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03/15/2011 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MARCH 15, 2011 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE P3 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES P- 0 B. PERSONNEL ITEMS P. C. APPROVE Check Registers 1a D. APPROVE Tree Maintenance Contractor License for Arbor Doctor �)3 E. APPROVE Lease Agreement between the City of Eagan and St. Croix Harley Davidson for 2 Harley Davidson Motorcycles 12? F. APPROVE 2010 General Fund Budget Adjustments for — State Emerald Ash Borer Grant; Sesquicentennial Celebration; Dakota County High Performance Partnership (HiPP) fees; and Opportunity City Program P 9 G. RECEIVE Bids and Award Contract for Contract 11 -01 (City -Wide Street Overlays) a� H. RECEIVE Bids and Award Contract for Contract 11 -07 (Schwanz Lake Rain Gardens) ,Oa3 I. APPROVE Wetland Replacement Plan, Ames Crossing Road (Cont 10 -11, Street & Utility Improvements) pa(pJ. APPROVE an Easement Agreement for Project 971 (Duckwood Drive Overpass — Bridge and Street Improvements) — CSM P o* K. APPROVE an Easement Agreement for Project 971 (Duckwood Drive Overpass — Bridge and Street Improvements) — Eagan Auto Mall P 3b L. AUTHORIZE Settlement Claim with Qwest for Sanitary Sewer Repair Work P81 M. APPROVE MCES Grant Agreement for I & I Mitigation Improvements -1 �N. APPROVE First Amendment to Amend and Restated Minnesota Valley Transit Authority Joint Powers Agreement 1�•� O. ADOPT Opportunity City Summary Report — City of Eagan P53 P. APPROVE Resolution to accept a cash donation from City & County Credit Union for entertainment for the 2011 Marketfest events and APPROVE any appropriate changes to the 2011 Budget {�55 Q. APPROVE Resolution to accept a cash donation from Genisys Credit Union for several 2011 Parks and Recreation programs and events and APPROVE any appropriate changes to the 2011 Budget (51 R. APPROVE Resolution to accept cash and in -kind donations from Rasmussen College for the 2011 Marketfest and APPROVE any appropriate changes to the 2011 Budget Q.Sq S. DECLARE the auxiliary generator adjacent to the Municipal Center as surplus property and have it disposed of appropriately F -V T. APPROVE Tree Maintenance Contractor License for Northway Tree Service IQ U. APPROVE Participation in the Twin Cities Regional Economic Development Partnership and approve necessary changes to 2011 Budget �4oj V. ACCEPT the resignation of Steven Chavez from the Advisory Planning Commission P.(S W. APPROVE temporary on -sale liquor license and waive license fee for the Eagan Foundation for a wine tasting event on April 12, 2011 ?.(01 X. APPROVE Tree Maintenance Contractor License for Precision Landscape and Tree, Inc. 1 qD Y. APPROVE Exempt Permit for Red Pine Parent Teacher Organization to conduct a raffle on May 5, 2011 V. PUBLIC HEARINGS f 7a A. VACATE Drainage and Utility Easement for Lot 10, Block 1, The Woodlands P q B. CONSIDER Extension of Minnesota Investment Fund Agreement with Biothera VI. OLD BUSINESS P 79 A. ORDINANCE AMENDMENT — City of Eagan — An Ordinance Amendment to Chapter 11 relative to the outdoor storage of vehicles in commercial and industrial districts VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY P.<24 Call to Order B. Adopt Agenda C. Consent Agenda e ��o 1. APPROVE EDA Minutes D. Old Business 1. APPROVE Amended Preliminary Redevelopment Agreement for Pratt Development LLC for the Cedar Grove Redevelopment Core Area p q� E. New Business 1 F. Other Business G. Adjourn X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 4 City of Eap Im TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 11, 2011 SUBJECT: AGENDA INFORMATION FOR MARCH 15, 2011 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 15, 2011 City Council agenda, the following items are in order for consideration. -S Agenda Information Memo March 15, 2011 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 March 1, 2011 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes the March 1, 2011 Regular City Council meeting are enclosed on pages through . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 1, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields and Hansen. Councilmember Tilley was absent. Jerry Ward of Bridleridge Road expressed concern regarding the lack of recorded phone information during the recent snowstorm. He suggested that callers be assured that messages would be listened to daily. A regular meeting of the Eagan City Council was held on Tuesday, March 1, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, and Fields. Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, Community Development Director John Hohenstein, Public Works Director Tom Colbert, Administrative Services Director Gene VanOverbeke, City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire noted the passing of Mayor Steve Lampe of Brooklyn Park. A moment of silence was observed. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the February 15, 2011 regular City Council meeting as presented. B. Personnel Items. 1. The resignation of Keisa Nippoldt, Clerical Tech 3 in the Community Development Department was acknowledged. 2. The hiring of Dwayne Holz, Utility Maintenance Worker, was approved. C. It was recommended to ratify the check registers dated January 28, 2011 and February 4, 2011 as presented. D. It was recommended to approve the plans and specifications for Contract 11 -02 (Citywide Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 31, 2011. E. It was recommended to receive the bids and award Proposals #2 and #3 for Contract 11 -03 (Deerwood Reservoir Repainting) to Classic Protective Coatings in the amount of $666,098 and authorize the Mayor and City Clerk to execute all related documents. F. It was recommended to award Contract 10 -11 (Ames Crossing Road Street and Utility Improvements), to Enebak Construction Company for the base bid in the amount of $1,160,596.34, and authorize the Mayor and City Clerk to execute all related documents. G. Item was pulled and reschedule. H. It was recommended to approve an Easement Agreement for Project 1016R (Ames Crossing Road — Street & Utility Improvements) with the owner of Lot 1, Block 1 Lone Oak 2 nd Addition (Delta Airlines / Metropolitan Airports Commission) and authorize the Mayor and City Clerk to execute all related documents. City Council Minutes March 1, 2011 Page 2 .J R,4 lr" I. It was recommended to approve a Master Partnership Contract with the Minnesota Department of Transportation (Mn /DOT), authorize the Mayor and City Clerk to execute all related documents, and delegate authority to the City Engineer to enter into subsequent Work Order Contracts as needed. J. It was recommended to approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $2.0 million from the Municipal State Aid (MSA) Construction account. K. It was recommended to approve a Final Subdivision (Nicols Ridge 3` Addition) to create one lot and one outlot upon approximately 5.3 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, and consisting of property legally described as lots 2 -5, Block 9, Nicols Ridge, and Outlot B, Nicols Ridge 2 nd Addition; and approve a Final Planned Development Amendment for Phase 1 of Nicols Ridge 4th Addition consisting of 41 townhome units upon 6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, upon property legally described as Lots 2 -5, Block 9, Nicols Ridge; Outlot B, Nicols Ridge 2 nd Addition, and adjacent unplatted parcels to the west with addresses of 3980 and 3986 Cedar Grove Parkway; and approve a Final Subdivision (Nicols Ridge 4 Addition) to create 41 townhome lots and two outlots upon 6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, consisting of property legally described as Lots 2 -5, Block 9, Nicols Ridge; Outlot B, Nicols Ridge 2 nd Addition, and adjacent unplatted parcels to the west with addresses of 3980 and 3986 Cedar Grove Parkway. L. It was recommended to direct staff to work with the City Attorney's office on a Zoning Permit implementation plan. M. It was recommended to reschedule the Public Hearing to March 15, 2011 to consider vacating a public drainage and utility easement on Lot 10, Block 1, the Woodlands Addition. N. It was recommended to approve a Tree Maintenance Contractor License for Morgans Tree Service, 732 Arlington Avenue, St. Paul. O. It was recommended to approve a change in management on the off -sale 3.2 percent malt liquor (beer) license for Kwik Trip, Inc., dba Kwik Trip #662 located at 3145 Dodd Road. P. It was recommended to approve the Consultant Service pool for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the pool of businesses on the attached list, authorize the City Planner and /or Senior Code Enforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS PROJECT 1051, CEDAR GROVE BOULEVARD STREET AND UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding Phase I of street and utility improvements for Cedar Grove Boulevard. Public Works Director Colbert introduced Mark Kasma of Bolten and Menk who presented the preliminary engineering report. Council and staff discussed the potential of a roundabout. Mayor Maguire opened the public hearing. Doris Dahline asked if the proposed realignment is due to a proposed development. She also commented that landscaping should be included with the improvements. Staff responded to Ms. Dahline's question. There being no further comment, Mayor Maguire turned discussion back to Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve Phase 1 of Project 1051 (Cedar Grove Boulevard — Street and Utility Improvements) and authorize the preparation of detailed plans and specifications. Aye: 4 Nay 0 7 City Council Minutes March 1, 2011 �J Page 3 OLD BUSINESS PROJECT 971, DUCKWOOD DRIVE OVERPASS BRIDGE AND STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding the Engineering Design Report for the Duckwood Drive Overpass. City Engineer Russ Matthys gave a staff report. Administrative Services Director VanOverbeke explained funding for the overpass project. Five residents spoke expressing opposition to the proposed overpass, concern over the fiscal responsibility of the project, and potential increased traffic through the residential neighborhood. Staff responded to questions and concerns that were raised. Council held a discussion. Mayor Maguire moved, Councilmember Bakken seconded a motion to receive the Engineering Design Report for Project 971 (Duckwood Drive Overpass — Bridge and Street Improvements) as presented and approve Project 971 and plans and specifications for Contract 09 -18, Duckwood Drive Overpass (Bridge and Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on March 31, 2011. Aye: 4 Nay: 0 NEW BUSINESS INTERIM USE PERMIT — 3812 BLACKHAWK RIDGE PLACE (TSCHERNE) City Administrator Hedges introduced this item regarding an Interim Use Permit to allow a kennel on property located at 3812 Blackhawk Ridge Place. City Planner Ridley gave a staff report. The applicant was present to answer questions of the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Interim Use Permit to allow a kennel on property located at 3812 Blackhawk Ridge Place for Lot 15, Block 2, Blackhawk Ridge 2 nd Addition, subject to the following conditions: Aye: 4 Nay: 0 1. The Interim Use Permit shall be recorded against the property at Dakota County. 2. The premises are allowed no more than four (4) guest dogs at any one time. 3. The applicant must maintain a current kennel license issued by the City. 4. No full -time boarding of animals for commercial purposes may occur on this property. 5. The operations of the kennel must comply with the standards in Chapter 10 of the City Code regarding the keeping of animals. 6. The Interim Use Permit shall expire 5 years from the date of approval. VISITORS TO BE HEARD There were no visitors who wished to be heard. City Council Minutes March 1, 2011 y Page 4 / ADJOURNMENT Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:15 p.m. Aye:4 Nay:0 Date Mayor Deputy Clerk Agenda Information Memo March 15, 2011 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Community Errin Bentz Center PT Manager on Duty Community Timothy Markee Center PT Manager on Duty /a Agenda Information Memo March 15, 2011 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check register dated February 24, 2011 and March 3, 2011 as presented. ATTACHMENTS: Check register dated February 10, 2011 and March 3, 2011 are enclosed without page number. Agenda Memo City Council Meeting March 15, 2011 CONSENT AGENDA: D. TREE MAINTENANCE CONTRACTOR LICENSE FOR ARBOR DOCTOR ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Bryan Gilles dba as Arbor Doctor at 8200 Stanley Road #30, Bloomington, MN FACTS: • Bryan Gilles has applied for a Tree Maintenance Contractor license for 2011 and all requirements of the application have been met and the fee has been paid. • Staff recommends approval. ATTACHMENTS: None. The application is available for review in the Administration Department. /CZ Agenda Information Memo March 15, 2011 Eagan City Council Meeting CONSENT AGENDA E. Approve the new Lease Agreements between the City of Eagan and St. Croix Harley Davidson for 2 2011 Harley Davidson motorcycles ACTION TO BE CONSIDERED: The action is to approve two new lease agreements between the City of Eagan and St. Croix Harley Davidson. The approval of these leases will enable the police department to lease two motorcycles for one year. The dealership will lease both motorcycles to the city at a cost of $1 each. FACTS: • Since 2003 the Eagan Police Department has used motorcycles for traffic enforcement and other outreach programs to promote traffic safety throughout Eagan. • A prior lease agreement was reviewed by the Eagan City Attorney and suggested changes to the document were made at that time. There were no substantive changes to the 2011 document. • The previously leased motorcycles were returned to the dealership last fall. By approving the new lease agreements, the police department will receive two new 2011 models. • The original start-up fees for the Traffic Enforcement Unit were paid through grants from the Eagan Citizen's Crime Prevention Association in 2003. ATTACHMENTS A copy of the lease agreements are attached as pages I T through i3 2011 HARLEY - DAVIDSON FLHTP LEASE THIS AGREEMENT is made and entered into this day of , by and between St. Croix Harley- Davidson, Inc., a Wisconsin corporation (hereinafter the "Lessor ") and the City of Eagan a Minnesota municipal corporation (hereinafter the "Lessee "), for the purpose of lending to the Lessee Harley- Davidson Motorcycles. RECITALS WHEREAS, this Agreement is entered into by the City of Eagan under the authority of Minn. Stat. § §412.211 and 412.221. WHEREAS, the City of Eagan is desirous of leasing motorcycles for the Eagan Police Depts use in patrol and law enforcement duties and the Lessor or desirous of leasing certain motorcycles to the City of Eagan for a reasonable cost. WHEREAS, it is in the best interest of the City of Eagan and its residents for it to lease the motorcycles from the Lessor under the terms and condition of this Agreement. NOW, THEREFORE, based on the foregoing, the Parties hereto agree as follows: 1. Equipment. 2011 Harley- Davidson FLHTP Police Motorcycle, BLK/WHI, VIN 1 HD 1 FMM 11 BB638602 (hereinafter the "Motorcycles "). 2. Agreement Terms. This Agreement shall be effective as of the date of execution for a period of twelve (12) months. Motorcycles leased under this Agreement are to be used for police and related activities only. No more than one person shall be on a Motorcycle leased under this Agreement and the person operating the Motorcycle shall be authorized by law and Eagan Police Dept policy to operate the Motorcycle. 3. Payment Period. Lessee shall pay one yearly lease payment of One Dollar ($1.00) per Motorcycle. Payment does not include the cost of optional or additional equipment not otherwise included in the specifications of the Motorcycles leased hereunder as set forth in Paragraph 1 above, full maintenance or insurance costs. 4. Insurance. At its own expense, the Lessee shall carry casualty insurance, public liability insurance and property damage insurance sufficient to protect the full value of the Motorcycles, and to protect the Lessor from liability in all events. The Lessee shall carry workman's compensation insurance covering all of its employees working on or about the Motorcycles. Upon request, Lessee shall furnish to Lessor certificates or other satisfactory evidence of all insurance coverage described above as required terms and conditions of the Agreement. 