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07/01/2014 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JULY 1, 2014 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE an extension to the Professional Services Agreement with Mohagen Hansen Architectural Group for Architectural Services Associated with Old Town Hall E. ADOPT a Resolution Accepting a Donation from the Eagan Citizen's Crime Prevention Association (ECCPA) and authorize a Corresponding Budget Adjustment F. APPROVE an Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on September 19, 2014 at 3355 Columbia Drive G. APPROVE a Resolution Appointing Election Judges for the August 12, 2014 Primary Election H. APPROVE Change Order No. 7 to Contract 13 -05 (Cedar Grove Parking Garage) I. APPROVE Change Order No. 3, City Contract No. 13 -01 (Nicols Road Street & Utility Improvements) J. APPROVE Change Order No. 1, City Contract No. 14 -08 (TH 55 /TH 149 Materials Purchase) K. APPROVE Change Order No. 2, City Contract No. 14 -09 (TH 13 /Silver Bell Road /Cedar Grove Parkway Intersection Improvements) L. APPROVE Cooperative Agreement with MnDOT- 1- 35E /Deerwood Noise Wall M. APPROVE changes to Standard Conditions of Plat Approval N. AUTHORIZE Execution of 2015 -2019 Pension Contribution Agreement for the Fire Relief Association 0. RECEIVE Petition to Vacate Public Drainage & Utility Easement, Lot 2, Block 1 Eagandale Office Park 5th Addition, and Schedule Public Hearing for August 4, 2014 V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items scheduled for consideration at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 400� City of EaRan Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: JUNE 27, 2014 SUBJECT: AGENDA INFORMATION FOR JULY 1, 2014 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 1, 2014 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 1, 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 June 10, 2014 Special City Council meeting, and June 17, 2014 regular City Council meeting as presented or modified. Attachments: (1) CA -1 June 10, 2014 minutes CA -2 June 17, 2014 minutes MINUTES SPECIAL CITY COUNCIL MEETING JUNE 10, 2014 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Hansen and Tilley. Councilmember Fields arrived at 6:10 p.m. Councilmember Bakken arrived at 6:40 p.m. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Fire Chief Scott, Fire Marshal Bramwell, Deputy Chief Diloia, Director of Finance Pepper, Director of Parks & Recreation Johnson, Director of Community Development Hohenstein, Communications Coordinator Foote, and GIS /Community Development Specialist Slettedahl. ROLL CALL AND ADOPTION OF THE AGENDA Mayor Maguire moved, Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye:3 Nay:O VISITORS TO BE HEARD There were no visitors to be heard. FIRE DEPARTMENT STRATEGIC PLANNING City Administrator Osberg introduced the item noting Fire Chief Scott will be providing a presentation for informational purposes regarding long term strategic planning for the Eagan Fire Department and providing an update on next proposed steps in the consolidation of fire stations from five to three. Fire Chief Scott provided a staff report noting at the Council Workshop on August 28, 2012, Council was briefed on the challenges the Fire Department was starting to experience regarding volunteer staffing and provided long term concepts for the sustainability of the Fire Department. Scott provided a presentation on what has occurred since 2012 and provided an overview of the proposed staffing plan. Scott provided an overview of the proposed timeline for consolidation, building plans and preliminary costs. Finance Director Pepper provided additional information on the tax levy impact. City Administrator Osberg noted staff is seeking feedback and direction from the Council on the information presented for possible inclusion in the 2015 budget. The Council discussed the proposed long term strategic plan. After further discussion, it was the consensus of the Council to include the proposed consolidation and building plans in the 2015 budget conversation for further consideration. MAXFIELD COUNTY HOUSING STUDY (Joint Meeting with the Advisory Planning Commission) Director of Community Development Hohenstein introduced Mary Bujold of Maxfield Research and Mark Ulfers, Executive Director with the Dakota County CDA. Hohenstein gave a staff report and noted the presentation from Maxfield Research represents the needs and recommendations in Eagan and Dakota County. The Maxfield /CDA Report's general estimates and projections of households and Special City Council Minutes June 10, 2014 Page 2 population generally align with those of City staff. Both are a lower level than those incorporated in the Metropolitan Council Thrive 2040 process. Mary Bujold gave a summary of the findings on the housing study. The Council and members of the Planning Commission discussed the housing study with Ms. Bujold and Mr. Ulfers. It was noted that Eagan is approaching full build out in its residential areas, meaning there are fewer opportunities to increase density except in some infill and redevelopment circumstances. Mr. Ulfers said that Eagan already has more diversity of housing types and values than many cities, but the City may still find opportunities for additional density if it is open to them. Mr. Ulfers also noted that the availability of resources will affect the number of future senior and workforce housing projects the CDA will be able to do in Eagan, while it invests in similar projects elsewhere in the County. Mayor Maguire thanked the Advisory Planning Commission for attending the meeting. REVIEW FUTURE OPTION FOR OLD TOWN HALL Mayor Maguire thanked members of the Eagan Historical Society for attending the meeting. City Administrator Osberg introduced Mark Hansen and Steve Oliver of Mohagen Hansen Architectural and Stewart MacDonald of MacDonald & Mack Architects. Osberg noted at the February 11, 2014 Council workshop, the Council gave direction to pursue proposals from architects seeking rough cost estimates and sketches of the following three options associated with relocating /reconstructing the Old Town Hall: build a stand -alone building on the municipal campus, reconstruct Old Town Hall as a building addition of City Hall, and to explore use of the former Fire Administration building. On April 16, 2014, the Council approved a professional services agreement with Mohagen Hansen Architectural Group, in partnership with MacDonald & Mack Architects. The Council is being asked to provide direction on how best to proceed with the Old Town Hall. Mark Hansen and Steve Oliver of Mohagen Hansen Architectural Group and Stuart MacDonald of MacDonald and Mack Architects provided a presentation to the City Council on options available for the future relocation and restoration of Old Town Hall. The City Council discussed the options and their preferences, noting their hope to restore the Old Town Hall structure. The Council directed staff to continue working with Mohagen Hansen to gather additional information on the option to relocate Old Town Hall to the Municipal Center Campus. The Council directed that no addition to City Hall be explored at this time as programming space for the Eagan Historical Society could be a consideration in the current space needs study underway for the Police Department and City Hall. The Council asked for additional research on costs to restore Old Town Hall, ranging from a structure -only with no services (seasonal use only) to a fully restored structure with HVAC, a basement foundation, etc. Mr. Hansen noted that additional information on a continuum of options for restoring Old Town Hall could be prepared. The Council also asked for limited options regarding the future of use of the current Old Town Hall site. The Council noted they support staff continuing to explore the possible use of the Fire Administration Building for municipal operations, which could include use by the EHS and arts programming, if the building does not sell on the private market. The Council also Special City Council Minutes June 10, 2014 Page 3 suggested that the relocation of Old Town Hall could happen in advance of any decisions being formalized with regard to space needs. The Council sought feedback from members of the EHS in the audience. EHS members expressed their hope that both the outside and inside of the Old Town Hall structure could be restored. Communications Coordinator Foote noted the space needs of the EHS, particularly as it relates to programming, file storage and maintaining documents from more recent history (e.g. 1960's- 1980's). The Council briefly discussed fundraising opportunities, and suggested that once an option is selected with regard to restoring Old Town Hall, the EHS could then consider fundraising for a specific aspect of the project (e.g. HVAC system, a monument on site, etc.) The Council directed that the options being prepared by Mohagen Hansen be brought back to a future City Council workshop. 2015 GENERAL FUND BUDGET CHECK IN City Administrator Osberg noted in late April, staff began the 2015 budget process. Department Directors are currently preparing 2015 budget proposals. The General Fund, Civic Arena and E -TV budget proposals were submitted on June 6t". Osberg noted the recommended budget is scheduled to be presented to the City Council for formal and detailed review at the August 11, 2014 Special City Council meeting. OTHER BUSINESS City Administrator Osberg confirmed with the Council that the Special Workshop is scheduled for Monday, August 11 and the Canvassing Board Meeting on Thursday, August 14 at 8:45 a.m. ADJOURNMENT Mayor Maguire moved, Councilmember Tilley seconded a motion to adjourn at 8:40 p.m. Aye: 5 Nay; 0 Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 17, 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, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, June 17, 2014 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Communications Garrison, Director of Finance Pepper, 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 the addition to the Consent Agenda, Item W. Extension of time to record the plat for Safari at Eagan 4t" Addition. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye:5 Nay :0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of June 3, 2014 City Council meeting. B. Personnel Items 1. It was recommended to approve the reclassification of the IT Network Administrator from Level 12 to Level 13. 2. It was recommended to approve the reclassification of the Accounts Payable Specialist from Clerical Union Level 4 to Clerical Union Level 5. 3. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve check registers dated May 30, and June 6, 2014. D. It was recommended to direct the City Attorney's Office to prepare an ordinance amendment to City Code Chapter 6.34 relative to the sale of tobacco, tobacco - related devices, electronic delivery devices and nicotine and lobelia products. E. It was recommended to reschedule the August 14, 2014 Special City Council meeting to August 11, 2014 and schedule a Canvassing Board Meeting at 8:45 a.m. on August 14, 2014. F. It was recommended to approve a resolution appointing absentee ballot board judges and designating them deputy city clerks for the purpose of administering elections. G. It was recommended to approve a temporary on -sale liquor license for the Scottish Fair and Highland Games on July 12, 2014 at 3355 Columbia Drive. City Council Meeting Minutes June 17, 2014 2 page H. It was recommended to approve an off -sale 3.2 percent malt liquor (beer) license for Eagan 2014 LLC doing business as Cub Foods located at 1276 Town Centre Drive. I. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 19 -21, 2014 at 3355 Columbia Drive. J. It was recommended to approve a Sound Amplification Permit and Waiver of fee for an outdoor event with electronic sound system /audio equipment use after 10 p.m. to be held on September 20, 2014 at 3355 Columbia Drive. K. It was recommended to approve the 2014 General Fund Budget adjustment of $256,800 to account for the SAFER (Staffing for Adequate Fire and Emergency Response) Grant. L. It was recommended to approve Financial Audit Services agreement in the amount of $48,300, Single Audit Services (if needed) for $3,000, and appoint Kern DeWenter Viere, LTD (KDV) as the City Auditor for the 2014 fiscal year. M. It was recommended to approve the Third Amendment to the Special Events Agreement with CSM for public use of the parking areas on the former Lockheed Martin property during the 2014 Fourth of July Funfest. N. It was recommended to receive bids for Contract 14 -04 (TH 55 /TH 149 Safety and Capacity Improvements) and award the contract to Max Steininger, Inc. in the base bid amount of $6,798,652.72, and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve the recommendations of the Public Works Committee regarding various appeals to Inflow & Infiltration (I &I) Program surcharges. P. It was recommended to approve services agreement with CLIMB Theatre Company for the 2014 -15 school year to provide an environmental awareness program in Eagan public schools, according to past practice, and authorize staff to oversee and manage the program. Q. It was recommended to approve Change Order No. 1 to Contract 14 -01 (2014 City -Wide Water Quality — Storm Sewer Improvements), and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve Change Order No. 1 to Contract 14 -09 (Truck Highway 13 /Silver Bell Road and Nicols Road /Cedar Grove Parkway /Silver Bell Road — Intersection Improvements) and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to approve a one -year extension of the Conditional Use Permit approval for property at 1090 Gemini Road. T. It was recommended to approve a professional services agreement with CNH Architects for a space needs analysis for the Police /City Hall Campus Facility. U. It was recommended to adopt a resolution granting authorization to the Chief of Police and Finance Director to apply for a grant through the United States Department of Justice (USDOJ). V. It was recommended to approve the final payment of $273,915.62 to CenturyLink for the relocation of CenturyLink fiber optic facilities within the Cedar Grove Redevelopment Area and authorize the Mayor and City Clerk to execute all related documents. W. It was recommended to approve a 60 -day extension of time to record the final plat for Safari at Eagan 4t" Addition. PUBLIC HEARINGS LOT 21, BLOCK 1, FAWN RIDGE EASEMENT VACATION City Council Meeting Minutes June 17, 2014 3 page City Administrator Osberg noted the Council is being asked to approve a portion of a public drainage and utility easement as part of a petition received on May 7, 2014. If granted the request it would allow the homeowner to build a 14 foot by 14 foot deck at 4477 Fawn Ridge Trail. Public Works Director Matthys gave a staff report. The applicant, Jane Juutilainen, was present and available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the vacation of a portion of a public drainage and utility easement located on Lot 21, Block 1, Fawn Ridge and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 PUBLIC HEARING PUBLIC HEARING FOR CONSIDERATION OF AMENDMENT TO CITY BUSINESS ASSISTANCE POLICY REGARDING TAX ABATEMENT City Administrator Osberg noted the Council last considered the public finance assistance policy of the City of Eagan in August, 2012. As one of its 2014 Priorities, the City Council included an intention to "reform the City's Financial Assistance Policy to enhance the City's flexibility and ability to pursue City priorities and amenities." Osberg noted on May 7, 2014, the Finance Committee reviewed the policy and recommended Council consider an amendment of the policy to permit the City the flexibility to consider tax abatement for the attraction of a colocation data center, attraction of a carrier neutral carrier hotel and redevelopment and revitalization projects, under certain circumstances. 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 an amendment to the City of Eagan Business Assistance Policy regarding the use of Tax Abatement for specific purposes. Aye:5 Nay:O PUBLIC HEARING TO CONSIDER PUBLIC FINANCING ASSISTANCE TO DATABANK HOLDINGS LP FOR THE CONVERSION OF PROPERTY AT 3255 NEIL ARMSTRONG BOULEVARD TO A COLOCATION DATA CENTER City Administrator Osberg noted the Council is being asked to consider four actions: to approve the property tax abatement for DataBank Holdings, LP, a resolution for the Minnesota Department of Employment and Economic Development Minnesota Investment Fund application, grant agreement and forgivable loan for $150,000 for DataBank Holdings, LP, a resolution supporting DataBank Holdings LP's application Minnesota Job Creation Fund Business Designation in the amount of $270,000, and to approve a waiver of the applicant fee and escrow requirement for the DataBank financing application. City Council Meeting Minutes June 17, 2014 4 page Director of Community Development Hohenstein gave a staff report and provided additional information. He indicated the DataBank project is a colocation data center and carrier neutral carrier hotel, both of which have been priorities for the City Council for a number of years, due to their benefits to the Eagan business community and the region. Representatives of DataBank, Tim Moore and Kevin Oley were present and available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve findings of fact, conclusions and a resolution regarding Property Tax Abatement for DataBank Holdings, LP of the City portion of the incremental tax revenue generated from improvements on the property related to the project. Aye:5 Nay:0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a resolution authorizing and approving a Minnesota Department of Employment and Economic Development Minnesota Investment Fund application, grant agreement and forgivable loan for $150,000 for DataBank Holdings, LP. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a resolution supporting DataBank Holdings LP's application Minnesota Job Creation Fund Business Designation in the amount of $270,000. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a waiver of the application fee and escrow requirement for the DataBank financing application. Mayor Maguire noted the importance of this project to the City and that much work has been done over the years in preparation for this opportunity and in recent months to bring the DataBank project into reality. Councilmember Hansen concurred and thanked the Finance Committee and staff for their ongoing work, which made it a straightforward decision for the Council. OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION — INTERSTATE PARTNERS (CITYVUE COMMONS) City Administrator Osberg noted the property is located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue. The Council is being asked to consider three actions, to implement a comprehensive guide plan land use amendment to change the land use designation from Special Area /Office Service to Special Area /Mixed Use upon approximately 10 acres, a preliminary planned development to establish a missed use development project, and a preliminary subdivision to create six lots. City Planner Ridley gave a staff report. Ridley noted the developer is proposing approximately 1.3 parking spaces per dwelling unit that the Eagan Fire Department is concerned with the proposed ratio and would prefer the City Code standard of a minimum of two stalls per unit be provided. Ridley stated that the developer offered to delay development of the apartments until they are City Council Meeting Minutes June 17, 2014 5 page fully leased so the actual parking demand for that facility would be known. If the parking of 1.3 stalls /unit was proven to be inadequate, the developer stated they would provide additional parking on Lot 3 to serve the 10- story. The size of the future apartment building on Lot 3 would be reduced accordingly. Lonnie Provencher, Interstate Partners, stated the development team was available for questions. Mayor Maguire stated he understood that Interstate was essentially proposing that Lot 3 would serve as proof of parking for Lot 2 until the parking demand for the ten -story building is fully understood by City Planning and Public Safety staff. Should additional parking be needed it will be provided on Lot 3 and the capacity of any future development on Lot 3 will be informed by the established parking needs of Lot 2. Future development of Lot 3 will require an amendment to the Planned Development. After further City Council and staff discussion, Mr. Provencher stated the applicant was supportive of the approach outlined by the Mayor. Councilmember Fields stated she would like to add a condition that prohibits designated retail tenant parking spaces save for exception of "food to go" pick up parking stalls. The Council further discussed the request. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to implement a Comprehensive Guide Plan Land Use Amendment to change the land use designation from Special Area /Office Service to Special Area /Mixed Use upon approximately 10 acres generally located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary Planned Development to establish a mixed use development project upon approximately 10 acres generally located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue, subject to the following conditions as amended: Aye: 5 Nay: 0 1. A Preliminary Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. The Preliminary PD Agreement shall contain the following plans. The following plans shall be revised and submitted as Master Development Plans prior to Final Subdivision and Final Planned Development approval. • Preliminary Site Plan Preliminary Building Elevation Plans Preliminary Landscape Plan • Preliminary Signage Plan • Preliminary Site Lighting Plan A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement and shall be consistent with the approved master plans for the Preliminary Planned Development. • .Final Site Plan City Council Meeting Minutes June 17, 2014 6 page • Final Building Elevations • Final Landscape Plan • Final Signage Plan • Final Lighting Plan 3. The property shall be platted. 4. The Planned Development shall have a 5 -year term. 5. Cross - easements for ingress /egress and shared parking with Lots 2, 4 and 5 shall be executed in a form acceptable to the City Attorney. 6. All building address numbers shall be determined by the City at the time of Final Subdivision. Building identification numbers shall be installed consistent with the City Code Section 2.78. 