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11/15/2016 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 15, 2016 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE IL ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. RECOGNITION of Deputy Chief of Police Jeff Johnson for his 27 years of service 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 Second Amendment to the Consent Decree between the Cities and the Metropolitan Airports Commission F. APPROVE Contract with Consultant for Fire Department Staffing Study G. APPROVE the 2017 Dakota County Community Funding Application for Dakota Valley Recycling H. APPROVE a change in management of the Off -sale Liquor License issued to Byerly Beverages, Inc. doing business as funds & Byerlys Wines & Sprits I. APPROVE Final Payment, Contract 15-11, Well 22 Development J. APPROVE Final Payment, Contract 15-12, Witham Lift Station/ Force Main K. APPROVE Final Payment Contract 15-15 Yankee Doodle Road/ Promenade Avenue/ O'Leary Lane Intersection Improvements L. APPROVE Change Order No. 3 for Contract 16-04, Central Maintenance Facility Improvement Management Organization N. APPROVE Wetland Replacement Plan Application: MV Eagan Ventures, LLC (Viking Lakes) 0. RECEIVE Petition to Vacate Public Easements, Lots 1 & 2, Block 1, West Publishing Company 5th Addition, and Schedule a Public Hearing for December 20, 2016 P. APPROVE Amendment to Fifth Extension of Amended and Restated Preliminary Redevelopment Agreement for Master Developer Services for the Cedar Grove Redevelopment District Q. APPROVE Resolution of Support for County Wide Engagement of Transportation and Transit Planning and Financial Commitment from Dakota County for the Operation and Improvement of the Cedar Avenue Transitway/Red Line Bus Rapid Transit System R. APPROVE the 2016-2016 Airport Relations Commission Work Plan V. CANVASS ELECTION RESULTS VI. PUBLIC HEARINGS VII. OLD BUSINESS VIII. NEW BUSINESS IX. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPTAGENDA C. CONSENTAGENDA 1. APPROVE EDA Minutes 2. APPROVE Amendment to Fifth Extension of Amended and Restated Preliminary Redevelopment Agreement for Master Developer Services for the Cedar Grove Redevelopment District D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN XI. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT City of EaRan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: NOVEMBER 10, 2016 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 15, 2016 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 15, 2016 City Council agenda, the following items are in order for consideration. Agenda Information Memo November 15, 2016 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Accept the resignation and retirement of Deputy Chief of Police Jeff Johnson. Facts:  Deputy Chief of Police Jeff Johnson was hired May 4, 1989, serving the Eagan community for over 27 years. ITEM 2. Action To Be Considered: With the retirement of Deputy Police Chief Jeff Johnson, Management requests approval to promote Lieutenant Roger New to Deputy Police Chief. ITEM 3. Action To Be Considered: With the promotion of Lieutenant Roger New to Deputy Police Chief, Management requests approval to promote Sergeant Nathan Tennessen to the position of Police Lieutenant. ITEM 4. Action To Be Considered: With the promotion of Sergeant Nathan Tennessen to Police Lieutenant, Management requests approval to promote Officer Matthew Ondrey to the position of Police Sergeant. ITEM 5. Action To Be Considered: With the promotion of Officer Matthew Ondrey to the position of Police Sergeant, Management requests authorization to recruit and hire a Police Officer. ITEM 6. Action To Be Considered: Authorize hiring of Sunny Sassor, Police Clerical Technician 4.  This candidate replaces Susan Smart, Police Clerical Technician 4 who retired. ITEM 7. Action To Be Considered: Recognize the resignation and retirement of Charlie Borash, Utilities Operations Supervisor and authorize his replacement. Facts:  Mr. Borash was hired March 19, 1998, he has served the Public Works Department and the citizens of Eagan for over 28 years. Informative:  Tanya Mozingo has been hired as a FT Parks & Recreation Supervisor o This hiring was approved 9/20/16  Mohamed Jama has been hired as the Accounting Intern o This hiring was approved 11/1/16 Agenda Information Memo November 15, 2016, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS Recognize The Retirement Of Deputy Chief Of Police Jeffrey Johnson For His Twenty -Seven Years Of Service To The Citizens Of Eagan Facts: ➢ Deputy Chief of Police Jeff Johnson was hired on May 4, 1989. ➢ During his tenure, he had many roles within the department which Chief McDonald will describe in more detail. ➢ Deputy Chief Johnson will be presented a plaque in appreciation of his service. Attachments: (0) Agenda Information Memo November 15, 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: None. There are no minutes to approve at this time. Agenda Information Memo November 15, 2016 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated October 28 and November 4, 2016 as presented. Attachments: (2) CC -1 Check register dated October 28, 2016 CC -2 Check register dated November 4, 2016 Agenda Information Memo November 15, 2016, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts: ➢ The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved: ➢ Participating Club Agreement between HealthPartners, Inc., and Eagan Community Center for incentive program. ➢ Institutional Suitability Certificate on behalf of FINRA registered broker-dealers. Government Account Authorization Form with Oppenheimer & Co., Inc., for Public Entity Names. ➢ Oppenheimer & Co., Inc., for Certificate of Bond Proceeds. Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo November 15, 2016, Eagan City Council Meeting CONSENT AGENDA E. APPROVE Second Amendment to the Consent Decree between the Cities and the Metropolitan Airports Commission Action To Be Considered: To approve a second amendment to the consent decree between the cities and the Metropolitan Airports Commission Facts: ➢ An amendment is proposed to the consent decree between the MAC and the cities of Minneapolis, Richfield, Eagan and the Minneapolis Public Housing Authority. ➢ The amendment provides for the MAC to utilize the most recently released version of the FAA's Aviation Environmental Design Tool (AEDT) used in preparing environmental review documents or airport noise compatibility planning studies. ➢ The amendment also states that homeowners who previously opted out of the 2005 DNL 60-64 contour partial reimbursement program may participate in current or future mitigation if the home meets the criteria to participate in the full mitigation program. ➢ All of the cities and the MAC are scheduled to consider the amendment in November for approval. Attachments: (1) CE -1 Second Amendment, Consent Decree STATE OF MINNESOTA COUNTY OF HENNEPIN STATE OF MINNESOTA BY THE CITY OF MINNEAPOLIS, et al.,, Plaintiffs, VS. METROPOLITAN AIRPORTS COMMISSION, Defendant, and NORTHWEST AIRLINES, Defendant -Intervenor. DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: CaseType Court File No. 27 -CV -OS -S474 SECOND AMENDMENT TO CONSENT DECREE WHEREAS, the City of Minneapolis, City of Richfield, City of Eagan, Minneapolis Public Housing Authority (collectively, the "Cities"), and the Metropolitan Airports Commission (the "MAC") are parties to a Consent Decree entered by this Court on October 19, 2007, and amended ourt on WHEREAS, the MAC is implementing elements of the proposed Minneapolis St. -Paul International Airport ("MSP") 2020 Improvements Project to accommodate expected demand and ensure the level of service is acceptable throughout MSP's facilities under both existing and 2020 conditions, and that regional roadways provide an acceptable level of service under both existing and 2030 conditions; WHEREAS, the MAC and the Cities requested this Court adopt the First Amendment to Consent Decree, which this Court adopted on September 25, 2013, and which created a refined noise mitigation plan described in the final MSP 2020 Improvements Project Environmental Assessment/Environmental Assessment Worksheet: WHEREAS, the Federal Aviation Administration has upgraded its Integrated Noise Model (INM) through integration into its new Aviation Environmental Design Tool software (AEDT); WHEREAS, the FAA now requires the use of AEDT for airport planning documents and federal environmental review under the National Environmental Policy Act (NEPA); WHEREAS, the MAC and the Cities desire to add clarifying language to the Consent Decree regarding the refined noise mitigation plan; WHEREAS, Section 8.10) and Section 8.7 of the Consent Decree allow the Cities and the MAC to modify the Consent Decree by mutual agreement and in writing; and WHEREAS, this Amendment will be submitted to the Federal Aviation Administration for a determination regarding its consistency with federal requirements regarding the use of airport revenue; NOW THEREFORE, upon (a) receipt of a written determination by the Federal Aviation Administration that use of airport revenue to fund the programs contemplated by this Amendment is permitted and (b) approval of this Amendment by the Court, the Consent Decree shall be amended as follows: 1. The Consent Decree is hereby modified to insert the following language after Section 4.10: Section 4.10.1 "FAA's Integrated Noise Model", for the purposes of Section 8.1, means the most recently released version of FAA's Aviation Environmental Design Tool (AEDT) or the most recently released version of any subsequent FAA modeling software system FAA uses in preparing environmental review documents under FAA Order 1050 or in preparing airport noise compatibility planning studies under 14 CFR Part 150; provided, however, that if, in preparing the 2016 Annual Noise Contour, a Single -Family or Multi -Family home which had been included in the 2015 63 DNL or had been included in the 2015 62 to 60 DNL Contour areas is not included in, respectively, the 2016 DNL 63 Contour or the 2016 DNL 60-62 Contour, MAC will determine whether that Single -Family or Multi -Family home would have been included in the respective contour area using the previous version of FAA's Integrated Noise Model, INM Version 7.Od and, if so, will treat that home as being included in that contour area in the 2016 Annual Noise Contour; but, provided further, in 2017 and subsequent years MAC will only use the most recently released version of FAA's noise modeling software. 2. The Consent Decree is hereby modified to strike existing Section 9.7 and insert the following language in its place: 9.7 Opt -Out Eligibility. Single -Family and Multi -Family homes that previously opted out of mitigation under this Consent Decree are not eligible to participate in the mitigation program provided under this Section. Opting -out, for the purposes of this section, does not include failing to participate in the 2005 DNL 60-64 contour partial reimbursement program provided for in Section 5.3 (e),(f) and (g). Further, notwithstanding any previous opt -out, Single -Family homes that previously opted out of the partial mitigation program provided in Section 9.5(b) or Section 5.2 may participate in the mitigation program provided in Section 9.5(a) if the Single -Family home meets all of the requirements for participation set forth in Section 9.5(a). Entered this day of , 2016 District Court Judge FOR THE CITY OF MINNEAPOLIS By: Susan L. Segal Its: City Attorney Dated: FOR THE CITY OF RICHFIELD By: Debbie Goettel Its: Mayor Dated: By: Steven L. Devich Its: City Manager Dated: FOR THE CITY OF EAGAN By: Mike Maguire Its: Mayor Dated: By: Cheryl Stevenson Its: Deputy City Clerk Dated: FOR THE MINNEAPOLIS PUBLIC HOUSING AUTHORITY IN AND FOR THE CITY OF MINNEAPOLIS Lm Cora McCorvey Its: Executive Director/CEO Dated: FOR THE METROPOLITAN AIRPORTS COMMISSION By: Brian D. Ryks Its: Executive Director/CEO Dated: Agenda Information Memo November 15, 2016 Eagan City Council Meeting CONSENT AGENDA F. APPROVE contract with Consultant for Fire Department Staffing Study Action To Be Considered: APPROVE a Contract with CityGate Associates for a Staffing Study for the Fire Department. Facts: ➢ Since 1963 the Eagan Fire Department has been primarily staffed by