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10/04/2016 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING OCTOBER 4, 2016 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. APPROVE change order #2 for project 16-05 Fire Station One F. APPROVE Exempt Permit for Moms & Neighbors, Inc. to hold a raffle on November 11, 2016 at 4185 S Robert Trial - - - - G. RECEIVE Final -Assessment Report for Project -1191; Eagandale Corporate Center Street Improvements and Schedule Public Hearing for November 1, 2016 H. RECEIVE Final Assessment Report for Project 1198, Blackhawk Forest / Centex Vermilion Additions — Street Improvements and Schedule Public Hearing for November 1, 2016 I. RECEIVE Final Assessment Report for Project 1199, Red Oaks, Woodlands 4th, Verdant Hills, Verdant Acres Additions — Street Improvements and Schedule Public Hearing for November 1, 2016 J. RECEIVE Final Assessment Report for Project 1200, Diffley Commons — Street Improvements and Schedule Public Hearing for November 1, 2016 K. RECEIVE Final Assessment Report for Project 1201, Kingswood Ponds — Street Improvements and Schedule Public Hearing for November 1, 2016 L. APPROVE Final Payment, Contract 16-012016 Citywide Street Improvements M. APPROVE Service Installation Contract with Minnesota Energy Resource Corporation for Central Maintenance Facility (3501 Coachman Point) N. APPROVE Change Order No. 1 for Contract 16-19, Central Maintenance Facility Improvements - Brine Production System 0. APPROVE Revisions to the Winter Trail Maintenance Program for 2016-2017 P. APPROVE Amendment to Technical Services Agreement — Houston Engineering Q. APPROVE Resolution In Support of Dakota County's 5 -Year Transportation Capital Improvement Program (2017-2021) R. APPROVE Cost Share, Operations and Maintenance Agreement for Water Quality Cost -Share Partnership Program (1268 East Balsam Trail) S. AUTHORIZE funding and approve a Joint Powers Agreement with Dakota County for Station Area Planning along the METRO Red Line T. APPROVE Fiber Lease Agreement with MVTA for Blackhawk Park & Ride V. PUBLIC HEARINGS A. VACATE Easements/ Northwest Parkway Right -of -Way MV Eagan Properties B. APPROVE Final Assessments for Project 1203, Mallard Park 2nd Addition— Street Improvements C. APPROVE Final Assessments for Project 1196, Cedar Grove 3rd Addition —Street Improvements D. APPROVE Final Assessments for Project 1193, Denmark Avenue, Timbershore Additions & Pilot Knob Heights Additions —Street Improvements E. APPROVE Final Assessments for Project 1192, Johnny Cake Ridge Road — Street Improvements VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY 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 X111. ADJOURNMENT CRY of I I Eap TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: SEPTEMBER 30, 2016 SUBJECT: AGENDA INFORMATION FOR OCTOBER 4, 2016 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 4, 2016 City Council agenda, the following items are in order for consideration. Agenda Information Memo October 4, 2016 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 the September 13, 2016 Special City Council meeting, and September 20, 2016 regular City Council meeting as presented or modified. Attachments: (2) CA -1 September 13, 2016 Minutes CA -2 September 20, 2016 Minutes MINUTES SPECIAL CITY COUNCIL MEETING SEPTEMBER 13, 2016 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Director of Parks and Recreation Pimental, Public Works Director Matthys, Finance Director Pepper, Director of Communications Garrison, and Fire Chief Scott. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye:5 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. ARTWORKS EAGAN PRESENTATION City Administrator Osberg introduced the item noting the Council agreed at its meeting on August 8, 2016 to place on the September 13 City Council workshop agenda a presentation by Art Works Eagan regarding their updated proposal for the Fire Administration Building. Mr. Osberg summarized the recommendations of the Finance Committee from their meeting on September 7, 2016 Caitlin Dowling, Art Works Eagan, along with other Board Members gave a presentation on their proposal for the Fire Administration Building. The Council discussed with Art Works Eagan members, the proposal for the Fire Administration Building. Potential concerns were raised with the City entering into a tenant relationship. The Council agreed there is some interest in a partnership with the City for the use of the building (scenario 4), and also suggested Art Works of Eagan explore purchasing the Fire Administration Building. The Council directed staff to schedule a Finance Committee meeting to determine the market value price for the Fire Administration Building, and to meet with Eagan Art Works representatives to further discuss partnership opportunities and report back to the City Council at a future workshop. The Council took a 5 minute recess. WINTER PARK TRAIL MAINTENANCE City Administrator Osberg introduced the item noting at the May 10 Special City Council Workshop, the Council received a petition requesting that a portion of the Highline Trail, as well as a trail loop in Thomas Lake Park, be plowed. While the Council denied the request, all agreed more information was needed regarding possible winter maintenance of park trails. Council directed Parks and Recreation and Public Works staff to look at all City parks to consider winter maintenance of trails, as well as consider Special City Council Minutes September 13, 2016 Page 2 other winter activity options. Osberg noted staff has completed a comprehensive analysis of all current parks and associated trials in response to the Council's direction. Director of Public Works Matthys and Parks and Recreation Director Pimental gave a presentation on winter park trail maintenance. The City Council discussed the three proposed trail segments at Central Park, Thomas Lake Park and the Highline Trail. It was the consensus of the City Council to modify the Winter Trail Maintenance program to include the three trail segments, and bring back to the October 4, 2016 City Council meeting for formal action. The Council suggested providing information to residents of other winter recreation opportunities available in Eagan. There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 7:54 p.m. Aye:S Nay:O Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota SEPTEMBER 20, 2016 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 closed session was called at 6:15 p.m. to discuss labor negotiations. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Human Resource Manager Peterson, and Finance Director Pepper. The closed session adjourned at 6:22 p.m. A regular meeting of the Eagan City Council was held on Tuesday, September 20, 2016 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Director of Community Development Hutmacher, City Planner Ridley, Public Works Director Matthys, Director of Parks and Recreation Pimental, Deputy Chief of Police Johnson, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of September 6, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to accept the resignation of Kerry Phillips, Recreation Program Supervisor and authorize the recruitment and replacement of this position. 2. It was recommended to accept the resignation of listed seasonal employees. 3. It was recommended to approve the contract for a Classification and Compensation Study with Springsted Incorporated. C. It was recommended to ratify the check register dated September 2, and 9, 2016 as presented. D. It was recommended to approve the ordinary and customary contract with Minnesota Vikings Football and U.S. Bank National Association, Royal Vending, Inc. E. It was recommended to authorize the submission of a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant. F. It was recommended to approve a resolution authorizing the Mayor and Clerk to execute a deed conveying Outlot I, Gopher Eagan Industrial Park 2nd Addition to the State of Minnesota, thereby City Council Meeting Minutes September 20, 2016 2 page allowing the City to acquire the property for a subsequent sale to Gertens for use as an eco -site, yard waste facility. G. It was recommended to approve a resolution appointing absentee ballot board judges and designating them as deputy city clerks for the purpose of administering the November 8, 2016 General Election. H. It was recommended to approve a resolution appoint election judges for the November 8, 2016 General Election. I. It was recommended to approve the general insurance renewal for the period of July 1, 2016 to July 1, 2017. J. It was recommended to receive the Final Assessment Roll for Project 1142 (Nicols Road (Silver Bell Road to 1,235' North) - Street Improvements) and schedule a public hearing to be held on October 18, 2016. K. It was recommended to receive the Final Assessment Roll for Project 1194 (Whispering Woods 9t111th -13th Additions -Street Improvements) and schedule a public hearing to be held on October 18, 2016. L. It was recommended to receive the Final Assessment Roll for Project 1195 (Oslund Timberline / McCarthy Ridge - Street Improvements) and schedule a public hearing to be held on October 18, 2016. . M. It was recommended to receive the Final Assessment Roll for Project 1197 (Cedar 4th Addition - Street Improvements) and schedule a_public hearing to_be_held_on October 18, 2016. - - N. It was recommended to receive the Final Assessment Roll for Project 1202 (Eagan Business Commons (Commers Drive) - Street Improvements) and schedule a public hearing to be held on October 18, 2016. 0. It was recommended to approve the final payment for Contract 16-20 (Citywide Traffic Signal Painting) in the amount of $11,315.00 to OLS Restoration, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. P. It was recommended to approve a resolution to temporarily extend the licensed premises of Bald Man Brewing, Inc. doing business as Bald Man Brewing, located at 2020 Silver Bell Road #25 on October 1, 2016. Q. It was recommended to approve the final payment for Contract 16-02 (Citywide Street Improvements) in the amount of $7,680.98 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. R. It was recommended to approve the plans and specifications for Contract 16-10 (Well No. 22 Building and Equipment -Water Improvements) and authorize the advertisement for a bid opening to be held on October 13, 2016. S. It was recommended to receive the petition to vacate excess public right-of-way at 3800 Dodd Road (near Wescott Road) and schedule a public hearing to be held on October 18, 2016. T. It was recommended to approve a Stormwater Management System Maintenance Agreement with JJMM Investments, L.L.C., for property located at 3500 Dodd Road, and authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to approve an extension of time to December 3, 2016 to record a Conditional Use Permit and Planned Development Amendment for Crossroads Church and FFC Properties. V. It was recommended to approve a Professional Service Agreement with Peters Design Company to provide communications consulting services related to Website redesign and reviewing brand strategy research. W. It was recommended to approve Final Planned Development for Lot 1, Block 1, CityVue Commons 2nd Addition - EaganVue Apartments, LLC City Council Meeting Minutes September 20, 2016 3 page X. It was recommended to approve a resolution accepting $105 donation from Keith Maiz and an anonymous donor. Y. It was recommended to approve an agreement between the City and Outfront Media, LLC to provide the City five hours/month (2250 eight -second spots) for public service announcements on the billboard located on Canadian Pacific Railway System right-of-way on the south side of 1- 494 and west of Hwy 55, beyond the NE corner of 1181 Trapp Road, in the NE % of Section 3. Z. It was recommended to approve the Second Amendment to the purchase agreement with GLG Properties ("Gertens") for the sale of Outlot I, Gopher Eagan Industrial Park 2nd Addition, extending the closing date to on or before November 15, 2016. AA. It was recommended to approve a Subscription Agreement with MediaValet for a digital photo asset management system for the organization and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS Variance — Oak Ridge Elementary School City Administrator Osberg introduced the item noting ISD #196 is proposing to add a 6,900 square foot two-story addition to the existing_ 51,000 square foot Oak Ridge Elementary School located_atJohnny Cake Ridge Road and Clemson Drive. A portion of the new addition would encroach 9' into the minimum 50' structure setback from the common lot line with Downing Park. City Planner Ridley gave a staff report. The applicant was present and available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve a 9 foot Variance to the minimum 50 foot structure setback in a Public Facilities Zoning District for Oak Ridge Elementary School located at 4350 Johnny Cake Ridge Road, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Applicant shall relocate the existing water main, vacate a portion of the existing drainage and utility easement, and dedicate a new 20 foot wide easement over the new water main. 3. The Applicant shall obtain an approved Building Permit. 