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08/16/2011 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING AUGUST 16, 2011 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 11. 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) P.4 A. e. JOB. P13 C. Poi D. 1(p E. P./7 F. )91-I. Q4)I. Pid3J. v qsK. «47 L. tSIM. P.5'9 N. PSSO. P513. f( Q. APPROVE MINUTES PERSONNEL ITEMS APPROVE Check Registers APPROVE Resolution accepting donation from Bossardt Corp. for the Fire Safety Center Grand Opening APPROVE On -Sale Liquor License and Sunday License for Zest! Bar & Grill Restaurant LLC, doing business as Zest! Bar & Grill, 525 Diffley Road APPROVE Tree Maintenance Contractor License for Specialty Tree Service APPROVE Kennel License for Dimmen Incorporated, doing business as Four Paws Pet Resort, 4020 Old Sibley Memorial Highway APPROVE the Dark Fiber License Agreement between the City and the MVTA APPROVE Final Plat extension for recording Pomroy Addition APPROVE Public Works Committee recommendation regarding Civil Actions as an option for Code Enforcement Cases AUTHORIZE Preparation and Execution of Agreement with Xcel Energy for City Requested Facility Surcharge (CRFS) payment method to underground utility lines at Cedar Grove APPROVE Project Change Order in the amount of $2,000 with Quality Business Solutions for Payment Card Industry (PCI) compliance consulting services RECEIVE Petition & Schedule Public Hearing (September 20, 2011) to vacate drainage & utility easement on Lot 21, Block 3 Oakbrooke 5th Addition APPROVE Change to Scope of Services — Blackhawk & Thomas Lake Management Plans REJECT Bids and cancel Contract 11-05, High Zone Water Main Improvements APPROVE a minor building expansion for 1254 Town Center Drive APPROVE Final Plat extension for recording Ruth Addition APPROVE Massage Therapy Establishment License for Teri Dale, Ambition Training Academy, LLC, 2020 Silver Bell Road, Suite 26 V. PUBLIC HEARINGS e /_4 A. VACATION of Drainage & Utility Easement Lot 1, Block 1 Gopher Eagan Industrial Park #3 �0 & #6 VI. OLD BUSINESS e611 A. APPROVE an Ordinance Amendment to Chapter 6 to provide a Registration Program for residential rental properties P-7 iAB. APPROVE an Ordinance Amendment to Chapter 4 establishing a timeline for completion of exterior materials under building permits VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this time) 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 4,111' City of Eaaafl demo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 12, 2011 SUBJECT: AGENDA INFORMATION FOR AUGUST 16, 2011 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 16, 2011 City Council agenda, the following items are in order for consideration. 3 Agenda Information Memo August 16, 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 August 1, 2011 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes othe August 1, 2011 Regular City Council meeting are enclosed on pages J through 4 DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 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 Tilley. Maureen McTeeg, 1486 Violet Lane, along with six other residents from Violet Lane, voiced their concerns about vegetation and trees that have been removed as part of the ring road project. The Council discussed the concerns with the residents and noted that the trees that were removed were volunteer trees that will grow back. It was the consensus of the Council not to amend the project plans at this time to plant additional trees. The Council suggested that the residents could approach the Council in the spring (2012), upon completion of the ring road project should there continue to be a perceived need for additional trees. A regular meeting of the Eagan City Council was held on Monday, August 1, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields and Tilley. Councilmember Hansen was absent. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Police Chief McDonald and Director of Public Works Colbert. AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the July 19, 2011 regular City Council meeting as presented B. Personnel Items: 1. Approve the hiring of a full time Accountant I 2. Approve recruitment of a part time 20 hr/wk position of non-union Office Support Specialist with an emphasis on GIS 3. Authorize the current GIS Coordinator position to resume a status of 40 hrs. per week 4. Approve the reclassification of A. Galatowitsch from Clerical Tech 3 to Clerical Tech 4 5. Approve the hiring of Seasonal Employees in Parks & Recreation and Streets Maintenance 6. Approve the RFP for Health Insurance Coverage for 2012 C. It was recommended to approve the Check Registers dated July 14, 2011 and July 21, 2011 D. It was recommended to approve a Tobacco License for Ashley Houth, Asian Food Market, 2105 Cliff Road E. It was recommended to approve a Tobacco License for Tung Ngo, Inc., DBA Sinclair Dinomart, 1815 Diffley Road F. It was recommended to approve an Off -Sale 3.2 percent Malt Liquor (Beer) License to Tung Ngo, Inc., DBA Sinclair Dinomart, 1815 Diffley Road G. It was recommended to rescind the ordinance to amend City Code Chapter 4 to authorize the City to provide for electrical inspections, rescind the addition to the City Fee Schedule for that service and terminate the Service Agreement with M.A. Anderson, Inc. H. It was recommended to cancel the November 8, 2011 Special City Council Meeting I. It was recommended to award Contract No. 11-11, Citywide Trail Improvements J. It was recommended to award Contract No. 11-05, High Pressure Zone Water Main Improvements - Continued K. It was recommended to approve Change Order No. 2, Contract 11-02 (Citywide Streeet Improvements) L. It was recommended to approve Change Order No. 1, Contract 10-11 (Ames Crossing Road — Street & Utility Improvements) M. It was recommended to authorize a Letter of Support for Dakota County Regional Trail Federal Funding Application City Council Meeting Minutes August 1, 2011 2 page D N. It was recommended to approve Assessment Deferment Agreements, Project 1033 (Cliff Road — Trunk Watermain) O. It was recommended to reschedule Public Hearing date August 16, 2011 to vacate drainage & utility easement — Lot 1, Block 1 Gopher Eagan Industrial Park #3 & #6 P. It was recommended to approve a contract between the City of Eagan and Check Diversion Program, LLC (CDP) OLD BUSINESS REQUEST TO REMOVE LOAD LIMIT RESTRICTIONS NICOLS ROAD (SILVER BELL ROAD TO BUSINESS) City Administrator Hedges introduced the item regarding a request for removal of load limit restrictions on Nicols Road. Public Works Director Colbert gave an overview and background on the item. Mark Strawn, representative of LaFarge North America, addressed the Council. Tom Bastings, attorney representing Xcel, addressed the Council. Jim Zyduck, Plant Director for Xcel, also addressed the Council. The Council had several questions regarding the proposed conversion and expansion of the Black Dog Power Plant and its potential impact on Nicols Rd for both ongoing operation needs as well as heavy construction traffic. The City Council requested Xcel to include the City of Eagan in ongoing dialogue with Burnsville regarding short and long term transportation plans/access prior to considering whether load limits will be removed. They also requested Xcel to reach a consensus and commitment with Burnsville regarding the construction of a permanent access road through Burnsville within the next 30 days, and directed staff to report back at the September 6 meeting on the progress for further consideration of the load limit restriction removal request. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the item to remove the existing 4 ton per axle load limit restriction for Nicols Road from Silver Bell Road to the Burnsville City limits to the September 6, 2011 City Council meeting. Aye: 4 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT — ZEST! BAR & GRILL City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow on -sale liquor in conjunction with a Class I restaurant located at 525 Diffley Road. City Planner Ridley gave a staff report. The applicants addressed the Council. The Council discussed the history of the covenants on the property. John Laramy, Cooper's Restaurant manager, spoke in opposition of the proposal. Terry Timmons, 4148 Countryside Drive, spoke regarding the noise impact, night-time operations, pedestrian/vehicle safety and patio regulations. Joe Foggia, owner of Black Diamond Liquor, spoke in support of the proposal. The owner of Snap Fitness spoke in favor of the proposal. The Council further discussed the proposal. City Council Meeting Minutes August 1, 2011 3 page DRAFT Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow on -sale liquor in conjunction with a Class I restaurant located at 525 Diffley Road, legally described as Lot 1, Block 1, Hawthorne Ridge, subject to the following revised conditions: Aye: 3 Nay: 1 (Bakken) 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant shall submit a revised outdoor dining patio plan, to scale, with fence details to Building Inspections for approval prior to the opening of the restaurant. The outdoor dining area is subject to City Code requirements. 3. The on -sale alcohol license shall include and permit the service of alcoholic beverages in the outdoor dining area. 4. The signage is subject to City Code requirements. 5. The applicant shall install the additional landscaping by October 2, 2011, per the Landscape Plan received June 30, 2011. 6. Prohibit live music at site within outdoor seating area. PLANNED DEVELOPMENT AMENDMENT — LUPE HOLDINGS CORP. City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a multi - tenant retail commercial use and a Class II Restaurant with outdoor patio dining and on -sale liquor located at 2075 Cliff Road. City Planner Ridley gave a staff report. Aaron Diederich, Lupe Holdings Corp., addressed the City Council and was available for questions. The City Council discussed parking, signage and `proof of parking.' Attorney Gary Gandrud spoke on behalf of Lupe Holdings Corp regarding the `proof of parking.' Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a multi -tenant retail commercial use and a Class II restaurant with outdoor patio dining and on -sale liquor for property located at 2075 Cliff Road, with revised conditions: Aye: 4 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The following plans are required for the Agreement: • Site Plan • Building Elevations • Signage Plan • Patio Plan • Landscape Plan 2. The site shall be developed in conformance with the approved plans: a. Patio Plan dated June 29, 2011 b. Building Elevations and Signage Plan dated June 29, 2011 c. Landscape Plan dated June 29, 2011 3. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All other conditions in the Development Agreement remain in effect and the Property is subject to the terms and conditions of the Development Agreement, as amended by this Amendment. This approval shall be based on the Building Elevation, Signage and Landscape Plans. 4. Rooftop mechanical units shall be screened from off-site views. Any panels used to screen such equipment shall be finished in a color to match the exterior finish materials of the building. 5. The design of the pervious paver system shall be reviewed and approved by the City's Engineering Division prior to installation. 6. Building address numbers shall be installed in accordance with Section 2.78 of the City Code. 7. The pylon shall be constructed utilizing the existing brick pylon base as depicted on the Proposed Elevations plan sheet dated June 29, 2011. The pylon sign shall not exceed 125 s.f. in area and a total height of 27'. 8. The building sign band is proposed to be 5' in height, with Chipotle's signs 21'2" in length and other tenant signs 15' — 16' in length. 9. All signage on the building shall be of similar construction and fit within the identified sign areas. 10. Building signage for Tenant #4 shall be allowed on two sides of the building on the space occupied by that tenant. City Council Meeting Minutes August 1, 2011 4 page DRAFT 11. Patio umbrellas shall not contain signs or logos. 12. The outdoor dining patio must be designed and operated consistent with the provisions in City Code Section 11.70, Subd. 29 regarding outdoor dining areas. 13. A new pedestrian connection shall be made between the site and the existing trail along Cliff Road as shown on the Site Plan. The owner is responsible for obtaining any necessary permits from Dakota County prior to commencing this work. 14. A liquor license shall be obtained from the City for the restaurant. On -sale liquor sales also shall comply and be operated in accordance with all relevant state laws and regulations. 15. The applicant shall demonstrate proof of parking for an additional four (4) spaces, which may be satisfied with a cross easement with the adjacent property or four parallel parking stalls on the east side of the building. 16. All new pedestrian routes shall be accessible. 17. The use of the property shall be limited to one restaurant, not to exceed 60 seats, and three retail uses. 18. Proof of parking shall be shown as parallel parking spaces along the east side of the building. CONDITIONAL USE PERMIT — INTERSTATE BUSINESS CENTER City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow outdoor storage of trailers, large delivery trucks and forklifts located at 2995 Lone Oak Circle for Lupe Holdings Corp. City Planner Ridley gave a staff report. The applicant was present. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage of trailers, delivery trucks and forklifts on property located at 2995 Lone Oak Circle legally described as Lot 1, Block 1, Eagandale Center Industrial Park No. 11, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Existing parking spaces and storage areas should be striped or otherwise delineated according to the Site Plan received June 29, 2011. 3. The outdoor trailer storage shall be limited to a maximum of 10 trailers, five delivery trucks and the fork lift storage area as indicated on the Site Plan received June 29, 2011. 4. A minimum 20' driving aisle shall be maintained around the building to allow emergency vehicle access. PLANNED DEVELOPMENT AMENDMENT — PEOPLE OF PRAISE City Administrator Hedges introduced this item regarding a Planned Development Amendment for People of Praise to allow banquets and receptions within an existing school facility located at 601 River Ridge Parkway. City Planner Ridley gave a staff report. The applicant was present. There was a brief discussion by the City Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow banquets and receptions within an existing school facility located at 601 River Ridge Parkway, legally described as Lot 1, Block 1, Novus Addition, subject to the following conditions: Aye: 4 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: 2. There shall be no on -sale liquor at events hosted by third parties unless dispensed by a caterer, licensed as a restaurant and for on -sale liquor, and which has a caterer's permit issued by the state of MN. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE City Council Meeting Minutes August 1, 2011 5 page There were no items for discussion. CITY COUNCIL COMMENTS DRAFT Police Chief McDonald noted there are 180 registered block parties for National Night Out. The City Council encouraged residents to participate in the National Night Out event on August 2. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:55 p.m. Aye: 4 Nay: 0 Date Mayor Clerk G Agenda Information Memo August 16, 2011 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve hiring of Scott Nitti, Streets Maintenance Worker. FACTS: On June 21, 2011, Council approved re -filling of the Streets Maintenance Worker vacancy created with the retirement of Wayne Beckman. Item 2. ACTION TO BE CONSIDERED: Approve hiring of Melissa Guttormson, Utility Billing/Special Assessments Specialist. FACTS: On June 7, 2011, Council approved the Administrative Services Department re -organization, which included recruiting for a Utility Billing/Special Assessments Specialist. Item 3. ACTION TO BE CONSIDERED: Approve hiring of Training/ Office Support Specialist at Eagan Community Center. FACTS: On July 5, 2011, Council approved re -alignment of vacant Facility Operations Coordinator to Training/Office Support Specialist position. 1 /0 Item 4. ACTION TO BE CONSIDERED: Approve the reclassification of J Hauth, Engineering Technician in the Utilities Division from Level 8 to Level 10. FACTS: The employee holding the position began employment with the City of Eagan February of 2009. At that time, the particular duties that originally were determined as appropriate for the position warranted a job classification of a Level 8 under the City's job evaluation system. Over the past year, project management has become a more significant component of the position, much like the other Engineering Techs employed with the City. In addition, the position requires a greater level of technical skills related to electronic data management and mapping. In summary, the duties of the Engineering Technician in the Utilities Division are comparable to the duties of Engineering Technicians who work in the Engineering Division, which are all classified at a Level 10. Item 5. ACTION TO BE CONSIDERED: Approve pilot program for day time fire department duty crew from September 2011 up to December 2011 with the option to renew. FACTS: • Much consideration has been given to the idea of having a duty crew assigned to assist with fire coverage for daytime hours. • This is not a new concept, as it has been discussed with Council since 2006. • The Fire Department would like to implement this pilot program starting in September thru the end of 2011. It was a planned function in 2011 fire budget. • The first responsibility of a duty crew is providing a quick response to rescue and fire calls during peak daytime response times. This is also the same time when fire staffing is challenging. • When not responding to emergency calls the duty crew would also assist in fire prevention visits, truck/equipment maintenance, minor fire inspections and additional fire duties as assigned. • The duty crew would be made up of existing Eagan paid -on-call firefighters. • The duty crew would operate Monday -Friday from 10am-4pm. • It would normally be staffed with three firefighters per shift, but could drop to a crew of two if necessary. • The paid -on-call firefighters working the duty crew would be paid $11/hour, but would not be entitled to any additional benefits such as paid holidays/vacation/sick leave or medical, dental or life insurance. 2 (1 • The maximum hours that a duty crew member could work would be limited to 18 hours per week. INFORMATIVES: Accountant I named: Alexandra O'Leary. • City Council approved hiring for Accountant I on August 1, 2011. 3 1 a Agenda Information Memo August 16, 2011 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 27, 2011 and August 4, 2011 as presented. ATTACHMENTS: • Check registers dated July 27, 2011 and August 4, 2011 are enclosed without page number. 6 Agenda Memo August 16th 2011 Regular City Council Meeting CONSENT AGENDA: D. APPROVE A RESOLUTION ACCEPTING DONATION FROM BOSSARDT CORP. FOR THE FIRE SAFETY CENTER GRAND OPENING ACTION TO BE CONSIDERED: To approve a Resolution accepting a $1,650 donation from Bossardt Corp. FACTS: • Bossardt Corp was our Construction Management firm for the construction of the Fire Safety Center. • Bossardt volunteered to seek donations from the contractors involved in the construction of the Fire Safety Center to help pay for the costs associated with the grand Opening celebrations. • The following companies made contributions to Bossardt for this event: Dunham Associates $200.00 Rainmaker Paint Contracting $200.00 Crossroad Construction $200.00 Miller Excavating $200.00 Direct Digital Controls $200.00 Short -Elliot -Hendrickson $200.00 RTL Construction $150.00 Bossardt Corporation $300.00 Total $1,650.00 • Bossardt was passed the total contributions to the City of Eagan in the form of one donation. • A thank you letter will be sent to Bossardt Corp. from the fire department. ATTACHMENTS: • Resolution t if EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on August 16, 2011, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. * * * Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Bossardt Corp. has offered to donate $1,650 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Bossardt Corp. for the gracious and generous donation. ADOPTED this 16th day of August, 2011. ATTEST: City Clerk Mike Maguire, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Agenda Information Memo August 16, 2011, Eagan City Council Meeting E. APPROVE ON -SALE LIQUOR AND SUNDAY LICENSE FOR ZEST! BAR & GRILL RESTAURANT, LLC DBA ZEST! BAR & GRILL ACTION TO BE CONSIDERED: To approve the On -Sale Liquor and Sunday License for Zest! Bar & Grill Restaurant, LLC, dba Zest! Bar & Grill, located at 525 Diffley Road. FACTS: ➢ Alejandro and Marne Luebbert have applied for an On -Sale Liquor and Sunday License. The Luebberts are partners of the Limited Liability Company (Zest! Bar & Grill Restaurant, LLC). ➢ The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the On -Sale Liquor and Sunday License. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) 10 Agenda Information Memo August 16, 2011, Eagan City Council Meeting F. APPROVE TREE MAINTENANCE CONTRACTOR LICENSE FOR SPECIALTY TREE SERVICE ACTION TO BE CONSIDERED: To approve a Tree Maintenance Contractor License for Specialty Tree Service, 2113 Emerald Lane, Eagan, MN. FACTS: ➢ Mark Olson, owner of Specialty Tree Service, has applied for a Tree Maintenance Contractor License for 2011. All requirements of the application have been met and the fee has been paid. ➢ Staff recommends approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) '7 Agenda Information Memo August 16, 2011, Eagan City Council Meeting G. APPROVE KENNEL LICENSE FOR DIMMEN INCORPORATED, DOING BUSINESS AS FOUR PAWS PET RESORT, 4020 OLD SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To approve a Kennel License for Dimmen Incorporated, doing business as Four Paws Pet Resort, 4020 Old Sibley Memorial Highway. FACTS: ➢ Paul Dimmen and Joseph Dimmen, partners of Dimmen Incorporated, have applied for a 2011 Kennel License. Dimmen Incorporated will be purchasing the existing Four Paws Pet Resort, located at 4020 Old Sibley Memorial Highway. ➢ The required documents have been submitted and deemed in order by staff. The Animal Control Officer has inspected the premises and confirms that the licensing requirements have been met. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) Agenda Information Memo August 16, 2011 City Council Meeting CONSENT AGENDA: H: APPROVE DARK FIBER LICENSE AGREEMENT BETWEEN THE CITY OF EAGAN AND THE MINNESOTA VALLEY TRANSIT AUTHORITY (MVTA). ACTION TO BE CONSIDERED: Approve the Dark Fiber License Agreement between the City of Eagan and the Minnesota Valley Transit Authority (MVTA) that will allow connection to City owned fiber. FACTS: • It is the mutual desire of the City of Eagan and the MVTA that the MVTA located at 3600 Blackhawk Road, Eagan MN be connected to the City's fiber optic access point located at the Eagan Maintenance Facility located at 3501 Coachman Point, Eagan MN for the purpose of enabling the MVTA to connected to the City's high- speed access to Dakota County's Western Service Center. • The MVTA will lease the City's Dark fiber from the Maintenance Facility access point located at 3501 Coachman Road to the access point located at the Eagan Municipal Center located at 3830 Pilot Knob Road. • Two fibers will be leased from the Maintenance Facility to the Municipal Center for $50.00 per fiber per lineal mile. The total distance equals 1.87537 miles. The payment $187.54 will be monthly and will be a revenue source for the City's Fiber Infrastructure Fund. ATTACHMENTS: Attachment in pages ® through 9 is a copy of the proposed Agreement. �9 LICENSE (DARK FIBER) AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made as of the day of August, 2011, by and between the CITY OF EAGAN, a municipal corporation under the laws of the State of Minnesota, ("City"), whose address is 3830 Pilot Knob Road, Eagan, MN 55122, and MINNESOTA VALLEY TRANSIT AUTHORITY, a Joint Powers Authority comprised of Minnesota municipal corporations acting pursuant to Minn. Stat. §471.59, having its principal place of business at 100 East Highway 13, Burnsville, MN 55337 ("Licensee"). RECITALS: WHEREAS, the City has constructed a fiber optic network ("City Dark Fiber") throughout portions of the City which interconnects municipal facilities and other related governmental facilities (the "City Network"); and WHEREAS, Licensee intends to provide fiber optic telecommunication services to third parties; and WHEREAS, the City is willing, subject to the terms, covenants and conditions set forth in this Agreement, to grant to Licensee a license for the operation and use of certain City Dark Fiber in the City Network to Licensee, and Licensee desires to license subject to the terms, covenants and conditions, the use of certain City Dark Fiber in the City Network. NOW THEREFORE, in consideration of the foregoing, and of the promises and covenants contained in this Agreement, the parties agree as follows: 1. Scope of Dark Fiber License. The City hereby grants to Licensee on an nonexclusive basis the right to use the strand or strands of the City Dark Fiber described in Exhibit "A" attached hereto and made a part hereof by reference, along the segments described in Exhibit "A" (the "Route Segments") as the same may be amended from time to time according to the terms of this Agreement (the "Licensed Fibers") for the Term and the License Fee specified in this Agreement. 2. Effective Date and Term. This Agreement shall become effective as of the date that the City's Council executes this Agreement ("Commencement Date") and shall remain in effect unless and until terminated in accordance with the termination provisions of this Agreement. The term ("Term") of this Agreement shall be for a period of ten (10) years commencing on the Commencement Date unless terminated earlier according to the terms of this Agreement. The Licensed Fibers, identified in the Initial Exhibit "A", may be amended from time to time in writing signed by the City and Licensee, as specified in the applicable amended Exhibit "A", which shall be attached to this Agreement, shall have its own term, which term shall commence on the date that the City executes the applicable amended Exhibit "A" and end on the date set forth in the applicable amended Exhibit "A" which shall be coterminous with the Termination Date of this Agreement. 157699v1 ab 3. Definitions. For purposes of this Agreement and as used herein, the terms set forth below shall be defined as follows: Acceptance Test — The tests conducted on the Licensed Fibers by the Licensee to ensure that the Licensed Fibers meet or exceed the City Dark Fiber Specifications outlined in Exhibit "B". City Dark Fiber — All dark fiber owned by the City whether dedicated for the City's use only or whether used by the Licensee or a third party. City Conduit — The City -owned conduit in which the City Dark Fiber is located. Fiber Acceptance Date — The date of the applicable Notice of Acceptance which evidences that the Licensed Fibers in the applicable Route Segments as defined in each Exhibit "A" have passed the Acceptance Test and have met the conditions of Section 6. License Fee — The License Fee shall mean the Fiber License Fee. Licensed Fibers — shall have the definition set forth in Section 1 of this Agreement. Licensee Facility Location — Locations where Licensee's Equipment enclosures will be installed as outlined in a separate Exhibit "D", as identified by the Route Segment number, for each Route Segment. Licensee Premises — That portion of any site Licensee uses to house Licensee's Equipment in order to use the Licensed Fibers. Licensee's Equipment — shall mean the Licensee's terminals and peripheral equipment or facilities used with or connected to the Licensed Fibers which may be located on City's property pursuant to a separate agreement or on its own land or that of a third party. Notice of Acceptance — Licensee's written approval that the Licensed Fibers have passed the Acceptance Test. The Notice of Acceptance shall define the effective date for the term of the applicable Route Segment set forth in the applicable Exhibit "A", as amended from time to time. Route Segment — That portion of the City's Conduit containing the Licensed Fibers installed between the applicable Splice Vaults as set forth in the applicable Exhibit "A". Splice Vault — The vaults installed by the City in the City Network where the City, the Licensee and other users of the City Network can splice into the City Conduit and/or the City Dark Fiber. 157699v1 4. Price and Payment. (a) Subject to the allowances for interruptions set forth in this Agreement, Licensee shall pay the City a license fee for the use of the Licensed Fibers provided by the City ("Fiber License Fee") which Fiber License Fee shall commence on the applicable Fiber Acceptance Date. The Fiber License Fee payable to the City for the Licensed Fibers shall be as shown on attached Exhibit "A" as the same may be amended from time to time according to the terms of this Agreement. The -9I 157699v1 Fiber License Fee, hereinafter referred to as the "License Fee" or "License Fees" shall be payable quarterly, in advance, on the first day of each calendar quarter commencing on the applicable Fiber Acceptance Date for the applicable Route Segment. Should the Fiber Acceptance Date be any date other than the first day of any calendar quarter, then that initial quarter's License Fee shall be prorated based on the actual date and shall be due on or before the applicable Fiber Acceptance Date or Permit Date. (b) Licensee shall pay all License Fees, by wire transfer, in the amount set forth on the statement sent to the Licensee by the City to the account specified in the invoice. The Licensee shall pay to the City a late payment fee of five percent (5%) of the amount of any License Fee payment that is overdue by more than ten (10) days ("Late Payment Fee"). (c) If for any reason Licensee is delinquent in the payment of any License Fee or any amounts due to the City under this Agreement for more than thirty (30) days, after written notice of the past due amount, Licensee shall pay in addition to the Late Payment Fee, interest on such unpaid amount, calculated from the date such payment is due until such payment is made. (d) During the Term for the applicable Route Segment of Licensed Fiber set forth in the applicable Exhibit "A" attached to this Agreement, the City shall be entitled to increase the License Fees payable by the Licensee to the City on January 1st of each year, by the Consumer Price Index (CPI) as published by the U.S. Department of Labor's Bureau of Labor Statistics or five percent (5%) whichever is greater. The License Fees payable hereunder shall never decrease. 