ' Pat i-n (rDivI -r ? Attach 2 copies of a Site Plan. Include location of tents, stages, booths, first aid / relief stations, dumpsters, portable toilets, sound amplification equipment, signs and banners. Be specific as to the placement of sound system speakers and the direction the sound will travel. NOTE: Additional Permits may be necessary 2009 SOUND AMPLIFICATION PERMIT Page 2 of 3 33 PERMIT List the cities in which the applicant or contact person has been issued a similar permit in the last five (5) years by this city or any other municipality or government entity with authority to issue such similar permit. Include contact information for the permitting entity and a statement as to whether the applicant or contact person was or was not in violation of any term or condition of the permit. The City Council may deny the permit if the proposed use of electronic sound system or audio equipment will adversely affect surrounding properties. The City Council may impose conditions upon the issuance of any permit that are reasonably related to ensure that the sound generated by the permitted sound system or audio equipment does not unreasonably disturb the persons and property surrounding the permitted location. I have received from the City of Eagan a copy of Eagan City Code 10.31 (Noisy Gatherings and Electronic Sound System Equipment)and will familiarize myself with the provisions contained within them. I hereby acknowledge that I have read this application, state the application is correct, and a ree to comply with Eagan, MN laws regulating noise and electronic sound systems / audio equipment use after 10:o0PM, and a City C des and State laws. X x Applicant's Printed Name Applicant's Si re Date FOR CITY OFFICE USE-ONLY Character and nature of land uses underlying and adjacent to the land uponwhich the electronic sound system or audio equipment will be used: 1~1e s i - cx~m m t= e c, l l~ • ~ jnthus-rR C W ~ V VK 4 \J r Pt l~ `~5f . BAST' $ poi, Yl1UL7I-F fP Srii a L, REstt Has the applicant or contact person complied with the terms of previous or similar permits issued by another municipality, or government agency during the last five years? Permit reviewed by: Community Development Police Approved by City Council: Date 2009 SOUND AMPLIFICATION PERMIT Page 3 of 3 PERMIT z Lij C rJ TEiUP C" OPT- T6nIT SECueiTY W~ I~ERMiT ~J ENT. FIRE k/A7 LAKIE TAMP A'J) Sou S~~~riNCc FooD FErJG>J~ 3 r FIVZ4E AGCCSS I tJ Liauo~ COURTS . . CEDAewiLE LP,,jE5 FIT-as &Ae_f.)Mr) C--41LL, /DEC.>.~n1Cs;~ E 3sertvcE 3Sf33 Ci=Da2Gtza/c OfiLy Pkwy Y EAGA~ I hN l S"12Z /ECK! rr I FiRS7- QeE / / / - Aid ~ Er it T F~r~ s _ s 'k r } .Y,. ~ ~ v r. OQ~~ "mss --w 1' „ Spa ~ 0$~ " ~vv MEIRCUT L.. c~ eG. v ~ y~F~ ~ i~ = s n*~ 50 dB tit SII VER BELL D C) Z-U C :,q rl t J SubjecttPrbperty 112 Mile ~r r t ~.s . p spa, ? _ 4 t t F 1~? -a3 n is a r 2 ,fa' 1 4. u.' C'- F-UE:: TtJCE _ p7ft 92 f•1.1i1i.r- lei' : aw '1 rC p O"• • 2 PUUCE f.14- It 4r t: .f !t j h,•'' LV to r`6 1 ' j ~ P 3Fy 1' _ rA* GCS- : APF'H'.RE1VT. -t,k`3~1'x, lI. G Gtr r ?D~F 3 f`i ~L 1 a- • -a c i1 iK ell ROCKY RAPID"; VAY t g Dlf 4~a a O i IC f c~ _ .n. - Y Z It ,~"V t ~ ~ as ~ .i~P'~iJn~tini ~d~:~ ' ~,4`s•~`~`>r~ u W.r i t • ~i ! ~ A ~ a r ~ ~j , te'a' ~ >~~R•~. t ( p~~` . ,~i= ~ .v... -~LEV RD i;; _ . a7dtwlL,W% p d v .I * 7 r9 r s_ i Agenda Information Memo August 3, 2009, Eagan City Council Meeting L. DECLARE BICYCLES AND UNCLAIMED PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: To declare bicycles and unclaimed property to be surplus. FACTS: ? Throughout the year, the City acquires a variety of unclaimed and stolen property. State law permits the sale of these items to the highest designation as surplus property. ? Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use of the property, it is reallocated to the appropriate department rather than being sold. ? The City Council approved an agreement with Propertyroom.com, an online auction service specializing in the disposition of unclaimed property and surplus City property. Prior to sale of the property through Propertyroom.com, the appropriate legal notice will be published in the Thisweek Newspaper. ATTACHMENTS (1): ? 2009 auction item list on pages 3 through' 3~7 Property Auction Manifest Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 PROPERTY Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 1 w-M,COM EAGAN, MN 55118 Line Your Reference Numbers # Qty- Description Case ID # Serial # PR Bar Code (SKU) 1 1 Gold Colored Necklace 06-7229 2 1 Huko Black Lanlor Briefcase 05-8166 5 1 Lap Top Computer Bag (313G) 07-1401 8 1 White Shirt 9 1 Star Wars DVD 10 3 CD/DVD Circular Cases 12 1 Speaker Box (3D54) 06-3410 13 1 Power Inverter (3D58) 06-3410 14 1 Punch Amp (3D5M 06-3410 15 1 Boss Amp (3D50) 06-3410 16 1 Necklace and Earring Set (3D5W) 06-3410 18 2 Road Master Sub Woofers (300A) 06-3410 Manifest Detail Verified: Received From: ?At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Recpred ID Checked ? Property Auction Manifest IP1OP1R.TY Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 2 JJM.COIVI EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 19 1 Speaker Box with Infinity Speakers (3D76) 06-3410 20 1 Alpine Amp (3078) 06-3410 21 1 Auto Tek 2way Crossover (3D7A) 06-3410 22 1 Radio (3D7C) 06-3410 23 1 JJVC Car Stereo (3D7E) 06-3410 24 1 Sony Car Stereo (3D71) 06-3410 25 1 Sony Speakers (3D7K) 06-3410 26 1 Portable CD Player (3D7S) 06-3410 27 1 GPX AM FM Radio (3D7?) 06-3410 28 1 JGPX Radio - Pink (3D7Y) 06-3410 29 1 Audiovox MP3 (3D80) 06-3410 30 1 Phillips CD Player (3D82) 06-3410 Manifest Detail Verified: Received From: ?At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final, discrepancies will be reported promptly). ID Check Re4Jred ID Checked ? Property Auction Manifest MOPERTY Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 3 wM.O1 1 EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 31 1 Headphones (3D84) 06-3410 34 1 Cannon Bubble Jet Printer (HUWO) 06-0959 35 1 Mustak 680 Scanner (HUW4) 06-0959 38 1 MTX Audio Thunder Amp (HUX2) 06-0959 39 1 Hernosa 150s Amp (HUX4) 06-0959 40 1 Black Purse 7k. 41 1 Digital Tach (HV9W) 06-1458 42 1 Multi Metor (HV9Y) 06-1458 45 1 Punch Sub Woofer (3CC8) 62-0158 46 1 Computer Modem (GUYW) 01-7583 47 1 Boston Computet Speaker (GUYW) 01-7583 48 1 Samsung Digital Audio Player (3COM) 06-2357 Manifest Detail Verified: Received From: ? At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Recfred ID Checked ? Property Auction Manifest Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 4 ~~1v1.CO1Y1 EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 49 1 (RIVER - (POD (3COM) 06-2357 50 1 (RIVER - IPOD (3COM) 06-2357 51 1 Gold Necklace (3SM) 06-2357 52 1 Blue Jeans size I (3CLY) 06-2399 53 1 Blue Jeans size 1 (3CLY) 06-2399 54 1 Womens Nike Shoes Size 6 (3CMO) 06-2399 55 1 Womens Nike Shoes Size I (3CMO) 06-2399 56 1 Black Briefcase 57 1 Golf Bag with 4 Covers (HTQY) 05-7546 58 1 Promaster 58MM UV Lens Protector 1 Promaster F7D 55oo Flash Unit 1 Promaster Off Camera TTL Card PX Manifest Detail Verified: Received From: ? At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Rec3red ID Checked ? Property Auction Manifest PROPERTY Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 5 1~~M.CC~M EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 58 1 LowePro Bag 59 1 Hoya 58MM Lens Protector 1 Promaster FTD 5500 Flash Unit and Off Camera Cord 1 Tamrac Bag 60 1 Hoya 52MM Lens UV Guard Protector 1 LowePro Nova Bag I Vivitar Sensor Adapter 61 1 Hoya 52MM Skylight 1 B Protector Lens 62 1 Promaster 58MM UV Lens Protector 1 Prom aster FTD 5500 Flash Unit and Cable 1 LowePro Bag 63 1 Hoya 52MM Excel I B Lens Protector Manifest Detail Verged: Received From: ? At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check ReCIred ID Checked ? Property Auction Manifest PP.OPEIR'I"Y Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 6 RC~UrM.COM EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 63 1 Tamrac II Bag 64 1 Hoya UV 62MM Lens Protector 1 Vivitar 283 Flash 1 Vivitar Sensor Adaptor I Shutter Release Cable 1 Ricoh Bag 65 1 Tiffen 52 MM UV Protector Lens 1 LowePro Nova 4 Bag 66 1 Ricoh Bag 67 1 Tamrac Bag 68 1 Tiffen 52 MM SKY I - A Lens Protector I LowePro Nova 4 Bag Manifest Detail Verified: Received From: ?AtPick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check RecQred ID Checked ? Property Auction Manifest Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 Oj~1~ 1 J.,:1J \1 1 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 7 RWM aCOM EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 71 1 Cokin 3+ Magnifiers I Cokin Chromefilters 4 4 Hoya Closeup Lens Set 62MM 3 Tiffen Step Down Ring 62 - 55MM 1 Tiffen Closeup Lens Set 55MM 5 Hoya Closeup Lens Set 52MM IbIl 1 Olympus Battery Charger 5000 Series I Stepup Ring 52 - 55MM I Hoya Stepup Ring 58 - 62MM 4 Lightning Powder Company 52MM One to One Lense 4 Shutter Release Cables 1 Cokin 62MM Lens Ring Manifest Detail Verified: Received From: ? At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported pmmpty). ID Check RecDed ID Checked ? Property Auction Manifest PROPER'T"Y Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 8 R M.COM EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 72 1 Quad Tire Bicycle (IWUI) 08-6702 74 1 Girls Shoes size 5 1/2 (ITCI) 08-7829 75 1 Marantz Portable Cassette Recorder 76 1 Lanier Recorder 77 1 Spin and Learn Game (IFP6) 09-0036 78 1 Guess Who Game (IXP6) 09-0036 79 1 Baby Radio Game (IXP8) 09-0036 80 1 Pixos Game (IXP8) 09-0036 81 1 Play Kool Game (IXP8) 09-0036 82 1 Guess Who Game (IXPA) 09-0036 83 1 MP3 Player (3DO?) 06-4480 84 1 Panasonic Car Stereo Adaptor (3DOI) 06-4480 Manifest Detail Verified: Received From: ? At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Refired ID Checked ? Property Auction Manifest PROPERTY Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 9 RWM .coM EAGAN, MN 55118 V Line Your Reference Numbers # Qty- Description Case ID # Serial # PR Bar Code (SKU) 85 1 Alpine Car Stereo (3DOM) 06-4480 86 1 Namsunsh Car Stereo (3DOO) 06-4480 87 1 Kenwood Car Stereo (3DOQ) 06-4480 88 1 Sony Car Stereo (3DOS) 06-4480 89 1 Pioneer Car Stereo (3DOU) 06-4480 90 1 Alpine Car Stereo (3DOW) 06-4480 91 2 pr Earrings (3DVZ) 06-4811 92 1 JVC CD Player-Car (3DUM) 06-4796 93 1 Alpine CD Player-Car (3DUO) 06-4796 94 1 Namsunsh America CD Player-Car (3DUQ) 06-4796 95 1 Power Acoustic Power Amp (3DU9) 06-4796 96 1 Aluminum Bat (3DW6) 06-4827 Manifest Detail Verified: Received From: ?At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Recfred ID Checked ? Property Auction Manifest IPIROPERr'Y Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 10 Rwm.com EAGAN, MN 55118 Line Your Reference Numbers H98 Qty. Description Case ID # Serial # PR Bar Code (SKU) 1 Diamond and Gold Key (3JNY) 06-2326 1 1 Lighted Christmas Sleigh (IXN4) 09-0019 99 1 Alpine AM/FM?CD Car Stereo (3POU) 06-5245 100 1 Portable DVD (3POC) 06-5245 101 1 Snowboard (JFXA) 09-2065 102 1 Snowboard (JFXC) 09-2065 103 1 Mickey Mouse Watch (3P30) 06-5441 104 1 Polaroid Close-up Camera System 105 1 Wireless Recording System 106 1 Panasonic VHS Omnivision 107 1 Alpine CD Car Stereo (3H6Y) 07-0215 108 2 Pioneer Car Stereo (3H70) 07-0215 Manifest Detail Verified: Received From: ? At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Re47red ID Checked ? Property Auction Manifest PROPERTY Name or Department: EAGAN POLICE DEPARTMENT Date 7/1412009 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 11 RW- M.C M EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 109 2 Pioneer Car Speakers (3H5S) 07-0215 110 1 Sub Zero Brand Sub Woofer (3H76) 07-0215 111 1 Infocus LCD Projector 112, 1 Identi-Kit Advanced Facial Composite System 113 1 Identi-Kit Advanced Facial Composite System 114 1 Identi-Kit Advanced Facial Composite System 116 10 CD Holders 117 1 Microsoft Zune MP3 Player (IXSK) 07-7520 118 1 Ipod Nano (IXSI) 07-7520 119 1 Apple 8G lpod(IXSG) 07-7520 120 1 Ipod AV Connection Kit (IXSE) 07-7520 Manifest Detail Verified: Received From: ?At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Re47red ID Checked ? Property Auction Manifest ~~P~~ Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 12 l1. WM EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 121 1 Bose Ear Buds (426Q) 07-7523 122 1 Samsung Bluetooth Earpiece (426S) 07-7523 123 1 Motorola Earpiece 07-7523 124 1 Ray Ban Sunglasses (426W) 07-7523 125 1 Creative Zen MP3 Player (426Y) 07-7523 126 2 Watches: 1 Guess and I Shivas (4274) 07-7523 127 1 Chis "Humor" Planter (4270) 07-7523 128 6 PS 2 Games (4275) 07-7523 129, 1 Nortech Media DVD Player (4280) 07-7523 130 1 Elain Pocket Watch (4286) 07-7523 131 1 Audio Power Booster (4288) 07-7523 132 1 Black Carring Case (428E) 07-7523 Manifest Detail Verified: Received From: ?At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Re4Jred ID Checked ? Property Auction Manifest PROPEIRTY Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 13 RW ~GOM EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 133 1 PS 2 Game - Guitar Hero II (428E) 07-7523 134 1 Pioneer TS-X7 Speakers (428G) 07-7523 135 1 S eaker Box - 2 Pioneer Subs 428Q 07-7523 Bicycle Inventory 136 1 26" Boys Green Magna 08-6376 137 1 26" Boys Green/Purple Free Spirit Classic 08-6409 138 1 20" Orange/Yellow and Black 08-6457 139 1 26" Boys Roadmaster MT Fury Red w/Blue Stickers 08-6670 140 1 26" Girls Free Spirit Cliff Hanger White Mt Bike 08-6922 141 1 26" Girls Huffy Rock Trail Green 08-6953 142 1 26" Boys Magna Orange/White 08-7044 143 1 26" Girls Huffy Stacker LX2 Black 08-5998 Manifest Detail Verged: Received From: ?AtPick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Refired ID Checked ? Property Auction ManifestName or Department: EAGAN POLICE DEPARTMENT Date 7114/2009 F1RcPER'rY Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 14 RW- M.COM EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 144 1 20" Boys I speed Brown 08-7394 145 1 26" Boys Specialized Hard Rock Green 0-8390 146 1 20" Boys Schwinn Red 08-8147 147 1 6" Boys Aluminum Comp Blue/Silver 09-0033 148 1 26" Boys Magna Great Divide Black/Red 09-0160 149 1 26" Boys Mongoose DXR Chrome/Black/Red 08-7183 150 1 26" Boys Magna 15 Speed Red 09-1082 151 1 24" Boys Magna 21 Speed Yellow 0-9886 152, 1 20" Boys Haro Function FS Blue 09-0914 153 1 20" Boys Next Wipcat Motorcross Red 09-1827 154 1 16 Boys Huffy Rock IT Red 09-1850 155 1 26" Girls Guant Sedona Gray/Blue 09-2121 Manifest Detail Verified: Received From: ? At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Recpred ID Checked ? Property Auction Manifest ].ROP1?IRI'Y Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 ((~~'~(Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 15 ~~M.WM EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 156 1 20" Boys Huffy Torsion Chrome 09-2157 157 1 24" Girls Shwinn 21 Speed Dark Pink/White 09-2223 158 1 20" Boys Trek BMX Sub Chrome 09-2303 159 1 20" Boys Rallye Warp Blue 09-2434 160 1 20" Boys Haro F2 Series Red w/Black Front Fork 09-2446 161 1 24" Boys Next Power Climber Mt Bike Blue/Silver 09-2470 162 1 26" Boys Magna 12 Speed Black/Red 09-2637 U 163 1 26" Boys Huffy Superia Green 09-2742 164 1 24" Boys Roadmaster MT Storm Blue/Grey 09-2824 165 1 20" Boys Next Red 09-2880 166 1 20" Boys Mongoose Green 09-2982 Manifest Detail Verified: Received From: ? At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check RecOred ID Checked ? Property Auction Manifest j~~j Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 ~p('~ 1 11,Oj~ER'J1 Y Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 16 I WC M. WM EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 167 1 26" Girls Murray DeHa Red 09-2991 168 1 26" Boys Free Spirit Grand Peak Black 09-3056 169 1 20" Boys Next Turbo Grey/Yellow 09-3177 170 1 26" Boys Magna 15 Speed Green 09-3178 171 1 26" Girls White 09-3646 172 1 28" Boys Trek 7300 Brown 09-3572 173 1 20" Boys Mongoose Blue 09-3700 174 1 26" Boys Schwinn S25 Black/Blue 09-3751 176, 1 20" Boys Fugitive Blue Painted Gold 09-3952 176 1 26" Boys Murray Mountain Scene Blue/Black 09-3967 177 1 26"Boys Next Power Climber Blue 09-4089 Manifest Detail Verified: Received From: ?At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Reared ID Checked ? Property Auction Manifest Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 17 IM.COM EAGAN, MN 55118 v Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 178 1 20" Girls Quest Sea Snails Pink/Purple 09-4178 179 1 24" Girls Magna Mnt Bike Silver/Purple 09-4201 180 1 24" Boys Magna XL2 Blue/Red 09-4189 181 1 27" Panasonic BoysSport 1000 Red 09-4242 182 1 16" Boys Magna Torch 09-4382 v/ Manifest Detail Veried: Received From: ? At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Refired ID Checked ? Property Auction Manifest Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 11OPER']i'Y Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 18 ~~M .COM EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) New and Additional Items Added to Corresponding Line # 58 1 Pentax ZX-M Camera s/n 3759630 58 1 Tamron 28-80 MM Lens s/n 165610 59 1 Pentax P220 Camera s/n 6514297 59 1 Pentax 28-80MM Power Zoom Lens s/n 3776312 60 1 Pentax P30T Camera s/n 6432340 Asset #4397 60 1 Tamron 28-70MM Lens s/n 38003778 60 1 Vivitar 283 Flash s/n 3304490 61 1 Nikon N2000 Camera s/n 3350862 Asset #2728 61 1 Vivitar 28-70MM Macro Zoom Lens s/n 90062059 Asset #272 61 1 Vivitar 550 FD Flash With Duo Sync Cord s/n 0111846 Asset #2730 Manifest Detail Verified: Received From: ?At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Re4Jred ID Checked ? Property Auction Manifest Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 MOPMTY Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 19 F-., M.CUM EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 61 1 Tamrac Bag asset #2738 62 1 Pentax 35MM Camera 2X-M sin 3759628 62 1 Tamron 277D 28-80MM Lens sin 165333 63 1 Pentax P30T Camera sin 6830953 Asset # 4396 63 1 Tokina SZ-X 35-70MM Lens sin 8820874 64 1 Pentax P30T sin 6830956 Asset # 4377 64 1 Tokina 28-70MM Macro Lens sin 8613115 65 1 Canon EOS 650 sin 1895551 Asset # 4166 65 1 Tokina 28-70MM Lens sin 9102709 65 1 Vivitar 550 FD Flash sin 9044086 Asset #2259 67 Ricoh KR-30sp Camera sin 92306778 Asset # 01622 Manifest Detail Verified: Received From: ? At Pick Up Driver Acceptance: At Processing Center (PR Count Final; discrepancies-will be reported promptly). ID Check RecJred ID Checked ? Property Auction Manifest ~~P~~,~ Name or Department: EAGAN POLICE DEPARTMENT Date 7/14/2009 Pickup Address: 3830 PILOT KNOB ROAD Pg. Number 20 W. M.I1..lf EAGAN, MN 55118 Line Your Reference Numbers # Qty. Description Case ID # Serial # PR Bar Code (SKU) 67 1 Tonkina 28-70MM Lens s/n 8612160 68 1 Vivitar 28-70MM Macro Focusing Zoom sin 91033489 68 1 Vivitar 28-70MM Macro Focusing Lens sin 99082070 69 1 NEW ITEM Nikon N2000 Camera sin 3325396 Asset # 2256 69 1 NEW ITEM Vivitar 28-70MM Macro Focusing Zoom Lens sin 9812590, 70 1 Samyang Auto Zoom Lens sin 916501 1 1 1 Manifest Detail Veried: Received From: ? At Pick Up Driver Acceptance: ? At Processing Center (PR Count Final; discrepancies will be reported promptly). ID Check Retired ID Checked ? Agenda Information Memo August 3, 2009 Eagan City Council Meeting M. Adopt resolution authorizing the issuance of $525,000 General Obligation Equipment Certificates of Indebtedness on August 18 ACTION TO BE CONSIDERED: Adopt a resolution authorizing the issuance of $525,000 in General Obligation Equipment Certificates of Indebtedness on August 18. FACTS: • In November 2007, the City Council adopted a long-term fire apparatus financing plan that utilizes a combination of tax levy and issuance of equipment certificates to address future fire apparatus needs. • These are the first equipment certificates issued pursuant to that financing plan. • Two engines that were delivered in June are being financed with the equipment certificates. • Due to the small size of the issue and to keep issuance costs to a minimum, a "mini competitive sale" will be held, in which Springsted, the City's financial advisor, will solicit bids from US Bank, Wells Fargo, and Anchor Bank. • The annual debt service requirement of approximately $80,000 per year is considered a special levy and is therefore outside of the State's levy limit computation. The first levy year will be payable 2010. ATTACHMENTS: • Draft resolution is attached on page vV> Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Eagan, Minnesota, was duly held in the City Hall, in said City on Monday, August 3, 2009, at 6:30 o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION TO ISSUE AND SELL $525,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2009A, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The City Council deems it necessary and expedient to issue and sell $525,000 General Obligation Equipment Certificates of Indebtedness, Series 2009A, to provide financing for the acquisition of equipment pursuant to Minnesota Statutes, Section 412.301 and Chapter 475. 2. The City will conduct a limited competitive sale of the Certificates and sealed proposals for such Bonds will be received until 12:00 o'clock Noon on Tuesday, August 18, 2009 at the offices of Springsted Incorporated. The City Council will meet at the City Hall at 6:30 o'clock P.M. on the same day for the purpose of considering the proposals and negotiating the sales of the Certificates. The terms of the Certificates and the sale thereof shall be substantially as set forth in the following Summary of Terms, which are hereby approved. sl SUMMARY OF TERMS $525,000 City of Eagan, Minnesota General Obligation Equipment Certificates of Indebtedness, Series 2009A Issuer. City of Eagan, Minnesota (the "City" or the "Issuer") Issue: $525,000 General Obligation Equipment Certificates of Indebtedness, Series 2009A (the "Certificates" or "Issue") Form of Offering: The City intends to offer the Certificates as a limited competitive sale. The Certificates are to be held for the account of the purchaser and not resold without the consent of the City and bond counsel. Sale Date and Time: Proposals for the Certificates will be received on Tuesday, August 18, 2009, until 12:00 Noon, Central Time. Award of the Certificates: The Certificates are expected to be approved by the City Council by resolution adopted on Tuesday, August 18, 2009. Bid Price: $525,000 (par) Dated Date: September 1, 2009. Expected Delivery: September 1, 2009. Principal Due: The Certificates will mature annually February 1, 2011 through February 1, 2019 in the following amounts: 2011 $40,000 2016 $60,000 2012 $50,000 2017 $65,000 2013 $55,000 2018 $70,000 2014 $55,000 2019 $70,000 2015 $60,000 Interest Due: Interest will be paid semi-annually each February 1 and August 1, commencing on August 1, 2010. Optional Redemption: The Certificates will not be subject to redemption prior to their stated maturity dates. Term Bonds: Proposals for the Certificates may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. CORPORATE OFFICE: SAINT PAUL, MN • Visit our website at www.springsted.com IOWA • KANSAS • MINNESOTA • VIRGINIA WASHINGTON, DC • WISCONSIN 40 3. The City has retained Springsted, Incorporated, an independent financial advisor, in connection with the sale as authorized by Minnesota Statutes, Section 475.60, Subd. 2(9), as amended. Adopted by the City Council on this 3d day of August 2009. The motion for the adoption of the foregoing resolution was made by Councilmember seconded by Councilmember , and upon vote being duly taken thereon, the following voted in favor thereof: and the following voted against the same: and the following were absent: WHEREUPON, said Resolution was declared duly passed and adopted the 3d day of August 2009. 