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02/18/2014 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 18, 2014 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS JLJ C. APPROVE Check Registers 15 D. APPROVE a Resolution allowing the City of Eagan to participate in the Tobacco Compliance Check Grant through June 2014 E. AUTHORIZE Request for Proposals for Cedar Grove Redevelopment Area — Maintenance _F. APPROVE Plans and Specifications, City Contract No. 14 -03 (City -Wide Street Improvements) and Authorize Advertisement for Bids March 27, 2014 G. APPROVE Plans and Specifications, City Contract No. 14 -01, 2014 Water Quality Storm Sewer Improvements and Authorize Advertisement for Bids March 27, 2014 H. RECEIVE Petition to Vacate Public Drainage & Utility Easements, Outlot M, Stonehaven 6th Addition and Schedule Public Hearing for March 18, 2014 Jq I. APPROVE Plans and Specifications, City Contract 14 -08, TH 55/ TH 149 Signal Mast Arms AS J. REQUEST Advance from Municipal State Aid Road Program '�)O K. APPROVE Final Payment, City Contract No. 13 -16, Sanitary Sewer Improvements, I &I Part 1 - Manhole Lining 3L. AWARD City Contract No. 14 -10 (Citywide Sanitary Sewer Lining Improvements) z3 y M. APPROVE Relocation of the AccessEagan Conduit at TH 55 /Lone Oak Road N. APPROVE Joint Powers Agreement with South Metro Group for Roadway Maintenance Services Z 0 O. APPROVE Change Order No. 2, City Contract No. 13 -01 (Cedar Grove Blvd Street & Utility Improvements) P. APPROVE a 2014 Promotion at the Eagan Community Center and Cascade Bay for Military Families Q. APPROVE a Resolution to accept a grant from the State of Minnesota Department of Agriculture for installation of power access points at Eagan Festival Grounds SAG R. APPROVE Amendment to the on -sale liquor license for Cupcake, Inc, DBA Cupcake/The Mason Jar, 1565 Cliff Road, Suite 1 S. Item removed 149 T. APPROVE Exempt Permit for the Eagan Resource Center to hold a raffle on March 20, 2014 at St. John Neumann Church, 4030 Pilot Knob Road 1-19 U. APPROVE On -Sale Liquor and Sunday Liquor License for Saga Bar and Grill Corp., DBA Saga Bar and Grill, 525 Diffley Road, Suite 2020 V. PUBLIC HEARINGS t)Q A. VACATION of Public Drainage & Utility Easements, Lot 6, Block 1 Whispering Woods 53 B. VACATION of Public Drainage & Utility Easements, Lots 1 & 2, 4 through 6, Block 3, Dakota Path VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE t INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA 5� C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Findings of Fact for the Approval of the Purchase Agreement for the Sale of Cedar Grove Redevelopment District Property to MHC Cedar Grove LLC 3. AUTHORIZE Preparation of ALTA Surveys for Remainder of EDA Owned Lots at Cedar Grove D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS VA G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT u TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: FEBRUARY 14, 2014 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 18, 2014 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 18, 2014 City Council agenda, the following items are in order for consideration. Agenda Information Memo February 18, 2014 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 February 3, 2014 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of February 3, 2014 City Council meeting are enclosed on pages -J through to 4 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota FEBRUARY 3, 2014 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. A regular meeting of the Eagan City Council was held on Monday, February 3, 2014 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald, Fire Chief Scott and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted a closed session will be held immediately after the regular City Council meeting in Conference Rooms 2 A &B to discuss two claims Procknow v. City of Eagan and McCarty v. City of Eagan. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay :0 RECOGNITIONS AND PRESENTATION Police Chief McDonald introduced the item noting the Police Department recently commissioned two new police canines after the previous dogs unexpectedly passed away. McDonald introduced canines Badger and Bane along with their handlers Officer Andy Helgerson and Officer Rob Waller to the City Council. CONSENT AGENDA Mayor Maguire pulled Item L for further discussion. Councilmember Fields moved, Councilmember Bakken seconded a motion to the Consent Agenda as presented: Aye:4 Nay:0 A. It was recommended to approve the minutes of January 14 and 28, 2014 Special City Council meeting and January 21, 2014 City Council meeting as presented. B. There were no personnel items. C. It was recommended to approve check register dated January 17 and 24, 2014. D. It was recommended to adopt a resolution approving the Exempt Permit for Our Lady of Peace to conduct a raffle on February 8 at Royal Cliff Banquet and Conference Center, 2280 Cliff Road. E. It was recommended to set a public hearing for March 4, 2014 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. 5 City Council Meeting Minutes February 3, 2014 2 page F. It was recommended to set a public hearing for March 4, 2014 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. G. It was recommended to set a public hearing for March 4, 2014 to consider the final assessment of the delinquent mowing, noxious weed and refuse removal bills and certify them to Dakota County for collection with property taxes. H. It was recommended to approve Change Order No. 3 to City Contract No.13 -05 (Cedar Grove Parking Garage) and authorize the Mayor and City Clerk to execute all related documents. I. Item removed J. Item removed K. It was recommended to approve the Joint Powers Agreement with the Dakota County Transportation Department for City Project 1150 (Lone Oak Road and Denmark Avenue — Street Improvements), and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve the recommendation of the Public Works Committee regarding a noise wall proposal east of Interstate 35E, north of Deerwood Drive. M. It was recommended to approve the recommendation of the Public Works Committee regarding Project 1110 (Wilderness Run 2"d -4th Additions Street Improvements). N. It was recommended to approve an amendment to the Development Agreement for Eagan Pointe Senior Living (Project 13 -M) providing for the extension of site work completion dates. 0. It was recommended to approve Project 1153 (Trunk Highway 13 /Silver Bell Road and Nicols Road /Cedar Grove Parkway /Silver Bell Road - Intersection Improvements) and authorize the preparation of detailed final plans and specifications for the purpose of soliciting bids for a contract. P. It was recommended to approve the 2014 July 4th fireworks display contract with RES Specialty Pyrotechnics in the amount of $25,000.00 and authorize the Mayor and City Clerk to sign all appropriate documents subject to City Attorney approval. Q. It was recommended to approve a Premise Permit for the Eagan Hockey Association to conduct lawful gambling at Saga Bar and Grill, 525 Diffley Road Suite 2010. PUBLIC HEARINGS VARIANCE — CARY OLSON City Administrator Osberg introduced the item noting the Council is being asked to approve a variance to the height and design standards for an accessory structure upon property located at 3854 Bridgewater Drive. The existing single - family home was constructed on the property in 1993. In 2009, the owner acquired additional land from a neighbor, extending the lot further south. The lot is approximately 90 wide and 370' deep and contains 33,362 SF. City Planner Ridley gave a staff report. The applicant Cary Olson was available for questions. E City Council Meeting Minutes February 3, 2014 3 page Mayor Maguire opened the public hearing. Ken and Sheree Hoffman, 791 Mill Run Path, addressed the Council noting their support for the variance. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance to the height and design standards for an accessory structure upon property located at 3854 Bridgewater Drive, legally described as Lot 5, Block 1, The Oaks of Bridgewater 3rd Addition, subject to the following conditions: Aye:4 Nay :0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a Building Permit for the accessory structure within 60 days of Council action. 3. Per the submitted plans, the Variance applies to an accessory structure with a height of 12' and two - tiered roof. PROJECT 1138, CEDAR INDUSTRIAL PARK STREET IMPROVEMENTS City Administrator Osberg introduced the item noting January 7, 2014, the feasibility report for Project 1138 was presented to the City Council and a Public Hearing was scheduled for February 3, 2014, to formally present and discuss the report with the adjacent property owners. Assistant City Engineer Nelson gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 1138 (Cedar Industrial Park — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1114, CEDAR GROVE ADDITIONS STREET IMPROVEMENTS City Administrator Osberg introduced the item noting January 7, 2014, the feasibility report for Project 1114 was presented to the City Council and a Public Hearing was scheduled for February 3, 2014, to formally present and discuss the report with the adjacent property owners. Assistant City Engineer Nelson gave a staff report. The Council discussed the street improvements. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1114 (Cedar Grove Additions — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 11 City Council Meeting Minutes February 3, 2014 4 page OLD BUSINESS There were no old business items to be heard. NEW BUSINESS PRELIMINARY AND FINAL SUBDIVISION (FOX FOREST THIRD ADDITION) — PETER RAMSTAD City Administrator Osberg introduced the item noting the Council is being asked to approve two actions a Preliminary Subdivision and a Final Subdivision on a shared boundary on property located north of Diffley and west of Lexington Way. Both properties are currently zoned R -1, each are in the McCarthy Shoreland Overlay District and are occupied by a single family residence. Osberg noted a rezoning and subdivision was approved in 2001 for Lot 1 which shared boundary line and rectified a non- conforming condition as the property did not meet the minimum 5 acre requirement of the A zoning district. City Planner Ridley gave a staff report. The applicant, Peter Ramstad, was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the preliminary and final subdivision. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision to relocate a shared boundary on property located north of Diffley Road and west of Lexington Way at 4139 and 4145 Lexington Way, subject to the following conditions: Aye: 4 Nay: 0 The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: Al and B1. The property shall be platted. The property owners shall enter into a Final Subdivision Development Contract with the City. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Final Subdivision (Fox Forest Third Addition) to relocate a shared boundary upon approximately 6.89 acres located north of Diffley Road and west of Lexington Way at 4139 and 4145 Lexington Way. Aye: 4 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT —SIGN SOURCE City Administrator Osberg introduced the item noting the request would be an amendment to the Planned Development that would allow for a pylon sign with dynamic display upon property located at 3340 Sherman Court. The property contains an 8,200 SF office building constructed in 2004 as part of Birchwood Office Park. Osberg noted use and development of the property is governed by a Final Planned Development Agreement. City Planner Ridley gave a staff report. The applicant, Greg Rendall, was available for questions. The Council discussed the planned development amendment. i City Council Meeting Minutes February 3, 2014 5 page 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. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment for a pylon sign with dynamic display upon property located at 3340 Sherman Court, subject to the following conditions: Aye: 4 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a Sign Permit. 