5. Application Process for Licensed Fibers. (a) During the term of this License, the execution by both parties of an amended Exhibit A shall be the exclusive procedure to be used by Licensee in licensing of the Licensed Fibers from the City. (b) Within fifteen (15) business days after receipt of a written request for service from Licensee, the City will review such request and notify Licensee of its decision to consider such request. If the City determines that it will consider the request, the Licensee will be required to post an escrow amount and map/engineer drawings and/or other information sufficient for the City to review the request. The City will furnish to Licensee an estimate of the applicable License Fee and anticipated Fiber Acceptance Date as shown on Exhibit "A" for Licensee's review and acceptance. Within ten (10) business days of receiving notice of acceptance of its request, Licensee will notify the City if the License Fees and Fiber Acceptance Date proposed by the City are accepted. (c) Within fifteen (15) days of Licensee's notice to the City that it will accept the proposed License Fees and Fiber Acceptance Date, the City and Licensee will execute the appropriate Exhibit A which shall be attached to this Agreement. (d) Upon Licensee's execution of the appropriate Exhibit A (and with respect to the initial Exhibit A, this Agreement), the documents will be presented to the City Council for consideration. Following City Council approval, the Licensee shall pay the applicable License Fee and the City will provide the Licensed Fibers to Licensee in accordance herewith. 6. Acceptance Testing and Completion of Licensed Fibers. (a) Upon Licensee's request, prior to the Licensee's splicing into the applicable City Dark Fiber, the City shall have the Licensed Fibers tested at the Licensee's sole cost and expense in accordance with the procedures and standards specified in Exhibit "B" ("Acceptance Testing"). Licensee shall be responsible for the timely completion of any work or installation required in order for it to place the Licensed Fibers into operation (and Licensee's failure to complete such work shall not be grounds for rejection of a Completion Notice). City shall give Licensee five (5) days prior notice of the time and location of the Acceptance Testing, and Licensee shall have the right, but not the obligation, to be present to observe the Acceptance Testing. City shall provide Licensee with a copy of such test results. City shall deliver the Licensed Fibers to Licensee in conformance with the fiber specifications set forth in Exhibit B. (b) Upon the successful completion of Acceptance Testing, the City shall provide written notice of same to Licensee (a "Completion Notice"). City shall contemporaneously deliver a copy of the results of the Acceptance Testing and Licensee shall, within fifteen (15) days of receipt of the Completion Notice, either accept or reject the Completion Notice (Licensee shall be permitted to reject only if Licensee specifies failure of the Licensed Fibers to satisfy the requirements of this Agreement) by delivery of written notice to City. Licensee's written acceptance shall constitute the Notice of Acceptance. In the event Licensee rejects the Completion Notice, City shall promptly, and at no cost to Licensee, commence to remedy the defect or failure specified in Licensee's notice. Thereafter City shall again conduct Acceptance Testing and (if successfully completed) provide Licensee a Completion Notice. The foregoing procedure shall apply again and successively thereafter until City has remedied all defects or failures specified by Licensee. Any failure by Licensee to timely reject a Completion Notice, or any use of the Licensed Fibers by Licensee for any purpose other than testing, shall be deemed to constitute acceptance for purposes of this Agreement and Licensee shall be deemed to have delivered a Notice of Acceptance upon the earlier of (i) such use or (ii) the fifteenth (15th) day after delivery of the Completion Notice. 7. Use of Licensed Fibers; Access. Licensee's use of the Licensed Fibers shall be limited to supporting Licensee's business operations. Licensee shall not use the Licensed Fibers in violation of this Agreement, any applicable law, rule, regulation or order of any governmental authority having jurisdiction, or any franchise, license, agreement or certificate related to the City Network, unless the validity thereof is being contested in good faith and by appropriate proceedings (but only so long as such proceedings and Licensee's use of the Licensed Fibers does not, in City's reasonable opinion, involve any risk of the forfeiture, or loss of the City 157699v1 Network or the City of any other license of the City Dark Fiber, or any part thereof or any interest therein). Licensee shall have the right to interconnect the Licensed Fibers to Licensee's network at the existing Splice Vaults and such other points as are technically feasible and which are approved by the City in its sole discretion. Upon Licensee's request, City shall consult with Licensee regarding the location of the interconnection points with City during the design, engineering and permitting phases of any construction by Licensee. 8. Performance and Maintenance. City shall maintain the Licensed Fibers pursuant to Exhibit "C", so that at all times the Licensed Fibers perform in accordance with the standards set forth in Exhibit "B". Inspection and maintenance of the Licensed Fibers will be conducted by City or its subcontractors upon the request of Licensee unless prior arrangements have been made between City and Licensee. The Licensee shall be responsible for all costs of the City relating to the inspection and maintenance of the Licensed Fibers requested by the Licensee and the Licensee shall pay the City for said costs within thirty (30) days of the City invoicing the Licensee. 9. Ownership and Title. All ownership, rights, title and interest in all the Licensed Fibers provided by City hereunder shall at all times remain exclusively with the City. All right, title and interest in the Licensee's Equipment shall at all times remain exclusively that of the Licensee. 10. Liens and Encumbrances. Neither party, directly or indirectly, shall create or impose any lien on the property of the other or on the rights or title relating thereto or any interest therein or in this Agreement. 157699v1 11. Representations and Covenants Regarding Authorizations. (a) Licensee hereby represents, warrants and covenants to City as follows: (i) Licensee is duly organized, validly existing and in good standing under the laws of the State of Minnesota and has full power and authority to execute, deliver and perform the terms of this Agreement. (ii) Licensee has or will use its best commercial efforts to obtain and maintain all rights, licenses, governmental regulatory approvals, authorizations, rights-of-way, and other agreements and permissions necessary for the use of the Licensed Fibers, or Licensee's Equipment, as well as any other such rights, licenses, authorizations, rights-of-way, and other agreements, easements, or permissions necessary for the installation and use of the Licensed Fibers. Licensee shall be solely liable for all costs related thereto. (iii) Licensee covenants that its use of the Licensed Fibers shall at all times be in compliance with law and that Licensee has received and is in compliance with all regulatory authorizations. (b) City hereby represents, warrants and covenants to Licensee as follows: (i) City is duly organized and validly existing under the laws of its State of Minnesota and has full power and authority to execute, deliver and perform the terms of this Agreement. (ii) City has obtained and will maintain all rights, licenses, governmental regulatory approvals, authorizations, rights-of-way, and other agreements and permissions necessary for the use of the Licensed Fibers, and the City Network including such rights, licenses, authorizations, rights-of-way, and other agreements, easements, or permissions necessary for the installation of the City Network and use of the Licensed Fibers. City shall be solely liable for all costs related thereto. 12. Compliance with Law. Each party shall perform its respective rights and obligations hereunder in accordance with all applicable laws, rules and regulations imposed by any governmental authority. 13. Access to Licensed Fibers. The City shall provide Licensee with access to the Licensed Fibers shown on Initial Exhibit A upon the execution of this Agreement by the City and the Licensee or any Amended Exhibit A upon the City and the Licensee executing and attaching to this Agreement the applicable Amended Exhibit A. 14. Relocation of the Licensed Fiber. Licensee recognizes that, from time to time, City may elect or be required to relocate the Licensed Fibers and/or City Conduit, whether such relocation is for the convenience of City or is a requirement by law or existing contract or by loss of right-of-way the City shall be solely responsible for all costs incurred to relocate the Licensed Fibers except for the cost related to the Licensee splicing into the new Licensed Fiber. For any other relocation, Licensee shall pay its proportional share of the cost, defined as the number of Licensed Fibers divided by the total number of City Dark Fiber and Licensee Dark Fiber in any given Route Segment. City will use commercially reasonable efforts to effect any relocation in a manner that will not cause any material interruption to Licensee's use of the Licensed Fibers. 157699v1 15. Condemnation and Casualty. (a) Condemnation. If all or any portion of the Licensed Fibers are taken for any public or quasi -public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain, the City and the Licensee shall be entitled to terminate this Agreement with respect to the Licensed Fibers affected, or if such condemnation materially affects the intended purpose of the Licensed Fibers, then Licensee may terminate the Agreement in its entirety. In such event, both parties shall be entitled to participate in any condemnation proceedings to seek to obtain compensation by separate awards for the economic value of their respective interests in the City Dark Fiber or the Licensed Fibers. (b) Casualty. If all or any portion of the City Dark Fiber, the City Conduit or the Licensed Fibers are made inoperable and beyond feasible repair due to a casualty or other Force Majeure Event (as that term is defined in Section 24 below), Licensee shall be entitled to terminate this Agreement with respect to the applicable Licensed Fibers affected by such casualty or other event. In such event, both parties shall be entitled to seek to recover the economic value of their respective interests in the City Dark Fiber, the City Conduit or the Licensed Fibers (i) under any insurance policy carried by either party or any third party, or (ii) in either joint or separate actions, from any third party which may be legally responsible for causing such casualty. 16. Government Data Practices. The parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each party under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by any party under this Agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by any party. If any party received a request to release data referred to in this clause that was received by the party receiving the request from another party, the party receiving the request to release the data must immediately notify the party from whom the data originated. The originating party will give the party receiving the request to release the data instructions concerning the release of the data to the requesting party before the data is released. 17. Liability and Insurance. Each party to this Agreement shall be liable for its own acts or omissions and those of its own employees and the results thereof to the extent authorized by law, and shall not be responsible for the acts of the other party, its agents or employees. It is understood and agreed that liability and damages arising from the parties' acts and omissions are governed by the provisions of the municipal Tort Claims Act, Minn. Stat. Ch. 466, the Minnesota Tort Claims Act, Minn. Stat. §3.736, as applicable, and other applicable laws. Each party warrants that it is able to comply with the aforementioned liability and insurance requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466 or Minn. Stat. §3.736, as applicable. This Agreement shall not be construed as and does not constitute a waiver by any Party of any conditions, exclusions or limitations on the party's liability provided by Minnesota Statutes, Chapter 466, Minnesota Statutes §3.736 or other applicable laws. This clause will not be construed to bar any legal remedies that each party may have for another's failure to fulfill its obligations under this Agreement. 18. State Audits. Under Minn. Stat. §16C.05, subd. 5, each party's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 19. Events of Default. Each of the following events shall constitute an event of default (whether any such event shall be voluntary or involuntary or occur by operation of law or pursuant to any judgment, decree, order, rule or regulation of any court or administrative or governmental body): 157699v1 (a) The failure of Licensee to pay any License fee when due or any other payment due hereunder and the continuation of such failure for thirty (30) days after written notice is given by City demanding such payment; (b) If either party fails to observe or performs its obligations under this Agreement and does not cure such failure within thirty (30) days from its receipt of written notice of breach without, however, limiting any other rights available to the parties pursuant to any other provision of this Agreement. If the default may not be reasonably cured within such thirty (30) day period, either party may request the other party to grant an extension of the time to cure not to exceed ninety (90) days. (c) Except as expressly limited hereby, the City and the Licensee shall have such remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same within the applicable time allowed to cure under the terms of this Agreement. 