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05/04/2010 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING May 4, 2010 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE P II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS ?-I A. Recognition of Friends of the Farm Volunteers for their volunteer hours at Holz Farm P3 B. Recognition of Government Innovation Award IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) P. 110 A. APPROVE MINUTES Po-?a B. PERSONNEL ITEMS ecjC. APPROVE Check Registers Pa�P D. APPROVE an amendment to Park Dedication Use Agreement with Faithful Shepherd Catholic School E. Item Removed �dq F. ADOPT Resolution approving internal financing consisting of Ice Arena Gross Revenue Bonds, Series 2010. '08) G. DECLARE leather fire helmets surplus and authorize sale 3� H. ACCEPT $1000 donation from Wal -Mart for Fire Safety it I. ACCEPT Part I Housing Improvement District Application from the Coachman Oaks Homeowners Association and '1 Authorize staff to request a Part II Application [�[l J. APPROVE authorization to participate in the Dakota County Urban County Designation for CDBG and HOME p Funding [y1 K. APPROVE Extension of the Preliminary Subdivision for Diffley Plaza 2 "d Addition PC;3L. APPROVE Findings of Fact for Denial for Coventry Senior Living Comprehensive Guide Plan Amendment and Planned Development Amendment for the property located at 1650 Hunt Drive ( 51 M. AUTHORIZE Request for Advance of Municipal State Aid Funding Q (oi N. PROCLAIM May 16 -22, 2010 as Public Works Week DD O. APPROVE Joint Powers Agreement with Dakota County (Cliff Road & Cliff Lake Road / Rahncliff Road — Street r•b3 Improvements) p P. APPROVE Plans and Specifications / Authorize Advertisement for Bids for Contract 09 -13 (Duckwood Drive `Pt Extension — Street & Utility Improvements) .WQ. APPROVE request for extended work hours, Highway 3, Overlay (MnDOT S.P. 1981 -23) p.' q R. APPROVE a grant from the Minnesota Department of Administration for an Eagan Heros Memorial and direct the ii W Mayor and City Clerk to sign all appropriate documents. PISS S. APPROVE Tree Maintenance Contractor License for Raul Gracia, Tree Amigos Service and Landscaping, LLC P'6T. PROCLAIM June as Eagan Lakes Appreciation Month V. PUBLIC HEARINGS fAl A. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS B. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS PAC. CERTIFICATION OF DELINQUENT BOARD UP BILLS I D. CERTIFICATION OF DELINQUENT REFUSE REMOVAL BILLS E. CERTIFICATION OF DELINQUENT UTILITY BILLS F. RIGHT -OF -WAY VACATION — Old Sibley Highway and Old Sibley Memorial Highway (MVTA Cedar Grove Transit X14"7 Station) VI. ORGANIZATIONAL BUSINESS A. ADVISORY COMMISSION APPOINTMENTS FOR 2010 -2011 V. \5a, VII. OLD BUSINESS P j-1 A. ORDINANCE AMENDMENT - Chapter 3, "Municipal and Public Utilities - Rules and Regulations, Rates, Charges and Collections ", regarding delinquent account penalties. VIII. NEW BUSINESS Q A. CONDITIONAL USE PERMIT, VARIANCE AND FINAL PLAT- Minnesota Valley Humane Society -A Conditional Use t � 1(9 Permit to allow a kennel with outdoor runs, a Variance of approximately 4'8" to the 40' front yard setback and a Final Plat of approximately 1.4 acres to create one lot located at 951 Apollo Road. B. PLANNED DEVELOPMENT AMENDMENT - Property Claim Solutions - A Planned Development Amendment to allow ao overnight parking of 6 commercial vehicles and a trailer located at 2005 Pin Oak Drive. C. INTERIM USE PERMIT - Max Steininger Inc. - An Interim Use Permit to allow a temporary contractor storage yard -tab located at 3089 Neil Armstrong Blvd. IX. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time) XI. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT City of Eagan In TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 30, 2010 SUBJECT: AGENDA INFORMATION FOR MAY 4, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 4, 2010 City Council agenda, the following items are in order for consideration. Agenda Memo May 4, 2010 City Council Meeting RECOGNITIONS AND PRESENTATIONS A. RECOGNITION of Friends of the Farm volunteers for their volunteer hours at Holz Farm. ACTION TO BE CONSIDERED: Recognize Sharon Boeckman, Walt Fletcher, Dorothy Peterson, and Glenda Holz for their volunteer hours at Holz Farm. FACTS: • Sharon Boeckman is being recognized for reaching the 750 hour milestone. • Walt Fletcher is being recognized for reaching the 750 hour milestone. • Dorothy Peterson is being recognized for reaching the 500 hour milestone. • Glenda Holz is being recognized for reaching the 250 hour milestone. • The volunteer efforts of the Friends of the Farm have been an extremely valuable component to the success of preserving the 1940's farming heritage for the community. • The Friends of the Farm organization provides volunteer hours and financial support that allow for programs and restoration work at Holz Farm. • Volunteers contributed a total of over 1,000 hours of service to Holz Farm in 2009. • Friends of the Farm volunteers are recognized by the City Council after they've reached specific volunteer hour milestones. • Spring is a busy time at the farm as the volunteers and City staff prepares the farm for the Holz Farm Spring Festival on Sunday, May 16'h and summer camps that will take place in July. The Farm also hosts the Eagan Garden Club plant sale on Saturday, May 8'h • Parks & Recreation Director Johnson will recognize Boeckman, Fletcher, Peterson and Holz in honor of their dedication to Holz Farm. ATTACHMENTS: • None. o� Agenda Information Memo New Business May 4, 2010 Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS B. RECOGNITION OF GOVERNMENT INNOVATION AWARD ACTION TO BE CONSIDERED: None. Officially reoeive award. FACTS: ➢ In April the City of Eagan was honored to receive a Local Government Innovation Award from the Humphrey Institute at the University of Minnesota for its creative public /private partnership with Thomson Reuters on the Eagan Television studio. ➢ Eagan Communications Director Tom Garrison will present the award to the City Council and explain its significance. ➢ The Local Government Innovation award, was presented by the Humphrey Institute's Public and Nonprofit Leadership Center in collaboration with the League of Minnesota Cities, the Association of Minnesota Counties, and the Minnesota School Boards Association. ➢ It recognizes outstanding cities, counties, and public schools that have used innovative practices to improve local services, or as Jay Kiedrowski, senior fellow at the Humphrey Institute says, "the extra work local governments are doing to balance difficult budgets during this tough economic time." "The winners, he says, "deserve the public's gratitude for real innovation to preserve local services while reducing costs." ➢ The E -TV studio collaboration created a community television facility located on the Thomson Reuters campus. It is believed to be the first public access studio located on a corporate campus anywhere in the country. ➢ During the day, E -TV staff provides internal video services to in lieu of rent and the studio is used by Thomson for executive communications to its offices around the world. During afternoon and evening hours the studio is utilized by the City of Eagan and residents for community television needs. ➢ Noting that the Thomson Reuters /Eagan partnership was achieved' and produced results in just six months time, Rick King, Chief Technology Officer of Thomson Reuters Legal said, "These sorts of things come easy when an organization and a city share similar values and where the spirit of partnership is so infused into our cultures." ➢ To receive this award from a panel of our peers and one of the top professional schools for public affairs in the country means a great deal ➢ We are pleased to present the award to the Eagan City Council, whose support made the partnership possible. ATTACHMENTS: Y Copy of E -TV presentation, on pages 4 to 2 y- Award program on pages � and�� 3 (Al) c '0 C fu 3 c:a L Q) i o o +, CD ru ca o U � O � J r-i W U 4� L 4J X W c O 4� 4� cu CD ro W N F- • • �L Q Ur) 0 3: L 0 I low-III0 S O L .-, O U • — cn U .,-J .— L E 4-J Q. 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M cu O N aj w LO w u a+ c3 �+ v ++ a O cvi CU p U> E„ m C w cn O cn a 0 ca C" u C C u U mC cts a) p yam, C O ra O a) O CD C c�C ��, .� C C i 0. a) O a�i w w -o u� r 4. � .. to W to u rc O U cn v r? H a C Agenda Information Memo May 4, 2010 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 April 20, 2010 Regular City Council meeting and the April 27, 2010 Special City Council meeting as presented or modified. ATTACHMENTS: Minutes of the April 20, 2010 Regular City Council meeting are enclosed on pages AV through. Minutes of the April 27, 2010 Special City Council meeting are enclosed on pages +h . Q..gh . 14 MINUTES OF A REGULAR MEETING OF THE DR A F i EAGAN CITY COUNCIL Eagan, Minnesota April 20, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken and Hansen. Councilmembers Fields and Tilley were absent. A regular meeting of the Eagan City Council was held on Tuesday, April 20, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken and Hansen. Councilmember Fields arrived late. Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA City Administrator Hedges noted that the order of the agenda would be changed in order to accommodate Councilmember Fields' delay in attending the meeting. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 3 Nay: 0 RECOGNITIONS AND PRESENTATIONS The Oath of Office was administered to Police Officer Eric Tessmer by Deputy Clerk Broyles. CONSENT AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the April 6, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Seasonal Employees in the Streets Maintenance and Parks and Recreation Division. C. It was recommended to ratify the check registers dated April 1, 2010 and April 8, 2010 as presented. D. It was recommended to adopt a Resolution approving an Exempt Permit for Experimental Aircraft Association to conduct a raffle on October 3, 2010. E. It was recommended to declare bicycles and unclaimed property to be surplus. F. It was recommended to approve a Resolution establishing Metcalf Junior High School, 2250 Diffley Road, as the new polling place for Precinct 12. G. It was recommended to approve a Tree Maintenance Contractor License for Lawrence Tree and Stump Services, Inc., 17082 Georgetown Way, Rosemount. H. It was recommended to award two additional new contracts for the construction of the Fire Safety Center and to cancel one previous contract authorized for the project. I. It was recommended to adopt a policy for setting interest rates on special assessments, and set current year rate at 5.0 %. J. It was recommended to approve equity transfers to close out the 2002B Refunding Debt Service Fund, the Assessments on City Property Capital Projects Fund, and the Drug Forfeiture Special Revenue Fund. K. It was recommended to authorize staff to take the necessary steps to finance the Civic Arena geothermal and related improvements internally and to call the outstanding Civic Arena bonds. L. It was recommended to accept a donation from the Friends of the Eagan Core Greenway in the amount of $3,000 to provide plantings, interpretive signage and a bench in Patrick Eagan Park. 0 City Council Minutes April 20, 2010 Page 2 .7RA� M. It was recommended to authorize the advertisement for proposals to replace the ice resurfacer for the Eagan Civic Arena. N. It was recommended to acknowledge Eagan as the recipient of the 2009 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Sunday, May 16 as Arbor Day and May, 2010 as Arbor Month in the City of Eagan. O. It was recommended to accept an MRAC grant for $5,000 from the Metropolitan Regional Arts Council for summer programming. P. It was recommended to modify the development contract to extend the completion dates for site improvements from May 1, 2010 to May 1, 2012 for Red Pine Crossing, located south of Red Pine Lane and east of Hwy. 3 in the SE % of Section 36. Q. It was recommended to approve the plans and specifications for Contract 10 -01 (Citywide Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 3, 2010. R. It was recommended to reschedule a public hearing to consider the petition to vacate public right -of- way known as Wescott Woodlands to be held on May 18, 2010. There were no public hearings. PUBLIC HEARINGS OLD BUSINESS Old Business Item A was addressed later in the meeting. CONDITIONAL USE PERMIT — WAGGING TAILS PET RESORT CONDITION MODIFICATION City Administrator Hedges introduced this item regarding a request to modify a condition which would eliminate the sound attenuation requirement for a full service animal care facility at 3275 Sun Drive. City Planner Ridley gave a staff report. Keith Olson, Wagging Tails Pet Resort, discussed his request and noted that noise from dogs has not been an issue. Council members held a discussion regarding the canopy and the sound attenuation. Dave Leake, Blue Rhino Studios, stated he had no problem with the request but was concerned if noise became an issue at a later date. Councilmembers discussed the proposed change and highlighted that the part of the condition relative to noise attenuation would be left intact. Councilmember Bakken moved, Councilmember Hansen seconded a motion to amend the language in condition number 10 of the Conditional Use Permit shown below and that same shall be recorded against the property located at 3275 Sun Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park 2nd Addition to read: Aye: 3 Nay: 0 10. The applicant shall install a canopy to cover at least 20% of the outdoor play area and shall be installed by May 15, 2010. If the City Animal Control Officer determines that there is excessive noise generated from the outdoor play area, the City Council shall determine whether noise absorbing sound panels need to be installed by the applicant. The failure of the applicant to install the panels, if so required by the Council, shall be cause for revocation of the Conditional Use Permit. !v City Council Minutes April 20, 2010 Page 3 NEW BUSINESS INTERIM USE PERMIT — BUILDING MATERIALS OUTLET D R A F T�- City Administrator Hedges introduced this item regarding an Interim Use Permit extension to allow outside storage of trailers and building materials upon a 6.2 acre site located at 2795 Highway 55. City Planner Ridley gave a staff report. Don Prettyman, BMO and Scott Smith, IRET Properties were present. Discussion was held regarding site improvements that would include resurfacing of the storage area and it was determined by the Mayor and Council that because the ultimate goal of the property owner and City was redevelopment of the site, investment in likely temporary improvements was not prudent. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve an Interim Use Permit extension to allow outside storage of trailers and building materials upon a 6.2 -acre site located at 2795 Highway 55 subject to the following conditions: Aye: 3 Nay: 0 1. The permit shall terminate upon the earlier of either cease of use or three years from the date of City Council approval. 2. The Interim Use Permit shall be recorded within 60 days of its approval by the City council. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. Retail sales are prohibited. 5. The applicant shall immediately remove all outdoor storage on the adjacent property. 6. The applicant shall submit a revised and more detailed Site Plan showing where and how additional green space will be established, and identifying parking stalls and dimensions. 7. All outside storage shall be contained within the subject parcel, and limited to the areas specified on the modified staff Site Plan dated March 17, 2010. 8. The outside storage of trailers and building materials is limited to the number and location as shown on the modified staff Site Plan dated march 17, 2010. 9. All trailers shall be located within the designated trailer storage area shown on the modified staff Site Plan dated March 17, 2010. A maximum of 13 trailers may be stored within this area. 10. Required setbacks shall be delineated and outdoor storage items shall be moved back from property lines to establish setbacks and yard areas as required by City Code. 11. The existing surfacing of the outdoor storage areas shall remain. 12. All parking and storage areas shall be properly maintained to prevent deterioration. 13. No hazardous materials shall be stored on the property. 14. A minimum 20' emergency access aisle shall be designated and maintained on the south and west sides of the building, and a 24' drive aisle shall be maintained through the parking and storage area along the east side of the building. 15. A detailed Landscape Plan prepared by a registered landscape architect shall be submitted for review and approval by City staff to include landscaping of perimeter yard setback areas, parking lot islands and for screening purposes. As required by City Code, all landscaped areas shall be served by automatic irrigation. Landscaping shall be installed by October 31, 2010. 16. All signage shall meet City Code standards and be brought into compliance within 30 days following approval. 17. The applicant shall provide public street easement across the BMO property (2795 Highway 55, Parcel 10- 53320 - 071 -00) from Highway 55 to Beverly Drive, in a form acceptable to the City Attorney and in a configuration acceptable to the City Engineer. / I City Council Minutes April 20, 2010 Page 4 ADMINISTRATIVE AGENDA There were no items that required action. �-)RAFT OLD BUSINESS ITEM A COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT COVENTRY SENIOR LIVING Councilmember Fields arrived. City Administrator Hedges introduced this item regarding 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 56 unit Senior Living Facility for property located at 1650 Hunt Drive. City Planner Ridley gave a staff report. Greg Johnson, representing Coventry Senior Living, was present to discuss the proposed project and answer questions of the Council. Four area residents expressed concern regarding increased traffic and safety issues should the senior living facility be constructed in their neighborhood. Public Works Director Colbert spoke to traffic concerns and estimated number of trips generated based on the use of the site and concluded that an insignificant amount of traffic generated by the proposed use would use Birch Pond Road. Councilmembers held a discussion regarding the potential ramifications of the proposed land use designation change from medium density to high density. Other potential uses for the property were briefly discussed. Ultimately, the Mayor and Council determined that the proposed Guide Plan Amendment would result in a density that is inconsistent with the area and that the proposed deviations from straight zoning standards were not acceptable. Councilmember Fields moved to implement 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 56 unit Senior Living Facility for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition. Motion failed for lack of a second. Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to draft Findings of Fact for Denial of a Planned Development Amendment to amend the Preliminary Planned Development to allow for a 56 unit Senior Living Facility for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember seconded a motion to adjourn the meeting at 10:00 p.m. Aye:4 Nay:0 Date QD Administrative Secretary / Deputy Clerk MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, APRIL 27, 2010 5:30 P.M. CONFERENCE ROOMS 2A & 2B — EAGAN MUNICIPAL CAMPUS I. ROLL CALL AND AGENDA ADOPTION City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Hedges. City Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. ADVISORY COMMISSION INTERVIEWS The Mayor and City Councilmembers interviewed 18 Advisory Commission applicants, and noted that appointments would be made at the May 4, 2010 City Council meeting. VIII. ADJOURNMENT The meeting adjourned at 9:30 p.m. C-;�I Agenda Information Memo May 4, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks, Forestry & Engineering divisions. Name Division Job Title Dave Tripp #3170- Parks Ballfield Attendant Richard Lemay #3170- Parks Ballfield Attendant Ben VonDeLinde #3170- Parks Park Maintenance Charlie Krause #3170- Parks Park Maintenance Jeff O'Donnell #3170- Parks Park Maintenance Maura Marko #3201 - Forestry Forestry Tech Ray Vogtman #3201 - Forestry Tree Inspector Mark Danielson Engineering Intern Alex Kabokov Engineering Intern Ryan Neumann #3170- Parks Park Laborer Ab� City of Eapn ma To: Courtney and Gina From: Parks and Recreation Date: April 30, 2010 Subject: May 4 City Council Meeting New Seasonal Hires for Parks and Recreation The following employees were hired in Parks and Recreation. Please add them to the May 4 City Council meeting agenda. Name Division Job Title Pay Rate Hire Date Katie Stein CB Guest Services 9.50 5 -1 -10 Jennifer Stanull 896 " Peggy Horan 8.43 Angela Tumini 8.43 James Glewwe 8.43 " Abigail Guetzlaff 8.43 Jonathan Hardegger 8.43 " Kristen Riehle 8.43 " Kristine Wietecha 8.43 Weston Sternitzke Lifeguard 9.55 " Kaitlin Keeney 10.61 " Danielle Gartner 8.49 " Holly Krawza 8.49 " Benjamin Williams Pool Attendant 7.90 " Christopher Schmacher 8.43 " Hannah Blenkush 7.90 " Max Apple 7.90 " Caitlyn Huonder 896 Erin Coyne 8.96 Andrew Weil Coordinator 12.73 Kayla Csargo 13.26 .. LG Instructor 11.33 " Timothy Styx Coordinator 12.73 " LG Instructor 11.33 " Nicholas Brannan Coordinator 12.73 " .. LG Instructor 11.33 " Benjamin Hubner Coordinator 13.79 " LG Instructor 11.33 Michael Petesch Lifeguard 10.61 Kelly Moeller 10.08 Naomi Muckler 10.08 " Q3 Dane Plifka Lifeguard 9.55 " Mara Plitka 9.02 Laura Young 10.08 Nicole Meehan Pool Attendant 7.90 Katherine Nylund Guest Services 1 7.50 L\Parks and Recreation \cmesko \Employee Data- Seasonal\Memo to HR- Payroll a4 Agenda Information Memo May 4, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 15, 2010 and April 22, 2010 as presented. ATTACHMENTS: • Check registers dated April 15, 2010 and April 22, 2010 are enclosed without page number. Agenda Memo May 4, 2010 City Council Meeting D. APPROVE an amendment to Park Dedication Use Agreement with Faithful Shepherd Catholic School. ACTION TO BE CONSIDERED: Approve an amendment to the original Park Dedication and Use Agreement between the City of Eagan and Faithful Shepherd School and authorize the Mayor and City Clerk to sign the appropriate documents. FACTS: • In 1999 the City entered into an agreement with Faithful Shepherd School whereby the school agreed to construct athletic fields on school property and allow scheduled community use in lieu of paying a park dedication fee. • The agreement was intended to become effective for a 15 year period beginning at such time as the fields were determined to be of a condition appropriate for community use, during which time the park dedication amount owed would be reduced consistent with an amortized schedule. • An amendment to the agreement was approved by the City Council on January 7, 2006 when the fields were first going to be made available for use. The amendment focused primarily upon revisions to the hours of use, maintenance responsibilities and the need to meet regularly to review schedules and any special events. • The current amendment under consideration addresses the Archdiocese of St. Paul and Minneapolis coverage program request of its business partners to agree to indemnification language in contracts. • The attached amendment provides financial protection for partners of the Archdiocese when claims arise from contracted services and for claims when the Parish is negligent. • The Archdiocese is asking that the language in the amendment be included in future contracts or simply be attached to the existing agreement. • The City Attorney has reviewed the request to include this amendment as part of the 1999 agreement between the City of Eagan and Faithful Shepherd School and is comfortable with the proposed language. ATTACHMENTS: • Amendment to contract — indemnity language on page] 77 -CR ►.1- ADDENDUM TO CONTRACT - INDEMNITY LANGUAGE CONTRACT PARTNER: TERM OF CONTRACT: CONTRACT (Description of Contract): The PARISH agrees to defend, protect, indemnify and hold harmless the above named CONTRACT PARTNER against and from all claims arising from the negligence or fault of PARISH or any of its agents, officers, employees or volunteers for claims arising from the above identified CONTRACT and arising from PARISH'S negligence. PARISH and CONTRACT PARTNER agree that this ADDENDUM TO CONTRACT overrides any insurance or indemnification language in conflict with this agreement when this ADDENDUM is attached to an existing CONTRACT or stands alone whether or not the existing CONTRACT has been previously signed or will be signed in the future. PARISH: SIGNED BY: (Representative of Parish) NAME (Please Print): DATE: (6/08) CONTRACT PARTNER: SIGNED BY: (Representative of Contract Partner) NAME (Please Print): DATE: a7 ARCHDIOCESE OF ST. PAUL & MINNEAPOLIS INDEMNIFICATION GUIDELINES The Archdiocese of St. Paul & Minneapolis coverage program is requesting its business partners agree to indemnification language in contracts that is fair and reasonable. With the understanding that there are liability risks with some business relationships, we understand our partners' desire to limit liability. It is our intent to provide indemnification protection to our partners for claims arising from our operations and negligence. Operating in an increasingly difficult liability environment, the Archdiocese's coverage program is unable to provide financial protection for our contractual partners when claims arise outside our services or occur due to the fault of a contract partner. We believe it is unreasonable for a contract partner to demand financial protection for a claim not arising from our services or a claim where a contract partner is negligent. The attached Addendum to Contract provides financial protection for our partners when claims arise from contracted services and for claims when the Parish is negligent. The addendum accomplishes two goals. First, ensuring our partners are protected. The second, ensuring we can continue our important missions. The Archdiocese is asking that the language in the attached Addendum to Contract be included in future contracts, or the addendum simply be attached to an existing or proposed contract. aO Agenda Information Memo May 4, 2010 Eagan City Council Meeting F. ADOPT RESOLUTION APPROVING INTERNAL FINANCING CONSISTING OF ICE ARENA GROSS REVENUE BONDS, SERIES 2010 ACTION TO BE CONSIDERED: • To adopt a resolution approving internal financing of Ice Arena Gross Revenue Bonds, Series 2010. FACTS: • At the February 1, 2010 City Council meeting the following actions were taken: 1. A 50% matching grant in the amount of $1,338,000 as part of Recovery Act - Geothermal Technologies Program for Ground Source Heat Pumps to reduce the Eagan Civic Arena's energy usage and cost was accepted. 2. A Guaranteed Energy Savings Contract, pursuant to Minnesota Statute 471.35 Subd. 13 (b) to Harris Companies in the amount of $3,194,506 to retrofit the mechanical system at the Eagan Civic Arena and replace the west arena floor with other energy related improvements was approved. 3. Staff was directed to work with the City's fiscal consultant, Springsted, Inc., to prepare a plan to borrow the funds necessary to finance the City's share of the project. At the April 20, 2010 City Council meeting staff was authorized to take the required steps to finance the Civic Arena geothermal and related improvements internally and to call the outstanding Civic Arena bonds. • The City's bond attorney, Steve Rosholt at Faegre & Benson, has prepared the documents to authorize the internal financing and to call the outstanding bonds. The internal borrowing will be in the amount of $2,550,000 to be used as follows: 1. $1,665,000 for the improvements. 2. $875,000 to refund the outstanding balance of the Ice Arena Gross Revenue Bonds, Series 1998B issued in the original amount of $1,565,000. 3. $10,000 to finance costs related to the issuance and refunding. M • The new borrowing will require annual debt service of approximately $182,000 over 20 years. Current annual debt service is approximately $126,000 and projected annual energy savings are $100,000. • The remainder of the annual energy savings not required for the new debt service will be placed in the Civic Arena Renewal & Replacement account. In this context the improvements and the new borrowing should not impact the Arena's financial operations and would not be a new or different factor in setting hourly rates or in the financial success of the facility. ATTACHMENTS: The resolution for this issue — 11 pages in length — is not included with the packet, but is available in the City Administrator's Office if any member of the City Council would like to receive a copy. W Agenda Memo May 4t", 2010 Regular City Council Meeting CONSENT AGENDA: G. DECLARE LEATHER FIRE HELMETS SURPLUS AND AUTHORIZE SALE. ACTION TO BE CONSIDERED: To declare leather fire helmets surplus and authorize their sale. FACTS: • The Eagan Fire Department has used leather fire helmets that are no longer suitable for interior firefighting. • The helmets were purchased in the 1990's; they are constructed out of heavy leather vs. the light weight composite helmets used today. • Typically this gear is disposed of due to its age and condition. • There is value in the leather helmets for collectors. • The Fire Department would like authorization to sell the helmets to collectors via an internet auction site to highest bidder. • The Fire Department would like the authorization to place funds from sale of used helmets in the account (1225.2864.2) for the restoration of Eagan's antique fire truck, Unit 1. • Over the past 4 years, the Fire Department has raised over $15,000 for the restoration of our first Fire Engine. • The total cost to fully restore the truck is estimated over $20,000. • The helmets should have a value of between $75 -100 each. ATTACHMENTS: None 81 Agenda Memo May 4" 2010 Regular City Council Meeting H. ACCEPT $1000 DONATION FROM WAL -MART FOR FIRE SAFETY Approve a resolution accepting donation from Wal -Mart for $1,000 for the purchase of a television and DVD for the Fire Safety Trailer, and approve a budget adjustment increasing revenues and expenditures in the General Fund by $1,000 for the donation and its related expenditure. ACTION TO BE CONSIDERED: To approve a resolution accepting a donation from Wal -Mart for $1,000 for the purchase of a television and DVD for the Fire Safety Trailer, and approve a budget adjustment increasing revenues and expenditures in the General Fund by $1,000 for the donation and its related expenditure. FACTS: • Wal -Mart has offered to donate $1,000 to the City of Eagan. • The Fire Department is requesting that the funds be used for the purchase of a new television and DVD player for the Fire Safety Trailer for educational purposes. • The funds will be placed in Fire Prevention account 1228.6230. • A thank you letter will be sent to Wal -Mart from the fire department. ATTACHMENTS: • Resolution accepting donation to the City of Eagan is enclosed on page �• 3� EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on May 4`h, 2010, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, The Eagan Wal -Mart has offered to donate $1,000 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Wal -Mart for the gracious and generous donation. ADOPTED this 6h day of April, 2010 Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. 33 Agenda Information Memo New Business May 4, 2010 Eagan City Council Meeting L RECEIVE PRELIMINARY APPLICATION FOR CONSIDERATION OF HOUSING IMPROVEMENT DISTRICT FOR COACHMAN OAKS HOMEOWNERS ASSOCIATION ACTION TO BE CONSIDERED: To receive an application from the Coachman Oaks Homeowners Association and direct City Staff to Request Formal Application for Housing Improvement District Consideration for their property. FACTS: ➢ In 2006, the City Council was approached by one of the homeowners associations in the City regarding the potential creation of a City policy for the creation of Housing Improvement Districts (HID), which permit homeowners associations to work with cities to finance improvements to common areas that cannot be financed by other means. ➢ In response, the City Council adopted a policy on September 25, 2005 that would permit consideration of petitions and the process by which applications would be reviewed. ➢ To date, the City has approved two HIDs to assist with exterior improvements for the Cedar Bluffs Townhomes and the Meadowlark Ridge Townhomes. ➢ The Coachman Oaks Homeowners Association has submitted a preliminary application and background information to permit the City to consider whether the next application phase is in order. The property is located on Coachman Road north of Yankee Doodle Road and the Association consists of the owners of 220 units. ➢ In the preliminary application, the Association indicates that it plans to complete the following improvements: interior common area improvements, replacement and updates of mechanical systems and improvements to lighting, signage and exterior common area features. ➢ The improvements appear to address a number of the policy goals outlined in the City's Housing Improvement District Policy including: promoting neighborhood stabilization and revitalization by upgrading the existing housing stock in the neighborhood, increasing or preventing the loss of tax base of the City, stabilizing the owner occupied level within the association and increasing energy conservation. ➢ The proposed improvements deviate slightly from the approved City policy in that they primarily relate to interior common area, where the City policy was written in anticipation of improvements being primarily to the exterior common areas. The policy aligns well with townhome properties in which almost all common area elements are exterior. In the case of Coachman Oaks, the Association has internally financed and performed exterior improvements including windows, siding and roofing through three Association assessments. As a result of the Association placing the first priority on those improvements, the common area work that is left to be done is primarily in the interior of the building. As a result of City and CDA staff discussions with the Association's representative, it appears that the proposed improvements can be interpreted to meet the intent of the policy, but it is important to call out this background and discussion for 3� Council consideration, in the event that the Council were to conclude that Housing Improvement Districts should be reserved for exterior improvements. The preliminary loan amount estimated for the improvements is $1,694,290, which will be subject to slight modification as financing and related costs are determined. The next phase of the review is a formal submittal of improvement plans, detailed financial plans and a fee to cover City costs associated with the detailed review. This action item is a checkpoint for the City Council to receive initial background regarding the proposal and authorize the Association to proceed with the next application phase. ISSUE: i If the Council wishes additional discussion of the issue of the application of the policy to interior common area improvements versus exterior improvements, this item may be pulled from the consent agenda for separate consideration. ATTACHMENTS: i' Location map on page p i> Excerpt from Preliminary Application on pages through O Association narrative letter on pages through HID Policy on pages through 3S Location Map •� I Fort Snelling :Statd'Park oim. Re all- A Glut Rd ' Q� Map Area Extent o Subject Site ®.® EB EB FOUR OAKS RD O o Q ®® J O Central Park Park ` ❑� O cr_vT ling v 00 aU O mm U Quarry-Park- mmmmm B Anwv R mmmmm m� f �! 28• �3BHM�i'Fi6ABP19. RB>R - �° EEI i Park ED =I Feet 0 500 1,000 2,000 Coachman Oaks Condominiums Legend �� ■iCity Boundary Parcels Parks Buildings N City of Ealan ADDENDUM TO: City of Eagan Preliminary Application Housing Improvement Area Financing FOR: Coachman Oaks Condominiums 1. The project is intended to address a number of interior and exterior deficiencies which need to be corrected in order to keep the property viable in the condo market and to cure physical deterioration. The Association will spend approximately $1,015,000 on interior common area improvements; $441,000 to replace and update mechanical systems; and $153,000 to improve the lighting, signage and outdoor common area amenities. An allowance of $85,000 for the services of a Project Manager is also included. Altogether the total comes to $1,694,000. 2. Coachman Oaks Condominium Association and its Members face the financial challenges experienced by many rental conversion properties. At the time of transition to homeowner control, the Association treasury had minimal funds set aside for future capital expenditures, yet they were responsible for maintaining a large property with 10 years of accrued depreciation. After seeing a resurgence in property values in the late 1990's and early 2000's, and a corresponding decrease in the number of rental units, property values are again on the decline. The Estimated Market Value of most of the units at Coachman Oaks has been lowered by 20% in just the past year, and the number of rentals is increasing. Although the Association members recently approved an Amended and Restated Declaration which prohibits future sales to investors, that doesn't solve the problem if owner - occupants are not interested in buying at Coachman Oaks. The last major redecorating of the Common Areas occurred in the early 1990's, and due to lack of funds, the scope and quality had to be curtailed. The result is common areas with a very dated appearance. The halls are ventilated by means of an antiquated system which does not heat or cool the air, and leaves them uncomfortably hot and humid in the summer, and so cold in the winter that it must be turned off. With the softening in the condo market, prospective buyers have many choices and an older property such as Coachman Oaks needs to make a significant investment to remain viable. The fire alarm system is now 30 years old and with an older building that lacks the fire - resistive construction of newer buildings there is a greater need for an up -to -date fire alarm system. However, updating the existing fire alarm and ventilation systems will entail making holes in the walls and ceilings of the common areas; logic dictates that this work is done prior to the redecorating. The exterior lighting needs to be updated to provide better coverage, aesthetic appeal and to hopefully curtail break -ins in the parking lot. Improving the outdoor common area amenities such as the picnic /grill area and renovating the tennis court will create a friendly neighborhood atmosphere. 377 Addendum to City of Eagan HIA Preliminary Application Page 2 of 2 Coachman Oaks Condominium Association 3. See the proposed timetable attached. 4. Attached is a list of the proposed expenditures for the coming year which total $1,573,090. The Association has the necessary finds already on hand to cover the difference between the HIA proceeds and the estimated costs, including a reasonable contingency allowance. 