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08/20/2013 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING AUGUST 20, 2013 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) —q—A. APPROVE MINUTES Q B. PERSONNEL ITEMS 11 C. APPROVE Check Registers l a D. APPROVE a resolution to accept a donation of $200 from Alerus Financial for the Fire Department and authorize the necessary budget adjustment E. AUTHORIZE staff to apply for a SAFER grant for weekday firefighters l"I F. APPROVE a Resolution to accept a donation of Halloween related items from 360 Communities for use during Parks & Recreation Halloween events G. APPROVE Master Services Agreement to change service providers for all analog phone lines to Integra Telecom aU H. ADOPT a Resolution accepting a donation from the United States Police K -9 Association I. APPROVE Temporary On -Sale Liquor License and Waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 20 and 21, 2013 c4l J. APPROVE Exempt Permit for Caring Souls to hold a raffle on November 26, 2013 at 2956 Center Court ,�A(P K. APPROVE Cost Share Agreement with Dakota County for election hardware, software and related services 3) L. AWARD City Contract No. 13 -05 (Cedar Grove Parking Garage – Construction) �3 M. AWARD City Contract No. 13 -06 (Citywide Parking Lot Improvements) N. APPROVE Consultant Agreement with Multivista for Project No.1126 (Cedar Grove Parking Garage – Inspection) O. RECEIVE Final Assessment Report for Project No. 1102 – Weston Hills/ Weston Hills 2 "d – Street Improvements and Schedule Public Hearing for September 17, 2013 59 P. RECEIVE Final Assessment Report for Project No. 1103 – Lexington Pointe 8t" -1 0th – Street Improvements and Schedule Public Hearing for September 17, 2013 So Q. RECEIVE Final Assessment Report for Project No. 1104 – Oak Ridge Family Housing (Clemson Drive) – Street Improvements and Schedule Public Hearing for September 17, 2013 �39 R. RECEIVE Final Assessment Report for Project No. 1112 - Wenzel 1St/ Deerwood Ponds- Street Improvements and Schedule Public Hearing for September 17, 2013 S. RECEIVE Final Assessment Report for Project No. 1113 - Norvin Oaks- Street Improvements and Schedule Public Hearing for September 17, 2013 T. Item removed U. APPROVE a Sound Amplification Permit for an outdoor event for Maggie Mell and John Schonberg on September 6, 2013 �8 V. APPROVE On -Sale Liquor License and Sunday Liquor for Erika Aranda doing business as Fiesta Cancun Mexican Grill and Bar, 4250 Lexington Avenue South Suite 111 V. PUBLIC HEARINGS _jC1__A. VACATION of Public Easements – Cedar Grove Area (East End) 51 B. VACATION of Public Right-of-Way– Cedarvale Boulevard –Cedar Grove Area (East End) VI. OLD BUSINESS l�/ I � ►LATl37��[►L =��� VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE /X. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER 3 B. ADOPT AGENDA STC. CONSENT AGENDA 1. APPROVE EDA Minutes 2. AUTHORIZE Retention of Legal Counsel for Special Legislation for Cedar Grove Redevelopment TI District D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development Xl. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 9 401� City of Eagan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: AUGUST 16, 2013 SUBJECT: AGENDA INFORMATION FOR AUGUST 20, 2013 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 20, 2013 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 20, 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 August 5, 2013, City Council meeting as presented or modified. ATTACHMENTS: • Minutes of August 5, 2013, City Council meeting are enclosed on pages 'S through �I . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 5, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Councilmembers Bakken, Fields and Hansen. Mayor Maguire arrived at 6:12 p.m. Councilmember Tilley was absent. A regular meeting of the Eagan City Council was held on Monday, August 5, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen. Also present were City Administrator Osberg, Director of Community Development Hohenstein, City Planner Ridley, City Engineer Gorder, Director of Parks and Recreation Johnson, Director of Communications Garrison, Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations. CONSENT AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the amended minutes of June 25 and the minutes of July 16, 2013. B. There were no Personnel Items to approve. C. It was recommended to approve check registers dated July 19 and July 26, 2013. D. It was recommended to Cancel the November 12, 2013 Special City Council Meeting E. Item removed F. It was recommended to adopt a Proclamation recognizing August 6, 2013, as "National Night Out" in Eagan G. It was recommended to approve a Joint Powers Agreement between the City of Eagan and the St. Paul Port Authority to implement and administer a Property Assessed Clean Energy Program (MN PACE) on behalf of the City of Eagan H. It was recommended to approve funding of the Holden property purchase and related architectural consulting from General Fund balance I. It was recommended to approve a Sound Amplification Permit and Waiver of fee for an outdoor event for Faithful Shepherd on September 21, 2013 J. It was recommended to direct Research of Senior Housing Zoning and Development Standards for Future Consideration of Related City Code Amendments K. It was recommended to approve a Resolution to accept a donation of $1,245 from Minnesota Energy to purchase a gas monitor and authorize the necessary budget adjustment Is City Council Meeting Minutes August 5, 2013 2 page L. It was recommended to approve the contract with Buske Group to conduct Cable Franchise Needs Assessment M. It is recommended to receive a Petition to Vacate Public Drainage & Utility Easements, Lot 1, Block 1 Parkview Golf Club, and Schedule Public Hearing for September 3, 2013 N. It is recommended to approve the Inflow & Infiltration (I &I) Program Surcharge Appeals 0. It is recommended to award City Contract No. 13 -07 (Citywide Trail Improvements) P. It is recommended to award City Contract No. 14 -02 (CM Campus Backup Power) Q. It is recommended to approve the Water Quality Cost -Share Partnership Program with All Saints Lutheran Church - Parking Lot Biofiltration R. It is recommended to approve a Resolution designating the Port Authority to implement and administer a Property Assessed Clean Energy improvement financing on behalf of the City of Eagan, and providing for the imposition of special assessments as needed in connection with that program S. It is recommended the extension of Final Plat Recording (Kennerick 4t" Addition) PUBLIC HEARINGS There were no public hearings to be heard. There was no old business to be heard. OLD BUSINESS NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT — GRATUS DEVELOPMENT City Administrator Osberg introduced the item noting the Council is being asked to consider a Comprehensive Guide Plan Amendment to change the land use designation from Special Area /Major Office to Special Area /Mixed Uses for approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. The property has been zoned Agriculture since 1959, with a single - family home built in 1958 present in the southwest corner of the site. The property has held various versions of commercial /office land use designations over the years — Research & Development, Office /Service, and most recently Major Office. Osberg noted a 2001 proposal by Target Corporation for a Community Shopping Center designation was denied by the City and a 2004 proposal for a Retail Commercial designation was reviewed by the Advisory Planning Commission and City Council, but withdrawn by the applicant. City Planner Ridley gave a staff report. The applicant, Mark McLane, was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the comprehensive guide plan amendment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation I City Council Meeting Minutes August 5, 2013 3 page from SA /MO (Special Area /Major Office) to SA /MU (Special Area /Mixed Use) for approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. Aye: 4 Nay: 0 CONDITIONAL USE PERMIT - AUTOWORX City Administrator Osberg introduced the item noting the Council is being asked to consider a Conditional Use Permit to allow outside storage of 15 vehicles and outside storage for no more than 75 tires for property located at 1904 Shawnee Road. City Planner Ridley gave a staff report noting City code requires outdoor storage be enclosed, located in a side or rear yard and screened from the public right -of -way. The proposed permit does not meet these conditions due to the location of the existing building. The Advisory Planning Commission held a Public Hearing on July 23, 2013, and is recommending approval. The applicant was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned the discussion back to the Council. Councilmembers Fields and Hansen commented on the appropriateness of the request. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outside storage of a maximum of 15 vehicles which may include: passenger vehicles, U- haul trucks, U -haul trailers, limousines, limousine buses, shuttle buses and carpet cleaning vans and no more than 75 tires for property at 1904 Shawnee Road, subject to the following conditions: Aye:4 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 cancels and supersedes the Conditional Use Permit issued in 2006 for outdoor storage of metal materials and airline equipment; and is in addition to the Conditional Use Permit issued in 2009 to allow a dog daycare and grooming facility with overnight boarding and outdoor runs, located on the eastern end unit of the building. 3. The applicant shall submit a revised Site Plan identifying the vehicle storage area with 60 or 90 degree parking stalls and the tire storage area on the site as depicted on the Site Plan submitted July 8, 2013. 4. The outdoor storage is limited to a maximum of 15 vehicles, which may include: passenger vehicles, U -haul trucks, U -haul trailers, limousines, limousine buses, shuttle buses and carpet cleaning vans located in the parking lot on the southeast side of the building and a tire enclosure located south of the building. 5. The fabric netting for the chain link fence shall be kept in premium condition. Replacement of the fabric netting shall occur immediately if it falls into disrepair. 6. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code standards. A revised Site Plan shall show the trash enclosure if one is to be constructed. 9 City Council Meeting Minutes August 5, 2013 4 page PLANNED DEVELOPMENT AMENDMENT — ZIRNHELT PROPERTIES (POWER SYSTEMS RESEARCH) City Administrator Osberg introduced the item noting this Planned Development was established in 1985. The Council is being asked to consider an amendment at 1365 Corporate Center Curve location to allow for a one -story 1,200 s.f. addition being proposed on the west side of the building to function as a research laboratory for Power Systems Research. City Planner Ridley gave a staff report noting the Advisory Planning Commission discussed the proposed one -story addition with consideration to the context of the existing two -story building, and multi -story nature of surrounding development. The APC recommended approval for the addition as proposed. The applicant Joe Zirnhelt, and Quinn Hutson, Architect, were available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment for a one -story 1,200 s.f. addition to the principal building for property located at 1365 Corporate Center Curve, subject to the following conditions: Aye: 4 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: • Site Plan • Elevations • Landscape Plan 2. The overhead door shall be painted to match the building. 3. Gates on the trash enclosure shall match the building in color. 4. Building address numbers shall be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire recognized Tuesday, August 6, 2013, as "National Night Out" in the City of Eagan. Police Chief McDonald noted there are 173 registered block parties for National Night Out. Chief McDonald reminded residents to turn on your lights, lock your door and go out and meet your neighbors. City Council Meeting Minutes August 5, 2013 5 page DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted all seven of the Paragon Outlets buildings have been issued Building Permits. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:01 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk a Agenda Information Memo August 20, 2013 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title James, Kathryn Cascade Bay Lifeguard Anderson, Brian Kendall, Samuel Narum, Lydia Ronchak, Ethan Cascade Bay Pool Attendant Cascade Bay Pool Attendant Cascade Bay Pool Attendant Cascade Bay Pool Attendant [D Agenda Information Memo August 20, 2013 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 2 and 9, 2013 as presented. ATTACHMENTS: • Check register dated August 2, 2013 are enclosed without page number • Check register dated August 9, 2013 are enclosed without page number Agenda Memo August 20, 2013 Regular City Council Meeting CONSENT AGENDA: D. APPROVE A RESOLUTION TO ACCEPT A DONATION OF $200 FROM ALERUS FOR THE FIRE DEPARTMENT AND AUTHORIZE THE NECESSARY BUDGET ADJUSTMENTS ACTION TO BE CONSIDERED: APPROVE a resolution to accept a donation of $200 from Alerus for the Fire Department and authorize the necessary budget adjustments. FACTS: • Alerus Financial recently sent the fire department a $200 cash donation from their "Build a Community" program. • By approving these donations the 2013 Fire Department Equipment budget would receive a corresponding budget adjustment reflecting the donation. • The funds will be spent for additional replacement fire helmets. • A thank you letter will be sent to both groups from the fire department. ATTACHMENTS: Resolution on page Q) EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3 83 0 Pilot Knob Road, in said City on August 20th, 2013, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Alerus Financial has offered to donate $200 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Alerus for the gracious and generous donation. ADOPTED this 20th day of August, 2013 Mike Maguire, Mayor ATTEST: Christina Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. `3 Agenda Memo August 20th, 2013 Regular City Council Meeting CONSENT AGENDA: E. AUTHORIZE STAFF TO APPLY FOR A SAFER GRANT FOR WEEKDAY FIREFIGHTERS ACTION TO BE CONSIDERED: Authorize staff to apply for a SAFER grant for weekday firefighters. FACTS: • The Federal Government recently opened a grant applicant for Staffing for Adequate Fire and Emergency Response (SAFER) grant. • The SAFER grant pays for 100% of wages and benefits for the first two years with the agreement that the city continues the positions for at least two more years. • Estimated total annual cost of the four firefighter positions for wages and benefits is $324,924 per year and $87,669.63 per year for the one Captains position. • If the City should be successful in being offered /awarded the grant, Council action would be required to formally accept the grant. • This is very similar to the COPS grants and is dedicated to hiring new firefighters or rehiring firefighters that have been laid off. • The Eagan Fire Department has long maintained one of the largest paid -on- call or volunteer fire departments in the State of Minnesota. As we celebrate our 50th year of service we are facing a staffing challenge that is similar to many volunteer departments in the nation. We are losing volunteer firefighters at an alarming rate. For the past six years (2007 -2012) Eagan is averaging a turnover of 14.6 firefighters per year. Our greatest challenge is weekday coverage when our call volume peaks and our staffing is at its lowest. • This SAFER Grant request is for one fire Captain and four firefighters /EMT's for weekday coverage. Without this grant and the addition of these positions, we cannot effectively and efficiently protect our community during weekday incidents. • From 2003 -2012 we had 124 firefighters resign from our department. We have a very active recruitment committee that has been very creative in finding applicants for our annual recruitment class. Unfortunately typically there are only a handful of day available applicants and for our 2013 -14 recruit class we have zero day applicants for our recruit class. H This has placed the Eagan Fire Department in a staffing crisis point particularly for our weekday response. Eagan is authorized a staffing of 150 paid -on -call firefighters who are assigned to one of our five fire stations. However, as is the case in many cities, our ability to recruit and retain these qualified firefighters gets more challenging each year. As families struggle to make ends meet and to