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07/16/2013 - City Council Regularr ll IV. 1yj VI. VII. VIII. IX. AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JULY 16, 2013 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE ADOPT AGENDA RECOGNITIONS AND PRESENTATIONS CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES I 1E B. PERSONNEL ITEMS — D. APPROVE Check Registers -D. APPROVE a service contract with Whitewater Wireless Incorporated to provide maintenance services for the City's Outdoor Warning Sirens E. APPROVE a contract with Tracker Products who will provide evidence tracking software for the Police Department 267 F. ADOPT Resolution supporting the Mendota — Lebanon Greenway G. Item removed "1 H. APPROVE a Special Assessment Policy Amendment — Street Signs yI I. APPROVE Plans and Specifications for City Contract 13 -06 (2013 City -Wide Parking Lot Improvements) and Authorize Ad for Bids August 15, 2013 l.�ab J. APPROVE Mobile311 Customer Agreement LB K. INITIATE Vacation of Public Easements — Cedar Grove Area (East End) and Schedule Public Hearing for August 20, 2013 05 L. INITIATE Vacation of Public Right -of -Way — Cedarvale Boulevard — Cedar Grove Area (East End) and Schedule Public Hearing for August 20, 2013 q9 M. APPROVE Well Agreement Amendment with Argosy LAP) N. APPROVE a Memo of Understanding with the Minnesota Off -Road Cyclists for the Lexington Diffley Bike Park �3 O. APPROVE AccessEagan non - exclusive Access and Use Agreement with Velocity Telephone Inc. !Sq P. APPROVE Off -Sale 3.2 Percent Malt Liquor (beer) License for Daisy Petroleum, Inc., Located at 4198 Pilot Knob Road PUBLIC HEARINGS 155 A. VACATE Public Ponding Easement — Lakeshore Townhomes (Easement No. 374875) 161R73WiL11 11 NEW BUSINESS LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER 5b B. ADOPT AGENDA 5 C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. RATIFY Findings of Fact to Approve the Real Estate Purchase Agreement between the Eagan EDA and Jensen and Jensen LLC for the Sale of EDA Property at 3830 Sibley Memorial Highway 3. RATIFY Findings of Fact to Approve the Real Estate Purchase Agreement between the Eagan EDA and Stonebridge Development and Acquisition LLC for the area defined by the Preliminary Concept Plan dated June 25, 2013 4. AUTHORIZE Staff and the City Attorney to Obtain /Grant the Necessary Easements for the Proposed Stonebridge Development B. OLD BUSINESS C. NEW BUSINESS D. OTHER BUSINESS E. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. ADJOURNMENT 4b� City of EaRan Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: JULY 12, 2013 SUBJECT: AGENDA INFORMATION FOR JULY 16, 2013 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 16, 2013 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 16, 2013 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 June 25, 2013, Special City Council meeting as presented or modified. • To approve the minutes of July 2, 2013, City Council meeting as presented or modified. ATTACHMENTS: • Minutes of June 25, 2013, Special City Council meeting are enclosed on pages 5 and • Minutes of July 2, 2013, City Council meeting are enclosed on pages through �', . MINUTES SPECIAL CITY COUNCIL RETREAT TUESDAY, JUNE 25, 2013 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Councilmembers present: Councilmembers Bakken, Fields, Hansen and Tilley. Mayor Maguire arrived at 5:36 p.m. City staff present: City Administrator Osberg, Communications Director Garrison, Director of Finance Pepper, Director of Parks and Recreation Johnson, Recreation Supervisor Andersen, Director of Community Development Hohenstein, City Engineer Gorder, Human Resources Manager Peterson, Police Chief McDonald, and Fire Chief Scott. I. ROLL CALL AND ADOPTION OF AGENDA Councilmember Bakken moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye:4 Nay:0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. REVIEW FEEDBACK ON PUBLIC ART RECOMMENDATIONS City Administrator Osberg introduced the item and provided a brief background. Director of Parks and Recreation Johnson noted the City received a Creative Intersections grant from the Metropolitan Regional Arts Council in 2012 that included $5,000 to fund the fabrication and installation of a "Big Impact" piece of artwork in the community. At the direction of the Council, a committee was made up of representatives from Eagan Parks & Recreation, Eagan Art House, and the Eagan Art Festival Board who reviewed the public comments and is making recommendations to the Council for purchase. The Council discussed the feedback and recommendations on the public art. Councilmember Tilley moved, Councilmember Fields seconded a motion approve the purchase and installation of "Metamorphosis" sculpture by Marvin Smith on the Eagan Art House Grounds in Patrick Eagan Park with grant funding from Metropolitan Regional Arts Council. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion approve the purchase and installation of "Sentience" sculpture by Marcia McEachron on the Eagan Art House Grounds in Patrick Eagan Park with funding from the Park Site Fund. Aye: 5 Nay: 0 Special City Council Minutes June 25, 2013 Page 2 IV. EAGAN ECONOMIC DEVELOPMENT AUTHORITY — CEDAR GROVE UPDATE At 5:50 p.m., the City Council held a closed session of the Eagan Economic Development Authority Board to discuss matters related to the sale of property in the Cedar Grove Redevelopment District. The closed session concluded at 6:25 p.m. V. OTHER BUSINESS There was no other business to be heard. VI. DISCUSS NEXT STEOPS ON THE DEVELOPMENT OF 2013 -2014 CITY GOALS City Administrator Osberg introduced the item and provided background on the progress to -date on the 2013 -2014 City goals. The City Council discussed the next steps in the goals preparation process and directed staff to further discuss the Vision Statement at a future Senior Management meeting. VII. ADJORN Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the retreat at 8:50 p.m. Aye:5 Nay:0 Date Mayor Deputy Clerk I MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota J U LY 2, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields and Hansen. Councilmember Tilley arrived at 6:25 p.m. A regular meeting of the Eagan City Council was held on Tuesday, July 2, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Tilley. Also present were City Administrator Osberg, Director of Community Development Hohenstein, Director of Public Works Matthys, City Planner Ridley, Director of Parks and Recreation Johnson, IT Manager Cook, Communications Coordinator Foote, Police Chief McDonald and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Police Chief McDonald recognized Police Officer Pat Hogan for his 20 years of service for the City of Eagan and presented him with a plaque. Director of Parks and Recreation Johnson along with Cascade Bay mascot Captain C. Breeze presented the City Council with a plaque recognizing Cascade Bay Water Park as WCCO's "Best of Minnesota - Water Park ". Eagan Funfest Volunteer Ken Koch introduced the Eagan Ambassadors who each gave a brief summary of the July 4t" Funfest activities. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of June 4 and 11, 2013. B. Personnel Items 1. It was recommended to change the vacation maximum accrual for part time employees. 2. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation, Forestry & Utilities. C. It was recommended to approve check registers dated May 24, May 31, June 7, June 14, and June 21, 2013. D. It was recommended to approve a Resolution accepting a $600.00 donation from the Eagan Rotary Club. E. It was recommended to cancel the July 9, 2013, Special City Council Meeting. F. It was recommended to approve AccessEagan non- exclusive Access and Use Agreement with Arvig Enterprises. G. It was recommended to award Contract to MP Nexlevel LLC for the Extension of City Council Meeting Minutes July 2, 2013 2 page AccessEagan Fiber into the Cedar Grove Redevelopment area, accept base bid and Alternate 2 and Authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve the Final Plat for Meadowview Industrial Park. I. It was recommended to approve the Final Plat approval of Lemay Lake Family Townhomes. J. It was recommended to approve Plans and Specifications for City Contract 13 -07 (2013 City - Wide Trail Improvements) and Authorize Ad for Bids August 1, 2013. K. It was recommended to approve Change Order No. 1, City Contract No. 13 -11, 2013 Citywide Storm Water Quality Improvements. L. It was recommended to approve Change Order No. 2, City Contract No. 13 -11, 2013 Citywide Storm Water Quality Improvements. M. It was recommended to award City Contract No. 13 -16 ((Inflow & Infiltration Mitigation Improvements). N. It was recommended to award City Contract No. 13 -17 (Citywide Sanitary Sewer Improvements). 0. It was recommended to approve a Cost Share, Operation and Maintenance Agreement (Easter by the Lake Church Shoreland Project) with Easter Lutheran Church. P. It was recommended to approve a Resolution to accept a donation of equipment from the Eagan Hockey Association. Q. It was recommended to award City Contract No. 13 -19 (Project 1129 - Carlson Lake Sanitary Lift Station Rehabilitation). PUBLIC HEARINGS There are no public hearings to be heard. OLD BUSINESS ORDINANCE AMENDMENT TO CHAPTER 10, SECTION 10.01, RELATIVE TO STORAGE, DEPOSIT AND DISPOSAL OF REFUSE City Administrator Osberg introduced the item noting the Council was made aware of an issue regarding refuse /recycling container storage at a Listening Session earlier this year and directed the Public Works Committee to review the matter. The Public Works Committee considered the matter in February of this year and is recommending an ordinance amendment. City Planner Ridley gave a staff report. Mayor Maguire asked if anyone in the audience would like to comment on the ordinance amendment. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment to Chapter 10, Section 10.01, relative to Storage, Deposit and Disposal of Refuse and direct the City Attorney to publish the ordinance amendment /summary. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT —SHAW INDUSTRIES City Administrator Osberg introduced the item noting the Council is being asked to consider a conditional use permit to allow outside storage of 21 tractor trailers and 8 semi - tractors for F3 City Council Meeting. Minutes July 2, 2013 3 page property at 1090 Gemini Road. The subject property was built in 1987 and consists of 47,800 sq. ft. office warehouse building. City Planner Ridley gave a staff report. The applicant was available for questions. The Council discussed the amendment. Mayor Maguire asked if anyone in the audience would like to comment on the conditional use permit. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outside storage of 21 tractor trailers and 8 semi- tractors for property at 1090 Gemini Road, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. This Conditional Use Permit shall replace any and all former Conditional Use Permits for the property. 3. The applicant shall submit a revised Site Plan identifying the 21 tractor trailers and 8 semi - tractors on the site as depicted on the Site Plan submitted June 7, 2013 and additionally located within the loading dock areas. 4. If the city determines that the site is deficient in parking, the applicant's outside storage area shall be restriped to accommodate the additional stalls. The applicant must submit an application to amend the CUP to adjust the number of trailers and tractors that can be stored as a result of the conversion of the area to parking. 5. The applicant shall submit a Landscape Plan for city staff review and approval that incorporates coniferous trees to screen the outdoor storage from Lexington Avenue right -of -way. 6. The outdoor storage is limited to 21 tractor trailers and 8 semi - tractors located in the parking lot on the southeast side of the building. 7. The applicant shall apply for and obtain a grading /excavation permit from the City prior to the construction of the proposed parking lot expansion /outdoor storage area. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 8. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) for stormwater management (i.e. pollutant, rate, and volume control) and surface water quality. 9. Prior to receiving a grading permit, the applicant shall provide the City with water - quality modeling (comparison summary & inputs) to demonstrate no- net - increase of annual TP & TSS loading over existing conditions. 10. Prior to receiving a grading permit, the applicant shall provide the City with hydrologic modeling (comparison summary & inputs) to demonstrate no- net - increase of runoff rates (2yr, 10yr, 100yr, 24 -hr) over pre - development conditions. 11. Prior to receiving a grading permit, the applicant shall provide the City with soil- boring log(s) (extending 15' min. below bottom of over - excavation) within the location of the proposed biofiltration stormwater management feature, if drainage area will not be industrial runoff, to evaluate suitability for infiltration. 12. Prior to receiving a grading permit, the applicant's stormwater plan revisions shall include oil - filtration in all catch - basins that receive industrial runoff, 4' minimum catch -basin sumps, 12" minimum depth sand beds above all under - drains, and a gate -valve on the drain -tile outlet from the biofiltration basin's under -drain outlet. 0 City Council Meeting Minutes July 2, 2013 4 page 13. Prior to receiving a grading permit, the applicant shall enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. 14. The applicant shall provide the City as- built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION — EAGAN POINTE SENIOR LIVING City Administrator Osberg introduced the item noting the Council is being asked to consider four actions: a Comprehensive Guide Plan Land Use Agreement from Medium Density to High Density, a Rezoning from R -3 Residential Townhouse to Planned Development, a Preliminary Planned Development to construct a 151 unit 4 -story senior housing and a Preliminary Subdivision of approximately 10 acres located at 4232 Blackhawk Road. City Planner Ridley gave a staff. The applicant was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the item. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to implement a Comprehensive Guide Plan Land Use Amendment to change the land use designation from MD, Medium Density to HD, High Density, upon approximately 10 acres located at 4232 Blackhawk Road. Aye:5 Nay:O Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from R -3, Residential Townhouse, to PD, Planned Development, upon approximately 10 acres located 4232 Blackhawk Road. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Planned Development to construct a 151 unit 4 -story senior housing project upon approximately 10 acres located 4232 Blackhawk Road, subject to the following conditions: Aye: 5 Nay: 0 1. The following plans shall be revised and submitted prior to Final Subdivision and Final Planned Development approval. • Final Site Plan • Final Building Elevation Plans • Final Landscape Plan • Final Site Lighting Plan 2. This Preliminary Planned Development shall have a term of five (5) years. 3. The property shall be platted. 4. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the senior facility (FTTH) or conduit to the site to permit third party providers to install FTTH within the development. 5. The garage doors shall be painted to match the building exterior. 