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07/07/2015 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JULY 7, 2015 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA 111. 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 Contracts E. APPROVE the determination that the Conditional Use Permit for outdoor storage at 1090 ' Gemini Road has lapsed due to failure to construct the improvements F. APPROVE final Subdivision and Final Planned Development for Dakota Path 4t" Addition G. APPROVE Findings of Fact and Resolution to deny a Variance to allow an 8 ft privacy fence located at 4865 Pilot Knob Road H. APPROVE agreement allowing HealthEast Transportation to continue to house two ambulances at Fire Station Five I. APPROVE a Resolution to Accept a Donation from a citizen in the amount of $100 for the Fire Department and authorize the necessary Budget Adjustments J. APPROVE a Resolution calling for a Public Hearing on a proposal to adopt a five-year capital improvement plan under Minnesota Statutes, Section 475.521 K. Item removed L. APPROVE a Joint Powers Agreement with Dakota County for Project 1185 (Cliff Road/ CSAH 32 Signal Interconnect - County Project No.'s 32-80) M. APPROVE Final Payment, Contract 14-02, Central Maintenance Backup Power N. Item removed 0. AWARD Contract 15-14 Blackhawk/Deerwood Schools Water Quality Improvements P. APPROVE Installation of Lions Club Signs at City of Eagan Entrance Signs Q. APPROVE Minnesota Department of Health Source Water Protection Grant Agreement R. APPROVE Temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School on September 18-20, 2015 at 3355 Columbia Drive S. APPROVE Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on September 18-19, 2015 at 3355 Columbia Drive T. APPROVE a Sound Amplification Permit and Waiver of fee for Faithful Shepherd Catholic School Septemberfest Event on September 19, 2015 at 3355 Columbia Drive U. DIRECT preparation of an Ordinance Amendment to City Code Chapter 5 regarding storage requirements for on -sale licenses V. ACCEPT the resignation of John Radmer from the Energy and Environment Advisory Commission and appoint Alternate Thomas Craft to complete the term W. APPROVE a Resolution to accept a multi -event partnership donation for $6,500 for Eagan Streets Alive $5,000 and Eagan Market Fest $1,500 from the Urgency Room X. AUTHORIZE the application of a grant from the National Farmer's Market Coalition's in the amount of $2,000 to fund Kid's Veggie Vouchers and activity supplies Y. APPROVE a professional services agreement with Oertel Architects for services associated with Central Maintenance facility project Z. APPROVE a professional services agreement with CNH Architects for services associated with Fire Station One Project AA. AUTHORIZE preparation of plans and specifications for Project No. 1206, Central Maintenance Facility Renovations BB. APPOINT Fiscal Services Consultants CC. AUTHORIZE preparation of plans and specifications for the Fire Station One Project DD. APPROVE AccessEagan Non -Exclusive Access and Use Agreement with OneNet USA EE. APPROVE a Memorandum of Understanding with Qwest Corporation d/b/a CenturyLink QC ("CenturyLink") and the City of Eagan V. PUBLIC HEARINGS A. VACATE Public Easements, Lot 1 & Outlot A Tesseract Addition, and Tesseract Place Right -of - Way VI. OLD BUSINESS VII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT and REZONING —Wyatt Sharing & Caring/ Peter Deanovic - A Comprehensive Guide Plan Amendment from OS, Office Service to IND, Limited Industrial and a Rezoning from A, Agriculture to 1-1, Limited Industrial of approximately 33 acres located at 510 Lone Oak Road VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY - (There are no EDA items 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 City of Eagan mm TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: JULY 1, 2015 SUBJECT: AGENDA INFORMATION FOR JULY 7, 2015 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 7, 2015 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 7, 2015 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 9, 2015 Special City Council meeting, and June 16, 2015 regular City Council meeting as presented or modified. Attachments: (2) CA -1 June 9, 2015 Minutes CA -2 June 16, 2015 Minutes MINUTES SPECIAL CITY COUNCIL MEETING JUNE 9, 2015 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was not present. City staff present: City Administrator Osberg, Director of Finance Pepper, Director of Community Development Hohenstein, Director of Communications Garrison, IT Manager Cook. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Bakken moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye:4 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. UPDATE ON DAKOTA COUNTY BROADBAND STUDY City Administrator Osberg introduced the item noting there has been discussion on the possibility of broadband network collaboration in Dakota County. With the CDA stepping forward and agreeing to be the implementing agency, it hired Craig Ebeling as the local consultant to review the process with the help of Design Nine of Blacksburg, Virginia. The core recommendation of the report is that the County and its Cities form a joint powers agreement agency for the purpose of creating a shared institutional network. Osberg noted the information being provided is an update, no specific action is required. IT Manager Cook was available for questions. Craig Ebeling and Lisa Alfson from the Community Development Agency gave an update on the status of the countywide broadband efforts and provided a presentation explaining the process and progress to date. The Council discussed the study. CITY CAPITAL / SPACE NEEDS PROJECTS SCHEDULE AND FINANCING City Administrator Osberg introduced the item and provided an overview of the City Capital/Space Needs projects. Osberg noted City staff is looking for feedback and direction on the possible schedule for the sale of the bonds and the construction of the Fire Station #1 project, and renovation and expansion of the Central Maintenance Facility and the City Hall/Police Station buildings. Finance Director Pepper walked through the financing options. Special City Council Minutes June 9, 2015 Page 2 Dave McGillivray from Springsted discussed two financing scenarios — one with utilization of excess General Fund balance to reduce the bond issue size, and one without. Mr. McGillivray also discussed the possible schedule for phase one of City facilities, and the requirements for assuring compliance with the Minnesota Statutes 475.521. The Council discussed the City Capital/Space Needs projects schedule and financing. After further discussion, the Council provided the following feedback: 1. Is the City Council in support of moving forward with the proposed schedule of construction and financing plans? It was the consensus of the Council to move forward with the proposed schedule of construction and financing plans. 2. To what extend does the City Council support using excess General Fund balance to reduce the amount of borrowing needed? It was the consensus of the Council to go with Funding Option 2, which includes utilization of $3.1 million in excess General Fund balance to reduce the amount of bonding required. City Administrator Osberg gave a summary of facts regarding the Fire Administration building and noted the Council is being asked to provide direction regarding the use of the Fire Administration building. The Council discussed the Fire Administration building. After further discussion, the Council directed staff to actively market the Fire Administration building and to look into a non-exclusive broker listing. Councilmember Fields arrived at 6:53 p.m. 2016 BUDGET PROCESS UPDATE City Administrator Osberg noted in late April, staff began the 2016 budget process. Department Directors are currently preparing the 2016 budget proposals. The General Fund, Public Utilities and Recreation facilities proposals were submitted on June 1. Osberg noted the recommended budget is scheduled to be presented to the City Council for formal and detailed review at the August 11, 2015 Special City Council meeting. The Council agreed they would like to see a food truck event in the proposed 2016 budget. There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 7:07 p.m. Aye:5 Nay:0 Special City Council Minutes June 9, 2015 Page 3 Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 16,2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, June 16, 2015 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, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Public Works Director Matthys, Parks and Recreation Director Johnson, Police Chief McDonald, City Clerk Scipioni, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Police Chief McDonald introduced new Police Officers Scott Jorgenson and Chris Roche and administered the Oath of Office. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of June 2, 2015 regular City Council meeting as presented or modified. B. 1. It was recommended to authorize the hiring of Police Officers Luke Caneff and Jody Douglas. 2. It was recommended to authorize the hiring of Judith Urbiha Police Clerical Tech 4. 3. It was recommended to authorize the hiring of Leanne Bondhus, Fitness Instructor at the Eagan Community Center. 4. It was recommended to authorize the hiring of Cable casters Ricardo Roman, James Stevenson, and Matthew Bohrnstedt. 5. It was recommended to authorize hiring of Alec Knutson Community Development Intern. 6. It was recommended to authorize the hiring of seasonal and temporary employees for Cascade Bay and Park Maintenance. C. It was recommended to approve the check registers dated May 29, and June 5, 2015. D. It was recommended to approve the ordinary and customary contracts for Robert Lawrence Landis, and the University of Minnesota Extension. E. It was recommended to approve a resolution accepting a $2,000 donation from the Eagan Citizen's Crime Prevention Association that will be used to reimburse the City for expenses related to the Police Department's 50th Anniversary celebration. City Council Meeting Minutes June 16, 2015 2 page F. It was recommended to approve a final subdivision (Stone Run) to create seven lots upon approximately 4.6 acres located at 4865 Pilot Knob Road. G. It was recommended to receive bids for City Contract 15-12 (Witham Lift Station — Sanitary Sewer Improvements), award a contract to Minger Contracting Co., Inc., for the bid amount of $667, 271.90, and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve a variance to the Construction Activity Noise Regulations to extend construction activity for Hardrives, Inc., between 10:00 p.m. and 7:00 a.m. from Sunday, June 28 to Tuesday, June 30, for Project 1175, Northwood Parkway/Promenade Avenue —Street Improvements and between 10:00 p.m. and 7:00 a.m. from Tuesday, June 30 to Thursday, July 2, for Dakota County Project 28-53, Yankee Doodle Road (Lexington Avenue to TH 149) Street Improvements. I. It is recommended to approve a resolution to prohibit parking on both sides of Promenade Avenue, from Yankee Doodle Road (CSAH 28) to Northwood Parkway, and authorize the Mayor and City Clerk to execute all related documents. J. It is recommended to approve a temporary on -sale liquor license and waive the license fee for St. John Neumann Catholic Church's Parish Summer Picnic on July 12, 2015 at 4030 Pilot Knob Road. K. It is recommended to direct the City Attorney's Office to prepare an ordinance amendment to City Code Chapter 5 and City Code Chapter 11 regarding Sunday liquor sales, wine license food service requirements, cocktail room licenses, temporary on -sale microdistillery licenses, and off -sale microdistillery licenses. L. It was recommended to award contract to UHL Company, Inc., for the low voltage wiring, CCTV, audio-visual and access control remodel of Fire Station #4 and authorize the Mayor and City Clerk to execute all related documents. M. Item was removed. N. It was recommended to schedule a Public Hearing for July 21, 2015 to consider applications for a cable franchise. O. It was recommended to direct staff to initiate the steps necessary to cancel the Development Agreement with Revestors Group 4, LLC for the Red Pine Crossing development located at Red Pine Lane and Biscayne Avenue and to consider the decertification of the Southeast Eagan Renewal and Renovation TIF District. PUBLIC HEARINGS Variance —4865 Pilot Knob Road (Norton Homes) City Administrator Osberg introduced the item noting the Council is being asked to consider approval of a variance of two feet to allow an eight foot residential fence. City Planner Ridley gave a staff report. Pat Hiller with Norton Homes gave a summary of the request and was available for questions. Mayor Maguire opened the public hearing. Tom Getzke, 4770 Cypress Point, addressed the Council with his concern regarding the 8 ft. fence setting precedence for other areas of Eagan. There being no further public comment, Mayor Maguire turned the discussion back to the Council. City Council Meeting Minutes June 16, 2015 3 page The Council discussed the variance. After further discussion it was the consensus of the Council to deny the variance noting the requested 8' height was inconsistent with the City Code and would establish a precedent. Mayor Maguire moved, Councilmember Tilley seconded a motion of preparation of Findings of Fact for Denial of a variance at 4865 Pilot Knob Road (Norton Homes). Aye: 5 Nay: 0 OLD BUSINESS There were no old business items to be heard. NEW BUSINESS There were no new business items to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to discuss. VISITORS TO BE HEARD CITY COUNCIL Mayor Maguire announced MarketFest started again on Wednesday nights at the Eagan's Central Park. Maguire noted given the construction at the old Lockheed Martin property this year, the July 4t" Funfest Committee has modified the route for the July 4t" parade. The parade will begin at Yankee Doodle Road and Blue Cross Road and travel east on Yankee Doodle Road. This year the parade will end at Yankee Doodle Road and Central Parkway. The Funfest Committee will sign Central Parkway with "No Parade Viewing" signs. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:04 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo July 7, 2015 Eagan City Council Meeting CONSENTAGENDA B. Personnel Items Item 1. Action to be Considered: Authorize hiring of the following temporary/seasonal employees: Marie Merwin Guest Services Eagan Community Center Kayla Tatro Bill Dreas Monica Peterson Item 2. Action to be Considered: Authorize hiring of Parks & Recreation summer seasonal employee, Anthony Bergren- Salina. Item 3. Action to be Considered: Authorize the hiring of a Full Time Temporary Building Inspector, to be named. Facts: ➢ This replaces the previous FT Temporary Building Inspector who resigned effective May 15, 2015. ➢ Per the 2015 budget, this position sunsets no later than December 31, 2015. Agenda Information Memo July 7, 2015 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated June 12, 19, and 26, 2015 as presented. Attachments: (3) CC -1 Check register dated June 12, 2015 CC -2 Check register dated June 19, 2015 CC -3 Check register dated June 26, 2015 Agenda Information Memo July 7, 2015, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contract listed below. Facts: The contract listed below is in order for Council approval. Following approval, the contract will be electronically executed by the Mayor and City Clerk. Contracts to be approved: Enterprise Agreement with Microsoft Corporation for software licenses. Attachments: (0) The contract is available from the City Clerk's Office. Agenda Information Memo July 7, 2015 Eagan City Council Meeting ,�L�7►1;��fl�r,T�� E. Lapsed Conditional Use Permit — Shaw Industries Action To Be Considered: To approve the determination that the Conditional Use Permit for outdoor storage at 1090 Gemini Rd has lapsed due to failure to construct the improvements. Required Vote For Approval: Majority of Council Members Present Facts: The City Council approved the Conditional Use Permit (CUP) on July 2, 2013 to allow outdoor storage of 21 tractor trailers and 8 semi -tractors. ➢ The applicant received a one-year extension due to ongoing tenant negotiations which extended the approval until July 2, 2015. ➢ The applicant was unable to reach a long term agreement with the tenant and has chosen not to implement the CUP, and required improvements, at this time. i The 2013 CUP has become null and void. Attachments: (1) CE -1 Location Map E �L CL 'a N CO _ _ r �C9 ® leO (n 1 � L;U E or Z .W O L) a Z =a) a. <1L N 0)o LL o r� (V M O N 00 O fn �p p N C W U C G v Y m rt o o C®� Ma ., � ® o LO 0 ae m 0 LAV d t 0 O ¢y m 0 0 z a h N v e v/ UA HUNOHISPHVIIAN C sr W C y .. e.l N°NOl�JNF - l— Eb'ON ONOa�O^_ �,3AV NOlONIX3l) Eb'ON ObOa=k1Nf10o- —- —, Ob KK tS�M 'm � b O d�6 O O O a 0 0 3AV 3 K 0 Z N��b�SN ,I&nOO 31N30 3AV N V 30 Agenda Information Memo July 7, 2015, Eagan City Council Meeting CONSENT AGENDA F. Approve Final Subdivision and Final Planned Development for Dakota Path 4th Addition — D. R. Horton Actions To Be Considered: To approve a Final Planned Development upon approximately 17 acres located south of Cliff Road and east of Pilot Knob Road. To approve a Final Subdivision (Dakota Path 4th Addition) to create 35 single-family lots and two outlots upon approximately 45 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 fourth phase of development consists of 35 single-family lots upon approximately 17 acres. ➢ 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 7, 2015. Issues: None Attachments: (2) CF -1 Location Map CF -2 Final Plat r N O � M O d c M a =� _ N LL O l 0 06 mU. ❑ ❑ a ❑ _ le E _ M M z o V d Z 'o a U) �a)M a o $ � FX El. ��- � I�r'� � X111®•� .a (z 4) �P N O (V iii '-�MOM ■� moo. ��`.,o ; �.:0� �. ��- � I�r'� � X111®•� ( MEN �r�� IIIII/p.■ �• �� a ewe is • `��.,� �; �� ®:'iii ��,�,®�®�®®�■ : �; • `VIII. 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Findings of Fact, Conclusions & Resolutions of Denial — Variance — 4865 Pilot Knob Road (Norton Homes) Action To Be Considered: To adopt the Findings of Fact, Conclusions & Resolution of Denial of a request for a Variance to allow an eight foot residential fence Required Vote For Approval: Majority of Councilmembers present Facts: At its regular meeting on June 16, 2015, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the fence variance considered at the June 16, 2015, Council meeting. A The City Code allows a maximum of a 6' fence in residential districts. ➢ The proposed fence of 8' exceeds the allowable requirement by 2'; as such, a Variance was required. 60 -Day Agency Action Deadline: July 19, 2015 Attachments: (1) CG -1 Findings of Fact BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Request for Variance to Allow FINDINGS OF FACT, An 8 Foot Privacy Fence Located at. CONCLUSIONS AND 46865 Pilot Knob Road RESOLUTION This matter came before the Eagan City Council at its meeting on June 16, 2015. The Council received and considered the variance request application materials, input from City staff, input from the public, together with all existing files and records. Pat Hiller appeared on behalf of Norton Homes, LLC ("the Applicant") at the meeting of the City Council. Based on all the files, records, and input, which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions, and Resolution. FINDINGS OF FACT 1. Section 11.70, Subdivision 16 of the City's Municipal Code of Ordinances ("the Code") provides that a fence on the side or rear of a yard located in a residential district zone shall not exceed a maximum height of six feet ("the Code Provision") 2. Section 11.50, Subdivision 3 of the Code states that the City may approve, approve with conditions, or deny a request for a variance from the strict application of the Code, and provides several factors for the City to consider when deciding whether to grant or deny a variance request and whether the applicant established that there are practical difficulties in complying with the Code: a. Whether exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control; b. Whether the literal interpretation of the provisions of the Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of the Code; c. Whether the exceptional or extraordinary circumstances do not result from the actions of the applicant; d. Whether the granting of the variance will not confer on the applicant any special privilege that is denied by the Code to owners of other lands, structures or buildings in the same district; e. Whether the variance requested is the minimum variance which would alleviate the practical difficulties; f. Whether the variance would not be materially detrimental to the purposes of the Code or to properties in the same zone; g. Whether the property for which the variance is requested is otherwise in compliance with the City Code. 3. Section 11.50, Subdivision 3 of the Code also states a "variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. 4. Norton Holmes, LLC ("the Applicant"), is the owner of real property commonly known as 4865 Pilot Knob Road, in the City of Eagan , County of Dakota, State of Minnesota, with a tax description of: S 417 FT OF E 359 Ft OF E %z OF NE'/4 OF SEC 33-27-23 ALSO PT OF SW '/4 OF NW '/4 SEC 34-37-23 BEG SW COR N 417 FT E TO SAR #19 SE ON RD TO S LINE W 132 FT to BEG SUBJ TO HWY ESMNT PARCEL 6 ON CTY R/W MAP 100 ("the Property") 5. The Property is approximately 4.62 acres. 2 6. The Property is currently designated as R-1 (low-density, residential zone). 7. The Applicant is planning on developing the Property by installing a cul -du -sac and building approximately seven houses. 8. The Applicant submitted an application to the City requesting a variance from the Code Provision to construct an eight foot fence to be located on the very easterly portion of the Property that would run alongside Pilot Knob Road. The Applicant's stated purpose for requesting the variance is to provide greater privacy and noise reduction. The Applicant is also installing trees and a berm alongside Pilot Knob Road for privacy and noise purposes. 