4. The exterior building materials shall complement the existing structure in type and color. Lot 1, Block 1, Wilmus Addition Easement Vacation City Administrator Osberg introduced the item noting the Council is being asked to accept the dedication of a public drainage and utility easement in association with the vacation of a portion of a City Council Meeting Minutes September 20, 2016 4 page public drainage and utility easement on Lot 1, Block 1, Wilmus Addition (Oak Ridge Elementary School). The purpose of this request is to relocate existing public water main away from a proposed new building addition to Oak Ridge Elementary School. Public Works Directory Matthys gave a staff report. The applicant was present and available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and accept the dedication of a public drainage and utility easement in association with the vacation of a portion of a public drainage and utility easement on Lot 1, Block 1, Wilmus Addition (Oak Ridge Elementary School) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Lot 1, Block 2, Weston Hills 2nd Addition Easement Vacation City Administrator Osberg introduced the item noting the purpose of this request is to allow the homeowners to install -an in -ground pool in the -backyard. On August 3,2016,_City_staff_received a petition from property owners of Lot 1, Block 2, Weston Hills 2nd Addition, requesting the vacation of a portion of existing drainage and utility easement on their property at 4668 Weston Hills Drive. Public Works Directory Matthys gave a staff report. Applicants, Eric and Stephanie Stahl, were present and available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing and approve the vacation of a portion of a public drainage and utility easement on Lot 1, Block 2, Weston Hills 2nd Addition (4668 Weston Hills Drive), and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS Amended Preliminary Planned Development and Preliminary Subdivison — MV Eagan, LLC City Administrator Osberg introduced the item noting the Council is being asked to approve an amended Preliminary Planned Development and Preliminary Subdivision with modified conditions for the Vikings Lakes Development. City Planner Ridley gave a staff report and provided a site map. Representatives from the Minnesota Vikings made a brief presentation and were available for questions. City Council Meeting Minutes September 20, 2016 5 page Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an amended Preliminary Planned Development and Preliminary Subdivision with modified conditions. Aye: 5 Nay: 0 NEW BUSINESS There was no new business to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA PUBLIC WORKS DIRECTOR Public Works Director Matthys gave an update on the road improvements on Pilot Knob and Central Parkway and _noted _weekly updates are posted on the -City's and County's_ websites. A press -release will be issued providing details on the remaining schedule of the improvements. VISITORS TO BE HEARD Past practice and policy during election years, from the opening of the Council candidate filing period through the November election, the Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised. There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:01 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo October 4, 2016 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Authorize the hiring of a Police Clerical Tech 4, to be named. Facts:  This position was approved for replacement on April 19, 2016. ITEM 2. Action To Be Considered: Authorize the hiring of Michelle Sell, Police Clerical Tech 4. Facts:  This position was approved for replacement on September 6, 2016. ITEM 3. Action To Be Considered: Authorize the hiring of Ricky Regenold, PT Custodian – ECC. Facts:  This position was approved for replacement on September 6, 2016. ITEM 4. Action To Be Considered: Authorize hiring of the following seasonal and temporary employees: Barry, Bruce A Basketball Scorekeeper Kunik, Neal R Winter Rec Leader Brown, Collin CA Building Attendant I Gauthier, Danielle N CA Building Attendant I ITEM 5. Action To Be Considered: Approve the contract between the City of Eagan and Walgreens, Inc. for employee flu shots. Agenda Information Memo October 4, 2016 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated September 16, and September 23, 2016 as presented. Attachments: (2) CC -1 Check register dated September 16, 2016 CC -2 Check register dated September 23, 2016 Agenda Information Memo October 4, 2016, 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 Deputy City Clerk. Contract to be approved: ➢ Community Off -Site Clinic Agreement with Walgreen Co. for employee flu shot clinic Attachments: (0) The contract is available from the City Clerk's Office. Agenda Information Memo October 4, 2016, Eagan City Council Meeting CONSENT AGENDA E. Approve Change Order #2 for project 16-05 Fire Station One Action To Be Considered: Approve change order 2 for project 16-05 Fire Station One. Facts: ➢ At the March 15, 2016 City Council Meeting a contract was awarded to Terra General Contractors for project 16-05 for of Fire Station One at 4200 Blackhawk Road. ➢ Since the construction started there have been several changes to the contract needed to continue to the project and meet the February 2017 deadline. ➢ Attached is Change Order 2 and descriptions from CNH Architects. ➢ The cost of these changes will be taken out of the project contingency fund. Attachments: CE -1 Cover Letter from CNH Architects Change Order 2 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 MEMORANDUM: PROJECT: Eagan Fire Station #1 CNH NO: 15046 DATE: September 27, 2016 TO: City of Eagan — Mayor and City Council SUBJECT: Change Order #02 Review The following is a summary of the items being submitted as Change Order 402 for the Eagan Fire Station #1 project. Background: The construction on Fire Station #1 is progressing well and on schedule with the exterior masonry walls completed and roofing mostly installed. Exterior site grading is completed, utilities installed and retaining walls in place. On the interior, underground plumbing, electrical service and all interior concrete block walls have been installed. During the past few months several items have come up to improve the facility or provide cost savings while maintaining value. These items are summarized below. Description of Changes: The changes that are incorporated in the attached Change Order #02 are the following: A. Trench Drain Deduct: This item is a deduct to revise the piping to the trench drains to reduce construction cost with only minor trade-off in water flow approach at the drains. This provides similar function at a cost savings. B. Wellness Room modifications: To address the donated wellness equipment donated to the Fire Department for this station, the former storage room is being upgraded to a Wellness Room including revised HVAC to meet code for this new use and electrical outlets for the donated equipment. C. Landscape Design Changes per City Staff: This change represents improvements to the landscaping recommended by stormwater and maintenance staff to increase the infiltration capacity of the pervious surfaces by loosening soils and adding organic materials. Other landscape changes in this item involved lowering maintenance costs and improved pond plantings by switching from seeding to plugs. These recommendations came after the project was bid so weren't included in the original landscape design. D. Minor Miscellaneous adds and deducts: As is typical during the construction process there are a handful of minor adds and deducts to address items that were determined to best fit the needs of the fire department operations within the building. P:\PROJECTS\2015\15046\5 -CONSTRUCTION ADMIN\CHANGE ORDERS & PAY APPS\CHANGE ORDER 1102 RECOMMENDATION TO COUNCIL.DOCX Pricing: The following are the pricing for each group of Proposal Request items listed above and included in this Change Order. All prices have been reviewed by CNH Architects and our consultant team and have been determined to be within appropriate unit costs for the work proposed. A. Trench Drain change Deduct ($7,106.00) B. Wellness Room modifications Add $9,142.62 C. Landscape Design Changes per City Staff Add $19,708.00 D. Minor Miscellaneous Adds and Deducts Add $7,027.00 Total Add $28,771.62 New Contract Total $4,714,325.02 Project Hard Cost Including Contingency $4,835,660.00 Contingency Balance $121,334.98 Conclusion: The items in the Change Order represent recommended savings and to best serve the city and firefighters using this facility. As noted above CNH Architects, our team, and staff have reviewed the pricing shown above and are comfortable as being appropriate for the work involved. CNH Architects recommends approval of this Change Order as in the best interest of staff operations and environmental stewardship. Respectfully Submitted, Quinn S. Hutson, AIA, LEED AP Principal CNH Architects, Inc. P:\PROJECTS\2015\15046\5 - CONSTRUCTION ADMIN\CHANGE ORDERS & PAY APPS\CHANGE ORDER H02 RECOMMENDATION TO COUNCIL.DOCX Agenda Information Memo October 4, 2016, Eagan City Council Meeting CONSENT AGENDA F. Approve Exempt Permit for Moms & Neighbors, Inc. to hold a raffle on November 11, 2016 at 4185 South Robert Trial Action To Be Considered: To adopt a resolution approving an Exempt Permit for Moms & Neighbors, Inc. to conduct a raffle on November 11, 2016 at 4185 South Robert Trail. Facts: ➢ Moms & Neighbors, Inc. has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it -in order for approval. Attachments: (1) CF -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT MOMS & NEIGHBORS, INC. WHERAS, Moms & Neighbors, Inc. has applied for an Exempt Permit to conduct a raffle on November 11, 2016; 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 Moms & Neighbors, Inc. to conduct a raffle on November 11, 2016 at 4185 South Robert Trail. Motion by: Seconded by: Those in favor: Those against: Date: October 4, 2016 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Deputy Cleric I, Cheryl Stevenson, Deputy Cleric of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th day of October, 2016. Deputy City Cleric Agenda Information Memo October 4, 2016 Eagan City Council Meeting CONSENT AGENDA G. Project 1191, Eagandale Corporate Center Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1191 (Eagandale Corporate Center - Street Improvements) and schedule a public hearing to be held on November 1, 2016. Facts: ➢ Project 1191 provided for approximately 4,950 feet of street improvements on commercial/industrial streets in northeast Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on January 5, 2016. ➢ The project, constructed under Contract 16-01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns or questions. Attachments (0) Agenda Information Memo October 4, 2016 Eagan City Council Meeting 19191010114alr_T0 401 -OD -1 H. Project 1198, Blackhawk Forest / Centex Vermilion Additions Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1198 (Blackhawk Forest/Centex Vermilion Additions - Street Improvements) and schedule a public hearing to be held on November 1, 2016. Facts: ➢ . Project 1198 provided for approximately 5,450 feet of street improvements on residential streets in west -central Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on February 2, 2016. ➢ The project, constructed under Contract 16-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns or questions. Attachments (0) Agenda Information Memo October 4, 2016 Eagan City Council Meeting CONSENT AGENDA I. Project 1199, Red Oaks, Woodlands 4t", Verdant Hills, Verdant Acres Additions Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1199 (Red Oaks, Woodlands 4t", Verdant Hills, Verdant Acres Additions - Street Improvements) and schedule a public hearing to be held on November 1, 2016. Facts: ➢ Project 1199 provided for approximately 2,400 feet of street improvements on residential streets in east -central Eagan, as outlined and discussed in the feasibility report and approved by the City Council at_the_public hearing held on February 2, 2016. ➢ The project, constructed under Contract 16-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns or questions. Attachments (0) Agenda Information Memo October 4, 2016 Eagan City Council Meeting CONSENT AGENDA J. Project 1200, Diffley Commons Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1200 (Diffley Commons - Street Improvements) and schedule a public hearing to be held on November 1, 2016. Facts: ➢ Project 1200 provided for approximately 3,650 feet of street improvements on residential streets within the Diffley Commons neighborhood in west -central Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on February 2, 2016. ➢ The project, constructed under Contract 16-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns or questions. Attachments (0) Agenda Information Memo October 4, 2016 Eagan City Council Meeting CONSENT AGENDA K. Project 1201, Kingswood Ponds Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1201 (Kingswood Ponds - Street Improvements) and schedule a public hearing to be held on November 1, 2016. Facts: ➢ Project 1201 provided for approximately 2,400 feet of street improvements on residential streets in central Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on February 2,2-016. - - - - - - ➢ The project, constructed under Contract 16-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns or questions. Attachments (0) Agenda Information Memo October 4, 2016 Eagan City Council Meeting CONSENT AGENDA L. Contract 16-01, Citywide Street Improvements Action To Be Considered: Approve the final payment for Contract 16-01 (Citywide Street Improvements) in the amount of $113,762.15 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 16-01 provided for the street improvements as outlined and discussed in the respective Feasibility Reports for each of the following projects: o Nicols Road (Silver Bell Road to 1,235' North) - Project 1142 o Eagandale Corporate Center - Project 1191 o Johnny Cake_Ridge_Road (Cliff Rd -to Teal Cove) -_Project 1192 o Denmark Avenue, Timbershore Additions, and Pilot Knob Heights Addition - Project 1193 o Cedar Grove 3rd Addition - Project 1196 o Eagan Business Commons (Commers Drive) - Project 1202 o Mallard Park 2nd Addition - Project 1203 On April 5, 2016, the City Council awarded the contract to McNamara Contracting, Inc., for the base bid of $1,243,814.80. These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo October 4, 2016 Eagan City Council Meeting CONSENT AGENDA M. Central Maintenance Facility — Natural Gas Service Minnesota Energy Resources Corporation Action To Be Considered: Approve a natural gas service installation contract for the Central Maintenance Facility (3501 Coachman Point) with Minnesota Energy Resources Corporation (MERC) and authorize the Mayor and Deputy City Clerk to execute all related documents. Facts: ➢ On March 15, 2016, the City Council approved Contract 16-04 with Ebert Construction Inc. for Phase