5. The Board of Directors has considered the option of directly assessing the Members or borrowing the funds from a commercial bank, but has discarded both as not feasible. The Members at Coachman Oaks are of moderate and fixed incomes, and a special assessment of an average $7,200 per unit would force some long -time owners to sell and would drive other owners into delinquency. The option of providing a long -term assessment payment plan will not address the needs either as the Association cannot spend the money until it has been collected, and the needs are too immediate for that approach to work. Simply increasing the monthly assessments is not a viable option either; the average unit at Coachman Oaks already pays in excess of $3,300 annually in assessments. Part of the reason for those high assessments is that 20% of the annual budget ($132,300) is dedicated to the Replacement Reserve Fund. Increasing assessments by perhaps 25 -50% would simply be counterproductive, as it would make unit re -sales all but impossible. Commercial banks are not interested in long -term fixed rate loans to a condominium association which has no tangible collateral other than the 2 - two - bedroom units that it owns. As a result, payment terms are generally in the 5 -7 year range, which would make the monthly repayment amount too high. 6. The possibility of asking the City to create a Housing Improvement Area was first discussed at the Board level a year ago. Management was asked to put together a list of needed improvements, which were then given to Bach Consulting Group who prepared the attached "Reserve Study Funding Plan ". (Principal David Bach has earned the Community Associations Institute's Reserve Specialist designation.) The fact that the Association did not have the funds available to meet projected capital costs in the short term was first noted at the March 2009 Board meeting and again at the April 2009 Association Annual Meeting, which also mentioned the possibility of obtaining the necessary finds from the City through the HIA program. The HIA program has also been discussed at virtually every open Board meeting in the past year and in the 2010 Budget cover letter, and the response from the Members is positive. ON April 26, 2010 Re: Coachman Oaks Condominiums 1700 Four Oaks Road & 3155 Coachman Road Eagan, MN 55121 Dear City of Eagan Council Board Members: Thank you for your time and consideration of Coachman Oaks' HIA application. The Board of Directors is fully understanding of the Cities purpose as it relates to the use of the Housing Improvement Area financing. We understand that it shall be used as guide when reviewing our application for funds to improve and update our condominium association. Coachman Oaks is a 220 Unit condominium association, most of our common areas are interior such as the community rooms, weight room, game room and obviously hallways. Unfortunately the Association was underfunded with their Replacement Reserves. The Association has had three special assessments over the past 10 years. Those special assessment funds were used to replace 70,000 square feet of roof with a new Duro- Last PVC roofing product, they also have replaced the siding and sheathing with new Tyvek House wrap and new vinyl siding and soffits; they installed new high quality energy efficient Traco vinyl windows, patio doors and casings. They also removed and replaced all the concrete patios and balconies with new no- maintenance composite deckboards and aluminum railings. One last item they did was to install meal flashings over the face joists and support columns, to eliminate future painting. Since Omega Management has been managing the Association and with the work of the Board of Directors the Association is on track to funding their Replacement Reserves to a level that there should not be a need for another special assessment in the future (the next 30 years) after receiving HIA funding from the City of Eagan, barring any unforeseen catastrophic incident. As part of the HIA policy, we obtained a Reserve Study by David Bach and are in line with his recommendations for 3q funding. This year the Association is putting $132,300 in reserves and will continue with a 3% increase each year. The nature of the improvements the association wants to do requires complete funding at the beginning, having to wait or accrue financing along the way really would keep the building in such disarray that possible buyers would still go elsewhere. The work we are wanting to do requires cutting holes in the walls and ceilings to improve the air circulation in the building, which will then require the walls to be repaired, which will then lead us to painting and if we are painting we should update the style of the building as well, everything truly works together. Once we would update the walls (fresh paint, current styles) it would look wrong to leave the carpet until the Association would have the appropriate finances. As we all know first impressions are everything, these updates will help Coachman Oaks stay competitive in the market place. Very truly yours, Michelle Dearing, CMCAO Association Manager cc: Board of Directors qo CITY OF EAGAN HOUSING IMPROVEMENT AREA POLICY Approved September 20, 2005 Revised October 3, 2006 I. PURPOSE The purpose of this policy is to establish the City's position relating to the use of Housing Improvement Area (HIA) financing for private housing improvements. This policy shall be used as a guide in processing and reviewing applications requesting HIA financing. The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. H. POLICY It is the policy of the City of Eagan to use HIA financing to assist private property owners only in those circumstances in which the proposed private projects address one or more of the following goals: A. To promote neighborhood stabilization and revitalization by the removal of blight and/or the upgrading of the existing housing stock in the neighborhood. & To correct housing or building code violations as identified by the City Code Enforcement Staff. C. To maintain or obtain FHA mortgage eligibility for a particular condominium or townhome association or single family home within the designated HIA. D. To increase or prevent the loss of the tax base of the City in order to ensure the long -term ability of the City to provide adequate services for its residents. E. To stabilize or increase the owner - occupancy level within a neighborhood or association. F. To meet other uses of public policy, as adopted by the City of Eagan from time to time, including promotion of quality urban design, quality architectural design, energy conservation, decreasing the capital and operating costs of local government, etc. III. PROCEDURE In order to be eligible for HIA financing through the City of Eagan the association is to submit an application along with application fee as set from time to time by resolution of the City Council. All HIA financed through the City of Eagan should meet the following minimum approved criteria. However, it should not be presumed that a project meeting these criteria 41 would automatically be approved. Meeting these criteria creates no contractual rights on the part of any association. A. The project must be in accordance with the Comprehensive Plan and Zoning Ordinances, or required changes to the Plan and Ordinances must be under active consideration by the City at the time of approval. B. The HIA financing shall be provided within applicable state legislative restrictions, debt limit guidelines, and other appropriate financial requirements and policies. C. The project should meet one or more of the goals stated in the Policy section of this document. D. The term of the HIA should be the shortest term possible while still making the annual fee affordable to the association members. The term of any bonds or other debt incurred for the area should mature in 24 years or less. E. The association in a HIA should provide adequate financial guarantees to ensure repayment of the HIA financing and the performance of the administrative requirements of the development agreement. Financial guarantees may include, but are not Iimited to the pledge of the association's assets including reserves, operating funds and/or property. F. The proposed project, including the use of HIA financing, should be supported by a majority (51 %) of the owners within the association. The association should include the results of a membership vote along with petitions that indicate a 51 % owner support to create the area. G. The association must have adopted a financial plan that provides for the association to finance maintenance and operation of the common elements within the association and a long -range plan to conduct and finance capital improvements therein, which does not rely on the subsequent use of the HIA tool. The financial plan must be prepared by an independent third party, with designation as a CAI certified reserve specialist, and must conform to CAI Reserve Study Standards., H. HIA financial assistance is a last resort financing and should not be provided to projects that have the financial feasibility to proceed without the benefit of HIA financing. Evidence that the association has sought other financing for the project should be provided and should include an explanation and verification that an assessment by the association is not feasible along with letters from private lenders or other evidence indicating lack of financing options. I. The homeowner's association must be willing to enter into a development agreement, which may include, but is not limited to, the following terms: a. Establishment of a reserve fund b. Staffing requirements c. Annual reporting requirements d. Conditions of disbursement e. Required dues increases f. Notification to new owners of levied fees J. The improvements financed through the HIA should primarily be exterior improvements and other improvements integral to the operation of the I� project, e.g. boilers, In the case of a homeowner's association, the improvements should be restricted to common areas. The improvements must be of a permanent nature. The association must have a third party conduct a facility needs assessment to determine and prioritize the scope of improvements. K. HIA financing should not be provided to those projects that fail to meet good public policy criteria as determined by the City Council, including: poor project quality; projects that are not in accord with the Comprehensive Plan, zoning, redevelopment plans and the City policies; projects that provide no significant improvement to the neighborhood and/or the City; and projects that do not provide a significant increase in the tax base and/or prevent the loss of tax base. L. The City Council reserves the right to deny funding for specific improvements if they are determined not to be in keeping with the intent of the policy. M. The financial structure of the project should receive a favorable review by the City's Financial Advisor and Bond Counsel. The review will include a review of performance and level of outstanding debt of previous HIAs. N. The average market value of units in the association should not exceed the maximum home purchase price for existing homes under the State's fast time homebuyer program. IV. RESPONSIBILITY The Community Development Department shall have primary responsibility for implementation and coordination of this policy, V. AUTHORITY The City of Eagan has the authority to establish HIAs under 1994 Minnesota Iaws, Chapter 587, Article 9, Section 22 through 31, and extended in 2005, M.S. 428A.21 Within the HIA, the City has the authority to: A. Make housing improvements B. Levy fees and assessments C. Issue bonds to pay for improvements The City Council has the authority to review each HIA application which includes scope of improvements, association's finances, long -term financial plan, and at least 51 % membership support. Date of Approval: L Signed: Pat Geag y r 43 Agenda Information Memo Eagan City Council Meeting Consent Agenda May 4, 2010 J. APPROVE AUTHORIZATION TO PARTICIPATE IN DAKOTA COUNTY URBAN COUNTY DESIGNATION FOR CDBG AND HOME FUNDING ACTION TO BE CONSIDERED: To defer the City's Metropolitan City Entitlement Status for federal fiscal years 2011 through 2013 and remain a participant in the Dakota County Urban County designation for CDBG and HOME funding and authorize the Mayor to execute the appropriate documents. FACTS: The population of the City of Eagan would permit it to be a Metropolitan City and receive its allocation of HUD funding directly. In the past, the City has chosen instead to participate in the Dakota County Urban County designation. This relationship has permitted the City to rely on the Dakota County CDA to coordinate a number of functions related to these programs and the documentation and compliance steps necessary to conform to HUD standards. This relationship also permits some flexibility among the cities in Dakota County who participate in this designation, in that the CDA can spread and balance certain funding criteria across all of the cities rather than each City needing to meet them individually. In addition, unlike cities in a number of other counties, Dakota County cities have not needed to hire and maintain separate HRA staff positions for the functions described above. ATTACHMENTS: • CDA letter on page 4,r,— • Letter of authorization on page CDADakota County Community Development Agency O • • • • • • • • • • • • • • • • • • • • • April 15, 2010 Thomas Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: PARTICIPATION IN THE DAKOTA COUNTY CDBG & HOME PROGRAMS Dear Mr. Hedges; Every three years, the U.S. Department of Housing and Urban Development (HUD) requires urban counties to requalify their entitlement status and participating communities for the purpose of awarding Community Development Block Grant (CDBG) and HOME Investment Partnership Program funds. Dakota County has qualified as an urban county and has received an annual allocation of CDBG funds since 1984. CDBG - funded activities have been a key element to keep our communities strong and vibrant. The successful use of these funds is due to the active involvement and support from local government. We hope to continue this partnership. As a city with a population above 50,000, HUD classifies Eagan as a "metropolitan city ". With such a classification, Eagan is eligible to receive its own CDBG entitlement allocation but not a HOME allocation. To date, Eagan has chosen to defer its status as a metropolitan city and remain a part of Dakota County's urban county classification. The city needs to make a choice again for the next three year period of 2011 -2013. If you choose to remain a participant of Dakota County's CDBG and HOME programs, Eagan would continue to be eligible for funding through the Dakota County CDA. Whether the City chooses to defer or accept their metropolitan city entitlement status it must notify in writing both the Dakota County CDA and HUD Field Office no later than May 21, 2010. Notice to the HUD Field Office should be addressed to 920 South 2 °d Avenue, Suite 1300, Minneapolis, MN 55402. Attached is a sample letter you may use to defer your metropolitan city status if you choose that option. If you choose to accept a city entitlement status, you can use this same sample letter by changing it from deferral to acceptance. If you have any questions regarding this process or the CDBG and HOME programs, please feel free to contact me at (651) 675 -4464. Sincerely, Dan Rognes� Director of Commun' Revitalization /'� `1�'� 1228 Town Centre Drive Eagan, MN 55123 -1066 tel 651 -675 -4400 • fax 651 -675 -4444 Mike Maguire May 4, 2010 Mayor Paul Bakken U.S. Department of Housing and Urban Development Cyndee Fields Attn. Sara Bergen Gary Hansen 920 South Second Street, Suite 1300 Meg Tilley Minneapolis, MN 55402 Council Members Dakota County CDA Thomas Hedges Attn. Mark Ulfers 1228 Town Centre Drive City Administrator Eagan, MN 55123 RE: DEFERRAL OF METROPOLITAN CITY ENTITLEMENT STATUS CONTINUANCE IN THE DAKOTA COUNTY CDBG PROGRAM To Whom It May Concern: Municipal Center 3830 Pilot Knob Road The City of Eagan has chosen to defer its Metropolitan City Entitlement Status for the Eagan, MN 55122 -1810 federal fiscal years 2011 through 2013. The City has chosen to remain a participant of 651.675.5000 phone the Dakota County Urban County for both CDBG and HOME funding. You will find 651.675.5012 fax enclosed a copy of the city's meeting minutes and resolution supporting that decision. 651.454.8535 TDD Our city has worked closely with Dakota County and the CDA for many years, and we continue to value that cooperative arrangement. Many worthwhile housing and community development activities have been accomplished here, and we look forward to Maintenance Facility achieving more successes during the next 3 -year period. We also understand that our 3501 Coachman Point continued participation with Dakota County strengthens the connection between all cities Eagan, MN 55122 and townships within the county. 651.675.5300 phone 651.675.5360 fax If you have any further questions, please don't hesitate to contact Jon Hohenstein at 651.454.8535 TDD jl) ollellstetll 'U.iclt\,ofeaL'all.coiii or (651) 675 -5653. www.cityofeagan.com Sincerely, Mike Maguire Mayor The Lone Oak Tree Enclosure The symbol of strength and growth in our community. n r C Agenda Information Memo May 4, 2010, Eagan City Council Meeting K. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (DIFFLEY PLAZA 2ND ADDITION) — THE NATIONAL BANK ACTION TO BE CONSIDERED: To approve a one -year extension of the Preliminary Subdivision approval for Diffley Plaza 2nd Addition, for property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza, subject to the attached list of conditions. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Preliminary Subdivision to create three lots on May 14, 2007. ➢ A one year extension in May of 2008 was approved by the City Council. ➢ A subsequent one year extension in May of 2009 was approved by the City Council. The property had been transferred on April 25, 2008 to a different property owner, but due to nonpayment, THE National Bank reassumed ownership. ➢ THE National Bank is currently in the process of selling the property. ➢ City Code states that a Preliminary Subdivision approval expires if Final Subdivision approval is not obtained within one year. ➢ This request would extend the approval until May 15, 2011, allowing additional time for the developer negotiate the sale of the property. ISSUES: ,o ,- The Comprehensive Plan has set forth new goals and policies "To develop a multi -modal transportation system in which autos, trucks, rail, transit, bicycles and pedestrians are adequately served and can safely co- exist.for pedestrian." Because of this, staff suggests a condition be added to the Preliminary Subdivision approval as follows: o A sidewalk for pedestrian connection shall be provided between the public sidewalk on Johnny Cake Ridge Road and Lot 4, Block I Diffley Plaza (Kowalski's). This sidewalk shall be covered by a private easement between this development and the property owners of Lot 4, Block 1 Diffley Plaza, in a form acceptable to the City Attorney. ATTACHMENTS (4): Location map, page Letter from THE National Bank, page Map illustrating pedestrian connection, page Conditions of approval, on pagethrough S 47 NATIONAL EBANK April 27, 2010 Ms. Sarah Thomas Community Development Department City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Request for extension - Preliminary Subdivision 4249 Johnny Cake Ridge Road, Eagan, MN Dear Ms. Thomas THE National Bank respectfully requests an extension of the Preliminary Subdivision for 4249 Johnny Cake Ridge Road, Eagan, MN for one year. THE National Bank is currently in the process of selling the property to a purchaser that may pursue an alternative use. In the event that the buyer does not close on the transaction, however, the bank desires to continue marketing the property to other financial institutions that may wish to proceed with the original purposes set forth in the Preliminary Subdivision currently in place. Should you have any questions and /or comments with regard to this matter, do not hesitate to contact me at 563- 823 -3305. Respectfully, THE National Bank Mary Ann Reid Vice President of Facilities Member P.O. Box 1030, Bettendorf, IA 52722 -0018 • (563) 344 -3935 www.thenb.com FDIC Li9 `` Vo Wo ieflo ANkL- City of Eagan Memo To: Mike Ridley, City Planner From: Sarah Thomas, Planner Date: April 29, 2010 Subject: Diftley Plaza 2nd Addition PS — conditions of approval The following conditions of approval are a combination of the conditions listed in the April 24, 2007 Advisory Planning Commission minutes, and suggested additional condition from City staff, regarding sidewalks ( #20): 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B 1, C 1, 2, 4, D 1 and El 2. The property shall be platted. 3. The applicant shall revise the site plan to provide the correct building setbacks. 4. The applicant shall revise the elevations to provide the overall height of the buildings. 5. The building materials for the buildings on Lots 1 and 3 must meet City Code requirements. 6. The rooftop mechanical equipment must meet screening requirements per City Code. 7. Trash Enclosures shall comply with City ordinance requirements. 8. The applicant shall revise the lighting specifications to provide a maximum pole height of 15 feet. 9. The applicant shall revise the Lighting Plan so that all the property lines are depicted. 10. The applicant shall provide a Landscape Plan that incorporates the approved April 2003 Berm Landscaping Plan and properly screens parking lot areas per City ordinance requirements. 11. The Landscape Plan shall be revised to match the plant schedule with the plantings shown on the plan. 12. The Landscape Plan shall be revised to remove proposed plantings from within the drainage and utility easements. 13. Building signage shall comply with City sign ordinance requirements. 14. All building signage shall be uniform in design, font, size and color. 15. All erosion /sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 16. All personnel responsible for the installation of erosion /sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 17. The applicant shall provide evidence of cross easements for circulation, in a form acceptable to the City Attorney. 5) 18. The applicant shall provide evidence that the lot to be subdivided is permitted to take access to the private street, in a form acceptable to the City Attorney. 19. This development shall be responsible for a cash parks dedication and cash trails dedication when development occurs. 20. A sidewalk for pedestrian connection shall be provided between the public sidewalk on Johnny Cake Ridge Road and Lot 4, Block 1 Diffley Plaza (Kowalski's). This sidewalk shall be covered by a private easement between this development and the property owners of Lot 4, Block 1 Diffley Plaza, in a form acceptable to the City Attorney. S(3� Agenda Information Memo May 4, 2010, Eagan City Council Meeting L. FINDINGS OF FACT, CONCLUSIONS & RESOLUTIONS OF DENIAL — COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT — COVENTRY SENIOR LIVING ACTIONS TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial of a request for 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 56 unit Senior Living Facility for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition. To adopt the Findings of Fact, Conclusions & Resolution of Denial of a request for a Planned Development Amendment to amend the Preliminary Planned Development to allow for a 56 unit Senior Living Facility for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition. REQUIRED VOTE FOR APPROVAL: Comprehensive Guide Plan Amendment — At least four votes Planned Development Amendment — At least three votes REQUIRED VOTE FOR APPROVAL: Majority of Council Members present FACTS: ➢ At its regular meeting on April 20, 2010, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Comprehensive Land Use Plan Amendment and Planned Development Amendment considered at the April 20, 2010, Council meeting. ➢ The City Council determined the proposed density associated with the use was not in keeping with the original approvals for the property. AGENCY ACTION DEADLINE: The applicant has agreed to waive the agency action deadline. ATTACHMENTS (2): Findings of Fact on page 1 through Draft April 20, 2010 City Council minutes on page 95? S-�5 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Coventry FINDINGS OF FACT, Senior Living for a Comprehensive Guide Plan CONCLUSIONS AND Amendment and Planned Development RESOLUTION Amendment This matter came before the Eagan City Council at its meeting of April 20, 2010. The Council received and considered the June 17, 2009, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on June 23, 2009; minutes of the City Council meeting on August 18, 2009; minutes of the City Council meeting of April 20, 2010; evidence and input from the neighboring residents; letter from the Metropolitan Council dated March 24, 2010; together with all existing files, records and prior proceedings and material as presented to the Council. Greg Johnson represented or appeared on behalf of Coventry Homes at the public hearing held by the Advisory Planning Commission on June 23, 2009 and at the meetings of the City Council on August 18, 2009 and April 20, 2010. Based upon all the files, records and input which were received at the meeting and by the City, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The application submitted by Coventry Senior Living (the "Applicant ") is for a Comprehensive Guide Plan amendment is to change the land use designation for Lots 1 and 2, Block 1, Terra Glenn 3`d Addition (the "Property ") from SA /MD (Special Area/Medium Density) to SA /HD (Special Area/High Density). 2. The application submitted by the Applicant for the Planned Development Amendment is to allow a 56 -unit senior living facility on the Property. 3. The Property consists of 2.25 acres of land. 4. The Property is currently designated under the Comprehensive Land Use Plan as SA /MD. The medium density residential designation permits four (4) to twelve (12) units per acre, or a maximum of 27 units on the Property. 5. Applicant's proposed change of the Comprehensive Land Use Plan to SA /HD would permit more than twelve (12) units per acre. 6. On August 18, 2009, the City Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for its review. 7. On March 24, 2010, the Metropolitan Council sent its report to the City. The Metropolitan Council did not find matters of metropolitan significance upon which to deny the proposed change of Comprehensive Guide Plan to SA/HD. 8. The proposed density of the Applicant's development (more than twenty -four (24) units per acre) is not consistent with the existing medium density designation. 9. In 2003, the Property was approved, as part of a larger subdivision, for single- family and townhouse units. 10. In 2004, the City approved a Final Planned Development for the Property for two 12 -unit townhome buildings for the Property. 11. The majority of the single- family homes as part of the overall larger subdivision have been constructed. 12. The site has been graded and the stormwater installed in connection with the 2003 approval. 13. Applicant's proposed Planned Development Amendment identifies a 56 -unit senior living facility with a density of 24.8 units per acre on the Property. SS__ 14. The surrounding development consists of single - family homes and the City maintenance facility. 15. Applicant's proposed Planned Development Amendment requires deviations from the standard R -4 (Residential Multiple) zoning, including exceeding the maximum building coverage allowance and insufficient parking. 16. The Advisory Planning Commission voted to deny both applications stating that the use was too intense for the proposed site with the number of proposed deviations. The APC noted that there was no compelling reason or public benefit to modify the land use designation to allow increased density. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. The surrounding area is consistent with the existing Comprehensive Guide Plan designation SA /MD for the Property. 3. Two prior approved developments of the Property have met the Comprehensive Guide Plan SA /MD designation. 4. Changing the Comprehensive Guide Plan designation to SA/HD would allow in excess of twelve (12) units per acre and has the potential to allow uses which are more intense than what is currently proposed. High density uses on the Property are not consistent with the surrounding area. 5. The need for the deviations from the standard R -4 (Residential Multiple) is unsupported. 6. The proposed Planned Development Amendment is in conflict with the existing Comprehensive Guide Plan SAND designation in that it exceeds the maximum number of units per acre. S�p 7. The proposed Planned Development Amendment is in conflict with the existing zoning requirements. 8. The existing Comprehensive Land Plan designation and the existing planned development zoning are compatible with the surrounding area and preferred by the City. The existing designations remain viable uses for the Property. RESOLUTION The City Council of the City of Eagan does hereby determine that the existing Comprehensive Guide Plan designation SA /MD and existing Planned Development are suitable for the Property, and the City Council hereby denies Applicant's requests to change the Comprehensive Guide Plan to SA /HD and to amend the existing Planned Development Agreement. Dated at Eagan, Minnesota this day of , 2010. CITY OF EAGAN By: Mike Maguire Its: Mayor By: Maria Petersen Its: City Clerk 57 City Council Minutes April 20, 2010 Page 4 ADMINISTRATIVE AGENDA There were no items that required action. OLD BUSINESS ITEM A COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT COVENTRY SENIOR LIVING Councilmember Fields arrived. City Administrator Hedges introduced this item regarding 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 56 unit Senior Living Facility for property located at 1650 Hunt Drive. City Planner Ridley gave a staff report. Greg Johnson, representing Coventry Senior Living, was present to discuss the proposed project and answer questions of the Council. Four area residents expressed concern regarding increased traffic and safety issues should the senior living facility be constructed in their neighborhood. Public Works Director Colbert spoke to traffic concerns and estimated number of trips generated based on the use of the site and concluded that an insignificant amount of traffic generated by the proposed use would use Birch Pond Road. Councilmembers held a discussion regarding the potential ramifications of the proposed land use designation change from medium density to high density. Other potential uses for the property were briefly discussed. Ultimately, the Mayor and Council determined that the proposed Guide Plan Amendment would result in a density that is inconsistent with the area and that the proposed deviations from straight zoning standards were not acceptable. Councilmember Fields moved to implement 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 56 unit Senior Living Facility for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition. Motion failed for lack of a second. Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to draft Findings of Fact for Denial of a Planned Development Amendment to amend the Preliminary Planned Development to allow for a 56 unit Senior Living Facility for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3`d Addition. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember seconded a motion to adjourn the meeting at 10:00 p.m. Aye:4 Nay:0 Date Administrative Secretary / Deputy Clerk Agenda Information Memo May 4, 2010 Eagan City Council Meeting M. REQUEST ADVANCE FROM MUNICIPAL STATE AID ROAD PROGRAM ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $1,732,702 from the Municipal State Aid (MSA) Construction account. FACTS: • The Municipal State Aid (MSA) program distributes a portion of the gas tax money to all Minnesota cities over 5,000 population and is based on a formula of proportionate population and construction needs. The City of Eagan's apportionment for 2010 is approximately $2.1 million. These funds are required to be used on the City's designated State Aid roadway system. Only 20% of the city's local street mileage is eligible for this designation and related funding (approx. 47.5 miles). • The MSA program allows for cities to advance funds in excess of their annual apportionment at no interest. • Because the City of Eagan, with its Pavement Management Program, has been very progressive in its construction program on State Aid eligible streets, we have spent approximately $10.7 million more than our cumulative annual allocations. This amount remains eligible for future State Aid reimbursement when funds become available. • This resolution requests the Commissioner of Transportation to advance the City of Eagan a total of approximately $1.7 million from future State Aid Construction Account payments. This maximum request amount will be repaid from future annual apportionments but provides the City with the use of these funds at the present time. ATTACHMENTS: • State Aid Advance Resolution, page. S7 RESOLUTION NO TO ADVANCE FUNDING FROM THE MUNICIPAL STATE AID STREET CONSTRUCTION FUND WHEREAS, the City of Eagan has implemented Municipal State Aid Street Projects which have required State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said City constructed said projects through the use of Local Municipal Funds to supplement the available funds in their State Aid Construction Account, and WHEREAS, said City needs to reimburse the expended Local Municipal Funds through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Construction Account, and WHEREAS, the advance is based on the following determination of expenditures: Account Balance as of May 4, 2010 ($ 267,2981 Less estimated disbursements: Project # SAP 195 - 101 -05 $ 454,642 Project # SAP 195 - 102 -06 $ 53,755 Project # SAP 195- 125 -01 $1,224,305 Advance Amount (amount in excess of acct balance) $1,732,702 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and Minnesota Rules, Chapter 8820, 1500, Subpart 10. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the City of Eagan in an amount up to $2,000,000 in accordance with Minnesota Rules 8820.1500, Subparagraph 10b. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said City froin future year allocations until fully repaid. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Eagan, County of Dakota, State of Minnesota, at a duly authorized City Council Meeting held in the City of Eagan, Minnesota, on the 4"' day of May, 2010, as disclosed by the records of said City on file and of record in the office. Maria Petersen �o / Agenda Information Memo May 4, 2010 Eagan City Council Meeting N. MAY 16 -22, PUBLIC WORKS WEEK ACTION TO BE CONSIDERED: Proclaim May 16 through May 22, 2010, as Public Works Week and authorize the Mayor and City Clerk to execute all related documents. FACTS: • National Public Works Week (NPWW), celebrating its 501" anniversary, provides for recognition of the tens of thousands of men and women who provide and maintain the infrastructure and public services that are the heart and essence of a functioning community. While their accomplishments are particularly noteworthy in relation to the limited manpower and financial resources available to them, recognizing this public service delivery can be educational as well. Staff is planning to have several displays in the City Hall lobby during the week to help educate the public on various services provided (i.e. cut -away section of water hydrant, operational traffic signal, water quality display, etc.) • Instituted as a public education campaign by the American Public Works Association (APWA) in 1960, NPWW calls attention to the importance of public works in community life. National Public Works Week is observed each year during the third full week of May. This annual recognition was the start of what has grown into our biannual Eagan Showcase. Many State Governors and City Councils throughout the nation, as well as the U.S. Senate recently, historically have take time to help raise the public's awareness of and confidence in public works issues. • This proclamation of Public Works Week in Eagan expresses appreciation for the dedication and efforts spent to protect and serve the citizens of Eagan while providing the quality of life that our community has grown to expect. ATTACHMENTS: • Resolution, page �pl City of Ea an CITY OF EAGAN PROCLAMATION PUBLIC WORKS WEEK May 16 through May 22, 2009 WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, traffic safety and water quality; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skills of all public works professionals; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaim the week of May 16 through May 22, 2010, as Public Works Week and encourages all citizens and civic organizations to acquaint themselves with the various aspects of public works service delivery and to recognize the contributions made by public works professionals every day to our health, safety, comfort, and quality of life. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, 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 Fagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th day of May, 2010. Maria Petersen, City Clerk lob Agenda Information Memo May 4, 2010 Eagan City Council Meeting O. DAKOTA COUNTY ROAD OVERLAYS 2010 CONSTRUCTION AGREEMENT ACTION TO BE CONSIDERED: Approve a Construction Agreement with Dakota County for the 2010 County road overlays and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Dakota County Transportation Department will mill and overlay Cliff Road (CSAH 32) from Slater Road to I -35E, and Diffley Road (CSAH 30) from Lexington Avenue (CSAH 43) to TH 3, in 2010 as part of their pavement preservation program. • In addition to the structural overlay on Cliff Rd, the County will also be constructing the following improvements: o a second westbound left -turn lane to southbound Rahn Cliff Rd (resulting in double left -turn lanes in all directions), o westbound right turn lanes to Cliff Drive, Scott Trail and Park Center Drive (east intersection) and, o eastbound right -turn lanes to the Driver's Test Center and two additional commercial entrances on the south side. o Signal modifications will also take place at the Rahn Cliff Rd intersection to accommodate the additional left turn lane. • In accordance with the County's Transportation Plan, Dakota County will pay 100% of costs for the mill and overlay while the City will pay 100% of the costs associated with adjustment and maintenance work of City -owned utilities located within County right of way by permit (estimated $16,500). In accordance with past practice and current funding policies, the County will pay 55% of costs associated with construction of the turn lanes and 50% of traffic signal modifications (estimated $123,000) while the City will pay the remaining 45% and 50% respectively of these costs (estimated $102,000). • Public Works staff have reviewed this agreement and found it to be similar to other previous construction project agreements and in order for favorable Council action. ('�3 Agenda Information Memo May 4, 2010 Eagan City Council Meeting P. CONTRACT 09 -13, DUCKWOOD DRIVE EXTENSION STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 09 -13 (Duckwood Drive — Street & Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 10, 2010. FACTS: • Contract 09 -13 provides for the street and utility improvements for the Duckwood Drive extension through the former golf course property, to Wescott Woodlands, as outlined and discussed in the feasibility report for City Project 1012. • On March 2, 2010, the City Council held public hearings for Project. After public testimony from two residents along Wescott Woodlands, the Council approved the project and authorized preparation of detailed plans and specifications for the 2010 construction season. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. q Agenda Information Memo May 4, 2010 Eagan City Council Meeting Q. HIGHWAY 3 OVERLAY CONSTRUCTION ACTIVITY NOISE ACTION TO BE CONSIDERED: Authorize a variance to the Construction Activity Noise Regulations to allow construction activity 24 hours a day, 7 days a week, for McNamara Contracting, Inc. in completion of State Project 1981 -23 (TH 3 — Overlay) for the following schedule: • May 19 through May 26 (continuous) • May 26 through June 18, for a maximum of 10 days. FACTS: • The Minnesota Department of Transportation (MnDOT) has prepared plans and specifications for the construction of a full -width mill and bituminous resurfacing of Trunk Highway 3 from just south of County Road 42 in Rosemount to TH 149 in Inver Grove Heights. The project includes all of TH 3 within the limits of Eagan. MnDOT has awarded the contract for the project to McNamara Contracting, Inc. • On April 26, 2010, City staff received a letter from the contractor, requesting that his forces be allowed to work 24 hours a day, Monday through Sunday, on the project. The request specifically called out the time frame of May 19 through May 26, with an additional 10 days between May 26 and June 18. The extended working hours will minimize the time of construction and disruption to this heavily travelled regional corridor. • Section 10.37 of the City Code prohibits construction activity or the use of tools and equipment for construction activity between the hours of 10:00 p.m. and 7:00 a.m. within the City. • The purpose of the request is to limit the impact of the construction activity upon the traveling public. The project requires the temporary closure of Highway 3, from 1201h Street (Eagan- Rosemount boundary) to 125`h Street and at TH 149 for a maximum of 6 days in each location. Detour routes have been designated on County highways, including highways within Eagan, during said closures. • Eagan residents and businesses will have local access to TH 3 throughout the time that the highway is under construction. • The City of Rosemount has approved the extended 24 hour time frame within their limits with the exception of their downtown area. Inver Grove Heights has also approved the extended hour request within their community. • The City Council approved a similar variance request to allow construction activity on the TH 149 upgrade to be completed 24 hours a day, Monday through Sunday, as needed, during the 2007 construction season. ATTACHMENTS: • Location Map & Detour Routes, page 't�_ • Contractor's request, pages and o YANKEE DOODLE ROAD �G LL1 II x UIFFLEY ROAD DETOUR 3 v CLIFF ROA � DETOUR Q M O of rr, M m O EAGAN ____— __ —__ —__ z ROSEMOUNT Y v � � � Z McANDREWS RD. DETOUR o E i WAP! is City of EaLafl Trunk Hwy. 3 - Detours 4 -30 -2010 Engineering Department �j !i + ■ n cclitt'actille. NJ-it. April 26, 2010 The Honorable Mayor and City Council of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Request of extension of work hours for ARRA project on TH 3 ATTN: Russ Matthys, City Engineer Honorable Mayor and Council, McNamara Contracting, Inc. has been awarded the American Recovery and Reinvestment Act project let through the State of Minnesota (S.P. 1981 -23) with work to be performed in Rosemount, Inver Grove Heights, and Eagan. This scope of work includes milling and overlaying of bituminous, culvert replacement, signal system revisions, guardrail improvements, and landscaping on Highway 3. Specifically, construction on this project located within Eagan on Highway 3 from 120th St. W to Diffley Road. The project has a start date of May 10, 2010 and completion date of June 18, 2010. Specifically, the work in Eagan from 1201h St. W to Cliff Rd is scheduled to take place from May 19th through May 25th; exact dates for the work from Cliff Road to Diffley Road have yet to be specified, but this work will take place after May 25th and take approximately 10 working days. We have planned this project with a very aggressive schedule to limit the impact to the traveling public. That said, our schedule allows for no lane closures in areas that are not detoured and/or closed from 6 am to 9 am and 3 pm to 6 pm Monday through Friday. In Eagan the only detour /closure will be on Highway 3 between 1201h St. W and Cliff Road. This closure is part of the contract documents with MN DOT and will last 6 working days (including Saturdays). Additionally, as part of our aggressive schedule we would like to request an extension of work hours allowed by code and/or ordinance in the City of Eagan. We request that you consider allowing work 24 hours a day (Monday through Saturday) on this project from May 19th through May 26th and an additional 10 working days (TBD) between May 26th and June 18th (the additional day of the request is to allow an extra day should there be poor weather). We also request that you consider allowing Sunday work as well. It is our belief that by allowing these extended work hours we can drastically reduce the impact this project will have on the community. Should this request not be granted our schedule would be adjusted and it is anticipated that the calendar days we would be working in Eagan could double. Further, should the request not be granted we would 1 fU J ' 7' 6U 9 J;:i;a (651j 322 -5500 � �a, (6511 327 -5�5�� r'!an� (S:,i) 322 -?