6. The data key on the Site Plan shall be revised to accurately reflect the setback information. 7. All mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. V) City Council Meeting Minutes July 2, 2013 5 page 8. The monument sign shall be subject to City Sign Code standards. The applicant shall enter into a Sign Agreement in a form acceptable to the City Attorney. 9. The Lighting Plan shall be revised to show compliance with the 0.5 footcandle minimum within the parking areas, and the 4:1 average /minimum ratio. The plan shall also identify the height of the poles, include the base and incorporate lighting to the trail, memory garden and terraced common areas. 10. The Landscape Plan shall be revised to establish buffers between the building and public rights -of- way, especially along Diffley Road and 1 -35E. The revisions to the Landscape Plan shall also be shown on the combined Landscape and Tree Mitigation Plan. 11. The Landscape Plan shall be revised to reflect that the shrubs will be 3 feet in height at time of planting. 12. The applicant shall submit a revised Tree Mitigation Plan that provides complete fulfillment of Tree Mitigation requirements through the installation of an additional ninety -seven (97) Category B trees (or an equivalent number of Category A, B, or C trees) or through a cash dedication of $29,100 as fulfillment of Tree Preservation requirements. 13. The future developer of Lot 1 shall be responsible for the tree mitigation of 154 significant trees (84.6% of the total). 14. The applicant shall protect the preserved individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 15. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 16. The Development shall be responsible for a cash Park Dedication of $485,012 collected with the Final Plat. 17. The Development shall be responsible for the construction of 885 feet of "public trail ", consistent with the development plans and City specifications, for which a credit of $26,550 shall be applied towards the $37,750 Trail Dedication due. 18. The balance of the Trail Dedication shall be satisfied with a cash payment of $10,450 collected with the Final Plat. 19. Park and Trail Dedication due for the development of the second lot shall be independent of this Development and will be determined during the development review process for that lot. 20. All erosion /sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion /sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 21. Developed conditions (grading, private utilities, landscaping, etc.) shall allow a minimum of 15 -foot- wide unobstructed equipment access path, from street -edge to all stormwater facilities, at a maximum slope of 15% on Lot 1. The unobstructed equipment access path shall be capable of supporting typical maintenance /excavation equipment, for access to all ponds and infiltration basins, including unobstructed maintenance equipment access to inlet and outlet areas. 22. The pedestrian facility along the Blackhawk Road and the new public street (Holden Trail) shall be constructed with bituminous pavement and be a minimum of 8 feet in width. If a cash dedication is City Council Meeting Minutes July 2, 2013 6 page provided for the trail along Blackhawk Road, the trail grading shall be performed along with the development. 23. This development shall dedicate public drainage & utility easements over all public sanitary sewer, water main, and storm sewer pipes at a minimum width of 20 feet. 24. A ten -foot wide maintenance bench above the Normal Water Level (NWL) on all ponds in Lot 1, with a slope no steeper than ten feet horizontal to one foot vertical (10:1), shall be provided as directed by the City and shall be sufficient to access all pond inlets and outlets with typical excavation equipment. 25. The existing wells on site shall be sealed according to all regulatory agency requirements and well sealing records provided to the City. 26. The applicant shall fully meet Minn. Rules Ch. 8420 (Wetland Conservation Act requirements) and City Code §11.67 (Wetlands Protection and Management Regulations). 27. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) for stormwater management (i.e. pollutant, rate, and volume control) and surface water quality. 28. The applicant shall provide construction details of proposed infiltration basins for City review (cross - section, construction /protection /sequencing notes, sizing /volume tables, planting details, etc.), to ensure infiltration basins are properly designed and constructed, and adequately protected during /after construction, to function as intended. These details shall be included in applicable plan sheet(s). 29. The applicant shall provide adequate pre- treatment (catch -basin sumps and /or forebays) to provide for capture and easily - accessible cleanout of fine -sand sized particles for all ponds and infiltration basins that receive direct impervious runoff. 30. The applicant shall provide the City with soil - boring log(s) (extending 15' min. below bottom of over - excavation) within the location of each proposed infiltration basin. If the soil - boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans to ensure 4.33 requirements for volume control are met. 31. Prior to receiving a grading or building permit, the applicant shall enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. 32. Immediately upon completion of fine - grading, the applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision of approximately 10 acres located 4232 Blackhawk Road. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT — FIESTA CANCUN GRILL City Administrator Osberg introduced the item noting the Council is being asked to consider an amendment to the existing planned development to allow Fiesta Cancun Grill on -sale liquor for proposed full- service restaurant located at 4250 Lexington Ave South. City Planner Ridley gave a staff report. The applicant was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the planned development amendment. There being no public comment, he turned the discussion back to the Council. Q City Council Meeting Minutes July 2, 2013 7 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment to allow on -sale liquor for a proposed full - service restaurant to be located at 4250 Lexington Avenue South, legally described at Lot 1, Block 1, Eagan Center 15t Addition, subject to the following conditions: Aye: 5 Nay: 0 1. Planned Development Amendment Agreement shall be executed and placed on file with the Community Development Department prior to issuance of any permits. 2. A Sign Permit is required prior to installation of any sign, and all signage is subject to the requirements of the Sign Ordinance. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA There were no administrative comments to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:48 p.m. Aye: 5 Nay: 0 Date Mayor Deputy Clerk k__� Agenda Information Memo July 16, 2013 Eagan City Council Meeting There are no HR agenda items. B. PERSONNEL ITEMS � q Agenda Information Memo July 16, 2013 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 28 and July 5, 2013 as presented. ATTACHMENTS: • Check register dated June 28, 2013 are enclosed without page number • Check register dated July 5, 2013 are enclosed without page number Agenda Information Memo July 16, 2013, Eagan City Council Meeting Consent Agenda D. Approve a service contract with Whitewater Wireless Incorporated to provide maintenance services for the City's Outdoor Warning Sirens. ACTION TO BE CONSIDERED: Approve the service contract with Whitewater Wireless Incorporated. FACTS: • At the end of 2012, our outdoor warning siren maintenance provider notified the City it would no longer be servicing our sirens. • Since, the City has been working with Whitewater Wireless to correct siren issues and has had a "time and materials" fee arrangement. • Whitewater Wireless has experience working with Outdoor Warning Sirens and works with many cities in Dakota County. • The cost for this service is approximately $7400.00, which is contained in the police department's 2013 budget. • This agreement was reviewed by City Attorney's Office. ATTACHMENTS: Service Agreement for Whitewater Wireless, Inc. on pages jq to a 5 r <Whitowater .�: SERVICE AGREEMENT PROPOSAL For EAGAN, CITY OF WHITEWATER WIRELESS, INC. Prepared by Rollie Frank 19292 n1 St. SW. Rochester, MN. 55902 May 2013 �q By and Between: Whitewater Wireless, Inc. Hereinafter 1929 2nd St. SW Licensee Rochester, MN 55902 (WWI) And: Eagan, Ciy of 3830 Pilot Knob Road Eagan, MN 55122 (Customer) Upon acceptance of this agreement by both parties named above, and payment by Licensee per the attached addendum, Licensee's equipment will be serviced in accordance with the Terms and Conditions below. Siren and other fixed equipment will be serviced at customer location. Digital Commander equipment will be serviced at customer location whenever possible. The unit may be removed from the customers location if further tests or repairs are needed.. Preventative Maintenance checks will be done according to Manufacture specifications and FCC regulations and standards. TYPE OF SERVICE Services covered by this agreement shall include the following: • Time to repair equipment • Materials (parts) to keep equipment operating properly • Driving time and mileage for equipment serviced at customer location • System optimization as often as required for proper operation • Return of equipment delivered to Whitewater Wireless, Inc. • Spare unit provided upon availability if repair is unable to be completed at customer location, This option may incur an additional charge due to the history of the incident. Whitewater Wireless, Inc. will endeavor to keep equipment operating at factory specification levels and all work will be performed by qualified licensed personnel. SERVICES NOT COVERED Services not covered under this agreement which incur an additional charge: • Repair of equipment not listed on addendum • Batteries for siren equipment and accessories • Siren motor • Repair or replacement of antenna or antenna systems • Repair of antenna supporting structure, tower or replacement of tower lighting • Equipment which needs repair due to: Accidents, Acts of God, Physical Abuse or Customer misuse, Power Surges, Water Damage, Environmental Conditions beyond our control, Loss of electrical power or phone line outages, Damage or failure caused by non -WWI install. Page I �9 BUDGETABLE EXPENSE This service will be able to be shown as a fixed expenditure and be able to be added into the customers annual budget. The service contract will be invoiced quarterly, semi - annually or annually and will remain constant for the contract period. Proper notification will be given to the customer sixty days in advance by a certified letter of a price increase. Within receiving that letter the customer will have thirty days to respond by a certified letter to WWI. In that letter the customer will either accept or reject the price adjustment. This service agreement will allow the customer to increase the equipment life due to a proper care and maintenance schedule. The benefits to this will be reduced down time and increased up time. Priority service will be given to our contracted accounts which includes more availability of loaners and spares. Our customers service agreement will be tailor made to the individual account specifications to reduce the costs to our customer. Twenty -four hour service and I -n -TECH BOARD repair are also available for our customers who desire these options. INITIAL SYSTEM OPTIMIZATION Whitewater Wireless, Inc. will conduct a system optimization on all units to be covered by this agreement. Should Whitewater Wireless, Inc. find any units not in proper working order, and if the unit(s) cannot be restored to factory specifications, WWI shall have the right to return any moneys collected and not provide coverage on the unit(s). ADDITIONAL UNITS If any units are added during the term of this agreement, Customer shall provide serial number(s) of additional units and reimburse Whitewater Wireless, Inc. in accordance with the terms of this agreement. INITIAL SET -UP FEE An additional system set -up fee of $25 shall be assessed at the time of inception of this service agreement. Whitewater Wireless, Inc. will set -up and keep a complete history file by serial number on all units. Customer shall provide a location listing of all units to be covered under this contract. SPECIAL, CONDITIONS This agreement is not subject to any special terms and conditions. Payments can be made quarterly, semi - annually or annually. Prepaid annually subject to 5% discount. Pcrge2 p SERVICE AGREEMENT 1. Definitions. "WWI" shall mean Whitewater Wireless, Inc., a Minnesota corporation; "Customer" shall mean the customer named in the agreement: and "Product" shall collectively mean the equipment and software which WWI and Customer agree to be serviced pursuant to this Service Agreement. Such Product is listed on the attached inventory on the front of this agreement. "Ol',M" shall mean Original Equipment Manufacturer. 2. Acceptance. 'Isle terms and conditions set forth within this Agreement is an offer to purchase Service by Customer which shall become a Service Agreement when acknowledged in writing by both parties; and the banking, negotiation or other use of any payment shall not constitute an acceptance by WWI. It is agreed that Service shall be provided only on the terms and conditions contained in this Agreement. WWI shall not be bound by terms and conditions in Customers purchase order or elsewhere unless expressly agreed to in writing. Upon acceptance by WWI's Service Department, WWI's interest in the agreement is assigned to WWI. 3. Service Defined. A. WWI agrees to provide service for the Product listed on this Agreement. Such Product shall be serviced according to the terms and conditions within this Agreement ( "Service "). ']'he Service shall begin and end on the dates set forth in this Agreement. In the event of loss, damage, theft or removal from Service of any Product which is subject to this Agreement, Customer shall immediately report the loss, damage, theft or removal in writing to WWI. In this event, Customers obligation to pay service fees with respect to any such Product shall terminate at the end of the month in which WWI. receives such written report. 