I of the renovation of the Central Maintenance Facility (CMF) at 3501 Coachman Pointe. Contract 16-04 consists of the construction of additional heated vehicle storage and equipment bays, enlarged and updated service bays, and a detached utility storage building, as well as site improvements for drainage and other miscellaneous needs. ➢ In order to heat the 6,600 square feet of the utility storage building located on the west edge of the CMF site, a natural gas service line will need to be installed to said building. ➢ As is common practice for the installation of non-residential utility service lines, there will be no cost charged for the installation and associated labor. The future payments for the additional demand of natural gas will address compensation for the proposed service line improvements. ➢ The agreement for the service installation has been reviewed by Public Works staff and is determined to be consistent with utility services for other City facilities. Attachments (1) CM -1 Service Installation Agreement Minnesota Energy Resources Corporation DISTRIBUTION FACILITIES INSTALLATION AGREEMENT District: 93 Project No: 0053000000 Work Request/Revision: 2308812-2 This contract is for the installation of Gas facilities entered into on September 16, 2016 (Contract Date) between EAGAN CITY GARAGE (Customer) and Minnesota Energy Resources Corporation (MERC). Site Address / Location: 3501 COACHMAN RD in the CITY OF EAGAN, County of DAKOTA, State of MN. MERC agrees to install facilities and provide service in accordance with all appropriate regulations and tariffs as filed with the Public Utilities Commission of Minnesota (PUC). MERC furthermore agrees to render service to the Customer at such point on the premise as has been mutually determined and agreed upon. The Customer agrees to comply with all terms and conditions as stated on Page 2 of this contract, including the commencement date of Minimum Charges, and all appropriate MERC tariffs on file with the PUC. Customer's Contribution In Aid of Construction*: $o *This amount is owed by the customer after Minnesota Energy Resources' investment in the project. Any required payment must be sent with the signed agreement, in order for your project to proceed. This -agreement M_does _F _does not include the cost of the_service(s) all _the _way to the -meter. When it does_not,_additional charges may be forthcoming for excess footage beyond 75 feet from your property line. Allowances are determined by MERC's extension rule policies that have been approved by the PUC. I have read, understand and agree to the terms and conditions of this contract Customer Signature: Mailing Address: MERC Signature: EAGAN CITY GARAGE 3501 COACHMAN RD SAINT PAUL, MN 55122-1211 Return Contract & Contribution To: Date: Date: Minnesota Energy Resources Attn: Nancy Lilienthal 1995 Rahncliff Court, Suite 200 Eagan, MN 55122 Page 1 of 2 Minnesota Energy Resources Corporation DISTRIBUTION FACILITIES INSTALLATION AGREEMENT ADDITIONAL TERMS AND CONDITIONS 1. This Contract is not effective until signed by both Company and the Customer. If the Customer fails to return the Contract to Company within thirty days of the Company signature date or contract date, the Contract offer is null and void. 2. The payment calculation of this Contract is subject to change if the Customer causes a construction delay, there is change in scope, or actions by governmental authorities cause a calculation change. Any change shall be reviewed with the Customer prior to construction and a new feasibility study will be run and a new Contract shall be executed. If during construction, the Company encounters unanticipated abnormal conditions, such as rock or frost outside of the normal winter construction period of December 1 to April 1, the customer shall be responsible for these additional costs. 3. As a condition of receiving service, the Customer agrees to grant the Company, at no cost, an easement for the necessary construction, operation, and maintenance of any portion of the extension necessary to serve the Customer. 4. The Customer further understands that their structure must comply with the applicable State and Federal Conservation Code and any other applicable codes and that any noncompliance in future inspections by the Company may be grounds for disconnection of service. 5. If the service to the Customer is part of a project designed to serve several customers from one extension, it is understood that this Contract will be binding on the parties hereto only when and if the Company secures sufficient contracts to warrant, in Company's sole discretion, the construction of the project. 6. All the terms and conditions of this Contract shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. If the Customer leases, sells, or otherwise disposes of the property herein described, he shall complete the payments according to this Contract unless he shall have secured an assumption of his remaining obligations under this Contract, satisfactory to and approved by the Company. 7. Whether stated or not, a special facilities charge will be applied during the Winter Construction period, as stated in the Company's approved tariffs. 8. Any lawn restoration or surface repair on private property, as a result of this installation, shall be the Customer's responsibility. 9. The Customer, irrespective of subsequent change of ownership, shall provide at no expense to the Company, soil graded within six inches of the finished grade prior to installation of facilities. Survey stakes indicating property lines shall be installed by the Customer at no expense to the Company prior to installation of facilities. The Company shall be notified in advance of any change in grade levels. Any and all costs incurred as a result of such grade changes shall be at the expense of the Customer. 10. The Customer agrees to provide the Company, or its authorized contractor, the location, within 24", of all underground facilities such as those for the transmission of electricity, water, cable TV, sewer, telephone, gas or fuel which are owned by the Customer on the premises and which may be encountered by the Company or its authorized contractor during the proposed installation of the facilities If the Customer is unable to locate an underground facility, or fails to provide the location of any underground facility, or if the underground facility in question is encountered more than 24" from the location identified by the Customer, the Customer shall defend indemnify, and hold the Company harmless as well as its agents, employees, assigns, afFliates, ofFcers, administrators, predecessors, successors subsidiaries members and managers from and against any claim, action, proceeding, liability, loss damage cost or expense including without limitation attorneys' fees arising out of or in connection with the Customer's use of service. 11. In no event shall the Company be responsible for any consequential, incidental, special or punitive damages whatsoever, whether arising from breach of warranty or other breach of contract, negligence or other tort, or any other theory of law. 12. If any provision of this Contract is found to be invalid or unenforceable by any court, such provision shall be ineffective only to the extent that it is in contravention of applicable laws without invalidating the remaining provision of the Contract. 13. This Contract shall be governed by and construed in accordance with the internal laws of the State of Minnesota. 14. The Customer and the Company hereby agree to abide by and be subject to the rules, regulations, and schedules of the Company as filed with and approved by the Minnesota Public Utility Commission from time to time, as well as the rules and regulations of the Minnesota Administrative Code. 15. In the event of a conflict between this Contract and the Company's approved tariffs, the tariffs shall prevail, 16. Beginning the date the gas meter serving the Customer is installed, or 180 days after the gas service line serving the Customer is installed, whichever is earlier, the Customer will be billed the applicable Minimum Charge. The determination of the rate schedule the Customer is expected to take service under shall be in Company's sole discretion. Page 2 of 2 Agenda Information Memo October 4, 2016 Eagan City Council Meeting CONSENT AGENDA N. Contract 16-19, Central Maintenance Facility Renovation Brine Production System Change Order No. 1 Action To Be Considered: Approve Change Order No. 1 to Contract 16-19 (Central Maintenance Facility Improvements — Brine Production System) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 16-19 provides for the brine production system, a specialty item for winter maintenance/ice control material production, _ that was_ cost-effectively separated from the remainder of the Central Maintenance Facility renovation improvements. ➢ Change Order No. 1 addresses the addition of 200 feet of specialty hose to connect the exterior storage tanks to the enclosed brine production system. ➢ Change Order No. 1 provides an addition of $1,247.93 (2.2% of original contract) to the contract. The cost will be funded by the CMF Renovation funding as designated in the 2016-2020 Facilities Capital Improvement Plan. ➢ The cost associated with this Change Order has been reviewed by the project architect and Public Works staff and determined to be consistent with prices received for similar items on projects within the metropolitan area. Attachments (0) Agenda Information Memo October 4, 2016 Eagan City Council Meeting CONSENT AGENDA O. Winter Trail Maintenance Program Action To Be Considered: Approve Specific Additions to the Winter Trail Maintenance Program as endorsed by consensus at the September 13, 2016 Council Workshop. Facts: ➢ In 1998, the City implemented a comprehensive Winter Trail Maintenance Program providing for the snow removal of approximately 50% of the City's transportation trail system adjacent to collector and arterial streets. The current program consists of 77.1 miles maintained miles of a total 123.4 mile system (62.5%). ➢ Part of that program _includes a policy that, among other things, stipulates_ that_ the Council will review all requests and new additions for possible modification of the most current adopted plan. ➢ At the September 13, 2016, Council Workshop, the Council considered three recreational trail segments for additional maintenance. As a result of that workshop discussion, the following endorsements were reached by consensus: 1. Central Park: ADD 4,756 linear feet (0.90 miles) 2. Highline Trail (Rahn Athletic/Rahn Park to Johnny Cake Ridge Rd & Johnny Cake W Side to Diffley): ADD 10,400 linear feet (1.97 miles) 3. Thomas Lake Park: ADD 8,210 linear feet (1.55 miles) ➢ Staff completed a comprehensive analysis of all current parks and associated trails in preparation for the Council's workshop consideration. Accordingly, the City Council determined it does not expect to complete an annual review of park trails, with or without petitions, except for the possible addition of new community parks. ➢ In accordance with the City's Winter Trail Maintenance Program, the recreational/ park trail segments will be included as Priority Level 4 routes. More significant storm events will enact strict priority plowing endeavors, limiting the ability to complete these segments. That said, some of these trail segments may be plowed before higher priority trails due to efficiency, in some instances. Drifting on park or recreational trails may not be equal to a snow event and may not justify replowing. ➢ The result of the Council's deliberative evaluation will add a net increase of 23,366 ft (approx. 4.43 miles) to the current Winter Trail Maintenance Program to be performed with in-house resources. This information was directed to the October 4 regular meeting for consideration of formal adoption. 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Facts: ➢ On March 17, 2015, the City Council approved contracts with consulting engineering firms for general municipal and technical specialty services. Among them, a Technical Specialty Consulting Agreement was approved with Houston Engineering, Inc. (Houston) for Geographic Information Systems (GIS) services. --- - ➢ Inpartial fulfillment of City -Code -§4.34 stormwater management requirements, the City Council routinely approves long-term maintenance agreements with private parties to ensure continued and proper functioning of their private stormwater management systems, which may discharge to the public stormwater management system. ➢ Houston has developed an easy-to-use software application, MS4Front, that can be customized and used for inspection and tracking of private long-term maintenance agreements. The City's existing agreement with Houston does not include this service. ➢ Any additional fees for software configuration and subscription to the service will be paid by the Water Resources Program budget, as approved by the City Council. Funds come from the stormwater utility fee collected quarterly from Eagan residents and businesses. ➢ The amendment to Appendix A of the existing agreement, which includes this service, has been reviewed by Public Works staff and found to be in order for favorable Council action. Attachments (2) CP -1 Amended Appendix A, Technical Specialty Consulting Agreement CP -2 Updated 2016 Fee Schedule and MS4Front Pricing APPENDIX "A" Basic Services for Construction Projects The Consultant's Basic Services for construction projects consist of the Design Engineering Phase and the Construction Engineering Phase, which are described below. DESIGN ENGINEERING PHASE 1. Feasibility Study/Report Upon receipt of the City's authorization to proceed with the Feasibility Study/Report, the Consultant will: 1.1. After consulting with the City, prepare an engineering feasibility report on the Project. The report will indicate the scope of the Project and include the following elements. 