2 ~l STATE OF MINNESOTA COUNTY OF DAKOTA ) SS. CITY OF EAGAN ) I, the undersigned, being the duly qualified and acting Clerk of the City of Eagan, Dakota County, Minnesota, hereby certify that the above and foregoing Resolution No. is a true and correct copy of the Resolution as adopted by the City Council of the City of Eagan on the day of August 2009. City Clerk fb.us.4278107.01 3 Consent Agenda Information Memo August 3, 2009, Eagan City Council Meeting CONSENT AGENDA: N. Approve application for transfer of federally forfeited property ACTION TO BE CONSIDERED: Approval of an application for transfer of federally forfeited property. FACTS: • On 4/23/09, the Eagan Police Department assisted FBI in a narcotics related case. • As part of the case, the FBI seized $38,140. • The Eagan Police Department is entitled to a percentage of the $38,140. • The percentage the Eagan Police Department receives will be determined by a formula established by the FBI. • To be eligible for this forfeiture, the attached application needs to be signed by the Mayor and City Attorney. • The City Attorney has already signed the document. • Per the Comprehensive Crime Control Act of 1984, the agency receiving the property must use it for law enforcement purposes. ATTACHMENTS: Application on pages. (03 Date : 06/10/2009 Investigative Agency FBI U.S. DEPARTMENT OF JUSTICE Case Number : 245E-MP-68178-FF5 Application for Transfer of Federally Forfeited Property (For Use by United States Law Enforcement Agencies Only) 1. For Federal Use Only (For Additional Information - See Instructions) Asset ID : 09-FBI-004078 • All assets transferred must be used for the law Seizure Date : 04/23/2009 enforcement purpose stated in the requests. Seizure Number : 3480090037 Judicial District :Southern District of Iowa Deadline for submission of this request is sixty (60) days following the seizure. Case Type : Adoption = Joint FTI (Check One) • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single-asset, for reimbursing the federal share. II. Requesting Agency's Name and Address: Eagan Police Department 3830 Pilot Knob Rd Eagan, MN 55122 NCIC Code : MN0190800 Contact Person : Lt. Duane Pike Telephone Number : 651-675-5806 III. Asset Requested 0 Other Assets in this case (Attach List) Property Description: $38,140.00 U.S. Currency Serial Number: Request Type: =Item =X Cash/Proceeds 10D % IV. Specific Intended Law Enforcement Use Salaries Purchase of Equipment Purchase of Vehicles Place Into Official Use (If other than Cash) Other (Please Explain): V. Contribution (If any answerA thru E is yes, please provide details in Part VI) YES NO A. Did your agency originate the information leading to the seizure? B. Were any other assets seized under state law? C. Were extraordinary expenses incurred? D. Did your agency supply any unique or indispensable assistance? E. Are there any assets located in foreign countries associated with this case? F. How many hours were expended? C) hours Form DAG-71 Dec '90 Case Number: 245E-MP-68178-FF5 U.S; DEPARTMENT OF JUSTICE Application for Transfer of Federally Forfeited Property Page 2 VI. Additional Space for detailed answers. (Indicate Part to which answer(s) apply) (If more space is required, use a separate sheet of paper and attach) Attachment? II YES II NO VII. Certifications: The requester certifies that the above information is true and accurate, that the property transferred will be used for the law enforcement purpose stated, and that all monies received pursuant to this request will be deposited and accounted for consistent with applicable state laws, regulations, and orders. The requester agrees to report on the actual use of equitably transferred property upon request. The requester agrees to pay fees and expenses necessary to effect transfer of title not later than the time of transfer. The requester understands that if it is unable to pay the necessary fees and expenses at the time of transfer, the asset will be sold and the maximum percent of net sale proceeds will be awarded in lieu of the asset. Signature Please print name & title Date As legal counsel, I have reviewed this Application for Transfer of Federally Forfeited Property and I certify that the contact person identified in Part II has the authority to accept forfeited property and is the official to whom transfer documents and/or money should be delivered. e f .C ~ - `?/i Cs acv e, Signature Please pt name title l e~- Address: Phone Number: Form DAG-71 Dec '90 U.S. Department of Justice Federal Bureau of Investigation In Reply, Please Refer to June 10, 2009 File No. 2 4 5E-MP- 6817 8 -FF5 Eagan Police Department 3830 Pilot Knob Road Eagan, Minnesota 55122 Attn: Lt. Duane Pike Re: DAG-71 Asset Identification : 09-FBI-004078 Asset Description : $38,140.00 U.S. currency from Angel Ruiz-Ruiz and Aurelio Tapia-Lopez Seizure Number : 3480090037 Dear Lt. Pike: Your agency participated in a joint investigation with the Federal Bureau of Investigation (FBI) which resulted in the seizure of property for Federal Forfeiture. Your agency may, therefore, be entitled to an equitable transfer of that property, or a share of the property. The Comprehensive Crime Control Act of 1984, enacted on October 12, 1985, directs the Attorney General of the United States to ensure the equitable transfer of forfeited property to a state or local law enforcement agency. This transfer is to reflect generally the contribution of such agency participation directly in any of the acts which led to the seizure or forfeiture of the property. The agency receiving the property must use it for law enforcement purposes. To request the property, or a share of the property, please fill out the enclosed "Application for Transfer of Federally Forfeited Property" (DAG-71). This form should be submitted to the FBI at the address listed below within 30 days following the receipt of this letter. Your agency must agree to pay any expenses to transfer the title of this property and may be requested to pay some expenses pertaining to the seizure or forfeiture. You will be advised of all expenses you must agree to pay prior to being committed to taking the property. For further information regarding the Attorney General's authority to transfer forfeited property, see the Tariff Act of 1930 (Title 19, United States Code (U.S.C.), Section 1616) and the Controlled Substance Act (Title 21, U.S.C., Section 881(e)). W If you have any questions or need further assistance, please contact Asset Forfeiture Investigator (AFI) Sherry Ringham at the address listed below or by telephone at 612-376-3200. On any correspondence regarding this matter, please reference the Asset Identification Number which has been provided. Submit the attached form to: Federal Bureau of Investigation Attn: AFI Ringham 111 Washington Avenue South, Suite 1100 Minneapolis, Minnesota 55401 ?Note: The United States Marshals Service (USMS) will execute equitable sharing payments by Electronic Funds Transfer (EFT); notification of a deposit to your account will be by email confirmation. For questions regarding EFT implementation, please contact the USMS office in your region. Sincerely, Ralph S. Boelter Special Agent in Charge V By- K e A. Loven Chief Division Counsel Enclosures 2 C~-7 Agenda Information Memo August 3, 2009 City Council 0. FINAL PLAT (EAGAN SUBSTATION) - DAKOTA ELECTRIC ACTION TO BE CONSIDERED: To approve a Final Plat (Eagan Substation) to create one lot upon 0.63 acres located east of Lexington Avenue and north of Diffley Road opposite Daniel Drive, subject to approval of the Environmental Assessment. To approve an Environmental Assessment addressing the improvements to the Eagan Substation Plat and all related improvements to the electrical transmission system. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ? The unplatted property is zoned PF (Public Facility) and is located east of Lexington Avenue (CSAH 43) on the north side of Diffley Road (CSAH 30) at Daniel Drive. ? The Final Plat is associated with proposed improvements to the Eagan Substation located east of Lexington Avenue and north of Diffley Road opposite Daniel Drive. The improvements will accommodate an upgrade of a portion of the electrical transmission system servicing Eagan. ? The transmission line upgrade is being undertaken by Dakota Electric Association, Great River Energy, and Xcel Energy. The upgrade will provide a significant benefit to the availability and reliability of electrical energy services to the commercial and residential customers of Dakota Electric Association within the City of Eagan. ? Notice of the Environmental Assessment related to the transmission line upgrade was published in the EQB Monitor July 13, 2009, and the comment period expired July 27, 2009. A significant additional effort was made to contact all adjacent property owners notifying them of the proposed upgrade. No objections to the proposed upgrade have been received. ? The Environmental Assessment for the transmission line upgrade requires approval by the local governing unit, in this case the City of Eagan. ? Approval of the Final Plat is subject to approval of the Environmental Assessment for the transmission line upgrade. ATTACHMENTS (3)~: Location Map, page I- Final Plat drawing on page Project Map and Information Sheet on pages?( and Eagan Boundary Right-of-way Area a Park Are Location Map Parcel Area Building Footprint -ell Q 13€9 ® - - fa Qpa©® a d~ ~II c Q o 0 ~a~ p p D - ~~ra Q ( \p p 9 Ell 1 cA ~pA® 4 M© _ ~ 6 d g A~ e3 ad r q 0~ ~ g~4°q ~f9 ~ ©pPp6 p 0 d 0 q © Q °O 4Q ~ pS 12 D 0 a 6 fl ® TS ® © p Sub'ect Site ©p© P d ? © - ® U zy a Q b d Cs 406 a d o ~,3 - ..1 . L Q4 d a . c dC~g~ p o e ob0 0 e F- T- d . ~p a QQ' "6 C9 D a PD 6 e 0 9 p© 0 0 Pp 4 Q q p © 0 c ? p p~ 9e© O o p © a 0 o O Q a D 4 6f~ 7. © y 6 d d@ d 4 e . Q o a0 p 9 L'd a0 0 p 4 a q a a ©0~fl. 0 9 0 0 P q n d } 4 b © © ev © C~ Qc~ o ] P b Q O ° 9 6 q Q 6' c~ c J d , . - C9 - 0 © b b 0 q 6 ~o 00 - Q p q qq9= - P`~ 9- t ? C~a -L7 9 QdAIQ t3 .00 dd 0 0 b Q 1000 0 1000 2000 Feet Development/Developer: Dakota Electric Association Application: Final Plat Case No.: 23-FP-05-05-09 QN THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E City of Evan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S Community Development Dopartmant ~nON?' TOWNSHIP 21. RANCE 23 r` • E~ 200 E A G AN SUBSTATION ;S wMI -~-may- N8956'40'W wss....l oer 100.00 - - - - - - - - - - - - yl o-AwA¢ e1n umrv uaeaelr ly SITE-. -------------1mtlo-----------_ LOCATION MAP (NO SCALE) Ow ALL PFOaa~S ST MSE PRESENn: iNat penele D00uk AeeacblM. a uM.w(. ce00raN10 c.p.Nlan. an COIIIDL 4 EAOAM M 0x00 N (0e Ide.F9 Ox.iN prow1Y w1u.1.e F N° CFm1Y el OMSta. Stele al uMewt.. le .11: IM exln 00160 Ix1 el lM x01 10000 l..1 d b. 50000.x1 Ouw1w M Se01M 23. iexpy 21, <r4 a1 m U. _ .07 I00~ b. Y el Eegn. YM.wb. t qty YdN. 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RECEIVED MAY 2 7 2009 PROJECT MAP Existing Dakota Electric Association (DEA) ¦ Distribution Substation - - CSAH 26 Proposed Great River Energy (GRE) 69/115 kV Double Circuit Transmission Line Existing Xcel Energy i M 5 Existing Great River Energy Lone Oak t 69 kV Transmission Line Substation 115 kV Transmission Line 14 ® GRE Transmission Substation Proposed Xcel Energy (XE) mmum 115 kV Double Circuit Transmission Line 115 kV Single Circuit Transmission Line CSAH Existing DEA Yankee Doodle Substation } Existing Xcel Energy N 115 kV Transmission Line n N 69 kV Transmission Line GRE is rebuilding Xcel Energy 115 kV line 1 inch equals 0.5 miles to 115 kV Double Circuit from 345 kV Transmission Updated: May 15, 2009 Yankee Doodle Substation to Wescott Road A Xcel Energy Transmission Substation GRE's circuit will operate at 69 kV 0 Xcel Energy Distribution Substation Existing DEA Wescott Park Substation U") ,i co ~ _ a 1 ak.P Eagan-- . ~ _ 72 a r;: c i Rebuild Existing , s DEA Eagan Substation - • From 69 kV to 115 kV T 27N R 23W Inver CSAH 30 Rebuild Existing Xcel Energy 69 kV Line Grove to Single Circuit 115 kV Line Heights Existing GRE Pilot Knob Substation Existing Xcel Energy Wescott Substation Rebuild Existing Xcel Energy 115 kV Line a to Double Circuit 115 kV Line Zi T 27N R,22 CSAH 32 i _ )MCC c7 _a aKE Existln DEA I g 1 Lebanon Hills Substation A Yankee Doodle - Pilot Knob 115 kV System Upgrades GREAT RIVER ENERGYA G~E ~j XCeI EnergySM t- F- 0~1 GREAT RIVER ENERGY DAKOTA ELECTRIC ASSOCIATION XCEL ENERGY 12300 Elm Creek Boulevard 4300-2201h Street West 414 Nicollet Mall Maple Grove, MN 55369-4718 Farmington, MN 55024 Minneapolis, MN 55401 1-888-521-0130 1-800-874-3409 612-330-5893 www.greatriverenergy.com www.dakotaelectric.com www.xcelenergy.com Project Need Great River Energy (GRE), power supplier to Dakota Electric Association (DEA), and Northern States Power, doing business as Xcel Energy, have determined that the transmission system 1 . serving the City of Eagan service area requires upgrading to reliably serve growing electrical loads. A number of facilities in the area between Yankee Doodle Road and Diffley Road will be upgraded f h 41 to uniformly operate at 115 kV, including segments of transmission line from the Yankee Doodle f Substation south, through the Eagan Substation, to the Pilot Knob Substation. ' Proposed Project The project will be constructed in two phases (see map on back): 1) Great River Energy will rebuild approximately one mile of Xcel Energy's existing single circuit, 115 kV transmission line (currently operated at 69 kV) to a double circuit, 115 kV line (Figure 1) from the Yankee Doodle Substation south to Wescott Road. Xcel Energy will own the poles and one circuit that will operate at 115 kV and Great River Energy will own the other circuit that will operate at 69 kV to restore the 69 kV loop feed to the Wescott Park Distribution Substation. Figure 1 Typical 115 kV Double 2) Xcel Energy will construct a 115 kV line from the Pilot Knob Substation to the Eagan Substation Circuit Structure by: • Upgrading approximately 1.5 miles of Xcel Energy's existing single circuit, 115 kV "r < " r transmission (5525) line to double circuit, 115 kV line (Figure 1) from the Pilot Knob Substation to the intersection with Xcel Energy's 0703 line approximately mile east of Lexington Ave. • Upgrading approximately Y mile of Xcel Energy's existing single circuit, 69 kV transmission (0703) line to single circuit, 115 kV line (Figure 2) from the previously described intersection north to the Eagan Substation. The upgraded transmission lines will be constructed using steel poles approximately 70 - 80 feet tall and construction will be accomplished within the existing easements. The project will also include a new exit at DEA's Yankee Doodle Substation, rebuild of DEA's Eagan Substation from 69 kV to 115 kV, minor modifications to Xcel Energy's Lone Oak Substation, and a new 115 kV breaker at GRE's Pilot Knob Substation. Schedule Figure 2 Permitting/Right-of-Way Acquisition------------------------------------------------------Summer 2009 Typical 115 kV Single Circuit Line Construction---------------------------------------------------------------------------Fall/Winter 2009 Structure Line Energization---------------------------------------------------------------------------------Spring 2010 Contacts Peter Schaub Craig Knudsen Tim Lisson Great River Energy Dakota Electric Association Xcel Energy-NSP Sr. Field Representative Land Use Manager Sr. Land Rights Agent (763) 445-5976 (651) 463-6332 (715) 737-2513 pschaub@GREnergy.com cknudsen@dakotaelectric.com timothy.j.lisson@xcelenergy.com d--, 6/2/2009 Agenda Information Memo August 3, 2009 Eagan City Council Meeting P. CONTRACT 09-07, CITY WIDE STORM SEWER IMPROVEMENTS PHASE II IMPLEMENTATION OF 2007 STORMWATER MANAGEMENT PLAN ACTION TO BE CONSIDERED: Authorize Preparation of Plans and Specifications for Contract 09-07 (Phase II Implementation of 2007 Stormwater Management Plan - City-Wide Storm Sewer Improvements). FACTS: • An extraordinary rainfall event on July 7 and 8, 2000, significantly impacted the City of Eagan. Many areas in the southern portion of the City sustained severe flooding. Numerous homes were damaged with residents incurring substantial personal loss. In response, an evaluation of the July 2000 Super Storm and the City's storm drainage system serving the highly impacted areas was completed. As a result of the study, most of the areas impacted by this storm event were enhanced with storm sewer improvements to provide additional flood protection for properties in a similar storm event. • On January 17, 2006, the City Council approved the Stormwater Management Plan Update for the City of Eagan dated December, 2005. As a special component of this revised plan, the entire city was analyzed by using the highest rainfall intensity experienced in the July 2000 Super Storm. This additional scope of the study evaluated the existing storm drainage system in relation to the extraordinary rainfall event and identified those areas where flooding of structures could occur under similar conditions. Some general flooding may or may not have occurred as a result of the July 2000 Super Storm in these identified areas. • A separate report was prepared that studied the identified areas, listing potential improvement options and the effect on the level of protection that could subsequently be provided. A further refining of this analysis resulted in preliminary plans for storm sewer improvements in about half a dozen neighborhoods throughout the City of Eagan. • At the direction of the City Council, an Open-House Meeting was held on July 27, 2009, with the neighborhoods included in the study. The results of the study were presented, including a review of the details for each specific geographic neighborhood and options to address future storm impacts. Fourteen (14) residents representing eleven (11) properties attended the informational meeting. The residents provided significant dialogue and strongly supported the proposed storm sewer improvements. • In accordance with the previous storm sewer improvements constructed as a result of the July 2000 Super Storm, 100% of the cost of the work is proposed to be the responsibility of the City's Storm Sewer Trunk Fund. ATTACHMENTS: • Open House Attendance Sheet, page • Implementation Plan, attached without page numbers. 73 NEIGHBORHOOD MEETING City-Wide Storm Sewer Improvements Monday, July 27, 2009 City of Eajan 6:30 p.m. NAME ADDRESS 2. Say ker WO i Je, ~`~~C~ l wt; ~ r 3. 544L c?- ; 4~ \ 4. UN 1'Zk=;- NYJL 6. Gc r' .:J )C ° CsSti (J\a n r\o 1 a -7a ?1r-- )C wC)od QTY'. 7. `7fYa G~ 8. 9. q 1941 10. __o.W\ i~4 '-l [76 & { v Dr, 11. MA(Z(E 0%,/115-94311 > 12. 13. 14. 15. 16. 17. 18. 19. 20. G:\Forms\Sign-In Sheets\SIGN-IN.SHT & logo.doc Agenda Information Memo August 3, 2009 Eagan City Council Meeting 0. PROJECT 1005, DANIEL DRIVE SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 1005 (Daniel Drive - Sidewalk Improvements) and schedule a public hearing to be held on September 1, 2009. FACTS: • On July 15, 2008, the City Council directed staff to prepare a feasibility report to consider both narrowing of the street and the construction of a sidewalk along three (3) segments of Daniel Drive. • A resident petition signed by 15 property owners was received on February 11, 2008 which requested the narrowing of Daniel Drive and the installation of a sidewalk. The petition was received as part of Project 968 (Lexington Pointe Parkway/Daniel Drive Street Improvements). • In June 2008, staff completed a Traffic Study of Daniel Drive. The results of the traffic study were presented to the neighborhood and other interested parties at an informational meeting on June 26, 2008. Five (5) residents representing five (5) properties attended the informational meeting. • The developer of the Diffley-Marketplace provided $20,000 to the City's Major Street Fund specifically designated for safety improvements to alleviate traffic safety concerns raised by the Development. These funds may be expended according to the City's sole discretion. If the City has not approved a plan for safety mitigation measures related to the development by October 29, 2011, the balance of the traffic safety funds must be refunded to the developer. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, September 1, 2009. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. • Petition for improvement, pages -1 (p through -79- G i+ ?sad ~l~ ~7~3 2/7198 Neighborhood Petition As a resident who lives on Daniel Drive or utilizes Daniel Drive for vehicle purposes, we request the Eagan City Council to narrow the width of the street in the same manner as Denmark Avenue. This will allow a sidewalk to be installed without cutting into existing property and will also slow down traffic, which currently has a pattern of speeding down the length of the street. We believe this will increase traffic and pedestrian safety particularly with the incoming addition of an access way into a large retail development on our street. Name Address Phone/e-mail (optional) aldw 10, 11, ~w D 5 5 is } s. ai7r s u s 9 3 -7 avo /'c,/ 2/7/08 Neighborhood Petition As a resident who lives on Daniel Drive or utilizes Daniel Drive for vehicle purposes, we request the Eagan City Council to narrow the width of the street in the same manner as Denmark Avenue. This will allow a sidewalk to be installed without cutting into existing property and will also slow down traffic, which currently has a pattern of speeding down the length of the street. We believe this will increase traffic and pedestrian safety particularly with the incoming addition of an access way into a large retail development on our street. Name Address Phone/e-mail (optional) k.~~l~.~ I a~~,G~-~, Yzl.4 ~n~ ,fir (0 5~ -(.8~~05 ~5 07r~ D-rL (o 7 5_- `f 3(, la, rhlfu- ,c.67 r U_ Csrb1 a X51-- y 5y 1~( Ca 51-1452 -53 7Z 14 Agenda Information Memo August 3, 2009 Eagan City Council Meeting R. CONTRACT 09-17, 2009 CITY-WIDE STREETS SEALCOAT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 09-17 (2009 Citywide Street Sealcoat Improvements) in the amount of $232,634.44 to Pearson Brothers, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 09-17 provided for the sealcoating of 230,000 square yards of street and parking lot surfaces throughout the City as part of this annual street maintenance effort. In accordance with City Council concurrence in response to past residents' concerns, no cul-de-sac bulbs were sealcoated. • 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. Agenda Information Memo August 3, 2009 Eagan City Council Meeting S. CONTRACT 09-06, WETLAND BANK PLAN WANDERING WALK PARK ACTION TO BE CONSIDERED: Approve Plans and Specifications and Authorize Advertisement of Bids for Contract 09-06 (Wandering Walk Park). FACTS: • Minnesota Board of Water and Soil Resources Rules (MN Rules Ch. 8420.0700 to 8420.0760) provide standards for establishing and administering the state's wetland banking system, as authorized by MN Stats. §103G.2242. Subject to these rules, a Wetland Bank account holder may deposit or withdraw wetland credits to replace present or future wetland impacts. • On May 15, 2002, the City of Eagan established an account in the MN Wetland Bank when it bought 3.5 acres of credits at a 27.5-acre Wetland Bank site in Eureka Township, Dakota County. The City has withdrawn credits due to wetland impacts incurred by various improvements within the City. Presently, the City has 1.99 acres of Wetland Bank credits. • During a 2003 workshop, the City Council expressed interest in acquiring additional Wetland Bank credits. The 2007 Water Quality and Wetland Management Plan (WQWMP) prioritized completing a wetland assessment in parks and other dedicated open space to identify potential banking and mitigation sites within the City. After completing this inventory, two proposed Wetland Bank sites, one in Bridle Ridge Park and one in Wandering Walk Park, were suggested. • On May 6, 2008, the City Council directed a state-required Wetland Bank Plan application be prepared for its future consideration. Additional site analysis has since indicated soils at Bridle Ridge Park to be unfavorable for wetland creation, so staff developed plans only for Wandering Walk Park. • At a neighborhood meeting February 26, 2009 at the Daniel and Corinne Thill home, staff discussed the proposed project with residents adjacent to Wandering Walk Park. Despite blustery snowfall, 21 residents attended-representing between one-third and one-half of adjacent homeowners. The meeting's purpose was to provide residents the opportunity to guide staff's efforts to propose a plan that would be consented by the neighborhood and would fulfill the City Council's directive. • The proposed Wetland Bank site in Wandering Walk Park would provide about 3 acres of credits through berm construction, grading and soil compaction, and stormwater rerouting. If approved, all staff, consultant, and construction costs would be paid through the City's Lakes and Wetlands Program and the Water Quality Capital Improvement Plan. • On April 7, 2009 the City Council accepted the wetland bank application and authorized a 30- day public comment period before it made a decision whether or not to create a Wetland Bank site in Wandering Walk Park. • On July 7, the City Council approved the wetland bank application and authorized preparation of plans and specifications upon accepting the Findings of Fact issued by an interagency wetland technical evaluation panel. The Findings of Fact, required by state law, included recommendations to the City on the project. • With approval of the plans and specifications, construction of the site should be completed by November 1, 2009. 1q Agenda Information Memo August 3, 2009 Eagan City Council Meeting T. PROJECT 1016, AMES CROSSING ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 1016 (Ames Crossing Road - Street & Utility Improvements) and schedule a public hearing to be held on September 1, 2009. FACTS: • On April 21, 2009, the City Council received a petition from Matt Miller, Interstate Partners, the owner and developer of the Boulder Lakes Business Park and authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the utility and street improvements to connect the north and south portions of Ames Crossing Road to serve the development and the surrounding area in northeast Eagan. • The northern portion of Ames Crossing Road, south of O'Neill Road, was constructed in 2007 with the Novus Addition (Trinity School at River Ridge). The southern portion of Ames Crossing Road, north of Lone Oak Road, was completed in 2008 with the Boulder Lakes Business Park. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, September 1, 2009. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. gD Agenda Information Memo August 3, 2009 Eagan City Council Meeting U. WETLAND CONSERVATION ACT ACTION TO BE CONSIDERED: Adopt a resolution officially delegating decision authority to the Water Resources Coordinator for exemption, no loss, wetland boundary and type, and sequencing determinations in accordance with Wetland Conservation Act Rules. FACTS: • The Minnesota State Legislature adopted the Wetland Conservation Act of 1991 (WCA), which required the Board of Water and Soil Resources (BWSR) to publicize permanent rules and regulations pertaining to wetland alterations (MN Rules Ch. 8420, as amended). • The WCA requires a Local Government Unit (LGU) be designated to administer those permanent rules. • On September 7, 1993, the City of Eagan officially accepted responsibility as the LGU within the boundaries of Eagan. • On March 15, 1994, the City adopted a resolution officially recognizing its previous acceptance of responsibility as the LGU within Eagan. • The City is authorized by MN Rules Ch. 8420.0200, Subp. 2 to delegate decision authority for exemption, no loss, wetland boundary and type, replacement plan, and wetland banking plans with its staff. • On November 8, 2001, the City Council delegated decision authority for exemption, no loss, wetland boundary and type to the Water Resources Coordinator while retaining decision authority for replacement and wetland banking plans. • Effective August 8, 2009, revised WCA Rules require LGUs to delegate decision-making authority to staff through official resolution, rule, or ordinance. For final decisions made by staff, the LGU must establish a local appeal process that includes an evidentiary public hearing before appointed or elected officials. ATTACHMENTS: • Resolution, page gC RESOLUTION NO. CITY OF EAGAN A RESOLUTION REGARDING ADMINISTRATION OF THE WETLAND CONSERVATION ACT WHEREAS, the Minnesota State Legislature adopted the Wetland Conservation Act of 1991 (WCA), which required the Board of Water and Soil Resources (BWSR) to promulgate permanent rules and regulations pertaining to wetland alterations (MN Rules Ch. 8420, as amended); and WHEREAS, the WCA requires a Local Government Unit (LGU) be designated to administer those permanent rules; and WHEREAS, on September 7, 1993, the City of Eagan officially accepted responsibility as the LGU within the boundaries of Eagan; and WHEREAS, on March 15, 1994, the City adopted Resolution No. 94.18 officially recognizing its previous acceptance of responsibility as the LGU within Eagan; and WHEREAS, the City is authorized by MN Rules Ch. 8420.0200, Subp. 2 to delegate decision authority for exemption, no loss, wetland boundary and type, replacement plan, and wetland banking plans with its staff; and WHEREAS, on November 8, 2001, the City Council delegated decision authority for exemption, no loss, wetland boundary and type to the Water Resources Coordinator while retaining decision authority for replacement and wetland banking plans; and WHEREAS, effective August 8, 2009, revised WCA Rules require LGUs to delegate decision-making authority to staff through official resolution, rule, or ordinance. For final decisions made by staff, the LGU must establish a local appeal process that includes an evidentiary public hearing before appointed or elected officials. NOW THEREFORE BE IT RESOLVED, that the Eagan City Council hereby delegates decision authority for exemption, no loss, wetland boundary and type, and sequencing determinations to the Water Resources Coordinator. Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: Agenda Memo City Council Meeting August 3, 2009 CONSENT AGENDA: V. Tobacco License for Richa and Anuj Kohli, Go For It Gas, 4206 Nicols Road ACTION TO BE CONSIDERED: Approve a license to sell tobacco products for Richa and Anuj Kohli, Go For It Gas, 4206 Nicols Road. FACTS: • Richa and Anuj Kohli have purchased the Food & Fuel located at 4206 Nicols Road • The store will be operating under the name Go For It Gas. • All requirements of the application have been met and fees have been paid. • The Police Department conducted a background check and found no reason to deny the application. ATTACHMENTS: None. The application is available for review in the Administration Department. 8J Agenda Information Memo August 3, 2009, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - MARINKOVIC HOLDINGS, LLC ACTIONS TO BE CONSIDERED: The applicant is requesting approval of a Planned Development Amendment to change the retail use to office in the two-story building located at 1250 Yankee Doodle Road legally described as Lot 1, Block 1, Town Centre 100 Tenth Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ? A PD Amendment for a portion of the ground level in this building was approved for a retail use (Verizon Wireless) in 2008. That included some site and exterior building modifications. Verizon did not end up leasing the space and the improvements were never made. ? The owner is now requesting a PD Amendment for the property to revert back to the original office use, and eliminate the requirement to do the site and building modifications. ? The staff report identified dead landscaping around the pylon sign to be replaced. The landscaping was replaced on July 27, 2009, so this condition can be dropped. ? The Advisory Planning Commission held a public hearing on July 28, 2009 and did recommend approval. 60-DAY AGENCY ACTION DEADLINE: August 15, 2009 ATTACHMENTS (3): Location Map, pageg_ July 28, 2009 APC minutes, page ' Planning Report, pagesg through Eagan Boundary Right-of-way Location Map Park Area Area k Area Building Footprint hryr,. 8h i 4 r 4` 9 Subect Site l< U ° °1111 a ti~:JJ ,d O w:iV. U b Bob 000 .b, ( Q ~e V - / V o a r3 °d po 8 up© o~ D D p° pL 1 o ..t © 9 po 0 y Q_y o F 6 Q C7 [ a p e Q 0 _ o c~ ~ ~ to O © ~ a a m , t e~ p o a 4 o b o o. s a i ~ti b o rS d q p Q s 9 0.. 13 1000 0 1000 2000 Feet Development/Developer: Marinkovic Holdings Application: PD Amendment Case No.: 15-PA-07-06-09 N THIS MAP IS I 'RfENDED FOR REFERENCE USE ONLY E City of EaDal The City of Eagan and Dakota County do not guarantee the accuracy of this information and are b not responsible for errors or omissions. S Community Development Department Advisory Planning Commission July 28, 2009 Page 2 of 4 IV. PUBLIC HEARINGS A. Marinkovic Holdings Applicant Name: Marinkovic Holdings LLC Location: 1250-1252 Yankee Doodle Road; Lot 1, Block 1, Town Centre 100 Tenth Addition Application: Planned Development Amendment A Planned Development Amendment to change the retail use to office. File Number: 15-PA-07-06-09 Planner Dudziak introduced this item and highlighted the information preseted in the City Staff report dated July 22, 2009. She noted the background and histpry;; Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed; the public hearing and turned the discussion back to the Commission. 4 Member Filipi moved, Member Heaney seconded a motiQR ' to, recorlmend approval of a Planned Development Amendment to change the retail use; to office in this two-story building located at 1250 Yankee Doodle Road legally described as Lat;1,, Block 1, Town Centre 100 Tenth Addition, in the N'/2 of Section 15, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof'of.recording shall be provided to the City. The following exhibits, are required for the PD Amendment Agreement: • Site Plan • Building Elevations 2. A sign permit is'req'uiredprior to installation of any signs, and all signs are subject to the requirements of the CityCode 3. Dead and ,dar ag d plantmateriais shall be'replaced by September 30, 2009. A vote was taken. All voted in favor Motion carried: 7-0. t PLANNING REPORT CITY OF EAGAN REPORT DATE: July 22, 2009 CASE: 15-PA-07-06-09 APPLICANT: Marinkovic Holdings, LLC HEARING DATE: July 28, 2009 PROPERTY OWNER: Marinkovic Holdings, LLC APPLICATION DATE: June 16, 2009 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 1250-1252 Yankee Doodle Road COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to change the retail use to office in the two-story building located at 1250 Yankee Doodle Road legally described as Lot 1, Block 1, Town Centre 100 Tenth Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY This property is within the Town Centre 100 development. The two-story building was constructed in 1992: A Planned Development Amendment for a portion of the ground level was approved for a retail use (Verizon Wireless) in 2008, which included some site and exterior building modifications. Verizon did not end up leasing the space and the improvements were never made. The owner is now requesting a PD Amendment for the property to revert back to the original office use, and eliminate the requirement to do the site and building modifications. 8-7 Planning Report - Marinkovic Holdings, LLC July 28, 2009 Page 2 EXISTING CONDITIONS The 1.51 acre site is developed with a two-story office building. The southern portion of the lower level is currently occupied by a credit union which also provides drive-through service. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Eagan Promenade PD, Planned Development SA, Special Area East Best Buy PD, Planned Development SA, Special Area South Town Centre PD, Planned Development SA, Special Area Shoppes West Office PD, Planned Development SA, Special Area EVALUATION OF REQUEST Description of Proposal - Marinkovic Holdings is seeking to undo the 2008 retail use approval for and revert back to the office use. The 2008 approval for Verizon included building and site modifications designed specifically to accommodate that retail user. The improvements included creating a new storefront adding doors and windows to the west elevation, constructing a wing wall to screen the trash storage from the new storefront, installing new sidewalk and paved areas and relocating some landscaping. With no lease for Verizon, the owner does not intend for another retail use to occupy the space. Thus, the owner will not be implementing the building and site improvements specified in the 2008 PD Amendment. Compatibility with Surrounding Area - The proposed office use is the same use as has historically occurred on the site, and remains compatible with the surrounding area, which consists of a mix of office/service and retail commercial uses. Evaluation - The existing building does not meet required setbacks from Yankee Doodle Road. Existing landscape materials are generally in good condition, except for the shrubs at the base of the pylon sign, which are mostly unhealthy or dead. It the owner's responsibility to maintain the property and landscaping. Therefore, these dead and unhealthy plant materials should be replaced. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment for office use in this two-story building located at 1250 Yankee Doodle Road. A portion of the lower level is currently occupied by a credit union, and remaining portion of the lower level would no longer be 99 Planning Report - Marinkovic Holdings, LLC July 28, 2009 Page 3 designated for a retail use. The upper level is currently vacant. The surrounding area is a mix of retail and office uses. Modifications to the site and building that were intended to accommodate a retail use will not be done. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to change the retail use to office in this two-story building located at 1250 Yankee Doodle Road legally described as Lot 1, Block 1, Town Centre 100 Tenth Addition, in the N '/z of Section 15. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recorded shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan • Building Elevations 2. A sign permit is required prior to installation of any signs, and all signs are subject to the requirements of the City Code. 3. Dead and damaged plant materials shall be replaced by September 30, 2009. Eagan Boundary Right-of-way ¦ Para Location Map Park Area k Area Building Footprint n lu I ~ op ~ ~O Q L:r-- 1T Sub"ect Site E3 9 090 1/ .Q fir, s ao 000 ®e a® 07 o00 oo r n 6 tv5 Q Q on~~ Q Q ? ~ ? ~ r a~' ° 3TSo p p 0 to II~ ~T:'. ° ?o? R°^ o h n LJ? 13 BCD p lM9 ? ti ION 6 6 4 a -C.-J a-5 9 9 aV (m i . C7 ~ f e P o 0 ~ 0 6© 4 O: w f- O BO ® ~ ® d IQ 1000 0 1000 2000 Feet Development/Developer: Marinkovic Holdings Application: PD Amendment Case No.: 15-PA-07-06-09 N g gn THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of EQ~all The City of Eagan and Dakota County do not guarantee the accuracy of this information and are w s not responsible for errors or omissions. S Community Development Department Current Zoning and Comprehensive Guide Plan Land Use Map Marinkovic Holdings, LLC Planned Development Amendment 15-PA-07-06-09 Zoning Map ncr oe PD r° e Q LK PD P _ I 1 a'° PD D i Current Zoning: Location PD COUNTY DAD HO (YANKEE D IJ= ROAD) Planned Development _ 0 PD 1 CSC PD a D0 D©0 0®© C CSC 'A ee 8 ~ati+y ~ 6D0 0 600 1200 Feet Comprehensive Guide Plan I_ .e Land Use Map a _ . SA ' . SA SA D e / Location Current Land Use Designation: COUNTY ROAD NO (YANKS DODL ROAD) @ SA SA SA 7 Special Area C °a A SAQ SA In 1^ t}~^y Q 0 O SA tom H Q coo 0 000 1200 Feet Parch base map/rgation provided by Dakota County Land Survey Department Decmber 2005. N 11 1111/// Zoning Information maintained by City Staff. City of Eap W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S 72, h f 4171- • ~ Y 4~~r t ~ 1 1. Man ne u k jxk 1 z -1k, Il ~ YANKEE DOODLE RD. Ors]W4 I soxWUx ruu.c.unn emu r.uw ras]us mmwnm : S I I H. C. K 0 V R R I ...,.J -`m5iuwl J 1 I I ^ 11Ylful uf-W.,M1l4 ~l w~im s om w ~Ewll~ 1 N AS- tlap.w n¢SIDw IRni T 91 ~ { ~o msnw sw.wux w A s il` lr f\ S vms \r7 ~ ~ 7- S msrvw nos `l ~ LLJ su.uc oos.w ~ ~ w~ n °urt mu Q tmc°.,.wrs °crn oo mao sruawcwrs truiuw YOrs 1 liawuc RECEIVED JUN ' 6 20D9 wmrvw,vc, PZ®O® RECEIVED JUN 2 4 2008 ?2o''osEt '1'v rvl ~ (N A S Is B.C. I,LOV11 A R C R[ T E C QClnr ypyy DU llrclflll NPPIRC,R I'~ f f~lm . nc~m.ewcr A .rtM SEIYL qu~Pra ~ i~w~.u.a~.~r KIDII lNQ ~1bUfl P'W NS,WG NuYwu3lpl9YM pW v w Z wn e{ je cr Op Z (ry is 0 EXISTING NORTH ELEVATION N R«x - o~ - Q + Vr K,~. ti RECEIVED JUN 1 G 2009 PZ200 RECEIVED JUN242009 0u. el rww vms ° LrMFN4L05 3~`~aQgo ~EaF ~ I I I I I I~ ~ /~y IDrufnL ypl3 t I Y..rl- t+ni -.,ty ~u x K-• W es" P D Fi "'i~3.`+iv`.t.~?Y"`c=~':`F<'tY.vlt-.so- :I.:~Cti:, Yr fh U 5l`PIX9fC4 ~ ~ t?may o t 4. ~?:j vp- b k rt .Fr." c'...::.. f P 3- l YANKEE PLACE m m G 6 y C C m o z € VERIZON WIRELESS a k}:i~lB iBp E d[n~ ~s€` ~ ~ frj'`~g ~I1 F j F~ 3S n' ® E' ~ ; ° gF a ' ~ ~ _ ~ - EAGAN MN !€,Il~?~~;tl( CC y $ e ! & ! (41(1 t~t~t ~r~' €to-lt`s`r'{ ?E."` H o x i 1250 YANKEE DOODLE BD. IT,jt~p ® e _ EAGAN, MINNESOTA 55121 C1 'ra! '~(7C P ?I T{SE.'r F 1F n ea DLL tx/,~/r~/r - C/,r,~/?US /~~C~ i"7AOt ,q I?&L Alb,r /3.11 MAGIC II.p. HLO~V6R /~'rC,C )if ,exsw.ui. s~rtc . ir,..z;a{ k!.-s ~ l/pwvlJ ` ~~'C.t'•Y"~ w1.;"r. '..r^,~' ,e~est msrvls AMA ' R~ f.. /ri ' ~L / u O , •,O1'~W T, I.L"9 o. W. NEu~ HEM umn wa umrt eioam CrnU 1 N r«~, ~u M 6 z o~ I HP PROPOSED NORTH ELEVATION x,,, >~-Ia 3 w Yawrw wlwlw swnavl ® f~ QQ arc<ouuars «.moe ~ ,Bless m,.lc - uu wsrvc / s f s uauraela T rc VVV ~ (f . - 1 Q ~ / O IPatn5ln tlNUiP6 ~ GrinG O ryou,o Ewa ~s,am , w.n.u s«nalrt w.nul„«m~al, e5 Ee~Ajew RECEIVED JUN 1 62009 PZ220 Sd"-" ti Lo wa(j {ie R CEIV D JUN 420D0 1 MARINKOVIC HOLDINGS 4851 SAFARI COURT NORTH EAGAN, MN 55122 PHONE: 651/994-0259 radovan@minnex.com Planned Development Amendment -May 29, 2009 Legal Description: Lot 1, block 1, Town Centre 100 Tenth Addition, Dakota County, Minnesota. Property I.D. Number (PID) # 10-77-05-90-1101; and # 10-77-90-1001 Written narrative: The building (the "Building') located at the property legally described above (the "Property') consists of a 2 story masonry and steel building with a finished lower level. A portion of the Building is leased by Bluestone Credit Union and a portion is leased by HOV Services, Inc. The remaining portions of the Building were recently leased by Edina Realty, but Edina Realty did not renew its lease and vacated its premises. On July 1, 2008, the Cityof Eagan (the "City') approved an amendment (the "Amendment') to the Eagan Heights Commercial Park Planned Development Agreement dated June 6, 1985 in response to a request submitted by the owner of the Property (the "Owner'). A copy of the Amendment is attached hereto as Exhibit A. The Owner requested the Amendment in order to change the zoning classification of the Property to allow Verizon Wireless to lease the premises in the Building previously leased by Edina Realty for use as a showroom, office space, and retail space, some of which uses were not allowed under the then existing zoning classification. The Owner also requested that the City approve the changes to the exterior of the Property depicted on exhibits attached to the Amendment. The Amendment approved the requested changes to the zoning classification and the requested changes to the Building. Verizon Wireless subsequently decided that it did not want to lease a premises in the Building. The Owner would therefore like to return the zoning classification of the Property to the classification that existed prior to the Amendment and to reverse all effects of the Amendment. The zoning classification prior to the Amendment was LB Limited Business District. The Owner of the Property has not made the changes, and has no desire to make the changes, to the Building described in the Amendment and depicted on exhibits attached thereto, nor has the Owner made any other changes to the exterior of the Building since the Amendment was submitted to the City. The drawings attached as Exhibit B depict how the Building and the Property exist today. Surrounding land uses and zoning within 600 feet: All of the property located within 600 feet of the Property is zoned as either LB Limit d\ Business District or CSC Community Shopping Center District. 2360444v1 RECOV E- -9 JKIN What impact does the planned development amendment have on surrounding property and land values: None. The Property will be used for the same purpose for which it has been historically used. What impact does the proposed development have on the subject property: None. The Property will be used for the same purpose for which it has been historically used. What impact does the planned development have on City services such as sewer, water, storm run-off and roads: None. No changes will be made. Does the requested land use proposed by the amendment result in a better use of the land: No. The use of the land will not change. Public Benefit of Proposed Amendment: The public benefit is the same as when the PUD Agreement was originally adopted. I f f))~vi,E a.~ t~%C )cic RECEIVED JUN 1 6 2009 ~ZS 2360444v1 ~,~yy f Agenda Information Memo August 3, 2009, Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT - BOULDER LAKES ACTIONS TO BE CONSIDERED: The applicant is requesting approval of a Planned Development Amendment to allow a parking lot of 250 stalls as the principal use on property located at 505 Shanahan Way, subject to the conditions listed in the APC minutes. The applicant is requesting approval of a Planned Development Amendment to extend the term of the agreement for 10 years, to 2019, on property located at 505 Shanahan Way, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ? The site is governed by a Preliminary Planned Development, approved in 2006 with a 5 year term. ? The development plan consists of 7 buildings totaling 662,000 square feet. ? The adjacent property at 3000 Ames Crossings Road is the only property developed to date with a 117,750 square foot building. ? The applicant proposes to utilize the subject property for 250 parking stalls to meet the parking needs of a proposed call center tenant who will occupy 45,000 square feet of the existing building. A total of 450 parking stalls is requested by the proposed tenant. ? The term of the lease is 10 years; therefore the applicant proposes the term of the PD be extended to coincide with the lease. ? The long range plan for the subject property remains a 34,000 square foot building. At the end of the 10 year term, the property will revert back to the original approvals for the site. ? The Advisory Planning Commission held a public hearing on July 28, 2009 and did recommend approval of both requests. 60-DAY AGENCY ACTION DEADLINE: September 14, 2009 ATTACHMENTS (3): Location Map, page /QO Draft July 28, 2009 AP minutes, pages/~ through ip:Ek Planning Report, pages through( Eagan Boundary Right-of-way Location Map Parcel Area Park Area txF; Building Footprint oho . Liam - 'fir rr~r• t G Sub'ect Site 0 C w w se 4Q _ o °o °o o 0 0 © .0 8 O e O ® B ® ~ o ® B O O O ~ Q lop am ~ S~J T ® ®@° 6 IFS S Q la° A O® ~ U-1 W-0 ae e0 B0 4 D 9- O p 1000 0 1000 2000 Feet Development/Developer: Eagan Heights LLC Application: Planned Development Amendment Case No.: 01-PA-08-06-09 /O0 N t1~} of g g~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E Mil of Ea art The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S Community Dovelopmenf Department Advisory Planning Commission July 28, 2009 Page 3 of 4 B. Boulder Lakes Applicant Name: Interstate Partners Location: 505 Shanahan Way; Lot 2, Block 1, Boulder Lakes Application: Planned Development Amendment A Planned Development Amendment to allow a parking lot as the principal use for a 10 year term. File Number: 01-PA-08-06-09 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated July 21, 2009. She noted the background and history:. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the" public hearing and, turned the discussion back to the Commission. There was discussion on the parking being requ(red by;the tenant of the building The length of the parking rights was discussed. City Attorney Gary Huusko explained that the parking rights would terminate with the fhrm of the Planned Development Amendment, which consists of 10 years from the year 2009. Member Heaney moved, Member Daley seconded a motion to recommend approval of a Planned Development Amendment to allowa parking lotof~50 stalls as the principle use on property located at 505 Shanahan Way, legally described as Lot 2, Block 1, Boulder Lakes, subject to the following conditions:" 1. An Amendment to the Planned' Development rerr's ement shall be executed and recorded against the property at the; Dakota C"ounty Roffice. 2. This Amendment is intended to 'supplement; and amend the existing Planned Development Agreement. All. other conditions and provisions of the existing Planned Development Agreement shall remain. in full fdree and effect. 3. Parking setbacks shall be provided in Saccordance with the City's zoning code. 4. Parking stalls shall be a"minimum of 9 feet in width and 18 feet in depth. 5. The parking pad shall be constructed as shown on the Site Plan received June 16, 2009. 6. A detailed Landscape Plan shall be submitted prior to the receipt of a Grading Permit, overlaid on the. grading plan and including a landscape schedule, planting specifications and notes, automatic irrigation and signature of a certified landscape architect. 7. A site lighting plan" shall be submitted prior to the receipt of a Grading Permit. Lighting fixtures shall be insistent throughout the development. Minimum light levels of 0.5 footcandles shall be provided in all parking lot areas, and light levels shall not exceed one footcandle at the property line. Average to minimum ratios within the parking lot shall not be greater than 4:1. 8. The applicant shall receive a Grading Permit prior to the commencement of any parking lot grading activates. 9. The future park and trail dedications for the development(s) shall be satisfied through a cash dedication, the method and timing of the calculation to be determined through consultation with staff. (payable at the time of building permit at the rates then in effect.) /0( Advisory Planning Commission July 28, 2009 Page 4 of 4 10. The applicant shall provide a parking easement/declaration between Lots 1 and 2, Block 1, Boulder Lakes for review and approval by the City Attorney. 11. No building permit for Lot 2, Block 1 (Building 4) shall be issued until the parking rights granted to Lot 1, Block 1 (Building 3) are extinguished or the developer submits a plan to the satisfaction of the City that it has provided adequate parking for Lot 1. A vote was taken. All voted in favor. Motion carried: 7-0. Member Piper moved, Member Filipi seconded a motion to recommend approval of a Planned Development Amendment to extend the term of the agreement to 2019 on property located at Shanahan Way, legally described as Lot 2, Block 1, Boulder Lakes.;;'% A vote was taken. All voted in favor. Motion carried: 7-0. V. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VI. OTHER BUSINESS City Planner Ridley stated a workshop is not needed in August, however he will notify the Advisory Planning Commission if the need; arises. VII. ADJOURNMENT Member Filipi moved, Member Heaney seconded a;motio t<i:o adjourn the Advisory Planning Commission meeting at 6:.53: p,m, A vote was taken. All voted in favo.r_? Motion carried 7-0. Respectfully Submitted by Tom Heaney APC Secretary Camille Worley Recording Secretary, PLANNING REPORT CITY OF EAGAN REPORT DATE: July 21, 2009 CASE: 01-PA-08-06-09 APPLICANT: Eagan Heights LLC HEARING DATE: July 28, 2009 PROPERTY OWNER: Interstate Partners APPLICATION DATE: June 16, 2009 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 505 Shanahan Way COMPREHENSIVE PLAN: Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approvals of- • Planned Development Amendment to extend the term of the agreement to 10 years; and • Planned Development Amendment to allow a parking lot of 250 stalls as the principle use. The above requests pertain to property located at 505 Shanahan Way, legally described as Lot 2, Block 1, Boulder Lakes. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUNDIHISTORY A Preliminary Planned Development with a five year term was approved for this development in 2006 which includes seven buildings totaling 662,000 sq. ft. The approved use is office, with up f03 Planning Report - Boulder Lakes Parking Pad July 28, 2009 Page 2 to 30% warehouse space in the five single-story buildings and 100% office in the two 5-story buildings. A wetland replacement plan associated with the Preliminary Planned Development also was approved. As part of the Preliminary Planned Development application, this development (then called Lone Oak Business Campus) was reviewed by the APC in 2006. The property was platted in 1964 as Delaware Estates, a residential subdivision. It appears that the plat was later vacated, but the dedicated rights-of-way remain. In the early 1990s, Cray Research acquired the property and rezoned it to Planned Development. The property has been guided for retail, office, office/showroom and research and development since the City's first Comprehensive Guide Plan in 1974. In 2004, the City reaffirmed the O/S, Office/Service land use designation for this site. EXISTING CONDITIONS The site is part of a development that consists of several undeveloped parcels and contains numerous wetlands (including one DNR-protected wetland on the southeast corner of the site), scattered wooded areas, and a lake on the northern end. The northern 2/3 of the site is within the Shoreland Overlay District of DNR #19-54 (Shanahan Lake), a General Development waterbody. In 2007 a Final Planned Development was approved that allowed the construction of a 117,750 square foot building on Lot 1, Block 1, Boulder Lakes, which is adjacent to the subject property, where the call center tenant will be located. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single-Family home PD, Planned Development SA-O/S, Special Area - Office/Service South Single-family homes Agricultural SA-O/S, Special Area - Office/Service East Vacant/Single-family Agricultural Low Density Residential (Inver Grove Heights) (up to 6 units per acre) closest structure to Eagan border is -750' West Ecolab PD, Planned Development SA-O/S, Special Area - Office/Service EVALUATION OF REQUEST Description of Proposal - The applicant is proposing to construct a parking pad for 250 parking stalls on Lot 2, Block 1, as a primary use to provide the necessary parking for a prospective tenant who will lease out the remainder of the building (45,000 sq. ft.) on Lot 1, Block 1. According to the applicant's narrative, "The nature of their business is a call center and has a heavy parking requirement. They have asked for the use of 450 parking stalls". The long term plan for the site remains a 34,000 square foot building. tc~[ Planning Report - Boulder Lakes Parking Pad July 28, 2009 Page 3 The applicant also is proposing an amendment to the term of the existing Planned Development Agreement from the current 5 year term to a proposed 10 year term, to coincide with the call center tenant's parking needs for the term of their lease. Compatibility with Surrounding Area - The proposed parking lot affiliated with office and office/warehouse uses is compatible with surrounding development in Eagan, which has a zoning or comprehensive guide plan land use designation of SA-Office/Service or Office/Service. The adjacent property to the east in Inver Grove Heights is largely undeveloped, with a couple single- family homes. The IGH property is zoned Agricultural and has a land use designation of Low Density Residential (6 units/acre). Airport Compatibility - The City of Eagan considers airport noise as a factor in its Comprehensive Land Use Guide Plan and within the Zoning Ordinance. The Metropolitan Council has adopted an Aviation Chapter in its Transportation Policy Plan that anticipates the impacts from the continued operation of the airport at its current location. The current noise policy contours place this site within the buffer zone of Noise Zone 4. The Met Council has recently adopted new land use compatibility guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines, office and warehouse uses are considered compatible in this zone and parking lots associated with those uses as well. Bulk Standards - Parking - Dimensional Standards - The Preliminary Planned Development allowed for the deviation in parking stall dimension to be 9' x 18' stalls and drive aisles 24' wide, which is proposed. Green Space - Through the Planned Development, green space is proposed to be provided for the entire site rather than on a lot by lot basis. In the areas of the site outside the shoreland district, the minimum 25% green space would typically apply. Through the Planned Development, green space on individual lots may be less than 25% provided the entire development maintains at least a 25% minimum. The green space will be calculated at the time of the Final Planned Development for this site. Site Lighting Plan - A Site Lighting plan was not submitted with this Preliminary Planned Development. The Site lighting plan will be required with the Final Planned Development for each building and in this case, prior to release of the grading permit. Lighting fixtures should be consistent throughout the development. Site lighting is required for site security, safety and traffic circulation. Minimum light levels of 0.5 foot-candles should be provided in all parking lot areas. Light levels should not exceed 1 footcandle at the property line. In addition, site lighting should comply with the Illuminating Engineering Society of North America (2003) manual which suggests an average-to-minimum uniformity ratio not greater than 4:1. Landscaping - The City landscape ordinance requires that tree mitigation be provided in addition to required landscaping. Consequently, the Landscape Plan should stand alone and satisfy the landscape ordinance standards, absent any mitigation plantings. A Conceptual Landscape Plan has been provided, but lacks sufficient detail to determine compliance with the City's landscape Planning Report - Boulder Lakes Parking Pad July 28, 2009 Page 4 ordinance. Also, the Tree Mitigation Plan has not been submitted, and that must be satisfied before determining landscape compliance. The Preliminary Planned Development conceptual landscape plan generally identifies overstory, ornamental, and evergreen trees; shrub massings and prairie grasses and wildflowers. For this scale of conceptual plan, foundation plantings were omitted. Overstory trees are shown along the new north-south public street, along the private access drives and in parking lot islands. Shrub massings are located near ponding areas. A more detailed landscape plan will be required at the time of Final Planned Development for each lot/building and in this case, prior to release of the grading permit. Landscaping should be in addition to required mitigation. Each Final Landscape Plan should include a planting schedule, planting specifications and notes, automatic irrigation, and be signed by a certified landscape architect. Grading/Storm Drainage - The property was mass graded with the adjacent development; however a detailed grading plan associated with the parking lot construction must be submitted. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer.. Access/Street Design - Public street access is via a private street which connects to the new public collector roadway (Ames Crossing Road). SUMMARY/CONCLUSION The applicant is proposing the primary use of the property to be a parking lot for a tenant of a building on the adjacent property. The nature of the business is as a call center which necessitates a higher parking requirement than most office/warehouse tenants. The applicant also proposes to amend the term of the Preliminary Planned Development Agreement from 5 to 10 years to coincide with the lease of this tenant space. The long term plan for the site remains a 34,000 square foot building. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to extend the term of the agreement to 10 years on property located at Shanahan Way, legally described as Lot 2, Block 1, Boulder Lakes. To recommend approval of a Planned Development Amendment to allow a parking lot of 250 stalls as the principle use on property located at 505 Shanahan Way, legally described as Lot 2, Block 1, Boulder Lakes. If approved, the following conditions should apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. /UP Planning Report - Boulder Lakes Parking Pad July 28, 2009 Page 5 2. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. 3. Parking setbacks shall be provided in accordance with the City's zoning code. 4. Parking stalls shall be a minimum of 9 feet in width and 18 feet in depth. 5. The parking pad shall be constructed as shown on the Site Plan received June 16, 2009. 6. A detailed Landscape Plan shall be submitted prior to the receipt of a Grading Permit, overlaid on the grading plan and including a landscape schedule, planting specifications and notes, automatic irrigation and signature of a certified landscape architect. 7. A site lighting plan shall be submitted prior to the receipt of a Grading Permit. Lighting fixtures shall be consistent throughout the development. Minimum light levels of 0.5 footcandles shall be provided in all parking lot areas, and light levels shall not exceed one footcandle at the property line. Average to minimum ratios within the parking lot shall not be greater than 4:1. 8. The applicant shall receive a Grading Permit prior to the commencement of any parking lot grading activates. 9. The future park and trail dedications for the development(s) shall be satisfied through a cash dedication, the method and timing of the calculation to be determined through consultation with staff. (payable at the time of building permit at. the rates then in effect.) 10. The applicant shall provide a parking easement/declaration between Lots 1 and 2, Block 1, Boulder Lakes for review and approval by the City Attorney. 11. No building permit for Lot 2, Block 1 (Building 4) shall be issued until the parking rights granted to Lot 1, Block 1 (Building 3) are extinguished or the developer submits a plan to the satisfaction of the City that it has provided adequate parking for Lot 1. /07 Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint Sub"ect Site . w C WAMW w R' 4a o 90 m c a a o s • so 1 ~ 'i +'gr v I a R`~~'Y ~a w 9 1000 0 1000 2000 Feet Development/Developer: Eagan Heights LLC Application: Planned Development Amendment Case No.: 01-PA-08-06-09 / V? N THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E City of Ealan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S Community Development Department Current Zoning and Comprehensive Guide Plan Eagan Heights LLC Land Use Map Planned Development Amendment 01-PA-08-06-09 Zoning Map Location PD Current Zoning: J(~-/l) PD Planned Development PD PO C.S.A.N. NO. 26 LOME OAK RD.) 5KN,,yWy" PD , NO. 55 .B B Q , e.. 0 a" 12" Feet Comprehensive Guide Plan Land Use Map SA SA Location SA Current Land Use Designation: SA SA Special Area 0.5.A.0. NO. 26 LONE OAK RO. 1 ~ b • m © p J m SA 0 m ~ O'S R® UNK MWY. MO. . . 0 SA- L[ ss o C@ O DIS m O 600 0 60o 100 Feet Pare.i bas map information provided by Dakota County Land Survey Department 0-b., 2005. N Zonln0 l01ormat$e0 maintained by City Staff. Cif of Dian l/o W E 170H(S MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S F t L AERIAL f rte` 21, 1 •e t'~ ~a,.r Y.I. - `f-___1` E'er F LL 1 _ r' ~ "Cc iqo; ru~A Z' 5 46 •@_i3:i: a y~ !~t,~c. k 4' ~ r ke y y _ k c ,.yi+• {vP'~.f'^.r°" . .i•~~~~ppii ; ti 1 ~ ~ ~ 'fit ~,1' I *NA BUILDING 6 ? spi FR CF? CURB CUT FOR FUTURE CONSTRUCTION-S 2423 STORMWATER $ AMES CROSSING ROAD ; , - POND a2 (SEE CIVIL) nan _ - MODULAR BLOCK - --1 ~t RETAINING WALL i d a fry -1 1= I 44_~UIL~I~(i5E BSCKl I I I _32_ ..~1J1iYl I III I ' 2`' - r C \ 6! I t. k; , ! ! I -RAINGARDEN I 21 BUILDING 3 FUTURE t O ` `4T:•, BUILDING 7 1 71ill 111 13 2•- 2322 i... r ~kRt V/ n2 Ub~ l.(} %j 1 /t4 1177 ~ = , ~ \t7 \ U331 12 BUILDING 4 DINr LAKE AREA ON 51T 3B 577 SP I LAKE AREA ON SITE 300 5F 250 PARKING SPACES 116, 20' BVILDI SETBAC J .37 ACRES b 12 : - -------Y~aRNNC~-€r - N nSITE PARKING OPTION ONE BOULDER LAKES - ALLIANCE ONE e Interstate Partners uc A R C MCO C i EAGAN, MINNESOTA 6-8-09 RECEIVED JUN 1 6 2009 a t Interstate Partners LLC 500,Jackson Street J Suite 200 J St. Paul, MN 55101 Tel: 651.406.8050 Pax: 651,406.8628 interstatepartners.cont June 22, 2009 Mr. Mike Ridley City of Eagan 3830 Pilot Knob Road Eagan, MN 551.22 RE: Boulder Lakes Business Park Planned Development Amendment Dear Mike, Enclosed please find Interstate Partners LLC's completed Planned Development Amendment Application. We are currently working with a prospective tenant for the remainder of space remaining at Boulder Lakes III (approximately 45,000 SF). The nature of their business is a call center and has a heavy parking requirement. They have asked for the use of 450 parking stalls which is more than what can be provided to them today in the Boulder Lakes III parking lot. Interstate Partners is requesting city staff and the City Council to grant us approval to construct the neighboring lot (Building IV's pad site - 505 Shanahan Way) for parking of approximately 250 vehicles as illustrated on the attached Exhibit A for a period of 10 years. The subject lot is part of the larger PUD known as Boulder Lakes Business Park with an underlying zoning classification of Research & Development. The property borders City Pond FP-9 to the East and Boulder Lakes III to the West. Construction of both the tenant improvements and the additional parking lot would commence this summer and be completed this fall. It is still our long-term plan to construct a 34,000 SF building on the site. We are requesting an amendment to the existing planned development for a term of 10 years to facilitate this tenant's parking needs for the term of their lease. This request should not adversely affect the timing of construction of Building IV because it is our intent to construct both buildings I & II along Lone Oak Road before construction would begin on any of the back lots. In fact, with approval of this request and finalizing the lease with the tenant, we will be in a position to construct Building I, which we have already received city approval for. The parking lot improvements that will be installed can almost all be re-used for the Boulder Lakes IV building when constructed. We appreciate your time and attention to this matter and we look forward to discussing this in further detail at the July Planning Commission meeting. In the meantime, if you have any questions, plea not hesitate to contact me. pop& RECEIVED JUN 2 2 2009 Sincerely, Interstate Partners LLC 'Matthew L>Miller Development Manager f n Agenda Information Memo August 3, 2009 Eagan City Council Meeting C. Approve 2010 Civic Arena budget, 2009-10 season rates, and purchase of 2010 capital outlay items. ACTIONS TO BE CONSIDERED: 1) Approve the 2010 Civic Arena budget, including 2009-10 season rates 2) Authorize purchase of 2010 capital outlay items in 2009 FACTS: • By tradition, the Civic Arena budget is presented in advance of other 2010 budgets as operations are run on a fiscal year beginning September 1 to match the seasonal nature of ice rental. • As presented, the budget is balanced. It provides for an appropriate amount of renewal and replacement funds as well as annual debt service. • The Civic Arena is supported entirely by user fees; operations are not subsidized by property taxes or other revenue sources. • The proposed budget is based on a $5 increase in the prime-time hourly rates. The high school rate increases to $180 and the hockey association rate increases to $175. • The non-prime-time rate is proposed to remain at last year's level of $112/hour. • The following staff members were involved in the review of proposed rates, revenue estimates and expenditure requests: City Administrator Hedges, Director of Parks & Recreation Seydell Johnson, Director of Administrative Services VanOverbeke, Superintendent of Operations Mesko, Campus Facilities Manager Vaughan, Budget Analyst Nicklay, and Chief Financial Officer Pepper. • Due to the September start of the operating year, the Council has traditionally authorized purchase of Civic Arena capital items prior to January 1. ATTACHMENTS: • Budget information presented in budget book format is on pages l~- through • A comparison of ice rental rates of neighboring cities is on page Irl • A summary of capital expenditures is on page • An analysis showing. operational and capital expenditures and related cash balances is on page I lty of Eapll 2010 Proposed Budget Operating Budget Civic Arena Responsible Manager: Juli Johnson, Director of Parks & Recreation PURPOSE & DESCRIPTION The purpose of the Civic Arena is to: • Provide a positive environment for residents and guests of all ages to gather. • Encourage and help build a sense of community through a wide range of recreational and social opportunities. • Provide a high level of service, accessibility and professionalism to expand revenue options to ensure the viability of this resource to the community. The Civic Arena is responsible for the following functions: • Provide a wide variety of ice and dry floor related recreational opportunities for the public to enjoy. • Capture a high level of revenue to offset operational costs, debt repayment and expand the retained earnings capacity to accommodate future growth and expansion. • Protect the city's community investment by maintaining the integrity and value of the building and its amenities. • Create a welcoming atmosphere and solicit input from users to best determine how to meet existing needs and identify future growth opportunities. • On-going analysis of existing operation and research to find ways to expand the opportunities offered year round in order to maximize the capital investment. PERFORMANCE INDICATORS 2007 2008 2009 2010 Description Actual Actual Estimate Target Participants in skate school program 1,790 1,759 1,750 1,750 Summer hockey rental hours (June 15-Aug 31) 859 956 1,000 950 Adult league team registrations 42 62 40 55 Dry floor events 8 5 5 5 Prime ice rental hours (Oct 15 - March 15) 3,204 3,170 3,100 3,100 City of Evan 2010 Proposed Budget Operating Budget Civic Arena Responsible Manager: Juli Johnson, Director of Parks & Recreation Reserve for HIGHLIGHTS & CHANGES R&R Expenditure by Category Personal Overview: The Civic Arena is proposing very few 4.9% Services changes from the 2009 budget. Budget expenses 47.3% are decreased by $1,100, or 0.1%. It is anticipated Debt that an inflationary increase in the prime-time ice service Parts and rental rate will offset a reduction in other program- 13.6% ~~~Ili~ Supplies ming revenue due to the current economy. 5.6% Merchandi Services The Civic Arena continues to take an aggressive se for and other approach to reserving space in the building whether Resale Charges it's ice or dry floor use. The enhancements made to 3.4% 25.3% the mezzanine for expanded rental opportunities are beginning to show some return, albeit slow. The niche at the present time appears to be meetings and events that are staff related or requests that cannot be accommodated at the ECC. The use by figure skaters is expected to grow as the synchronized skating program and Ice Crystals club expands under the direction of a new skate school coordinator. Focus for the skate school and ancillary programs will be the benefits of a lifelong activity that can incorporate fitness and strength. In general the 2010 budget is projected to maintain the high level of service to renters and guests in the building while closely monitoring the expenses to ensure the long-term viability of this facility. Highlight/Change 1: The prime ice time rental rate is proposed to increase $5 per hour to $175 per hour for the hockey associations and $180 for the high schools to remain within the market range of surrounding communities. Financial Impact: Revenue increase of approximately $10,000. Service Level Impact: The Civic Arena remains highly competitive in the ice rental market compared to surrounding communities and continues to maintain the highest level of service while preserving a strategic place in the market. Highlight/Change 2: The non-prime ice time and dry floor rates are unchanged to maintain high usage of the facility. These rates have not changed in several years. Financial Impact: Non-prime revenue maintained at prior year levels. Service Level Impact: The lowest non-prime rate in the area keeps utilization high. EXPENDITURE SUMMARY Actual Actual Budget Budget Expenditure 2007 2008 2009 2010 Personal Services $ 382,983 $ 397,836 $ 439,100 $ 441,700 Parts and Supplies 60,222 55,986 56,600 52,100 Services and Other Charges 210,366 245,323 238,300 235,900 Capital Outlay 8,731 13,266 - - Merchandise for Resale 34,118 36,232 31,500 31,500 Debt Service 126,452 122,843 123,500 126,700 Reserve for Renewal & Replacement - - 46,000 46,000 Total $ 822,872 $ 871,486 $ 935,000 $ 933,900 Depreciation Expense 221,149 224,204 - - (AD 411~ My of Evan 2010 Proposed Budget Operating Budget Civic Arena Responsible Manager: Juli Johnson, Director of Parks & Recreation POSITION INVENTORY - Civic ARENA Personnel 2007 2008 2009 2010 Hours Campus Facilities Manager 0.67 0.67 0.67 0.67 1,394 Skating School Coordinator 1.0 1.0 1.0 1.0 2,080 Maintenance Worker (2 @ .5) 1.0 - - - - CF Maintenance Coordinator (5) - 0.50 0.50 0.50 1,040 Custodian - 0.50 0.50 0.50 1,040 Operations/Maintenance Worker 0.67 - - - - MOD - 0.67 0.67 0.67 1,394 Clerical Technician 0.20 0.20 0.20 0.20 416 Administrative Coordinator 0.33 - - - - CF Operations Coordinator - 0.33 0.33 0.33 686 Total 3.87 3.87 3.87 3.87 8,050 POSITION INVENTORY - CASCADE BAY Personnel 2007 2008 2009 2010 Hours Campus Facilities Manager 0.33 0.33 0.33 0.33 686 Maintenance Worker (2 @ .5 hrs.) 1.00 - - - - CF Maintenance Coord (5) - 0.50 0.50 0.50 1,040 Custodian (5) - 0.50 0.50 0.50 1,040 Maintenance Worker (1 @ .33 hrs.) 0.33 - - - - MOD - 0.33 0.33 0.33 686 Clerical Technician 0.40 0.40 0.40 0.40 832 Administrative Coordinator 0.67 - - - - CF Operations Coord - 0.67 0.67 0.67 1,394 TOTAL 2.73 2.73 2.73 2.73 5,678 2010 WORK PLAN Activity Routine '1 Respond to public comments or requests via phone or in person "L Daily maintenance of ice and cleaning of building '3 Manage the building infrastructure to ensure efficient, safe and clean environment '4 Develop promotional materials for facility '5 Recruit, hire, train and supervise temporary and part time employees '6 Provide work direction to ensure high level of customer service is maintained '7 Manage staff scheduling and training to meet the demands of the building '8 Provide support to the day-to-day concessions oeration '9 Establish and manage skate school program and auxilliary events '10 Provide input and directions pertaining to policies, budget and general operation of CA '11 Develop and manage capital improvements and long range planning '12 Develop and manage policies & procedures that best meet the needs of the community (1-7 lty of Eagan 2010 Proposed Budget Operating Budget Civic Arena Responsible Manager: Juli Johnson, Director of Parks & Recreation REVENUE SUMMARY Acct REVENUES 2007 2008 2009 2010 4304 OTHER REVENUE $ 12,293 $ - $ - $ - 4305 EQUIPMENT RENTAL 6,720 7,714 6,500 7,000 4310 PARK PROGRAM REVENUE 123,617 122,545 125,900 119,600 4311 PARK PROGRAM REVENUE NON-TAX 126,616 122,273 124,000 127,300 4312 CONCESSION SALES 69,653 52,860 71,000 70,000 4314 MERCHANDISE SALES 7,759 10,195 7,700 9,500 4320 MARKETING REVENUE 14,627 12,041 17,000 17,000 4322 VENDING (CITY OWNED) 4,043 5,458 5,000 10,000 4323 VENDING (VENDORS) 9,183 6,055 10,000 4,000 4324 ROOM RENTAL 808 38 - 2,000 4325 ROOM RENTAL NON-TAX 90 - 15,000 3,000 4326 FACILITY/ICE RENTAL 135,293 133,256 134,000 129,800 4327 FACILITY RENTAL NON-TAX 462,750 447,358 418,400 434,700 4328 CONTRACT REVENUE - - 500 - TOTAL CIVIC ARENA REVENUES $ 973,452 $919,793 $935,000 $933,900 -0.12% ltd City of Ba an 2010 Proposed Budget Operating Budget Civic Arena Responsible Manager: Juli Johnson, Director of Parks & Recreation LINE ITEM DETAIL Actual Actual Budget Budget Acct PERSONAL SERVICES 2007 2008 2009 2010 6110 SALARIES AND WAGES-REGULAR $ 164,987 $154,509 $196,600 $195,000 6112 OVERTIME--REGULAR 201 368 1,000 800 6130 SALARIES AND WAGES-TEMPORARY 145,188 167,868 