volunteer or paid -on-call firefighters. ➢ Across the nation it is becoming increasingly challenging to staff a fire department with all paid -on-call staff. ➢ CityGate Associates LLC has extensive experience in accessing communities Fire/EMS needs and making recommendations of options for a future staffing/response models. ➢ Specifically the contract with CityGate for Eagan will study: o An assessment of Eagan's existing staffing plan and identify any current challenges. They will compare our staffing with similar style departments in our region and recommend a roadmap for future staffing changes if indicated including staffing "model" options. o CityGate will also review the current response to EMS calls and help the department determine if the current EMS response might change based on staffing models. The contract with City6ate is in the amount of 544,995 which will be partially paid from 2016 fire budget dollars and the remainder with budgeted 2017 funds. ➢ The contract was been reviewed by the City Attorney's Office. ➢ CNH has created a complete building project cost which is included in attachment CE -1. Attachments: (1) • CF -1- Contract with CityGate CONTRACT FOR INDEPENDENT CONTRACTOR/PROFESSIONAL SERVICES CONTRACT NO. This Contract is made between the CITY OF EAGAN ("City"), a municipal corporation of the State of Minnesota, and CITYGATE ASSOCIATES, LLC, a California corporation with headquarters at 2250 E. Bidwell St., #100, Folsom, California 95630 ("Contractor"), The City and Contractor may be collectively referred to as "the parties" and individually as "party" herein. WHEREAS, the City desires to retain Contractor, and Contractor desires to be retained, to provide the scope of services identified in Contractor's Proposal to Perform a Staffing, Emergency Medical Services, and Response Time Study dated October 11, 2016, attached hereto as Exhibit "A" and incorporated in part herein ("Proposal"); follows; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as 1.0 SERVICES, The City agrees to engage Contractorto perform the scope of services setforth in the Proposal ("Services") pursuant to the terms of this Contract and Exhibit A, excluding Section 3,12 Contractor shall perform all work necessary to complete the Services within the timeline set forth in the Proposal to the-s-atisfaction-of-the-City and -according to -the -standards observed-by-a-competer of the profession in which Contractor is engaged. 2.0 PERSONNEL. 2.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the Services, including those individuals identified in the Proposal. Contractor, and all personnel engaged to perform the Services, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 2.2 Contractor shall not subcontract any Services without prior written approval of City. 3.0 TIME OF PERFORMANCE, 3.1 Contractor shall commence providing the Services immediately upon execution of this Contract by both parties. 3.2 The Services consist generally of six tasks/phases ((1) initiate and manage project; (2) deployment review; (3) staffing review., (4) mid -project review; (5) prepare and deliver draft report; and (6) prepare and deliverfinal report) which shall be completed in accordance with the six month timeline set forth in the Proposal. The time for performing the Services may only be extended in writing by City, and only upon a showing of good cause, in the City's sole discretion. 4.0 COMPENSATION AND FEES. For satisfactory and timely performance of the Services, the City will pay Contractor on an hourly basis at the rates set forth in the Proposal, plus reimbursable expenses incurred in conjunction with travel, printing, clerical and support services ("Reimbursable Expenses"), with the total amount of compensation for Services and Reimbursable Expense notto exceed Forty-four Thousand Nine Hundred Ninety-five and no/100 Dollars ($44,995.00)("Guaranteed Maximum Price" or "GMP"). The GMP is subject to adjustments as provided in Section 6 herein. 2 5.0 PAYMENT. 5.1 By the tenth day of each calendar month during the Contract term, Contractor shall submit to the City an invoice for the Services completed, plus actual travel expenses incurred, plus an administrative charge of 5% of the Services charged for on the invoice to cover remaining Reimbursable Expenses incurred (printing, clerical and support services),duringthe immediately preceding calendar month. 5.2 Each such invoice shall state the basis for the amount invoiced, including the Services completed, the number of hours spent, and Reimbursable Expenses incurred. 5.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the Services performed in the immediately preceding calendar month. 5.4 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. Any undisputed invoice that remains unpaid after 30 days shall accrue interest at 8% per annum. 5.5 Payment of such invoices, and any accrued interest, shall be payment in full for all Services and Reimbursable Expense covered by that invoice. 6.0 CHANGE ORDERS. Once this Contract is signed by the parties, the scope of the Services, Reimbursable Expenses, the Contractor's hourly rates and/or the GMP may adjusted only by written change order, which require a resolution from the City Council authorizing the adjustment before they become enforceable against the City. 7.0 CITY'S RESPONSIBILITY. Cityshali cooperate with Contractor as may be reasonably necessaryfor Contractorto perform the Services; and will provide any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of the Services. 3 8.0 GENERAL TERMS AND CONDITIONS. 8.1 INDEPENDENT CONTRACTOR. It is understood that in the performance of the Services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the Services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of Contractor's employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation Insurance benefits. 8.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and any approved subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 8.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computertapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the Services shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its files or for such other purposes as may be authorized in writing by the City. 8.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, and other work that comprise of the Services, without additional cost to the City. The performance or acceptance of the Services furnished by Contractor shall not relieve Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 8.5 WAIVER, The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 8.6 SUCCESSORS, This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 8.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contractor any rights hereunder without the prior written consent of the City, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 8.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, 8.9 ATTORNEY'S FEES. If any action at law or inequity is broughtto enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 8.10 INTERPRETATION. 5 8.10.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of Minnesota. 8.10.2 Entire Agreement, This Contract, including any Exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 8.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City, subject to any requisite authorization bythe City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 8.10.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed -severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 8.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibitor otherwise incorporated by reference, the terms of this Contract shall strictly prevail. 8.10.6 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of Minnesota, is entered Into or is to be performed in the City of Eagan and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in the First Judicial District, County of Dakota, State of Minnesota. 8.10.7 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. A 8.11 TIME OF ESSENCE. Time is strictly of the essence of this Contract and each and every covenant, term and provision hereof. 8.12 AUTHORITY OF CONTRACTOR. Contractor hereby represents and warrants to the City that Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and Its execution of this Contract has been duly authorized. 8.13 INDEMNITY. Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees and representatives, from any and all liability, loss, suits, claims,.damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or.persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). The sole negligence or willful misconduct of City, its employees or agents other than Contractor or Contractor's approved subcontractors are excluded from this indemnity agreement. 8.14 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each memberthereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 8.15. INSURANCE. 7 8,15,1 Contractor shall carry automobile liability insurance, general liability Insurance and professional liability insurance. Limits of liability for automobile liability insurance shall be, at a minimum, $1,000,000.00 combined single limit. Limits of liability for general liability insurance shall be, at a minimum, $1,000,000.00 per occurrence, $1,000,000.00 personal and advertising injury, $2,000,000,00 general aggregate and $2,000,000.00 products/completed operations aggregate. General liability insurance will include coverage for contractually assumed liability. Limits of liability for professional'liability insurance shall be, at a minimum, $1,000,000.00 per occurrence/claim and $2,000,000.00 aggregate. Contractorshall maintain these policies of insurance of the types and in the amounts set forth above, for the duration of the Contract, including any extensions thereto. If the general liability insurance coverage and/or the professional liability insurance coverage are on a claims -made basis, Contractor will maintain coverage in force for a period of two (2) years following the termination of the Contract at the limits specified in this paragraph, The City must be endorsed on these policies as additional insureds as respects liability arising out of Contractor's performance of this Contract, Contractor Is responsible for the payment of any deductibles or self-insured retentions, Losses other than those covered by insurance shall be Contractor's sole responsibility. The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance that may be necessaryto provide adequate coverage must be provided by Contractor and shall be its sole responsibility. 8.15.2 Contractor shall secure and maintain in force a policy of workers' compensation insurance required by Minnesota law for the duration of the Contract, including any extensions thereto. 8.15.8 Contractor shall not commence the Services until it has obtained, at Its own expense, all insurance required underthis subsection 8,15 and shall have filed a certificate of insurance ora certified copy of the Insurance policy with the City. Certificates of insurance shall be submitted on Standard 8 Form C.I.C.C.-701 or ACORD 25 forms. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without thirty (30) calendar days written notice of its intent to cancel or non -renewal, and not less than ten (10) calendar days advance written notice for nonpayment of premium. The certificate of insurance shall identify the City as an additional insured and contain the following language in the description of operations section of the certificate of insurance form or in the additional remedies schedule to the certificate of insurance form: "Each of the above described policies is so endorsed requiring the City to be provided thirty (30) calendar days written notice to the City of the intent to cancel or non -renewal, and not less than ten (10) calendar days advance written notice for nonpayment of premium" ("Required Language"). If the producer or insurer(s) identified on the certificate of insurance refuse to provide the Required Language on the certificate of insurance form or on the additional remedies schedule, Contractor shall: (a) provide the City .with a copy of the notice of cancellation endorsement documents for each policy that meet these requirements along with the certificate of Insurance; and (b) provide the City with a copy of the insurer's cancellation notice within two (2) calendar days of receipt. 8.15.4 If Contractor employs approved subcontractors as part of the Services rendered, Contractor may include all subcontractors as insureds under Its own policy or shall furnish separate insurance for each approved subcontractor, meeting the requirements set forth herein. 8.15.5 Failure to maintain required insurance at all times shall constitute a default and material breach, in such event, Contractor shall immediately notify the City and cease all performance under this Contract until further directed bythe City. In the absence of satisfactory insurance coverage, the City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor; at City's option; (b) Immediately terminate this Contract; or (c) self insure the risk, with all damages and costs incurred, by Judgment, settlement or otherwise, including attorney's fees and costs, being collectible from the Contractor, by way of set-off or recoupment from any sums due Contractor. 8.16 NOTICES. Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or first-class mail, addressed as follows. If to the City: City Clerk 3830 Pilot Knob Road Eagan, MN 55122 If to the Contractor.: David C. DeRoos, President Citygate Associates, LLC 2250 E. Bidwell St., #100 Folsom, CA 95630 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 8.17 TERMINATION FOR CONVENIENCE (Without Cause), City may terminate this Contract in who.le or in part at any time, for any cause or Without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the Services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 8.18 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment 10 for Services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for Service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 8.19 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. 8.20 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. Contractor hereby agrees to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U,S.C. Sec 15) or under the Cartwright Act Chapter (Commencing with Section 16700) or part 2 of Division 7 of the Business and Professions Code, or any similar or successor provisions of Federal or State law, arising from purchases of goods, services or materials pursuant to this Contract. This assignment shall be made and become effective at the time the City tenders final paymentto Contractor, withoutfurther acknowledgment by the parties; 9.0 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of this Contract, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, disability, sex, age, medical condition or marital status. 9.1 Contractor shall, if requested to so do by the City, certify that it has not, in the performance of this Contract, discriminated against applicants or employees because of their race, religious creed, color, national origin, ancestry, disability, sex, age, medical condition or marital status. 11 9.2 If requested to do so by the City, Contractor shall provide the City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. 9.3 Nothing contained in this Contract shall be construed in any manner so as to require or permit any act which is prohibited by law. 9.4 Contractor shall include the provisions set forth in paragraphs numbered 9.0.1 through 9.0.3 of subsection 9.0 of this Contract, inclusive, in each of its subcontracts if subcontractors are approved by the City. 10.0 MAINTENANCE AND INSPECTION OF RECORDS. 10.1 Pursuant to Minn. Stat. § 13.05, subd.11, all of the data created, collected, received, stored, used, maintained, or disseminated by Contractor in performing a City function, if any, under this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and Contractor must comply with those requirements as If it.were a government entity. 10.2 Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. 11.0 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Eagan, or a member of any of Its boards, commissions or committees, except to the extent permitted by law. 12 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives as of the date set forth below. DATED: November—, 2016 CITY OF EAGAN By: ATTEST: Christina Scipioni City Clerk Mike Maguire Mayor DATED: CITYGATE ASSOCIATES, LLC ,� ,�✓t `, By: Da id C. DeRoos 717 Pr. sident 13 Agenda Information Memo November 15 2015, Eagan City Council Meeting CONSENT AGENDA G. APPROVE the 2017 Dakota County Community Funding Application for Dakota Valley Recycling Action To Be Considered: Approve the 2017 Dakota County Community Funding Application for Dakota Valley Recycling Facts: ➢ Dakota County has funds available annually to help constituent cities promote and operate landfill abatement and recycling programs. ➢ The cities of Eagan, Burnsville, Apple Valley, and Lakeville have combined their recycling efforts. The partnership is Dakota Valley Recycling. ➢ One application for all four cities has been prepared, which will be submitted to Dakota County to fund Dakota Valley Recycling in 2017. ➢ The application for the Community Landfill Abatement Program follows Dakota County solid waste guidelines and recommendations. ➢ The 2017 budget request for DVR from the County is $238,000. No matching funds are reauired by the Citv of Eagan. Attachments: (1) G-1 2017 Funding Application to Dakota County for the Community Landfill Abatement Funds Exhibit 1 Dakota County, Physical Development Division Environmental Resources Department Jenny Kedward, 952-891-7043, ienny.kedwardCc@co.dakota.mn.us Application process: Joan Kowski, 952-891-7965, C o u N T Y ioan.kowski@co.dakota.mn.us <Municipality> 2017 Dakota County Community Funding Application Packet Application Packet and JPA Submittal Date: November 22, 2016 Funding Period: January 1, 2017 -December 31, 2017 2017 ANNUAL REPORT DUE DATE February 15, 2018 Submit completed Application Packet by: 1. Uploading to the Dakota County Local Solid Waste Staff (LSWS) SharePoint web site URL: htttps://extranet.co.dal<ota.mn.us/sites/Isws 2. Sending electronically to ienny.kedward@co.dakota.mn.us 3. Mail to: Jenny Kedward Dakota County Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Designated Liaison: Sue Bast Title: Environmental Specialist E-mail: Sue.Bast@burnsvillemn.gov Phone: 952-895-4524 Mailing Address: 13713 Frontier Ct City/State/Zip: Burnsville, MN 55337 Secondary Contact for Municipality Designated Back-up: Jackson Becker Title: Environmental Technician E-mail: Jackson.Becker@burnsvillemn.gov Phone: 952-895-4511 Communications contact Name: Jackson Becker Title: Environmental Technician E-mail: Phone: Municipality: Dakota Valley Recycling Funding Year: 2017 List of documents and information required as part of the Joint Powers Agreement for Community Funding. 