13, This Agreement does not include service of any transmission line, antenna, tower or tower lighting; unless such work is described on the Agreement. Service shall include the labor and parts required to repair Product which has become detective through normal wear and usage. `Phis does not include consumables and their installation. Service does not include the repair or replacement of Product which has otherwise become defective, including, but not limited to, damage caused by accidents, physical or electronic abuse or misuse, acts of God, fires or other causality. Service performed for non - covered repairs shall be billed at WWI: "s current rate for applicable Service. Product under contract must be maintained in environmental conditions as set forth in the Prod uct specifications and damage resulting from environmental conditions not conforming to the specifications is not covered by this Agreement. C. Where telephone lines and Product are used in conjunction with WWI maintained Product, WWI shall have no obligation or responsibility for such phone lines or product but shall, upon request, assist the Telephone Company in repairing such at the appropriate contract rate. I). Customer shall indicate on the Agreement any Product which is intrinsically safe so that appropriate parts and procedures may be used to obtain such status. E. At the expiration of twelve (12) months after the commencement of Service hereunder (or any time thereafter), if product cannot in WWI's opinion be properly or economically repaired, because (but not limited to) excessive wear, deterioration or unavailability of parts, WWI at its sole option, upon thirty (30) days prior written notice to Customer sent by certified mail, may either: (l) remove such Product from this Agreement; (2) may increase the price to Service such Product. Customer shall have thirty (30) days from receipt of notice of price, increase to such increase. If Customer properly objects to such increase, WWI shall then have the option to remove such Product from coverage by this Agreement. Customer's obligation to pay service fees with respect to Product removed from this Agreement shall terminate at the end of the month during which such Product is removed. ao 4, Service Standards. The Product shall be serviced by WWI in accordance with the following standards: (i) OEM parts or parts of equal quality shall be used: (ii) the Product shall be serviced at levels set forth in OEM's product manuals: and (iii) routine service procedures prescribed from time to time by OEM for its Product shall be followed in accordance with prescribed service schedules. 5. Time and Place of Service A. Service shall be done at the location at the location wherethe equipment is installed. if reasonably possible; otlrenvise WWI shall transport the equipment to and from WWI's Service Center for service. Customer shall notify WWI immediately of Product failure, allow WWI full and free access to the Product, and cooperate fully with WWI in WWI's servicing of the Product. Waiver of liability by WWI against Customer or other restrictions shall not be imposed by the Customer as a.site access requirement. Customer shall allow WWI to use necessary machines, communications, facilities, features and other product (except as normally supplied by WWI) at no charge. B. Hours of Service under this Agreement shall be the normal working hours, excluding holidays, of WWI's Service Center unless otherwise indicated on this Agreement. 6. Exceptions. When this Agreement is accepted by WWI and the Customer, the equipment on the Agreement referenced within will be serviced by WWI in accordance with the terms and conditions printed in this contract. This Agreement does not include replacement of antennas or batteries, or service of any transmission line, antenna, tower or tower line unless such work is described within. 7. Payment/ Taxes. On or about the date each payment is due as set forth in the terms of this Agreement, WWI shall send Customer an invoice covering the Service fees for the next Payment Period. All other charges shall be billed as incurred, and the Customer shall pay the amount of each invoice within thirty (30) days of its date to the WWI office designated by WWI. WWI may terminate this Agreement by giving Customer thirty (30) days notice by certified mail if Customer defaults in its payment to WWI. Customer shill reimburse WWI for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments now or hereafter imposed by authority of any Federal, State or Local law, rule or regulation with respect to the Service of the Product except Federal income and profit taxes of WWI and State income and franchise taxes of WWI. 8. Subcontracting. WWI shall not subcontract in whole or in part the Service called for by this Agreement without the prior written consent of Customer. Customer hereby consents to WWI subcontracting with R kA LEC-I R IC, T uc to provide lift equipment. 9. Revision of Fees. Prior to an Anniversary of the "Expiration Date" indicated on this Agreement, WWI may revise. the Service fees set forth on this Agreement by giving Customer written notice of the amount of the increase at least sixty (60) days in advance of that Anniversary date. Upon receipt of any such notice, Customer may terminate this Agreement on the Expiration Date or any Anniversary of it upon thirty (30) days prior written notice to WWI sent by certified mail to the address indicated in this Agreement; otherwise the new fees shall become effective on the Anniversary date. In the event of such termination, all accrued and unpaid charges shall be due and payable immediately upon termination. 10. Automatic Renewal. After the Expiration Date indicated on this Agreement, this Agreement shall continue for successive additional periods of one year, provided that either WWI or the Customer may terminate this Agreement on the Expiration Date or any Anniversary of it upon thirty (30) days prior written notice to the other party sent by certified mail to the address indicated in this Agreement. 11. Interruption of Service. Customer shall notify the servicing agency in the event of the failure of any Product. If the servicing agency fails to repair the Product within a reasonable time, Customer shall notify the WWI office designated by WWI After said notice from Customer to the servicing agency and to the WWI office designated by WWI, WWI shall be liable for any interruption or interference affecting the use or transmission through the Product maintained to the extent or a pro rata allowance based on the quarterly service fee for the time such interruption or interference is attributable to the fault of WWI or its subcontractor. WWI does not assume and shall have no liability under this Agreement for failure to provide or delay in providing service for the Product due directly or indirectly to causes beyond the control of WWI, including, but not restricted to, acts of God, acts of the public enemy, acts of the United States, any State, Territory of the United States, or any political subdivision of the foregoing, or the District of Columbia, acts of failure to act of the Customer, its agents, employees or subcontractors, fires, floods, causality, epidemics, quarantine restriction, strikes, freight embargoes, and unusually severe weather al� conditions or defaults of WWI subcontractors due to such causes. 12. Warranty Limitations. Except as specified in this Agreement, WWI disclaims all warranties, express or implied including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, in no event shall WWI be liable for incidental or consequential damages to the full extent such may be disclaimed by law. 13. FCC and other Governmental Matter. Although WWI may assist in preparation of the FCC License application, Customer is solely responsible for obtaining any license or other authorizations required by the Federal Communications Commission ( "FCC ") or any other Federal, State or Local governmental agency. Customer is solely responsible for complying with applicable FCC rules and regulation and the applicable rules and regulations of any other Federal. State or Local governmental agency. Neither WWI nor any of its employees is an agent of Customer in FCC or other governmental matters. WWI, however, may assist in preparation of the FCC license application for an administrative fee to the Customer. 14. Entire Agreement. This Agreement consists of the Service Agreement Inventory, Service Agreement Proposal and Service Agreement. Customer acknowledges that it has read and understands the terms and conditions of this Agreement and agrees to be bound by them, that is the complete and conclusive statement of the agreement between the parties and that this Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter hereof and all understandings and agreements, oral and written, hereto Pore made between WWI and Customer, are merged in this Agreement which alone frilly and completely expresses their agreement. 15. Amendment. No modification of or additions to this Agreement shall be binding upon WWI or Customer unless such modification is in writing and signed by WWI and Customer. 16. Validity. If any term or provision of this Agreement shall to any extent be held by a court or other tribunal to be invalid, void or uncril'orceable, then that term or provision shall be inoperative and void insofar as it is in conflict with law, but the remaining terms and provisions of this Agreement shall nevertheless continue in full force and effect and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. void or unenforceable. 17. Headings. Section and paragraph headings used in this Agreement are for the convenience only and are not to be deemed or construed to be part of this Agreement. 18. L,aw, Phis Agreement and Rights and Duties of the parties shall be governed and interpreted in accordance with the laws of the State of Minnesota. 19. Assignment. No assignment or transfer, in whole or in part of this Agreement by Customer shall be binding upon WWI without its prior written consent. Likewise, no assignment or transfer, in whole or in part of this Agreement by WWI shall be binding upon Customer without its prior written consent. 20. Waiver. failure or delay on the part of WWI or Customer to exercise any right, power or privilege under this Agreement shall not operate as a waiver of any right, power or privilege of this Agreement. 21. Time to Sue. Any legal actions related to this agreement will be subject to the statutes of limitation under Minnesota law. 22. Special Instructions: All I11- TECl-I BOARD repairs to consoles will be billed at the current time and material rate, unless the 11-TECFI BOARD repair option is purchased. Pricing includes 7 by 24 -hour service on fixed end equipment. If' requested by Customer, any equipment that is currently under warranty or extended warranty shall be added to the service contract at 70 percent discount. 23. Taxes are base on 20% of the contract pricing being parts usage and 80% labor. •0 24. Insurance. WWI shall not commence work under this Agreement until it has obtained all insurance required under this section and has filed the certificate of insurance or certified copy of the insurance policy with the Customer. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without thirty (30) days written notice to the Customer of the intent to cancel. Minimum requirements: A) Worker's compensation insurance and employer's liability insurance as required by law. B) Comprehensive general and automobile liability insurance, including coverage for non -owned and hired vehicles, in limits as follows: General Liability - Bodily Injury $500,000 each occurrence Property Damage $500,000 completed operations OR Combined Single Limit $500,000 each occurrence $500,000 aggregate Automobile Liability- Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence $200,000 aggregate OR Combined Single Limit $500,000 C) The Customer shall be listed as an additional insured on the above policies. 25. Indemnification. WWI shall indemnify and hold harmless the Customer and its City Council members, officers, agents, and employees from and against all claims, damages, losses, or expenses, including attorney fees, which may be suffered or for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts, or obligations in consequence of the performance of this agreement by WWI, its employees, agents, or subcontractors, whether or not caused in part by a party indemnified hereunder. 26. Municipal Liability Limits. Notwithstanding any provision herein to the contrary, nothing herein shall be construed to waive the Customer's immunity or liability limits under the Minnesota Municipal Tort Claims Act or any other law. 27. Audit. Under Minn. Stat. §§ 6.551 and 16C.05, subd. 5, WWI's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the Customer, Legislative Auditor, and/or State Auditor, as appropriate, for a minimum of six (6) years from the end of this agreement. 28. Termination. The Customer may terminate this Agreement for convenience upon thirty (30) days written notice. If this Agreement is terminated, WWI shall be compensated in accordance with the terms hereof for Services performed and reimbursable expenses incurred prior to the effective date of termination. PERIOD OF AGREEMENT This Agreement shall be effective upon. signature by both parties through December 31,2013 and shall continue for successive calendar years unless terminated in writing by either party with. proper notification. C IN WITNESS WHEREOF, the parties have executed this Agreement. PAYMENT CYCLE: D Annually D Semi- Annually D Quarterly TAX EXEMPT': D Yes, Attach exempt Certificate D No Whitewater Wireless, Inc., a Minnesota corporation By: _ Its: City of Eagan, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk Dq C t�llnrater EL.E�'S,,r, SERVICE AGREEMENT INVENTORY Date: May 24, 2013 PO #: Name: Eagan, City of Customer Contact: Address: 3830 Pilot Knob Road Contract Start Date: City: Eagan State: MN Zip: 55122 Expiration Date: Phone: 651.675.5805 Automatic Renewal: Jeremy Klein January 1, 2013 December 31, 2013 0 Yes 0 No MODEL NUMBER PLACE OF SERVICE ANNUAL SVC AMOUNT SERIAL NUMBER CUSTOMER SVC CTER SVC CTER PER UNIT PER QTY DESCRIPTION LOCATION I DRIVE -IN I MAIL -IN MONTH I EXTENDED 12 (Federal 2001 Outdoor Warning Siren I XX I I I $ 53.00 I $7,632.00 1 1 (Annual Preoav 5% Discount I I I I 1 - $381.60 1 PAYMENT CYCLE: TAX EXEMPT: TOTAL ' Annually Yes, Attach exempt THIS AMOUNT IS SUBJECT ANNUALY $7,250.40 Semi- Annually certificate TO STATE AND LOCAL TAX TAX $97.88 Quarterly JURISDICTIONS TO BE NO VERIFIED BY RCI Cj Monthly TOTAL $7,348.28 Special Instructions All listed equipment to be serviced during normal business hours of 8:00 AM - 4:30 PM Monday thru Friday excluding Holidays. Vender will schedule the first Wednesday and Thursday of the month during weather warning season to be available for service corrective action after monthly warning test. Contract does cover siren motors. AUTHORIZED CUSTOMER SIGNATURE DATE WHITEWATER WIRELESS, INC. SIGNATURE TITLE �6 Agenda Information Memo July 16, 2013, Eagan City Council Meeting Consent Agenda E. Approve a contract with Tracker Products who will provide evidence tracking software for the police department. ACTION TO BE CONSIDERED: Approve a contract with Tracker Products which is a Property and Evidence case management database. FACTS: • The product currently utilized by the police department to properly track evidence and property will no longer be supported. • Tracker Products was identified as the vendor who could provide a product that will meet the department's needs. • The software provided by Tracker Products will serve as the department's tracking system to properly document evidence and ensure other types of property are catalogued correctly. • The estimated cost for this software is $15,900.00. In addition, there will be an annual maintenance fee of $1965.00. • In anticipation of purchasing a product, funding to cover the costs is contained in the police department's 2013 budget. • This agreement was reviewed by City Attorney's Office. ATTACHMENTS: Tracker Products Software Agreement on pages to ()c0 TRACKER PRODUCTS PRICE QUOTE AND SOFTWARE LICENSE AGREEMENT Included in this document, you will find an itemized price quote for the purchase and implementation of Tracker Products software, a Tracker Products software license agreement, a blank W -9 tax form (to be completed and returned) and a Tracker Products W -9 tax form. We appreciate your interest in Tracker Products software and very much look forward to working with you to solve your tracking needs. Please let us know if you have any questions or concerns. Sincerely, The Tracker Products Team tracker PRODUCTS Tracker Products Toll Free: (866) 438 -6565 Office: (859) 746 -9700 Fax: (866) 381-4160 Email: sales @trackerproducts.com Tracker Products price quote and software license agreement a9 • e PRICE QUOTE (ExHiBiTA) This quote is a formal proposal for the purchase, implementation and use of Tracker Products software by: Eagan Police Department Jeremy Klein, Emergency Manager 651-675-5805 jklein@cityofeagan.com 3830 Pilot Knob Road Eagan, Minnesota 55122 Date: March 5, 2013 Pricing is valid for aperiod of 90 days from date of quote. 