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07/15/2014 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JULY 15 2014 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. ACKNOWLEDGE the City of Excellence Award from the League of Minnesota Cities B. ACKNOWLEDGE upgrade of City's long -term credit rating by Standard & Poors from AA+ to AAA 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 Final Subdivision of Dakota Path 3 d Addition E. Item removed F. AWARD City Contract 14 -13, Citywide Trail and Parking Lot Improvements G. APPROVE Change Order No. 1, Contract 13 -20, 1 -35E Noise Wall (West Side, North of Diffley Road) — Landscaping Improvements H. AWARD City Contract 14 -16, Black Hawk Middle School Stormwater Management I. APPROVE Exempt Permit for the National Kidney Foundation to hold a raffle on October 11, 2014'at 610 Opperman Drive J. APPROVE On -Sale Wine, 3.2 Percent Malt Liquor (Beer) and Sunday Wine License for Lone Oak Store, LLC, doing business as Burgers and Bottles, 1278 Lone Oak Road K. APPROVE Interagency Agreement with LOGIS for Network and Computer Management Support L. PROHIBIT Parking on Nicols Road ( Diffley Road to Silver Bell Road), Silver Bell Road (Highway 13 to Kennebec Drive), Eagan Outlets Parkway ( Nicols Road to Rahn Road), Fen Way (Eagan Outlets Parkway to Cedar Grove Parkway) and River Valley Way (Eagan Outlets Parkway to Cedar Grove Parkway) V. PUBLIC HEARINGS VI. OLD BUSINESS A. ORDINANCE AMENDMENT —An Ordinance Amendment to City Code Chapter 6.34 regarding electronic delivery devices and nicotine and lobelia delivery products VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPTAGENDA C. CONSENTAGENDA 1. APPROVE EDA Minutes 2. APPROVE Amendment to Service Agreement — Walker Parking Consultants D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT caft City of Eap demo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: JULY 11, 2014 SUBJECT: AGENDA INFORMATION FOR JULY 15, 2014 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 15, 2014 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 15, 2104, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Acknowledge the 2014 City of Excellence Award from the League of Minnesota Cities Facts: ➢ The City of Eagan received one of the highest awards from its peers when the League of Minnesota Cities met at its annual conference in St. Cloud on June 18. ➢ Eagan received one of only four City of Excellence awards and the only award granted in the topical category of Engaging Citizens in the Budget Process for its innovative Budget Connect Virtual Open House last year. ➢ The City held the live event at Eagan Television studios on November 18 and residents could ask questions via Facebook, email, or text message to the Mayor, the City Administrator or the Finance Director. ➢ The event aired simultaneously on cable access and via web stream on the City's website, where it was also available on demand for Web viewing later. ➢ The virtual open house increased participation and also included three informational videos produced by E -TV illustrating budget themes in understandable terms. ➢ A panel of past League of Minnesota Cities presidents judged the awards submissions. ➢ The LMC Conference was also notable this year because Eagan City Administrator Dave Osberg was elected president of the organization for the coming year. Attachments: (1) RP -1 Copy of Eagan's Award Entry Application All materials in this application are also available at www.cityofeagan.com /budgetconnect City of EaEdaR The City of Eagan has a long history of open communication with the public on many topics, including the annual budget. The City developed the Budget Connect Virtual Open House to more effectively increase citizen involvement in the 2014 budget discussion. In what is believed to be a first in the State, Eagan hosted a live virtual budget open house on November 18, 2013. Constituents could easily watch the program as it aired simultaneously on Eagan Television and cityofeagan.com. The City asked for questions from the public both before and during the event via email, Facebook, text message & person -on- the - street video interviews. The Mayor and City staff answered these questions live— without any safety net — during the broadcast. Three distinct video segments supplemented the discussion by illustrating budget themes in fun and c, understandable terms. Beyond the sparsely attended traditional Truth -in- Taxation budget hearing, Budget direct citizen involvement from the comfort of their homes. This production was cost effective too: the only out -of- pocket cost to the City was sandwiches for the crew. The new format was a more focused use of City resources than the previous open houses. The content also had increased longevity and reach as the videos continue to be available for on- demand viewing on the City Web site. Budget Connect made the information about the City budget accessible while providing an expanded opportunity for taxpayers to be heard and have their questions answered by their City government. How much does the city spend on road maintenance? Is the Eagan Community Center revenue covering its cost? Mike Connect increased transparency about how City tax dollars are spent and allowed I_ t' The City of Eagan believes it is essential to be open and transparent about its operations, including the budget process. With Budget Connect, the City was able to test a more approachable format for citizen engagement, facilitating increased visibility and taxpayer participation in the budget process. Previous Budget Open Houses have been an in- person two -hour session at City Hall. Turnout was quite low but required more than 15 staff: members to attend. In 2011 & 2012 combined, only three citizens attended. At its peak in 2009, the open house drew seven attendees. The live and interactive nature of Budget Connect allowed the City to engage a larger audience across multiple platforms in genuine conversation about the budget. The City started sharing budget information in the November /December issue of the City newsletter (mailed to 27,50o households). The article provided information about the proposed 2014 budget as well as a teaser to a virtual budget open house and solicited the public's questions. As the Budget