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09/21/2010 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING September 21, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE l • I II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS a A. Swearing in of Police Officers 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 3 A. APPROVE MINUTES 1 g B. PERSONNEL ITEMS f9 C. APPROVE Check Registers P)D D. APPROVE one day per month promotions at the Eagan Community Center to offer free admission for military families to Pre School Open Gym and F.A. N.tastic Saturday P I) E. APPROVE letter of support for Dakota Valley Recycling to Secure Local Negotiated Initiative Funds (LNIF) for DVR Website Improvements P 13 F. APPROVE an amendment to a Joint Powers Agreement with the State of Minnesota to extend participation in _ a multi agency task force that combats internet crimes where children are the victims P� G. APPROVE Tobacco License for Bassil Dyab, Go For It Gas, 4206 Nicols Road �Ib H. DECLARE bicycles, unclaimed property and miscellaneous City property to be surplus 3[� I. AWARD bid for purchase of a replacement fire engine D J. APPROVE change orders for Fire Safety Center K. Item Removed P.31 L. RECEIVE bids and award Contract 10 -09 (Cliff Road — Trunk Water Improvements) M. RECEIVE bids and award Contract 10 -10 (South Water Treatment Plant — Upgrade and Maintenance) { .g N. RECEIVE bids and award Contract 10 -16 (Schwanz Lake Area Rain Gardens — Water Quality Improvements) P 3T O. APPROVE Final Plat — Kennerick 3�d Addition py� P. APPROVE Dynamic Sign Public Service Messaging Agreement with CBS Outdoor for Billboard adjacent to 2750 Eagandale Boulevard P4;� Q. APPROVE Dynamic Sign Public Service Messaging Agreement with Clear Channel for Billboard at 3700 Nicols Road R. APPROVE release of certain declaration of restrictive covenants for Crossroads of Eagan S. AWARD bid for the Civic Arena West Training Space Construction to Morcon Construction, Inc. in the amount of $343,969 APPROVE resolution allowing the City of Eagan to continue its participation in the Dakota Traffic Safety Program through 2011 V. PUBLIC HEARINGS e tP3 A. RIGHT -OF -WAY VACATION — Wescott Woodlands VI. OLD BUSINESS VII. NEW BUSINESS A. LONE OAK 3RD ADDITION — Delta Airlines, Inc. — Planned Development Amendment, Preliminary Subdivision and Final Subdivision — A Planned Development Amendment to change parcel boundaries and clarify allowable square footage for future development on Lot 1 and Outlot A and a Preliminary and Final Subdivision of approximately 125 acres to create one lot and three outlots located at 2700 and 2800 Lone Oak Parkway. e q 7 B. ORDINANCE AMENDMENT —An amendment to Chapter Five of the City Code regarding financial responsibility and insurance certificate requirements of liquor licensees to comply with State statutes. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY NOTE: EDA AGENDA ISSUE Closed session pursuant to the attorney - client privilege exception to the Minnesota Open Meeting Law re: U -Haul Company of Minnesota et. al. v Eagan Economic Development Authority lawsuit. X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT Ab� City of Evan Nu TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 17, 2010 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 21, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 21, 2010 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 21, 2010, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS Swearing in of New Police Officer FACTS: Police Chief McDonald will introduce newly hired Police Officers William Cytryszewski, Chad Clausen, and Joseph Moseng to the Council and community. After a brief introduction, they will be administered the oath of office by Deputy Clerk, Mira Broyles. All began their employment with the City on July 19, 2010. No Agenda Information Memo September 21, 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 September 7, 2010 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the September 7, 2010 Regular City Council meeting are enclosed on pages 1 through —1__. J MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 7, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 7, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Sharon Hills and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS The Eagan Citizen's Crime Prevention Association was recognized for their volunteer efforts and for raising 36,648 pounds of food for the 150th Anniversary Food Drive. CONSENT AGENDA Councilmember Tilley asked to have Item Z pulled from the Consent Agenda for discussion and separate motion. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the August 17, 2010 regular City Council meeting and the August 9, 2010 Special City Council meeting as presented. B. Personnel Items. C. It was recommended to ratify check registers dated August 5, 2010, August 12, 2010, August 19, 2010 and August 26, 2010 as presented. D. It was recommended to approve a Massage Therapy Establishment License for Stephanie Dusenberry to operate a massage therapy establishment to be knows as Therapist of Pro Athletes MN located at 2020 Silver Bell Road #26. E. It was recommended to approve a Premise Permit for Eagan Lions Club to conduct lawful gambling at Old Chicago, 1312 Town Centre Drive. F. It was recommended to accept a grant from the Federal Government Port Security Grant Program in the amount of $5,000. G. It was recommended to direct the City Attorney's office to prepare an ordinance amendment to Chapter 5 regarding the financial responsibility and insurance certificate requirements of liquor licensees to comply with state statutes. H. It was recommended to approve the list of staff members to serve as election judges on the absentee ballot board for the November 2, 2010 General Election. I. It was recommended to authorize the City Attorney's Office to prepare an Ordinance Amendment to Chapter 6, Other Business Regulation and Licensing, Section 6.34, Tobacco. J. It was recommended to authorize the submission of a grant from the Metropolitan Regional Arts Council for a capital grant for art exhibit supplies and equipment for the Eagan Community Center and the Eagan Municipal Center. 1� City Council Minutes�� September 7, 2010 Page 2 K. It was recommended to accept a travel scholarship to attend the Arts Marketing Project National Conference. L. It was recommended to accept a donation from the Eagan July 4th Funfest Committee to provide additional electrical service at the Central park Festival Grounds. M. It was recommended to direct staff to prepare an Ordinance Amendment defining post- secondary education, trade schools and medical facilities as office and commercial uses for noise compatibility purposes. N. It was recommended to direct staff to prepare ordinance amendments to City Code Chapter 11 relative to the definition of the Business Park Zoning District and Temporary Outdoor Events and Seasonal Sales. O. It was recommended to approve a one time waiver to the Eagan Community Center Outside Food and Beverage Policy to allow for the 150th Anniversary Taste of Eagan event. P. It was recommended to approve the plans and specifications for Contract 09 -04, (Fish Lake Alum Dosing and Settling Basin — Water Quality Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, September 30, 2010. Q. It was recommended to receive the Final Assessment Roll for Project 1008 (Lexington Parkview Addition — Street Improvements) and schedule a public hearing to be held on October 5, 2010. R. It was recommended to receive the Final Assessment Roll for Project 1018 (Greensboro Addition — Street Improvements) and schedule a public hearing to be held on October 5, 2010. S. It was recommended to receive the Final Assessment Roll for Project 1020 (Thomas Lake Woods Addition — Street Improvements) and schedule a public hearing to be held on October 5, 2010. T. It was recommended to receive the Final Assessment Roll for Project 1022 (Overhill Farms Addition — Street Improvements) and schedule a public hearing to be held on October 5, 2010. U. It was recommended to receive the Final Assessment Roll for Project 1023 (Eagan Royale / Safari Estates 2nd / Safari 3 r & 4th Additions — Street Improvements) and schedule a public hearing to be held on October 5, 2010. V. It was recommended to receive the Final Assessment Roll for Project 1025 (Oak Cliff 4th Addition — Street Improvements) and schedule a public hearing to be held on October 5, 2010. W. It was recommended to receive the final Assessment Roll for Project 1026 (Northview Meadows 2 "d Addition — Street Improvements) and schedule a public hearing to be held on October 5, 2010. X. It was recommended to receive the Final Assessment Roll for Project 1027 (Patrick Road — Street Improvements) and schedule a public hearing to be held on October 5, 2010. Y. It was recommended to approve Telecommunications Lease Agreements with Clear Wireless LLC for new antenna installations on the Safari water reservoir and authorize the Mayor and City Clerk to execute all related documents. Z. Pulled for discussion. It was recommended to approve a resolution requesting MnDOT to perform a speed limit study to establish the appropriate lawful speed limit on several collector streets. Councilmember Tilley asked if other streets could be added to the study, noting she had been contacted by residents with concerns to speed limits on Dodd and Elrene. Staff was directed to provide information at a future meeting. APPROVED: FIELDS — BAKKEN 5 -0 AA. It was recommended to approve the On -Sale Wine and 3.2 Percent Malt Liquor (Beer) license for Phong Nguyen, dba Classic Saigon Restaurant, 1272 Town Centre Drive. BB. It was recommended to approve the On -Sale Liquor and Sunday license for Apple Minnesota LLC, dba Applebee's Neighborhood Grill & Bar located at 1335 Town Centre Drive. PUBLIC HEARINGS There were no public hearings. City Council Minutes September 7, 2010 Page 3 us OLD BUSINESS ORDINANCE AMENDMENT, CHAPTER 10.11 REGARDING RESTRAINT OF POTENTIALLY DANGEROUS DOGS DR, )c 7, City Administrator Hedges discussed this item regarding an ordinance amendment pertaining to the restraint of dogs that have been declared potentially dangerous. Chief of Police McDonald answered questions of the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an amendment to Eagan City Ordinance #10.11 regarding the restraint of dogs that have been declared potentially dangerous. Aye: 5 Nay: 0 NEW BUSINESS CERTIFICATION OF PRELIMINARY 2011 BUDGET AND PROPERTY TAX LEVY AND SETTING OF PUBLIC MEETING DATES City Administrator Hedges discussed the preliminary 2011 budget and property tax levy. He noted that the next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 7 at 6:30 p.m., in the Council Chambers. The meeting at which the final levy and budget will be determined is the City Council meeting of Tuesday, December 21 at 6:30 p.m. The public will be allowed to speak at these meetings. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the preliminary payable 2011 property tax levy as follows: Aye: 5 Nay: 0 General Revenue levy $ 27,054,888 Community Center bonds debt service 1,192,223 Cedarvale Special Services District 600 Total levy $ 28,247,711 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the preliminary 2011 General Fund expenditure budget, including contingency, of $27,687,900. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to set the date for the public hearing of the 2011 levy and budget as December 7 and the date for the final adoption of the 2011 levy and budget as December 21. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT — ALEXANDER'S MOVING AND STORAGE City Administrator Hedges introduced this item regarding the request for a conditional use permit for outside storage of 30 semi trailers and 13 trucks upon property located at 1980 Seneca Road. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for outside storage of 30 semi trailers and 13 trucks upon property located at 1980 Seneca Road, legally described as Lot 2, Block 1, Cedar Industrial Park, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. City Council Minutes September 7, 2010 Page 4 A 2. The outdoor storage shall be limited to 30 semi - trailers and 13 trucks. The storage occurs as depicted on the Site Plan received July 23, 2010. 3. The storage area shall be maintained in an orderly fashion. 4. The proposed outdoor storage areas shall be surfaced with bituminous asphalt no later than July 1, 2011. 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. Damaged portions of the storage area perimeter fence shall be repaired /replaced no later than November 1, 2010. 7. If the use of the building changes, or overflow parking becomes an issue in the future, some of the outdoor storage area shall be converted to off - street parking in the amount necessary to satisfy off - street parking needs within the site. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. There were no action items. ADMINISTRATIVE AGENDA VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Council Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:30 p.m. Aye: 5 Nay: 0 Date 7 Administrative Secretary / Deputy Clerk Agenda Information Memo September 21, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS There are no items for approval this week. 9410h Agenda Information Memo September 21, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 2, 2010 and September 9, 2010 as presented. ATTACHMENTS: • Check registers dated September 2, 2010 and September 9, 2010 are enclosed without page number. I Agenda Information Memo September 21, 2010 D. APPROVE ONE DAY PER MONTH PROMOTIONS AT THE EAGAN COMMUNITY CENTER TO OFFER FREE ADMISSION FOR MILITARY FAMILIES TO PRE SCHOOL OPEN GYM AND F.A.N.TASTIC SATURDAY ACTION TO BE CONSIDERED: To approve one day per month promotions at the Eagan Community Center to offer free admission for military families to preschool open gym and F.A.N.tastic Saturday FACTS: • The Eagan Beyond the Yellow Ribbon Initiative is in the early stages of development, and is looking for family - friendly, social opportunities for military families, particularly for those families with a spouse who is deployed on active duty. • Bud and Julie Johnson, Co- Chairs of the Eagan Yellow Ribbon group, approached the City about events or promotions within the City that could be provided to military families. • City staff identified two opportunities that may appeal to military families of all ages. • First, it is proposed that military families receive free admission to preschool open gym on the second Tuesday of every month, from 9:30 -11:30 a.m. • Second, it is proposed that military families receive free admission to F.A.N.tastic Saturday on the first Saturday of every month. • Families must present a valid military ID to receive the promotion. • In anticipation of the September 21 Council meeting, Bud and Julie Johnson communicated their appreciation should these promotions be offered by the City. ATTACHMENTS: • There are no attachments. y Agenda Information Memo September 21, 2010 E. APPROVE LETTER OF SUPPORT FOR DAKOTA VALLEY RECYCLING (DVR) TO SECURE LOCAL NEGOTIATED INITIATIVE FUNDS (LNIF) FOR DVR WEBSITE IMPROVEMENTS ACTION TO BE CONSIDERED: To approve a letter of support for Dakota Valley Recycling (DVR) to secure Local Negotiated Initiative Funds (LNIF) for DVR website improvements. FACTS: • Dakota Valley Recycling (DVR), which is a partnership between the cities of Eagan, Burnsville, and Apple Valley, is preparing their annual request for Local Negotiated Initiative Funds (LNIF), which is funding allocated by Dakota County. • DVR is seeking to obtain LNIF funding to upgrade the DVR website, as they have indentified that much of the constituency they serve rely on web based information and thus, the DVR website is a much needed communications tool for residents and businesses alike. • The enclosed letter offers the City of Eagan's support for the funding request. ATTACHMENTS: Enclosed on page is the proposed letter of support for the efforts of Dakota Valley Recycling to obtain LNIF funds to upgrade the DVR website. P City of Eapn Mike Maguire September 22, 2010 Mayor Dakota Valley Recycling Paul Bakken Cyndee Fields Attn: Sue Bast, Environmental Specialist Gary Hansen 13713 Frontier Court Meg Tilley Burnsville, MN 55337 Council Members Dear Ms Bast: Thomas Hedges City ,administrator The City is proud to be a member of the Dakota Valley Recycling (DVR) consortium of cities, and we value the services that you and your staff provide to the citizens of Eagan, Burnsville, and Apple Valley. As you look to the future of DVR operations, the City of Eagan strongly supports your efforts to enhance the DVR website. We all certainly recognize the changing ways Municipal Center people are communicating and sharing information in today's society, and the ability to 3830 Pilot Knob Road provide updated, easily accessible information on the DVR website is an essential Eagan, MN 551 22 -1 81 0 component to getting our residents information about recycling services. Furthermore, as 651.675.5000 phone the City of Eagan emphasizes the importance of energy efficiency and sustainability 651.675.5012 fax within the community, the DVR website is crucial as a mechanism to share programs, 651.454.8535 TDD suggestions, and information with our residents. Maintenance Facility Thank you for recognizing the need to upgrade and enhance the DVR website. The Eagan 3501 Coachman Point City Council offers its full support for DVR's efforts to secure Local Negotiated Eagan, MN 55122 Initiative Funds (LNIF) for the website improvements. 651.675.5300 phone 651.675.5360 fax i Sincerely, 651.454.8535 TDD www.cityofeagan.com Mike Maguire Mayor cc: Anne Olson, Dakota Valley Recycling The Lone Oak Tree The symbol of strength and growth in our community. d I� Agenda Information Memo September 21, 2010, Eagan City Council Meeting CONSENT AGENDA F. Approve an amendment to the Joint Powers Agreement (in which the City joined ICAC, a multi agency task force that combats internet crimes where children are victims) with the State of Minnesota, Bureau of Criminal Apprehension and the St Paul Police Department. ACTION TO BE CONSIDERED: Approve an amendment to the Joint Powers Agreement with the State of Minnesota, Bureau of Criminal Apprehension which allows the extension of services to reimburse the City for investigative overtime, training and equipment. FACTS: • The St. Paul Police Department, in association with the State of Minnesota, Bureau of Criminal Apprehension, is the recipient of a federal grant from the Office of Juvenile Justice and Delinquency Prevention (OJJDP). • The purpose of the grant is to provide law enforcement with funding to combat internet crimes where children are the victims. Equipment, training, and personnel expenses are available to the city if Eagan Police Officers assist in the investigation, prosecution, and prevention of illegal exploitation of children via the internet. • The initial end date (September 30, 2010) as noted in the Child Sexual Predator Program Joint Powers Agreement (COPS grant) is incorrect. The correct end date was August 31, 2010. The Bureau of Criminal Apprehension has applied for a 12 month extension to allow participating agencies additional time to close cases. This extension runs through August 31, 2011. • The extension allows for reimbursement to participating agencies for investigative overtime, training, and equipment. The original agreement was reviewed by City Attorney's Office and signed by the Council in July 2009. ATTACHMENTS A copy of the agreement is attached on pagese /3 AMENDMENT NO. 1 TO CONTRACT NO. 3000 -1438 Contract Start Date: Original Contract Expiration Date: Current Contract Expiration Date: Requested Contract Expiration Date: July 1, 2009 Sept. 30, 2010 Sept. 30, 2010 August 31, 2011 Total Contract Amount: Original Contract: Previous Amendment(s) Total This Amendment: $5,000.00 $5,000.00 $0.00 $0.00 This amendment is by and between the State of Minnesota, through its Commissioner of Public Safety, Bureau of Criminal Apprehension, located at 1430 Maryland Avenue East, St. Paul, MN 55106 ( "State ") and City of Eagan, Police Department, located at 383 Pilot Knob Road, Eagan, MN 55122 ( "Governmental Unit "). Recitals 1. The State has a contract with the Governmental Unit identified as 3000 -1438 ( "Original Contract ") for investigative overtime reimbursement, training and equipment. The State is in need of assistance from city and county law enforcement agencies in investigating and combating the exploitation of children which occurs through the use of computers by providing funds for equipment, training and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations. 2. This amendment is needed to extend services through August 31, 2011 to allow participating affiliates additional time to accomplish closures on cases they have initiated as a result of this Joint Powers Agreement. 3. The State and the Contractor are willing to amend the Original Contract as stated below. Contract Amendment In this Amendment deleted contract terms will be struck out and the added contract terms will be underlined. REVISION 1. Clause 1, Section 1.2 "Expiration date" of the Original Contract is amended as follows: 1.2 Expiration date: , August 31, 2011, or until all obligations have been satisfactorily fulfilled, whichever occurs first. Except as amended herein, the terms and conditions of the Original Contract remain in full force and effect. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual cerl res that funds ave been encumbered as Individual certifies the applicable provisions of Minn. Stat. required b M n. Stat. ¢¢1 5 and C.OS. §I6C.08, subdivisions 2 and 3 are reaffirmed. Signed: By: (with delegated authority) Date: � Title: Contract No. 3000 -1438, Written Amendment # 1 Date: 2. CONTRACTOR 4. COMMISSIONER�OF ADMINISTRATION The Contractor certifies that the appropriate persons) have As delegated to Materials Management Division executed the contract on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: By: Date: Title: Date: Distribution: Agency Contractor State, s Authorized Representative - Photo Copy Rev. 4109 Agenda Memo City Council Meeting September 21, 2010 CONSENT AGENDA: G. Tobacco License for Bassil Dyab, Go For It Gas, 4206 Nicols Road ACTION TO BE CONSIDERED: APPROVE Tobacco License for Bassil Dyab, Go For It Gas, 4206 Nicols Road FACTS: • Bassil Dyab recently purchased the Go For It Gas Station on Nicols Road and has applied for a license to sell tobacco products. • Mr. Dyab applied for a license for this business in December 2008, at which time a background check was completed. He operated the business until August 2009 and subsequently sold it to Anuj and Richa Kohli. • All requirements of the application have been met and fees have been paid. ATTACHMENTS: None. The application is available for review in the Administration Department. 16� Agenda Information Memo September 21, 2010, Eagan City Council Meeting H. DECLARE BICYCLES, UNCLAIMED PROPERTY AND MISCELLANEOUS CITY PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: To declare bicycles, unclaimed property and miscellaneous City property to be surplus. FACTS: ➢ Throughout the year, the City acquires a variety of unclaimed and stolen property and retires certain other City property that is no longer of any use. State law permits the sale of such surplus items to the highest designation. In some cases, if the property has little or no value due to its condition, disposal is the best option. Per the City's Policy for the Sale of Surplus City Property, surplus property that is damaged or has nominal or no value may be deemed as refuse or may be recycled. ➢ Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use of the property, it is reallocated to the appropriate department rather than being sold. ➢ The City Council approved an agreement with Propertyroom.com, an online auction service specializing in the disposition of unclaimed property and surplus City property. Prior to sale of the property through Propertyroom.com, the appropriate legal notice will be published in the Thisweek Newspaper. ATTACHMENTS (1): ➢ Surplus property list enclosed on pages � 17 through $. flp r O r O N ti Of R Q E 7 Z C) a N C (a C G C 0 H Z w It Q a ui Q Q O w U J O a Z Q t9 w u c O ea CL m Q to E m Z Q Q O nc m O 2 Y H O J a O Cl) 0o M to 41 V .o Q 0. 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Award Bid Replacement Fire Engine. ACTION TO BE CONSIDERED: Award bid for construction of a replacement fire engine. FACTS: • At the August 2nd, 2010 City Council meeting, Council authorized the Fire Department to advertise for bids to replace a 1980 Fire Engine. • We have received three bids for the replacement truck. • The 1980 truck has been previously sold to a fire department in South America. • The low bid was from Pierce Fire Apparatus. Pierce has been the manufacturer of our past six fire trucks. • The Fire Departments Truck Committee has reviewed the proposal from Pierce and has indicated that the proposal meets our request. • We are recommending that the Council authorize the award of the contract to buy the replacement fire engine for the amount of $408,707.71. • The price reflects the prepayment option to prepay for the entire apparatus upon acceptance of the contract. This option saves the City $7,811.68. • The price includes the loose equipment for the truck. This replaces the equipment that was original with the 1980 Fire Engine. • The new truck would be delivered by March 31" 2011. Funding for this fire engine will come from the City's Fire Apparatus Revolving Fund as approved by the city Council in late 2007. Equipment Certificates will be sold to provide the cash flow for this purchase. ATTACHMENTS: None -56 Agenda Memo September 21, 2010 Regular City Council Meeting CONSENT AGENDA: J. APPROVE CHANGE ORDERS FOR FIRE SAFETY CENTER PROJECT. ACTION TO BE CONSIDERED: To approve change orders for Fire Safety Center. FACTS: • The Council has previously authorized award of 26 contracts for the construction of the Fire Safety Center project. • Staff from our Construction Management firm, Bossardt, continues to work with each contractor that was awarded one of the 26 contracts to find ways to reduce our overall costs through value engineering. • We also have had to make minor adjustments to the project as it proceeds. • City Staff and Bossardt Staff are recommending approval of the following change orders for a net increase of $17,527: 1. PR -012R add drywall for offices in police station remodel.- $6,222 2. PR -014 Add wire mesh fence for police evidence garage at Fire Safety Center.