support personal activities many of our paid -on -call firefighters no longer have the ability to devote the time needed to be successful and safe in the fire service. Our highest staffing level ever was 120 in 2008, which lasted only a few months. We usually average just under a total of 100 firefighters with the majority being available weeknights and weekends. We currently have a total of 20 paid -on -call gday firefighters on paper. Out of the 20, three are unemployed and hoping to find daytime employment that would change their availability with our department. An additional three are within a year of planning to leave our department. And of the twenty day firefighters, the vast majority work afternoon shifts at their regular jobs and are not available for Eagan calls after 1pm. 56% of all of our calls occur between 6am -6pm and our busiest peak call times are 11 am -6pm, the same timeframe that we have the least availability of paid -on -call firefighters. Due to this weekday coverage crisis, In 2011 Eagan started a pilot Duty Crew program that allows up to 3 of our paid -on -call firefighters to sign up for Duty Crew shifts on weekdays from gam -noon or noon -4pm for a hourly rate of $11 /hour. Due to staffing issues (only have a pool of 20 available paid -on -call firefighters to staff from) we often operate with less than three firefighters and the afternoon shift varies from 1 -2 duty crew members. This number is not enough for even a defensive fire attack response. There have been some weekday calls when no one else shows up at the fire stations for paged calls to assist with staffing. This includes a recent structure fire during a weekday when stations were paged numerous times and no one was available to respond. This leaves us well below the NFPA Standard of having a minimum of 2 firefighters inside a structure and 2 as a back -up crew. Eagan also has 4.5 full -time administrative staff that when available can respond to significant calls. The admin staff includes Fire Chief, (2) Deputy Chief's, Fire Inspector and a part-time Fire Prevention Specialist. All are certified firefighters but have their full -time responsibilities to take care of vs. responding to all fire /rescue calls. Weekdays we are averaging 4 -5 firefighters per call which includes our admin staff responding when they can and night /weekend calls we average 11 paid - on -call firefighters per call. With our frequent and mass turnover of firefighters, many of our day available firefighters are very inexperienced and we have very few day available officers to provide the necessary leadership during emergency calls. Without the addition of a daytime Captain position we cannot ensure that we have a qualified and confident Company Officer available that is aware of the identity, location and activity of each member of an assigned fire company. With the successful approval of this grant we would hire one Captain and four firefighters to work week days. This would allow us to have an experienced fire company officer on -shift along with four experienced firefighters that would help us ensure to meet the NFPA minimum staffing guidelines of 2 firefighters in a structure, with 2 firefighters out of the structure and arrival within the NFPA standards. This full -time staff would still be augmented by the 20 paid -on -call day firefighters as available and our auto /mutual aid firefighters when available (currently many of our neighboring volunteer departments experience the same weekday staffing shortage as we do). The addition of five fulltime firefighters would help provide a stable, well trained force to help ensure an efficient and effective response. ATTACHMENTS: • None ��O Agenda Memo August 20, 2013 City Council Meeting F. APPROVE a Resolution to accept a donation of Halloween related items from 360 Communities for use durinst the Parks & Recreation Halloween events in October ACTION TO BE CONSIDERED: To approve a Resolution to accept a donation of Halloween related items from 360 Communities for use during the Parks & Recreation Halloween events in October. FACTS: • Several Halloween related items were donated to 360 Communities by Walmart, however these items were not able to be used by them. City staff was approached by 360 Communities to see if Parks & Recreation could use these Halloween related items instead. • The donated items include: 0 200 Halloween costumes 0 100 plastic round pumpkin buckets for trick or treating 0 30 -40 paint -a- pumpkin craft kits 0 20 -40 decorated artificial pumpkins o Miscellaneous Halloween decorations or prizes • The youth Halloween costumes will be used for a new Reuse /Recycle Costume Swap that will be held at the Eagan Community Center on October 12. The public will be invited to donate a clean, gently used youth costume between October 7 -10 and will be given a ticket to return on October 12 to select a new /reused costume in exchange. If a costume is not donated, people can still shop for and buy a new /reused costume on October 12 for a nominal fee. • The pumpkin buckets, craft kits and decorated pumpkins will be used as prizes for the annual Halloween Hodgepodge event scheduled for Sunday, October 27. The miscellaneous Halloween decorations and prizes will be used during the Halloween Hodgepodge event as well. • The value of this donation is estimated at $1,000. ATTACHMENTS: QQ • Resolution attached on page U �9 CITY OF EAGAN RESOLUTION TO ACCEPT A DONATION OF HALLOWEEN RELATED ITEMS FROM 360 COMMUNITIES WHEREAS, 360 Communities has expressed an interest in donating Halloween related items that could be used in various Parks & Recreation programs or events; and WHEREAS, the City of Eagan will be able to use the donated costumes as part of a new Reuse /Recycle Costume Swap that will be held at the Eagan Community Center on October 12 and open to the public to purchase new or gently used Halloween costumes; and WHEREAS, the City of Eagan offers an annual Halloween event that will be able to use several of the donated items as prizes and /or decorations at their October 27 Halloween Hodgepodge event. NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the donation of 200 Halloween costumes, 100 plastic round pumpkin buckets, 30 pumpkin craft kits, 30 decorated artificial pumpkins and miscellaneous Halloween decorations or prizes to be used during the Reuse/Recycle Costume Swap and the Halloween Hodgepodge event. The estimated value of the donation is $1,000. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20`x' day of August, 2013. City Clerk • Agenda Information Memo August 20, 2013 City Council Meeting CONSENT AGENDA: G: APPROVE MASTER SERVICES AGREEMENT TO CHANGE SERVICE PROVIDERS FOR ALL ANALOG PHONE LINES TO INTEGRA TELECOM ACTION TO BE CONSIDERED: Approve Master Services Agreement to change service providers for all analog phone lines to Integra Telecom. FACTS: The City currently uses a combination of vendors (Integra, TDS and Century Link) to supply phone service for multiple municipal buildings throughout the City. The City would like to streamline down to one vendor is because the management of the phone service would become easier, poor customer service from existing provider and the City would gain cost savings of approximately $1,800 per year. The City is proposing to enter into a master service agreement with Integra Telecom to provide service to our analog phone lines. Integra Telecom currently provides service to two PRI's (Primary Rate Interface) that tie into our Cisco phone system. These PRI's provide us with call -out and call -in phone service outside the Cisco phone system and provide us with our 651 - 675 -5xxx calling block. From February 2011 to October 2012, TDS has over - charged the City $7,053.60 for three T1 lines that were shutdown. The problems started when the City installed the new phone system in February of 2011 but were still billed by TDS until October of 2012. After multiple requests to fix their billing system, TDS credited the City $2,776.56 but would not credit the full amount. Thus, leaving the City pick up the remainder of the $4,277.04 bill for services that the City never used. The City is currently in year two of a three -year contract with TDS for the 35 of the 44 analog lines. In order to break the contract, the City will have to pay an early termination fee of $1,848. Integra Telecom, the potential new provider, has agreed