Connect program drew closer, the City developed a promotional strategy of broad - based messaging to build viewer interest and ask for questions. Messaging included digital highway billboards, Web site articles, Facebook postings, regular E -TV promos, signboards, flyers, announcements at community events, person -on- the - street interviews and media coverage. The Budget Connect broadcast featured the Mayor interviewing the City Administrator and Finance Director live for one hour about the proposed budget, answering community questions, and sharing in -depth information. The audience could easily watch in real time on E -TV and on the webstream and participate by asking questions via email, Facebook and text. Three distinct video segments were produced to bring the budget to life by illustrating a basic budget overview, the rationale for new staff positions in Police & Fire, and priorities for equipment purchases and facility enhancements. Unlike the previous Budget Open Houses, the City was able to share the webstream and videos on the Web site and Facebook for additional visibility for those who could not watch live. During the hour, twelve questions were received from the public. All questions were answered on air, on Facebook or by email. More than 50 people watched either the livestream or the video of the event. This was a quantum increase in participation and something the City looks forward to building upon. These statistics do not factor in those who watched on E -TV as there is not a vehicle in place to measure this viewership data. Anecdotally, staff heard from several members of the public who indicated they had watched and appreciated the program. 661 think we connected with people by having the conversation in the comfort of their own homes —by way of social media and cable television. We know residents have thine on their mind to share about the budget, but some don't like venturing out on a winter night, and others don't like the thought of being on comero at a formal Council meeting. With Budget Connect, we've mode a great start toward increasing transparency and civic engagement." - Mayor Mike Maguire The City gained even more success with public engagement and transparency by making the information accessible to taxpayers on demand. The City of Eagan intends to refine and expand this open communication model each year. The goal is to inform more members of the community, provide additional opportunities for citizens to engage, and to continue to give residents a convenient choice about how they interact and receive information. CL E m x LU r. 0 9� OE E E 0 0 40 0 V oo A v J5 E t o9 44 C ca LLJ LL ME - & + ab Ab Cd L5 Mal I�I� f- I L Preliminary 2014 Budget& Levy Set by City Council On Tuesday, December 3, the City Council will hold a public hearing before it considers final adoption of the 2014 budget and levy. Even before that date, residents have an opportunity to ask their budget questions and get them answered. In September, the Council adopted a preliminary budget and levy. Eagan's General Fund bud- get is proposed to increase 3.7 %. Much of the increase — $250,000 —is for inspection services related to significant development and construction projects in the city. For instance, the City is tempo- rarily adding inspectors on a contractual basis for projects like Paragon's 440,000 square foot /$loo million outlet mall, to maintain the City's expecta- tion of timely inspections and facilitate the mall's planned opening in August 2014. It is important to note that all additional inspection costs will be recovered by building permit fees paid by the devel- oper. The 2014 budget calls for one new position. A crime analyst /computer forensic examiner within the Police Department would help identify locations and types of criminal activity, allowing Police to better target resources. This civilian position will also free up sworn officers from the time - intensive duties of computer crime examination. The budget also addresses staffing challenges in the Fire Department during peak call hours of mid- day to late- afternoon. That's when the availability of volunteer firefighters is typically the lowest, but adding dollars for more duty -crew hours, addresses In a report recently published by the League of Minnesota Cities, Eagan' 2013 total average property tax rate was the lowest among Minnesota' thirty cities with population of 30,000 or more. this need. No other staffing increases are in the General Fund budget. Under the 2014 proposal, Eagan's full -time staff count is still to below the 2009 level. Headlines earlier this year year spoke of the State increasing Local Government Aid (LGA) to cities, thus driving property taxes down. Eagan, how- ever, does not benefit from the changes to LGA. Eagan did not receive LGA under the old legislation, and will continue to receive no aid under the new formula. Under the budget and levy proposal, the City's tax rate will remain substantially unchanged. The preliminary levy is up 2.7% from the prior year to maintain service levels, but that is well under the 3.5% levy limit set by the State. With property values generally ticking up for the first time in several years, the value of the average homestead in Eagan is up 2.3% from a year ago. The City por- - — Eagan tax on average home value Year Avg. Home value City Tax 2013 $220,252 $814 2014 $225,289 $834(est.) November /December 2013 tion of taxes on that average home is estimated to increase about 2.5% over last year. Questions About the Budget? In addition to the December 3 public hearing, look for a special live evening edition of "Inside Eagan" on cable channel 20 and via Webstream, in late November. Eagan Mayor Mike Maguire, City Administrator David Osberg and key Finance staff will answer questions from the public during the taping of the show. Send questions now to web - master @cityofeagan.com or look for details soon on how to ask your questions via text, email or Facebook on the night of the taping. It's just one more way we are connecting with the people we serve. Where Do My Property Taxes Go? Other 4% County 25% School 42% R3 Em OR F L 1118091 6 G % - r-11.. Al. 2 r I I I I Public Safely 362 Bldg Maint 22 Debt 52 Paeks /Rec 122 Capital, Public Works 102 Infrastructure 172 Gen'I Gov. 18o Things to