5. Hold Harmless Indemnification Between Parties. The Lessee hereby agrees to protect, defend, indemnify and hold harmless the Lessors up to the limits of the 14 municipal immunity as provided by state statute from and against any and all losses, penalties, damages, settlements, costs, charges or other expenses or liabilities arising out of the negligence of the Lessee or its employees in the use or operation of the Motorcycles leased hereunder, but not for and loss, claim, damage, action or the like arising out of negligence acts of the Lessor. Nothing in this Agreement shall be construed to waive any rights, privileges, immunities, or tort damage limitations available to the City under federal or state law, in the event any person or party brings claim against the City as a result of the use or operation of a Motorcycle leased under this Agreement. 6. Liens. The Lessee shall not directly or indirectly create, incur, assume, or suffer to exist and mortgage, pledge, lien, charge, encumbrance or claims on or with respect to the Motorcycles, except with respective rights of the Lessor as herein provided. Lessee shall promptly, at its own expense, take such action as charge, encumbrance or claim not expected above if the same shall arise at any time due to Lessee's action or inaction. 7. Terms and Fees. The Lessee shall pay all appropriate taxes or fees, or similar charges imposed by virtue of the Lessee's ownership, possession or use of the Motorcycles during the term of this Agreement. 8. Care and Use of Equipment. The Lessor agrees to maintain the Motorcycles pursuant to the manufacturer's standard and preventive maintenance procedures and recommendations. All repairs and maintenance shall be made at St. Croix Harley- Davidson, Inc., 2060 Highway 65, New Richmond, Wisconsin 54017. The Lessee, at its own cost and expense, shall ensure delivery of the Motorcycles to the above address at regular maintenance intervals set up by Lessor in accordance with the service schedule as provided in the owner's manual. The Lessee shall protect the Motorcycles from deterioration other than normal wear and tear. The Lessee shall use the Motorcycles for police related activities only, without abuse, and shall not make modifications, alterations or additions to the Motorcycles (other than normal operation accessories or controls) without the written consent of the Lessor, which shall not be unreasonably withheld. The Lessor shall have the right, after notifying the Lessee, and during regular business hours to enter upon the premises where the Motorcycles are located in order to inspect, observe or otherwise protect the Lessor's interest, and the Lessee shall afford them the reasonable opportunity to do so. 9. Damage or Deterioration of Motorcycles. In the event the Motorcycles are partially damaged or destroyed due to the negligent action of the Lessee or its employees prior to the end of the term of this Agreement, the Lessee will promptly have the Motorcycles repaired and restored to their original condition and working order at their expense. In the case of theft or total loss of any of the Motorcycles, the replacement value of each Motorcycle shall be Seventeen Thousand Nine Hundred and Ninety Five and No /100 Dollars ($17,995.00). 10. Rider Responsibility and Privileges. The Lessee shall be responsible for keeping the Motorcycles clean and for reporting and repairs needed to the Lessor. The /S Lessee may allow riders to use the Motorcycles to travel to and from work, provided that the Motorcycles are fully insured by the Lessee and that the distance to and from work is no more than thirty (30) miles each way. 11. Events of Default and Remedies. Lessee shall be deemed to be in default of this Agreement upon the happening of any of the following events of default: (A) Lessee fails to make payment of the lease or other payments required hereunder; or (B) Lessee fails to comply with any other term, covenant, or condition contained herein. Upon the occurrence of any event of default as specified above, should Lessee fail to remedy such event or default with all reasonable dispatch within a period of thirty (30) days, Lessor shall have the right, after written notice to the Lessee, to pursue any of the following remedies: (1) Repossession of the Motorcycles, including the right to sell or lease the Motorcycle for the account of the Lessee, and hold Lessee liable for all payments up to the effective date of such sale or lease. Lessor may hold Lessee liable for the difference of payments, which would be due under the Agreement and the amount received by the Lessor for the sale or lease of the Motorcycles upon default. (2) Any action at law or in equity may appear necessary to collect the payments then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Lessee under the Agreement. Lessor shall be deemed to be in default under this Agreement upon failure to comply with term, covenant or condition herein. /10 LESSEE: City of Eagan, a Minnesota Municipal Corporation By: Mike Maguire Its: Mayor Date: By: Date: Its: City Clerk LESSOR: ST. CROIX HARLEY- DAVIDSON, INC., a Wisconsin corporation By: Date: Its: i7 Agenda Information Memo March 15, 2011 Eagan City Council Meeting F. Approve 2010 General Fund budget adjustments for: State emerald ash borer grant; sesquicentennial celebration; Dakota County High Performance Partnership (HiPP) participation fees; and Opportunity City program. ACTION TO BE CONSIDERED: To approve 2010 General Fund budget adjustments related to the State emerald ash borer grant, the sesquicentennial celebration, the Dakota County High Performance Partnership (HiPP) participation fees; and the Opportunity City program. FACTS: It is customary for the Council to formally adjust the budget after the year is concluded and staff has compiled a list of material adjustments. These budget adjustments will be reflected in the annual financial report for 2010, which will be prepared this spring. Typically, such adjustments have been approved in concept by the Council at an earlier time without formally adjusting the budget. That is again the case here. Four adjustments are proposed for the 2010 budget: • Increase revenues and expenditures by $76,300 for a grant from the State to manage and control the spread of the emerald ash borer. Expenditures were fully covered by the grant. • Increase revenues and expenditures by $21,800 for the 150` celebration. Contributions from the Eagan Convention & Visitors Bureau and Home Federal Bank ($6,100 for banners) covered the full amount of the expenditures. • Increase revenues and expenditures by $2,800 for the City's share of ICMA Consulting Services fees related to its participation in the County's HiPP collaborative effort. The expenditure can be funded by actual permit revenues in excess of the budgeted amount. • Increase revenues and expenditures by $5,000 for participation in the Urban Land Institute's Opportunity City program, which provides support and resources to cities who seek to provide a full range of housing choices in their community. The expenditure can be funded by actual permit revenues in excess of the budgeted amount. ATTACHMENTS: • None. Agenda Information Memo March 15, 2011 Eagan City Council Meeting G. CONTRACT 11 -01, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 11 -01 (Citywide Street Improvements) and award the contract to McNamara Contracting in the base bid amount of $1,496,872.24 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The street improvements of: o Park Knoll Addition (City Project 102 1) o Wilderness Ponds Addition (Project 1039) o Fairway Hills Addition (Project 1040) o Clearview Addition (Project 1044) o Galaxie/ Cliff Plaza (Plaza Drive) (Project 1045) o Blue Cross Road (Project 1048) o Wilderness Run Road (Project 1049) and parking lot/ driveway improvements o£ o George Ohmann Park • Trapp Farm Park • Cliff Road Water Booster Station driveway are programmed for 2011 in the City's 5 -Year Capital Improvement Program (2011- 2015). • On December 21, 2010, the City Council authorized the street improvements for Projects 1044, 1048 and 1049. • On January 4, 2011 the City Council authorized the street improvements for Projects 1021, 1039, 1040 and 1045. • These projects have been combined under one contract (Citywide Street Improvements - Contract 11 -01), to increase economies of scale. On February 1, 2011, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 11 -01. • On March 18, 2008, the Council approved the use of best -value solicitation of bids, as allowed by State statutes, providing for the consideration of bidders expected performance in relation to their submitted bid. At 10:30 a.m. on March 7, technical performance proposals from each bidder were received for this project. At 10:30 a.m. on March 10, formal bids from each bidder were received for this project. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from McNamara Contracting has been reviewed by the Engineering Division to provide the best value and is in order for favorable Council action. ATTACHMENTS: • Bid Summary Tabulation, page. Iq BID SUMMARY CITY CONTRACT 11 -01 BLUE CROSS ROAD WILDERNESS RUN ROAD PROJECT NO. 1048 PROJECT NO 1049 Reclaim/ Recycle Reclaim/ Recycle PARK KNOLL ADDITION WILDERNESS PONDS PROJECT NO. 1021 PROJECT NO 1039 Overlay Overla FAIRWAY HILLS CLEARVIEW ADDITION PROJECT NO. 1040 PROJECT NO 1044 Overlay Overla GALAXIE /CLIFF PLAZA TRAPP FARM PARK PROJECT NO. 1045 PARKING LOT Overlay Overla GEORGE OHMANN PARK CLIFF ROAD PARKING LOT BOOSTER STATION DRIVEWAY Overlay Overla Bid Date/ Time: 10:30 a.m., Thursday, March 10, 2011 Contractors Total Base Bid Technical Score Adiusted Score 1. McNamara, Inc. $ 1,496,872.24 8.99 166,504 2. Bituminous Roadways, Inc. $ 1,569,402.05 9.03 173,799 3. Northwest Asphalt $ 1,723,762.96 8.84 186,192 4. GMH Asphalt $ 1,625,261.80 8.18 198,687 5. Hardrives, Inc. $ 1,723,762.96 8.66 199,049 6. Ace Blacktop $ 1,713,206.73 8.28 206,909 *Best -value contracting: Ad'usted Score = Total Base Bid/Technical Score Low Adjusted Feasibility % % Project Score Report Over[Under Engineer's Over/Under Base Bid Estimate FR Estimate Estimate Eng Estimate 1021 $ 21,313 $ 26,900 -20.7% $ 22,700 -6.1% 1039 $ 58,500 $ 70,500 -17.0% $ 65,775 -11.1% 1040 $ 230,299 $ 273,500 -15.8% $ 260,000 -11.4% 1044 $ 49,245 $ 60,120 -18.1% $ 56,320 -12.6% 1045 $ 77,975 $ 92,550 -15.8% $ 84,320 -7.5% 1048 $ 317,211 $ 364,260 -16.4% $ 335,840 -7.3% 1049 $ 658,890 $ 700,500 -5.9% $ 692,120 -4.8% George $ 42,342 $ 49,000* -13.6% $ 44,350 -4.5% Ohmann Park Cliff Road Booster D/W $ 3,520 NA - -- $ 4,800 -26.7% Overla Trapp Farm $ 37,577 $ 47,100* -20.2% $ 42,200 -11.0 /o ° Park Totals $ 1,496,872 $ 1,684,430 -11.1% $ 1,608,425 -6.9% *CIP budget G:Current Council Items /I 1 -01/Bid Summary Results 0-0 Agenda Information Memo March 15, 2011 Eagan City Council Meeting H. CONTRACT 11 -07, SCHWANZ LAKE RAIN GARDENS ACTION TO BE CONSIDERED: Award Contract 11 -07 (Schwarz Lake Rain Gardens) to Urban Companies for the base bid in the amount of $29,544.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 11 -07 provides for the continuation of the rain garden improvements within the nearly 30 acre direct drainage area north of Schwanz Lake that began in 2009. 7 rain gardens will be constructed under this contract to add to the 19 constructed in this neighborhood over the past two years. This contract is the third and final phase of rain gardens anticipated to be constructed in this drainage district. The neighborhood residents and students from the Dakota County Technical College landscape horticulture program will install plants in 16 of the gardens later this spring. • On February 1, 2011, 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 March 3, formal bids were received for this contract. The recommended bid is 16% below the Engineer's Estimate. • References and previous construction experience were reviewed for the two lowest bidders. The lowest bidder did not provide acceptable evidence of relevant previous construction experience. • 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 provide the best value and is in order for favorable Council action. ATTACHMENTS: • Bid Summary, pager. ar BID SUMMARY CITY CONTRACT 11 -07 SCHWANZ LAKE 2011 RAIN GARDEN IMPROVEMENTS CITY PROJECT NO. 1014 CITY CONTRACT NO. 11 -07 Bid Date/ Time: 10:30 a.m., Thursday, March 3, 2011 Engineer's Estimate: $35,270.00 Contractors Total Base Bid 1. Kevin Casey Contracting, LLC $26,294.44 2. Urban Companies $29,544.00 3. Sunram Construction, Inc. $34,107.45 4. GL Contracting, Inc. $34,734.40 5. Stocker Excavating $56,257.40 G:Current Council Items /11 -07 /Bid Summary Results Over /Under Engineer's Estimate -25% -16% -3% -2% +60% 1" Agenda Information Memo March 15, 2011 Eagan City Council Meeting I. PROJECT 1016R, AMES CROSSING ROAD WETLAND REPLACEMENT ACTION TO BE CONSIDERED: Approve a Wetland Replacement Plan/Bank Credit Withdrawal for Project 1016R (Ames Crossing Road – Street & Utility Improvements). FACTS: • Project 1016R provides for public street and utility improvements to connect the north and south portions of Ames Crossing Road, making available a continuous street connection between Lone Oak Road and O'Neill Drive to serve the development and surrounding area in northeast Eagan. • On March 2, 2010, the City Council held a public hearing for Project 1016R. After public testimony, the Council approved the project and authorized the preparation of detailed plans and specifications, and the acquisition of easements through a quick -take eminent domain process, if necessary. • On January 18, 2011, the City Council approved final plans and specifications for Contract 10 -11, (Ames Crossing Road – Street & Utility Improvements), which includes unavoidable impacts to portions of three existing wetlands. • Because of the unavoidable combined impact of 4,163 square feet (0.096 acre), the City publicly noticed an application for a wetland replacement plan on February 10, 2011 in accordance with Minnesota Wetland Conservation Act rules (MN Rules Ch. 8420). • The wetland replacement plan proposes to meet state requirements (per MN Rules Ch. 8420.0522, Subp. 4) by withdrawing 8,326 square feet (0.192 acres, a 2:1 replacement ratio) from the City's wetland bank accounts. • Assuming Council approval of this withdrawal, the City will have about 74,500 square feet (1.7 acres) remaining in its wetland bank accounts. This does not include the additional wetland bank area the City is still developing in Wandering Walk Park, alongside Wescott Road and across from the south entrance to Thompson Reuters. • The February 10, 2011 public notice indicates the City Council will make a decision on the wetland replacement plan application at its March 15, 2011 meeting. ATTACHMENT: • Wetland Replacement Notice of Application, pages A–y—througlIR� d� Minnesota Wetland Conservation Act Notice of Application Local Government Unit (LGU) Address City of Eagan 3501 Coachman Pt Eagan, MN 55122 1. PROJECT INFORMATION Applicant Name Project Name Date of Application City of Eagan c/o John Gorder Ames Crossing Road (Segment Application Number 2); City Project 1016 -R 01/27/2011 11012701 Type of Application (check all that apply): ❑ Wetland Boundary or Type ❑ No -Loss ❑ Exemption ❑ Sequencing ® Replacement Plan ❑ Banking Plan Summary and description of proposed project (attach additional sheets as necessa City proposing to construct second segment of Ames Crossing Road from Boulder Lakes Business Park (segment 1) to north leg of Ames Crossing Road. Utilities and two stormwater ponds also will be constructed in project corridor. Proposed project would fill 0.096 acres (4,163 ft of Type 2, Type 3, and Type 4 wetlands. City proposes to replace these unavoidable impacts at 2:1 ratio by withdrawing credits from its off -site wetland bank ( 91436) in Carver County. 2. APPLICATION REVIEW AND DECISION Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 3 provide notice that an application was made to the City of Eagan under the Wetland Conservation Act as specified above. A copy of the application is attached. Comments can be submitted to: Name and Title Eric Macbeth Water Resources Coordinator Comments must be received by: 4:30 p.m. March 7, 2011 Address Date, time, and location of decision: 3501 Coachman Point March 15, 2011; 6:30 p.m. Eagan, MN 55122 Eagan Municipal Center 3830 Pilot Knob Rd, Eagan, MN 55122 Phone Number and E -mail Address Decision -maker for this application: (651) 675 -5300 ❑ Staff emacbeth cit ofea an.com ® City Council Signature: Date: 02/10/2011 BWSR Forms 11 -25 -09 �� Page 1 of 2 3. LIST OF ADDRESSEES ® SWCD TEP member: Brian Watson, Dakota County SWCD ® BWSR TEP member: Ken Powell, BWSR ® DNR TEP member: Melissa Doperalski, MDNR ® WMO: Gun Club Lake Watershed Management Organization ® Applicant (notice only) and Landowner (if different): John Gorder, City of Eagan; Cole Enterprises, Inc.; Travis Fristed, WSB ® Members of the public who requested notice: Eric Vevea Corps of Engineers Project Manager: Sarah E. Wingert, USCOE BWSR Wetland Bank Coordinator: Dan Girolamo, BWSR 4. MAILING INFORMATION For a list of BWSR TEP representatives, see: www.bwsr.state.nin.us/aboutbwsr/workareasAVCA ➢For a list of DNR TEP representatives, see: www.bwsr.state.nui.us/wetlands/wca/DNR contacts.pdf ➢ Department of Natural Resources Regional Offices: NW Region NE Region Central Region Southern Region Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources 2115 Birchmont Beach Rd. 