to cover these early termination fees. The City will also receive a one -time credit from Integra Telecom for $1,589.81 for one free month of service for signing the contract. Monthly on -going savings will be about $152.41 or roughly $1,800 per year. ATTACHMENTS: To view the proposed contract please contact the City Administrator's office. tq Agenda Information Memo August 20, 2013 Eagan City Council Meeting CONSENT AGENDA H. Adopt a Resolution accepting a donation from the United States Police K -9 Association. ACTION TO BE CONSIDERED: Approve a Resolution accepting a donation of $1,250.00 from the United States Police K -9 Association. FACTS: • On June 30, 2013, the Eagan Police Department, along with Region 18 of the United States Police K -9 Association hosted the annual certification of police K -9's in the area. • This annual certification is mandatory for police K -9's in the United States. • The host agency receives 50% of the registration fees from all attendees. These funds are to be used by the host department for any K -9 related activities or expenses. • This year's amount is $1,250.00. The department requests a budget adjustment to 1104 -6476 for this amount to be used for K -9 training. ATTACHMENTS Resolution on page a .r CITY OF EAGAN RESOLUTION ACCEPTING A DONATION TO THE EAGAN POLICE DEPARTMENT United States Police K -9 Association WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the United States Police K -9 Association has presented the police department with a donation in the amount of $1,250.00. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two - thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City's police department; BE IT FURTHER RESOLVED, that the City sincerely thanks the United States Police K -9 Association for their gracious and generous donation. ADOPTED this 20th day of August, 2013. Motion by: Seconded by: Those in Favor: Those Against: Date: JA CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Information Memo August 20, 2013, Eagan City Council Meeting I. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE THE LICENSE FEE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL'S SEPTEMBERFEST ON SEPTEMBER 20 AND 21, 2013. ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 20 and 21, 2013. FACTS: ➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for Septemberfest event planned for September 20 and 21, 2013. The event will be held on the school grounds, located at 3355 Columbia Drive. ➢ Faithful Shepherd Catholic School has requested the City Council waive the $150.00 license fee. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (1): A letter from Faithful Shepherd Catholic School is attached on page e)3 Eagar June 6, 2013 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: t nual Block Party I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license for the weekend of September 20 -21, 2013. We are holding our seventh annual "Septemberfest" at Faithful Shepherd Catholic School and Tri- Parish Center. The purpose of "Septemberfest" is fundraising. All proceeds from the event will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcohol beverages. Our site plan and security plan is attached. The stage will once again be at the end of the canopy so that the noise will be projected to the Northeast. If you have any questions, I can be reached at 612- 414 -0499. Thank you for your consideration. ctfully submitted, Todd Corbo & Robin Hicks - Corbo Chairs, Eagan's Septemberfest d3 Agenda Information Memo August 20, 2013, Eagan City Council Meeting J. APPROVE EXEMPT PERMIT FOR CARING SOULS TO HOLD A RAFFLE ON NOVEMBER 26, 2013 AT 2956 CENTER COURT ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for Caring Souls to conduct a raffle on November 26, 2013 at 2956 Center Court. FACTS: ➢ Caring Souls, a non - profit based in Eagan, has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page a5 (The application is available from the Office of the City Clerk.) ai� RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT CARING SOULS WHERAS, Caring Souls has applied for an Exempt Permit to conduct a raffle on November 26, 2013; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for Caring Souls to conduct a raffle on November 26, 2013 at 2956 Center Court. Motion by: Seconded by: Those in favor: Those against: Date: August 20, 2013 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of August, 2013. City Clerk ()15 Agenda Information Memo August 20, 2013, Eagan City Council Meeting K. APPROVE COST SHARE AGREEMENT WITH DAKOTA COUNTY FOR ELECTION HARDWARE, SOFTWARE AND RELATED SERVICES ACTION TO BE CONSIDERED: Approve a Cost Share Agreement with Dakota County for election hardware, software and related services. FACTS: ➢ Dakota County is planning a countywide replacement of vote tabulator equipment. The existing vote tabulators were purchased in 1999. It is necessary for all precincts within Dakota County to use the same election equipment. ➢ In 2011, the City Council approved a resolution for the cooperative purchase of election equipment. ➢ The proposed agreement addresses the purchase, maintenance and use of the equipment by the County and City. ➢ The equipment replacement expenditure is included in the City's Part II CIP. Dakota County has received a Help America Vote Act (HAVA) grant for the equipment purchase. The City and County will each pay 50 percent of the replacement cost after the HAVA funds have been applied. The City's portion of the equipment purchase is budgeted to be about $50,000. ➢ The City Attorney's Office has reviewed the agreement and found it in order for approval. ATTACHMENTS (1): The proposed agreement is on pages a� to c COST SHARE AGREEMENT BETWEEEN CITY OF EAGAN AND COUNTY OF DAKOTA FOR ELECTION HARDWARE, SOFTWARE AND RELATED SERVICES This Agreement is entered into by and between the City of Eagan (City), 3830 Pilot Knob Road, Eagan, MN 55122, and County of Dakota (County), 1590 Highway 55, Hastings, MN 55033, collectively referred to as the Parties. WHEREAS, pursuant to Minn. Stat. § 471.59, two or more governmental units, by agreement through action of their governing bodies, may jointly exercise powers common to the governmental units; and WHEREAS, under Minnesota law the parties are empowered to purchase, use and maintain election hardware, software and related services. NOW, THEREFORE, in consideration of the premises and covenants contained herein and subject to the provisions of Minn. Stat. § 471.59, the Parties agree as follows: I. Purpose. The purpose of this Agreement is to authorize the County to purchase election hardware, software and related services for the Parties and to establish the obligations of the Parties with respect to their use and maintenance. II. Term. This Agreement shall be effective upon execution by both of the Parties and shall continue in effect until terminated as provided in Paragraph VI. III. Duties of the County. A. Solicitation. In conformance with the provisions of Minnesota law, the County will prepare a Request for Proposals (RFP) for an electronic voting system that meets the requirements of Minn. Stat. § 206.57, to be used by all local government units in Dakota County, including the Parties. The County will consult with all such local governmental units in preparation of the RFP. The solicitation will consist of a competitive process consistent with state law applicable to such solicitation. The RFP will include vendor - supplied technical maintenance and regular maintenance and upgrades of the election hardware and software, wherever stored, for at least five years from the date of purchase, including assurances of sufficient parts, supplies and accessories, warranty service, and trade -in allowance for all electronic voting systems owned by the Parties. B. Award of Contract. The final decision on the vendor to whom the contract shall be awarded will be made by the Dakota County Board of Commissioners. The contract will be awarded to a vendor whose proposal meets all of the standards for voting systems required by Minnesota law. The County will defend and indemnify the City, its elected officials, employees and /or agents and hold them harmless from all claims and damages arising out of the solicitation process and the award of contract for the election hardware, software and related services. C)q C. Repairs and Maintenance. The County will arrange for all necessary repairs, maintenance and upgrades to the election hardware and software between election seasons. D. Purchase and Delivery. The County will arrange for the purchase and delivery of 23 election hardware and software packages to the City. E. Licenses. The County will obtain all licenses and other rights necessary for the City to use the election hardware and software for its intended use. The County will defend and indemnify the City, its elected officials, employees and /or agents and hold them harmless from all claims and damages arising out of any license, copyright or other intellectual property right. F. Insurance. The County will include the election hardware and software on its commercial property casualty insurance coverage. G. Ownership. The County will own the election hardware and software purchased pursuant to this Agreement, regardless of where the election hardware and software may be stored or used. H. Storage and Handling. The County will be primarily responsible for storing and handling the election hardware and software between City -held elections. IV. Duties of the Citv. A. Existing Election Hardware and Software. The County will use all existing ballot tabulation equipment and ballot boxes as a trade -in for credit, if possible, in connection with the purchase of election hardware and software. To the extent the City has ballot tabulation equipment or ballot boxes in its possession, it will turn such equipment over to the County. B. Storage, Handling and Service. The City will provide safe storage and handling of the election hardware and software when such equipment is in the City's possession. The City will report any needed hardware and software maintenance, in writing, to the County. Any election hardware or software problems on election days may be reported to the County orally. C. Payment. Upon award of the contract, the County will first equally apply all of its Help America Vote Act (HAVA) funds on hand (estimated to be $528,000) and trade -in credit received, if any, to each of the election hardware and software packages purchased. The City will pay the County fifty percent (50 %) of the remaining cost for the 23 election hardware and software packages purchased by the County for the City. Payment by the City to the County will be made in three equal annual installments, without interest, beginning the first day of the month immediately following delivery of the election hardware and software packages to the City. The City may prepay installments at any time without penalty. The City will pay to the County its pro rata share of the annual maintenance costs for the election equipment. Pro rata share is determined by dividing the total number of election hardware and software packages purchased by the County by the number of packages purchased for the City. The City will pay the County within 45 days receipt of an invoice from the County. I V. Termination. This Agreement shall remain in effect until the occurrence of any one of the following events: A. Termination is necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. B. The Agreement entered into pursuant to Paragraph III. B. above has expired or has otherwise been terminated. C. Parties mutually agree to terminate Agreement. IN WITNESS WHEREOF, the City and the County have caused this Agreement to be executed on their behalf. County of Dakota Lo City of Eagan : Kathleen Gaylord Mike Maguire County Board Chair Mayor Attest: Kelly Olson Sr. Admin. Coordinator to the Board Approved as to form: Assistant County Attorney /Date KS13 -111 Cost Share Agreement for Election Equip (KAS 3- 12 -13) Eagan (EF) LUR 1 Christina M. Scipioni Clerk Agenda Information Memo August 20, 2013 Eagan City Council Meeting L. CONTRACT 13 -05, CEDAR GROVE PARKING GARAGE ACTION TO BE CONSIDERED: Receive the bids for Contract 13 -05 (Cedar Grove Parking Garage) and award the contract to PCL Construction Services, Inc., in the base bid amount of $17,736,000.00, not including Deduct Alternates No. 1, IA, 2, 3, 4 or 5, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On February 5, 2013, the Eagan Economic Development Authority (EDA) approved a Consulting Engineering Services Agreement with Walker Parking Consultants /Engineers, Inc. for the necessary engineering and architectural design services related to the Cedar Grove Parking Garage. A condition of the purchase agreement between the EDA and Paragon was to construct a public parking structure adjacent to the Paragon Outlets property, one of the purposes of which will be to provide for a portion of the outlet shopping center's parking needs. • City Contract No. 13 -05 provides for the construction of a public parking structure on the north side of Cedar Grove Parkway adjacent to the Paragon Outlets property. The proposed project includes a structure that provides 1,543 parking stalls and is designed with two levels, with the structural capacity to add a third level in the future. Access will be from both Cedar Grove Parkway (upper level) and the new Eagan Outlets Parkway (lower level). • On June 11, 2013, the City Council approved plans and specifications, and authorized the advertisement of bids. • At 2:00 p.m. on August 15, formal bids from each bidder were received for this project. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid of PCL Construction Services, Inc., has been reviewed by the Public Works and Community Development Departments and is in order for favorable Council action. ATTACHMENTS: • Bid Summary Tabulation, page • Deduct Alternates Summary, page. BID SUMMARY CEDAR GROVE PARKING GARAGE CITY CONTRACT 13 -05 Bid Date/ Time: 2:00 p.m., Thursday, August 15, 2013 Totals $17,736,000 $20,000,000 -11.3% J, Total Contractors Base Alt.1 Alt. 1A Alt.2 Alt.3 Alt.4 Alt.5 Bid PCL Construction $17,736,000 $287,000 $157,000 $ 60,000 $236,000 $257,000 $-0- Services, Inc. Donlar Construction $18,680,000 $200,000 $102,000 $ 58,000 $230,000 $284,000 $ -0- Company Adolfson & Peterson $18,836,000 $200,700 $102,200 $ 58,500 $245,700 $272,100 $ -0- Knutson Construction $18,992,000 $273,000 $183,000 $ 58,000 $242,000 $257,000 $ 89,000 Services, Inc. Graham Construction $19,300,000 $161,800 $349,000 $ 7,900 $246,400 $245,900 $ -0- Services, Inc. Totals $17,736,000 $20,000,000 -11.3% J, CEDAR GROVE PARKING GARAGE DEDUCT ALTERNATIVES SUMMARY The bid proposal for the Cedar Grove Parking Garage included Deduct Alternatives for the Council's consideration due to uncertainties with the bidding climate at the time of the advertisement for bids. The Base Bid included all of the proposed parking garage construction and related work, while the Deduct Alternatives provided components of the proposed parking garage construction and related work that could be deleted while maintaining the overall functionality of the parking garage. Awarding a contract for the Base Bid and any of the Deduct Alternatives would be expected to reduce the cost of the contract. The Base Bid alone provides the most advantageous, or preferred, parking garage option. Deduct Alternate No. 1: Deduct cost of complete metal security screen frame assembly for all building openings. All of the openings, or "windows," within the wall of the parking garage were designed to have a full screen to prohibit access through said openings. This is recommended for security enhancement of the facility and supported by the Police Department, as well as, provides aesthetics for the structure. All costs associated with Deduct Alternate No. 1: $287,000 Deduct Alternate No. IA: Deduct cost of metal screen inserts into metal security screens. Similar to Deduct Alternate No. 1, this would include a portion of the screening, but would not entirely prohibit access through said openings. The aesthetics component would be maintained, but the security aspect would not be fully addressed. All costs associated with Deduct Alternate No. 1A: $157,000 Deduct Alternate No. 2: Delete cost of painting of interior parking area concrete ceiling (lower level). Painting of the ceiling is recommended for security enhancement of the facility as it reflects lighting and increases visibility and provides aesthetics for the structure. All costs associated with Deduct Alternate No. 2$60,000 Deduct Alternate No. 3: Deduct entire cost of all required equipment and associated improvements required to procure and install (West) Snow Melting system. Snow removal will