Know When Hiring a Home Repair Pro Spring and summer wind and hail storms left many homeowners In need of exterior repairs to roofs, siding and windows. The City of Eagan's Building Permit and Inspections staff, in conjunction with the Department of Labor and Industry, want to help ensure the job is done safely and correctly. Permits and inspections are required for repairs and replacement of roofs, siding and windows. Residential permits for many types of projects are available on the City Web site at www.cityofeagan, com /ePermits. ePermits may be used to search permit and inspection records for your home and to search permit records of contractors that have worked within Eagan. Staff recommends that the contractor, instead of the homeowner, obtain the permit for any work done to the home. Before hiring, ask the following questions: 1 Ask for the contractor's license number and contact the Department of Labor and Industry at (651) 284 -5o69 to verify licensure and to find out if they have disciplinary history continued on page 3 http: / /www.twincities. corn/ dakotacounty /ci_24548178/eagan- budget- session -tv- streamed -live Eagan budget session on TV, streamed live By Nick Ferraro nferraro @pioneerpress.com TwinCities.com- Pioneer Press Posted: TWinCities.com In what is being touted as a first in Minnesota, the city of Eagan and Eagan Television are holding a "virtual budget open house" tonight as a way to get more residents engaged in the budget process. From 6 p.m to 7 p.m., Eagan Mayor Mike Maguire, City Administrator Dave Osberg and finance staff will be discussing the budget live on Eagan Cable Channel 20 and answering questions electronically from residents concerning the proposed 2014 budget. The virtual budget open house will also be streamed live at cityofeagan.com. Now, instead of having to go to City Hall, residents can participate in the budget process from the comfort of their homes, City Spokesman Tom Garrison said. "We're hoping this will allow us to connect with more residents," said Tom Pepper, finance director~. "With the open houses at City Hall, we haven't been able to generate much interest. This is certainly easier for people." Questions can be submitted in advance by posting them to the city's Facebook page at facebook.com /cityofeagan, or by emailing them to webmaster @cityofeagan.com. During the show, questions can be texted to 651- 600 -1408. The proposed 2014 general fund budget is $29,922,800, an increase of $1,058,600 or 3.7 percent over this year's budget. * A truth - and - taxation hearing will be at 6:30 p.m. Dec. 3 at City Hall. Nick Ferraro can be reached at 651- 228 -2173. Follow him at twitter.com /NFerraroPiPress. *Please note: Only one person attended and asked questions at the Truth - and - Taxation heading on December 3, 2013. sunthisweek.corn http:// sunthisweek .com /2013/11/18/eagan- hosts - virtual- budget - open - house - tonight/ Eagan hosts virtual budget open house tonight By Jessica Harper For the first time, Eagan residents will be able to participate in city budget discussions from the comfort of their homes. City officials will host a live one -hour virtual budget open house called Budget Connect at 6 p.m. Monday. Mayor Mike Maguire, City Administrator Dave Osberg and staff from the finance department will lead the discussion, which will be broadcasted on E -TV Channel 20 and via a live webstream at www.cityofeagan.com. Residents can submit questions and comments by: • email at webmaster@cityofeagan.com • posting them onto Eagan's Facebook page at www.facebook.com /cityofeagan, or • texting to 651- 600 -1408. Text questions can only be received during tonight's show. Questions that are emailed or posted onto Facebook can be submitted live from 6 to 7 p.m. or in advance. Overtime, Salaries. d Public o Eagan Open . City i leaders an i.,vered questions from residents during Eagwn's ir-, t live vii -tia' budget open h use. st d bw Ara--lrea Parr -nt _. The C:ity o~ Ea,w ,and. Eagan ele•,.�!sio'q bro -ught to residents ,a bir— ciaadcast of a diSCLISS "ion orr the city budget or Monday. Particip=ating in the di SCuSSiCc4n %were Cit-i Administrator Dave ,Osberg and Finance Director Tog? Pepper, Nlayor Mjike Miaguire load the discussion, which included questions from residents through video, text and phor;e. Toipics covered' included the salaries of cite council members and the mayor, the needs of the fire and police depa-tMerr 'ts, and a breekdo,xii of hokei the city spends a tax dollar. The video+ of the open house S currently ava;Ia lie can tFie Cl--y Of Eager _ Ord( Agenda Information Memo July 15, 2014, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS B. Acknowledge upgrade of City's long -term credit rating by Standard & Poor's from AA+ to AAA. Facts: ➢ Typically, credit - rating agencies review ratings whenever municipalities issue debt; however, Standard & Poor's (S &P) initiated a rating review of Eagan by way of a February 2014 survey and a series of follow -up correspondence with Finance Director Pepper in June. ➢ S &P had maintained a rating of AA+ for Eagan since 2005. Moody's had upgraded Eagan from Aa1 to Aaa in 2010. ➢ As a result of their current review, S &P's credit committee has upgraded Eagan's credit rating to AAA. ➢ A snapshot of comments on S &P's attached ratings rationale include: o "Strong management conditions" • "Very strong budgetary flexibility" • "Very strong liquidity" • "Adequate budgetary performance overall" • "Very strong debt and contingent liability profile" ➢ Currently, only 12 Minnesota cities have triple -A ratings from both Moody's and S &P. ➢ Nationally, Moody's rates 188 cities triple -A, and S &P about 255. The National League of Cities puts the total number of municipal governments in the U.S. at 19,429, which means that only about 1% of cities have triple -A ratings. ➢ Terri Heaton from Springsted will present a plaque to the City recognizing its achievement of a triple -A rating. Attachments: (1) RPB -1 S &P AAA rating rationale STAN ®AR® &BOOR'S RATINGS SERVICES McGRAW HILL FINANCIAL • •: • • •` • Primary Credit Analyst: Elizabeth Bachelder, Chicago (1) 312- 233 -7006; elizabeth .bachelder @standardandpoors.com Secondary Contact: Errol R Arne, New York (1) 212 - 438 -2379; errol.arne @standardandpoors.com Table Of Contents ................................................................................ ............................... Rationale Outlook Related Criteria And Research WWW. STANDARDANDPOORS .COM /RATINGSDIRECT JULY 1, 2014 1 1339930 1302099398 t • 1 I 11110 • I: . Eagan GO Long Term Rating AAA /Stable Upgraded Eagan GO equip certs of indebtedness Long Term Rating AAA /Stable Upgraded Eagan GO hsg imp bnds Long Term Rating AAA /Stable Upgraded • Standard & Poor's Ratings Services raised its long -term ratings to 'AAA' from 'AA +' on Eagan, Minn.'s general obligation (GO) debt, based on its local GO criteria released Sept. 12, 2013. The outlook is stable. The city's unlimited -tax GO pledge secures debt service on the bonds. The rating reflects our assessment of the following factors for the city: • A very strong economy, with per capita market value at $112,700 and projected per capita effective buying income at 149% of the national average, in addition to access to the broad and diverse Minneapolis -St. Paul metropolitan statistical area. Eagan, with a population of approximately 64,600, is located in Dakota County about 14 miles south of downtown Minneapolis -St. Paul. Leading employers in the city include Thomson Reuters (7,700 employees), Blue Cross /Blue Shield (3,250), Ecolab (1,500) and United Parcel Service (1,400). The increase in employment opportunities in Eagan has had a positive effect on the average unemployment rate, which in 2013 was 4.7% in Dakota County and 4.2% in the city itself, both below state and national averages. Economic market value has increased by 7.1% over the past three years to approximately $7.2 billion. • Strong management conditions, with "good" financial practices under our Financial Management Assessment methodology, indicating financial practices exist in most areas, but that governance officials might not formalize or monitor all of them on a regular basis. The city has a thorough process for revenue and expenditure assumptions, does a comprehensive capital improvement plan that it updates regularly, and has a formal fund balance policy to maintain 40% to 45% of expenditures in unassigned general fund reserves. Furthermore, city officials closely monitor the status of the budget and the investment portfolio and report results to the city council monthly. • Very strong budgetary flexibility, with available reserves at $15 million, or 53% of general fund expenditures, at fiscal year -end (Dec. 31) 2013. Management reports that it may draw on reserves slightly for one -time capital purposes in fiscal 2014 to bring the fund balance closer in line with its fund balance policy, and estimates that the city will end the year with reserves at 49.8% of general fund expenditures. In our view, the city's reserves are a credit strength, and we expect the available fund balance to remain above 30 % of operating expenditures for the current and upcoming fiscal years. • Very strong liquidity, with total government available cash at 189% of total governmental funds expenditures and 65.5x debt service. Based on past issuance of GO debt, we believe the issuer has strong access to capital markets to provide for liquidity needs, if necessary. WWW. STANDARDANDPOORS .COM /RATINGSDIREC'T JULY 1, 2014 2 1339930 1302099398 Summary: Eagan, Minnesota; General Obligation • Adequate budgetary performance, overall, with a surplus of 2.6% for the general fund and a surplus of 2.4% across all governmental funds in fiscal 2013. The city adopted a balanced operating budget for fiscal 2014. However, based on management's projections and past performance we expect some deterioration in the total governmental funds result due to recurring capital spending. The city operates a multitude of capital project funds, including the Cedar Grove - Highway 13 Tax Increment Financing District Fund, which accounts for tax increment revenues, land acquisition, public infrastructure construction, and other costs related to the redevelopment of the Cedar Grove area of Eagan. The city expects the fund to continue to have negative operations with a deficit balance and is currently subsidizing it through interfund transfers from other nonmajor governmental funds. The city plans to eliminate the deficit through future tax increment collections, which it acknowledges will be an extended process. • Very strong debt and contingent liability profile, with total governmental funds debt service comprising only 2.9% of total governmental funds expenditures and net direct debt that is 60% of total governmental funds revenue. In addition, 70% of Eagan's direct debt will be repaid within 10 years and overall net debt is low at 1.4% market value, which we view as positive credit factors. City officials have no additional debt plans, as the majority of public improvement infrastructure projects are financed with cash. All full -time and certain part -time employees of Eagan are covered by defined - benefit pension plans administered by the Public Employees Retirement Assn. of Minnesota (PERA). PERA administers the General Employees Retirement Fund and the Public Employees Police and Fire Fund, which are cost - sharing, multiple - employer retirement plans. The city made its required contribution of $1.8 million to the plans in 2013. The city provides other postemployment benefits for retired city employees and officials who meet PERA eligibility requirements and have been employed for a minimum of 15 years. The city did not contribute to the plan in 2013 because as of Dec. 31, 2013, the plan was overfunded at 203 %. Pension payments totaled 3.9% of total governmental funds expenditures in 2013. • We consider the Institutional Framework score for Minnesota cities with a population greater than 2,500 to be strong. M rM The stable outlook reflects our view of Eagan's very strong economy and strong management conditions, which we expect will foster the maintenance of very strong budgetary flexibility and at least adequate budgetary performance. While unlikely, if the city's capital needs cause a significant deterioration in its budgetary performance or debt profile, we could consider a lower rating. The city's access to the broad and diverse Minneapolis -St. Paul metropolitan area adds stability to the rating. Related Criteria And Research Related Criteria • USPF Criteria: Local Government GO Ratings Methodology And Assumptions, Sept. 12, 2013 • Ratings Above The Sovereign: Corporate And Government Ratings — Methodology And Assumptions, Nov. 19, 2013 Related Research S &P Public Finance Local GO Criteria: How We Adjust Data For Analytic Consistency, Sept. 12, 2013 Complete ratings information is available to subscribers of RatingsDirect at www.globalcreditportal.com. All ratings affected by this rating action can be found on Standard & Poor's public Web site at www.standardandpoors.com. Use A WW. ST ANIDARDANDPOORS .COM/RATINGSDIRECT JULY 1, 2014 3 1339930 1302099398 the Ratings search box located in the left column. 