- $3,732 3. PR -016R Provide architectural precast in lieu of pre - finished cap- ($3,564) 4. PR -019R Reduce amount of rubber pavers from roof Fire Safety Center. - ($5,427) 5. PR -020 Revise kitchen cabinets- $497 6. PR -025 Removal of air compressor- ($2,104) 7. ASI -012 Reverse the swing of doors in apparatus bays- $754 8. ASI -017 Plumbing changes required in Fire Safety Center- $2,377 9. PR -006 Extend beam for structural support- $639 10. PR -007 Relocate sump pump- $13,048 11. PR -0l l Revise the sizes of bent steel- $268 12. RCO -024 Revise countertops- $810 13. RCO -026 Change floor drain Room 102- $239 14. RCO- 02813ack charge Twin City Wire for field repairs- 0 15. RCO -029 Cut precast plank for revise stairway opening $536 16. RCO -032 Steel corrections for inconstant plans from architectural to structural drawings- $1,500 17. RCO -035 Credit for wrong sized windows in police remodel- (2,000) • The City is pursuing reimbursement of costs from our architectural firm due to errors /omissions /changes for several of these change orders. ATTACHMENTS: None F(O Agenda Information Memo September 21, 2010 Eagan City Council Meeting L. CONTRACT 10 -09, CLIFF ROAD TRUNK WATER MAIN ACTION TO BE CONSIDERED: Award Contract 10 -09 (Cliff Road Trunk Water Main) to Ryan Contracting, Inc. for the base bid in the amount of $477,046.50 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 10 -09 provides for the trunk water main improvements along Cliff Road between Lexington Avenue and Dodd Road, as programmed for 2010 in the City's 5 -Year Capital Improvement Program (2010- 2014). • On August 2, 2010, the City Council authorized the trunk water main improvements for Cliff Road (City Project 1033), and authorized Bonestroo, Inc. to prepare detailed plans and specifications, and authorized the solicitation of competitive bids using the Best Value Contracting Process. • At 10:30 p.m. on September 16, formal bids and technical performance proposals from each bidder were received for this project. • The low bid is 9.1% below the Engineer's Estimate and 23.8% below the 'corrected' Feasibility Report Estimate. The feasibility report cost estimate had a typo indicating 2,700 linear feet less of water main than what was represented in the report, erroneously reducing the cost estimate by $237,600. The 'corrected' Feasibility Report Estimate for construction cost is $626,100. The Council approved 5 -Year CIP (2010 -2014) estimate for this project was $700,000. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Ryan Contracting, Inc., has been reviewed by the Engineering Division and found to provide the best value and is in order for favorable Council action. ATTACHMENTS: • Bid Summary, page84--A . 61 U Q 0 M O .-+ t.) to� C (0 E a(U N � Ed Y d C fTC 0 j M O C) O U.�.a zz r •• q L m d O C 0 10 d D m d c tl 1 SA OIW, N .-4 O M 00 LO I- N m t0 O t0 ,LA-L M m Lf) Ln Ln LO 07 41 R W Ln t0 %0 Ln co C O O! C1 Ln l0 00 m Ln Ln Ln ko ko %D %.0 ko n L 44] 4,1] W Q L V U) t d t^O LLn � lk0 q- � 01 ao o0 oo co o0 o0 oo r< R IM Im Q m Ln O O O CL N Ln O N 00 1-1 fn CD to Ln M O 0� N n O t0 O n Ln Ln � � � � � F v C u O N CM V Cl E U U c o E u E ME 2 V fL0 ; Agenda Information Memo September 21, 2010 Eagan City Council Meeting M. CONTRACT 10 -10, SOUTH (CLIFF ROAD) WATER TREATMENT PLANT ACTION TO BE CONSIDERED: Award Contract 10 -10 (South Water Treatment Plant — Facility Upgrade & Maintenance Repair) to Magney Construction, Inc. for the Base Bid in the amount of $3,798,700 and accepting Alternate Bid No. 2 in the amount of a $60,000 deduct, for a total bid award of $3,738,700, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 10 -10 provides for the upgrade and rehabilitation of the south water treatment facility originally constructed in 1990 at the intersection of Pilot Knob Road and Cliff Road. The project consists of the following: restoration of the building's interior; modification of the water treatment process and related equipment; energy efficiency and waste reduction upgrades to the building envelope, HVAC system, electrical /lighting system, computer /automated operational controls and water treatment process equipment; surface treatment /protection (painting); worker safety enhancements; work station upgrades; chemical storage area modifications; regulated substance control; and security system enhancements, as approved and programmed in the CIP by the City Council on June 2, 2009, and June 1, 2010. • The water treatment plant has been programmed to be shut down from October 15, 2010, to April 15, 2011, during seasonal lower water demands. • On May 18, 2010, the Council authorized Bolton & Menk, Inc to prepare detailed plans and specifications, and authorized the competitive solicitation of bids using the Best Value Contracting Process. • At 2:00 p.m. on September 9, formal bids and technical performance proposals from each bidder were received for this project. • Alternate Bid No. 2 will delete the proposal to elevate the waste water valves up to the control panel level resulting in a deduct $60,000 from the base bid. While raising these valves is desirable for ease of maintenance, the cost exceeded staffs estimate and cannot be justified by the limited benefit provided for this infrequent maintenance operation. • The bid solicitation used the "Best Value" bidding process where each bidder's qualifications and experience in this type of work was reviewed and scored. Their personal score was then factored against their respective bids allowing the city to rank the "adjusted" bids for contract award consideration. However, using the Best Value process did not change the apparent low bidder determination due to the significant spread in the bids submitted and the high score allocated to the low bidder. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low Base Bid accepting Alternate No. 2 from Magney Construction, Inc., has been reviewed by the Engineering Division and found to provide the best value and is in order for favorable Council action. ATTACHMENTS: • Bid Summary, page 33 CONTRACT 10 -10 SOUTH WATER TREATMENT PLANT IMPROVMENTS BEST VALUE PROCUREMENT - TOTAL WEIGHTED SCORE CALCULATION Best Value Prices ($BVP) Contractor Magnet' Construction, Inc. Rice Lake Construction Group Graham Construction Services, Inc. Municipal Builders, Inc. Sheehy Construction Company Gridor Construction, Inc. TWS 1 0.92 0.94 0.82 0.92 0.86 0.89 Bids Received Base Bid 1 $3,798,7001 $4,182,0001 $4,345,0001 $4,413,3001 $4,801,3001 $5,055,617 Alternates No Name 1 Alt PS $850,000 $530,000 $537,000 $620,000 $727,000 $698,783 2 Alt WW $60,000 $62,000 $74,000 $80,000 $88,000 $81,000 3 Alt FI $45,000 $47,000 $56,000 $58,000 $60,000 $55,200 4 Alt AW $22,000 $32,000 $26,000 $37,000 $28,000 $25,060 5 Alt Drain $30,000 $42,000 $74,000 $50,000 $117,000 $35,000 Deduct /Add Combinations Base - Alt 1 $2,948,700 $3,652,000 $3,808,000 $3,793,300 $4,074,300 $4,356,83 Base -Alt (2 +3 +4) $3,671,700 $4,041,000 $4,189,000 $4,238,300 $4,625,300 $4,894,35 Base - Alt 1 +2 +3 +4 $2,821,700 $3,511,000 $3,652,000 $3,618,300 $3,898,300 $4,195,574 Base + Alt s $3,828,700 $4,224,06-0 $4,419,000 $4,463,300 $4,918,300 $5,090,61 Base - Alt 2 $3,738,700 $4,120,000 $4,271,000 $4,333,000 $4,713,300 $4,974,617 Engineer's Est. $4,416,500 % under Eng's Est. -15.3% Best Value Prices ($BVP) Base Bid $4,129,021.7 $4,448,936.1 $5,298,780.4 $4,797,065.2 $5,582,906.9 $5,680,468.5 Alternates No Name 1 Alt PS $923,913.04 $563,829.79 $654,878.05 $673,913.04 $845,348.84 $785,149.4 2 Alt WW $65,217.39 $65,957.45 $90,243.90 $86,956.52 $102,325.58 $91,011.2 3 Alt FI $48,913.04 $50,000.00 $68,292.68 $63,043.48 $69,767.44 $62,022.4 4 Alt AW $23,913.04 $34,042.55 $31,707.32 $40,217.39 $32,558.14 $28,157.3 5 Alt—Drain $32,608.70 $44,680.85 $90,243.90 $54,347.83 $136,046.51 $39,325.8 $BVP Deduct /Add Combinations Base - Alt 1 $3,205,108.7 $3,885,106.3 $4,643,902.4 $4,123,152.1 $4,737,558.1 $4,895,319.1 Base -Alt (2+3+4) $3,990,978.2 $4,298,936.1 $5,108,536.5 $4,606,847.8 $5,378,255.8 $5,499,277.5 Base - Alt 1 +2 +3 +4 $3,067,065.2 $3,735,106.3 $4,453,658.5 $3,932,934.7 $4,532,906.9 $4,714,128.0 Base + Alt s $4,161,630.4 $4,493,617.0 $5,389,024.3 $4,851,413.0 $5,718,953.4 $5,719,794.3 Base - Alt 2 $4,063,804.35 $4,382,978.72 $5,208,536.59 $4,710,108.70 $5,480,581.40 $5,589,457.30 G: \Council Agenda- Current Items \Cont 10 -10, bid attchmnt, 9 -21 -10 Ag, tc.xlsr $BVP Calculation 09/17/2010 Agenda Information Memo September 21, 2010 Eagan City Council Meeting N. CONTRACT 10 -16, SCHWANZ LAKE RAIN GARDENS ACTION TO BE CONSIDERED: Award Contract 10 -16 (Schwan Lake Rain Gardens) to Urban Companies for the base bid in the amount of $43,970.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 10 -16 provides for the continuation of the rain garden improvements within the nearly 30 acre direct drainage area north of Schwanz Lake that began last year (City Contract 09 -14). 9 rain gardens will be constructed under this contract to add to the original 10 constructed in this neighborhood last fall. Another 10 -11 rain gardens are anticipated to be constructed later this year or next spring. • On August 2, 2010, the City Council authorized these rain garden/water quality improvements for the Golden Meadow Neighborhood (City Project 1014), and authorized preparation of detailed plans and specifications, and authorized the competitive solicitation of bids. • At 10:30 p.m. on September 16, formal bids were received for this contract. The low bid is 39% below the Engineer's Estimate. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Urban Companies has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS- Bid Summary, page - BID SUMMARY Bid Date and Time: Thursday, September 16, 2010, 10:30 a.m. Project Name: Schwanz Lake 2010 Rain Garden Improvements Project Number: 1014 Contract Number: 10 -16 Contractor's Name Total Base Bid Urban Companies $44,970.00 Cedar Ridge Landscaping $44,995.65 Stocker Excavating $50,376.40 Septic Check, Inc. $64,473.12 Earth Wizards, Inc. $66,998.24 New Look Contracting, Inc. $71,330.00 Cobalt Contracting, Inc. $7400.00 Max Steinin er, Inc. $74,848.04 Peterson Companies $76,031.80 Min er Construction Inc. $76,744.05 Engineer's Estimante (EE): $71,854.01 Low Bid Under EE: 37% G: Projects & Contract Information/10- 16 /Bids/Bid Summary 3(p Agenda Information Memo September 21, 2010, Eagan City Council Meeting O. FINAL PLAT — KENNERICK 3RD ADDITION ACTION TO BE CONSIDERED: To approve a final plat (Kennerick 3rd Addition) upon approximately 0.92 acres for property located at 1413 Vince Trail, and legally described as Lot 1, Block 2, and Outlot C, Kennerick Addition. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ This property consists of two parcels (one lot and one outlot) that are in the same ownership. The existing lot contains a single family home. The outlot is vacant. ➢ The proposed plat creates two lots. Lot 1 is vacant and Lot 2 contains the existing single - family home. ➢ The proposed lots meet minimum dimensional standards for R -1 zoning, including setbacks from the existing house. ➢ Lot 2 will continue to take access off Lone Oak Road and Lot 1 will take access off Vince Trail to the north. ATTACHMENTS 2 Location Map, pa e ZS Final Plat, page, 3% F �ea ue v O jlpv C�t�OR" IL CL .A /�-7/ V/ V- ------------------------------------------- ----------------------------- L i EJ -------- -- ------- 4b, ------_____________ __ _ _ _ __J --------------------- I w zo, Zz.snw s VV — v v v 1177 JI 71 /1 V1 3? C=* C= cr 0 csz LAJ LU C—) LLJ C= Agenda Information Memo September 21, 2010 Eagan City Council Meeting P. PSA AGREEMENT WITH CBS OUTDOOR — CITY OF EAGAN ACTION TO BE CONSIDERED: Approve an agreement between the City and CBS Outdoor, Inc. to provide the City five (5) hours /month (2250 eight- second spots) for public service announcements on the billboard located on railroad r -o -w adjacent to Coca - Cola, west of I -35E and south of Hwy 55 in the NE' /4 of Section 3. FACTS: ➢ The Sign Ordinance allows conversions of static billboard signage to dynamic display signage provided the sign company either: A. reduces the number and size of billboard space they have in the City by an equal amount or B. the company provides the City five hours per month for public service messaging on the new dynamic display sign ➢ CBS Outdoor, Inc. is proposing to change -out the north face of the existing static billboard to a dynamic display sign and provide the City five hours of messaging per month. ➢ Upon approval by the City Council and execution of said agreement, the Sign Permit will be issued to allow CBS to convert the sign. ATTACHMENTS: (1) Location Map on page. Agreement is being finalized and will be distributed to the City Council 0 Location Map ill it �Iti1R 0 {�I �Ril- �� 1•�1�1� 1 L~ ak Rtl a �iri+ latimiiaiiolloil vllt•iI ErIra+io_ r I YenkeeDOOdla.Rtla Subject Site Jj I DiMeY Rd: KH ,¢. I -fl-FF7 Cliff Rd - OMap Area Extent a T!, Z H 2 CI a I I III Lexington Park Z Y Li b rc a f, SA- H-- NO261LOMEOAKROADI _... ..,.__- -____. _ _._.___. GSAH- NO' ?6l "LOM£OAF( -RD) J/ { 7 1 i oY onshine Park LL Feet 0 500 1,000 2,000 Legend bona City Boundary Parcels Parks Buildings N City of Eap Agenda Information Memo September 21, 2010 Eagan City Council Meeting Q. PSA AGREEMENT WITH CLEAR CHANNEL OUTDOOR — CITY OF EAGAN ACTION TO BE CONSIDERED: Approve an agreement between the City and Clear Channel Outdoor, Inc. to provide the City five (5) hours /month (2250 eight- second spots) for public service announcements on the billboard located on 3.5 acres north of Hwy 13 and east of Hwy 77 (Cedar Ave) in the SW '/4 of Section 18. FACTS: ➢ The Sign Ordinance allows conversions of static billboard signage to dynamic display signage provided the sign company either: A. reduces the number and size of billboard space they have in the City by an equal amount or B. the company provides the City five hours per month for public service messaging on the new dynamic display sign ➢ Clear Channel Outdoor, Inc. has changed -out the north and south faces of the existing static billboard to a dynamic display sign and will provide the City five hours of messaging per month/per face. ➢ The Sign Permit for the change -out was issued before the subject agreement had been drafted and executed. ATTACHMENTS: (2) Location Map on page 1_�3 . Agreement on pages through _.'_/a Location Map '� � L � •k d yok•. Dooel .Ra Fort, Snel Iing.State.Park Diflley Rd I✓ CIiHRd Map Area Extent Subject Site 7 V \y a SL/ER BELL RD SILVER BELL ROAD Y 1 0 P O y� I Z �.O ,,, «•�'� � nip mo Woodhaven Park E:71 t9 e b O IJ OIJ( IS T AIL r � j h o ,P N I J NE O Y 0y to / i �~ O z � Feet 0 500 1,000 2,000 Legend J =um City Boundary Parcels ,\ Parks ' \ \1 Buildings N City of EaRaf PUBLIC SERVICE AND COMMUNITY MESSAGING AGREEMENT THIS AGREEMENT is dated , 2010 ( "Effective Date "), by and between Clear Channel Outdoor, Inc., a Delaware corporation, ( "the Company ") and the City of Eagan, a Minnesota municipal corporation ( "the City "), and together collectively referred to as the "Parties." WHEREAS, the Company desires to have a dynamic display sign within the City pursuant to Eagan City Code Section 11.70, Subd. 28 (K)(4)(B); and WHEREAS, the Company has obtained and complied with all permit requirements for having a dynamic display sign with the City; and WHEREAS, the City desires to use up to 5 hours of advertising per month on the dynamic display sign pursuant to the terms set forth below. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, the Company and the City intending to be legally bound hereby agree as follows: 1. Allowed Signs. The Company shall be allowed to have within the City the enhanced dynamic display sign(s) as listed in Exhibit A, (the "Sign ".) The Company shall comply with all permit and zoning requirements not otherwise addressed in this Agreement. 2. Required Announcements. The Company agrees to reserve up to 5 hours (2250 eight- second spots) per month for community and public service messages on the SignfThe '1�n City shall be solely responsible for the design and development of the message. The City will provide the Company reasonable advance notice for any message it desires to be displayed. The City may delegate to another governmental entity a portion of the time for community and public service announcements, but such delegation shall not make the delegate a beneficiary of this paragraph or otherwise entitle that entity to bring an action to enforce this paragraph. Such enforcement rights shall at all times remain with the City. 3. Timing of Announcements. The Company shall deliver the community and public service messages for the City during the same time periods and in the same manner as its paid advertisers would be displayed. The community and public service messages shall be displayed as eight- second spots delivered throughout a 24 -hour period of time. The community and public service messages shall be incorporated into one of the 8 or 9 rotation segments and shall be displayed every 64 or 72 seconds, or at a similar rotation that correlates with a paid advertiser's schedule. The community and public service messages shall be distributed throughout a 24 -hour period and shall not be relegated to the midnight to 6:00 a.m. frame as the only time of delivery. 4. Unused Announcement Time. Display time not used by the City in any month will be forfeited, and will not carry into another calendar month. 5. Breach. If the Company fails to provide the community and public service messages as required by this Agreement, the City may, in its discretion, require the Company to limit the rotation of messages displayed on the Sign by requiring a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign, until such time as the Company provides the community and public service messages outlined in this Agreement. 6. Limitation of Liability. Neither Party shall be liable to the other Party for any special, incidental, indirect, punitive or consequential damages, whether foreseeable or not, arising out of, or in connection with the other Party's: (1) failure to perform its respective obligations pursuant to this Agreement; or (ii) breach of its respective representations pursuant to 45— this Agreement, including, but not limited to, loss of profits or revenue (whether arising out of transmission interruptions or problems, any interruption or degradation of service or otherwise), cost of capital, or claims of customers, in each case whether occasioned by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by, the other Party or any other cause whatsoever, including breach of contract, breach of warranty, negligence, or strict liability, all claims with respect to which such special, incidental, indirect, punitive or consequential damages are hereby specifically waived. 7. Force Majeure. Neither Party shall be in default under this Agreement if and to the extent that any failure or delay in such Party's performance of one or more of its obligations hereunder is caused by any of the following conditions, and such Party's performance of such obligation or obligations shall be excused and extended for and during the period of any such delay: act of God; fire; flood; wars, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected. The Party claiming relief under this Article shall notify the other in writing of the existence of the event relied on and -the cessation or termination of said event. 8. Alteration in Writing. This Agreement supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. No alteration or variation of this Agreement shall be valid unless made in writing and signed by the Company and the City. 9. Termination. This Agreement shall continue until the Company, or its assigns, no longer operates the Sign in a manner that allows public service messaging or in the event that Company sells the Sign. In the event the Company terminates operation of the Sign, it shall provide the City with at least ninety days notice prior to such termination in a manner that allows 10 for public service messaging. Should the Sign remain in existence following the Company's termination of operations, the rotation of messages displayed on the Sign shall be limited to a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign or such other time intervals as allowed under Eagan City Code. 10. Assignment. In the event that Company sells or transfers the Sign to another entity, this Agreement shall remain in effect only if the transferee provides written acknowledgement to the City prior to the transfer that it agrees to be bound by the terms of this Agreement. Should the Sign remain in existence after a transferee fails to provide the above written acknowledgement, the rotation of messages displayed on the Sign shall be limited to a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign or such other time intervals as allowed under Eagan City Code. 11. Notice. Any notice required hereunder shall be in writing and shall be addressed as follows: The Company: Thomas McCarver Clear Channel Outdoor, Inc. 3225 Spring St. NE Minneapolis, MN 55413 with a copy to: Marvin A. Liszt Bernick, Lifson, Greenstein, Greene & Liszt, P.A. 5500 Wayzata Blvd., Ste. 1200 Minneapolis, MN 55416 4 //7 The City: City of Eagan Tom Hedges, City Administrator Tom Garrison, Communications Director 3830 Pilot Knob Road Eagan, MN 55122 with a copy to: Michael G. Dougherty, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN. 55124 or to such other address as a Party may indicate in a written notice to the other. All notices and communications given under this Agreement shall be deemed to have been duly given and received: (i) upon personal delivery, or (ii) as of the third business day after mailing by United States mail, postage prepaid, addressed as set forth above, or (iii) the immediately succeeding business day after deposit (for next day delivery) with Federal Express or other similar overnight courier system, or (iv) 24 hours after facsimile transmittal with confirmation of receipt and followed by personal delivery, United States mail, or overnight delivery as specified in this Paragraph. 12. Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota excluding its conflict of law rules. All proceedings related to this Agreement shall be venued in the State of Minnesota. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. THE COMPANY: Clear Channel Outdoor, Title:, jvj9vj- 6 �9 THE CITY: City of Eagan By: Mike Maguire Its: Mayor By: Maria Petersen Its: Clerk EXHIBIT A South facing sign 3700 Nicols Road Eagan City Code off - premise sign, Table A, No. 6 Lat /Long: 44.82126° N 93.22364 °W USNG: 15T VK 82319 63119 Agenda Information Memo September 21, 2010, Eagan City Council R. RELEASE OF DOCUMENTS (CROSSROADS OF EAGAN) ACTION TO BE CONSIDERED: To approve release of certain declaration of restrictive covenants for Crossroads of Eagan located at the southeast corner of Denmark Avenue and Duckwood Drive. REQUIRED VOTE FOR APPROVAL: Majority of Council members present. FACTS: ➢ The Crossroads of Eagan subdivision is located at the southeast corner of Denmark Avenue and Duckwood Drive, and consists of eight 4 -unit townhomes. ➢ The development was platted in 1984 and the homes were constructed in 1985. ➢ The project was developed using City bond financing. The use of such bonds required that a certain number of the units be made available to residents of low /moderate income. ➢ The current owner is refinancing, and the Title Company is requesting a release from the declarations that were filed against the property with the bond financing. ➢ The City's bond counsel reviewed this request and found that the covenants can be tenninated. Thus, the request for release is in order for City Council approval. ➢ Once executed, the Certificate of Termination will be delivered to the Trustee, to be held until the bonds have been paid in full. Final payment of the bonds is anticipated to occur on September 30, 2010. ATTACHMENTS L: Location Map, page�; l Qto1 �e5'�• �e� W, xolt Consent Agenda September 21, 2009 City Council Meeting S. AWARD bid for the Civic Arena West Training Space Construction to Morcon Construction, Inc. in the amount of $343,969. ACTION TO BE CONSIDERED: To award the bid for the build out of the Civic West Arena West Training Space to Morcon Construction, Inc., pending final review by the architect, and authorize the Mayor and City Clerk to execute the appropriate documents. FACTS: • Staff was directed to investigate opportunities to make enhancements to the space made available after the replacement of the Civic West Arena floor, based on partnership interest expressed by the Eagan Hockey Association. • In order to determine the cost associated with a potential training space preliminary architectural estimates came in near the $500,000 range with the understanding that these costs might be improved with actual bids. • Formal plans and specifications were completed, and bids were solicited and opened on September 14. • At the bid opening there were 17 formal bids submitted ranging from $343,969 to $471,020 with completion dates from 8 -13 weeks. • The preliminary retail estimates based on the final architectural drawings were in the $600,000 range. • The bids offered 3 alternates: • Alternates 1 and 2 were additions to complete the painting of the underside of the precast structure that would be viewable to the public. Staff wanted the option to do this in house if the cost was too high. The total cost for these two additions was $3,400. • Alternate 3 was a deduction if the decision was made to use existing lighting and move it to various other locations within the newly enclosed space in the amount of ($2,271). The architect felt that for the little amount of this deduction it would be more beneficial to keep the old lights for replacement in other areas of the buildings and to have consistent energy saving lighting in the new space. COSTS • A breakdown of the construction includes: • General Construction bid package: $340,569 • Alternate 1 (painting precast) 600 • Alternate 2 (painting underside of precast) 2,800 • Architectural fees and construction management: 30,000 $373,969 93 FUNDING • In general, the City will advance the necessary construction funds from the Community Investment Fund (CIF) to the Civic Arena Fund. The annual payment stream from the Eagan Hockey Association (EHA) will repay the CIF advance. • The EHA will receive a certain amount of hours of use per year at no cost as a result of its funding of the project. • Staff is working with the Eagan Hockey Association to finalize the financial partnership they are interested in pursuing. The Hockey Association remains a very strong supporter of the Eagan Civic Arena and is very anxious to have this training space up and operational this year. • The City has engaged in successful financial partnerships with the EHA in the past including the construction of the East Arena. ATTACHMENTS: • Bid tabulation FL, a) rn (0 d C O v E 3 cL N O r- N O U ' do �o Q N c C � _ d C � L E CL H w N d a) CO) !Q � C Q .G. 00 U in C O fn cn cn cn cn fn cn cn fn N fn N O7 Cl) O N to (n Y cn Y Y Y Y Y Y Y Y Y Y Y Y Y E n Y Y O Y N a) 0) a) O a) O () a) O a) a) N E a) O a) a) N O a) N O a) a) O a) O a) a) a) O 0) a) a) 3 3 3 3 3 3 3 3 3 3 U 3 3 O 3 O N O N O M N O N N N M O Oi r I o') T T r T r I r I T r T r T T O O O O O N O O O O O O O O O O Il- O O O O O r O O O O O O O O Cl O N N 00 N 00 I� O 00 � LO 00 Il- N � OD 00 00 a2 t N N - r - T - r - T - r - T - r - T - T - r N - r - T - r - T N 7 C � N � Q O O O O O O U-) O O O O O O O O O O O M O O O O 00 O LO O O O O 00 O O LO N 00 N 00 O r O LO O LO LO O M T O i0 M N N M N - M M M M M I-f M V M M M m � Q a� Q O O O O O O O O LO O O O O O O O O M O O Il- LO O O O N O O LO CO LO O � co LO 00 O LO f- 00 00 f- 00 00 f- I- I` I` O ti N r N r r r m 'O Q N Q O LO O O O O U') O O O O O O O O O O (O 00 O O O N Cl) 00 O O O O O O O O O LO a) O O O co V N cf Co (D O O (3) O - O - 0) - - O V - N - M - V - O- Ln O V - M - M - M - Ni Ili G � ( LO Il- I- r- � OD O On O T r T r T N CO Cl) Cl) Cl) M M M M Cl) Cl) d' IT qq Iq It m N m m T C D CD L) U p) 0 O W 0 C _ W m X X X X X X X X X X X X X X X X X N C N N Q) � O Q X X X X X X X X X X X X X X X X X 3 C C Y C U N Q O Q X X X X X X X X X X X X X X X X X O 0 0 d C C V U U (n U C 0 U V5 in i O � a) C c 7) U N cn O U O U c O 7 cr 3 O O 3 to (j O U 6 m c � U c O U c o cn a) a) LM c c cu C O (� J 0 N a) i O G U Y � N •N O O J O m a) Q cu N j (0 a) N Q' tZ Q' U U LLI tl J (7 �O (n r N M 'IT LO (O Il- 00 0) O r N M 'IT U') (0 I- r T T T T r T T 55" Consent Agenda Information Memo September 21, 2010, Eagan City Council Meeting CONSENT AGENDA: T. Grant Resolution for Dakota Traffic Safety Grant ACTION TO BE CONSIDERED: Approval of a resolution allowing the City of Eagan to continue its participation in the Dakota Traffic Safety Program through 2011 FACTS: • The grant allows the city to obtain reimbursement for personnel overtime expenses to participate in saturation patrols to detect impaired driving in Dakota County. • The grant is shared by all law enforcement agencies in Dakota County. • Throughout the year, police officers from each participating agency work together to target an area in the county that has been identified as having the potential for an increased incidence of drunk driving violations. • The City of Eagan has participated in this initiative since 2005. • The City of Eagan will be the fiscal agent for this project for one year. ATTACHMENTS: Proposed Resolution on page ;7^'. ��4 CITY OF EAGAN RESOLUTION A RESOLUTION AUTHORIZING THE CITY OF EAGAN TO ENTER INTO A GRANT AGREEMENT WITH THE DAKOTA COUNTY TRAFFIC SAFETY GROUP October 1, 2010 to September 30, 2011 WHEREAS, the City of Eagan desires to participate in the Dakota County Traffic Safety Group Grant Project. WHEREAS, the State of Minnesota requires a resolution of the City Council to participate. WHEREAS, the City has entered into previous grants to provide increased traffic enforcement and educational activities. WHEREAS, the City has partnered with other Dakota County law enforcement agencies to increase traffic safety in the community. WHEREAS, the City will partner with the 11 other government entities in Dakota County to increase traffic safety. WHEREAS, the City Councilors of the City of Eagan have duly considered this matter and believe that it is in the best interests of the City to enter into a grant agreement with the OTS through the DCTSG to provide enhanced traffic enforcement. NOW THEREFORE, BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. ADOPTED this 21 st day of September 21, 2010 ATTEST: City Clerk Mayor 57 Grant Agreement Pagel of 3 Minnesota Department of Public Safety ( "State ") Grant Program: Office of Traffic Safety 2011 Pilot County Enforcement Project 444 Cedar St St Paul, MN 55101 Grant Agreement No.: 9200 -2954 Grantee: Grant Agreement Term: Eagan Police Department Effective Date: 10/1/2010 3830 Pilot Knob Road Expiration Date: 9/30/2011 Eagan, MN 55122 Grantee's Authorized Representative: Grant Agreement Amount: Sgt. Dan Tocko Original Agreement $ 146,000.00 3830 Pilot Knob Road Matching Requirement $ 0 Eagan, MN 55122 651- 675 -5700 dtocko ci ofea an.com State's Authorized Representative: Federal Funding: CFDA 20.600, 20.601 and 20.602 Jody Oscarson State Funding: Department of Public Safety Special Conditions: Attached and incorporated into Office of Traffic Safety this grant agreement. See page 3 444 Cedar St St Paul, MN 55101 (651) 201 -7069 Jody. oscarson state.mn.us Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant agreement. Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later. Once this grant agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee will: Perform and accomplish such purposes and activities as specified herein and in the Grantee's approved 2011 Pilot County Enforcement Project Application ( "Application ") and Work Plan which are incorporated by reference into this grant agreement and on file with the State at 444 Cedar St, Suite 150, St. Paul, MN, 55101. The Grantee shall also comply with all requirements referenced in the 2011 Pilot County Enforcement Project Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines which are incorporated by reference into this grant agreement and on file with the State at 444 Cedar St, Suite 150, St. Paul, MN, 55101. Budget Revisions: The breakdown of costs of the Grantee's Budget is contained in Exhibit A, which is attached and incorporated into this grant agreement. As stated in the Grantee's Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.) As stated in the Grantee's Application, the Grantee certifies that the matching requirement will be met by the Grantee. Payment: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for thgservices actually performed and the State's Authorized DPS Grant Agreement non -state (05/09 P) .•.-JJ �Vj Grant Agreement Page 2 of 3 Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. Signed: Date: Grant Agreement No. 9200 -2954 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: DPS Grant Agreement non -state (05/09 P) 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: DPS/FAS Grantee State's Authorized Representative Grant Agreement Page 3 of 3 Special Conditions Fiscal Agent: The Eagan Police Department is the Fiscal Agent for: Dakota County Sheriff's Office Apple Valley Police Department Burnsville Police Department Farmington Police Department Hastings Police Department Inver Grove Heights Police Department Lakeville Police Department Mendota Heights Police Department Rosemount Police Department South St Paul Police Department West Saint Paul Police Department Ni DPS Grant Agreement non -state (05/09 P) Grant Agreement Exhibit A Page 1 of 1 Dakota County Budget Enforcement Activity CFDA Number Total Funding Impaired Driving Enforcement 20.601 $107,800.00 Passenger Protection Enforcement 20.602 $4,004.00 20.600 $21,996.00 Total $26,000.00 Total Enforcement $133,800.00 Administration 20.601 $6,700.00 Dispatch 20.601 $5,500.00 Total Funding $146,000.00 6/ DPS Grant Agreement non -state (05/09 P) CERTIFICATION REGARDING LOBBYING For State of Minnesota Contracts and Grants over $100,000 The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, A Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, Disclosure Form to Report Lobbying in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization Name Name and Title of Official Signing for Organization an Signature of Official Date ►" Agenda Information Memo September 21, 2010 Eagan City Council Meeting PUBLIC HEARING A. WESCOTT WOODLANDS RIGHT -OF -WAY VACATION ACTION TO BE CONSIDERED: Approve the vacation of the public right -of -way known as Wescott Woodlands, reserving the trail, drainage and utility easements, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • As part of the City Council's consideration of the Plan Development Amendment and Preliminary Subdivision application for the Stonehaven development, public discussion included inquiries from adjacent neighbors regarding their interest in the vacation of the portion of Wescott Woodlands that is unimproved and currently serves as a gravel driveway access to three residences and a public trail connection to Wescott Hills Drive to the south. Said right -of -way is directly adjacent to the east boundary of the Stonehaven development and was originally dedicated as part of the Wescott Gardens and Wessel Ponds Additions, It provides for the potential connection of the improved portions of Wescott Woodlands and Wescott Hills Drive. • On March 16, 2010, the City Council received a petition from three residents, Don and Carol Hesse (3536 Wescott Woodlands), Tony and Lynn Vinge (3544 Wescott Woodlands) and Fred Wessel (3590 Wescott Woodlands), requesting the vacation of existing public right -of -way adjacent to their property, located south of the future intersection of Duckwood Dr. and Wescott Woodlands and scheduled a public hearing to be held on May 18. • On March 29, 2010 the Dakota County Plat Commission took formal action to not require the connection of Wescott Woodlands to Wescott Hills Drive as part of the County's plat approval of the Stonehaven development. • On January 18, 2000 the City Council considered the improvement of this unimproved portion of Wescott Hills Dr. and connecting the two existing cul -de -sacs. After significant public objections, the City Council determined that the cul -de -sacs would not be connected and eventually changed the name of the north cul -de -sac to Wescott Woodlands (formerly known as Wescott Hills Drive). • The portion of the Wescott Woodlands right -of -way proposed to be vacated accommodates existing public and private utilities and a public trail, but is privately maintained as a private driveway access to the 3 properties. • The expressed purpose of the most recent requested vacation is to prevent any future interconnection and discourage undesirable activities within the unimproved right -of- way south of the existing Wescott Woodlands cul -de -sac. • Any vacation of the right -of -way must preserve the existing drainage and utility easements as well as the public trail easement along this corridor. • The use of this existing unimproved right -of -way as driveways for the three properties also provides compliance with the City ordinance requiring public right -of- way frontage for platted property. • On May 18, 2010 the City Council held the Public Hearing to consider vacating only the most southerly 10' portion of the right -of -way (adjacent to Wessel Ponds Addition). This proposal would have prevented the future interconnection to Wescott Hills Drive, while the remainder of the right -of -way would remain intact and allow the driveway access use to continue without conflicting with City ordinances. The petitioners objected to limiting the right -of -way vacation to only the southerly 10 -foot length, based on their concerns that the undesirable activities within the remainder of the Wescott Woodlands public right -of -way would continue. The City Council continued consideration of the right -of -way vacation until September 21 to allow time for City staff and the neighborhood to reach specific agreements in light of the issues raised. It was also agreed that the Public Works Committee would review the issues if necessary. • City staff has met with the petitioners and reached agreement on the extent of the right -of -way vacation that will accommodate the City ordinance requiring frontage of platted property to be adjacent to public right -of -way for possible future subdivision of the properties. • The east 30 feet of the 60' right -of -way (adjacent to the petitioners property) is now proposed to be vacated, while still reserving the public drainage and utility easements. A new meandering trail will be constructed by the Stonehaven developer within portions of the remaining westerly 30' half right of way and portions of the eastern edge of the development. • An option agreement between the Hesses and Vinges will be executed providing for future use of the vacated right -of -way adjacent to the northerly Hesse property as public right -of -way, if needed, upon future subdivision of the southerly Vinge property. Private access agreements between all three petitioning property owners providing for access on the gravel driveway within the vacated right -of -way will also be executed. • All notices were published in the legal newspaper and sent to all potentially affected private utility owners informing them of the original public hearing. No objections have been received to date. • With these inter - property agreements resolved, this modified vacation request has been reviewed by the Engineering Division and City Attorney's office and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page • Proposed Easement Vacation, page�Q �� M_ u� O ry m O Z Y H O IV 41vk- City of Eap Engineering Department WESCOTT DIFFLEY ROAD CLIFF O ou Wescott Woodlands Proposed ROW Vacation Location Map &5-- ti W 0 w ti M } =I Tir�K- Fig. 1 17/201c Q Z 0 a U a Z J 3 0 U N W 3 s LD C 0 u E7 E 0 C5 LD N X 0 z Q 0 0 0 U Ln w ►J 30' LEGEND O PROPOSED R/W VACATION (PRIVATE EASEMENT AGREEMENT) I HESSE #3536 ,I ( R/W OPTION AGREEMENT) y f� STONEHAVEN 1st Add VINGE #3544 G 3 of 3,Lo �I SW COR LOT 3 J_ Z OWESSEL Ln #3590 3 and N addition � es5e` P // 0 Wescott Woodlands ROW Vacation City of Eap Fig. 2 Engineering Department Vacation Exhibit �j o ti,��s DR // 0 Wescott Woodlands ROW Vacation City of Eap Fig. 2 Engineering Department Vacation Exhibit �j Agenda Information Memo September 21, 2010, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT, PRELIMINARY AND FINAL SUBDIVISION (LONE OAK 3RD ADDITION) — NWA REAL ESTATE HOLDING COMPANY, LLC ( DELTA AIRLINES) ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Planned Development Amendment to renew the term of the PD Agreement, change parcel boundaries and clarify allowable square footage for future development on proposed Lot 1 and Outlot A, Lone Oak 3rd Addition, upon approximately 86 acres located south of I- 494 /0'Neill Drive and east of Lone Oak Parkway, subject to the conditions listed in the APC minutes. To approve (OR direct findings of fact for denial) a Preliminary Subdivision (Lone Oak 3rd Addition) to create one lot and three outlots upon approximately 125 acres located south of I- 494 /0'Neill Drive and east of Lone Oak Parkway, subject to the conditions listed in the APC minutes. To approve a Final Subdivision (Lone Oak 3rd Addition) to create one commercial lot and three outlots upon approximately 125 acres located south of I- 494 /0'Neill Drive and east of Lone Oak Parkway, subject to the conditions of Preliminary Subdivision approval. REQUIRED VOTE FOR APPROVAL: ➢ PD Amendment = At least three votes ➢ Preliminary and Final Subdivisions = Majority of Councihnembers present FACTS: ➢ The site consists of approximately 125 acres located south if I- 494 /0'Neill Drive and east of Lone Oak Parkway, and contains an existing 273,000 SF multi -story office building (former NWA headquarters). ➢ The proposed Subdivision creates one lot and three outlots. The purpose of the subdivision is to allow for the sale of the existing building and its associated parking areas. No new development is proposed at this time. ➢ Right -of -way will be dedicated north of proposed Lot 1 for a future east -west public street through the site. Until the public street is constructed, the existing private street will continue to provide access to Lot 1 and the training facility located east of the subject site. The proposed Planned Development Amendment • renews the term of the PD for 10 years • changes the parcel boundaries within the Planned Development WA o reallocates the 500,000 square feet of allowable development to the new Lot I (total of 325,000 s.£), Outlot A (41,152 s.£) and Outlot C (133,848 s.£). Outlot B lies outside of the boundaries of the Planned Development and is not proposed for rezoning. Outlot B is currently zoned A, Agriculture, and will remain so at this time. ➢ Wetland delineation has been provided for the large wetland south of the existing building. Conservation easement is being provided over the wetland and wetland buffer area consistent with City Code requirements. ➢ Park dedication was previously satisfied for Lot 1; cash park and trail dedication will be due for outlots with future development. ➢ The Advisory Planning Commission held a Public Hearing regarding the proposed Preliminary Subdivision on August 24, 2010 and is recommending approval. All documents and Agreements associated with the Final Subdivision are anticipated to be received and in order for execution at the City Council meeting. ISSUES: None 60 AND 120 -DAY AGENCY ACTION DEADLINES: PD Amendment (60 days) - October 3, 2010 Preliminary Subdivision (120 days) - December 2, 2010 Final Subdivision — not applicable ATTACHMENTS (4): Location map on page Final Plat, page M August 24, 2010 APC minutes on paves. 71 through Staff report on pages'74 through _ Wo Location Map A RE IL • Yankee . Doodl .Rtl' piflleJR Cli( 1 -494 j Mendota Heights „� u.,,.,,�, Map Area Extent Eagan s i �F 09 kq Subject Site NO RTH �YFST'aZ G i c O F O O 't ha'1a Lak FT ..�..,_.. , a«.... y........ __._._�._._.,.__- .........._G.S N0.2o.iLGNcOAKRG;. ........._..._..._..,...<_..---_.__. ...- ._...�___.�...y__.o.�._._., • Feet Project Name: Lone Oak 3rd Addition 0 500 1,000 2,000 Request: Preliminary Subdivision /PD Amendment Legend Case Nos.: 01-PS-05-07-10&01-PA-06-08-10 je„I PM„t; City Boundary Parcels Parks Buildings N City of Eap ! ------------- CI - -- ------------ ui r7o ED LU LU ('Vl- 9-1 oo.G,6 t2 r7o ED LU LU ('Vl- 9-1 oo.G,6 r7o ED LU LU ('Vl- Advisory Planning Commission August 24, 2010 Page I of 5 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA August 24, 2010 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, August 24, 2010, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Chavez, Members Daley (arrived at 6:33 p.m.), Dugan, Piper, Heaney, Filipi, Supina, and Jansma. Also present were, Director of Community Development Jon Hohenstein, Planner Pam Dudziak, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille Austad. AGENDA Member Heaney moved, Member Filipi seconded a motion to adopt the Agenda. A vote was taken. All voted in favor. Motion carried 7 -0. July 27, 2010, ADVISORY PLANNING; COMMISSION MEETING MINUTES Member Filipi moved, Member Heaney seconded a motion to approve the July 27, 2010, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 7 -0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Lone Oak 3rd Addition Applicant Name: Delta Air Lines Inc. Location: 2700 & 2800 Lone Oak Parkway; Application: Planned Development Amendment A Planned Development Amendment to change parcel boundaries and clarify allowable square footage for future development on Lot 1 and Outlot A. File Number: 01- PA- 06 -08 -10 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 125 acres to create one lot and two outlots. File Number: 01- PS- 05 -07 -10 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 18, 2010. She noted the background and history. Planner Dudziak explained that the subdivision exhibit before the Commission had been updated since the preparation of the staff report. Where the original exhibit showed a one lot and two outlots, the plan has been revised to allow for the inclusion of a public street from east to west through the property, which resulted in the creation of an additional outlot. q/ Advisory Planning Commission August 24, 2010 Page 2 of 5 Mark Anderson, Civil Engineer, MFRA Inc. discussed the allocation of future development square footages based on client needs and land area of the respective parcels. Director Hohenstein explained that the square footage allocations and other development details relating to the vacant land would be further addressed and refined through the planned development amendment and subdivision reviews that would be necessary for those portions of the site to be developed in the future. 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 moved, Member seconded a motion to recommend approval of a Preliminary Subdivision of approximately 125 acres to create one lot and two outlots upon approximately 125 acres located south of 1- 494 /0'Neill Drive and east of Lone Oak Parkway, subject to the following conditions as amended: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B3, B4 2. The property shall be platted. 3. This subdivision shall dedicate the public right -of -way needed for the construction of a roadway from Northwest Parkway to the eastern edge of the subdivision, in accordance with City engineering standards. The plat shall be revised to show this right -of -way prior to final subdivision approval. 4. The developer shall grant temporary construction easements, in a form acceptable to the city attorney for the construction of the future roadway. 5. Any future proposals to impact the wetland on site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall specifically be according to Eagan City Code §11.67 Subd. 5, Wetland Sequencing and Replacement Requirements and Eagan City Code §11.67 Subd. 11, Wetland Submittal Requirements. 6. In accordance with Eagan City Code § 11.67 Subd. 6 for the "Protect" wetlands, there shall be a 60 -foot minimum Wetland Buffer (20% added to 50 -foot minimum width requirements because wetland's adjacent slopes are 6% or greater). The applicant and/or landowner shall dedicate a conservation easement over the lands associated with the wetland and the Wetland Buffer. 7. Wetland Buffer Vegetative Requirements shall comply with Eagan City Code §11.67 Subd. 7 8. The Wetland Buffer shall be protected in accordance with Eagan City Code §11.67 Subd. 8. 9. In accordance with Eagan City Code § 11.67 Subd. 9, the applicant and /or landowner must place markers at the upland edge of the Wetland Buffer at least every 75 feet. Wetland Buffer Markers will be provided by the City. 10. Any future development of the site shall have wetland setbacks in accordance with Eagan City Code §11.67 Subd. 10. All voted in favor. Motion carried 7 -0. Member Daley moved, Member Heaney seconded a motion to recommend approval of a Planned Development Amendment to renew the term of the PD Agreement, change parcel boundaries and clarify allowable square footage for future development on proposed Lot 1 and / aj Advisory Planning Commission August 24, 2010 Page 3 of 5 Outlots A and C, Lone Oak Td Addition, upon approximately 86 acres located south of 1- 494 /0'Neill Drive and east of Lone Oak Parkway, subject to the following conditions as amended: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. This Planned Development allows for a total building area of 325,000 SF for office uses upon Lot 1, Block 1, Lone Oak 3rd Addition, and up to 175,000 SF of future office development upon Outlot A, Lone Oak 3rd Addition. 3. Any further development on Lot 1 or Outlots A and C shall require a Planned Development Amendment together with the following exhibits: a. Site plan b. Landscape plan c. Building elevation plans d. Utility Plan e. Site Lighting Plans 4. This Amendment shall supplement and amend all prior Planned Development Agreements, including Preliminary Planned Development Agreements. 5. The term of this Agreement shall be 10 years. 6. Any future proposals to impact the wetland on site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall specifically be according to Eagan City Code § 11.67 Subd. 5, Wetland Sequencing and Replacement Requirements and Eagan City Code §11.67 Subd. 11, Wetland Submittal Requirements. 7. In accordance with Eagan City Code §19.67 Subd. 6 for the "Protect" wetlands, there shall be a 60 -foot minimum Wetland Buffer (20% added to 50 -foot minimum width requirements because wetland's adjacent slopes are 6% or greater). The applicant and /or landowner shall dedicate a conservation easement over the lands associated with the wetland and the Wetland Buffer. 8. Wetland Buffer Vegetative Requirements shall comply with Eagan City Code §11.67 Subd. 7 9. The Wetland Buffer shall be protected in accordance with Eagan City Code §11.67 Subd. 8. 10. In accordance with Eagan City Code §11.67 Subd. 9, the applicant and /or landowner must place markers at the upland edge of the Wetland Buffer at least every 75 feet. Wetland Buffer Markers will be provided by the City. 11. Any future development of the site shall have wetland setbacks in accordance with Eagan City Code § 11.67 Subd. 10. All voted in favor. Motion carried 7 -0. Director of Community Development Jon Hohenstein discussed the history of the property, stating the parcel has been considered for several major developments over the years. '73 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 18, 2010 APPLICANT: NWA Real Estate Holding Co., LLC PROPERTY OWNER: Same CASE: 01- PA- 06 -08 -10 01- PS- 05 -07 -10 HEARING DATE: August 24, 2010 APPLICATION DATE: Aug. 4, 2010 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak Planned Development Amendment LOCATION: S of I- 494 /0-Neill Drive and E of Lone Oak Parkway COMPREHENSIVE PLAN: MO, Major Office ZONING: PD, Planned Development and A, Agriculture SUMMARY OF REQUEST Delta Airlines is proposing a Preliminary Subdivision (Lone Oak 3rd Addition) of approximately 125 acres to create one lot and two outlots, consisting of several platted and unplatted parcels south of I- 494 /0'Neill Drive and east of Lone Oak Parkway. Also proposed is a Planned Development Amendment to renew the term of the Planned Development, change parcel boundaries and clarify allowable square footage for future development on proposed Lot 1 and Outlot A, Lone Oak 3rd Addition, for that portion of the subject site currently zoned Planned Development. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. 't� Planning Report — Lone Oak 3`d Addition August 24, 2010 Page 2 C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development Amendment: 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 affirmative vote of two - thirds of all members of the council. is- Planning Report — Lone Oak 3`d Addition August 24, 2010 Page 3 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 Site Description The subject site consists of approximately 125 acres located south of I- 494 /0'Neill Drive and east of Lone Oak Parkway. The property consists of Lot 1, Block 1, Lone Oak; Outlot A, Lone Oak 2nd Addition; and several unplatted parcels extending to the north up to O'Neill Drive. An exception to the plat is the Dakota Communities property, which is located south of O'Neill Drive, and otherwise surrounded by the subject site. Platting The plat of Lone Oak Addition in 1985 created one lot (former NWA headquarters building) and several outlots. Lone Oak 2nd Addition in 1987 split one of the outlots ( Outlot M) and created one lot (NWA training facility) and one outlot which now lies south of the former NWA headquarters building. The northern portion of the subject site is unplatted. Land Use /Comprehensive Guide Plan Earlier this year, the City adopted a Comprehensive Land Use Guide Plan that designates the site as Major Office, which is described as a "mix of corporate office buildings, research and development facilities, educational /vocational institutions, and hotels." Before that, the property was designated a Special Area with a specific land use designation of Office /Service. Earlier comprehensive plans designated the property as Commercial Planned Development. Zoning The southern approximately 2/3 of the site (Lot 1, Block 1, Lone Oak, and Outlot A, Lone Oak 2nd Addition) is located within the 452 -acre Laukka -Beck PD which received preliminary approval on February 19, 1985 for a term of ten (10) years. While the 10 -year term of the PD has expired, the PD has not been terminated. The Laukka -Beck PD Agreement called for the establishment of office /retail, office retail /showroom, and research and development uses throughout the PD area, and identified a total of 500,000 SF of office development for that portion of the PD within the boundaries of the present proposal. The northern unplatted portions of the subject site are zoned A, Agriculture, and are not within the boundaries of the 1985 Laukka -Beck PD. Environmental Review In 1983, an Environmental Impact Statement (EIS) was prepared for the Laukka -Beck site in conjunction with a proposed horse racing track on a large portion of the property. Four alternate development plans were analyzed as part of the 1983 EIS study. The fourth alternative, which was most similar to the approved Laukka -Beck Planned Development, included mixed commercial uses for the proposed site. 7/ Planning Report — Lone Oak 3`d Addition August 24, 2010 Page 4 EXISTING CONDITIONS The site contains an existing 273,000 SF multi -story office building. A surface parking lot is located north of the building, a large wetland to the south. Several smaller wetlands and many wooded areas are scattered throughout the undeveloped portions of the site. Access to the site is gained from Lone Oak Parkway via a private street (Northwest Parkway) that serves both the existing development on the subject site, and the NATCO training facility further east. In the northeast corner of the site, the private Northwest Parkway connects to O'Neill Drive via a public street, Lone Oak Point. SURROUNDING USES The site is located within the area commonly referred to as The Waters office park. Surrounding properties include the 279,000 SF NATCO training facility to the east, the 480,000 SF Ecolab Campus (formerly Cray Research) to the southeast, the 351,000 SF USPS facility to the west. The Waters Annex development to the south includes the 99,000 SF White House Custom Colour facility and three lots for future office and office /warehouse development; and to the north, the 3,800 SF Dakota Communities office. EVALUATION OF REQUEST Proposal — The subdivision proposes to create one lot containing the existing multi -story office building, and two outlots for the remaining vacant property. Outlot A encompasses the vacant property that is zoned PD, and Outlot B encompasses the unplatted property in the northern portion of the site, currently zoned A, Agriculture. Lot 1 consists of the existing office building and its parking lot. The purpose of the subdivision is to allow for the sale of the existing building and its associated parking areas. The proposed Planned Development Amendment seeks to clarify the allocation of development space approved in the Laukka -Beck PD for the former Northwest Airlines property with the new proposed parcel boundaries. Compatibility with Surrounding Area — The Major Office land use designation in the Comprehensive Guide Plan is intended to provide areas for "a mix of professional offices, research and development facilities, and limited high -tech manufacturing /processing services typically located within large corporate campus areas or along more highly visible interstates or major road arterials." The Comprehensive Plan further describes "corporate office buildings, research and development facilities, educational /vocational institutions, hotels, and public open space /trails designed to accommodate daytime employment populations are examples of uses allowed in this category." '77 Planning Report — Lone Oak 3`d Addition August 24, 2010 Page 5 Airport Noise Considerations — Based on the Metropolitan Council Policy Contours adopted in 2007, the site is located within the one -mile buffer area of the 60 dB contour, placing it within Noise Policy Zone 4. Office uses are considered Compatible Uses within the Zone 4 buffer area. Densi — The Proposed Planned Development Amendment seeks to clarify the allocation of development with the new parcel boundaries. The existing building is approximately 273,000 SF, and the proposal allocates another 52,000 SF to proposed Lot 1 for future expansion or development for a total of 325,000 SF. This leaves 175,000 SF of development space from the 500,000 SF approved in the original Laukka -Beck PD to be allocated for future development of proposed Outlot A. This is shown in the calculations tables on sheet C3.01, PD Amendment Site Plan (full parcel). There are no development plans for Outlot B at this time and Outlot B is currently and will remain zoned A, Agriculture. Outlot B lies outside of the Planned Development boundaries. Thus, a rezoning will be required at the time of development, and intensity of the development will be determined at that time. Lots — Lot 1 is proposed to be 32.4 acres in size. Outlot A is 55.8 acres, and Outlot B is 36 acres. Setbacks — With the future installation of a street north of Lot 1 (see Streets /Access /Right -of- Way section below), parking setbacks from the street will need to be reestablished. Building setbacks from the new lot lines exceed 100 feet in all directions. No new development is proposed at this time. Therefore, landscaping, grading and utilities, tree preservation, and other civil plans will be submitted with future development. Parking — For office uses, City Code requires one parking stall for each 150 SF of net leaseable area. Applying this standard, 1,456 parking stalls are required for the existing 273,000 SF facility on Lot 1. However, deviation from strict adherence to typical zoning standards can be accommodated within a Planned Development. The ALTA survey provided by the applicant indicates 1,330 surface parking stalls are provided, and another 27 stalls are beneath the building for a total of 1,357 stalls, which is 99 stalls less than typical code requirements. With the size of the facility, this amounts to a shortage of 6.7 %, and the existing parking appears to be sufficient to meet the site's needs. With the future construction of the new east -west street connection through this site north of Lot 1, adjustments to parking may be necessary to maintain the current number of stalls. Also, with additional development potential of up to 52,000 SF, additional parking will need to be provided to support such an expansion on Lot 1. If additional parking cannot be accommodated with a surface lot, structured parking will be necessary. Water Quality - City water quality requirements do not apply at this time, because this is a preliminary subdivision only with no proposed change in existing development on the parcel. Water quality requirements may apply to this site in the future, however, depending on subsequent expansion proposals. Planning Report — Lone Oak 3rd Addition August 24, 2010 Pave 6 Wetlands - This development is subject to City Code § 11.67, Wetland Protection and Management Regulations because there is one wetland within the proposed subdivision that does not have a management classification. Although no wetland impacts are proposed, City Code § 11.67 requires any unclassified wetland to be assigned a management classification and incorporated onto the City maps during the review and approval process. The applicant is responsible to delineate the boundary and assess ecological conditions of unclassified wetlands using a Certified Wetland Delineator, and a wetland delineation report was submitted with this application. Pursuant to Minn. Rules Ch. 8420.0200, the Eagan City Council on August 3, 2009 adopted Resolution 09 -20, delegating decision authority for wetland delineations to the Water Resources Coordinator. The Water Resources Coordinator also classifies wetlands based on the criteria provided in Eagan's Water Quality & Wetland Management Plan. The delineation and classification decision is scheduled to be made September 2, after the public comment period on the wetland application. There are several other wetlands within and near the subject site, but State and City wetland requirements do not apply at this time. The applicability of such requirements will be determined at the time of future development. Grading/ Topography — No new grading is proposed with this subdivision. Lot 1 is developed and contains the existing building. The site topography within the proposed outlots is rolling with wooded areas. Storm Drainage — An existing storm sewer system serves Lot 1. No additional storm water management is proposed until future development of the outlot areas. Utilities — Public sanitary sewer and water main service of sufficient size and capacity serve the existing building on Lot 1. Extension of new sanitary sewer and water lines will be necessary with the future development of the outlot areas. Streets /Access /Right- of -Way — Dakota County is partnering with the City of Eagan, the Minnesota Department of Transportation (MnDOT), the Metropolitan Council, the Federal Highway Administration, and the Cities of Inver Grove Heights, Mendota Heights, and Sunfish Lake to conduct a transportation system study in northern Dakota County, termed the Regional Roadway Visioning Study. The main purpose of the study is to consider expansion of the roadway and trail system to handle growth in the area, including northeast Eagan. The study, approved by the City Councils of all affected Cities in July 2010, among many other improvements, identifies the need for an east -west collector roadway, extending from existing Northwest Parkway east into Inver Grove Heights. This subdivision should dedicate the public right -of -way and temporary construction easements needed for the construction of this roadway in accordance with City engineering standards. The plat should be revised to show the right -of- way prior to final subdivision approval. 7q Planning Report — Lone Oak 3`d Addition August 24, 2010 Page 7 Financial Obli ag tion — At this time, there are no pending assessments on the parcels proposed fo; platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, no additional utility or street charges will be collected at time of final subdivision. Tree Preservation - With no new development proposed at this time, tree preservation does not apply. Future development of the outlots will be subject to tree preservation requirements at that time. Parks and Recreation — Park dedication was fulfilled for Lot 1 when that existing office building was constructed in 1985. There was no trail dedication required at that time. Future development of Outlots A and B will be responsible for cash park and trail dedications to be paid at the time of building permit at the rates then in effect. The current park dedication policy is based on the building size at a rate of $869.00 per 1,000 SF of building. The current trail dedication is based on land area at a rate of $1,251 per net acre of lot area. SUMMARY /CONCLUSION Delta Airlines is proposing a Preliminary Subdivision of Lone Oak 3`d Addition, and Planned Development Amendment for approximately 125 acres located south of I- 494 /0-Neill Drive and east of Lone Oak Parkway. The proposed subdivision creates one lot and two outlots. With the subdivision, right -of -way will be dedicated for a future east -west public street through the site located north of proposed Lot 1. The purpose of the subdivision is to allow for the sale of the existing building and its associated parking areas. No new development is proposed at this time. The proposed Planned Development Amendment changes the parcel boundaries within the Planned Development and reallocates the 500,000 square feet of allowable development to the new proposed Lot 1 and Outlot A. Outlot B lies outside of the boundaries of the Planned Development and is not proposed for rezoning. Outlot B is currently zoned A, Agriculture, and will remain so at this time. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision of approximately 125 acres to create one lot and two outlots upon approximately 125 acres located south of I- 494 /0'Neill Drive and east of Lone Oak Parkway. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B3, B4 2. The property shall be platted. Planning Report — Lone Oak 3`d Addition August 24, 2010 This subdivision shall dedicate the public right -of -way needed for the construction of a roadway from Northwest Parkway to the eastern edge of the subdivision, in accordance with City engineering standards. The plat shall be revised to show this right -of -way prior to final subdivision approval. 4. The developer shall grant temporary construction easements, in a form acceptable to the city attorney for the construction of the future roadway. To recommend approval of a Planned Development Amendment to renew the term of the PD Agreement, change parcel boundaries and clarify allowable square footage for future development on proposed Lot 1 and Outlot A, Lone Oak 3rd Addition, upon approximately 86 acres located south of I- 494 /0'Neill Drive and east of Lone Oak Parkway. If approved, the following conditions should apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. This Planned Development allows for a total building area of 325,000 SF for office uses upon Lot 1, Block 1, Lone Oak 3`d Addition, and up to 175,000 SF of future office development upon Outlot A, Lone Oak 3`d Addition. Any further development on Lot 1 or Outlot A shall require a Planned Development Amendment together with the following exhibits: a. Site plan b. Landscape plan c. Building elevation plans d. Utility Plan e. Site Lighting Plans 4. This Amendment shall supplement and amend all prior Planned Development Agreements, including Preliminary Planned Development Agreements. 5. The term of this Agreement shall be 10 years. M STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights -of -way 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. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of -way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a permanent cul -de -sac, or temporary cul -de -sac to be removed upon further extension (on stub streets), constructed in accordance with City W_ engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights -of -way as required by the alignment of the cul -de -sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as awarded by the action of the City Council. H. Stormwater Management and Water Quality Protection This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. �� I. J. IN Wetlands Protection and Manazement 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and /or Buffer Zone. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission Approved: August 25, 1987 W City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 Revised: July 7, 2009 Location Ma p Project Name: Lone Oak 3rd Addition Request: Preliminary Subdivision /PD Amendment Case Nos.: 01-PS-05-07-10&01-PA-06-08-10 #b- City of Eapa es- Location s Feet 0 500 1,000 2,000 Legend City Boundary Parcels i Parks Buildings N Current Zoning and Comprehensive Guide Plan Land Use Map Lone Oak 3rd Planned Development Amendment and Prelim. Subdivision Zoning Map Land Use Map A 9 m c n A -w f ZO S BP 9 m A Current Land Use Designation: Current Zoning: f Subject A Agriculture and P PD Area PD PD PD Planned Development .. PD I e C 600 0 600 1200 Feet PD PD PD Comprehensive Guide Plan Land Use Map 9 m c f ZO S BP saMO Subject Area Current Land Use Designation: SA/MO Special Area /Major Office _ $ BP SA /MO SA BP� $A 600 0 600 1200 Feet Parcv ap in formation provi ded b y Dakota Count y Land Survey Department Decmber 2005. N Zoning 4k information maintained by City Staff. 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. 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NK \V4i �� -- �� 1,� 1 41 B 1 _ X11 & SSS S �y ��4Ei E „a EXISTING CONDITIONS (1 U LL YAKIULL) nj r- 7 V g 3 - n C/) cc V, �E C) C) 2E CD CD E Lu C) C-3 _j cc 6 < LU u = _j cL cL C..) b. ggS tlt �'q N. : I 1. r� l LI -------------------------- t ---- - -------------- - - --- - ------- ... ...... .. ra M -------------- :,I *6c '* -9 ..S05 A. g.c. 9.1- 0 0 N - -- ------------------- .4p DI? 1_-T TNAW A P V PLAT (DETAIL - NORTH) N� O IP 1 "0 x z ;m 7 fl-H " cc V, F. �e DI? 1_-T TNAW A P V PLAT (DETAIL - NORTH) N� O IP 1 "0 x z ;m 7 fl-H " Q M o� � o Q�vQO �Q4oQ m 4 G{ v a Z tz t, ` �� SoUT407�AT 9 8� ff i / x 1kCo / � a • o s s= aC _ V c� c� 4� 8 i o 3 PRELIMINARY PLAT (FULL PARCEL) NOR C96- x_ Y� �g �e IL T6 CC J M Q �E o� W C. J W p o � ia jj V W F- ca Z � oS3 J Z Q Z y W •o C L7 Z_ `. i F J N 'o W U pp> yc.€ &4E L OC LL tq d d L yC..) 1 8 i o 3 PRELIMINARY PLAT (FULL PARCEL) NOR C96- x_ Y� �g �e ru eepp15- o 5gm-t ° > IL W figg'6 Fad P— _ Q LAJ � W � uj a Q o � 2 W u a y e ��i y m? H � a_j = ` ° J .°P Z G ie Z E l l E .� m Q W J m �- U° a`JQ JW U wIli sz °g to Q. rnLL yV d I I I I I \ Iy I � I �P IP II� I g6 I 0 ewr �I- I,rl 8 - m o s I- I r 1�1 � I \ JI 1 d I I I i I I I I 1 rry r C I I / I / I Ij r j ov "F —A RKyaV ' _ z7• � �o � � � � � 1 ro � r 3 \ d � I 1 SIB C PD AMENDMENT SITE PLAN (FULL PARCEL) 95 / 7J W 4m Q F— Z O a J s� V �J ,V LL LL Ln Lr) 0 O 0 Lr) Ln CL N n L m a LL LL Ln Ln o 0 � a M 'x n W N � m Q C LA k J CO J O Q Q Q 0 b N Ln LD m Ln m C4 cc cc O O O LL LL LL N V) V) ri Cl) N co m n .-I r n N a Q1 m .0 �t d Ln r- 4 m d a` o 0 o L ° O O I 0 W ,W iJ /b w z_ J O J C] w U) CD Cl- CD rr a_ UD w W UD w z w U z_ U c- z F-- J Q Q z Y w C/) � Q o 0 w m = C:) C/) F-- III Q w C2 w w c/) CC 0 O O a O O H z r LIJ z � = w -zl- o � -i � O z � Y = lw^ CQ O v) C • O PD AMENDMENT DATA SUMMARY U U C_J U Q Q Q Q Ln n n Lf l .-1 L1] Ln -1 I r-I 0 0 0 O LL LL U. LL un 00 cc -i w re) Ln LD co �C,cl Lfj rr) 4t n L7 rn Co LO n l0 .C-L o ci J o y LL ro w >� a � w V y ._ ci di cY n ❑ 0] I 0 W ,W iJ /b w z_ J O J C] w U) CD Cl- CD rr a_ UD w W UD w z w U z_ U c- z F-- J Q Q z Y w C/) � Q o 0 w m = C:) C/) F-- III Q w C2 w w c/) CC 0 O O a O O H z r LIJ z � = w -zl- o � -i � O z � Y = lw^ CQ O v) C • O PD AMENDMENT DATA SUMMARY Subdivision and Planned Development Amendment Narrative NWA Real Estate Holding Company, LLC, a wholly owned subsidiary of Delta Air Lines, Inc., (the "Company ") owns a 125 -acre parcel of land in the City of Eagan (the `'Company Parcel "). The Company wishes to subdivide the Company Parcel to allow for the sale of the existing building and the surrounding parking areas, which are located on a 33 -acre lot ("Lot 1 "). The remaining areas of the Company Parcel are proposed as two outlots, Outlot A and Outlot B, to accommodate future site development. The majority of the Company Parcel, including all of Lot 1, is located in the Laukka- Beck Planned Development District (the "PD" ). Outlot A is proposed to include that portion of the Company Parcel not included in Lot 1, but included in the Laukka -Beck Planned Development District. Outlot B is proposed to include that portion of the Company Parcel not included in Lot 1 and not included in the Laukka -Beck Planned Development District. The PD currently allocates 500,000 square feet of development to the Company Parcel. The current building on Lot 1 is approximately 273,000 square feet. The Company seeks a PD amendment to clarify how the remaining 227,000 density allowance will be allocated between the subdivided lots. The Company requests that the site plan in the PD be amended to allocate 50,000 square feet of the remaining density allowance to the newly created Lot 1, bringing the total development allowance on Lot 1 to 325,000. The Company would like the remaining 175,000 square feet to be allocated to Outlot A. 1. Comprehensive Guide Plan The Comprehensive Guide Plan designates the Company Parcel as Major Office (MO) within the `'Special Area Plan ". The existing office building use falls within the guidelines of the "Special Area Plan ". The proposed subdivision and PD amendment comport with the Comprehensive Plan and therefore a Comprehensive Plan amendment is not required. 2. Zoning Classification The Zoning classification for the most of the Company Parcel is in the PD. The balance of the Company Parcel, that portion allotted to Outlot B, is zoned Agricultural. A PD amendment is proposed to assign a portion of allowable density provided for under the PD to Lot 1 and a portion to Outlot A. The amendment will allow for minimal future expansion of Lot 1 and a development project on Outlot A. No other zoning revisions are necessary for the proposed subdivision. 3. Development Plans for Properh The Company intends to sell Lot 1, which includes the existing office building and related parking areas. The office building is currently vacant and the space is not needed for Delta Air Lines, Inc.'s operations. The Company would like to sell the property following approval of the subdivision application and the final plat. The Company does not have any current plans for development of Outlot A or Outlot B. � 4s 4. Existing Land Use The existing land use on Lot 1 includes the office building and adjacent parking lot. Outlot A and Outlot B are occupied by open spaces, treed areas, and ponds. 5. Impacts on Surrounding Property Adjacent uses include primarily offices and businesses within adjacent planned development districts. A residential development exists on the north side of I -494 within the limits of Mendota Heights. 6. Impacts on City Services The proposed subdivision and PD amendment will not impact city services. Lot 1 will continue to be used for an office building and related parking. There are no current plans for development of Outlot A or Outlot B. The request to amend the PD to allocate a small portion of the remaining density allowance to Lot 1 will not result in additional development which would have a material impact on city services. The request to allocate 150,000 of density to Outlot A would not have an immediate effect on city services because the Company has no current plans for development on Outlot A and before any development could occur on the site, the property would need to be platted. 7. Public Benefit of Planned Development Amendment It is in the public interest to grant the PD amendment because it clarifies the development rights assigned to each subdivided parcel, which will help the city remain on good terms with property owners and ensure that property owners are aware of their development rights. The proposed PD amendment will allow for minor future expansion of Lot 1 without seeking a PD amendment and a density allowance to Outlot A. Future expansion of Lot 1 and future development of Outlot A would benefit the public by increasing the city's tax base and /or bringing jobs to the community. ;,� 90 Agenda Information Memo September 21, 2010, Eagan City Council Meeting B. ORDINANCE AMENDMENT TO CHAPTER 5 OF THE CITY CODE REGARDING FINANCIAL RESPONSIBILITY AND INSURANCE CERTIFICATE REQUIREMENTS OF LIQUOR LICENSEES TO COMPLY WITH STATE STATUTES ACTIONS TO BE CONSIDERED: To approve an ordinance amendment to Chapter 5 of the City Code regarding the financial responsibility and insurance certificate requirements of liquor licensees to comply with state statutes. FACTS: ➢ Minnesota Statutes, section 340A.409, subdivision 1 was amended related to insurance requirements for liquor licensees. The changes affect the amount of insurance required and also the cancellation language pertaining to the liability insurance policy. ➢ In addition to the insurance requirements already required by State Statute and Eagan City Code, liquor licensees must now provide proof of financial responsibility (insurance) which includes the following: $50,000 for other pecuniary loss of any one person in any one occurrence and $100,000 for other pecuniary loss of two or more persons in any one occurrence. Pecuniary loss means the loss of money or things that have monetary value. This includes not only the value of the loss of a deceased person's earnings, but also the services he /she provided, whether around the home, caring for the children or in other ways. The law includes the value of the loss of the aide, comfort and society of the deceased person as part of the pecuniary loss. This change became effective on April 23, 2010. It should be noted that the City must require at least the amount of insurance set forth in State law but is not prohibited from requiring higher insurance coverages. ➢ On August 1, 2010, another change in State law regarding insurance requirements became effective which requires that an additional 30 days' written notice, for a total of 60 days' notice, be provided for cancellation of insurance, except for nonpayment of premium. If nonpayment of premium is the reason for the cancellation, then ten days' written notice is required. ➢ Following publication of the ordinance amendment on October 1, liquor licensees will be informed of the changes to the insurance requirements as part of the liquor license renewal process which occurs in early October. ATTACHMENTS (1): ➢ Draft ordinance amendment enclosed on pages through. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTIONS 5.13 AND 5.14 REGARDING INSURANCE REQUIREMENTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Five is hereby amended by changing Section 5.13, Subd. 1, to read as follows: Subd. 1. Proof. No alcoholic beverage license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed by statutes, by filing with the city a certificate that there is in effect an insurance policy or pool providing minimum coverages of (1) $50,000.00 because of bodily injury to any one person in any one occurrence and, subject to the limit for one person, in the amount of $100,000.00 because of bodily injury to two or more persons in any one occurrence and in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence, and (2) $50,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000.00 for loss of means of support of two or more persons in any one occurrence; and $50,000 for other pecuniary loss of any one person in any one occurrence, and $100,000 for other pecuniary loss of two or more persons in any one occurrence. Section 2. Eagan City Code Chapter Five is hereby amended by changing Section 5.14 to read as follows: Whenever an insurance certificate is required by this chapter, the applicant shall file with the city clerk a certificate of insurance showing (1) that the limits are at least as high as required in this Chapter; (2) that coverage is effective for at least the license term approved; and (3) that sueh insufanee it not be eaneelled °r *°�in4e' withe the insurer shall provide 30 60 days' written notice of policy cancellation to men the city, unless policy cancellation is for nonpayment of premium in which case the insurer shall provide 10 days written notice of policy cancellation to the city . Cancellation or termination of such coverage shall be grounds for license revocation. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. go ATTEST: By: Maria Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor 0