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South NE Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 Bemidji, MN 56601 For a map of DNR Administrative Regions, see: http: // files .dnr.state.mn.us /aboutdnr /dnr regions.pdf For a list of Corps of Project Managers, see: www.mvp.usace. army. mil /regulatory /default.asp ?pageid =687 or send to: Dept. of the Army, Corps of Engineers, St. Paul District ATTN: CO -R, 190 Fifth Street East St. Paul, MN 55101 -1638 For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 5. ATTACHMENTS In addition to the application, list any other attachments: BWSR Forms 11 -25 -09 �� Page 2 of 2 Agenda Information Memo March 15, 2011 Eagan City Council Meeting J. PROJECT 971, DUCKWOOD DRIVE OVERPASS EASEMENT ACQUISITION ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 971 (Duckwood Drive — Bridge and Street Improvements) with the owner of Parcel No. 10- 77150- 010-01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 16, 2010, the City Council amended the Part III 5 -Year Capital Improvement Program (2010 -2014) to incorporate the placement of Contract 09 -18 (Duckwood Drive/Federal Drive — Bridge and Street Improvements) in 2011. The improvement includes the construction of the Duckwood Drive Overpass and associated street improvements. • The construction of an overpass for Duckwood Drive requires the acquisition of permanent and temporary easements from a number of impacted properties. • Appraisals have been obtained for all required easements. The estimated value of the easements for the referenced property indicated a value of $57,000 (Spring Hill Suites). An offer was accordingly forwarded to the legal representative of the property. The representative has accepted the City's offer. • An agreement between the City of Eagan and the owner of Parcel 10- 77150 - 010 -01, Lot 1, Block 1, Towneplace Suites Addition, has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session due to the pending litigation status of this easement acquisition. ATTACHMENTS: • Easement Exhibit, page p ME a \ 1 1 1 I I J I 1 � I 0 1 w 1 m 1 N \ W \ O _' 322.:•. ❖.� i0•�•i�•`s. N32'07'57'E 1 CSM LODGING, LLC 3685 CRESTRIDGE DR. P.I.N. 107715001001 z�- xi 1 0 v m 0 n L Job 111, 5 5/5/2010 EASEMENT ACQUISITION DUCKWOOD DRIVE OVERPASS CITY OF EAGAN, MINNESOTA T - - I LOTCgRNER 153.7 I 15.06''' 1 /�- I CRESTRIDGE DR. I , J J � r ii JI I - Parcel 8 i ' � i I i i � I j i T - - I LOTCgRNER 153.7 I 15.06''' 1 /�- I CRESTRIDGE DR. I , J J � r ii JI I - Parcel 8 Agenda Information Memo March 15, 2011 Eagan City Council Meeting K. PROJECT 971, DUCKWOOD DRIVE OVERPASS EASEMENT ACQUISITION ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 971 (Duckwood Drive — Bridge and Street Improvements) with the owner of Parcel No. 10- 77030- 010-01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 16, 2010, the City Council amended the Part III 5 -Year Capital Improvement Program (2010 -2014) to incorporate the placement of Contract 09 -18 (Duckwood Drive/ Federal Drive - Bridge/ Street Improvements) in 2011. The improvement includes the construction of the Duckwood Drive Overpass and associated street improvements. • The construction of an overpass for Duckwood Drive requires the acquisition of permanent and temporary easements from a number of impacted properties. • Appraisals have been obtained for all required easements. The appraised value of the easements for the referenced property indicated a value of $54,200 (Eagan Auto Mall). While the city's original appraised value was not acceptable to the property owner, the staff was able to reach concurrence at $57,200, which is within the project easement acquisition limits taking into account the cost of pursuing eminent domain proceedings. • An agreement between the City of Eagan and the owner of Parcel 10- 77030 - 010 -01, Lot 1, Block 1, Town Centre 70 6th Addition, has been prepared providing for the requested acquisition cost ($57,200) for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session due to the pending litigation status of this easement acquisition. ATTACHMENTS: • Easement Exhibit, pag v If KRES TWOOD V V 25 50 scale in feet O EAGAN AUTO MALL, LLC . . . 1379 TOWN CENTRE DR. P.I.N. 107703001001 V LEGEND Z "It..1 NO DENOTES PERPETUAL -3 -2 -4, 1 EASEMENT (2405 SQ. FT.) DENOTES TEMPORARY EASEMENT (5126 SQ. FT.) C) 77-7 9- DUCKWOOD DR. EASEMENT ACQUISITION M C- LZ= DUCKWOOD DRIVE OVERPASS ml.9c-pll- CITY OF EAGAN, MINNESOTA Job #7015 412212010 aq - --------------- PILOT KNOB RD. Parcel 5 7 - I 77-7 9- DUCKWOOD DR. EASEMENT ACQUISITION M C- LZ= DUCKWOOD DRIVE OVERPASS ml.9c-pll- CITY OF EAGAN, MINNESOTA Job #7015 412212010 aq - --------------- PILOT KNOB RD. Parcel 5 7 - I Agenda Information Memo March 15, 2011 Eagan City Council Meeting L. QWEST SETTLEMENT AGREEMENT ACTION TO BE CONSIDERED: Approve a settlement agreement between the City and Qwest Corporation calling for payment to the City in the amount of $8,840.25, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In September, 2010, the City Utility Department discovered a City sanitary sewer pipe at 1995 Silver Bell Road that collapsed as a result of damage caused by the installation of a fiber optic phone line by Qwest Corporation in 2004 under a City of Eagan right -of -way permit. • The City incurred costs to repair the sanitary sewer pipe damage caused by the Qwest installation. • City staff was able to reach an agreement with Qwest regarding reimbursement for the cost to repair the line, and is now presenting this settlement agreement to the City Council for approval. • The settlement agreement has been reviewed by the City Attorney and found to be in order for favorable consideration by the Council. 1 Agenda Information Memo March 15, 2011 Eagan City Council Meeting M. METROPOLITAN COUNCIL GRANT AGREEMENT — I & I MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Agreement with the Metropolitan Council for a Municipal Publicly Owned Infrastructure Inflow & Infiltration Grant Program and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In the 2010 Legislative Session, the Minnesota Legislature appropriated $3 million for a matching grant program to be administered by the Metropolitan Council for the purpose of providing financial assistance to municipalities for capital improvements to their public sewer systems to reduce the amount of inflow and infiltration to the metropolitan sewer disposal system. Because the funding appropriations are proceeds of State General Obligation Bonds, it cannot be used for any private property improvements (i.e. private sump pump and sewer lateral corrections). • City Staff identified various elements of the City's sewer collection system for possible structural modification and improvements, such as lining of sewer laterals (11,800 ft), raising manhole structures above high water elevations adjacent to lakes and ponds (36 each), installing water tight seals on other manholes in ditches (49 each), etc. As a result of the City's application in competition with the other 33 eligible communities, Eagan has qualified for approximately $180,500 of matching funds. The identified improvements must be completed by Sept. 30, 2012. • The Agreement was prepared by the Metropolitan Council in accordance with the requirements of the Minnesota Department of Management and Budget (MMB), reviewed by staff and found to be in order for favorable Council consideration. �I Agenda Information Memo March 15, 2011 City Council Meeting N. APPROVE FIRST AMENDMENT TO AMENDED AND RESTATED MINNESOTA VALLEY TRANSIT AUTHORITY JOINT POWERS AGREEMENT ACTIONS TO BE CONSIDERED: To approve the first amendment to the amended and restated Minnesota Valley Transit Authority (MVTA) Joint Powers Agreement (JPA). FACTS: • The Minnesota Valley Transit Authority (MVTA) Eagan Bus Garage is proposed to be expanded due to the need to house additional buses as part of the Cedar Avenue BRT plans. • The MVTA Board, on which Councilmember Hansen serves as the Vice Chair, has determined that it is in the best interest of the MVTA and its parties to finance the acquisition and expansion of the Eagan Bus Garage by issuing certificates of participation (COPS) in a lease - purchase agreement. • Furthermore, in order to ensure that the lease may be issued on a tax - exempt basis, bond counsel to the MVTA has recommended that the JPA be modified in order to expressly authorize lease - purchase financing by the MVTA on behalf of all parties in the JPA. • All parties of the JPA are asked to formally consider and approve the amendment to the JPA. ATTACHMENTS: • Enclosed on pages through � is a resolution to approve the first amendment to the amended and restated MVTA joint power agreement, as well as the proposed amendment itself. 0 CITY OF EAGAN RESOLUTION NO. APPROVING FIRST AMENDMENT TO AMENDED AND RESTATED MVTA JOINT POWERS AGREEMENT BE IT RESOLVED By the City Council (the "Council ") of the City of Eagan (the "City ") as follows: Section 1. Recitals 1.01. The City is a party to the Minnesota Valley Transit Authority (the "Authority "), which is a joint powers entity organized pursuant to Minnesota Statutes, section 471.59 and Sections 473.384 and 473.388, operating under an Amended and Restated MVTA Joint Powers Agreement Establishing the Minnesota Valley Transit Authority, dated as of June 7, 2005 (the "JPA"). 1.02. The Authority has determined that is in the interest of the Authority and its parties to finance the acquisition and betterment of an expansion to the Eagan Bus Garage operated by the Authority (the "Project "), through issuance of certificates of participation ( "COPs ") in a lease - purchase agreement (the "Lease ") regarding the Project, pursuant to Minnesota Statutes, Section 465.71. 1.03. In order to ensure that the Lease may be issued on a tax - exempt basis, bond counsel to the MVTA has recommended that the JPA be modified in order to expressly authorize lease - purchase financing by the Authority on behalf of each party as defined therein. 1.04. The Council has reviewed a First Amendment to the JPA (the "Amendment ") submitted to the City by the Authority, and has determined that it is in the best interests of the City to approve the Amendment. Section 2. Approvals 2.01. The City approves the Amendment in substantially the form presented to the Council. 2.02. The Mayor and City Clerk are authorized and directed to execute the Amendment, and deliver the same to the Authority. 2.03. City staff and consultants are authorized and directed to take all other actions required to carry out the intent of this Resolution. 382447v1 SJB MN455 -3 W 2011. Attest: Approved by the City Council of the City of Eagan this day of Mike Maguire, Mayor Christina M. Scipioni, City Clerk 3824470 SJB MN455 -3 2 211 FIRST AMENDMENT TO AMENDED AND RESTATED MVTA JOINT POWERS AGREEEMENT ESTABLISHING THE MINNESOTA VALLEY TRANSIT AUTHORITY THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED JOINT POWERS AGREEMENT (the "First Amendment ") is by among the Cities of Apple Valley, Burnsville, Eagan, Rosemount, and Savage, from hence forth to be known as the "Cities," municipal corporations organized under the laws of the State of Minnesota. Recitals A. The Cities have previously established the Minnesota Valley Transit Authority (the "Authority "), a joint powers entity organized pursuant to Minnesota Statutes, section 471.59 and Sections 473.384 and 473.388, all pursuant to an Amended and Restated MVTA Joint Powers Agreement Establishing the Minnesota Valley Transit Authority, dated as of June 7, 2005 (the "JPA "). B. The purpose of the Authority is to provide public transit service for the cities pursuant to Minnesota Statutes, Section 474.388. C. In order to clarify certain powers of the Authority, the Cities have determined a need to modify the JPA as described in this First Amendment. Agreement Based on the terms and conditions of this First Amendment and for other good and valuable consideration, the parties agree that the JPA is hereby modified as follows: 1. Section 6 of the JPA is hereby amended to add the following to the list of powers and duties of the Authority: (K) The Authority may finance the acquisition of any real or personal property under a lease - purchase agreement pursuant to Minnesota Statutes, Section 465.71, including without limitation through issuance of certificates of participation in such lease (together, a "Financing Lease "); and each City hereby expressly approves and authorizes any Financing Lease entered into by the Authority on behalf of the Cities. 2. The JPA remains in full force and effect and is not modified except as expressly provided herein. 3. This First Amendment to the JPA shall be in full force and effect when all five parties sign this First Amendment. All parties need not sign the same copy. The signed 382413vl S.113 MN455 -3 W First Amendment shall be filed with the Executive Director, who shall notify all parties at the earliest Board meeting of its effective date. Until this First Amendment is signed by all parties, the preceding JPA shall remain intact and in effect. (Remainder of this page intentionally left blank) 382413v1 SJB MN455 -3 2/ _ 2 Adopted this day of , 2011 CITY OF EAGAN By Mike Maguire, its Mayor By Christina M. Scipioni, its City Clerk STATE OF MINNESOTA ss.: COUNTY OF The foregoing instrument was acknowledged before me this day of 2011 by Mike Maguire and Christina M. Scipioni, the Mayor and City Clerk, respectively, of the City of Eagan, a Minnesota municipal corporation, on behalf of the City. (SEAL) Notary Public 382413v1 SJ13 MN455 -3 '57 5 Consent Agenda Information Memo March 15, 2011 City Council Meeting O. FINAL REPORT RCM/ULI OPPORTUNITY CITY PROJECT — CITY OF EAGAN DIRECTION TO BE CONSIDERED: To adopt the Opportunity City Summary Final Report and to direct staff to work with the Advisory Planning Commission and Dakota County CDA to fine tune the areas of interest selected by the City Council. FACTS: ➢ The City Council and the Advisory Planning Commission received an update of the final report at their joint workshop held on March 8, 2011. A number of program recommendations were discussed and the Council requested additional work and research be done within the broader categories of Neighborhood Preservation, Aging in Place, Attract/Retain Young Households and Increasing Connectivity; specifically, to help further "unpack" the areas: o Housing Renovation Loan Programs o Rental Registration o Point of Sale Home Inspections o Accessory Dwelling Units o Senior Housing Regeneration o New Lifestyle Rental o Complete Streets ➢ The Urban Land Institute and Regional Council of Mayors developed the Opportunity City Program as a tool for cities interested in receiving assistance in pursuing their goal of supporting a full range of housing choices in suburban cities for a stronger, more prosperous region. ➢ During the Opportunity City process, the City Council received information and updates pertaining to Community Change Data, Eagan Housing Audit and the ULI Site Evaluation Panel's review of the Central Commons, Cliff Road Commons and Cedar Grove Commons Special Areas and developed the Site Evaluation Report. ➢ Due to time constraints, the City Council and APC did not have a chance to review the Professional Site Review Team recommendations on the selected Special Areas; staff will bring that information forward to the Council at a later date. ATTACHMENTS: (1) Opportunity City Program Summary Report on pages 0 through 5z� Urban Land Institute Minnesota/ Regional Council of Mayors Opportunity City Program Summary Report City of Eagan 3� Urban Land Institute (ULI) Mission: ULI provides responsible leadership in the use of land and in the creation of thriving communities worldwide. Urban Land Institute Minnesota (ULI MN): ULI Minnesota actively engages public and private sector leaders in land use planning and real estate development to learn, network and join in meaningful, strategic action. The future holds many