20. Rights Upon Default. (a) Upon the occurrence of a default by Licensee, the City may forthwith terminate this Agreement by thirty (30) days written notice to Licensee. (b) Upon the occurrence of a default by the City, Licensee shall be entitled to terminate this Agreement or any particular Route Segment by written notice to the City. Unless otherwise explicitly set forth in this License, this shall constitute Licensee's sole remedy for the City's default. (c) The right of either party to terminate a specific Route Segment or this License shall be in addition to, and not in substitution for, any other rights that a party may have as a result of a default by the other party. In the exercise of its right of termination as herein provided, the non -defaulting party may, at its option, elect to terminate this Agreement in its entirety or only with respect to the particular Route Segment to which the defaulting party may be in default of its obligations under this Agreement. 21. Remedies. Upon the occurrence and during the continuance of any event of default, the non -defaulting party may, at its option, declare this Agreement to be in default and may, in addition to any other remedies provided herein, terminate this Agreement. No remedy is intended to be exclusive, but each shall be cumulative and in addition to and may be exercised concurrently with any other remedy available to City or Licensee at law or in equity. 157699v1 22. Termination. (a) Except as otherwise provided herein, this Agreement may be terminated, without penalty or further liability, by the applicable party, as follows: 8 (i) by either party upon thirty (30) days written notice to the other party of a default as defined herein (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); (ii) either party may immediately terminate this Agreement if its does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source; or if funding cannot be continued at a level sufficient to allow for payment of the services covered here. Termination must be by written or fax notice to the other parties. A party is not obligated to pay for any services that are provided after notice and effective date of termination. A party will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding within a reasonable time of the party's receiving that notice. (b) Notice of Termination. All License Fees paid by Licensee prior to said termination date shall be retained by the City. (c) Licensee's Liability for Early Termination. If Licensee terminates this Agreement as to all or any Licensed Fibers, the Licensee shall pay to the City as liquidated damages for early termination, one hundred fifty percent (150%) of the applicable annual License Fees for the applicable Licensed Fibers for the year in which Licensee terminates. All License Fees previously paid to the City shall be retained by the City. (d) Removal of Licensee's Equipment. Upon termination of this Agreement for any reason, Licensee shall, within ninety (90) days of notice by the City to the Licensee as hereinafter provided, remove all of Licensee's Equipment. 23. Force Majeure Events. Neither party shall be liable to the other for any failure of performance under this Agreement due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; any law, order, regulation, direction, action or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over such party, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state or local governments, or of any civil or military authority; national emergencies; insurrections; riots; wars; or strikes, lock -outs, work stoppages or other labor difficulties (collectively, "FORCE MAJEURE EVENTS"). 24. Rights and Obligations of Licensee. In addition to the rights and obligations of Licensee set forth elsewhere in this Agreement, Licensee shall: 157699v1 (a) have full and complete control, responsibility and liability for the signals distributed over the fiber optic components of the Licensed Fibers licensed by Licensee or for its benefit; (b) have full and complete control, responsibility and liability for the purchase, installation, construction and maintenance of the Licensee's Equipment; 9 157699v! (c) have full and complete control, responsibility and liability for operating and maintaining any operating authority from any federal, state or local governmental body or agency that relates to the activities of Licensee under this Agreement, including Licensee's license of channel capacity on the Licensed Fibers. 25. Access and Security. (a) Licensee agrees upon reasonable prior oral or written notice from the City (considered to be 5 business days notice for a request not Outage -related and as soon as possible for an Outage -related request) to allow the City direct ingress and egress to Licensee's Premises at such times as may be required by the City to perform any appropriate testing, maintenance and repair of the Licensed Fibers located at Licensee's Premises. Licensee may require that a representative of Licensee accompany any representatives of the City who have access to the Licensee's Premises; provided, however, that such requirement shall not delay or otherwise interfere with the City's ingress and egress to Licensee's Premises. (b) Licensee and Licensee's designee shall have the right to visit any facilities of the City over, under, on or upon or in which the Licensed Fibers are located, upon reasonable prior oral or written notice to the City (considered to be 5 business days notice for a non -service affecting request and eight (8) hours or less notice for a service -affecting request) provided that the City may require that a representative of the City accompany any representative of Licensee or of any Licensee designee making a visit. Such visitation right shall include the right to inspect the Licensed Fibers and to review performance or service data, and other documents used in conjunction with this License. Employees and agents of Licensee or of a Licensee designee shall, while on the premises of the City, comply with all rules and regulations including, without limitation, security/safety requirements and, where required by government regulations, receipt of satisfactory governmental clearances. The City shall have the right to notify Licensee that certain Licensee or Licensee designated employees are excluded if, in the reasonable judgment of the City, the exclusion of such employees is necessary for the proper security and maintenance of the City's facilities. (c) The City agrees to allow Licensee direct ingress and egress to Licensee's premises at such times as may be required for Licensee to perform any appropriate testing, maintenance and repair. The City may require that a representative of the City accompany any representatives of Licensee on such visits to the City property otherwise outside the Licensee's premises. Employees and agents of Licensee or of a Licensee designee shall, while on the premises of the City, comply with all rules and regulations including, without limitation, security/safety requirements and, where required by government regulations, receipt of satisfactory governmental clearances. The City shall have the right to notify Licensee that certain Licensee or Licensee designated employees are excluded if, in the reasonable judgment of the City, the exclusion of such employees is necessary for the proper security and maintenance of the City's facilities. �9 (d) Notwithstanding the provisions of this Section, each party acknowledges that the operational efficiency of the other depends on the continuous availability of its trained personnel and, accordingly, both parties will act cooperatively to resolve any situations which may arise that threaten the security, operations or maintenance of either party's facilities prior to excluding any personnel. 26. Assignment. Licensee may not assign, transfer, delegate or in any other manner dispose of, any of its rights, privileges or obligations under this Agreement without the express written consent of City. 157699v1 27. Dispute Resolution Procedures. (a) The City and Licensee shall attempt in good faith to resolve any disputes that may arise under this Agreement. In the event that the City and Licensee are unable to resolve any such dispute within thirty (30) days of the date on which the dispute arises, then either party may submit to the other notice (the "Mediation Notice") that the parties shall mediate such dispute pursuant to this Section. Within ten (10) business days after a written request by either party, the parties shall agree in good faith upon a mediator. The disputing parties shall attempt in good faith to resolve their dispute in accordance with the procedures and timetable established by the mediator. If a resolution of the dispute is not reached by the 30th day after the appointment of the mediator, or such later date as may be agreed to by the parties, the mediator shall promptly provide the disputing parties with a written, confidential, non-binding recommendation on resolution of the dispute, including the mediator's assessment of the merits of the principal positions being advanced by each of the disputing parties. At a time and place specified by the mediator after delivery of the foregoing recommendation, the disputing parties shall meet in a good faith attempt to resolve the dispute in light of the mediator's recommendation. Each disputing party shall be represented at the meeting by a person with authority to settle the dispute, along with such other persons as each disputing party shall deem appropriate. If the disputing parties are unable to resolve the dispute at or in connection with the meeting, then: (1) any disputing party may commence such judicial proceedings as may be appropriate; and (2) the recommendation of the mediator shall have no further force or effect, and shall not be admissible for any purpose, in any subsequent judicial proceeding. The costs of the time, expenses, and other charges of the mediator and of the mediation process shall be borne by the parties to the dispute, with each side in a mediated matter bearing one-half of such costs. Each party shall bear its own costs and attorneys' fees incurred in connection with any mediation under this Agreement. (b) Unless otherwise agreed in writing or prohibited by applicable law, the parties shall continue to provide service, honor all other commitments under this Agreement and continue to make payments in accordance with this Agreement during the course of any dispute resolution and during the pendency of any action at law or in equity relating hereto. ge) 28. Forum for Mediation or Litigation. In the event that mediation or litigation is required in order to resolve any dispute or disagreement connected with this Agreement, it is agreed by and between the parties hereto that venue and jurisdiction for any such mediation or litigation shall be in Dakota County, Minnesota. Unless otherwise provided by law, any and all litigation between the parties hereto arising out of this Agreement shall be instituted and maintained in a court of competent jurisdiction in Dakota County, Minnesota. Any cause of action arising by virtue of the laws of the United States shall be instituted in a court of competent jurisdiction in the State of Minnesota. 157699v1 29. Miscellaneous. (a) Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one and the same instrument, and in pleading or proving any provision of this Agreement, it shall not be necessary to produce more than one complete set of such counterparts. (b) Captions; Gender. Article and section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. Whenever used herein the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. (c) Governing Law and Binding Effect. This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the State of Minnesota. This Agreement shall bind and inure to the benefit of each of the parties and their successors and permitted assigns. (d) Waivers and Amendments. This Agreement may not be amended nor shall any waiver, change, modification, consent or discharge be effected, except by an instrument in writing adopted, in the case of an amendment, by each party and, in the case of a waiver, consent or discharge, by the party against whom enforcement of such instrument is sought. Any consent by either party to, or waiver of, a breach by the other party shall not constitute a waiver or consent to any subsequent or different breach. If either party shall fail to enforce a breach of this Agreement by the other party, such failure to enforce shall not be considered a consent to or a waiver of said breach or any subsequent breach for any purpose whatsoever. (e) Relationship Not a Partnership or an Agency. The relationship between Licensee and City shall not be that of partners or agents for one another and nothing contained in this Agreement shall be deemed to constitute a partnership, joint venture or agency agreement between them. (f) Notices. All notices, requests, demands, statements, reports and other communications under this Agreement shall be in writing and deemed to be duly (g) delivered, if delivered in person, by overnight courier or by certified or registered mail: If to City: City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn: Information Technology Manager With a copy to: Eagan City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 If to Licensee: Minnesota Valley Transit Authority 100 East Highway 13 Burnsville, MN 55337 Either party hereto may change its mailing address by giving notice to the other pursuant to the provisions of this paragraph. Disclaimers. There are no agreements, warranties or representations, express or implied either in fact or by operation of law, statutory or otherwise, including warranties of merchantability and fitness for a particular purpose or use, except those expressly set forth herein. (h) Entire Agreement. This Agreement, including the exhibits, schedules and annexes hereto, which are hereby incorporated by reference and made a part of this Agreement as if they were fully set forth herein, constitutes the entire agreement between City and Licensee with respect to the subject matter hereof and supersedes all prior agreements and understandings between them as to such subject matter, and there are no restrictions, agreements, arrangements or undertaking, oral or written, between City and Licensee relating to the transactions contemplated hereby which are not fully expressed or referred to herein. (i) 157699v1 Severability. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule or law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner adverse to either party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the greatest extent possible. 