181119 W. STANDARDANDPOORS .COM /RATINGSDIRECT Summary: Eagan, Minnesota; General Obligation JULY 1, 2014 4 1339930 1302099398 Copyright © 2014 Standard & Poor's Financial Services LLC, a part of McGraw Hill Financial. All rights reserved. No content (including ratings, credit - related analyses and data, valuations, model, software or other application or output therefrom) or any part thereof (Content) may be modified, reverse engineered, reproduced or distributed in any form by any means, or stored in a database or retrieval system, without the prior written permission of Standard & Poor's Financial Services LLC or its affiliates (collectively, S &P). The Content shall not be used for any unlawful or unauthorized purposes. 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S &P's public ratings and analyses are made available on its Web sites, www.standardandpoors.com (free of charge), and www.ratingsdirect.com and www.globalcreditportal.com (subscription) and www.spcapitaliq.com (subscription) and may be distributed through other means, including via S &P publications and third -party redistributors. Additional information about our ratings fees is available at www. standardandpoors .com /usratingsfees. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 1, 2014 5 1339930 1302099398 Agenda Information Memo July 15, 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 July 1, 2014 regular City Council meeting as presented or modified. Attachments: (1) CA -1 July 1, 2014 minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 1, 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, July 1, 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, Director of Public Works Matthys, Lieutenant Pike, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations to be heard. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of June 10, 2014 Special City Council meeting, and June 17, 2014 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the resignation of Marc Ruhn, Utility Maintenance Worker, and authorize hiring his replacement. 2. It was recommended to approve the hiring of Brad Heil, Utility Maintenance Worker - Water Production, and authorize hiring his replacement. 3. It was recommended to approve the hiring of Seasonal /Temporary Employees in Parks & Recreation and Administration. C. It was recommended to approve check registers dated June 13, and June 20, 2014. D. It was recommended to approve an extension to the professional services agreement with Mohagen Hansen Architectural Group for services associated with Old Town Hall. E. It was recommended to 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. F. It was recommended 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. G. It was recommended to approve a resolution appointing election judges for the August 12, 2014 Primary Election. H. It was recommended to 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. City Council Meeting Minutes July 1, 2014 2 page I. It was recommended to 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. J. It was recommended to 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. K. It was recommended to 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. L. It was recommended to approve the Cooperative Construction Agreement No. 06147 with the Minnesota Department of Transportation (MnDOT) and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve revised Standard Conditions of Plat Approval. N. It was recommended to authorize the Mayor and City Clerk to execute the proposed 2015- 2019 Pension Contribution Agreement for the Fire Relief Association. 0. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 2, Block 1, Eagandale Office Park 5t" Addition, and schedule a public hearing to be held on August 4, 2014. PUBLIC HEARINGS There were no public hearing items to be heard. OLD BUSINESS There were no old business items to be heard. 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 Councilmember Fields congratulated City Administrator Osberg as the new President for the League of Minnesota Cities. Mayor Maguire noted the 4t" of July events. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes July 1, 2014 3 page ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 6:35 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo July 15, 2014 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items Item 1 Action to be Considered: Accept the resignation of Joanne O'Keefe, Police Receptionist, and authorize hiring her replacement. Facts: ➢ Ms. O'Keefe submitted her resignation effective September 30, 2014. ➢ She is retiring after 18 years of service. Attachments: (0) Item 2 Action to be Considered: Approve the hiring of Jared Flewellen, Assistant Parks & Recreation Director. Facts: ➢ City Council approved hiring for this position on April 16, 2014 to replace the Superintendent of Facility Operations. Attachments: (0) Item 3 Action to be Considered: Approve the hiring of Seasonal /Temporary Employees in Parks & Recreation: Name Division Job Title Building /Grounds Rock, Carter Cascade Bay Attendant II Selvestra, Blake Parks Ballfield Attendant Agenda Information Memo July 15, 2014 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated June 27 and July 3, 2014 as presented. Attachments: (2) CC -1 Check register dated June 27, 2014 CC -2 Check register dated July 3, 2014 Agenda Information Memo July 15, 2014, Eagan City Council Meeting CONSENT AGENDA D. Approve Final Subdivision and Final Planned Development for Dakota Path 3rd Addition — D. R. Horton Actions To Be Considered: To approve a Final Planned Development upon approximately 22 acres located south of Cliff Road and east of Pilot Knob Road. To approve a Final Subdivision (Dakota Path 3rd Addition) to create 22 single - family lots and five outlots upon approximately 22 acres located south of Cliff Road and east of Pilot Knob Road. Facts: ➢ The Preliminary PD and Preliminary Subdivision were approved April 16, 2013. ➢ This third phase of development consists of 22 single - family lots and five outlots. Outlots A and B are reserved for future development, and Outlots C, D and E are open space and trails. ➢ The final development plans and plat have been reviewed by staff and are consistent with the preliminary approvals. ➢ All documents and agreements are anticipated to be in order for execution at the City Council meeting on July 15, 2014. 