156,400 158,000 6142 PERA-COORDINATED 13,980 16,865 13,300 13,700 6144 FICA 23,009 23,876 27,100 27,100 6151 HEALTH INSURANCE 28,422 26,488' 37,100' 39,500' 6152 LIFE INSURANCE 337 353 - - 6154 DISABILITY - LONG TERM 612 595 - - 6155 WORKERS COMPENSATION 6,247 6,915 7,600 7,600 TOTAL PERSONAL SERVICES 382,983 397,836 439,100 441,700 PARTS & SUPPLIES 6210 OFFICE SUPPLIES 463 789 800 800 6211 OFFICE PRINTED MATERIAUFORMS - 35 100 100 6220 OPERATING SUPPLIES-GENERAL 21,809 18,453 20,000 18,000 6222 MEDICAURESCUE/SAFETY SUPPLIES 1,021 537 700 700 6223 BUILDING/CLEANING SUPPLIES 3,898 6,839 5,000 5,000 6224 CLOTHING/PERSONAL EQUIPMENT 736 997 3,000 1,000 6230 REPAIR/MAINTENANCE SUPP-GENL 21,055 18,779 16,000 16,000 6233 BUILDING REPAIR SUPPLIES 5,371 4,437 5,000 5,000 6235 FUEL, LUBRICANTS, ADDITIVES - 15 100 100 6240 SMALL TOOLS 736 4 400 400 6241 SHOP MATERIALS 600 541 500 500 6244 CHEMICALS & CHEMICAL PRODUCTS 4,533 4,560 5,000 4,500 TOTAL PARTS & SUPPLIES 60,222 55,986 56,600 52,100 SERVICES & OTHER CHARGES 6310 PROFESSIONAL SERVICES-GENERAL - 80 300 100 6314 AUDITING 800 900 800 800 6315 FINANCIAL NON-AUDIT - - 800 - 6327 SPORTING EVENT OFFICIALS 2,645 45 - - 6346 POSTAGE 311 306 500 500 6347 TELEPHONE SERVICE & LINE CHG 1,429 1,922 1,500 1,500 6348 MATRIX SERVICE & REPAIR 147 - 500 300 6353 PERSONAL AUTO/PARKING 237 247 500 300 6355 CELLULAR TELEPHONE SERVICE 143 173 600 800 6357 GENERAL ADVERTISING 3,969 4,054 8,000 6,000 6370 GENERAL PRINTING AND BINDING 1,463 1,793 1,600 1,600 6385 INSURANCE 6,100 6,300 6,300 7,800 6405 ELECTRICITY 69,060 85,849 75,000 82,500 6410 NATURAL GAS SERVICE 72,894 91,641 90,000 90,000 6457 MACHINERY AND EQUIPMENT 2,022 4,384 3,000 1,500 119 City of Eapll 2010 Proposed Budget Operating Budget Civic Arena Responsible Manager: Juli Johnson, Director of Parks & Recreation LINE ITEM DETAIL (CONT'D) Actual Actual Budget Budget 2007 2008 2009 2010 6475 MISCELLANEOUS $ - $ - $ 100 $ - 6476 CONFERENCES AND SCHOOLS 1,099 1,947 3,300 1,000 6477 LOCAL MEETING EXPENSES 245 70 300 100 6479 DUES AND SUBSCRIPTIONS 991 1,679 1,700 700 6480 LICENSES, PERMITS AND TAXES 310 4,179 400 400 6482 AWARDS, JUDGEMENTS, AND LOSSES 727 - - - 6487 VISA/MC BANK CHARGES 6,366 3,805 6,500 6,000 6535 OTHER CONTRACTUAL SERVICES 26,457 24,787 23,000 21,500 6539 WASTE REMOVAL/SANITATION SERV 3,010 2,847 3,500 3,000 6569 MAINTENANCE CONTRACTS 9,941 8,316 10,100 9,500 SERVICES AND OTHER CHARGES 210,366 245,323 238,300 235,900 CAPITAL OUTLAY 6640 MACHINERY / EQUIPMENT 1,444 - - - 6660 OFFICE FURNISHINGS & EQUIPMENT 737 400 - - 6670 OTHER EQUIPMENT 6,550 12,866 - - CAPITAL OUTLAY 8,731 13,266 - - MERCHANDISE FOR RESALE 6855 MERCHANDISE FOR RESALE 34,118 36,232 31,500 31,500 MERCHANDISE FOR RESALE 34,118 36,232 31,500 31,500 DEBT SERVICE 6491 INTEREST 61,021 57,412 53,500 51,700 PRINCIPAL 65,000 65,000 70,000 75,000 6492 PAYING AGENT/BOND DESTRCTN FEE 431 431 - - TOTAL DEBT SERVICE 126,452 122,843 123,500 126,700 CAPITAL EQUIPMENT ALLOCATION - - 10,000 10,000 RESERVE FOR RENEWAL & REPLACEMENT - - 36,000 36,000 - - 46,000 46,000 TOTAL CIVIC ARENA $ 822,872 $871,486 $935,000 $933,900 -0.12% 6488 DEPRECIATION & AMORTIZATION EXPENSE $ 221,149 $224,204 $ - $ - Proposed 2009-10 Hourly Ice Time Rates Prime Non-Prime Time Time Rosemount 175 125 Richfield 175 145 Eagan 180 * 112 Apple Valley 180 130 Inver Grove Hts 190 140 Burnsville 190 145 South St. Paul 190 145 Farmington 200 170 St. Thomas Arena 205 130 Lakeville 205 N/A * Eagan/Eastview hockey associations rate is $175. Note: Eagan's rates for non-prime ice ($112), turf ($75), and dry floor ($40) have not changed in the past five years. lad Civic Arena 2010 Budget Capital Expenditures 2010 Capital Expenditures In the 2009 budget, $10,000 was approved for lights/spotlights for the annual ice show. It represented slightly less than half of the total project cost. The original plan was to implement the new lighting over a two-year period (2009-2010) as capital funds were available. Staff subsequently determined it was more expensive to piecemeal the project, so funds approved last year have not been expended as yet. Another $10,000 for lighting is requested in the 2010 budget. The total project is estimated at about $26,000, but with energy rebates, the net project cost is expected to be $20,000. Staff would like to schedule the project to be done in the September-October 2009 timeframe. This would require the Council to approve spending the 2010 capital allocation in 2009. No other capital expenditures are proposed for 2010. Cash Available for Capital Purchases Attached on the following page is a modified cash flow summary identifying cash reserves from operations and cash set aside for capital renewal and replacement. Two points of note: • Cash reserves from operations have been drawn down significantly in the past two years due to capital expenditures. $149,000 was expended in 2007 on solutions related to the energy audit, and $219,000 was expended in 2008 to remodel the mezzanine. Both projects should improve the bottom line by either cutting costs or generating revenues. While it does not pose a concern, the reduction of reserves from operations from $241,330 in 2006 to $82,872 at the end of 2008 means that any future new (i.e., non- replacement) capital improvements of the magnitude of the mezzanine may require financing sources other than cash reserves. • Cash reserves set aside for renewal and replacement of existing capital items, except roof and dasher boards, total $422,656 and are considered fully funded. Replacement of the roof and dasher boards is scheduled for some time after the Civic Arena bonds are paid off in 2019. ~ as Civic Arena cash flow - for 2010 Budget 7/31/2009 Eagan Civic Arena 2004 2005 2006 2007 2008 2009 2010 (Budget) (Proposed) Cash revenues $ 873,444 $ 866,365 $ 947,098 $ 1,026,062 $ 935,686 $ 935,000 $ 933,900 Cash expenses 690,009 664,965 694,661 695,923 761,986 765,500 761,200 Net cash available from operations 183,435 201,400 252,437 330,139 173,700 169,500 172,700 Less other cash outlays: Debt service principal/interest (125,048) (127,142) (124,037) (125,757) (127,213) (123,500) (126,700) Capital expenditures (no set-aside) (44,553) (3,699) (19,735) (180,747) (227,230) (10,000) (10,000) Capital replacement set-aside (36,000) (36,000) (36,000) (36,000) (36,000) (36,000) (36,000) Avail cash from operat-not reserved (22,166) 34,559 72,665 (12,365) (216,743) - - Carryforward from prior year 161,261 139,095 173,654 246,319 233,954 17,211 17,211 Cum available cash-not reserved 139,095 173,654 246,319 233,954 17,211 17,211 17,211 Adjustments to available cash (191) 39,041 (4,989) (71,668) 65,661 65,661 65,661 Total cash-not reserved 138,904 212,695 241,330 162,286 82,872 82,872 82,872 Reserved cash balances: Capital replacement set-aside 280,403 304,828 340,460 388,425 417,266 458,656 506,656 Interest on cap repl funds 6,226 8,435 11,965 15,698 16,373 12,000 10,000 Less: Cap replacemt funds used (17,801) (8,803) - (22,857) (10,983) - - Cash reserved for capital replacement 268,828 304,460 352,425 381,266 422,656 470,656 516,656 Total cash bal per financial statements 407,732 517,155 593,755 543,552 505,528 553,528 599,528 EHA Prime ice time hourly rate: 150 155 155 160 165 170 175 Eastview Athl Assn: 175 High School: 180 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 3, 2009 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing regarding Sale of City Property to Doran Development for Phase I Apartment Project F. OTHER BUSINESS G. ADJOURN lad Agenda Information Memo Eagan Economic Development Authority Meeting August 3, 2009 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. • MINUTES - The minutes of the July 21, 2009 EDA meeting are enclosed on pages l a57 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 21, 2009 A meeting of the Eagan Economic Development Authority was held on Tuesday, July 21, 2009 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Tilley and Commissioner Hansen. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA It was noted that a closed session would be held following the meeting. Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken 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 the July 7, 2009 EDA meeting as presented. OLD BUSINESS There were no Old Business items. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT CONSIDER SETTLEMENT FOR RELOCATION OF PLOURDE SALES Community Development Director Hohenstein discussed a Stipulation of Settlement to finalize the claims for the relocation of Plourde Sales from 3935 Cedarview Drive. Commissioner Bakken moved, Commissioner Fields seconded a motion to approve a Stipulation of Settlement to finalize the claims for the relocation of Plourde Sales from 3935 Cedarview Drive in the Cedar Grove Redevelopment District and authorize the EDA officers and City Attorney to execute the Stipulation and any related documents. Aye: 5 Nay: 0 1 a(e OTHER BUSINESS There were no Other Business items. The meeting was recessed at 8:30 p.m. The meeting was reconvened at 9:05 p.m. ADJOURNMENT Commissioner Bakken moved, Commissioner Hansen seconded a motion to adjourn the meeting at 9:06 p.m. Aye: 5 Nay: 0 Date Thomas Hedges, Executive Director la^7 Agenda Memo Eagan Economic Development Authority Meeting New Business August 3, 2009 1. CEDAR GROVE - PUBLIC HEARING TO CONSIDER PARCEL PURCHASE AGREEMENT FOR APARTMENT PROJECT ACTION TO BE CONSIDERED: To close the public hearing and direct staff and the City Attorney to prepare findings of fact, conclusions and a resolution to approve (or deny) the Parcel Purchase Agreement with Doran Pratt Development LLC for the Cedar Grove Apartment Project in the Cedar Grove Redevelopment District. FACTS (Base information appeared in prior packets, new information in bold): • At the direction of the City Council, the Council Finance Committee met on January 16, 2009, to review and consider recommendations regarding the structure of property sales to the developer in the Cedar Grove Redevelopment District. • The City Council and EDA have previously provided direction for the property at Cedar Grove to be retained by the City until such time as a particular development phase for a parcel has received formal approval. Because the project will be sold in phases and because the pricing of the property will need to be based on a calculation of price determined at the time of the transaction, a draft Master Real Estate Purchase Agreement was negotiated that is intended to serve as the umbrella agreement under which each specific purchase agreement is defined and executed by phase. The Committee reviewed the terms of the agreement as part of its meeting of January 16, 2009. • In consideration of the different circumstances under which each phase will be brought forward and in recognition of the current development and credit markets, the Master Agreement is formatted to define the price for each phase or project within a phase through an analysis of the pro forma for the project. Under the agreement, the City's development consultant, Ehlers and Associates, will perform the pro forma analysis in each case in consideration of market factors including construction costs, building valuations or lease rates, discount rate and rate of return in effect or appropriate at the time of the phase. • To the extent that the analysis determines that a write down to a price less than market is necessary in order to permit the phase to proceed, the agreement contains a look back provision that permits the City to perform another pro forma analysis upon the sale of the property or at the discretion of the City. If the look back analysis determines the developer's rate of return to be in excess of the rate established at the time of the initial sale, the developer and the City will share in the positive difference on a 50-50 basis. In no case can the look back analysis be used as the basis for decreasing the initial purchase price. • The Finance Committee recommended that staff proceed with the finalization of the agreement on the basis of these terms. The agreement was finalized and presented to the City Council and EDA for consideration. gag • At its meeting on March 16, 2009, the City Council and EDA approved a Preliminary Concept Plan for Phase I presented by the Doran Pratt partnership for the redevelopment of the core area of the Cedar Grove Redevelopment District. At the same meeting, the EDA approved the Master Real Estate Purchase Agreement with Doran Pratt under the terms described above an in the March staff memo that is attached. • Subsequently, on June 17, 2009, Doran Pratt submitted a development application for a Preliminary Planned Development reflecting the uses defined by the preliminary concept plan and incorporating a central gathering/park space as directed by the City Council and a Preliminary Subdivision to create the parcels for the apartment project, park and senior housing project. The application anticipates construction of 275-300 apartment units in two buildings connected by a common service and amenity area. That application is under review at this time and will be scheduled for Commission and Council review when financing for one or more of the elements within the plan is secured. • At this time, Doran Pratt is working with development partners to proceed with the hotel and senior housing elements of the project when they are financially feasible and they are pursuing financing for the apartment project, which they intend to build and operate themselves. To that end, Doran Pratt Development LLC has negotiated a purchase agreement with City staff under the Master Real Estate Purchase Agreement for the apartment site and park site. The agreement is in order for consideration by the EDA. • In order to sell publicly acquired property for private development or use, it is necessary to hold a public hearing to consider the sale. At its meeting of July 7, 2009, the EDA scheduled the public hearing for the Parcel Purchase Agreement for the apartment project on August 3, 2009. Notice for the hearing has been published and the matter is in order for consideration at this time. • The terms of the Parcel Purchase Agreement for the apartment and park parcels are in accordance with the Master Real Estate Purchase Agreement. • Ehlers and Associates has performed an analysis of the project pro forma for this element of the redevelopment. In consideration of the current financial and development markets, current interest rate assumptions and rates of return and the timing of construction in consideration of the City and Developer's market studies, Ehlers has provided analysis that establishes an initial property purchase price of $25,000 for the 10 acres to be occupied by the apartment project and park. The initial purchase price is subject to EDA/City's authority to apply the look back provision at a point in the future at a time of the EDA/City's choosing. • While the Parcel Purchase Agreement is under consideration at this time to permit the developer to continue to pursue securing its financing for the apartment project, closing will be subject to the City's approval of the formal development application for the project noted above. This is consistent with the prior direction that the City would retain properties until a development plan for a parcel is approved and the appropriate development commitments have been secured. • The City Council has directed the incorporation of a public park space in the central area of the development. In follow up to that direction, the Parks and Recreation Commission and City staff have met with area residents to receive input on the scale and features for a park space in that area. On the basis of that discussion, the development application provides for a park site located between the apartment and senior housing locations previously defined in the approved preliminary concept plan aq (Note: the final layout of the site improvements and circulation for the park parcel will be subject to the development application review process). This parcel is being included in the purchase agreement at this time to permit the development to begin to address parks dedication requirements to define and preserve the space for park development and to conform to State law concerning eligible expenditures for tax increment financing revenues. ATTACHMENTS: • Location map and agreement exhibit on pages through /33 • March staff memo on pagesf through • Ehlers memo on pages through I • Parcel Purchase Agreement on pages through • Master Real Estate Purchase Agreement on paged 57 through/Kq 13~ e 40 -r i I t t1t { {~~1 i ^ . a! x^. \ 1 / \ \ 1 S~~i~ h • ° fie; sue` \ 1b, 3 it I i? / / e1opme ? 1o rent GoCe ed Grove Redeye Cedar TIF District Area of li ;l entA 01 fa m Core Redevelop ~ G~ as •:;.R~ t:EEBuilding' QQ Feet • fir::- # Q A- N. -.'.e_'~ 1? .fML.r^ ~.tiv Wre.r µp~.u.ai n.. ~r,. ? nr !v li~- ! {fib}f- + i ms`s / FtfNRE DBVC'lorhlENT THISE N'°-, ^^~-,~4 a~=..s, e..k 2t. AcRES cx~ST-iv~n •pi 50ACES 11L '.'PACES ATEtSTED LIW.1(3 % EY>Si_ PoIJp / UI2cw.K11)a ytIX' ____-._4 4 1 a; L VARO h tau > e y~ / lC ,w K L ~ p f'L_ y fO~a'T HVTA - 1741 c r RA1A _ f • C • c _ ~ 4.5.E \ 6.F SpA<.f'.a i ~f•+uEFBouB•"~ 'IO ~ fir- - _ sPAaE'S Cb.+ur~. M..EY ~ wXT / T R.BeA1N N{L ~.INertp. PhRFJ LS~~ RK 21 '~PACE.~, ROwD PB£sf1x1 A..~ LW K~ SENtoR H 051 Wr - 6.4 ACOES MA606T-RME # PART - Ut -,.3 AC.,~g *1609 GOen~.F`~LUAL S':'IE • LO UNITS IN06PE NCB.IT 4V1NLT 0 7''C€ ~~aAY/~2s uu~T- QA.p. 5 PAR~~S- 4.1 Actin, • 70 UNITS A5515TE,p 461'X. _ 650 06TS ntT'~t.. T Sou _-SISSY Ho, L 15o VNiTS 'coTAL 25o PYU4Pi-D P' f I o pEC VwsIT ~i'Rm~S i 6W Rwr+s m! f ti 500061 PARE- 0 U F6t WIS' ~MN QpEPS/C?.S6O, a W $o E^IU OSQ> PA¢KINC ~1 a pEM[ I^+DT UNIT Il'a QDA.j~ . SOOV SG o / gsT. . T TTY- PARS-: n~t4 ( 1.6 pEY UNIT' TOTAL PAR. K~Ntt: LW 6S 1% SUp.Fq~-E PARKiNC.~/pF IDG+JTI H-.~LOYEE,rG-UE`+T 6060c P.M or-;:~'. 21:. SPA:.n.~, I ~.3 PFRRf0 cc t2b TCT1~ PARKlAJ(t( ~_6 9,51i UNIT RY_'i A~a_ PAR FiNCt: 50 '.aPMES/tvo PEe, ioeo SF Cedar Grove - an Praa Redevelopment c. I nii ya i W Exhibit A gCppU^$ BZ~ 1 ~ g 8 1 9 ~ e € y YSJ /iNFf . 1l 1~ I•{ 1 ti \I l y et CttCCtC t ffi ddddddddd e lilt oil c ~$3's3g~a~ a f J L 40k$p City of Eaall Memo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: MARCH 12, 2009 SUBJECT: SUMMARY OF FINANCE COMMITTEE BACKGROUND AND DIRECTION - CEDAR GROVE MASTER REAL ESTATE PURCHASE AGREEMENT The following is an overview of the background and direction provided by the City Council Finance Committee with respect to the negotiation and preparation of an umbrella purchase agreement between the City and its Master Developer for the Cedar Grove Redevelopment District, Doran Pratt. Background In 2008, the Committee received an update on all of the districts and provided direction regarding each of them. In particular, the Committee reviewed a sources and uses spreadsheet for the Cedar Grove Redevelopment District that defined a range of financing sources in relation to expenditures to date and expected. One of the more substantial sources of funds will be the purchase prices for development property by the developer as the redevelopment activity moves forward. Since that time, staff and the Cedar Grove Master Developer, Doran Pratt, have negotiated a draft of a Master Real Estate Purchase Agreement to cover the terms under which the phased sale of properties will be undertaken by the City to the developer. At its meeting of January 16, 2009, the Finance Committee received an update regarding the form of the agreement and the status of the negotiations. The intent of this background and discussion is to provide a brief overview of the general terms of that agreement and the reason for certain aspects of the calculation of sale price, in consideration of the current economy. The information is at a very high level, with the intended outcome to be to respond to Committee questions and identify any remaining issues to be addressed as the agreement is prepared for consideration by the EDA. Further information regarding the general financial issues and additional discussion of the funding sources would be expected to be at a future Committee meeting. ILL General Overview of the Agreement The City and the developer currently operate under a Preliminary Development Agreement, which was originally entered into in August, 2007. It commits the parties to work together to define a phased development plan and the details of a first phase, terms of which would then be committed to through a TIF Development Agreement. The preliminary agreement runs through August, 2009. The current development and credit markets have limited the developer's ability to present the next phase of plans that would be necessary to develop the phased plan and, as a consequence, the parties are not in a position to move forward on the Development Agreement. In addition, having become the assembler of the development parcels, the City is in a unique situation that it can assist with the financing of the development pro forma gap to the greatest extent through the purchase price of the property, rather than through payments to the developer or other considerations that typify many redevelopment agreements. For these reasons, in order to be poised ready to do that when the markets permit, the City and the developer have been negotiating a Master Real Estate Purchase Agreement that would define the terms and methodology for establishing the purchase price of the property in both the short and long term. The basic outline of the agreement is described below: • Sale by Phase - As was proposed in the past, the agreement would provide for the sale and transfer of property by the City to the developer only when the City has approved a development phase for the affected properties. This increases the cost of carry for the City, but it also gives the City ultimate control over the development. Prior to any sale a public hearing is necessary to allow for comments concerning the purchase terms. Separate approval by the EDA is needed for each purchase agreement. • Initial Purchase Price - In a more typical economy, the purchase price for a redevelopment parcel should be the market price for bare land, with the City using TIF and other funding sources to offset the extraordinary costs of acquiring developed parcels - costs of structures, business relocation, demolition, remediation and site preparation. Recognizing that the current development and credit markets may require the City to deeply discount the redevelopment property in order to permit development phases to proceed, the agreement would establish the initial purchase price through an analysis of the phase pro forma by Ehlers and Associates. The parties would agree to the appropriateness of the various assumptions, including the discount rate and the developer's return on investment. From there, Ehlers would work back to determine the land cost the development could afford to pay and still create sufficient return to cause the developer to proceed. In the current case, depending on the nature and current market support for the uses in a particular phase, the price may or may not be close to an ordinary market price for bare land. • Look Back Provision - While it is expected to be necessary to discount the land price to some degree on some if not all of the phases, as the economy recovers, it is possible that property values will appreciate directly or through increase lease rates, such that the developer's return on investment will exceed that assumed in the initial purchase price pro forma. To account for this and to insure that the City participates in the upside should it occur, the agreement includes a "look back" provision that calls for an updated pro forma analysis at the time that the project is sold to an arm's length third party or at a time of the City's choice. If that analysis concludes that the original rate of return could have been achieved at a higher land purchase price, the agreement calls for the City and the developer to participate in the benefit of the higher return up to what the "market price" for bare land would have been in an ordinary market. The payment of the differential would be subject to a personal guarantee by the developers. Ehlers has advised other clients regarding similar clauses in other agreements in other communities. • Pricing and Look Backs for Different Property Types - The agreement lays out the pro forma and valuation approaches for each property type, because there will be a different approach to value for the owner occupied sale homes that will establish value upon their purchase and the other types of properties that will be leased over time and/or sold at different times. • Term-The agreement has an initial term of three years, with the ability of Doran Pratt to extend for an additional three years if certain development targets are met. We anticipate that a number of the terms and inputs can be built into the initial pro forma in advance at the outset and that others will be defined as the market recovers and the first phase approaches approval. Doran Pratt indicates that having the Master Purchase Agreement in place will