1. SOFTWARE Software version Purchased Total number of software users Up to Unlimited Total number of workstations Up to Unlimited Concurrent software connections Individuals wising the software at any given time up to 3 Custom data collection field modules Up to Unlimited Total number of items tracked First year of use Up to Unlimited Total number of items tracked Per subsequent year Up to Unlimited Total number of locations Up to Unlimited Software total* $13,100.00 ...... ..... k....._,,._,_. - Annual renewal" $1,965.00 *Total includes one full year ofsoftware use, system upgrades, hosting, maintenance and support. "Rie optional annual renewal fee covers system upgrades, maintenance and support for subsequent years of use with the purchased version of Tracker Products software. 2. SOFTWARE EXTRAS Software extras total 3. ON-SITE SETUP AND TRAINING $0.00 Customers can elect to have a Racker Products representative travel to their location for one or more days to assist them with the setup and implementation of their tracking system. The cost for this service is $1995 for the first day and $1500 for each additional day. Number of days Setup and training total Tracker Products price quote and software license agreement $1,995.00 4. HARDWARE CATEGORY MODEL . UNIT COST QTY. TOTAL Bar code scanner Socket bluetooth scanner $699 1 $699.00 ....... ........... . ...... — ------- -- Hardware total $699.00 5. SHIPPING Carrier FedEx . ... . ......... Shipping cost $25.00 6. TAX Customer has tax exempt status. 7. TOTALS Software (Section 1) $13,100.00 Software extras (Section 2) $0.00 Setup and training (Section 3) $1,995.00 Hardware (Section 4) $699.00 Shipping (Section 5) $25.00 Tax (Section 6) $0.00 Grand Total $15,819.00 8. ANNUAL RENEWAL Annual renewal fee (Section 1) Tracker Products price quote and software license agreement Q $1,965.00 WITH SOFTWARE LICENSE AGREEMENT PURCHASED VERSION (EXHIBITB) Software license and professional services agreement with TrackerProdnctsfor the implementation and ttse of bar code tracking software application This software license and professional services agreement ( "Agreement ") dated this 5 day of March, 2013 (the "Execution date") is entered between Tracker Products (the "Vendor ") and Eagan Police Department (the "Licensee" or "Agency "). A. BACKGROUND The vendor wishes to license computer software to the licensee and the licensee wishes to purchase the software license under the terms and conditions stated below. In consideration of the provisions contained in this agreement and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: E. LICENSE I. Under this agreement the vendor grants to the licensee a non - exclusive and non - transferrable license (the "License ") to use Tracker Products bar code tracking application (the "Software "). 2. This software shall allow up to 3 simultaneous connections (The total number of authenticated software users accessing the licensee's tracking system at a given time) —and— Unlimited items entered into the licensee's tracking system per calendar year —and— Unlimited items entered into the licensee's tracking system during the initial calendar year. 3. Software includes: The executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product. 4. Title, copyright, intellectual property rights and distribution rights of the software remain exclusively with the vendor. Intellectual property rights include the look and feel of the software. This agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the software. 5. This agreement grants a single server license to the licensee. The licensee is allowed access one live site and one test site on the server, as further specified in the Proposal, attached hereto as Exhibit "A" and incorporated herein by reference. 6. The rights and obligations of this agreement are rights granted to the licensee only. The licensee may not transfer or assign any of the rights or obligations granted under this agreement to any other person or legal entity. The licensee may not make available the software for use by one or more third parties. 7. The software may not be modified, reverse - engineered, or de- compiled in any manner through current or future available technologies. 8. Failure to comply with any of the terms under the license section will be considered a material breach of this agreement. c. COMPENSATION Licensee shall pay vendor for the Software, hardware and services provided ( "Project') in accordance with the provisions of this Section, Section and the Proposal attached hereto as Exhibit "A ". Vendor's compensation for all products and work performed in accordance with this agreement (not including all reimbursable items and applicable sales tae) shall not exceed $15,819.00 without prior written authorization from licensee. No rate changes shall be made during the term of this agreement without the prior written approval of licensee. 1. License fee. The license fee for the software described in this agreement will consist ofthe initial purchase price of $13,100.00 plus applicable sales tax. The license fee shall include the first year of software support and maintenance service. 2. Services. Services provided as an enhancement to the software, including data import, system customization and miscellaneous programming for the sum of $0.00. 3. Sales tax. The vendor will charge licensee applicable state or local sales tax unless licensee provides proper sales tax exemption documentation and supporting W9 information. 4. Annual renewal agreement. Thereafter, an optional annual maintenance and support agreement is available to the licensee for the sum of $1,965.00 per year, subject to an increase in cost not to exceed five percent in any given year. The annual maintenance and support agreement is not required, Opting out or electing not to renew the maintenance and support agreement will not cause the licensee's purchased software to be disabled in any way. The Licensee may enter into a written amendment to this agreement for these services at any time during the term of this agreemekt. The annual maintenance and support agreement renewal shall be affective upon licensee's payment of the maintenance and support annual renewal fee. 5. hardware. Initial Hardware purchase as further described in the Proposal attached hereto as Exhibit "A" for the purchase price of $699.00 plus applicable sales tae. 6. On -site setup and training. On -site system setup and user training fora date to be mutually agreed upon for the sum of $1,995.00. Compensation for any authorized additional on -site training services shall be paid in accordance with the Proposal as set forth in Exhibit "A ". D. PAYMENT TERMS I . Software. Within three (3) business days of this signed license agreement, your hosted site or purchased staging site will be made available for use. Full payment is due within thirty (30) days of access information being provided. Software costs may be invoiced separate firom hardware, training and miscellaneous costs (See line item 7a of Proposal, Exhibit "A "). 2. Hardware. Payment for all hardware is due within thirty (30) days of receipt of Hardware. Hardware costs may be invoiced separate from training, Software and miscellaneous item costs (See line item 7b of Proposal, Exhibit "A "). 3. Training. Payment for training is due within thirty (30) days of on -site training completion. Training costs may be invoiced separate from hardware, software and miscellaneous item costs. (See line item 7e of Proposal, Exhibit "A "). 4. Accounts payable. Invoices shall be provided in writing as specified in the section entitled "Notices." Tracker Products price quote and software license agreement E. LIMITATION OF LIABILITY I. The software is provided by the Vendor and accepted by the licensee "as is ". Liability of the Vendor will be limited to a maximum of the original purchase price of the software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the software. 2. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee. 3. The Vendor does not warrant that use of the Software will be uninterrupted or error -free. The Licensee accepts that Software in general is prone to bugs and flaws within an acceptable level as determined in the industry. F. INDEMNIFICATION To the fullest extent permitted by law, vendor shall indemnify, defend and hold harmless Agency, its Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes ofaction, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim'; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this agreement, or any work perforated or services provided under this Agreement including, without limitation, defects in workmanship or materials or vendor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of vendor, its principals, officers, agents, employees, vendors, suppliers, vendors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require vendor to indemnify the Indemnified Parties from any Claim arising from the negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this agreement. This indemnity shall apply to all claims and liability regardless ofwhether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the vendor. a. WARRANTS AND REPRESENTATIONS The vendor warrants and represents that it is the copyright holder of the software. The vendor warrants and represents that granting the license to use this software is not in violation ofany other agreement, copyright or applicable statute. H. ACCEPTANCE All terms, conditions and obligations of this agreement will be deemed to be accepted by the licensee ("Acceptance") upon execution of this agreement by all parties. I. USER SUPPORT SERVICES 1. The licensee shall be entitled to one year of phone support available 8:00 a.rn. EST to 5:00 p.m. EST or 24 hours, 7 days a week when pre-arranged by an annual maintenance and support agreement, at no additional cost. Refer to Section E(2) for optional annual maintenance and support agreement. 2. The licensee shall be entitled to maintenance upgrades and bug fixes, at no additional cost, for a period of one year from the date of Acceptance. 3. At any time the licensee can request a full copy of all data and it will be provided in database or excel format. The licensee is the owner of all data inputted to the system and Tracker will in no way view or modify that data unless requested by the licensee. j. TERM The term of this software licensee shall commence upon acceptance and is perpetual in existence. K. TERMINATION This agreement will be terminated and the license forfeited where the licensee has failed to comply with any of the terms of this agreement or is in material breach of this agreement. On termination of this agreement for any reason, the licensee will promptly destroy the software or return the software to the vendor. L. FORCE MAJEURE The vendor will be free of liability to the licensee where the vendor is prevented from executing its obligations under this agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the vendor has taken any and all appropriate action to mitigate such an event. M. CONTROLLING LAW AND VENUE The Imes of the State of Minnesota shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in the State of Minnesota. Tracker Products price quote and software license agreement • N. MISCELLANEOUS L This agreement can only be modified in writing signed by both the vendor and the licensee. 2. Changes to this agreement within fifteen business days of the Execution Date will be subject to a twenty percent restocking fee based on the total hardware and software cost. Changes to this agreement after fifteen days will be made upon mutual agreement of licensor and licensee. No full or partial refunds will be expressed or guaranteed after fifteen days from the date of this agreement. Sales of special order hardware items will not be restocked. 3. This agreement does not create or imply any relationship in agency or partnership between the vendor and the licensee. 4. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa. 5. If any term, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions ofthis agreement will in no way be affected, impaired or invalidated as aresult. 6. This agreement contains the entire agreement between the parties. All understandings have been included in this agreement. Representations which may have been made by any party to this agreement may in some way be inconsistent with this final written agreement. All such statements are declared to be of no value in this agreement. Only the written terms of this agreement will bind the parties. 7. This agreement and the terms and conditions contained in this agreement apply to and are binding upon the vendor's successors and assigns. O. NOTICES All notices, demands, requests or approvals to be given under the terns of this agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from vendor to licensee shall be addressed to licensee at: Attn: Administrative Lieutenant Eagan Police Department 3830 Pilot Knob Road Eagan, MN 55122 Phone: 651.675 -5700 All notices, demands, requests or approvals from licensee to vendor shall be addressed to vendor at: Attn: Products Licensing Tracker Products PO Box 1026 Florence, KY 41022 Phone: 859 -746 -9700 In witness whereof, the parties have caused this agreement to be executed on the day and year first written above. LICENSEE Approved as to form: Name: Signature: Date: VENDOR Tracker Products A Kentucky Limited Liability Company By: Benjamin D. Townsend, Managing Member Date: Tracker Products price quote and software license agreement _� C_� e • Waver Iclentitication NUMBer Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Socialsecu ity num er backup withholding.For individuals. this is your social security number (SSN). However. for a resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entities, it is your employer Identification number (EIN),If you do not have a number, seeHow to get a TIN on page 3. or Note.lf the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me). and 2. lam not subject to backup withholding because:(a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that l am subject to backup withholding as a resullof a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S.citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid. acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. Seethe instructions on page 4. Sign I Signature of Here S. person...,. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributons you made to an IRA Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and. when applicable, to: 1. Cetifythat the TIN you are giving is correct (or you are waiting for a number to be issuec), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S.trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. Tracker Products price quote and software license agreement Date Definition of a U.S. person. For federal tax purposes, you are considerec a U.S. person if you are: - An individual who is a U.S. citizen or U.S. resident alien, — A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, - An estate (other than a foreign estate). or - A domestic trust (as defined in Regulations section 301.7701 -7). Specialrules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership Income. The person who gives Form W -9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net Income from the partnership conducting a trade or business in the United States is in the following cases: — The US. owner of a disregarded entity and not the entity, Form W -9 (Rev. 10 -2007) • i Form W-9 Request for Taxpayer Give form to the (Rev.October 2007) Identification Number and Certification requester. Do not D(partmerlt of the Treasury Interrdl Rev—P. S-1,T. send to the IRS. Name (as shown on your income lax return) N n of a. C Business name. if different from above O Check appropriate box: D Individual /Sole proprietor D corporation D Partnership Exempt D Limited (lability company. Enter the lax classification (D disregarded entity, C corporation, P parinerst "Ip) I> _ � D payee D Other (see Instructions) Address (number, street, and apt. or suite no.) Requesters name and address (optional) cf. Q �l. I y,state, and ZIP code A <ii List account number(s) here (optional) W Waver Iclentitication NUMBer Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Socialsecu ity num er backup withholding.For individuals. this is your social security number (SSN). However. for a resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entities, it is your employer Identification number (EIN),If you do not have a number, seeHow to get a TIN on page 3. or Note.lf the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me). and 2. lam not subject to backup withholding because:(a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that l am subject to backup withholding as a resullof a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S.citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid. acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. Seethe instructions on page 4. Sign I Signature of Here S. person...,. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributons you made to an IRA Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and. when applicable, to: 1. Cetifythat the TIN you are giving is correct (or you are waiting for a number to be issuec), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S.trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. Tracker Products price quote and software license agreement Date Definition of a U.S. person. For federal tax purposes, you are considerec a U.S. person if you are: - An individual who is a U.S. citizen or U.S. resident alien, — A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, - An estate (other than a foreign estate). or - A domestic trust (as defined in Regulations section 301.7701 -7). Specialrules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership Income. The person who gives Form W -9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net Income from the partnership conducting a trade or business in the United States is in the following cases: — The US. owner of a disregarded entity and not the entity, Form W -9 (Rev. 10 -2007) • i Enter your TIN in the appropriate box. The TIN provided must match the name given on the 'Name" line Socialsecurity number toavotd backup withhold Ing. For lndlvlduals,( h1SIS your soclalsecunty number (SSN). However, for a _ .I I I I I resident alien, sole proprietor, or disregarded entity.see the Part I instructions on page 3. For other entities.it is your employer ident ication number (EIN). If you do not have a number. see How to get a TIN on page 3. Note.lf the account Is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number number toenter. 6 1 - 1 8 9 61 7 Certifrcation • • • _ ___ _ Under penalties of perjury, Icertify that: Form W-9 Request for Taxpayer Give Form to the (Rev. Decembe< 20111 Identification Number and Certification requester. Do not Department ofthaTreasury send to the IRS. InternalRevenue Service Certification Instructions. You must cross out item 2 above if you have beennotified by the IRS that you are currently subje <::tto backup withholding because you have failed to report all interest and dividends on your tax return -For real estate tra nee ctions.Item 2 does not apply.For mortgage Name(as shownon your Income tax return) generally, payments other Than Interest and dividends, you are not required to sgn the certification, but you must provide your correct TIN. See the Tr; cker Products LLC Business nameldis.regarced entity namo.if different from bovc a> ur O. Check apprcpnate box for leder -a) tax classflcation- U.S.peraon O ::J hdlvidual / -aole proprietor DC Corporation D S Corporation p Partnership 0 TmsUestale General Instructions Q xempt payeft 51 O Iinllud hatully EJmpany. Entef the tax classification (C =C cororaion. S =S corporatlOn, P= OarlflCrshi))� C _ _______________________________ to this Form W -9. u p Other{ ee in5truct'ons)Ilu Purpose of Form G Address(number,dreet, and apt. or suite na) Requester's name and address (opllon-a a. 520 Graves Ave Suite 201 example. Income paid to you, real estate transactions, mortgage Interest r't City, State. and ZIP code -An estate (other than a foreign estate), or <IR Erlanger KY 41018 Use Form W -9 only If you are a U. S. person (includh g a resident ' Adomestic trust (as defined in Regulations section 301.7701 -7). List account number(s) here (optional) Mh Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the 'Name" line Socialsecurity number toavotd backup withhold Ing. For lndlvlduals,( h1SIS your soclalsecunty number (SSN). However, for a _ .I I I I I resident alien, sole proprietor, or disregarded entity.see the Part I instructions on page 3. For other entities.it is your employer ident ication number (EIN). If you do not have a number. see How to get a TIN on page 3. Note.lf the account Is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number number toenter. 6 1 - 1 8 9 61 7 Certifrcation • • • _ ___ _ Under penalties of perjury, Icertify that: `- Y 1. 1 he number snown on this form Is my cOfrect taxpayer identification number (or lam waiting fora number to be issuc<I to me).and 2. Is in not subject tobackup withholding because: (a) I am exempt from backup withholding. or (b) I have not been notified by the Internal Revenue SerVice (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends,or (c) the IRS has notified me that lam no longer subject to backup withholding, and 3. 1 am a U.S.cilizen or other U.S.person (defined below). Certification Instructions. You must cross out item 2 above if you have beennotified by the IRS that you are currently subje <::tto backup withholding because you have failed to report all interest and dividends on your tax return -For real estate tra nee ctions.Item 2 does not apply.For mortgage interest paid.acquisition or abandonment of secured property, cancellation of debt. contributions to an individualretirement arrangement (IRA), and generally, payments other Than Interest and dividends, you are not required to sgn the certification, but you must provide your correct TIN. See the Instructions on page 4. Sign Signature Here U.S.peraon � oate► General Instructions Note.lfa requester gives you aform other than Form W9 to request your TIN, you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W -9. noted. Definitionof a U.S.person.For federal tax purposes, you are Purpose of Form considered a U.S. person if you are: A person who is required to file an Information return with the IRS must - An individualwho is a U.S.citizen or U.S. resident alien, obtain your correct taxpayer identification number (TIN) to report.for - Apartnaship. corporation, company. or association created or example. Income paid to you, real estate transactions, mortgage Interest organized in the United States or under the laws of the United States, you paid. acquisitionor abandonment of secure <I property.cancellation -An estate (other than a foreign estate), or of dsbt, or contributions you made to an IRA. Use Form W -9 only If you are a U. S. person (includh g a resident ' Adomestic trust (as defined in Regulations section 301.7701 -7). Alien). to provide your correct TIN to the person requestingiI (the Spacialrulesforpartnerships- Partnershipsthatconductatradeor requester) and, when applicable, toe business inthe United States are generally required to pay a withholding tax on any foregn partners' share of Income from such business. 1. Certify that the I IN you are giving IS come <::t (or you are wailli'10 for a Further. in certain cases where a Form W -9 has not been received, a number to be ISSue <I), partnership's required to presume that a partner is a foreign person, 2. Certify that you are not subject to backup withholding, or and pay the withholding tax. Therefore. if you are a U- S. person that 1s a 3. Claim exemption from backup withholding if you are a U.S. exempt partner in a partnership conducting a trade or business In the United payee. If applicable.you are also certifying that as a U S. person -your Stales, provide Form W -9 to the partnership to establish yourUS. allocable share of any partnership oncome from a U.S, trade or business status and avoid withholding on your share of partnership income. is nDt subject to the withholding tax on foreign partners-share of effectively connected oncome. Cat.ldo.1023tX Form W- 9(Rev. 12-200) Tracker Products price quote and software license agreement • Agenda Information Memo July 16, 2013 Eagan City Council Meeting F. MENDOTA- LEBANON GREENWAY MASTER PLAN — CITY OF EAGAN ACTION TO BE CONSIDERED: To APPROVE a resolution of support for the Mendota - Lebanon Greenway Master Plan. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The Mendota - Lebanon Greenway is part of the Dakota County Greenway Collaborative. ➢ Dakota County and their consultant HKGi began working with transportation, parks and planning staff from Mendota Heights, Inver Grove Heights and Eagan in July 2012. ➢ The 8.5 mile route will provide a greenway connection from the Village at Mendota Heights to Lebanon Hills Regional Park. ➢ The Dakota County Greenway Vision 2030 proposes multi- functional corridors that provide for habitat, recreation, water quality and transportation. ➢ The next step is securing resolutions of support from the communities along the corridor. Ultimately the plan will be submitted to the Metropolitan Council for review and approval. ATTACHMENTS: (2) Resolution on page 30 Background information on pages through n 0 35 City of Eagan Dakota County, Minnesota Resolution # A resolution supporting the Mendota - Lebanon Hills Regional Greenway WHEREAS, the City of Eagan has been working with Dakota County on the development of a master plan for a regional greenway project that would bring new recreational and open space opportunities to the City of Eagan; and WHEREAS, the unique approach to trail design outlined in the master plan integrates functional use, scenic value, historic and environmental interpretation, water quality improvements, and ecological restoration; and WHEREAS, the proposed greenway is an identified unit of the Metropolitan Regional Park System Plan and will establish a link between the North Urban Regional Trail and Lebanon Hills Regional Park through the communities of Mendota Heights, Inver Grove Heights, and Eagan; and WHEREAS, the master plan was developed in accordance with the 2030 Regional Parks Policy Plan; and WHEREAS, the alignment identified in the master plan was developed in accordance with City of Eagan's 2030 Comprehensive Plan; and WHEREAS, the detail design and maintenance of specific public right -of -way crossings will be reviewed for consistency with established transportation and maintenance policies; and WHEREAS, the development and operation of the regional greenway will be a cooperative effort between Dakota County and the communities through which it extends; and NOW, THEREFORE, BE IT RESOLVED, the City of Eagan adopts a resolution supporting Dakota County's Plans for the Mendota - Lebanon Hills Regional Greenway. ADOPTED this 16th day of July, 2013 By: Mayor By: Deputy City Clerk _11 M 0 w M tq O M ti Mendota-Lebanon Hills Greenway DRAFT CONCEPT PLAN 5.21.13 I C.z.1 .10 p 77777 b Ej 55 4x i v. 'A I U q... .... .... .. M., sm NWE Rp M :5 AiK_ W. lent mays opportunitlesfor itlenwIth A ow pmeht and preservatIon 0 Jousopen space corrid rs . ...... w natetrailheadlocatlonwt 55 ture arkoractIvIty Ater YJ ... ....... . rMi" L 410 ax� a MU sZ "T. fiejw&­- i J 424R '5-11 . . . . . . . . . . . . . . . . v ku j . T . ..... ..... ...... Ong-term Op 0 so ra r0a 011 II 4 v RR V-2 .......... .. ............. . .......... �:. - v. A101ftycewt Twk.d 01 N,,l9hb.,ho.dd.h.y J. w Willing r,,sde Separated CrossInq NW11,1 Cis& kp­led (;r.s,lsg Udoo.w-w Agdoltvie q 'P UendotAcbsnon Hills Greemay. Pidumd IOWA M-1; a "M iFt MO RIqlolTAl (.RVisqifvM.d) 1140 ...... a II,UngL..ITfIll ... . _3e v ........... . . . . . . 39 . . . . . . . . . . 77777 4x i v. PAX U q... .... .... .. M., sm NWE Rp M :5 AiK_ W. lent mays opportunitlesfor itlenwIth A ow pmeht and preservatIon 0 Jousopen space corrid rs . ...... w natetrailheadlocatlonwt 55 ture arkoractIvIty Ater YJ ... ....... . rMi" L 410 ax� a MU sZ "T. fiejw&­- i J 424R '5-11 . . . . . . . . . . . . . . . . v ku j . T . ..... ..... ...... Ong-term Op 0 so ra r0a 011 II 4 v RR V-2 .......... .. ............. . .......... �:. - v. A101ftycewt Twk.d 01 N,,l9hb.,ho.dd.h.y J. w Willing r,,sde Separated CrossInq NW11,1 Cis& kp­led (;r.s,lsg Udoo.w-w Agdoltvie q 'P UendotAcbsnon Hills Greemay. Pidumd IOWA M-1; a "M iFt MO RIqlolTAl (.RVisqifvM.d) 1140 ...... a II,UngL..ITfIll ... . _3e v ........... . . . . . . 