�,.� �D7 adjust our schedule to include significantly more day time work, with more crews, which would be when traffic levels are at their peak. It is of our belief that granting the extended hours requested for this project would be in the best interest of the residents of Eagan, surrounding communities, as well as of the project as a whole. However, should the request be deemed unacceptable as stated, I would appreciate the opportunity to work with you and come to a mutually beneficial compromise to the request above. McNamara Contracting, Inc. looks forward to improving the infrastructure of your community on this project.. If you have any questions or need any additional information please do not hesitate to contact me at 651.322.5500. Sincerely, e Mike McNamara McNamara Contracting, Inc. Cc: Russ Matthys Dale Ronning NO • Agenda Memo May 4, 2010 City Council Meeting R. APPROVE a grant from the Minnesota Department of Administration for an Ealzan Heros Memorial and direct the Mayor and City Clerk to silln all appropriate documents. ACTION TO BE CONSIDERED: Approve a grant from the Minnesota Department of Administration in the amount of $100,000 and confirm the location for the memorial site within Central Park. FACTS: • On December 15 the City Council adopted a Resolution to support the concept of a memorial tribute to public servants and agreed to provide a location on city owned property to accommodate the memorial. • The Eagan American Legion and Eagan Lioness groups proceeded with their fundraising efforts to fund this project. • The concept plan was shared with the Advisory Parks Commission at their March 15 meeting where several potential site locations were reviewed and discussed. The preference for location at that time was within Central Park between the Band Shell and the new building currently under construction. • At the March meeting the Advisory Parks Commission took the memorial request through the Art in Public Parks review process and opened a 30 day public comment period. • At their April meeting the Commission closed the public comment period and made a recommendation to approve the concept plan presented by the Eagan American Legion and Eagan Lioness groups along with the preferred location identified within Central Park. • As part of the recent bonding bill this project was awarded a grant of $100,000 from the Department of Administration that is to be managed through the City of Eagan. ATTACHMENTS: Draft copy of grant on pa e ' b— 1 �� Location map on page 31 f: - 4�, LIME 'Ng gg AA//'Y TABLE OF CONTENTS RECITALS Article I - DEFINITIONS Section 1.01 — Defined Terms Article II - GRANT Section 2.01 — Grant of Monies Section 2.02 — Public Ownership Section 2.03 — Use of Grant Proceeds Section 2.04 — Operation of the Real Property and Facility Section 2.05 — Public Entity Representations and, 'i anties Section 2.06 — Ownership by Leasehold or Easeriient Section 2.07 — v.N"°i''vr� Y Event(s) of Default ,^ Section 2.08 — Remedies Section 2.09 —Notification of Event of Defaultix�., Section 2.10 — Survival of Event of Default = �` Section 2.11 — Term of Grant Agreement na s Section 2.12 — ' Modification and/or Early Termination °6f`Grant Section 2.13 — Excess Funds :1 Article III — USE C( Section 3.01 — Section 3.02 — Section 3.03 Section 3.04 — Article IV — SALE::, 3� Section 4.01 = Sale.. r. Section 4.02 — Proceeds of 'di Sale y;rN, Article V_" COMPLIANCE'WITH G.O. COMPLIANCE LEGISLATION NAND THE COMMISSIONER'S ORDER Section 5'.01'.— State Bond Financed Property Section 5.02 =Preservation of Tax Exempt Status Section 5.03 = Changes to G.O. Compliance Legislation or the Commissioner's Order Article VI — DISBURSEMENT OF GRANT PROCEEDS Section 6.01— Disbursement of Grant Section 6.02 — Condition Precedent to Disbursement of Grant Article VII- MISCELLANEOUS Section 7.01 — Insurance Section 7.02 — Condemnation Generic GO Bond Proceeds Grant Agreement for End Grants 1 ver — 2/16/10 (GO GA -Gnrc End Gmt) Section 7.03 — Use, Maintenance, Repair and Alterations Section 7.04 — Records Keeping and Reporting Section 7.05 — Inspections by State Entity Section 7.06 — Data Practices Section 7.07 — Non - Discrimination Section 7.08 — Worker's Compensation Section 7.09 — Antitrust Claims Section 7.10 — Review of Plans and Cost Estimates Section 7.11 —Prevailing Wages Section 7.12 — Liability Section 7.13 — Indemnification by the Public Entity Section 7 14 — Relationshi of the Parties Section 7.25 — Third-Party,Beneficiaryt- Section 7.26 — Public Entity Tasks> Section 7.27 — .State Entity and Commissiqi "e1 Required Acts. and Approvals "4 Section 7.28 — Applicability to Real.Propert Section 7.29 — E- Verification -` _. Secti6n� l30^X ,°A.dditioiial Requirements t I — DECLAMATION H — LEGAL D III — SOURCE Generic GO Bond Proceeds Grant Agreement for End Grants Facility OF REAL PROPERTY USE OF FUNDS 7o-� n Ver — 2/16/10 (GO GA -Gnrc End Gmt) p .,- Section 7.15 —Notices Section 7.16 — Binding Effect and Assignment or Modification Section 7.17 — Waiver Section 7.18 — Entire Agreement Section 7.19 — Choice of Law and Venue Section 7.20 — Severability Section 7.21 — Time of Essence Section 7.22 — Counterparts = _ Section 7.23 — Matching Funds . Section 7.24 — Source and Use of FurYs,vM >a� Section 7.25 — Third-Party,Beneficiaryt- Section 7.26 — Public Entity Tasks> Section 7.27 — .State Entity and Commissiqi "e1 Required Acts. and Approvals "4 Section 7.28 — Applicability to Real.Propert Section 7.29 — E- Verification -` _. Secti6n� l30^X ,°A.dditioiial Requirements t I — DECLAMATION H — LEGAL D III — SOURCE Generic GO Bond Proceeds Grant Agreement for End Grants Facility OF REAL PROPERTY USE OF FUNDS 7o-� n Ver — 2/16/10 (GO GA -Gnrc End Gmt) General Obligation Bond Proceeds Grant Agreement - End Grant for the Eagan Heroes Memorial Project THIS AGREEMENT shall be effective as of May 4, 2010, and is between the City of Eagan, a statutory city (the "Public Entity"), and the Minnesota Department of Administration (the "State Entity"). RECITALS A. Under the provisions contained in Minnesb. Statutes §§ 412.221,,:.Subd. 34, 471.15 and 471.191, the Public Entity has been given tlieaiithority to design and construct in a public park a memorial to those in the military, firefighters =�jand polic�&ww` o have died in ihe..line of duty; and A B. Under the provisions contained in 2010 Miriiesata Laws Chapter 189, Section 11, roa �a��y Subd. 5, (the "GO Bonding LegislatiorP),Ihe:.State of Minnesota has allocated $100,000.00 (the "G.O. Grant "), which is to be given to the- Public Entity, as a gran to assist it in the design and construction of a memorial to those in the military, ,firefighters agholice who have died in the line of duty as authorized b SuC lgislatiori;. and.: �s;;.,: �r-µ•Vi C. Under theryprovisions contained in Minnesota Statutes §§ 471.15 and 471.191, the Public Entity has '64"n, given thq-_4 uthority to '-operate a program of public recreation and playgrounds and to acq ` r or leak. ec uYpx and maintain land, buildings, and other recreational facilities, including, but vcjitliod 1`iinitati6ia "'o tdai "or indoor swimming pools, skating rinks and arenas athletic s field " golf' c�2ses, marinas, concert halls, museums, and facilities for other kinds , ©f athletic or cultural participation, contests, conventions, conferences, and exhibitions, together with related automobile parking facilities (the "Governmental Program ") and P D. The monies allocated to fund the grant to the Public Entity are proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution; and E. The Public Entity's receipt and use of the G.O. Grant to acquire an ownership interest in and/or improve real property (the "Real Property') and, if applicable, structures situated thereon (the "Facility") will cause the Public Entity's ownership interest in all of such real property and structures to become "state bond financed property", as such term is used in Minn. Stat. § 16A.695 (the "G.O. Compliance Legislation ") and in that certain "Second Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget and dated March 9, 2010 (the "Commissioner's Order "), even though such funds may only be a portion of the funds being used to acquire such ownership interest and/or improve such real Generic GO Bond Proceeds Grant Agreement for End Grants -73 Ver- 2/16/10 (GO GA -Gnrc End Gmt) property and structures and that such funds may be used to only acquire and/or improve a part of the such real Property and structures. F. The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting of such monies and the disbursement thereof to the Public Entity, and the operation of the Real Property and, if applicable, Facility. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I DEFINITIONS Section 1.01 Defined Terms. As used in the meanings set out respectively after each such both the singular and plural forms of the terms de otherwise: _. ;reement, the following terms shall have k meanings to be equally applicable to unless the context specifically indicates "Agreement" - means this General Obligatf6h6nd Proceeds Grant Agreement End Grant for the Eagan Heroes Meni6r al Project, as suc irexists on its original date and any amendments, modifications or restatements thereof.^ Po YWI^.t.�^,.. q t "Approved Debt1m means public or private. debt of the Public Entity that is consented to and approved, MPW-hhg�- the Coiriinissioner of MMB, the proceeds of which were or will used to acc#ul� an ownership interest in or improve the Real Property and, if applicable, Faet�ty, other thaniae debt on the G.O. Bonds. Approved Debt includes, but is not limited to, 6R.debt delineateyd^,jn Attachment III to this Agreement; provided, however, the Commissions -" ,..hiTnot b6 byy any amounts delineated in such attachment unlesslAf&Ae•:has co ii' e in writing; to Kuch amounts. "Code" - means the°`lsiternal Revenue Code of 1986, as amended from time to time, all treasury riF jations -revenue procedures and revenue rulings issued pursuant IMB" - means the commissioner of the Minnesota Department of and any designated representatives thereof. "Commiss one"r's Order" - means that certain "Second Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget and dated March 9, 2010. "Counterparty" - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and Generic GO Bond Proceeds 2 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Grnt) should be i-anored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. "Declaration" - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity's ownership interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. "Event of Default" - means one or more of those eventsdelineated in Section 2.07. "Facility", if applicable - means a memorial to -tfiQS6 in "fhd',military, firefighters and police who have died in the line of duty, which; Js r6cated, onm ll be constructed and located, on the Real Property and all equipment that is a part thereothat was purchased with the proceeds of the G.O. Grant. "Fair Market Value" – means either (i) ihhe price that would be paid by;a'wilhng and qualified buyer to a willing and qualified seller as,,.dete,,, ed by an appraisal that assumes that all liens and encumbrances onAe property beiiig•sold that negatively affect the value of such property, will be paid an — released, or (ii) the price bid by a purchaser under a public bid procedure after reasoi J6 `ii ih` kiq-h notice; with the proviso that all lien-, and encumbrances on the property being., sold Sff-- gatively affect the value of such property, will be paid and released at the time ofacquisi arrb e.purcliaser. s: .wV "G.O. Bonding Legislation" – means the legislation delineated in Recital B hereinabove as the _ G.O. Bonding Legislatigt%: F. "G.O. Bonds'`,-,7, means that portion of tfrestate general obligation bonds issued under the autliorit granted" in Article XI, § 5(a)'of the Minnesota Constitution the proceeds of , wh eii 'are "used %. fund the G.O. Grant and any bonds issued to refund or replace such I'LL• "G.O. Compliance Legislation" - means Minn. Stat. § 16A.695, as it may be .w� amended; modified or t e" laced from time to time unless such amendment, modification or replace -- imposes *M constitutional impairment of a contract right. "G.O. Grant' means a grant of monies from the State Entity to the Public Entity in the amount identified as the "G.O. Grant" in Recital B to this Agreement, as the amount thereof may be modified under the provisions contained herein. "Governmental Program" – means the operation of the Real Property and, if applicable, Facility for the purpose specified and identified in Recital C of this Agreement as the Governmental Program. "Initial Acquisition and Betterment Costs" – means the cost to acquire the Public Entity's ownership interest in Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Generic GO Bond Proceeds Grant Agreement for End Grants 7.5- ver -2/16/10 (GO GA -Gnrc End Gmt) Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is not bound by any specific amount of such alleged costs unless he /she has consented, in writing, to such amount. "Leased/Easement Premises" - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease or granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is by way of a leasehold interest under a Real Property /Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be i n� ored and treated as if the reference did not exist. "Lessor /Grantor" — means the fee owner/lo§Sor or grantor of.the Leased/Easement Premises. This definition is only needed and;:& applies if the Public Entity's ownership interest in the Real Property, the Facili ' p rty, tyyuzapplicable, ot;mboth, is by way -of a leasehold interest under a Real Pro er /Facili Lea; pr b wad .`O an easement. '.For all other p � � y .e�x,.�� f circumstances this definition is not needed an !s*.ould.besignored and treated as if it were if the reference did not exist.` .. .;:....tea. "Outstanding Balance of the G.O. Grani. ":= means t5H rtion of the G.O. Grant that has been disbursed to or�pnbehalf of the Public Entity minus -any portion thereof previously paid back to the Co,�mmissroner. of MMB. !'op- � gguy (, g` .G i j krdx. r ' "Owner, v alue ", if ata ;— means the value, if any, of the Public Entity's ownership interest in the'R:ealM Propertp aid,_ if applicable, Facility that existed concurrent with the h�::lY du.xs. nn ayftA•a d-w Public Entity's executionw,atliiAgrement. "Such value shall be established by way of an appraisal or " by sucfrn'Atef manner 'as' >1 rriay be acceptable to the State Entity and the Comrnissioner.:of..MMB;4he parties hereto agree and acknowledge that such value is $ ar IRI, it•.Applicable; provided, however, the Commissioner of MMB is not bound by any insert ed "collar amount unless he /she has consented, in writing, to such amount. If no dollar amount is`: serted and the blank "Not Applicable" is not checked, a rebuttable presumption ' that the Ownership Value is $0.00 shall be created. (The blank "Not Applicable" should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Public Entity's ownership interest''in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Value). "Project" - means the Public Entity's acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of activities denoted in Section 2.03 herein. (If the Public Entity is not using any portion of the G.O. Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment III Generic GO Bond Proceeds 4 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Gmt) 7�o hereto and instead shall be included in the definition for Ownership Value under this Section.) "Public Entity" - means the entity identified as the "Public Entity" in the lead -in paragraph of this Agreement. "Real Property" - means the real property located in the County of Dakota, State of Minnesota, legally described in Attachment II to this Agreement." "Real Property/Facility Lease" - means a long term. lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is a leaseholdinterest under:.a lease. For all other circumstances this definition is not needed and JX ". be ignored and treated as if it were if the reference did not exist. rTl c� 90, "State Entity" - means the entity identified "wgs;Jfie "State Entity" in the lead -in paragraph of this Agreement. "Subseauent Betterment Costs" - "means the cost- :FRwp. s° R.p,:< rfhette_r_m__ents of the, Real Prone, M r and, if applicable, Facility that occur subsequen't" to the da&&f this Agreement, are not part of the Project, would .qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) iif,the Minnesota Constitution), and the cost of which has been, established by way of :written documentation that is acceptable to and approved, in writing, by the State Entity and'the Commissioner of MMB. "Use Contract",- means ".a' lease,,, management contract or other similar contract between die,R- blic Entity "and any "other "entity that involves or relates to any part of the Rea 1' tiperty "'azrdllor, itapplicable, Facility. This definition is only needed and only applies the Public Eritc nters into an agreement with another party under which such other paxty will operate �" Real; Property and/or, if applicable, Facility. For all other carurxistances this d6iVfi tion is" "not needed and should be ignored and treated as if it were ,,. left lank and anv refer =&ce to this term in this Agreement shall be ignored and treated as "Useful'ifeWaie Real Property and, if applicable, Facility' — means (i) 30 years for Real Property tt a# E no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. Generic GO Bond Proceeds Grant Agreement for End Grants -77 Ver- 2/16/10 (GO GA -Grwc End Gent) Article II GRANT Section 2.01 Grant of Monies. The State Entity shall make and issue the G.O. Grant to the Public Entity, and disburse the proceeds in accordance with the provisions of this Agreement. The G.O. Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the State Entity or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity ac.gwledges and agrees that the G.O. Grant is being funded with the proceeds of G.O. Bondi -' hts a result thereof all of the Real Pro and if applicable, Facility must be owned . 'oar ;, Property pp ty tk' or more public entities. Such ownership may be in the form of fee ownership, a Real Property/Facili L -ease, or an easement. In order to establish that this public ownership requirement is satiMk— the Public Entity represents and warrants to the State Entity that it, fias; or will acquire, the f6T16wing ownership 34 interests in the Real Property and, if applicable - Facility, and, in,addition, that rtd- ssess, or will possess, all easements necessary for the operation; -mam enance and management' of the Real Property and, if applicable, Facility in the manner specified ikSection 2.04: (Check the appropriate box for theleaProperty and;af applicable, for the Facility.) •._ .<. tiFp. ^:pgGwew: Ownership Interest in the lZeal Prope' t� Fee simple ownership ofaffiag n Prop •1:. '',A. Real Property/Facility Leas °,for the Real Property that complies with the requirements contained in Sechsan 2.06. [If the terra of the Real Properfff acility Lease is for a term authorized by a .. :crs:::Vlinnesota. statute, rule or session law, then insert the citation at this point y96' An eas�inent for the Real Property that complies with the requirements contain ;fin Section 2.06 � [If the term' of the easement is for a term authorized by a Minnesota statute, Y 4= } 4 < °��„�;. rule AMA- session law, then insert the citation at this point Interest in, if applicable, the Facility. ® Fee simple ownership of the Facility. ❑ A Real Property/Facility Lease for the Facility that complies with all of the requirements contained in Section 2.06. [If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation at this point Generic GO Bond Proceeds 6 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Gmt) ❑ Not applicable because there is no Facility. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the G.O. Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the G.O. Grant for any other purpose. (Check all appropriate boxes.) Acquisition of fee simple title to the Real Property. ❑ Acquisition of a leasehold interest in_the Real Property. ❑-,,,R" Acquisition of an easement for.: Property. efsar, IN Improvement of the Real Propef ❑ Acquisition of fee.simple title to the`:ility. Ac� it U Acquisition of a leasehold interest in the Fa ti ® Consttu�ti�ft &.�� la=af the Facility. AQ ❑ d ��_ ,06vation of tie Facility.. f Design" ;o£ T(Descrilie'c3itier or additional puip�i §es.) Section 2.04 Operation bUthe Real Property and Facility. The Real Property and, if applicable, Facility must be "used b�Pe Public Entity or the Public Entity must cause such Real Property`and, if applicable, Facility to 'be used for the operation of the Governmental Program or for such other,use as the Minnesota legislature may from time to time designate, and for no other purposes or uses." :.. The Public Entity'may enter into Use Contracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility, provided that all such Use Contracts must have been approved, in writing, by the Commissioner of MMS and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually Generic GO Bond Proceeds 7 Ver- 2/16/10 Giant Agreement for End Grants (GO GA -Gnrc End Gmt) supply a statement, sworn to before a notary public, to such effect to the State Entity and the Commissioner of MMB. For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available. for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. e� i. For those programs, if any, that will be operate, or any portion of the Real Property and, if applicable, Facility by a Counterparty undeflE, e Contract, the Public'Entity covenants with and represents and warrants to the State:Etity that: (i),i will not enter`into such Use Contract unless the Counterparty has demonstrated That it haskib' ability and a plan to fund such program, (ii) it will require the Counterparty to pr6V_1`de aid tial program budget and annual program budgets that clearly show that forecast progrr revenues along with other funds available for the operation of such ptt3�ain from all sources will be equal to or greater than forecast program exp lz% enses for each Hsca.�,, a aliii) it w .1, ;Npromntly review all submitted program budgets to determine if such get c and a6' ely shows that the forecast program revenues along with other funds 'arilablQi ebperafinn of such program (from all bq -0 � sources) will be equal to or, greater than foreeas� program ex-pienses for each fiscal year, (iv) it xa5ra .> will reject any program budget that.- it believes "does not accurately reflect forecast program I, revenues or expenses. or does not show that forecast program revenues along with other funds available for the operation of such program (fr6 all sources) will be equal to or greater than forecast program expenses, and=:requiie, the, Cobnterparty to prepare and submit a revised program budge and (v) upon receipt of a program budget that it believes accurately reflects forecast, pi gram re.�er�aues arid, expenses and that shows that forecast program revenues along with ,oW Wfunds avast for the'operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the Sate`Entity and the Co- missioner of MMB certified copies of such resolution and budget. Sectio&17b5 Public'�Entity Representations and Warranties. The Public Entity further covenad&:, ?with, and represents and warrants to the State Entity as follows: A. It ha legal authority to enter into execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the G.O. Grant for the purpose or purposes described in Recital B of this Agreement. C. It has legal authority to operate the Governmental Program. Generic GO Bond Proceeds 8 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Gmt) L61 Mr D. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. F. It will comply with all of the provisions and requirements contained in and R:. � 4 imposed by the G.O. Compliance Legislation, the Commissioner's Order, and the G.O. Bonding Legislation. ipsa;' G. It has made no material false statement.or'misstaterHa,,,;,of fact in connection with its receipt of the G.O. Grant, and all of the - information it has sul5initted or will submit to the State Entity or Commissioner of MMB.relating to the G.O. Granf°q z the disbursement of any of the G.O. Grant is and will be true „and 'correct. H. It is not in violation of any provisions of its, charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge _.k. threatened, before any judicialy oX, governmental authority against or affecting it relating to the Real Property and- -titapn?�'kti1e acili -11 nr its ownership interest therein and it is not in default with respect`tog -lany oida2,Writ, injunction, decree, or demand of any court or any governmental authoritywWhicha a- ild:�, -m air its ability to enter into this re'. a �' Agreement, the Declaration;. or any docum °referre &-t�� -herein, or to perform any of the acts required of it m- such documents. ? $� X72 I. Neither the execution and delivery of this Agreement, the Declaration, or any document referred "1- to herein-.--nor compliance with any of the terms, conditions, requirts; or provisions contained in any of such documents is prevented by, is a breach of,;:: it witl” res ff in a'breach of, any term, condition, or provision of any agreement or %cttment to whirl kis now a party or by which it is bound. =1 IN 4'A The contemplated use of the Real Property and, if applicable, Facility will not viola€e any applicable zi -ping or use statute, ordinance, building code, rule or regulation, or any covnnt or agreement of record relating thereto. K. T rojeet has been or will be completed in full compliance with all applicable laws, statutes, "rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. Generic GO Bond Proceeds 9 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Gmt) 19>l N. It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O. It will fully enforce the terms and conditions contained in any Use Contract. P. It has complied with the matching funds requirement, if any, contained in Section 7.23. Q. It will not, without the prior written consent of . the State Entity and the Commissioner of MMB, allow any voluntary hew!-' encumbrance or involuntary lien or ,R-7 i> encumbrance that can be satisfied by the pa3 lent of monies and, which is not being actively contested to be created or exist againA;W Public Entity's ownership interest in the Real Property or, if applicable, Facility, or,fl °Counterparty" s interest in the; Use Contract, whether such lien or encumbrance is superim'd ubord ? at to the Declaration. Provided, however, the State Entity and the Commissioner <�f i1tA will consent to any such lien or „ ;-�, =,V encumbrance that secures the repayment of a loaiye�.*,repayment of which will not impair i3� y� or burden the funds needed to operate the Real Proper and, if applicable, Facility in the manner specified in Section 2.04 and for;- uwhich the Pmtir_. amnlint is aced 6) to nrzrnirP additional real estate that is needed to so operate the R6Ut Property and, if applicable, —41 Facility in accordance ,_Ny #h the requirements imposed under Section 2.04 and will be included in and as pa r%M! e Public Entity,, s ownership interest in the Real Property and, if applicable, Faci,p and/or °. to pay for capital improvements that are needed to so operate the Reab; ioperty an f applicable' z Facility in accordance with the requirements �e.. a nwcr imposed under &tion 2.04 ; R. It reasonatexpects to possess'tTie ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property and, if applicable; Facility! -444 ryit does not expect to sell such ownership interest. S. It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt. T. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the G.O. Grant to complete and fully pay for the Project. U. It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the State Entity and to Minnesota Management and Budget (attention: Capital Projects Manager) that contains all of the recording information. Generic GO Bond Proceeds 10 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnre End Gmt) B. If the Event of Default involves a failure to comply with any of the provisions contained herein other then the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the G.O. Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public-, Enity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, .�®P -1. and upon such demand the Public Entity shall pay suclriit to the Commissioner of MMB.ri :' 'F D. Either the State Entity or the Commissioner of Ml .,,as a third party beneficiary of this Agreement, may enforce any additional remedies tfrepay have in law or equity.^ gut. The rights and remedies herein specified are cui ulative, and not exclusive of any rights or remedies that the State Entity or the Commissioner of M14B would otherwise possess. zp If the Public Entity does not ren the-am -p gs regiyrPrfi to he paid ender thie Section or RT under any other provision contained irr�' Ws Agrpernent within .30 days of demand by the Commissioner of MMB or any amount orceed bream competent jurisdiction within 30 days of entry of judgmeni.. against the Pub1i lEnfi° and it ` 6r of the State Entity and/or the Commissioner of MMB,, then such amount ma g unless precluded by law, be taken from or off- set against any aids, or other monies, that the Pil Entity is entitled to receive from the State of Minnesota. •4a,,r, yv4w Sectiagf:2 Q9� - Notification of Event of ,Default. The Public Entity shall furnish to the State Entit�an ttiC ©mmissioner of MMB, as soon as possible and in any event within 7 days afters obtained ki_ ledge of the occurrence of each Event of Default or each event which with kie givin of notiCzr lapse of time or both would constitute an Event of Default, a 1 g ,t statemdW$etting forth detaijsRof each Event of Default or event which with the giving of notice or upon 11e1apse of time or: oth would constitute an Event of Default and the action which the Public Enti id ty=pi`aRoses to takeQVith respect thereto. Section 2.10''= :5.[urvival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if Generic GO Bond Proceeds 14 Ver -- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Gmt) Me applicable, Facility is first used for the operation of the Governmental Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.12 Modification and/or Early Termination of Grant. If the full amount of the G.O. Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement or such later date to which the Public Entity and,thEState Entity may agree in writing, then the State Entity's obligation to fund the G.O. Gran. 11 terminate. In such event, (i) if none of the G.O. Grant has been disbursed by such date tbyyCeiu ,State Entity's obligation to fund any portion of the G.O. Grant shall terminate and tlQ greenet- ,shall terminate and no longer be of any force or effect, and (ii) if some but not all of the G.O: Giant has been disbursed by such date then the State Entity shall have no further. obligation to pl,de any additional funding for the G.O. Grant and this Agreement shall *remain in full force atieffect but shall be modified and amended to reflect the amount of the: G.O. Grant that was actual %tsbursed as of such date. This Agreement shall also terminate-and no longerbe"of any force or effect upon the Public �;.5a Entity's sale of its ownership intereif'v% ,the Real Property and, if applicable, Facility in accordance with the provisions contained S"eetfou, 4.01 and trnncmittal of atl nr n pnrtinrn of tl,e proceeds of such sale to the Commissioriftf M1V1 n ©mpliance with the provisions contained in Section 4.02, or upon the .terminationw.of Publ fir'iitls. ownership interest in the Real Property and, if applicable., Facility if such o e p intereMy way of an easement or under a Real Property/Facility-,Lease. Upon such termination the State Entity shall execute, or have executed, and deliver, c to the Publi Entity such `ocuments as are required to release the Public Entity's ownership interest in the ,Real Property Q if applicable, Facility, from the effect of this Agreement and the Declaration,",.'"' "' Sehon 2.13'�cess Funds. If the full amount of the G.O. Grant and anv matching funds$ 2erred to in SeeQn 7.23 are not needed to complete the Project, then, unless language in the C lC�- Bonding Legisiatio , indicates otherwise, the G.O. Grant shall be reduced by the amount not neeea,> "« � Generic GO Bond Proceeds 15 Ver- 2/16/10 Grant Agreement for End Giants (GO GA -G= End Gmt) $7 Article III USE CONTRACTS This Article III and its contents is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate any portion of the Real Property, and if applicable, Facility. For all other circumstances this Article III and it contents is not needed and should be ignored and treated as if it were left blank, and any reference to this Article III, its contents, and the term Use Contract in this Agreement shall be ignored and treated as if the references did not exist. Section 3.01 General Provisions. If the Public Entityhas' statutory authority to enter into a Use Contract, then it may enter into Use Contraetsfor various portions of the Real Property and, if applicable, Facility; provided that each: hnd ' every Use .Contract that the Public Entity enters into must comply with the following req ""I' Tents: " -gr A. The purpose for which it was eflried into musLbe to operate th&'Governmental Program in the Real Property and, if applical &Tacility a B. It must contain a provision setting foiM. -A' "statutory authority under which the Public Entity is entering into such contract, and ffdst,.gomply with the substantive and procedural provisions of such statute.-- -tea C. It must contain, n a provision:' stating,.that'if; is ".being' entered into in order for the Counterparty to op4 t ITR,,G _q yemmental Program and `must describe such program. D. It ,m `f contain a p ctvrsion that will provide for oversight by the Public Entity. Such oversigfit,, ay be accftlished by ,.way of a provision that will require the Counterparty to p`F e tot u%fiiesF, tity: (i) an initial program evaluation report for the first fiscal °year, that the C-i�unterparty will�operate the Governmental Program, (ii) program BMW- xbn'h. budgets "for" each.,succng fiscal year showing that forecast program revenues and additional revenues,,availa &Jor the operation of the Governmental Program (from all b the Counte y rparfy -;fall equal or exceed expenses for such operation for each sources succeeding fiscal yea% and (iiifa "mechanism under which the Public Entity will annually determine that the Counierparty is using the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract to operate the Governmental Program. E. It must "allow for termination by the Public Entity in the event of a default thereunder by the Counterparty, or in the event that the Governmental Program is terminated or changed in a manner that precludes the operation of such program in the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract. F. It must terminate upon the termination of the statutory authority under which the Public Entity is operating the Governmental Program. G. It must require the Counterparty to pay all costs of operation and maintenance of that portion of the Real Property and, if applicable, Facility that is the subject of the Use Generic GO Bond Proceeds 16 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Grnt) 4C CJ Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay such costs. H. If the Public Entity pays monies to a Counterparty under a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97 -13, 1997 -1 CB 632, so that such Use Contract does not result in "private business use" under Section 141(b) of the Code. I. It must be approved, in writing, by the Commissioner of MMB, and any Use Contract that is not approved, in writing, by the Commissionerrvf MMB shall be null and void and of no force or effect. J. It must contain a provision requiring thaC 4kh 6M' " very party thereto shall, upon direction by the Commissioner of MMB, stake such Wachs and furnish such documents to the Commissioner of MMB as the.Commissioner of hQ determines to be necessary to ensure that the interest to be paid;on the G.O. Bonds is exempt from federal income taxation.;4«,.. K. It must contain a provision that prohibits' the Counterparty from creating or allowing, without the prior written consent of the, State Entity and the Commissioner of MMB, any voluntary lien or encuabance or involuntary lien or encumbrance that can be satisfied by the payment of monte ana,V-"Ei cl is not be_ina actively contested avainst the Real Property or, if applicable, Fac` fy, the°P`t�iccx Entity's gwnership interest in the Real Property or, if applicable,; Facility,R' the Q.0, t4 arG 's interest in the Use Contract, whether such lien or'encumbrance is superiphor subort afe to the Declaration. Provided, hQM�tb however, the State. Entity and'the Comi m ss16ner of MMB will consent, in writing, to any such lien or encuiribrance that secures the`ie,,payment of a loan the repayment of which will not impair or burden the funds needed to dj *pte the portion of the Real Property and, if applicable, Facility,, that ;is 'the subject, of the Use Contract in the manner specified in Sectio - 104. and for which the entire airi6unt is used (i) to acquire additional real estate that " NcT' `so operate the Real Property and, if applicable, Facilitv in accordance with tiequirement zriposed under Section 2.04 and will be included in and as part of the ?ubtic Entity's ownership interest in the Real Property and, if applicable, Facility, and/or (fill, ( kpay for capital `' provements that are needed to so operate the Real Property and, if .� apple cake, Facility in a%c©rdance with the requirements imposed under Section 2.04. L.1£the amvuut of the G.O. Grant exceeds $200,000.00, then it must contain a provision requ3_r n ,,-fhe` Counterparty to list any vacant or new positions it may have with state workforce= = centers as required by Minn. Stat. § 116L.66, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. M. It must contain a provision that clearly states that the Public Entity is not required to renew the Use Agreement beyond the original term thereof and that the Public Entity may, at its sole option and discretion, allow the Use Agreement to expire at the end of its original term and thereafter directly operate the governmental program in the Real Property and, if applicable, Facility or contract with some other entity to operate the governmental program in the Real Property and, if applicable, Facility. Generic GO Bond Proceeds 17 Ver- 2/16/10 Grant Agreement for End Gams (GO GA -Gnrc End Grnt) Section 3.02 Initial Term and Renewal. The initial term for a Use Contract may not exceed the lesser of (i) 50% of the Useful Life of the Real Property and, if applicable, Facility for the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, or (ii) the shortest term of the Public Entity's ownership interest in the Real Property and, if applicable, Facility. A Use Contract may allow for renewals beyond its initial term on the conditions that (a) the term of any renewal may not exceed the initial term, (b) the Public Entity must make a determination that renewal will continue to carry out the Governrrietal Program and that the Counterparty is suited and able to perform the functions containe`c�iif Use Contract that is to be ,-1 N renewed, (c) the Use Contract may not include any provisionatould require, either directly or indirectly, the Public Entity to either make the determintren referred to in this Section or to renew the Use Contract with the Counterparty after the expiration a Che initial term or any renewal term, and (d) no such renewal may occur prior to the date that is.xoonths prior to the � date on which the Use Contract is scheduled to terminate. Provided, however; notwithstanding anything to the contrary contained herein the Public Entity's voluntary agreem o reimburse the Counterparty for any investment that the Counterparty provided for thequisition or betterment of the Real Property and, if applicable, Facility that 'is the subject of the Use Contract if the Public Entity does not renew a Use :Contract if requested by the Counterparty is not deemed to be a provision that directly or indireetly °retires the Public Entity to renew such Use Contract. ��aiy �oi¢w%fi9Yti?