permit them to include it in their marketing of the site to various development partners or retail tenants. As a consequence, the agreement will both put the City and developer to be in a position to move ahead as the market recovers and permit the developer to approach third parties with an established approach to valuation and look back that can be considered in the negotiations to locate them in the development. Conclusion At the January 16 meeting, the Finance Committee expressed agreement with the framework and directed staff to continue pursue finalization of the agreement. With the input of the Committee, staff and the consultants finalized the agreement with the developer and it is in order for presentation to the EDA at its March 16, 2009 meeting. Community Development Director EHLERS LEADERS IN PUBLIC FINANCE To: Jon Hohenstein, Director of Community Development O City of Eagan 2 From: Bruce Kimmel and Rebecca Kurtz W Date: July 27, 2009 Subject: Parcel Purchase Agreement for Cedar Grove Apartment Project - Ehlers Analysis of Initial Purchase Price At its August 3 meeting, the Eagan Economic Development Authority (EDA) is scheduled to hold a public hearing and consider a resolution approving the Parcel Purchase Agreement for the Doran Cedar Grove Apartment Project in the Cedar Grove Redevelopment District. The parcel purchase agreement specifies a $25,000 price for the defined apartment and park area. The Master Real Estate Purchase Agreement between the EDA and Doran Pratt (Developer), signed in March 2009, outlines the process by which the EDA and Developer will agree on an "initial purchase price" for individual portions of the Cedar Grove Redevelopment District. Specifically, the master agreement states that Ehlers, as the EDA's consultant, will review the applicable development pro forma and provide a recommended purchase price to the EDA and Developer. This recommendation is to be informed by a pro forma cashflow incorporating our determination of a reasonable Developer return on investment for the proposed development. (Background context: When public financing assistance is being considered, it is still necessary that a sufficient rate of return be permitted so that the private development partner is motivated to invest in and complete a successful project. At the same time, this economic need is balanced by the City's responsibility to ensure that the developer's rate of return is not excessive and that the assistance provided is no more than is necessary to cause the project to occur.) An appropriate return on investment is usually gauged as an internal rate of return (IRR) in the range of 10% to 20%, assuming a sale of the property 10 years after its completion. A number of issues factor into the determination of a precise IRR target for a specific project. For example, if a developer is shouldering a higher-than-typical degree of risk, the IRR target might be on the higher end of the spectrum. Here, the Developer is proposing a large-scale apartment project with future construction risks but with limited economic risk today. This is because the carrying costs on the land to be purchased, if the EDA approves the purchase agreement, will be minimal. For this reason, Ehlers believes an IRR of 12% is a reasonable target for the agreements relating to the defined apartment and park area. As you are aware, current difficulties in the financial and development markets have contributed to high projected borrowing costs for the apartment proposal. Today's loan underwriting terms Ehlers & Associates Inc. 3060 Centre Pointe Drive Phone: (651) 697-8572 Fax: (651) 697-8555 Roseville, MN 55113-1105 bkimmel@ehlers-inc.com (~7 0 EHLERS LEADERS IN PUBLIC FINANCE (e.g. high interest rates and restrictive loan-to-value ratios) are the main drivers in a pro forma that Ehlers estimates will yield what we would view as an unacceptably low 10-year IRR of 6.9%, even with an initial parcel purchase price of $25,000. The rest of the project as proposed (e.g. development budgets, operating revenues and expenses) is generally reasonable - with the exception of a few items that we suggest discussing further with the Developer. It is the current market loan terms that render the project financially unfeasible, and that must improve for the project to move forward. Given this situation, Ehlers has recommended an initial purchase price of $25,000 for the apartment and park parcel. We believe, and the Developer agrees, that it is reasonable for the EDA to realize an initial purchase price at the commencement of the project, but that $25,000 also recognizes the low projected level of return to the Developer. A write down of the land value, in this instance, is further warranted as a way of encouraging Cedar Grove redevelopment activity and the generation of tax increment to repay the City's investment in the area. Finally, it is important to note that, whenever financing terms improve and the apartment project is built, the EDA will hold the option to direct Ehlers to perform a "lookback" analysis of actual project performance. This calculation of the Developer's realized IRR will indicate whether the initial purchase price is still valid, or whether there is a positive difference that should be shared on a 50/50 basis between the Developer and EDA. Please contact Bruce or Rebecca with any questions about this memo or our pro forma analysis to-date. Thank you for the opportunity to be of assistance. Ehlers & Associates Inc. 3060 Centre Pointe Drive Phone: (651) 697-8572 Fax: (651) 697-8555 Roseville, MN 55113-1105 bkimmel@ehlers-inc.com PARCEL PURCHASE AGREEMENT THIS PARCEL PURCHASE AGREEMENT ("Agreement") is made this day of , 2009, by and between the Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter "Seller") and Doran Pratt Development, LLC, a Minnesota limited liability company, and/or its assigns (hereinafter "Buyer"). Seller and Buyer shall hereinafter be referred to throughout as the "Parties". WHEREAS, Seller is the owner of certain real estate located in Dakota County, Minnesota consisting of approximately 10.15 acres of land, as pictorially depicted on Exhibit "A" (hereinafter the "Property"); and WHEREAS, Buyer has entered into a Master Real Estate Purchase Agreement with Seller dated as of March 16, 2009 ("Master Agreement") concerning the development of the Property and adjacent properties (the "Redevelopment Property"). To the extent not inconsistent with the terms of this Agreement, the terms and conditions of the Master Agreement are incorporated herein by reference and made a part hereof; and WHEREAS, Buyer intends to develop the Property by constructing thereon approximately 275-300 market-rate apartment units and parking facilities ancillary thereto; and WHEREAS, Seller will sell the Property to Buyer and Buyer is willing to acquire the Property all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: I. PURCHASE PRICE. The purchase price for the Property shall be Twenty- five Thousand Dollars and No/100 ($25,000.00) ("Purchase Price"). 2. PAYMENT OF PURCHASE PRICE. The Purchase Price shall be paid by the Buyer by company check on the Date of Closing. 3. CONDITIONS PRECEDENT. Buyer's obligation to purchase and Seller's obligation to sell the Property is contingent upon satisfaction of the matters referred to in items a. - g. of Section 3 of the Master Agreement and the first paragraph and items a. - d. of Section 4 of the Master Agreement. In addition, the obligations of Seller and Buyer are contingent upon the Seller's financial consultant, Ehlers & Associates, reviewing and approving Buyer's proforma budget and revenue projection for the Property. All such contingencies may only be satisfied or waived by notice in writing on or before the "Closing Date" (as hereinafter defined). r 3q 4. As-Is SALE. If and when "Closing" (as hereinafter defined) occurs, the Property being conveyed by the Seller to Buyer shall be sold As-Is, Where-Is, without any warranty of the Seller, express or implied. 5. CLOSING. Assuming all contingencies referred to in Section 3 above are waived or satisfied in writing, the closing ("Closing") on the purchase of the Property shall occur on the date which is thirty (30) days after final approval of the Property for financing purposes by the Secretary of the Department of Housing and Urban Development, but in no event later than March 1, 2010 ("Date of Closing") time being of the essence. The Closing shall occur at a location determined by the Seller in its reasonable discretion. 6. CLOSING DOCUMENTS - SELLER. At the Closing, the Seller shall execute and deliver the following: a. Quit Claim Deed. A quit claim deed in recordable form conveying all of the Seller's right, title and interest in and to the Property. b. Repurchase and Lookback Agreement. The Repurchase and Lookback Agreement in substantially the form and text of Exhibit "B." c. Seller's Affidavit. A standard form affidavit by the Seller indicating that on the Date of Closing there are no (i) outstanding, unsatisfied judgments or tax liens docketed against the Property, or (ii) bankruptcies against or involving Seller of the Property; and that there has been no skill, labor or material furnished to the Property (other than at the request of Buyer) for which payment has not been made or for which mechanics' liens could be filed; d. Other Documents. Any and all other documents reasonably determined by either party to be necessary to transfer title to the Property and/or other documents applicable to the development of the Property contemplated by the Master Agreement. 7. CLOSING DOCUMENTS - BUYER. At the Closing, the Buyer shall execute and deliver to the Seller the following: a. Purchase Price. The Purchase Price, which shall be paid by Buyer's company check. -2- LLT) l b. Repurchase and Lookback Agreement. The Repurchase and Lookback Agreement in substantially the form and text of Exhibit "B." The Repurchase and Lookback Agreement must be recorded prior to any mortgage that the Buyer may obtain. c. Other Documents. Any and all other documents other documents reasonably determined by either party to be necessary to transfer title to the Property and/or other documents applicable to the development of the Property contemplated by the Master Agreement. 8. PRORATIONS. The Seller and the Buyer agree to the following prorations and allocations of costs regarding this Agreement. a. Title Insurance and Closing Fee. The Buyer shall pay all costs to obtain any review of title. The Buyer shall also pay all premiums required for the issuance of any owner's or mortgagee's title policies and endorsements to the policies requested by Buyer. The Buyer shall also pay any closing fee charged by the title company. b. Real Estate Taxes. It is anticipated that all real estate taxes for the Property being conveyed will be tax exempt in the year of Closing. In the event that the real estate taxes are not tax exempt, real estate taxes due and payable in the year of closing shall be prorated to the Date of Closing. The Buyer agrees to assume any and all real estate taxes due and payable following the year of Closing. Any and all special assessments levied or pending with respect to the Property as of the Date of Closing shall be paid by Seller at Closing. c. Recording Costs. The Buyer will pay the cost to record any and all documents required at Closing. d. State Deed Tax/Mortgage Registration Tax. The Seller agrees to be responsible for any and all state deed tax and the Buyer shall be responsible for any and all mortgage registration taxes. 9. POST-CLOSING OBLIGATIONS/LOOK BACK. a. Look Back. i. Audit at the Discretion of Seller. At any time within 10 years after the issuance of a permanent certificate of occupancy with respect to all improvements to the Property (the "Completion Date"), the Seller may request an audit to validate the Purchase Price. -3- 1~j ii. Audit in the Event of Buyer Refinancing. In the event the Buyer desires to refinance any existing mortgage on the Property, Buyer may request that an audit occur to validate the Purchase Price. iii. Audit in Event of a Sale. In the event the Buyer intends to sell the Property in an arms-length transaction to a third party, it may request an audit to validate the Purchase Price. iv. Assumptions in Establishing Purchase Price. The proforma to be provided to Ehlers & Associates shall contemplate that the Purchase Price is based upon an agreed upon internal rate of return represented by a percentage that assumes a 10-year sale with a capitalization rate that will also be determined prior to the Closing. b. Necessary Information to Complete Audit. It is understood that an appraisal, prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP), will be necessary to validate the Purchase Price. Buyer must cooperate and provide any and all documentation reasonably requested by the Seller and any appraiser to assist in the validation of the Purchase Price. Such documentation shall include, but is not limited to: an updated pro forma using actual known costs, rent rolls, lease agreements, rental agreements, purchase agreements, and contractor agreements (collectively the "Audit Information"). i. Audit Request by Seller. In the event the audit is requested "by the Seller under paragraph 10(a)(i), the Seller, shall, at its expense, hire a certified independent general property appraiser, who shall, within 60 days after receiving the Audit Information, deliver a written appraisal, prepared in accordance with USPAP, stating an opinion of value of the Property and any improvements located thereon. The date of valuation shall be the date the Seller requests such audit (the "Valuation Date"). If the appraisal reveals a greater valuation than established by applying the internal rate of return set forth on the proforma to the applicable time period, then one- half (1/2) of such increase in value shall be deemed the "Additional Purchase Price." Unless Buyer disputes Seller's appraisal as provided below, Buyer must provide payment within 60 days of receipt of the appraisal of the Additional Purchase Price. In the event Buyer disputes the Seller's appraisal, then Buyer shall, within 10 days after receipt of the Seller's appraisal, at its own expense, select its own certified independent general property appraiser whose name shall be specified by Buyer in its written objection. If the two appraisers cannot agree on the value of the Property and any improvements located thereon within 30 days of the selection of Buyer's appraiser, then the two appraisers shall select, within 10 days thereafter, a third certified independent general property appraiser to determine the value (hereinafter -4- the "Independent Appraiser"). The Independent Appraiser shall have 60 days to deliver a written appraisal, prepared in accordance with USPAP, setting forth his/her opinion of the value of the Property and any improvements located thereon on the Valuation Date. The expenses of the Independent Appraiser shall be split equally between the Buyer and Seller and be conclusive and binding upon the Parties. If the appraisal prepared by the Independent Appraiser reveals a greater valuation than established by applying the internal rate of return set forth on the proforma to the applicable time period, then one-half of such increase in value shall be deemed the "Additional Purchase Price." Unless Buyer elects to defer payment of the Additional Purchase Price, as provided below, Buyer must provide prompt payment of the Additional Purchase Price to the Seller within 60 days of receipt of the appraisal of the Independent Appraiser. Notwithstanding the foregoing, Buyer may, within thirty (30) days following determination that any Additional Purchase Price is due, provide written notice to Seller that Buyer elects to defer payment of the Additional Purchase Price until the date which is thirty (30) days following the earliest of. (a) the date Buyer closes on a refinancing of the Property (the "Refinancing Date"); (b) the date Buyer closes on the sale of the Property (the "Sale Date"); or (c) the date which is ten (10) years following the Completion Date, ii. Audit Request by Buyer in the event of Refinance. In the event the audit is requested by the Buyer under paragraph 10(a)(ii), the Buyer, shall notify Seller of such request in writing. In such event, Seller shall, at its expense, hire a certified independent general property appraiser, who shall, within 60 days after receiving the Audit Information, deliver a written appraisal, prepared in accordance with USPAP stating an opinion of value of the Property and any improvements located thereon. The date of valuation shall be the date the Buyer requests such audit (the "Valuation Date"). If the appraisal reveals a greater valuation than established by applying the internal rate of return set forth on the proforma to the applicable time period, then one-half (1/2) of such increase in value shall be deemed the "Additional Purchase Price." Unless Buyer disputes Seller's appraisal as set forth below, Buyer must provide prompt payment of the Additional Purchase Price on the Refinancing Date. In the event Buyer disputes the Seller's appraisal, then, unless Seller notifies Buyer within ten (10) days after receipt of Buyer's appraisal that Seller will defer its audit rights as provided below, Buyer shall, within such ten (10) day period, at its own expense, select its own certified independent general property appraiser whose name shall be specified by Buyer in its written objection. If the two appraisers cannot agree on the value of the Property and any improvements located thereon within thirty (30) days of the selection of Buyer's appraiser, then the two appraisers -5- !~3 shall select, within 10 days thereafter, a third certified independent general property appraiser to determine the value (hereinafter the "Independent Appraiser"). The Independent Appraiser shall have 60 days to deliver a written appraisal, prepared in accordance with USPAP, setting forth his/her opinion of the value of the Property and any improvements thereon on the Valuation Date. The expenses of the Independent Appraiser shall be split equally between the Buyer and Seller and be conclusive and binding upon the Parties. If the appraisal prepared by the Independent Appraiser reveals a greater valuation than applying the internal rate of return set forth on the proforma to the applicable time period, one-half of such increase in value shall be deemed the "Additional Purchase Price." In the event this Section is applicable, Buyer must provide prompt payment of the Additional Purchase Price to the Seller on the Refinancing Date. Notwithstanding the foregoing, Seller may defer its audit rights upon receipt of Buyer's request as set forth above. In addition, when the Additional Purchase Price is determined under this Section 10 (b) (ii), the lookback obligation may be deferred at the option of Seller. In such event, Seller may still request an audit under Section 10(a)(i) at any time within ten (10) years of the Completion Date, provided that Seller must subordinate its ability to conduct such audit of the Purchase Price to Buyer's lender by agreeing that such audit rights shall be of no force or effect and shall terminate in the event of an acquisition of title by such Lender and/or its assignee following foreclosure or delivery of a deed in lieu thereof. iii. Audit Request by Buyer Upon Sale. In the event the audit is requested by Buyer under paragraph 10(a)(iii), Buyer shall provide to Seller the Audit Information as well as a copy of the executed purchase agreement and any appraisals prepared in accordance with such sale to the extent such appraisals are available to Buyer. The sale price under the purchase agreement shall be compared to the pro forma provided by Buyer under Section 10(a)(iv) (the "Sale Price"). If the Sale Price exceeds the valuation established by applying the internal rate of return set forth on the proforma to the applicable time period, then one-half (1/2) of such excess shall be deemed the Additional Purchase Price. Buyer must provide payment of the Additional Purchase Price on the Sale Date. When any audit is completed under this Section 10, or if no audit is requested within ten (10) years following the Completion Date, the lookback obligation is extinguished and Seller may not request a further audit of the Purchase Price. c. Obligations of Buyer. Buyer must cooperate fully with any audit and agrees to provide the Audit Information at its sole cost and expense. -6- 1W d. Securi . Kelly J. Doran and Leonard W. Pratt (hereinafter the "Guarantors") shall unconditionally guaranty the timely delivery of any audit and the payment of any Additional Purchase Price by executing, at Closing, a Guaranty in the form attached hereto as Exhibit "C", subject, however, to the terms and conditions of this Agreement. e. Default. In the event the Buyer and the Guarantors fail to provide payment of Additional Purchase Price, the Seller may commence an action in Dakota County District Court and shall be entitled to an award of all costs of collection, including, but not limited to, reasonable attorneys' fees. 10. NOTICES. All communications shall be directed to the Buyer at: Doran Pratt Development, LLC Kelly J. Doran, Chief Manager 7803 Glenroy Road, Suite 200 Bloomington, Minnesota 55439 And Pratt Ordway Properties Leonard W. Pratt 3500 Willow Lake Boulevard, Suite 100 Vadnais Heights, Minnesota 55110 With a copy to: Messerli & Kramer, P.A. Paul W. Anderson, Esq. 1400 Fifth Street Towers 100 South Fifth Street Minneapolis, Minnesota 55402 All communications shall be directed to the Seller at: Eagan Economic Development Authority Attn: Thomas L. Hedges, Executive Director 3830 Pilot Knob Road Eagan, MN 55122-1810 And City of Eagan City Hall Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122-1810 -7-. IIS 11. CAPTIONS. The section headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement and are not to be considered in interpreting this Agreement. 12. ENTIRE AGREEMENT. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the Parties regarding this Agreement. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the Parties. 13. BINDING EFFECT. This Agreement binds and benefits the parties and their heirs, representatives, successors and assigns. 14. GOVERNING LAw. This Agreement has been entered into in the State of Minnesota and shall be governed by and construed in accordance with the laws of the State of Minnesota. 15. COMMISSIONS. The Buyer shall be responsible for any and all commissions and will indemnify and hold the Seller harmless from any and all claims, damages, costs or expenses (including costs incurred in defending any claim) for any brokerage fees or commissions resulting from Buyer's actions or agreements regarding the execution or performance of this Agreement. This obligation shall survive the Closing. 16. ASSIGNMENT. Buyer may not assign its right under this Agreement without the prior written consent of Seller, which consent may not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Buyer may assign this Agreement without consent of Seller to an entity affiliated with Kelly J. Doran and/or Leonard W. Pratt. 7 [SIGNATURE PAGE TO FOLLOW] -8- lq~ IN TESTIMONY WHEREOF, the Parties hereto have set their hands as of the date and year first above written. EAGAN ECONOMIC DEVELOPMENT Doran Pratt Development, LLC, AUTHORITY, a Minnesota municipal a Minnesota limited liability company corporation By: Mike Maguire . Do Its: President s Chief na By: Thomas L. Hedges Its: Executive Director ,r9 W EXHIBIT "A" TO PARCEL PURCHASE AGREEMENT Pictorial Depiction of Property Exhibit A # X~ I 1 b d I 11 ir~ l7 ,r; rS Qli f6>'C 1 ,1 , 1 ~A i 1~' I 1r 1 •••XXX ~':4 Jeff :M:'~r.~•:`: i:• X%i.. I'fii 1 ti xsgqQxtxlptitly2 ~s1 I .