39 0 UA > M w CD LW C4 0 -6 'g, , 0 09 T.S. 0 0 CL M Em F- ui cr ca P-1001 &W Agenda Information Memo City Council Meeting Consent July 16, 2013 G. APPOVE FIRE ADMINISTRATION BUILDING LISTING PROPOSAL DIRECTION TO BE CONSIDERED: To approve a listing agreement with Cassidy Turley for the sale or lease of the former Fire Administration Building at 3975 Pilot Knob Road. FACTS: • At the time of the opening of the Fire Safety Center -Fire Station #2, the Finance Committee was designated to oversee the process for the disposal of the prior Station #2 and the Fire Administration Building. • Station #2 was sold to Competition Engines, facilitating their move from the Cedar Grove Redevelopment District, and the Fire Administration Building was temporarily leased to JBL Companies while the City processed the Comprehensive Guide Plan Amendment and rezoning of the property to Limited Business to prepare it for sale. JBL found a permanent location for their business in 2012, but has been leasing the Fire Administration garage bays for their field equipment since that time. At its meeting of November 16, 2012, the Finance Committee directed staff to solicit a Broker's Price Opinion and listing offer for the former Fire Administration Building from Cassidy Turley in recognition of the other work the firm has been doing in the community. The direction was based in part on the expectation that the company's general representation of properties around the region would limit its likelihood to market one Eagan property over another. • In response to staff s request, Cassidy Turley submitted the enclosed Opinion and offer for the City's consideration. The broker indicates there has been limited sales activity for buildings of this quality and size, which results in the comparables at either one end of the spectrum or the other. As such, they have presented a high, medium and low potential sales price. • In consideration of the lack of comparables and the potential for offers anywhere in the range, they are recommending that the property be listed for sale or lease, with the likely offer activity occurring in the leasing market. The $10.50 likely lease rate is in line with the BPO provided by JBL last year, at the time it relocated last year. • At its meeting of March 4, 2013, the Committee recommended that the Council approve the listing agreement for a one year term. The item is being brought forward at this time. The agreement covers a term of August 1, 2013 to July 31, 2014. .3?D ATTACHMENT: • Cassidy Turley Broker's Price Opinion and Listing Agreement enclosed without page number. Agenda Memo July 16, 2013 Eagan City Council Meeting H. SPECIAL ASSESSMENT POLICY UPDATE ACTION TO BE CONSIDERED: Approve an update to the City of Eagan's Special Assessment Policy addressing the special assessment of street sign replacement costs and authorize immediate implementation of said policy amendment. FACTS: • In 1989, the Public Works Department incorporated a Pavement Management System (PMS) to help identify, inventory, and track the structural performance and condition of the City's public street system. The PMS enabled the development of the City's Pavement Management Program (PMP) which addresses the application of various bituminous pavement maintenance strategies to extend the overall expected life cycle of the City's street system in the most economical and efficient manner. • On February 19, 1991, the City Council adopted a Special Assessments Policy and initiated implementation of the policy on all applicable public improvements thereafter using special assessments as authorized by Minnesota Statutes, Section 429. The Special Assessments Policy addresses some of the street maintenance methods and strategies incorporated as part of the PMP. • The Federal Highway Administration's Manual of Uniform Traffic Control Devices (adopted by the State of MN) requires that all agencies maintain a certain level of retro- reflectivity of their street and traffic signs, and that these agencies have a replacement plan in place to ensure signs meet these requirements. The City of Eagan's ongoing long -term plan is to replace all street and traffic signs in conjunction with street improvements. • The replacement of street and traffic signs provides a benefit to the adjacent properties within the street improvement neighborhoods, similar to the benefit received from some of the PMP street maintenance methods and strategies currently addressed by the City's assessment policy. Accordingly, it would be appropriate to also assess a portion of the street and traffic sign replacement costs to the adjacent benefiting properties. • The additional assessable cost for the replacement of street and traffic signs has been estimated for a typical single - family residential street improvement assessment of $800 to $1,300 to be approximately $2 to $10 per assessment. • Upon approval, this revised special assessment policy would be identified in preliminary feasibility reports and public hearings for all assessable street improvements. • An amendment to Attachment D: Street Reconstruction/Maintenance Improvements — Assessable Cost Ratios of the City of Eagan's Special Assessments Policy with the addition of traffic /street signage replacement ratios has been prepared by the Engineering Division and is in order for favorable Council action. ATTACHMENTS: • Draft Special Assessment Policy Amendment — Attachment D, page 40 . J� _ d r V is Q _ O L a r. .1+ N _ O v .Fr d L H N O O d ca wN W N a c O C O U CC C 4-+ N > N O Ln CL d E .- L1 N In C L fV 4°- m C � N cr (A N a) m o +� ai UA L ai Q N (0 L L � O u L � N L U 0 v1 \ N � C 0• u v +1 bn ° O 0 E +, 0 0 C .� E O E C N E =3 O 0- LU bA N 0 _U N a) U c � v Q N E v ° In v Q O Ha w I 1 I I I I v O i C O i C C i 0 H 1 I I I I I I 1 I CIO CIO CIO E3 1 I 1 1 I 1 � � 0 10 X10 0 10 0 3 00100 00100 COIOO A HIrl TIH HIS y I I I I 1 I me 1 I 1 I 1 I O f, of of 0 10 if ►. R \I o LnIO \I\ Ln CIO 010 �.. 1 Ln i 1 1 1 I w H I I 1 I 1 I 1 I �y ��, CL 0 R 0 I I I 1 1 I 1 : 0 O O I O MI� o I o o I o v R 01 0 1s 0 0 r W 3 o 3 I I I L 1 I I w p I I I I I 1 IL I I I C 1 I I {L 0 C a O w 1 I 1 I 1 I W H C v 0 1 0 0 1 0 0 1 0 E w > p!j R O' O O' O O' O r m to CL I I I I I I C O C I 1 I I I I 0 O d U e o o o of 2 H o LL Iu Iu Iu I I 1 I 1 I fD Vf '� 41 Y C C aj i a 4► U1 m O o0c U d \ J N N O a_ O C N wc,o 0° o N� E E +' o a �0 ° �D o o _1 a Z 2 11 U U c O C O U CC C 4-+ N > N O Ln CL d E .- L1 N In C L fV 4°- m C � N cr (A N a) m o +� ai UA L ai Q N (0 L L � O u L � N L U 0 v1 \ N � C 0• u v +1 bn ° O 0 E +, 0 0 C .� E O E C N E =3 O 0- LU bA N 0 _U N a) U c � v Q N E v ° In v Q O Ha Agenda Information Memo July 16, 2013 Eagan City Council Meeting I. CONTRACT 13 -06 CITY -WIDE PARKING LOT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 13 -06 (2013 City -Wide Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 15, 2013. FACTS: • Contract 13 -06 provides for the construction of parking lot /trail improvements in the areas of: o Blackhawk Park o Burr Oaks Park o Holz Farm Park o Kettle Park o Pilot Knob Park o Thomas Lake Park o Woodhaven Park o various City facility service drives as programmed for 2013 in the City's 5 -Year Capital Improvement Program (2013- 2017). • On June 5, 2012, the City Council approved the 5 -Year Capital Improvement Plan (2013 -2017) and authorized the preparation of detailed plans and specifications for these improvements to be constructed in 2013. • The plans and specifications have been completed by Public Works Department staff (Engineering), and are being presented to the City Council for their approval and authorization for the advertisement of bids. qj Agenda Information Memo July 16, 2013 Eagan City Council Meeting J. MOBILE311 SOFTWARE AGREEMENT ACTION TO BE CONSIDERED: Approve an agreement with Mobile311, LLC to provide software, implementation and other consulting services and authorize the Mayor and Deputy City Cleric to execute all related documents. FACTS: • The Public Works Department is responsible for the maintenance and repairs of the local public right -of -way /streets and utilities infrastructure. The department utilizes a variety of computer hardware and software to conduct its operations and recognizes the need for greater implementation of technology to enhance operational efficiencies. • Mobile311, LLC provides software which allows personnel in the field to quickly record maintenance and repair work items with Global Positioning System (GPS) technology and electronically initiate the standard work flow process. • The annual cost for the software is based on the quantity of users accessing the software. In 2013, this cost will be $1,440. In addition, there is a one -time implementation cost of $500 and Mobile3ll, LLC will provide consulting/training services for a cost of $1,000. The total cost of $2,940 would be addressed by the 2013 Transportation Operations Division's (Dept 22) operating budget. • The customer agreement has been reviewed by the City Attorney and Public Works Department staff and is in order for favorable Council consideration. L_l a Agenda Information Memo July 16, 2013 Eagan City Council Meeting K. CEDAR GROVE REDEVELOPMENT AREA (EAST END) EASEMENT VACATIONS ACTION TO BE CONSIDERED: Initiate the vacation of public easements located on a portion of the northeast 1/4 of Section 19, Township 17, Range 23, Dakota County (Cedar Grove Redevelopment Area) and schedule a public hearing to be held on August 20, 2013. FACTS: • In conjunction with the redevelopment of the East End of the Cedar Grove Redevelopment Area, there is a need to vacate miscellaneous and no longer needed public easements located on Economic Development Authority property, including that which is legally described as Lot 1, Block 1, Cedar Grove Parkway, and Lot 2, Block 1, and Outlot A, Cedarvale 2nd Addition. This easement vacation initiation has been prepared and submitted for Council consideration to schedule a public hearing on August 20, 2013. • The purpose of the vacations is to allow the recording of a final plat of approximately five acres for the proposed Stonebridge residential /commercial development. • The vacations would vacate all of the public drainage and utility easements within this portion of the Cedar Grove Redevelopment Area. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The new final plat will dedicate right -of -way and drainage and utility easements that will adequately address public purposes. The proposed plat is also scheduled for Council consideration on August 20, 2013. • Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Location Map, page 44 . L'� N PROJECT LOCATION East End S�0P. Gp� v> �P0 Q� O �u Description of Easements to be vacated: All public easements over, under and across the following parcels: Lot 1, Block 1, Cedar Grove Parkway Lot 2, Block 1, Cedarvale 2nd Addition OutlotA, Cedarvale 2nd Addition L: \USERS \ENGINEER \Easements \Cedar Grove Area (East End) City of Eap Cedar Grove Area (East End) Easement O�A Vacation Fig. 1 7/09/2013 Agenda Information Memo July 16, 2013 Eagan City Council Meeting L. CEDAR GROVE REDEVELOPMENT AREA (EAST END) CEDARVALE BOULEVARD — RIGHT -OF -WAY VACATION ACTION TO BE CONSIDERED: Initiate the vacation of public right -of -way (Cedarvale Boulevard) located on a portion of the northeast 1/4 of Section 19, Township 17, Range 23, Dakota County (Cedar Grove Redevelopment Area) and schedule a public hearing to be held on August 20, 2013. FACTS: • In conjunction with the redevelopment of the East End of the Cedar Grove Redevelopment Area, there is a need to vacate a portion of Cedar Grove Boulevard (formerly known as Cedarvale Boulevard) public right -of -way adjacent to Economic Development Authority property, including that which is legally described as Lot 1, Block 1, Cedar Grove Parkway, and Outlot A, Cedarvale 2nd Addition. This right -of- way vacation initiation has been prepared and submitted for Council consideration to schedule a public hearing on August 20, 2013. • The purpose of the right -of -way vacation is to allow the incorporation of this right -of- way into the final plat of approximately five acres for the proposed Stonebridge residential /commercial development. • The proposed plat is also scheduled for Council consideration on August 20, 2013. • Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: Location Map, page . O\ ?v \ k1b PROJECT LOCATION �e Jae �o �G G�pP Description of right -of -way to be vacated: That part of Cedarvale Boulevard abutting the northerly boundaries of the following parcels: Lot 1, Block 1, Cedar Grove Parkway Lot 2, Block 1, Cedarvale 2nd Addition Outlot A Cedarvale 2nd Addition L:\ USERS \ENGINEER \Vacations \Cedarvale Boulevard lilfb� Cedarvale Boulevard - Fig. 1 Cedar Grove Area (East End) City of Eap Vacation of Public Right -of -Way q'o 7/09/2013 Agenda Information Memo July 16, 2013 Eagan City Council Meeting M. WELL FIELD DEVELOPMENT AGREEMENT AMENDMENT ARGOSY UNIVERSITY ACTION TO BE CONSIDERED: Approve the Amendment to the Well Field Development Agreement with Argosy University and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • The City of Eagan first entered into a Well Field Development Agreement with Unisys Corporation in February 1989 when the Unisys Park plat was approved. • The purpose of the agreement was to grant future easements for the City's proposed drinking water infrastructure within property encompassed by the Unisys Park plat in order to meet the community's future drinking water needs. • As subsequent subdivisions of the Unisys Park plat occurred and /or property was sold to other parties, the tenns and conditions of the agreement have been transferred to the new subdivisions and /or property owners within the original Unisys Park plat. • The agreement has been previously amended on two occasions as development activity transpired and build -out of the City's water supply infrastructure progressed. • This amendment was requested by the current owners of the Argosy University property and removes their property from the original agreement. City staff reviewed the property owner's request and determined that future easements for drinking water system infrastructure will not be required from this property. • The amendment has been reviewed by the City Attorney and Public Works Department staff and is in order for favorable Council consideration. 1�9 Agenda Information Memo July 16, 2013 City Council Meeting N. Approve a Memo of Understanding with the Minnesota Off -Road Cyclists for the Lexington Diffley Bike Park ACTION TO BE CONSIDERED: To authorize the Mayor and City Cleric to sign a Memo of Understanding (MOU) with the Minnesota Off -Road Cyclists (MORC) creating a partnership for the implementation of improvements and long term maintenance of the Lexington Diffley bike park. FACTS: • The bike park area at the Lexington Diffley fields has been a popular amenity for bike enthusiast and serves as an alternative to bringing bikes into the adjoining skate park. • Because the features are constructed of soil, consistent and timely maintenance is required. • The City has had informal agreements with a variety of volunteers to maintain the bike park, the success of which has varied. • MORC has a high level of expertise and variety of resources that would be available on a consistent basis through the MOU to assist with the maintenance and improvement of the bike park. • MORC members have been working with the City on an informal basis for nearly two years and have made a number of very positive changes to the park. • The MOU will define the roles of MORC and the City. No additional City expenditures will be required other than those already allocated for routine maintenance. • The MOU is modeled after similar agreements MORC has entered into with other governmental entities. • The City Attorney has reviewed the MOU. MORC has provided the requested proof of insurance for their volunteers and named the City as an additional insured. • The term of the initial agreement is for one year. It can be extended upon mutual consent or terminated by either party with appropriate notice. ATTACHMENTS: A copy of the agreement is attached on pages qq through S), . MEMORANDUM OF UNDERSTANDING BETWEEN THE Eagan, MN AND THE MINNESOTA OFF -ROAD CYCLISTS Eagan Bike Park - City of Eagan, MN INTRODUCTION AND PURPOSE The City of Eagan, MN ( "City ") and the Minnesota Off -Road Cyclists (MORC) are interested in promoting off -road cycling as an outdoor recreation and fitness activity. MORC and the City will partner in developing and maintaining quality trails and bike parks for off -road cyclists of all ability levels at West Draw Park. This memorandum identifies specific projects, including the design and construction of bike park features, bike park maintenance, and mountain bike patrol activities at the Eagan Bike Park located within the Lexington - Diffley athletic complex, which MORC volunteers have agreed to provide as service to the City of Eagan, establishes the responsibilities and conditions under which that volunteer service will be provided, and delineates the responsibilities of the City. SCOPE OF THE AGREEMENT Ownership of Improvements All improvements, constructed on City park property, shall be, and remain the property of the City. All materials, including records, data, and other information acquired, developed or documented under this MOU shall be the property of the originating party, unless otherwise mutually agreed upon by both parties. The MORC agrees to maintain all data received from the City in the same manner as the City as required under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Term of Agreement The term of this MOU shall start July 15, 2013, and extend through December 31, 2014. The City and MORC can subsequently agree to extend this agreement on an annual calendar year basis with the written approval of both parties. MORC Volunteers Volunteers assigned to work under this agreement at the Eagan Bike Park are volunteers of MORC and are covered under the policies and procedures of MORC in relation to volunteer organization and management. Volunteers are not employees of or individual volunteers of the City, however they will receive training enabling them to represent the relationship between MORC and the City. MORC Responsibilities 1. Provide technical support to the City in determining the location and design of technical features, berms, rollers, and jumps for the Bike Park, consistent with the planned ability level of bike parks in accordance with the International Mountain Bike Association (IMBA) guidelines. 