1) Summary of preliminary design alternatives and recommendations; 2) Consultant's Preliminary Opinion of Probable Construction Cost; 3) Administrative, legal, bonding and engineering cost estimates based on a percentage of the construction cost; 4) List of permits required from other governmental and administrative bodies; 5) Project sketches indicating the general nature of the proposed Project improvements; 6) Proposed funding sources. 1.2. Outline -the anticipated -permanent and -temporary easements and righ-ts-of-way needed for the construction of the Project. 1.3. Submit the City designated number of copies of the Feasibility Report to the City five calendar days before review by the City Council. 1.4. Using maps and diagrams which depict the nature and location of the Project, present the data contained in the Report in the manner & format requested by the City to the City Council at a minimum of one (1) public hearing and one (1) Neighborhood Informational Meeting. 2. Final Design Upon receipt of the City authorization to proceed with the Final Design, the Consultant will: 2.1. Design and prepare detailed plans and specifications for the Project. Consultant's plans and specifications must incorporate all pertinent notification procedures and specifics related to State Statutes, Office of Pipeline Safety Rules, OSHA Rules, Gopher State Notification, etc. as needed to protect Consultant and City from claims. During the design and preparation of the plans and specifications, the Consultant will periodically consult with the City's appointed representative to obtain the City's comments. Upon completion, the Consultant will submit number of City requested copies of the plans and specifications for review by the City within time requested by the City prior to their review and approval by the City Council at a public meeting. 2.2. Prepare the Contract Documents for review by the City and its attorneys, which include: 1) Construction agreement forms 2) Payment and performance bond forms 3) General conditions 4) Special provisions 5) Specifications 6) Detailed plans 7) Proposal forms The Consultant will furnish Contract Document sets as needed in sufficient quantity to satisfy the number of anticipated bidders. 2.3. Advise the City as to necessary services in addition to those furnished by the Consultant, such as land and easement surveys, soil borings, testing and environmental services and other information needed for a Project. If authorized by the City, the Consultant will assist the City to procure these services. The providers of these services will contract directly with the City and issue invoices directly to the City. 2.4. Prepare a statement of the Consultant's Opinion of Probable Construction Cost for the Project, based upon designs established to this point. 2.5. Upon receipt of City Council authorization to proceed, the Consultant will assist the City in obtaining and analyzing construction bids and respective bidders for the contract providing a summary of all bids received. The Consultant will prepare a recommendation based on this analysis to the City for consideration of award no later than 24 hrs. prior to scheduled City Council action. CONSTRUCTION PHASE Upon receipt of City authorization to proceed with the Construction Phase of the Project, the Consultant will: 1.1. Organize, notice all appropriate parties, bodies, or agencies who have an interest in the _Project. Attend_ and assist_ the_ City_at the -pre -construction -conference -with the successful bidder, and any other parties, 1.2. Maintain communication with contractor and provide documentation assuring that all pertinent notification procedures and specifics related to State Statutes, Office of Pipeline Safety Rules, OSHA Rules, Gopher State Notification, are complied with. 1.3. Provide construction survey staking to common industry standards for the type of construction activity proposed. 1.4. Visit the project at appropriate intervals during construction to monitor and document the progress and quality of the contractor's work and to determine if the work is proceeding in accordance with the Contract Documents. For City -observed projects, the Consultant shall accept the construction of the project as being complete according to the construction documents upon a similar certification by a City representative. The Consultant does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. If the City desires more extensive or full-time project observation, the City shall request such services be provided by the Consultant as Additional Services in accordance with the terms of this Agreement. In this instance, the Consultant shall monitor the construction of the project to insure that the same as being completed according to the construction documents. 1.5. Review of shop drawings, samples and other submittals. Consultant shall review shop drawings, samples and other submissions of the Contractor solely for their general compatibility with the Consultant's design intent and conformance with the information given in the Contract Documents. The Consultant shall not be responsible for any aspects of a shop drawing submission relating to the duties of the Contractor (such as the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto) all of which are the Contractor's responsibility, and not the responsibility of the Consultant. 1.6. Review the Contractor's request for progress payments, advise the City in writing as to the Consultant's opinion of the extent and acceptability of the work completed in accordance with the terms of the Construction Contract, and issue for processing by the City all requests for payment. 1.7. Make timely recommendations to the City as to all claims relating to the execution and progress of the construction work. 1.8. Issue such additional instructions to the Contractor as may be necessary to interpret the drawings and specifications or the illustrated changes required in the Contractor's work. 1.9. After consulting with the City, prepare Change Orders for work not covered by the Contract or for substantial changes of estimated "contract quantities" as defined in the Project's Contract Documents, for the City's approval and execution. Change Orders shall be processed within two weeks after the City provides direction to the Consultant. The City understands that Change Orders may be required during a Project for many reasons, including incompleteness, errors, or ambiguities in the Construction Documents. In no event shall the Consultant be responsible for paying the cost of a Change Order or other change unless it would not have been otherwise necessary to a Project or otherwise does not adds value or betterment to a Project. 1.10. Conduct construction progress reviews with the Contractor and the City related but not limited to, contractors agreed upon date of completion. 1.11. Coordinate periodic field tests during the course of construction and promptly inform the Contractor and City of any failures. 1.12. Conduct an inspection when work is substantially complete. On the basis of its on-site observations, the Consultant shall prepare a statement of substantial completion along with a "punch list" for the Contractor, listing work left to be completed by the Contractor. 1.13. Conduct, as agreed upon by City's Representative, a final inspection of the Project as constructed to determine whether it: 1) Generally conforms with the Consultant's design concept of the Project as contained in the Contract Documents, and 2) Appears to be constructed in accordance with the Contract Documents. The Consultant shall certify a recommendation for final acceptance of the work to the City and then shall forward to the City a written approval of the Contractor's Request for Final Payment that shall be signed by the Contractor. 1.14. Arrange for the City to receive detailed instructions regarding the operation and maintenance of any equipment, machinery or apparatus installed under the contract as part of the Project by the date of substantial completion or activation, whichever is sooner. Such instructions shall be supplied by the Contractor and manufacturers' representatives. 1.15. Submit to the City a collection of field -measured quantities required to produce "Record Plans" within 6 months of final completion/certification. Contractor shall be responsible to address requests for "as-builts" information prior to submittal of record plans. CONTRACT MANAGEMENT 1.1 Consultant will respond in a timely manner to claims submitted by contractors. 1.2 Consultant shall be diligent in communications (provide notifications as necessary) with contractors about specification items to assure City has full legal protection under construction contract documents. COMPUTER SOFTWARE/MANAGEMENT Upon receipt of City authorization to proceed with Computer Software/Management, the Consultant will: 1.1 Furnish computer software application as requested by the City to meet described needs. 1.2 Customize or configure software application for the specifically requested purposes of the City's use. 1.3 Provide training to City staff on the use of the software application. 1.4 Enable data created as a result of the use of the software application to be utilized by other computer software applications (e.g. work order management, ESRI, etc.). All data would become the property of the City. 1.5 Provide software maintenance service and upgrades as an option that the City may subscribe to on an annual basis. Subscription rate is to be included in the Council approved Fee Schedule. Houston Engineering Inc. The following is a schedule of hourly rates and charges for engineering and surveying services offered by Houston Engineering, Inc. I Subsistence Actual Cost Senior Project Manager $183 Project Manager 166 Project Engineer 152 Professional Engineer 136 Design Engineer 121 Graduate Engineer 109 Leg islative/G rant Specialist $155 Expert Witness 201 Sr. Environmental Project Manager $183 Senior Environmental Scientist 160 Environmental Scientist 137 -Scientist- 121 Graduate Scientist 109 Graduate Scientist 1 87 Senior Planner $166 Associate Planner 120 Technical Writer 81 Sr. Land Surveyor Project Manager $161 Senior Land Surveyor 149 Land Surveyor 126 Graduate Land Surveyor 109 Senior Construction Engineer $149 Construction Engineer 126 Graduate Construction Engineer 108 Senior Technician $109 Technician 97 Graduate Technician 85 Technician Intern 74 Senior GIS Project Manager $160 GIS Project Manager 137 GIS Developer 126 GIS Specialist 109 GIS Tech n ician/Developer 11 95 GIS Technician 1 81 I Subsistence Actual Cost Right -of -Way Specialist $166 Right -of -Way Technician 99 Senior Designer $132 Designer 114 GPS Equipment $25/hour/unit 1 -Person Crew (plus Equipment) $132 2 -Person Crew (plus Equipment) 160 3 -Person Crew (plus Equipment) 201 4 -Person Crew (plus Equipment) 224 CAD Manager $109 CAD -Supervisor 97 Senior CAD Operator 85 CAD Operator 74 Computer Technician $132 Senior Administrative Assistant $74 Administrative Assistant 69 I Subsistence Actual Cost 2 -Wheel Drive IRS Standard Rate 4 -Wheel Drive IRS Standard Rate GPS Equipment $25/hour/unit Robotic Total Station $20/hour S6 Robotic Total Station $40/hour All -Terrain $1 5/hour Long -Distance Telephone, Actual Cost Overnight Delivery, Postage, Printing Surveying Materials, Actual Cost Special Equipment, and other Materials required for the job Subconsultants Actual Cost + 10% I MS4Front — MS4 Permit Compliance Record Keeping Software Service PRICING Initial Account Creation and Set-up: $5,800 Includes creation of Subscriber's account and initial configuration of software Includes the first year's annual subscription fee Includes up to 4 hours of web training for Subscriber staff *It is the Subscriber's responsibility to load, migrate and revise all data into MS4Front Annual Subscription Fee: $2,000 Includes unlimited Subscriber user accounts for internal use Includes up to 4 hours/year of help desk support (bug fixes do not count towards the help desk support) All support requests must go through Subscribers authorized contact Interface Customization: MS4Front interface is not customizable however we do accept feedback and suggestions to make enhancements to the software as part of our mission to provide a class leading MS4 permit compliance software system. If customizations or additional modules are requested by the subscriber they can be added in a supplementary scope of work and billed as an hourly service. Subscriber Requested Services, Support or Training (over the base amount described above): Provider can offer additional data loading, migration, translation support and system integration as an hourly service if requested by Subscriber. Provider can offer additional online training or onsite training. Subscriber would be responsible for reimbursable travel expenses. All services will be performed as a time and materials contract at Provider's applicable billing rates. 