1. Copy of the Official Resolution or Minutes of the Proceedings Attach an official action from the governing body (e.g., City Council or Commission) requesting the funding allocation OR a certified copy of the official proceedings of the governing body approving the funding allocation. 2. Work Plan Complete the Work Plan that includes activities, timeline, deliverables, and anticipated measurements. 3. Requested Budget Attach an itemized budget in Part V using the fund request below. Fund Request County Fund Eligibility Admin, Outreach/Education, Priority Issue $238,000 Filled in by County Waste Tire Activities (RSWC Only) Filled in by County TOTAL Filled in by County 4. Compliance with Public Entity Laws Attach appropriate documentation Yes No* MN Stat. §115A.552 (community recycling programs in place) X MN Stat. §115A.552 (residents/businesses have the opportunity to recycle) PROVIDE CODE LANGUAGE X MN Stat. §115A.151 (internal recycling programs for facilities X under the municipality's control) PROVIDE COPY OF HAULER Previously X CONTRACT provided MN Stat. §473.848 and §115A.471 (management of solid waste collected under contract from municipal operations) X *If no, identify the timeline and steps being taken to obtain compliance. 5. This workplan incorporates recommendations from the annual Scorecard submitted to the Municipality by County staff. I certify that this 2017 Community Funding Application Packet was prepared under my direction or supervision, and that the information is true, accurate, and complete to the best of my knowledge. I certify that a 2017 Annual Report demonstrating compliance with this application will be submitted to the Department by February 15, 2018. Susan Bast Name of person completing document Environmental Specialist Title Signature (electronic signature acceptable) 2 Date li, I - 117 11 11 1 I� 1. . , _1111III�j � I. Aa rinlnlstraflon Local Solid Waste Staff (LSWS) Meetings GOAL: Open communications to share activities and results between County and Municipal staff. The designated Municipality Liaison must plan to attend at least FOUR out of the six LSWS meetings per year. Prior to each meeting and regardless of attendance, a report must be submitted identifying completed work plan progress and measurements. NOTE: newly -assigned Liaisons must attend a Dakota County Master Recycler Composter class. REPORT: When submitting the Annual Report, check each box next to the meetings attended. Internal Recycling Rates GOAL: Demonstrate compliance with MN Stat §115A.151 to ensure recycling program for facilities under the municipality's control meet best management practices. REPORT: At the end of 2017, waste diversion tons will be required for report submission. It is suggested to keep track of this information monthly or quarterly. Work with your municipal representative that handles contracts and/or invoices from the hauler. Apple Valley City Hall X Apple Valley Maintenance X AV Community Center SubmittedAttended Attended Submitted Attended Submitted AV Senior Center report..Report AV Aquatic Center x January 12 ■ ■ May 11 ■ ■ September 14■ ■ March 9 ■ ■ July 13 ■ ■ November 9 ■ ■ Internal Recycling Rates GOAL: Demonstrate compliance with MN Stat §115A.151 to ensure recycling program for facilities under the municipality's control meet best management practices. REPORT: At the end of 2017, waste diversion tons will be required for report submission. It is suggested to keep track of this information monthly or quarterly. Work with your municipal representative that handles contracts and/or invoices from the hauler. Apple Valley City Hall X Apple Valley Maintenance X AV Community Center X AV Hayes Park Arena X AV Senior Center AV Aquatic Center x Burnsville City Hall X Burnsville Maintenance X Burnsville Ice Center X Eagan City Hall X Eagan Maintenance �� X 3 Eagan Civic Arena_ _ X s Eagan Community Center X�¢� Eagan Art House Lakeville City Hall X Lakeville Maintenance Lakeville Police Station X _ Lakeville Heritage Center Lakeville Ice Center Lakeville Art Center X " APPLE VALLEY PARKS Alimagnet Park x Apple Grove Park Apple Ponds Park Apple Valley East Park _ — Belmont Park Briar Oaks Park Carrollwood Park Cedar Isle Park Cedar Knolls Park Chaparral Park Cobblestone Park Delaney Park��� — — Diamond Path Park Duchess Park Faith Park Farquar Park _ Findlay Park Galaxie Park Greening Park -Greenleaf-Park Hagemeister Park Heritage Park �� - -- ---- ---� ----------- ��_ Huntington Park Jonny Cake (East) x Jo_nny Cake (West) x Keller- Kelley Lac Lavon �^ _ Fred J. Jargen Long Lake Longridge Moeller Newell Nordic------- PalominoT Pennock Quarry Point x Redwood Regatta _ Robert L. Erickson Scott Park/Archery Site Summerfield Sunset Park/Overlook ----- Valley Middle x Wallace _ Wildwood BURNSVILLE PARKS Acorn Park Alimagnet Park x Arbor Park Archery Site Birnamwood Golf Course a x Black Dog Park Brookview Park Park _Burnhaven Burnsville Heights Burnsville Skate Park x Cedarbridge Park Chateaulin Park Cliff Fen x Colonial Park Country Club Park -CoventryCourt Crosstown East _ Crosstown West Crystal Beach Crystal Lake West Day Park Echo Park _ Forest Heights Park Greenhaven Park N Heritage Park___ Highland Forest Park Highland View Park Hollows Park Howell Park _ Interlachen Park Judicial Park_ Kelleher Park Keller Lake Park Knob Hill Park Krest_wood Park Lac Lavon Lake Park Leisure Park Loop Park Neill Park���� Nicollet Park Nicollet Commons _Nordic Park __ North River Hills Park Northview Park Oak Leaf East Park Oak Leaf West Park Paha Sapa Park Pik Nik Island Red Oak Park Rolling Meadows Park Rose Park Rudy Kraemer Preserve Skyline Park _ South River Hills