7. This Planned Development allows for a total building area of up to 28,150 SF of retail commercial, restaurant and service uses. 8. Uses that are considered conditional uses in CSC zoning districts shall be subject to a Planned Development Amendment and allowed only if such Amendment is approved by the City. 9. On -sale and off -sale liquor shall be allowed for Lots 1, 4, 5 and 6. All on /off -sale liquor shall be subject to a separate license and compliance with City Code liquor licensing requirements. 10. For each outdoor dining area, a detailed patio seating plan shall be provided at the time of Final Planned Development. 11. Outdoor patio dining shall meet City Code requirements of Sec. 11.70, Subd. 29, including, but not limited to: a) Outdoor dining areas shall beset back a minimum of 20' from public rights -of -way and from internal private streets. b) Outdoor dining areas shall not interfere with any pedestrian traffic or walkways intended for the general public. c) The outdoor dining area shall be enclosed by a fence if seating is provided for more than 24 or if alcoholic beverages are served within the outdoor dining area. 12. Parking in the amount of 1 stall for each 12 outdoor seats is required for outdoor dining areas of more than 24 seats. 13. All sewer availability charges imposed as a result of additional seating in the outdoor dining area shall be paid prior to the operation of any business within the outdoor dining area. 14. Detailed building elevations shall be provided at the time of Final Planned Development for each lot and building. All buildings in the development shall utilize the same architectural finish materials and features, and all building elevations throughout the development shall be consistent and must be approved at the time of Final Planned Development. 15. The Final Building Elevations provided at the time of Final Planned Development for each building shall include four sided architecture and meet material finish requirements. 16. The Final Building Elevations provided at the time of Final Planned Development for Lot 1 shall be revised to meet material requirements on the south elevation. 17. The Final Building Elevations provided at the time of Final Planned Development for each building shall be revised if necessary to ensure visual relief with sections or variations in planes and materials every 40 feet as per City Code standards. 18. Mechanical equipment shall be screened per City Code requirements a 30" minimum parapet height. The elevation plans shall also indicate that equipment is placed 20' from the edge of buildings as required by City Code, and depicted on final drawings for Building Permit. 19. All trash storage areas shall be attached to the principal buildings or within the principal building. The trash storage area shall be of a size that can accommodate both trash and recyclable materials storage, and constructed in accordance with City Code design requirements. City Council Meeting Minutes June 17, 2014 7 page 20. Height requirements for all new buildings shall meet City Code requirements. 21. Parking stalls shall be no smaller than 9' x 18'. 22. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 23. "Fire Lane /No Parking" signage shall be installed along the curb line within the development as noted on Emergency Access Plan L1.2 in all shaded areas to ensure they be kept open for emergency vehicle access. 24. The applicant shall submit a revised Site Plan that identifies all public drainage and utility easements. 25. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the apartment buildings (FTTH) or conduit to the site to permit third party providers to install FTTH within the development. 26. The applicant shall provide required recreational space for the apartment buildings, per City Code requirements utilizing the roof deck, trails along the streets and ponding area to the west for the 10 -story apartment building. The applicant shall revise the total figure with the Final Planned Development submittal. 27. The applicant shall provide required storage space for the apartment buildings, per City Code requirements. Signage 28. All retail /commercial building signage shall be consistent in design. 29. All apartment complex signage shall be of backlit (halo) design. 30. Building signs within this development shall be limited to the City Code standard of 20% of the tenant fagade area. 31. Menu board signs shall not exceed 7 feet in height. 32. The exterior elevations for the inline retail buildings shall equally allot the sign bands, provide adequate spacing between the sign bands and allow up to two total signs for the end units and one for each interior tenant, as required by City Code. 33. The pylon sign shall not exceed 27 feet in height and shall comply with all other City Sign Code requirements. 34. The monument signs shall incorporate the overall name of the Center. The monument signs shall not exceed 7 feet in height and shall comply with all other City Sign Code requirements. 35. The monument sign adjacent to Town Centre Drive shall meet the 10' setback requirement. 36. Sign permits shall be obtained prior to installation for the building, monument and pylon signs. 37. All canopies shall be of metal construction and awnings shall be constructed of Sunbrella, Arlon or Canvas material and shall exclude tenant identification. 38. To establish and document sign placement, size and design parameters for the development, a Master Sign Agreement shall be provided, in a form acceptable to the City Attorney, to be executed and recorded against the property with the Preliminary Planned Development Agreement. Landscaping 39. A Final Landscape Plan is required for each lot at the time of Final Planned Development. 40. The Landscape Plan shall separate the shade and ornamental trees located within the plant schedule and quantities shall be verified. 41. The Landscape Plan key shall be revised to verify plantings meet minimum size requirements per City Code. City Council Meeting Minutes June 17, 2014 8 page 42. The Landscape Plan shall be revised to enhance foundation plantings, specifically on Lots 5 and 6 near the drive throughs. 43. Overstory trees shall be placed so as not to conflict with pole lighting or utilities such as hydrants. 44. Overstory trees shall be planted within parking islands wherever possible to maximize shade coverage of pavement areas. Lighting 45. A Final Lighting Plan is required for each lot at the time of Final Planned Development. 46. All lighting utilized shall be shielded so the source of light is not visible from off the property and to prevent glare. 47. All parking lot lighting shall provide a minimum of 0.5 footcandles throughout, with an average to minimum ratio of not more than 4. Eneineerine Considerations 48. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 49. The applicant shall obtain temporary construction easements for all off -site work. 50. All retaining walls shall be located outside of drainage and utility easements. 51. The drainage and utility easements shall be removed over the stormwater pond, infiltration basin, and storm sewer pipes on the east side of Lots 2 and 3, and south side of Lot 4. 52. Private utility easements and /or maintenance agreements for the private utilities shall be provided in a form acceptable to the City Attorney. 53. The applicant shall provide a private maintenance agreement for the private street, in a form acceptable to the City Attorney, at time of final subdivision approval. 54. The alignment of the private street with Promenade Avenue to the north shall be approved by both the City Engineer and County Engineer. 55. A traffic study and Intersection Control Evaluation shall be prepared at the Yankee Doodle Road intersection in a manner acceptable to both the City Engineer and County Engineer. 56. The applicant shall dedicate right -of -way along Yankee Doodle Road (County 28), in accordance with Dakota County standards, and easements for future traffic signal loops and equipment and over any public utilities installed in the development. 57. The applicant shall obtain all necessary permits from Dakota County for any work within the Yankee Doodle Road right -of -way. 58. This development shall dedicate public drainage & utility easement over all public utilities at a minimum width of 20 feet. 59. The applicant shall dedicate a public easement of sufficient size for the placement of future traffic signal loop detectors and equipment. 60. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney. 61. Before receiving a grading permit or final subdivision approval, the applicant shall enter into a long -term stormwater management system maintenance agreement with the City, detailing the City Council Meeting Minutes June 17, 2014 9 page maintenance required to maintain proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 62. Before issuing a Certificate of Occupancy, the applicant shall provide the City as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (ponding, infiltration basin, etc.) conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities (pond, infiltration basin, etc.). 63. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 64. "No Parking /Fire lane" shall be installed along the private street within the development to ensure they be kept open for emergency vehicle access. Stormwater Management /Water Quality 65. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality (i.e. pollutant, rate, and volume control). 66. Prior to receiving a grading permit or final subdivision approval, the applicant shall provide the City with soil- boring logs (minimum of 2 taken within the location of each proposed filtration or infiltration feature), extending 15' below the bottom of the proposed excavation / over - excavation elevation, to evaluate suitability for infiltration. If the soil boring logs indicates incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and /or construction plans to ensure volume control requirements are fully met. 67. The applicant shall provide construction details of proposed infiltration basin for City review (cross- section, construction / protection / sequencing notes, sizing /volume tables, inlet, outlet /under -drain details, planting details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). The infiltration basin shall be off -line when at design volume, and with a maximum temporary ponding depth of 1.5'. If an under -drain is used, an easily accessible gate -valve must be installed to be able to regulate under -drain outflow. The infiltration basin shall planted, with live plants (pots or plugs), rather than relying on seed alone. 68. The applicant shall provide construction details of proposed stormwater pond for City review (cross- section, construction / protection / sequencing notes, sizing /volume tables, outlet /under- drain details, buffer planting details, etc.), to ensure the stormwater pond is properly designed and constructed according to the MPCA Stormwater Manual, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). 69. During infiltration basin over - excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist is present to verify that infiltration basin sub -soils are suitable for infiltration, within 48 hours, at the planned saturated soil infiltration rate and basin depth. 