~jddH9~N d~ E ~ , / 1 1 1 1 1 1 ~ g etrrarere r 9 I 1 eketdaSARdat t 5 R~ R I~~ EXHIBIT "B" TO PARCEL PURCHASE AGREEMENT REPURCHASE AND LOOK BACK AGREEMENT This Repurchase and Look Back Agreement ("Agreement") is made and entered into this day of , by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA"), and DORAN PRATT DEVELOPMENT, LLC, a Minnesota limited liability company (hereinafter "Developer"). WHEREAS, the EDA and Developer have entered into a Parcel Purchase Agreement, dated as of , 2009 (the "Contract") relating to the sale and purchase of a certain tract or parcel of land situated in Dakota County, Minnesota, described as set forth on Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, contemporaneously herewith the EDA has conveyed to Developer the Property. NOW, THEREFORE, in, further consideration of this conveyance and in furtherance of the understanding between the parties, Developer hereby grants to the EDA the following option to repurchase the Property; Section 1. REPURCHASE: If within two (2) years from the date Developer purchases the Property, Developer has not commenced the construction of the Improvements, as defined in that certain Development Agreement dated ("Development Agreement"), on the Property then the EDA may at its option repurchase the Property for a purchase price of $ less the amount of any liens or claims against the Property resulting from action by the Developer. The EDA may exercise this option to repurchase by giving written notice to Developer within thirty (30) days of the expiration of the period(s) specified above. Upon receiving the repurchase price in cash from the EDA, Developer shall convey to the EDA good and marketable title to the Property by limited warranty deed free and clear of any encumbrances placed or suffered thereon by Developer. In the event that Developer fails or refuses to remove such encumbrances, the EDA shall be permitted to remove such encumbrances at Developer's sole cost and expense. Developer hereby agrees to indemnify the EDA from any and all liabilities, expenses and costs incurred (including but not limited to reasonable attorney's fees) arising out of or related to the removal of such encumbrances. Section 2. RELEASE OF REPURCHASE RIGHTS: If written notice of option exercise is not timely given to Developer by EDA or if Developer, within two (2) years from the date Developer purchases the Property, commences the construction of the Improvements on the Property within said two (2) year period, this option to repurchase shall terminate absolutely and the EDA shall upon Developer request, execute and deliver to Developer a release of the repurchase right in recordable form. Section 3. SALE OF PROPERTY: Developer hereby acknowledges and agrees that Developer shall not sell, or transfer title to all or any portion of the Property within two years from the date of Developer's purchase of the Property without the prior written consent of the EDA or the execution and delivery of a release of the repurchase right set forth herein. Any purported conveyance or transfer of title without the prior written consent of the EDA shall be considered null and void. Notwithstanding, Developer may assign this Agreement without the consent of the EDA to an entity affiliated with Kelly J. Doran. Section 4. LOOKBACK: Under Section 10 of the Contract, the purchase price paid by Developer for the Property is subject to a lookback obligation whereby an audit may be performed to validate the purchase price. The terms of the Contract and audit rights are on file with the Community Development Department of the City. Section 5. NOTICE: All notices, demands and requests required or permitted to be given under this Agreement must be in writing and shall be deemed to have been properly given or served either by personal delivery or by depositing the same in the United States Mail, addressed to the EDA or to Developer, as the case may be, prepaid and registered or certified mail, return receipt requested, at the following addresses: All communications shall be directed to the Developer at: Doran Pratt Development, LLC Kelly J. Doran, Chief Manager 7803 Glenroy Road, Suite 200 Bloomington, Minnesota 55439 And Pratt Ordway Properties Leonard W. Pratt 3500 Willow Lake Boulevard, Suite 100 Vadnais Heights, Minnesota 55110 With a copy to: Messerli & Kramer, P.A. Paul W. Anderson, Esq. 1400 Fifth Street Towers 100 South Fifth Street Minneapolis, Minnesota 55402 All communications shall be directed to the EDA at: 1sf Eagan Economic Development Authority Attn: Thomas L. Hedges, Executive Director 3830 Pilot Knob Road Eagan, MN 55122-18 10 And City of Eagan City Hall Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122-1810 Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, demand or request. Either party shall have the right from time to time and at any time upon at least ten (10) days' written notice thereof, to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. Section 6. MISCELLANEOUS. The provisions of this Agreement are intended in each instance to be binding upon and inure to the benefit of the signatories hereto, to the successors and assigns of Developer who become owners of the Property and to the successors and assigns of the EDA to whom the right, title and interest herein is specifically assigned. Either party may record this instrument in the appropriate real estate records. [SIGNATURE PAGES TO FOLLOW] IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the day and year first above written. Doran Pratt Development, LLC, a Minnesota limited liability company By: Kelly J. Doran Its: Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me, a notary pubic, this day of , 200_, by Kelly J. Doran, the Chief Manager of Doran Pratt Development, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Mike Maguire Its: President By: Thomas L. Hedges Its: Executive Director STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me, a notary public, this day of , 200_, by Mike Maguire and Thomas L. Hedges, the President and Executive Director, respectively, of Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-26768) 1sy- EXHIBIT "A" TO REPURCHASE AND LOOKBACK AGREEMENT Legal Description [LEGAL DESCRIPTION TO BE PROVIDED] EXHIBIT "C" TO PARCEL PURCHASE AGREEMENT GUARANTY Kelly J. Doran and Leonard W. Pratt hereby unconditionally guaranty the timely delivery of the aforementioned audit and the prompt and complete payment of the "Additional Purchase Price", if any, payable by Buyer under this Agreement, pursuant to Section 10 of the Parcel Purchase Agreement. This Guaranty shall be continuing and shall survive any closing. No compromise, alteration, amendment, modification, waiver, consent or other action, or delay or admission or failure to act in any respect thereof, shall in any way alter or affect any of my obligations under this Guaranty. The Seller may proceed to protect and enforce any or all of its rights under this Guaranty by suit in equity or action at law and shall be entitled to require and enforce the performance hereunder by the undersigned as Guarantors. Each and every remedy of the Seller shall, to the extent permitted by law, be cumulative and be in addition to any other remedy given hereunder or under this Agreement or now or hereafter existing in law or equity. Kelly J. Doran Leonard W. Pratt 758828.12 ISC~ MASTER REAL ESTATE PURCHASE AGREEMENT THIS MASTER REAL ESTATE PURCHASE AGREEMENT ('`Agreement") is trade this J day of ~1'1td , 2009, by and between the Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter referred throughout either as the "EDA" or "Seller") and Doran Pratt Development, LLC, a Minnesota limited liability company (hereinafter referred throughout either as "Developer" or "Buyer"). (The "EDA" or "Seller") and "Developer" or "Buyer" shall hereinafter be referred to throughout as the "Parties"). WHEREAS, Developer has been selected by the EDA as the master developer for the core area of the Cedar Grove Redevelopment District as generally depicted on Exhibit "A" (the "Redevelopment Property") and WHEREAS, in order to pursue the redevelopment. it is necessary for the EDA to convey fee title to portions of the Redevelopment Property to the Developer; and WHEREAS, due to the complexities of the redevelopment, including the types of uses and the purchase price for the property as well as the subsequent audits after completion of the improvements on the Redevelopment Property to validate the purchase price, the Parties desire to set forth their respective obligations. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. TERM OF AGREEMENT. The term of this Agreement pertaining solely to the EDA's obligation to sell the Redevelopment Property to the Developer shall be for an initial period of three years. The EDA may, in the EDA's sole discretion, extend the term for an additional three-year term, and Developer may also extend the term for an additional three-year term in the event that by the end of the initial term the Developer has begun or completed construction of improvements which, together with the Purchase Price of the applicable Parcel(s), have or will have a value in excess of $30 million. 2. INITIAL PURCHASE PRICE. At the time the Developer desires to acquire a portion of the Redevelopment Property (each, a "Parcel") it shall provide to the EDA's consultant a pro forma in the format shown as Exhibit "B." The EDA's consultants will review the pro forma and provide a recommendation to the FDA and the Developer of the recommended purchase price (hereinafter the "Initial Purchase Price" for such Parcel) for the applicable Parcel. If the EDA and Developer reach agreement as to the Initial Purchase Price with respect to any Parcel, and the Seller's Conditions Precedent and Developer's Conditions Precedent set forth in Sections 3 and 4 hereof; respectively, are satisfied, the EDA and Developer shall enter into a Parcel Purchase Agreement in substantially the form of Exhibit "C" attached hereto. The Initial Purchase Price shall be payable on the Date of Closing in accordance with IS-7 Page 2/MASTER REAL ESTATE PURCHASE AGREEMENT the Parcel Purchase Agreement. The Initial Purchase Price for each Parcel will be subject to adjustment as provided in the form of Parcel Purchase Agreement that is attached as Exhibit "C". 3. SELLER'S CONDITIONS PRECEDENT. The EDA's obligation to convey any Parcel which is part of the Redevelopment Property to Developer is subject to the satisfaction, in the EDA's reasonable discretion, of each of the following conditions on or before the Date of Closing: a. Confirmation of Financing. The Developer shall provide confirmation of all financing, in a form acceptable to the EDA and Developer, necessary to complete the proposed improvements. b. Sworn Construction Statements. The Developer shall provide evidence satisfactory to the EDA of sworn construction statements necessary to complete the proposed development. c. Identification of Equity Contribution. The Developer shall provide to the EDA evidence satisfactory to the EDA of Developer's equity contribution for the proposed development. d. Governmental Approvals. Developer shall receive all consents, approvals, preliminary and final plat approvals, permits and licenses required from any federal, state or local governmental authority (including, without limitation, the City of Eagan) for Developer's proposed development. The EDA shall, at Developer's request, execute any plats approved in connection with the development in question. e. Development Aggreements. The Developer shall have entered into any and all Agreements reasonably required by the City and/or any other governmental entity for the proposed development including, but not limited to preliminary planned developments, final planned developments, easements, and any development agreement relating to the actual construction of the proposed improvements. f. Public Improvements. The EDA and Developer shall have agreed on the appropriate infrastructure contribution to be paid by the EDA and Developer for any and all costs associated with the improvement of Cedar Grove Parkway, Cedar Grove Boulevard, Rahn Road and other public improvements. g. Miscellaneous. The EDA may acquire such other reasonable assurances that the proposed development is feasible including, but not limited to, market studies and presale requirements. I ST? Page 3/MASTER REAL ESTATE PURCHASE AGREEMENT 4. DEVELOPER'S CONDITIONS PRECEDENT. Developer's obligation to purchase any portion of the Redevelopment Property is contingent upon its satisfaction of items referenced in 3(a) through (g) above and is also subject to the following conditions: a. Due Diligence. The EDA shall provide to Developer any and all Phase I and Phase II Environmental Reports that it may have for the Redevelopment Property. Developer shall perform, at its sole cost and expense, such examinations and inspections relative to the Redevelopment Property as Developer shall determine is appropriate. Such due diligence may include, but is not limited to, engineering studies, boring, percolation and other soil tests, and environmental assessments of the Redevelopment Property. Developer and its duly authorized agent shall have the right during the term of this Agreement to enter in and upon any of the Redevelopment Property owned by the EDA at reasonable times and with reasonable advance notice, in order to complete any due diligence. Developer shall pay all costs and expenses associated with any such due diligence and shall defend, indemnify and hold harmless the EDA and its agents, employees, and contractors from and against any loss, costs, damages, liability, settlement, cause of action or threat thereof or expense (including without limitation, reasonable attorneys' fees and costs) arising from or relating to Developer's due diligence. Developer shall promptly repair and restore any damage to the Redevelopment Property caused by or occurring during Buyer's due diligence and return the Redevelopment Property to substantially the same condition as existed prior to conducting such due diligence. i. Developer's Insurance. Developer shall provide the EDA with evidence reasonably satisfactory to the EDA that the indemnification obligations of Developer are adequately insured and that Developer and its consultants maintain at a minimum of the following insurance with limits of liability not less than the amounts stated below and meeting the requirements set forth herein. 1. Comprehensive General Liability. (1) Combined single limit for bodily injury and property damage of $1,000,000 for each occurrence and annual aggregate, such policy to include as additional insured for all activities arising out of the performance; and (ii) coverage for completed operations; liability from sudden accidental discharges, disposal, releases or escapes of contaminants or pollutants; contractual liability explosion hazard and underground property damage hazard; and collapse hazard. I5? Page 4/MASTER REAL ESTATE PURCHASE AGREEMENT 2. Comprehensive Automobile Liability. Combined single limit for bodily injury, death, and property damages of $1,000,000 per occurrence and $1,000,000 in the aggregate. 3. Workers' Compensation Insurance and Employer's Liability Insurance. Limits of liability not less than those required by law. b. Title. The EDA shall provide any evidence of title it possesses relating to the Redevelopment Property. Developer may, at its sole cost and expense, conduct such other additional review of title as it deems necessary. In the event that Developer objects to any matters of title, Developer shall provide the EDA with prompt notice of the same. The Parties agree to work in good faith to address any objections prior to the Date of Closing. c. Survey. Developer must, at Developer's sole cost and expense, provide all surveying and platting of the Redevelopment Property necessary for the proposed development. d. Identification of Costs. All fees associated with the proposed development, including, but not limited, sanitary area charges, water area charges, storm sewer charges, park dedication fees, trail dedication fees, shall be identified and delimited prior to the Date of Closing. 5. "AS-IS" SALE. Any portion of the Redevelopment Property that is conveyed by the EDA to the Developer is being sold "as-is," "where-is" without any warranty of the EDA, express or implied. 6. CLOSING. Once the EDA and Developer have satisfied all conditions precedent, the Parties shall enter into a Parcel Purchase Agreement in the form and text of Exhibit "C" attached hereto. The closing on the purchase of that portion of the Redevelopment Property designated in the Parcel Purchase Agreement shall occur within 30 days after the EDA has held the required public hearing and the City Council of the City of Eagan ("City") has approved the purchase terms. 7. ASSIGNMENT. Developer may not assign its right under this Agreement without the prior written consent of the EDA, which consent may not be unreasonably withheld. Notwithstanding the foregoing, Developer may assign this Agreement without consent from the EDA to an entity affiliated with Kelly J. Doran and/or Leonard W. Pratt. 8. SURVIVAL. Except as provided herein (and as limited herein), all of the terms (including, without limitation, warranties, and representations) of this Agreement /(,D Page 5/MASTER REAL ESTATE PURCHASE AGREEMENT will survive and be enforceable after the Closing, except those waived by Developer expressly. 9. NOTICES. All communications shall be directed to the Developer at: Doran Pratt Development, LLC Kelly J. Doran, Chief Manager 7803 Glenroy Road, Suite 200 Bloomington, Minnesota 55439 Pratt Ordway Properties Leonard W. Pratt 3500 Willow Lake Boulevard Suite 100 Vadnais Heights, MN 55110 With a copy to: Messerli & Kramer, P.A. Paul W. Anderson, Esq. 1800 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402 All communications shall be directed to the EDA at: Eagan Economic Development Authority Attn: Thomas L. Hedges, Executive Director 3830 Pilot Knob Road Eagan, MN 5 5122-1810 And City of Eagan City Hall Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122-1810 10. CAPTIONS. The section headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement and are not to be considered in interpreting this Agreement. Ill Page 6/MASTER REAL ESTATE PURCHASE AGREEMENT 11. ENTIRE AGREEMENT. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the Parties regarding this Agreement. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the Parties. 12. BINDING EFFECT. This Agreement binds and benefits the parties and their heirs, representatives, successors and assigns. 13. GOVERNING LAW. This Agreement has been entered into in the State of Minnesota and shall be governed by and construed in accordance with the laws of the State of Minnesota. 14. COMMISSIONS. The Developer shall be responsible for any and all commissions and will indemnify and hold the EDA harmless from any and all claims, damages, costs or expenses (including costs incurred in defending any claim) for any brokerage fees or commissions resulting from Developer's actions or agreements regarding the execution or performance of this Agreement. This obligation shall survive the Closing. IN TESTIMONY WHEREOF, the Parties hereto have set their hands as of the date and year first above written. EAGAN ECONOMIC DEVELOPMENT Doran Pratt Development, LLC, AUTHORITY, a Minnesota municipal a Minnesota limited liability company corporation By: K I y-0 ran Mike Maguire Ch, 1J President By: Thomas L. Hedges Its: Executive Director 1b EXHIBIT "A" TO MASTER REAL ESTATE PURCHASE AGREEMENT Redevelopment Property Ni1Mr~~H~a~BW~~4C4a s~~fa~~cL:oWQfiiYtYrtl-ser I6` a^ % tsa 1.. zz~ Core•Redevlop'mentrea X 1,4 ExhibitA- 4 j'< ,,i Ge 1 l ' The Redevelopment Property Core Redevelopment Area z g Legend l~ Y~ ~ t cif '~eQ~~•\ r L~~ `rl ~Ca: P..cn.e~aFrer:Ar_e iVt 1 ~S r'' ~ i • f - i ~~YG \ ~ ( ^S f,. ~ Fe e-e'~Firer. Ai!s~t= 7Cri_t._osc»• r~S• I t ~I r ~ e f ccr_ Farrel. 4.7 e'444A `l. \ Fy;rr:'-.il]r•.z N t'r o'' 't'. 1 4 0 dpij 633 L'A111U11 U TO MASTER REAL ESTATE PURCHASE AGREEMENT Pro Forma for Acquisition of Parcel(s) 1112612008 r. v.orsn ;x eiar_r, rueeer City of Eagan, Minnesota Cedar Grove Redevelopment Mixed Use Project - Phase I Sources & Uses SOURCES USES OF TOTAL TOTALS Per Unit % OF TOTAL SUBTOTAL TOTALS DEVELOPER FINANCING SERIES A #OIVIOI 0 ACQUISITION COSTS 0 DEVELOPER EQUITY #DIVI01 0 Property 0 000% AMOUNT FINANCED #DIVIOI 0 Due Diligence 0 000% 0 Legal 0 0.00% 0 Closing Cools 0 0.00% 0 TAX INCREMENT - Up Front Amount #DIVISI 0 Real Estate Commissions 0 0.00% 0 GRANTS #DIVIO! 0 DESIGN DEVELOPMENT 0 O1 HER #DIVl0! 0 Architecture & Engineering 0.00% 0 Environmental Assessments 0.00% 0 Legal 0.00% 0 TOTAL SOURCES 9DIVI01 0 SACIWAC 000% 0 SurveylSoil Test 0.00% 0 Construction Contract Admin 0.00% 0 CONSTRUCTION COSTS 0 Construction $0 0.00% 0 Site Improvements 0.00% 0 Common Area Improvements 0,00% 0 Insurance 0.00% 0 Parking Structures 0.00% 0 Permils 0.00°/ 0 Environmental Remedialion 000% 0 General Contractor Fee 0.00% 0 SOFT COSTS 0 Fees 0.00% 0 Fee 0.00% 0 Legal 0.00% 0 FURNITURE, FIXTURES & EQUIPMENT 0 Common Area Furnishings 0.00% 0 Operating Equipment 0.00% 0 Security System 0.00% 0 Compuler SysleM5of1 Ware 000% 0 Telephone PBX 000% 0 Signage Package 000% 0 Misc 0.00% 0 FINANCING 0 Fees (Cons[ & Perm Loans) 0.00% 0 Appraisal 000% 0 Construction Period Interest 0.00% 0 Articles of Incorporation 0.00% 0 Title Insurance 0.00% 0 Mortgage Registration 0.00% 0 MISC. COSTS 0 Marks ling!Adverti sing 000% 0 Real Estate Taxes 000% 0 Pre-Opening Expenses 0.00°.6 0 TIF Cools 0.00% 0 Working Capital 0.00°1. 0 DEVELOPMENT FEE 0 Development Fee 0.00'/1, 0 Leasing Commission 0.00% 0 CONTINGENCY _ 0.00% 0 TOTAL USES 100.00% Eagan P, alouna Prepared By Ehlers r Q 1 1,2512.08 City of Eagan, Minnesota Cedar Oro- Redevelopment Mixed Use Project - Phase I Cashflow Oft. Cl- A 0 0.00 Oltice Clese B 0 0.00 Relay Big Box A 0 0.00 0 Retail Big Box 8 0 0.00 0 Ped-1 0 000 0 Pod -2 0 0.00 0 Other 0 Other 0 Other 0 Other 0 Other 0 blot S q. Fl. 0 U Rental Revenue NIA 1.00% 1.00% 1.00!6 1.00% 1.00% 1.00% 1 0094 1.00!: 1.00% 1.00!4 1.00% 1 n0% 1.00•.. I.00% 1.00 Other Inponte N/A 1.00% 1.00% 1.009: 1.00' 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1,00% 1,00% 1.00% 0.009: 1Expenses N/A 1.00% 1.00% 1.00% 1.009: 1,00% 1.00% 1.00!: 1.00% 1.00% 1.00% 1.00% 1.00% 100% 1.00% 1.00% Vecenu 700% 7.00 ' 7 00 % 7. % 7.00• 7,00•i 00',8 7.00•.6 00•' 7.00° 00 7.00 7 0 % 7.00% 7.UU l: 7.00% R.." .1 Revenua Olhce E s. A 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 Ollica Cl... B o 0 0 0 0 0 0 0 0 0 0 0 0 0 U Rateil Big Box A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Retail Big Box B 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n 0 Pad-1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U Pad-2 0 0 0 0 0 0 0 0 0 lotnl n-1.1 R.vsnu. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Other Rev.nh. Other 0 0 It 0 0 0 0 0 0 0 0 0 0 0 0 oilheier 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Otr 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Otter 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Otter 0 0 0 0 0 0 loll Other Revenua 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U U blot Oross R.venuo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7.I.1 V.o.nci.. on enter R.venu. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 101.1 Not Rev.nu. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EXHIBIT "C" TO MASTER REAL ESTATE PURCHASE AGREEMENT PARCEL PURCHASE AGREEMENT THIS PARCEL PURCHASE AGREEMENT ("Agreement") is made this day of , 200 , by and between the Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter "Seller") and Doran Pratt Development, LLC, a Minnesota limited liability company (hereinafter "Buyer"). Seller and Buyer shall hereinafter be referred to throughout as the "Parties". WHEREAS, Seller is the owner of certain real estate located in Dakota County, Minnesota and legally described as set forth on Exhibit "A" (hereinafter the "Property"); and WHEREAS, Buyer has entered into a Development Agreement with Seller concerning the development of the Property and adjacent properties (the "Redevelopment Property"); and WHEREAS, Seller will sell the Property to Buyer and Buyer is willing to acquire the Property all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. PURCHASE PRICE. The purchase price for the Property shall be $ ("Purchase Price"). 2. PAYMENT OF PURCHASE PRICE. The Purchase Price shall be paid by the Buyer in cash or certified funds on the date of closing. 3. TITLE EVIDENCE. Buyer has conducted all necessary due diligence and is satisfied with the condition of title. 4. As-Is SALE. The Property being conveyed by the Seller to Buyer is being sold As-Is, Where-Is, without any warranty of the Seller, express or implied. 5. CLOSING. The closing ("Closing") on the purchase of the Property shall occur on or before , 20_ ("Date of Closing") time being of the essence. The Closing shall occur at wherever designated by the Seller. 6. CLOSING DOCUMENTS - SELLER. At the Closing, the Seller shall execute and deliver the following: a. Quit Claim Deed. A quit claim deed in recordable form conveying all of the Seller's right, title and interest in and to the Property. b. Repurchase and Lookback Agreement. The Repurchase and Lookback Agreement in substantially the form and text of Exhibit "B." c. Seller's Affidavit. A standard form affidavit by the Seller indicating that on the Date of Closing there are no (i) outstanding, unsatisfied judgments or tax liens docketed against the Property, or (ii) bankruptcies against or involving Seller of the Property; and that there has been no skill, labor or material furnished to the Property (other than at the request of Buyer) for which payment has not been made or for which mechanics' liens could be filed; d. Other Documents. Any and all other documents reasonably determined by either party to be necessary to transfer theProperty. 8. CLOSING DOCUMENTS - BUYER. At the Closing, the Buyer shall execute and deliver to the Seller the following: a. Purchase Price. The Purchase Price, which shall be paid by wire transfer or by certified check. b. Repurchase and Lookback Agreement. The Repurchase and Lookback Agreement in substantially the form and text of Exhibit "B." The Repurchase and Lookback Agreement must be recorded prior to any mortgage that the Buyer may obtain. c. Other Documents. Any and all other documents other documents reasonably determined by either party to be necessary to transfer title to the Property. 