Park Sue Fischer Memorial Park Sunset Park Sunset Pond Tennisioux Park Terrace Oaks West Timberland Knolls Tyacke Park Tyacke Park Twin Lakes Park Utech Pond �m Valley Highlands Park Vista View Wellington Crescent West Buck Hill Park Westview Park Wolk Park Woods Lane Trail Wood Park x x A EAGAN PARKS Berry Patch Patch Park Blackhawk Park Bridgeview Park Bridle Ridge Park Bur Oaks Park Captain Dodd Park_ Carlson Lake Park Carnelian Park Cedar Pond Park _ Central Park x Cinnamon Ridge i Park _Clearwater Country Home Park _ Downing Park Evergreen Park Fish Lake Park George Ohmann Park Goat Hill Park Heine Pond Park Highview Park Holz Farm_Park Kettle Park Lakeside Park Lexington Diffley Fields x Meadowland Park Moonshine Park Mueller Farm Park Northview Park x OakChase-Park O'Leary Park Patrick Egan Park Peridot Path Park Pilot Knob Park_ Quarry Park Rahn Park Ed. Building x Rahn Athletic Fields _ Ridgecliff Park River Hills East Park Sky Hill Park Slater Acres Park South Oaks Park Thomas Lake Park RThresher Fields v' Trapp Farm Park Walden Heights Park Walnut Hill Park Wescott Station Park Commons Park _Wescott Woodhaven Park LAKEVILLE'PARKS Antlers Park X Aronson Park X Bunker Will Park -- Casperson Park X Chadwick Park Dakota Heights Park_ East Community Park �X� Fieldstone Park Foxborough Park Kensington Park King Park_ X _ MarketPlaza � XMichaud Park Park X Orchard Lake Beach X Orchard Lake Park Prairie Lake Park X _ Quigley -Sime Park X Ritter Park Spyglass Park �Stoneborough Park Valley Park X Village Creek Park NOTE: to add more rows, click in the last box in the table and hit the TAB key. Internal Recycling Education and Activities GOAL: Promote recycling to all staff in the municipality's administrative buildings and promote organics recycling to applicable staff to help reach recycling rate goal. REPORT: Update narrative to explain what occurred for employee education. How do you plan to educate employees within your government offices and buildings about recycling? 2017 PLAN: Improve signage on new or existing trash and recycling containers. Give short presentations at employee meetings. Organize Clean out Your Office days for city employees. Continue collection of Technotrash, Tyvek envelopes, plastic bags, and other items. REPORT: 0 Ill. Waste, Abatement Activities and Planning GOAL: Increase residential waste reduction, reuse, and recycling in Dakota County. REPORT: Update theta ble with actual measurements when submitting the annual report. Update the event/activity narrative with activity outcomes and describe efforts completed waste planning narrative. Coiiection Events and Activities List the event or activity, date conducted, attendees to an event, weight or volume of material collected). Activities that are not associated with a date should be described in the narrative question. NOTE: mattresses, bicycles, and carpet must be reused or recycled. NOTE: submit invoices to demonstrate costs for material recycling (mattresses, bicycles, carpet) and for the shred event. - �. _ py _ 7r 0 D ® 0 ® - �S � Paper shredding event (required) Early Oct "I Love Burnsville" Appliance Early and Electronics Drop-off Day June "I Love Burnsville" Curbside Early Collection June Lakeville Watershed Clean-up April Lakeville HHW Collection Spring Early Burnsville HHW Collection October _ Early Apple Valley Fall Clean-up October Early Apple Valley Curbside Clean-up October Eagan Pumpkin Recycling 11/4/17 Lakeville Pumpkin Recycling 11/4/17 America Recycles Shoe 11/13— Collection 11/19 Nov'17 Holiday Lights Recycling —Jan '18 NOTE: to add another row, click in the last box of the table and press TAB. Describe Cather waste abatement activities and/or program development conducted by municipality. 2017 PLAN: • Ongoing work with the ARROW program; promoting recycling and organics recycling among businesses • DVR Recycling Hotline; answering phonecalls and emails about recycling and disposal • Promoting recycling and collecting organics at employee functions REPORT: Cominunity festivals/events Community festivals and events are defined as special events at a non-residential location that draw large crowds of people for multiple hours. What mechanism will you establish to ensure recycling best management practices are applied at community events/festivals within the municipality? Describe both the mechanism (i.e., systemic changes) and outreach provided to event/festival organizers and vendors. 2017 PLAN: • Research policies, ordinances, contract language, and use of vendor letters to determine options for each city • Participate in event recycling workshops • Utilize DVR and Dakota County resources to fill needs at events • We will use the mechanisms most appropriate for each city to accomplish our recycling and organics diversion goals at events and festivals REPORT: Eagan Market Fest Weekly Both No Eagan Central Jun -Sept Park 4t" of July Funfest July 3-4 Both Maybe Eagan Central October Both No Eagan Park Eagan Art Fest June 27-28 Both No Eagan Central Community Ctr. Burnsville Park Holz Farm Spring „_yam Holz Farm, Lone Oak Days September Both No Holz Farm, Eagan Halloween October Both No Eagan Hodgepodge Community Ctr. Burnsville Summer Recycling No Nicollet International Fest Commons I Love Burnsville Summer Recycling No Nicollet week Commons Lakeville Fire Waffle Breakfast August Both Probably Fire Station #1 Lakeville Heritage September Both Probably Heritage Center Waffle Breakfast Burnsville September Both Probably Civic Center Firemuster Park Music in the Park June -July Recycling No Kelley Park, 10 "Waste diversion rate = (recycling weight + organics weight) / (recycling weight + organics weight + trash weight) IV. C)utreach and Education Website content GOAL: Local collection information and consistent recycling and waste abatement messaging throughout the County. ❑ 1 verify that all information on the municipal website regarding solid waste reduction, reuse, recycling, organics diversion and household hazardous waste links to applicable County webpages. Required Communication GOAL: Inform residents about curbside recycling opportunities, household hazardous waste services at The Recycling