2. Provide and supervise volunteers in the construction of approved technical features, berms, rollers, jumps and alignment changes. L19 • Utilize tools owned by MORC and the City tools that may be made available by the designated City Maintenance or Parks Supervisor. • Technical features, berms, jumps and alignment changes must conform to IMBA guidelines and the City approved designs. • Train and supervise volunteers in appropriate construction techniques in accordance with IMBA guidelines. • Identify a crew leader and submit name to the designated City Park Maintenance Supervisor. • Coordinate work schedule and on -site public notification, when needed, with the designated Park Maintenance Supervisor. • MORC volunteers may use bikes in the on -site planning and testing of technical features, berms, rollers and jumps prior to official bike park opening as coordinated with the Park Maintenance Supervisor. 3. Provide volunteers to assist with the inspection and hand -work maintenance of the trail. • Seasonally submit a schedule identifying minimum timetable for park observation /inspection to the City for approval. • Ensure that all volunteers have received training in bike park inspection and maintenance responsibilities as well as an orientation to the City. • MORC volunteers are authorized to sculpt and /or remove dirt as need throughout the bike park. • Perform routine maintenance activities. In the event that MORC is unable to safely and promptly address an identified issue that may create an unsafe situation, the MORC volunteer should notify the City Maintenance Supervisor on duty. 4. Work with the City in developing a routine inspection log report sheet for use by volunteers for the regularly scheduled inspections that will identify desired items for inspection and implement the use of this report sheet in the regular inspection of bike park. • Copies of reports should be submitted to the City Parks Maintenance Supervisor. 5. Prior to making any bike park, pumptrack or dirt jump alignment changes, submit recommendations to the City for any significant alignment changes that may contemplated by MORC in carrying out the volunteer duties as outlined in the MOU. Changes that do not need the City's approval are within 5 feet of the existing jump line centerlines and shorter 20 feet in length. 6. Recommend to the City for consideration the types, location and language for jump line /pump track directional, cautionary and informational signs and install (if requested by the City). 7. A designated MORC representative(s) may make recommendations to the City's Maintenance Supervisor as to when to close and re -open the bike park due to poor conditions or other unforeseen circumstances observed during bike patrol or maintenance activities. 8. Hold Harmless Agreement Each party agrees that it will be responsible for its own acts and the results thereof and shall not be responsible for the acts of the other party and the results thereof. Each party, therefore, agrees that it will assume all risk and liability to itself, its agents or employees, for the injury to persons or property resulting in any manner from the conduct of its own operations, and the operation of its agents or employees under this agreement, for any loss, cost, damage, or expense resulting at any time from any and all causes due to any acts or acts of negligence, or the failure to exercise proper precautions, of or by itself or its own agents or its own employees, while occupying or visiting the premises under and pursuant to the agreement. The MORC agrees to defend and indemnify the City, and its officers, employees, and agents, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the MORC's performance or failure to perform its obligations under this Agreement; but only to the extent caused in whole or in part by the negligent acts, errors, or omissions of the MORC or anyone for whose acts the MORC may be liable. Nothing in this agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes Chapter 466 or a waiver of any available immunities or defenses for the City. 9. Insurance Prior to execution of this agreement by the City, MORC shall furnish the City with a properly executed certificate of insurance naming the City as an insured and provide that such insurance shall not be canceled, except on 30 days prior written notice to the City. MORC must maintain a minimum of $1,000,000 in commercial general liability insurance. 10. MORC may not interfere with the enjoyment of park users and must abide by City's Ordinances. CITY OF EAGAN RESPONSIBILITIES: 1. To review and approve design and implementation plans for all agreed to volunteer activities. 2. To provide materials, to be used in the construction of approved technical features, dirt jumps, rollers and pumptrack features. 3. To loan hand -tools for construction and maintenance activities, upon request and approval of designated by the City Park Maintenance Supervisor, if available. 4. To provide the City maintenance staff support for approved work on a schedule agreed to by the City Park Maintenance Supervisor. 5. To review and approve recommended technical feature designs, jumps, rollers and pumptrack feature construction schedules and bike park maintenance schedules. 6. To recognize MORC's contributions for bike park design and construction and volunteer maintenance, support in appropriate signage at an appropriate location in a manner approved by the City and to be coordinated through the Park Operations Supervisor. 7. To display a message about the MORC organization and event opportunities in manner approved by the City at a location approved by the designated Park Operations Supervisor. 8. To authorize MORC to have an informational display /booth at the trailhead up to six times per year for the purposes of providing information about MORC memberships and mountain biking events, as approved and coordinated with the City Facility Operations Supervisor. Informational displays may also be approved for the City permitted bike park events. Requests for a permit for direct financial solicitation (membership sales) must be approved in advance by the City Board of Commissioners. 9. To notify MORC of bike park closures or events which affect the use of the bike park for posting on the MORC web site. Termination of Agreement This MOU may be terminated by either party upon delivery of 30 -day written notice to the other party. Amendment of Agreement This MOU shall not be altered, changed or amended except by written mutual agreement of the parties MORC Contacts / MOU Administration Reed Smidt, President PO Box 19520 Minneapolis, MN 55419 -0520 Cell: 763 - 232 -2666 presi d entCZDmorcmtb. org City of Eagan Contacts /MOU Administration Superintendent of Parks, Paul Olson City of Eagan 3501 Coachman Point Eagan, MN 55122 Office: (651) 676 -5513 polson@cityofeagan.com Chance Glasford, Bike Park Steward Cell: 605 - 216 -5676 cglasfordOgmail.com Park Maintenance and Operations Supervisors 651 - 675 -5300 5I IN WITNESS WHEREOF, the parties have entered into this Memorandum of Understanding as of this day of .'2013. City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 By: Mike Maguire Title: Mayor Minnesota Off -Road Cyclists PO Box 19520 Minneapolis, Minnesota 55419 -0520 By: _ Title: By: Cheryl L. Stevenson Attest: Title: Deputy City Clerk Agenda Information Memo July 16, 2013, Eagan City Council Meeting 0. APPROVE AccessEagan NON- ECLUSIVE ACCESS AND USE AGREEMENT WITH VELOCITY TELEPHONE, INC. ACTION TO BE CONSIDERED: Approve AccessEagan non - exclusive Access and Use Agreement with Velocity Telephone, Inc. and authorize the Mayor and Clerk to sign; and further authorize the Director of Communications or IT Manager to execute all necessary work schedules to implement subsequent fiber extensions with the concurrence of the City Attorney. FACTS: • With approval, Velocity Telephone will become the third provider to come onto the AccessEagan wholesale fiber network. On May 21, and July 2, 2013, the Eagan City Council approved identical agreements with Frontier Communications and Arvig Enterprises. • Velocity Telephone, Inc. is a Minnesota -based telephone, data and Internet provider and corporation in good standing with the Secretary of State's Office. It provides high -tech communications solutions to residential and business customers along with local customer service and support. • Velocity is excited to add AccessEagan's 16.2 miles of high performance fiber to Velocity's network that it markets under the name Eagan Community Fiber. • AccessEagan was authorized and installed in two phases in 2011. • Extending City fiber and duct to key business areas of Eagan was a key recommendation endorsed and funded by the City Council in 2011, making capacity from that fiber available for open access lease by any provider offering telecommunications services to Eagan businesses and agreeing to the terms and conditions for use of the network. • Nearly nine out of ten Eagan businesses surveyed say that high speed Internet connections are important to their business. • As Velocity begins selling services to customers, it is important to note that that to avoid market delays, the agreement provides that subsequent work schedules may be approved by indentified City staff. These schedules extend the final connection to businesses contracted by Velocity to use AccessEagan fiber. City approval of these schedules is conditioned on the concurrence of the City Attorney. ATTACHMENTS: (0): • Due to the length of the Access & Use Agreement, the master agreement is on file with the City Clerk. 53 Agenda Information Memo July 16, 2013 Eagan City Council Meeting CONSENT AGENDA: P. APPROVE OFF -SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR DAISY PETROLEUM, INC., LOCATED AT 4198 PILOT KNOB ROAD ACTION TO BE CONSIDERED: To approve the Off -Sale 3.2 percent malt liquor (beer) License for Daisy Petroleum, Inc., located at 4198 Pilot Knob Road. FACTS: • Daisy Petroleum, Inc. has applied for an off -sale 3.2 percent malt liquor (beer) license. • The partners of the corporation are shown as: Birsel Erten at 95% and Damla Erten at 5 %. • 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 license. ATTACHMENTS: (0) 54 Agenda Information Memo July 16, 2013 Eagan City Council Meeting PUBLIC HEARING A. LAKE SHORE TOWNHOMES EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a public ponding easement located on property in the East '/2 of the West %2 of Section 10, Township 27, Range 23, and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • On May 30, 2013, City staff received a petition from Ms. Kari Gill, representing the property owner, Dakota County CDA, requesting the vacation of a public ponding easement (Dakota County Easement No. 374875) on property identified as PIN 10- 01000- 570 -11 in the East %2 of the West' /2 of Section 10 in north- central Eagan. • The purpose of the request is to allow the recording of a final plat of the properties for the proposed Lakeshore Townhomes development (adjacent to LeMay Lake) as a residential development by Dalcota County CDA. The vacation of the easement would clean up the proposed plat by avoiding any underlying recorded dedications. • The final plat of Lakeshore Townhomes will address and incorporate all necessary public drainage and utility easements on this property. • The final subdivision for this development is being considered at the regular Council meeting on July 16, 2013. • All notices have been published in the legal newspaper and sent to all potentially affected or interested parties, including private utility owners, informing them of this public hearing. No objections were received. • This vacation request has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page�Q . • Easement Vacation Legal Description, graphic, page 59 56 494 9- Lij ry �LL. I EASEMENT VACATION LOCATION E_ 11 `' MENDOTA HEIGHTS LONE OAK RD. F/I�q YANKEE DOODLE RD.1 llpl CITY OF EAGAN Fig. 1 Cilyflapn Proposed Ponding Easement Vacation Location Map 1319 Jurdy Road s� 5128/2011 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 16, 2013 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. RATIFY Findings of Fact to Approve the Real Estate Purchase Agreement between the Eagan EDA and Jensen and Jensen LLC for the Sale of EDA Property at 3830 Sibley Memorial Highway 3. RATIFY Findings of Fact to Approve the Real Estate Purchase Agreement between the Eagan EDA and Stonebridge Development and Acquisition LLC for the area defined by the Preliminary Concept Plan dated June 25, 2013 4. AUTHORIZE Staff and the City Attorney to Obtain/Grant the Necessary Easements for the Proposed Stonebridge Development D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN J8 Agenda Information Memo Eagan Economic Development Authority Meeting July 16, 2013 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the July 2, 2013 EDA meeting are enclosed on pages (.o � through (03 . 2. RATIFY Findings of Fact to Approve the Real Estate Purchase Agreement between the Eagan EDA and Jensen and Jensen LLC for the Sale of EDA Property at 3830 Sibley Memorial Highway — At its meeting of July 2, 2013, the EDA Board directed the preparation of findings of fact to approve the purchase agreement between the EDA and Jensens for the sale of the remainder of the former credit union property for expansion of parking and remodeling of Jensens Supper Club. A copy of the resolution is enclosed on pages (OL4 through (o(p . 3. RATIFY Findings of Fact to Approve the Real Estate Purchase Agreement between the Eagan EDA and Stonebridge Development and Acquisition LLC for the area defined by the Preliminary Concept Plan dated June 25, 2013 - At its meeting of July 2, 2013, the EDA Board directed the preparation of findings of fact to approve the purchase agreement between the EDA and Stonebridge Development for the sale of the property at the east end of the Cedar Grove Redevelopment Core Area for the development of a mixed use apartment- retail project on the site. A copy of the resolution is enclosed on pages l.Q9 through vJJ . 