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Contract 14 -13, Citywide Trail & Parking Lot Improvements Action To Be Considered: Receive the bids for Contract 14 -13 (Citywide Trail & Parking Lot Improvements), award the contract to Bituminous Roadways, Inc., for the Base Bid only (delete Alternate Bid) in the amount of $404,927.00, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 14 -13 (Project 1146) provides for the construction and maintenance overlay of bituminous trails and parking lots in the following locations: • New Bituminous Trail — Carnelian Park (South side of Carnelian Lane) • Overlay Bituminous Trail — Carnelian Park • New Bituminous Driveway /Parking Lot Construction — Thresher Park • Overlay Bituminous Trail — O'Leary Park • Overlay Bituminous Trail — East side of Galaxie Avenue ( Galaxie Court to South City Limits) • New Bituminous Trail — at Nicols Road (Jensen's to Cedarvale Lanes) • Overlay Bituminous County Trail— South side of Cliff Road, East of Rahncliff Road • Overlay Bituminous County Trail— South side of Yankee Doodle Rd, West of Blue Cross Rd • Overlay Bituminous County Trail— East side of Pilot Knob Road (Yankee Doodle Road to south of 1 -35E) • Overlay Bituminous County Trail— East side of Pilot Knob Road (Duckwood Drive to Diffley Road) • Overlay Bituminous County Trail— West side of Pilot Knob Road (1 -35E exit ramp to Diffley Road) • Alternate Bid: New Bituminous Trail — East side of Blackhawk Road, South of Diffley (Senior Housing to Highline Trail) As programmed for 2014 in the City's 5 -Year Capital Improvement Program (2014 -2018) and authorized by the City Council on June 4, 2013. ➢ On May 20, 2014, the City Council approved plans and specifications for Contract 14 -13. After public testimony, the Council directed the trail segment on the east side of Blackhawk Road from the Senior Housing development to the Highline Trail to be bid as an alternate and the Public Works Committee to further consider its construction. ➢ On June 17, 2014, the Public Works Committee convened with two residents and City staff to discuss the proposed trail construction along Blackhawk Road, The Public Works Committee recommended this new trail segment not be awarded as part of the contract. ➢ All the construction activity has been designed to occur within the existing public right -of- way, public property or easements. ➢ At 10:30 a.m. on July 10, 2014, formal bids from each bidder were received for this project. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid of $404,927.00 from Bituminous Roadways, Inc. has been reviewed by the Public Works Department and found to be in order for favorable Council action. Attachments: (1) CF -1 Bid Summary BID SUMMARY 2014 CITY -WIDE TRAIL & PARKING LOT IMPROVEMENTS CITY CONTRACT 14 -13 Bid Date/ Time: 10:30 a.m., Thursday, July 10, 2014 Contractors 1. Bituminous Roadways, Inc. 2. McNamara Contracting, Inc. 3. Hardrives, Inc. 4. Northwest Asphalt, Inc. Base Bid Total Base Bid Alternate Bid $ 404,927.00 $ 84,568.00 $ 438,187.00 $ 97,799.00 $ 468,124.75 $ 88,519.91 $ 539,697.05 $ 122,213.00 Alternate Bid — Blackhawk Rd Trail Construction Agenda Information Memo July 15, 2014 City Council Meeting 101-0XIV►YlTCLX "I 10 G. Contract 13-20,1-35E Noise Wall - Landscaping Improvements Action To Be Considered: Approve Change Order No. 1 to Contract 13 -20 (1 -35E Noise Wall (West side, North of Diffley Road) — Landscaping Improvements), and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 13 -20 provides roadside landscape improvements within Interstate 35E right - of -way adjacent to the noise wall constructed as part of Contract 12 -04. The noise wall was constructed adjacent to the west side of Interstate 35E north of Diffley Road by the Minnesota Department of Transportation (MnDOT) in June, 2012. ➢ On June 11, 2013, the City Council awarded the base bid for Contract 13 -20 for these improvements to North Country Landscape and Design, Inc. ➢ Change Order #1 provides for: o Replacement of plantings killed by extreme winter. According to MnDOT's forester, the prolonged unseasonably cold temperatures this past winter were unusually harsh on newly planted landscape. As a result, the survival rate for new plants was significantly reduced. The proposed change order is 50% of the cost of the replacement plants, sharing the contractor's greater than normal responsibility due to the punishing winter conditions. ADD $1,443.50 ➢ 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 $1,443.50 (3.1% 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 15, 2014 Eagan City Council Meeting CONSENT AGENDA H. Contract 14 -16, Black Hawk Middle School Stormwater Management Action To Be Considered: Receive the bids and award Contract 14 -16 (Black Hawk Middle School Stormwater Management) to Minnesota Dirt Works, for the bid in the amount of $28,845.00, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 14 -16 provides for the enhancement of water quality treatment capabilities of stormwater Pond BP -29.6, southeast of the intersection of Deerwood Drive and Oakbrooke Terrace, in the northeast corner of the campus of Black Hawk Middle School and Deerwood Elementary School. Improvements include an iron - enhanced sand filter system along the pond's edge and sediment removal at the pond's inlet. ➢ The iron - enhanced sand filter will remove dissolved phosphorus from stormwater that enters the pond from a 26 -acre drainage area of the schools. Sediment removal will increase the storage and treatment