9. At the June 16, 2015 City Council hearing, Pat Hiller testified on behalf of the Applicant. Mr. Hiller testified that the buyers of the individual houses will be responsible for the maintenance and upkeep of the fence. 10. Neither prior to or at the City council hearing did the Applicant produce any evidence that there are practical difficulties in complying with the Code. 11. Neither prior to or at the City council hearing did Applicant provide any evidence that there are exceptional and extraordinary circumstances that apply to the Property which do not apply generally to other properties. 12. Neither prior to or at the City council hearing did the Applicant offer evidence that the denial of a variance would deprive the Applicant of the use commonly enjoyed by other properties in the same zone or vicinity. 13. The Applicant also did not provide any evidence with respect to whether an additional two feet of fence would reduce noise more than a six foot fence. 14. One member of the public commented at the hearing regarding the requested variance, stating that he is concerned about the installation of the eight foot fence because there 3 are no other eight foot fences in the neighborhood and it could set a precedent for the installation of eight foot fences in the vicinity. 15. During the City council hearing, several council members noted that there presently exists six foot fences that comply with the Code Provision on similarly situated properties abutting county roads, such as on Lexington Avenue in the City. 16. The members of the City,council also stated that they are unaware of any previous times that a variance request for an eight foot fence being granted and expressed hesitation regarding setting a precedent for eight foot fences throughout the City. CONCLUSIONS 1. The matter is properly brought before the City Council. 2. There are no practical difficulties in complying with the Code for the Property. 3. There exists no exceptional or extraordinary circumstances that apply to Property which do not generally apply to other properties. 4. A denial of the requested variance does not deprive the Applicant of the use commonly enjoyed by other properties in the same vicinity for the Property. 5. There remains a viable use for the Property if the variance requested is denied. 6. In considering Section 11.50, Subdivision 3 of the Code and the factors discussed in that section, the variance resolution is hereby denied. H RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a variance of the Code to install an eight foot fence is hereby denied. Dated at Eagan, Minnesota this day of June, 2015. CITY OF EAGAN By: Mike Maguire Its: Mayor By: Its: City Clerk 5 Agenda Information Memo July 7, 2015 Eagan City Council Meeting Consent Agenda H. Approve agreement allowing HealthEast Transportation to continue to house two ambulances at Fire Station Five Action To Be Considered: Approve agreement allowing HealthEast Transportation to continue to house two ambulances at fire stations. Facts: ➢ HealthEast has housed one ambulance at an Eagan Fire Station since the 1970's and a few years ago started housing a second ambulance at an Eagan Fire Station. ➢ The space includes a garage bay space for their ambulance and an office area for their paramedics. ➢ This agreement simply formalizes this practice for the next five years. ➢ The agreement specifically states that the bay and office space will be available at Fire Stations Four and Five. These locations were mutually agreed upon with HealthEast Staff and Fire Staff. ➢ The City Attorney's Office has prepared a Memorandum of Understanding to be approved by the Mayor and Council. ➢ Staff is recommending approval of this agreement. Attachments: (1) CH -1 Memorandum of Understanding MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("Agreement") is made this 7 day of July, 2015 by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"); and HealthEast Care System, a Minnesota non-profit corporation d/b/a HealthEast Medical Transportation (hereinafter "HealthEast"). (The City and HealthEast are hereinafter collectively referred to as the "Parties"). WHEREAS, the City currently has bay space and office space available for rent at Fire Station No. 5 located at 4701 Galaxie Avenue, Eagan, Minnesota 55122 ("Station No. 5"); and WHEREAS, the Parties currently have a Memorandum of Understanding dated March 19, 2013 ("2013 Memorandum of Understanding"); and WHEREAS, the 2015 market rate for rental space in Eagan for similar space is approximately $8.50 per square foot for garage space and $12.00 per square foot for office space; and WHEREAS, the City will be required to pay its janitorial contractor an additional fee for cleaning any space rented within Station No. 5; and WHEREAS, HealthEast is in need of bay space and office space and also has certain medical equipment and expertise that it can offer members of the City's Fire Department; and WHEREAS, the City is willing to provide bay space and office space at Station No. Sand HealthEast is willing to provide equipment and training in lieu of any rental payment all upon the terms and conditions contained herein; and WHEREAS, the City plans on consolidating several of its fire station locations over the next 2 or 3 years, which will require the City to terminate this Agreement at that time, if either of the Parties have not terminated this Agreement prior to that time. NOW, THEREFORE, this Memorandum of Understanding serves to express a mutual understanding of the Parties. Although this Memorandum of Understanding is not a legally binding agreement, the Parties recognize the value of expressing understanding regarding our collaboration. 1. TERMINATION OF THE 2013 MEMORANDUM OF UNDERSTANDING. The Parties agree that the 2013 Memorandum of Understanding shall terminate on May 31, 2015. The Parties agree that this Agreement supersedes all prior agreements. 2. USE OF BAY SPACE AND OFFICE SPACE. The City shall make approximately 1,000 square feet of bay space and 500 square feet of office space at Station No. 5 ("Bay/Office Space") available to HealthEast throughout the term of this Agreement. The City's Fire Chief shall solely determine the location of the Bay/Office Space within Station No. 5. 3. VALUE OF THE BAY SPACE AND OFFICE SPACE. The Parties agree that the 2015 rental value of Bay/Office Space is approximately $1,200.00 per month, plus an additional $200.00 per month for janitorial services associated with the Bay/Office Space, for a total value of $1,400.00 per month. 4. SERVICES TO BE PROVIDED BY HEALTHEAST. In exchange for the City making Bay/Office Space available within Station No. 5 and the City foregoing the collection of rent associated with the Bay/Office Space, HealthEast shall provide throughout the term of this Agreement the following services to the City free of charge: a. EMT refresher for all Eagan Firefighters that are currently EMT's (up to 40 firefighters); b. EMT training for Eagan Firefighters that want to upgrade their level of EMS training from First Responder to EMT (approximately 5firefighters per year); C. Continued restocking of supplies used by Eagan Firefighters responding to medical scenes throughout the City; d. Continued exchange of medical equipment used at medical scenes throughout the City; and e. Assistance with medical equipment purchases as may be mutually agreed upon between the Parties. 5. FUNDING. There will be no exchange of funds between the parties in connection with the services provided under this Memorandum of Understanding. 6. INDEMNIFICATION. HealthEast shall indemnify and hold the City harmless from any and all claims, including attorneys' fees, arising out of or related to HealthEast's use of Station No. 5. 7. TERM OF AGREEMENT. This Agreement shall commence on June 1, 2015 and shall terminate pursuant to Section 8. 8. TERMINATION. Either the City or HealthEast may terminate this Agreement upon thirty (30) days written notice to the other party. 2 9. NOTICES. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to be given when and if sent by certified mail, return receipt requested, postage prepaid, properly addressed as follows, or such other address as may hereafter be designated in writing by either of the Parties: If to HealthEast: HealthEast Care System d/b/a HealthEast Medical Transportation Attn: Laura Olson, Director 799 Reaney Avenue St. Paul, MN 55106 If to City: City of Eagan Attn: Mike Scott, City Fire Chief 3830 Pilot Knob Road Eagan, MN 55121 10. INSURANCE. All vehicles, equipment and personal property stored by HealthEast within Station No. 5 is at HealthEast's SOLE RISK. HealthEast understands that the City will not insure HealthEast's vehicles, equipment and personal property and that HealthEast is solely obligated under the terms of this Agreement to insure its vehicles, equipment and personal property. To the extent HealthEast's insurance lapses or HealthEast does not obtain insurance coverage for the full value of the vehicle(s), equipment and personal property stored at Station No. 5, HealthEast agrees that it assumes all risk of loss. 11. No WARRANTIES, The City hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of Station No. 5. HealthEast hereby acknowledges that the City does not represent or guarantee the safety or security of Station No. 5 and this Agreement does not create any contractual obligation for the City to increase or maintain such safety or security at Station No. 5. 12. RESTRICTION OF ACCESS TO PROPERTIES. The City reserves the right to restrict the number of HealthEast personnel that may have access to Station No. 5. City of Eagan, a Minnesota municipal corporation LOW 3 Mike Maguire Its: Mayor Christina M. Scipioni Its: Clerk HealthEast Care System, a Minnesota non-profit corporation d/b/a HealthEast Medical Transportation Laura Olson Its: Director, HealthEast Medical Transportation Agenda Information Memo July 7, 2015 Eagan City Council Meeting CONSENT AGENDA I. Approve a Resolution to Accept a Donation from a citizen in the amount of $100 for the Fire Department and authorize the necessary Budget Adjustments Action To Be Considered: To approve a resolution to accept a donation from a citizen in the amount of $100 for the Fire Department and authorize the necessary budget adjustment. Facts: The Eagan Fire Department recently received a donation from a Eagan citizen in the amount of $100. The attached resolution authorizes the Fire Department to accept the donation and adjust their 2015 operating budgets to use the donations within our operating budgets. Attachments: (1) CI -1 Resolution EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on July 7th, 2015, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Dirk Holman has offered to donate $100 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Mr. Dirk Holman for the gracious and generous donation. ADOPTED this 7th day of July, 2015 Mike Maguire, Mayor ATTEST: Christina Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Agenda Information Memo July 7, 2015, Eagan City Council Meeting CONSENT AGENDA Approve a resolution calling for a public hearing on a proposal to adopt a five- year capital improvement plan under Minnesota Statutes, Section 475.521 Action to be Considered: To approve a resolution calling for a public hearing on Monday, August 3 on a proposal to adopt a five-year capital improvement plan under Minnesota Statutes, Section 475.521. Facts: ➢ At its June 9 special meeting, the City Council directed staff to proceed with preparation of a 2016-2020 Facilities Capital Improvement Plan (CIP) for later consideration by the Council. The CIP is comprised of the following projects: o New Fire Station 1, to be constructed in 2016; o Central Maintenance facility expansion/remodel, to be constructed in two phases in 2016 and 2018; and o City Hall and Police facility expansion/remodel, to be constructed in 2018. ➢ If the projects are approved, they would be financed by capital improvement bonds, as provided for under Minnesota Statutes, Section 475.521. ➢ The statute requires that a properly noticed public hearing be held to approve the CIP. The hearing is scheduled for Monday, August 3. Attachments: (3) CJ -1 Resolution CJ -2 2016-2020 Facilities Capital Improvement Plan CJ -3 Minnesota Statutes, Section 475.521 RESOLUTION RESOLUTION CALLING PUBLIC HEARING ON PROPOSAL TO ADOPT A FIVE-YEAR CAPITAL IMPROVEMENT PLAN UNDER MINNESOTA STATUTES, SECTION 475.521 WHEREAS, pursuant to Minnesota Statutes, Section 475.521 the City of Eagan, Minnesota (the "City") may issue bonds without an election to finance capital expenditures under an approved capital improvement plan provided that, among other things, the City adopts the plan after a public hearing thereon and publishes a notice of its intention to issue the bonds and the date and time of a hearing to obtain public comment on the matter; and WHEREAS, the City Council will hold a public hearing on a five-year capital improvement plan which includes a fire station, central maintenance facility expansion, and City Hall expansion (the "Plan); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, that the City Council hereby calls for a public hearing on the Plan on August 3, 2015. The City Clerk is hereby directed to cause the notice to be published at least 14 but not more than 28 days before the hearing in the official newspaper of the City or a newspaper of general circulation in the City. Whereupon said resolution was declared duly passed and adopted this 7th day of July 2015. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion by: Seconded by: Those in favor: Those against: STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS CITY OF EAGAN ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Eagan do hereby certify that the attached and foregoing Resolution was duly adopted by the Eagan City Council at its Regular Meeting of July 7, 2015, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of July 2015. City Cleric 41 City of Eagan Facilities Capital Improvement Plan July 2015 Table of Contents I. INTRODUCTION.......................................................................................3 Ii. PURPOSE.................................................................................................3 III. CAPITAL IMPROVEMENT PLANNING PROCESS........................................4 IV. PROJECTS SUMMARY..............................................................................5 V. FINANCING THE CAPITAL IMPROVEMENT PLAN......................................12 ESTIMATED PROJECT COSTS...........................................APPENDIX A FINANCING PLAN...........................................................APPENDIX B SOURCES AND USES SCHDULES......................................APPENDIX C Page 2 City of Eagan, Minnesota Facilities Capital Improvement Plan 2016-2020 I. INTRODUCTION The Eagan City Council wishes to complete certain facilities capital improvement projects over the next five years, financed by bonds to be repaid through ad valorem tax levies. Minnesota Statutes, Section 475.521 "Capital Improvement Bonds" generally exempts municipalities issuing bonds under a capital improvement program from the referendum election requirement of Section 475.58. The City also prepares separate Capital Improvement Plans for its parks system, its streets and utilities infrastructure, and its vehicles and equipment. Those plans are not included in this document. II. PURPOSE A capital improvement as defined by MS Section 475.521 is an "acquisition or betterment of public lands, buildings, or other improvements for the purpose of a city hall, town hall, library, public safety facility, and public works facility," with a useful life of 5 years or more. Capital improvements under the Statute do not include light rail transit or related activities, parks, road/bridges, administrative buildings other than city or town hall, or land for those facilities. This Facilities Capital Improvement Plan ("CIP") is a document designed to anticipate capital improvement expenditures and schedule them over a five- year period. As potential expenditures are reviewed, the benefits, costs, alternatives and impact on operating expenditures are considered as well. The CIP also matches expenditures with anticipated income. Page 3 The City of Eagan (the "City") believes the capital improvement process is an important element of responsible fiscal management. Major capital expenditures can be anticipated and coordinated so as to minimize potentially adverse financial impacts caused by the timing and magnitude of capital outlays. This coordination of capital expenditures is important to the City in achieving its goals of adequate physical public assets, preservation of public assets and sound fiscal management. Good planning is essential for the wise and prudent use of limited financial resources. The CIP is designed for an annual update. In this manner, it becomes an ongoing fiscal planning tool that continually anticipates future capital expenditures and funding sources. Ill. CAPITAL IMPROVEMENT PLANNING PROCESS The capital improvement planning process is as follows: • City Council authorizes the preparation of the CIP. • City staff assembles the capital expenditures to be undertaken within the next five years. • City Council then reviews the expenditures according to their priority, fiscal impact, and available funding. From this information, a preliminary CIP is prepared. • City Council conducts a public hearing on the CIP to solicit input from citizens, local business owners, and other interested parties. Changes may be made based on that input, and a final project list is established. • City Council then prepares a CIP based on the available funding sources. If general obligation bonding is necessary, the City works with its financial advisor and bond attorney to prepare a bond sale and repayment schedule. Once the funding becomes available, including proceeds from the bond sales, the individual capital expenditures can be made. In subsequent years, the process of updating the plan to cover the next five years is repeated. For the City to use its authority to finance expenditures under Section 475.521, it must meet the requirements provided therein. Specifically, the City Council must approve the sale of capital improvement bonds by two-thirds majority Page 4 (i.e., 4-1 vote for a five -member Council). In addition, it must hold a public hearing for public input. Notice of such hearing must be published in the official newspaper of the municipality at least 14, but not more than 28 days prior to the date of the public hearing. In addition, the notice may be posted on the City's official web site. The governing body approves the CIP following the public hearing. Although a referendum is not required, a reverse referendum is allowable. If a petition bearing the signatures of at least 5 percent of the votes cast in the last general election requesting a vote on the issuance of bonds is received by the municipal clerk within 30 days after the public hearing, a referendum vote on the issuance of the bonds shall be called. If a vote is taken and the referendum passes, the taxes would be levied on market value rather than tax capacity. IV. PROJECTS SUMMARY The expenditures to be undertaken with this Facilities CIP are limited to those listed below. Other public improvement projects, including streets, utilities and parks projects, as well as vehicles and equipment purchases, are considered in other Eagan CIP plans. The following expenditure estimates have been submitted for inclusion in this CIP: 2016 Estimated Expenditures • New Fire Station 1 construction: $5,732,418 • Central Services Maintenance remodel/expansion—Phase 1: $5,182,341 2018 Estimated Expenditures • Central Services Maintenance remodel/expansion—Phase 2: $4,031,772 • City Hall and Police remodel/expansion: $9,312,765 The total of these projects is $24,259,296. Page 5 Per requirements of the Statute, the City must consider the following criteria for each project and the overall plan: 1. Condition of the City's infrastructure and need for the project 2. Demand for the improvement 3. Cost of the improvement 4. Availability of public resources 5. Level of overlapping debt 6. Cost/benefit of alternative uses of funds 7. Operating costs of the proposed improvements 8. Options for shared facilities with other cities or local governments Findings are as follows: New Fire Station 1 1. Condition of City's infrastructure and need for the project — This project will result in reducing the number of Eagan fire stations from five to three. The project contemplates consolidating three existing fire stations (#s 1, 3 and 5) into a new fire station, located at the corner of Blackhawk and Diffley Roads near 1-35E, where full-time and duty crew firefighters can be housed, and have easy freeway access to reduce response times. As the number of volunteer firefighters continues to dwindle, there are not enough to fully staff five fire stations. Expansion or remodeling of any of the existing three fire stations in the western part of the city is not feasible, and none of them are ideally located for fast response times to the entire western half of the city. 2. Demand for the improvement —The dwindling count of volunteer firefighters dictates the need for consolidation. The proposed new location, along with the potential for firefighters to be located at the station instead of having to drive to it when calls come in, should also result in improved response times to most addresses in its vicinity. 3. Cost of the improvement — In 2013, the City landbanked the property on which the proposed fire station will be constructed. The property cost was $625,000. The original architect plans had an estimated project cost of Page 6 $6,741,505. Through staff review, $1,009,087 in costs have been cut from the original plans, reducing the estimated cost of construction to $5,732,418. 4. Availability of public resources — The City will attempt to sell Fire Station 5 in the southwestern part of the city. Proceeds from the sale would reduce the net overall project cost. The City does not own the property on which Fire Station 3 sits, so it is not able to sell it. The existing Fire Station 1 property is in a residential area with very limited possibilities for reuse if not for a public purpose. If it were demolished and the property sold, the City would net little, if anything, from the sale. In addition, the City Council has instructed staff to place on its agenda the authorization to utilize $3.1 million in excess General Fund balance to reduce the amount of the bonds required for the projects in this CIP. 5. Level of overlapping debt —The City's current debt profile is considered low. Moody's and Standard and Poor's have both cited Eagan's low debt levels as support for their AAA/Aaa ratings (highest possible on their scales). Direct City debt and overlapping debt of the Eagan school districts, Dakota County and Metropolitan Council as of December 31, 2014 is as follows: Governmental Unit Overlapping Debt School Districts: I.S.D. No. 191 - Burnsville I.S.D. No. 196 - Rosemount/AV/Eagan LS.D. No. 197 -West St Paul Dakota County Regional: Metropolitan Council Subtotal, Overlapping Debt Direct Debt City of Eagan Total Direct and Overlapping Debt $ 103,405,000 Estimated Estimated Share of Debt Percentage Overlapping Outstanding Applicable Debt $ 103,405,000 11.7 % $ 12,098,385 96,477,253 32.9 31,741,016 55,305,000 32.3 17,863,515 26,565,000 16.5 4,383,225 21,040,000 2.2 462,880 66,549,021 14,195, 000 100.0 14,195,000 $ 80,744,021 Currently, the City is levying to pay back bonds on the Community Center and to pay back funds borrowed internally for construction of Northwood Parkway and Duckwood Drive bridges over 1-35E, as well as a pedestrian bridge related to a center -running bus rapid transit stop at the Cedar Grove Page 7 Transit Station. Those two levies are set to expire in the next few years. The debt for this project and others in this CIP will be structured such that when the payments on the Community Center and bridges are done, the same amount or less will then be levied for these projects in this CIP. Essentially, the capital tax levy after the new bonds are issued is expected to be at the same level as, or less than, the current capital tax levy. 6. Cost/benefit of alternative uses of funds —The trend, both locally and nationally, is that it is getting harder every year to recruit and retain volunteer firefighters. The number of volunteer firefighters in Eagan has been dropping for several years and the trend is expected to continue. It is now difficult to staff five stations with volunteers. Consolidation of fire stations must be a part of the solution. As noted earlier, remodeling any of the existing Stations 1, 3, or 5 to accommodate full-time staff and duty crews stationed at the facilities is not feasible. To improve fire call response times, the City needs at least two stations that can house full-time and/or part-time duty crew staff to augment its volunteers. 7. Operating costs of the proposed improvements — Annual operating costs are estimated at $25,000 above current maintenance costs on the existing fire stations. 8. Options for shared facilities with other cities or local governments — As time is of the essence in any emergency, it is important to have stations that are strategically located to facilitate a fast response. Sharing existing facilities in other cities is not an option in responding to calls in a timely manner. It should be noted that Eagan has existing mutual aid agreements with all its neighboring cities in the case of calls that require a significant response and/or are of an extended duration. Such agreements will stay in place with the construction of the new fire station. Page 8 Central Services Maintenance Remodel/Expansion 1. Condition of City's infrastructure and need for the prosect – This project will increase the useful life of City assets and improve operations efficiency by doubling the heated space for storage of vehicles and equipment, enhancing cold storage and salt storage, and adding a vehicle wash bay. Currently, with so much equipment packed into the existing facility space, drive-through lanes are blocked and many vehicles and pieces of equipment are inaccessible without moving one or more items. Worker safety and productivity will be improved by enhancing interior lighting and increasing employee work space for vehicle maintenance, sign shop, welding/fabrication, carpentry, and small engine repairs. In addition, the aging office space will be remodeled to achieve ergonomic improvements and meet ADA requirements. 2. Demand for the improvement –The existing maintenance facility was constructed in 1985 and expanded in 1989 when the city was at its peak of growth. The proposed project is the final phase of the original expansion plans. In order to attract and retain good workers, a safe and pleasant work environment that fosters productivity is desirable. 3. Cost of the improvement – Phase 1, originally estimated at a cost of $5,472,245, was reduced in scope through staff review by $289,904, lowering the revised Phase 1 cost to $5,182,341. Similar reductions proposed by staff have reduced the original Phase 2 cost of $4,514,562 by $482,790 to $4,031,772. Total cost of both phases is estimated at $9,214,113. 4. Availability of public resources – As noted in the Fire Station 1 discussion on page 7, the City Council has instructed staff to place on its agenda the authorization to utilize $3.1 million in excess General Fund balance to reduce the amount of the bonds required for the projects in this CIP. The $3.1 million specifically will reduce the amount of bonds to be issued for project work scheduled in 2016—that is, the new fire station and Phase 1 of this maintenance facility. In addition, $1.25 million of the Central Services Maintenance facility project costs are related to public utilities, and will be funded by the Public Utilities enterprise fund, further reducing the amount of bonds to be issued. Page 9 5. Level of overlapping debt – See comments in the Fire Station 1 discussion on page 7. 6. Cost/benefit of alternative uses of funds – One alternative use of funds would be to not do anything and, thus, reduce property taxes. This may result in a deterioration of services to the citizenry over the years, as well as higher vehicle and equipment costs due to greater exposure to the elements. Doing nothing will likely decrease worker safety. Another alternative would be to hire additional maintenance staff to make up for the inefficiencies and unproductivity resulting from current conditions. In addition, more frequent purchases of vehicles and equipment would be required because their useful lives would be shorter if the equipment is not garaged. Generally, the Council believes it is in the best interests of the public, the City's assets and City staff that the City be good stewards of its vehicles and equipment, and take reasonable steps to protect and care for its workers. 7. Operating costs of the proposed improvements –Annual operating costs for building maintenance are estimated to increase $9,400 after the proposed improvements are made. 8. Options for shared facilities with other cities or local governments –The maintenance facility is essential to City operations. When snow and ice create hazardous road conditions, it is important to have a local base for snowplows so that they can readily access city streets. It would be impractical to share such facilities with another city. City Hall and Police Remodel/Expansion 1. Condition of City's infrastructure and need for the project –This 2018 project will remodel the workspaces in both City Hall and the Police Department to meet current staffing needs. Additional office space and meeting space will be created, as well as an expansion of both male and female locker rooms in the Police Department. Further, a garage for Police vehicles—which comprises one-half of the total project cost—will be built for the safety of Page 10 Police staff entering and leaving the building and to protect and extend the useful lives of Police vehicles. The City Hall/Police facility was expanded in 1995 and was designed at that time with a 20 -year outlook. 2. Demand for the improvement — Compared to 20 years ago, much more of the business of today's Police Department involves detective work. For example, investigating stolen identities and internet crimes involves staff working in the office instead of patrolling the streets. As a result, the Police Department needs more office space than ever, and it appears the nature of crimes will continue this trend. In addition, as officers come and go from the building, there seems to be a greater risk to their safety than there was 20 years ago, hence the need for a secure garage facility. The needs of staff at City Hall have increased, too. The Information Technologies department has more than doubled in size since 1995. Communications staff has increased as well. 3. Cost of the improvement —The original estimate, including contingency and anticipated inflation through 2018, was $9,902,765. Staff has proposed reducing the size of the Police parking garage, resulting in a cost reduction of $590,000, which puts the revised project cost at $9,312,765. 4. Availability of public resources — At this time, no other sources of public funds have been identified other than a levy for debt service. This project is scheduled for 2018. In the event the General Fund accumulates funds over and above the City Council's established fund balance targets by 2018, such funds could potentially be utilized to reduce the amount of borrowing required for this project. 5. Level of overlapping debt — See comments in the Fire Station 1 discussion on page 7. 6. Cost/benefit of alternative uses of funds — One alternative the City Council considered was utilization of the vacant Fire Administration building across the street from City Hall. It has been determined that if the Fire Administration building can be sold for a reasonable price, it will be less costly to add on to the proposed City Hall/Police expansion than to remodel Fire Administration to fit the City's space needs. Because the project is not Page 11 scheduled until 2018, the City will have the opportunity to try'to sell the Fire Administration building in the meantime. If it does not sell before 2018, the Council may reconsider using it in Lieu of a portion of the proposed building expansion. As with the proposed Central Services maintenance facility discussed on page 10, other alternatives include reduction of taxes for operations through reduced service levels, though that would likely be offset to some extent by more frequent purchase of vehicles and equipment because of their exposure to the weather. Again, the Council believes it is in the best interests of the public, the City's assets and City staff that the City be good stewards of its vehicles and equipment, and take reasonable steps to protect and care for its workers. 7. Operating costs of the proposed improvements — Annual operating costs for building maintenance are estimated to increase $39,000 as a result of the proposed improvements. 8. Options for shared facilities with other cities or local governments —As with the maintenance facility, the City Hall and Police facilities are essential to the residents and business who conduct business at the City and who receive the public protection of the Police Department. It is not feasible to share a City Hail or Police headquarters with another city at this point. V. FINANCING THE CAPITAL IMPROVEMENT PLAN The City Council has expressed its desire to maintain or reduce the current capital -related tax burden on a going -forward basis; the Council does not want the non-operating tax levy to increase as a result of these CIP projects. Currently, two significant levies totaling about $2.3 million annually are set to expire in the near future. The $1.1 million annual levy for payment of the Community Center/Central Park bonds will expire in 2020. The $1.2 million annual levy to pay back internal loans for the 1-35E overpasses and the proposed Cedar Grove transit station pedestrian bridge is set to expire in 2018. By cutting the overpasses levy in half and extending it three more years, and with making Page 12 interest -only payments on the proposed bonds for a short time, the Council's goal of maintaining or reducing the overall non-operating tax levy can be achieved, assuming interest rates do not skyrocket in the near future. Appendix A itemizes the projects and associated cost estimates contemplated under this 2016-2020 Facilities CIP. Appendix B shows the financing plan, including the levy reductions from the two levies that will be expiring, and the levy impact of the new debt issues proposed for 2016 and 2018. The far right-hand column indicates the levy going forward will remain at $2.3 million annually through 2021 and then drop to $1.9 million thereafter. Appendix C is a schedule of Sources and Uses for the 2016 and 2018 bond issues based on current estimates. Continuation of the Capital Improvement Plan This Capital Improvement Plan should be reviewed annually by the City Council using the process outlined in this Plan. It should review proposed expenditures, make priority decisions, and seek funding for those expenditures it deems necessary for the City. If deemed appropriate, the Council should prepare an update to this Plan. Page 13 R a _ \ D Estimated Project Costs 2016 2017 2018 2019 2020 New Fire Station 1 $ 5,732,418 - - - Central Services Maintenance expansion/remodel 5,182,341 - $ 4,031,772 - - Police and City Hall expansion/remodel - - 9,312,765 - - $10,914,759 - $13,344,537 - - Page 14 APPENDIX 6 Financing Plan Assumptions: 1) The 2016 Bonds finance net project proceeds of $6,517,759 2) Interest rates for the 2016 Bonds are current NBQ rates + 50bp 3) The 2018 Bonds finance net project proceeds of $13,344,537 4) Interest rates for the 2018 Bonds are current NBQ rates + 100bp 5) The 2018 Bonds have 3 years of capitalized interest w ith principal beginning in 2022 6) Debt service show n for the bridges/exchanges has been provided by the City 7) Debt service for the 2009B Bands, 2016 Bonds and 2018 Bonds are show n at the 105% overlevy Page 15 Existina Debt Service Projected Future Debt Service Payment 2009B GO Fac Ref Bridges/ Total Existing $9,840,000 $16,176,000 Levy Year Date Bonds Exchanges Debt Service 2016 Bonds 2018 Bonds TOTAL 2014 02/01/2016 1,120,927.50 1,200,000.00 2,320,927.50 - 2,320,927.50 2015 02/01/2017 1,119,615.00 612,000.00 1,731,615.00 180,287.18 1,911,902.18 2016 02/01/2018 1,122,765.00 624,420.00 1,747,185.00 520,844.63 2,268,029.63 2017 02/01/2019 1,124,970.00 636,725.00 1,761,695.00 506,842.88 2,268,537.88 2018 02/01/2020 1,113,210.00 649,459.00 1,762,669;00 507,682.88 2,270,351.88 2019 02/01/2021 1,119,300.00 662,448.00 1,781,748.00 486,696.00 2,268,444.00 2020 02/01/2022 675,697.45 675,697.45 486,417.75 1,106,579.25 2,268,694.45 2021 02/01/2023 646,031.00 646,031.00 485,315.25 1,137,003.00 2,268,349.25 2022 02/01/2024 488,759.25 1,412,118.75 1,900,878.00 2023 02/01/2025 486,244.50 1,410,297.00 1,896,541.50 2024 02/01/2026 488,381.25 1,411,425.75 1,899,807.00 2025 02/01/2027 484,344.00 1,410,454.50 1,894,798.50 2026 02/01/2028 485,079.00 1,412,554.50 1,897,633.50 2027 02/01/2029 484,827.00 1,411,746.00 1,896,573.00 2028 02/01/2030 488,276.25 1,414,134.75 1,902,411.00 2029 02/01/2031 485,554.13 1,413,200.25 1,898,754.38 2030 02/01/2032 487,512.38 1,412,462.63 1,899,975.00 2031 02/01/2033 483,443.63 1,414,176.75 1,897,620.38 2032 02/01/2034 484;031.63 1,413,357.75 1,897,389.38 2033 02/01/2035 483,813.75 1,414,612.50 1,898,426.25 2034 02/01/2036 488,024.25 1,412,987.63 1,901,011.88 2035 02/01/2037 485,940.00 1,419,579.00 1,905,519.00 Total $6,720,787.60 $5,708,780.45 $12,427,567.95 $9,978,317.56 $22,026,690.00 $44,432,575.51 Assumptions: 1) The 2016 Bonds finance net project proceeds of $6,517,759 2) Interest rates for the 2016 Bonds are current NBQ rates + 50bp 3) The 2018 Bonds finance net project proceeds of $13,344,537 4) Interest rates for the 2018 Bonds are current NBQ rates + 100bp 5) The 2018 Bonds have 3 years of capitalized interest w ith principal beginning in 2022 6) Debt service show n for the bridges/exchanges has been provided by the City 7) Debt service for the 2009B Bands, 2016 Bonds and 2018 Bonds are show n at the 105% overlevy Page 15 APPENDIX C $6,660,000 City of Eagan, Minnesota General Obligation Capital Improvement Plan Bonds, Series 2016 Option 3 - May 29, 2015 Sources & Uses Dated 04/01/20161 Delivered 04/01/2016 Sources Of Funds ParAmount of Bonds............................................................................................................................................. $6,660,000.00 CityCash Contribution............................................................................................................................................ 3,147,000.00 UtilityFunds............................................................................................................................................................ 1,250,000.00 TotalSources...................................................................................................................................................... $11,057,000.00 Uses Of Funds NewFire Station.................................................................................................................................................... 5,732,418.00 CSMPhase 1.......................................................................................................................................................... 5,182,341.00 Costsof Issuance.................................................................................................................................................. 75.000.00 Total Underw riter's Dscount (1.000%)................................................................................................................ 66,600.00 RoundingAmount................................................................................................................................................... 641.00 TotalUses............................................................................................................................................................ $11,057,000.00 $15,175,000 City of Eagan, Minnesota General Obligation Capital Improvement Plan Bonds, Series 2018 Option 3 - May 29, 2015 Sources & Uses Dated 04101/20181 Delivered 04/01/2018 Sources Of Funds ParAmount of Bonds............................................................................................................................................. $15,175,000.00 TotalSources...................................................................................................................................................... $15,175,000.00 Uses OF Funds Police/City Hall........................................................................................................................................................ 9,312,765.00 CSMPhase 2.......................................................................................................................................................... 4,031,772.00 Deposit to Capitalized Interest (CIF) Fund.....................................................................................................:........ 1,597,674.17 Total Underwriter's Discount (1.000%)................................................................................................................ 151,750.00 Costsof Issuance.................................................................................................................................................. 80,000.00 RoundingAmount................................................................................................................................................... 1,038.83 TotalUses............................................................................................................................................................ $15,175,000.00 Page 16 MINNESOTA STATUTES 2014 475.521 475.521 CAPITAL IMPROVEMENT BONDS. Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given. (a) "Bonds" mean an obligation defined under section 475.51. (b) "Capital improvement" means acquisition or betterment of public lands, buildings or other im- provements for the purpose of a city hall, town hall, library, public safety facility, and public works facility. An improvement must have an expected useful life of five years or more to qualify. Capital improvement does not include light rail transit or any activity related to it, or a park, road, bridge, administrative building other than a city or town hall, or land for any of those facilities. For purposes of this section, "capital im- provement" includes expenditures for purposes described in this paragraph that have been incurred by a mu- nicipality before approval of a capital improvement plan, if such expenditures are included in a capital im- provement plan approved on or before the date of the public hearing under subdivision 2 regarding issuance of bonds for such expenditures. (c) "Municipality" means a home rule charter or statutory city or a town described in section 368.01, subdivision 1 or la. Subd. 2. Election requirement. (a) Bonds issued by a municipality to finance capital improvements under an approved capital improvements plan are not subject to the election requirements of section 475.58. The bonds must be approved by an affirmative vote of three-fifths of the members of a five -member governing body. In the case of a governing body having more or less than five members, the bonds must be approved by a vote of at least two-thirds of the members of the governing body. (b) Before the issuance of bonds qualifying under this section, the municipality must publish a notice of its intention to issue the bonds and the date and time of the hearing to obtain public comment on the matter. The notice must be published in the official newspaper of the municipality or in a newspaper of general circulation in the municipality. Additionally, the notice may be posted on the official Web site, if any, of the municipality. The notice must be published at least 14 but not more than 28 days before the date of the hearing. (c) A municipality may issue the bonds only after obtaining the approval of a majority of the voters voting on the question of issuing the obligations, if a petition requesting a vote on the issuance is signed by voters equal to five percent of the votes cast in the municipality in the last municipal general election and is filed with the cleric within 30 days after the public hearing. If the municipality elects not to submit the question to the voters, the municipality shall not propose the issuance of bonds under this section for the same purpose and in the same amount for a period of 365 days from the date of receipt of the petition. If the question of issuing the bonds is submitted and not approved by the voters, the provisions of section 475.58, subdivision Ia, shall apply. Subd. 3. Capital improvement plan. (a) A municipality may adopt a capital improvement plan. The plan must cover at least five-year period beginning with the date of its adoption. The plan must set forth the estimated schedule, timing, and details of specific capital improvements by year, together with the estimated cost, the need for the improvement, and sources of revenue to pay for the improvement. In preparing the capital improvement plan, the governing body must consider for each project and for the overall plan; (1) the condition of the municipality's existing infrastructure, including the projected need for repair or replacement; Copyright 0 2014 by the Revisor of Statutes, State of Minnesota, All Rights Reserved. 475.521 MINNESOTA STATUTES 2014 2 (2) the likely demand for the improvement; (3) the estimated cost of the improvement; (4) the available public resources; (5) the level of overlapping debt in the municipality; (6) the relative benefits and costs of alternative uses of the funds; (7) operating costs of the proposed improvements; and (8) alternatives for providing services most efficiently through shared facilities with other municipalities or local government units. (b) The capital improvement plan and annual amendments to it must be approved by the governing body after public hearing. Subd. 4. Limitations on amount. A municipality may not issue bonds under this section if the maximum amount of principal and interest to become due in any year on all the outstanding bonds issued under this section, including the bonds to be issued, will equal or exceed 0.16 percent of the estimated market value of property in the municipality. Calculation of the limit must be made using the estimated market value for the taxes payable year in which the obligations are issued and sold. In the case of a municipality with a population of 2,500 or more, the bonds are subject to the net debt limits under section 475.53, In the case of a shared facility in which more than one municipality participates, upon compliance by each participating municipality with the requirements of subdivision 2, the limitations in this subdivision and the net debt represented by the bonds shall be allocated to each participating municipality in proportion to its required . financial contribution to the financing of the shared facility, as set forth in the joint powers agreement relating to the shared facility. This section does not limit the authority to issue bonds under any other special or general law. Subd. 5. Application of this chapter. Bonds to finance capital improvements qualifying under this section must be issued under the issuance authority in this chapter and the provisions of this chapter apply, except as otherwise specifically provided in this section. History: 2003 c 127 art 12 s 16; ISp2003 c 21 art 10 s 11; 2005 c 152 art 1 s 27-30; 2013 c 143 art 12s15,16; art 14s99 Copyright© 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Agenda Information Memo July 7, 2015 Eagan City Council Meeting L. Project 1185, Cliff Road (CSAH 32) Signal Interconnect Joint Powers Agreement Action To Be Considered: Approve the Joint Powers Agreement with the Dakota County Transportation Department for Project 1185 (Cliff Road Signal Interconnect — Dakota County Project 32-80) within County right- of-way in the City of Eagan and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Approve the agreement between the Dakota County Transportation Department and the City for installation of fiber optic cable for signal interconnection along County State Aid Highway (CSAH) 32, Cliff Road, between Slater Road and CSAH 31, Pilot Knob Road; install traffic monitoring cameras; and, revise the existing traffic control signals along CSAH 32, Cliff Road, at the intersections of Slater Road, Galaxie Avenue/Blackhawk Road, and Thomas Center Drive/Beacon Hill Road. ➢ Federal funding has been obtained to cover a portion of the costs for the traffic signal interconnect, monitoring equipment and signal revisions as part of an enhanced traffic management system. ➢ The proposed improvements will result in coordinated traffic control signals, which can play an important role in easing traffic congestion. The purpose of coordinated traffic control signals is to design a corridor or system wide method to minimize the operational delay of vehicles. The associated benefits include safety enhancement, energy savings, and pollution reduction. ➢ This Agreement will supplement the existing signal agreements which will remain in full force and effect after completion of the signal revisions. ➢ The County and City will share project responsibilities and after deducting other funding per the Dakota County Transportation Plan will jointly participate in project costs associated with engineering, installation of fiber cable and monitoring equipment, traffic signal revisions, and related activities. ➢ The agreement has been reviewed by the City Attorney and Public Works Department and was found to be similar to other cost participation and cooperative construction agreements with Dakota County and in order for favorable Council action. Attachments: (1) CL -1 Joint Powers Agreement Dakota County Contract C0026927 JOINT POWERS AGREEMENT FOR ENGINEERING, HIGHWAY CONSTRUCTION AND SIGNAL REVISIONS TRAFFIC SIGNAL AGREEMENT NO. 15-02 BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF EAGAN DAKOTA COUNTY PROJECT NO. 32-80 STATE PROJECT NUMBER: 019-632-032 MINNESOTA PROJECT NUMBER: CMAQ 1915 (164) CITY OF EAGAN PROJECT NO. 1185 SYNOPSIS: Dakota County Transportation Department and the City of Eagan agree to install fiber optic cable for signal interconnect, traffic monitoring cameras, and revise the traffic control signal systems along County State Aid Highway (CSAH) 32 (Cliff Road) between Slater Road and CSAH 31 (Pilot Knob Road) in Eagan, Dakota County. CP 32-80, Contract C0026927 June 22, 2015 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as the "County" and the City of Eagan, referred to in this Agreement as the "City". WHEREAS, under Minnesota Statutes Sections 162.17, subdivision 1 and 471.59, subdivision 1, two governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to install fiber optic cable for signal interconnection along County State Aid Highway (CSAH) 32 (Cliff Road) between Slater Road and CSAH 31 (Pilot Knob Road), install traffic monitoring cameras, and revise the existing traffic control signals along CSAH 32 (Cliff Road) at the intersections of Slater Road, Galaxie Avenue/Blackhawk Road, and Thomas Center Drive/Beacon Hill Road, in accordance with the plans and specifications for the above referenced Project in Eagan, Dakota County, the "Project"; and WHEREAS, Federal funding has been obtained which will cover a portion of the costs for the traffic signal interconnect, monitoring equipment and signal revisions; and WHEREAS, this Agreement will supplement the existing signal agreements which will remain in full force and effect after completion of the signal revisions; and WHEREAS, the County and City will share Project responsibilities; and after deducting other funding per the Dakota County Transportation Plan, jointly participate in Project costs associated with engineering, installation of fiber optic cable and monitoring equipment and traffic signal revisions, and related activities as set forth in this Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Plans and Specifications. The County shall prepare the necessary plan sheets, specifications, and proposals, consistent with State Aid design standards and the Dakota County Transportation Plan. City approval of the plans and specifications is necessary prior to advertising for bids. The County will prepare the Request for Bids and all accompanying attachments and exhibits. The County Board will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. 2. Engineering and Inspection Costs. The County shall perform the engineering, contract administration, and inspection required to complete the items of work specified in this Agreement. The work described in this paragraph shall constitute "Engineering and Inspection" and shall be referred to as such in this Agreement. Engineering and Inspection costs of the installation of fiber optic signal CP 32-80, Contract C0026927 June 22, 2015 interconnect, traffic monitoring cameras, signal system revisions, and all related incidental items shall be shared in the amount of 55% by the County and 45% by the City after deducting other funding per the adopted Dakota County Transportation Plan. 3. Construction Costs. The contract cost of the work and, if portions of the work are not contracted, the cost of all labor, materials, and equipment rental required to complete the work shall constitute the actual "Construction Cost" and shall be referred to as such in this Agreement. Any federal, state, and local permits, licenses, and authorizations necessary to perform the work contemplated in this Agreement are also considered a "Construction Cost." The Construction Cost of the installation of fiber optic signal interconnect, traffic monitoring cameras, signal system revisions, and all related incidental items shall be shared, after deducting other funding per the adopted Dakota County Transportation Plan, in the amount of 55% by the County and 45% by the City.. 4. County Furnished Materials and Labor. Upon completion of the work and computation of the cost of County furnished materials and labor, the County shall invoice the City for the City's share of the cost of materials furnished and labor by the County after deducting other funding per the adopted Dakota County Transportation Plan 5. Traffic Signal and Interconnect Revisions. The County, by contract, shall install traffic monitoring cameras and fiber optic cable for signal interconnection along CSAH 32 (Cliff Road) between Slater Road and CSAH 31 (Pilot Knob Road), and revise the existing traffic control signals along CSAH 32 (Cliff Road) at the intersections of Slater Road, Galaxie Avenue/Blackhawk Road, and Thomas Center Drive/Beacon Hill Road. This agreement will supplement the existing signal agreements which will remain in full force and effect after completion of the signal revisions provided for in this Agreement. 6. Traffic Monitoring Camera Operation and Maintenance. After completion of the project, the County will be responsible for operating the cameras for traffic monitoring and for maintenance costs of the traffic monitoring cameras. The electrical power necessary for the operation of the traffic monitoring cameras will be shared between the County and City as defined for Signal Energy Costs within the existing traffic signal agreements. This provision shall continue indefinitely, and survive termination of this Agreement, as well as the completion of the project and the effective dates set forth in paragraph 13 of this Agreement. 7. Fiber Optic Conduit. The County will be responsible for all costs to install a separate fiber optic conduit (separate from the signal interconnection identified in paragraphs 3 and 5) along CSAH 32 (Cliff Road) as part of the Project. 8. Fiber Optic Cable. Six strands of fiber optic cable shall be designated for traffic signal interconnection along CSAH 32 (Cliff Road) as part of this project.. The County will be responsible for all CP 32-80, Contract C0026927 June 22, 2015 costs to install and maintain additional strands for the County's use. The County will be responsible for operation and maintenance of the fiber optic cable for traffic signal interconnection and the County's fiber optic cable network. 9. Payment. The County will administer the contract and act as the paying agent for all payments to the contractor. Payments to the contractor will be made as the Project work progresses and when certified for payment by the County Engineer. The County, in turn, will bill the City for its share as denoted in previous sections above. Upon presentation of an itemized claim by one agency to the other, the receiving agency will reimburse the invoicing agency for its share of the costs incurred under this Agreement within 35 days from the presentation of the claim. All submissions for payment must be presented by February 6, 2017. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid and accompanied by a written explanation of the amounts in question. If there is an amount in dispute, documentation of actual costs incurred in carrying out the work will be provided to all parties, and the parties will undertake good faith negotiations to resolve the dispute. 10. Operation. The geometric configuration of the intersection for both the main roadway and side streets including lane alignments and traffic assignments for all approaches, traffic signing, signal phasing and traffic operations will be determined by the County Engineer through the County Traffic Engineer. The City agrees to make no changes to the intersection operation through pavement marking, signing, or other construction measures beyond routine maintenance except with the written approval of the County. The City acknowledges that the County has the right to correct any changes made by the City to the signal and/or any intersection approach (including city street approaches) that are made without the prior review and approval of the County. Costs for correcting the unapproved changes will be paid for in full by the City. 11. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost participation must be approved by both the City and County prior to execution of work. 12. Amendments. Any amendment to this Agreement will be effective only after approval by both governing bodies and execution of a written amendment document by duly authorized officials of each body. 13. Effective Dates. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Except as specified elsewhere in this Agreement, in no event will this Agreement continue in effect after December 31, 2017, unless the parties mutually agree to an extension of the project term. CP 32-80, Contract C0026927 June 22, 2015 14. Subsequent Excavation. After completion of the Project regarding installation, and after expiration of the warranty period regarding repair, if excavation within the highway right of way is necessary to repair or install water, sewer, or other city utilities, the City will obtain a permit from the County for all work within County right of way and will be subject to all permit conditions. If, after completion of the Project, the County needs to perform excavation within City's public right-of-way, the County shall obtain a permit from the City for all work within City right of way and will be subject to all permit conditions. 15. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures, and State statutes as applicable to carrying out the work contemplated in this Agreement unless amended by the contract specifications. 16. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents, including future operation and maintenance of facilities owned by the County and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which the City is responsible, including future operation and maintenance of facilities owned by the City and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this Agreement recognize that liability for any claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. Nothing in this Agreement shall constitute or be deemed a waiver by the County or City of any of its statutory or common law immunities or limitations of liability, if any. 17. Waiver. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. Any and all persons engaged in the work to be performed by the City shall not be considered employees of the County for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a CP 32-80, Contract C0026927 June 22, 2015 consequence of any act or omissions of the part of the City's employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 18. Audit. Pursuant to Minn. Stat. Sec. 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to the Agreement are subject to examination by the County, the City, and either the Legislative Auditor or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 19. Integration and Continuing Effect. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the County and the City regarding the Project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect after completion of the signal revisions provided for in this Agreement. Paragraphs 14 through 22 of this Agreement shall survive the termination of this Agreement or the completion of the project, and the County and City shall continue to be fully bound by such obligations, unless waived in writing. 20. Authorized Representatives. The authorized representative for the purpose of the administration of this Agreement are: Mark Krebsbach, Dakota County Engineer (or his successor) 14955 Galaxie Avenue Apple Valley, MN 55124-8579 (952) 891-7100 John Gorder, City Engineer (or his successor) 3830 Pilot Knob Road Eagan, MN 55122 (651) 675-5000 All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. 21. Data Practices. With respect to any data that it possesses regarding the Agreement, the County and City agree to comply with all applicable provisions of the Minnesota Data Practices Act contained in Minnesota Statutes Chapter 13, as the same may be amended from time to time. CP 32-80, Contract C0026927 June 22, 2015 22. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative, or employee of the City in the performance of this Agreement. While engaging in the performance of this Agreement, personnel of the City shall not be considered employees of the County, and are not entitled to any compensation, rights, or benefits of any kind whatsoever form or by the County, 23. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, are subject to the laws of the State of Minnesota, and shall be venued in Dakota County, Minnesota or the Federal Court in Ramsey County, as appropriate. [SIGNATURE PAGE TO FOLLOW] N: IHighwaylAGRMENT120151TSA 15-02 32-80 Eagan C0026927.docx 7 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. CITY OF PAGAN RECOMMENDED FOR APPROVAL: City Engineer (SEAL) DAKOTA COUNTY RECOMMENDED FOR APPROVAL: County Engineer COUNTY BOARD RESOLUTION No. 14-457 Date September 23, 2014 By Mayor By City Clerk Date --------------------------------------------- By Physical Development Director Date APPROVED AS TO FORM: Assistant County Attorney Date Agenda Information Memo July 7, 2015 Eagan City Council Meeting CONSENT AGENDA M. Contract 14-02, Central Maintenance Backup Power Action To Be Considered: Approve the final payment for Contract 14-02 (Central Maintenance Backup Power) in the amount of $52,760.00 to PowerSecure Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 14-02 provided for the installation of a generator and associated switchgear for backup electric power to the Central Maintenance Campus. The project was programmed for 2014 in the City's 5 -Year Capital Improvement Program (2014-2018). ➢ The installation has been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments: (0) Agenda Information Memo July 7, 2015 Eagan City Council Meeting CONSENT AGENDA O. Contract 15-14, Blackhawk Middle School/Deerwood Elementary Water Quality Improvements Action To Be Considered: Receive the bids and award Contract 15-14 (Blackhawk Middle School/Deerwood Elementary Stormwater Management, Phase 2) to the lowest responsible bidder as identified in the Administrative Agenda memo, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15-14 provides for the construction of a stormwater runoff reduction project on the campus of Blackhawk Middle and Deerwood Elementary Schools, in the area abutting the schools' playground area. Improvements include the construction of three bioretention basins and a swale. ➢ The bioretention basins will reduce stormwater runoff volume and remove phosphorus, through filtration and infiltration, from the 3.3 -acre drainage area. The swale helps to direct some of the site's stormwater runoff to the bioretention basins for water quality treatment. ➢ Contract 15-14 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. In 2013, the Minnesota Pollution Control Agency awarded the City of Eagan a $46,500 grant for these types of improvements. ➢ 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). ➢ On July 6, 2015, bid quotes will be obtained for Contract 15-14. All bids will be reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The results and recommendation for award of Contract 15-14 will be presented to the City Council as part of the Administrative Agenda packet. Attachments: (0) Agenda Information Memo July 7, 2015 Eagan City Council Meeting CONSENT AGENDA P. Authorize the Placement of Eagan Lions Signs on the Welcome to Eagan Signs Action To Be Considered: Authorize the Eagan Lions Club to place Lions Club signs on specified Welcome to Eagan signs as approved by Public Works staff, Dakota County or the Minnesota Department of Transportation (MnDOT). Facts: ➢ The Eagan Lions Club has been studying the possibility of installing Lions Club signage at various locations throughout the City. ➢ The signs would be similar to the Lions Club signs as depicted on the attachment, without the reference to the meeting time and location. ➢ The Lions Club will pay for the signs and contract with a sign installer and locate these at approximately 12 sites in near the City boundary, all according to the standards set by the City, County and MnDOT. All sign installations will require acknowledgement of City authorization on a permit application and permit approval by the jurisdictional authority. ➢ The exact location of the signs would be coordinated with the City of Eagan, Dakota County and MnDOT. Attachments: (3) CP -1 Lions Club Sign CP -2 Photo of MnDOT Sign CP -3 Photo of a Welcome to Eagan Sign on a County Highway Agenda Information Memo July 21, 2015 Eagan City Council Meeting CONSENT AGENDA Q. Source Water Protection Implementation Grant Wellhead Protection Plan Action To Be Considered: Approve an Agreement with the Minnesota Department of Health (MDH) for a Source Water Protection (Wellhead Protection Plan) Implementation Grant and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Source water, or wellhead, protection is a way to prevent contaminants from entering the area where drinking water is drawn. The City of Eagan currently has 21 wells that collectively provide potable water to the City's public water system. ➢ By law (Minnesota Statutes, Section 1031, subdivision 5, and Minnesota Rules, parts 4720.5100 to 4720.5590), community public water systems are required to delineate, inventory, and manage an inner wellhead management zone. ➢ Through the Clean Water, Land, and Legacy Amendment to the Minnesota constitution, funding was provided to MDH to establish a source water protection implementation grant program (Chapter 6; Art. 2; Sec.8 (b) [2011 First Special Session Law]) to help public water suppliers implement their source water protection plans. The source water implementation grant does not have cost share and all funds awarded must be expended by April 30, 2016. ➢ The City of Eagan implemented its original wellhead protection program in 2002. The update to Part 1 was completed in December 2012 with the update to Part 2 completed in 2015. ➢ The grant agreement provides for $10,000 to investigate an old dump area near City Wells 8 and 9; portions of the dump area are within the inner wellhead management zone. The findings of the investigation will be summarized in a technical memorandum. There will be an additional $6,000 expense to the City (Combined Utilities Trunk Fund) to complete this project (total cost is $16,000). ➢ Public Works staff have reviewed the agreement and found it to be similar to previous state grant agreements, and in order for favorable Council action. Attachments: (0) Agenda Information Memo July 7, 2015, Eagan City Council Meeting CONSENT AGENDA R. Approve a Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 18-20, 2015 at 3355 Columbia Drive. Action To Be Considered: To approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 18-20, 2015 at 3355 Columbia Drive. Facts: ➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for their annual Septemberfest on September 18-20, 2015. The event will be held on the grounds of Faithful Shepherd Catholic School, located at 3355 Columbia Drive. The event is a fundraiser for the school. ➢ Faithful Shepherd Catholic School has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety—Alcohol and Gambling Enforcement Division for final approval. Attachments: (1) CR -1 Letter from Faithful Shepherd Catholic School FArFHFUL SHEPHERD Faithful Shepherd Catholic School 1 3355 Columbia Drive I Eagan, MN 55121 Phone 651.406.4747 1 Fax 651,406.4743 I fscsmn.org June 9, 2015 Dear City Council Members 1 respectfully request that the Eagan City council waive the application fee for the temporary liquor license to be used on September 18.20, 2015. We are holding our annual SeptemberFest at Faithful Shepherd Catholic School and Trim -Parish Center. The purpose of the event is fundraising. All proceeds will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcoholic beverages. ➢ The designated property of the event will be limited to the school .grounds, which includes the school building. The following security measures will be taken to ensure proper safety in enforcing alcohol beverage sale and consumption laws, crowd control, public safety, and check the ages and identification of all attendees. A No person under the age of 21 will be sold or served alcoholic beverages. D No person will sell or give alcoholic beverages to an obviously intoxicated person. All persons who consume, purchase, or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from an approved vendor list provided by the City of Eagan). A The Welcome Committee will verify proper photograph identification for those individuals that are under the age of 21. A No person selling alcohol shall be intoxicated during his or her work shift. ➢ Licensee will post signs at all entrances of .the school to notify the public that sales and consumption of alcoholic beverages by person's under the age of 21 or to person intoxicated is prohibited. ➢ Licensee will provide volunteer private security to monitor the licensed area. A Licensee will follow the designated hours listed in the City of Eagan procedures. ➢ Licensee will designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The on-site manager will complete training in alcohol beverage service and will .train server and security personnel in the same. If you have any questions,) can be reached at (651) 406-4747. Thank you for your consideration. Respectfully submitted. Ter se Shimshock Principal Agenda Information Memo July 7, 2015, Eagan City Council Meeting , Qall 4z iffTC► R S. Approve Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on September 18-19, 2015 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 18-19, 2015 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) CS -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 18-19, 2015; 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 18-19, 2015 at 3355 Columbia Drive. Motion by: Seconded by: Those in favor: Those against: Date: July 7, 2015 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its 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 7 t day of July, 2015. City Clerk Agenda Information Memo July 7, 2015, Eagan City Council Meeting CONSENT AGENDA T. 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 19, 2015 at 3355 Columbia Drive. Actions To Be Considered: To approve a Sound Amplification Permit for an outdoor event with electronic sound system/audio equipment use after 10 p.m. located at 3355 Columbia Drive. To approve a Waiver of fee for a Sound Amplification Permit for the 12th annual SeptemberFest school fundraiser for Faithful Shepherd. Facts: ➢ An outdoor event with musical entertainment past 10 p.m. requires a permit and approval from the City Council and is subject to the requirements outlined in City Code Chapter 10, Sec. 10.31. Eagan PD has reviewed and signed off on the application. ➢ Faithful Shepherd is planning the 12th Annual SeptemberFest school fundraiser outdoor event September 18-20, 2015. The live music for which the sound amplification permit is required is planned for Saturday the 19th from 4:00 p.m. until 12:00 midnight. The event will occupy the entire parking lot on the west side of the building. ➢ Surrounding uses within % mile are industrial to the north and east, business park to the west, and multi -family residential, public facility and mixed planned development property to the south. The stage and amplification equipment will face north, toward the industrial area. ➢ A temporary liquor license is also part of the request for this event. A temporary barrier prevents unauthorized access to the event. Access is required through the entry gate check-in at the south. ➢ Due to a south -facing stage, the 2008 event generated several complaints. Subsequent years, with the stage and speaker layout facing north, the noise complaints were reduced dramatically. ➢ The applicant is requesting a fee waiver for the sound amplification permit. Issues: None Attachments: (2) CT -1 Location Map CT -2 Applicant letter, permit, site plan and radius map ...tis=. Septemberfest Eagan's Annual Block Party March 20, 2015 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: I respectfully request that the Eagan City Council waive the $75.00 application fee for a Sound Amplification Permit for Saturday, September 19th, 2015. We are holding our annual "Septemberfest" at Faithful Shepherd Catholic School and Tri -Parish Center. The purpose of "Septemberfest" is fundraising. All proceeds from the event will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's Noise Ordinance Amendment by incorporating procedures that will be followed to limit objectionable noise levels. If you have any questions, I can be reached at 612-414-0499. Thank you for your consideration. Respectfully submitted, Od�dCo�rbo& Robin Hicks -Carbo Chairs, Eagan's Septemberfest City Of Ea�dll 3830 Pilot Knob Road Eagan MN 55122 Phone: (651) 675-5690 Fax: (651) 675-5694 Use BLUE or BLACK Ink ------------------ For For Office Use jPermit #: j I I Permit Fee: Date Received: I I I Staff: ----------------- 2015 SOUND AMPLIFICATION PERMIT (OUTDOOR EVENTS AFTER 1OPM) ✓ Eagan City Code Section 10.31 requires a permit for outdoor electronic sound system / audio equipment use after 10:OOPM. A completed written application meeting the requirements of Section 10.31, accompanied by a payment of $75.00 and a site plan must be filed with the Community Development Department three full weeks in advance of the City Council meeting at which it will be considered. A copy of Section 10.31 is attached for your use. ✓ Sound produced under the permit shall not exceed the maximum allowable sound pressure level as measured by Type 1 or 2 decibel meter, using the A -weighted fast response scale meeting ANSI Specifications, Section 1.4 –1971. o % mile radius from the property line, 3-5 feet above ground level – 55 decibels '/2 mile radius from the property line, 3-5 feet above ground level – 50 decibels ✓ City Council approval is also required in instances where liquor will be present. In those cases, you may submit the liquor license application at the same time sound amplification permit so both may be considered at the same City Council meeting. ✓ PLEASE PRINT ALL INFORMATION REQUESTED ON THIS APPLICATION j Name: FA%1N�C'C 1t° _5A-ikW4 tMLft CArTi-10t.stC. SGr 00k _. Applicant (Individual Address: IDR -LVEF ��,�s..► M N �s i L� organizing event) Phone: 107- Alternative Phone: (0 (`Z ' Li 14 W 01119 Fax: U 0 , 0� �{ ( Email: Name of individual �-�– responsible for event: l eao( ash, eoA ,-, 11 Si o A -r-%+ 4v CA- Contact phone Address: 4,V11_ tAO '} during the event: Event Contact Phone: (j(2't-if �i� �' Alternative Phone: Information* r Fax: Email: B G01"&11 ems. This person must be present at all times during the event and act as the on-site contact for City officials during the event. The applicant and the contact person shall be responsible for compliance with the terms and condition } imposed by the permit and Section 10,31. The applicant or contact person shall maintain the permit on the permitted premises at all times during which the permitted electronic sound system or audio equipment is in use. The permit shall be presented to any City official or law enforcement officer upon demand. Address of event: CD�u�iid. ®''ice Q(�-►tiy �,�-f-� Purpose of event:al�ao Date(s) of event & day(s) of the week: S kj%^jt,2A-x e,�p r�ytN1. Event Details Times of event: Start: 14 PA Finish Set up begins at: Take down completed (Date l Time) _1� t- 1'5'0019 Eby: (Date/ Time) Maximum number of people in attendance on any day: �( 2015 SOUND AMPLIFICATION PERMIT Page 1 of 3 Description of electronic sound system or audio equipment: 6MLO—t $oun k S+ac�C q Type of sound to be generated (live music, recorded / music, announcements, speeches, etc): U"'- _ JMes'z 110-117-00 Sound will be generated during these hours each day: ' iw 11DN %qvA r Name of contractor / individual responsible for sound: S40 P"JA,10 . il ri 1 Address: Zy9'f e " M h% 500 S A AiOY AAV -" Phone: Alterative Phone: (P/7, 8 3 3 "t^' Will there be hired speakers / performers at the event? E' -Yes ® No If yes, name individuals Description of entertainment to be provided: ®s C®ve-- MC,.le- „V' -j,; C- 1 `�its,4... Ibul:t. Aancj (Ius ry,,/A-ri"wt- Lii car(A5tki Name p Address City / State / Zip Item- 61L l �e�•� ?io3S� uj U V -t -C" 0- pd" 'j 5531c� Name Address City / State / Zip Name Address City / State / Zip Will food or alcohol be served at the event? Utes ® No NOTE: Additional Permits may be necessary If yes, describe: 1.1.1 '�Vv Iito-^.- i.1,dn1 ftr.� �+ e� c C— 1 '�r.Q S Describe the event in detail. L &A-- IA V )' C- "i p pa• L ch 2 copies of a Site Plan. Include location of tents, stages, booths, first aid / relief stations, dumpsters, portable toilets, sound amplification equipment, signs and banners. Be specific as to the placement of sound system speakers and the direction the sound will travel, NOTE; Additional Permits may be necessary 2015 SOUND AMPLIFICATION PERMIT Page 2 of 3 List the cities in which the applicant or contact person has been issued a similar permit in the last five (5) years by this city or any other municipality or government entity with authority to issue such similar permit. Include contact information for the permitting entity and a statement as to whether the applicant or contact person was or was not in violation of any term or condition of the permit. `Tid�Gi�cr•► `1�o®'j�`?�e� The City Council may deny the permit if the proposed use of electronic sound system or audio equipment will adversely affect surrounding properties. The City Council may impose conditions upon the issuance of any permit that are reasonably related to ensure that the sound generated by the permitted sound system or audio equipment does not unreasonably disturb the persons and property surrounding the permitted location. I have received from the City of Eagan a copy of Eagan City Code 10.31 (Noisy Gatherings and Electronic Sound System Equipment) and will familiarize myself with the provisions contained within them. I hereby acknowledge that I have read this application, state the application is correct, and agree to comply with Eagan, MN laws regula=dl'und systems !audio equipment use after 10:OOPM, and all other City Codes and State laws, x _ x n' n ii®ttrf�e Applicant's Printed Name Applicant's Signature Date FOR CITY OFFICE USE ONLY Character and nature of land uses underlying and adjacent to the land upon which the electronic sound system or audio equipment will be used: NaRT4EST - I Rau sMikL LQ ab SWM- (At lb IJ F_Rf _tai °_MIUAJJ AISAn PUBIAL °ref Beat: 60 Has the applicant or contact person complied with the terms of previous or similar permits issued by another municipality or government agency during the last five years? Approved by City Council: Date 2015 SOUND AMPLIFICATION PERMIT Page 3 of 3 a) \kG/ # § r ®@ U y\a2ƒ- % 0 # 2 t $ E40M0 G\\ -a> -:e3=5 //e$27 n t to » 2 k / = a .0§ / \ § 3 (V mrz _= 2Ln w y%/$\% « : 2 Z / / e 41 7kk - 2mm6 27®: 8£ C: (U M m § f es a:'� = o e m ® » )/�{0 4/E 4" § \ z * ® aEa00 6 §\\\\W 22/W SITE PLAN O L � vi1O wvu-� �.o m 3 s Qo V U L Q C Q N 0- o o # v r� ro aoC.0 m .aN_+ N CL C), Q / hf) N Q tioC N' 70 O E. N4. v O N C t C o U O a 4JCDN m U U (tl c O O N _ aQ Y .7 J • Q L � A. 0 U E C t t o o v c o OZS o N m '� c / O 80, N �\ sz a iy Z JZaj Q 0. " a s m C: c [!m w m x t o E y v 0 N e I C-3 a. Q ��[/Q•/(�J 0 %v C v� .Q I 7 ILO ' S /--," fi % ' I SITE PLAN F�y "`�\r � � Jt�} a� P�il �' � •� {'1� ��fi �8r Q-'+�-'+.moi �+'`" ��_==1-� - �at ��,p" a'� r, ,. g� � �y ✓ n5 � I E I € s �I a � � - �� .,a h =+r � �7 i� r; r - r { I z� �� t ."f a i , .ar ; �IFE-,�.. € l.S. r � � a�r�''�� t--�-(� c '^—.---, •�'� �:- ` -F' ,. s t iq ME �/ U� �33 Nt'� I,��` a �� I-.,ai j} �...1 ;�4�1 7A -Lr ,,��,��•p � � y 1 .. r t 3 rk I� ; x It a F -' F t + t—� �(! -• -C�i r''� r li r''f s i� {r fi a�. st ❑l.Ar { '+yn - 3 � t - < .�. S a t ,_I� � � c � y (`� tri {IIA ��!( � �=f •. 11' dF3 A�ei r a "''y=y t Faithful Shepherd a _ it•' ' '.�S �`.i 1'r, r CJ B 4 i 1M. r �y wit � '1 isi- S 1 111 �`,:- , , i :fit !� :1 rin >,�i - ��sa �� •iti AI:,i�` ,_ r': ,� 2, -- � • , t 0 48 Are If 41 tl,. ��3�� I 7 Q �j t f � � ,•{ � k n�� N{x? u� ti hi, r�# �y,-�Ys ��r r t 't t �': a • r .�.;wFi y.:�JL r¢C r t=l rt'/}. I, bki ��, xi';x v .a,t I 02 �. � 4 f fx, .v -.. � 31: r,• �,. ..nai^~�tr n \:. i t� i'�d .. Y' � .-� ..-? .;S}1 Agenda Information Memo July 7, 2015, Eagan City Council Meeting CONSENT AGENDA U. Direct preparation of an ordinance amendment to City Code Chapter 5 regarding storage requirements for on -sale liquor licenses Action To Be Considered: To direct the City Attorney's Office to prepare an ordinance amendment to City Code Chapter 5 regarding storage requirements for on -sale liquor licenses. Facts: ➢ State Statute and City Code do not expressly prohibit on -sale alcohol license holders from storing alcohol in a manner that makes it accessible to the public without assistance from wait staff. ➢ Storing alcohol so that is directly accessible to customers has the potential to create instances of over service and underage service. ➢ The proposed ordinance amendment would prohibit on -sale alcohol license holders from storing their alcohol in a manner that makes it directly accessible to customers without assistance from wait staff. ➢ More information will be provided when the ordinance amendment is before Council for formal consideration. Attachments: (0) Agenda Information Memo July 7,2015 Eagan City Council Meeting CONSENT AGENDA V. Accept The Resignation Of John Radmer From The Energy And Environment Advisory Commission And Appoint Alternate Thomas Craft To Complete The Term In Place Of John Radmer. Action To Be Considered: To accept the resignation of John Radmer from the Energy and Environment Advisory Commission and to appoint alternate Thomas Craft to complete the term in place of John Radmer. Facts: ➢ John Radmer was appointed to a two year term on the Energy and Environment Advisory Commission 2014, which would have expired in April 2016. ➢ Due to the purchase of a home outside of Eagan, Mr. Radmer tendered his resignation effective June 29, 2015. ➢ Energy and Environment Advisory Commission alternate Thomas Craft is available to complete the term in place of John Radmer. Attachments: (1) CV -1 Letter of Resignation From: Jul! Johnson To: Amy Grannes Subject: FW: Eagan EEAC Date: Monday, June 29, 2015 2:16:11 PM Amy - For attachment to Council item and EEAC files. Thanks, Juli From: John E. Radmer [mailto:JRadmer@meagher.com] Sent: Monday, June 29, 2015 1:10 PM To: Juli Johnson Subject: Eagan EEAC Juli: Well, it's official. We closed on our new house last Thursday and closed the sale on our old house Friday afternoon. As mentioned during our last workshop, our new house is in Apple Valley, so I need to resign from the EEAC. We really enjoyed living in Eagan for the last 9 years and hoped to stay, but we just couldn't find the perfect house in our price range to meet the needs of our growing family (Katie is due in less than one month!). It was a pleasure working with you on the EEAC and I'm certain the group will continue to do good things this year. Best, John ME A. H E EBF John E. Radmer I Partner Meagher & Geer, P.L.L.P. 33 South Sixth Street, Suite 4400 1 Minneapolis, Minnesota 55402 DIRECT: +1-612-347-91091 FAX: +1-612-877-3033 iradmerO.meagher.com I www.meagher.com 1 vCard I Bio Offices in Minnesota and Arizona NOTICE: The foregoing message (including all attachments) is covered by the Electronic Communications Privacy Act,18 U.S.C. Sections 2510-2521, is CONFIDENTIAL and may also be protected by ATTORNEY-CLIENT or other PRIVILEGE. If you are not the intended recipient of this message, you are hereby notified that any retention, dissemination, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you have received this message in error; then delete it. The U.S. Treasury Department requires us to advise you that this written advice is not intended or written by our firm to be used, and cannot be used by any taxpayer, for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Written advice from our firm relating to Federal tax matters may not, without our express written consent, be used in promoting, marketing or recommending any entity, investment plan or arrangement to any taxpayer, other than the recipient of the written advice. Thank you. Agenda Information Memo July 7, 2015, Eagan City Council Meeting CONSENT AGENDA W. Approve A Resolution To Accept A Multi -Event Partnership Donation For $6,500 For Eagan Streets Alive $5,000 and Eagan Market Fest $1,500 from The Urgency Room Action To Be Considered: To approve a resolution to accept a multi -event partnership donation from The Urgency Room of $6,500 for Eagan Streets Alive $5,000 and Eagan Market Fest $1,500 and direct the Mayor and City Clerk to sign the appropriate document. Facts: ➢ The Parks & Recreation Department hosts a number of community events at locations throughout the community that receive partnership support from various local organizations. ➢ Eagan Market Fest is operating its ninth season in 2015. o For Eagan Market Fest, a budgeted balance of $1,000 for partnerships remains thus an adjustment increase of $500 is necessary in budget code, 3061-4663 (contributions and donations) to reflect the $1,500 donation. ➢ Streets Alive is held on odd years with the location changing to highlight various parts of Eagan. The 2015 event will highlight the revitalized Cedar Grove District. o For Streets Alive, $2,000 was budgeted for partnerships thus an adjustment increase of $3,000 is necessary in budget code, 3079-4663 (contributions and donations) to reflect the $5,000 donation. Attachments: (1) CW -1 Resolution The Urgency Room Partnership CITY OF EAGAN RESOLUTION TO ACCEPT A CASH DONATION FROM THE URGENCY ROOM WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer partnership opportunities; and WHEREAS, The Urgency Room, has expressed an interest in partnering with Eagan Parks & Recreation to support the Eagan Streets Alive and Eagan Market Fest community events; and WHEREAS, The Urgency Room has offered to donate a total of $6,500 split $5,000 to Eagan Streets Alive and $1,500 to Eagan Market Fest to support these events; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $6,500 total cash donation from The Urgency Room to support Eagan Streets Alive at $5,000 and Eagan Market Fest at $1,500. Motion made by: Seconded by: Those in favor: Those against: Dated CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M. Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7th day of July, 2015. City Clerk Agenda Information Memo July 7, 2015, Eagan City Council Meeting CONSENT AGENDA X. AUTHORIZE the application of a grant from the National Farmer's Market Coalition's in the amount of $2,000 to fund Kid's Veggie Vouchers and activity supplies Action To Be Considered: Authorize the submission of a POP Club: Power of Produce Grant from the Farmers' Market Coalition for Eagan Market Fest. Facts: ➢ Eagan Market Fest is in its ninth year and provides value-added activities to promote the market and healthy, local access to produce. ➢ The Farmers' Market Coalition will award 75 grants. ➢ The POP Club grant empowers children to make healthy food choices by engaging them in educational activities at the farmers' market. Children's produce voucher funding and activity supplies are provided through the grant. Attachments: (0) Agenda Information Memo July 7, 2015, Eagan City Council Meeting CONSENT AGENDA Y. APPROVE a professional services agreement with Oertel Architects for services associated with Project No. 1206, Central Maintenance Facility Renovations Action To Be Considered: Approve a professional services agreement with Oertel Architects for services associated with Project No. 1206, Central Maintenance Facility Renovations, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The Central Maintenance Facility (CMF) and the River Valley Acres (RVA) sites provide all of the service and storage needs for the City of Eagan's maintenance operations. However, the CMF and RVA no longer effectively function to meet current work demands and expectations ➢ On June 9, 2015, at a Special Council workshop, the City Council directed that the CMF expansion move forward to the design stage of the project. ➢ A proposal from Oertel to prepare the plans and specifications for the proposed Phase I improvements of a CMF expansion, consisting of additional heated vehicle storage and equipment bays, enlarged and updated service bays, as well as a salt storage shed, and to serve as the architect for the project in cooperation with City staff has been received. ➢ City staff from the Parks & Recreation and Public Works Departments, as well as the City Attorney, have reviewed the contract proposal from Oertel for their services. The contract is being presented to the City Council for their favorable consideration of approving an agreement for such services. ➢ Oertel Architects's proposed maximum (not to exceed) fee for their services for the proposed Phase I improvements of a CMF expansion is $392,500. ➢ It is anticipated that Oertel will have an update for the City Council on this project in September. Attachments: (0) AIA Contract on File with City Clerk Agenda Information Memo July 7, 2015, Eagan City Council Meeting CONSENT AGENDA Z. APPROVE a professional services agreement with CNH Architects for services associated with Fire Station One Project. Action To Be Considered: Approve a professional services agreement with CNH Architects for services associated with Fire Station One. Facts: The long term plan for fire services for Eagan is to consolidate fire stations from a total of five stations to three stations. ➢ Part of the consolidation plans include building a new Fire Station One to replace the existing Fire Station One that was constructed in 1963. o Once the new Station One is complete, Fire Stations One, Three and Five would be consolidated in to the new centrally located fire station. o The location for the new fire station is at the southeast corner of the intersections of Blackhawk Road and Diffley Road on four acres of land owned by the City of Eagan. The City Council recently directed that staff could prepare a contract with CNH Architects for services associated with the Fire Station One project. ➢ The City Attorney has reviewed the contract from CNH for their services and it has been signed by CNH. ➢ CNH's proposed fee for their services is $298,100. ➢ It is anticipated that CNH will have an update for the City Council on this project in September. Attachments: (1) CZ -1 Summary of Services 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 June 17, 2015 SUMMARY OF ARCHITECTURAL SERVICES - EACAN FIRE STATION #I The following is a summary of the main architectural and engineering services that are outlined in the AIA Contract provided for this project. The services listed take the project from the current concept design stage through completion of the building and 12 -month warranty review. Part I - Schematic Design: This portion of the work is mostly completed in the Concept Design previously done under an earlier contract and credited to reduce our remaining fee. This work includes minor plans end elevation changes as well as updating the engineer's concept design work to match the revised smaller project. Services Provided: Our services will include the following: • Review of building design to compare to recently updated state codes. • Minor changes to preliminary floor plans as directed by Owner • Update civil engineering schematic plan with grading and utilities to fit new building layout. • Preliminary landscape plan • Preliminary structural framing system design • Mechanical and electrical system narrative update • Development of project master schedule setting timelines for each major phase and subtasks • Meetings with Owner as required Part II — Design Development: This portion of the work includes further development of the detailed elements of the building design. Services Provided: Our services will include the following: • Development of exterior elevation details • Interior millwork and interior elevations • Interior and exterior material selection • Preliminary mechanical / electrical system design • Sizing of major structural elements • Typical wall section showing basic construction systems selected for building • Coordinate Owner provided equipment requirements with building design • Update construction cost estimate • Meetings with Owner as required including presentations to City Council P:\PROJECTS\2015\15046\CONTRACTS\ARCH & OWNER\SUMMARY OF A-E SERVICES.DOCX Part III - Construction Documents: This portion of the work includes providing a set of drawings and specifications for bidding, construction and approvals by governmental permitting authorities. Services Provided: Our services will include the following: • Structural design, final drawings and details • Landscape design, final drawings and details • Civil design, final drawings and details • Mechanical / electrical final drawings and details • Fire suppression system concept drawings and details • Site plan and details • Overall and enlarged floor plans • Building and wall sections, details • Interior elevations • Millwork and other interior details • Training feature details • Room and door schedules • Door, window and wall types • Roof plan and details • Final review of building codes • Project specifications • Meetings with Owner as required including presentations to City Council Part IV - Bidding: This portion of the work includes support of the bidding process. Services Provided: Our services will include the following: • Distribute bidding documents electronically including hosting project website • Answer bidder questions • Write addenda if required • Review product substitution requests • Review bid results with Client • Make bid recommendations to City Council Part V - Construction Administration: This portion of the work includes providing support and review of the construction process and documents throughout the construction period. Services Provided: Our services will include the following: • Weekly site review and client construction meetings • Shop drawing review for conformance with specifications and design intent • Monthly pay application review • Preparation of construction administration documents as needed (Supplemental Information, Proposal Requests, and Change Orders) P:\PROJECTS\2015\15046\CONTRACTS\ARCH & OWNER\SUMMARY OF A-E SERVICES.DOCX • Answer contractor questions (Request for Information) • Final punchlist review • Review of project closeout documents • Construction administration services listed above by the Structural Engineer, Landscape Architect, Civil Engineer, Mechanical and Electrical Engineers. • Twelve month warranty review If you have any questions about the services for this project, please let me know. Thank you for the opportunity to work to together on this project for the City of Eagan and the Eagan Fire Department. CNH Architects and our consulting engineers look forward to continuing to work on this new fire station. Best Regards, 6Z �-4t�- Quinn Hutson, AIA, LEED AP Principal CNH Architects P:\PROJECTS\2015\15046\CONTRACTS\ARCH & OWNER\SUMMARY OF A-E SERVICES.DOCX Agenda Information Memo July 7, 2015, Eagan City Council Meeting CONSENT AGENDA AA. AUTHORIZE preparation of plans and specifications for Project No. 1206, Central Maintenance Facility Renovations Action To Be Considered: Authorize preparation of plans and specifications for Project No. 1206, Central Maintenance Facility Renovations. Facts: ➢ The Central Maintenance Facility (CMF) and the River Valley Acres (RVA) sites provide all of the service and storage needs for the City of Eagan's maintenance operations. However, the CMF and RVA no longer effectively function to meet current work demands and expectations ➢ In 1985, the original CMF was constructed. It was expanded in 1989 and a cold storage building was built in 1993. The City acquired additional property from Blue Cross Blue Shield west of the CMF in 2003. These expansions were part of a planned phased development for the City's operations and maintenance facility. ➢ In 2014, City staff worked with a consulting architect to determine the most effective options for the final expansion and required upgrades to the CMF. Comparisons of existing space for specific tasks were contrasted with industry standards to help determine realistic needs. City staff reviewed a number of proposed options to ensure practical operations and compliance with current regulations were included. The architect also facilitated discussion of plans for enhanced use of the RVA site. ➢ On June 9, 2015, at a Special Council workshop, the City Council directed that the CMF expansion move forward to the design stage of the project. ➢ The proposed improvements are Phase I of a CMF expansion and consist of additional heated vehicle storage and equipment bays, enlarged and updated service bays, as well as a salt storage shed. A contract with Oertel Architects is included on the agenda for services to complete the plans and specifications for the Central Maintenance Facility Renovations and to serve as the architect for the project in cooperation with City staff. Attachments: (0) Agenda Information Memo July 7, 2015, Eagan City Council Meeting CONSENT AGENDA 1313. Appoint fiscal services consultants Action to be Considered: To appoint both Ehlers and Northland Securities as fiscal services consultants for development/redevelopment advisory services. Facts: In April, a Request for Statement of Qualifications for Fiscal Services related to development and redevelopment advising was sent to four firms: o Ehlers (currently providing development/redevelopment advisory services to the City) o Springsted (currently providing bond and financial planning advisory services to the City) o Northland Securities o The PFM Group ➢ The City will issue a similar Request for Statement of Qualifications in 2016 for financial planning and bond issuance services. ➢ The Selection Committee was comprised of Administrator Osberg, Community Development Director Hohenstein, Finance Director Pepper and Assistant Finance Director Feldman. ➢ All four firms responded to the request, and all four were subsequently invited to present to the Selection Committee and respond to interview questions in June. It is the recommendation of the Selection Committee to appoint both Ehlers and Northland Securities to the pool of consultants for development/redevelopment advisory services. Attachments: (0) Agenda Information Memo July 7, 2015 Eagan City Council Meeting CONSENT AGENDA CC. AUTHORIZE preparation of plans and specifications for the Fire Station One Project Action To Be Considered: Authorize preparing plans and specifications for the Fire Station One Project. Facts: ➢ The long term plan for fire services for Eagan is to consolidate fire stations from a total of five stations to three stations. ➢ Part of the consolidation plans include building a new Fire Station One to replace the existing Fire Station One that was constructed in 1963. o Once the new Station One is complete, Fire Stations One, Three and Five would be consolidated in to the new centrally located fire station. o The location for the new fire station is at the southeast corner of the intersections of Blackhawk Road and Diffley Road on four acres of land owned by the City of Eagan. ➢ The City Council recently directed that the project could move forward to the design stage of the project. ➢ The proposal from CNH Architects would authorize the firm to prepare plans and specifications for the new Fire Station One and to serve as the architect for the project in cooperation with City staff. ➢ It is anticipated that CNH will have an update for the City Council on this project in September. ➢ The City Attorney has reviewed the contract from CNH for their services and is available for review if requested. Attachments: (0) Agenda Information Memo July 7, 2015 Eagan City Council Meeting DD. Approve AccessEagan Non -Exclusive Access and Use Agreement With OneNet USA Action To Be Considered: Approve Access Eagan non-exclusive Access and Use Agreement with The IP Guys.net LLC dba OneNet USA and authorize the Mayor and Clerk to sign; and further authorize the Director of Communications or IT Manager to execute all necessary work and pricing schedules to implement the subsequent fiber connections with the concurrence of the City Attorney. Facts: ➢ With approval, OneNet USA will become the sixth providers to come onto the AccessEagan wholesale fiber network. ➢ Since 2013, the Eagan City Council approved similar contracts with Frontier Communications, Arvig Enterprises, Velocity Telephone, Inc., Granite Telecommunications and Enventis Corporation. ➢ OneNet USA is a communications solutions provider offering integrated network solutions for voice, data, internet and mobile business solutions. ➢ Since 1995, OneNet USA, based in Edina, has provided customers best -in -class IT solutions tailored to their specific needs. ➢ The 17 -mile AccessEagan network was cited as a major reason DataBank chose to locate its new data center in Eagan, and its providers currently serves customers in the new Twin Cities Premium Outlets. The network offers business connectivity and fully scalable high speed bandwidth up to 10 Gag connections throughout the central portions of Eagan. The network is open access, meaning the fiber infrastructure is available to any telecommunications provider wishing to serve Eagan businesses and agreeing to the terms and conditions for use of the network. ➢ It is important to note that to avoid market delays, the agreement provides that subsequent work and pricing scheduled may be approved by identified City Staff with concurrence of the City Attorney. Attachments: (0) ➢ Due to the length of the Access & Use Agreement, the master agreement is on file with City Clerk. Agenda Information Memo July 7, 2015, Eagan City Council Meeting CONSENT AGENDA EE. Approve a Memorandum of Understanding with Qwest Corporation d/b/a CenturyLink QC ("CenturyLink") and the City of Eagan Action To Be Considered: To approve the Memorandum of Understanding with Qwest Corporation doing business as Centurylink QC and the City of Eagan related to the installation of fiber optic facilities in the Right -of -Way. Facts: ➢ CenturyLink desires to make Eagan, MN only the second city in the United States to have its new Apical technology deployed for fiber to the home for Gigabit -level speeds. ➢ It has long been a City council priority to encourage fiber optic access and "state of the art broadband service in the City of Eagan. ➢ The Public Works Committee of the City Council has met and recommends approval of the attached Memorandum of Understanding noting that the MOU contains what it believes to be appropriate protections for the City's infrastructure, and continued use of public rights of way on a competitively neutral basis. ➢ The MOU with Centurylink deployment represents the first approach the City has had by a private provider desiring to install fiber to the home at its own expense to extensive areas within Eagan and, if successful, to continue that build out. ➢ Based on successful analytical results from a previous trial -installation in Eagan in 2014, and utilizing its innovative technology, Centurylink wants to initiate a significantly wider -scale installation. ➢ CenturyLink has shared extensive technical analysis of its proprietary methods and materials sufficient for staff and the Public Works Committee to recommend allowing its deployment now. However, because the deployment represents a new type of construction method involving micro -milling in the street, the Public Works Committee recommends securing an independent expert, as need be, to recommend the appropriate final standards to include in a subsequent City Code update and to verify that the construction practices and standards utilized in micro -milling adequately protects the City's investment in its roadways. ➢ CenturyLink has agreed to establish an escrow account in the amount of $10,000 to reimburse the City for independent consultant expenses should they arise. Attachments: (1) CEE-1 Draft of the MOU as reviewed by the Public Works Committee. Due to the July 4 holiday, and remaining work by attorneys on the escrow clause, a final version of the MOU will be provided to the City Council prior to its July 7 meeting. All other terms are as stated. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made as of the _ day of , 2015 by and between Qwest Corporation dba CenturyLink QC ("CenturyLink") and the City of Eagan, Minnesota ("City"). RECITALS 1. CenturyLink has announced plans to supplement its fiber network in the City in an effort to improve Internet access and foster new -high speed applications through broadband Internet services. 2. CenturyLink desires to design, incrementally construct, install and maintain a fiber network within the City to provide, among other services, a broadband Internet service offering upload and download speeds of up to 1 Gbps ("Gigabit Network"). 3. City desires to permit the lawful use of the City's public rights-of-way to allow telecommunications providers to install and improve telecommunications infrastructure which will provide benefits to the City's residents and businesses. 4. City recognizes that improved access to high-speed Internet services is a key infrastructure improvement for the City and its citizens for the 21 st century. 5. CenturyLink holds a Certificate of Need and Convenience from the Minnesota Public Utilities Commission to provide telecommunications services and possesses authority under Minnesota State law to utilize the City's public rights-of-way to install telecommunications facilities in accordance with the City code and other applicable laws. 6. CenturyLink has proposed a new type of facility installation in the right-of-way, generally referred to as Micro -Milling which will require amendments to the City Code to accommodate certain construction applications and right-of-way occupation. 7. The City desires to allow the use of Micro -Milling (described herein) in a manner that will not adversely impact other right-of-way users, result in a discriminatory impact on other right-of-way users or result in a barrier to entry for any other qualified telecommunications providers. 