2. An administrative Sign Permit is required prior to installation of the new sign panel and dynamic display. 3. The pylon sign panels shall not exceed the dimensions as indicated on the sign exhibit dated December 26, 2013. 4. The pylon sign shall comply with all Sign Code requirements. 5. The wood posts adjacent to the pylon sign shall be removed by July 1, 2014. 6. The pylon sign shall be improved per the original plan with masonry base to match the building and landscaping. The painted portion of the poles shall be repainted as necessary to maintain them in good repair. Construction of the masonry base and repainting of the support poles shall be completed by July 1, 2014. 7. A Landscape Plan for the base of the sign shall be provided for staff review and approval, to be incorporated into the PD Amendment Agreement. The Landscape Plan shall be installed by July 1, 2014. PLANNED DEVELOPMENT AMENDMENT— MFC PROPERTIES (TOWN CENTRE SHOPPES) City Administrator Osberg introduced the item noting the request would be an amendment to the Planned Development to add a drive - through facility upon property located at 3450 Denmark Avenue. The property contains a 19,300 SF multi- tenant retail building constructed in 1988. A drive- through lane is proposed on the south side of the building. City Planner Ridley gave a staff report. The applicant, Bruce Miller with MFC Properties, provided a summary of the request and was available for questions. Mr. Miller asked the Council to give consideration to remove conditions 5 and 6 and the green space restoration plan from condition 1. Mr. Miller stated he is seeking relief from the required conversion of impervious area to green space. He explained with a site upgrade in 2008 that added additional green space of over 1,770 SF they feel they have met the required standards. The Council discussed the planned development amendment. Mayor Maguire noted his concern with the volume of public traffic using the back of the building after taking the left hand turn from the drive - through. Councilmember Fields also noted her concern about the traffic and stated she was not supportive of the current plan. Councilmember Hansen noted his concern regarding the current signage between the southern building and Walgreens it does not allow a left hand turn going west between the two buildings. 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. "I City Council Meeting Minutes February 3, 2014 6 page Councilmember Bakken made note of the Council's the concerns and suggested putting in a cul -de- sac or some larger turning area to allow a right -hand turn. He noted that he is not supportive of the current plan, but would be open to do something different, address the concerns of traffic movement, and still get the tenant the drive - through access that they want. Staff asked for further clarification from Council on the green space issues. Councilmember Bakken and Mayor Maguire stated they believed that no net loss of green space was a reasonable expectation. Councilmember Bakken moved, Councilmember Fields seconded a motion to continue the item to the March 4, 2014 City Council meeting. Aye: 4 Nay: 0 The Council took a 10 minute break. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY ATTORNEY City Attorney Dougherty noted a closed session will following immediately after the Council meeting to discuss two claims against the City of Eagan, Procknow and McCarty. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:30 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk �, o Agenda Information Memo February 18, 2014 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Accept the resignation of Melissa Wind, Rental and Operations Supervisor, effective 11/1/2013 and authorize hiring her replacement. Item 2. ACTION TO BE CONSIDERED: Approve City of Eagan City Council Tablet Policy FACTS: ➢ Per the direction of the City Council, a City Council tablet policy has been created in preparation for the use of electronic packets. ➢ In addition to Council review of the policy at the January 28, 2014 Special City Council meeting, the Council's Finance Committee has also reviewed the document and is recommending approval of the policy. ATTACHMENTS: ➢ The policy is enclosed on pages U. and 13 Item 3. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Godfrey, Claire Civic Arena Skating Instructor Kojetin, Sarah Civic Arena Skating Instructor Guest Services Anderson, Louise Parks & Rec Representative Guest Services Winther, Sally Parks & Rec Representative Schoenecker, Thomas Parks & Rec Winter Recreation Leader �k City of Eagan City of Eagan - City Council Tablet Policy Purpose The guidelines included in this user agreement pertain to council members who are issued a tablet device purchased by the city. The purpose of these guidelines is to outline the responsibilities and care required for city - issued tablets. Failure to adhere to the policy shall result in the revocation of such use privilege. The devices are intended to be utilized by council members for the purpose of enhancing meeting workflow and reduce the use of paper agenda packet materials. City Council Use Issued devices are intended for conducting city business. The city does not maintain loaner devices, thus users will be responsible for conducting meetings without a device in the event of a lost or misplaced device. • Devices shall be maintained in a suitably charged state during Council meetings. • Devices will be secured with a minimum four (4) digit numeric pass code and must be changed every 90 days by the user. • Devices will be programmed to lock after 15 minutes of inactivity and you will be required to enter your pass code to log back in. • End users shall not go to any inappropriate, illegal, offensive, pornographic, or adult- oriented internet sites. • Inappropriate media may not be used as a screensaver or background photo. • Information stored on the tablet device could be classified as public, private, or other data and is governed by the Minnesota Government Data Practices Act (MN Statute Chapter 13) and must be treated accordingly. • Open meeting laws must be adhered to including limitations on communications between council members. • Users are allowed to connect devices to non -city wireless networks. • While instruction and advice may be offered, the city staff is not responsible for home network use or support. • De minimus personal use of devices and its applications are permitted with the understanding that the primary purpose for the device is to conduct City business. • In accordance with the Minnesota Government Data Practices Act, it is the policy of the city to maintain the right to access and disclose any and all messages communicated through electronic means when city issued equipment is used. Regardless of the intent of the message (business or personal), any employee or council member involved has no right to privacy, or to the expectation of privacy, concerning the content of any message or the intended destination of any message when using city - issued equipment. Tablet Care Users will be held responsible for the maintenance and care of assigned tablets. • Keep batteries charged and ready for use at meetings. • Clean the view screen with a soft, dry cloth or anti - static cloth as needed. • Do not lean or place anything on the screen that may cause damage. �D' qqgpw City of Eagan • Use only approved stylus devices on the screen. Do not use sharp devices such as ball point pens on screen as that may cause damage. • Utilize the protective case at all times. • When not in use, store in a secure location. Never leave in an unlocked car or any other theft - prone area. • With seasonal changes, please keep device out of the elements during the winter and summer months. Excessive heat and/or cold can cause damage to device. • Synchronizing city data to any type of Cloud storage or personally -owned computer is strictly prohibited. • Council members are responsible for the replacement cost for device damage or loss due to negligence. • Immediately report lost or stolen device to the IT department by calling 651- 675 -5111. Application Software All software applications purchased and installed by city staff must remain on the device in a usable condition and be accessible at all times. All device software shall be purchased and installed with a city provided account or pushed out to the device by the City's MDM (Mobile Device Management) server. The city is not responsible for the backup or loss of any personal software applications when the device is updated, tested with diagnostic tools or restored to its original state. All software loaded on the device for the purpose of city management of the device should not be removed (i.e. MDM software). Acknowledgement Council members who are assigned a tablet device shall be provided a copy of these guidelines and shall acknowledge receipt and understanding of the provisions outlined herein. The guidelines may be updated as needed. I agree that I will use the city tablet device in accordance with the specifics outlined in this user agreement. I also understand that use of a city asset is a privilege that may be revoked at any time. Printed Name: Signature: Date: t�) Agenda Information Memo February 18, 2014 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 31 and February 7, 2014 as presented. ATTACHMENTS: Check register dated January 31, 2014 are enclosed without page number Check register dated February 7, 2014 are enclosed without page number �q Agenda Information Memo February 18, 2014, Eagan City Council Meeting CONSENT AGENDA: D. Accept a grant from the Minnesota Department of Human Services to conduct tobacco compliance checks. ACTION TO BE CONSIDERED: Approve a resolution allowing the City of Eagan to accept the conditions and funding available through the Tobacco Compliance Check Grant. FACTS: • The grant allows the City of Eagan to obtain reimbursement for conducting tobacco compliance checks on local businesses. • The terms of the grant allows the City to collect $40.00 for every compliance check performed. • Presently, there are 47 establishments licensed to sell tobacco in the City. • The Police Department conducts tobacco compliance checks on local businesses two times each year. • State funds for this grant contract are provided under the Minnesota Department of Human Services to enforce tobacco laws and educate tobacco retailers and community members regarding tobacco laws. • Tobacco compliance checks conducted under the conditions of this grant are for educational purposes only. Therefore, no sanctions to the clerk or business owners are permitted. ATTACHMENTS Resolution on page I(-p A copy of the grant agreement on pages tl thruJLD . 6 CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Minnesota Department of Human Services 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 Minnesota Department of Human Services has presented the police department with a grant. The funds will be used to augment the costs associated with performing tobacco compliance checks. 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 grant is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Minnesota Department of Human Services. ADOPTED this 18th day of February, 2014. Motion by: Seconded by: Those in Favor: Those Against: Date: CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk T # 14A55 SFY 2014 ANNUAL PLAN AGREEMENT STATE OF MINNESOTA DEPARTMENT OF HUMAN SERVICES t _': S{ Ya .• :.�.,= v+=..�. --Y t»i=.z '3 -'- i'3 i' 5. '.ids' T s'Y' _ y Qrl�inato�<zEillnari all_boges and_fiel_ds=e�cept N /�_:- Coordinator �complretes � /A_ ,Obtain si�ila�u�es inor�er.