59 4. AUTHORIZE Staff and the City Attorney to Obtain /Grant the Necessary Easements for the Proposed Stonebridge Development — Stonebridge is in the process of taking the next steps necessary to submit the Planned Development application to implement the its proposed Cedar Grove redevelopment project. As the EDA is aware, the preliminary concept plan for the project involves cross access easements between the Stonebridge site, Jensens Supper Club and Cedarvale Lanes. Stonebridge has opened discussions with the other owners about the form, location and details of the easements, but the company would not be able to execute easements in advance of closing on the property. Since the EDA is the owner of the property until that time, staff is requesting authorization to work with the City Attorney to obtain and /or grant the necessary easements in advance of closing, so they can be incorporated into the background and exhibits for the application review process. (0 C) MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 2, 2013 A meeting of the Eagan Economic Development Authority was held on Tuesday, June 4, 2013 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Osberg, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Hansen moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It is recommended to approve the minutes of June 4, 2013 EDA meeting as presented. 2. It is recommended to ratify agreement with Braun Intertec to prepare a remediation action plan for the EDA property at Cedar Grove Boulevard and Cedar Grove Parkway. There was no Old Business. OLD BUSINESS NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT— PUBLIC HEARING REGARDING SALE OF PROPERTY FOR JENSENS RESTAURANT PARKING EXPANSION Community Development Director Hohenstein introduced the item noting the property under consideration is located adjacent to the Jensens Supper Club, the former credit union parcel at 3830 Sibley Memorial Highway. Earlier this year the EDA was approached by Doron Jensen of Jensen and Jensen to purchase the property for an expansion of parking for the business. Hohenstein noted the Council at that time approved a preliminary site plan and directed staff to have the City Attorney draft and negotiate with Mr. Jensen a purchase agreement for the property and to ask Mr. Jensen to bring forward building elevations to further illustrate what would be done if the sale is completed. Mr. Jensen has submitted the elevations and signage items. The applicant, Doron Jensen gave an overview of the request and was available for questions. z Commissioner Hansen moved, Commissioner Tilley seconded a motion to close the public hearing and direct the preparation of findings of fact to approve a real estate purchase agreement between the Eagan EDA and Jensen and Jensen Properties, LLC for the sale of EDA property at 3830 Sibley Memorial Highway. Aye:5 Nay:0 Commissioner Hansen moved, Commissioner Tilley seconded a motion to approve the Jensens Preliminary Redevelopment Concept Plan elevations dated June 25, 2013, for the redevelopment of property in the core area of the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT — PUBLIC HEARING REGARDING SALE OF PROPERTY FOR STONEBRIDGE APARTMENT DEVELOPMENT PROJECT Community Development Director Hohenstein introduced the item noting the 4.8 acre property is on the east end of the Cedar Grove Redevelopment. Earlier this year the EDA was approached by Wally Johnson on behalf of Stonebridge Companies proposing to build a 180 unit market rate apartment building with up to 14,000 sf. of attached in -line retail. Per Council's direction, the EDA has authorized the City Attorney to request an opinion of the market value range of proposed sales by the City's appraiser, BRKW. The appraiser has confirmed that the proposed purchase price is within the fair market range for a sale of property for this use. Hohenstein noted in consideration of the proposed application of SAC credits to this project, Stonebridge has submitted a project pro forma to the EDA's redevelopment financing advisors, Ehlers and Associates, who performed a review of the analysis and concluded that the assumptions and outcomes are reasonable for the nature and scope of the project. Rebecca Kurtz of Ehlers and Associates was available for questions. Wally Johnson of Stonebridge Companies gave a presentation of the elevations and was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the Stonebridge sale or concept plan. There being no public comment, he turned the discussion back to the Council. Community Development Director Hohenstein noted his recent conversations with the owners of Cedarvale Lanes, Doron Jensen of Jensens Supper Club and Wally Johnson of Stonebridge regarding the east and north access on the property. The general concept is one main entrance on the north serving both Jensens Supper Club and Stonebridge and one main access on the east serving both Cedarvale Lanes and Stonebridge. Commissioner Fields moved, Commissioner Bakken seconded a motion to close the public hearing and direct the preparation of findings of fact to approve a real estate purchase agreement between the Eagan EDA and Stonebridge Development and Acquisition LLC for the area defined by the Preliminary Concept Plan. Aye: 5 Nay: 0 Commissioner Fields moved, Commissioner Bakken seconded a motion to approve the Stonebridge Companies Preliminary Redevelopment Concept Plan elevations dated June 25, 2013, for the redevelopment of property in the core area of the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 o There was no Other Business. OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date b---� David M. Osberg, Executive Director BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Sale of Property to Jensen & Jensen Properties, LLC FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION This matter came before the Eagan Economic Development Authority (the "EDA ") at its meeting of July 2, 2013. The EDA received and considered public comment; input from City staff, the opinion of value from the EDA's Appraiser, Paul J. Gleason; as well as the Sale and Purchase Agreement proposed by Jensen & Jensen Properties, LLC (hereinafter "Jensen ") Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area (the "Redevelopment District "), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning modifications to create a Special Area, the adoption of Cedar Grove District building standards, and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA approved the establishment of the Redevelopment District and the City Council approved the creation and establishment of a Tax Increment Financing District referred to as Tax Increment Financing District No. 1 (the "TIF District ") in connection with the Cedar Grove Redevelopment Area, all pursuant to the authority granted by Minnesota Statutes, Sections 469,090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts "), (P`4 3. Pursuant to the Acts on or about October 2, 2001, the EDA approved the adoption of and the City Council approved a Redevelopment Plan (the "Redevelopment Plan ") and a tax increment financing plan (the "TIF Plan ") to finance a portion of the public redevelopment costs of the Redevelopment District, The TIF Plan was certified on July 22, 2003. 4. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has previously determined to provide substantial aid and assistance through the financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 5. Prior to the creation of the Redevelopment District, the EDA and the City of Eagan elected not to acquire the restaurant adjacent to the Property owned by Jensen and instead believed that the restaurant was consistent with the Redevelopment Plan for the Redevelopment District. 6. In furtherance of the EDA's objectives, a conceptual development proposal was presented by Jensen to acquire Outlot D, Paragon Addition (hereinafter the "Property ") for the expansion of Jensen's adjacent restaurant including additional signage, an outdoor patio and parking lot renovation and expansion (hereinafter the "Proposed Improvements ") 7. The Proposed Improvements are consistent with the Redevelopment Plan. 8. Under the proposed purchase agreement, Jensen will acquire the Property for approximately $319,870.00, subject to credits for the dedication by Jensen of a trail easement to further the overall pedestrian traffic for the Redevelopment District (the "Purchase Terms "). 9. To confirm that the Purchase Terms represent a fair market value transaction, the EDA has retained the services of appraiser Paul J. Gleason. Mr. Gleason has provided a 2 (JVL- Restricted Use Appraisal Report to the City Attorney and has offered an opinion that the Purchase Terms reflect a fair market value transaction between the EDA and Jensen. 10. Mr. Gleason has provided an evaluation report to the City Attorney and has offered an opinion that the Purchase Terms for the Property reflect a fair market value transaction between the EDA and Jensen. CONCLUSIONS 1. The Purchase and Sale Agreement proposed by Jensen to expand its adjacent restaurant, create new signage, provide parking lot expansion and including a potential outdoor patio are consistent with the EDA's objectives to redevelop the Redevelopment District in accordance with the Redevelopment Plan. RESOLUTION The EDA does hereby approve the sale of the Property within the Redevelopment District to Jensen & Jensen Properties, LLC for expansion of the adjacent restaurant and furtherance of redevelopment for the Redevelopment District. Dated at Eagan, Minnesota this 16th day of July 2013. 9 no EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Mike Maguire President By: David M. Osberg Executive Director BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Sale of Property to Stonebridge Development and Acquisition, LLC FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION This matter came before the Eagan Economic Development Authority (the "EDA ") at its meeting of July 2, 2013. The EDA received and considered public comment; input from City staff; the opinion of value from the EDA's Appraiser, Paul J. Gleason; the materials from the EDA's Financial Consultants Ehlers and Associates, Inc.; as well as the Sale and Purchase Agreement proposed by Stonebridge Development and Acquisition, LLC (hereinafter "Stonebridge "). Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area (the "Redevelopment District "), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning modifications to create a Special Area, the adoption of Cedar Grove District building standards, and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA approved the establishment of the Redevelopment District and the City Council approved the creation and establishment of a Tax Increment Financing District referred to as Tax Increment Financing District No. 1 (the "TIF District ") in connection with the Cedar Grove Redevelopment Area, all pursuant to the (0-9 authority granted by Minnesota Statutes, Sections 469,090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts "), 3. Pursuant to the Acts on or about October 2, 2001, the EDA approved the adoption of and the City Council approved a Redevelopment Plan (the "Redevelopment Plan ") and a tax increment financing plan (the "TIF Plan ") to finance a portion of the public redevelopment costs of the Redevelopment District, The TIF Plan was certified on July 22, 2003. 4. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has previously determined to provide substantial aid and assistance through the financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 5. Since the creation of the Redevelopment District, the City has worked with redevelopers and most recently Pratt Development, Inc. to solicit proposals for development of the Redevelopment District. With the downturn in the economy, proposals to develop within the Redevelopment District have been limited. 6. In furtherance of the EDA's objectives, a conceptual development proposal was presented by Stonebridge to acquire approximately 4.8 acres of land legally described on Exhibit "A" and depicted on Exhibit `B" (hereinafter the "Property ") for the construction of a market rate apartments and approximately 12,000 sq, ft. of retail (the "Proposed Development "). 7. The sale of Property to accomplish the Proposed Development will cause an increase in the tax capacity of the Redevelopment District resulting in significant tax increment to reimburse the EDA for prior expenditures within the Redevelopment District. 2 o$ 8. The Proposed Development will also create additional job opportunities within the Redevelopment District which is also consistent with the Redevelopment Plan. 9. The Proposed Development is also consistent with the Redevelopment Plan as it will to provide a multiple store building with dense development. 10. Under the proposed purchase agreement, Stonebridge will acquire the Property for $1,800,000.00 and the EDA will provide sanitary area charge credits in the amount of $264,000.00 (the "Purchase Terms "), which credits are available as part of the demolition of existing buildings within the Redevelopment District. To confirm that the Purchase Terms represent a fair market value transaction, the EDA has retained the services of appraiser Paul J. Gleason. Mr. Gleason has provided a Restricted Use Appraisal Report to the City Attorney and has offered an opinion that the Purchase Terms reflect a fair market value transaction between the EDA and Stonebridge. 11. The City's financial consultant, Ehlers & Associates, Inc., has similarly provided a "But For" analysis and has confirmed that the Purchase Terms are consistent with current market conditions and that the Proposed Development may not reasonably be expected to occur solely through private investment without the assistance of the EDA and the corresponding sanitary area credits. CONCLUSIONS 1. The Purchase and Sale Agreement proposed by Stonebridge to develop approximately 180 market rate residential apartments and approximately 12,000 sq. ft. of retail is consistent with the EDA's objectives to redevelop the Redevelopment District in accordance with the Redevelopment Plan. 3 (09 2. The Purchase Terms for the Property, including the contribution by the EDA of the sanitary area credits, are fair and reasonable and represent a fair market value transaction. RESOLUTION The EDA does hereby approve the sale of the Property to Stonebridge Development and Acquisition, LLC for construction of approximately 180 market rate apartments and approximately 12,000 square feet of retail. Dated at Eagan, Minnesota this 16th day of July 2013. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Mike Maguire President By: David M. Osberg Executive Director 11 EXHIBIT "A" • Lot 1 Block 1 Cedar Grove Pkwy • Lot 2 Block 1 Cedarvale 2nd Addition • Outlot A Cedarvale 2nd Addition • SECTION 19, TOWNSHIP 27, RANGE 23 PT OF NE 1/4 COM 609.74 FT S & S 38D 27M 22S W 11.31 FT OF NE COR N 44D 36M 10S W 249.80 FT TO PT OF BEG S 47D 52M 26S W 150 FT N 44D 36M 10S W 290.40 FT NE & PARR TO SE R/W SH #13 150 FT S 44D 36M 10S E 290.40 FT TO PT OF BEG • SECTION 19, TOWNSHIP 27, RANGE 23 PT OF NE 1/4 COM 609.74 FT S & S 38D 27M 22 S W 11.31 FT OF NE COR S 38D 27M 22S W 150.98 FT N 44D 36M 105 W 274.60 FT N 47D 52M 26S E 150 FT S 44D 36M l OS E 249.80 FT TO BEG t] I Ia Exhibit B Agenda Information Memo Eagan Economic Development Authority Meeting July 16, 2013 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. q-a)