� Section 3.03 Reimbursement 6�, Count rpi-xr A +Use _ Contract may but need not contain, at the sole option and discretion of ie Publfi5EE4 t} provision that requires the Public Entity to reimburse the Counterparty for any�1n -V-di ment that' ";tiFie Counterparty provided for the acquisition or betterment. of the Real Pro e ° q p rty and; if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew` a Use Contract if requested by the Counterparty. If agreed to by the Public Entity,; such reimbursement shall be on terms and conditions agreed to by the Public Entity and the Counterparty.:. Section 3.04 'Receipt of Monies Under a Use Contract. The Public Entity does not anticipate the receipt of any funds under a Use Contract, provided, however, if the Public Entity does receive any monies under a Use- Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the, subject of a Use Contract, and to pay the principal, interest, redemption premiums, and, other expenses on Approved Debt, then a portion of such excess monies must be paid by the Public Entity to the Commissioner of NIMB. The portion of such excess monies that the Public Entity must and shall pay to the Commissioner of NEE M shall be determined by the Commissioner of VINO, and absent circumstances which would indicate otherwise such portion shall be determined by multiplying such excess monies by a fraction the numerator of which is the G.O. Grant and the denominator of which is sum of the G.O. Grant and the Approved Debt. Generic GO Bond Proceeds 18 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Gmt) Ra Article IV SALE Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully: A. The Public Entity determines, by official action, that such ownership interest is no longer usable or needed for the operation of the Governmental Program, which such determination may be based on a determination that the portion of the Real Property or, if applicable, Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B. The sale is made as authorized by law:,;; f' C. The sale is for Fair Market ValuaW D. The written consent of the Commis916ner.o'%3-hMB has been obtained. The acquisition of the Public Entity's -; ownerships interest in the Real Property and, if applicable, Facility at a foreclosure sale, Fiv acceptance odeed- ;n_l;c„ Of fnPerinc,irP, Or �s enforcement of a security interest in personal propert5c,used in i aperation thereof, by a lender that has provided monies fort, e acquisition of .the Public-Entity's ownership interest in or betterment of the Real Pxo�u: if applicable,: Facility shall not be considered a sale for the -y k.a� purposes of this Agreeeiit if aftel,ch acquisition the lender operates such portion of the Real Property and, if app bile, Facilitytj r, a manner which is not inconsistent with the requirements imposed under SectiddZ--12 ,04 and tNObtider uses its best efforts to sell such acquired interest to a third party for Fair M&kbt VWuVT xender's ultimate sale or disposition of the acquired interest in. the Real ,Propdi iid, if applMA -1e � Facility shall be deemed to be a sale for the purposes .af this Agreement, pi;,the proceeds thereof shall be disbursed in accordance with the provisions contained in Section X.02. .02 TheTublic Entity may.participate' in any public auction of its ownership interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser'it will not use any part of the Real Property or, if applicable, Facility for the Governmental Program. Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity's ownership interest in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt associated with the Public Entity's ownership interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of N MB in an amount equal to the Outstanding Balance of the G.O. Grant, and if the amount of such net proceeds shall Generic GO Bond Proceeds 19 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Grnt) 41 be less than the amount of the Outstanding Balance of the G.O. Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B. The remaining portion shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the State Entity paid under Section 4.02.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment'G•osts and the Subsequent Betterment Costs. If such remaining portion is not sufficien 47ieimburse interested public and private entities for the full amount that such enti tiebhlbuted to the acquisition or betterment of the Real Property and, if applicable, Facity, them bite amount available shall be distributed as such entities may agree in writing;: and if such erixrties cannot agree by an appropriately issued court order. C. The remaining portion shall be-'divided and distributed to the, Mate Entity, the Public Entity, and any other public and private entity thi i contributed funds =to the Initial Acquisition and Betterment Costs and the Subsequent,Betterment Costs, other than lenders who supplied any of such funds, , n proportion to the contributions that the State Entity, the Public Entity, and such other p��licand private entities made to the acquisition and betterment of the Real Property a` gi f"atinl ahlP Faci'1itii as such amounts are mart of the Ownership Value, Initial Acquisitio and Betterment CosfS; and Subsequent Betterment Costs. y� �aYw�r M�Jv vwk The distribution.,6 the State Entity shall-,S6"-made to the Commissioner of MMB, and the Public Entity may direct its distribution to be niWe to any other entity including, but not limited to, a Counterparty. All amd-Whtsto be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner ofNEV B., and no such disbursements shall be made without such consent. '£lie Public Entity''"shall not lie- required to pay or reimburse the State Entity or the ;�..�. Commissioner of MMB for;ily funds "above and beyond the full net proceeds of such sale, even �.._ if such net piroceeds are less Gran the amount of the Outstanding Balance of the G.O. Grant. Article V WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER'S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity's ownership interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, "state bond financed property", as such term is used in the G.O. Compliance Legislation and the Commissioner's Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity's ownership interest in the Real Property and, if applicable, Facility and any Use Contracts relating thereto. Generic GO Bond Proceeds 20 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Grnt) Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax- exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or, if applicable, Facility, or use or invest the G.O. Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code._ B. It will deposit into and hold all of the G.O. Gran "that it receives under this Agreement in a segregated non - interest bearing accouiitt til, such funds are used for payments for the Project in accordance with the provisxo contaid herein. C. It will, upon written request, provide the Commis5" oner of MMB all information required to satisfy the informational requirements se in the Code including, but not limited to, Sections 103 and:148 thereof, with respect to )t ie G.O. Bonds. D. It will, upon the occurrence of any' act or. omission by the Public Entity or any Counterparty that could cause the,.injterest on the G:O: Bonds to no longer be tax exempt t4 ., L, and upon direction from the Co�ioner of MMB, °take such actions and furnish such vR3,s,- do�iimPntc ac the C'nmmiccinnrr i :lei 7ieten„u nPg tn„" "be necessai -�, to ensure that the �;,b,. et interest to be paid on the G.O. Bondis exetri: from federal taxation, which such action may include either: (i )con liance wi procg i gs`�ir texided'to classify the G.O. Bonds as R.,,,c �(.x.x..> i:*, xga:9p' a "qualified bond "- WORhINt � meaningh,.; . ection 1 `l e ° of the Code, (ii) changing the nature or terms;;cL wt e Use G"ontract soy ia.,t it complies with Revenue Procedure 97 -13, WfiRX. 1997 -1 CB 6 nr (iii) change the nature °i1f the use of the Real Property or, if applicable, Facility so tha °done of tht roceeds t► the G.O. Bonds will be used, directly or indirectly, an ` "' " y, `u ojateel rade ;bt busi ess' nor for any "private business use" (within the meaning of Section§�141 b and 145(x)- tiie Code), or (iv) compliance with other Code provisions, °regulations; - revenue procedures which amend or supersede the foregninu_. E. It will nototherwise; use any of the G.O. Grant, including earnings thereon, if any,T:or take or permit- to" or cause to be taken any action that would adversely affect the exemption from federal: income taxation of the interest on the G.O. Bonds, nor otherwise omit, take, or cause to`be taken any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take 'all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner's Order. In the event that the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity's ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the State Entity shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity's ownership interest in the Generic GO Bond Proceeds 21 Ver- 2/16/10 Grant Agreement for End Grants 3 (GO GA -Gnrc End Gmt) Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner's Order. Article VI DISBURSEMENT OF GRANT PROCEEDS Section 6.01 Disbursement of Grant. Upon compliance with all of the conditions delineated in Section 6.02, the State Entity shall disburse the G.O. Grant to the Public Entity in one lump sum. Under no circumstance shall the State Entity be required to disburse funds in excess of the amount requested by the Public Entity under the provisions contained in Section 6.02.A even if the amount requested is less than the amount of the G.O. Grant delineated in Section 1.01. If the amount of G.O. Grant that the State Entity, disburses hereunder to the Public Entity is less than the amount of the G.O. Grant delineated in' Section '1.01,, then the State Entity and the Public Entity shall enter into and execute A `%Wbver documents 'the,State Entity may request in order to amend or modify this Agreement b reduce the amount of the G.O. Grant to the amount actually disbursed. Provided, howegear 1r1 accordance with the provisions contained in Section 2.11, the State Entity's obligation to d11;9' se any of t e' G.O. Grant shall terminate as of the date specified in such Section even if the entire'0,;ant has not been disbursed by such date.k The G.O. Grant shall my e. for expenses that M are — y` C_�_ �__ O__ �j_ p_ �rir.°�t;hneP itp'nc of a i-anital naf7ina fOr the Project, (ii) accrued no earlier than the e'ffective'date,of the ` zBonding Legislation, or (iii) have otherwise been consente4_, to, in writing, by, the "Siate.,Entily and the Commissioner of 1V1 MB. doiu: ^�.acFaS..rGa _ F$w¢n Section 6.02 �z ! ©ndition Precedent to 'Disbursement of Grant. The obligation of the State Entity to disbuASe "_the G.O. GNt to the Public Entity is subject to the following conditions vp precedent: :,��, d :,a:. _ -° = ; A. ' The State Entity shall have received a request for disbursement of the G.O. Grant specifying the amolitzafunds being requested, which such amount shall not exceed the amount of the G.O. Grante7ineated in Section 1.01. "B.' The State Entity shall have received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has fully and completely paid for the Project and all other expenses that may occur in conjunction therewith. Generic GO Bond Proceeds 22 Ver- 2/16/10 Grant Agreement for End Grants A �j� (GO GA -Gnrc End Gmt) E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23 and that all of such matching funds, if any, have been expended for the Project. F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G. The State Entity shall have received evidence in,l`onn and substance acceptable to the State Entity, that the Real Property and, if applicaUl=wFacility and the contemplated use thereof are permitted by and will comply with a1lapplicaiieuse or other restrictions and requirements imposed by applicable zoning ordinances or refit ations, and, if required by law , have been duly approved by the a pP licable _ municipal or rnental authorities having jurisdiction thereover."""" - H. The State Entity shall have received; evidence,: in form and substan6e acceptable to the State Entity, that that all applicable and, required building permits, other permits, bonds and licenses necessary for �the Project have be_ en paid for, issued, and obtained, other than those permits, bonds and le `ses which may not lawfully be obtained until a future date or those permits, bonds and ens $' �ih_ir_.h in the �rdinnry nniircP of hiicinecc wniild M normally not be obtained until a laterdate. :ro I. The State'Entityshall have'receiu to the State Entity; 'that that`: all appl b- necessary for. the operation of.the Real Piq specified in Section 2.04 have been_ paid for„ bonds and licenses;which may lawfully b bonds.nMiid licenses" which in the oidinary ohtaiiedizntt`l later date: 'evidericer form and substance acceptable and required permits, bonds and licenses :rty and if applicable, Facility in the manner I and obtained, other than those permits, Obtained until a future date or those permits, course of business would normally not be ®_ - .,;. ,. J tag . The S Entity shall received evidence, in form and substance acceptable to le Eper state Entity, ffif the Project was completed in a manner that will allow the Real Pro�-and, if applice, Facility to be operated in the manner specified in Section 2.04, which regtii zement mad? e satisfied by a certificate of occupancy or such other equivalent document fromythe rriuiicipality in which the Real Property is located. K. The'81A& Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the insurance requirements under Section 7.01 have been satisfied. M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn. Generic GO Bond Proceeds 23 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Gmt) q5- Stat. § 1613.335, as it may be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 7.103 has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.10.0 have, if required, received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair of the Minnesota House of Representatives Capital Investment Committee has, if required, been notified p ursuant to Section 7.10.G."' "° N. No Event of Default under this Agreement Qi*k ent,.which would constitute an Event of Default but for the requirement that notice IVen Q11iat a period of grace or time elapse shall have occurred and be continuing..:.; -Nil f, � k O. The Public Entity has supplied to. the State Entity all otherins that the State Entity may reasonably require. = <= 'aaUi�gr iY�M1r Article VII MISCELLANEOUS',` Section 7,01 TngnrancP_ The piibiii-aFntity shall ninnn ai-nrn;cit;nn of the o;xm�s 'k;„ interest delineated in Section 2.02, insure,ihe Facility;;if such eirists, in an amount equal to the full insurable value thereof .(i y self insuring „under a program of self insurance legally adopted, maintained and adequatelrifuriiled�by the Public Entity, or (ii),-b' way of builders risk insurance ;.s��r, . gip;.: and fire and extended gcipdrage insurance witIi'a deductible in an amount acceptable to the State Entity under which- AMiate Entity a d the Public Entity are named as loss payees. If damages which are covered li such required' insurance occur, then the Public Entity shall, at its sole option and discretion, ° ether: il . -us ause,. the insurance proceeds to be used to fully or partially repair such damn” e�arizl`, to pro 4cuse to be provided whatever additional funds P Y. p. a g� P � P that maybe needed'to' fully o Martially repair such damage, or (z) sell its ownership interest in 1. T q,d > the damaged Facility and p0 of ��f the Real Property associated therewith in accordance with the provisions contained in Sectiom 04. ly, If the` Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02:1as if the Public Entity's ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity's ownership interest in the Real Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. Generic GO Bond Proceeds 24 Ver- 2/16/I0 Grant Agreement for End Grants (GO GA -Gnrc End Gmt) The State Entity agrees to and will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity named as an additional named insured therein. The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible for the providing of such insurance in the event that the Counterparty fails to provide or maintain such insurance. At the written request of either the State Entity�(`)i lie Commissioner of MV3 the Public Entity shall promptly furnish to the requesting eRtij% all written notices and-,all paid premium receipts received by the Public Entity regazd�gnh the required insurance, or` certificates of insurance evidencing the existence of such requiredmsurance r,-- If the Public Entity fails to provide and maintain thEi surance required under this Section, then the State Entity may, at its sole option an d discretiont,Qbtain and maintain insurance of an equivalent nature and any fiends eXnended liv.` the Ctate 'Vnta.ty to nhtaAn nr -rn n;n s'1ch i -� ... —_ J insurance shall be due and payable on demand by the State Entiamd bear interest from the date of advancement by the State „.Ftity at a rate, equal to the less the the maximum interest rate allowed by law or 18 %A: °e tiro based u .on a 365 da ` ear. Provided however, nothing contained herein, in but noited to this Section, shall require the State Entity to obtain or maintain such m*sixr'ance, and { State Entity's decision to not obtain or maintain such insurance shall not I the Pub)yic1ntity's duty to obtain and maintain such insurance. Section,7.02 Conaemnation. If `afte wthe Public Entity has acquired the ownership interest delineated iii` Sectior92 02 all or any portion of the Real Property and. if anplicable, Facili ty:;_is condemned' to an extent that the Public Entity can no longer comply with the provisions contained in Section `21'04, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the °condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in' Section 2.04 ,arid, if applicable, to fully or partially restore the Facility and to provide or cause to, be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining' portion of its ownership interest in the Real Property and, if applicable, Facility in accordance ' 'with the provisions contained in Section 4.01. Any condemnation proceeds which are no used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity's ownership interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity's ownership interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds Generic GO Bond Proceeds 25 Ver- 2/16/10 Grant Agreement for End Grants 97 (GO GA -Gnrc End Grnt) of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterafa ro -The Public Entity shall (i) keep the Real Property and, if applicable, Facility, in gcsod' conditbn and repair, subject to reasonable and ordinary wear and tear, (ii) complete pro ptly and iii d and workmanlike t� manner any building or other improvement which maybe constructed on ", Real Property and promptly restore in like manner any portion of the Facility, if applicable, w4ffi inay be damaged or destroyed thereon and pay when due all claims. for labor performed and materials furnished . x_ _ therefore, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or,'if applicable, Facility, or any part thereof, or requiring any alterations or�jmprovements `thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking aril ' tans sea e areas in ,good and neat order and repair, (v) comply with the provisions of any Reafy- xnriext�tXFar,hty T.PaCP if the P„hlic Enr;ty'g Ocn�nersh�r� interest in the Real Property and, if applicable, Faig •s a leasehold interest, and (vi) comply with the provisions of any..easement ify owne%siupli % rest ._m the Real Property and, if applicable, Facility is by way `or such easeeri d (vi) ly with the provisions of any condominium documents and any applicable fec roc al easement or operating agreements if the 4Sia•w't: Real Property and, if applicable, Facility, is parE pf a condominium regime or is subject to a reciprocal easement or use agreement: The Publ c4Entity shall"not, without" the`written consent of the State Entity and the Commissitiier "of 1IF!TB, (a) permit or suffer the use of any of the Real Property or, if applicable, e r Facility for any purpdWcother than the purposes specified in Section 2.04, (b) remove, demolish or sli6iantially alter any Q fhe Real- Property or, if applicable, Facility, except such alterations as may be l "` a ;aired by laws, ord_aances or regulations or such other alterations as may improve such Real Properor, if applicab:F acility by increasing the value thereof or improving its ability to be used to operate the Govetiinental Program thereon or therein, (c) do any act or thing which would undid _a. air or di""' 'ate the value of the Real Property or, if applicable, Facility, Y ? =,_ PrtY PP �, abandon the Real "'ra "'etY or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Rea'roperty or, if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the G.O. Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the State Entity may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State Generic GO Bond Proceeds 26 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Gmt) 9C Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the State Entity hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the State Entity to take any action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the State Entity to perform such acts as may to necessary to so maintain, the Real Property and, if applicable, Facility shall be due and payable on demand by the State Ejii and bear interest from the date of advancement by the State Entity at a rate equal to theesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day yeatf.�trw... Section 7.04 Records Keeping and Reportin The PublO Entity shall maintain or cause to be maintained books, records, documents kanTlp fier evidence perta ng to the costs or expenses associated with the Project and operatlQaf the Real Property, if applicable, Facility needed to comply with the requirerxrexats cont ain ed. ;in this Agreement, the G.O. Compliance Legislation, the Commissioner's Order =. end the C;R< bonding Legislaon, and upon request shall allow or cause the entity which is mairYtxtungsic"h items to allow the State Entity, auditors for the State Entity, the Legislative Auditora'fe-e State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy abstract, all of such items. The Public Entity shall use or cause the entity wn-tc— ,s mainf�'snTxn�a ci »�h �tPmS t0 ' »se ge::e�' 1 accepted accounting principles in the maintenance of such itemd shall retain or cause to be retained (i) all of such items -that relate to the'Project for a period of 6 years from the date that the Project is fully complete - -peed into operation, and (i) all of such items that relate to the operation of the Realty ' operty an applicable, Facility for a period of 6 years from the date such operation is' Mro�m �k kanE4 N�6e� �Mma�� 4'YIAa�. • . Section 7.05 In'spections'�by -St te`. E ntit y. ..:Upon reasonable request by the State Entity Na and without interfering witl%;_;� normal use 'oe Real Property and, if applicable, Facility, the Public Entity sliall allow, an&w. ll require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of;�"t Real Property and, if applicable, Facility to allow the State Entity'to;inspect the Real Property`ahcl�if applicable, Facility. 4.v,A Section, 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the G.O. Grant, the Project, or the operation of the Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.07 Non - Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Generic GO Bond Proceeds 27 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Grnt) I I Section 7.08 Worker's Compensation. The Public Entity agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181 subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner of MMB all claims it may have for over charges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 Review of Plans and Cost Estimates.' The Public Entity agrees to comply with all applicable provisions and requirements, if any,, contained in Minn.. Stat. § 16B.335, as it may be amended, modified or replaced from time teiZtlme, for the Project; and in accordance therewith the Public Entity agrees to complywithA e' "following provisions aiid requirements if such provisions and requirements are a pp licable'.5,;= .v A. The Public Entity shall provide all iiia�m fion'that the State Entity may request H. _ "'. in order for the State Entity to determine that thdtPr ? &ct will comply with the provisions and requirements contained in Minn. Stat. § 16B.3§ a , it may be amended, modified or replaced from time to time. B. Prior to its :proceeding with design, activities foTCle Project the Public Entity shall prepare a predeslgri°- °ppaekage and submit;it to the Commissioner of Administration for the State of Minn for resew and comment. The predesign package must be sufficient &; -;AT to define therurpose, scope ost, and projected schedule for the Project, and must 4, i c•. demonstrate tliatthe Projectiaslieen analyzed according to appropriate space and needs standards. Any xsi%stantiaEhari&o;Msuch predesign package must be submitted to the Commissioner of Adm i� sttation for fib,'80e' of Minnesota for review and comment. _ _e C. If the Project includes the construction of a new building, substantial addition to an existing building;: a subs`aistial change to the interior configuration of an existing building, or the acquisition of ahi interest in land, then the Public Entity shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements, necessary ta` complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Comrnittee and the chairs have made their recommendations, and it has notified the Chair of the Minnesota House of Representatives Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted or which differ from any previous predesign submittal. D. The Public Entity must notify the Chairs of the Minnesota State Senate Finance Committee, the Minnesota House of Representatives Capital Investment Committee and the Minnesota House of Representatives Ways and Means Committee of any significant changes to the program plan and cost estimates referred to in Section 7.10.C. Generic GO Bond Proceeds 28 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Grnt) /M E. The program plan and cost estimates referred to in Section 7.10.0 must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or replaced from time to time, and all rules adopted thereunder. F. If any of the G.O. Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 7. IO.B and the program plan and cost estimates referred to in Section 7.10.0 must include.- rQVisions for cost - effective information technology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services_Ae,e ally, and decentralize its operations. h F a. G. If the Project does not involve the construction of a n6Q!%pilding, substantial addition to an existing building, substantial ,change to the interior et- nfiguration of an existing building, or the acquisition of an ,interest in land, then prior to be °gR. aming work on the Project the Public Entity shall just nottify ,the Chairs of the Minnesotif State Senate Finance Committee, the Minnesota House?_'of Representatives Capital Investment Committee and the Minnesota House of Representatives Ways and Means Committee that the work to be performed is reado�egn� H. The Project must be: (i) 9iibstantfall- completed in accordance with the program plan and cost estimates referred to in'�e�ctionrzi.,Ycompleted in accordance with the time schedule contained in-the progr�ar an referred fo in Section 7.10.C, and (iii) completed within. the budgetIs contained _ ;I ,e cost estimates referred to in Section 7.10.C. Provided, however,; the provisions and requirements contained in this Section only apply to public lands or buildings or,other public:improvei' is of a capital nature, and shall not apply to the demoliticiW, "vr, decommissioning of state :`assets, hazardous material projects, utility infras tru to e' °prJee .&nvironmental testing, parking lots, exterior lighting, fencing, highway rest aea, "truck stationsy torage facilities not consisting primarily of offices or heated work areasNoads, bridges, rail ;_pathways,. campgrounds, athletic fields, dams, floodwater retention systemsUwater access sites harbors, sewer separation projects, water and wastewater facilities, port development projects "fdr which the Commissioner of Transportation for the State of Minnesota hiW",entered into ana'assistance agreement under Minn. Stat. § 457A.04, as it may be amended, mod or replaced from time to time, ice arenas, local government projects with a construction cost o;less�'an $1,500,000.00, or any other capital project with a construction cost of less than $750,00(f " Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the Governmental Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the Governmental Program on or in the Real Property and, if applicable, Facility. Generic GO Bond Proceeds 29 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gmc End Gmt) /6l / Section 7.12 Liability. The Public Entity and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the State Entity and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Public Entity is a "municipality" as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification, provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Vkt Section 7.13 Indemnification by the Public Exitity. The Public Entity shall bear all ... loss, expense (including attorneys' fees), and damW� in connection "with the Project and operation of the Real Property and, if applicable#WWility, and agrees to 'indemnify and hold harmless the State Entity, the Commissioner of 11B, and the State of Minnesota, their agents, servants and employees from all claims, demand s °ai'dyjudgmefs made or recovered against the State Entity, the Commissioner of MMB, and the S'ta �. 'g _. linnesota, their agents, servants and u employees, because of bodily injuries,, including dea a any time resulting therefrom, or because of damages to property of the State,Enti ty, the �Qrlussioner of MMB, or the State of Minnesntn nr others (ini-hulino loss of iiaP) frr�'ally Canuse ;iiF:�Tne;�� a,��,nrt �,,,r of ••er� , .... ,..mob v..� to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, ��;rr whether or not due to any, ac f omission; or commission, including negligence of the Public Entity or any contractor a %t eir employees, servants or. agents, and whether or not due to any act of omission oz-56- mmissiOR'( excluding; however, negligence or breach of statutory duty) of the State Entity; wtfie° Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. at gig = Se The Public Entity T ier' agrees to °ihi 6iinify, save, and hold the State Entity, the : „ri� Commissioiier'of MMB, and-#1 ..,State of Minnesota, their agents and employees. harmless from all claims arising out `of; resulita. from, or in any manner attributable to any violation by the Public Entity, its officers; employees `:or agents, or by any Counterparty, its officers, employees, or agents, - 44 any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Public Entity's liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of either the State Entity, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable, Facility. Generic GO Bond Proceeds 30 Grant Agreement for End Grants Ver- 2/16/10 (GO GA -Gnrc End Gmt) The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and, if applicable, Facility shall not have any contractual relationship with the State Entity, the Commissioner of MMB, or the State of Minnesota and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers!, Compensation Act of the State of Minnesota, claims of discrimination against the Public- "Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the State Entity, the Commissioner of MMB, or the State of Minnesota. Such "personnel. or other persons shall not require nor be entitled to any compensation, rights or ],-i fits of any kind whatsoever from the State Entity, the Commissioner of MMB, or the State,RO,'t' Minnesota including; ;but not limited to, tenure rights, medical and hospital care, sick and;tracdtion leave, disability benefits, severance Xr pay and retirement benefits.,, Section 7.15 Notices. In addition to any noti?ce regd "under applicable law to be given in another manner, any notices required hereunder musl;U'di in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified'mail (return receipt requested), to the business address of the party to whom it is direetec_i._ Such btic -fkr address shall be that address specified below or such different address as.may hereafter be s & fd, by either party by written notice to the other: ,;�: ors. To the Pizlilic Entity a, �w of Ea .:qty - 3'83;aPila_ Ea'- 55122 s Att enfiouu.,• City Clerk " To the State Entity aff Minnesota Department of Administration 50 Sherburne Ave, Rm 309 St. Paul; MN 55155 Attention: Wayne Waslaski To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Generic GO Bond Proceeds 31 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Garr End Gmt) Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Public.Eritity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of thi g'Agt'eement, in any one or more instances to insist upon the complete and total observance. or pe rmance of any term or provision hereof, nor the failure of the Public Entity, the. State Entity; ,' !the Commissioner of MMB, as a third beneficiary of this Agreement to exercise an ri ` 'rivile e or remedy PAY S' 7 Y : ?.ar g , Y conferred hereunder or afforded by law shall be construed as waiving any bi'e -ash of such term, provision, or the right to exercise such right, privilege, or remedy thereafter:' -IN& addition, no delay on the part of the Public Entity, the State Entity,,or the Commissioner of 1V11�fB, as a third party beneficiary of this Agreement, in exercising ariy:.right or remedy hereunder shall operate as a waiver thereof, nor shall any single or.Dartial exercise'of any right or remedy preclude other or further exercise thereof or the exercise-'tz - gather right orreinedy. "w, Section 7.18 Entire Agreement. -ItJ' is Agreernent� the Declaration, and the documents, if any, referred to and incorporated herein befereiie "eriladr the entire agreement between the Public Entity and the State Entity,, and the gal�',,ho otherd ements, either oral or written, between the Public Entity -and the State Entity `opthe subject matter hereof. Section 7.19 ' Choice of Law and VeAAde. All matters relating to the validity, construction, performance, . or - enforcement' , of. this Agreement or the Declaration shall be determined n glfto>;dance with the laws i6f-the State of Minnesota. All legal actions initiated with respeet'to or" fth,,g from, any provision contained in this Agreement shall be initiated_ filed and vn'u "eci in the Stafdf Minnesota District Court located in the City of St. Paul, County of Ramsey State of Minnesota Sectia '120 Severability. If any provision of this Agreement is finally judged by any court to be invd, then theemaining provisions shall remain in full force and effect and they shall be interpreteda perforn�d; and enforced as if the invalid provision did not appear herein. N yq�,- Ay{xwmPY..Po Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.23 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the Project: Generic GO Bond Proceeds 32 Ver- 2/16/10 Grant Agreement for End Grants (GO GA-G= End Gmt) / bq- (If there are no matching funds requirements then insert the word "NONE ".) NONE Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money,- or (iii) equivalent funds or contributions, including equity, which have been or will be used to,,, pay for the Project. The Public Entity shall supply to the Commissioner of NUB whatever documentation the Commissioner of MMB may request to substantiate the .j-vailability and. source of any matching funds, and the source and terms relating to all matchi i funds must be consented to, in writing, by the Commissioner of MMB. Xw •0� Section 7.24 Source and Use of Funds. �Tublic_E City represents to the State Entity and the Commissioner of MMB that Attachment 104"d:ntended to be and is a source and use of funds statement showing the total cost of the Project ari;of the funds that are available for the completion of the Project, and that the information conta ft, 6,, in such Attachment III correctly and accurately delineates the follow—ling - -rmagon A. The total cos&,of the Project detailing aIl" of the major elements that make up such total cost and t o --i-& of such total, cost'is attributed to each such major element. :, B. Tla.d:�ry�:yy rce of all ai ds needed'to complete the Project broken down amongst the following categories: z (i).. StateY;ft including`tlieC%O. Grant, identifying the source and amount and of sch,funds. G ., (ii) . Matchinefiii ds, identifying the source and amount of such funds. Otlier funds '`44plied by the Public Entity, identifying the source and amount of such Minds. (iv) Loans identifying each such loan, the entity providing the loan, the amounf of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v)" Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses that are to be reimbursed and paid from proceeds of the G.O. Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. Generic GO Bond Proceeds 33 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Grnt) /D5- If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the State Entity and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the State Entity or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III to this Agreement. The value of the Public Entity's ownership interest in the Rear Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership ,Value in Section 1A1 and not included in such Attachment III.a: >w;v ' The funds shown in Attachment III and limitations contained in the G.O. Bonding Leg a Counterparty under a Use Contract. .�w supplied far -,,the Project may, subject to any ,Y, be provi ii✓d by either the Public Entity or Section 7.25 Third -Party Beneficiary._ The Govmental Program will benefit the State of Mi.in Ponta Arend flip nrnxr;cilvnv a,..nd ren�..�aiareniv°it.° enrr�%fwln� 1,n �„ oru fn tl,n t, i'.+ � r V11LLC1F„LVLL Vr elll 1W. � - Vene11L VL both the State Entity and the State of Minnesota. ',':.Therefore dig State of Minnesota, by and ;,ks. through its Commissioner of MMB is and shall be a third =parry beneficiary of this Agreement. .moo Section 7.26 Public Entit�(,m"Tasks. Any tasks that this Agreement imposes upon the Public Entity may he erformed by,�ah other entity as the Public Entity may select or designate, provided that the failir of such Quo,- entity to perform said tasks shall be deemed to be a failure to perform by the Pub l JE ntiM S y and the by itinan that is regliired,of it herein. ity and Commissioner Required Acts and Approvals- The one r of MMB shall not (i) perform any act herein required or Lble- manner, (ii) unreasonably refuse to perform any act that it is or (ifi} ` reasonably refuse to provide or withhold any approval Section 7.2 � -,�;AppU bility to Real Property and Facility. This Agreement applies to the Public Entity's 4ne'r lip interest in the Real Property and if a Facility exists to the Facility. 4.