70. The applicant shall provide adequately sized pre- treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all water quality/ stormwater pond inlets to provide for effectively capture and easily - accessible cleanout of fine -sand sized particles. These details shall be included in applicable plan sheet(s). 71. The applicant shall provide a minimum of 15- foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge to all stormwater facilities' inlets /outlets. The unobstructed equipment access path shall be City Council Meeting Minutes June 17, 2014 10 page capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the pond and infiltration basin. Tree Preservation 72. The applicant shall fulfill tree mitigation requirements through the installation of sixty -eight (68) Category B equivalent trees. 73. The applicant shall work with City Forestry staff as grading and tree removal occurs. City Forestry staff will make final decisions concerning tree survivability and adjust tree mitigation requirements accordingly. 74. The applicant shall protect the preserved individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 75. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Parks and Recreation 76. The development of Lot 3 (90 unit apartment complex) shall be responsible for a cash park dedication. No dedication is required for the remaining lots as park dedication was previously satisfied with original development. Lot 3 is responsible for the cash dedication, payable at the time of building permit at the rates then in effect. 77. Required trail dedication shall be fulfilled through the construction of walks and trails with public recreational and transportation benefits, as identified on the Site Plan. The construction of these walks and trails satisfies the trail dedication requirements and no additional cash payment shall be required. 78. Development of Lot 3 shall be delayed at least 15 months following the opening of the apartments on Lot 2. No development shall be permitted on Lot 3 until staff is satisfied that there is sufficient parking for Lot 2. If parking is deficient, additional parking shall be constructed and cross easements (in a form acceptable to the City Attorney) shall be prepared for cross parking. Development of Lot 3 shall be limited to accommodate parking for development of this lot. 79. Lot 3 shall be restricted to use as "proof of parking" to accommodate the parking needs for the other lots in the subdivision. Development of the lot for apartment use shall be allowed upon applicant establishing to the sole satisfaction of the City Council that parking on Lot 3 for the benefit of the other lots is unnecessary or that the proposed development can accommodate all the necessary parking per City Code. 80. Signage designating parking stalls for specific tenants shall be prohibited save for stall(s) signed for "food pick up" parking. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Preliminary Subdivision (CityVue Commons) to create six lots upon approximately 10 acres generally located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 61, B2, B3, C1, C2, C4, E1 and F1 2. The property shall be platted. City Council Meeting Minutes June 17, 2014 11 page 3. Cross- easements for ingress /egress and shared parking with Lots 2, 4 and 5 shall be executed in a form acceptable to the City Attorney. 4. All building address numbers shall be determined by the City at the time of Final Subdivision. Building identification numbers shall be installed consistent with the City Code Section 2.78. 5. This Planned Development allows for a total building area of up to 28,150 SF of retail commercial, restaurant and service uses. 6. Uses that are considered conditional uses in CSC zoning districts shall be subject to a Planned Development Amendment and allowed only if such Amendment is approved by the City. 7. On -sale and off -sale liquor shall be allowed for Lots 1, 4, 5 and 6. All on /off -sale liquor shall be subject to a separate license and compliance with City Code liquor licensing requirements. 8. For each outdoor dining area, a detailed patio seating plan shall be provided at the time of Final Planned Development. 9. Outdoor patio dining shall meet City Code requirements of Sec. 11.70, Subd. 29, including, but not limited to: a. Outdoor dining areas shall be set back a minimum of 20' from public rights -of -way and from internal private streets. b. Outdoor dining areas shall not interfere with any pedestrian traffic or walkways intended for the general public. c. The outdoor dining area shall be enclosed by a fence if seating is provided for more than 24 or if alcoholic beverages are served within the outdoor dining area. 10. Parking in the amount of 1 stall for each 12 outdoor seats is required for outdoor dining areas of more than 24 seats. 11. All sewer availability charges imposed as a result of additional seating in the outdoor dining area shall be paid prior to the operation of any business within the outdoor dining area. 12. Detailed building elevations shall be provided at the time of Final Planned Development for each lot and building. All buildings in the development shall utilize the same architectural finish materials and features, and all building elevations throughout the development shall be consistent and must be approved at the time of Final Planned Development. 13, The Final Building Elevations provided at the time of Final Planned Development for each building shall include four sided architecture and meet material finish requirements. 14. The Final Building Elevations provided at the time of Final Planned Development for Lot 1 shall be revised to meet material requirements on the south elevation. 15. The Final Building Elevations provided at the time of Final Planned Development for each building shall be revised if necessary to ensure visual relief with sections or variations in planes and materials every 40 feet as per City Code standards. 16. Mechanical equipment shall be screened per City Code requirements a 30" minimum parapet height. The elevation plans shall also indicate that equipment is placed 20' from the edge of buildings as required by City Code, and depicted on final drawings for Building Permit. 17. All trash storage areas shall be attached to the principal buildings or within the principal building. The trash storage area shall be of a size that can accommodate both trash and recyclable materials storage, and constructed in accordance with City Code design requirements. 18. Height requirements for all new buildings shall meet City Code requirements. 19. Parking stalls shall be no smaller than 9' x 18'. 20. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. City Council Meeting Minutes June 17, 2014 12 page 21. "Fire Lane /No Parking" signage shall be installed along the curb line within the development as noted on Emergency Access Plan 1-1.2 in all shaded areas to ensure they be kept open for emergency vehicle access. 22. The applicant shall submit a revised Site Plan that identifies all public drainage and utility easements. 23. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the apartment buildings (FTTH) or conduit to the site to permit third party providers to install FTTH within the development. 24. The applicant shall provide required recreational space for the apartment buildings, per City Code requirements utilizing the roof deck, trails along the streets and ponding area to the west for the 10 -story apartment building. The applicant shall revise the total figure with the Final Planned Development submittal. 25. The applicant shall provide required storage space for the apartment buildings, per City Code requirements. Signage 26. All retail /commercial building signage shall be consistent in design. 27. All apartment complex signage shall be of backlit (halo) design. 28. Building signs within this development shall be limited to the City Code standard of 20% of the tenant fagade area. 29. Menu board signs shall not exceed 7 feet in height. 30. The exterior elevations for the inline retail buildings shall equally allot the sign bands, provide adequate spacing between the sign bands and allow up to two total signs for the end units and one for each interior tenant, as required by City Code. 31. The pylon sign shall not exceed 27 feet in height and shall comply with all other City Sign Code requirements. 32. The monument signs shall incorporate the overall name of the Center. The monument signs shall not exceed 7 feet in height and shall comply with all other City Sign Code requirements. 33. The monument sign adjacent to Town Centre Drive shall meet the 10' setback requirement. 34. Sign permits shall be obtained prior to installation for the building, monument and pylon signs. 35. All canopies shall be of metal construction and awnings shall be constructed of Sunbrella, Arlon or Canvas material and shall exclude tenant identification. 36. To establish and document sign placement, size and design parameters for the development, a Master Sign Agreement shall be provided, in a form acceptable to the City Attorney, to be executed and recorded against the property with the Preliminary Planned Development Agreement. Landscaping 37. A Final Landscape Plan is required for each lot at the time of Final Planned Development. 38. The Landscape Plan shall separate the shade and ornamental trees located within the plant schedule and quantities shall be verified. 39. The Landscape Plan key shall be revised to verify plantings meet minimum size requirements per City Code. 40. The Landscape Plan shall be revised to enhance foundation plantings, specifically on Lots 5 and 6 near the drive throughs. 41. Overstory trees shall be placed so as not to conflict with pole lighting or utilities such as hydrants. City Council Meeting Minutes June 17, 2014 13 page 42. Overstory trees shall be planted within parking islands wherever possible to maximize shade coverage of pavement areas. Lighting 43. A Final Lighting Plan is required for each lot at the time of Final Planned Development. 44. All lighting utilized shall be shielded so the source of light is not visible from off the property and to prevent glare. 45. All parking lot lighting shall provide a minimum of 0.5 footcandles throughout, with an average to minimum ratio of not more than 4. Engineering Considerations 46. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 47. The applicant shall obtain temporary construction easements for all off -site work. 48. All retaining walls shall be located outside of drainage and utility easements. 49. The drainage and utility easements shall be removed over the stormwater pond, infiltration basin, and storm sewer pipes on the east side of Lots 2 and 3, and south side of Lot 4. 50. Private utility easements and /or maintenance agreements for the private utilities shall be provided in a form acceptable to the City Attorney. 51. The applicant shall provide a private maintenance agreement for the private street, in a form acceptable to the City Attorney, at time of final subdivision approval. 52. The alignment of the private street with Promenade Avenue to the north shall be approved by both the City Engineer and County Engineer. 53. A traffic study and Intersection Control Evaluation shall be prepared at the Yankee Doodle Road intersection in a manner acceptable to both the City Engineer and County Engineer. 