be a critical operations feature throughout the winter season. Per standard design, the structure is not designed to store snow or to support large snow removal equipment, i.e. tandem snow plows. The urban design of the structure and the entire Cedar Grove Redevelopment Area limits snow storage on site. All snow from upper level will need to be hauled off site if not addressed by an on -site melting system. Supported by the Public Works Department. All costs associated with Deduct Alternate No. 3: $236,000 Deduct Alternate No. 4: Deduct entire cost of all required equipment and associated improvements required to procure and install (East) Snow Melting system. The size of the parking garage suggests the need for a minimum of two snow melters. The urban design of Eagan Outlets Parkway also limits snow storage on site. All snow from this public street will need to be hauled off site if not addressed by an on -site melting system. The East system is designed to also assist street snow removal. Supported by the Public Works Department. All costs associated with Deduct Alternate No. 4: $257,000 Deduct Alternate No. 5: Deduct entire cost to fill Block 1, Lot 2 with granular borrow material to finish grades to have site ready for development. This is recommended to create a parcel that is ready to be built on. All costs associated with Deduct Alternate No. 5: $0 _�D Agenda Information Memo August 20, 2013 Eagan City Council Meeting M. CONTRACT 13 -06, CITYWIDE PARKING LOT IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 13 -06 (Citywide Parking Lot Improvements) and award the contract to McNamara Contracting, Inc., in the base bid amount of $334,972.25, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The pavement and curb & gutter improvements for City parking lots and trails located at: • Blackhawk Park • Burr Oaks Park • Holz Farm Park • Kettle Park • Pilot Knob Park • Thomas Lake Park • Woodhaven Park • various City facility service drives are programmed for 2013 in the City's 5 -Year Capital Improvement Program (2013- 2017). • These projects have been combined under one contract (Citywide Parking Lot Improvements - Contract 13 -06), to increase economies of scale. On July 16, 2013, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 13 -06. • At 10:30 a.m. on August 15, formal bids from each bidder were received for this project. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid of McNamara Contracting, Inc., has been reviewed by the Engineering Division and is in order for favorable Council action. ATTACHMENTS: ff,, • Bid Summary Tabulation, page_:) I 33 BID SUMMARY 2013 CITY -WIDE PARKING LOT IMPROVEMENTS CITY CONTRACT 13 -06 Bid Date/ Time: 10:30 a.m., Thursday, August 15, 2013 Contractors Total Base Bid 1. McNamara Contracting, Inc. $ 334,972.25 2. Bituminous Roadways, Inc. $ 377,524.50 3 Ace Blacktop, Inc. $ 411,130.50 S� Agenda Information Memo August 20, 2013 Eagan City Council Meeting N. SOILS & MATERIALS TESTINGANSPECTIONS TECHNICAL SPECIALTIES SERVICES AGREEMENT ACTION TO BE CONSIDERED: Approve a Consulting Engineering Services Agreement with Multivista, LLC, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On January 3, 2008, the City Council approved 15 consulting engineering services contracts for Technical /Specialty Services for the City of Eagan for the next 5 -6 years, as part of the pool of approved consulting engineering firms in accordance with past practice. The City has a policy of soliciting and selecting the best qualified firms through a formal Solicitation of Qualifications (SOQ) and selection process. • The SOQ included nine categories of Technical /Specialty services for consulting firms. The specialty areas of services include Architectural, Communications, Electrical/1\4echanical, Land Surveying, and Traffic /Transportation, as well as others. • On June 11, 2013, the City Council approved plans and specifications, and authorized the advertisement of bids for City Contract 13 -05, the construction of a public parking structure on the north side of Cedar Grove Parkway adjacent to the Paragon Outlets property. The Council will consider the award of this contract, based upon the bids received, at this evening's meeting. • The Technical /Specialty Services include a category for Soils and Materials. This category addresses services for construction density and material testing, soil borings, pavement structural analysis /testing and related inspections. There are two consulting firms that are currently approved for such services. • While it is proposed that the City Council will consider a contract at a future meeting with one of the two firms that have a current Technical /Specialty Services (Soils and Materials) agreement with the City for testing and inspection services for Contract 13 -05, the parking structure, or any similar facility, was not considered when the original SOQ for the consulting engineering services was prepared. • Multivista provides photographic documentation of the construction of structural facilities. All documentation is indexed, utilizing a navigation system with inspection -grade digital photography to capture actual conditions throughout construction and at critical milestones. The photographic documentation is tied to the actual construction drawings, making such drawings interactive and accessible through a secure on -line interface during construction. Exterior progressions track the construction of building elevations and all work within the immediate vicinity of the exterior of the building, including site work. Interior progressions track all structural components, as well as, mechanical, electrical, plumbing and all other systems within walls and ceilings and will be documented for use after the completion, including long term maintenance and revisions /additions. • Upon the City Council's award of Contract 13 -05 for the construction of the Cedar Grove Parking Garage and the approval of said engineering services agreement, it is anticipated that a work order would be issued to Multivista, LLC, for the documentation of the construction of the parking facility at a cost of $23,460.00. This cost would be included with the contract costs for Project 1126 (Contract 13 -05). Agenda Information Memo August 20, 2013 Eagan City Council Meeting O. PROJECT 1102, WESTON HILLS 1sT & 2ND FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1102 (Weston Hills 1St & 2" Additions — Street Improvements) and schedule a public hearing to be held on September 17, 2013. FACTS: • Project 1102 provided for approximately 1.4 miles of street improvements on Weston Hills 1St & 2nd residential streets in southeast Eagan, as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 13 -03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 25% less than the estimate contained in the feasibility report presented at the public hearing held on January 15, 2013. 310 Agenda Information Memo August 20, 2013 Eagan City Council Meeting P. PROJECT 1103, LEXINGTON POINTE EIGHTH —TENTH FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1103 (Lexington Pointe Eighth —Tenth — Street Improvements) and schedule a public hearing to be held on September 17, 2013. FACTS: • Project 1103 provided for approximately 0.85 miles of street improvements on Trillium Court, Coneflower Court, Wildflower Court, Wildflower Lane, Jennifer Court, and Walnut Ridge Drive in south- central Eagan as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 13 -03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately equal to the estimate contained in the feasibility report presented at the public hearing held on January 15, 2013. 3� Agenda Information Memo August 20, 2013 Eagan City Council Meeting Q. PROJECT 1104, OAK RIDGE FAMILY HOUSING (CLEMSON DRIVE) FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1104 (Oak Ridge Family Housing (Clemson Drive) — Street Improvements) and schedule a public hearing to be held on September 17, 2013. FACTS: • Project 1104 provided for approximately 925 feet of residential street improvements on Clemson Drive in central Eagan as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 13 -03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 25% less than the estimate contained in the feasibility report presented at the public hearing held on January 2, 2013. 4 Agenda Information Memo August 20, 2013 Eagan City Council Meeting R. PROJECT 1112, WENZEL FIRST ADDITION/ DEERWOOD PONDS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1112 (Wenzel First Addition/ Deerwood Ponds — Street Improvements) and schedule a public hearing to be held on September 17, 2013. FACTS: • Project 1112 provided for approximately 0.7 mile of residential street improvements on Cashell Glenn and Wenzel Avenue, in central Eagan as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 13 -03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 25% less than the estimate contained in the feasibility report presented at the public hearing held on January 2, 2013. Agenda Information Memo August 20, 2013 Eagan City Council Meeting S. _PROJECT 1113, NORVIN OAKS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1113 (Norvin Oaks — Street Improvements) and schedule a public hearing to be held on September 17, 2013. FACTS: • Project 1113 provided for approximately 0.1 mile of street improvements on Rusten Road in southwestern Eagan as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 13 -03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 5% less than the estimate contained in the feasibility report presented at the public hearing held on January 2, 2013. LtD Consent Agenda Information Memo August 20, 2013 Eagan City Council Meeting U. SOUND AMPLIFICATION PERMIT — MAGGIE MELL & JOHN SCHONBERG ACTIONS TO BE CONSIDERED: APPROVE a Sound Amplification Permit for an outdoor event with electronic sound system /audio equipment use after 10 p.m. to be held on September 6, 2013 at 4085 Lexington Avenue South. FACTS: ➢ An outdoor event with musical entertainment past 10 p.m. requires a permit and approval from the City Council and is subject to the requirements outlined in City Code Chapter 10, Sec. 10.31. Eagan PD has reviewed and signed off on the application. ➢ Maggie Mell and John Schonberg are planning a fundraiser for the Dakota County Sheriff's Mounted Patrol on September 6, 2013. The live music for which the sound amplification permit is required is planned for Friday the 6th from 6:30 p.m. until 11:00 p.m. ➢ The event will be held within the 5400 s.f. riding arena, which is located on the east side of the property. The band and speakers will be set up in the northeast corner of the riding arena, and will be pointed southwest, away from the public right -of -way and toward the Mell /Schonberg properties. The riding arena property is zoned Agriculture. ➢ The Mell /Schonberg's also own the property to the south of 4085 Lexington Avenue South, addressed as 4115 Lexington Way. ➢ Surrounding uses within 1/ mile are single family residential to the north and south, park to the west, and multi - family residential and public facility to the east. The stage and amplification equipment will face southwest, toward the applicant's property. ➢ The event is by invitation only. No food, beverages or port-a- potties will be part of the event. There is a parking agreement with Crossroads Church to allow attendees to park at the church during the event. ATTACHMENTS: (2) Location Map on page �a A copy of the permit, site plan and radius map is attached on pages q3 tluough LA ') LA I 4 D_. - ®.�. is ®seseu��'� j SO II I W, ®;� ®® IN ®.111 ®11 ®1 ® ®1\ ® ®11 ®111 ®11®1 ®. ®1 ® ®1 ® ®1 ®11111111® �® ®1111 ®111111111111® ®® .� ®® h Pa rk IN r. ® ® ° ® ®•� �►`�1111 ®• 11111th ®� ® ®11®1w 111 •�: I of off oil 4 D_. City Eafilin of 3830 Pilot Knob Road Eagan MN 55122 Phone: (651) 675 -5690 Fax: (651) 675 -5694 Use BLUE or BLACK Ink r ----------------- For Office Use I I Permit #: j I i I Permit Fee: -$ -7S,Cc � I I I Date Received: jStaff: j -- - - -. - -J 2013 SOUND AMPLIFICATION PERMIT (OUTDOOR EVENTS AFTER 10PM) ✓ Eagan City Code Section 10.31 requires a permit for outdoor electronic sound system / audio equipment use after 10:OOPM. A completed written application meeting the requirements of Section 10.31, accompanied by a payment of $75.00 and a site plan must be filed with the Community Development Department three full weeks in advance of the City Council meeting at which it will be considered. A copy of Section 10.31 is attached for your use. ✓ Sound produced under the permit shall not exceed the maximum allowable sound pressure level as measured by Type 1 or 2 decibel meter, using the A- weighted fast response scale meeting ANSI Specifications, Section 1.4 – 1971. o 1/4 mile radius from the property line, 3 -5 feet above ground level – 55 decibels o 1/2 mile radius from the property line, 3 -5 feet above ground level – 50 decibels ✓ City Council approval is also required in instances where liquor will be present. In those cases, you may submit the liquor license application at the same time sound amplification permit so both may be considered at the same City Council meeting. ✓ PLEASE PRINT ALL INFORMATION REQUESTED ON THIS APPLICATION•• II / Name: Applicant (Individual Address:�� organizing �y // / event) Phone: b12— ' �S ! J5 '7� Alternative Phone: �e (Z - �.� j Fax: Email. ��1���/I �g11'f C C-6 Name individual C �N� �S responsible for event: J Contact phone Address: _ during the event: Event Contact Phone: Alternative Phone: Information* Fax: Email: * This person must be present at all times during the event and act as the on -site contact for City officials during the event. The applicant and the contact person shall be responsible for compliance with the terms and condition imposed by the permit and Section 10.31. The applicant or contact person shall maintain the permit on the permitted premises at all times during which the permitted electronic sound system or audio equipment is in use, The permit shall be presented to any City official or law enforcement officer upon demand. Address of event: 61 oeS C Purpose of event: S. i Date(s) of event & day(s) of the week: Event Details Times of event: Start i7 Finish: _1L.PIV 1 Set up begins at: (Date / Time) Maximum number of people in attendance on any day: M 15D Take down completed by: (Date / Time) 7T__N 2013 SOUND AMPLIFICATION PERMIT Page 1 of 3 1- 2) Description of electronic sound system or audio equipment: t �l7� rA\ C-r-of nY)Y) i1, c prn 01\3 �G�yl A Type of sound to be generated (live music, recorded music, announcements, speeches, etc): �cA Ln us ► C- S Sound will be generated during these hours each day: Name contractor /individual �l A4r7 (4111e-- responss ible for sound: Address: :1'( \A) CLTI FES Bkj�,h0 Phone: (��Z �%� ����� Alternative Phone Will there be hired speakers / performers at the event? Description of entertainment to be provided: 2-232- •/6( ❑ Yes ❑ No If yes, name individuals - �k � f1 11 V Name Address City / State / Zip Name Address Will food or alcohol be served at the event? If yes, describe: City / State/ Zip El Yes �>kNo NOTE: Additional Permits may be necessary Describe the event in detail. 4 S lJi'1 I i� ✓Vls , 1 y � GP 7�(a. i n ikD _ 4-- -Attach 2 copies of a Site Plan. Include location of tents, stages, booths, first aid / relief stations, dumpsters, portable toilets, sound amplification equipment, signs and banners. Be specific as to the placement of sound system speakers and the direction the sound will travel. NOTE: Additional Permits may be necessary 2013 SOUND AMPLIFICATION PERMIT Page 2 of 3 HL - List the cities in which the applicant or contact person has been issued a similar permit in the last five (5) years by this city or any other municipality or government entity with authority to issue such similar permit. Include contact information for the permitting entity and a statement as to whether the applicant or contact person was or was not in violation of any term or condition of the permit. The City Council may deny the permit if the proposed use of electronic sound system or audio equipment will adversely affect surrounding properties. The City Council may impose conditions upon the issuance of any permit that are reasonably related to ensure that the sound generated by the permitted sound system or audio equipment does not unreasonably disturb the persons and property surrounding the permitted location. I have received from the City of Eagan a copy of Eagan City Code 10.31 (Noisy Gatherings and Electronic Sound System Equipment) and will familiarize myself with the provisions contained within them. I hereby acknowledge that I have read this application, state the application is correct, and agree to comply with Eagan, MN laws regulating noise and electronic sound systems / audio equipment use after 10:00PM, and all other City Codes and State laws. X C, mC X Applicant' Printed Name Applicant's Si ature 12-, 13 Date FOR CITY OFFICE USE ONLY Character and nature of land uses underlying and adjacent to the land upon which the electronic sound system or audio equipment will be used: SOUT4 - 1F11�vuI -) `i &Y - flu B Ll C- P-►OcA LI V Beat: i-0 Has the applicant or contact person complied with the terms of previous or similar permits issued by another municipality or government agency during the last five years? Permit reviewed by: Comm ity evelopm� Police Approved by City Council: Date 2013 SOUND AMPLIFICATION PERMIT Page 3 of 3 t� Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 132 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 8/13/2013 SITE PLAN W I Outdoor Event with Amplified Sound 4085 Lexington Avenue Miles 0.25 0.5 Z\ N Agenda Information Memo August 20 2013, Eagan City Council Meeting V. APPROVE ON -SALE LIQUOR AND SUNDAY LICENSE FOR ERIKA ARANDA DOING BUSINESS AS FIESTA CANCUN MEXICAN GRILL AND BAR, 4250 LEXINGTON AVENUE SOUTH, SUITE 111 ACTION TO BE CONSIDERED: To approve the On -Sale Liquor and Sunday License for Erika Aranda, dba Fiesta Cancun Mexican Grill and Bar, located at 4250 Lexington Avenue South, Suite 111. FACTS: ➢ Erika Aranda has applied for an On -Sale Liquor and Sunday License to operate Fiesta Cancun Mexican Grill and Bar. ➢ The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the On -Sale Liquor and Sunday License. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) a Agenda Information Memo August 20, 2013 Eagan City Council Meeting PUBLIC HEARING A. CEDAR GROVE REDEVELOPMENT AREA (EAST END) EASEMENT VACATIONS ACTION TO BE CONSIDERED: Approve 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). FACTS: • On July 16, 2013, City staff initiated a petition 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 2 Addition, in conjunction with the redevelopment of the East End of the Cedar Grove Redevelopment Area, • 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 request 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 scheduled for Council consideration on September 17, 2013. Since the property is under City control, the easements can be vacated prior to the final plat with replacement easements. • All notices were published in the legal newspaper and sent to all potentially affected/ interested parties, including private utility owners, informing them of the public hearing on August 20. No objections were received. ATTACHMENTS: _ • Location Map with Legal Description, page 5 O L-`9 N PROJECT LOCATION O East End 10 N�oo�s ,NCO 0 0 �v 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 Outlot A, Cedarvale 2nd Addition L: \USERS \ENGINEER \Easements \Cedar Grove Area (East End) Cedar Grove Area (East End) City of Eagan Easement Vacation 510 Fig. 1 7/09/2013 Agenda Information Memo August 20, 2013 Eagan City Council Meeting B. CEDAR GROVE REDEVELOPMENT AREA (EAST END) RIGHT -OF -WAY VACATION ACTION TO BE CONSIDERED: Approve the vacation of public right -of -way (Cedar Grove Boulevard) located on a portion of the northeast 1/4 of Section 19, Township 17, Range 23, Dakota County (Cedar Grove Redevelopment Area). FACTS: • On July 16, 2013, City staff initiated a petition to vacate a portion of Cedar Grove Boulevard (formerly known as Cedarvale Boulevard) public right -of -way adjacent to Economic Development Authority property in conjunction with the redevelopment of the East End of the Cedar Grove Redevelopment Area, • 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 request would vacate all of the public right -of -way required for the proposed development of the property. • Adequate public right -of -way will remain adjacent to the development to accommodate the existing public street and boulevard. • The proposed plat is scheduled for Council consideration on September 17, 2013. • All notices were published in the legal newspaper and sent to all potentially affected/ interested parties, including private utility owners, informing them of the public hearing on August 20. No objections were received. ATTACHMENTS: • Location Map with Legal Description, page J 51 N J� PROJECT LOCATION PQ st En �O `GOBS O O �v 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 Cedarvale Boulevard - Cedar Grove Area (East End) City of Baps Vacation of Public Right -of -Way 5a Fig. 1 7/09/2013 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 20, 2013 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. AUTHORIZE Retention of Legal Counsel for Special Legislation for Cedar Grove Redevelopment TIF District D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN 63 Agenda Information Memo Eagan Economic Development Authority Meeting August 20, 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 August 5, 2013 EDA meeting are enclosed on page 5 -5-' 2. AUTHORIZE Retention of Legal Counsel for Special Legislation for Cedar Grove Redevelopment TIF District — The City of Eagan certified the Cedar Grove TIF District in July, 2003 for a term of 26 years through July, 2029. In the ten years since, property was acquired and assembled, public improvements were undertaken and a number of new development projects were completed outside the core area of the redevelopment. Most recently, substantial new development activity has begun within the core area with the groundbreaking for Paragon's Twin Cities at Eagan outlet center, the proposed Flats at Cedar Grove apartment and retail project and preparations for the Cedar Grove Parking Garage. Marketing continues for uses and users on approximately fourteen acres of EDA owned outlots within the area. While this activity is substantial, one effect of the recession is that the district has fewer years of revenue from which to pay for the investments to date and it limits the potential to encourage greater intensity and value from development that will occur on the outlots. In the 2013 Legislative Session, a number of redevelopment districts in cities around Minnesota, which were facing similar circumstances due to the recession, were granted term extensions or other considerations to permit them to support additional phases of redevelopment. 51 The City Council Finance Committee has reviewed this information and is recommending that the EDA hire legal counsel to assist in pursuing similar legislation for the Cedar Grove District in the 2014 Legislative Session. On the basis of that recommendation and discussions with cities involved in the 2013 legislation, staff has requested and received a proposal from Jerry Seck and Julie Perrus of the Larkin Hoffman firm to represent the EDA in this regard. A copy of the proposed agreement to provide representation will be distributed with Additional Information on Monday. J5"!Y MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 5, 2013 A meeting of the Eagan Economic Development Authority was held on Monday, August 5, 2013 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen. Commissioner Tilley was absent. Also present were Executive Director Osberg, Community Development Director Hohenstein and City Attorney Bauer. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Hansen moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye:4 Nay:0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It is recommended to approve the minutes of June 25, 2013 - EDA meeting as presented. 2. It is recommended to approve the minutes of July 16, 2013 - EDA meeting as presented. 3. It is recommended to approve the 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. It is recommended to approve sale of the east end property in the Cedar Grove Redevelopment area to "The Flats of Cedar Grove, LLC" upon the same terms and conditions as proposed by Stonebridge Development and Acquisition, LLC. 5. It is recommended to authorize and direct the City Attorney's office to take all necessary actions to pursue insurable title to the east end property in the Cedar Grove Redevelopment area. There was no Old Business, There was no New Business, There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT S( Commissioner Hansen moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 4 Nay: 0 Date 59 David M. Osberg, Executive Director Agenda Information Memo Eagan Economic Development Authority Meeting August 20, 2013 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. w