13 IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed this Agreement on the dates indicated below. CITY OF EAGAN Dated: August , 2011 BY: Name: Mike Maguire Title: Mayor Dated: August , 2011 BY: STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) Name: Christina M. Scipioni Title: Clerk The foregoing instrument was acknowledged before me this day of August, 2011, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk, respectively, of the City of Eagan, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 157699v1 Notary Public 14 33 LICENSEE: MINNESOTA VALLEY TRANSIT AUTHORITY Date: August , 2011 BY: Name: Title: STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of August, 2011, by , the , of Minnesota Valley Transit Authority, a Joint Powers Authority comprised of Minnesota municipal corporations acting pursuant to Minn. Stat. §471.59, on its behalf. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 157699v1 EXHIBIT "A" Licensed Fibers Route Rates Accepted for City Accepted for Licensee Termination Date Start Date Splice Date Outstanding License Fee (per month) Rate (per mile per month) 0 0 0 in 69 O ER cs N N au to Cs cu IN M In N GO 8.78541 Length (feet) N O CT ON 46,387 Route Segment 1. The City of Eagan Maintenance Facility to the City Hall 2. The City of Eagan City Hall to the Western Service Center M 4 3S EXHIBIT "B" City Network Fiber Acceptance Testing Procedures and Standards The intent of this Exhibit is to identify the fiber acceptances testing procedures and standards used within the City Network. Deviations from these specifications may occur if City acquires a portion of the City Network from a third party pursuant to the Agreement. 1. All splices shall be fusion spliced. Mechanical splices are only allowed during temporary restoration and will be replaced within three (3) business days, with fusion splices. 2. Fibers shall be terminated with Ultra SC -PC connectors (typical return loss of 0.50 dB). 3. After end-to-end connectivity on the fibers has been completed, bi-directional OTDR span and power meter testing will be completed. City shall perform tests after the fiber cable is installed and the splicing enclosures have been completed and are in their final resting configuration with the cable vault or hand hole covers closed. This ensures that no micro or macro bending problems with the cable or fiber strands will contribute to the loss/attenuation measurements. 4. Power meter tests shall be completed to verify and insure that no fibers have been crossed at any of the splice points within the network. City shall test and record power level readings on all fiber strands in both directions of transmission (bi-directionally) using the 1310 & 1550 nm wavelengths. 5. All OTDR and power meter tests shall be completed as follows: a. All OTDR traces shall be taken from both ends of a section (between adjacent Locations) and recorded using the 1310 & 1550 nm wavelength. Loss/attenuation measurements for each splice point from both directions shall be taken and recorded. b. The end-to-end loss value as measured with an industry -accepted laser source and power meter should have an attenuation rating of less than or equal to the following: (1) At 1310 nm: (0.35 dB/km x km of cable) + (number of connectors x 0.50) + (0.05 x number of splices). (2) At 1550 nm: (0.25 dB/km x km of cable) + (number of connectors x 0.50) + (0.05 x number of splices). c. City's loss/attenuation objective for each fiber optic splice is 0.05 dB when measured in one direction with an OTDR test set (excluding connector loss, which is typically 0.50 dB per mated connector pair). If after three attempts this parameter is not met, the splice will be marked as Out -Of -Spec (OOS) and the splice will remain provided the average loss/attenuation value of all splices on an individual fiber basis shall not exceed 0.10 dB for the entire ring or subsystem. d. For bi-directional OTDR testing, the distance from Location "A" and Location "Z" shall be recorded for each splice point. The loss/attenuation at each splice point shall be recorded at both wavelengths (1310 nm & 1550 nm) in each direction. City shall then average the two readings to obtain the final average splice loss/attenuation for each splice point of each fiber strand within the fiber optic cable. e. Each fiber strand color must be recorded along with its buffer tube color or the ribbon color. The laser source transmit power level using the 1310 & 1550 nm wavelengths will 157699v1 17 always be recorded together with the receive power level reading at the receiving end of the test. 6. OTDR traces will be taken and splice loss measurements recorded. City will store OTDR traces on electronic media. Loss measurements will be recorded using an industry -accepted laser source and a power meter. Copies of all data sheets and tables and one set of diskettes with all traces will be available to Licensee. 7. Following emergency restoral, City personnel shall perform span test documenting end-to- end attenuation measurement of each fiber and will be completed in both directions at 1310 & 1550 nm wavelengths. Upon permanent repair, new splice loss readings should be no greater than the original splice loss specifications. 157699v1 18 S7 EXHIBIT "C" MAINTENANCE SPECIFICATIONS 1. Planned Network Maintenance Activity. A. Timing. Except as set forth in the following sentence, City shall perform all maintenance between 0001-0600 local time, Monday through Friday, inclusive, that will have a disruptive impact on the continuity or performance level of the Licensed Fibers. However, the preceding sentence does not apply to restoration of continuity to a severed or partially severed Licensed Fibers, restoration of dysfunctional power and ancillary support equipment, or correction of any potential jeopardy conditions. B. Notice. City shall provide Licensee with telephone, facsimile, or written notice of all non -emergency planned network maintenance no later than seven (7) business days prior to performing maintenance that, in its reasonable opinion, has a substantial likelihood of affecting Licensee's traffic. If City's planned activity is canceled or delayed, City shall promptly notify Licensee and shall comply with the provisions of the previous sentence to reschedule any delayed activity. 2. Miscellaneous. A. Standard of Care; Cooperation. In performing its services hereunder, City shall take workmanlike care and make commercially reasonable efforts to prevent impairment to the signal continuity and performance of the Licensed Fibers. In addition, City shall reasonably cooperate with Licensee in sharing information and analyzing the disturbances regarding the cable and/or fiber facilities. B. Licensee's Equipment. Nothing contained herein shall make City responsible for the Licensee's Equipment. C. Escalation List. City shall, at Licensee's request, provide Licensee an operations escalation list for use in reporting and seeking redress of exceptions noted in City's performance of routine maintenance and non -routine maintenance. 157699v1 19 38 EXHIBIT "D" LICENSEE FACILITY LOCATIONS 9 1 {i a ViAV llVH Allo 01 AIIIIOV3 3ONVN31NI` IN NVOV3 d0A110 1 ggi $ N H 39 Agenda Information Memo August 16, 2011, Eagan City Council I. EXTENSION OF FINAL PLAT APPROVAL (POMROY ADDITION) ACTION TO BE CONSIDERED: To approve a six month extension of the Final Plat consisting of one parcel upon approximately 0.81 acres located at 3755 Blackhawk Road. FACTS: ➢ The City Council originally approved the Final Plat on June 7, 2011. ➢ The 60 -day time frame for recording the plat expires August 6, 2011. ➢ The County's plat checking review identified an issue with the property descriptions. The applicant and surveyor are working with the Dakota County Surveyor to resolve the issue. ➢ The applicant has requested a 6 -month extension of the Final Plat approval to allow time to resolve the issue and complete recording of the plat. ➢ Approval of the extension would set a new recording deadline of February 6, 2012. ATTACHMENTS (2): Location Map, page* Letter from ApPlicant,'James Barton Design Build, page l/ Location Map Fort Snelling�State Park h, .!w,..• - . 4._, 41‘4" AS WVArsO kt6011 qb El e ,.„'� X00/pv.....„ 6 Z1 gi ai,„ 3,......,01, ...: 0 .„. i SILVER BELL ROAD / /I Sky Hill Park R Yankee Doodle.Rd Mil Diflley Rd Cliff Rd Map Area Extent .�.) 1 1 I vL 6 0 #14111 Subject Site CREST RrGE FL NE � \I 1 1 I AOHRI URO HO r+JONTEEEY LAN • K_LLO LANE 0111; WA* # "'HR. 4441, Agite#mi song i It saimill 0,44 iffilP MIME SILVER BELL ROAD MIN ���a���lim�li Woodhaven Park41 4 vim Ok AMU 110w An III♦����1� 014-1 Viare: •-' a***t J,fI IT�a T I � i m .* • 1111 Pendot Path Park C< NII t 1 A iii k111111I11 111/r/,.11 IL 044 164 wiNf . ,RTO COC RA MILE9 Pia B � lam 11111 A1.11 111111 CARTE LAV EE- Blackhawk Park SPiil►' Wig' •14FAI op, OEERV COD DR VE Project Name: Jon & Linda Pomroy (3755 Blackhawk Rd.) 0 4066 City of Capp y 500 1,000 Legend J -II! g111 City Boundary Parcels Parks Buildings I Feet 2,000 James Barton Design -Build Inc. Fine Home Remodeling 5920 148th St. W. Suite 100, Apple Valley, MN 55124 Office 952.431.1670 Fax 952.431.8468 www.jamesbartondesignbuild.com To Whom It May Concern: This letter is to request an extension of the final plat deadline for the Pomroy Addition Plat. We (James Barton Design Build Inc.) are requesting this extension due to unforeseen issues with the plat property description and Certificate No. 93663 property description. Dakota county states: "This office surmises that the call in the certificate "except road" was not intended to actually except it from the legal description, but to except it only from being taxed by the Assessor 's Office. Therefore our office requires the owner get an attorney to initiate a Proceedings Subsequent to Initial Registration 10 reform the description of the certificate and remove the words "except road", thereby allowing the whole parcel of 1.73 acres to be platted as shown on the preliminary plat above. Our office has put this plat on hold until the issue is resolved." The attorney working on this says it is not possible to get this Proceedings Subsequent done by the August 8th deadline. We are requesting an extension of 6 months due to the fact that there are a lot of factors that could affect the timeline of this getting through the court system. We hope that this will get resolved faster then the estimated 6 months but we do not want to have to file for another extension if this gets hung up somewhere in the process. Please feel free to contact our office with any questions regarding this extension request. Sincerely, Jon Hassenfritz James Barton Design Build Inc. 952-431-1670 RECEIVED JUL 2 9 2011 Agenda Information Memo Eagan City Council Meeting Consent Agenda August 16, 2011 J. APPROVE PUBLIC WORKS COMMITTEE RECOMMENDATION REGARDING CIVIL ACTIONS AS AN OPTION FOR CODE ENFORCEMENT CASES ACTION TO BE CONSIDERED: To approve a Public Works Committee recommendation regarding Civil Actions as an option for Code Enforcement Cases. FACTS: > As the Council is aware, the City's approach to zoning code enforcement is a combination of complaint based and proactive enforcement efforts. The effort is focused on achieving compliance as opposed to applying penalties. > Typically the City has good success with the notification process for identifying and achieving compliance with the zoning code. In some cases, when an owner does not respond to those efforts, it is necessary to proceed to the citation step. In those situations, City staff works with the City Attorney's office to issue a citation and schedule a hearing to have the court consider additional direction or consequences. ➢ In a small number of cases, violations continue or recur despite the use of citations. In those situations, the City has the option under state law of pursuing civil enforcement, rather than criminal. ➢ Civil enforcement may be in the form of injunctive relief or nuisance abatement, depending upon the specific circumstances. > At its meeting of August 1, 2011, the Council Public Works Committee reviewed these options generally with the City Attorney and City staff. The Committee is recommending that the Council: o Authorize the consideration of civil enforcement as an option for certain ongoing or recurring zoning code enforcement cases on a case by case basis, and o Designate the Public Works Committee to review cases as they may arise from time to time to make a recommendation to the City Council for the consideration of a civil action, if appropriate. ATTACHMENTS: )=. Public Works Committee notes on page PUBLIC WORKS COMMITTEE MTG MONDAY, AUGUST 1, 2011 EAGAN CITY HALL CONFERENCE ROOMS 2 A/B MEETING NOTES The Public Works Committee of the City Council consisting of Councilmembers Cyndee Fields and Paul Bakken convened the meeting at 5:00 p.m. Also in attendance were City Administrator Tom Hedges, Director of Community Development Jon Hohenstein, City Planner Mike Ridley, and City Attorney Mike Dougherty. The Committee members called the meeting to order and adopted the agenda as presented. CIVIL ENFORCEMENT OF CERTAIN ZONING CODE CASES Community Development Director Hohenstein provided an overview of the typical code enforcement process and its focus on achieving compliance with the City Code rather than being punitive. He described the circumstances under which a case could proceed to the citation phase. He noted that there are a small number of cases in which non-compliant situations persist despite ordinary compliance efforts or criminal citations. He indicated that the City Attorney's office had provided information regarding the option of the City undertaking civil enforcement actions in those circumstances. City Attorney Dougherty indicated that state law permits cities to pursue either injunctions to stop illegal activities from occurring or abatement actions to require an owner to correct a nuisance situation. City Planner Ridley indicated that the situations in which ordinary enforcement efforts are not effective are rare, but when they occur, it may be worthwhile for the City to consider the alternatives. Councilmembers Bakken and Fields discussed the alternatives and concluded that it is worthwhile for the City to have the necessary tools in its toolbox to respond to both ordinary and more persistent situations. Noting that civil actions involve the City entering into a lawsuit, rather than a typical criminal action through citation, the Councilmembers indicated that the tools should be considered on a case by case basis and that it would be worthwhile for the Committee to act to review the situations for specific recommendations to the City Council when they arise. The Committee recommended to the full City Council that it: o Authorize the consideration of civil enforcement as an option for certain ongoing or recurring zoning code enforcement cases on a case by case basis, and o Designate the Public Works Committee to review cases as they may arise from time to time to make a recommendation to the City Council for the consideration of a civil action, if appropriate. Adjournment The meeting adjourned at 5:45 p.m. Agenda Information Memo August 16, 2011 K. PROJECT 1108 CEDAR GROVE REDEVELOPMENT AREA - UTILITY RELOCATION CUSTOMER SURCHARGE AGREEMENT ACTION TO BE CONSIDERED: Authorize preparation and execution of a Customer Surcharge Agreement for Project 1108 (Cedar Grove Redevelopment Area — Street Improvement) with Xcel Energy. FACTS: • Project 1108 provides for the installation of streetscaping and landscaping along the extension of Cedar Grove Boulevard within the Cedar Grove (Cedarvale) Redevelopment Area. Part of the streetscaping plan includes the burying of all overhead utility lines within the redevelopment area. • Xcel Energy serves a portion of the Cedar Grove Redevelopment Area and has been requested to bury or relocate their overhead facilities. • A Minnesota Public Utilities Commission policy allows utility companies like Xcel Energy to include a surcharge to its community based customer billings (at the request of the city) to recover the cost of burying electric distribution facilities, referred to as a "City Requested Facilities Surcharge" (CRFS). • CRFS will allow the costs of burying of the Xcel Energy facilities to be recovered through the monthly energy bills of Xcel customers within the City of Eagan instead of through the major Street fund. • The City previously approved this payment alternative as a part of Project 866, the previous road improvement project in the Cedar Grove Redevelopment area. • Xcel has prepared a surcharge payment schedule for the City's review. An agreement between the City of Eagan and Xcel Energy is being prepared addressing the CRFS payment method for the burying of the overhead Xcel electrical lines in the Cedar Grove Redevelopment area (Cedar Grove Boulevard). Under the terms of the agreement, the Xcel Energy residential customers within the City of Eagan would have approximately $0.25 added to their monthly bill for 32 months to recover the actual construction costs (est.