2 Agenda Information Memo October 4, 2016 Eagan City Council Meeting CONSENT AGENDA Q. Dakota County Transportation Capital Improvement Program (CIP) 2017-2021 Action To Be Considered: Approve a resolution in support of Dakota County's draft 5 -year Transportation Capital Improvement Program for 2017-2021. Facts: ➢ At the May 10, 2016, Special Council Workshop, the Council reviewed and discussed the Public Works Department's proposed 5 -year Capital Improvement Program (CIP), Part III for 2017-2021. After consideration, the Council affirmed the draft CIP. ➢ On June 7, the City Council approved the 5 -year CIP as discussed at the May 10 Council Workshop, including_ improvements_ to County highways that _are -important _to the -City of Eagan. ➢ Since the County and City share the cost of all County highway improvements on a 55/45 split, it is appropriate that both agencies are in agreement with such improvements. ➢ As part of the CIP preparation, a comparison of City requests and the County's current CIP were made jointly by City and County staff. Accordingly, County staff have utilized said information in preparing their next CIP (2017-2021). ➢ The Dakota County Transportation Department has now completed their draft 5 -year CIP for 2017-2021 which is scheduled to be presented to the County Board at a public hearing on November 3, 2015. ➢ The County has included all of the County highway improvements incorporated in the City's CIP (2017-2021), such as major road upgrades. Although the County CIP doesn't reference specific signalized intersections or trail improvements, it does include funding for such less significant improvements, but does not commit to individual project areas on a long-range planning basis. ➢ The County has requested that the City formally approve the County's draft Transportation CIP for 2017-2021. City staff have reviewed it and found it to be in order for favorable Council consideration. Attachments (1) CQ -1 Comparison of City and County CIP's CQ -2 Resolution 5 -Year Capital Improvement Plan (CIP) Eagan (Approved 2017-2021) v County Draft (2017-2021) 10/4/2016 IMPROVEMENTS - Construction Year Eagan Approved County Draft (2017-21 CIP) (2017-2021 CIP) Cost Estimate Cost Participation ROADS 1 CSAH 26, Lone Oak Road TH-55 to TH-3 NA 2018-2020 $12,800,000 $10,300,000 Counly/Federel Upgrade to 4 -lanes/ Turn Lanes/ Intersection Upgrades $2,500,000 Eagan/IGH 2 CSAH 32 (Lexington Ave to TH 3) See SIG/INT #3 2018 $1,800,000 $1,700,000 county Turn Lanes/ Rumble Strips $100,000 city SIGNALS / INTERSECTIONS 1 CSAH 26 (Lone Oak Road)/Lone Oak Drive 2017 2018-2020 $300,000 $165,000 county Intersection Modification (MVZ AUAR) $135,000 city 2 CSAH 30, Diffley Road at Nicols Rd 2017 2017 $750,000 $400,000 county Traffic Signal & Intersection Modifications $350,000 City 3 CSAH 32, Cliff Road at Dodd Road 2017 See ROADS #2 $300,000 $165,000 county Intersection & Traffic Control Modifications $135,000 city 3 CSAH 31, Cliff Road at 1-494 Ramps NA 2018 $300,000 $300,000 County Intersection & Traffic Control Modifications 4 CSAH 31, Pilot Knob Road at CSAH 32, Cliff Road NA 2017-2019 $3,900,000 $3,300,000 County/Federal Intersection & Traffic Control Modifications $600,000 City 5 CSAH 30, Diff ley Road at Cedar Ave Freeway Ramps NA 2017 $230,000 $230,000 county Traffic Signal & Intersection Modifications 6- CSAH 30,--Diffley Road at -Braddock Trail - 2017 -NA $100;000 - $55,000 County - Extend EB Left Turn Lane/ Ped Countdowns $45,000 City 7 CSAH 30, Diffley Road at Braddock Trail 2021 NA $450,000 $250,000 county Geometric Improvements/ Left -Right Turn Arrows $200,000 city 6 CSAH 28, Yankee Doodle Road atalu.cross/coachman/Contral-Federal NA 2018 $1,100,000 $550,000 County Traffic Signal & Intersection Modifications $550,000 city 9 CSAH 28, Yankee Doodle Road at Elrene Rd/ Mike Collins Dr 2021 2020-2021 $400,000 $220,000 County Elrene - New Traffic Signal Installation, Mike Collins - 3/4 Int $160,000 city to CSAH 26/CSAH 43, Lone Oak Road at Lexington Ave 2018 2017-2019 $2,700,000 $300,000 county Intersection Reconfiguration(Traffic Control Upgrade $250,000 city $2,150,000 Federal 11 Automated Traffic Management Systems (ATMS) Design NA 2018 $150,000 $60,000 county $70,000 City 12 Automated Traffic Management Systems (ATMS) Const 2019 2019 $1,600,000 $180,000 county $150,000 City $1,300,000 Federal 13 Flashing Yellow Arrows 2017-2021 NA $100,000/year $50,000 countyistate $50,000 City TRAILS 1 Adjacent to Multiple County Roads (CSAH 31, 32, 43) 2017 NA $470,000 $210,000 County Trail Overlays $260,000 City 2 Adjacent to Multiple County Roads (CSAH 26, 28) 2018 NA $200,000 $110,000 County Trail Overlays $90,000 city 3 Adjacent to Multiple County Roads (CSAH 26, 28, 31) 2019 NA $350,000 $190,000 county Trail Overlays $160,000 City 4 Adjacent to CSAH 32 2020 NA $350,000 $190,000 County Trail Overlays -2 segments $160,000 City 5 No County Road Trails Scheduled 2021 NA $0 County $0 City 5 Year Total $28,250,000 NA=Not Addressed DAKOTA COUNTY TRANSPORTATION CAPITAL IMPROVEMENT PROGRAM (CIP) 2017-2021 WHEREAS, Dakota County has asked cities and townships for letters of support for the Dakota County Transportation Capital Improvement Program (CIP) for 2017 to 2021; and WHEREAS, the Dakota County transportation projects within the City of Eagan, as listed in the City's 5 -Year CIP, are deemed important to the City of Eagan; and WHEREAS, on October 4, 2016, the Eagan City Council considered Dakota County's draft 5 -Year CIP (2017-2021) incorporating the County transportation projects; and, WHEREAS, all other County Highway segments included in the approved City of Eagan 5 -year CIP (2017-2021) have been included in the draft Dakota County Transportation CIP (2017-2021); and, WHEREAS, the City of Eagan intends to participate in costs associated with these projects in accordance with applicable County cost-sharing policies. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan hereby supports the projects included in the -Dakota County Transportation CIP (2017 -2021) -for construction in the years designated. DATED this 4th day of October, 2016 ATTEST: Cheryl L. Stevenson, Deputy Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan Mike Maguire, Mayor I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 4th day of October, 2016, as disclosed by the records of said City in my possession. Cheryl L. Stevenson, Deputy Clerk Agenda Information Memo October 4, 2016 Eagan City Council Meeting CONSENT AGENDA R. Water Quality Cost -Share Partnership Program Cost -Share, Operation and Maintenance Agreement Action To Be Considered: Approve a Cost Share, Operation and Maintenance Agreement with the property owners of 1268 East Balsam Trail to help implement a Multi -Cell Bioretention Basin Project through the Water Quality Cost -Share Partnership Program and authorize the Mayor and Deputy City Clerk to execute all related documents. Facts: -_ _ _➢ On December 4,_2012, the _City -Council -approved a -Water-- Quality -Cost-Share Partnership Program (Program), the purposes of which are to: 1) improve water quality in downstream public waterbodies; 2) reduce stormwater runoff into the storm sewer system and public waterbodies; 3) preserve, protect and enhance native plant communities around public waterbodies; and 4) educate and engage the public on the value of improving public water resources, and to develop empowerment and partnership opportunities. ➢ The Program is funded from the stormwater utility fund and is being administered by Water Resources staff according to City Council priorities as designated in approved capital improvement programs, lake management plans, and development agreements. The Program is provided up to $50,000 annually in the 2016-2020 Public Works Department's Capital Improvement Program. ➢ Timothy and Barbara Callister, property owners of 1268 East Balsam Trail, propose to engage a contractor to construct a multi -cell bioretention basin and associated stormwater infrastructure to intercept, filter, and infiltrate stormwater runoff (including sediment and phosphorus) from portions of two properties which currently drain directly to Carlson Lake. ➢ The project would be a lake and street -viewable demonstration of effective stormwater runoff reduction practices that may influence other residents to follow. The project would be anticipated to be substantially completed by the end of 2016 at a total estimated cost of $4,500. ➢ An estimated cost -share of $3,375 from the City would be matched by approximately $1,125 of funding from the Callisters. City staff have reviewed the project details and proposed City cost contribution and found it to be in order for favorable Council consideration of participation through the Water Quality Cost -Share Partnership Program. ATTACHMENTS: (1) CR -1 Cost -Share, Operation and Maintenance Agreement CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT This Cost Share, Operation and Maintenance Agreement ("Agreement") is made this day of , 2016, by and between Timothy and Barbara Callister, husband and wife (the "Owners"), and the City of Eagan, a Minnesota municipal corporation (the "City"), (collectively the "Parties"). WHEREAS, the Owners are the _fee _title holder_ of_real -property -located -at--1-268 -East Balsam Trail, Eagan, ?Minnesota, and legally described as follows: Lot 11, Block 1, WILDERNESS RUN SIXTH ADDITION Dakota County, Minnesota (the "Property"); WHEREAS, the Owners desire to perform a water quality improvement project (the "Project") to install Two Bioretention/Infiltration Basins (the "Improvements") as depicted on and in accordance with the proposal attached hereto as Exhibits A and B and incorporated herein (Exhibits A and B will be referred to as the "Plans and Specifications"); WHEREAS, the Owners have submitted an application for assistance with the Project under the City's Water Quality Cost Share Partnership Program (the "Program"); WHEREAS, the City finds that the Project will serve a public purpose by supporting one or more of the following public water resource priorities: a. improving water quality in downstream public waters; b. reducing stormwater runoff into the public storm -sewer system and public waters; c, preserving, protecting and enhancing native plant communities around public waters; and d. educating and engaging the public on the value of improving public water resources, and empowerment and partnership opportunities; WHEREAS, the City finds that the Owners and the proposed Project meet the eligibility requirements for participation in the Program; and WHEREAS, the City agrees to provide the Owners with certain financial and technical assistance for the Project through the Program, subject to the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and obligations of the Parties hereinafter set forth, the Parties agree as follows: 1. Plans and Specifications. a. Owners' Responsibility. The Owners shall be responsible for development of the plans/design, specifications and itemized cost estimate for the Improvements (the "Plans and Specifications"). b. City Review. The Owners shall submit the Plans and Specifications to the City for review and written approval by the City Engineer or his designee prior to installation of the Improvements. Notwithstanding the foregoing, the Owners shall be solely responsible to determine the adequacy of the Plans and Specifications and to comply with all applicable laws and regulations, and the City shall have no liability for the Plans and Specifications or the Improvements. c. Modification of Plans and Specifications Any modification to the approvedFlans and Specifications must be approved in writing by the City Engineer or his designee. 2. Installation. a. Standards. The Improvements shall be installed in accordance with the approved Plans and Specifications. b. Labor and. Materials. The Owners shall select, obtain and pay for all labor and materials for the Project, consistent with the Plans and Specifications, subject to partial reimbursement as provided in this Agreement. c. Photo rg abhs. The Owners shall take photographs to document the Project. d. Time for Completion. The Project must be completed within one year from the date of execution of this Agreement, unless an extension has been requested and granted by amendment of this Agreement. e. Report. Within 30 days after completion of the Project, the Owners shall submit to the City Engineer or his designee a project completion report in a form required by the City (including supporting photographs). 2 3. Reimbursement. a. Reimbursement Request. After the Improvements are completed and approved by the City Engineer or his designee, the Owners shall submit to the City Engineer or his designee a written request for reimbursement including (i) a detailed itemization of costs, (ii) original receipts or paid invoices and (iii) itemization and documentation of the Owners' Match as defined below (collectively the "Reimbursement Request'). b. Reimbursement Amount. The City shall reimburse the Owners pursuant to the Reimbursement Request for up to $3,375 for eligible project costs, and not to exceed seventy-five percent (75 %) of total Project costs. c. Reimbursement Schedule. The City shall issue reimbursement to the Owners within thirty (30) days of receipt of a completed Reimbursement Request. d. Eligible Costs, All Project costs will be reviewed and verified by the City Engineer or his designee as eligible, practical and reasonable. The City reserves the right to make adjustments to the Project costs submitted for reimbursement based on this review. Subject to the foregoing, the following Project costs are eligib a far reimbursement: i. Materials for the Improvements. ii. Contracted labor costs for site preparation, installation and establishment period (2 years maximum period post -installation) of the Improvements. iii. Contracted design / engineering fees, and soil -analysis, but only if approved in writing by the City Engineer or his designee before contracted design / engineering / soil -analysis work begins. e. Ineli 'bY lie Expenses. L Notwithstanding any provision of this Agreement to the contrary, purely aesthetic components of the Improvements are not eligible for reimbursement and shall not be considered part of the Project costs. ii. Funding will only cover work performed after this Agreement has been signed, with the exception of pre -project planning / design / engineering costs that may be allowed to be included, determined on a case-by-case basis, if pre -approved in writing by the City Engineer or his designee. f Owners' Match. L The Owners shall be responsible for a minimum of twenty-five percent (25 %) of Project costs, which can include in-kind labor value. 4. Maintenance. a. Maintenance Obligation. For a period of ten (10) years commencing on the date the Improvements are completed and approved by the City Engineer or his designee, the Owners shall maintain and repair, when necessary, the Improvements in accordance with the Plans and Specifications. b. Maintenance Costs. The Owners shall be solely responsible for all costs associated with long-term maintenance and repairs of the Improvements. 