9. PRORATIONS. The Seller and the Buyer agree to the following prorations and allocations of costs regarding this Agreement. (r a. Title Insurance and Closing Fee. The Buyer shall pay all costs to obtain any review of title. The Buyer shall also pay all premiums required for the issuance of any owner's or mortgagee's title policies and endorsements to the policies requested by Buyer. The Buyer shall also pay any closing fee charged by the title company. b. Real Estate Taxes. It is anticipated that all real estate taxes for the Property being conveyed will be tax exempt in the year of Closing. In the event that the real estate taxes are not tax exempt, real estate taxes due and payable in the year of closing shall be prorated to the Date of Closing. The Buyer agrees to assume any and all real estate taxes due and payable following the year of Closing. c. Recording Costs. The Buyer will pay the cost to record any and all documents required at Closing. d. State Deed Tax/Mortgage Registration Tax. The Seller agrees to be responsible for any and all state deed tax and the Buyer shall be responsible for any and all mortgage registration taxes. 10, POST-CLOSING OBLIGATIONS/LOOK BACK. a. Look Back "For Sale " Residential. The pro forma attached hereto as Exhibit "C" contemplates that the Purchase Price for each residential lot will be established based upon a percentage of the Base Price (as defined herein) for each residential unit that is sold to a subsequent buyer. The Purchase Price is based solely on Buyer's projected Base Price and must be validated at the subsequent closing for each residential unit. At the closing of each residential unit, Buyer shall provide all documentation requested by Seller to determine the Base Price of the residential unit being sold. Such documentation shall include, but is not limited to, all purchase agreements, amendments, change orders, and sworn construction statements. The Base Price of the residential unit being sold is the actual sale price of the Residential unit and shall not include any cosmetic additional charges selected by an individual purchaser. In the event the Base Price is higher than projected on the pro forma, Buyer must pay the increase at the Closing. In no event shall there be any refund or reduction of the Purchase Price. At the discretion of Seller, in the event that seventy-five percent (75%) of the residential units have sold, Seller may take the average Base Price of the residential units that have sold and the average shall be the Base Price for the remaining residential units which amount must be paid to Seller within sixty (60) days. 3 p (Q4 b. Look Back for All Other Sales. i. Audit at the Discretion of Seller. At any time within 10 years after the issuance of a permanent certificate of occupancy with respect to all improvements to each Property sold to Buyer (the "Completion Date"), the Seller may request an audit to validate the Purchase Price. Seller acknowledges that Buyer's underlying financing or market conditions may limit Buyer's ability to provide prompt payment of the Additional Purchase Price as required under Section 10(c)(i). At least 30 days prior to Closing, Buyer must inform the Seller of any such restriction and the parties agree to negotiate in good faith the payment terms of any Additional Purchase Price. ii. Audit in the Event of Buyer Refrnancin . In the event the Buyer desires to refinance any existing mortgage on the Property, Buyer may request that an audit occur to validate the Purchase Price. iii. Audit in Event of a Sale. In the event the Buyer intends to sell the Property in an arms-length transaction to a third party, it may request an audit to validate the Purchase Price. iv. Assumptions in Establishing Purchase Price. The pro forma attached hereto as Exhibit "B" contemplates that the Purchase Price is based upon an agreed upon internal rate of return represented by a percentage that assumes a 10-year sale with a capitalization rate that also be determined prior to the Closing. c. Necessary Information to Complete Audit. It is understood that an appraisal, prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP), will be necessary to validate the Purchase Price. Buyer must cooperate and provide any and all documentation reasonably requested by the Seller and any appraiser to assist in the validation of the Purchase Price. Such documentation shall include, but is not limited to: an updated pro forma using actual known costs, rent rolls, lease agreements, rental agreements, purchase agreements, and contractor agreements (collectively the "Audit Information"). i. Audit Request by Seller. In the event the audit is requested by the Seller under paragraph 10(b)(i), the Seller, shall, at its expense, hire a certified independent general property appraiser, who shall, within 60 days after receiving the Audit Information, deliver a written appraisal, prepared in accordance with USAP, stating an opinion of value of the Property and any improvements located thereon. The date of valuation shall be the date the Seller requests such audit (the "Valuation Date"). If the appraisal reveals a greater valuation than established by applying the internal rate of return set forth on the proforma to the applicable time period, then one- half (1/2) of such increase in value shall be deemed the "Additional / 4 1~~ Purchase Price." Unless Buyer disputes Seller's appraisal as provided below, Buyer must provide payment within 60 days of receipt of the appraisal of the Additional Purchase Price. In no event shall there be a refund or reduction in the Purchase Price. In the event Buyer disputes the Seller's appraisal, then Buyer shall, within 10 days after receipt of the Seller's appraisal, at its own expense, select its own certified independent general property appraiser whose naive shall be specified by Buyer in its written objection. If the two appraisers cannot agree on the value of the Property and any improvements located thereon within 30 days of the selection of Buyer's appraiser, then the two appraisers shall select, within 10 days thereafter, a third certified independent general property appraiser to determine the value (hereinafter the "Independent Appraiser"). The Independent Appraiser shall have 60 days to deliver a written appraisal, prepared in accordance with USPAP, setting forth his/her opinion of the value of the Property and any improvements located thereon on the Valuation Date. The expenses of the Independent Appraiser shall be split equally between the Buyer and Seller and be conclusive and binding upon the Parties. If the appraisal prepared by the Independent Appraiser reveals a greater valuation than established by applying the internal rate of return set forth on the proforma to the applicable time period, then one-half of such increase in value shall be deemed the "Additional Purchase Price." Buyer must provide prompt payment of the Additional Purchase Price to the Seller within 60 days of receipt of the appraisal of the Independent Appraiser. In no event shall there be a refund or reduction of the Purchase Price. When an audit is completed under this section, or if Seller does not request an audit within ten (10) years of the Completion Date, then the lookback obligation is extinguished and Seller may not request a further audit of the Purchase Price. ii. Audit Request by Buyer in the event of Refinance. In the event the audit is requested by the Buyer under paragraph 10(b)(ii), the Buyer, shall, at its expense, hire a certified independent general property appraiser, who shall, within 60 days after receiving the Audit Information, deliver a written appraisal, prepared in accordance with USPAP stating an opinion of value of the Property and any improvements located thereon. The date of valuation shall be the date the Buyer requests such audit (the "Valuation Date"). If the appraisal reveals a greater valuation than established by applying the internal rate of return set forth on the proforma to the applicable time period, then one-half (1/2) of such increase in value shall be deemed the "Additional Purchase Price" unless Seller disputes Buyer's appraisal as set forth below. Buyer must provide prompt payment within 60 days of receipt of the appraisal of the Additional Purchase Price. In no event shall there be a refund or reduction in the Purchase Price. 5 In the event Seller disputes the appraisal, then, unless Seller notifies Buyer within ten (10) days after receipt of Buyer's appraisal that Seller will defer its audit rights as provided below, Seller shall, within such ten (10) day period, at its own expense, select its own certified independent general property appraiser whose name shall be specified by Buyer in its written objection. If the two appraisers cannot agree on the value of the Property and any improvements located thereon within thirty (30) days of the selection of Seller's appraiser, then the two appraisers shall select, within 10 days thereafter, a third certified independent general property appraiser to determine the value (hereinafter the "Independent Appraiser"). The Independent Appraiser shall have 60 days to deliver a written appraisal, prepared in accordance with USPAP, setting forth his/her opinion of the value of the Property and any improvements thereon on the Valuation Date. The expenses of the Independent Appraiser shall be split equally between the Buyer and Seller and be conclusive and binding upon the Parties. If the appraisal prepared by the Independent Appraiser reveals a greater valuation than applying the internal rate of return set forth on the proforma to the applicable time period, one-half of such increase in value shall be deemed the "Additional Purchase Price." Buyer must provide prompt, payment of the Additional Purchase Price to the Seller within 60 days of receipt of the appraisal of the Independent Appraiser. In no event shall there be a refund or reduction of the Purchase Price. Seller may defer its audit rights upon receipt of Buyer's appraisal as set forth above. In addition, when an audit is completed under this Section 10 (c.) (ii), then the lookback obligation may be deferred at the option of Seller. In such event, Seller may still request an 'audit under Section 10(b)(i) or 10(b)(iii) at any time within ten (10) years of the Completion Date, provided that Seller must subordinate its ability to conduct such audit of the Purchase Price to Buyer's lender by agreeing that such audit rights shall be of no force or effect and shall terminate in the event of an acquisition of title by such Lender and/or its assignee following foreclosure or delivery of a deed in lieu thereof. iii. Audit Request by Buyer Under Sale. In the event the audit is requested by Buyer under paragraph I0(b)(iii), Buyer shall provide the Audit Information as well as a copy of the executed purchase agreement and any appraisals prepared in accordance with such sale. The sale price under the purchase agreement shall be compared to the pro forma provided by Buyer under Section 10(b)(iv) (the "Sale Price"). If the Sale Price exceeds the valuation established by applying the internal rate of return set forth on the proforma to the applicable time period, then one-half (1/2) of such excess shall be deemed the Additional Purchase Price. Buyer must provide payment of the Additional Purchase Price at the Closing. In no event shall there be a refund in the Purchase Price. 6 When an audit is completed under this section, then the lookback obligation is extinguished and Seller may not request a further audit of the Purchase Price. d. Obligations of Buyer. Buyer must cooperate fully with any audit and agrees to provide, at its sole cost and expense, a certified audit by an independent CPA to provide the Audit Information. e. Securi . (hereinafter the "Guarantors") shall unconditionally guaranty the timely delivery of any audit and the payment of any Additional Purchase Price. f. Default. In the event the Buyer and the Guarantor fail to provide payment of Additional Purchase Price, the Seller may commence an action in Dakota County District Court and shall be entitled to an award of all costs of collection, including, but not limited to, reasonable attorneys' fees. 11. NOTICES. All communications shall be directed to the Buyer at: Doran Pratt Development, LLC Kelly J. Doran, Chief Manager 7803 Glenroy Road, Suite 200 Bloomington, Minnesota 55439 Pratt Ordway Properties Leonard W. Pratt 3500 Willow Lake Boulevard, Suite 100 Vadnais Heights, MN 55110 With a copy to: Messerli & Kramer, P.A. Paul W. Anderson, Esq. 1800 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402 7 1 -7a All communications shall be directed to the Seller at: Eagan Economic Development Authority Attn: Thomas L. Hedges, Executive Director 3830 Pilot Knob Road Eagan, MN 55122-1810 And City of Eagan City Hall Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122-1810 12. CAPTIONS. The section headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement and are not to be considered in interpreting this Agreement. 13. ENTIRE AGREEMENT. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the Parties regarding this Agreement. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the Parties. 14. BINDING EFFECT. This Agreement binds and benefits the parties and their heirs, representatives, successors and assigns. 15. GOVERNING LAw. This Agreement has been entered into in the State of Minnesota and shall be governed by and construed in accordance with the laws of the State of Minnesota. 16. COMMISSIONS. The Buyer shall be responsible for any and all commissions and will indemnify and hold the Seller harmless from any and all claims, damages, costs or expenses (including costs incurred in defending any claim) for any brokerage fees or commissions resulting from Buyer's actions or agreements regarding the execution or performance of this Agreement. This obligation shall survive the Closing. 8 X13 IN TESTIMONY WHEREOF, the Parties hereto have set their hands as of the date and year first above written. EAGAN ECONOMIC DEVELOPMENT Doran Pratt Development, LLC, AUTHORITY, a Minnesota municipal a Minnesota limited liability company corporation By: By: Mike Maguire Kelly J. Doran Its: President Its: Chief Manager By: Thomas L. Hedges Its: Executive Director 9 GUARANTY hereby unconditionally guaranty the timely delivery of the aforementioned audit and the prompt and complete payment of the "Additional Purchase Price", if any, payable by Buyer under this Agreement, pursuant to Section 10 of the Parcel Purchase Agreement. This guaranty shall be continuing and shall survive any closing. No compromise, alteration, amendment, modification, waiver, consent or other action, or delay or admission or failure to act in any respect thereof, shall in any way alter or affect any of our obligations under this Guaranty. The Seller may proceed to protect and enforce any or all of its rights under this Guaranty by suit in equity or action at law and shall be entitled to require and enforce the performance hereunder by us as Guarantors. Each and every remedy of the Seller shall, to the extent permitted by law, be cumulative and be in addition to any other remedy given hereunder or under this Agreement or now or hereafter existing in law or equity. 10 [ic- EXHIBIT "A" TO PARCEL PURCHASE AGREEMENT Legal Description [LEGAL DESCRIPTION TO BE PROVIDED] 1-1td0 EXHIBIT "B" TO PARCEL PURCHASE AGREEMENT REPURCHASE AND LOOK BACK AGREEMENT This Repurchase and Look Back Agreement ("Agreement") is made and entered into this day of , by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA"), and DORAN PRATT DEVELOPMENT, LLC, a Minnesota limited liability company (hereinafter "Developer"). WHEREAS, the EDA and Developer have entered into a Parcel Purchase Agreement, dated as of , (the "Contract") relating to the sale and purchase of a certain tract or parcel of land situated in Dakota County, Minnesota, described as set forth on Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, contemporaneously herewith the EDA has conveyed to Developer the Property. NOW, THEREFORE, in further consideration of this conveyance and in furtherance of the understanding between the parties, Developer hereby grants to the EDA the following option to repurchase the Property; Section 1. REPURCHASE: If within two (2) years from the date Developer purchases the Property Developer has not commenced the construction of the Improvements, as defined in that certain Development Agreement dated ("Development Agreement"), on the Property then the EDA may at its option repurchase the Property for a purchase price of $ less the amount of any liens or claims against the Property resulting from action by the Developer. The EDA may exercise this option to repurchase by giving written notice to Developer within thirty (30) days of the expiration of the period(s) specified above. Upon receiving the repurchase price in cash from the EDA, Developer shall convey to the EDA good and marketable title to the Property by limited warranty deed free and clear of any encumbrances placed or suffered thereon by Developer. In the event that Developer fails or refuses to remove such encumbrances, the EDA shall be permitted to remove such encumbrances at Developer's sole cost and expense. Developer hereby agrees to indemnify the EDA from any and all liabilities, expenses and costs incurred (including but not limited to reasonable attorney's fees) arising out of or related to the removal of such encumbrances. Section 2. RELEASE OF REPURCHASE RIGHTS: If written notice of option exercise is not timely given to Developer by EDA or if Developer, within two (2) years from the date Developer purchases the Property, commences the construction of the Improvements on the Property within said two (2) year period, this option to repurchase shall terminate absolutely and the EDA shall upon Developer request, execute and deliver to Developer a release of the repurchase right in recordable form. Section 3. SALE OF PROPERTY: Developer hereby acknowledges and agrees that Developer shall not sell, or transfer title to all or any portion of the Property within two years from the date of Developer's purchase of the Property without the prior written consent of the EDA or the execution and delivery of a release of the repurchase right set forth herein. Any purported conveyance or transfer of title without the prior written consent of the EDA shall be considered null and void. Notwithstanding, Developer may assign this Agreement without the consent of the EDA to an entity affiliated with Kelly J. Doran and/or Leonard W. Pratt. Section 4. LOOKBACK: Under Section 10 of the Contract, the purchase price paid by Developer for the Property is subject to a lookback obligation whereby an audit may be performed to validate the purchase price. The terms of the Contract and audit rights are on file with the Community Development Department of the City. Section 5. NOTICE: All notices, demands and requests required or permitted to be given under this Agreement must be in writing and shall be deemed to have been properly given or served either by personal delivery or by depositing the same in the United States Mail, addressed to the EDA or to Developer, as the case may be, prepaid and registered or certified mail, return receipt requested, at the following addresses: All communications shall be directed to the Developer at: Doran Pratt Development, LLC Kelly J. Doran, Chief Manager 7803 Glenroy Road, Suite 200 Bloomington, Minnesota 55439 Pratt Ordway Properties Leonard W. Pratt 3500 Willow Lake Boulevard, Suite 100 Vadnais Heights, Minnesota 551 10 2 With a copy to: Messerli & Kramer, P.A. Paul W. Anderson, Esq. 1800 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402 All communications shall be directed to the EDA at: Eagan Economic Development Authority Attn: Thomas L. Hedges, Executive Director 3830 Pilot Knob Road Eagan, MN 55122-1810 And City of Eagan City Hall Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122-1810 Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, demand or request. Either party shall have the right from time to time and at any time upon at least ten (10) days' written notice thereof, to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. Section 6. MISCELLANEOUS. The provisions of this Agreement are intended in each instance to be binding upon and inure to the benefit of the signatories hereto, to the successors and assigns of Developer who become owners of the Property and to the successors and assigns of the EDA to whom the right, title and interest herein is specifically assigned. Either party may record this instrument in the appropriate real estate records. 3 l IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the day and year first above written. Doran Pratt Development, LLC, a Minnesota limited liability company By: Kelly J. Doran Its: Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me, a notary pubic, this day of , 200_, by Kelly J. Doran, the Chief Manager of Doran Pratt Development, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 4 EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Mike Maguire Its: President By: Thomas L. Hedges Its: Executive Director STATE OF MINNESOTA ) ss. COUNTY OF EAGAN ) The foregoing instrument was acknowledged before me, a notary public, this day of , 200_, by Mike Maguire and Thomas L. Hedges, the President and Executive Director of Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-26768) 5 I~~ EXHIBIT "A" TO REPURCHASE AND LOOKBACK AGREEMENT Legal Description [LEGAL DESCRIPTION TO BE PROVIDED] I~~ EXHIBIT "C" TO PARCEL PURCHASE AGREEMENT Pro Forma for Acquisition of Parcel(s) 11!2612008 EHLERS City of Eagan, Minnesota Cedar Grove Redevelopment Mixed Use Project -Phase I SOUrces & Uses SOURCES USES % OF TOTAL TOTALS Per Unit % OF TOTAL SUBTOTAL TOTALS DEVELOPER FINANCING SERIES A #OIV/01 0 ACQUISITION COSTS 0 DEVELOPER EQUITY CDIVl01 0 Properly 0 0.00% AMOUNT FINANCED SDIVIOI 0 One Dilligence 0 0.00% 0 Legal 0 0.00% 0 Closing Costs 0 000% 0 TAX INCREMENT - Up Front Amount EDIVIOI 0 Real Estate Commissions 0 0.00% 0 GRAN FS CDIV/01 0 DESIGN DEVELOPMENT 0 OTHER SOIVIOI 0 Architecture B Engineering 000% 0 Environmental Assessments 000% 0 Legal 0.00% 0 TOTAL SOURCES #DIVl01 0 SAC(WAC 0.00% 0 SurveylSoil Test 0.00% 0 Conslruclion Contract Admin 0.00% 0 CONSTRUCTION COSTS 0 Construction 00 0.00°.6 0 Site Improvements 0.00% 0 0%$ Common Area hnprovemenls 0.00% 0 Insurance 0.00% 0 Parking Structures 0.00% 0 Permits 0.00°%e 0 Environmental Remediation 0.00% 0 General Contractor Fee 0.00% 0 SOFT COSTS 0 Fees 0.00% 0 Fee 0.00% 0 Legal 0.00% 0 FURNITURE, FIXTURES & EQUIPMENT 0 Common Area Furnishings 0.00% U Operating Equipment 0 00% 0 Securily System 0.00% 0 Computer SyslenVSott Ware 0 0016 0 Telephone PBX 0.00% 0 Signage Package 000%, 0 Misc 0.00% 0 FINANCING 0 Fees (Cons) & Perm Loans) 0.00111, 0 Appraisal 000% 0 Construction Period Interest 0.00% 0 Articles of lncorporalion 0.00% 0 Title Insurance 0.00% 0 Mortgage Registration 0.00%. 0 MISC. COSTS 0 MarkelingtAdvenising 0.00% 0 Real Estate Taxes U 00% 0 Pre-Opening Expenses 0 0041 0 TIF Coals 0 00°4 0 Working Capital 0.00% 0 DEVELOPMENT FEE 0 Development Fee 0.00% 0 Leasvly Commission O.U0".1 CONTINGENCY _ 0.00% 0 prepared By En4rs TOTAL USES 00.00°. Eagan Prol~rnra - tUZUZOOa EE RRS City of Eagan, Minnesota Ceder Grove Redevalopn,enl Mixed Us. Project - Phe.. I Cashflow 011- U.- A 0 0.00 0 Gni.e cm.. B 0 0.00 0 Rel.il Big Box A 0 0 00 0 Relea Big Box B 0 0.00 0 Pod -1 0 0.00 0 Pad-2 0 0.00 0 Oil- 0 011.1 0 01her 0 011.1 0 011- 0 Total S q. Ft. 0 0 .UU!G Hemel Rsvo,ro9 N/A 1.0010 1.0010 t 00% 1.00% 100% 100% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00'.. 1.00% 1 Olhe, income N/A 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1,00' 1.00% 1.00% 1.00% 1.00% 0.00% Expense. N/A 1.00°rG 1.00!4 1.00!. 1.00% 1.0000•' % 100% 100% 100% 100°,G 1.00% 0.00% 100% 1.00% 1.00% .00% 7 001 7.00% 7. 0% go°' 7.00• 7.00! 7 00 % 7.0u!' 7.OU% v.v-< 7.00% 700% 7. 7.00 • 7.001 zoo Retool Hewnue Ollive Cl... A 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 011X. C30zB 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Rated Big Box A 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 11 Retail ft Box B 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Pod-1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1/ Pad - 0 0 U Total lteNel Rzvenus U 0 0 0 0 0 0 0 0 0 U 0 0 U U Willer Revenlre Oll:er 0 a 0 0 0 0 0 0 0 0 U 0 U U U n,er 0 0 0 0 0 0 0 0 0 0 o g 0 0 u 00:: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 011- 0 0 0 a o 0 0 0 0 0 0 0 0 0 0 0 nr 0 0 Total Other Revsnw O U 0 0 0 U 0 0 0 0 0 U 0 0 J Tnlel Orazs Rovenue 0 0 0 0 0 0 0 0 0 0 0 0 0 0 total V., l.. to,, Rental Revenual 0 0 0 O O 0 0 0 0 o 0 0 0 0 0 0 inl.1 NO Rovenue 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Agenda Information Memo Eagan Economic Development Authority Meeting August 3, 2009 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. /as-