volume of the pond. ➢ Contract 14 -16 is an integral part of the 2013 -2016 Blackhawk Lake Protection Project (Project), which will enhance community stewardship of lakes and watersheds by implementing activities and improvements at Independent School District (ISD) 196 schools for the benefit of Blackhawk Lake. On May 1, 2013, the Minnesota Pollution Control Agency awarded the City of Eagan a $46,500 grant for the Project, which is estimated at a total cost of $106,750. ➢ On June 4, 2013, the City Council authorized Water Quality improvements for the Blackhawk Lake watershed as part of the 2014 -2018 Capital Improvement Plan (CIP). ➢ All of the construction activity for said improvements has been designed to occur within existing public easements. ➢ On June 27, 2014, bid quotes were obtained for this project. All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid of $28,845.00 from Minnesota Dirt Works (30.4% below the estimate), has been reviewed by the Public Works Department and found to be in order for favorable Council action. Attachments: (1) CH -1 Bid Summary BID SUMMARY BLACK HAWK MIDDLE SCHOOL STORMWATER MANAGEMENT CONTRACT 14 -16 Bid Date: June 27, 2014 Contractors Base Bid 1. Minnesota Dirt Works $ 28,845.00 2. Mark's Bobcat Service $ 41,234.00 3. GF Jedlicki, Inc. $ 42,061.00 4. Sunram Construction, Inc. $ 62,190.00 28,845.00 • Agenda Information Memo July 15, 2014, Eagan City Council Meeting C4L911114U;111T ► Approve Exempt Permit for the National Kidney Foundation to hold a raffle on October 11, 2014 at 610 Opperman Drive Action To Be Considered: To adopt a resolution approving an Exempt Permit for the National Kidney Foundation to conduct a raffle on October 11, 2014 at Thomson Reuters, 610 Opperman Drive. Facts: ➢ The National Kidney foundation 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) CI -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT NATIONAL KIDNEY FOUNDATION WHERAS, the National Kidney Foundation has applied for an Exempt Permit to conduct a raffle on October 11, 2014; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the National Kidney Foundation to conduct a raffle on October 11, 2014 at 610 Opperman Drive. Motion by: Seconded by: Those in favor: Those against: Date: July 15, 2014 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Cleric 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 15"' day of July, 2014. City Clerk Agenda Information Memo July 15, 2014, Eagan City Council Meeting CONSENT AGENDA Approve On -Sale Wine, 3.2 Percent Malt Liquor (Beer) and Sunday Wine License for Lone Oak Store, LLC, doing business as Burgers and Bottles, 1278 Lone Oak Road Action To Be Considered: To approve an On -Sale Wine, 3.2 Percent Malt Liquor (Beer) and Sunday Wine License for Lone Oak Store, LLC, doing business as Burgers and Bottles located at 1278 Lone Oak Road. Facts: ➢ Matthew Williams and Rheata Donatell, partners of Lone Oak Store, LLC, have applied for an On -Sale Wine, 3.2 Percent Malt Liquor (Beer) and Sunday Wine License. ➢ Lone Oak Store, LLC, is planning to open a new restaurant, called Burgers and Bottles, at 1278 Lone Oak Road. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ➢ Upon City Council approval, the Wine License will be forwarded to the Department of Public Safety — Alcohol and Gambling Enforcement Division for final approval. Attachments: (0) Agenda Information Memo July 15, 2014, Eagan City Council Meeting CONSENT AGENDA K. Approve Interagency Agreement with LOGIS for network and computer management support Action To Be Considered: Approve Interagency Agreement with LOGIS for network and computer management support Facts: ➢ Per BCA (Bureau of Criminal Apprehension) requirements, the City's police department needs to designate a Non - Criminal Justice Agency, in the City's case LOGIS, to perform criminal justice functions on the City's behalf. This Interagency Agreement establishes that designation and fulfills this requirement. ➢ This agreement allows LOGIS to provide services and support to the Eagan police department for their applications, computers, local network and wide area network. ➢ In this agreement, LOGIS will abide by all the local, state and federal laws, rules and regulations as well as the FBI CAS Security Policy, system requirements regarding the use and access of this network. LOGIS will agree to have their employees properly background checked and fingerprinted in accordance with BCA and FBI policies. Attachments: To view the proposed contract please contact the City Administrator's office. Agenda Information Memo July 15, 2014 City Council Meeting CONSENT AGENDA L. No Parking Designations on Various Streets Action To Be Considered: Approve a resolution to prohibit parking on: • Nicols Road (Diffley Road to Silver Bell Road) • Silver Bell Road (Highway 13 to Kennebec Drive) • Rahn Road (Nicols Road to Cedar Grove Parkway) • Eagan Outlets Parkway (Nicols Road to Rahn Road • Fen Way (Eagan Outlets Parkway to Cedar Grove Parkway) • River Valley Way (Eagan Outlets Parkway to Cedar Grove Parkway) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On July 17, 2012, the Economic Development Authority (EDA) approved a purchase agreement with Paragon Outlets Eagan LLC for the acquisition of property in the Cedar Grove Redevelopment District for the development of the Twin Cities at Eagan Premium Outlets. Construction of the outlets center is underway with a currently scheduled opening of August 14, 2014. ➢ On April 1, 2014, the City of Eagan authorized the preparation of a Travel Demand Management Plan (TDMP) for the Twin Cities at Eagan Outlets by SRF Consulting Group, Inc. The TDMP addressed the traffic demand associated with the projected busier shopping days at the outlets center, especially the opening. ➢ As a result of the TDMP recommendations, it is desirable for the City to restrict parking on the streets designated to provide access to the outlets center to allow for the utilization of the available street width, as needed, to provide for higher traffic demand and any unexpected occurrences. ➢ Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. This rule would apply to the segments of Nicols Road, Rahn Road and Silver Bell Road. ➢ A letter was sent to the residents and businesses adjacent to Nicols Road informing the