54. The applicant shall dedicate right -of -way along Yankee Doodle Road (County 28), in accordance with Dakota County standards, and easements for future traffic signal loops and equipment and over any public utilities installed in the development. 55. The applicant shall obtain all necessary permits from Dakota County for any work within the Yankee Doodle Road right -of -way. 56. This development shall dedicate public drainage & utility easement over all public utilities at a minimum width of 20 feet. 57. The applicant shall dedicate a public easement of sufficient size for the placement of future traffic signal loop detectors and equipment. 58. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney. 59. Before receiving a grading permit or final subdivision approval, the applicant shall enter into a long -term stormwater management system maintenance agreement with the City, detailing the maintenance required to maintain proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 60. Before issuing a Certificate of Occupancy, the applicant shall provide the City as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (ponding, infiltration basin, etc.) conform to design and /or construction plans, as approved by City Council Meeting Minutes June 17, 2014 14 page the City. As- built volumes of retention & detention shall be provided for all stormwater facilities (pond, infiltration basin, etc.). 61. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 62. "No Parking /Fire lane" shall be installed along the private street within the development to ensure they be kept open for emergency vehicle access. Stormwater Management /Water Quality 63. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality (i.e. pollutant, rate, and volume control). 64. Prior to receiving a grading permit or final subdivision approval, the applicant shall provide the City with soil - boring logs (minimum of 2 taken within the location of each proposed filtration or infiltration feature), extending 15' below the bottom of the proposed excavation / over - excavation elevation, to evaluate suitability for infiltration. If the soil boring logs indicates incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and /or construction plans to ensure volume control requirements are fully met. 65. The applicant shall provide construction details of proposed infiltration basin for City review (cross- section, construction / protection / sequencing notes, sizing /volume tables, inlet, outlet /under -drain details, planting details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). The infiltration basin shall be off -line when at design volume, and with a maximum temporary ponding depth of 1.5'. If an under -drain is used, an easily accessible gate -valve must be installed to be able to regulate under -drain outflow. The infiltration basin shall planted, with live plants (pots or plugs), rather than relying on seed alone. 66. The applicant shall provide construction details of proposed stormwater pond for City review (cross- section, construction / protection / sequencing notes, sizing /volume tables, outlet /under- drain details, buffer planting details, etc.), to ensure the stormwater pond is properly designed and constructed according to the MPCA Stormwater Manual, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). 67. During infiltration basin over- excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist is present to verify that infiltration basin sub -soils are suitable for infiltration, within 48 hours, at the planned saturated soil infiltration rate and basin depth. 68. The applicant shall provide adequately sized pre- treatment (fore bays, catch basin 4' sumps, etc.) at, or immediately upstream of, all water quality/ stormwater pond inlets to provide for effectively capture and easily - accessible cleanout of fine -sand sized particles. These details shall be included in applicable plan sheet(s). 69. The applicant shall provide a minimum of 15- foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge to all stormwater facilities' inlets /outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the pond and infiltration basin. Tree Preservation 70. The applicant shall fulfill tree mitigation requirements through the installation of sixty -eight (68) Category B equivalent trees. City Council Meeting Minutes June 17, 2014 15 page 71. The applicant shall work with City Forestry staff as grading and tree removal occurs. City Forestry staff will make final decisions concerning tree survivability and adjust tree mitigation requirements accordingly. 72. The applicant shall protect the preserved individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 73. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Parks and Recreation 74. The development of Lot 3 (90 unit apartment complex) shall be responsible for cash park dedication. No dedication is required for the remaining lots as park dedication was previously satisfied with original development. Lot 3 is responsible for the cash dedication, payable at the time of building permit at the rates then in effect. 75. Required trail dedication shall be fulfilled through the construction of walks and trails with public recreational and transportation benefits, as identified on the Site Plan. The construction of these walks and trails satisfies the trail dedication requirements and no additional cash payment shall be required. 76. Development of Lot 3 shall be delayed at least 15 months following the opening of the apartments on Lot 2. No development shall be permitted on Lot 3 until staff is satisfied that there is sufficient parking for Lot 2. If parking is deficient, additional parking shall be constructed and cross easements (in a form acceptable to the City Attorney) shall be prepared for cross parking. Development of Lot 3 shall be limited to accommodate parking for development of this lot. OLD BUSINESS ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 10.43 RELATIVE TO FALSE ALARM REGULATIONS City Administrator Osberg noted on May 20, 2014 the Council directed preparation of an ordinance amendment relative to false alarm regulations. Per the recommendation of the City Attorney, the proposed ordinance amendment updates existing Code language to reflect advances in alarm system technology. Osberg noted the proposed ordinance amendment exempts new alarm systems from the false alarm fee during their first 30 days of operation. Osberg noted the proposed ordinance amendment does not change the current $100 false alarm fee. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded the motion to approve an ordinance amendment to City Code Chapter 10.43 relative to false alarm regulations and direct the City Attorney to publish the ordinance amendment summary. Aye: 5 Nay: 0 City Council Meeting Minutes June 17, 2014 16 page NEW BUSINESS There are no new business items to be heard. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire noted on Sunday, June 22 from 6:45 — 8:45 p.m. is Military Appreciation Night at Cascade Bay. DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein observed as of Thursday it will be 8 weeks leading up to the grand opening of the Twin Cities Premium Outlets. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:25 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo July 1, 2014 Eagan City Council Meeting CdLeP1*1►11Z[04►IId1 B. Personnel Items Item 1 Action to be Considered: Accept the resignation of Marc Ruhn, Utility Maintenance Worker, and authorize hiring his replacement. Facts: ➢ Mr. Ruhn submitted his resignation effective July 30, 2014. ➢ He is retiring after 26 years of service. Attachments: (0) Item 2 Action to be Considered: Approve the hiring of Brad Heil, Utility Maintenance Worker- Water Production, and authorize hiring his replacement. Facts: ➢ City Council approved hiring for this position on June 3, 2014. Mr. Heil is a current employee as a Utility Field Maintenance Operations Worker. ➢ Public Works Management is reassigning him to Utility Maintenance Production. Attachments: (0) Item 3 Action to be Considered: Approve the hiring of Seasonal /Temporary Employees in Parks & Recreation and Administration: Ruedy, Sydney Administration Temporary Elections Assistant Becker, Tyler Cascade Bay Building /Grounds Attendant III Helmueller, Greta Cascade Bay Guest Relations Crewmember Teufack -Momo, Jolivia Cascade Bay Pool Attendant Community Lanzendorfer, Karen Center Guest Services Representative Kemper, Joann Forestry Landscape Crewmember Konat, Kathryn Parks Seasonal Park Maintenance Krengel, Marie Parks & Rec Guest Services Representative Vaske, Rachel Parks & Rec Guest Services Representative Windish, Josiah Parks & Rec Guest Services Representative Agenda Information Memo July 1, 2014 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated June 13 and 20, 2014 as presented. Attachments: (2) CC -1 Check register dated June 13, 2014 CC -2 Check register dated June 20, 2014 Agenda Information Memo July 1, 2014, Eagan City Council Meeting CONSENT AGENDA D. APPROVE an extension to the Professional Services Agreement with Mohagen Hansen Architectural Group for Services Associated with Old Town Hall Action To Be Considered: Approve an extension to the professional services agreement with Mohagen Hansen Architectural Group for services associated with Old Town Hall. Facts: ➢ On September 8, 2013, an arsonist set fire to the Old Town Hall building, causing substantial damage to the structure and contents. ➢ The building was winterized while options for preserving the structure were explored. ➢ On April 16, 2014, the Council hired Mohagen Hansen Architectural Group, in consultation with historic structure specialists MacDonald & Mack Architects, to develop options for restoring Old Town Hall. ➢ At the Council workshop on June 10, 2014, the City Council reviewed the options developed by the architects, and recommended that additional cost estimates and design work be completed to restore and relocate the Old Town Hall structure on the municipal center campus. ➢ The work to be completed by Mohagen Hansen incudes the documentation of the existing condition of Old Town Hall, schematic design building concepts and cost estimates for the municipal site (with a continuum of options regarding the level of restoration, HVAC, etc.), and a summary of options to repurpose the existing Old Town Hall site. ➢ The architectural team is proposing an hourly, not to exceed, fee estimate of $32,900- 36,600. ➢ Mohagen Hansen will be prepared to present their proposed design and cost estimates to the City Council at a Council workshop this fall. Attachments: (1) ➢ CD -1 Professional Services Extension Agreement with Mohagen Hansen Architectural Group El Dear Dianne: Mohagen I Hansen Architectural Group is pleased to submit this Supplemental Authorization between City of Eagan (Client) and Mohagen I Hansen Architectural Group (Architect). This agreement outlines the requested scope of services in association with Supplemental Authorization #1 to implement the additional Schematic Design Services associated with the proposed renovation of Eagan's Historical Town Hall Building located in Eagan, Minnesota. The following proposal represents our understanding of the additional project scope being requested and the associated fee. Upon review and approval of the outlined project scope, Mohagen I Hansen Architectural Group is prepared to execute the proposed services immediately. L The Project City of Eagan Q Supplemental Authorization #1 ` Expanded Services for the Eagan Historical Old Town Hall Planning Study Eagan, Minnesota The Owner hereby authorizes the Architect to: ( ) Proceed with Original Scope of Services (X) Proceed with Additional Services ( ) Proceed with Revised Scope of Services 0° (X) Incur Reimbursable Expenses Planni„g 1000 Twelve Oaks Center Drive Suite 200 Wayzata, MN 55391 Tel 952.426.7400 Fax 952,426.7440 - w%mmohagenhansen.com ® City of Eagan Supplemental Authorization #1 Expanded Schematic Design Services for Eagan Historical Town Hall Study June 26, 2014 Page 2 of 4 II. Project Description Mohagen I Hansen is proposing to provide additional architectural schematic design services as requested by the City of Eagan to develop a Schematic Design Concept for relocating the Old Town Hall Building to the Municipal campus. The scope of work to be provided is defined below. III. Scope of Work The following tasks outline the Owner's requested services to be provided in addition to the original Professional Services Agreement with Mohagen I Hansen, dated January 6, 2014. Task 1: Existing Conditions Documentation of Old Town Hall Mohagen I Hansen will document the Old Town Hall's existing conditions in CAD, including foundation plan, building plan, roof plan, exterior elevations, interior elevations, building sections, roof and wall framing plans of Old Town Hall. These record drawings would be done as part of the historical documentation and also as a practical step of preparing for the Schematic Design documentation work. The drawings would be completed as though they were "pre -fire" record drawings. Mohagen I Hansen would then execute supplemental drawings that record the fire damage of the structure to be repaired in the building relocation. Task #2: Development of a Schematic Design Building Concept- Municipal Site 1. M I H will develop a Schematic Design Concept based on relocating and restoring /repair the Old Town Hall to the Municipal campus. 2. The Schematic Design base option will include the integration of a basement for building systems support services. Both options will assume to be sited similarly and placed within a site design. There will also be an alternate option to eliminate the basement and the associated building systems support services. The options are as follows: a. Base Option — Main level building floor plans with basement (showing interior layout, systems and restoration /repair scope), exterior elevations. • Base A = Full restoration • Base B = Repair b. Alternate Option — Main level building floor plans and no basement (showing interior layout and restoration /repair scope), exterior elevations. • Base A = Full restoration • Base B = Repair 3. M I H will develop a design concept that reflects and defines the various levels of restoration /repair options associated with the OTH building. 4. M I H will also develop up to two Schematic Design Site Plans for review, which complement the Schematic Design Building Concept for the OTH building. The Schematic Design concept will integrate the relocated OTH into the municipal campus plan and indicate an appropriate landscape design concept which includes sidewalk connections, outdoors gathering spaces, picnic tables, etc. 5. Mohagen I Hansen will also prepare a Schematic Design Pricing Set of document in order to verify and approve the budget pricing for subsequent design phases. u City of Eagan Supplemental Authorization #1 Expanded Schematic Design Services for Eagan Historical Town Hall Study June 26, 2014 Page 3 of 4 III. Scope of Work (continued) Task #3: Development of a Schematic Design Cost Estimate 1. M I H will develop a preliminary construction cost estimate for the proposed Schematic Design Concept and alternate option. The schematic design construction cost estimate will be used to establish a project budget for subsequent design phases. IV. Estimated Compensation The following outlines the estimated fee required for the Scope of Services detailed herein. Compensation for the work as outlined above shall be billed on an hourly basis according to the hourly rate schedule stated herein. Tasks Fee Range Task #1: Existing Conditions Documentation of Old Town Hall $ 7,400 - 7,900 Task #2: Schematic Design Building Concept — Municipal Site $ 20,900 - 22,700 Task #3: Schematic Design Cost Estimate $ 3,600 - 4,800 Subtotal: $ 31,900 - 35,400 Reimbursables: $ 1,000 — 1,200 Total Fee: $ 32,900 - 36,600 V. Payment Invoices will be submitted on a monthly basis. Support documentation for expenses is available upon request. Payment shall be received by the Architect within forty -five (45) days of the dated invoice. Unpaid invoices will incur a finance charge of 18% annually after sixty (60) days on the full unpaid invoice amount. VI. Time Schedule Mohagen I Hansen is available to commence work immediately upon notification, and we will complete the outlined Scope of Services within a mutually agreed upon schedule unless modified in writing by Client and Architect. City of Eagan Supplemental Authorization #1 Expanded Schematic Design Services for Eagan Historical Town Hall Study June 26, 2014 Page 4 of 4 If you agree with the terms and conditions as described above, please so indicate by affixing your signature on the space provided. Please execute one copy of this agreement and return it to Mohagen I Hansen. You may keep the other copy for your records. If you should have any questions or require additional information, please feel free to contact me at 952.426.7400. Best regards, Mohagen I Hansen Architectural Group Mark L. Hansen, AIA, NCARB, LEED AP BD +C Principal Cc: Steve Oliver, Mohagen I Hansen Architectural Group Attachment A: Hourly Rate Schedule Approved By: City of Eagan Name: Mayor Michael Maguire Signature: Title: Mayor, City of Eagan Date: Attest: City Clerk Mohagen I Hansen Architectural Group Name: Mark L. Hansen, AIA, NCARB, LEED AP BD +C Signature:�� Title: Principal Date: June 26, 2014 M: \marketing \Proposal \2014 \Government \City of Eagan_Old Town Hall \ Contract\ 13479 _SA #1_Eagan_Historical_ Town _ Hall_Final.docx Mohagen M Hansen Architectural Group Attachment A 2014 Hourly Rate Schedule The following rate schedule outlines the hourly rates by billing category for the staff at Mohagen I Hansen. Actual hourly rates will be based on the specific billing category of the individual working on the project. Hourly rates are subject to revision based on periodic staff reviews and compensation adjustments. Billing Category Hourly Rate Principal $180.00 Director of Interior Design 155.00 Senior Project Manager, Level III 152.00 Project Manager, Level 11 145.00 Project Manager, Level I 135.00 Senior Project Architect, Level 111 125.00 Project Architect, Level 1I 110.00 Architect, Level I 102.00 Senior Designer, Level III 137.00 Designer, Level 1I 99.00 Designer, Level I 80.00 Senior Interior Designer, Level 111 120.00 Interior Designer, Level I1 93.00 Interior Designer, Level I 75.00 CADD Technician: Level 111 110.00 CADD Technician: Level II 95.00 CADD Technician: Level l 85.00 Marketing /Accounting 85.00 Design Intern 65.00 Administrative 65.00 Reimbursable Expenses Reimbursable expenses will be billed as incurred. Out -of- pocket expenses, should they be required, will be reimbursed at the rate of 1.10 times the cost to Mohagen I Hansen for project coordination. Reimbursable expenses include, but are not limited to the following: Printine: Cost for copies of drawings, specifications, reports, cost estimates and other documents furnished or prepared in connection with this work, as required for communication with the Client, or other consultants. Communication: Cost of postage and shipping expenses. Cost of long distance telephone and fax charges. Cost of models, special renderings, promotional photography, special process printing, special equipment, maps, and documents. Transportation: Cost of commercial carrier and public transportation, lodging, meals, car rental, parking, and any other project related out -of- pocket expenses. Cost of private automobile travel at a rate of $0.56 per mile. Long distance travel and expenses are subject to Client approval prior to execution. C:\ Userskphultgren � Desktop 2014_Est_Hourly_Rnte_ Schedule _nnd_Milenge_Rnte_030414.doc Agenda Information Memo July 1, 2014, Eagan City Council Meeting CONSENT AGENDA: E. Adopt A Resolution Accepting A Donation From The Eagan Citizen's Crime Prevention Association ( ECCPA) And Authorize A Corresponding Budget Adjustment. Action To Be Considered: Adopt a resolution accepting a $24,167.00 donation from the Eagan Citizen's Crime Prevention Association that will be used to offset costs related to the purchase of a vehicle for the police department. Facts: ➢ The Eagan Citizen's Crime Prevention Association is forwarding a $24,167.00 donation to help offset the costs associated with purchasing a vehicle that will be used for the police department's tactical team. ➢ The ECCPA provided the donation after the cost of the vehicle was expected to exceed the budgeted amount. ➢ Approving the resolution will necessitate the need to make the following budget adjustment: Donations 9335.4663 $ 24,200 Mobile Equipment 3511.6680 $ 24,200 Attachments: (1) CE -1 Resolution CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Eagan Citizen's Crime Prevention Association WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan Citizen's Crime Prevention Association has presented the police department with a donation in the amount of $24,167. The funds will be used to reimburse the City to offset the costs associated with purchasing a vehicle for the police department. 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, Dalcota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Citizen's Crime Prevention Association for the gracious and generous donation. ADOPTED this I" day of July, 2014. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Cleric Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo July 1, 2014, Eagan City Council Meeting CONSENT AGENDA F. Approve Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on September 19, 2014 at 3355 Columbia Drive Action To Be Considered: To adopt a resolution approving an Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on September 19, 2014 at Faithful Shepherd Catholic School, 3355 Columbia Drive. Facts: ➢ Faithful Shepherd Catholic School has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CF -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT FAITHFUL SHEPHERD CATHOLIC SCHOOL WHERAS, Faithful Shepherd Catholic School has applied for an Exempt Permit to conduct a raffle on September 19, 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 Faithful Shepherd Catholic School to conduct a raffle on September 19, 2014 at 3355 Columbia Drive. Motion by: Seconded by: Those in favor: Those against: Date: July 1, 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 1st day of July, 2014. City Clerk Agenda Information Memo July 1, 2014, Eagan City Council Meeting CONSENT AGENDA G. Approve a Resolution appointing election judges for the August 12, 2014 Primary Election. Action To Be Considered: To approve a resolution appointing election judges for the August 12, 2014 Primary Election. Facts: ➢ State Statute requires the City Clerk to recommend and the City Council to appoint election judges. In addition to the judge lists submitted by the major political parties, election judges were recruited through the City website and newsletter. ➢ A list of proposed election judges with party affiliation was included in the Additional Information packet distributed to Council on June 20, 2014. Election judges' political affiliations are not public information. ➢ The judges listed in the attached resolution have met the minimum qualifications set forth in State Statute. They will be trained in early July. Attachments: (1) CG -1 Resolution RESOLUTION NO. CITY OF EAGAN APPOINTING ELECTION JUDGES TO SERVE IN THE AUGUST 12, 2014 PRIMARY ELECTION WHERAS, Minn. Stat. 20413.21 requires the governing body of a municipality to appoint election judges to serve in its precincts; and WHEREAS, the City of Eagan has exhausted the judge lists as specified in Minn. Stat. 204B.21 and has recruited other eligible election judges. NOW, THEREFORE, BE IT RESOLVED, pursuant to the requirements in Minn. Stat. 20413.2 1, the following people are appointed to serve as election judges in the City of Eagan for the August 12, 2014 Primary Election: MARIANNE ADELMANN ELIZABETH KUNJUMEN LINDA ADERHOLD MARIE LANE MARK AGNEW JOHN LARKIN NGOZICHIKWU AKUBUIKE JOHN LECLAIRE ELIZABETH AMIC SANDRA LEE DAWN ANDERSON DAISY LEE MARY LOU ANDERSON DONNA LIBERTY DON ANDERSON JUDY LIENAU ERIC ANDERSON JANET LINKERT DENISE ARAMBADJIS ROBERT LOEWENSTEIN NANCY ARATA MALCOLM LONG JUDY BAROTT MARY MAKEEFF DEBORA BECK JULI ANN MALONEY JANET BEECHER BARBARA ANN MARCH JUDY BEHRENDS SHANNON MARTIN TERI BELL BARBARA MATHIEU GROVER BELLILE AL MAYERS DIANNE BELSKI ROSE ANN MAZIERSKI DIANE BERG THERESA MCCLENTY KAREN BERHOW DENNIS MCDONALD LARRY BERHOW PAT JAMES MCGRAW JINNY BERKOPEC NANCY MCINTIRE BRUCE BERTHE WILLIAM MCKEOWN DIANNE BERTHE STEVEN MCKINLEY CAROLYN BESEKE LINH MCKINLEY JAMES BLAIR ELIZABETH MCLANE LOREEN BLOOD JONI MCLEAN GEORGE BOHLIG BETTY MCNEILL SHARON BOONE DEBRA MEINDERS 1 of 4 ARNOLD BOUSLEY RITA MERTES SUSAN BRADLEY CAROLYN MESTNIK KENT BROST GARY MEYER REBECCA BROWN SANDRA MEYER SHERYL BURKHARDT SHARON MILLER KATHY BURTON MARCIA MILLER RUTH CARLSON JEAN MUETING DIANE CARROLL GARY MUILENBERG ROBERT CASON MARY MUNSTERMAN HERB CHAMBERS DALE NATHAN LINDA CHAMBERS JAMES NEAGBOUR LOUIS CHARLEEN ROBERT NEWMAN GEORGIA CIRKSENA BONNIE NUNES RANDALL CIRKSENA WENDE O'BRIEN KRISTINA CLARK CAROL O'CONNOR KAREN COHOES CAROL PARENT TONY COLEMAN JIM PASKETT DIANE COLONGA CATHERINE PATTERSON MIKE COOK JUDY PETERSON PATRICIA COOK REBECCA PETERSON GAIL COOK GRACE PETRI KATHLEEN COUCH CARLA PFEIFER KAREN DARE OLIVER PITTENGER MARA DAVENPORT JERRY POTTORFF MELISSA DEAN STEPHANIE PROPSON JAMES DECKER SALLY RENISH DOUGLAS DEGROTE PETER RENNEBERG JOHN DEMMA ARLEN RESTAD BOB DeNARDO RUTH ROSE JUDY DENARDO BETTY ROSS BARBARA DEVEREAUX MARTIE RUZICKA MARILYN DEVILEY DENNIS SABEL JOSEPH DIERKES JONATHON SABEL MERI FAYE DITSCHLER KATHRYN SABEL GERIANNE DODGE JOSEPH SAFRANIEC PEGGY DOLPHAY KAREN SAMES BRIAN DUFFY CATHERINE SCHALLENBERG STEPHEN ENDRIZZI PAMELA SCHMITZ JESSE ESTUM STEVE SCHOLL MARILYN EYKYN KATHRYN SCHWAPPACH CARALYNE FAIRCHILD DONALD SCHWAPPACH BETTY FEDDE BEVERLY SCHWARTZ EMILIO FEDELI TERESA SCHWARTZ 2 of 4 KATHLEEN FINEGAN ANN SELVA DALE FIRL JODY SEVERSON DENNIS FLANAGAN MICHAEL SEXTON SHIRLEY FLANAGAN MARY ANN SEXTON ROXANNE FLETT ARLENE SHELDON AMANDA FOGG EMERY SHER BARBARA FOX MARY SHOVEIN JULIA FRIESEN ROB SHUMER MILLER FRIESEN DEEAnn SIMSER TATIANA FROLOFF TED SKLUZACEK CHARLES GARBER NANCY SMITH HUGH GITLIN LARRY SPICER KELLY GLOVER MARY ST. MARY PAMELA GONNELLA JANET STEVENS EILEEN GONYEAU DONALD STEVENS SHERYL GRAHAM ROSE SVOBODA RICHARD GRAMLING JERRY SWANSON DARELL GRASS JOYCE SWEDEAN ANNE GUELCHER DICK SWEDEAN JOHN GUSTIN KRISTI TESSMER MARY HAGBERG DARLA THALDORF PATRICIA HAMLING ARDIS THORSTENSON PAUL HAMLING DALE TRAUTMAN LAURA HANDLER NANCY TRAUTMAN KRISTIN HANSON LORI TRIPP ARLEN HARMONING ROYCE TYRE RAYMOND HARRIS KAREN UECKER MILDRED HARTLEBEN SARA UPHOFF ORLANDO HASH LOIS VAN DYCK NANCY HAUSLADEN SHAJI VARAHSSE ARTHUR HENDDRICKS JUDY VELO GERI HETTERICK CHEMIERE VERHEY ROBERT HOAGLUND FRED VIHOVDE DIANNE HOBOT CAROL VIHOVDE YVONNE HOLCOMB DALE VOGT GLEN HOLLAND ARDITH VOLK CHARLES HOLMAN MARY WALTER JANET HOLMQUIST KAY WANDERSEE MARION HOLZEMER JERRY WARD CAROL HORNUNG LINDA WATTS BILL HUDSON KATHI WEINZETL JANINE HUDSON SHARON WEISE MARLENE HYLBAK JOHN WELLS 3 of 4 RICHARD IFFERT JOAN WETTERLING SUSAN IVERSON BILL WHITE HENRY JANDEWERTH DIANE WITZEL PENELOPE JOHNSON NANCY WOOLWORTH BETH JOHNSON LYNN YAMANAKA ROBIN JONES RAYMOND YARWOOD DARLETTE JORGENSON ROSEMARY YOUNG PATRICIA KAEDER FANG CHI YU JOSEPH KAHN ROBIN ZIMMERMAN JEFF KAMM DAVID ZIMMERMAN CAROL KEARNS STEVEN KLONER THOMAS KEYON DOUGLAS KNIECH MELINDA KIEMELE BARBARA KOESTER CONSTANCE KING PAM KRUEGER KATHLEEN KINNEY CINDY KRUEGER BARRY KISSELL DEREK KUKURA SHIRLEE KLANG CAROLE KLECKER NOW THEREFORE BE IT FURTHER RESOLVED that pursuant to Minn. Stat. 20313.2 1, additional judges may be appointed within 25 days of the election if it is determined additional election judges will be required. Motion by: Seconded by: Those in favor: Those against: Date: July 1, 2014 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Cleric I, Christina M. Scipioni, Cleric 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 1st day of July, 2014. City Clerk 4 of 4 Agenda Information Memo July 1, 2014 Eagan City Council Meeting CONSENT AGENDA H. Contract 13 -05, Cedar Grove Parking Garage Action To Be Considered: Approve Change Order No. 7 to Contract No. 13 -05 (Cedar Grove Parking Garage) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 13 -05 provides for the construction of a public parking structure on the north side of Cedar Grove Parkway adjacent to the Paragon Outlets property. The proposed project includes a structure that provides 1,543 parking stalls and is designed with two levels, with the structural capacity to add a third level in the future. ➢ On August 20, 2013, the City Council awarded the base bid for Contract 13 -05 for these improvements to PCL Construction Services, Inc. ➢ Change Order No. 7 provides for: • Additional street improvements on Cedar Grove Parkway. Additional center median removal, earthwork and subgrade /pavement replacement is necessary to improve traffic flow on Cedar Grove Parkway and at the Cedar Grove Parkway and Nicols Road intersection. ADD $44,658.00 • Sanitary sewer service stub to Lot 1, Block 1 Cedar Grove Parkway 4t" Addition. This sanitary sewer stub (and associated manhole installation and street repair) is needed to provide service for future development of this lot, adjacent to the parking garage and future hotel lot along Cedar Grove Parkway. ADD $27,115.00 • Revision to glass type. This provides for the revision of the type of glass from tempered to laminated within the limits of the parking garage elevator hoistway. ADD $9,641.00 ➢ 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 $81,414.00 (0.46% of original contract) with no 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 Economic Development Authority (EDA). ➢ The change order has been reviewed by the Public Works Department and the City's consultant, Walker Parking Consultants, and found to be in order for favorable Council action. Attachments: (0) Agenda Information Memo July 1, 2014 Eagan City Council Meeting CONSENT AGENDA I. Contract 13 -01, Nicols Road Street & Utility Improvements Action To Be Considered: Approve Change Order No. 3 to Contract 13 -01 (Nicols Road - 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 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 No. 3 provides for the construction of concrete sidewalk (approximately 140 feet long) along the west side of Nicols Road north of the MVTA Transit Station to Eagan Outlets Parkway, and an associated pedestrian crosswalk and restoration. ADD $17,742.85 ➢ 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 $17,742.85 (0.85% of original contract) with no change in the completion date of the 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. Attachments: (0) Agenda Information Memo July 1, 2014 Eagan City Council Meeting CONSENT AGENDA J. Contract 14 -08, TH 55 / TH 149 Upgrade, Traffic Signal Improvements Traffic Signal Material and Equipment Action To Be Considered: Approve Change Order No. 1 to Contract 14 -08 (TH 55 /TH 149 Roadway Safety and Capacity Upgrade — Traffic Signal Material and Equipment) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 14 -08 provides for the advance purchase of signal mast arms, poles, and luminaires for the TH 55 / TH 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 under Contract 14 -04. ➢ On March 18, 2014, the City Council awarded the base bid for Contract 14 -08 to Millerbernd Manufacturing Co. After the contract was awarded, it was determined that the project /materials are not eligible for the current State of MN sales tax exemption. ➢ Change Order No. 1 provides for the payment of sales tax in the amount of $12,538.21 (6.9% 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. Attachments: (0) Agenda Information Memo July 1, 2014 Eagan City Council Meeting CONSENT AGENDA K. Contract 14 -09, TH 13 /Silver Bell Rd & Nicols Rd /Cedar Grove Pkwy /Silver Bell Rd Intersection Improvements Action To Be Considered: Approve Change Order No. 2 to Contract 14 -09 (Trunk Highway 13 /Silver Bell Road and Nicols Road /Cedar Grove Parkway /Silver Bell Road- Intersection Improvements) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 14 -09 provides for modification of traffic signals at the intersections of Trunk Highway 13 and Silver Bell Road and Nicols Road, Cedar Grove Parkway and Silver Bell Road, and other miscellaneous improvements as recommended in the Cedar Grove Alternative Urban Areawide Review (AUAR) update. The proposed improvements include installation of flashing yellow arrows, modifications to signage, turn lanes, and signal interconnection at these intersections to accommodate existing and anticipated traffic in the area. ➢ On May 5, 2014, the City Council awarded the base bid for Contract 14 -09 for these improvements to Concrete Idea, Inc. ➢ Change Order No. 2 provides for the revision of traffic signal equipment to improve efficiency at the Diffley Road (CSAH 30) and Nicols Road intersection, in the Cedar Grove area. The improvements would facilitate turning movements, both left and right, at this intersection. The improvements would be temporary in anticipation of the scheduled replacement /upgrade of the traffic signal by Dakota County and the Minnesota Department of Transportation in 2017 and could be utilized as part of those future improvements. ADD $17,285.40 ➢ The cost of the additional work is consistent with prices received for relevant bid items on other projects within the City and region. ➢ The change order provides for an additional cost of $17,285.40 (10.7% of 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. Attachments: (0) Agenda Information Memo July 1, 2014 Eagan City Council Meeting CONSENT AGENDA L. Project 1151,1-35E East Side Noise Wall (Deerwood Townhomes) Cooperative Construction Agreement Action to be considered: Approve Cooperative Construction Agreement No. 06147 with the Minnesota Department of Transportation (MnDOT) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Project 