5. Inspections and Reports. a. Annual Inspections. The Improvements shall be inspected annually, between May 15 and October 15, by a Qualified Person selected by the Owners to determine whether or not the Improvements are functioning in accordance with the Plans, Specifications and this Agreement. As used in this Agreement, the term "Qualified Person" shall mean a person approved by the City Engineer based on shoreland and upland buffer best management practice training and experience. City Water Resources staff are considered Qualified Persons, with no fee to Owners. If choosing to use an independent Qualified Person, the Owners' responsibilities under this Section shall be at the Owners' sole cost and expense. If, as a result of the inspection, the Improvements are determined not to be functioning in accordance with the Specifications and this Agreement, the Owners shall restore/repair the Improvements to function as specified herein. b. City Notification and Independent Inspection. The City shall be notified at least 24 hours prior to independent annual inspections or any significant maintenance of the Improvements and, at the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Property to inspect the Improvements at any time to evaluate the installation and maintenance of the Improvements. c. Inspection and Maintenance Report. If using an independent Qualified Person, the Owners shall submit a report to the City Engineer or his designee by e-mail or mail, no later than thirty (30) days after any annual inspection and/or maintenance of the Improvements, providing the following information: i. Date and time of inspection. ii. Log of findings. iii. Date and time of maintenance. iv. Details of maintenance performed. v. Photographic documentation. 6. Standards for Performance. Any act of construction, installation, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 2 7. Right of Entry. The City, its agents and employees shall have the right to enter the Property to inspect and to implement the terms of this Agreement. The City, its agents and employees shall not be subject to or liable for any claims of trespass in connection with such entry. 8. Indemnification. The Owners shall indemnity and hold the City and its City Council members, officers, employees, agents, representatives, attorneys, successors and assigns, harmless from any and all claims arising out of or related to (i) the installation, use, maintenance, repair, removal, damage or destruction of the Improvements, (ii) injury to the Owners or any third party caused by or related to the Improvements, and (iii) damage to real property or personal property of the Owners or any third party caused by or related to the Improvements. 9. Amendment. Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owners, on behalf of themselves and their successors and assigns, expressly acknowledge and agree that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, and may condition consent upon such terms as the City deems desirable. The Owners, on behalf of themselves and their successors and assigns, further agree and covenant, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 10. Remedies for Default. a. Termination. If the Owners fail to perform the Owners' obligations as and when required under this Agreement (a "Default"), and fails to cure such Default within thirty (30) days after the City gives written notice to the Owner specifying the Default, subject to such extension as may be reasonably necessary due to weather conditions, then the City may terminate this Agreement by written notice to the Owners. b. Repayment. Upon termination of this Agreement, the City Engineer or his designee shall determine the amount, if any, by which the reimbursement to the Owners for Project costs under this Agreement exceeded the public benefit received by the City from the Project (the "Overage"). The Owners shall repay the Overage to the City within thirty (30) days after receipt of an invoice from the City describing the calculation and the amount of the Overage. If the Owners fail to timely repay such funds, the Owners shall be responsible for the City's attorneys' fees and costs enforcing this Agreement, including costs of collection. c. Force Majeure. Notwithstanding the foregoing, the Owners shall not be liable for repayment of funds received under this Agreement if the failure was caused by reasons proven to be beyond the Owners' control. 11. Duration. This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Partics, and any and all of their successors and assigns. 12. Recordiniz Aareement. The City will record this Agreement against the Property with the Dakota County Recorder's Office within thirty (30) days of full execution of this Agreement, and shall provide the Owners with verification of this recording. 13. Governine Law; Venue. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. Any dispute regarding this Agreement shall be venued in the State of Minnesota District Court in Dakota County. Owners' (or Representative's) Contact Information for Long -Term Insnection[Maintenance: Owners: Timothy Callister 1268 East Balsam Trail Eagan, MN 55123 Barbara Callister 1268 East Balsam Trail Eagan, MN 55123 Telephone: 1 452- `m6 LV Email: + 1% 1 � 1 Corncasi ne-4 [Signature pages follow] 0 IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of the date first listed above. Barbara Callister STATE OF MINNESOTA ) - - — - ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this ? qday of 2016, by Timothy Callister and Barbara Callister, husband and wife. wCHE!.LE CAMPU'CLL4U OVSKY' NOTAIY PWBLiC M)NNESOTA '. 31,2M9 7 CITY: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Cheryl Stevenson Its: Deputy Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before n:re this day of , 2016, by Mike Maguire and Cheryl Stevenson, the Mayor and Deputy Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952)432-3136 (RBB: 206-4768) 8 Exhibit A g uj OSCAPES Sustainable tansiscaping Estimate Tim & Barb Callister 1268 Balsam Tr. E. Eagan, MN 55123 651-452-3848 tim callister�comcast.net Project: Two -Cell Rain Garden Project Exhibit Proposal: Install two rain gardens totaling approx.. 400 sq.ft. of ponding area above retaining wall with a 6" ponding depth. Rain gardesn will collect water from both homeowners property as well as neighbor's property and from neighbor's downspouts. Neighbors work is done at their expense. Rain gardens will include a separation berm (with reinforced overflow) and a 6" overflow drain that will emit beyond the wall and toward the lake in an area of rock rip rap. Maximum side- - -- -slopes-will be -3:1 (htv). Install—Install-6-yards-of-compost, till -garden, -install -15 — 5 gal shrubs, 150 —1 gal perennials, and 4 yards of shredded hardwood mulch. $4500.00 Two -Cell Rain Garden Sizing Table: AlIX'iturla€ d Rand kagnii, MW - HIZAMAWH - ur-nipttONkOl ;FoaRIPOOKELVnIN 4 VRINO:;ssSUIMUsl.c M Basin 1(Lower) Basin 2 (Upper) Approx. Dimension 15'x24' 15'x24' Approx. sq ft. 360 with side slopes 360 with side slopes Max. depth 6" 6" Avg. depth 5" 5" Soil Ammendment Vol. 360cf 360cf Retention Vol. above ground 150cf 150cf Rentention Vol. below ground 108cf 108cf AlIX'iturla€ d Rand kagnii, MW - HIZAMAWH - ur-nipttONkOl ;FoaRIPOOKELVnIN 4 VRINO:;ssSUIMUsl.c M Agenda Information Memo October 4, 2016, Eagan City Council Meeting CONSENT AGENDA S. Authorize funding and approve a Joint Powers Agreement with Dakota County for the Cedar Avenue Transitway station area planning Action To Be Considered: To authorize funding and approve a Joint Powers Agreement with Dakota County to participate in station area planning along the Cedar Avenue Transitway, METRO Red Line, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The 2015 Cedar Avenue Transitway /METRO Red Line Implementation Plan Update (IPU) recommended that station area plans for each existing and planned stations be developed to help local communities prepare for a more sustainable community that integrates transit into future growth and allows for more travel options for residents. ➢ As recommended in the IPU, station area planning is anticipated for all existing and future stations on the Transitway including the current Cedar Grove and future Cliff Road stations. ➢ A two level station area planning effort is envisioned, the first level would be a corridor -wide evaluation. This will include short and long-term strategies to increase development potential and the economic base of the corridor, intended to increase ridership. The second level will include more specific detailed station area planning including a market analysis, development of the future station area vision through multiple lenses, strategies for access improvements and implementation strategies for each station. ➢ Dakota County will be the project lead for the station area planning work and has included it in the Dakota County Regional Railroad Authority Capital Improvement Program (CIP). Dakota County Regional Railroad Authority will provide 80% of the funding while the Cities provide the remaining 20%. ➢ The JPA states that costs for the Eagan Station Area plans should not exceed $70,000, with Eagan responsible for $14,000. Due to the difference in development stages between each station, it is anticipated that the Cliff Road station will receive a majority of budgeted hours. ➢ The City previously designated $500,000.00 from the Major Street Fund to assist with the construction of the pedestrian improvements at the Cedar Grove Transit Station. To date, these funds have not been used, and future total expenditures are estimated to be no more than $100,000.00. Staff recommends that a portion of the remaining funds be used for the City's $14,000.00 share of the station area planning study. ➢ A draft of the Joint Powers Agreement has been reviewed by both the Dakota County Attorney and City Attorney and is attached for review. It is anticipated that the Dakota County Regional Rail Authority will approve and sign the agreement at its October 11 meeting. ➢ This request would authorize the City's funding portion from the Major Street Fund, approve the draft JPA and authorize its execution subsequent to County approval. Issues: None Attachments: (2) CS -1 Location Map CS -2 Draft Joint Powers Agreement COST SHARING JOINT POWERS AGREEMENT BETWEEN CITY OF EAGAN AND DAKOTA COUNTY REGIONAL RAILROAD AUTHORITY FOR FUNDING OF TRANSIT STATION AREA PLANNING SERVICES This Cost Sharing Joint Powers Agreement ("Agreement") is made and entered into by and between Dakota County Regional Railroad Authority ("Authority") and the City of Eagan ("City"), collectively referred to as the "Parties", pursuant to Minn. Stat. § 471.59 which authorizes local government units to jointly and cooperatively exercise any power common to the contracting parties; and WHEREAS, on December 15, 2015, the Dakota County Regional Railroad Authority adopted the Cedar Avenue Transitway Implementation Plan Update which recommends that station area plans for each existing and planned transit station be developed to assist local communities in planning for the integration of transit facilities and future growth in the communities;- and - WHEREAS, the City and Authority wish to collaborate on transit station area planning within one half mile around the existing METRO Red Line transit stations at Cliff Road and Cedar Grove in the City; and WHEREAS, the Authority and City support retaining a consultant to conduct a transit station area planning study for the Cliff Road and Cedar Grove Stations. THEREFORE, the Authority and the City agree to the following terms for sharing the cost of a planning consultant for these purposes. SECTION 1 PURPOSE The purpose of this Agreement is to provide for the joint exercise of powers common to the Parties to cooperate and jointly fund a station area planning study within one half mile around the Cedar Grove and Cliff Road transit stations in the City of Eagan and to take such other actions necessary or convenient to complete the planning study. Station Area Planning. The project funded by this Agreement will produce a set of recommendations and a vision for both the Cedar Grove station area and the Cliff Road station area including land use and redevelopment options within the study area to complement and support transit. The project goals include stimulating economic development, building bridges for effective planning and implementation, maintaining and improving natural systems, strengthening communities through better connections and enhancing the tax base. SECTION 2 TERM This Agreement shall be effective as of the date executed by all Parties and shall remain in effect until completion of the Parties' respective obligations under this Agreement, unless earlier terminated by law or according to the provisions of this Agreement. SECTION 3 COOPERATION The Parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and fair manner. SECTION 4 OBLIGATIONS -_OF THE PARTIES 4.1 Project Funding. The County will lead the project by issuing a Request for Proposals and will enter into an agreement with a qualified consulting firm in an amount not to exceed $70,000. The Authority will provide 80% of the funds for the consulting services, not to exceed $56,000, and the City will provide 20% of the funds for the consulting services, not to exceed $14,000. The Authority's contribution to the consultant fees will come from funds described in the current 2016 - 2020 Authority CIP. 4.2. Authorized Purpose. The funds the City provides to the County under this Agreement shall be used only for the transit station area planning services related to the portion of the Cedar Avenue Transitway located within the City. 4.3. Payment of Unauthorized Claims. All funds provided by the County and City under this Agreement shall only be used for the actual cost for the project. The County and the City may refuse to pay any claim that is not specifically authorized by this Agreement. Payment of a claim shall not preclude the County or the City from questioning or later disputing the propriety of a claim or payment. If payment of any amount is disputed by the County or the City, payment of undisputed amounts will be made as set forth herein. The party submitting the disputed amount shall provide additional documentation to support the disputed amount, if necessary. The County and the City reserve the right to offset any overpayment or disallowance of a claim by reducing future payments. 2 4.4. Acknowledgement. The City and County shall appropriately acknowledge the funding assistance provided by the City and County in any promotional materials, signage, reports, publications, notices, and presentations relating to project. SECTION 5 INDEMNIFICATION Each party to this Agreement shall be liable for the acts or omissions of its officers, directors, employees or agents and the results thereof to the fullest extent authorized by law and shall not be responsible for the acts of the other party, its officers, directors, employees or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties' acts or omissions. In the event of any claims or actions asserted or 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. To insure a unified defense against any third -party liability claims arising from work of the Project, the County agrees to require the contractor and any subcontractor retained to work on the Project to maintain commercial general liability insurance in the amounts consistent -- with -minimum limits of coverage established by -Minn. Stat. §-466.04 during thetermsof each Project. All such insurance policies shall name the City and County as additional insureds. Each Party warrants that it is able to comply with the aforementioned indemnity requirements through purchased insurance or an adequately funded self- insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. SECTION 6 AUTHORIZED REPRESENTATIVES 6.1. Authorized Representatives. The following named persons are designated as the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only authority specifically granted by their respective governing boards. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement. County Authorized Representative 3 City Authorized Representative City of Eagan Attn: Jill Hutmacher, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 In addition, notification to the City or to the County regarding termination of this Agreement by the other party shall be provided to: Office of the Dakota County Attorney Civil Division 1560 Highway 55 Hastings, MN 55033 Dougherty, Molenda, Solfest, Hills & Bauer P.A. Attn: Robert B. Bauer, City Attorney 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 6.2. Liaisons. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the City and County. The City and County shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison Matthew Parent Telephone: (952) 891-7271 Email: matthew.parent@co.dakota.mn.us City Liaison Erik Slettedahl Telephone: (651) 675-5692 Email: eslettedahl@cityofeagan.com SECTION 7 TERMINATION 7.1. In General. Either party may terminate this Agreement for cause by giving seven (7) days' notice of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the agreement. Cause shall be a material breach of this Agreement and any supplemental agreement or modification to this Agreement. Notice of termination shall be made by certified mail or personal delivery to the Authorized 18 Representative of the other Party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 7.2. Termination by County and City for Lack of Funding. Notwithstanding any provision of this Agreement to the contrary, both parties may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, Federal government, or other funding source, or if it's funding cannot be continued at a level sufficient to allow payments of the amounts due under this Agreement. Notice of termination under this provision shall be accomplished as provided in Section 7.1. The Parties are not obligated to pay for any services, labor, materials, equipment, or any benefit that are provided after receipt of the written notice of termination for lack of funding. The Parties will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 8 _REPORTING, ACCOUNTING _AND _AUDITING REQU_I_REMENT-S 8.1. Accounting and Records. The County agrees to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the funds provided by the City in accordance with this Agreement. Such accounts and records shall be kept and maintained by the County for a minimum of six (6) years following expiration of this Agreement. City shall have the right to inspect and copy such records. County agrees to make such records available to City for inspection and copying during normal business hours. 8.2. Auditing. The books, records, documents and accounting procedures and practices of the County that are relevant to this Agreement are subject to the examination by the State Auditor for a minimum of six (6) years following expiration of this Agreement. SECTION 9 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid and binding when they have been reduced to writing, approved by the Parties' respective governing boards, and signed by the Authorized Representative of the City and the County. P1 SECTION 10 MINNESOTA LAW TO GOVERN The Agreement shall be governed by and construed in accordance with the substantive and procedural law of the State of Minnesota, without giving effect to principles of conflicts of law. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. SECTION 11 MERGER This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. SECTION 12 SEVERABILITY -- The provisions of this Agreement shall be deemed severable.. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity or enforceability of the remainder of this Agreement unless the part or parts that are void, invalid, or otherwise unenforceable substantially impairs the value or purpose of the entire Agreement with respect to either party. SECTION 13 SURVIVORSHIP The following provisions under this Agreement survive the termination of this Agreement: Section 4.4. (Acknowledgement), Section 5 (Indemnification), Section 8 (Reporting, Accounting and Auditing), Section 10 (Minnesota Law to Govern), and Section 12 (Severability). SECTION 14 FORCE MAJEURE Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to the unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 0 SECTION 15 CONTRA PROFERENTEM DISCLAIMER The parties agree that the contra proferentem principle of contract interpretation is not to be applied to this Agreement. Any ambiguity, inconsistency, or question of interpretation in this Agreement is not to be resolved strictly against the party that drafted the Agreement, but instead is to be resolved in accordance with the most reasonable construction. It is the intent of the parties that any dispute over the meaning or application of the Agreement shall be construed fairly and reasonably, and neither more strongly for nor against either party. Date Date Approved by Dakota County Regional Rail Authority Board Date: Resolution No. Approved as to Form By Assistant County Attorney Date of Signature CITY OF EAGAN By Mike Maquire Its: Mayor By Cheryl Stevenson Its: Deputy Cleric DAKOTA COUNTY REGIONAL RAIL AUTHORITY By Liz Workman, Chair Dakota County Regional Railroad Authority KS16-395 RRA Cost Sharing JPA with Eagan for Transit Station Area Planning Services Q 7 Agenda Information Memo October 4, 2016 Eagan City Council Meeting CONSENT AGENDA T. Approve Fiber Lease Agreement with MVTA for Blackhawk Park & Ride Action To Be Considered: Approve Fiber Lease Agreement with Metro Valley Transit Authority for Blackhawk Park & Ride. Facts: ➢ It is the mutual desire of the City of Eagan and the MVTA that the MVTA located at 4565 Blackhawk Road, Eagan, MN 55122, be connected to the City's fiber optic network for the purpose of enabling the MVTA to connected to the City's high- speed _access_to_Dakota County's -W- estern-Service-Center. - - ➢ MVTA will pay the City $1,427.40 annually for a term of 20 years to lease a single strand of fiber from the Blackhawk Park & Ride facility to Eagan City Hall. ➢ The total distance of leased fiber from Blackhawk Park & Ride to Eagan City Hall is approximately 3.66 miles. ➢ MVTA will pay the City $2,000 for administrative & legal fees to setup this connection. ➢ In addition, the MVTA will reimburse the City for the construction costs not to exceed $15,000 to build a lateral from the intersection of Blackhawk Road and Cliff Road to a network cabinet on the Blackhawk Park & Ride premise . AccessEagan staff will coordinate the lateral build and maintain the connection to the MVTA property line. Attachments: (2) CT -1 Fiber Lease Agreement CT -2 Acceptable Use Exhibit FIBER RENTAL AGREEMENT This Fiber Rental Agreement ("Agreement") is made this 28'1' day of September, 2016 by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"), and Minnesota Valley Transit Authority (hereinafter the "Customer"). (The City and Customer are collectively hereinafter referred to as the "Parties.") WHEREAS, the City has a fiber network known as "AccessEagan;" and WHEREAS, Customer seeks to lease one strand of fiber from the City to connect to its Blackhawk Park and Ride facility located at 4565 Blackhawk Road, Eagan, Minnesota 55122 (the "Property"); and WHEREAS, the City is willing to lease the fiber to Customer upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. LEASE OF FIBER, The City hereby leases to Customer one (1) strand of fiber from the AccessEagan network. Customer shall work with the City's Information Technology Manager to coordinate the access to the one (1) strand of fiber. 2. TERM OF LEASE. This lease shall be for an initial term of twenty (20) years commencing October 1, 2016, and terminating September 30, 2036. 3. LATERAL BUILD. The City will build a lateral feed to the Property from the City's hand hole on the northwest corner of Cliff Road and Blackhawk Road to the Property. The City will construct and pay for the lateral build. Customer agrees to pay the actual, reasonable cost of the lateral build, not to exceed Fifteen Thousand and no/100 Dollars ($15,000.00) ("Lateral Build Cost"). Customer will reimburse the City for the Lateral Build Cost after Customer is invoiced by the City and the work approved by Customer's Authorized Representative:, pursuant to the Municipal Prompt Payment Act, Minn. Stat. § 471.425. 4. MAINTENANCE OF LATERAL BUILD. The City will maintain the lateral build from Blackhawk Road from the Intersection of Cliff Road and Blackhawk Road to the point where the lateral build reaches the Property. Customer shall be responsible for any maintenance of the Tiber on the Property. LEASE RATE. The monthly lease rate shall be Thirty-two Dollars and 50/100 Dollars ($32.50) per mile (total of 3.66 miles), each month, for an annual total of One Thousand Four Hundred Twenty-seven Dollars and 40/100 ($1,427.40). The lease amount is payable in advance on or before October 1 of each year for the lease year of October 1 through September 30. The lease rate shall be subject to annual increased based on the consumer price index, Minneapolis/St. Paul Area, for previous July 1 through June 30, with notice of the CPI -U increase submitted to Customer's Procurement and Contract Manager no later than August 31 following. 6. ONE-TIME MANAGEMENT FEE. Customer shall pay to the City a one-time management fee in the amount of Two Thousand and no/100 Dollars ($2,000.00) for the City's management of the lateral build within 30 days of the execution of this Agreement. 7. USE or FIBER. Customer shall use the fiber consistent with the City's Acceptable Use Policy, attached hereto and made a part of this Agreement as Exhibit A. NoN-ASSIGNMENT. All rights and obligations of the City and Customer under this Agreement shall inure to the benefit of, and be binding upon, City and Customer, and their respective successors. Customer shall not assign, transfer, encumber, hypothecate or otherwise dispose of any of Customer's right, title or interest in, or to, or under this Agreement without the prior written consent of the City. 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 the City: City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Robert B. Bauer, Esq. Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147°i Street, Suite 600 Apple Valley, MN 55124 If to Customer: Minnesota Valley Transit Authority 3600 Black Hawk Road Eagan, MN 55122 2 10. GOVERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. 11. ENTIRE AGREEMENT. This is the entire agreement between the Parties hereto relating to the subject matter hereof, and there are no other agreements, representations, promises, warranties or consideration, neither express nor implied, other than those expressly set forth herein. In entering into this Agreement, neither party has relied upon any oral representations made or any information given by the other party. No modification of this Agreement shall be effective unless made in writing. 12. DAMAGE. Any darnage to the fiber caused by Customer's actions shall be repaired by Customer, in a manner approved by the City's Consulting Engineer. Customer shall be responsible for any and all costs incurred and may retain its own contractor, with prior approval by the City, for the repair. 13. EVENTS OF DEFAULT AND REMEDIES. If Customer fails to pay any monies due hereunder or fails to perforin any of the other terms, covenants, conditions or obligations of this Agreement to -be-performed by Customer, then in any such event, Customer shall be in default hereunder and the City shall have the right, at its option, in addition to any other rights and remedies it may have hereunder, or at law or in equity, or by statute or otherwise, to terminate this Agreement as to all future rights of Customer and have, regain, repossess and enjoy the fiber being rented hereunder. a. Right of to Cure De„Lault The City may, at its option instead of exercising any other rights or remedies available to it in this Agreement or otherwise, spend such sums of money as is reasonably necessary to cure any default of Customer herein, and the amount so spent and cost incurred, including reasonable attorneys' fees, shall be paid by Customer as additional rent upon demand. b. Legal and Other Expenses. In the event suit is brought for recovery of possession of the fiber, for the recovery of rent or any other amount due under the provisions of this Agreement, or because of the breach of any other covenant herein contained on the part of Customer to be kept or performed, Customer shall pay the City all expenses incurred, including reasonable attorneys' fees. C. Cumulative Remedies. No remedy herein or elsewhere in this Agreement or otherwise by law, statute, or equity conferred upon or reserved by the City shall be exclusive of any other remedy, but shall be cumulative, and may be exercised from time to time at often as the occasion may arise. d. Overdue Payments. All monies due hereunder from Customer to the City shall be due on demand, unless otherwise specified, and if not paid pursuant to the Municipal Prompt Payment Act. Minn. Stat. 471.425. 