property owners and occupants of the proposed parking restrictions and the City Council's consideration at the July 15, 2014, Council meeting. ➢ The proposed parking restrictions have been reviewed by the Public Works Department and found to be in order for favorable Council action. Attachments: (1) CL -1 Location map Agenda Information Memo July 15, 2104, Eagan City Council Meeting OLD BUSINESS A. Ordinance Amendment — An Ordinance Amendment to City Code Chapter 6.34 regarding electronic delivery devices and nicotine and lobelia delivery products Action To Be Considered: Approve an ordinance amendment to City Code Chapter 6.34 regarding electronic delivery devices and nicotine and lobelia delivery products and direct the City Attorney to publish the ordinance amendment. Facts: ➢ At its June 17, 2014 meeting, the Council directed preparation of an ordinance amendment regarding electronic delivery devices (i.e. electronic cigarettes) and nicotine and lobelia products. ➢ During the recent legislative session, a new law was enacted that clarifies municipalities' ability to license and regulate electronic delivery devices and nicotine and lobelia delivery products. ➢ The proposed ordinance amendment incorporates the statutory changes into City Code. ➢ As the City has been requiring a tobacco license for electronic cigarette sales, the proposed ordinance amendment would not change the City's current licensing practices. Rather, it would clarify the issue of electronic cigarette (and other nicotine /tobacco /lobelia product) regulation in City Code. ➢ Lobelia is a flowing plant that is sold in several ingestible forms. A chemical in lobelia has effects similar to nicotine. The sale of lobelia to minors is illegal. Staff is unaware of any businesses in Eagan currently selling lobelia. ATTACHMENTS: (1) OBA -1 Ordinance Amendment ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.34, REGARDING ELECTRONIC DELIVERY DEVICES AND NICOTINE AND LOBELIA DELIVERY PRODUCTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Section 6.34 of the Eagan City Code is hereby amended by adding the following definitions to 6.34, Subd. 2 to read as follows: Electronic delivery device means any product, including any component part of a product whether marketed or sold together or separately, containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device does not include any product that has been approved or certified by the Unites States Food and Drug Administration for sale as a tobacco - cessation product, as a tobacco - dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. Nicotine and lobelia delivery product means any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device. Section 2. Section 6.34 of the Eagan City Code is hereby amended to add Subd. 21 to read as follows: Subd. 21. Electronic Delivery Devices and Nicotine and Lobelia Delivery Products. All of the license, sale, purchase, possession, use and enforcement provisions in this section relating to tobacco, tobacco products or tobacco related devices shall apply fully and to the same extent to electronic delivery devices and nicotine and lobelia delivery products. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 15, 2014 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. Approve Amendment to Services Agreement — Walker Parking Consultants D. OLD BUSINESS E. NEW BUSINESS G. ADJOURN Agenda Information Memo July 15, 2014 Eagan Economic Development Authority Meeting NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES EDAC -1 Minutes of the April 16, 2014 EDA meeting. 2. APPROVE AN AMENDMENT TO THE SERVICES AGREEMENT with Walker Parking Consultants/ Engineers, Inc. for Contract 13 -05 (Cedar Grove Parking Garage) and authorize the President and Executive Director to execute all related documents. On February 5, 2013, the EDA approved a Consulting Engineering Services Agreement with Walker Parking Consultants /Engineers, Inc. (Walker), for the necessary engineering and architectural design services related to the Cedar Grove Parking Garage. On February 18, 2014, the EDA approved the sale of property within the Cedar Grove Redevelopment District to MHC Cedar Grove LLC for the construction of a hotel directly adjacent to the Cedar Grove Parking Garage. The proposed design of the hotel site required modifications to Contract 13 -05, Cedar Grove Parking Garage, to allow hotel parking in the parking garage and utility revisions. On April 1, 2014, the City Council approved a change order to Contract 13 -05, Cedar Grove Parking Garage, with PCL Construction Services, Inc. (PCL). The change order provided the acknowledgement of 12 "weather delay" days due to extreme weather during construction of the parking garage. The "weather delay" acknowledgement addressed a combination of staffing costs and additional construction costs related to the 12 "weather delay" days. The proposed amendment to the approved services agreement provides for Walker's additional staff time spent consulting with the City and negotiating the change order with PCL for the "weather delay" days and additional services related to the proposed development of an adjacent hotel that will access the parking garage. This additional staff time was not anticipated in the original services agreement. The amendment provides for an additional cost of $18,700.00 (2.4% of original contract). The cost of the amendment will be the responsibility of the TIF District (Contract 13 -05). The amendment has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable EDA action. MINUTES OF A MEETING OF THE PAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota April 16, 2014 A meeting of the Eagan Economic Development Authority was held on Wednesday, April 16, 2014 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen, and Commissioner Tilley. Also present were Executive Director Osberg, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of March 18, 2014 - EDA meeting. 2. It was recommended to approve the second amendment to the Sale and Purchase Agreement between the Eagan EDA and Jensen and Jensen Properties, LLC. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director Agenda Information Memo July 15, 2014 Eagan Economic Development Authority Meeting F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting.