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.
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June 17, 2014
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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
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June 17, 2014
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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.
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June 17, 2014
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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
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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
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• 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.
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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.
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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
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EASEMENT
VACATION
LOCATION
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DIFFLEY RD.'
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CITY OFEAGAN
Proposed Easement Vacation Location Map
lllydl�pa Lots 2, B1k.1, Ea andale Office Park 5th Add.
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