$44,771). The surcharge addition to the bills would begin 90 days after the work is completed, and be preceded by a notification letter in their electric bill. • The City's authorization to proceed with this payment method must precede Xcel undertaking their work on the project. Given that Project 1108 is underway and utility work is expected to occur in the near future, staff is requesting the authorization noted above to meet that requirement in advance of the final agreement being in hand. Staff will review the agreement to put it in order for execution. ATTACHMENTS: • Surcharge Payment Schedule, page T . 45" Northern States Power Company, a Minnesota Corporation City Requested Special Facilities Surcharge (CRFS) City of Eagan Allowable Class Surcharge Levels per Month Under CRSF Tariff Residential: $0.25 up to $5.00 Low Income Residential: $0.25 up to $1.00 Small C&I Non-Dmd: $0.25 up to $5.00 Small C&I - Demand: 3 Times Residential Amount Large C&I - Demand: 4 Times Residential Amount (1) Adjustment possible in final months of recovery period for more precise cost recovery. (2) Monthly carrying charge of 1.0132% applies to outstanding balance, equal to compounded rate based on 8.83% overall rate of return from the last general rate case (2008) and 4.03% tax factor. EaganCRFS2011_45Kv (3) Eagan45K SVH 8/11/2011 4:39 PM Excess Expenditures = $44,771 Customer Class Customers Surcharge(I) Months Recovery Residential 4,060 $0.25 32 $32,401 Res Low Income 80 $0.25 32 $638 SmaII C&I ND 445 $0.25 32 $3,551 Small C&I 426 $0.75 32 $10,199 Large C&I 88 $1.00 32 $2,809 Street Lighting 13 $0.25 32 $104 Sm Mun Pump ND 3 $0.25 32 $24 SmaII Mun Pump 6 $0.75 32 $144 Large Mun Pump 0 $1.00 32 $0 Total 5,121 $49,870 Total Carrying Charges included in recovery amount(2) $5,099 Allowable Class Surcharge Levels per Month Under CRSF Tariff Residential: $0.25 up to $5.00 Low Income Residential: $0.25 up to $1.00 Small C&I Non-Dmd: $0.25 up to $5.00 Small C&I - Demand: 3 Times Residential Amount Large C&I - Demand: 4 Times Residential Amount (1) Adjustment possible in final months of recovery period for more precise cost recovery. (2) Monthly carrying charge of 1.0132% applies to outstanding balance, equal to compounded rate based on 8.83% overall rate of return from the last general rate case (2008) and 4.03% tax factor. EaganCRFS2011_45Kv (3) Eagan45K SVH 8/11/2011 4:39 PM Agenda Information Memo August 16, 2011 Eagan City Council Meeting L. Approve project change order in the amount of $2,000 with Quality Business Solutions for Payment Card Industry (PCI) compliance consulting services. ACTION TO BE CONSIDERED: • To approve a change order in the amount of $2,000 with Quality Business Solutions for Payment Card Industry (PCI) compliance consulting services. FACTS: • In June, the City Council approved an agreement with Quality Business Solutions (QBS) to assist the City in achieving compliance with the credit card companies' (VISA, MasterCard, etc.) security standards for handling cardholder data. The common term for this is PCI compliance. • Recapping, if a merchant is not PCI compliant, the credit card companies can assess non- compliance fees or, in the worst case, cut off a merchant so that it cannot accept credit card payment. More importantly, if the City is not PCI -compliant, theoretically there is a greater risk that customers' credit card data could be compromised. • The original amount of the contract between QBS and the City was $12,900; however, QBS has now determined it underestimated both the number and complexity of the different cardholder environments within City operations. • QBS indicated it will cost an additional $4,000 in their staff time to complete the work and requested a change order in that amount. After staff met with QBS representatives to discuss the situation, QBS is agreeable to completing the work for $2,000. ATTACHMENTS: • The change order is on pages "Te' through -SO . '-1-7 Quality Business Solutions 12701 Whitewater Drive, Suite 180, Minnetonka, MN 55343 Project Change Order Project Name: City of Eagan Change Order Number: 01 952-564-3088 Description and Justification of change The PCI Compliance project will require more time to complete than originally estimated. The additional time needed is due to: • the number of cardholder environments, all of which take time to synthesize the information and identify the "model' and gaps; • the complexity of cardholder environments identified, some of which were much more complex than any we have seen to date, especially the paper card holder environments. Submitted By Martin Beukhof Date 8-8-2011 Business sponsor approval Date Impact of Change This change impacts: (check all that apply) Project Scope Project Plan (timeline, tasks) Functional Specifications Design / Technology Test plan / test cases Contract (Statement of Work) Training plan Other (Describe) X X Project Estimate Resources / staffing model Technical requirements Internal Code / functionality Vendor code / deliverables Vendor agreements Deployment plan Support plan X CI 8/8/2011 1 of 6 Quality Business Solutions 12701 Whitewater Drive, Suite 180, Minnetonka,11,'IN 55343 952^564-3088 Comments The project team from QBS and the city of Eagan met on 8-8-2011 to discuss the change in cost to the project and the overall steps to completion. As a result of the discussion the following items were agreed to: 1. The PCI Assessment and Strategy is expected to require 32 additional hours to complete (at a cost of $4,000) due to the complexity of the card holder environments and for adding some new environments. 2. QBS will absorb half of the increase and the City of Eagan the other half. Each will cover $2,000 of the increase. 3. QBS will complete the creation of the Policy and Standards for the original $1,500 as the PCI Assessment Strategy is being completed. 4. The city of Eagan will notify QBS once they have completed all of the steps for moving down from a SAC D to a SAC C. 5. QBS will then complete the SAC C form at a cost of $1,000 to the city of Eagan. The revised documents are attached for signature. 8/8/2011 4? 2 of 6 Quality Business Solutions 12701 Whitewater Drive, Suite 180, Minnetonka, MN 55343 952-564-3088 Impact of Change to Work Effort Note the changes in effort (hours) for each IT role: Role= Description of change Hours.+/ A»ount(+!);" Architect -Technical Business Analyst DBA -Development Developer -Application Developer -Integration Operations -Infrastructure Architect -Operations Testing -Quality Assurance Operations-Network/Telecom Operations Compliance Consultant Security Complete additional Analysis 32 hours $4000 Operations -Server Business Analyst Support Developer -Web Q S Adjustment: Subtotal ,2a Revised Cost Estimate: Descwiotion iescription ;of "change `. Hours( . Amount�� Original SOW for PCI Strategy Project Change Order Policy and Standards SAC C $10,400 Complete additional Analysis $2,000 $1,500 $1,000 New Total Cost Approval to make the change and alter the original baseline of the project This change is: Approved Declined ❑ QBS Signature Date 8/8/2011 City of Eagan Signature Date 5-D 3 of 6 Agenda Information Memo August 16, 2011 Eagan City Council Meeting M. LOT 21, BLOCK 3 OAKBROOKE 5TH ADDITION DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easement on Lot 21, Block 3, Oakbrooke 5th Addition, and schedule a public hearing to be held on September 20, 2011. FACTS: • On June 23, 2011, City staff received a petition from Lars Byrlev, 1565 Johnny Cake Alcove (Lot 21, Block 3 Oakebrooke 5th Addition) and developer of the proposed Oakbrooke 8th Addition, requesting the vacation of a portion of public drainage & utility easement within that property. • The easement is a 10 -feet wide lot line drainage and utility easement dedicated with the Oakbrooke 5th Addition 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 of 5 feet of the 10 feet of easement width to accommodate the building of a proposed house with the proposed Oakbrooke 8th Addition. • The preliminary subdivision for the Oakbrooke 8th development was approved by the City Council on February 15, 2011. Council consideration of the Oakbrooke 8th final subdivision is also scheduled for the September 20, 2011 meeting. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page (—� • Location Map, page Proposed Easement Vacation Location Over Part of Lot 21, Block 3, Oakbrooke 5th Addition That part of the west 5.00 feet of the most easterly 10.00 feet of the drainage and utility easement as dedicated in lot 21, Block 3, OAKBROOKE 5TH ADDITION, Dakota County Minnesota, which lies northerly of the southerly 5.000 feet thereof and which lies southerly of a line which is located 15.00 feet southerly of and parallel with the center line of the Williams Pipeline Company easement per Doc. No'.s 629644 and 1317835 as shown on said OAKBROOKE 5TH ADDITION aOv Oo Q ee' / / / / / / Johnny cak eAl/COfe \5 Proposed drainage and utility easement to be vacated ert ase oce' e 15 Lot 21 Block 3 me^� a^d aCdihl f OPK1I D,ym ,Qe o^ the DD\Z1 o gRpOKE 5tH P � i 6/22/2011 q> City of Capp Engineering Department c3 Proposed Easement Vacation Lot 21, Block 3,Oakbrooke 5th Addition Fig. 2 MENDOTA HEIGHTS J DOODLE RD.' /MM • _ VACATION 'MIMEIPROPOSEDEASEMENT TION LU FA ig o dm • DUCKWOOD DRkik tin . J 1AIO Z _le i 0 1 DIFFLEY- RD.-, T1 t City of Eap CITY OF EAGAN Proposed Easemant Vacation Location Map Oakbrooke 5th Addition S3 Fig. 1 6/28/2011 Agenda Information Memo August 16, 2011 Eagan City Council Meeting N. CHANGE TO SCOPE OF SERVICES – BLACKHAWK & THOMAS LAKE MANAGEMENT PLANS ACTION TO BE CONSIDERED: Approve Change in Scope of Services with Wenck Associates, Inc. for the preparation of Lake Management Plans for Blackhawk Lake and Thomas Lake. FACTS: • Since 1990, the City of Eagan has engaged in intense and sustained management of its lakes and their watersheds in a comprehensive effort to improve water quality by reducing in -lake phosphorus concentrations. These efforts have included studies of Eagan's highest priority lakes—Fish and Schwanz—that were sponsored in the mid-1990s by the Minnesota Pollution Control Agency (MPCA) Clean Water Partnership (CWP) Program. • On August 2, 2010 the City Council authorized submittal of an application to the MPCA for a CWP grant to complete state-of-the-art water quality management plans for Blackhawk and Thomas, the next highest priority lakes according to the 2007 Eagan Water Quality & Wetland Management Plan. The ultimate objectives of this project are to identify and implement priority system improvement projects and activities to benefit the lakes. The plans follow recent efforts completed for Fish and Schwanz that were also sponsored by a MPCA grant. • On August 17, 2010, the City Council approved a Consulting Engineering Contract with Wenck Associates, Inc. of Maple Plain, MN to conduct most of the project's work. • On October 8, 2010, MPCA awarded the City a $55,276 CWP grant to complete the two plans between January 21, 2011 and June 30, 2013. Wenck will likely complete the work by the end of 2011. The City's cash cost share of $37,310 is in the 2011 budget of the Water Quality (Lakes & Wetlands) program. It also has an in-kind staff services cost share of $16,900. The project budget also includes $2,400 from the Gun Club Lake Watershed Management Organization (WMO). • Wenck recently informed the City that its historical watershed models do not reflect the most up- to-date, detailed Geographic Information System digital data that is now available. Wenck proposes to update the files to reflect the most current subwatershed delineations, land use, and soils. This will be beneficial to ensure pollutant loading to Blackhawk and Thomas lakes is accurately estimated. Once updated, the information will be available to the City for future projects. Wenck proposes a total cost of $1,894.00 for this work. • Eagan's Water Resources Coordinator, the City's manager for this CWP project, fully supports this proposal. The MPCA indicated there are no additional CWP funds for this change in scope. It would consider this only a minor change to the state contract that can be easily handled. The City's 2011 Lakes & Wetlands program budget would fund this work. S� Agenda Information Memo August 16, 2011 Eagan City Council Meeting O. CONTRACT 11-05, HIGH PRESSURE ZONE WATERMAIN IMPROVEMENTS ACTION TO BE CONSIDERED: Reject the Bids and Cancel Contract 11-05 for the High Pressure Zone Watermain Improvements. FACTS: • The City of Eagan's water distribution system incorporates 4 different pressure zones due to the change in elevation from the lowest point along the Minnesota River to the highest elevations in the southern portion of the city. These different pressure zones help to insure that all properties have adequate water pressure for all their basic needs. • However, there are approximately 90 homes located in the Fairway Hills and Park Cliff High Pressure Zone that still require in-home booster pumps due to their higher elevations. The Minnesota Department of Health has recommended that the City create an additional pressure zone to eliminate these in-home booster pumps. • Contract 11-05 would install a booster station with related system piping and controls to create an "Ultra" High Pressure Zone for the water distribution system located primarily east of Pilot Knob Rd and south of Cliff Rd. • On July 5, the Council approved the plans and authorized the advertisement for competitive bids. On July 29, 2011 formal bids were received. Only 2 of 7 plan holders submitted bids with the lowest bid ($542,855) exceeding the Engineers estimate ($394,000) by 38% ($148,855). After reviewing the bids and talking to all plan holders, it appears that this is a very busy time of year for this type of construction work, and the bids were not very competitive. • Since this work is not critical to maintaining adequate pressure in the short term, staff is recommending that the bids be rejected, the contract cancelled and rescheduled for formal solicitation later this year or early next year when more contractors may be looking to line up work for 2012. ATTACHMENTS: • Bid Tab, pages qp and I4.4 3 it Contract No.: DENOTES CORRECTED FIGURE 0 0 0 o co 0 0 0 m m c 0 N t 2 = o c(.7 1'(o 0 = a.... Z w- • N<O 0� N wa._niZ of. e IA E to m c Z o um O o m P- ._ Gridor Construction, Inc. Unit Price Total Price SCHEDULE A - SITE WORK 0 o c0 N T to 0 0 O CO CO 0 0 O CO n N (19 0 0 N (37) 0 0 O n V' .