8. Due to the short construction season in Minnesota and CenturyLink's desire to immediately commence installation of certain telecommunications facilities using Micro -Milling, the City has agreed to enter into this MOU with the understanding that amendments to the City code will be implemented as soon as reasonably possible that will govern the use of this same type of facility installation by any qualified telecommunications provider or right-of-way user. 9. The City and CenturyLink have agreed to reference CenturyLink's Gigabit Network and 1 Gbps service in this MOU solely for context purposes, recognizing that the City has jurisdiction over its rights-of- way, but has only such authority over the provision of telecommunications services as permitted by applicable law. NOW, THEREFORE, the Parties agree as follows: Section 1. Network Design and Construction. This MOU shall apply only to facilities constructed in the rights of way related to CenturyLink's Gigabit Network. CenturyLink will comply with the City code for all other construction practices in the City and nothing herein shall waive any rights of the City to fully enforce the City code. In constructing its Gigabit Network, CenturyLink shall be entitled to use CenturyLink's proprietary Micro -Milling systems in accordance with the terms of this MOU and subject to 2870830v4 final permit approval from the City for each specific installation which approval shall be handled consistent with the City's normal individual or bulk permitting practices and shall not be unreasonably delayed. This section applies to the allowance of underground facilities used to construct the Gigabit Network. Section 2. Specific Process/Procedures for construction and installation of the Gigabit Network. In connection with the construction and installation of CenturyLink's Gigabit Network, CenturyLink agrees to work cooperatively with the City to avoid any adverse impacts to City streets. The following process/procedures apply to the construction and installation of CenturyLink's Gigabit Network: a. Permit Submittal: CenturyLink shall be allowed to submit a permit application electronically via Email, with the contingency that lawfully imposed fees are paid in advance and that required plans and other documents must accompany the application. Permits for this application will be issued only to CenturyLink, and will not be issued directly to contractors or other agents of CenturyLink. b. Response Medium: The City may grant or deny the permit application electronically via Email. Any denial shall contain sufficient detail to allow CenturyLink to correct the cause and provide a reasonable time period for resubmittal. C. Permit Duration: 180 days maximum or as otherwise agreed to by the Parties. Permits which are not closed within the allotted time period will be subject to resubmittal in accordance with standard procedures and fees. d. Applicable Permit Area: The City agrees to issue permits based on a neighborhood or subdivision (i.e. bulk permitting). The City will define the process and establish fees in a separate document. e. Response Time: The City shall respond to CenturyLink's bulk permit application within 20 calendar days of submittal. f. Permit Communication: The City will work with CenturyLink in assigning a single point of contact within the City with respect to the permits addressed in this section. g. Traffic Control Plans: Standard City traffic control plans may apply to the permit area. However, due to the nature of the construction process listed in this MOU, standard traffic control plans may not be necessary. As such, the City will work with CenturyLink to make appropriate modifications when necessary. h. Inspections: The City agrees to work with CenturyLink to expeditiously inspect facilities constructed for the Gigabit Network. Due to the nature of the special construction process used, the City will work with CenturyLink to define the appropriate methods of inspection and review of final work. However, CenturyLink shall follow standard inspection procedures regarding the scheduling of inspections. Section 3. Construction Methods. In addition to any construction process that may be permitted by City Code and this MOU, CenturyLink may use their Micro -Milling solution for construction of the Gigabit Network as described herein. Further, the City and CenturyLink agree that they will meet to discuss additional construction processes and methodologies that may be used in the future. a. For Micro -Milling, CenturyLink will use fiber optic cable and/or micro -duct with a slot no less than 3" below the top of the existing asphalt pavement and no greater than 2" below the bottom of the existing asphalt pavement. The Micro -Milling will be no wider than 1-1/4" without approval by the appropriate City entity. The Micro -Milling will be placed 12" (+/- 4") from the curb/road surface joint. Micro -Milling installations will be allowed in sidewalk, curb, gutter, valley gutter, and driveway areas. Cutting System must be able to cut a 20ft per minute and have the ability to adjust blade depths over curbs and other road construction to maintain a constant depth 2870830x4 for cut. None of the referenced installation methodologies will be allowed to pass parallel within a designated bike lane, or less than 6" outside of the bike lane boundaries. However, the referenced installation methodologies may past perpendicularly (-90 Degrees) through a designated bike path. b. Micro -Milling is a fiber plant construction process whereby a milled slot is formed in the roadway surface with one or more communication lines/micro-ducts positioned in the milled slot, and backfilled with a material that restores the asphalt to its original strength. A capping material is disposed at least partially in the groove and with overbanding to protect the system from surface impacts such as snow plows and other common events. The system is placed in the asphalt rather than below the road bed. Section 4. Micro -Milling backfill methods. A structural backfill material approval by the City will be placed to within 1/2" of the asphalt road top surface. The structural backfill will also be topped with a protective top coat the will be approximately %2" deep in the micro -milled slot with a 2" to 3" overband that is approximately 1/8" in height above the existing asphalt road surface. Reasonable aesthetic concerns will be addressed by CenturyLink, and CenturyLink will ensure that overbanding patch material is near flush to the pavement surface. The backfill materials used will provide an expected 20 -yr life cycle for the Micro -Milling solution and will for all practical purposes restore the asphalt road to its original strength or better. The visual top coat/overbanding material has an expected life cycle of >8 -years and will require some maintenance during this period due to mechanical impacts such as snow blades, etc. Section 5. Testing Requirements. All backfill materials will be independently tested in accordance with the following Standards. This testing is required to gain approval from the City for use of the structural backfill material selected by demonstrating the ability to the system to meet or exceed ASHTO and/or DOT standards. The following testing methods shall serve as a basis for demonstrating to the City the suitability of back fill material used: a. ASTM D 638 - Standard test method for tensile properties of plastics. b. Cyclic H-20 Load Testing - This test mimics incidental H-20 traffic loading. C. ASTM C 666 - Wet Freeze Thaw Cycle Testing. d. Hamburq Wheel Tracking Test (HWTT) - A multifunctional loaded wheel tester used for evaluating rutting, fatigue cracking, and moisture susceptibility of both hot and cold asphalt mixes. e. ASTM D 1833 California Bearing Ratio (CBR) - A test where a compressive load is applied to the asphalt road surface with the backfill material in place. f. Modified ASTM D 952 Cohesion/Bonding - ASTM D 952 is a standard test method for bond or cohesive strength of sheet plastics and electrical insulation materials. g. Modified ASTM D 143 Bendinq of Backfill Material with Fiber Optic Cable in-situ - ASTM D 143 is a test method to evaluate the different mechanical and physical properties for small clear specimens. h. Modified ASTM D 873M Compression Test of Backfill material - ASTM D 873M is a standard test method for compressive strength of concrete/asphalt cylinders cast in place in cylindrical molds. L Temperature Profile in the Backfill material Encapsulation / Apical Fiber Project - This test will determine the insulating effect of backfill material on an encapsulated fiber. 2870830v4 j. Numerical Evaluation of Thermal & Mechanical Loads on Selected Components in the Apical Fiber Deployment System - Numerical simulation is performed using the commercial finite element model ANS YS with a steady-state analysis option. k. ASTM D 412/ISO37 - Standard Test Methods for Vulcanized Rubber and Thermoplastic Elastomers. I. ASTM D 2240-05 (2010) - Standard Test Method for Rubber Property — Durometer Hardness. Section 6. Restoration. In the event of damage to facilities in the rights of way related to CenturyLink's Gigabit Network, CenturyLink will at all times comply with Section 7.06 of the City code, specifically subd. 12, regarding Public Right -Of -Way Restoration. Section 7. Traffic Control Facilities. CenturyLink does not expect to cut traffic facilities in the installation, but if any damage does occur, CenturyLink will be responsible for repairing the facilities in accordance with the City code. Section 8. Electronic location. Facilities in the rights of way related to CenturyLink's Gigabit Network will contain a locate wire or other systems to locate such facilities. Section 9. Unless otherwise agreed to by the Public Works Director, this construction method will not be used in streets where major construction activity is planned within the next five (5) years. The City will work with the CenturyLink to identify and coordinate construction of the Micro -Milling fiber plant with the Cities road repair and other affected public works as to determine the deferred time frame for construction of the CenturyLink's Gigabit Network. The City will work with CenturyLink to place CenturyLink's Gigabit Network at these deferred locations as the civil/public works is taking place as part of the construction process. Section 10. Where CenturyLink installs facilities pursuant to Micro -Milling as permitted by this MOU, it will work with the Gopher State One -Call Center to develop a distinct marking for Micro -Milling facilities and to provide appropriate training on locating techniques for the Micro -Milling system. Section 11. The parties acknowledge and agree that applicable law generally requires the City to manage the public rights-of-way on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis. Further the City is not permitted to impose regulations or requirements which may prohibit, or have the effect of prohibiting, the ability of any entity to provide any interstate or intrastate telecommunications service. Therefore CenturyLink and the City agree that nothing in this MOU is intended to prevent any other telecommunications providers from using the City's rights-of-way or create a barrier to entry for any other telecommunication provider. If the City or a court or regulatory authority of appropriate jurisdiction determines otherwise, the parties agree to modify the terms of this MOU to comply with applicable law. The City reserves the right to withhold future permit approvals if CenturyLink should fail to comply with this obligation. Section 12. Miscellaneous. a. This MOU shall be governed in all respects by the laws of the State of Minnesota. The provisions of this MOU shall be liberally construed to promote the public interest. C. CenturyLink shall be responsible for the actions or inactions of its contractors and subcontractors and the terms of this MOU shall apply to CenturyLink's contractors and subcontractors. d. This MOU may be amended at any time by written agreement between the parties. Once the City amends the code to incorporate the construction and right-of-way standards set forth 2870830x4 herein, any inconsistent terms set forth in this MOU shall be of no force and effect and the Parties shall be governed by the City code. e. CenturyLink shall not have any monetary recourse against City or its officials, boards, commissions, agents or employees for any loss, costs, expenses or damages arising out of any provision or requirement of this MOU or the enforcement thereof, in accordance with the provisions of applicable federal, state and local law. The rights of the City and CenturyLink under this MOU are in addition to, and shall not be read to limit, any rights or immunities the City or CenturyLink may enjoy under federal, state or local law. IN WITNESS WHEREOF, the Parties hereto have set their hands the day and year set forth below. ATTEST: By: ACCEPTED AND AGREED TO: SWORN TO BEFORE ME this _ day of 12015. 10161UTZAWO time] 2870830v4 CITY OF EAGAN, MINNESOTA a Municipal Corporation By: Its: QWEST CORPORATION By: Its: Agenda Information Memo July 7, 2015 Eagan City Council Meeting 12111 151;LAT:,W0110 A. Tesseract Addition Easement Vacation Tesseract Place Right -of -Way Vacation Action To Be Considered: Close the public hearing to vacate public easements on Outlot A & Lot 1, Block 1, Tesseract Addition, and to vacate Tesseract Place public right-of-way, and continue action to coincide with future City Council consideration of the Tesseract 2nd Addition final plat. Facts: ➢ On May 20, 2015, City staff received a petition from Anthony Adams of Ryan Companies, representing MN Autism Center, requesting the vacation of existing drainage and utility easements on Tesseract Addition and the public right-of-way of Tesseract Place, south of Silver Bell Road and north of Trunk Highway 13, in northwest Eagan. ➢ The purpose of the request is to allow the recording of a final plat of the properties for the proposed MN Autism Center expansion (Tesseract 2nd Addition). ➢ The final plat for the MN Autism Center (Tesseract 2nd Addition) will address and incorporate all necessary public drainage and utility easements on this property. ➢ The approval of the plat for the MN Autism Center (Tesseract 2nd Addition) will be scheduled for Council consideration at a future City Council meeting. ➢ Notices have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. No objections have been received to date. This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action to coincide with consideration of the MN Autism Center (Tesseract 2nd Addition). Attachments (2) PHA -1 Location Map PHA -2 Legal Description Graphic L1USERS\ENGINEER\Ease Vacation Graphics\Tesseract.mA GAEasement Vacations\Graphics\Tesseract.pdf Proposed light-of-Way and Drainage + & Utility Easement Vacation City flap Tesseract Addition EXHIBIT A J 50 L I� NORTH LINE OF THE NW 1/4, NE 114,WC. 19, TWP. 27, R. 23 • SILVER BELL ROAD S 8905648" E 952.71 STREET VACATION To vacate that part of Tesseract Place as dedicated on the plat of Tesseract Addition, Dakota County, Minnesota recorded as document number 1433294 which lies South of a line drawn from the northwest corner of Lot 1, Block 1, said Tesseract Addition to the northeast corner of Outlot A said Tesseract Addition. �LH4J CULH t b et w� 7� o m toe Ij7]i Lys Cid 1 ® t++ d0 00 U �y 8 Q �a CP 111 ,"'� rl � pHU � H 30VId 10�13S 331 1�! c� O O Aad O iFs L VI N � 5 ------------------- EXHIBIT D -------------- I NORTH l/•4 CORNER Of 5PC. 19, TWP. 27, 9, 23 NORTH LINE OF THE' NE 1/4, NW m I i - aluminum monument found) _.y. U4, SEC, 19`TWP. 2. . . S 88°98'49" E 906.20 �o ICP a 2 0 66 a �® -C 1 oCID 1 S w 1 �L a n C 1 ` Y 1 l 'l 4 7T -r<r-._._,_._._._._._,-.-------- _._._._._. SILVER �Q BELL ROAD C0 Q I To vacate that part of the utility easement recorded as document numbers 222193 and 104083 contained within that part of the Northeast Quarter of the Northwest Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota lying Easterly of Old Cedar Avenue (now known as Nichols Road) Agenda Information Memo July 7, 2015, Eagan City Council Meeting NEW BUSINESS A. Comprehensive Guide Plan Amendment & Rezoning— Wyatt Sharing & Caring, LLC Actions To Be Considered: To approve a Comprehensive Guide Plan Amendment from Special Area/Office Service to Special Area/Limited Industrial for approximately 33 acres located at 3430 Highway 55 . To approve a Rezoning from A, Agriculture to 1-1, Limited Industrial for approximately 33 acres located at 3430 Highway 55 . Required Vote For Approval: Majority of members present Facts: ➢ The 33 acre site is zoned Agriculture and undeveloped. ➢ On February 3, 2015, the City Council directed staff to submit the amendment to the Met Council. ➢ In April 2015 the Met Council informed staff that they were waiving any further review and action and that the City may place the amendment into effect. ➢ The requested rezoning to 1-1 is consistent with the pending Comprehensive Guide Plan Amendment to Limited Industrial. The Advisory Planning Commission held a Public Hearing on the proposed rezoning on June 23, 2015 and did recommend approval. Issues: None 60 -Day Agency Action Deadline: July 18, 2015 Attachments: (4) NBA -1 Location Map NBA -2 Draft June 23, 2015 APC Meeting Minutes NBA -3 February 3, 2015 City Council Minutes NBA -4 Planning Report 0 091- c �L U c ca c LO U) L6 O Cr C) 'E N N N i E a) N Co z .i-; O U N Z N � N N cN6 by 9 <1Z M IL a Advisory Planning Commission May 28, 2013 Page 2 of 2 B. Wyatt Sharing and Caring Applicant Name: Peter Deanovic, Wyatt Sharing & Caring LLC Location: 510 Lone Oak Rd; Lot 1, Block 1, Gift of Mary Application: Rezoning A Rezoning of approximately 33 acres from A, Agriculture to 1-1, Limited Industrial. File Number: 12-RZ-01-05-15 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated June 11, 2015. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Piper moved, Member Weimert seconded a motion to recommend approval of A Rezoning of approximately 33 acres from A, Agriculture to 1-1, Limited Industrial, subject to the following conditions: All voted in favor. Motion carried 7-0. V. OTHER BUSINESS VI. ADJOURNMENT Member Piper moved, Member Dierkes seconded a motion to adjourn the Advisory Planning Commission meeting at 6:36 p.m. A vote was taken. All voted in favor. Motion carried 7-0. Respectfully Submitted by: Dan Piper APC Secretary City Council Meeting Minutes February 3, 2015 5 page NEW BUSINESS Comprehensive Guide Plan Amendment — Wyatt Sharing and Caring / Jim Deanovic — Comprehensive Guide Plan Amendment from OS, Office Service to IND, Limited Industrial located on Lot 1, Block 1, Give of Mary City Administrator Osberg introduced the item noting the action is considering a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Special Area/Office Service to Special Area/Limited Industrial for approximately 33 acres located at 3430 Highway 55. City Planner Ridley gave a staff report. Gary Tushie, Tushie Montgomery Architects and Jim Deanovic, the applicant, were available for questions. Mayor Maguire opened the public comment. John Cina, 3400 Highway 55, address the Council with his concern regarding zoning. There being no further public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Special Area/Office Service to Special Area/Limited Industrial for approximately 33 acres located at 3430 Highway 55. Aye: 5 Nay: 0 The City Council took a 10 minute break. Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development And Preliminary Subdivision — Central Park Commons/CSM Eagan, LLC City Administrator Osberg introduced the item noting in October 2013, CSM Eagan submitted a revised development proposal and requests for rezoning, preliminary planned development and preliminary subdivision. The 2013 proposal was received by the APC on October 22, 2013. The proposal was reviewed and discussed by the City Council at the January 14, 2014 Council workshop, without any action being taken. Osberg noted the proposal was later withdrawn by the applicant prior to any action by the Council at a regular meeting. City Planner Ridley gave a staff report. Attorney Peter Coyle, representing CSM, provided background information and summarized the positive impacts the proposed development would provide the City and how the proposal was consistent with the goals and policies for the area. John Johannson, also representing CSM, introduced the development team and provided general information relative to the planned site demolition and the recycling and re -use of materials generated from the building. He also gave a presentation of the preliminary site plan. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 11, 2015 APPLICANT: Wyatt Sharing & Caring, LLC PROPERTY OWNER: Same REQUEST: Rezoning LOCATION: 3430 Highway 55 CASE: 12-RZ-01-05-15 HEARING DATE: June 23, 2015 APPLICATION DATE: May 20, 2015 PREPARED BY: Michael J. Ridley, AICP COMPREHENSIVE PLAN: SA-O/S, Special Area-Office/Service ZONING: A, Agriculture SUMMARY OF REQUEST The applicant is requesting a Rezoning from A, Agriculture to I-1, Limited Industrial for approximately 33 acres platted as Lot 1, Block 1, Gift of Mary, located at 3430 Highway 55 in the NE'/4 of Section 12. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY Zonin Hg istorX — The subject property is currently zoned Agricultural. A PD zoning was adopted in 2002 with approval of development plans for a mixed use project consisting of a school, community center, and athletic fields with on-site housing. The property was platted as a single parcel at that time, consolidating multiple parcels into one. However, the planned mixed use development did not come to fruition and upon expiration of the Planned Development Agreement in 2008 the City initiated and implemented a rezoning back to Agriculture. Planning Report — Wyatt Sharing & Caring, LLC June 23, 2015 Page 2 Comprehensive Land Use Guide Plan— In January of this year, the applicant requested a Comprehensive Guide Plan Amendment to change the land use designation from Office/Service to Industrial; the APC Recommended approval and, at their meeting of February 3, 2015, the City Council directed staff to submit the amendment to the Met Council. In April 2015 the Met Council informed staff that they were waiving any further review and action and that the City may place the amendment into effect. City Council action on the amendment will occur in conjunction with their action on this rezoning request. Ryland Homes had submitted a Comprehensive Guide Plan Amendment application in 2014 requesting to change the land use designation from O/S — Office/Service to LD — Low Density Residential. The Advisory Planning Commission recommended denial of that application on October 28, 2014. The applicant subsequently withdrew the application before the request went before the City Council. Surrounding Area — The site is bounded on the north by Lone Oak Road and to the south by Hwy. 55, effectively separating this site from adjoining development to the north and south. South of Hwy. 55 is single-family residential development. The property to the north of Lone Oak Road contains some office uses and some vacant land. To the west is rural residential development consisting of single-family homes on large lots, zoned Agricultural and guided Special Area - Office/Service. The east boundary of the site is also the municipal boundary between Eagan and Inver Grove Heights. The property in IGH is zoned Agricultural and Limited Industrial, and is guided Low -Medium Density Residential and Industrial Office Park. EXISTING CONDITIONS The land is wooded with gently rolling topography with areas of steep slopes, and contains some wetland areas. The site has a topographical change of over 90 feet. The northern one-third of the site generally slopes to the north and the southern two-thirds slopes to the south. An abandoned gas pipeline runs though the property from the northwest to the southeast. Access to the site is provided from both Lone Oak Road and a frontage road/Highway 55. EVALUATION OF REQUEST Description of Proposal — The application is requesting a rezoning to I-1. The Concept Development Plan illustrates a configuration of three office/warehouse buildings. Two buildings would be accessed from the north via Lone Oak Road, across from Ames Crossing and the largest of the three buildings would be accessed from Highway 55 via the existing frontage road. As mentioned previously, the subject site is a platted lot; a subdivision of the parcel will have to occur to allow more than one building to be constructed. Compatibility with Surrounding — Given the mix of uses and the long-range land use plans in the general area, the proposed I-1 zoning does not appear to be out of character. Planning Report — Wyatt Sharing & Caring, LLC June 23, 2015 Page 3 Topography/Grading — There are large variations in topography, and elevations range from 818 in the southeast corner to 910 in the east -central portion of the site. The northern one-third of the site generally slopes to the northwest and the southern two-thirds slopes to the south. The middle one-third has the steepest slopes with grades up to 17%. Significant retaining walls may be necessary near the center of the site to flatten out building pads and parking lots. The majority of the site would be disturbed for the installation of utilities, parking lots, building pads, and storm water features. Storm Drainage — The entire site lies within Drainage District G (as designated in the City Storm Water Management Plan — 2007). Currently, the northern portion drains to the northwest, then enters a swale and is directed to the southwest toward City pond GP -3, located approximately 350 feet west of the site on the north side of Highway 55. The southern portion currently flows to the south and enters both City ponds GP -3 and GP -3.5. The developer intends to construct a storm sewer system and multiple stormwater retention ponds and infiltration basins to accommodate the storm water runoff. There are at least five wetlands on site. In accordance with City Code §11.67, a Certified Wetland Delineator will need to prepare a delineation and assessment (via MNRAM) report for the wetlands. Any development will need to be in accordance with the State Wetlands Conservation Act, will be subject to the codified post -construction storm water requirements for storm water volume and pollutant control, and to MN Department of Transportation storm water permit requirements for discharge to TH 55 right-of-way. Water Quality — Any development will need to comply with Stormwater Management Regulations (City Code §4.34) for stormwater management and surface water quality. These regulations include: design standards for volume control and reduction; total phosphorus control; total suspended solids control; oil and grease control; and runoff rate control — performance standards. They also provide for: minimization of impervious surface area and maximization of infiltration and retention; acceptable complementary stormwater treatments; pond requirements; regional ponding; and maintenance of private stormwater facilities. Utilities — Trunk and lateral water main and lateral sanitary sewer of sufficient size, depth, and capacity is available for connection and extension with development of the property. Sanitary sewer District N, as designated in the City's Comprehensive Sanitary Sewer Plan, serves the entire site. Sewer is available at the southwest corner, and water main is available at the northwest and southwest corners of the site. The water main should be extended from TH 55 to Lone Oak Road, and be constructed to City standards for public water main and covered with public drainage & utility easement. Water and/or sewer may need to be extended to the west property line to be made available for future development. The water main and sanitary sewer may need to be extended to the east property line if requested by Inver Grove Heights. A utility extension to a municipal boundary is typically financed by the requesting party. Planning Report — Wyatt Sharing & Caring, LLC June 23, 2015 Paee 4 All well and septic systems within the development will be abandoned in accordance with City and County standards. Any existing houses proposed to remain within the development will be connected to City sewer and water service at time of its availability. Streets/Access/Transportation — Public street access is available via Lone Oak Road (CSAH 26) (a two-lane, undivided, minor arterial roadway) to the north, and a frontage road connecting to Trunk Highway 55 (a four -lane divided highway) to the south (as outlined in the Trunk Highway 55 Access Management Plan, approved by the City Council and Mn/DOT in June of 1999). The end of the frontage road will require a cul-de-sac. The northern entrance should be designed to accommodate a potential future public frontage road along Lone Oak Road. Any development of this site should consider an internal north/south connection between Lone Oak Road and the frontage road to the south as it is possible Mn/DOT could restrict access by extending the median at the TH 55 intersection in the future. Easements/ Right -of -Way — Sufficient right-of-way was previously dedicated for Lone Oak Road and TH 55. There is a 40 foot gas pipeline easement running from the west -central portion of the site to the southeast corner of the site. This pipeline has been abandoned and the applicant can work with the gas company to remove the pipe and vacate the easement, if they choose. SUMMARY/CONCLUSION The application is requesting a rezoning to from Ag to I-1. The Concept Development Plan illustrates a configuration of three office/warehouse buildings. Two buildings would be accessed from the north via Lone Oak Road, across from Ames Crossing and the largest of the three buildings would be accessed from Highway 55 via the existing frontage road. The subject site is a platted lot; a subdivision of the parcel will have to occur to allow more than one building to be constructed. In April 2015 the Met Council informed staff that they were waiving any further review and action and that the City may place the amendment from Office/Service to Industrial into effect. City Council action on the amendment will occur in conjunction with their consideration of this rezoning request. ACTIONS TO BE CONSIDERED To recommend approval of a Rezoning from A, Agriculture to I-1, Limited Industrial for approximately 33 acres located at 3430 Highway 55 in the NE'/4 of Section 12. c �L i LLO o W Cl) (n LO i N Q W f0 ■ ® yr O O a f a 'c N N®.o®� 0¢.. m a U E N N `® ami®i v ry z e- O e. 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A mere°e PA DEVELOPMfM,. 1e 4/11/1991, xm e/5/199r, n. n14372sz1[�d!: ainhe;;�atsxl9nwpr N> set /1999, °, 9«nmem Ill s/I me s°umii FLOOD ]n NOT NF F ° w., w0• e ° 10 ee nh s 1011 90.40N/GF/YYAYN( /�OiTJ�TT L+,N� o5ssj99 y y Gn°m o° Yjn. l w,d I I veemenl, ae shown en Ine P14 0 on o1 o IJ ewyi wly a h<vlee h °° ere° vl m. n1 y 10 xu s v[nuc uc µN 61 17VSLVIUHYRTINGIG 19 y� v1 Americo h 11 a , qn i <d .1 x HA (nv apeal°i Avvd nomea vrec-vA zine°e) ey A and Inerel«e nv nevd m , p <d. 9 - wenn e, , nein m Ine Plol of .1n °1 Ya[ nom °n , rr /e LMn U, Na 41900 i Gift of Mary LLC Rezoning Application May 20", 2015 Introduction & Background The Subject Site is comprised of approximately 33 acres of land located in northeast Eagan, bordered to the north by Lone Oak Road and to the south by Highway 55. The Property has been the subject of various development proposals over the past several decades. While multiple development groups have attempted to obtain entitlements and develop the site, the land use approvals and eventual development has not commenced. The property currently accommodates a single homestead with four accessory buildings, all constructed in the early 1980's. Comprehensive Guide Plan Designation The Property received a formal guide plan amendment from Office to Limited Industrial on March 27jh 2015. This amendment helps to guide the future development of the property toward the goals of the City's Northeast Special Area Plan, which is a subsection of the City's 2008 Comprehensive Plan. In this special area study the City concluded this area of the city, which contains approximately 400 acres overall, is best suited for commercial, retail and light industrial uses. We agree. While the area including and surrounding the Subject property has historically been utilized as single family residential, this specific location is best utilized as Limited Industrial. The Northeast area is bound generally by 1-494, TH 55/149 and Lone Oak Road (CSAH 26) which collectively provide excellent freeway visibility and easy interstate access. These features attract diverse users to the area, resulting in additional economic development and job growth. If the requested rezoning is accepted, we envision developing the subject property in line with the existing comprehensive plan and in a way that addresses market needs. Existing Land Use and Zoning Classification The Owner of the subject property recorded a Final Plat on the property, having intended to develop the site at time. As part of that process, a frontage road running parallel to Highway 55 was constructed which provides primary access to the Subject property. Since the development never materialized, the existing homestead on the property has remained and the site operates as a large lot single family homestead. The existing house is oriented towards Highway 55 and is accessed from a driveway which connects to the frontage road. There are also 4 accessory buildings on the Subject property, three of which are accessed from the frontage road, and one which is accessed and located on the north side of the site and is connected to Lone Oak Road (CSAH 26) via a U-shaped double access driveway. The existing zoning of the Subject property is Agricultural (A) as depicted on Exhibit 3, which is consistent with the underutilized and largely vacant nature of the site. As described above, there are no active agricultural activities on the site, and thus the current zoning is really a 'holding' district, because re -zoning of the property would be a necessary step for any development of the Subject property. As shown in the Project Snapshot and in Exhibit 2, our Team is proposing to rezone the Subject property from Agriculture to Limited Industrial. The City's Comprehensive Plan describes Limited Industrial Uses as, "Manufacturing, warehousing and goods movement/distribution." Surrounding Area Zoning The land uses in the surrounding 660 foot radius can be separated into four general areas/uses as detailed below: Immediate surrounding Area (South of Lone Oak, North of Hwy 55): This portion of the city is currently zoned as Agricultural (A). While these parcels are generally not utilized for active agricultural activities, they continue to hold this designation until future development occurs according to the Northeast Special Area Plan. The subject property represents the largest parcel among these and may serve as the catalyst for future development along both Hwy 55 and the southern portion of Lone Oak Rd. - North Lone Oak/East Hwy 55: This portion of the city is predominantly zoned with two designations: (1) Planned Development and (2) Business Park. o The Boulder lakes and Waters developments represents the majority of the Planned Development (PD) zoning designation. Buildings within this area tend to be office/manufacturing buildings ranging in size and use. Both owner -occupied single - story construction and institutionally owned multi -story office buildings exist in these developments. o The Grand Oaks development is an 83 acre master -planned business park located West of Hwy 149/Dodd Road. These properties are zoned Business Park (BP) and enjoy dedicated amenities. Similar to the Planned Development zoning to the East, these buildings also range in size and use but the majority of the retable area is configured as multi -story office buildings. South Lone Oak/West of Dodd: The majority of this neighboring land is zoned Limited Industrial (1-1). These parcels have been developed over a period of multiple decades and serve as an important industrial hub for the greater Twin Cities. This area represents over 1.2 square miles and a significant concentration of commercially developed parcels. Bur Oaks Residential (South of 55/East of Dodd): This portion of the city is developed with a mix of R-1, R-3 and PD zoning. The general area represents 0.37 square miles, south of Hwy 55 from the subject property, bordered by developed Planned Development and Limited Industrial parcels to the South. While some medium and low density residential uses do exist in proximity to the site, the majority of this area has been guided for land uses which promote jobs and commerce. Ultimately, we believe that our proposed project, with the requested re -zoning, aligns with the comp plan and will result in a more marketable site. Proposed Timing and Phasing We are proposing to develop the site with a mix of light industrial uses as depicted on the Concept Plan attached as Exhibit 4. We believe that designing the site holistically makes the most sense, but also believe that in order for this quantity of space to be absorbed by the market that there must be flexibility in the types of uses and users that would be allowed on the site. The Property is designed to accommodate frontage along both on Highway 55 and Lone Oak Road (CSAR 26). The necessary infrastructure including regional sewer is in place, which makes this site a great place to start and continue development efforts consistent with the Northeast Special Area plan. Approving the requested rezoning provides an opportunity for the City to continue it's efforts in developing the Northeast Special Area with uses that promote commerce and jobs. The following information details our Proposed Project as shown on the concept plan. Based on our preliminary review of the market and evaluation of the site we believe the site can accommodate approximately 300,000 square feet of office, warehouse and goods movement/distribution facilities. The current site plan essentially breaks the development up into a north half and a south half. The development on the north half of the site would be accessed from CSAR 26, while development of the south half would be accessed from Highway 55. Development of these two areas would not be connected by internal roads, and therefore would disperse traffic from the site. On the north half of the site we are proposing to construct two buildings which are identified on the attached concept as Building A and Building B. These buildings would be accessed from a single driveway which would connect to CSAH 26 and would be aligned with the Ames Crossing Road intersection to the north. Parking lots would be designed to provide maximum flexibility to potential users of the facilities, ensuring adequate parking is available to tenants and customers. Truck bays and garage areas would be located behind Building A and to the east of Building B shielding the trucking and garage bays from adjacent roadways. Building C is the largest building proposed and would be located on the south portion of the site and accessed from the frontage road along Highway 55. The parking areas would be designed to accommodate a variety of potential tenant types again providing flexibility to respond to market demands. All truck bays and garages would be located behind the building, providing screening of these areas from the frontage of Highway 55. Stormwater management facilities including ponding are being designed across the site holistically, however they're also been sized in such a way that the north and south portions could be developed independently. The Stormwater management facilities are designed to be located near and adjacent to existing wetland and lowland areas. The current layout of the buildings would necessitate ponding areas along both Highway 55 and CSAH 26 rights-of-way with potential additional ponding in the central portion of the site. Compatibility with Surrounding Area and Impact to City The Proposed project is consistent with the City's future plans for development in the Northeast area which promotes uses that are focused on jobs and non-residential uses. The proposed project would help achieve the goals and objectives as stated within the Northeast Special Area Plan by bring diversity in users to the area that are focused on commercial and light industrial development. One of the most desirable aspects from a light industrial perspective of the site is it's proximity and visibility to highways which makes it a perfect site for warehousing, distribution and supporting office uses. By essentially bisecting the site between a north half and south half, the intensity of the uses will be split and traffic impacts divided between Highway 55 and CSAH 26 which should help mitigate some of the potential traffic impacts as a result of developing this site with more intensity than envisioned in the City's current plan. With respect to adjacent land use and zoning designation, attached Exhibits 2 and 3 demonstrates that the proposed project would be consistent and similar to adjacent land use designations not only in the City of Eagan but in the City of Inver Grove Heights as well. Guided land uses in the area north of Highway 55 include Industrial Office Park, Business Park, Retail/Commercial, Major Office and Office Service. While some medium and low density residential uses do exist in proximity to the site, the majority of this area has been guided for land uses which promote jobs and commerce. Ultimately, we believe that our proposed project, with the necessary re -zoning is more marketable than simply developing the site with office uses because it brings greater flexibility and diversity to the area providing options to potential users. Rezoning Impact to Subject Property Re-zoningthe site to Limited Industrial creates the flexibility required to meet today's market demand. The requested zoning designation also improves the long term marketability of the property by making use of desirable site attributes as noted below: - The site is in excess of 30 -acres with dual frontage on CSAH 26 and Highway 55 - the accessibility and visibility of the site is ideal for warehousing, distribution and supporting office facilities. - There is no transit adjacent to the site, which reduces the desirability of the site for pure office users. - Current trends in the market suggest that corporate users and pure office users are looking for spaces with proximity to mass transit to attract workers. This site is not accessible to the regional transit system which makes it an unlikely candidate for an office campus. - The Subject property is not adjacent or connected to the City, County or regional park system which makes it less desirable for pure office or residential uses. Warehousing, distribution and supporting office users are less reliant on transit services and are more concerned with accessibility to the highway system. The City adopted a TH 55 access management plan which identified Louis Lane and TH 55 as a full access intersection. Louis Lane provides access into the frontage road, and the site. This makes getting on and off of TH 55/149 easy, and desirable. Our Team is interested in developing the site and getting spaces filled with new tenants that will become valuable business members of the community. The following tables demonstrate the quantity of existing office space in the Burnsville/Eagan/Apple Valley (BEA) Submarket and associated absorption rates: Year 2010 2011 2012 201:4 2014 VTD 5 -Yr Average Absorption SF Absorbed ---4,93-! ; 5-74 :� " _y i 572 22,344 ' -7 BEA lase SF Q3 14 Vacant 5F `+ 14 Avail .w" 'Years to Absorb (Va- Yews to Absorb Waila6le) Cant) 4u7 X95 ?70 5 C,7 _ 10.5 3 7. * s rr srr�xi�rs rvl��cr ra` s t a3P.1kd �y CBR.F- The above tables demonstrate that it would take approximately 10.5 years to absorb the currently vacant office space based on the 5 -Year average of absorption for the submarket. As for available space, it looks to e approximately 11.2 years to absorb the available office space in the submarket. As supported in the tables above, the office market in Eagan is currently over developed with high vacancy rates at 20.5%, however office/warehouse is in demand with 5.9% vacancy. Current vacancy rates suggests greater opportunities existing in the office warehouse market. The ability to provide industrial space will play a significant role in meeting market demand and driving commerce for the subject Property.