�l�sted Speed Chart/ FinDeptlD: H55EB31414 SWIFT Encumbrance PO # Fill in the Speed Chart account number that identities what account should be used for encumbering funds. Your contract coordinator will encumber funds in SWIFT and 3 O O 0 write the encumbrance PO # in the box to the right. You must reference this 10 digit PO It when submitting related invoices to FOD for payments to this vendor for this service. - -/ Vendor's Name: Eagan Police Department Vendor's Street Address: 3830 Pilot Knob Rd E -mail Address: icollinsAcitvofeagan.com City: Eagan State: MN Zip: 55122 _Phone #: 651- 675 -5732 For Vendor Using: individual name, supply the vendor's social security #: a business name, supply the vendor's federal tax I D #: 41- 0847612 a business address located in MN, supply the MN. Tax I. D. # also: Price of service must include descriptive rate, i.e. X hours @ X $'s; X $'s for X deliverables. Compensation: $2,000.00 ($40 per check X 50 compliance checks) Dates of Service: Expenses: $0.00* January 31, 2014 to June 30, 2014 * (see littn: / /www.mmd.admin. state .mn.us /commissionersplan.htm for rates) (SFY14 ends June 30, 2014) Total to encumber: $2,000.00 Provide a detailed description of expected duties on the following page. Choose the appropriate Information Privacy clause (see VII) that applies to the vendor's access to DHS client information while performing this service, and delete the one that does not apply. Joan Kaluza Alcohol & Drug Abuse Division 651 -431 -2472 Contact /Originator Business Area Phone # 1). Division Director — Ink Signature Please Your signature gives approval to encumber funds and approval of the selected Information Privacy Lei IN Provision under Clause VII on this form._ 1113 Name ate 2). Contract Coordinator - Master APK %62162 Verification of $5000 limit Swift Vendor No. vonC-) I I q' 3). Code Name Account Code: Vendor's Signature (Vendor certifies he /she is not a State employee) Date Individual signing must have proof of authority to sign on behalf of company named. 19 Date Encumbered Page 2 - Annual Plan 2014 By written acceptance, the Vendor agrees to perform the following work under the terms and conditions listed below: (Originator, write clear duties, measurable outcomes on these lines. Add space if needed.) Deliverables: Participating Sheriff, Police or Public Health Departments will conduct educational tobacco compliance checks with the approved number of retailers. All compliance checks will be conducted in compliance with MN Statute 461.12 subd 5. Note this educational tobacco compliance check does NOT fulfill the requirements of 461.12 subd 5 that a licensing authority shall conduct unannounced compliance checks at least once each calendar year because these checks are educational based and do NOT include a penalty. Clerks who fail the educational tobacco compliance checks will be provided an educational publication which will be reviewed with them by the individual who conducted the compliance check. If the clerk passes the educational tobacco compliance check they will be given a certificate of appreciation signed by the organization conducting the checks. The owner of the establishment will also be given a publication including the date the check was conducted and the results of the inspection (pass or fail). All publications will be provided to the vendor by DHS -ADAD. All inspections must be completed by May 31, 2014. Once inspections are completed the vendor will complete a short survey and email both the survey and the completed vendor invoice to collin.frazier @state.mn.us for payment. Vendor Will: 1. Complete fi 50 educational tobacco compliance checks by May 31, 2014. Checks will be reimbursed at $40 per check. 2. Ensure that no penalty is levied on the clerk or the business owner from the county or city as a result of these educational tobacco compliance checks. 3. Provide clerks who fail the educational tobacco compliance check an educational publication and review the publication with them. 4. Provide clerks who pass the educational tobacco compliance check a certificate of appreciation signed by the organization conducting the checks. 5. Provide the owner of the establishment a publication including the date the check was conducted and the results of the inspection (pass or fail). Complete a short survey and the vendor invoice form and email both to collin.frazier @state.mn.us for payment by June 15, 2014. I. Scope of Agreement: This document is an Agreement for professional /technical services, to be interpreted pursuant to laws of the State of Minnesota. The Commissioner of the Department of Human Services or his/her delegate (hereinafter the STATE), pursuant to Minnesota Statutes, section 256.01, subd. 2 is empowered to enter into professional /technical agreements. The Commissioner has identified the need for the services to be performed, as no state employee is available or capable of performing these tasks. No work on this agreement is to begin until the STATE has signed this document and VENDOR is notified to begin work by the STATE's authorized representative. By written acceptance, the VENDOR agrees to perform the scope of the services within the terms and conditions in this agreement and within the limits of the clauses specified in this agreement. The VENDOR must sign its approval in the designated signature block and return the original signed Agreement and any attachments to the Department of Human Services, prior to the commencement of services. II. Conditions of Payment: All services provided by the VENDOR pursuant to this Annual Plan Agreement must be performed to the satisfaction of the State, as determined in the sole discretion of the State, and not in violation of any federal, state or local laws, ordinances, rules and regulations. The VENDOR will not receive payment for work found by the State to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. Under Minnesota Statutes Section 16C.08, subdivision 5(b), no more than 90 percent of the amount due under this Annual Plan Agreement may be paid until the final product of this Annual Plan Agreement has been reviewed by the State's agency head. The balance due will be paid when the State's agency head determines that the VENDOR has satisfactorily fulfilled all the terms of this Annual Plan Agreement. III. Consideration and Terms of Payment: Payments shall be made by the STATE promptly after VENDOR's presentation of invoices for services performed and acceptance of such services as satisfactory by the STATE's authorized representative. VENDOR'S travel expenses will be compensated only as reimbursements, after expenses have been incurred and an invoice has been submitted to DIIS and approved for payment. For compensation payable under this agreement, which is subject to withholding under state or federal law, appropriate amounts will be deducted and withheld by the State as required. 15 Page 3 — Annual Plan 2014 IV. Cancellation. This Annual Plan Agreement may be canceled by the State or the Commissioner of Administration at any time, with or without cause, upon 30 days' written notice to the Vendor. In the event of such a cancellation, the Vendor will be entitled to payment, determined on a pro rata basis, for the work or services satisfactorily performed. V. Indemnification. In the performance of this agreement by VENDOR, or VENDOR'S agents or employees, the VENDOR must indemnify, save, and hold harmless the STATE, its agents, and employees, from any claims or causes of action, including attorney's fees incurred by the STATE, to the extent caused by VENDOR'S: 1) Intentional, willful, or negligent acts or omissions; or 2) Actions that give rise to strict liability; or 3) Breach of contract or warranty. The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the STATE'S sole negligence. This clause will not be construed to bar any legal remedies the VENDOR may have for the STATE'S failure to fulfill its obligation under this agreement." VI. State Audit: Under Minn. Stat. § 16C.05, subd. 5, the books, records, documents, and accounting procedures and practices of the VENDOR and its employees, agents, subcontractors, or representatives, relevant to this agreement must be made available and subject to examination by the State, including the contracting Agency/Division, Legislative Auditor, and State Auditor, for a minimum of six years from the agreement. VII. Information Privacy Protection: It is expressly agreed that the VENDOR will not be handling private data collected by STATE and is therefore not a member of or included within the "welfare system" for purposes of the Minnesota Government Data Practices Act (hereinafter "Data Practices Act," Minnesota Statutes, Chapter 13, and in particular § 13.46) as a result of this agreement. It is also expressly agreed that VENDOR will not be handling "protected health information" collected by STATE (information that identifies an individual as having applied for, being or having been eligible for, or receiving or having received health care services, as set forth in 45 CFR § 160.102).. If VENDOR has responsibilities to comply with the Data Practices Act or HIPAA for reasons other than this agreement, VENDOR will be responsible for its own compliance. VIII. Ownership of Works and Intellectual Property Rights. Except in the case of intellectual property rights previously acquired by VENDOR, the STATE owns all rights, title, and interest in all of the intellectual property, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this agreement. The Works and Documents will be the exclusive property of the STATE and all such Works and Documents must be immediately returned to the STATE by the VENDOR upon completion or cancellation of this agreement. Works means all inventions, improvements, discoveries (whether or not patentable or copyrightable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the VENDOR, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this agreement. Works includes "Documents. " Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the VENDOR, its employees, agents, or subcontractors, in the performance of this agreement. IX. Data Disclosure: Under Minn. Stat. § 270.66, and other applicable law, the VENDOR consents to disclosure of its social security number, federal employer tax identification number, and /or Minnesota tax identification number, already provided to the State, to federal and state agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state laws which could result in action requiring the VENDOR to file state tax returns, pay delinquent state tax liabilities, if any, or pay other state liabilities. X. Jurisdiction and Venue: This Annual Plan Agreement is governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Annual Plan Agreement, or breach thereof, will be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XI. VENDOR agrees to comply with all terms of the Department of Human Services' policy prohibiting carrying or possessing weapons wherever and whenever the VENDOR is performing services within the scope of this agreement. Any violations of this policy by VENDOR or VENDOR's employees may be grounds for immediate suspension or termination of the agreement. Currently Licensed Peace Officers are exempt from this provision. If Police or Sheriff Departments utilize officers who carry or possess weapons, as defined in Minnesota Statutes, section 626.05, subdivision 2, for performing services within the scope of this agreement, then these Departments shall utilize only its active and currently licensed peace officers. XII. Criminal Background Check Required. VENDOR and employees of VENDOR working on site at STATE's Central Office and accessing STATE's protected information (as defined in VII. Information Privacy Protection of this agreement.) must submit to or provide evidence of a computerized criminal history system background check (hereinafter "CCH background check ") performed within the last 12 months before work can begin under this agreement. "CCH background check" is defined as a background check including search of the computerized criminal history system of the Minnesota Department of Public Safety's Bureau of Criminal Apprehension. M Page 4 — Annual Plan 2014 XIII. Federal Audit Requirements and Vendor Debarment Information. A. Compliance with Single Audit Act. All sub - recipients receiving $500,000 or more of federal assistance in a fiscal year will obtain a financial and compliance audit made in accordance with the Single Audit Act, OMB Circular A -133. VENDOR certifies it will comply with the Single Audit Act, OMB Circular A -133, if applicable. Failure to comply with these requirements could result in forfeiture of federal funds. B. Vendor debarment, suspension and responsibility certification. Federal Regulation 45 CFR 92.35 prohibits the STATE from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minn. Stat. §16C.03, subd. 2 provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the State. BY SIGNING THIS ANNUAL PLAN, VENDOR CERTIFIES THAT IT AND ITS PRINCIPALS: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state or local governmental department or agency; and (b) Have not within a three -year period preceding this Agreement: a) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; b) violated any federal or state antitrust statutes; or c) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and (c) Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: a) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction; b) violating any federal or state antitrust statutes; or c) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and (d) Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this agreement are in violation of any of the certifications set forth above. (e) Will immediately give written notice to the STATE should VENDOR come under investigation for allegations of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing; a public (federal, state or local government) transaction; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. END ao Agenda Information Memo February 18, 2014 Eagan City Council Meeting E. MAINTENANCE REOUEST FOR PROPOSAL CEDAR GROVE REDEVELOPMENT DISTRICT ACTION TO BE CONSIDERED: Authorize the preparation of a Request for Proposal (RFP) for Maintenance Services for the Cedar Grove Parking Garage and the adjacent area within the Cedar Grove Redevelopment District. FACTS: • On July 17, 2012, the Economic Development Authority (EDA) approved a purchase agreement with Paragon Outlets Eagan LLC for the acquisition of property in the Cedar Grove Redevelopment District for the development of the Twin Cities at Eagan Outlets. • On February 3, 2014, the EDA scheduled a public hearing to consider the sale of additional property within the Cedar Grove Redevelopment District for the development of a proposed hotel by MHC Cedar Grove LLC. • As part of the purchase agreement with Paragon Outlets Eagan for a portion of the core area of the Cedar Grove Redevelopment District, the current owner, the EDA /City of Eagan, has an obligation to provide maintenance of the Cedar Grove Parking Garage. Similar language is being included in the draft purchase agreement with MHC Cedar Grove. As such, the following maintenance services are needed to comply with these agreements. • Sweeping high traffic areas — Parking Garage, Daily • Pick -up litter and empty trashcans - Parking Garage, Daily • Check for pedestrian hazards and effect repairs as needed — Parking Garage, Daily • Ensure security cameras are operating — Parking Garage, Daily • Snow and ice removal - Parking Garage, sidewalks and trails, As needed • Grass cut, weeds /leaves /debris removed, check irrigation systems - Parking Garage, Weekly /As needed • Maintain landscaping - Parking Garage, Weekly /As needed • Ensure security call boxes are functioning — Quarterly • In order to accommodate the currently scheduled August 14, 2014, opening of the Twin Cities at Eagan Outlets, it is necessary to proceed with a request for contractual maintenance services at this time. Staff is requesting authorization to prepare a RFP for the necessary maintenance services and solicit said services to qualified providers. al Agenda Information Memo February 18, 2014 Eagan City Council Meeting F. CONTRACT 14 -03, CITY -WIDE STREET OVERLAYS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 14 -03 (City -Wide Street Overlays - Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 27, 2014. FACTS: • Contract 14 -03 provides for the street improvements as outlined and discussed in the respective feasibility reports for each of the following projects: o Stonebridge Ponds — Project 1140 o Oakwood Heights 2nd Addition — Project 1139 o Cedar Industrial Park — Project 1138 o Alden Pond — Project 1137 o Cedar Grove Additions — Project 1114 • On January 21, 2014, the City Council held public hearings for Projects 1140, 1139 and 1137. On February 3, 2014, the City Council held public hearings for Projects 1138 and 1114. The corresponding Council approval of the projects included the authorization of the preparation of detailed plans and specifications for the 2013 construction season. • These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed and are being presented to the City Council for their approval and authorization for the advertisement of bid. • Minnesota state law allows local agencies to choose a procurement system, termed Best Value Contracting (BVC), as an alternative to the standard low -bid contracting system. The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and performance. • BVC uses the relationship between performance and price to achieve the best overall value and lowest long -term cost for government construction projects. • On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting method for the procurement system of public improvement projects for the City. • The BVC method of procurement has been successfully used for numerous previous street and utility improvement contracts since 2008. • The BVC method of procurement will be used for this contract, and will be advertised in the solicitation of these bids. All bids will be evaluated in an open and competitive manner. a c) Agenda Information Memo February 18, 2014 Eagan City Council Meeting G. CONTRACT 14-01,2014 WATER QUALITY STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 14 -01 (2014 Water Quality Storm Sewer Improvements) and authorize an advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 27, 2014. FACTS: • On June 4, 2013, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2014 - 2018) and authorized the initiation of the public improvement process for the 2014 programmed improvements. • Contract 14 -01 provides for storm sewer improvements in 7 waterbodies (one lake, one wetland, and five storm basins) as identified and approved in the City's 5 -Year CIP (2014- 2018). The improvements are being combined under one contract for economies of scale in the competitive bidding process. • The Engineer's estimate for the proposed improvements is $356,000, which would be funded by the Storm Drainage Renewal and Replacement Fund. • Project plans and specifications have been completed and are being presented to the City Council for its approval and authorization for the advertisement of bids. D,6 Agenda Information Memo February 18, 2014 Eagan City Council Meeting H. OUTLOT M, STONEHAVEN 6th ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a public drainage and utility easement on Outlot M, Stonehaven 6t" Addition, and schedule a public hearing to be held on March 18, 2014. FACTS: • On January 31, 2014, City staff received a petition from Mr. Jason Biederwolf, representing Lennar Family of Builders, requesting the vacation of an existing drainage and utility easement on Outlot M, Stonehaven 6th Addition. The parcel is located south of Yankee Doodle Road and east of Lexington Avenue in central Eagan. • The purpose of the request is to allow the recording of a final plat of the outlot for the proposed Stonehaven 7th Addition as a residential development. • The request would vacate the existing drainage and utility easement on the property. The vacation of the easement would clean up the proposed plat by avoiding any underlying recorded dedications. • Said easement will no longer be needed upon the construction of the Stonehaven 7th Addition street and utility improvements. The final plat of Stonehaven 7th Addition will address and incorporate all necessary public drainage and utility easements on this property. • The approval of the plat for the Stonehaven 7th Addition is also scheduled for Council consideration on March 18, 2014. • 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 public hearing. ATTACHMENTS: • Legal Description, graphic, page • Location Map, page (p . I �� � T I / � / n, � WiL.v i rn 4. O, ro O -i _fJ OCOmm+ ;uzmzx� zo p 11 �mu Zn AO.� 1/1 0 jArmi,00N 0 v00mmm 01 0 rqz nZ mNOC�itoa D z �m �1ZO f.m o zmDO�r1N s< m o N N � ZO N Z !n m= N O p m Z (_ n °z o =o -im o o o 0 0 m rDp yp 8D o cD zmnm <� 00 < m �0o o �? mom n D MOM io �$ z OAz �Q A � D O z m o� D O o D � D m m P18N�EER nee PA, Cad File: 109244-Easement j, ,W Vacation- OutlotM 8'�� Description Sketch for: .�.,, crvn. acrNeers tntm r,.annaxs Intro su2vevoas ,wxnsenre nnclitrncrs Folder #: 7636 ,. (651) 681 -1914 2422 Enterprise Drive Fax: 681 -9488 Drawn by: mdp Lennar Corporation Mendota Heights, MN 55120 www.ptoneereng.com © 2014 Pioneer Eneineerine. P.A. uiLOi I� <. C�\ n r� o Ci C I fa O I 01 4, PJ O i V CiOr c rn ra c�l I c� c_ Ci OI Cil GI 'c� ci YCC.1 4 C; � WiL.v i rn 4. O, ro O -i _fJ OCOmm+ ;uzmzx� zo p 11 �mu Zn AO.� 1/1 0 jArmi,00N 0 v00mmm 01 0 rqz nZ mNOC�itoa D z �m �1ZO f.m o zmDO�r1N s< m o N N � ZO N Z !n m= N O p m Z (_ n °z o =o -im o o o 0 0 m rDp yp 8D o cD zmnm <� 00 < m �0o o �? mom n D MOM io �$ z OAz �Q A � D O z m o� D O o D � D m m P18N�EER nee PA, Cad File: 109244-Easement j, ,W Vacation- OutlotM 8'�� Description Sketch for: .�.,, crvn. acrNeers tntm r,.annaxs Intro su2vevoas ,wxnsenre nnclitrncrs Folder #: 7636 ,. (651) 681 -1914 2422 Enterprise Drive Fax: 681 -9488 Drawn by: mdp Lennar Corporation Mendota Heights, MN 55120 www.ptoneereng.com © 2014 Pioneer Eneineerine. P.A. MENDOTA HEIGHTS ww u N EASEMENT 4 VACATION M LOCATION _j 28 YANKEE DOODLE ROAD 2a �- DUCKWOOD DRIVE VE z ❑ Ur O 1 —� z 0 LU X z �O D. i - so ao 1 l 43 � J '• J i CITY OF EAGAN Fig. 1 Proposed Easemant Vacation Location Map City ofBa�a>< Stonehaven 6th Addition J(P 01 -03 -2014 Agenda Information Memo February 18, 2014 Eagan City Council Meeting I. CONTRACT 14 -08, TH 55 /TH 149 UPGRADE TRAFFIC SIGNAL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve plans and specifications for Contract 14 -08 (TH 55/149 Roadway Safety and Capacity Upgrade — Traffic Signal Material and Equipment) and authorize advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 13, 2014. FACTS: • On May 7, 2013, the City Council approved a resolution requesting technical services for Final Design and Construction Administration for Projects 923 and 1011 (Trunk Highways 55/149 Roadway Safety and Capacity Upgrade) from the Minnesota Department of Transportation (MnDOT). As a result, MnDOT agreed to provide technical services consisting of final design of the proposed highway improvements at no cost to the City. The plans and specifications for the improvements are 95% complete. • Project 923 consists of an upgrade to the segment of Highway 149 from the north intersection of TH 55 to the I -494 north ramp intersection from the existing four -lane divided roadway to a five -lane facility (3 lanes in the northbound direction and 2 lanes in the southbound direction). The proposed improvements include traffic signal upgrades and a bituminous trail on the west side of TH 149. • Project 1011 consists of upgrades to the common segment of Highways 55 and 149 from their south intersection to their north intersection from the existing four -lane divided roadway to a six -lane section (3 lanes in each direction). The proposed improvements include traffic signal upgrades and a bituminous trail on the south/west side of this segment of state highway. • Contract 14 -08 provides for the advance purchase of signal mast arms, poles, and luminaires for the TH 55/149 Roadway Safety and Capacity Upgrade. Significant lead time is required to fabricate the traffic signal materials in order to have the traffic signal improvements installed on schedule with the remainder of the proposed project improvements scheduled for construction this summer. • By purchasing these traffic signal materials directly from the manufacturer, the City is exempt from sales tax which will represent an estimated savings of more than $25,000. • All bid advertisement notices will be published in the legal newspaper informing contractors of the bid opening. aq Agenda Information Memo February 18, 2014 Eagan City Council Meeting J. MUNICIPAL STATE AID ADVANCE REQUEST ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $4.0 million from the Municipal State Aid (MSA) Construction account. FACTS: • The Municipal State Aid (MSA) program distributes a portion of the state gas taxes collected to all Minnesota cities over 5,000 in population and is based on a formula of proportionate population and construction needs. The City of Eagan's apportionment for 2014 is approximately $2.74 million. These funds are required to be used on the City's designated State Aid roadway system. Only 20% of the city's local street mileage is eligible for this designation and related funding (approximately 47.5 miles are currently designated). • Because the City of Eagan, with its Pavement Management Program, has been very progressive in its construction program on State Aid eligible streets, approximately $8.2 million more than the cumulative annual allocations have been currently spent. This amount remains eligible for future State Aid reimbursement when funds become available. • The MSA program allows for cities to advance funds in excess of their annual apportionment at no interest when additional funding is available. The funding is available on a first come, first serve basis. • This resolution requests the Commissioner of Transportation to advance the City of Eagan a total of approximately $4.0 million from future State Aid Construction Account payments. This maximum request amount will be repaid from future annual apportionments but provides the City with the use of these interest free fiends at the present time. ATTACHMENTS: • State Aid Advance Resolution, page J9 . Im RESOLUTION NO TO ADVANCE FUNDING FROM THE MUNICIPAL STATE AID STREET CONSTRUCTION FUND WHEREAS, the City of Eagan has implemented Municipal State Aid Street Projects which have required State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said City constructed said projects through the use of Local Municipal Funds to supplement the available funds in their State Aid Construction Account, and WHEREAS, said City needs to reimburse the expended Local Municipal Funds through the use of advance encumbrances from the general State Aid Construction Account to supplement the available finds in their State Aid Construction Account, and WHEREAS, the advance is based on the following determination of expenditures: Account Balance as of February 11, 2014 $ 156,587.82 Less estimated disbursements: Project# SAP 195- 106 -012 $ 473,409 Project# SAP 195- 108 -004 $ 2,730,067 Project# SAP 195- 112 -006 $ 260,964 Project# SAP 195 -115 -003 $ 535,560 Advance Amount (amount in excess of acct balance) $ 4,000,000 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and Minnesota Rules, Chapter 8820, 1500, Subpart 10. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the City of Eagan in an amount up to $4,000,000 in accordance with Minnesota Rules 8820.1500, Subparagraph 10b. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said City from future year allocations until fully repaid. CITY OF EAGAN CITY COUNCIL Mayor Attest: City Clerk I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Eagan, County of Dakota, State of Minnesota, at a duly authorized City Council Meeting held in the City of Eagan, Minnesota, on the 18`x' day of February, 2014, as disclosed by the records of said City on file and of record in the office. Christina M. Scipioni Agenda Information Memo February 18, 2014 Eagan City Council Meeting K. CONTRACT 13 -16, INFLOW & INFILTRATION MITIGATION, PART I - SANITARY SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve final payment for Contract 13 -16 (Inflow & Infiltration Mitigation, Part I - City -Wide Sanitary Sewer Improvements) in the amount of $43,005.00, and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • In cooperation with the Metropolitan Council Environmental Services (MCES), the City has made improvements to the sanitary sewer system over the past six years to mitigate the effects of inflow and infiltration. • On February 5, 2013, the City Council approved an agreement with the Metropolitan Council for a Municipal Publicly Owned Infrastructure Inflow & Infiltration Grant Program. The agreement qualified Eagan for approximately $130,000 of matching funds for capital improvements to the public sanitary sewer system to reduce the amount of inflow and infiltration to the MCES disposal system. The identified improvements were to be completed by June 30, 2014. • The completed inflow and infiltration mitigation improvements are in accordance with the agreement for the grant program. The City was responsible to complete all of the referenced work and submit proof of completion for reimbursement from MCES. • Contract 13 -16 provided for the rehabilitation and lining of sanitary sewer manholes to eliminate inflow and infiltration (130 vertical feet total). • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo February 18, 2014 City Council Meeting L. CONTRACT 14-10,2014 CITY -WIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Receive the bids for Contract 14 -10 (2014 City -wide Sewer Lining - Sanitary Sewer Improvements), award the contract to Insituform Technologies USA, Inc. for the Base Bid in the amount of $159,191.10 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On June 4, 2013, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2014 -2018) and authorized the initiation of the public improvement process for the 2014 programmed improvements. • Contract 14 -10 provides for the rehabilitation of public sanitary sewer through lining improvements of about 7,269 linear feet of existing pipe in various areas within the City as was included as part of the Sanitary Sewer Operations and Facilities portion of the 2014- 2018 CIP. • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid of $159,191.10 ($21.90 per linear foot) has been reviewed by Public Works (Utilities Division) staff and is in order for favorable Council action. ATTACHMENTS: • Location Map, page c� • Bid Summary, paged . Z 2014 Sanitary Sewer Lining Citv of E j 2014 (7,269 ft) J City ROW Map Date: 1/27/2014 - Prepared by: City of Eagan Department of Public Works Document Path: L:\ USERS \PUBWORKS\ Projects \Utilities\ Sanitary_ Sewer\ Maintenance\ Lining \Council Proposed Lining sx11.mxd N W E S 1 in= 1 mile BID SUMMARY 2014 SEWER LINE RENOVATION FOR CURED IN PLACE PIPE CITY PROJECT NO. 1149 CITY CONTRACT NO. 14 -10 Bid Date/ Time: 11:00 a.m., Wednesday, February 12, 2014 Estimate: $193,284 Total Contractors Base Bid Insituform Technologies USA, Inc. $159,191 Visu- Sewer, Inc. $162,826 Michels Corporation $199,752 Veit $214,436 �3 Over /Under Estimate -18% -16% 3% 11% 2/12/2014 Agenda Information Memo February 18, 2014 Eagan City Council Meeting M. TH 55/149 UPGRADE ACCESS EAGAN CONDUIT ACTION TO BE CONSIDERED: Approve the relocation of AccessEagan conduit prior to construction of the TH 55/149 Roadway Safety and Capacity Upgrade improvements; authorize the Mayor and City Clerk to execute all related documents; and, authorize the addition of $20,000 to the 2014 AccessEagan operating budget to offset the relocation costs. FACTS: • The City Council has approved the installation of more than 16 miles of fiber optic conduit/ cable and related appurtenances since 2011. • The proposed TH 55/149 Roadway Safety and Capacity Upgrade improvements (Contract 14 -04) in 2014 include the reconstruction of the TH 55 and Lone Oak Road intersection. The revisions to this existing intersection will require the relocation of approximately 0.5 mile of AccessEagan conduits and fiber optic cable. • The City has coordinated a joint trench/bore project with four (4) other telecommunication providers to expedite the relocation process, reduce costs for the involved parties and conserve available public right of way. • A proposal has been received from MP Nexlevel to perform the joint trench/bore project. MP Nexlevel is included in the City's pre- approved contractor list for the AccessEagan network. Additionally, MP Nexlevel is an approved vendor for the four (4) other telecommunication providers participating in the project. The estimated cost to complete the relocation of the AccessEagan fiber optic conduit /cable and related appurtenances is approximately $40,000. • The 2014 Operating Budget for AccessEagan included $20,000 for relocation of existing conduit /cable. Therefore, the addition of $20,000 to the 2014 Operating Budget for AccessEagan is being requested to complete the required relocation. 3H Agenda Information Memo February 18, 2014 Eagan City Council Meeting N. 2014 STREET MAINTENANCE JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Approve the Multi -City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. FACTS: • For the past 29 years (1985), the City of Eagan has participated in a Joint Powers Agreement (JPA) with other local agencies to solicit competitive prices for pavement traffic marking, street sweeping, crack sealing and seal coating contractual services. • The only change to this year's agreement is the addition of Scott County joining the cities of Eagan, Burnsville, Apple Valley, Elko New Market, Farmington, Hastings, Lakeville, Mendota Heights, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, Waconia and West St. Paul. • The consolidation of the administrative services and subsequent economy of scale competitive bidding has resulted in significant savings to the City of Eagan and resulted in a Certificate of Commendation from the Governor in 1995. • The 2014 JPA is now being presented to the City Council for their consideration of approval. It has been reviewed by the City Attorney and found to be in order for favorable consideration. 5S Agenda Information Memo February 18, 2014 Eagan City Council Meeting O. CONTRACT 13 -01, CEDAR GROVE BOULEVARD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 13 -01 (Cedar Grove Boulevard - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • City Contract 13 -01 provides for street and utility improvements for Cedar Grove Boulevard (now known as Nicols Road) within the Cedar Grove Redevelopment Area in northwest Eagan (City Project 1088). • On April 2, 2013, the City Council awarded the base bid for Contract 13 -01 for these improvements to Northwest Asphalt, Inc. • Change Order 42 provides for: o The use of alternative construction methods to install storm sewer pipe through unanticipated hardened fly ash material. ADD $6,214.88 o Install polymer wrap on storm sewer and water main for soil vapor protection through unexpected area of previously contaminated soil. ADD $480.00 o The removal of portions of existing catch basin structures to accommodate a street elevation design change to better match grades within the Paragon development. ADD $4,035.00 o The extension of the final contract completion date from June 15, 2014, to August 1, 2014, to reduce aesthetic damages to the final street surface prior to opening for traffic. The revised timing of the associated construction activity (final paving and pavement marking) is based upon the scheduled opening of the Paragon outlet center. No additional cost. • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the City and region. • The change order provides for an additional cost of $10,729.88 (0.51% of original contract) and a City requested change in the completion date of the original contract. The cost of the additional work under the change order will be the responsibility of the City's Major Street Fund. • The change order has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. no Agenda Information Memo February 18, 2014 City Council Meeting P. APPROVE A 2014 PROMOTION AT THE EAGAN COMMUNITY CENTER AND CASCADE BAY FOR MILITARY FAMILIES ACTION TO BE CONSIDERED. To approve a promotion to offer free admission to F.A.N.tastic Saturdays at the Eagan Community Center on the first Saturday of each month, a promotion of offer free access to preschool open play on the first Tuesday of each month at the Eagan Community Center as well as a promotion at Cascade Bay on June 22, 2014 from 6:30 — 8:30 p.m. to celebrate military families by offering free admission to military families and a reduced admission of $2 to anyone else attending. FACTS: • Eagan has been designated a Yellow Ribbon City for its efforts to support military personnel and their families in the community. The Eagan Yellow Ribbon team approached City staff in 2010 to solicit free or low cost activities for Eagan military families. Since 2010, per Council direction, the City offers free admission at the Eagan Community Center for military families to F.A.N.tastic Saturdays on the first Saturday of each month, as well as free admission to Preschool Open Play on the second Tuesday of every month. In 2013, there were 4 free admissions to F.A.N.tastic Saturdays and 1 free admission to Preschool Open Play. In 2011, the Council took action to add a reduced rate admission to Cascade Bay on specified Tuesdays for Eagan military families. Records indicate that in 2012 there were 55 admissions and in 2013 there were 79 admissions for military families however there was still an assumption by many military families that this was not limited to Eagan residents, which created some minor challenges. • The single event being proposed on June 22 will allow for unlimited military families to attend Cascade Bay. Military families will receive free admission, and additional military or invited guests will pay a nominal fee of $2. This option would allow for hundreds of people to attend this specific event and would expand the exposure for military families, regardless of where they live. • Each January staff evaluates the value of the promotions to see if they remain a viable option to offer to Eagan military families and considers any modifications they may wish to recommend. The Yellow Ribbon Team has reviewed the promotions and expressed their ongoing appreciation for the opportunities. • The military promotions are brought to the City Council annually for consideration. ATTACHMENTS: (0) Agenda Information Memo February 18, 2014, Eagan City Council Meeting CONSENT AGENDA Q. APPROVE A RESOLUTION TO ACCEPT A GRANT FROM THE STATE OF MN DEPARTMENT OF AGRICULTURE IN THE AMOUNT OF $2,500 FOR INSTALLATION OF POWER ACCESS POINTS AT EAGAN FESTIVAL GROUNDS. ACTION TO BE CONSIDERED: To approve a Resolution to accept a Value Added Grant from the State of MN Department of Agriculture in the amount of $2,500 and authorize the Mayor and City Clerk to sign all approiate documents and authorize the necessary budget adjustment. FACTS: ➢ At their November 5, 2013 meeting the City Council approved the submission of an application for a Value Added Grant to fund installation of power access points at the Eagan Festival Grounds. ➢ In December 2013 the City of Eagan submitted a grant application. ➢ The City of Eagan was notified that they were awarded a grant of $2,500, which will be matched with 75% in cash. ➢ The grant request included funds to add: • Two portable power carts and units with multiple outlet access for greater power flexibility. • One small permanent power pedestal installed near the front of the Festival Grounds ellipse. • Portable cord covers • Labor and installation fees ➢ By accepting this grant the 2014 Recreation budget would receive a corresponding budget adjustment of: o $2,500 to budget line item 2861.6762 ATTACHMENTS: (2) CQ -1 Resolution on page 31 CQ -2 Grant Application on page CITY OF EAGAN RESOLUTION TO APPROVE A RESOLUTION TO ACCEPT A GRANT FROM THE STATE OF MN DEPARTMENT OF AGRILCULTURE IN THE AMOUNT OF $2,500 FOR INSTALLATION OF POWER ACCESS POINTS AT EAGAN FESTIVAL GROUNDS. WHEREAS, Eagan Parks and Recreation applied for a grant from the MN Department of Agriculture for installation of power access points at the Eagan Festival Grounds; and WHEREAS, at their November 5, 2013 meeting the City Council approved the submission of an application for a Value Added Grant to fund installation of power access points at the Eagan Festival Ground , and WHEREAS, the City of Eagan was notified that they were awarded a grant of $2,500, which will be matched with 75% in cash, and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept a the Value Added Grant from the MN Department of Agriculture in the amount of $2,500 for installation of power access points at the Eagan Festival Grounds . Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19`h day of November, 2013. City Clerk 39 i35� -� VN:0000199151 STATE OF MINNESOTA 3 (4.) E C66IG GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Minnesota Department of Agriculture ( "State ") and City of Eagan 3830 Pilot Knob Road, Eagan, MN 55122 ( "Grantee "). Recitals 1. Under MN Statutes 41A.12 the State is empowered to enter into this grant. 2. The State is in need of increasing sales of Minnesota agricultural products by diversifying markets increasing market access and increasing food safety. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: January 27, 2014, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: June 30, 2015, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: The grantee agrees to install equipment into their Value Added business. The grantee, agrees to supply the State with receipts paid invoices or other`proof of payment relating to their work plan that addresses the Value Added component of their business from their Value Added Grant application which is incorporated into this contract as Attachment A Failure to submit receipts accurately_ proving project payments will disqualify Grantee from distribution of grant funds for this fiscal year. Grantee also agrees that these funds are for no more than twenty -five percent (25 %) match of the total project fund and are not being reimbursed for or cost- shared with any other entity and that all duties have been performed to the State's satisfaction. In addition the grantee a •eig_ es to provide information to the State at a six and twelve month interval regarding the in gross sales increase in number of employees number and type of new accounts served because of the installation of the equipment). 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration.. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be paid 25% of the grant request upon completion of the necessary signatures and the remaining g 5% upon completion and approval by the state of the receipts The rg antee also agrees to provide proof that there was a 4.1 match of the grant funds received. Grantee's work plan specifies that their expenses will not exceed $2,500. _ (1) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed $0.00 provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations, The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $2,500. 4.2. Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: before June 30, 2015. (2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through Title CFDA number of the Act of . The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Emily Murphy Project Consultant 625 North Robert St., St. Paul, MN 55155, 651- 201 -6648, or his /her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Kerry Phillips City of Erman 3830 Pilot Knob Road Eagan, MN 55122. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it, 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. ' 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. ' 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 10.2. Intellectual Property Rights - Joint of Ownership of Intellectual Property Rights A. INTELLECTUAL PROPERTY RIGHTS: All rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the WORKS and DOCUMENTS, shall be jointly owned by the GRANTEE and the STATE. WORKS shall mean all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, < , reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the GRANTEE, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this Contract. "DOCUMENTS" are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether intangible or electronic forms, prepared by the GRANTEE, its employees, agents, or subcontractors, in the performance of this Contract. The ownership interests of the STATE and the GRANTEE in the WORKS and DOCUMENTS shall equal the ratio of each party's contributions to the total costs described in the Budget of this Contract, except that the STATE's ownership interest in the WORKS and DOCUMENTS shall not be less than fifty percent (50 %). The party's ownership interest in the WORKS and DOCUMENTS shall not be reduced by any royalties or revenues received from the sale of the products or licensing or other activities arising from the use of the WORKS and DOCUMENTS. Each party hereto shall, at the request of the other, execute all papers and perform all other acts necessary to transfer or record the appropriate ownership interests in the WORKS and DOCUMENTS. B. OBLIGATIONS: 1, NOTIFICATION: Whenever any invention, improvement or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the GRANTEE, including its employees and contractors, in the performance of this Contract, the GRANTEE shall immediately give the STATE's Authorized Representative written notice thereof, and shall promptly furnish the Authorized Representative with complete information and/or disclosure thereon. All decisions regarding the filing of patent, copyright, trademark or service mark applications and /or registrations shall 3 q be the joint decision of the GRANTEE and the STATE, and costs for such applications shall be divided as agreed by the parties at the time of the filing decisions. In the event the parties cannot agree on said filing decisions, the filing decision will be made by the STATE. 2. REPRESENTATION: The GRANTEE shall perform all acts, and take all steps necessary to ensure that all intellectual property rights in the WORKS and DOCUMENTS are the sole property of the STATE, and that no GRANTEE employee, agent, or contractor retains any interest in and to the WORKS and DOCUMENTS. The GRANTEE represents and warrants that the WORKS and DOCUMENTS do not and shall not infringe upon any intellectual property rights of others. The GRANTEE shall indemnify, defend, and hold harmless the STATE, at the GRANTEE's expense, from any action or claim brought against the STATE to the extent that it is based on a claim that all or part of the WORKS or DOCUMENTS infringe upon the intellectual property rights of others. The GRANTEE shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, attorney fees. If such a claim or action arises, or in the GRANTEE's or the STATE's opinion is likely to arise, the GRANTEE shall, at the STATE's discretion, either procure for the STATE the right or license to use the intellectual property rights at issue or to replace or modify the allegedly infringing WORKS or DOCUMENTS as necessary and appropriate to obviate the claim. This remedy of the STATE shall be in addition to and not exclusive of other remedies provided by law. C. USES OF THE WORKS AND DOCUMENTS: The STATE and GRANTEE shall jointly have the right to make, have made reproduce, modify, distribute, perform, and otherwise use the WORKS., including DOCUMENTS produced under this Contract, for noncommercial research, scholarly work, government purposes, and other noncommercial purposes without payment or accounting to the other party. No commercial development, manufacture, marketing, reproduction, distribution, sales or licensing of the WORKS, including DOCUMENTS, shall be authorized without a future written contractual agreement between the parties. D. POSSESSION OF DOCUMENTS: The DOCUMENTS may remain in the possession of the GRANTEE. The STATE may inspect any of the DOCUMENTS at any reasonable time. The GRANTEE shall provide a copy of the DOCUMENTS to the STATE without cost upon the request of the STATE. E. SUITABILITY: The rights and duties of the STATE and the GRANTEE, provided for above, shall survive the expiration or cancellation of this Contract. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. ' 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 4 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 15.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 15 Data Disclosure Under Minn. Stat. ' 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and /or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies duct finals Imve been encumbered as required by Minn. Stat. " 16A.15 and 16C.05. Signed:��- 11 f1 Date: ���� CFMS Grant cotilract No. 3(4 2. GRANTEE . The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: 3, STATE AGENCY By: (with delegated authority) Title: Date: Distribution: Agency Grantee State's Authorized Representative � H Photo Copy Agenda Information Memo February 18, 2014, Eagan City Council Meeting CONSENT AGENDA R. APPROVE AMENDMENT TO THE ON -SALE LIQUOR AND SUNDAY LIQUOR LICENSE FOR CUPCAKE, INC., DBA CUPCAKE /THE MASON JAR, 1565 CLIFF ROAD, SUITE 1 ACTION TO BE CONSIDERED: To approve an amendment to the on -sale liquor and Sunday liquor license issued to Cupcake, Inc. doing business as Cupcake/The Mason Jar, 1565 Cliff Road, Suite 1. FACTS: ➢ In December, the Council approved an on -sale liquor license for Cupcake/The Mason Jar. At that time, the establishment provided full table service after 3 p.m. on weekdays and 10 a.m. on weekends. Because full table service is required for an on -sale liquor license, the City limited the allowed hours of alcohol sales to after 3 p.m. on weekdays and 10 a.m. on weekends. ➢ Cupcake/The Mason Jar is now a full - service restaurant during all hours of operation. Cupcake, Inc. has submitted a request to the City to amend its liquor license and remove the time limitation on alcohol sales. ➢ If the license is amended, Cupcake/The Mason Jar would be allowed to sell alcohol at all times permitted by State Statute. ➢ Staff has reviewed the request and has not found any reason to deny the license amendment. ATTACHMENTS: (1) A letter from Cupcake, Inc. requesting the license amendment is on page WO �6 THE MASON JAR To the City of Eagan, Cupcake and the Mason Jar restaurant are seeking to make a change to our current liquor license. The current license states that we cannot sell any liquor until 3 pm during the week and 10 am on the weekend. This was included in our license because our service style was fast casual until 3 pm at which point we switched to full service and host seating. We have now made the entire restaurant full service complete with a host every day of the week during all hours of operation. We seek to amend our license and remove the time restrictions so we may begin serving alcohol at times allowed by the state of Minnesota. As our license states we will not serve alcohol past midnight. Thank you for your consideration Kevin VanDeraa, owner Cupcake and the Mason Jar Cupcake and the Mason Jar 1565 Cliff Road L�(0 Eagan, MN 55122 651- 340 -6214 Agenda Information Memo February 18, 2014, Eagan City Council Meeting CONSENT AGENDA T. APPROVE EXEMPT PERMIT FOR THE EAGAN RESOURCE CENTER TO HOLD A RAFFLE ON MARCH 20, 2014 AT ST. JOHN NEUMANN CHURCH, 4030 PILOT KNOB ROAD ACTION TO BE CONSIDERED: To adopt a resolution approving an Exempt Permit for the Eagan Resource Center to conduct a raffle on March 20, 2014 at St. John Neumann Church, 4030 Pilot Knob Road. FACTS: ➢ The Eagan Resource Center has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. The raffle is part of the organization's annual Empty Bowls event. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS: (1) The proposed resolution is attached on page 90 . (The application is available from the Office of the City Clerk.) L4`] RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN RESOURCE CENTER WHERAS, the Eagan Resource Center has applied for an Exempt Permit to conduct a raffle on March 20, 2014; 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 the Eagan Resource Center to conduct a raffle on March 20, 2014 at 4030 Pilot Knob Road. Motion by: Seconded by: Those in favor: Those against: Date: February 18, 2014 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 18th day of February, 2014. City Clerk i� Agenda Information Memo February 18, 2014, Eagan City Council Meeting CONSENT AGENDA U. APPROVE ON -SALE LIQUOR AND SUNDAY LIQUOR LICENSE FOR SAGA BAR AND GRILL, CORP., DBA SAGA BAR AND GRILL, 525 DIFFLEY ROAD, SUITE 2020 ACTION TO BE CONSIDERED: To approve an on -sale liquor and Sunday liquor license for Saga Bar and Grill, Corp. doing business as Saga Bar and Grill, 525 Diffley Road, Suite 2020. FACTS: ➢ Randall Cooper and Pierre Audet, officers of Saga Bar and Grill, Corp., have applied for an on -sale liquor and Sunday liquor license to operate Saga Bar and Grill. ➢ 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 liquor license. ATTACHMENTS: (0) (The complete application is available from the Office of the City Clerk.) L49 Agenda Information Memo February 18, 2014 Eagan City Council Meeting PUBLIC HEARINGS A. LOT 6, BLOCK 1, WHISPERING WOODS DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a portion of a public drainage & utility easement located on Lot 6, Block 1, Whispering Woods, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On December 31, 2013, City staff received a letter from Mr. Mark Bents, 4808 Slater Court (Lot 6, Block 1, Whispering Woods), requesting the vacation of a portion of an existing drainage & utility easement on his single - family residential property, located south of Cliff Road and east of Slater Road in southwest Eagan. • The 10 feet wide drainage & utility easement was dedicated with the Whispering Woods plat in 1985, and is a standard easement located along rear lot lines throughout the plat. • The purpose of the vacation is to reduce the size of the drainage & utility easement to allow for the future planned construction of a shed by the property owner. • The request would vacate the interior 5 feet of the existing 10 feet wide easement on the southeast side of the lot. • Typically the rear lot drainage and utility easements are 10' in width and utilized for overland drainage. The existing topography in the area of this property directs runoff away from the rear lot line, so the easement doesn't fulfill its typical purpose. • Notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page 5� • Easement Vacation Legal Description, graphic, page rJ 50 ' +0 ZIRCON LN. DIFFLEY (RD. r ................ _ DIFFLEY RD. D ms Ki N o CORAL LN. CHIPMUNK CT. d (CO. RD. 30 ) O w. w z w Q m °z o z O 2 o �• TIMBER G pP� y K a N O? t j � ° o 3.1 �P`r AMBER g ° oo z 3 O(.c Qp r W p CT. < TIM'q W M q BADGER TR' CT. METCALF DR. ° Q O Q ART ry DR. a R q ISE ai U a = 2< a Or ?� s INR w v w z ° OpAFR pJ CT. 0 g WO N, o LLj W Q-' G� OZ BEAR PATH -Sc � a s O e: o CANVA B CEDAR RIDGE p LN. X y- >- l 4 Q- CI11RK s Q O FOX R <V O CIR. z m m RIDGE ST. '� NO SHALE o .LANE SHALE LN. .,/"w� ACT., c�i O nn OP�1< zU C O co ° LU za z L . x �Q- p• Q Op ODGP z ;= ERIN CLIFFVIEW " '' a. W J OR. I ���ut LANE w �6js �\pG0 Q Q CLIFFHILL ° i P O s± 2 Z SCOTT !2 w I BEECHER DR. C 0 O DR. a z W a F U w z CLIFF y� V CLIFF ROAD m z CLIFF ,p RD. (CO. RD. 32) CLIFF ROAD :V '?•^- ^- » --«.»- RAHNCLt FF ,) K, NOKIA N WAY CT, G � KARIS w Q O�O z NANCY VACATION LOCATION RIDGECREST QVP J WAY Pnow CIR. CIR. G apQ, CA SENJA U PIN OAK DR. .».I F: CT. oMANOGAN OR w -- .........�._ ' O� RIDGE �.q. Y AR k ¢ VIBURNUM J t �V DR q F- o WAY vQ o OT 3 R' i � u > �j [' O q ' ?rin �6 00 O VIENNA LANE ',(V K m Q;�S�O4" WITR. p -A GO \�O�O\4 ORSSA T JAME JAMES ` ell ,\ WAY 1OC p KINGS RD. �Q� COVINGTON <N mpj�� SLATER �' L O'i` Td LERS R CT. 5 � SKY VIEW ip 9� N TR. „z ' v y D z F °z o y0� GK � � yPQ yTS i yy 1. yPQP o LU TRI eP P ova q a gym' y STORLAND RD. Q 'I ° WP�� MARILYN u• F a w N G2 AVE. OP 1� O LL y 9f m ROYALE I A Oe ESTATES qs CT. DR. i I L: \USERS \ENGINEER \Easement Vacation Graphics \Slater Ct Lot 6, Block 1, Whispering Woods City ofEap Vacation of Public Right -of -Way t I Fig. 1 1/14/2014 Description of Easement to be Vacated: The northwesterly 5.0 feet of the southeasterly platted drainage and utility easement over Lot 6, Block 1, Whispering Woods, Dakota County, Minnesota, excepting the northeasterly and southwesterly 5.0 feet thereof /r,4 �u�g 011P.09 r /� rad� , ,��,�,• 1p�$ ,gam~ 4(� 577,E .�j5• °'�•• �' " giy,,4T 974�'L 40;z � \ t- oi:. -. �• � : 81.. e�cte.. t a b�.Warr•A �s.seeaM'r�! � MtN'W�ia'iA - i eAt 977,', 9,77. o I hereby certify that this survey was prepared by me or under my direst supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota, Dates r Mao y 3i . Bohlen Registered Land Surveyor No. 10795 Agenda Information Memo February 18, 2014 Eagan City Council Meeting PUBLIC HEARING B. BLOCK 3, DAKOTA PATH DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public drainage and utility easements located on Lots 1, 2, 4, 5 and 6, Block 3, Dakota Path, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On January 10, 2014, City staff received a letter from Mr. Daniel Schmidt, Sathre- Bergquist, Inc., representing the property owner and developer, D.R. Horton, requesting the vacation of existing drainage and utility easements on Lots 1, 2, 4, 5 and 6, Block 3, Dakota Path. The parcels are located south of Cliff Road and east of Pilot Knob Road in south - central Eagan. • With the recent platting of the Dakota Path development in 2013, drainage & utility easements were dedicated over a constructed storm water basin. The easements dedicated covered more property than necessary for storm water management and maintenance purposes. • The purpose of the vacation is to reduce the size of the drainage & utility easements to property accommodate the actual storm water management and maintenance purposes. The vacations will also allow for the future planned construction of house decks, with footings, on these lots. • The request would vacate varying width strips of the existing easements that average about 10 feet in width on the side of the lots nearest to the future homes. • Notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page J . • Easement Vacation Legal Description, graphic, page "3 W G m n p�4 P1 - "Y K013TM *y.>fMR {C' 'K '{p�� 1p -TJn OIERLDOKPL I •L` A_ cuR O F LERr - v1. W. prTYECL �PoL wnY O�y,& 4L�'W g�i' �o'/Tb I souTH -'M o 8 Off' �,{LP iTy�. ¢ Y 31�. WAY HILLS lR. �e DELIMARIC rc p 2 � G wlw S uwxL �Lrf` cnRaNnL io q1O� 'o m ? d g RIDGECT KN° Cf ��. OErIM1IATdL w ° Ow i m °R WESCOI RD. o AQi. SH' sam e w�cETL BUCHIIAWK op�e ET °tg �'° 0�3o�3prx cT or 4;� $3 • .HI qR. n. cr. DRIM CREEK RD- —'Yqy Hy(T %CD p - -. pG {yppEN vW CE E CTLIFF rL{. '4 �P � � WDURY KETRE p�,yVI TiY • Op. ,P ,•Ir ".T"� CT � 0� DEERCLIFF � a n PAm ¢ CL ,�1 O.� �5$ TRI £ °�C G � WINDgtE$T 3 lr NSnVANNAH 4 °9F4 2'�}QO S �- I n °j�3 K y U a fp YJN �. nVE. .{�r,F Q�R ; ryaQ DN,.URY CF£smEtY °�2 ` W u S P I MLL RW RAM 4 V .YO R°CKY TR 3 Q TIC pEROGn TR. °� O OA'y APMLOLSA ..E °R NESTBUflY R E !�" DEERROGE T. P r NURmVIflV IWM rA. I p C A IY P pEERWC— —E O DEERWGOD DWVE � o Lw 2 �R 'h ENN Jh I `MANY CnXF � >+ x .Atyw.� ALCOyF f FRt� RAN DEi]i1Vf%ID W NORmVIEW p CT. xx �J GSHELLA 9�p1 Td0°E a a 3 RAS kgK,rOIL ?.. AVE C'M RI 2 LH ��R " ,R —'" DIFFLEY ROAD w O 1 Y MAC PT. IKEEr ao�o DIFFLEY I ROAD 3 7/� 4 LIOULOER PoDGE p J JV S. RR PT w EASIER ° pZ �..v Cumy O ° CDWN c° .. N" Y OW PL ACE -T- K p � � CIEMSON HEML Q CIR 4 Y " E&VSLJd i 2BAL i ,,F y °� I nW ER pdJQ cr. M1N E pti �+ 02� ° Y yWW� CT $ UntSAM Q O E C SST. W. [ 1 nL 3 @ PR' °�` O I WILOfLOH lENt1GT°Y R CT " n RMLK%ICK �i P� °4.AN IVFKLMIRE I JIL? a F pUDO 01. POII FR CSRA °`. dpi m 4 E ^Y, eu _ Jt, A, Z I NWLNRT rdl%ie Qi < PKRK�KV �TS„���y Cq,, �i /�/� v O i LAIC ° °y�y h IEFPERSON 1Llgl PV\ GA' °� J 4 Z 1M111ETQYESS $ _ u u o ° aoua us w.' kol A1 s RD �e w R Run wR, CT u y p ' Ri � .1 i pt i m W,L —RE55 ° Gig n� Q� N(1Rm. k ° Av Rom U° OR ^5� 3 h ` NAUlJiD O /, lAME3PE ° o a �Lp EPoLESS CUIL FAF 2- 5. P DOWOpD 3 S` s m 4° SOUTH D wATER — F e g{KC CREST l3 OR.E DRE L LAKE CT p r 3 ,a Kfi 8 Ot. ol $ Yu qg i p CptR k QQ P I D a' QQ Q/� n 2 CLIFF ROAD U" 3�Qv RE L.VLCASTER "NF A%� R'C {WTD'S AR I CTT UL. w F CL IN 3 M 3x Pig r a° aE. w PROPOSED CAN° a, Q, P.NBfi TRAIL U+ IMNE,PL•E PASS �� EASEMENT 3ME R AY !• GIUCE VACATION I mUwroN I 3 CE, o e NOR Y I n� WAY cT u � O 4R��q' �3 a0 K z v j Lebanon Hills N Y I Regional Park 0 I ROSEMOUNT L1USERS \ENGINEER \Easement Vacation Graphics \Dakota Path Lots 1 -2 & 4 -6, Block 3, Dakota Path Fig. 1 City ofEap Vacation of Drainage & Utility Easement � J 1114/2014 09 v - NW Line of tot 6 I— — — — — — — \ 9.5 I� w /� / m na v N j ' °° ^ Z — — — _ — (/ z 1 -South Line of Lot 6 65.87 E9i — J / N88°59'58 "E — — — — — — �� �l to.9 u N. Line Lot 5 �I 4 00 3 I J 43 00 ac ►� Al W Z ° ai NE Corner 8.82\ — — — — — J / J Lot 2 o S. Line Lot 5 ° t �,_.- N. Line Lot t 4 4 ° O �PO� 1\ 4 9. I O q I NE Corner of Lot /I / � c° = 1 JI 0) t0 4 1 / 1 O my S80 °16'27 "F ^ / //// Z 13.5 . 5 Une �O{ J ro a� 92.30 M/ 'N84 °45'03'E I ` N k p rn' i 63,67 �L'yA�/ 1 �i i/ // 98.43 / - 67.19 /16.0 S88 °30'44 "W �j\ / 1.7// / 7.7 S88 °30'44 "W 10.11 ' - -�6� 206 3 I �/- West Line of Lot I ° East Line of Lot I- / East Line of Lot 2 - �'1 1 / ___ - -- / / , 1101 - West Line of Lot 2 1 DRAINAGE AND UTILITY EASENERNTS ARE SHOWN THUS: L= NOTTOSCALE .Being 5 feel in width and adjoining lot lines, unless otherwise indicated, and 10 feet in width and adjoining right of way lines, unless otherwise indicated, as shown on the plat. EAGLE POINT �� I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 6th day of January, 2014. SATHRE -BER G ; G I Rory L. Synstelien, Minnesota License No. 44565 rory@sathre.com 0 30 60 SCALE IN FEET Np RI`?� Proposed Easement Vacation Area SATHRE- BERGQUIST, INC. W PP 150 South Broadway Ave. Wayzata, MN. 55391 Q "FRa P�P�? (952) 476 -6000 www.sathre.com b5 Easement Exhibit Prepared For D.R. Horton, Inc. - Minnesota Date: 1 -20 -2013 Revision Dale: Prepared By: RLS Check By: Layout Sheet: Project Number: 3850 -006 PROPOSED LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT DEDICATED IN THE PLAT OF DAKOTA PATH (January 20th , 2014) That part of the drainage and utility easement which lies easterly of the westerly 10.00 feet and westerly of the easterly 5.00 feet of Lot 1; together with that part of the drainage and utility easement which lies easterly of the westerly 5.00 feet and westerly of the easterly 5.00 feet of Lot 2; together with that part of the drainage and utility easement which lies northerly of the southerly 5.00 feet and easterly of the westerly 10.00 feet and southerly of the northerly 10.00 feet of Lot 4; together with that part of the drainage and utility easement which lies northerly of the southerly 10.00 feet and southerly of the northerly 5.00 feet of Lot 5; together with that part of the drainage and utility easement which lies northerly of the southerly 5.00 feet and southeasterly of the northwesterly 5.00 feet of Lot 6; all in Block 3, Dakota Path, Dakota County, Minnesota described as follows: Commencing at the southwest corner of Lot 6; thence easterly on an assumed bearing of North 88 degrees 59 minutes 58 seconds East along the south line thereof, a distance of 65.87 feet; thence North 00 degrees 17 minutes 21 seconds East a distance of 72.58 feet to the northwesterly line of said Lot 6 and the point of beginning of the land to be described; thence South 00 degrees 17 minutes 21 seconds West a distance of 211.71 feet; thence South 46 degrees 25 minutes 44 seconds West a distance of 39.30 feet to the south line of said Lot 4; thence South 74 degrees 25 minutes 04 seconds West a distance of 3.55 feet to the east line of said Lot 2; thence North 06 degrees 14 minutes 07 seconds West along the east line of said Lot 2, to a point distant 89.77 feet southerly of the northeast corner of said Lot 2; thence South 88 degrees 30 minutes 44 seconds West, a distance of 67.19 feet to the east line of said Lot 1, thence northerly along said east line of Lot 1 to a point 37.07 feet southerly of the northeast corner of said Lot 1; thence South 88 degrees 30 minutes 44 seconds West a distance of 98.43 feet to the west line of said Lot 1, thence northerly along the westerly line of said Lot 1 a distance of 19.61 feet; thence South 80 degrees 16 minutes 27 seconds East a distance of 92.30 feet; thence North 84 degrees 45 minutes 03 seconds East a distance of 63.67 feet; thence North 63 degrees 31 minutes 40 seconds East a distance of 22.06 feet; thence North 05 degrees 14 minutes 25 seconds East a distance of 69.00 feet; thence North 02 degrees 14 minutes 08 seconds West a distance of 69.98 feet; thence North 02 degrees 26 minutes 36 second East a distance of 53.64 feet; thence North 52 degrees 09 minutes 03 seconds West a distance of 14.14 feet to the northwesterly line of said Lot 6; thence northeasterly to the point of beginning and there terminating. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 6th day of January, 2014. SATHRE - BERGQUI , Rory L. Synslelien, PL Minnesota License No. 44565 rory@sathre.com S SATHRE- BERGQUIST, INC. w 150 South Broadway Ave. �e Wayzata, MN. 55391 o "FRS P�P�? (952) 476 -6000 www.sathre.com Easement Exhibit Prepared For D.R. Horton, Inc. - Minnesota 1 -20 -2013 lRevision Date: red By: RLS Check By: t Sheet: ;t Number: 3850 -006 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER FEBRUARY 18, 2014 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Findings of Fact for the Approval of the Purchase Agreement for the Sale of Cedar Grove Redevelopment District Property to MHC Cedar Grove LLC 3. AUTHORIZE Preparation of ALTA Surveys for Remainder of EDA Owned Lots at Cedar Grove D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN S9 Agenda Information Memo Eagan Economic Development Authority Meeting February 18, 2014 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the February 3, 2014 EDA meeting are enclosed on pages 59 through bO . 2. APPROVE Findings of Fact, Conclusions and Resolution Approving the Purchase Agreement for the Sale of Cedar Grove Redevelopment District Property to MHC Cedar Grove LLC — At its meeting of February 3, 2014, the EDA Board held a public hearing to consider the sale of property to MHC Cedar Grove LLC for the development of a hotel within the redevelopment district. At that time, the Board directed the preparation of Findings of Fact, Conclusions and Resolution to approve the purchase agreement for that purpose. A copy of that document is enclosed on pages (01— through (o 5 . Action in this regard will also authorize the EDA officers to execute all related documents. 3. AUTHORIZE Preparation of ALTA Surveys for Remainder of EDA Owned Lots at Cedar Grove — As the EDA continues to market the remaining outlots in the Cedar Grove Redevelopment, it will become necessary to provide prospective buyers with more detailed survey information regarding the lots. While no specific proposals are in process at this time, staff is requesting authorization to proceed with preparation of ALTA surveys for the remaining EDA owned parcels. In the case of Outlots A and B on either side of the parking garage, the surveys would not be completed until construction in the area is completed, the construction equipment is removed and the sites are restored. e MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota February 3, 2014 A meeting of the Eagan Economic Development Authority was held on Monday, February 3, 2014 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, and Commissioner Hansen. Commissioner Tilley was absent. 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 Fields seconded a motion to approve the agenda as presented. Aye:4 Nay:0 CONSENT AGENDA Commissioner Fields moved, Commissioner Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 It was recommended to approve the minutes of January 21, 2014 - EDA meeting. It was recommended to authorize request for extension of five year rule for Northeast Eagan TIF District #2 -5. It was recommended to approve an extension of Preliminary Redevelopment Agreement with Pratt Development for the Cedar Grove Redevelopment District. There was no Old Business. OLD BUSINESS NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT ® PUBLIC HEARING REGARDING SALE OF PROPERTY FOR STONEBRIDGE APARTMENT DEVELOPMENT PROJECT Community Development Director Hohenstein introduced the item noting at its meeting of December 3, 2013, the Economic Development Authority Board received a presentation by Bill Morrissey, of Morrissey Hospitality Companies, who had submitted an offer for property located on lot embedded within the EDA's Cedar Grove Parking Garage. The concept plan is to create a parcel for a 4 story, 123 unit, limited service hotel. Hohenstein noted the property is just over half of the 1.8 acre parcel between Cedar Grove Parkway and the Parking Garage, Chris Morrissey with Morrissey Hospitality Companies was available for questions. Commissioner Hansen moved, Commissioner Fields 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 MHC Cedar Grove LLC for the property area defined by the project's Preliminary Concept Plan. Aye: 4 Nay: 0 69 CEDAR GROVE REDEVELOPMENT DISTRICT — AUTHORIZE PREPARATION OF SUBDIVISION FOR PROPERTY TO BE SOLD TO MHC CEDAR GROVE LLC Community Development Director Hohenstein introduced the item noting the EDA -MHC Cedar Grove LLC purchase agreement provides for the EDA to complete the subdivision applications in order to create the lot to be sold to the company for the development of the hotel. If the EDA directs findings of fact to approve the purchase agreement, authorization to proceed with the subdivision of the .978 acre lot within the 1.8 acre parcel would be in order. Hohenstein noted authorization at this time will permit the preliminary subdivision application to be completed in parallel with the MHC preliminary planned development application. Commissioner Bakken moved, Commissioner Fields seconded a motion to authorize staff to prepare the preliminary and final subdivision applications for property to be sold to MHC Cedar Grove LLC. Aye: 4 Nay: 0 There was no Other Business. OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 4 Nay: 0 Date UV David M. Osberg, Executive Director BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Sale of Property to MHC Cedar Grove L.L.C. FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION This matter came before the Eagan Economic Development Authority (the "EDA ") at its meeting of February 3, 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 MHC Cedar Grove L.L.C. (hereinafter "Developer "). 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 "), (i � 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. A conceptual development plan was presented by the Developer to acquire the easterly .9 acres of Lot 2, Block 1, Cedar Grove Parkway 2" a Addition for the construction of an extended stay hotel (hereinafter the "Proposed Development "). 7. The Proposed Development is consistent with the Redevelopment Plan. 8. Under the proposed purchase agreement, Developer will acquire the Property for $491,706.00 and will also make a contribution of $489,297.00 for a nonexclusive easement to use 129 parking stalls in the adjacent parking garage (the "Purchase Terms ") 9. The sale of the 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. 10. The Proposed Development will also create additional job opportunities within the Redevelopment District which is also consistent with the Redevelopment Plan. 11. 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 �Ll 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 Developer. CONCLUSIONS 1. The Purchase and Sale Agreement proposed by Developer to construct an extended stay hotel and to make a capital contribution for the adjacent parking garage 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 MHC Cedar Grove L.L.C. for the construction of a hotel. Dated at Eagan, Minnesota this day of 2014. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Mike Maguire President By: David M. Osberg Executive Director 91 Agenda Information Memo Eagan Economic Development Authority Meeting February 18, 2014 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. l��