- U9 $1,955.00 $11,385.00 0 0 O O M N v9 $1,840.00 0 0 O 0) CO 69 0 0 O n u) $1,120.00 0 0 N 0)0 0 EA $36,495.00 SCHEDULE B - WATERMAIN IMPROVEMENTS 0 0 O n $88,285.001 0 0 (f) H 0 0 (M M N E9 $31,080.001 $1,725.00 0 0 O 0 4 (A (9 $139,538.001 SCHEDULE C - BOOSTER STATION IMPROVEMENTS 0 0 co Net T V> 0 0 O n 69 (0 V' M 6969 0 V' (O $14.75 O 0 M 69 $103.50 0 0 O/ M N U9 0 (O $283.001 0 h (0 0 N .- U9 0 0 o n N CA O N (A $88,285.00 0 0 ONO 69 $4,233.001 0 0 c- E/9 0 0 W U09 (0 C+) N Magney Construction, Inc. Unit Price Total Price 1 00'000'0Z$ $1,200.00 0 0 . 0 0 Vi 0 0 0 co 69 0 0 0 (00 U9 0 0 0 et C7 69 0 0 0O et O 69 0 0 r E9 0 0 0 COO 69 0 0 0 Mn 69 0 0 0 M U969 $1,500.00 0 0 0 0 U9 $44,980.00 0 0 0 1.0 n 0 0 0 0 CO V V3 0 0 0 (0 V369 0 0 0 0 CO 0 0 0 0 N (9 0 0 (0 (NO 0 0 . 0 0 CO 09 $106,875.00 0 0 . O O 0 N U9 0 0 O C0 M 69 0 0 lei U9 0 0 (0 Vi 0 0 (O 69 0 0 O V 69 0 0 criO 0) (A 69 0 O UD n N 0 O N 99 0 O O _M 69 0 (0 M U9 0 O (0 E9 0 O 0 0 O N (9 0 0 (0 E9 0 0 O 0 0 05 0 0 O O M 69 0 0 O 0 O (9 0 0 O (C) 69 0 0 (0 N U9 0 0 Na EA Engineers Estimate Unit Price Total Price 0.0.0....... 0.00. . O O N (0 Vi O O CO 69 0 0 O O CO N 69CO O 0 O N _ U9 0O O 0 0 M e- $1,275.00 0 O 0) 0) N. 69 O 0 O O CO (9 o O 0 0 O vi O 0 0 0 O) (A O 0 0 0 v COU9 O 0 0 0 n CO69 O 0 O M O .- H $24,745.00 0 0 0 0 (() O 0 0 0 O (e- et U9 0 0 O O O ( 69 O O 0 0 (0 M U9 0 0 o O ao CO e - 69 O O (0 N CO 0 0 . 0 0 0 69 $84,425.001 O 0 O N 69 $325.00 O (0 M (A O 0 4 (9 O 0 M to O 0 U7 to $72.00 O 0 O 0 c0 O (0 N (9 $150.00 O O 4 O O n 69 $2,575.00 O 0 O _ to O 0 0 0 O ..7 VI O 0 0 0 O 69 O 0 0 0 (0 U9 O 0 0 (O (9 O 0 (0 N to (0 1'- Na (49 Z. (0 03 3 0 .- et 0 0 0 M 0 O (0 CO O .- 0 O0 CO 0 0 0 0 et 0 Total SCHEDULE A - SITE WORK: O (0 e- O e- O CO O N O 00 V Total SCHEDULE B - WATERMAIN IMPROVEMENTS: :' 0 LUMP SUM TREE SQ YD j LIN FT CU YD TON TON LUMP SUM LIN FT 1 0Q u� LIN FT SQ YD ACRE LIN FT LUMP SUM 0Q W EACH LIN FT SQ YD POUND Project: 01809-01 - EAGAN - Ultra High Zone Project Item MOBILIZATION CLEARING & GRUBBING REMOVE BITUMINOUS PAVEMENT SAWING BITUMINOUS PAVEMENT (FULL DEPTH) SUBGRADE EXCAVATION AGGREGATE BASE CLASS 5 TYPE SP 12.5 WEARING COURSE MIXTURE (2,B) 2.0" THICK TRAFFIC CONTROL SILT FENCE, TYPE MACHINE SLICED INLET PROTECTION BIOROLL SODDING, TYPE LAWN (INCL. TOPSOIL & FERT.) HYDROSEEDING, MIX 270 (INCL. TOPSOIL, FERT., AND SOIL STABILIZER) REMOVE WATER MAIN PRESSURE REDUCING VALVE STATION CONNECT TO EXISTING WATER MAIN 16" BUTTERFLY VALVE AND BOX 16" WATER MAIN -DUCT IRON CL 52 4" POLYSTYRENE INSULATION DUCTILE IRON FITTINGS O (0 (V O N n O (0 0 N 0 O (0 0 N M co 0 0 N n O (0 (0 0 N O (0 x- N N M O U) O CO M N O CO M O (0 N N O (0 M n 10 N (V O CO M 10 (0 N V) O CO M 1-- (0 N () O LLD (0 (0 N U) O CO (0 n (0 N O (0 0 0 N O CO 0 0 (0 N N O CO 0 0 (0 N N O CO 0 0 (0 N M O CO 0 0 (0 N V' O CO 0 0 (0 N co O CO 0 0 CO N 0 Z E 10 N M V O O r- co 0) O e'- � CO x- CO N. CO 0) 0 N SCp Gridor Construction, Inc. Total Price $403,184.00 O c M O a to O U) a c0 M to $139,538.00 $403,184.00 $579,217.001 O r C d .c 0 0 0 (h O ea 1Magney Construction, Inc. Total Price O O O O O M b9 O O O O O M to O 0 O 00 eo Vi $106,875.001 0 0 O O O z, -; v) $542,855.001 37.78% .0 d c D 1$391,000.001 Engineers Estimate Total Price $284,830.00 $284,830.001 $24,745.001 $84,425.001 0 0 O M CO V co N EH 0 0 O 0 O V co co co 8 .0 a c D 1$284,830.00 c m 0 Total SCHEDULE C - BOOSTER STATION IMPROVEMENTS:1 Total SCHEDULE A - SITE WORK: Total SCHEDULE B - WATERMAIN IMPROVEMENTS: Total SCHEDULE C - BOOSTER STATION IMPROVEMENTS: 1 Totals for Project 01809-01 1% of Estimate for Project 01809-01 Units UMP SUM 1Project: 01809-01 - EAGAN - Ultra High Zone Project E 12504.602 [BOOSTER STATION 0 Z E m — N I hereby certify that this is an exact reproduction of bids received. License No. 42823 0 d 0 m U Date: July 29, 2011 57 Agenda Information Memo August 16, 2011, Eagan City Council Meeting P. PET FOOD OUTLET EXPANSION —1254 TOWN CENTRE DRIVE ACTION TO BE CONSIDERED: To approve a minor building expansion of approximately 900 SF for 1254 Town Centre Drive. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Eagan Heights Commercial Park PD was approved in 1982 and consisted of 100 acres located between Denmark Avenue and Lexington Avenue, south of Yankee Doodle Road. The PD designated land uses but no other specificity. > The approximately 12,000 SF multiple tenant in-line building at 1254 Town Center Drive was constructed in 1989. The subject site was approved and has developed with Community Shopping Center uses. ➢ Per the attached letter, the property owner indicates that Chuck & Don's Pet Food Outlet is in immediate need for additional space. Due to the success of all of the tenants in the building, relocating or expanding within the building is not an option. > Because the original PD approval did not specify a building size, staff is bringing this item to the City Council for approval rather than requiring a PD Amendment. ➢ The proposed expansion does not increase impervious surface, building setbacks continue to be met and the functionality of the service area, including access, is maintained. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Not applicable ATTACHMENTS (2): Location Map, on page_ 1 Letter from MFC and expansion plan on pages IPO and (q Location Map Map Area Extent Subject Site DUCKWOO DRIVE RESTRIDGE LANE Chuck and Don's Pet Food Outlet Town Centre Shoppes 1245 Town Centre Drive 411,1/` City of Capp 0 500 1,000 Legend 41-1 1116.1 City Boundary Parcels Parks Buildings eet 2,0Q August 11, 2011 MFC PHONE (651) 452-3303 FAX: (651) 452-3362 www.rnfcproperties.com PROPERTIES CORPORATION Mr. Michael J. Ridley, AICP City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Chuck and Don's Pet Food Outlet Expansion Town Centre Shoppes Eagan, MN Dear Mike: AUG 1 1 2nii As we discussed recently, our tenant Chuck and Don's Pet Food Outlet located at 1254 Town Centre Drive is doing extremely well and is in immediate need of expansion space. As there is only one small vacancy in the shopping center, relocation is not an option. Further the tenants on either side, Kyoto Sushi and Play It Again Sports are doing well and not interested in giving up space. Therefore, the only alternative we have to accommodate their growth is to add onto the back of the building. Our intention would be to add an approximately 36' wide by 25' deep addition to the back of the building as shown on the attached plan. We would construct the exterior with similar materials as used on the existing building and relocate and expand the exterior trash / recycle enclosure as shown on the attached plan. The expansion space would be used as sales floor as well as storage. As the need is immediate, our intention would be to commence construction as soon as we are able to obtain a building permit and have it completed in approximately sixty (60) days. Please review and if you or the City Council should have any questions or need some clarifications, please let me know. Sincerely, MFC PROPERTIES CORPORATION Bruce A. Miller, CCIM Vice President WORD FOLDERS\TENANT FOLDERS\PET FOOD OUTLET\mridleyltr (Expansion of PFO).doc 400 1 1 i I r ='! - - 4- , tl fi d .14 ot-- -- -: J O Agenda Information Memo August 16, 2011, Eagan City Council Q. EXTENSION OF FINAL PLAT APPROVAL (RUTH ADDITION) ACTION TO BE CONSIDERED: To approve a six month extension of the Final Plat consisting of one parcel upon approximately 6.7 acres located at 2101 Wuthering Heights Road, legally described as Part of Government Lots 5, 6 and 7, and Outlot 1, Silver Bell Addition. FACTS: ➢ The City Council originally approved the Final Plat on February 1, 2011. D The surveyor has identified a boundary issue which has delayed recoding of the plat. The applicant and surveyor are working with the Dakota County Surveyor and Registrar of Titles to resolve the issue. ➢ On April 5, 2011, the Final Plat approval was extended to August 1, 2011. ➢ The boundary issue has not yet been resolved. Consequently, the applicant has requested another six month extension of the Final Plat approval. D Approval of the extension would set a new recording deadline of February 1, 2012. ATTACHMENTS (2):// Location Map, page (p 5 Letter from Applicant, SB Landco LLC, page Location Map ankee Doodl .Rd Fort Snelling State Park Cliff Rd SILVER BELL R SILVER SELL ROAD Woodhaven Park Ru -4-V\ City of Cap ■■ 'IIS wpm" �.■�R� ARNFL AN LANE 0 500 t 000 Legend J•u• 116 mi City Boundary Parcels Parks Buildings 7 1 Feet 2,000 Lr\i SB LANDCO, LLC 6310 McIntyre Pointe Edina Minnesota 5549 August 10, 2011 City of Eagan Planning and Zoning 3830 Pilot Knob Road Eagan MN 55122 Re: Ruth Addition final plat On March 15, 2011, SB Landco filed for a six month extension of time to file the final plat for Ruth Addition. SB Landco is requesting an additional six months. The Dakota County Examiner of Titles is extremely busy and this matter is taking longer than we anticipated. Apparently there was an error in the original platting/legal descriptions and a hearing is required. Very Truly Yours, Sole Manager RECEIVED AUG 1 C 2011 eoy Agenda Information Memo August 16, 2011, Eagan City Council Meeting R. APPROVE MASSAGE THERAPY ESTABLISHMENT LICENSE FOR TERI DALE, AMBITION TRAINING ACADEMY, LLC, 2020 SILVER BELL ROAD ACTION TO BE CONSIDERED: To approve a Massage Therapy Establishment License for Teri Dale, Ambition Training Academy, LLC, 2020 Silver Bell Road Suite 26. FACTS: ➢ Teri Dale has applied for a Massage Therapy Establishment License for Ambition Training Academy, LLC, an existing business. ➢ The proposed massage therapy establishment will be located at 2020 Silver Bell Road Suite 26. ➢ The Eagan Police Department conducted a background investigation found no cause to deny the application. ➢ All requirements of the application have been met and the fee has been paid. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) Agenda Information Memo August 16, 2011 Eagan City Council Meeting PUBLIC HEARINGS A. LOT 1, BLOCK 1 GOPHER EAGAN INDUSTRIAL PARK 3RD/ 6TH ADDITIONS DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public drainage & utility easements on Lot 1, Block 1 Gopher Eagan Industrial 3rd Addition and Lot 1, Block 1 Gopher Eagan Industrial Park 6`h Addition, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On May 18, 2011, City staff received a petition from John Tapper, representing Gopher Resource Corporation, requesting the vacation of all public drainage & utility easements within Lot 1, Block 1 Gopher Eagan Industrial 3`d Addition and Lot 1, Block 1 Gopher Eagan Industrial Park 6th Addition. • Public easements were dedicated with the original platting of these lots to provide for public drainage and utilities. • The purpose of the request is to allow the recording of a re -plat of the properties. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • On June 7, the City Council scheduled a public hearing to consider the requested vacation to be held on July 5. • The required notices were published in the legal newspaper for the originally scheduled July 5 public hearing. • The re -plat of these properties (Gopher Eagan Industrial 8th Addition), was approved by the City Council on July 5, but the public hearing action for the vacation of easements was inadvertently omitted from the Council action in conjunction with the re -plat. Subsequently, a new public hearing must be rescheduled and properly advertised again to provide an opportunity for potential public comment. • On August 1, the City Council re -scheduled a public hearing to consider the requested vacation to be held on August 16. • Notices were sent to all potentially affected and/or interested parties for comment prior to the originally scheduled public hearing. Notices for the public hearing were published in the legal newspaper for both the original and re -scheduled public hearings. No objections to the proposed vacation have been received. ATTACHMENTS: • Legal Description/ Gfaphic, page 107 • Location Map, page Logon ro Proposeds Legal Description of Drainage and Utility Easements to be Vacated : All of the drainage and utility easements as dedicated in Lot 1, Block 2, GOPHER EAGAN INDUSTRIAL PARK 2nd ADDITION, as Dedicated in Lot 1, Block 1, GOPHER EAGAN INDUSTRIAL PARK 3rd ADDITION and as dedicated in Lot 1, Block 1, GOPHER EAGAN INDUSTRIAL PARK 6th ADDITION. DENOTES EASMENTS TO BE VACATED cSD YANKEE DOODLE RD. (CO.RD.) Y Y� 8 — - !Covey Road ft . — -- -- - -Ei-- —_ 5/28/2011 City of Doll Engineering Department Proposed Drainage and Utility Easement Vacations Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Add. & Lot 1, Block 1, Gopher Eagan Industrial Park 6th Add. Fig. 2 G\Ease6ent Vocat ons\ Gra pnics\GOPHER RESOURCES 3 E 6 LOC.dwrg MENDO A 0 0 CC m 0 z H 0 J_ d V 0 HTS NZ, 0 Hp 494 4- // LONE OAK c. JI O T, Proposed Vacation w Location Q LEXINGTON V YANKEE DOODLE RD. s DUCKWOOD DRi CA)WESCQTT ROAD k 11 DIFFLEY ROAD tpe imPor-7 sr"; e fff s 5/28/2011 City of Capp Engineering Department Proposed Drainage and Utility Easement Vacations Lot 1, Block 1, Gopher Eagan Industrial Park 3rd & 6th Add. Location Map Fig. 1 Agenda Information Memo August 16, 2011 Eagan City Council Meeting VI. OLD BUSINESS A. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: Approve an Ordinance Amendment to City Code Chapter 6 by adding Sect. 6.55, regarding Rental Property Registration requirements and direct the City Attorney to publish the ordinance amendment summary. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The general purpose of a registration program is to provide the City basic information for rental property owners so City staff has contact information if code enforcement or public safety issues arise with properties that are not occupied by the owner of record. ➢ An organized registration program will assist in identifying and quantifying rental units within the City thereby making it significantly easier for City staff to contact a responsible party (property owner or manager) in order to share information and/or correct property issues that may arise. ➢ Additionally, due to the economy and its impact on the housing industry, there are likely more single family homes being rented by owners have a little or no experience being a landlord. Having proper contact information will make reaching out and potentially providing assistance much easier. ➢ The City Council directed staff to prepare an amendment at their June 14, 2011 work session. ➢ As an amendment to Chapter 6, the Advisory Planning Commission does not hold a public hearing. ISSUES: None. ATTACHMENTS (1): Planning Report and Draft Ordinance Amendment, pages I throughl5 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 14, 2011 CASE: 01 -OR -10-06-11 APPLICANT: City of Eagan HEARING DATE: August 16, 2011 PROPERTY OWNER: N/A 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 6, Section 6.55, by adding Subd. 1., Rental Property Registration. AUTHORITY FOR REVIEW The provisions of this chapter may be amended by the majority vote of the council. BACKGROUND/HISTORY The topic of Rental Property Registration was discussed with the City Council Public Works Subcommittee in March of this year. The subcommittee determined there was a value to public safety and zoning enforcement to have such a program in place. The full City Council discussed the program at their Workshop meeting on June 14 and directed staff to begin the ordinance amendment process to incorporate a registration program. EVALUATION OF REQUEST The general purpose of a registration program is to provide the City basic information for rental property owners so City staff has contact information if code enforcement or public safety issues arise with properties that are not occupied by the owner of record. An organized registration program will assist in identifying and quantifying rental units within the City thereby making it significantly easier for City staff to contact a responsible party -7D Planning Report — Ordinance Amendment August 16, 2011 Page 2 (property owner or manager) in order to share information and/or correct property issues that may arise. Additionally, due to the economy and its impact on the housing industry, there are likely more single family homes being rented by owners with little or no experience in being a landlord. Having proper contact information will make reaching out and potentially providing assistance much easier. SUMMARY/CONCLUSION This amendment will make rental property registration a requirement but there will be no fee associated with the registration. The express purpose is to provide accurate ownership and contact information for rental properties throughout the City. ACTION TO BE CONSIDERED To approve an Ordinance Amendment to Chapter 6, Section 6.55, by adding Subd. 1, Rental Property Registration. 1 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.55 REGARDING REGISTRATION OF RENTAL PROPERTY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by adding Section 6.55, to read as follows: Sec. 6.55. Rental Property Registration. Subd. 1. Purpose. It is the purpose of this Section to protect the public health, safety and welfare of the community at large and the residents of residential rental properties in the City of Eagan. It is the purpose of this Section to ensure that rental housing in the City is decent, safe, and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvest in the community. The operation of residential rental properties is a business enterprise that entails certain responsibilities. Owners and operators are responsible to take such reasonable steps as are necessary to ensure that the citizens of the City who occupy such rental properties may pursue the quiet enjoyment of the normal activities of life in their surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; and free from condition that endangers the health or safety of persons and security of property. Subd. 2. Definitions.For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Apartment building shall mean as the term "apartment" is defined in Chapter 11 of this Code. Applicant means the natural person completing the registration form prescribed herein. Dwelling unit shall mean as the term is defined in Chapter 11 of this Code. Multiple residential building means a building with more than one dwelling unit which is joined to another dwelling unit at one or more sides by a party wall or walls, including: apartments, townhomes, twinhomes, duplexes or quadhomes. Rental manager means any natural person who has been delegated by the residential rental property owner for the day-to-day charge, care or control of a residential rental property and is able to respond in-person to issues related to the residential rental property. Residential rental property means any building or one or more portions thereof occupied or intended to be occupied for residential purposes by a residential tenant. Residential rental property owner means any person or entity owning residential rental property within the City. Residential tenant means a person who does not own, but occupies a dwelling unit for residential purposes for payment of a fee or other compensation to the owner under a lease or contract, written or verbal. Subd. 3. Applicability; scope. This Section applies to any building and any welling unit therein which is a residential rental property as defined herein, including garages, storage buildings and appurtenances. This Section does not apply, to Minnesota Department of Health licensed rest homes, convalescent care facilities, licensed group homes, nursing homes, hotels, motels, owner -occupied units, or owner -occupied condominium units. Subd. 4. Rental manager required. A. Each residential rental property offer shall appoint a rental manager upon whom the City may lawfully serve notices Pertaihing to the administration of this or any other Section of the City Code or state or federal law, service of which shall be as effective as if made upon such residential rental property owner. B. The residential rental property owner may serve as the rental manager, provided all requirements of a rental manager prescribed within this Section are met by the residential rental property owner. Subd. S. Registration. A All residential rental properties shall be registered with the City by either the residential rental property owner or rental manager. Registration of each residential rental property shall be made on a separate form provided by the City and shall include the following information: Name, address and telephone number of the residential rental property owner and rental manager(s); 2. Name, address and telephone number of the natural person completing the registration form; 3. Address of the residential rental property. In the case of an apartment building, the applicant shall provide the address and name for the building, as well as the number of dwelling units contained therein; 4. A statement of whether the residential rental property owner or rental manager conducts a criminal background check on each and every residential tenant; 5. A statement of whether a written lease exists for the residential rental property and each unit dwelling thereon; and 6. A statement of whether a written lease addendum, commonly known as a "Drug Free/Crime Free Lease Addendum," exists for each and every written lease. B. Upon completion of the registration form, the City shall issue to the registrant a Certificate of Registration as proof of the registration. Certificates of Registration shall be non -transferable and state the following, thedate of issuance; address of the residential rental property and name, if an apartment building, of the residential rental property owner; the name(s) of the rental manager(s); and the number of dwelling units located within the residential rental property. Within thirty (30) days of the transfer of ownership or change in rental manager or change in the number of rental units or change in dwelling occupancy from owner occupancy to rental tenant occupancy, the residential rental property owner shall complete and submit a registration form for each and every residential rental property affected bythe change. C. A residential rental property owner owning residential rental property at the time of the adoption of this Section shall have 180 days from the effective date of this Section to comply with the registration provisions contained in this Section. Subd, 6. Registration fees. The fee for registration shall be set forth as determined by City Council resolution. The registration fee shall be paid at the time the registration form is submitted to the City. Subd. 7. Violation. A. It is unlawful for any person to provide false information on the prescribed registration form. B. It is unlawful for any person or entity to operate or cause to be operated any property as a residential rental property without first registering with the City as set forth herein. -1y- C. It is unlawful to fail to submit a new registration form as required in Subdivision 5(B) herein. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by referenceas 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 By: Mike Maguire Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Agenda Information Memo August 16, 2011 Eagan City Council Meeting B. ORDINANCE AMENDMENT TO ESTABLISH A TIMELINE FOR THE COMPLETION OF EXTERIOR FINISHES. ACTION TO BE CONSIDERED: To approve an amendment of City Code Chapter 4 to establish a timeline for the completion of exterior materials under a building permit. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ For a number of years, the City Council has included expanded property maintenance efforts as one of its goals for the organization and the community. One aspect of this effort relates to encouraging property maintenance within neighborhoods. ➢ Private reinvestment in neighborhoods through additions and remodeling supports this goal and often homeowners undertake improvements on their own to create sweat equity. From time to time, such projects will go on over a period of months or years as the property owner's time permits and, provided some work is done at least once in the most recent six months, a permit can remain open. ➢ Occasionally, a property owner will choose to take an extended time to complete the exterior finishes or delay their completion. While an interior remodel generally affects only the property owner, delay of completion of an exterior can affect the appearance and value of the neighborhood. ➢ Building permits are valid indefinitely as long as the project has not been abandoned for a period of 180 days. ➢ Staff has become aware of a State law that permits cities to adopt local code requirements to require the completion of exterior work within a certain timeframe for building construction or additions. The statute states that the minimum amount of time that must be permitted is 180 days following the issuance of a permit. A number of cities have passed ordinances under this law to require all exterior work including siding, shingling, windows, etc. to be completed within 6,9 or 12 months of permit issuance. ➢ While it has not been a widespread problem, there are a number of properties in the City of Eagan that have open building permits by continuing to do some amount of building activity on a regular basis, but the property owners do not complete the exteriors for long periods of time. ➢ Staff believes that this ordinance requiring the completion of exterior work within a specific time frame will provide an additional tool for our Inspections and Code Enforcement personnel to maintain the integrity and value of properties and neighborhoods. > On June 7, 2011, the Eagan City Council Directed staff to prepare an Ordinance Amendment to establish a timeline for the completion of exterior materials under building permits. ATTACHMENTS: )=.Proposed Ordinance Amendment on pager)q through (-7 7 -17 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER FOUR, ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION" BY ADDING SECTION 4.07 REGULATING COMPLETION DEADLINES FOR EXTERIOR WORK; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by adding Section 4.07 to read as follows: Sec. 4.07 Completion of Exterior Work. A. Exterior work authorized by a building permit issued in accordance with the Minnesota State Building Code must be completed within the specified days set forth below from the date of issuance of the building permit or within the timeframe set by the city's Chief Building Official at the time the permit is issued, whichever is greater. Exterior work includes work on all exterior parts of a structure or building, including but not limited to: roofs, doors, windows, siding, and stairs, and work on exterior structures, including but not limited to: retaining wall, accessory building (sheds, detached garages), deck, and fence. Exterior work authorized by a building permit issued in accordance with the Minnesota State Building Code must be completed within the specified days from the date of issuance of the building permit as follows: 1. Buildings or structures on residential property including multi -family residential property with up to 4 units per building: • Roofs, Siding, Replacement doors & windows: 180 days • Accessory structures: 180 days • New construction: 365 days • Additions to primary home: 180 days • Retaining walls: 180 days 2 Buildings or structures on multi -family residential property with more than 4 units per building, commercial property and industrial property: • Building exterior work: As determined by Building Official • Exterior structures other than primary building: 180 days B. Upon a showing by the permit holder or property owner that there has been an unavoidable delay in completion of the exterior work, the city's Chief Building Official, in the Official's reasonable discretion, may grant one extension for the completion of the exterior work for a period not to exceed 180 days. 1 C. Failure to complete all exterior work authorized by a building permit within the specified timeframe, including any extension granted, is a violation of this section. D. Notwithstanding the completion deadlines, a permit shall expire 180 days from date of issuance if there is no substantial work completed under the permit as provided in the Minnesota State Building Code. If no work has been completed under a building permit as of its expiration date, then the completion deadline for said work under a new permit shall be as set forth above. E. This section shall apply to any exterior work for which a building permit was issued on or after the effective date of this section. Any exterior work for which a building permit was issued prior to the effective date of this section shall be completed by August 1, 2012, unless another time was set by the city's Chief Building Official at or after the time of the issuance of the permit. If exterior work has been completed or in progress without the issuance of a building permit, the completion timeframe dates set forth herein do not apply and the city's Chief Building Official shall have the sole authority to determine a completion and code compliance date. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' and Section 4.99, 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 By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 2 1 9