- x , .." The term "if applicable appearing in conjunction with the term "Facility" is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity's ownership interest in the Real Property. Section 7.29 E- Verification. The Public Entity agrees and acknowledges that it is aware of Governor's Executive Order 08 -01 regarding e- verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order and impose a similar requirement in any Use Agreement to which it is a party. Generic GO Bond Proceeds 34 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Grnt) Section 7.30 Additional Requirements. The Public Entity and the State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. (If there are no additional requirements then insert the word "NONE ".) NONE Generic GO Bond Pmceeds 35 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gmc End Gmt) � IX� IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this General Obligation Bond Proceeds Grant Agreement End Grant for the Eagan Heroes Memorial Project on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: City of Eagan, a Minnesota municipal corporation By: Mike Mdguire Its: Mayor e Dated: , Z, 2010 And: Maria Pet Its: City 11: D a.ted,:, 12010 STATE ENTITY: al Minnesota Department of Administration By Sheila Reger "o-nRi Dated: 2010 Generic GO Bond Proceeds 36 Ver —2/16/10 Grant Agreement for End Grants / U� (GO GA-Gnrc End Gmt) Attachment I to Grant Agreement State of Minnesota General Obligation Bond Financed DECLARATION The undersigned has the following interest in the real property located in the County of Dakota, State of Minnesota that is legally described in Exhibit A "attached and all facilities situated thereon (collectively referred to as the "Restricted Properly' (Check the appropriate box.) XD a fee simple title, a lease, or an easement, and as owner of such fee title, lease or easement, does <ereby declare that such interest in the Restricted Property is hereby made subject to the followu - ."estrictions and encumbrances: A. The Restricted Property is bond financed property wily the meaning of Mimi Stat. 16A.695 that exists as of th 'effective -. date" of the grant agreement identified in paragraph B below; is subject to. the encunibrance:'created and requirements imposed by such statutory provision, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the'ap roval of the Commissioner of Minnesota Management and Budget, "gr..its successor '," °;which approval must be evidenced by a written statement signed by`' said commissioner, and attached to the deed, mortgage, encumbrance or instrument used ,to sell or "otherwise, dispose of the Restricted Property; and B , he Resti cte Property is subject to all of the terms, conditions, Yrvvi�lvus, and mx'w °a° limitations contained iriAhat certain Grant Agreement - End Grant for the Eagan rt- g Heroes Memo Project between the City of Eagan and the Minnesota Department Nil-f AdministratioUated May 4, 2010 (the "G.O. Grant Agreement "). The Restricted Property shalltemain subject to this State of Minnesota General Obligation Bond Financed Declaration for _Wong as the G.O. Grant Agreement is in force and effect; at which time it shall be release - efrom by way of a written release in recordable form signed by both the Comm he M Commissioner of the Department of Administration and the Commissioner of Minnesota of Management and Budget, or their successors, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota of Management and Budget, or its successor. Generic GO Bond Proceeds 37 Ver- 2/16/10 Grant Agreement for End Grants /87 (GO GA -Gnrc End Gmt) STATE OF MINNESOTA ss. COUNTY OF DAKOTA City of Eagan, a Minnesota municipal corporation L-0 Mike Maguire Its: Mayor By: Maria Peters' Its: City Clerk. On this day of 0 before m'e,'a,Notary Public within and for said ------------ countv, the foregoing instrument was qt*iin-ed0'6LP'-M-,-ike Maguire. and Maria -Petersen, the. Mayor a C' �vlmnegbtW�7municipal,.6orporation, on behalf of the and City Clerk of the City of Eagan, al co nvnf; n —4— 5-ol -14.4 Not' 6 4Public AR THI&, RqSTRUMENT°�4?iS DRAFTED BY: SEVER§6N, SHELDON, DOUGHERTY :I, & MOLE N DA, P.A. 7300 West ir Street, Side"",600 Zl Apple Valley,1Vl` (952) 432-3136 (MDK: 206 - 30099) Generic GO Bond Proceeds 38 Ver —2/16/10 Grant Agreement for End Grants (GO GA-Gnrc End Gmt) Ito Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY Dakota County, Minnesota Generic GO Bond Proceeds 39 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Grnt) t � Attachment H to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY , Dakota County, Minnesota Generic GO Bond Proceeds 40 Ver- 2/16/10 Grant Agreement for End Grants (GO GA -Gnrc End Gmt) (la Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Idenffi Source of Funds Amount Identify Items Amount State G.O. Funds Ownership Acquisition G.O. Grant $100,000.00 and Other ItemiPa'id for with G.O. Gram Funds Other State Funds PurchaWa�ership c ji, a 'St Other Items of d'M-.,,;"Lpita Nature Sub-Total Matching Funds Sub Total ':' Sub Total Items Paid,for with Other Public Entity Funds -`Nf2H. N- GO Giant Funds on "BwNrw. Ma 4. Sub-Total Loans Subj,of4t,- ��Kikw Other Hinds:.. Sub-Total Sub-Total TOTAL FUNDS Sub Total 1 TOTAL PROJECT $ COSTS Generic GO Bond Proceeds 41 Ver-2/16/10 Grant Agreement for End Grants (GO GA-Gnrc End Grnt) I Agenda Information Memo May 4, 2010 Eagan City Council Meeting Map will follow on Monday with the Additional Information. 14 Agenda Memo City Council Meeting May 4, 2010 CONSENT AGENDA: S. Tree Maintenance Contractor License for Raul Gracia, Tree Amigos Service and Landscaping, LLC. ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Raul Gracia, Tree Amigos Service and Lanscaping, LLC, 341 Larson Ave. E., St. Paul. FACTS: • Raul Gracia has applied for Tree Maintenance Contractor license for 2010 and all requirements of the application have been met and the fee has been paid. • Staff recommends approval. ATTACHMENTS: None. The application is available for review in the Administration Department. <<s Agenda Information Memo May 4, 2010 Eagan City Council Meeting T. JUNE - LAKES APPRECIATION MONTH ACTION TO BE CONSIDERED: Proclaim June, 2010, as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Eagan is blessed with more than 350 lakes and ponds offering abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors. These amenities also can have a positive affect on adjacent property values. • Lakes, ponds, and wetlands are affected by nutrients, such as phosphorus, erosion sediment and various pollutants carried in storm water and runoff. All of these factors impact aquatic vegetation and the sustainability of wildlife by impairing water quality. Impaired water quality diminishes the positive attributes of these water bodies. • City residents and businesses play essential roles in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other pollutants from entering storm drains that connect to these lakes. • The City Council proclaimed June 2005 as the first Eagan Lakes Appreciation Month to encourage residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. • An annual proclamation of Eagan Lakes Appreciation Month expresses appreciation for these past efforts to protect and improve lake water quality within the City of Eagan for the enjoyment of the residents of the city and region and would encourage additional efforts by residents and businesses, such as creating rain gardens, using rain barrels or holding clean -up days at their nearest water body. ATTACHMENTS: • Proclamation, page ft T- and I /(�, 114 CITY OF EAGAN PROCLAMATION EAGAN LAKES APPRECIATION MONTH June 2010 WHEREAS, of Eagan's 1,260 distinct water bodies, 430 are constructed storm basins, 800 are natural wetlands, and 30 are natural lakes; and WHEREAS, Eagan residents and visitors derive numerous recreational opportunities to canoe, fish, and swim in these lakes; others enjoy walking and observing wildlife near these water bodies; and WHEREAS, City residents play an essential role in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other household pollutants from entering storm drains that connect to these lakes; and WHEREAS, in 1990 the City Council adopted a Comprehensive Water Quality Management Plan, one of the first Minnesota cities to do so; and WHEREAS, Eagan's water quality management program has been nationally recognized; and WHEREAS, in a 2005 scientific survey of Eagan residents, 99 percent said good water quality of City lakes was very or somewhat important, and nearly half said they visited Eagan parks with lakes at least 5 times per year; and WHEREAS, in 2007 the City Council adopted a Water Quality and Wetland Management Plan to efficiently and effectively address the issues and needs of its surface water resources for the next 10 years; and WHEREAS, in 2008 the City received a $90,000 grant from the Minnesota Pollution Control Agency to conduct studies of its two highest priority lakes to improve their water quality; and WHEREAS, the North American Lake Management Society is urging localities nationwide to declare a Lakes Appreciation Month this summer to increase public awareness; and WHEREAS, Eagan's Water Resource staff has deemed June to be a favorable month to hold such an observance every year; and WHEREAS, an Eagan Lakes Appreciation Month would be a good time to encourage residents or businesses to hold clean -up days at their nearest water body; WHEREAS, the City Council proclaimed June 2005 as the first Eagan Lakes Appreciation Month; and WHEREAS, this year the City is celebrating the 201" anniversary of its water quality program through LakeFest 2010 at Blackhawk Park on June 12; 117 NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims June 2010 as Eagan Lakes Appreciation Month and urges residents to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, 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 _ day of 2010. Maria Petersen, City Clerk Ili Agenda Information Memo May 4, 2010, Eagan City Council Meeting V. PUBLIC HEARINGS A. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: The City Code allows for collection through certification of delinquent false alarm bills, which are not paid. At the April 6 City Council meeting, a public hearing was scheduled for the May 4, 2010 City Council meeting. ➢ The City does not charge residents or businesses for the first three false alarms in a calendar year. A fourth or subsequent false alarm results in a $100 fee per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. ➢ The City currently has five delinquent false alarm bills. The assessable amount of these bills is $895. Since last fall, the City billed 60 properties for this service. Of the 60 billed, 55 property owners paid the service fee and 5 are in order for certification to the County. None of the five to be certified have been or are in the foreclosure process. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 3 through June 3. If the assessment is paid after June 3, interest at 5% from May 5, 2010 to December 31, 2011 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2011 property taxes. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on pagelao uq GG s. C� w cr a a� w ` AD O o 0 0 0 O O O O O o 0 o O V7 M M M M O\ w O vA M 0 0 00 a" �CDNoOO 00 N � dam' N p O O O O O O O O O O ca 40 Lr) kn Lf) kn M \O 44 kr) N N N N N V') U N 01 N N O + 0 0 0 0 0 Cl O o Cl 0 0 0 C) 0 0 C� 00 �o o~ o ` AD O -- O O O N O O O �. A o'3, o 0 0 a" �CDNoOO 00 N � dam' N p N U U M \O kr) V) �,O N 00 V') M N 01 N N O ` AD Agenda Information Memo May 4, 2010, Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection of delinquent weed cutting bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ At the April 6 City Council meeting, a public hearing was scheduled for the May 4, 2010 City Council meeting. ➢ The City currently has 16 delinquent weed cutting bills. The assessable amount of these bills is $3,439.76. Since last fall, the City billed 31 properties for this service. Of the 31 billed, 15 property owners paid the service fee and 16 are in order for certification to the County. Of the 16 to be certified, 8 have been or are currently somewhere in the foreclosure process. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 5 through June 3. If the assessment is paid after June 3, interest at 5% from May 5, 2010 to December 31, 2011 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2011 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page /a Qo !aI 0 Ca bA C1 D U a� 3 a a W CC r.+ y r.+ O a0 �o l� kn in kn M rn kn O Ln kn w Ln W M N N 00 -- M C1 M M 00 kn 00 00 M O O V) In M V) O M O O M O O [� \.O 'IT r- a1 00 Ol� C� l— O O O O O O O O O O O O O O O O O O O O O O O O (= O O O O O O O V') Ln to Ln Ln Ln kn Wn kn kn Ln Ln V'1 Ln Wn kn N N N N N N N N N N N N N N N N l— kn v) Vn — O kn V-) .-- 00 — — V) 00 M N N 00 -- M r� O\ M M 00 Wn 00 0o M Ian a\ M d' M tC O C." N n O cad Q F. t Cd O N O O N O O cd cz .Cd 0 00 Ln U o Ln V) 0 0� kn •--� M N U O l� 00 O O O O D1 [� N 0 0 0 0 01 d1 � O O� 00 d0 00 [� O� O� [� •--� M l� 00 O a1 kn Vn Ln \O 00 O \D [— w M Ln N O O O O O O O O O O O O O O O O Ian a\ M d' M tC O C." N n O cad Q F. t Cd vvi cd cz .Cd 0 00 Ln U o Ln Wn \,c �,o kn V) U U in M 00 N M I'D • - O 01 N M l� O [— in O -r O Q\ �,O [— O� 01 t— O "t kn 00 O -- M kn "t M zt — N N E -- Ian a\ M d' M tC O C." Agenda Information Memo May 4, 2010, Eagan City Council Meeting C. CERTIFICATION OF DELINQUENT BOARD UP BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for the delinquent board up bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection of delinquent board up bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ At the April 6 City Council meeting, a public hearing was scheduled for the May 4, 2010 City Council meeting. ➢ The City currently has one delinquent board up bill. The assessable amount of this bill is $155.21. Since last fall, the City billed one property for this service, which is in order for certification to the County. This property was identified as being a foreclosure. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 5 through June 3. If the assessment is paid after June 3, interest at 5% from May 5, 2010 to December 31, 2011 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2011 property taxes. ➢ All notices have been published in the legal newspaper and sent to all aiiecied property owners informing them of this hearing and their proposed assessments. ➢ Information on the one assessable property is as follows: 2071 Coral Lane, PID 10- 16701- 190 -04, $155.21 (includes $25 certification fee) ATTACHMENTS (0): (a3 Agenda Information Memo May 4, 2010, Eagan City Council Meeting D. CERTIFICATION OF REFUSE REMOVAL BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent refuse removal bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection of delinquent refuse removal bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ At the April 6 City Council meeting, a public hearing was scheduled for the May 4, 2010 City Council meeting. ➢ The City currently has three delinquent refuse removal bills. The assessable amount of these bills is $1,386.31. Since last fall, the City billed three properties for this service, which are all in order for certification to the County. Of the three to be certified, one has been or is currently somewhere in the foreclosure process. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 5 through June 3. If the assessment is paid after June 3, interest at 5% from May 5, 2010 to December 31, 2011 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2011 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ➢ Information on the three assessable properties is as follows: • 4106 Blackhawk Road, PID 10- 30976 - 010 -01, $332.93 (includes $25 certification fee) 0 2071 Coral Lane, PID 10- 16701 - 190 -01, $448.71 (includes $25 certification fee) • 4035 Mica Trail, PID 10- 16704 - 210 -05, $604.67 (includes $25 certification fee) ATTACHMENTS (0): Agenda Information Memo May 4, 2010 Eagan City Council Meeting E. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. FACTS: • The City Code allows for collection through certification of delinquent utility bills which are not paid. • At the April 6, 2010 City Council meeting, a public hearing was scheduled for the May 4, 2010 City Council meeting. • The City currently has approximately 1096 utility bill accounts with delinquent payments. The assessable amount of these accounts is $224,289.36. These items are in order for certification to the County. If certified another 5% interest is added. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. • 146 utility accounts due for certification have had a sheriff's sale since January 1, 2007 or 13 %. 26 accounts had sheriff's sales in 2007, 31 accounts had sheriff's sales in 2008 and 60 accounts had sheriffs sales in 2009 and 29 accounts had sheriff's sales so far in 2010. ATTACHMENTS: Delinquent account list; pages through 1'r Q . /�5 lace 197.91 25 222.91 18.58 241.49 0036706208 31.09 25 56.09 4.67 60.76 0036705309 02/13/2007 220.78 25 245.78 20.48 266.26 0013235908 267.96 25 292.96 24.41 317.37 0013237102 99.4 25 124.4 10.37 134.77 0010701902 288.02 25 313.02 26.09 339.110010300200 240.1 25 265.1 22.09 287.19 0010206605 04/09/2009 50.95 25 75.95 6.33 82.28 0012800900 50.74 25 75.74 6.31 82.05 0024201709 36.81 25 61.81 5.15 66.96 0024200305 62.16 25 87.16 7.26 94.42 0013242300 135.16 25 160.16 13.35 173.510013241203 76.58 25 101.58 8.47 110.05 0012209003 30.49 25 55.49 4.62 60.110012206900 237.82 25 262.82 21.9 284.72 0012205506 135.45 25 160.45 13.37 173.82 0012205209 66.63 25 91.63 7.64 99.27 0012500203 202.29 25 227.29 18.94 246.23 0012247300 176.58 25 201.58 16.8 218.38 0012228300 291.96 25 316.96 26.41 343.37 0011701802 41.75 25 66.75 5.56 72.310011702206 97.73 25 122.73 10.23 132.96 0038302808 12/17/2009 204 25 229 19.08 248.08 0010610608 05/24/2007 158.51 25 183.51 15.29 198.8 0010900900 151.89 25 176.89 14.74 191.63 0010900801 247.74 25 272.74 22.73 295.47 0010900702 217.93 25 242.93 20.24 263.17 0010900504 340.28 25 365.28 30.44 395.72 0010910909 07/30/2009 273.43 25 298.43 24.87 323.3 0010910206 17.8 25 42.8 3.57 46.37 0012508909 34.91 25 59.91 4.99 64.9 0012508602 95.83 25 120.83 10.07 130.9 0011800505 340.73 25 365.73 30.48 396.210011801206 189 25 214 17.83 231.83 0011815701 66.78 25 91.78 7.65 99.43 0011813706 78.27 25 103.27 8.61 111.88 0011813805 171.92 25 196.92 16.41 213.33 0011727609 78.39 25 103.39 8.62 112.010011714300 260.95 25 285.95 23.83 309.78 0011714003 79.24 25 104.24 8.69 112.93 0011712908 148.37 25 173.37 14.45 187.82 0011713401 50.21 25 75.21 6.27 81.48 0036507101 135.37 25 160.37 13.36 173.73 0036507408 159.06 25 184.06 15.34 199.4 0036507507 112.66 25 137.66 11.47 149.13 0036507606 80.03 25 105.03 8.75 113.78 0036507705 101.51 25 126.51 10.54 137.05 0025610809 235.95 25 260.95 21.75 282.7 0011718806 206.03 25 231.03 19.25 250.28 0011721305 309.48 25 334.48 27.87 362.35 0011721206 107.67 25 132.67 11.06 143.73 0011721008 244.46 50 294.46 24.54 319 0011720802 lace W 326.77 25 351.77 29.31 381.08 0013157607 200.71 25 225.71 18.81 244.52 0012838306 260.32 25 285.32 23.78 309.10012838702 197.79 25 222.79 18.57 241.36 0012840609 01/28/2010 138.95 25 163.95 13.66 177.610012839106 02/25/2010 437.56 25 462.56 38.55 501.110012840104 197.63 25 222.63 18.55 241.18 0012840005 102.49 25 127.49 10.62 138.110012837803 97.22 25 122.22 10.19 132.410023308307 101.34 25 126.34 10.53 136.87 0023507700 156.01 25 181.01 15.08 196.09 0038304101 54.65 25 79.65 6.64 86.29 0038304200 107.84 25 132.84 11.07 143.910038304507 114.3 25 139.3 11.61 150.910024405805 70.94 25 95.94 8 103.94 0015504202 53.46 25 78.46 6.54 85 0015504210 356 25 381 31.75 412.75 0024406308 78.62 25 103.62 8.64 112.26 0025203100 45.64 25 70.64 5.89 76.53 0025202300 142.11 25 167.11 13.93 181.04 0025208604 55.49 25 80.49 6.71 87.2 0023412000 111.7 25 136.7 11.39 148.09 0025500406 171.84 25 196.84 16.4 213.24 0023913007 12/16/2008 62.41 25 87.41 7.28 94.69 0025500703 153.46 25 178.46 14.87 193.33 0023900103 62.49 25 87.49 7.29 94.78 0023902000 106.44 25 131.44 10.95 142.39 0011716008 276.81 25 301.81 25.15 326.96 0025213406 414.88 25 439.88 36.66 476.54 0025205907 357.22 25 382.22 31.85 414.07 0037010303 211.24 25 236.24 19.69 255.93 0024707804 280.57 25 305.57 25.46 331.03 0024709107 04/09/2009 315.78 25 340.78 28.4 369.18 0024011900 69.36 25 94.36 7.86 102.22 0024010209 07/09/2009 254.67 25 279.67 23.31 302.98 0024009904 133.43 25 158.43 13.2 171.63 0024009508 109.67 25 134.67 11.22 145.89 0024010704 82.87 25 107.87 8.99 116.86 0023906803 189.29 25 214.29 17.86 232.15 0023304603 170.8 25 195.8 16.32 212.12 0023307606 92.9 25 117.9 9.83 127.73 0023305402 258.79 25 283.79 23.65 307.44 0023304900 75.34 25 100.34 8.36 108.7 0025107202 107.09 25 132.09 11.01 143.10037806304 243.71 25 268.71 22.39 291.10037808102 239.78 25 264.78 22.07 286.85 0011510104 119.47 25 144.47 12.04 156.510011512704 37.87 25 62.87 5.24 68.110011513009 05/01/2009 33.96 25 58.96 4.91 63.87 0012218301 140.66 25 165.66 13.81 179.47 0012216602 248.29 25 273.29 22.77 296.06 0012429502 215.83 25 240.83 20.07 260.9 0036822203 192.73 25 217.73 18.14 235.87 0013209408 128.13 25 153.13 12.76 165.89 0013209705 W i� 87.28 25 112.28 9.36 121.64 0036906105 140.78 25 165.78 13.82 179.6 0037707106 223.78 25 248.78 20.73 269.510037707502 295.49 25 320.49 26.71 347.2 0037710209 03/18/2008 405.7 25 430.7 35.89 466.59 0037708005 341.93 25 366.93 30.58 397.510037708302 329.37 25 354.37 29.53 383.9 0037607207 199.29 25 224.29 18.69 242.98 0013139100 56.83 25 81.83 6.82 88.65 0036811206 40.38 25 65.38 5.45 70.83 0036809309 88.99 25 113.99 9.5 123.49 0089907030 355.64 25 380.64 31.72 412.36 0025651902 02/25/2010 82.82 25 107.82 8.99 116.810038217402 72.21 25 97.21 8.1 105.310038220208 263.7 25 288.7 24.06 312.76 0011818002 168.47 25 193.47 16.12 209.59 0012102406 100.63 25 125.63 10.47 136.10012102208 200.31 25 225.31 18.78 244.09 0012102109 240.26 25 265.26 22.11 287.37 0037617107 133.08 25 158.08 13.17 171.25 0037615903 126.42 25 151.42 12.62 164.04 0011121803 858.52 25 883.52 73.63 957.15 0011507506 79.17 25 104.17 8.68 112.85 0012260907 12.27 25 37.27 3.11 40.38 0010914703 04/03/2007 342.45 25 367.45 30.62 398.07 0010907806 137.78 25 162.78 13.57 176.35 0023808801 125.64 25 150.64 12.55 163.19 0023503808 07/15/2008 282.27 25 307.27 25.61 332.88 0023503105 100.41 25 125.41 10.45 135.86 0023502701 04/23/2010 136.95 25 161.95 13.5 175.45 0023212509 208.51 25 233.51 19.46 252.97 0023213705 64.78 25 89.78 7.48 97.26 0023303605 238.7 25 263.7 21.98 285.68 0023304108 03/08/2007 71.75 25 96.75 8.06 104.810023300809 04/26/2007 104.75 25 129.75 10.81 140.56 0023302003 44.91 25 69.91 5.83 75.74 0023301906 86.57 25 111.57 9.3 120.87 0025616202 97.15 25 122.15 10.18 132.33 0013284104 89.94 25 114.94 9.58 124.52 0025745100 43.17 25 68.17 5.68 73.85 0025745308 48.5 25 73.5 6.13 79.63 0025746207 260.83 25 285.83 23.82 309.65 0025729906 10/15/2009 100.83 25 125.83 10.49 136.32 0025730300 146.84 25 171.84 14.32 186.16 0025731001 233.81 25 258.81 21.57 280.38 0038311502 352.64 25 377.64 31.47 409.110038311007 10/16/2008 52.2 25 77.2 6.43 83.63 0038310108 116.15 25 141.15 11.76 152.910036603603 102.99 25 127.99 10.67 138.66 0024715104 01/17/2008 221.57 25 246.57 20.55 267.12 0035509207 08/05/2008 65.08 25 90.08 7.51 97.59 0038329504 84.14 25 109.14 9.1 118.24 0023610306 299.32 25 324.32 27.03 351.35 0023607302 29.97 25 54.97 4.58 59.55 0023903909 i� jaq 166.36 25 191.36 15.95 207.310023906209 170.79 25 195.79 16.32 212.110012629903 171.72 25 196.72 16.39 213.110012630505 124.98 25 149.98 12.5 162.48 0012631107 153.83 25 178.83 14.9 193.73 0012631206 860.8 25 885.8 73.82 959.62 0012631602 10/21/2008 50.6 25 75.6 6.3 81.9 0012633046 11/20/2008 135.54 25 160.54 13.38 173.92 0012633004 04/13/2010 142.53 25 167.53 13.96 181.49 0012632964 80.29 25 105.29 8.77 114.06 0012632923 575.14 25 600.14 50.01 650.15 0012632899 124.83 25 149.83 12.49 162.32 0012632881 246.14 25 271.14 22.6 293.74 0012632857 37.83 25 62.83 5.24 68.07 0012632816 03/08/2007 153.16 25 178.16 14.85 193.010012632766 63.37 25 88.37 7.36 95.73 0012615209 08/05/2009 53.77 25 78.77 6.56 85.33 0012616108 105.42 25 130.42 10.87 141.29 0012615605 08/23/2007 98.12 25 123.12 10.26 133.38 0012617304 105.8 25 130.8 10.9 141.7 0012617809 75.98 25 100.98 8.42 109.4 0012612602 10/01/2009 48.93 25 73.93 6.16 80.09 0012613105 70.85 25 95.85 7.99 103.84 0012612701 04/03/2009 110.15 25 135.15 11.26 146.410012623807 103.86 25 128.86 10.74 139.6 0012623302 10.84 25 35.84 2.99 38.83 0012622809 194.71 25 219.71 18.31 238.02 0012622403 162.72 25 187.72 15.64 203.36 0012618708 198.52 25 223.52 18.63 242.15 0012622304 83.95 25 108.95 9.08 118.03 0012621306 01/20/2010 76.08 25 101.08 8.42 109.5 0012621900 77.6 25 102.6 8.55 111.15 0012502001 143.29 50 193.29 16.11 209.4 0012505509 304.1 25 329.1 27.43 356.53 0012504601 45.42 25 70.42 5.87 76.29 0012504700 46.05 25 71.05 5.92 76.97 0012516704 82.66 25 107.66 8.97 116.63 0012516803 12/17/2009 271.34 25 296.34 24.7 321.04 0012517207 39.21 25 64.21 5.35 69.56 0012511101 107.94 25 132.94 11.08 144.02 0012518908 111.65 25 136.65 11.39 148.04 0012530101 147.18 25 172.18 14.35 186.53 0010704401 114.95 50 164.95 13.75 178.7 0013200407 230.79 25 255.79 21.32 277.110013201009 52.1 25 77.1 6.43 83.53 0011620200 213.22 25 238.22 19.85 258.07 0012606901 138.15 25 163.15 13.6 176.75 0012605804 289.9 25 314.9 26.24 341.14 0012605507 07/22/2008 12.05 25 37.05 3.09 40.14 0012605408 151.73 25 176.73 14.73 191.46 0012607602 169.73 25 194.73 16.23 210.96 0012603106 81.38 25 106.38 8.87 115.25 0012604005 09/03/2009 131.45 25 156.45 13.04 169.49 0012604807 03/23/2010 68.76 25 93.76 7.81 101.57 0012907606 jaq 13c) 285.92 25 310.92 25.91 336.83 0012913000 444.49 25 469.49 39.12 508.610012912903 41.98 25 66.98 5.58 72.56 0012908604 01/29/2009 175.79 25 200.79 16.73 217.52 0012908901 43.95 25 68.95 5.75 74.7 0012909602 82 25 107 8.92 115.92 0012909503 65.43 25 90.43 7.54 97.97 0012909701 14.04 25 39.04 3.25 42.29 0012910501 03/02/2010 123.72 25 148.72 12.39 161.110012904504 387.98 25 412.98 34.42 447.4 0012904009 387.4 25 412.4 34.37 446.77 0012903001 223.33 25 248.33 20.69 269.02 0012902904 162.74 25 187.74 15.65 203.39 0012906004 03/20/2008 17.63 25 42.63 3.55 46.18 0012906301 197.02 25 222.02 18.5 240.52 0025103003 295.26 25 320.26 26.69 346.95 0025102104 71.62 25 96.62 8.05 104.67 0025113408 184.41 25 209.41 17.45 226.86 0025110008 99.96 25 124.96 10.41 135.37 0010108009 236.76 25 261.76 21.81 283.57 0010310605 353.55 25 378.55 31.55 410.10012227708 21.5 25 46.5 3.88 50.38 0038282406 224.4 25 249.4 20.78 270.18 0010705408 205.46 25 230.46 19.21 249.67 0012133500 528.92 25 553.92 46.16 600.08 0012133302 75.53 25 100.53 8.38 108.910012133401 626.79 25 651.79 54.32 706.110012134508 138.31 25 163.31 13.61 176.92 0023710601 231.18 25 256.18 21.35 277.53 0023711401 98.61 25 123.61 10.3 133.91 0038247300 258.42 25 283.42 23.62 307.04 0038247409 111.18 25 136.18 11.35 147.53 0011816303 331.65 25 356.65 29.72 386.37 0013246707 186.89 25 211.89 17.66 229.55 0011818606 262.28 25 287.28 23.94 311.22 0012307609 130.86 25 155.86 12.99 168.85 0012305801 24.67 25 49.67 4.14 53.810012816005 66.4 25 91.4 7.62 99.02 0012815700 90.27 25 115.27 9.61 124.88 0012815601 03/25/2010 339.51 25 364.51 30.38 394.89 0012824603 252.64 25 277.64 23.14 300.78 0012836102 160.9 25 185.9 15.49 201.39 0012836508 11/19/2009 137.21 25 162.21 13.52 175.73 0012833802 96.9 25 121.9 10.16 132.06 0038316808 10.8 25 35.8 2.98 38.78 0038318903 06/18/2009 76.96 25 101.96 8.5 110.46 0038315909 52.61 25 77.61 6.47 84.08 0024902405 50.57 25 75.57 6.3 81.87 0024300501 192.98 25 217.98 18.17 236.15 0024901605 269.93 25 294.93 24.58 319.510013103007 170.68 25 195.68 16.31 211.99 0013103304 71.54 25 96.54 8.05 104.59 0013175005 54.64 25 79.64 6.64 86.28 0024905705 115.81 25 140.81 11.73 152.54 0024905606 13c) 131 151.36 25 176.36 14.7 191.06 0024904609 388.55 25 413.55 34.46 448.010024905002 415.53 25 440.53 36.71 477.24 0025310202 219.07 25 244.07 20.34 264.410037818200 08/20/2009 76.65 25 101.65 8.47 110.12 0037816105 199.03 25 224.03 18.67 242.7 0037719804 89.81 25 114.81 9.57 124.38 0013115902 424.18 25 449.18 37.43 486.610013183207 180.8 25 205.8 17.15 222.95 0013152004 11/19/2009 227.07 25 252.07 21.01 273.08 0024101602 57.5 25 82.5 6.88 89.38 0011734308 99.26 25 124.26 10.36 134.62 0011730801 09/10/2009 75.37 50 125.37 10.45 135.82 0011741501 159.54 25 184.54 15.38 199.92 0011717006 60.88 25 85.88 7.16 93.04 0011716602 299.14 25 324.14 27.01 351.15 0025649203 03/25/2010 236.02 25 261.02 21.75 282.77 0025649401 89.51 25 114.51 9.54 124.05 0024333304 158.04 25 183.04 15.25 198.29 0024331100 145.09 25 170.09 14.17 184.26 0025710104 170.65 25 195.65 16.3 211.95 0025708306 107.91 25 132.91 11.08 143.99 0025707803 245.45 25 270.45 22.54 292.99 0024105108 383.84 25 408.84 34.07 442.910025305004 99.21 25 124.21 10.35 134.56 0024903601 23.88 25 48.88 4.07 52.95 0024903106 96.78 25 121.78 10.15 131.93 0024902801 257.01 25 282.01 23.5 305.510024902900 64.02 25 89.02 7.42 96.44 0024306805 87.76 25 112.76 9.4 122.16 0024308801 04/19/2007 141.08 25 166.08 13.84 179.92 0024308603 21.92 25 46.92 3.91 50.83 0024305302 146.46 25 171.46 14.29 185.75 0024313702 98.23 25 123.23 10.27 133.5 0024335002 113.75 25 138.75 11.56 150.310024333601 149.42 25 174.42 14.54 188.96 0024333908 611.54 25 636.54 53.05 689.59 0024333809 89.62 25 114.62 9.55 124.17 0024450504 342.16 25 367.16 30.6 397.76 0024322208 01/18/2007 17.01 25 42.01 3.5 45.510024325102 204.53 25 229.53 19.13 248.66 0024324501 412.42 25 437.42 36.45 473.87 0023102304 156.76 25 181.76 15.15 196.910023107105 192.86 25 217.86 18.16 236.02 0010208601 92.5 25 117.5 9.79 127.29 0010210607 46.09 25 71.09 5.92 77.010010210300 220.86 25 245.86 20.49 266.35 0010103604 221.84 25 246.84 20.57 267.410010108702 165.31 25 190.31 15.86 206.17 0010104305 349.73 25 374.73 31.23 405.96 0010109007 222.2 25 247.2 20.6 267.8 0023300908 100.44 25 125.44 10.45 135.89 0010400505 554.83 50 604.83 50.4 655.23 0036601508 & 0038337705 348.83 25 373.83 31.15 404.98 0038290003 131 13D 74.94 25 99.94 8.33 108.27 0015507205 210.6 25 235.6 19.63 255.23 0036107100 02/19/2008 178.07 50 228.07 19.01 247.08 0036107209 02/21/2009 62.26 25 87.26 7.27 94.53 0036108108 95.71 25 120.71 10.06 130.77 0036108900 122.99 25 147.99 12.33 160.32 0036109007 170.78 25 195.78 16.32 212.10036116705 543.29 25 568.29 47.36 615.65 0036115301 09/01/2009 47.32 25 72.32 6.03 78.35 0038333209 463.18 25 488.18 40.68 528.86 0013127808 275.96 25 300.96 25.08 326.04 0013128905 206.18 25 231.18 19.27 250.45 0024337305 51.27 25 76.27 6.36 82.63 0024905903 33.63 25 58.63 4.89 63.52 0024903908 85.74 25 110.74 9.23 119.97 0011309101 92.87 50 142.87 11.91 154.78 0011308418 106.2 25 131.2 10.93 142.13 0011308400 134.73 25 159.73 13.31 173.04 0011309606 76.8 25 101.8 8.48 110.28 0010712206 154.56 25 179.56 14.96 194.52 0038276507 11/19/2009 78.87 25 103.87 8.66 112.53 0011742806 56.17 25 81.17 6.76 87.93 0011743002 217.49 25 242.49 20.21 262.7 0010907111 230.86 25 255.86 21.32 277.18 0010905107 10.16 25 35.16 2.93 38.09 0010904506 113.74 25 138.74 11.56 150.3 0038203709 107.2 25 132.2 11.02 143.22 0038204806 106.74 25 131.74 10.98 142.72 0036900108 269.97 25 294.97 24.58 319.55 0023112006 03/06/2008 23.19 25 48.19 4.02 52.210025723602 195.29 25 220.29 18.36 238.65 0025642307 311.89 25 336.89 28.07 364.96 0013003900 172 25 197 16.42 213.42 0013004403 47.18 25 72.18 6.02 78.2 0013287404 37.23 25 62.23 5.19 67.42 0038242202 199.95 25 224.95 18.75 243.7 0038202008 39.32 25 64.32 5.36 69.68 0036143105 92.16 25 117.16 9.76 126.92 0036146207 285.42 25 310.42 25.87 336.29 0036803401 166.1 25 191.1 15.93 207.03 0036309508 128.89 25 153.89 12.82 166.710037010105 35.5 25 60.5 5.04 65.54 0037015104 335.04 25 360.04 30 390.04 0037018504 207.66 25 232.66 19.39 252.05 0037018702 307.84 25 332.84 27.74 360.58 0037019007 231.95 25 256.95 21.41 278.36 0036112589 256.21 50 306.21 25.52 331.73 0025200908 21.15 25 46.15 3.85 50 0024004301 158.52 25 183.52 15.29 198.810024006702 217 25 242 20.17 262.17 0024004806 95.34 25 120.34 10.03 130.37 0024005100 162.59 25 187.59 15.63 203.22 0024005209 11/05/2009 89.45 25 114.45 9.54 123.99 0024005803 251.5 25 276.5 23.04 299.54 0023215601 13D 03/11/2010 121.19 25 146.19 12.18 158.37 0036112639 126.78 25 151.78 12.65 164.43 0036112720 250.75 25 275.75 22.98 298.73 0013173505 101.95 25 126.95 10.58 137.53 0011732609 142.58 25 167.58 13.97 181.55 0011737509 10/02/2008 336.51 25 361.51 30.13 391.64 0011737202 89.85 25 114.85 9.57 124.42 0011735107 53.7 25 78.7 6.56 85.26 0011735206 12/11/2008 42.78 25 67.78 5.65 73.43 0011736600 81.56 25 106.56 8.88 115.44 0012107504 02/07/2008 91.57 25 116.57 9.71 126.28 0023912801 12/09/2009 148.04 25 173.04 14.42 187.46 0023912702 06/26/2007 148.77 50 198.77 16.56 215.33 0023912306 166.55 25 191.55 15.96 207.510013208400 196.49 25 221.49 18.46 239.95 0012833406 256.59 25 281.59 23.47 305.06 0010700300 168.41 25 193.41 16.12 209.53 0010701209 295.37 25 320.37 26.7 347.07 0010701001 62.45 25 87.45 7.29 94.74 0023109309 132.96 25 157.96 13.16 171.12 0023105109 364.22 25 389.22 32.44 421.66 0023103401 176.6 25 201.6 16.8 218.4 0037711603 156.82 25 181.82 15.15 196.97 0037706900 191.93 25 216.93 18.08 235.010023408313 293.95 25 318.95 26.58 345.53 0023408503 25.41 25 50.41 4.2 54.610024012700 04/02/2009 89.9 50 139.9 11.66 151.56 0024013302 162.36 25 187.36 15.61 202.97 0012243309 285.53 25 310.53 25.88 336.410012205001 302.27 25 327.27 27.27 354.54 0012244604 251.52 25 276.52 23.04 299.56 0038301701 180.37 25 205.37 17.11 222.48 0037200805 21.66 25 46.66 3.89 50.55 0037202405 271.96 25 296.96 24.75 321.710037203106 123.81 25 148.81 12.4 161.21 0037203007 575.89 25 600.89 50.07 650.96 0024204505 167.57 25 192.57 16.05 208.62 0024204406 01/04/2007 38.64 25 63.64 5.3 68.94 0024202301 83.06 25 108.06 9.01 117.07 0024202608 03/06/2008 71.08 25 96.08 8.01 104.09 0024203309 09/24/2009 209.78 25 234.78 19.57 254.35 0024207409 190.98 25 215.98 18 233.98 0024205007 164.21 25 189.21 15.77 204.98 0024205205 129.53 25 154.53 12.88 167.410024205502 113.44 25 138.44 11.54 149.98 0024206609 09/03/2009 179.88 25 204.88 17.07 221.95 0024205700 97.41 25 122.41 10.2 132.61 0024001208 244.21 25 269.21 22.43 291.64 0024002404 112.62 25 137.62 11.47 149.09 0024002503 05/28/2009 122.95 50 172.95 14.41 187.36 0013103700 03/15/2007 24.28 25 49.28 4.11 53.39 0015501802 136.96 25 161.96 13.5 175.46 0012430708 288.29 25 313.29 26.11 339.4 0012462008 178.54 25 203.54 16.96 220.5 0012436200 135 14 702.04 25 727.04 60.59 787.63 0036816601 131.65 25 156.65 13.05 169.7 0013155908 136.55 25 161.55 13.46 175.010013153705 180.71 25 205.71 17.14 222.85 0013155502 357.24 25 382.24 31.85 414.09 0013155304 04/01/2010 473.88 25 498.88 41.57 540.45 0013153101 306.45 25 331.45 27.62 359.07 0013152509 391.67 25 416.67 34.72 451.39 0012281101 118.61 25 143.61 11.97 155.58 0012280855 12/03/2009 151.18 25 176.18 14.68 190.86 0012237509 51.51 25 76.51 6.38 82.89 0012212304 11.44 25 36.44 3.04 39.48 0012211108 134.15 25 159.15 13.26 172.410025012600 112.73 25 137.73 11.48 149.210025013301 101.97 25 126.97 10.58 137.55 0025013004 51.82 25 76.82 6.4 83.22 0025001314 57.17 25 82.17 6.85 89.02 0025013806 102.89 25 127.89 10.66 138.55 0025014804 212.26 25 237.26 19.77 257.03 0025010307 165.04 25 190.04 15.84 205.88 0025007808 230.97 25 255.97 21.33 277.3 0010600500 85.74 25 110.74 9.23 119.97 0010600609 155.33 25 180.33 15.03 195.36 0036105617 02/16/2010 186.56 25 211.56 17.63 229.19 0036105005 05/03/2007 102.11 25 127.11 10.59 137.7 0010511905 40.6 25 65.6 5.47 71.07 0010511202 72.3 25 97.3 8.11 105.410010513901 107.33 25 132.33 11.03 143.36 0010514701 57.36 25 82.36 6.86 89.22 0011002607 202.02 25 227.02 18.92 245.94 0011003100 209.12 25 234.12 19.51 253.63 0011005907 12.96 25 37.96 3.16 41.12 0011003506 01/31/2008 74.58 25 99.58 8.3 107.88 0011005204 95.34 25 120.34 10.03 130.37 0011004801 109.58 25 134.58 11.22 145.8 0011007705 01/07/2010 116.34 25 141.34 11.78 153.12 0011014404 120.24 25 145.24 12.1 157.34 0011014206 44.25 25 69.25 5.77 75.02 0010507705 128.12 25 153.12 12.76 165.88 0010507903 112.24 25 137.24 11.44 148.68 0010508505 43.62 25 68.62 5.72 74.34 0010505709 71.38 25 96.38 8.03 104.410010505808 172.74 25 197.74 16.48 214.22 0038233904 44.95 25 69.95 5.83 75.78 0013185103 196.31 25 221.31 18.44 239.75 0024213209 14.58 25 39.58 3.3 42.88 0024216509 210.24 25 235.24 19.6 254.84 0024214504 63.45 25 88.45 7.37 95.82 0036305209 165.95 25 190.95 15.91 206.86 0036300507 112.2 25 137.2 11.43 148.63 0036302909 413.64 25 438.64 36.55 475.19 0036303402 262.74 25 287.74 23.98 311.72 0036723104 48.36 25 73.36 6.11 79.47 0036725505 42.89 25 67.89 5.66 73.55 0012108502 14 71.92 25 96.92 8.08 105 0012111704 91.91 25 116.91 9.74 126.65 0012109500 24.87 25 49.87 4.16 54.03 0012109708 182.26 50 232.26 19.36 251.62 0012110805 226.48 25 251.48 20.96 272.44 0012110706 134.15 25 159.15 13.26 172.410012110201 84.45 25 109.45 9.12 118.57 0012806808 91.23 25 116.23 9.69 125.92 0012806600 03/16/2010 137.16 25 162.16 13.51 175.67 0037017407 177.23 25 202.23 16.85 219.08 0037017308 73.54 25 98.54 8.21 106.75 0036602019 02/09/2010 22.62 25 47.62 3.97 51.59 0035505007 420.6 25 445.6 37.13 482.73 0038298402 257.72 25 282.72 23.56 306.28 0038298709 45.06 25 70.06 5.84 75.9 0013030200 03/25/2010 132.05 25 157.05 13.09 170.14 0012812301 142.57 25 167.57 13.96 181.53 0023800709 51.85 25 76.85 6.4 83.25 0023502305 336.62 25 361.62 30.14 391.76 0023502602 84.61 25 109.61 9.13 118.74 0023211600 97.1 25 122.1 10.18 132.28 0023211303 132.5 25 157.5 13.13 170.63 0023210107 109.98 25 134.98 11.25 146.23 0012644217 12/06/2007 11.22 25 36.22 3.02 39.24 0012639803 242.39 25 267.39 22.28 289.67 0010303303 310.04 25 335.04 27.92 362.96 0010306207 240.26 25 265.26 22.11 287.37 0010402501 130.82 25 155.82 12.99 168.810012435103 114.49 25 139.49 11.62 151.110012436705 216.06 25 241.06 20.09 261.15 0013149802 320.17 25 345.17 28.76 373.93 0013149703 206.64 25 231.64 19.3 250.94 0013240304 333.62 50 383.62 31.97 415.59 0025702309 163.85 25 188.85 15.74 204.59 0025505504 147.45 25 172.45 14.37 186.82 0025699703 176.03 25 201.03 16.75 217.78 0010503803 155.61 25 180.61 15.05 195.66 0010503704 323.4 25 348.4 29.03 377.43 0025718909 72.15 25 97.15 8.1 105.25 0023410616 15.48 25 40.48 3.37 43.85 0036611705 10/15/2009 71.81 25 96.81 8.07 104.88 0036612406 04/08/2010 64.14 25 89.14 7.43 96.57 0011515103 53.45 25 78.45 6.54 84.99 0011514908 174.59 25 199.59 16.63 216.22 0011515509 27.4 25 52.4 4.37 56.77 0036404705 199.1 25 224.1 18.68 242.78 0036404804 28.27 25 53.27 4.44 57.710036406114 96.05 25 121.05 10.09 131.14 0036406106 200.29 25 225.29 18.77 244.06 0036405710 248.52 50 298.52 24.88 323.4 0036405801 09/17/2008 183.93 25 208.93 17.41 226.34 0036405918 116.67 25 141.67 11.81 153.48 0036402600 08/26/2009 102.82 25 127.82 10.65 138.47 0036402105 83.33 25 108.33 9.03 117.36 0036401917 131 93.22 25 118.22 9.85 128.07 0036405306 28.89 25 53.89 4.49 58.38 0012808804 129.57 25 154.57 12.88 167.45 0012710703 108.95 25 133.95 11.16 145.110012712808 97.53 25 122.53 10.21 132.74 0023900509 122.51 25 147.51 12.29 159.8 0023900608 90.08 25 115.08 9.59 124.67 0023901200 04/26/2007 94.91 25 119.91 9.99 129.9 0023900707 280.53 25 305.53 25.46 330.99 0011506201 62.87 25 87.87 7.32 95.19 0011503505 76.08 25 101.08 8.42 109.5 0036513208 138.38 25 163.38 13.62 177 0036512309 339.02 25 364.02 30.34 394.36 0023410111 303.61 25 328.61 27.38 355.99 0023410509 2352.75 50 2402.75 200.23 2602.98 0089907805 & 0023409758 49 25 74 6.17 80.17 0036506301 70.05 25 95.05 7.92 102.97 0036504801 164 25 189 15.75 204.75 0036504900 12/18/2008 74.2 25 99.2 8.27 107.47 0036505709 02/11/2010 282.76 25 307.76 25.65 333.410037813607 08/06/2009 65.72 25 90.72 7.56 98.28 0037814605 251.93 25 276.93 23.08 300.010037710902 246.11 25 271.11 22.59 293.7 0012014205 154.35 25 179.35 14.95 194.3 0012013801 191.6 25 216.6 18.05 234.65 0012013702 192.12 25 217.12 18.09 235.210012016614 327.87 25 352.87 29.41 382.28 0024465908 221.99 25 246.99 20.58 267.57 0024465809 273.52 25 298.52 24.88 323.4 0011806007 154.24 25 179.24 14.94 194.18 0011807500 87.17 25 112.17 9.35 121.52 0012104808 236.76 25 261.76 21.81 283.57 0012104204 68.66 25 93.66 7.81 101.47 0012104501 09/25/2009 153.99 25 178.99 14.92 193.910012230108 297.98 25 322.98 26.92 349.9 0024606501 98.42 25 123.42 10.29 133.710024303703 271.22 25 296.22 24.69 320.910024303406 12/03/2009 24.66 25 49.66 4.14 53.8 0024302903 409.34 25 434.34 36.2 470.54 0012403408 04/09/2009 102.02 25 127.02 10.59 137.610011303211 09/15/2009 42.7 25 67.7 5.64 73.34 0011303203 528.99 25 553.99 46.17 600.16 0011303500 02/15/2007 90.54 25 115.54 9.63 125.17 0025201906 275.95 25 300.95 25.08 326.03 0025221409 357.33 25 382.33 31.86 414.19 0011804101 05/26/2009 391.7 25 416.7 34.73 451.43 0037504107 158.28 25 183.28 15.27 198.55 0012200507 09/02/2008 121.79 25 146.79 12.23 159.02 0025000100 235.88 25 260.88 21.74 282.62 0025002908 102.78 25 127.78 10.65 138.43 0025001306 08/27/2009 92.16 25 117.16 9.76 126.92 0025001405 08/19/2008 27.58 25 52.58 4.38 56.96 0012712907 266.12 25 291.12 24.26 315.38 0012704300 188.04 25 213.04 17.75 230.79 0012813002 131 (37 104.5 25 129.5 10.79 140.29 0012428108 245.69 25 270.69 22.56 293.25 0012430104 93.98 25 118.98 9.92 128.9 0012434007 228.27 25 253.27 21.11 274.38 0038292504 64.13 25 89.13 7.43 96.56 0036502409 98.99 25 123.99 10.33 134.32 0013285507 10/04/2007 120.22 25 145.22 12.1 157.32 0010301406 124.37 25 149.37 12.45 161.82 0010301703 10/13/2009 414.73 25 439.73 36.64 476.37 0038009403 31.49 25 56.49 4.71 61.2 0010603405 20.59 25 45.59 3.8 49.39 0011919107 87.09 25 112.09 9.34 121.43 0036200806 211.41 25 236.41 19.7 256.110038332706 42.39 25 67.39 5.62 73.010036205706 309.94 50 359.94 30 389.94 0038269510 & 0038269502 115.86 25 140.86 11.74 152.6 0012802807 73.11 25 98.11 8.18 106.29 0012222303 106 25 131 10.92 141.92 0013221908 513.29 25 538.29 44.86 583.15 0013221601 193.07 25 218.07 18.17 236.24 0013245204 145.9 25 170.9 14.24 185.14 0011119005 15.81 25 40.81 3.4 44.210012576500 06/04/2009 405.3 25 430.3 35.86 466.16 0011621604 230.04 25 255.04 21.25 276.29 0011620804 145.72 25 170.72 14.23 184.95 0012100400 167.57 25 192.57 16.05 208.62 0012100707 161.57 25 186.57 15.55 202.12 0010205409 81.38 25 106.38 8.87 115.25 0010203701 151.96 25 176.96 14.75 191.710010210201 181.67 25 206.67 17.22 223.89 0036401206 275.89 25 300.89 25.07 325.96 0013193909 83.87 25 108.87 9.07 117.94 0013270103 02/26/2009 100.01 25 125.01 10.42 135.43 0012810701 117.54 25 142.54 11.88 154.42 0023920002 09/17/2009 36.37 25 61.37 5.11 66.48 0023919400 364.82 25 389.82 32.49 422.310011200508 87.52 