challenges and opportunities; we need the diversity of ULI Minnesota's professional community to meet them wisely. Regional Council of Mayors (RCM) Supported by ULI Minnesota, the nationally recognized Regional Council of Mayors represents Minneapolis, Saint Paul and 42 municipalities in the developed and developing suburbs. This collaborative partnership provides a nonpartisan platform that engages mayors in candid lialogue and peer -to -peer support, and builds awareness and action for a more connected, more sustainable and more prosperous region. �I Eagan's Story The City of Eagan is a nearly fully developed, vibrant community conveniently located in the southeast Twin Cities area` along two major interstates. Eagan is a relatively large suburban community with a total population of65,933 people, encompassing approximately 34 square miles or 21,000 acres. Its close proximity to both downtown Minneapolis and St. Paul, and location near the international airport have contributed to Eagan having one of the largest and most diverse employment bases in the region. The relationship between Eagan's large employment base and its housing needs are important to the City's future stability and economic prosperity. Historically, a large percentage of Eagan's homes were constructed from the 1970's to early 1990's. With the completion of Interstate 35E in the mid 1980's, major commercial concentration formed near the center of the City. The construction of Highway 77, a new Minnesota River bridge, and interstate 35E accelerated the growth of the community. Development of townhomes, condominiums, and single family homes boomed during the 1980s and early 1990s. As the senior population living in Eagan has increased, residential development geared toward "empty nesters" and seniors has become more common. This has resulted in a decrease in persons per household and school- age children. Even though the City has a wide range of housing choices, home and residents are beginning to age, which presents challenges related to the need for increased maintenance and ability to diversity the City's housing stock to be attractive to young families and young professionals. Eagan has a strong history and policy of working with other agencies to achieve community goals. In particular, the City's relationship with the Dakota County Community Development Agency will continue to be essential in addressing future housing needs as the County continues to develop, preserve and administer housing programs in support of a full range of housing choices. With the ability to guide redevelopment to diversify the housing stock, the City is in a good position to provide housing options that meet the needs of young professionals and older residents wanting to stay and thrive In the community. �a The Opportunity City Pilot Program has five key themes in support of a full range of housing choices: • Preservation and rehabilitation • Production of housing units that support varied resident life cycles and incomes • Use of regulatory incentives • Sustainability Evaluate Community Factors: In every city, there are internal and external factors that hinder the city's ability to provide a full range of housing choices. In Eagan, a few factors were evident, as determined through interviews with staff, planning commission, city council and review of city materials. City is Close to Being Fully Developed • Lack of land for new development increases the challenge to diversity the housing stock • Current housing is beginning to age • Redevelopment of existing uses is costly and time consuming which may hinder the benefits of revitalization and increase property values Higher Land and Housing Costs • Higher land values may make it more difficult to attract /retain young households due to a higher cost of new homes • Younger households typically purchase existing homes as they become available • Jobs /housing balance connected to transportation systems Households and Homes are Aging The review of Eagan's goals and implementation strategies indicate a wide range of support for these key themes. (A full summary is included in appendix 1.) • Increase the quality of housing stock and preservation of housing values • Ensure strong, desirable and safe neighborhoods with well- maintained property • Encourage appropriate recreational, educational, health and other supportive services for all residents • Maintain a diverse mix of housing types and values for persons of all incomes and stages of life • Maintain a "fair share" of housing to serve low /moderate income households • Ensure orderly and compatible redevelopment with existing surrounding uses. �-3 4 • The City is experiencing an increased number of property maintenance violations • Decrease in persons per household, which results in an increase in empty nesters, lower turnover and households aging in place. These factors impact city and school services and facility needs. This aging trend is expected to continue. City Housing Goals and Policies: Program Review: Through the Dakota County Community Development Agency (DC -CDA), Eagan residents have access to a wide variety of housing programs for home renovation and purchase assistance. The renovation and purchase programs primarily serve low- to moderate- income households with incomes at or below 50 -80% of the area median income (AMI), based upon family size. Medium income is defined at an annual income of $78,000 for a family of four. The City of Eagan property taxes support these programs through contribution of the annual county tax levy in the amount of approximately $1.3 million. The following is a summary of the programs reviewed as part of the housing audit over the last five years. (Refer to Appendix 3 for details on the programs). Single Family Rehab Loan • Provides up to a $25,000 loan for home renovations. For those with income less than 50% AMI there are no payments until the home is sold, refinanced or becomes non - homestead. For those with incomes between 50 -80% of the AMI, 3% of the loan is deferred. Since 2005, the program has served 53 homeowners, which is less than 0.4% of Eagan's single family households. First Time Homebuyer Loan • Offers a first mortgage loan with an interest rate of 4.75% for those first -time homebuyers who have an income at or below 80% AMI and a purchase price less than $276,683. Since 2005, there have been 149 loans issued to first -time buyers of Eagan homes. Down Payment Assistance • Provides up to $10,000 in funds with zero interest and no payments until resale, refinance or the home becomes non - homestead. Thirty -one residents have been provided with down payment assistance. Housing Counseling Services • There were 768 Eagan residents served by home ownership classes (417) and foreclosure prevention (351) over the past 5 years. • Each year there were more residents taking a home ownership class rather than a foreclosure prevention class — with the exception of 2008, which was the height of the economic downturn. Production & Preservation of Affordable Housing. In addition to its housing programs, the DC -CDA provides funding for the development of new mixed income and affordable housing for seniors and families, as well as the renovation of apartments in the City of Eagan. New affordable & market- rate housing for families =- 264 units built and 47 planned • Commons on Marice -156 (32 affordable) • Oak Ridge Townhomes — 42 units • Erin Place Townhomes — 34 units • Cedar Villas -104 units (21 affordable) • Future Northwood Site — 47 units Renovation of exlstina affordable housing • View Pointe Apartments — 66 units Supportive Housing for youth & families = 61 units built /planned • Lincoln Place — 25 units • Dakota Woodlands — 21 units • Robert Lewis —15 units New Senior Housina = 245 units • Lakeside Pointe — 60 units • Oakwoods of Eagan — 65 units • Oakwoods East— 55 units • O'Leary Manor— 65 units City Official Controls & Land Use Strategies In addition to specific housing programs, the City uses several methods through its land use and official controls to support and promote redevelopment and reinvestment of the City's housing stock and reuse of land. • Special Areas —There are seven special development areas that allow flexibility and land use cohesiveness for future development /redevelopment. • Planned Development District — The tool is used for mixed use developments and to allow design flexibility where smaller lots /streets and connectivity are considered. • Property Maintenance Ordinance —The City has adopted an exterior maintenance ordinance to address home and business exterior code violations to maintain property values and protect the health and safety of residents. • Cedar Grove Master Plan —The City is committed to providing 20% of units as affordable within this development area. • Sustainability — Several key sustainability strategies have been identified within the City's comprehensive plan including the promotion of green building and development techniques. • Active Living Program —The City identifies several land use initiatives to support active living, inciudi� participation in the "Designing for a Lifetime" program to assess and report on the community's ability to serve older residents. W, Community Change Key Points: Eagan's community change data - the review of householders a ges; mix of housing types; owner and renter status; value of ownership housing; new birth trends; turnover and retention; and where people are moving to and from and in what type of housing - resulted in the observation of three key themes: 1. The progression of those individuals aging in place will make it Increasingly difficult for younger households to find single family housing in the City. 2. The majority of younger households are living in rental housing and when they choose to move, they are leaving the City. 3. There is a small percentage of affordable ownership housing that may impact the ability to retain and attract younger professionals and families. The following is a summary of some key finding from the report. (Refer to Appendix 5 - Full Eagan Community Change Report). Household Growth: Eagan has a resident base dominated by households ages 35 to 54. Between 2004 -2009, the majority of growth was seen in those ages 55 or more ( +2,149) — a 36% increase compared to the national growth rate of 25 percent. At the same time, households under age 35 experienced a 4.2% decrease in growth. Similarly, those age 35 to 54 (middle -aged and the largest number of household's) experienced an 8% loss of growth. Turnover of Residents. Household turnover Is a measure of mobility, which is an important Indicator of housing availability. The overall turnover rate (2004 -09) is 6.8 %. This rate has trended down each year since 2004, resulting In many more households not moving. The owned single family turnover rate is even lower at 2.7% - further limiting housing opportunities for people wanting to move Into the City or move from an apartment to a single family home. There is a higher than average rate of households in multifamily housing moving out of the City indicating that there may be a lack of affordable single family options for them to move into. 0 Housing Mix. In 2009, there was an owner -to- renter ratio of 74/26% and a mix of single family to multi - family of 53/47 %. 58 percent of households age 35 and under are in rental housing which Is 41 percent of all the rental units. These are the future buyers of homes in Eagan. The percentage of younger households In rental housing is higher than Dakota County's average of 34.7 percent indicating that younger households in Eagan are more. dependent on rental housing. Value of Housing. In 2009, only 29% of homes had a tax value less than $250,000, and less than 4% of home are under $200,000 value. Of the total units less than $200,000, 14% are owed by those under age 35. Households under the age of 35 have been moving away from the higher priced single family homes in the City. Most of this decline Is seen in homes built between 1980 and 1999. A growing proportion of the homes built before 1980 are in the hands of households ages 55 and older, while 200 of those homes are occupied by households ages 75 or older. It is expected that this trend will continue and the need for housing maintenance services to increase with It, Because the single family housing of those over age 55 is not reselling In this market, many householders will chose to stay, to reinvest in updating the housing. They may remain for another 15 to 20 years. i s Retention. Overall, 28% of those who moved within the 7- county area from a home in Eagan found another home or apartment In the City between 2004 and 2009. This is a lower turnover rate than other cities studied — Brooklyn Park at 33% and Rosemount at 35 9 , o, but higher than Shoreview at 20% and Minnetonka at 25 %. The largest percentage of turnover by age group Is for those under age 35. However, within this age group, there is the smallest percentage of retention at 23 %, indicating a need for new housing choices, or the availability of existing choices, for that age group. Within Eagan, 28% of apartment renters moved to a single family dwelling. This compares to 36% for Dakota County as a whole. Employment Base. Of the 47,000 jobs in the City, 13% are held by Eagan residents. Eighty -three percent of Eagan working residents commute, with 40% of those commuting to Hennepin County. Twenty -seven percent of Eagan residents working are under the age of 30 and 20% of those younger residents make less than $1,251 per month — the majority (56 %) make over $3,333 per month — and are likely middle aged and mid career. 4s. } t <�fit +ft `t it Dp Bi P}�rlftt - 0s(r f t o�`P [Cj' 4Pf 6' 1RFI't Pl 'ft' E �`r ,'f``jfr e[ TC. oafJZY 'P'�c1r }Ear lf{flt^5,<! r 1pF �p3 aT Jp 16��? ` f ¢ S latiir rtl ��k. 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However, key observations emerged through the Opportunity City process that will impact planning to support future housing choices and changes in market demands. • The loss of young households as they move • The lack of turnover of aging adults • A lack of connectivity and walkability created by suburban street patterns and segregated land uses These factors contribute to aging in place, loss of families and challenges in attracting the younger age cohort necessary to support schools, retail and city services. Increasing the number of options for both young households who want to live in the city and older adults who want to move from their single - family homes but stay in the city will be important. City leadership can prioritize its policies related to future land use and housing programs that help to create more connectivity and provide additional options and opportunities related to renovation and redevelopment to address these issues. There is no quick fix. The recommendations below should be considered as short and long term options to include within the City's housing and development tool box and evaluated to provide a balance in addressing the needs of residents as they age while maintaining an attractive community for young households. We have provided examples of best practices in italics after several recommendations. More details on these and other best practices are provided in appendix 8 for the city's further review. Enhance neighborhood preservation strategies. City leaders have a variety of public tools and strategies they can use to determine their participation in neighborhood preservation. Continuing to be part of the solution and helping to ensure that property is maintained takes strong local leadership and vision. Providing a wide range of strategies that balance renovation, maintenance and redevelopment of the existing housing stock is important. • Continue to market DC -CDA loan programs for home renovations. Evaluate need to create a City- specific program that targets households who have income above the maximum allowed for use of the County and State programs. Targets could include 120% Area Median Income, home value and age thresholds – Roseville Renovation Program model. • Consider establishing a rental licensing or registration program to maintain quality in rental housing and provide a mechanism for engaging the rental community – landlords and tenants - Bloomington Rental Licensing Program or Roseville Rental Registration models. • Consider long term strategy and economic benefits of a point of sale type program to ensure that property values are maintained over time - St. Louis Park Program model. • Consider the cost and benefits of designating established neighborhoods within the City to provide an increased sense of place, support for neighborhood