1151 provides for the construction of a noise wall adjacent to the east side of Interstate 35E north of Deerwood Drive, adjacent to the Deerwood Townhomes development. The proposed project includes approximately 1,200 linear feet of noise wall, ranging from 6 to 20 feet in height. ➢ On June 3, 2014, the City Council approved the Public Works Department's 5 -Year Capital Improvement Program (2015 -2019) incorporating this Minnesota Department of Transportation (MnDOT) noise wall and authorized the initiation of the public improvement process for construction in 2015. ➢ Because financing of the construction of the noise wall will be shared between MnDOT (90 %) and the City (10 %), a Cooperative Construction Agreement must be executed with MnDOT to identify agency responsibilities for construction activities, cost participation and various maintenance activities. The cost to the City is estimated at $47,453.66 and would be financed by the Major Street Fund. ➢ An agreement between the City of Eagan and MnDOT has been prepared providing for the noise wall to be constructed, owned and maintained by MnDOT. ➢ The proposed agreement will be valid upon Council and MnDOT approval only if MnDOT awards a contract for the construction of the noise wall and associated improvements. Consideration for the award of contract is tentatively scheduled for November 2014, with construction to follow in the spring of 2015. ➢ The Agreement has been reviewed by the Public Works Department and City Attorney's office and found to be similar to the past noise wall agreement and other interagency agreements and in order for favorable Council consideration. Attachments: (0) Agenda Information Memo July 1, 2014, Eagan City Council Meeting CONSENT AGENDA M. Approve REVISE STANDARD CONDITIONS OF PLAT APPROVAL — CITY OF EAGAN Action To Be Considered: To Approve revised Standard Conditions of Plat Approval. Facts: ➢ The City adopted Standard Conditions of Plat Approval as a way to efficiently convey the array of typical conditions placed on plat (subdivision) approval. ➢ The Standard Conditions of Plat Approval were first adopted by the City Council on September 15, 1987. ➢ The City Council has approved revisions in 1990, 1993 and 2009. ➢ The current revisions include updated wording on Tree Preservation and to reflect a policy change by the United States Postal Service requiring all new residential developments to use a centralized mail box delivery system, referred to as cluster box units (CBU). Attachments: (1) CM -1 Draft Standard of Conditions of Plat Approval STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights -of -way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of -way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. C. Plans and Specifications All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. This development shall ensure that all dead -end public streets shall have a permanent cul -de -sac, or temporary cul -de -sac to be removed upon further extension (on stub streets), constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights -of -way as required by the alignment of the cul -de -sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as allowed under the City's tree preservation ordinance and as approved by the City Council.=^ aaeordanee ...:tr, the reeernmendation a. the A dy:..,.r Parks C...ntais.. on and .....70!! 1.., th ....ti— of 2 1. H. Stormwater Mannement and Water Quality Protection This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. I. Wetlands Protection and Management This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. J. Airport Noise Attenuation This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and /or Buffer Zone. K. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. L. Mailboxes 1. The construction and location of all mailbox supports shall be in accordance with the United States Postal Service policies and regulations for centralized delivery, and the locations shall be approved by the City Engineer and be identified in the final constructions plans for the development. a Formatted: Indent: Left: 0.75 ", First line: 0" Advisory Planning Commission Approved: August 25, 1987 City Council September 15. 1987 Revised: July 10, 1990 Revised: February 2, 1993 Revised: July 7, 2009 Revised: July 1, 2014 Agenda Information Memo July 1, 2014 Eagan City Council Meeting CONSENT AGENDA N. Authorize Execution of 2015 -2019 Pension Contribution Agreement for the Fire Relief Association ACTION TO BE CONSIDERED: Authorize the Mayor and City Clerk to execute the proposed 2015 -2019 Pension Contribution Agreement for the Fire Relief Association. BACKGROUND: ➢ The City contributes a fixed amount per year per volunteer firefighter toward their pensions under a defined contribution pension plan. An additional contribution is made annually to cover the Relief Association's administrative expenses (e.g., annual audit, board member salaries). ➢ Historically, the City has entered into five -year contribution agreements with the Relief Association. ➢ The current five -year agreement expires at the end of 2014, and included 3% increases annually in the amount per firefighter, and 2% increases annually in the administrative expenses contribution. ➢ In April 2014, the City received a proposal from the Relief Association's Pension Committee for a 2015 -2019 agreement. City Administrator Osberg and Finance Director Pepper met twice with representatives of the Pension Committee to discuss. ➢ After those discussions, a revised proposal was presented to the Finance Committee for consideration at its June 23 meeting. ➢ The revised proposal mirrors the current agreement with 3% annual increases per firefighter for the pension, and 2% annual increases for administrative expenses for 2015 through 2019. The Fire Relief Pension Committee has approved the terms of the revised proposal. ➢ The Finance Committee recommended the revised proposal be placed on the consent agenda of the next regular City Council meeting. ➢ The City Attorney's office will draft the Pension Contribution Agreement. ATTACHMENTS: ➢ CN —1 Existing 2010 -2014 Agreement CONTRIBUTION AGREEMENT THIS AGREEMENT is made and effective as of this _ day of September, 2009, by and between The City of Eagan, Minnesota (the "City "), and the Eagan Firefighters Relief Association (the " Association"), hereiimfter the "Parties." RECITALS 1. Dofinitions. As used hewin, the following terms shall have the meanings set forth below, and where said nzeanings are Intended, the terms shall be capitalized: 2. 3. 1.1, "Plan Year„ shall moan the am -wal period. from Sanuary 1 to December 31. 1.2. "Contribution Amount" shall mean the contribution to the Fzuid, as determined in Paragraph 4 of this Agreement, which includes any money the City rooeives from the State of Minnesota or its subdivisions as well as money from City tax revenues, 1.3, "Fire State Aid" shall mean any amounts received or receivable during a Plan Year by the City from the State of Minnesota pursuant to Chapter 69 of the Minnesota Statutes, ] 4 "Fund" shall mean the Association's "Special Fund'" as defined: by statute. Tenn and Fffactivo Data. This agreement is offQctive as of January 1, 2010, and shall ronjain effective for f €ve (5) consecutive Plan Years, until December 31, 2014, i i Year Contribution Amount, 2010 �Olt' $6,330 2011 pi64 $6,520 2012 C $6,716 2013 $6,917 2014 $7,125 4. Payment pates" The City will pay the Contribution Amount to t ;ho Fund .for each plan year in three payments. On July 15, the City shall Make the ;first payment of the contribution amount which shall be an amount equal to the allocation of contributions to Association members' accounts oalculated for Juno 30 of the Plan Year under the Association's bylaws, reduced by 50% of a reasonable estimate of the Fire State Aid that will be receivedd for the Plan Year, The second payment ,shall consist of funds received by the City pursuant to State Statute. The balance owed of the contribution amount, shall be made, by the City on January 15 fallowing the end of the Plan Year. le S, Year Adnpinistrativo Expensos. 2,010. ���` $29,050 2011 r $299 631 2012 $30,223 2013 ti $30,828 2014 $311444 6, MiscellE111pp , 6.1. Governing Law-, V'eiiue, This Agreement and the rights of the Parties shall be gbvormd by and construed and enforced in accordance with the laws of the Mate of Minnesota without reference to the choice of law • doctrine of such state, Each of the Parties hereto consonts to vQnuc of any suit or action under or with regard to this Agreement in an appropriate court with jurisdiction. in Dakota County, Minnesota, 6.2. Construction: _ �Soyerability. Wbt rover possible each provision of this Agreement is to be interpreted in sueh a. mai -n.or as will be effective and valid under applicabie law, but if any provision of this Agreement is prohibited by of invalid under applicable law, such. provision will be ineffective only to the extent of such. prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 63. Further Assuxancas, The Parties hereby agree to execute any in8trument and to perfbnn any acts that may be necessary or proper to carry out the, purposes of this Agreement, including spocifloally,the execution by the Association of such receipts of payment as the City may request. 6.4, Arnrndment, This Agreement may be amended or modified only by a writing exeouted by all of the Parties hereto, IN WITNESS WHEREOF, the parties have, executed this Agreement as of the elate first written above, THE CITY OF EAGAN, MINNESOTA By, Mike Maguire, Mayor And by; Maria. Petersen, Clork 19 2 13AGAN FIREFIGHTERS RI LIEF ASSOCI TI gy, ! ... Title; Agenda Information Memo July 1, 2014 Eagan City Council Meeting CONSENT AGENDA O. Lot 2, Block 1, Eagandale Office Park St" Addition Easement Vacation Action To Be Considered: Receive the petition to vacate public drainage and utility easements on Lot 2, Block 1, Eagandale Office Park 5th Addition, and schedule a public hearing to be held on August 4, 2014. Facts: ➢ On June 18, 2014, City staff received a petition from Ms. Arnie Heddle, representing Eagandale Properties LLC, requesting the vacation of existing drainage and utility easements on Lot 2, Block 1, Eagandale Office Park 5th Addition, located south of Corporate Center Drive and north of Corporate Center Curve in north - central Eagan. ➢ The purpose of the request is to allow -the recording of a final plat of the property for the proposed Eagandale Office Park 6th Addition as a commercial/ industrial development. ➢ The request would vacate the existing drainage and utility easements on the property. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The final plat of Eagandale Office Park 6th Addition will address and incorporate all necessary public drainage and utility easements on this property. ➢ The approval of the plat for the Eagandale Office Park Addition is scheduled for Council consideration on August 4, 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: (2) CO -1 Location Map CO -2 Legal Description Graphic s } c' w J i fY 494 hIEX110T; HEIGH23 EASEMENT VACATION LOCATION r 4, DIFFLEY RD.' i �h YANKEE DOODLE RD. CITY OFEAGAN Proposed Easement Vacation Location Map lllydl�pa Lots 2, B1k.1, Ea andale Office Park 5th Add. Fig. 1 !!2 =013 1.. c �4 o J-z CL. 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