25 112.52 9.38 121.9 0011206703 55.92 25 80.92 6.74 87.66 0011203601 76.33 25 101.33 8.44 109.77 0011202900 193.5 25 218.5 18.21 236.710023511207 264.95 25 289.95 24.16 314.110023509904 581.45 25 606.45 50.54 656.99 0023506504 06/28/2007 162.58 25 187.58 15.63 203.210023508807 245.51 25 270.51 22.54 293.05 0023508708 211.37 25 236.37 19.7 256.07 0025400102 53.2 25 78.2 6.52 84.72 0013109301 337.99 25 362.99 30.25 393.24 0037611001 13.89 25 38.89 3.24 42.13 0037612702 258.38 25 283.38 23.62 307 0024109100 255.06 25 280.06 23.34 303.4 0012018305 229.85 25 254.85 21.24 276.09 0012822607 346.37 25 371.37 30.95 402.32 0012708707 106.19 25 131.19 10.93 142.12 0013238506 168.59 25 193.59 16.13 209.72 0023100605 (37 13�' 466.14 25 491.14 40.93 532.07 0010100105 116.84 25 141.84 11.82 153.66 0012701603 277.9 25 302.9 25.24 328.14 0013215405 16.08 25 41.08 3.42 44.5 0038267100 70.08 25 95.08 7.92 103 0037808904 12/03/2009 227.11 25 252.11 21.01 273.12 0037809100 113.97 25 138.97 11.58 150.55 0037400801 271.5 25 296.5 24.71 321.210037401403 55.08 25 80.08 6.67 86.75 0011910403 111.65 25 136.65 11.39 148.04 0010809416 51.07 25 76.07 6.34 82.410010808301 08/28/2008 506.9 25 531.9 44.33 576.23 0038289104 38.25 25 63.25 5.27 68.52 0038288908 448.39 25 473.39 39.45 512.84 0011305000 250.8 25 275.8 22.98 298.78 0012265302 03/25/2010 164.67 25 189.67 15.81 205.48 0012265807 83.99 25 108.99 9.08 118.07 0015511405 126.78 25 151.78 12.65 164.43 0012009304 125.96 25 150.96 12.58 163.54 0025694407 120.28 25 145.28 12.11 157.39 0025715608 109.06 25 134.06 11.17 145.23 0025716101 146.05 25 171.05 14.25 185.3 0013237706 120.45 25 145.45 12.12 157.57 0013237904 356.14 25 381.14 31.76 412.9 0023509003 79.02 25 104.02 8.67 112.69 0010408102 54.8 25 79.8 6.65 86.45 0023112907 119.01 25 144.01 12 156.01 0023112808 274.36 25 299.36 24.95 324.310023112402 68.08 25 93.08 7.76 100.84 0036306538 248.88 25 273.88 22.82 296.7 0012280673 361.98 25 386.98 32.25 419.23 0012280624 92.11 25 117.11 9.76 126.87 0038223004 07/28/2009 145.86 25 170.86 14.24 185.10025110602 208.24 25 233.24 19.44 252.68 0024100307 207.82 25 232.82 19.4 252.22 0012135703 111.97 25 136.97 11.41 148.38 0012135505 291.45 25 316.45 26.37 342.82 0025108507 143.24 25 168.24 14.02 182.26 0025108804 142.75 25 167.75 13.98 181.73 0013018908 170.06 25 195.06 16.26 211.32 0013002100 41.43 25 66.43 5.54 71.97 0013000906 70.37 25 95.37 7.95 103.32 0013015607 424.46 25 449.46 37.46 486.92 0013018007 103.93 25 128.93 10.74 139.67 0012107009 07/09/2009 84.45 25 109.45 9.12 118.57 0012304903 111.86 25 136.86 11.41 148.27 0012316303 09/12/2007 62.53 25 87.53 7.29 94.82 0012316006 149.09 25 174.09 14.51 188.6 0012313300 03/08/2007 46.05 25 71.05 5.92 76.97 0012312807 47.76 25 72.76 6.06 78.82 0012312500 120.16 25 145.16 12.1 157.26 0012312203 73.37 25 98.37 8.2 106.57 0012311809 99.46 25 124.46 10.37 134.83 0012310306 14.84 25 39.84 3.32 43.16 0012314605 13�' f3q 148.15 25 173.15 14.43 187.58 0012314506 200.93 25 225.93 18.83 244.76 0012316709 173.33 25 198.33 16.53 214.86 0012306809 344.95 25 369.95 30.83 400.78 0037114402 177.73 25 202.73 16.89 219.62 0037115409 705.43 25 730.43 60.87 791.3 0037116902 08/13/2008 85.75 25 110.75 9.23 119.98 0037108503 78.89 25 103.89 8.66 112.55 0037106606 34 25 59 4.92 63.92 0037104106 138.37 25 163.37 13.61 176.98 0036305902 79.45 25 104.45 8.7 113.15 0036307007 191.83 25 216.83 18.07 234.9 0036307908 501.13 50 551.13 45.93 597.06 0025660804 & 0025660812 09/08/2009 461.71 50 511.71 42.64 554.35 0024429110 & 0024428120 23.05 25 48.05 4 52.05 0010612307 228.52 25 253.52 21.13 274.65 0010612414 344.67 25 369.67 30.81 400.48 0012026209 73.63 25 98.63 8.22 106.85 0012027009 227.79 25 252.79 21.07 273.86 0012027108 190.44 25 215.44 17.95 233.39 0012007308 07/16/2009 289.02 25 314.02 26.17 340.19 0012008207 51.76 25 76.76 6.4 83.16 0036212900 174.15 25 199.15 16.6 215.75 0013234109 170.35 25 195.35 16.28 211.63 0013235809 244.06 25 269.06 22.42 291.48 0013259502 304.5 25 329.5 27.46 356.96 0013206909 586.69 50 636.69 53.06 689.75 0013287107 & 0013287008 08/02/2007 319.04 25 344.04 28.67 372.710012826806 326.39 25 351.39 29.28 380.67 0038209508 115.74 25 140.74 11.73 152.47 0037700200 129.82 25 154.82 12.9 167.72 0037701901 64.9 25 89.9 7.49 97.39 0038284600 2195.43 25 2220.43 185.04 2405.47 0038272803 74.35 25 99.35 8.28 107.63 0023810609 343.12 25 368.12 30.68 398.8 0036407104 253.65 25 278.65 23.22 301.87 0010201200 197.38 25 222.38 18.53 240.910010110807 12/11/2008 12.69 25 37.69 3.14 40.83 0010111409 142.13 25 167.13 13.93 181.06 0023308562 92.28 25 117.28 9.77 127.05 0023308554 131.44 25 156.44 13.04 169.48 0023308539 154.64 25 179.64 14.97 194.610023308547 50.6 25 75.6 6.3 81.9 0023505100 238.83 25 263.83 21.99 285.82 0023505605 306.93 25 331.93 27.66 359.59 0010401107 156.75 25 181.75 15.15 196.9 0010406601 175.81 25 200.81 16.73 217.54 0036144400 08/02/2007 168.69 25 193.69 16.14 209.83 0036144004 06/04/2008 118.5 25 143.5 11.96 155.46 0036607406 204.89 25 229.89 19.16 249.05 0036607901 42.63 25 67.63 5.64 73.27 0036606705 106.81 25 131.81 10.98 142.79 0025725300 344.81 25 369.81 30.82 400.63 0025724501 197.12 25 222.12 18.51 240.63 0037105103 f3q 07/19/2007 175.31 25 200.31 16.69 217 0036209401 197.43 25 222.43 18.54 240.97 0024007908 93.23 50 143.23 11.94 155.17 0024007700 308.17 25 333.17 27.76 360.93 0012241402 92.22 25 117.22 9.77 126.99 0013008008 15.44 25 40.44 3.37 43.810012318408 58.26 25 83.26 6.94 90.2 0012318002 50.89 25 75.89 6.32 82.210012316410 12/11/2008 155.81 25 180.81 15.07 195.88 0012302501 211.67 25 236.67 19.72 256.39 0012300604 209.91 25 234.91 19.58 254.49 0012827200 71.06 25 96.06 8.01 104.07 0012828208 218.33 25 243.33 20.28 263.610012832002 311.55 25 336.55 28.05 364.6 0013216205 286.55 25 311.55 25.96 337.510036607505 162 25 187 15.58 202.58 0024117004 01/07/2010 203.61 25 228.61 19.05 247.66 0024111908 301.26 25 326.26 27.19 353.45 0024108300 02/02/2010 232.95 25 257.95 21.5 279.45 0024104002 20.37 25 45.37 3.78 49.15 0025502600 107.83 25 132.83 11.07 143.9 0025502303 167.9 25 192.9 16.08 208.98 0025310988 214.66 25 239.66 19.97 259.63 0036702009 438.59 25 463.59 38.63 502.22 0036712701 178.37 25 203.37 16.95 220.32 0036726008 62.87 25 87.87 7.32 95.19 0036720605 183.32 25 208.32 17.36 225.68 0036720001 205.74 25 230.74 19.23 249.97 0036722304 111.47 25 136.47 11.37 147.84 0036709905 427.96 25 452.96 37.75 490.710013266408 171.84 25 196.84 16.4 213.24 0013266903 73.64 25 98.64 8.22 106.86 0013134804 485.58 25 510.58 42.55 553.13 0012035804 295.22 25 320.22 26.69 346.910012034708 187.02 25 212.02 17.67 229.69 0013274006 196.48 25 221.48 18.46 239.94 0013196100 428.15 25 453.15 37.76 490.910013195904 77.6 25 102.6 8.55 111.15 0013107305 223.18 25 248.18 20.68 268.86 0013107404 591.36 25 616.36 51.36 667.72 0012022802 316.5 25 341.5 28.46 369.96 0012022208 61.63 25 86.63 7.22 93.85 0036608602 139.94 25 164.94 13.75 178.69 0010309508 103.2 25 128.2 10.68 138.88 0010308807 276.63 25 301.63 25.14 326.77 0010402808 271.24 25 296.24 24.69 320.93 0010409407 62.04 25 87.04 7.25 94.29 0023102908 238.6 25 263.6 21.97 285.57 0037714607 98.71 25 123.71 10.31 134.02 0037716800 216.27 25 241.27 20.11 261.38 0037718509 204.66 25 229.66 19.14 248.8 0037717204 158.87 25 183.87 15.32 199.19 0012601209 95.25 25 120.25 10.02 130.27 0012611406 05/21/2009 451.31 25 476.31 39.69 516 0012611208 l� ALI 10.45 25 35.45 2.95 38.4 0012610309 171.52 25 196.52 16.38 212.9 0012608303 189.11 25 214.11 17.84 231.95 0012610002 10.77 25 35.77 2.98 38.75 0012609707 81.1 25 106.1 8.84 114.94 0012609509 103.94 25 128.94 10.75 139.69 0012608907 220.98 25 245.98 20.5 266.48 0010603108 65.61 25 90.61 7.55 98.16 0010602803 109.25 25 134.25 11.19 145.44 0010606309 182.75 25 207.75 17.31 225.06 0011715109 09/01/2009 198.95 25 223.95 18.66 242.610011715117 26.88 25 51.88 4.32 56.2 0011715406 03/02/2010 86.82 25 111.82 9.32 121.14 0010410405 182.36 25 207.36 17.28 224.64 0010105609 01/03/2008 185.61 25 210.61 17.55 228.16 0010101905 171.4 25 196.4 16.37 212.77 0010104602 94.38 25 119.38 9.95 129.33 0010102200 331.89 25 356.89 29.74 386.63 0011907052 739.77 25 764.77 63.73 828.5 0013265806 621.9 50 671.9 55.99 727.89 0038340501 & 0089907355 134 25 159 13.25 172.25 0013248406 153.5 25 178.5 14.88 193.38 0013248505 161.86 25 186.86 15.57 202.43 0013248109 93.21 25 118.21 9.85 128.06 0011915709 97.95 25 122.95 10.25 133.2 0011902301 324.68 25 349.68 29.14 378.82 0011909512 51.6 25 76.6 6.38 82.98 0011900305 214.42 25 239.42 19.95 259.37 0011901105 72.69 25 97.69 8.14 105.83 0011902202 02/04/2010 24.46 25 49.46 4.12 53.58 0036432607 124.37 25 149.37 12.45 161.82 0036432102 87.34 50 137.34 11.45 148.79 0036430908 90.39 25 115.39 9.62 125.010036430502 02/12/2009 45.93 25 70.93 5.91 76.84 0036430205 111.34 25 136.34 11.36 147.7 0037113800 234.88 25 259.88 21.66 281.54 0036205003 97.2 25 122.2 10.18 132.38 0036202604 152.15 25 177.15 14.76 191.910035500305 23.46 25 48.46 4.04 52.5 0035507607 48.15 25 73.15 6.1 79.25 0010906501 03/29/2007 143.91 25 168.91 14.08 182.99 0010903805 124.58 25 149.58 12.47 162.05 0023714009 186 25 211 17.58 228.58 0023713803 140.94 25 165.94 13.83 179.77 0012020806 71.84 25 96.84 8.07 104.910036232007 63.52 25 88.52 7.38 95.9 0036233146 12.36 25 37.36 3.11 40.47 0036232403 158.88 25 183.88 15.32 199.2 0036232809 72.24 25 97.24 8.1 105.34 0012625406 112.68 25 137.68 11.47 149.15 0012626008 92.3 25 117.3 9.78 127.08 0012629200 277.87 25 302.87 25.24 328.110012628202 142.28 25 167.28 13.94 181.22 0012627006 231.84 25 256.84 21.4 278.24 0012619706 ALI lye, 83.67 25 108.67 9.06 117.73 0012616405 12.8 25 37.8 3.15 40.95 0013184502 126.18 25 151.18 12.6 163.78 0012819900 13.46 25 38.46 3.21 41.67 0036146504 180.17 25 205.17 17.1 222.27 0036903508 191.29 25 216.29 18.02 234.310015513104 01/20/2010 406.63 25 431.63 35.97 467.6 0013224308 105.33 25 130.33 10.86 141.19 0037102902 302.9 25 327.9 27.33 355.23 0037103306 103.92 25 128.92 10.74 139.66 0012807301 151.75 25 176.75 14.73 191.48 0012203501 49.47 25 74.47 6.21 80.68 0036806701 09/30/2008 988.96 25 1013.96 84.5 1098.46 0013231204 198.35 25 223.35 18.61 241.96 0036909505 51.34 25 76.34 6.36 82.7 0037817301 111.24 25 136.24 11.35 147.59 0024704702 143.59 25 168.59 14.05 182.64 0012130407 289.59 25 314.59 26.22 340.810013112701 60.26 25 85.26 7.11 92.37 0013262308 07/02/2009 151.36 25 176.36 14.7 191.06 0011730504 31.36 25 56.36 4.7 61.06 0011729902 318.47 25 343.47 28.62 372.09 0011726908 128.87 25 153.87 12.82 166.69 0038262101 424.63 25 449.63 37.47 487.10037902921 185.9 25 210.9 17.58 228.48 0011724309 279.76 25 304.76 25.4 330.16 0011717303 201.22 25 226.22 18.85 245.07 0011723004 123.31 25 148.31 12.36 160.67 0011719804 314.02 25 339.02 28.25 367.27 0011720000 214 25 239 19.92 258.92 0012233805 33.26 25 58.26 4.86 63.12 0012231700 161.74 25 186.74 15.56 202.3 0037906401 32.17 25 57.17 4.76 61.93 0010706901 142.65 25 167.65 13.97 181.62 0089907005 159.17 25 184.17 15.35 199.52 0023913502 118.79 25 143.79 11.98 155.77 0023910300 237.27 25 262.27 21.86 284.13 0023909807 178.23 25 203.23 16.94 220.17 0023909609 79.71 25 104.71 8.73 113.44 0023806706 73.48 25 98.48 8.21 106.69 0025725805 140.63 25 165.63 13.8 179.43 0025724006 188.19 25 213.19 17.77 230.96 0011621802 258.29 25 283.29 23.61 306.9 0011624905 62.1 25 87.1 7.26 94.36 0013110002 02/04/2010 142.26 25 167.26 13.94 181.2 0013110101 176.07 25 201.07 16.76 217.83 0013119508 66.88 25 91.88 7.66 99.54 0089907245 207.1 25 232.1 19.34 251.44 0038201505 189.47 25 214.47 17.87 232.34 0038204004 329.32 25 354.32 29.53 383.85 0038202701 128.46 25 153.46 12.79 166.25 0012816807 292.66 25 317.66 26.47 344.13 0012816906 71.01 25 96.01 8 104.010037800406 142.6 25 167.6 13.97 181.57 0037705100 lye, 143 248.99 25 273.99 22.83 296.82 0012116000 223.17 25 248.17 20.68 268.85 0012117800 65.39 25 90.39 7.53 97.92 0012113700 305.43 25 330.43 27.54 357.97 0011704509 203.09 25 228.09 19.01 247.10011707502 101.6 25 126.6 10.55 137.15 0024314700 55.57 25 80.57 6.71 87.28 0024314809 141.21 25 166.21 13.85 180.06 0024316606 83.03 25 108.03 9 117.03 0024316903 226.31 25 251.31 20.94 272.25 0024318503 186.46 25 211.46 17.62 229.08 0024318701 73.83 25 98.83 8.24 107.07 0024318909 96.87 25 121.87 10.16 132.03 0024319709 123.46 25 148.46 12.37 160.83 0024310203 62.8 25 87.8 7.32 95.12 0024309106 132.9 25 157.9 13.16 171.06 0013131404 137.96 25 162.96 13.58 176.54 0013118401 357.05 25 382.05 31.84 413.89 0013122502 136.87 25 161.87 13.49 175.36 0013123104 193.39 25 218.39 18.2 236.59 0013122809 200.73 25 225.73 18.81 244.54 0023202609 195.47 25 220.47 18.37 238.84 0036408003 149.04 25 174.04 14.5 188.54 0036408029 211.63 25 236.63 19.72 256.35 0038260501 214.45 25 239.45 19.95 259.4 0038260808 10/08/2009 779.3 25 804.3 67.03 871.33 0038262804 818.34 25 843.34 70.28 913.62 0037005907 282.01 25 307.01 25.58 332.59 0038273009 183.39 25 208.39 17.37 225.76 0038225207 112.84 25 137.84 11.49 149.33 0012809901 83.11 25 108.11 9.01 117.12 0012214508 133.99 25 158.99 13.25 172.24 0012213104 390.34 25 415.34 34.61 449.95 0012214102 348.49 25 373.49 31.12 404.610012224200 224.17 25 249.17 20.76 269.93 0012221701 294.09 25 319.09 26.59 345.68 0012228102 381.78 25 406.78 33.9 440.68 0012228003 26.94 25 51.94 4.33 56.27 0012225504 07/16/2009 316.62 25 341.62 28.47 370.09 0012225702 03/03/2010 94.15 25 119.15 9.93 129.08 0012225603 404.16 25 429.16 35.76 464.92 0013179908 551.16 25 576.16 48.01 624.17 0013178603 42.2 25 67.2 5.6 72.8 0013178207 222.9 25 247.9 20.66 268.56 0037121803 87.9 25 112.9 9.41 122.310023704703 48.79 25 73.79 6.15 79.94 0023700206 124.49 25 149.49 12.46 161.95 0023700800 144.37 25 169.37 14.11 183.48 0023309503 93.77 25 118.77 9.9 128.67 0023309008 240.99 25 265.99 22.17 288.16 0038230603 117.19 25 142.19 11.85 154.04 0012215406 238.44 25 263.44 21.95 285.39 0012215703 78.81 25 103.81 8.65 112.46 0012215000 372.68 25 397.68 33.14 430.82 0012222501 143 296.77 25 321.77 26.81 348.58 0012223301 34.87 25 59.87 4.99 64.86 0037103108 273.44 25 298.44 24.87 323.310012016101 188.02 25 213.02 17.75 230.77 0012031407 219.83 25 244.83 20.4 265.23 0012031209 62.03 25 87.03 7.25 94.28 0012011805 259.27 25 284.27 23.69 307.96 0012011508 410.15 25 435.15 36.26 471.410036313609 157.47 25 182.47 15.21 197.68 0010805406 136.97 25 161.97 13.5 175.47 0010804805 100.22 25 125.22 10.44 135.66 0013011903 341.37 25 366.37 30.53 396.9 0013243209 10/10/2007 107.1 25 132.1 11.01 143.11 0011000809 252.25 25 277.25 23.1 300.35 0010501500 12/03/2009 98.02 25 123.02 10.25 133.27 0010502805 59.34 25 84.34 7.03 91.37 0011011202 72.4 25 97.4 8.12 105.52 0011010600 58.94 25 83.94 7 90.94 0012900502 211.58 25 236.58 19.72 256.3 0012900304 141.17 25 166.17 13.85 180.02 0012900106 398.97 25 423.97 35.33 459.3 0012907200 86.42 25 111.42 9.29 120.710013147608 1093.51 25 1118.51 93.21 1211.72 0024403008 126.29 25 151.29 12.61 163.9 0013187802 181.25 25 206.25 17.19 223.44 0013188107 154.95 25 179.95 15 194.95 0038243200 127.19 25 152.19 12.68 164.87 0012122206 148.11 25 173.11 14.43 187.54 0012122107 38.36 25 63.36 5.28 68.64 0012122404 268.34 25 293.34 24.45 317.79 0012121802 12/10/2009 89.68 25 114.68 9.56 124.24 0012122701 69.07 25 94.07 7.84 101.910012122909 93.97 25 118.97 9.91 128.88 0012120309 231.54 25 256.54 21.38 277.92 0012120408 130.45 25 155.45 12.95 168.4 0012118105 490.99 25 515.99 43 558.99 0013292107 05/21/2009 139.81 25 164.81 13.73 178.54 0011917002 633.16 25 658.16 54.85 713.010037904208 21.78 25 46.78 3.9 50.68 0035502608 185.2 25 210.2 17.52 227.72 0037004504 01/07/2010 112.25 25 137.25 11.44 148.69 0037004306 01/07/2010 16.93 25 41.93 3.49 45.42 0037004207 2065.79 25 2090.79 174.23 2265.02 0035500107 262.47 25 287.47 23.96 311.43 0024560104 159.23 25 184.23 15.35 199.58 0024511800 307.25 25 332.25 27.69 359.94 0024511909 137.58 25 162.58 13.55 176.13 0024516601 227.1 25 252.1 21.01 273.110024561805 286.58 25 311.58 25.97 337.55 0024521304 110.89 25 135.89 11.32 147.210024517302 148.94 25 173.94 14.5 188.44 0013136205 99.39 25 124.39 10.37 134.76 0013165808 317.03 25 342.03 28.5 370.53 0013189105 287.28 25 312.28 26.02 338.3 0013162607 14S- 698.2 25 723.2 60.27 783.47 0013124706 320.99 25 345.99 28.83 374.82 0012645305 191 25 216 18 234 0012645701 197.71 25 222.71 18.56 241.27 0012647806 41.88 25 66.88 5.57 72.45 0013219100 328.95 25 353.95 29.5 383.45 0013192000 153.52 25 178.52 14.88 193.4 0013191507 138.31 25 163.31 13.61 176.92 0013192505 12/17/2009 78.63 25 103.63 8.64 112.27 0012238705 375.72 25 400.72 33.39 434.110012239208 109.8 25 134.8 11.23 146.03 0012239307 149.68 25 174.68 14.56 189.24 0024602807 71.39 25 96.39 8.03 104.42 0024605206 102.07 25 127.07 10.59 137.66 0024804205 09/17/2009 108.18 25 133.18 11.1 144.28 0024811606 01/20/2009 185.14 25 210.14 17.51 227.65 0024809600 290.3 25 315.3 26.28 341.58 0038307302 332.48 25 357.48 29.79 387.27 0010833408 09/25/2008 122.17 25 147.17 12.26 159.43 0010803500 114.21 25 139.21 11.6 150.81 0010803609 67.68 25 92.68 7.72 100.4 0010803302 169.97 25 194.97 16.25 211.22 0010712503 60.92 25 85.92 7.16 93.08 0012915708 110.77 25 135.77 11.31 147.08 0025012105 11/12/2009 145.94 25 170.94 14.25 185.19 0025011404 211.23 25 236.23 19.69 255.92 0025011206 125.4 25 150.4 12.53 162.93 0024327702 47.08 25 72.08 6.01 78.09 0024328908 303.88 25 328.88 27.41 356.29 0036917003 180.11 25 205.11 17.09 222.2 0036912202 113.52 25 138.52 11.54 150.06 0038298006 177.06 25 202.06 16.84 218.9 0013264700 496.66 25 521.66 43.47 565.13 0013264908 183.48 25 208.48 17.37 225.85 0011100906 127.54 25 152.54 12.71 165.25 0011103306 05/01/2008 92.32 25 117.32 9.78 127.10011102902 102.98 25 127.98 10.67 138.65 0011118106 208.62 25 233.62 19.47 253.09 0011117405 13.1 25 38.1 3.18 41.28 0011117207 110.26 25 135.26 11.27 146.53 0011111903 07/10/2008 208.77 25 233.77 19.48 253.25 0011112000 105.89 25 130.89 10.91 141.8 0011111507 104.66 25 129.66 10.81 140.47 0011110806 125.67 25 150.67 12.56 163.23 0011126703 316.24 25 341.24 28.44 369.68 0011122306 78.26 25 103.26 8.61 111.87 0011122504 26.81 25 51.81 4.32 56.13 0011110301 140.71 25 165.71 13.81 179.52 0011105400 61.86 25 86.86 7.24 94.10011106408 56.33 25 81.33 6.78 88.110011107802 430.71 25 455.71 37.98 493.69 0038257903 212.36 25 237.36 19.78 257.14 0038004404 26.24 25 51.24 4.27 55.510038005500 97.95 25 122.95 10.25 133.2 0012647004 14S- 107.09 25 132.09 11.01 143.10024211203 134.22 25 159.22 13.27 172.49 0024210809 10/18/2007 141.65 25 166.65 13.89 180.54 0024210908 12/17/2009 174.43 25 199.43 16.62 216.05 0024210502 48.66 25 73.66 6.14 79.8 0024208605 50.06 25 75.06 6.26 81.32 0024209207 401.41 25 426.41 35.53 461.94 0036804003 190.25 25 215.25 17.94 233.19 0036801009 102.5 25 127.5 10.63 138.13 0036800803 66.87 25 91.87 7.66 99.53 0036606002 72.62 25 97.62 8.14 105.76 0036605905 281.92 25 306.92 25.58 332.5 0023406721 1290.59 25 1315.59 109.63 1425.22 0036611507 1107.02 25 1132.02 94.34 1226.36 0036611408 56.33 25 81.33 6.78 88.110012245205 296.95 25 321.95 26.83 348.78 0012213609 280.1 25 305.1 25.43 330.53 0023200306 wy Agenda Information Memo May 4, 2010 Eagan City Council Meeting PUBLIC HEARING F. CEDAR GROVE TRANSIT STATION (MVTA) RIGHT -OF -WAY VACATION ACTION TO BE CONSIDERED: Close the public hearing and approve the vacation of public right -of -way formerly known as Old Sibley Highway and Old Sibley Memorial Highway and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On February 26, 2010, City staff received a letter from Kim Donat of Best & Flanagan LLP, representing the Minnesota Valley Transit Authority and the Metropolitan Council, owners of the property, requesting the vacation of existing public right -of -way upon the property being platted as the Cedar Grove Transit Station, located west of the intersection of Cedar Grove Parkway and Nicols Road. • The right -of -way was originally part of State Highway 13 in two different locations previous to its current location. The state right -of -way was turned back to the City as upgrades of Highway 13 were constructed in revised locations and became segments of City streets Old Sibley Highway and Old Sibley Memorial Highway prior to the construction of the Cedar Avenue Freeway (Trunk Highway 77) in the early 1980's. • The segment of the Old Sibley Highway right -of -way is no longer used for any public purposes. The portion of the Old Sibley Memorial Highway accommodates existing public and private utilities. • The purpose of the request is to allow the Minnesota Valley Transit Authority (MVTA), in conjunction with the Metropolitan Council, to construct a new transit station along the edge of the Cedar Grove Redevelopment Area that will be a part of the Cedar Avenue Bus Rapid Transit Corridor. • The request would vacate the right -of -way, but reserve the drainage and utility easement for the existing and future utilities within Old Sibley Memorial Highway. All City rights to the Old Sibley Highway right -of -way would be vacated. • Notices have been published in the City's legal newspaper and sent to all potentially affected and /or interested property owners and utilities. Only one comment has been received to date from a gas company, but research determined that they have their own dedicated easement and no longer have any concerns regarding this proposed vacation. • The request has been reviewed by the Engineering Division and Attorney's office and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page. • Legal Descriptions & Graphics, pages through 10 R City of Eap Engineering Department Old Hwy. 13 Right -of -Way Vacation 1W ( MVTA Transit Station) Fig. 1 Old Highway 13 Right -of -Way Vacation Easement Legal Description Easement Parcel One: That part of Tract A described below: Tract A. The east 60 acres of the Northwest Quarter (NW '/4) of Section 19, Township 27 North, Range 23 West, Dakota County, Minnesota; which lies westerly of a line 50.00 feet westerly of and parallel with the east line of the Northwest Quarter of said Section 19, and within a distance of 112.5 feet on each side of Line 1 described below and easterly of Line 2 described below: Line 1: Beginning at a point on the north line of Section 19, Township 27 North, Range 23 West, distant 324.4 feet west of the northeast corner thereof, thence run southwesterly at an angle of 401 44' (measured from west to south) with said north section line for 4400 feet, and there terminating; Line 2: Commencing at the Southeast Corner of the Northwest Quarter of Section 19, Township 27 North, Range 23 West, thence on an azimuth of 271 degrees 14 minutes 17 seconds (assumed azimuth), for a distance of 50.01 feet, along the south line of said Northwest Quarter to Right of -Way Boundary Corner B405, as shown on State Highway Right of Way Plat No. 19 -4, thence continuing on an azimuth of 271 degrees 14 minutes 17 seconds along the south line of said Northwest Quarter for a distance of 193.43 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 352 degrees 23 minutes 44 seconds for a distance of 119.23 feet; thence northerly a distance of 1097.29 feet on a tangential curve concave to the east having a radius of 1437.88 feet, a delta angle of 43 degrees 43 minutes 27 seconds, and a chord azimuth of 14 degrees 15 minutes 27 seconds to a point on the east line of said Northwest Quarter of Section 19 and there terminating; said point being 26.41 feet northerly of Right of Way Boundary Corner B404 as shown on said Plat 19 -4; together with a triangular piece of land, being that part of Tract A described above, adjoining and northwesterly of the above described strip and southeasterly of the following described line: Beginning at a point on the northwesterly boundary of the above described strip, distant 150 feet southwesterly of its intersection with a line run parallel with a distant 33 feet west of the north and south quarter line of said section 19; thence run northeasterly to a point on said 33 foot parallel line, distant 150 feet north of said intersection; also together with a triangular piece of land, being that part of Tract A described above, adjoining and southeasterly of the first above described strip and northeasterly of the following described line: Beginning at a point on the southeasterly boundary of the first above described strip, distant 100 feet southwesterly of its intersection with a line run parallel with distant 33 feet west of the north and south quarter line of said Section 19; thence run southeasterly to a point on said 33 foot parallel line, distant 100 feet south of said intersection. 10 Right of Way of Parcel Two: That part of the Southwest Quarter of Section 19, Township 27 North, Range 23 West, Dakota County, Minnesota, lying westerly of a line 50.00 feet westerly of and parallel to the east line of the Southwest Quarter of said Section 19, easterly of "Line 1" described below and within a distance of 66.00 feet northwesterly of "Line 2" described below: Line 1: Commencing at the Southeast corner of the Northwest Quarter of Section 19, Township 27 North, Range 23 West, thence on an azimuth 271 degrees 14 minutes 17 seconds (assumed azimuth), for a distance of 50.01 feet along the south line of said Northwest Quarter to Right of Way Boundary Corner B405 as shown on State Highway Right of Way Plat No. 19 -5; thence continuing on an azimuth 271 degrees 14 minutes 17 seconds along the south line of said Northwest Quarter for a distance of 193.43 feet to the point of beginning of the Line 1; thence on an azimuth of 172 degrees 23 minutes 44 seconds for a distance of 284.47 feet, thence southerly a distance of 1046.17, on a tangential curve concave to the west having a radius of 3094.80 feet, a delta angle of 19 degrees 22 minutes 06 seconds, and a chord azimuth of 182 degrees 04 minutes 47 seconds to a point on the south line of the Northeast Quarter of the Southwest Quarter and there terminating, said point being 106.34 feet westerly of Right of Way Boundary Corner B25, as shown on State Highway Right of Way Plat No. 19 -5. Line 2: Commencing at the southeast corner of the Southwest Quarter of said Section 19 and 1731.30 feet distant along the south line of said Quarter; thence on an assumed azimuth of 359 degrees 53 minutes 52 seconds for a distance of 200.00 feet; thence on an azimuth of 89 degrees 53 minutes 52 seconds for a distance of 228.30 feet; thence on an azimuth of 44 degrees 52 minutes 40 seconds for a distance of 183.91 feet; thence on an azimuth of 359 degrees 51 minutes 27 seconds for a distance of 131.02 feet; thence on an azimuth of 89 degrees 51 minutes 27 seconds for a distance of 200.00 feet; then on an azimuth of 41 degrees 35 minutes 02 degrees for a distance of 512.14 feet, thence on an azimuth of 17 degrees 40 minutes 45 seconds for a distance of 599.30 feet; thence on an azimuth of 7 degrees 02 minutes 16 seconds for a distance of 395.97 feet; thence on an azimuth of 54 degrees 53 minutes 56 seconds for a distance of 105.00 feet to the point of beginning of the line to be described; thence on a prolongation of the last described line a distance of 643.42 feet to the east line of the Southwest Quarter of said Section 19 and there terminating. /5() r— NORTH PARCEL ONE ti i \\ , O 1 �Sy a i l \ 0 OR ppP Q O PARCEL TWO N U j CARNELIAN LN. L -- t] \ No Scale 3/9/2010 Old Hwy. 13 Proposed Vacation Fig. 2 City of Ea�a� � Engineering Department Agenda Memo May 4, 2010 Regular City Council Meeting VI. ORGANIZATIONAL BUSINESS A. Advisory Commission Appointments for 2010 -2011 ACTION TO BE CONSIDERED: To appoint members to the City Council's advisory commissions and Gun Club Lake WMO, with terms beginning in May 2010. FACTS: • Per the Council's direction, advisory commission appointments are made in April or early May of each year. • Advertising for the Commission vacancies takes place year- round, with an emphasis in recruitment from January — March. • This year, the commission vacancies were advertised on the City's website, Experience Eagan newsletter, local access cable television, and on the Mayor's Inside Eagan cable program. A notice was published in the Eagan Thisweek Newspaper, and they also ran a story about the new Energy and Environment Advisory Commission, which touched on the vacancies of the other standing commissions. • The original deadline for applications was March 31; however, the deadline was extended to April 14 in an effort to seek additional applicants to fill the vacancies. • There were 22 applicants this year. Of those 22 applicants, 18 attended their scheduled interview with the City Council on April 27.Two applicants were unable to attend the interviews, one applicant withdrew prior to the interview process, and one did not appear for his scheduled interview. • As a reminder, the City Council took formal action in March 2007 to change the length of Commission terms from 3 -year to 2 -year terms. • The City Council will be asked to vote via ballot, which will be distributed at the meeting. At the request of the Council, the voting will be done by commission in the following order: 1.) Energy and Environment Advisory Commission; 2.) Advisory Planning Commission; 3.) Airport Relations Commission; 4.) Advisory Parks and Recreation Commission. Also, a vote will be taken on the appointment to the Gun Club Lake Watershed Management Organization. • There are no statutory requirements pertaining to the number of commission members that can serve on an advisory commission, including planning commissions. • The League's Planning Commission Guide provides the following guidance on the number of commissioners to serve on a planning commission: "State statute does not specify how many commissioners a planning commission should have. As a result, the city ordinance should establish a reasonable number that reflects the needs of the city. An odd number is preferred to avoid tie -vote situations. Generally, cities appoint between five and nine individuals to serve as commission members." • Sections 2.50 and 2.51 of the Eagan City Code notes that the Council can appoint up to 7 members to serve 2 -year terms on advisory commissions (plus one alternate), which means that 15 O-Z it is the Council's prerogative on how many commissioners to appoint to each commission, provided the number of appointments does not exceed seven commissioners (8 including the alternate). Per the Council's Guidelines for Commission Appointment Policy, in the event of a stalemate after three rounds of voting on a specific Commission appointment, the Mayor shall have the authority to make the appointment of the specific term that resulted in the stalemate. The new Commissioners appointed tonight will receive a letter from the City, in which they will be invited to participate in a new commission member orientation with their commission staff liaison. Orientation packets will also be provided to new Commissioners. The orientation is an opportunity for the Commissioners to learn about the role of the advisory commissions, and it is also a chance for the new members to meet with their commission's staff liaison for more detailed information about the workings of their specific commission. A separate orientation will be held for the new Energy and Environment Commission prior to their first official meeting on June 8. The City Council has copies of all the applications, which were included in the binder that was distributed prior to the applicant interviews. Rather than duplicating all of the applications, the Council is asked to bring their interview binders to the May 4 City Council meeting. ATTACHMENTS: • Enclosed on pages through/kI are the advertising and announcements that were made regarding the advisory commission vacancies. • Enclosed on page 'K is a copy of the letter that was sent to each applicant prior to his /her interview with the City Council. • Enclosed on pages /(a and D3is a summary of the number of openings that exist on each advisory commission, which can be filled in b�-jthe Council as appointments are made. • Enclosed on pages, throughfa are the current commission rosters, which denote the terms of each commissioner. • Enclosed on pagesAD through � /71 are the attendance records from the 2009 -2010 Advisory Commissions. • Enclosed on page � is a REVISED summary of applicants' commission preferences based on the preferences voiced during the interviews. ,s -. ) Advisory Commissions Strengthen Community Most agree that good government requires a strong connection with citizens. In Eagan, the keys to that connection are an involved citizenry and a responsive City Council. One opportunity for Eagan citizens to get involved in their community is through service on a City Commission. Commission members assist the Mayor and City Council by investigating, researching and discussing certain areas of interest to them and to the community. The Eagan City Council currently appoints members of the public to four advisory commissions, including the Advisory Planning Commission. the Advisory Parks, Recreation and Natural Resources Commission, the Airport Relation Advisory Commission and the newly formed Energy and Environment Advisory Commission. The City Council also appoints the Gun Club Lake Watershed Management Organization members. Most commissions have ten members, appointed in staggered two -year terms. Applications are accepted from residents interested in serving on a commission throughout the year and as vacancies occur; however, a majority of appointments are made annually in April. Applications are now being accepted through March 31 from any resident interested in serving on a commission. Candidate interviews will be scheduled in early April. Commissions meet regularly every month or every two months — depending on the commission. Commission descriptions and general meeting schedules as well as applications are available on the City Web site at www. cityofeagan.com /Commissions. /S� zvJs�cp�,� Advisory Commission Openings The City of Eagan is accepting applications through March 31, 2010 for vacant positions on the City's Advisory Planning Commission; Advisory Parks Commission; Airport Relations Commission; Gun Club Lake WMO and the newly created Energy and Environment Commission. A number of appointments will be made by the City Council in late April. All applicants must complete an Advisory Commission Application and a Protected Information Form in order to be considered for appointment to a City Commission. Criminal background checks will be conducted on all applicants. Application forms and additional information are available at City Hall or on line at www.citvofeagan.com; or call 651 - 675 -5001. Press Releases Page 1 of 1 41 MY of Eap °`; ►, 8 Print 0 E-mail-Page Main Page / City Departments / Communications / Press Releases Cif News Release Archive Police & Fire__Release Archive I Parks & Recreation News Archive Search ► About Eagan Advisory Commission Applications Now Being Accepted ► Government Energy and Environment Commission ► City Departments On February 9, 2010, the Eagan City Council took action to formally create a new • Administration advisory Commission —the Advisory Energy and Environment Commission. The purpose of the Energy and Environment Commission will be to respond to the City's • Communications environmental goal by making recommendations to the City Council on local Newsletters Newsletter Subscriptions environmental sustainability and energy conservation strategies for the City's residents, Press Releases businesses, and municipal operations. The 8- member Commission will meet bimonthly Events Calendar (6 times per year) on the second Tuesday of the month at 7 p.m. in the City Council City Publications Chambers at City Hall. Eagan TV Technology Working Group Technology Survey All applicants interested in serving one or two year terms on this, or any of the other City Webcast Central Commissions are encouraged to fill out an application. Applications are due April 14, Web site 2010. (see descriptions for the Advisory Planning Commission, Airport Relations Communications contacts Advisory Commission, Advisory Parks & Recreation Commission or Gun Club Lake • Community Development Watershed Management Organization and an application form) Completed applications Engineering can be mailed or e- mailed to: Fire • Finance Mira Broyles, Administrative Secretary/Deputy City Clerk Lakes & Wetlands 3830 Pilot Knob Road • Parks & Recreation Eagan, MN 55122 • or Police mbroyles Dcityofeagan.com • Public Works • Recycling All advisory commission applicants will be interviewed by the City Council in late April, ► City Jobs and appointments to the Commissions will be made at a May, 2010 City Council ► City Services meeting. New commissioners will begin their terms in June, 2010. Please contact Mira Broyles at (651) 675 -5013 or mbroylesCa�cityofeagan.com if you have any ► Facilities questions about the advisory commission application process. ► Getting Involved Updated 4!23/2010 Back ► Community Links ► Contact Us ► Copyright Statement Videos Eagan Founders Day City of Eagan © 2004 /7 "f http://www.cityofeagan.com/live/news.asp?menu=2207&id=16633 4/23/2010 Commissions Page 1 of 3 aty Of i ► 1 4 � 1 (E� Print 0 E -mail Page Main Page / Government / Commissions Advisory Parks_ Commission I Airport Relations Commission Advisory Planning Commission_ Commission Application Watch Meetings Search ► About Eagan Advisory Commissions ► Government The Eagan City Council appoints several Commissions to advise on issues related to • Council & Mayor specific topics. The Commissions include the Advisory Planning Commission, the City Codes & Ordinances Advisory Parks Commission and the Airport Relations Commission. • Commissions Advisory Parks Commission Airport Relations Commission Advisory Commission Openings Advisory Planning Commission Interested residents are encouraged to apply for positions on the City's Advisory Planning Commission Application Commission, Advisory Parks Commission, Airport Relations Commission or the newly Watch Meetings formed (in 2010) Energy & Environment Advisory Commission. The same application is Elections /Voter Information also used for appointment consideration on the Gun Club Lake Watershed Management • State & Federal Officials Organization (WMO). • Form of Government • Glossary of Terms A number of appointments are made to each Commission and the WMO by the City Council in April each year and as specific Commission openings arise. Applications are • Licensing accepted year- round. Other Government Contacts • Public Documents Library All applicants must complete an Advisory Commission Application and a Protected Subscribe- Agendas & Minutes Information Form in order to be considered for appointment to a City Commission. ► City Departments Criminal background checks will be conducted on all applicants. ► City Jobs ► City Services ► Facilities 1, Getting Involved Advisory Parks Commission ► Community Links The Eagan Advisory Parks Commission is an eleven member citizen's commission ► Contact Us appointed by the City Council. The commission reviews all residential development ► Copyright Statement proposals for park dedication requirements, reviews recreational programs and activities and determines long -range planning objectives for park acquisition and development. The Commission meets monthly the Monday prior to the second City Council meeting at Videos 7:00 p.m. in the Council Chambers. If you have an item that should appear before the Commission, you may contact the Director of Parks and Recreation to coordinate. APrC Members Contact the Commission at: APrC(a)cityofeagan.com Harvest of Art Advisory Parks Commission Calendar Advisory Planning Commission The Advisory Planning Commission (APC) is made up of Eagan residents appointed by the City Council. This volunteer Commission serves as an advisory board to the City P I http:// www .cityofeagan.com/live /page.asp ?menu =2021 4/23/2010 Commissions Page 2 of 3 Council on development matters usually involving land use, zoning, and subdivision regulations. APC Members Contact the Commission at: APC(cDcityofeagan.com Advisory Planning Commission meetings are held, with few exceptions, the last Tuesday of the month at 6:30 PM in the City Council Chambers at the City Municipal Building, 3830 Pilot Knob Road. Workshops are scheduled for 5:30 PM the second Thursday of the month, dates and times are subject to change. For agendas and minutes please use our Events Calendar and choose category "Advisory Planning Commission Agendas "...or "Advisory Planning Commission Minutes" under the desired month. Public notices are posted in the Dakota County Tribune/This Week newspapers. For questions, concerns, and public contact information, call the Planning Division at (651) 675 -5685 or email APCO)cityofeagan.com Airport Relations Commission The City of Eagan has an active Airport Relations Commission (ARC) that serves as an advisory body to the Eagan City Council. The purpose of the 10- member Commission is to advise and make recommendations to the City Council on the issues of aircraft noise and airport policies that impact or have the potential to impact the community. As citizen volunteers, Commission members provide valuable insight into public perceptions of airport issues, which is communicated to the City Council, City staff, and the community at large. The ARC meets on the second Tuesday of each month at 7 p.m. in the City Council Chambers at the Eagan Municipal Center. All ARC meetings are taped and replayed on cable channel 16 at 9 a.m. on Tuesday mornings. The following dedicated citizens serve on the Eagan Airport Relations Commission: ARC Members Contact the Commission at: ARC(@cityofeacian.com For additional information about airport issues, including airport noise, please see Airport Noise Issues. If you are interested in serving on the ARC, please fill out a Commission application, which can be found at. For additional information about the Abort Relations Commission or airport issues in general, please contact Dianne Miller, Assistant to the City Administrator and staff liaison to the ARC, at (651) 675 -5014 or dmiller acityofeagan.com. For agendas and minutes please use our Events Calendar and choose category "Airport Relations Commission Agendas"... or "Airport Relations Commission Minutes" under the desired month. Energy & Environment Advisory Commission The purpose of this Commission is to respond to the City's environmental goal by making recommendations to the City Council on environmental sustainability and energy conservation strategies for the City's residents and businesses. The Commission is made up of 7 members (2 -year terms), 1 Alternate (1 -year term) "In the first year of operation, four people will be appointed to 2 -year terms and three people will be appointed to 1 -year terms in order to begin the staggered term process for future appointments. Ise http:// www .cityofeagan.com/live /page.asp ?menu =2021 4/23/2010 Commissions Page 3 of 3 Explore and recommend best practices for energy conservation for Eagan's residents and businesses Examine and recommend changes or enhancements in the City's purchasing, operations, vehicle fleet, and facility management to conserve energy and lower green house gas emissions. Evaluate and monitor the City's residential recycling program. Educate the public about energy issues, reductions, conservation, reuse, recycling, and environmental protection. Explore partnerships with utility companies and local businesses to promote energy reduction. Identify funding mechanisms and opportunities to fund the environmental and energy- saving recommendations being made to the City Council. Commission Meeting Schedule: Meet bi- monthly on the 2nd Tuesday of the month, 7:00 p.m. For additional infomation contact dmiller @cityofeagan.com City of Eagan © 2004 IS7 http://www.cityofeagan.com/live/page.asp?menu=2021 Back 4/23/2010 Thisweek Newspapers -�— � �� Y ��{' 4 ]b 1 Page 1 of 2 <1 - -[if X- UA- Compatible]> <I[endif] - -> Home > News > Eagan > City forms new commission on energy, environment City forms new commission on energy, environment Posted under Eagan on Wednesday 24 March 2010 at 5:08 pm Applications for all city commissions due March 31 by Erin Johnson Thisweek Newspapers The city of Eagan is seeking applications for its five advisory commissions, including a newly created commission that focuses on energy and the environment. The Eagan Energy and Environment Commission was established in February as part of the City Council's commitment to environmental sustainability and energy conservation, said Dianne Miller, assistant to Eagan's city administrator. The commission's duties will include recommending best practices for energy conservation for Eagan's residents and businesses; evaluating and monitoring the city's residential recycling program; educating the public about energy issues, and exploring partnerships with utility companies and local businesses to promote energy reduction. The commission will also be asked to identify ways to fund the environmental and energy - saving recommendations it makes to the City Council. Seven members and one alternate are needed to serve on the commission. During the first year of operation, four people will be appointed to two -year terms and three people will be appointed to one -year terms to begin the staggered -term process for future appointments. The Energy and Environment Commission will meet bimonthly (six times a year) at 7 p.m. on the second Tuesday of the month at City Hall. The city is accepting applications for all of its commissions through March 31. Other commissions with vacancies are the Advisory Planning Commission; Advisory Parks Commission; Airport Relations Commission; and Gun Club Lake WMO. Interviews with applicants will be conducted in April, and appointments will be made in May. All applicants must complete an application and a protected information form to be considered for appointment to a city commission. Criminal background checks will be conducted on all applicants. Application forms and additional information are available at City Hall or online at www.cityofeagan.com, or by calling (651) 675 -5001. 1100 http: / /www.thisweeklive. com/2010 /03 /24 /city - forms- new - commission -on- energy - environ... 4/28/2010 City of Ea�an Mike Maguire April 16, 2010 Mayor applications, 9 being from incumbents seeking reappointment. City Administrator Carol Whisnant 1882 Sunrise Court Paul Bakken interviewing all applicants for approximately 10 minutes each. Your scheduled Eagan, MN 55122 Cyndee Fields attend the interview at this time, please call me at 651- 675 -5013 or e -mail Gary Hansen Dear Carol: Meg Tilley City Council could decide to hold interviews on Monday, April 26' as well. Council Members Thank you for your interest in serving on an Advisory Commission for the City of Maintenance Facility Commission appointments are scheduled for consideration at the regular City 3501 Coachman Point Council meeting on May 4th. If you have any questions regarding the interview Eagan, MN 55122 or appointment process, please feel free to call. 651.675.5300 phone 651.675.5360 fax Sincerely, 651.454.8535 TDD Mira Broyles www.cityofeagan.com Administrative Secretary / Deputy Clerk The Lone Oak Tree The symbol of strength and growth in our community. /�l Eagan. There are currently 21 available positions. The City Council received 22 Thomas Hedges applications, 9 being from incumbents seeking reappointment. City Administrator The Mayor and City Council have scheduled a special meeting for the purpose of interviewing all applicants for approximately 10 minutes each. Your scheduled interview time is 6:20 p.m. on Tuesday, April 27th. Should you be unable to attend the interview at this time, please call me at 651- 675 -5013 or e -mail mbroyles n cityofeagaan.com. In the event we receive additional applications, the City Council could decide to hold interviews on Monday, April 26' as well. Municipal Center Should there be a change in your scheduled day and time, we will call you as soon 3830 Pilot Knob Road as possible. Eagan, MN 55122 -1 -810 651.675.5000 phone The meetings are scheduled to be held in the second floor conference room at the 651.675.5012 fax Municipal Center, 3830 Pilot Knob Road. When you arrive at the Municipal 651.454.8535 TDD Center, please park on the south side of the building and enter by the main door. Go upstairs and enter the Administration and Parks and Recreation area. Maintenance Facility Commission appointments are scheduled for consideration at the regular City 3501 Coachman Point Council meeting on May 4th. If you have any questions regarding the interview Eagan, MN 55122 or appointment process, please feel free to call. 651.675.5300 phone 651.675.5360 fax Sincerely, 651.454.8535 TDD Mira Broyles www.cityofeagan.com Administrative Secretary / Deputy Clerk The Lone Oak Tree The symbol of strength and growth in our community. /�l 2010 Advisory Commission Vacancies Energy and Environment Advisory Commission (EEAC) 2 -year Terms 1. 2. 3. 4. 1 -,year Terms 1. 2. 3. 1 -year Alternate 1. Advisory Planning Commission (APC) 2 -year Terms 1. 2. 3. 1 -year Alternate 1. Airport Relations Commission (ARC) 2 -year Terms 1. 2. 3. 1 -year Alternate 1. ho a Advisory Parks and Recreation Commission (APrQ 2 -year Terms 1. 2. 3. 1 -year Alternate 1. Gun Club Lake Watershed Management Organization (WMO) 3 -year Term 1. ENERGY AND ENVIRONMENT ADVISORY COMMISSION STAFF CONTACT: Dianne Miller, Assistant to the City Administrator Name Original Appointment Term Expires May 2010 Aril 2012 May 2010 Aril 2012 May 2010 Aril 2012 May 2010 Aril 2012 May 2010 Aril 2011 May 2010 Aril 2011 May 2010 April 2011 alternate May 2010 April 2011 * 10 year term limit Meetings: Second Tuesday of every other the month at 7:00 p.m. (odd months —Jan, March, May, July, Sep., Nov.) lam{ ADVISORY PLANNING COMMISSION May 2010 STAFF CONTACT: Mike Ridley, City Planner / Jon Hohenstein, Director of Community Development Name Original Appointment Term Expires Theodore Daley Aril 2009 Aril 2011 Mike Su ina Aril 2009 Aril 2011 Steven Chavez April 2004 Aril 2011 Nelson Mark Fili i May 2007 April 2011 Dana Keeley Aril 2005 Aril 2010 Peter Dugan Aril 2004 April 2010 Thomas Heaney May 2006 Aril 2010 Daniel Piper, alternate April 2009 April 2010 * 10 year term limit Meeting: Fourth Tuesday of the month at 6:30 p.m. I�S AIRPORT RELATIONS COMMISSION STAFF CONTACT: Dianne Miller, Assistant to the City Administrator Name Original Appointment Term Expires Curtis Aijets Aril 2005 Aril 2011 Steve Beseke Aril 2006 Aril 2011 Charles Thorkildson Aril 2009 Aril 2011 Daniel Johnson Aril 2009 Aril 2011 James Casper April 2008 Aril 2010 Carol Whisnant Aril 2008 April 2010 Chad Stambaugh Aril 2008 Aril 2010 Luke Johnson, alternate April 2009 April 2010 * 10 year term limit Meetings: Second Tuesday of every other the month at 7:00 p.m. (odd months —Jan, March, May, July, Sep., Nov.) lie ADVISORY PARKS AND RECREATION COMMISSION STAFF CONTACT: Juli Johnson, Director of Parks and Recreation Name Original Appointment Term Expires Bruce Goff Aril 2008 April 2011 Rebecca Aaning Aril 2009 Aril 2011 Phil Belfiori January 2002 Aril 2011 Laurie Halverson May 2006 April 2011 Jennifer Dahl uist May 2007 Aril 2010 Duane Hanson Aril 2004 April 2010 Thurston Anderson Aril 2008 April 2010 Michael Palmer April 2009 April 2010 * 10 year term limit Meetings: The Commission meets monthly the Monday prior to the second City Council meeting (usually the second Monday of the month) at 7:00 p.m. in the Council Chambers. ho GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION May 2010 STAFF CONTACT: Eric Macbeth, Water Resources Coordinator Name Original Appointment* Term Expires Jeff Sluiter 2004 April 2010 Jerry Engelke 2000 Aril 2011 Wayne Sames 2000 April 2012 Douglas Kniech (alternate) 2007 April 2012 Meeting: Four -five meetings per year on the third Wednesday of the month, 4 p.m. at Moonshine Park Retreat Center (20 10 meetings scheduled for the months of January, March, June, September, and December) *There are no term limits that apply to the Gun Club Lake WMO. �j ADVISORY PARKS COMMISSION 2009 -2010 MEETING SCHEDULE Sept Dec NAME May X = present O = absent O" = notified staff of absence prior to meeting Recreation Sub - Committee Natural Resources Sub - Committee Acquisition/ Development Sub - Committee UPCOMING MEETINGS: IV OPEN ISSUES: Sub - committee appointments (Sustainability /Green Initiatives) 18 Jun Tour only 20 No Mtg Aug 17 14 No Mtg Oct 19 Nov 16 14 No Mtg Jan 14 Thurs Feb 11 Thurs Mar 15 Apr 19 May y 17 Rebecca Aanning X X O" X X X O* X X Thor Anderson X X O* O* X X X X X Phil Belfiori, Chair X X X X X X X X X Jennifer Dahlquist X O* X X X O* O* X X Bruce Goff, Secretary X X X X X X O* X X Laurie Halverson, V Chair X X X X O* X X X O* Duane Hansen X X X X X O* O X X Michael Palmer (Alternate) O* 1 X O* X x X X X X LA X = present O = absent O" = notified staff of absence prior to meeting Recreation Sub - Committee Natural Resources Sub - Committee Acquisition/ Development Sub - Committee UPCOMING MEETINGS: IV OPEN ISSUES: Sub - committee appointments (Sustainability /Green Initiatives) Advisory Planning Commission Attendance Advisory Planning Commission Members May 2009 June 2009 July 2009 Aug 2009 Sept 2009 Oct 2009 Nov 2009 Dec 2009 Jan 2010 Feb 2010 Mar 2010 April 2010 Steven Chavez, Chair X A X X X X X X X X X X Ted Daley X X X X X X X X X X X X Peter Dugan X X X X A X X X X X X X Mark Filipi X X X X X X X X A X X X Thomas Heaney, Secretary X X X X X X X A X X X X Dana Keeley, Vice Chair A X A X X X X X A X X X Dan Piper (Alternate) X X X X A X X X A X X X Mike Supina X X X X A X X X X X X X X = present A = Absent 170 O° rl f/1 � N ONO O N 0 Q z uu// 2� H W WaU P4 M C w7 v ao 79 c 0 a C a �o N .o o N a a a a a a a a v0 �c a a w a a a a a N O �o a a a w a a a a N O o a a a a a a a a N og a a a a a a a a N O Zo w w a a w a a a N C N t- C y� a a w a w a a a o aN - o 3n L c 3n L c 3n L o 3o L o 3w L c 3rn L o 3n L c 3n no Za ZZz Zz tm Zz Z z� tm 2� 2ca a a a a a a a � N � A � N a a a e I°' w gap., 'o _° ° M C w7 v ao 79 c 0 a C a REVISED 2010 ADVISORY COMMISSION APPLICANTS' PREFERENCES *Incumbent on a City Advisory Commission X = Open to serving on commission and has no order of preference 17a APC ARC APrC EEAC WMO Daniel Piper* 1 Thomas Heaney* 1 John Weiser 1 3 2 Peter Dugan* 1 Carol Whisnant* 1 2 Chad Stambaugh* 2 1 4 3 Luke Olson* 1 Jennifer Dahl uist* 1 Michael Palmer* 3 1 2 Raymond Larson 1 Guillerimo Etienne 1 Kari Palmer 1 Bruce Goff* 1 Salman Mitha 2 1 Wade Olsen 1 Jeff LeClair X X X 1 Denise Bushover X X X 1 Andrew Jansma 2 1 Amir Nadav 2 1 James Casper* 3 2 4 1 Jeff Sluiter* 1 *Incumbent on a City Advisory Commission X = Open to serving on commission and has no order of preference 17a Agenda Information Memo May 4, 2010 Eagan City Council Meeting OLD BUSINESS A. ORDINANCE AMENDMENT - CHAPTER 3, "MUNICIPAL AND PUBLIC UTILITIES — RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS ", REGARDING DELINQUENT ACCOUNT PENALTIES ACTION TO BE CONSIDERED: • To approve an ordinance amendment to Chapter 3, "Municipal and Public Utilities -- Rules and Regulations, Rates, Charges and Collections ", Regarding Delinquent Account Penalties. FACTS: As a result of reviewing the delinquent utility billing certifications, the City Attorney's Office has suggested that the language in the City Code pertaining to delinquent utility accounts be changed to be referenced as a penalty and not as an interest charge. • The ordinance amendment also places the penalty rate of one and one -half percent (1.5 %) per month in the Code language. • These changes have no financial impact to the customers or to the City. ATTACHMENTS: Enclosed on pages and is a copy of the proposed ordinance amendment. /73 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THREE ENTITLED "MUNICIPAL AND PUBLIC UTILITIES —RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS" BY AMENDING SECTION 3.05, SUBD. 1, REGARDING DELINQUENT ACCOUNT PENALTIES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER I AND SECTION 3.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Three is hereby amended by changing Section 3.05, subd. 1, to read as follows: Sec. 3.05. Rules and regulations relating to municipal utilities. Subd. 1. Billing, payment and delinquency,. All municipal utilities shall be billed monthly or quarterly and a utilities statement or statements shall be mailed to each consumer. All utilities charges shall be deemed delinquent if they are unpaid at the close of business on the due date shown on the billing. lnterestA penalty shall be charged at the rate of 1.5 ^ °r^°„* Per- month on all delinquent balances. The penalty rate shall be one and one -half percent (1.5 %) per month. interestThe penalty charges shall be added to and become part of the delinquent balances. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 3.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen Its: City Clerk n4 By: Mike Maguire Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Agenda Information Memo May 4, 2010, Eagan City Council Meeting VIII. NEW BUSINESS A. CONDITIONAL USE PERMIT, VARIANCE AND FINAL PLAT — MINNESOTA VALLEY HUMANE SOCIETY ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow a kennel with an outdoor play area upon a portion of Lot 27, Lots 28 and 29, and Outlot A, Eagandale Center Industrial Park No.3, subject to the conditions listed in the APC minutes. To approve (OR direct findings of fact for denial) a Variance of 4'8" to the 40' front yard setback to permit a building expansion upon a portion of Lot 27, Lots 28 and 29, and Outlot A, Eagandale Center Industrial Park No.3, subject to the conditions listed in the APC minutes. To approve (OR direct findings of fact for denial) a Final Plat to combine three parcels and an outlot into one lot, upon a portion of Lot 27, Lots 28 and 29, and Outlot A, Eagandale Center Industrial Park No.3, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The Minnesota Valley Humane Society (MVHS) is proposing to relocate from the City of Burnsville, to the City of Eagan and occupy an 18,000 SF building. ➢ The property is zoned Limited Industrial (I -1) and surrounded by I -1 uses. ➢ Access is provided via two entrances from Apollo Road. The current access will be modified to a single access with the new construction. ➢ The existing building is located at the 40' required setback. Proposed building improvements include a new entry and minor addition, which would encroach into the setback and require a Variance. The aesthetic improvements bring the building further into compliance with the City's current exterior building materials standards. ➢ MVHS is proposing an outdoor play area for the animals, surrounded by an 8' fence. Outside kennels require a Conditional Use Permit in the I -1 zoning district. ➢ The existing building and associated off - street parking are located on separate lots, which is non - conforming to the ordinance requirements. A Final Plat would combine the building and required off - street parking onto one parcel. ➢ The Advisory Planning Commission held a Public Hearing regarding the proposed Conditional Use Permit, Variance and Final Plat on April 27, 2010 and is recommending approval. ISSUES: None l76 60 -DAY AGENCY ACTION DEADLINE: May 16, 2010 ATTACHMENTS (4: Location Map, pages Draft April 27, 2010 APC minutes, pWes through �� Planning Report, pages rg) through April 27, 2010 e -mail of support on page 11� Location Map Project Name: Minnesota Valley Humane Society Request: Conditional Use Permit Case No.: 11- CU- 05 -03 -10 Advisory Planning Commission April 27, 2010 Page 2 of 7 IV. PUBLIC HEARINGS New Business A. Minnesota Valley Humane Society Applicant Name: Minnesota Valley Humane Society Location: 951 Apollo Road; Lot 28, 29 & Outlot A, Block 3, Eagandale Center Industrial Park # 3 Application: Conditional Use Permit A Conditional Use Permit to a kennel with outdoor runs. File Number: 11- CU- 05 -03 -10 Application: Variance A Variance of approximately 4'8" to the 40' front yard setback. File Number: 11- VA- 02 -03 -10 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 21, 2010. She noted the background and history. Quinn Hutson, CNH Architects, representing the Humane Society, stated they were in agreement with the staff report and that he and the MVHS Executive Director were available for questions. 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. Member Filipi moved, Member Keeley seconded a motion to recommend approval of a Conditional Use Permit (CUP) to allow a kennel with an outdoor play area upon property located at 951 Apollo Road, legally described as part of Lot 27, Lots 28 and 29, all of Block 3, and Outlot A, Eagandale Center Industrial Park No. 3, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Inspection by the Animal Control Officer shall occur prior to opening. 3. The applicant shall maintain a current kennel license. 4. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 5. All signage is subject to City Code requirements. 6. The perimeter of the outdoor play area shall be secured with an eight -foot privacy fence per the Site Plan received March 31, 2010. 7. The outdoor play area shall have a roof and provide shade during the months of May through October as shown on the Site Plan received March 31, 2010. 8. The designated bathroom area for the animals shall be cleaned daily. 9. The applicant shall enclose the trash and /or recycling containers in an enclosure that meets City Code requirements. 10. The landscaping shall be installed by October 30, 2010, per the Landscape Plan received March 17, 2010. 11. The lighting shall be installed per the Photometric Plan received March 17, 2010. A vote was taken. All voted in favor. Motion carried 7 -0. Member Filipi moved, Member Heaney seconded a motion to recommend approval of a 4'8" Variance to the required front yard setback to allow a building expansion upon property located at 951 Apollo Road, legally described as part of Lot 27, Lots 28 and 29, all of Block 3, and �� Outlot A, Eagandale Center Industrial Park No. 3, subject to the following conditions: Advisory Planning Commission April 27, 2010 Page 3 of 7 1. The property shall be re- platted prior to the effectiveness of the Variance. 2. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 3. The addition shall be located per the Site Plan received March 31, 2010. Member Piper asked why the applicant is not required to comply with all of the building materials standards. Planner Thomas explained that the current building materials ordinance was established after the construction of the building. City Planner Ridley also explained that the code states that if an expansion of a non - conforming building exceeds 10,000 square feet or more than 50% of the building size, the building materials standards would apply. Member Piper stated in absence of the need to completely comply with standards, he will vote in favor of the proposed. A vote was taken. All voted in favor. Motion carried 7 -0. Member Supina moved, Member Keeley seconded a motion to recommend approval of a Final Plat to create one lot on approximately 1.41 acres located at 951 Apollo Road, legally described as part of Lot 27, Lots 28 and 29, all of Block 3, and Outlot A, Eagandale Center Industrial Park No. 3, subject to the following conditions: 1. This Final Plat shall be recorded at Dakota County within 60 days of approval by the City Council. 2. This development shall dedicate 5 -foot drainage and utility easements along all property lines and where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. Member Dugan welcomed the Human Society and stated he is pleased to see them in Eagan. A vote was taken. All voted in favor. Motion carried 7 -0. • PLANNING REPORT CITY OF EAGAN REPORT DATE: April 21, 2010 CASE: 11- CU- 05 -03 -10 11- VA- 02 -03 -10 11- FP- 01 -03 -10 APPLICANT: Minnesota Valley Humane Society HEARING DATE: April 27, 2010 PROPERTY OWNER: Paul Gonyea APPLICATION DATE: March 17, 2010 REQUEST: Conditional Use Pennit, Variance PREPARED BY: Sarah Thomas and Final Plat LOCATION: 951 Apollo Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of: • Conditional Use Permit (CUP) to allow a kennel with an outdoor play area • Variance of 4'8" to the required 40' front yard setback to allow a building expansion • Final Plat to combine three parcels and an outlot into one lot. The above requests pertain to property located at 951 Apollo Road, legally described as part of Lot 27, Lots 28 and 29, all of Block 3, and Outlot A, Eagandale Center Industrial Park No. 3. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11. 50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 7 Plamiing Report — Miimesota Valley Humane Society April 27, 2010 Page 2 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mayor importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use pennits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. Remu •i Planning Report — Minnesota Valley Humane Society April 27, 2010 Paae 3 b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other- properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. g. Whether the property for which the variance is requested is in compliance with the City Code. BACKGROUND /HISTORY The Minnesota Valley Humane Society (MVHS), currently located in a 10,000 square foot space in the city of Burnsville, was founded in 1981. According to the applicant's narrative, MVHS is, "...a regional not- for -profit organization with primary functions including shelter, adoption, education and community outreach to serve dogs, cats and other small companion animals." EXISTING CONDITIONS The 18,000 sq. ft., office /warehouse building was constructed in 1971. The majority of the building had been utilized as a warehouse and there is an approximate 3,000 sq. ft. office space within the building. The second story consists primarily of an open mezzanine. The parking lot is paved, but does not have curb and gutter. Two driveways currently access Apollo Road. The subject 1.4 acre site consists of two lots, a portion of a third lot and an outlot. A survey of the property identifies that the building is located on one parcel and the parking lot is located on two separate parcels. Parking is not allowed as a principal use on a property and a building must have the required off - street parking stalls located on the same lot. Therefore, the applicant has agreed to replat the property into one parcel to rectify the non- confonnity. SURROUNDING USES The site is surrounded on all sides by property zoned and guided for industrial uses. Planning Report — Minnesota Valley Humane Society April 27, 2010 Page 4 EVALUATION OF REQUEST Proposal — MVHS will occupy the entire 18,000 SF building. The square footage is divided into separate areas; approximately 25% for indoor kenneling and 25% for education classrooms. The remaining space includes a pet supply shop, animal health care rooms, customer service areas, offices and support functions. An outdoor play yard is proposed. According to the applicant's narrative, "the play yard will only be used by a couple dogs at a time for approximately 30 minute periods and will always be supervised by staff or volunteers." The play yard is surrounded by an 8' chain link fence and a permanent roof will provide the necessary shade, as required from May through October. Hours of Operation — Proposed hours of operation for the adoption services are noon to 6:00 p.m., Wednesday through Friday and 11:00 a.m. to 5:00 p.m. on Saturday. Education classes typically occur after 6:30 p.m. on evenings and on Sundays. Gradin Topog_rapby — The site has been previously graded and is open and relatively flat. Minor grading will be required to prepare the site for expansion of the parking lot with a building permit. Storm Drainage /Water Quality — Storm sewer of sufficient size and capacity was constructed with the original development of the site. The applicant is proposing to construct underground infiltration features to meet water quality requirements in accordance with City Code. Utilities — The building is connected to City sanitary sewer and water main services. No additional connections are proposed. Site Lighting — The Photometric Plan shows acceptable light levels with four parking lot lights, four light bollards in front of the building and five wall luminaires dispersed on the east side and rear of the building. The City Code requires that on -site lighting be provided as is necessary for security, safety and traffic circulation. The plans indicate the parking lot lights to be mounted on 20 foot poles, with a 3 foot base for an overall height of 23 feet. The lights are considered nighttime friendly, consistent with LEED goals and Green Globes criteria for light pollution reduction. Landscaping — The landscape plan is acceptable. Signage — Four signs are proposed on the property. The south elevation plan identifies a free standing sign and two building signs, both to be backlit. The north elevation also identifies a backlit, building sign. The applicant should obtain sign pen-nits and the signs should meet requirements in accordance with City Code. Igo Planning Report — Minnesota Valley Humane Society April 27, 2010 Page 5 Streets /Access — Public street access is currently available at two driveways onto Apollo Road along the south side of the site. The applicant proposes to remove one of the driveway accesses as part of the development. Animal Control Officer — The City's Animal Control Officer routinely conducts inspections of similar facilities, has reviewed this application and found the proposal to be satisfactory. The Animal Control Officer should conduct an inspection prior to opening at the new location. Variance The existing building is setback the minimum 40' from the south property line. The proposed 4'8 "' Variance to the front yard setback will allow for an architectural update to the building that includes a new entry and minor addition which will modernize the appearance and provide a visual break to the currently blank building fagade. These aesthetic improvements (massing and materials) will also work to bring the building further into compliance with the City's current exterior building materials standards. Final Plat Easements — This development shall dedicate 5 -foot drainage and utility easements along all property lines and where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as detennined necessary by engineering standards. Financial Obli ag tion — At this time, there are no pending assessments on the parcels proposed for the Final Plat. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow a kennel with an outdoor play area, a Variance to the front yard setback to permit a minor addition onto the building and a Final Plat to combine multiple lots into a single lot. The plat must be recorded prior to issuance of the CUP. Likewise, the plat must be recorded for the Variance to be in effect. A building pennit cannot be issued until the CUP and Final Plat have been recorded. ACTIONS TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow a kennel with an outdoor play area upon property located at 951 Apollo Road, legally described as part of Lot 27, Lots 28 and 29, all of Block 3, and Outlot A, Eagandale Center Industrial Park No. 3. If approved the following conditions shall apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 18S Ptaiming Report — Minnesota Valley Humane Society April 27, 2010 Pay *e 6 2. Inspection by the Animal Control Officer shall occur prior to opening. 3. The applicant shall maintain a current kennel license. 4. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 5. All signage is subject to City Code requirements. 6. The perimeter of the outdoor play area shall be secured with an eight -foot privacy fence per the Site Plan received March 31, 2010, 7. The outdoor play area shall have a roof and provide shade during the months of May through October as shown on the Site Plan received March 31, 2010. S. The designated bathroom area for the animals shall be cleaned daily. 9. The applicant shall enclose the trash and /or recycling containers in an enclosure that meets City Code requirements. 10. The landscaping shall be installed by October 30, 2010, per the Landscape Plan received March 17, 2010. 11. The lighting shall be installed per the Photometric Plan received March 17, 2010. To recommend approval of a 4'8" Variance to the required front yard setback to allow a building expansion upon property located at 951 Apollo Road, legally described as part of Lot 27, Lots 28 and 29, all of Block 3, and Outlot A, Eagandale Center Industrial Park No. 3. If approved the following conditions shall apply: 1. The property shall be re- platted prior to the effectiveness of the Variance. 2. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 3. The addition shall be located per the Site Plan received March 31, 2010. No Plamiing Report — Minnesota Valley Humane Society April 27, 2010 Page 7 To recommend approval of a Final Plat to create one lot on approximately 1.41 acres located at 951 Apollo Road, legally described as part of Lot 27, Lots 28 and 29, all of Block 3, and Outlot A, Eagandale Center Industrial Park No. 3. If approved the following condition shall apply: 1. This Final Plat shall be recorded at Dakota County within 60 days of approval by the City Council. 2. This development shall dedicate 5 -foot drainage and utility easements along all property lines and where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. UM Location Map '• L n cR T r• Rtl' .I T Lexington Park j ,Q5 DA Rd ' CIIK Rtl Map Area Extent' Subject Site rV - r DR z N O�� D Q� N North Park Park a L c 0 0 U M . _ ._ 28 COr41WY- NOr28YANKEE-DOODLE ftD:} -- - - - - -- Feet 0 500 1,000 2,000 Project Name: Minnesota Valley Humane Society Legend Request: Conditional Use Permit J•RI. i City Boundary Case NO.: 11- CU- 05 -03 -10 �,1 � parcels \\ Parks Buildings N j City of Eap Current Zoning and Comprehensive Guide Plan Land Use Map Minnesota Valley Humane Society Conditional Use Permit 11-CU-05-03-10 Zoning Map J1R1 QL� IND T 0. C.S.A.M. NO.26 (LONE OAK RD.) Location o*IL OAK RD.) Location ------- rV1 .0 D© .? C.S.A.H. NO.26 (LONE Current Zoning: Current Land Use Designation: IND Limited Industrial Limited Industrial IND T11H FND F- u7, Goo 0 Soo 1200 Foot imp O O F-1 .... . ......... vil Goo 0 Goo 1200 Foot O ea Comprehensive Guide Plan Land Use Map .fit AND IND C.S.A.M. NO.26 (LONE OAK RD.) 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I \ EXISTING CONDITIONS � � - - - - � �/� - - /�� } \ \ /�� \(� \ � ; }�� : \� \ }� ] -------- ---- \ \ \�/ /} \\ \ \ \: \ \� \ / \\ \\ \� \ \ � \\ / )�\ I V�, LANDSCAPE PLAN nh /moo v.� 3 m Z �G U) 6 v 3 i �Grrn U,� >� -f1'� fr j HOC D TZ�y�rn IT `IIT,D��oo�r �yCpz7, Ng -,,,I « �G° nrn� �> G rn�N`, >7R1> IT i° n Nom rnc.r Is, �� Z � rt a z =1 > > n�'��=r FT G IT y Jl��G —iC D C� rn T f'I T 6 n -1 r'1 D- 1l I -1 73 _ ;9 F7 u , y z v MVHS ° L1.1 Additiono & Remodel _ 951 Apolo Roa .M x-I I - I LIGHTING PLAN r 771 m m m _0 > Z . . . . -A MVHS Ell =^ Addition & Remodel Eagan MN Z -n Z S REVISIONS ' di On TT I o O o III¢III gg AMEMs— 'Z --.am- < C: 3 GRADING PLAN 'g s. ilia q MVHS Addition & Remodel C1 hi P I I A,— lR_1 Eagan I C7 A RQT REVISIOIS > 0 Relider & ASSOCIdles. I'll cNH F, u o ? gggF k' 9 pir, I r— (A 31 Ali 2r 4 1 'g s. ilia q MVHS Addition & Remodel C1 hi P I I A,— lR_1 Eagan I C7 A RQT REVISIOIS > 0 Relider & ASSOCIdles. I'll cNH F 1 x ' 1? I 23700 l5 O 1 237 00 1 I50°15'5 /,w _ ., 1 � S 1 - $ A� xk G R p _ 3 CI March 31, 2010 Minnesota Valley Humane Society - Addition & Remodeling Project Narrative This submittal is primarily a Conditional Use Permit application to allow indoor kenneling at 951 Apollo Road proposed to be the new home of Minnesota Valley Humane Society currently at 1313 Highway 13 in Burnsville. Minnesota Valley Humane Society is a regional not - for - profit organization with primary functions including shelter, adoption; education, and community outreach to serve dogs, cats and other small companion animals. The CUP is required since MVHS kennels the animals on site while they wait for placement into new homes. The indoor kenneling however only represents 25% of the space use within the building with another 25 housing the Canine U and Pet Owner education classrooms. The remainder of the space includes a pet supply shop, animal health care rooms, customer service areas, offices, and support functions. The expansion and remodeling of the building is scheduled to begin late this summer with completion and move to the site early 2011. The Minnesota Valley Humane Society was founded in 1981. During the first ten years, limited animal care was provided to a few hundred animals each year. In 1988, the first employee was hired —an executive director charged with raising funds. By 1989, demands for services had increased dramatically and the need for a permanent shelter facility became critical. With the help of dedicated volunteers, support from local individuals and businesses, the City of Burnsville, and a generous individual benefactor, funds were raised for the down payment and renovation of a building - -the former Burnsville city hall, police and fire station, originally built in 1967. In July of 1991, the Minnesota Valley Humane Society opened its doors at its present in Burnsville. MVHS struggled in its early shelter years, but has been growing at a fast clip since 1998, adding numerous programs and services, as well as increasing staff. MVHS has evolved into a leading animal care organization. Since 1991, they have found new homes for over 47,000 animals and maintain one of the highest adoption rates in the country placing approximately 2,500 pets into adoptive families each year. To provide this adoption process the building will have a customer lobby, adoption conference rooms, acquaintance rooms and, of course, the kennels, condos and suites holding the animals. In addition, much of the building supports the housed animals with an incoming desk, exam rooms to verify animal health, spay /neuter surgery room, food storage, kitchen, and laundry. The adoption services are currently open to the public Wednesday through Friday from noon to 6:00 pm and Saturday 11:OOamto5:00pm. MVHS believes education is essential in preventing animal cruelty and strengthening the bond between people and companion animals. As such, they offer numerous educational programs through their including Canine U classes including obedience training, help for behavioral issues, as well as educational programs for children and adults. The educational services will be housed in three classrooms which will CE MAR 3 12010 be used by all levels of dog training from puppy classes to multiple levels of training for adult dogs. Each class holds up to six dog / owner pairs. The building will also have storage, accessory supply sales, and lobby areas to support this education function. The education classes typically occur after 6:30 pm on evenings and on Sundays. This empty warehouse building and plain site will receive significant exterior upgrades including an entry addition and exterior design elements that enhance the visual impact of the structure and create a site that welcomes MVHS's customers from around the region. The existing building is constructed of painted single- scored concrete block with a painted corduroy block band near the top. The exterior remodeling will include small additions and planters with integrally colored decorative rockface concrete block at the base, stucco accent walls, prefinished metal accent bands, and significant expanses of glass curtainwall and punched windows. Since the existing warehouse is a simple rectangle with no variety in massing, the additions are designed to break -up the fagade and create interest as would be required by the City's architectural standards if this was a newly constructed building. While the existing painted CMU exterior would not meet the current exterior standards, all new materials are Class I to Class III raising the compliance percentages significantly. The site will also receive major improvements as part of Minnesota Valley Humane Society's move to this location. The current asphalt parking lot will be reworked providing curb and gutter which currently does not exist, new asphalt will be provided at all areas including where the grade will be raised to eliminate the dock entrance. Significant new landscaping will be added to provide interest and shade to the existing non - landscaped site. A dumpster enclosure will be added to the northeast corner of the building behind which is a fenced in dog exercise area. This play yard will only be used by a couple dogs at a time for approximately 30 minute periods and will always be supervised by staff or volunteers. The fence will be 8 foot high as needed to ensure the largest dogs are not able to jump the enclosure. The property is zoned 1 -1 Limited Industrial as is all property within many block in all directions including office /warehouse buildings, manufacturing sites, and distribution centers. The MVHS use is compatible with the 1 -1 zoning with the kenneling allowed by Conditional Use Permit. The property is likewise designated for Industrial in the Comprehensive Guide Plan which is also compatible with the proposed use. The property currently consists of two lots and an outlot which the Owner is cleaning up into a single lot as recommended by planning staff resulting in the replatting process also being submitted at this time. This final plat process not only allows for the elimination of the nonconforming situation of having the existing building sit on two lots, but also provides the opportunity to create easements for the private utility lines running through the lot serving the property to the north. While this replat will have no physical impact on the project, it will create a better property situation with a single lot and appropriate easements. Finally, a variance is being requested as part of this submittal. This variance is to allow for the new entry and front massing additions to extend 4' -8" past the 40' -0" front building setback line. There are two small additions totaling 30' -8" of frontage that extend this small amount into the setback as well as two planters 2' -0" in height. The sole purpose of this minor encroachment is to be able to visually breakup the totally blank facade of existing building, creating interest through use of multiple planes and a variety of materials. Since the existing Ubilding was built right on the property line, there is no opportunity to develop these aesthetic improvements without the minor variance. This variance will benefit the city and neighboring properties by improving the aesthetics of the building along this front facade while still maintaining 88% of the required setback distance. The parking for this facility has been reviewed with a total of 46 stalls provided on the site. This is ten more stalls than required per the discussion with planning staff as shown on the site analysis table. MVHS is confident that the 46 stalls will be sufficient for their operations. During the peak weekend hours, there are typically no more than 8 to 10 customer groups for adoption services. The maximum staff shift is the daytime total of 12 employees and 10 volunteers; however the evening total drops to 5 employees and a maximum of 4 volunteers. Finally, the education classrooms if simultaneously occupied will represent a maximum of 18 pet owner groups, but these classes are held during the evening when staff and volunteer levels are reduced and the adoption services are closed to the public. The resulting totals provide for a maximum daytime load of 42 cars and an evening maximum load of 27 cars. In both situations, there is additional parking lot capacity. There are no annual special events currently held at the building and none planned for the new site that would result in greater parking needs. In summary, the approvals that are being requested by the Minnesota Valley Humane Society will bring a valuable community service to this Eagan site along with thousands of MVHS's customers. The building and site will receive significant building improvements, landscaping and general visual upgrades. The MVHS operations will fit well into this neighborhood with its kenneling functions fully housed within the interior of the building. The revised plat will create a single lot as appropriate for a single building and covers the existing private utilities crossing the property with an easement. Finally, the variance to the front building setback will provide the opportunity to improve a very plain existing warehouse facility. ,REC EIVE Fi MAR I 90 j[i Sarah Thomas From: Mike Ridley Sent: Tuesday, April 27, 2010 1:19 PM To: Steve Chavez; 'Dugan, Peter @ Minneapolis'; 'Dana Keeley'; 'Tom Heaney'; 'Mark Filipi'; 'Theodore J. Daley, CPA, MBA'; 'Piper, Dan'; 'Supina, Michael' Cc: Jon Hohenstein; Pam Dudziak; Sarah Thomas; Julie Strid Subject: FW: Minnesota Valley Humane Society FYI From: Blueskyideas @aol.com [mailto:Blueskyideas @aol.com] Sent: Tuesday, April 27, 2010 1:14 PM To: APC Subject: Minnesota Valley Humane Society Dear Chair Chavez, Vice Chair Keeley and planning commission members, My work schedule prevents me from attending your meeting tonight. I wish to express my support for the Conditional Use Permit, Variance, and Final Plat in regard to the Minnesota Valley Humane Society coming to Eagan. I have been a resident of Eagan for over 18 years. One of the many reasons I live here and raise my family here is because of the community connectedness and resources. I am very much in support of the Humane Society becoming an important part of Eagan. I am familiar with the Humane Society as a former board member, occasional volunteer and customer. I can attest to the effective leadership, educational offerings for pet owners and the community at large, and value to the public provided by the exemplary staff Thank you for your consideration. Sincerely, Rita Younger, 2930 Burnside Avenue, Eagan MN 55121 1ita Younger Blue Sky Ideas 651 - 687 -9624 a� Agenda Information Memo May 4, 2010, Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT — PROPERTY CLAIM SOLI MONS ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for denial) a Planned Development Amendment to allow outdoor storage of company pick -up trucks and one trailer upon the property at 2005 Pin Oak Drive, legally described as Lot 1, Block 1, Rahn Ridge 2nd Addition. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The property is zoned PD, Planned Development ➢ The PD designates the property for LB, Limited Business, uses. ➢ LB zoning does not permit outdoor storage, however, PD zoning permits greater flexibility. ➢ The site contains an existing 11,500 s.f office building constructed in 1996. ➢ The property was recently purchased by Nysmith, LLC. Property Claim Solutions is a new tenant in the building, occupying approximately 7,500 s.f. ➢ The trucks are pick -up trucks and occupy a standard size parking stall. ➢ The trailer appears inconsistent with the character and location of the site. ➢ Satisfies 3 of 6 performance standards. ➢ The acceptability of this proposal is a policy matter to be determined by City officials. ➢ The APC held a public hearing on April 27, 2010 and recommended approval on a 6 -1 vote. ISSUES: ➢ The APC action to recommend approval of the outdoor storage is for the commercial pick -up trucks only, and excludes the trailer. ➢ Per the landscape ordinance, suggested additional landscaping would consist of both deciduous and evergreen shrub materials approximately 3' - 4' in height, achieving a minimum of 75% opacity at maturity. 60 -DAY AGENCY ACTION DEADLINE: June 4, 2010 ATTACHMENTS (3): Location Map, pagesi�,6_7 through Draft April 27, 2010, APC minutes, pages througho2M Planning Report, page_ through Location Map L r - o J J L.— 0 Rd�j y r• Yankee Doodle RdI N °LE ° sN >LE L Pl °_ Meadowlan 1 Highline Trail lchff Rahn Athletic Park +• - CLIIV ' i Ef L E .. Map Area Extent Rahn Park 8 e Park F ake O NE j P ?K CP -- -- —_.. OUNTY -. ---STATE-- --AID .. _L'F: 11 Subject Site P �� Nrr1'-, F- o �� o � vrt1 „rlc ue u 3 y. 9 Kett le Park Q �1r J - KING-1 PD �,S I Lebanon Hills Regional Park Feet 0 500 1,000 2,000 Project Name: Property Claim Solutions Legend Request: PD Amendment ,ut;'m Case No.: 31- PA- 04 -03 -10 16.11,i City Boundary Parcels \ Parks Buildings N City of Eap 1:;107 Advisory Planning Commission April 27, 2010 Page 4 of 8 B. Property Claim Solutions Applicant Name: Property Claims Solution Location: 2005 Pin Oak Dr; Lot 1, Block 1, Rahn Ridge 2nd Addition Application: Planned Development Amendment A Planned Development Amendment to allow overnight parking of 6 commercial vehicles and a trailer. File Number: 31- PA- 04 -03 -10 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 21, 2010. She noted the background and history. Nathan Smith, Property Claim Solutions, stated he was in agreement with the staff report and available for questions. 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. Member Daley stated concern with the reduction of 10 parking stalls from the original plan Member Filipi stated concern with the apparent conflict between screening and security problems created by the screening requirements. Member Supina stated the vehicle storage will appear to be parking, requiring less security. He stated the trailer would not appear as parking and likely would need a higher level of security. Member Keeley stated the action to be considered in the staff report speaks to the trailer, however the conditions of approval do not. Member Heaney suggested removing the words "and one trailer" from the recommended action. Member Keeley asked for clarification of the balance between screening and security. Planner Dudziak explained that the goal is to provide a visual buffer between the outside storage and the right -of -way, while maintaining some visibility of the area for security. Member Supina stated satisfaction with the vehicle storage on the parking lot provided the trailer is excluded. Member Heaney moved, Member Daley seconded a motion to recommend approval of a Planned Development Amendment to allow outdoor storage of company pick -up trucks ald ORe trailer upon property located at 2005 Pin Oak Drive, legally described as Lot 1, Block 1, Rahn Ridge 2nd Addition, subject to the following conditions: 1. A Planned Development Amendment Agreement shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The outdoor storage shall be located in designated storage areas as indicated on the Site Plan received March 17, 2010 Advisory Planning Commission April 27, 2010 Page 5 of 8 3. Additional landscaping shall be installed by June 30, 2010 to provide screening and soften the views of the storage items from the right -of -way. The applicant shall submit a landscape plan for approval by City Staff prior to installation. 4. Outdoor storage shall be limited to standard sized pickup trucks or passenger vehicles. Member Filipi stated he did not believe the proposed storage was compatible with the surrounding area, because of the LB designation within the PD Chair Chavez explained that there are different types of storage and the light -duty trucks look like parking. He added that screening is helpful when attached to a building; however in this case because the storage is located in the front yard, additional screening may impose security issues. Member Supina stated he is not concerned with the reduction in parking stalls when used for storage of vehicles. Member Heaney indicated the trailer will not blend in with other vehicles in the area. Chair Chavez explained that there is no permanent loss of parking, reallocated the spaces reallocated for storage will allow parking during the day and storage of vehicles over night, during non - business hours. Member Keeley and Member Dugan agreed additional landscaping between the street and the storage area to soften views made sense and were comfortable with having staff sign off on the revised plan. A vote was taken. Aye: Chair Chavez, Members Dugan, Keeley, Supina, Heaney, and Daley. Nay: Member Filipi Motion carried 6 -1. Member Heaney moved, Member Daley seconded a motion to recommend denial of outside storage for the one trailer as part of the Planned Development Amendment. Member Supina explained that the reason for denial is described best by the following excerpt from the staff report: The storage or parking of the standard sued pickup trucks will be similar to the other passenger vehicles that occupy the parking lot on a daily basis; however, storing the commercial trailer does not appear to be appropriate given the character and location of the site. For this reason, staffsuggests the trailer- be stored within the building or in a dl fferent location Off the site. A vote was taken. All voted in favor. Motion carried 7 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 21, 2010 APPLICANT: Property Claim Solutions PROPERTY OWNER: Nysmith, LLC REQUEST: Planned Development Amendment LOCATION: 2005 Pin Oak Drive COMPREHENSIVE PLAN: O /S, Office Service ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 31- PA- 04 -03 -10 HEARING DATE: April 27, 2010 APPLICATION DATE: April 5, 2010 PREPARED BY: Pamela Dudziak The applicant is requesting approval of a Planned Development Amendment to allow outdoor storage of company pick -up trucks and one trailer upon property located at 2005 Pin Oak Drive, legally described as Lot 1, Block 1, Rahn Ridge 2nd Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 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 affinnative vote of two - thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND /HISTORY The subject site was originally a part of the Mission Hills South Planned Development (approved June 1977 for a tern of 15 years) that consisted of mixed residential and commercial land uses. The southern portion of the PD consists of single family and duplex development. In 1985, the City Council approved the Rahn Ridge preliminary plat for the Cedar Ridge Church and 25 duplex lots; the remaining undeveloped property within the PD which includes the subject site was designated for LB, Limited Business, uses. Q10 Planning Report — Property Claim Solutions April 27, 2010 Page 2 In May of 1996, an amendment to the Mission Hills South PD was approved which resulted in the construction of this 11,500 s.f. office building. The site remains zoned PD. The building was recently purchased by Nysmith, LLC. Property Claim Solutions occupies approximately 7,500 s.f. of the building and leases the remainder to two other tenants. SURROUNDING USES EXISTING CONDITIONS The property is developed with a one - story 11,500 sq. ft. office building. The building contains two overhead doors on the northwest corner which access indoor storage space. The site shares a driveway access onto Rahneliff Road with the hotel to the north, and has a second driveway access from Pin Oak Drive to the south. The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The applicant is proposing outdoor storage upon six parking stalls for parking of five commercial use vehicles and one trailer. The proposed location is in the existing parking lot on the east side of the property. The narrative states: "The space being requested is a vital space for the storage of our trucks and one trailer. The company trucks are used by our Quality Control Techs who supervise our crews. No valuables or materials are stored in these tricks. The trailer is used during large jobs and is used to store items such as signs, roofing accessories, and sample boards." The storage space provided within the building is occupied by another tenant, Hedlund, for storage of "tools, materials and two work tricks." Property Claim Solutions also uses the indoor storage space for "extra material from job sites, which cannot be stored outside." all Existing Use Zoning Land Use Designation North Extended stay hotel PD RC, Retail Commercial East Restaurant (Green Mill) PD, Planned Development RC, Retail Commercial South Kettle Park P, Park P, Parks and Recreational Opens Space West Church Residential PF, Public Facilities PD, Planned Development QP, Quasi- Public LD, Low Density residential EVALUATION OF REQUEST Proposal — The applicant is proposing outdoor storage upon six parking stalls for parking of five commercial use vehicles and one trailer. The proposed location is in the existing parking lot on the east side of the property. The narrative states: "The space being requested is a vital space for the storage of our trucks and one trailer. The company trucks are used by our Quality Control Techs who supervise our crews. No valuables or materials are stored in these tricks. The trailer is used during large jobs and is used to store items such as signs, roofing accessories, and sample boards." The storage space provided within the building is occupied by another tenant, Hedlund, for storage of "tools, materials and two work tricks." Property Claim Solutions also uses the indoor storage space for "extra material from job sites, which cannot be stored outside." all Planning Report - Property Claim Solutions April 27, 2010 Page 3 Compatibility with Surrounding Area - The subject site is located between retail commercial uses to the north and east, and residential to the southwest. The land use designation of O /S, Office /Service is typically associated with LB or BP zoning and outdoor storage uses are not provided for in those zoning districts.. Outdoor storage is allowed with a Conditional Use Permit in certain commercial and industrial zoning districts. Outdoor storage is not pennitted in the LB, NB, or BP zoning districts. This property is zoned PD, Planned Development, and is generally considered to be similar to LB zoning. Within a PD, a use that is typically conditional requires specific City Council approval through the PD Amendment process. The proposed outdoor storage consists of commercial trucks and a trailer. The trucks are pick -up trucks and occupy a standard size parking stall. In this way, they are similar to the other passenger vehicles that occupy the parking lot on a daily basis. The trailer, however, is not the same as other passenger vehicles and impacts more on the character of the property and the area. For this reason, the trailer should be stored within the building or in a different location off the site. Landscaping - The site was landscaped with initial construction in 1996. The landscaping appears to be well- maintained and healthy. Mechanical Equipment - The building is a quasi - residential design with a hipped roof, so there is no rooftop mechanical equipment. Ground equipment is located on the west side of the building. Benning and landscaping on the west side of the lot screens the equipment from adjacent properties. Outdoor Storage - The ordinance standards for outside storage are outlined below. a. Outdoor storage itenis shall be placed within an enclosure as necessary to aehiei,e appropi "date security and containment or for public safety i-easons when determined necessary by the city. The storage area is located within the existing parking lot and is not otherwise enclosed and contained. However, with vehicle storage, an enclosure may not be necessary. b. The storage area shall be located in the side or rear yards and shall not encroach into any required ,f•ont building setback area or other required setbacks. The proposed storage area is located between the building and the public right -of -way, which is in the front yard. However, the proposed storage location does not encroach into required setbacks. The applicant has stated that this location places the items furthest from the adjacent residential uses. aC-�' Planning Report — Property Claim Solutions April 27, 2010 Page 4 c. The outdoor storage area shall be screened from view ftoni the public right- of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The site is landscaped, however, the landscaping between the storage area and the right -of -way does not provide required opacity for screening purposes. Additional landscaping could be added to screen the storage area and soften views from the right -of -way. Retaining some visibility of the area to the public is beneficial for security reasons. A landscape plan should be submitted for review and approval by City staff prior to installation. d. The storage area shall not interfere with any pedestrian or vehicular movement. The outside storage area is within designated parking spaces upon existing pavement and does not interfere with pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. The site requires 57 parking stalls based on a 11,500 sq. ft. building with 9,700 s.f of office space and 1,800 s.f. storage /warehouse. The site was developed with 53 stalls, 4 fewer than required. With the proposed outside storage occupying 6 parking stalls, the site has a total of 10 fewer stalls available than required. f. The storage area shall be sinfaced with concrete or all approved equivalent to control dust and erosion. The sinface shall be properly maintained to prevent deterioration. The proposed storage area is surfaced with bituminous asphalt and is in good repair. SUMMARY /CONCLUSION In summary, the applicant is requesting approval of a Planned Development Amendment for the outside storage of up to six commercial vehicles upon property located at 2005 Pin Oak Drive. The existing office building constricted in 1996 is consistent with the Mission Hills South PD, which identified this site for LB, Limited Business, uses. Outdoor storage is not pennitted in the LB zoning district, however, the PD zoning does permit greater flexibility. The acceptability of this proposal is a policy decision to be detennined by City officials. The storage or parking of the standard sized pickup trucks will be similar to the other passenger vehicles that occupy the parking lot on a daily basis; however, storing the commercial trailer does not appear to be appropriate given the character and location of the site. For this reason, staff suggests the trailer be stored within the building or in a different location off the site. The proposed commercial vehicle storage satisfies three of the six perfonnance standards in the zoning ordinance that apply to outside storage. The three standards that are not met are: 1) the location in the front yard; 2) an enclosure is not provided, although it may not be necessary; and 3) the proposed storage occupies required parking stalls. Conditions which are satisfied include access /circulation, setbacks, and surfacing. aL3 Planning Report Property Claim Solutions April 27, 2010 Page 5 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow outdoor storage of company pick -up trucks and one trailer upon property located at 2005 Pin Oak Drive, legally described as Lot 1, Block 1, Rahn Ridge 2 ❑d Addition. If approved the following conditions shall apply: 1. A Planned Development Amendment Agreement shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The outdoor storage shall be located in designated storage areas as indicated on the Site Plan received March 17, 2010 3. Additional landscaping shall be installed by June 30, 2010 to provide screening and soften the views of the storage items from the right -of -way. The applicant shall submit a landscape plan for approval by City Staff prior to installation. 4. Outdoor storage shall be limited to standard sized pickup trucks or passenger vehicles. al `� Location Map I j l yP,l O O J! l ak Rtl - U O � ) 1 f a' v-k.. Donal. Rtll "QLt '+ s "xF LFNE Meadowlan Highline Trail '.� D,Xley Rd Rahn Athletic Park I �� Dl,ned a ra 1 L E _ .. Map Area Extent �. •� Rahn Park 8 B Park y� EFIr! 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Nathan Smith on behalf of Nysmith LLC, which is the owner of the building at 2005 Pin Oak Drive, would like to request the permanent use of six parking spots for the purpose of storing company trucks over night and as a parking spot for a trailer. I would also like to use this opportunity to tell you a bit about our business and explain our connection with the community of Eagan. P.C.S is a general contracting company, who has a spotless record with the BBB, strong roots in the community and a desire to make a difference in our industry, with our employees and the communities we serve. Both Chad my partner and myself grew up on the west side of Cedar Avenue. We went to Dakota hills middle school and Eagan /Eastview high school. Our first job, at the age of 14, was at the McDonalds on Nicols and Cliff rd. We chose to have our company headquarters in Eagan, our home, because building something great where we came from means a lot to Chad and myself. We have two other tenants currently in the building. Hedlund engineering, which has been a staple in Eagan for many years. The second occupant is an entity called Cassidy and Companies who has been a tenant since the building was built. The space being requested is a vital space for the storage of our trucks and one trailer. The company trucks are used by our Quality Control Techs who supervise our crews. No valuables or materials are stored in these trucks. The trailer is used during large jobs and is used to store items such as signs, roofing accessories, and sample boards. The building currently has two overhead doors on the northwest corner. Hedlund Engineering uses one storage space for tools, materials, and two work trucks. While the second, is used by P.C.S for extra material from job sites, which cannot be stored outside. The existing land use in the property is general parking. Surrounding the area are hotels, a restaurant, a park and residential homes. The impact of the amendment allows for the current resident in the building to operate our business. Without the use of these spots it will make it very difficult to run our business on a day -to -clay basis. There is no foreseen impact on any city services. Property Claim Solutions is a growing business that employees people from the community. This amendment allows for more businesses the opportunity to run their organization then the current zoning allows. Thank you for your time and understanding. We at PCS look forward to a long relationship with the Eagan Community. RECEIVED APP a 5 2010 NARRATIVE Agenda Information Memo May 4, 2010, Eagan City Council Meeting C. INTERIM USE PERMIT - MAX STEININGER INC. ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) an Interim Use Permit to allow a contractor's storage yard located at 3089 Neil Armstrong Blvd, Lot 2, Block 1, Amoco 2nd Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The 7.5 acre parcel is zoned Limited Industrial and located west of Neil Armstrong Boulevard. ➢ The property is undeveloped; however, the owner has been storing miscellaneous equipment on the site that is associated with his adjacent contractor's business located at 3070 Lexington Ave. S. ➢ The City Council approved a three year Interim Use Permit (IUP) on March 2, 2010, to allow a concrete recycling, process and stockpiling facility on this property. A condition of the approval was to either remove the existing outdoor storage or obtain an IUP by June 1, 2010. ➢ The applicant proposes an initial three year term; site activities are to occur on 1.25 acres, in the rear yard of the property. The Advisory Planning Commission held a public hearing on April 27, 2010, and is recommending approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Deadline expires May 26, 2010 ATTACHMENTS (3): Location map on page Draft April 27, 2010 APC minutes on pago--- D-, Staff report on page % - throughcAS(o Location Map 771 �Fq • I Lon aF Rd� e \l\ 'i Vankea Doodle Rdl L00., Map Area Extent K Nri 'n Rgti D q /q v v� Z A CE _Z - X K Lexington Park 71 0 O ..._.._CSA.H -N0:26 LONE4AK -RD-)_. -.-- Subject Site Y 0000" ti0 LUfi' / DR 1 1 Hil T1 APOLLO ROAD 43 2 Q Z 0 Z X ai s� m z North Park.f? ark 0 a cez ,. Feet 0 500 1,000 2,000 Project Name: Max Steininger Inc. Legend Request: Interim Use Permit JBIllm t Bounda �° "'� Case No.: 11- IN- 04 -03 -10 Parcels Parks Buildings N City Eap of aa�. Advisory Planning Commission April 27, 2010 Page 6 of 7 C. Max Steininger Inc. Applicant Name: Max Steininger Inc. Location: 3089 Neil Armstrong Blvd; Lot 2, Block 1, Amoco 2nd Addition Application: Interim Use Permit An Interim Use Permit to allow a temporary contractor storage yard. File Number: 11- IN- 04 -03 -10 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 20, 2010. She noted the background and history. Applicant Greg Steininger, 1521 Lone Oak Rd, stated he was available for questions and, upon inquiry, explained that a Jersey Barrier is made of concrete, typically used as highway medians. 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. Member Dugan asked how the storage and vehicles on the property would be screened from the road. Mr. Steininger explained that there will be a 10 foot berm along the east and west property lines. He further explained that the northern property line is already bermed and screened from adjacent properties. Member Keeley moved, Member Daley seconded a motion to recommend approval of an Interim Use Permit to allow outdoor storage of contractor's equipment for a three year period for property located at 3089 Neil Armstrong Blvd, legally described as Lot 2, Block 1, Amoco 2nd Addition, subject to the following conditions: 1. The Interim Use Permit (IUP) shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The permit shall terminate upon the earlier of either cease of use or three years from the date of City Council approval. 3. The IUP shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The location and items to be stored shall be consistent with the Site Plan dated February 1, 2010. 5. The landscape berm shall be constructed per the Site /Grading Plan dated February 1, 2010, no later than October 1, 2010. 6. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's codified land disturbance and erosion control regulations. 7. All parking and storage areas shall be properly maintained to prevent deterioration. Member Filipi stated the berming and screening are sufficient. Member Dugan stated agreement with Member Filipi and stated a physical enclosure would be cost prohibitive. A vote was taken. All voted in favor. Motion carried 7 -0. C a PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2010 APPLICANT: Max Steininger, Inc PROPERTY OWNER: Anne Capitan REQUEST: Interim Use Pen-nit LOCATION: 3089 Neil Armstrong Blvd CASE: 11- IN- 04 -03 -10 HEARING DATE: April 27, 2010 APPLICATION DATE: March 27, 2010 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting an Interim Use Permit to allow outdoor storage of contractor's equipment for a three year period at 3089 Neil Armstrong Blvd, legally described as Lot 2, Block 1, Amoco 2nd Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if. 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and perfornance standards of the zoning regulations herein; 2. The date or event that will tenninate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for pennission of the use; and 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. Planning Report — Max Steininger, Inc April 27, 2010 Paae 2 6. The city determines that the property is in compliance with City Code. City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use pen-nit and the Council shall issue such conditional use pen-nits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. aay- Planning Report — Max Steininger, Inc April 27, 2010 Paae 3 BACKGROUNDIHISTORY The applicant received approval of a three year Interim Use Permit (IUP) for a concrete recycling, processing and stockpiling facility for this property on March 2, 2010. A condition of that approval was to either remove the existing outdoor storage or obtain an Interim Use Permit by June 1, 2010. EXISTING CONDITIONS The 7.5 acre parcel was platted in 1999. The property is currently vacant of buildings; however, the owner has utilized the site to store heavy equipment associated with his contractor's yard during the winter months when the equipment is not on a jobsite. The equipment is currently located on dirt and crushed asphalt, along the western edge of the property. Outdoor storage is not allowed as a principal use on a property; however, outdoor storage is allowed on the owner's property at 3070 Lexington Avenue, located west and adjacent to the subject property. SURROUNDING USES Other than the property to the west, the subject site is surrounded by industrial uses, zoned and guided for industrial. The property to the west is zoned Planned Development (PD), owned by the applicant and contains a single family residence and contractor's yard. EVALUATION OF REQUEST Compatibility with Surrounding Area — The surrounding area consists of industrial development designated for industrial use. The proposed use appears compatible with the area. Airport Noise Considerations — The property is located within the 60 decibel noise contour. Industrial uses are a compatible use within this zone. Site Plan — The outdoor storage is proposed to be located in the northwest corner of the site, on approximately 1.25 acres of the 7.5 acre site. The applicant's narrative states the access to the outdoor storage area would be from Neil Armstrong Blvd via a new curb cut, which was approved for the concrete recycling, processing and stockpiling facility IUP, issued earlier this year. The access will be gated and paved with crushed bituminous. The outdoor storage area is proposed to be surfaced with crushed bituminous as well, rather than asphalt pavement to avoid damage from the heavy equipment. The materials proposed to be stored include heavy equipment, steel beams, steel plates, sewer pipe, related materials and dirt. Specifically: • Heavy equipment (up to 30 pieces) o Dozers 11 Planning Report — Max Steininger, Inc April 27, 2010 Page 4 o Loaders o Excavators o Haul Trucks o Motor graders o Wheel loaders • Steel beams and plates (up to 100 pieces) • Sewer and water pipe (up to 100 pieces) • Small equipment (up to 10 pieces) • Jersey Barriers (up to 50 pieces) Outdoor Storage — The ordinance standards for outside storage are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. An enclosure is not proposed. The enclosure requirement is intended to provide security and containment. With screening provided by a berm, and a gated access, an enclosure may not be necessary. It is a policy matter for City officials to determine whether an enclosure is needed. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required f -ont building setback area or other required setbacks. All setbacks appear to be met. 3. The outdoor storage area shall be screened from view from the public right -of -way and fi °om any adjacent property which is designated for residential uses in the comprehensive guide plan. Due to topography and bertning, the storage area is not visible to any public right -of -way. The adjacent area to the west, under the same ownership, is zoned Planned Development and guided for Limited Industrial; other adjacent properties are zoned I -1, guided 1 -1, and developed with industrial uses. The Planned Development for the adjacent property allows an existing single family residence with a "sunset" agreement, in that once Mr. and /or Mrs. Steininger no longer occupy the home, the existing house should be removed; otherwise, there are no residential properties in the area. No additional landscaping is proposed to provide additional screening, other than the existing berths to the north, east and west property lines to screen the proposed use from public right - of -way. The site consists of existing trees that may also provide additional screening. Similar to the enclosure requirement (see 41 above), it is a policy decision whether screening is necessary. Planning Report — Max Steininger, Inc April 27, 2010 Page 5 4. The storage area shall not interfere til,ith any pedestrian or vehicular movement. The proposed Site Plan indicates that the storage will not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. The proposed Site Plan indicates that the storage will not interfere with required parking spaces or landscaping areas. 6. The storage area shall be sur faced i0th concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The outdoor storage area is proposed to be surfaced with crushed bituminous rather than asphalt pavement to avoid damage from the heavy equipment. Grading — The existing site generally slopes toward the east side of the site. The applicant has applied for a grading permit from the City prior to the construction of the proposed storage/ work areas. The applicant should be responsible for installing and maintaining erosion control measures in accordance with City engineering and code standards. The development is also subject to the City's codified land disturbance and erosion control regulations. Storm Drainage — Storm water runoff from the site will drain overland toward Pond EP -6 in the northeast corner of the site, which drains to existing storm sewer within Neil Armstrong Boulevard. Utilities — City sanitary sewer and water main systems are available within Neil Armstrong Boulevard to the east. However, no connections to the systems are proposed with this application. Access — Access to the site is available from Neil Armstrong Boulevard, a commercial/ industrial street along the east edge of the site. SUMMARY /CONCLUSION The applicant is requesting approval of an Interim Use Permit (IUP) for the outdoor storage of contractor's equipment for a term of three years. The property is located within an industrial zone where outdoor storage is common. The proposed outdoor storage occurs in the rear yard of the property. The proposed storage satisfies four of the six outdoor storage criteria. Two outdoor storage standards are not met; 1) an enclosure is not provided, although one may not be necessary, and 2) aa-] Planning Report — Max Steininger, Inc April 27, 2010 Page 6 additional screening is not provided, although it may not be necessary. Conditions which are satisfied include setbacks, access /circulation, parking, and surfacing. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow outdoor storage of contractor's equipment for a three year period for property located at 3089 Neil Armstrong Blvd, legally described as Lot 2, Block 1, Amoco 2nd Addition. 1. The Interim Use Permit (IUP) shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The permit shall terminate upon the earlier of either cease of use or three years from the date of City Council approval. 3. The IUP shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The location and items to be stored shall be consistent with the Site Plan dated February 1, 2010. 5. The landscape berm shall be constructed per the Site /Grading Plan dated February 1, 2010, no later than October 1, 2010. 6. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's codified land disturbance and erosion control regulations. 7. All parking and storage areas shall be properly maintained to prevent deterioration. Location Map Project Name: Max Steininger Inc. Request: Interim Use Permit Case No.: 11- IN- 04 -03 -10 4101� City of Eagan a-* Feet 0 500 1,000 2,000 Legend Jolla City Boundary Parcels \ Parks Buildings N Current Zoning and Comprehensive Guide Plan Max Steininger Inc. Land Use Map Interim Use Permit 11-IN-0403-10 Zoning Map WF I Land Use Map ND C.S.A.M. MO.26 IND R I Ej M 4 (LONE OAK RD.) C.S.A.H. NO.26 (LONE OAK RD.) E ----------------- D i 0001j; V, Location Current Zoning., L —0 0,1- Ll E Limited Industrial A o Current Land Use Designation: Mr- 17 IND i"T J� I "I IND 0 IND IND E BP ------------- LLJ ❑ Goo 0 Goo 1200 For Goo 0 Goo 1200 Fast SA-BP )0 Comprehensive Guide Plan L-1 L i L , I Land Use Map ND C.S.A.M. MO.26 IND R I Ej (LONE OAK RD.) -M E ----------------- Location 0,1- E A o Current Land Use Designation: IND Limited Industrial IND IND IND E LLJ ❑ Goo 0 Goo 1200 Fast SA-BP Parcel base map Information provided by Dakota County Land Survey Department D—mber 2005. N R� Z-1.9 Information maintained by City Staff. 411� City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S o z a _ Y / EXISTING CONDITIONS -f c` CJ\ 1 z O n - s C C rms r4 roc � C C l C - �G2� - J z. x zzroN o m a I 7`� I 17 j j J T 91 OZ z, 'A - BL VD. NEIL = -- ARMS TRON� - — SITE PLAN NO*2 43501 Fil 01; Ell, NINNY Ll I N Il N M P� Cli rli Cl CAM HL VL I: X C A V A T I () N March 26, 2010 Ms. Sarah Thomas City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re- Request for Interim Use Permit F--4A71:1 S H O R I N G RECEIVED MAR 3 12010 Max Steininger, Inc. is requesting an interim use permit to allow a temporary contractor storage yard on approximately 1.25 acres of a 7.5 acre site located on the southwest corner of the intersection of Neil Armstrong Boulevard and Apollo Road. The applicant has operated an excavation company on the adjacent parcel to the west since 1968. The property is currently approved as a contractor storage yard under a PUD issued by the City in 2006. Family members of the applicant own both parcels. Over time, due to the related ownership of the parcels, the applicant's operations have crept to east onto the un- permitted subject parcel. The slow economy has also resulted in more of the applicant's equipment being brought back into the yard instead of staying out on job sites. Much of that equipment is being stored on the subject parcel. The applicant wishes to bring itself into compliance with City zoning requirements. The property PID is 10- 11475- 020 -01. The legal description is lot 2, Block 1, Amoco 2"d Addition. The site is currently guided limited industrial use and zoned light industrial. No changes in zoning or comprehensive guide plan are being requested. The applicant wishes to obtain City permission for an approximately 54,000 square foot storage area (see attached plan). The storage would be located in the NE corner of the property. It would be screened by existing berms to the East, North, and West. Access would be from Neil Armstrong Blvd via a new curb cut (to be installed per a previously issued IUP). The access would be gated and paved with crushed bituminous. The storage area is proposed to be surfaced with crushed bituminous rather than asphalt pavement to avoid damage from heavy tracked equipment. Minor grading 3070 SUM 1 11 NINGTON AVENI IF EAGAN. MINNIN)TA 55121 PHONE 631 454 6620 FAX Gil 454 6716 a3 Page 2 of 3 will be performed under the grading permit for the recycle yard to install the crushed bituminous. Materials to be stored 1. Heavy equipment (up to 30 pieces) a. Dozers b. Loaders c. Excavators d. Haul Trucks e. Motor graders f. Wheel loaders 2. Steel beams & plates (up to 100 pieces) 3. Sewer and water pipe (up to 100 pieces) 4. Small equipment (up to 10 pieces) 5. Jersey Barriers (up to 50 pieces) Surrounding uses are industrial in nature. Below is a list of buildings and their uses within 660 feet of the subject parcel: 1. South a. 1027 Gemini Road — mechanical contractor b. 3130 Lexington Ave S — 3M manufacturing c. 3109 Neil Armstrong Blvd — Office warehouse d. 1027 Gemini Road — Mechanical contractor e. 1045 Gemini Road — Office warehouse 2. East a. 1000 Apollo Road — Office warehouse b. 980 Lone Oak Road — Office warehouse 3. North a. 3079 Neil Armstrong Blvd — Fleet fueling facility b. 3030 Lexington Ave — Office warehouse c. 1030 Lone Oak Road — Office warehouse d. 1060 Lone Oak Road — Office warehouse 4. West a. 3070 Lexington Ave — Max Steininger house b. 3080 Lexington Ave — Max Steininger, Inc. shop and office The buildings to the south are office /warehouse as are the buildings to the east and north. There is also a commercial truck fueling facility immediately north of the site. To the west is the applicant's contractor yard and the home of Max Steininger. Page 3 of 3 We are requesting a 3 year term for this permit that runs concurrent with the interim use permit granted by the City to allow a concrete recycle yard on this property. In summary, we believe that this use is appropriate to the site based on the surrounding industrial uses. An interim use is appropriate since this storage yard would function as a subsidiary use to the applicant's adjacent contracting business even though they are technically 2 separate parcels. The storage will be well screened from public view and will not impact any adjacent properties. We respectfully ask for the City's approval. Sincerely, MAX STEININGER, INC. 3080 Lexington Ave S Eagan, MN 55121 Office: 651 - 454 -6620 Cell: 612- 986 -9564 greq(c�maxsteininger.net a3i