14. INDEMNIFICATION. For its negligent acts, Customer shall indemnify and forever hold harmless the City from any liability, damage, loss or expense relating to said matters and, at the Customer's expense, and -shall defend the City against each and every claim, demand, or cause of action that may be made against the City by reason of such acts of negligence. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above. [SIGNATURE PAGES TO FOLLOW] M Signature Page to Fiber Rental Agreement City's Signature Page CITY: City of Eagan, a Minnesota municipal corporation Mike Maguire Its: Mayor By: Cheryl Stevenson Its: Deputy City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2016, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 5 Signature Page to )Fiber Rental Agreement Customer's Signature Page Customer: Minnesota Valley Transit Authority By: Vl l Jon Uri h Its: MV Board Chair By: Luther Wynder Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this#qday of 5C l(knhPr' , 2016, by b� j�jv'C.1� NV14 �K FKP-v V) h4 f v , the ��� C j r" and Executive Director ofknnesota Valley' ransit Authority. RAOIN 1. SELVIQ ` 'm Notary Public Minnesota Notary Public en 3t My Comm, Ex Tres Y J 2020 THIS INSTRUMENT WAS DRAFTED BY: Robert B. Bauer Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 on EXHIBIT "A" ACCEPTABLE USE POLICY Acceptable Use Policy (AUP) for Qualified Providers of AccessEagan. Provider may not use, and shall provide notice to its end users that they are prohibited from using the AccessEagan Network to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including: 1.1. Illegal or unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the City of Eagan.; 1.2. Malicious interference with service to any user of AccessEagan or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; 1.3. Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting); 1.4. Collecting or using AccessEagan information without the consent of the City of Eagan; 1.5. Use of any false, misleading, or deceptive TCP -IP packet header information in an e- mail or a newsgroup posting; 1.6. Use of the Network to distribute software that covertly gathers information about a user or covertly transmits information about the user; 1.7. Use of the Network for distribution of advertisement delivery software unless: 1.7.1. The user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and 1.7.2. the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "add/remove" tool); or 1.9. Any conduct that is likely to result in any server owned and/or maintained by AccessEagan being the target of a denial of service(DoS) attack. 2. Provider must take reasonable security precautions as are standard in the industry in the use of the AccessEagan Network. 3. Provider must comply with the CAN -SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial e-mail. 4. Provider may not attempt to probe, scan, penetrate or test the vulnerability of the AccessEagan system or Network or to breach AccessEagan's security or authentication measures, whether by passive or intrusive techniques, except with the express written consent of the City of Eagan. 5. Provider must provide notice to users that use of Provider's services to transmit obscene or offensive materials or to harass others is prohibited by federal law, may subject users to civil and/or criminal liability and is punishable by fines and imprisonment. Provider shall notify users of a mechanism by which they can report violations of any law, including obscenity and child pornography laws. Provider shall also notify users that any violation of any law may result in the immediate termination of their services. Provider shall immediately review and, if necessary, terminate services to users who violate any State, federal or local law. 6. Provider may not and must provide notice to users that they may not use AccessEagan's network or equipment to download, publish, distribute, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless: 6.1. Provider or user is otherwise permitted by established United States copyright law to copy the work in that manner. 7. Provider must comply with the Digital Millennium Copyright Act. 8. Consequences of Violation of this AUP 8.1. The City of Eagan may, with notice to Provider, suspend Provider's service or remove any content transmitted via the AccessEagan network if the City of Eagan has knowledge that Provider is in violation of this AUP. Provider shall reasonably cooperate with the City of Eagan's reasonable investigation of any suspected violation of the AUP. The City of Eagan will use best efforts to contact Provider prior to suspension of network access to Provider's server(s); however, if prior notification cannot be given, it shall use best efforts to promptly notify Provider following suspension of network access. 8.2. Provider is strictly responsible for the violation of this AUP due to its own actions or omissions (but not including (i) violations by Provider's customers, (ii) unauthorized use of Provider's service or (iii) violations resulting from City of Eagan's failure to perform its obligations under the AccessEagan Broadband Network Agreement or a Service Level Agreement). 9. Amendments to this AUP 9.1. The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, the City of Eagan may from time to time amend this AUP with prior written notice to Provider in accordance with this Agreement to further detail or describe reasonable of use of the AccessEagan Network. 10. Disclaimer The City of Eagan and Provider are under no duty, and do not by this AUP undertake a duty, to monitor or police their respective Providers or customers' activities, and disclaim any responsibility for any misuse of by such Providers or customers. 11. Provider shall draft an acceptable use policy, to be accepted by each of its users prior to user of the AccessEagan Network, that encompasses, at a minimum, the requirements for users in the AUP. Agenda Information Memo October 4, 2016 Eagan City Council Meeting PUBLIC HEARING A. MV Eagan — Viking Lakes Easement Vacation Action To Be Considered: Approve the vacation of public drainage and utility easements located within the MV Eagan development in northeast Eagan (proposed Viking Lakes), and authorize the Mayor and Deputy City Clerk to execute all related documents. Facts: ➢ On August 30, 2016, City staff received a petition from Mark Wilf, President, MV Eagan Ventures, LLC, the property owner, requesting the vacation of existing public right-of-way and drainage and utility easements on multiple properties included -within the --proposed- planned development -project- known as -Viking- Lakes located south of O'Neill Drive and west of Ames Crossing Road, in northeastern Eagan. ➢ The purpose of this request is to allow the recording of a final plat of the properties (Viking Lakes) for a proposed mixed-use development. The vacation of the public right-of-way and easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The request would vacate all of the public right-of-way, drainage and utility and temporary construction easements within the proposed development. ➢ The new final plat, Viking Lakes, will dedicate public right-of-way and drainage and utility easements that will adequately address the public streets and drainage and utility purposes for the new development, as well as existing infrastructure and conditions. The proposed plat is scheduled for Council consideration at a future Council meeting. ➢ Notices for a public hearing 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 the Public Works Department (Engineering Division) staff and found to be in order for favorable Council action. Attachments (2) PHA -1 Location Map PHA -2 Vacation Areas Exhibit NORTHEAST EAGAN EASEMENT VACATION EXHIBIT Vacation Area 1 Drainage and utility easements shown and dedicated in the plat of Lone Oak recorded May 24, 1985, as Document No. 688442. Vacation Area 2 Drainage and utility easements, including wetlands, as shown and dedicated in the plat of Lone Oak Second Addition recorded September 30, 1987, as Document No. 808352, except as partially vacated as evidenced by Notice dated October 3, 1989, recorded December 15, 1989, as Document No. 917057. Vacation Area 3 Easements for drainage and utility purposes, including wetlands, as shown on the recorded plat of Lone Oak Third Addition, recorded November 23, 2011, as Document No. 2832468. Vacation Area 4 Utility and drainage easements, as shown on the plat of Lone Oak Second Addition, as partially vacated by the Notice of Completion by the City of Eagan, recorded December 15, 1989, as cu Doment No. 917057-. - - --- - - - - Vacation Area 5 Easement for drainage and utility purposes in favor of the City of Eagan, as contained in the Drainage and Utility Easement, dated September 8, 1989, recorded September 26, 2989, as Document No. 905742. Vacation Area 6 Easement for street, utility, drainage and construction purposes, excepting therefrom the Temporary Easement, in favor of the City of Eagan, as contained in the Right -of -Way, Drainage and Utility and Temporary Construction Easement, dated May 17, 2011, recorded June 2, 2011, as Document No. 2803549. Vacation Area 7 Easements for utility and drainage purposes shown and dedicated on the Plat of Lone Oak, recorded May 24, 1985, as Document No. 688442. Vacation Area 8 Easements for utility and drainage purposes as shown and dedicated on the Plat of Novus Addition, recorded July 17, 2007, as Document No. 2530679. Agenda Information Memo October 4, 2016 Eagan City Council Meeting PUBLIC HEARING B. Project 1203, Mallard Park 2nd Addition Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1203 (Mallard Park 2nd Addition - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1203 provided the resurfacing of approximately 1,775 feet of residential street within the Mallard Park neighborhood in southwest Eagan, as part of Contract 16-01. ➢ The Final Assessment Roll was presented to the City Council on September 6, 2016, with a_ public _hearing scheduled for _October _4, 20.16, _to formally_ present -the _final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 26% less than the estimate contained in the feasibility report presented at the public hearing held on January 5, 2016. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on September 26 to address all property owners' questions or concerns and provide any additional information of interest. Of the 39 residential properties being assessed, no one attended the meeting. Attachments (0) Agenda Information Memo October 4, 2016 Eagan City Council Meeting PUBLIC HEARING C. Project 1196, Cedar Grove 3rd Addition Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1196 (Cedar Grove 3rd Addition - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1196 provided the resurfacing of approximately 8,795 feet of residential streets within the Cedar Grove 3rd Addition in west -central Eagan, as part of Contract 16-01. ➢ The Final Assessment Roll was presented to the City Council on September 6, 2016, with a public hearing --scheduled for October 4, 2016,--to-formally -present the final --costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 27% less than the estimate contained in the feasibility report presented at the public hearing held on January 5, 2016. All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on September 26 to address all property owners' questions or concerns and provide any additional information of interest. Of the 169 residential properties being assessed, no one attended the meeting. Attachments (0) Agenda Information Memo October 4, 2016 Eagan City Council Meeting PUBLIC HEARING D. Project 1193, Denmark Avenue, Timbershore Additions, Pilot Knob Heights Additions Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1193 (Denmark Avenue, Timbershore Additions, Pilot Knob Heights Additions - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1193 provided the resurfacing of approximately 6,250 feet on all residential/ collector streets, in central Eagan, as part of Contract 16-01. ➢ The Final Assessment Roll was presented to the City Council on September 6, 2016, with a public hearing scheduled for October 4, 2016, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 27% less than the estimate contained in the feasibility report presented at the public hearing held on January 19, 2016. . ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on September 26 to address all property owners' questions or concerns and provide any additional information of interest. Of the 224 residential properties being assessed, no one attended the meeting. Attachments (0) Agenda Information Memo October 4, 2016 Eagan City Council Meeting PUBLIC HEARING E. Project 1192, Johnny Cake Ridge Road (Cliff Road to Teal Cove) Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1192 (Johnny Cake Ridge Road (Cliff Road to Teal Cove) - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1192 provided the resurfacing of approximately 3,230 feet of Johnny Cake Ridge Road, a collector roadway in southwest Eagan, as part of Contract 16-01. ➢ The Final Assessment Roll was presented to the City Council on September 6, 2016, with a public hearing scheduled for October 4,_2016, to formally_ present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 34% less than the estimate contained in the feasibility report presented at the public hearing held on January 5, 2016. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on September 26 to address all property owners' questions or concerns and provide any additional information of interest. Of the 28 residential properties being assessed, no one attended the meeting. Attachments (0)