initiatives, and a way for the City to more actively engage residents in land use, renovation, safety and service issues. • Continue to consider use and need for Housing Improvement Area tool to help finance the renovation of townhome and condominium complexes. Be proactive in addressing aging in place. Like most of the metropolitan region, Eagan is beginning to see evidence that residents are aging and remaining in their homes longer; they are "aging in place." Retention of households —even as they age —is a benefit for the city; it helps keep the social fabric and volunteer base of the community vibrant. However, losing younger households as they grow and move away and not having options that older adults desire to move into can stifle home values and shift public and private sector service and retail needs. Local leaders can provide policies and tools that create opportunities for all resident life cycles and maintain a vibrant community that keeps residents safe while maintaining healthy levels of household turnover (more than 4 %) and resident retention (higher than 20 %). • Evaluate options for allowing accessory dwelling units within existing single family neighborhoods to provide options for families to care for aging parents within the home or on the same lot. (Refer Appendix 4 for a summary of ULI MN research and sample ordinances). T� • Identify existing NORCs (naturally occurring retirement communities) — through targeted demographic mapping of neighborhoods with at least 60% head of households over age of 55 - expand on Excensus Community Change data - to help plan for transportation and other service geared toward seniors. Ex: senior villages. • Build on recommendations from the Design for a Lifetime. Initiative and the ongoing activities of the Active Living Initiative. Expand upon this work by conducting an Aging in Place survey of resident needs. • Expand support for DARTS - Household Services that provides maintenance advice and service to seniors on a fixed incomes. • Utilize housing service providers to stimulate /incentivize Universal Design features in renovations for housing for those over age 55. Attract and retain young households. Efforts to provide opportunities for young households in the City are important to providing a full range of housing choices and to regenerate neighborhoods stabilize school enrollment and keep commercial services and retail businesses viable. National statistics indicate that future households will demand more compact and connected communities. The City of Eagan has several opportunities to develop land that includes options for young professionals and growing families in connected livable communities. The City can provide resources with a specific focus on retaining and increasing the younger resident population. • Market availability of homes and /or renovation programs to young households by partnering with the City's school districts, faith -based organizations and the real estate community. • Invest in the Senior Housing Regeneration Program — market to older households who wish to sell their home — renovate and resell to young households and /or first -time homebuyers — Ramsey County model. • Evaluate options for allowing accessory dwelling units within existing single family neighborhoods to provide options for older children to live with parents but retain independence — within existing home or on the same lot. • Invite non - profit community development agencies to become community partners and develop new workforce housing for young households. • Include new lifestyle rentals within key special area plans. Target young professionals who are not ready to purchase a single family home but want condo -type environment with amenities within the complex. This type of housing helps to create a ready market by attracting and retaining future buyers of single family homes and users of parks and services. Modify land use codes to allow them to be less prescriptive and more flexible to meet the needs of the target market at that time and support architectural creativity. Increase connectivity through new housing strategies and support of transit investments. While the City is nearly fully developed, there are opportunities through redevelopment and development of vacant land to construct new housing that addresses aging and helps to attract younger households. Supporting new housing units, in addition to proactive maintenance and renovation of existing housing, will help to ensure that a full range of housing options are available within the city in connected, livable communities. Also, federal transportation, housing and environmental policies have shifted to support strong, sustainable communities by connecting housing to jobs, fostering local innovation, and helping to build a clean energy economy. In order to support this mission, it is important that not only federal but state, county and local housing and transportation investments are coordinated with local land use decisions. The coordination will result in reduced transportation costs for families, improved housing affordability, energy savings, and increased access to housing and employment opportunities. • Require a mix of housing options — type, style, size and price — within Tax Increment Financing Policy and require a minimum of 20% of new housing to be affordable for working families. • Maintain and enhance density for housing that is connected to jobs, transportation options, and community amenities, including parks, open space, shopping & schools. • Support the expansion and availability of broadband capacity within all residential areas and require connectivity when housing projects are being built. • Use ULI MN Community Site Principles within the review of master plan developments and to respond to development proposal that include housing. The Community Site Principles support connectivity in land uses, strf, patterns and the connection of housing with jobs and transportation networks. lid Provide a full range of housing choices within all new housing developments. Support a mix of options for young professionals connected to employment areas, workforce housing with a range of affordability options and housing for seniors and empty- nesters. Adopt a Complete Streets Ordinance that requires new and redeveloped street patterns to support connectivity, walkability and bikability. Work with employers and Chambers of Commerce to embrace the value of employees who live close to work. o Evaluate opportunity to partner with key employers to support a Live Where you Work housing loan program. —St. Louis Park model Encourage residents to use available transit and entice retail and professional services companies to locate near park & ride and /or BRT locations. 0 83% of Eagan working residents commute to work — with 40% of those commuting to Hennepin County, 17% Ramsey and 15% within Dakota County o Designate transit stations as community assets and amenities o Encouraging higher density and a range of housing choices within walking and biking distance to transit stations allows for vibrant and flexible commercial districts. Encourage Dakota County to modify county road design to support a more urban setting that connects land uses and transportation decisions allowing for more walkability and connectivity to people rather than vehicles. Evaluate local street design to connect cul -de -sac neighborhoods, increase mixture of land uses (commercial, civic, recreational and residential) and allow more traditional neighborhood development — increasing traffic flow, reducing travel time and creating a broader sense of community. o More and more recent national statistics conclude that there is a higher public cost in the maintenance of cul -de -sacs compared to a typical street grid pattern, and there is a decrease in connectivity of the residents to the broader community. • According to "Safe Routes to Schools" guide, increasing connectivity of streets, paths and sidewalks reduces travel distances and makes It easier for pedestrians and bicyclists to access destinations. Adding "connector fiiidsitootnotworksaraete more directmnoaarad paths" within cul -de -sac neighborhoods can Increase ma6welkinii •osier walkability and provide additional travel options. • According to John Wasik, author of The Cul -de -Sac Syndrome: Turning Around the Unsustainable American Dream. "A cul -de -sac Is basically a big, long driveway that ends at your house. It's not very U-11 efficient from a connectivity standpoint." • A study by the Charlotte, N.C., Department of Transportation found they decrease efficiency and Increase fire department costs. • A study by the University of Connecticut's Center for Transportation and Urban Planning found cul -de -sacs had more auto accidents because they must exit onto a much larger, heavily traveled arterial road. • According to a Milwaukee Magazine November 2010 article, "A plow can generally clear six to eight traditional streets in the time It takes to deal with one cul -de -sac, which is a 90 -foot asphalt circle (on average) comprised of hazards seen and unseen. Continue to work cooperatively with Dakota County Community Development Agency (DC -CDA) The City of Eagan and all of Dakota County's cities are fortunate to have the housing renovation, purchase assistance and affordable options provided by the Dakota County Community Development Agency. The wide range of programs and commitment to develop a wide range of housing options is a benefit to the cities and residents within the county. • Support annual levy contribution. • Partner on new affordable housing developments that meet city goals and objective to provide a full range of housing options in the City. • Hold annual housing forum among adjoining cities and county policy leaders - engage community in the discussion of housing needs. Understand the sub - regional housing market and impacts on neighborhood schools in larger districts. 10 µ9 Next Steps: The Opportunity City Program is only the first step in supporting a full range of housing choices In the community. Suggestions for next steps associated with implementation of the recommendations that balance issues of aging in pl� and housing attractive and affordable to younger households include the following: • Gain acceptance of the ULI MN /RCM Opportunity City report by the City Council. • Prioritize recommendations that will have the largest impact in supporting housing goals for a full range of housing choices. Identify short and long term priorities. • Prepare a work program that outlines the steps and time needed to effectively implement short term priorities. Evaluate budget and staff resource implications tied to each priority. • Determine how the recommendations affect land use codes, program service providers and staff workload. Include performance targets to track the progress of program changes and additions. Setting performance targets and tracking the progress of local tools and strategies against benchmarks will provide a level of understanding to public officials and residents that become critical during the annual budgeting process. (Detail regarding performance measures as it related to housing tools and strategies are attached in appendix 9.) • Evaluate the need to amend the City's comprehensive plan based upon implementation of recommendations. • Discuss the broader meaning of demographic data as it compares to current market conditions and evaluate how the data. relates to the region. Incorporate future data updates and online neighborhood level data tool. • Hold an annual housing summit to review progress on priority recommendations and determine next steps and implications of implementing long term strategies. City policy leaders are faced with an important opportunity to include a full range of housing options for their current and future residents. This supports economic prosperity for the long -term success of city services and business vitality. Policy leaders should support next steps that make valuable changes to the way that the tools and strategies are delivered throughout the City. Many of the recommendations have budget implications and affect staff resources. Prioritization of the recommendations will be essential. 11 S� t Av �1 w t'�i��`�� 91Qa1''�aLlxr��altl �� l'��,.�p �C` �, ��h��t- r!'°I� {>"�'iaaNLloC��?Pl� � &wJ�F?�PEa•1`�t�i -: - '-� t ` c � ` r t' � Cw }zZflsre �; ladr�t`rr;� -t �3E1X °ki' ... _.. r ..1•_ b Agenda Memo March 15, 2011 Regular City Council Meeting P. APPROVE resolution to accept a cash donation from City & County Credit Union for entertainment for the 2011 Marketfest events and approve any appropriate changes to the 2011 budget. ACTION TO BE CONSIDERED: Adopt a resolution to accept a cash donation of $4,000 from City & County Credit Union for the 2011 entertainment series for the 2011 Market Fest events and approve appropriate changes to the budget. FACTS: • The Market Fest 2011 season is planned and ready to provide a farmers market, artisan market, food and music for the community to enjoy every Wednesday evening from June through September. • The weekly event has become a very popular gathering spot for the community to re- connect and has seen tremendous growth since it began in 2007. • Donation dollars were budgeted for 2011 to allow this free community program to be hosted by interested local partners. • For 2011, City and County Credit Union is the primary sponsor for the entertainment series that will be hosted during the Market Fest. They will be acknowledged at evening events in addition to Market Fest's publicity to the community. • This is the 5 consecutive year that City and County Credit Union has stepped forward to host the Market Fest entertainment series. ATTACHMENTS: Copy of Resolution on Page 55 CITY OF EAGAN RESOLUTION TO ACCEPT A CASH DONATION FROM CITY AND COUNTY CREDIT UNION WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, City and County Credit Union has expressed an interest in partnering with Eagan Parks and Recreation for the 2011 Market Fest event which features a farmers market, artisan market, food and music for the community to enjoy every Wednesday evening from June through September; and WHEREAS, City and County Credit Union has offered to donate $4,000 to be the primary sponsor for the Market Fest entertainment series; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $4,000 donation from City and County Credit Union for the 2011 entertainment series for the 2011 Market Fest events. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15 day of March, 2011. City Clerk S� Agenda Memo March 15, 2011 Regular City Council Meeting Q. APPROVE resolution to accept a cash donation from Genisys Credit Union for several 2011 Parks and Recreation programs and events and approve any appropriate changes to the 2011 budget. ACTION TO BE CONSIDERED: Adopt a resolution to accept a cash donation of $6,250 from Genisys Credit Union to support several 2011 Parks and Recreation programs and events and approve appropriate changes to the budget. FACTS: • The Genisys Credit Union has approached the City of Eagan for a second year to donate money to support several 2011 Parks and Recreation programs and events. Donation/sponsorship dollars were budgeted for 2011 to allow these community programs /events to be hosted by interested local partners. • Genisys Credit Union has asked to contribute to the following programs or events during 2011: o $2,000 to support the Puppet Wagon offering free entertainment within local parks during the summer. o $2,500 to support the annual Halloween Hodgepodge event that draws hundreds of people to the Eagan Community Center. o $750 to support the Eagan 5K Your Way Activity Festival that will replace the Fun Run in May. o $500 to support the Old Fashioned Holiday at Holz Farm that draws hundreds of people to the Holz Farm in the winter. o $500 to support the Teen Battle of the Bands (Eagan and Dakota County Battles) that provide opportunities for teen bands to compete and share their talents. ATTACHMENTS: Copy of Resolution on Page 5(P �S CITY OF EAGAN RESOLUTION TO ACCEPT A CASH DONATION FROM GENISYS CREDIT UNION WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, Genisys Credit Union has expressed an interest in partnering with Eagan Parks and Recreation to support several 2011 programs and events; and WHEREAS, Genisys Credit Union has offered to donate $6,250 in cash to support specific programs and events that are offered throughout the community; and WHEREAS, Genisys Credit Union has identified specific programs and events to benefit from their donation including Puppet Wagon, Halloween Hodgepodge, Eagan 5K Your Way Activity Festival, Old Fashioned Holiday at Holz Farm and Teen Battle of the Bands: NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $6,250 cash donation to support the following 2011 programs and events: Puppet Wagon ($2,000), Halloween Hodgepodge ($2,500), Eagan 5K Your Way Activity Festival ($750), Old Fashioned Holiday at Holz Farm ($500), Teen Battle of the Bands ($500) CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15 day of March, 2011. City Clerk OR Agenda Memo March 15, 2011 Regular City Council Meeting R. APPROVE resolution to accept cash and in -kind donations from Rasmussen College for the 2011 Market Fest and approve any appropriate changes to the 2011 budget. ACTION TO BE CONSIDERED: Adopt a resolution to accept a cash contribution of $1,500 and in -kind donations from Rasmussen College to support the 2011 Market Fest event and approve any appropriate changes to the budget. FACTS: • The Eagan Market Fest has been a very successful growing community event hosted at Central Park over the last few years. • Rasmussen College approached the City of Eagan for the third year to donate money, supplies or volunteers that would help enhance this popular event. • Donation/sponsorship dollars were budgeted for 2011 to allow this community program to be hosted by interested local partners. • Rasmussen College has asked to contribute $1,500, a limited number of items to be given away during the Health and Wellness Night of Market Fest as well as volunteer support to help during the event. ATTACHMENTS: Copy of Resolution on Page . s7 CITY OF EAGAN RESOLUTION TO ACCEPT A CASH AND IN-KIND DONATION FROM RASMUSSEN COLLEGE WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, Rasmussen College has expressed an interest in partnering with Eagan Parks and Recreation for the 2011 Market Fest event which features a farmers market, artisan market, food and music for the community to enjoy every Wednesday evening from June through September; and WHEREAS, Rasmussen College has offered to donate $1,500 in cash, a limited number of items to be given away for a specific date and volunteers for the 2011 Market Fest event; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $1,500 cash donation. in -kind donation of a limited number of items to be given away during the Health and Wellness Night of Market Fest along with volunteer support from Rasmussen College for the 2011 Market Fest events. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15 day of March, 2011. City Clerk • Agenda Memo March 15, 2011 City Council Meeting S. DECLARE the auxiliary generator adjacent to the Municipal Center as surplus property and have it disposed of appropriately. ACTION TO BE CONSIDERED: Declare the auxiliary generator adjacent to the Municipal Center as surplus property and have it disposed of appropriately. FACTS: • An auxiliary generator has been located on the west side of the municipal center to provide back -up service for several years. • A campus -wide back -up generator was placed on the south side of the Civic Arena to capitalize on energy savings and to provide consistent back up to the municipal campus and a nearby lift station. • The auxiliary generator remained on site and served as an additional back up to the dispatch center and police. • With the relocation of the dispatch center the need for the auxiliary generator was limited. It has since been disconnected and taken out of service. • Working with Dakota Electric, staff researched options to re- locate the auxiliary generator in an attempt to capture energy savings at another city building. • The investigation concluded that a significant level of electrical system upgrading and retrofitting would be required to accommodate the use of the generator as an emergency power source at another City Building. The cost of upgrading and retrofitting were determined to not be cost effective even with the potential for a reduced utility rate. There are other less costly options available should the need for additional backup power generation become a priority. • With no current or future need for this auxiliary generator, staff is recommending that it be declared as surplus property and sold in accordance with the appropriate protocol. It would be removed from the site when weather permits. ISSUES: • None 3q Agenda Memo City Council Meeting March 15, 2011 CONSENT AGENDA: T. TREE MAINTENANCE CONTRACTOR LICENSE FOR NORTHWAY TREE SERVICE ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Northway Tree Service, 26621 Woodcrest Circle, Elko, MN FACTS: Terry Taschuk, owner of Northway Tree Service, has applied for a Tree Maintenance Contractor license for 2011 and all requirements of the application have been met and the fee has been paid. Staff recommends approval. ATTACHMENTS: None. The application is available for review in the Administration Department. RN Agenda Information Memo Eagan City Council Meeting Consent March 15, 2011 U. PARTICIPATION IN TWIN CITIES REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP ACTION TO BE CONSIDERED: To approve participation in the Twin Cities Regional Economic Development Partnership and authorize the necessary changes to the 2011 budget. FACTS: • In 2009, the Itasca Project began discussions regarding means by which to improve job growth in the Twin Cities region. Itasca is made up of CEOs from firms including General Mills, Ecolab, Wells Fargo, United Health Group, Medtronic and others. The group recognized that the region was without a unified strategy and brand they viewed as necessary to both grow current businesses and to compete to attract business and job growth from elsewhere. • As an outcome of those conclusions, the organization initiated discussions with other stakeholders including area businesses, educational institutions, counties, cities, the Minnesota Department of Employment and Economic Development and others about the potential to form a partnership, the purpose of which would to meet those needs and to serve as a point of contact for site locators or business prospects considering locating in the region. • In mid -2010, the group came together as a private - public, non - profit entity and began to approach prospective partners for funding and board participation. While the majority of the partnership funding was sought from private sector businesses, requests were also made to the state and local governments for membership contributions. • Kathy Schmidlkofer of General Mills is serving as the loaned executive to guide the initiative until the Partnership can be staffed and become functional. Ms. Schmidlkofer presented information regarding the Partnership to the City Council at its workshop meeting on March 8. • For cities of Eagan's size, the REDP is requesting membership contributions of $25,000 per year. While the Partnership will brand and promote the region for all communities, membership also provides for participation on the Board of Directors that will help shape the strategic focus for the organization's efforts. • The change to the 2011 budget will increase the Community Development Department budget by $25,000 and reduce the budgeted contingency by the same amount. The City's General Fund contingency actually consists of two components. The first component is relatively small and is basically the balancing account between annual estimated revenues and final expenditure appropriations. That amount is $58,400 in the approved 2011 General Fund Budget. The second and much larger component of the contingency is the fund balance which is available for both cash flow and budget adjustments necessary at any time throughout the course of any budget year. Those adjustments which all require City Council approval provide appropriations for any number or unforeseen activities ro ranging from natural disasters to opportunities that are presented after the original budget is approved. The $25,000 budget adjustment, although a large percentage of the 2011 budgeted contingency, is 0.09% of the 2011 budget and 0.20% of the estimated 12 -31 -10 fund balance. To date, 2011 membership commitments have been made by the Dakota County CDA, Rosemount and Burnsville, as well as Minneapolis, St. Paul, Bloomington and Hennepin, Ramsey and Scott Counties among others. At the workshop meeting, the Council directed consideration of participation in the Partnership to the March 15, 2011 agenda. ATTACHMENTS: None sm Agenda Information Memo March 15, 2011 V. ACCEPT THE RESIGNATION OF STEVEN CHAVEZ FROM THE ADVISORY PLANNING COMMISSION ACTION TO BE CONSIDERED: To accept the resignation of Steven Chavez from the Advisory Planning Commission FACTS: • Steven Chavez, Chair of the Planning Commission, was recently appointed to the Metropolitan Council (District 15). • Given his new position on the Met Council, he has submitted an e -mail stating his intent to resign from the APC. • Mr. Chavez has served on the APC for the past seven years (2004- 2011). ATTACHMENTS: • Enclosed on page is the e -mail notification from Mr. Chavez stating his intent to resign from the APC and thanking the City for the opportunity to serve. C43 Dianne Miller Subject: FW: Resignation from city APC From: Steve Chavez rmai Ito: stevechavez @comcast.netl Sent: Wednesday, March 09, 2011 11:10 PM To: Tom Hedges Cc: City Council; 'Supina, Michael'; Tilipi, Mark'; peter.dugan@cbre.com Tom Heaney; andy nicole(cOmsn.com 'Piper, Dan' Subject: Resignation from city APC Tom, This message serves as my formal resignation from the city's APC, effective immediately, due to my appointment as the District 15 council member for the Metropolitan Council. As I said in my departing comments last evening, it's been an honor to serve the residents of Eagan, the members of the APC and the city's staff for the past seven years. I look forward to continuing our effective working relationship in my new role. With best regards, Steve Chavez (4 1 Agenda Information Memo March 15, 2011, Eagan City Council Meeting W. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR THE EAGAN FOUNDATION FOR A WINE TASTING EVENT ON APRIL 12, 2011 ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for the Eagan Foundation for a wine tasting event on April 12, 2011. FACTS: ➢ The Eagan Foundation has requested a temporary on -sale liquor license be issued to them for a wine tasting event planned for April 12, 2011 at the Eagan Community Center. The 10`" annual charitable event is being held to raise funds for the various projects of the Eagan Foundation. ➢ The Eagan Foundation has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for their approval. ATTACHMENTS (2): ➢ Letter and temporary license procedures enclosed on pages through_. 4,9 I VISION To make Eagan the best place to live, learn, work and play. IMSSION To build a legacy for Eagan one gift at a tine. 7 ,, , Patti Engel Board Chair February 17, 2011 Mayor Mike Maguire Eagan City Council Members 3830 Pilot Knob Road Eagan, MN. 55122 Thomas Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN. 55122 Re: Eagan Foundation 10th Annual Wine Tasting and Silent Auction Event Dear Mayor Maguire, Eagan City Council Members, and Mr. Hedges and City Staff: The Eagan Foundation again wants to thank the City of Eagan for Its ongoing partnership with the Foundation in our efforts is to make Eagan the best and most involved community in Minnesota. Bob Braun Vie Chair We are planning out 10th annual Wine Tasting and Silent Auction to be held on Tuesday April 12th, 2011 at the beautiful Eagan Community Center. This event is our primary Laurie Halverson Secretary fundraiser for the year and we expect in excess of 300 attendees at what has come to be a community signature event. Carol Swenson Treasu►er Members at Large Janet ANand Karen Berg Johnson Sue Chrastil Mary Cork Barb Ducharme Lisa Endersbe Angela Finnegan Rob Graham Nicole Hall Tom Hedges Laurie Huusko Brenda Johnson Christina Johnson Karen Julian Suzanne Kvas Karen Lyons Barb McGivern Michael Proebstle John Quesnel Chris Schutrop Juli Seydell Johnson Steve Thompson Ja alle Wakiock Janel Woods We ask the Council waive, as it most graciously did in the previous years, the fee for the Temporary On - Sale Liquor License for the event. We have enclosed our application for the license, along with supporting paperwork- We will forward more Information to Council and staff about the wine event as the day draws near, but for now, please save the date - April 12, 2011. Please contact me directly at 651.405.2002 If you have any questions or concerns. Thank you for your consideration. Sincerely, Janet Aliand Eagan Foundation Board Member Wine Tasting Event Chair 'Want to Be An Auction Donor But Have Nuaft to Donate? We Can Helpl You can make a MONETARY donation to the Eagan Foundation's Want auction and we will shop for you! Your name wiN appear on the bid sheet as the Donor. The Eagan Foundation Incorporated • P. O. Box 211192 • Eagan, MN 55121 ! BRINGING NEIGHBORS TOGETHER City of Eagan Procedures Temporary On -Sale Beer (Malt Liquor) License and Temporary On -Sale Liquor License As a condition of your temporary on -sale beer or on -sale liquor license, and as part of your application, please ensure that you have read through and comply with the attached checklist and have returned all required paperwork to the City Clerk's office. ❑ Complete Minnesota Department of Public Safety application and permit for temporary on -sale liquor license. ❑ Submit appropriate license fee, completed application and applicable documents to City Clerk at least 30 days prior to the first date for which license is sought. Licensee shall also post financial security in the form of a certificate of insurance. If the premises to be licensed are owned or under the control of the city, the applicant shall file with the city, prior to the issuance of the license, a certificate of liability insurance coverage in at least the sum of $300,000 for injury to any one person, $600,000 for injury to more than one person, and $25,000 for property damage, naming the city as an additional insured during the license period. The certificate should also list the date(s) of the event and the address of the event. For premises not owned or under the control of the city, minimum insurance coverages of (1) $50,000 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 because of bodily injury to two or more persons in any one occurrence and in the amount of $10,000 because of injury to or destruction of property of others in any one occurrence, and (2) $50,000 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000 for loss of means of support of two or more persons in any one occurrence are required. ❑ Submit detailed site plan (a) delineating the property or area of the property on which the licensee's event is to be located; and (b) delineating the location of the area in which the licensed alcoholic beverages are to be sold and consumed, if such area is intended to be within only a portion of the entire event area. ❑ Identify all measures and methods to be utilized to partition any area within the entire event area for sale and consumption of the licensed alcoholic beverages, and state in detail a security plan setting forth the licensee's plan to enforce alcohol beverage sale and consumption laws, crowd control and public safety and how the licensee will check the ages and identification of attendees. The applicant's security plan shall be subject to the review, revision and approval of the Chief of Police or his/her designee and the licensee shall comply with and implement all security personnel, measures and methods as ordered by the Chief of Police. ❑ No person under the age of 21 shall be sold or served alcoholic beverages. If the licensee has a designated licensed area, representing a portion of the entire event area, no person under 21 years of age, unless with a parent or legal guardian, shall be permitted within the licensed area, except persons ages 18, 19 or 20 may be /, within the designated area, provided they are performing work, including serving alcoholic beverages, for the licensee. ❑ All persons who consume, purchase or possess an alcoholic beverage in the licensed area shall be issued and required to wear a wristband approved by the Police Chief, see attached list of vendors, and no alcoholic beverage shall be sold or provided to a person who does not have a wristband. All persons issued a wristband shall be identified with a valid photograph identification. ❑ No person selling alcohol shall be intoxicated or consume alcoholic beverages during their work shift. ❑ Licensee shall post signs at all entrances to the licensed area notifying the public that sales to and consumption of alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. ❑ Licensee shall provide paid or volunteer private security to monitor the licensed area and the licensee shall be subject to any order by the Eagan Police Chief as to required security measures and personnel, including the required security personnel numbers, permitted or required entrances and exits from the designated area, as a condition of the license. ❑ Licensee shall pay to the City all fees incurred by the City for any on -duty Eagan police officer assigned to patrol the licensed area as ordered by the Eagan Police Chief for necessary security and public safety and the fee for each officer shall be as set forth in the City's duly adopted fee schedule. ❑ No alcoholic beverages shall be sold or consumed except during the following hours: Monday through Saturday 8:00 a.m. to 1:00 a.m.; and Sunday from 12:00 p.m. to 1:00 a.m. ❑ No persons shall be within the licensed area, if such area is a designated partitioned area from the entire event area, more than 30 minutes after the time when a sale is permitted. ❑ The licensee shall designate an on -site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The on- site manager shall complete training in alcohol beverage service and shall train any server and security personnel of the same. It is unlawful for the licensee, any paid employee of or volunteer for the licensee or any attendee of the licensee's event to violate any of the foregoing restrictions and regulations. Upon a violation of any of the foregoing restrictions and regulations which may result in eminent danger to public safety, the licensee's temporary license may be immediately revoked and upon order of the police officer, the licensee shall immediately cease from selling or serving any alcoholic beverages. MI., Agenda Memo City Council Meeting March 15, 2011 CONSENT AGENDA: X. Tree Maintenance Contractor License for Precision Landscape and Tree, Inc. ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Precision Landscape and Tree, Inc., dba Precision Tree, 50 South Owasso Blvd. E., Little Canada FACTS: Precision Tree has applied for a Tree Maintenance Contractor license and all requirements of the application have been met and the fee has been paid. Staff recommends approval. ATTACHMENTS: None. The application is available for review in the Administration Department. M/ Agenda Memo City Council Meeting March 15, 2011 CONSENT AGENDA: Y. Exempt Permit for Red Pine Parent Teacher Organization to conduct a raffle on May 5, 20011 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for Red Pine Parent Teacher Organization to conduct a raffle on May 5, 2011 at Red Pine Elementary School, 530 Red Pine Lane FACTS: • The Red Pine PTO has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. • All requirements of the application have been met and staff recommends approval. ATTACHMENTS: • A copy of the proposed resolution is attached as page ! 1 • The application is available for review in the Administration Department. 70 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING PERMIT RED PINE PARENT TEACHER ORGANIZATION WHEREAS, the Red Pine Parent Teacher Organization has applied for an Exemption from Lawful Gambling Permit with the Minnesota Gambling Control Board; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling Permit for Red Pine Parent Teacher Organization to conduct a raffle on May 5, 2011 at Red Pine Elementary School, 530 Red Pine Lane. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: All Those Against: None Date: March 15, 2011 CERTIFICATION I, Christina Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15` day of March, 2011. Christina Scipioni, City Clerk Agenda Information Memo March 15, 2011 Eagan City Council Meeting A. LOT 10, BLOCK 1 THE WOODLANDS DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public drainage & utility easement on Lot 10, Block 1, The Woodlands as described and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On January 19, 2011, City staff received a petition from William Morrissey, treasurer of the Woodlands Homeowners Association, representing the property owners of 3798 Briarwood Lane (Lot 10, Block 1 The Woodlands) requesting the vacation of a portion of public drainage & utility easement within that property. • The easement is a standard common lot line drainage and utility easement dedicated with The Woodlands plat. There are not any existing public utility lines near the portion of easement for which the vacation has been requested. • The applicant is requesting the vacation to install a neighborhood identification sign. • On February 1, the City Council scheduled a public hearing to consider the requested vacation to be held on March 1. • The required notices were not published in the legal newspaper in time to accommodate the scheduled March 1 public hearing. Notices were sent to all potentially affected private utility companies for comment prior to the originally scheduled public hearing. • On March 1, the City Council reset the public hearing date to March 15. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. No objections to the proposed vacation have been received. ATTACHMENTS: • Location Map, page • Legal Description, raphic, page �f • Sign Exhibit, page �j T';� 4 Q UL JI I&JI 1 LONE OAK ROAD ( u� Q O uj m0 C Q o Proposed Vacation o Z Location J_ x w Y DOODLE RD, 70 Er W 0 v a 0 3 u 3 2 m O Z Y O d DIFFLEY ROAD C LIFF Proposed Drainage & Utility Easement Vacation ' My of Eap Lot 10, Block 1, The Woodlands Engineering Department Location Map WESC W M � I Y I C Z) r I �n` 1 -18 -2011 Fig. 1 WE 111 0O _--- - - - - - � O � i i The W 0061ands Lot 10 II �\ II II - J�------- - - - - -- �I S moo oo , U) 0 z Q 0 O O E m 1 1 1 1 1 1 1 I I I I L. WESCOTT ROAD 3 That part of the platted 5.0' drainage and utility abutting the northeast property line of Lot 10, 0 Block 1, The Woodlands, described as follows: The northwest 40.0 feet of the southeast 54.0 feet n of said 5.0 drainage and utility easement. t 0 1 -18 -2011 Proposed Drainage & Utility Easement Vacation ' Clty of Eap Lot 10, Block 1, The Woodlands Fig. 2 Engineering Department Location Map ■ Ji c r j � � s a` WNW mid Am „ •; Agenda Information Memo March 15, 2011 Eagan City Council Meeting B. TO CONSIDER AN AMENDMENT AND RESOLUTION TO EXTEND A MINNESOTA INVESTMENT FUND GRANT AGREEMENT FOR BIOTHERA. ACTION TO BE CONSIDERED To approve (or deny) a resolution amending a Minnesota Investment Fund Grant Agreement for an expansion of Biothera at 3388 Mike Collins Drive. FACTS: ➢ Biopolymer Engineering (dba Biothera) is an Eagan based Biotechnology company dedicated to improving immune health. ➢ In 2008, Biothera planned an expansion that qualified for Minnesota Investment Fund financing through the Minnesota Department of Employment and Economic Development (DEED), for which the City would acted as a conduit. Minnesota Investment Fund grants are awarded to local government units who provide loans to assist expanding businesses. ➢ The City of Eagan was awarded a $350,000 Minnesota Investment Fund grant in 2009 to provide a loan to Biothera to assist with project financing of their expansion at 3388 Mike Collins Drive. ➢ On March 9, 2009, the City of Eagan entered into a contract with the State of Minnesota, requiring that Biothera meets a job creation goal of 30 new positions within two years of the grant agreement execution. Biothera has informed City Staff that they will not meet the job goal by the required date and requested that Eagan consider a one -year extension of the agreement. ➢ The grant agreement allows the City to extend the terms of the agreement by one year, provided the City holds a public hearing and approves a resolution authorizing the contract amendment. If the City does not approve the extension, Biothera would be required to pay back the outstanding balance in its entirety or on an accelerated term. ➢ Biothera is current on all loan payments and has indicated to staff they have hired 26 qualifying employees to date and expect to have two more hired in March. They believe they should meet the required job goal by next year. ATTACHMENTS: • Location map on pa e • Resolution on page I(D RESOLUTION No. APPROVING AMENDMENT TO MINNESOTA INVESTMENT FUND GRANT AGREEMENT CITY OF EAGAN WHEREAS, Bioloymer Engineering, Inc. (dba Biothera) is an Eagan based biotechnology company dedicated to improving immune health. WHEREAS, in 2008, Biothera planned an expansion that qualified for Minnesota Investment Fund financing through the Minnesota Department of Employment and Economic Development (DEED), for which the City would acted as a conduit. Minnesota Investment Fund grants are awarded to local government units who provide loans to assist expanding businesses. WHEREAS, the City of Eagan was awarded a $350,000 Minnesota Investment Fund grant in 2009 to provide a loan to Biothera to assist with project financing of their expansion. WHEREAS, The State of Minnesota has entered into a contract with the City of Eagan, dated March 9, 2011 requiring that Biothera meets a job creation goal of 30 new positions within two years of the grant agreement execution. Biothera has informed City Staff that they will not meet the job goal by the required date and requested that Eagan consider a one -year extension of the agreement. WHEREAS, a regular meeting of the Eagan City Council, Dakota County, Minnesota was held on March 15, 2011 at 6:30 PM to consider the an amendment to the agreement allowing a one -year extension. NOW, THEREFORE BE IT RESOLVED, The City of Eagan hereby approves an amendment to the Minnesota Investment Grant Agreement dated March 9, 2009 allowing a one -year extension to the grant contract and special conditions. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mike Maguire, Mayor, and Christina Scipioni, City Clerk, City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan City Council in a regular meeting thereof assembled this 15` day of March, 2011. Mike Maguire, Mayor (Seal) Christina Scipioni, City Clerk 7e Agenda Information Memo March 15, 2011 Eagan City Council Meeting OLD BUSINESS A. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: To Approve an Ordinance Amendment to City Code Chapter 11 relative to the outdoor storage of vehicles in commercial and industrial districts. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The City Council approved an amendment authorizing outdoor storage of up to three (3) business related vehicles as accessory to the principal use on October 19, 2010. ➢ In responding to questions relative to the application of the new ordinance, staff realized the amendment, as written, could be construed to allow up to three vehicles to be stored outdoors for each tenant in a multi - tenant building. The unintended consequence of this, in a multi - tenant building, is the potential for numerous company vehicles being stored in the front parking area. ➢ Staff worked with the City Attorney on amendment language that is explicit that the "up to three" vehicle allowance is intended as a per parcel allotment. ➢ The APC held a Public Hearing on February 22, 2011 and they are recommending approval. ATTACHMENTS: (2) February 22, 2011 APC minutes, page 0 . Staff report/draft ordinance on pages through g�Z '79 Advisory Planning Commission February 22, 2011 Page 4 of 5 C. Ordinance Amendment - Outdoor Commercial Vehicle Storage Applicant Name:City of Eagan Application: Ordinance Amendment An Ordinance Amendment to City Code Chapter 11 relative to the outdoor storage of vehicles in commercial and industrial districts. File Number: 01- OR- 05 -01 -11 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated February 8, 2011. He noted the background and history. Member Piper noted that "principle" should be "principal" in the amendment. There was discussion regarding the Conditional Use Permit required if more than three vehicles are stored on one property. City Attorney Bob Bauer explained that a Conditional Use Permit will consider the entire property and the total number of vehicles on the property. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Filipi moved, Member Piper seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11, Section 11.70, by adding Subd. 22 (D), relating to outdoor storage of vehicles in commercial and industrial districts. All voted in favor. Motion carried 6 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 8, 2011 APPLICANT: City of Eagan PROPERTY OWNER: N/A CASE: 01-OR-05-01-11 HEARING DATE: February 22, 2011 PREPARED BY: Michael J. Ridley, AICP REQUEST: Ordinance Amendment LOCATION: City -wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, Section 11.70, by modifying Subd. 22 (D), relating to outdoor storage of vehicles in commercial and industrial districts. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11. 50, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. BACKGROUND/HISTORY The Eagan City Code was amended in October of last year to allow up to three vehicles to be stored in commercial and industrial areas without the benefit of a Conditional Use Permit (CUP). Prior to that modification, the outdoor storage of business related vehicles in industrial areas and most commercial zoning districts was only allowed via a CUP in order to regulate situations in which such storage makes up a substantial part of the use of a property. The purpose of the amendment was to acknowledge there are a number of businesses in town that have a service vehicle(s) stored on premise that support an accessory function of the business on site; typically, these have included a hotel /day care shuttle vans, restaurant/grocery delivery vans, computer geek services, etc. el Planning Report — Ordinance Amendment February 22, 2011 Page 2 EXISTING CONDITIONS Subsequent to adoption it was brought to staff's attention that the amendment was written in a way that would provide the potential for each tenant in a multi- tenant building to park up to three vehicles each which was not contemplated during the ordinance preparation. EVALUATION OF REQUEST As written, the new ordinance would allow up to three vehicles to be stored for every tenant in a building which was not the intent. The intent was to allow up to three accessory vehicles on a given parcel. The amendment was to acknowledge that a nominal amount of vehicle storage was "part of doing business" and, further, that permitting a limited number of such vehicles is responsive to business needs and would not have an adverse impact on the community in general. Staff believes that storage exceeding the 3 vehicles maximum allowed on any given property reaches a threshold that makes a CUP a better approach to accommodate those needs. As a reminder, the intention is that this type of storage would be limited to vehicles that can fit in a standard parking stall. Storage of larger vehicles, equipment or trailers would remain subject tc a CUP approval. SUMMARY /CONCLUSION City staff believes the original amendment is responsive to business needs that have changed over time and, more specifically, since the original outdoor storage language was created some 25+ years ago. However, the unintended consequence of not specifying a property maximum results in the possibility of this type of storage to become less than accessory. The City Attorney has worked with staff to re -work the amendment so that it clarifies the intent to be one that limits the number in addition to the type and size and emphasizes the accessory nature of this type of use. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Section 11.70, by adding Subd. 22 (D), relating to outdoor storage of vehicles in commercial and industrial districts. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.70, SUBDIVISION 22, REGARDING OUTDOOR STORAGE OF VEHICLES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1 . Eagan City Code Chapter 11 is hereby amended by adding Section 11.70, Subdivision 22 (D), to read as follows: D. Exemptions. Notwithstanding any other provisions of this section, the occupant of a property zoned for commercial or industrial uses may store up to three (3) passenger motor vehicles on the property, provided the vehicle(s) is (1) owned or leased by the occupant; (2) the vehicle is regularly used in connection with and as an integral component of the operation of the principle use on the property; (3) is not larger than the footprint of a standard passenger vehicle parking stall and 4) parked and stored in a designated parking spaces as approved by the City. In no case shall the number of permitted stored vehicles under this paragraph exceed three (3) for any given parcel of record. This exemption does not permit the outdoor storage of equipment, trailers, recreational vehicles, recreational camping vehicles, motorcycles or other similar vehicles, semi - tractors, or vehicles for sale. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: By: Mike Maguire Its: Mayor February 22, 2011 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MARCH 15, 2011 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS 1. APPROVE Amended Preliminary Redevelopment Agreement for Pratt Development LLC for the Cedar Grove Redevelopment Core Area E. NEW BUSINESS F. ORGANIZATIONAL BUSINESS G. OTHER BUSINESS H. ADJOURN URI Agenda Information Memo Eagan Economic Development Authority Meeting March 15, 2011 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the February 15, 2011 EDA meeting are enclosed on pages C 1�J • MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota February 15, 2011 A meeting of the Eagan Economic Development Authority was held on Tuesday, December 7, 2010 at the Eagan Municipal Center. President Maguire, Commissioner Fields, Commissioner Bakken, and Commissioner Hansen. Commissioner Tilley was absent. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA Commissioner Fields moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of the December 21, 2010 EDA meeting as presented. OLD BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT REQUEST FOR EXTENSION OF DEVELOPMENT TIMEFRAME FOR BLUE GENTIAN CORPORATE CENTER Community Development Director Hohenstein gave an overview of this item regarding the request for an extension of the development timeframe for Bule Gentian Corporate Center. Bart Zibrowski of McGough thank the City Council and staff and noted intention of brining development to the site. Commissioners held a discussion with MR. Zibrowski. Commissioner Hansen moved, Commissioner Fields seconded a motion to approve an extension of the timeframe for the first phase of development of the Blue Gentian Corporate Center in Redevelopment District #2 -5 to May 1, 2013 and to authorize the EDA President and staff to execute the necessary documents. Aye: 4 Nay: 0 i NEW BUSINESS There were no New Business items. OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Bakken moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 4 Nay: 0 Date Thomas Hedges, Executive Director &61 Agenda Information Memo Eagan Economic Development Authority Meeting Old Business March 15, 2011 1. CEDAR GROVE REDEVELOPMENT PRELIMINARY REDEVELOPMENT AGREEMENT ACTION TO BE CONSIDERED: To approve the Amended and Restated Preliminary Redevelopment Agreement between the Eagan Economic Development Authority and Pratt Development LLC and authorize the EDA President and staff to execute the documents. FACTS: In 2007, the EDA issued an RFP for a Master Developer for the core area of the Cedar Grove Redevelopment District. The RFP approach was intended to have a single development entity responsible for the overall planning and implementation of the new development activities in the core. As an outcome of that process, the Doran Pratt development team was chosen to serve in that capacity and a Preliminary Redevelopment Agreement was executed by the EDA and that partnership in August, 2007. It was subsequently extended in August, 2008. In the time since, the development team has done financial analysis and approached a number of development partners to attempt to implement the residential projects anticipated in the Phase I concept, but the market, economy and lending environment have not permitted them to go forward. In late December, Mr. Doran indicated that he needed to withdraw from the development partnership for personal reasons. A letter to that effect was subsequently forwarded to the EDA. In that letter and in subsequent discussions, it was indicated that the EDA's other master development partner, Len Pratt, is in a position to proceed with the master developer responsibilities and that Mr. Pratt is proposing to add a broker team from Cassidy Turley, including Jim McCaffrey, to the development team to cast a wider net for business and development prospects that may be attracted to the redevelopment district. In consideration of the proposed shift within the master developer team, Mr. Pratt and staff have negotiated a draft Amended and Restated Preliminary Redevelopment Agreement that would be between the EDA and Pratt Development, with a provision that Pratt and Cassidy Turley would also have a formal listing agreement for the Cedar Grove core area property for through March 16, 2012 or a mutually agreed upon later date. On March 8, 2011, this item was considered by the Finance Committee under its charge to review and provide recommendations regarding the Cedar Grove M Redevelopment District's financing. The proposed agreement amendment contemplates the continuation and transfer of the Master Purchase Agreement to Pratt Development LLP and that agreement provides the terms and conditions under which development financing considerations and repayments would be considered. • The proposed Amendment contemplates more aggressive broker marketing of the redevelopment area to a wider market of prospective businesses and developers. It is feasible that some prospects that could pay market rates for land and generate significant TIF revenue may fall at the edges of the City's vision or outside it. In contrast, some prospects that align most closely with the high density, mixed use vision may continue to require land price considerations or may not be as market supportable in the near term. • In that regard, the Committee provided feedback regarding the value of casting the net wider to attract interest and activity in the area, while reinforcing the need for development proposals to meet the vertical density and quality finish requirements of the zoning district and the vision for the area. • The Committee determined that the development team's approach under the agreement will permit the project to move forward and it is recommending approval of the Amended and Restated Preliminary Redevelopment Agreement. ATTACHMENTS: • Staff memo on pages q[) through • Original Doran Pratt Preliminary Concept Plan on page 93- • Approved 2009 Preliminary Concept Plan with Urban Park on page • Doran withdrawal letter on pag • Amended Agreement available upon request. 4 1110 TO: FROM: DATE: City of EaRan demo TOM HEDGES, CITY ADMINISTRATOR JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR MARCH 4, 2011 SUBJECT: CEDAR GROVE DEVELOPMENT PARTNERSHIP AND AMENDED REDEVELOPMENT AGREEMENT The purpose of this memo is to provide information relative to a prospective modification of the Master Development entity for the Cedar Grove Redevelopment District core area. The change is expected to retain continuity from the Doran Pratt partnership, while offering the opportunity to cast a broader net to attract development prospects for the area as the economy recovers and property assembly in the area is completed. BACKGROUND • In 2007, the EDA issued an RFP for a Master Developer for the core area of the Cedar Grove Redevelopment District. The RFP approach was intended to have a single development entity responsible for the overall planning and implementation of the new development activities in the core. As an outcome of that process, the Doran Pratt development team was chosen to serve in that capacity and a Preliminary Redevelopment Agreement was executed by the EDA and that partnership in August, 2007. It was subsequently extended in August, 2008. • During this time, the EDA proceeded with acquisitions in the area in order to complete property assembly to prepare the area for new development. The developers began preparing development scenarios for the entire core area and contacting prospective investors and development prospects and partners. • Beginning in 2008, as the effects of the recession stalled development throughout the country, lenders, investors and prospects withdrew and the team began to focus on a more compact plan in the eastern end of the core to be made up of rental and senior housing elements that appeared to be market supportable in spite of the economy. • That effort culminated in the approval of a First Phase Preliminary Concept Plan by the EDA in April, 2009. The plan placed these elements in an area bounded by Cedar Grove Parkway, Rahn Road and a realigned Cedar Grove Parkway. It also strategically opened up the western half of q0 the development in the most substantial way possible to provide flexibility for future development prospects. The concept plan also provided for a hotel development proposal on the easternmost end of the core, which was being pursued by a third party developer. • In recognition of the fact that land price considerations might be requested in order to make development projects feasible, the developers and EDA also negotiated and executed a master purchase agreement that provided for a claw -back provision if the initial purchase price of the development site(s) required a write down, confirmed by a pro forma analysis. • In the time since, the development team has done financial analysis and approached a number of development partners to attempt to implement the residential projects anticipated in the Phase I concept, but the market, economy and lending environment have not permitted them to go forward. PARTNERSHIP MODIFICATION • In late December, Mr. Doran indicated that he needed to withdraw from the development partnership for personal reasons. A letter to that effect was subsequently forwarded to the EDA. • In that letter and in subsequent discussions, it was indicated that the other master development partner, Len Pratt, is in a position to proceed with the master developer responsibilities and that Mr. Pratt is proposing to add a broker team from Cassidy Turley, including Jim McCaffrey, to the development team to cast a broader net for business and development prospects that may be attracted to the development district. DRAFT REDEVELOPMENT AGREEMENT AMENDMENT • In consideration of the proposed shift within the master developer team, Mr. Pratt and staff have negotiated a draft Amended and Restated Preliminary Redevelopment Agreement that would be between the EDA and Pratt Development, with a provision that Pratt and Cassidy Turley would also have a formal listing agreement for the Cedar Grove core area property for through March 16, 2012 or a mutually agreed upon later date. • The strategy contemplated by the draft agreement is to take advantage of the continuity of Mr. Pratt's skills and experience with respect to the project, while recognizing that the current development environment is recovering, but is not yet at a point at which developers would commit to specific, long term, phased development plans and agreements. • This strategy was also suggested by the Opportunity Cities Site Evaluation Team, which indicated that the EDA would be wise to approach a project as large as the Cedar Grove Redevelopment in smaller, doable pieces that would still serve the long term vision. That group also advised that the EDA and City maintain flexibility to consider prospects or options that may offer different approaches to parts of the District, as long as they do not detract from the vision for the overall development. �l The draft amendment also clarifies issues of out of pocket cost recovery for the EDA and the developer. It makes the developer responsible for prequalifying projects and development partners before presenting them to the EDA. On the basis of those reviews, the EDA will have the ability to perform additional financial analysis as appropriate and will be responsible for the preparation of purchase agreements on a project by project basis. As in the past, concept reviews would be submitted to the EDA in advance of formal plans or agreements moving to the approval process. In addition, the agreement clarifies the project sign plan including the opportunity for Cassidy Turley to place broker signage at the site. As indicated in Mr. Doran's letter, Mr. Pratt has extensive experience in development and redevelopment throughout the region and Cassidy Turley has national and international reach to complement Mr. Pratt and Mr. McCaffrey's relationships with developers and business prospects in the Twin Cities region. The change in entity requires that the EDA consider a modification of the Preliminary Redevelopment Agreement in any case, the modifications outlined in the draft agreement update are intended to offer a shift in strategy focused on pursuing specific opportunities for smaller projects within the redevelopment district while retaining the ability of the EDA and the City to approve or deny specific proposals on the basis of whether they support the community's vision for the area. If you have any questions in this regard, please let me know. 'rtT WAN M6�;2w - DevelopMlfr Director 0 asx ; 4 Cg tl I 0:1 . . : OP ¥� , r f 1 ®� w / . w «w. � ¥� y . . 1 ®� w / . w «w. � ¥� y U December 31, 2010 DORAN COMPANIES Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN55122 Re: Cedar Grove Redevelopment Dear Jon, Please consider this letter our formal notification of Doran Companies termination of the Master Purchase Agreement by and between Doran — Pratt Development LLC and the Eagan Economic Development Authority for the Cedar Grove Redevelopment District effective 12/31/11. Although we have enjoyed our partnership with the City of Eagan and all of the various interested parties, many unforeseen circumstances are occurring personally and within our organization that will preclude us from investing the time and resources necessary to pursue redevelopment activities for the Cedar Grove Redevelopment District. I understand our partner, Len Pratt with Pratt Homes, is willing, able, and committed to continue pursuing the redevelopment activities in cooperation with the brokerage team led by Jim McCaffery from Cassidy Turley. I believe Mr. Pratt and Mr. McCaffery have the knowledge, experience and tenacity to bear fruit from the tree that has been planted at Cedar Grove. We have coordinated an informational exchange with Mr. Pratt and Mr. McCaffery to allow them the opportunity to have all the project information and the contacts of the parties we were courting to attract to the redevelopment. Thank you for allowing us the opportunity to work with you and your staff on this project. We wish all the fi.tture. success with the redevelopment of the unique area of Cedar Grove. Sincerely, elly Doran Cc: Paul Anderson, Messerli & Kramer Jim McCaffery, Cassidy Turley Len Pratt, Pratt Homes G� 7803 Glenroy Road, Suite 200 - Bloomington, MN 55439 •952 -288 -2000 - Fax: 952 - 288 -2001 • www. DoranCompanies.com Agenda Information Memo Eagan Economic Development Authority Meeting March 15, 2011 F. ORGANIZATIONAL BUSINESS 1. Election of Officers ACTION TO BE CONSIDERED To elect/appoint officers of the Eagan Economic Development Authority. FACTS: As a part of its annual organizational business, the EDA elects its officers and appoints its Executive Director and Secretary/Deputy Director. In 2010, the officers of the Authority were as follows: President: Mike Maguire Vice President: Paul Bakken Treasurer: Meg Tilley Executive Director: City Administrator Tom Hedges Secretary /Deputy Executive Director: Community Development Director Jon Hohenstein 2. 2011 Meeting Schedule — No Action Necessary FACTS: Under its bylaws, the Eagan Economic Development Authority's regular meetings are scheduled to coincide with the regular meetings of the City Council. At its meeting of December 1, 2003, the EDA confirmed the meeting schedule defined in the bylaws and adopted a mechanism by which the Authority may cancel such meetings as a part of the adoption of the City Council agenda if no EDA business is in order on that date. Staff is recommending that this schedule and process continue for 2011. 3. Single Action for EDA and Council Resolutions — No Action Necessary FACTS: In 2004, the City Council also adopted a process by which the actions that are required to be taken by both the City Council and the EDA can be accomplished through a single motion. Under this process, the Council meeting remains in session (does not recess) when the EDA meeting is convened. For each business item that requires an action by both the EDA and the Council, two resolutions are included in the background and one motion by the Council, also hearing the item as the EDA, approves both resolutions. At the completion of the EDA Business items, the EDA meeting is adjourned and the remainder of the Council meeting is completed. In Agenda Information Memo Eagan Economic Development Authority Meeting March 15, 2011 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED To adjourn the Economic Development Authority meeting. V