Zone, and food waste prevention. Each municipality is required to: All municipalities: Include two articles in city newsletters on curbside recycling and The Recycling Zone residential services. Large municipalities (Rural Solid Waste Commission and communities with over 1,000 households): • Complete at least ONE of the following for recycling and/or household hazardous waste: o Send an additional direct mailer to residents o Coordinate a large event to celebrate recycling (e.g., Earth Day or America Recycles Day Celebration) o Conduct at least two booths or presentations at large community events (e.g., school assembly, Pollution Prevention Day, Farmer's Market) Include food waste prevention in a direct mailer to residents (newsletter articles can count) • Schedule _a_pr_es-entatio_n_for food waste -prevent Check or highlight the articles you will use in city newsletters: 0 Curbside recycling 0 Master Recycle r/Composter classes 0 The Recycling Zone 0 Backyard composting 0 Electronics recycling 0 Public space recycling 0 Fix -It Clinics 0 Fluorescent light recycling 0 Food waste prevention 0 Recycling Association of Minnesota compost bin sale (1St quarter) Are there additional toolkits/topics you would like County staff to provide? • Quick -hitter type information on proper disposal of items like plastic bags, holiday trees and wreaths, aluminum foil, and others • Articles to promote events, such as hazardous waste collections, shoe recycling week, and holiday lights recycling • Articles to promote the ARROW program and recognize the businesses participating 11 Apple Valley Night to Unite August Both No Apple Grove Organizers Picnic Park, AV Night to Unite August Recycling Maybe —25 neighborhoods Apple Valley July 2-4 Recycling No Johnny Cake Freedom Days Park East, AV "Waste diversion rate = (recycling weight + organics weight) / (recycling weight + organics weight + trash weight) IV. C)utreach and Education Website content GOAL: Local collection information and consistent recycling and waste abatement messaging throughout the County. ❑ 1 verify that all information on the municipal website regarding solid waste reduction, reuse, recycling, organics diversion and household hazardous waste links to applicable County webpages. Required Communication GOAL: Inform residents about curbside recycling opportunities, household hazardous waste services at The Recycling Zone, and food waste prevention. Each municipality is required to: All municipalities: Include two articles in city newsletters on curbside recycling and The Recycling Zone residential services. Large municipalities (Rural Solid Waste Commission and communities with over 1,000 households): • Complete at least ONE of the following for recycling and/or household hazardous waste: o Send an additional direct mailer to residents o Coordinate a large event to celebrate recycling (e.g., Earth Day or America Recycles Day Celebration) o Conduct at least two booths or presentations at large community events (e.g., school assembly, Pollution Prevention Day, Farmer's Market) Include food waste prevention in a direct mailer to residents (newsletter articles can count) • Schedule _a_pr_es-entatio_n_for food waste -prevent Check or highlight the articles you will use in city newsletters: 0 Curbside recycling 0 Master Recycle r/Composter classes 0 The Recycling Zone 0 Backyard composting 0 Electronics recycling 0 Public space recycling 0 Fix -It Clinics 0 Fluorescent light recycling 0 Food waste prevention 0 Recycling Association of Minnesota compost bin sale (1St quarter) Are there additional toolkits/topics you would like County staff to provide? • Quick -hitter type information on proper disposal of items like plastic bags, holiday trees and wreaths, aluminum foil, and others • Articles to promote events, such as hazardous waste collections, shoe recycling week, and holiday lights recycling • Articles to promote the ARROW program and recognize the businesses participating 11 Are there additional print or electronic pieces you would like County staff to develop? If so, when would you like each piece? • Recycling ordinances for multi -unit housing (anytime) • Recycling requirements for large events (spring or summer) List social media that the city uses, if any, including the audience. Dakota Valley Recycling Twitter page City of Burnsville Twitter page City of Burnsville Facebook page City of Eagan Twitter page City of Eagan Facebook page City of Eagan NextDoor app City of Apple Valley Facebook page City of Lakeville Facebook page REPORT: Update the table with actual measurement when submitting the annual report. Provide any additional activities related to residential recycling education and outreach City Newsletter articles and E -Guide Ongoing Facebook (all cities) Ongoing DakotaValleyRecycling.org Ongoing Earth Day school presentations Spring Eagan Market Fest booth July Preschool presentations Various Senior Citizen presentations Various Booths at community events I Various Burnsville HHW postcard I August Twitter (all cities + DVR page) Ongoing Facebook (all cities) Ongoing Chinook Book App Ad Ongoing Halloween Hodgepodge booth October Eagan Market Fest booth July New Resident Packets (Lakeville) Ongoing "Just Eat It" screenings Various NOTE: to add another row, click in the last box of the table and press TAB. 12 V. Priority Issue: Organics Recycling GOAL: To increase awareness of organics recycling for residents; decrease the amount of food thrown away in households; and, increase the recycling rate with organics collection. Based on 2016 work plays results, what municipality -wide organics diversion for residents will be implemented? 2017 PLAN: Because all of the DVR cities are open collection cities, we are reliant on the cooperation of haulers to offer organics to their customers. We will work with SET to promote the Blue Bags program to haulers, and hope a hauler agrees to work with us. REPORT: Describe additional planning efforts to implement municipality -wide organics diversion for residents. 2017 PLAN: We will also research drop -sites for organics at locations in the DVR cities. REPORT: Based on 2016 work plan results, what municipal buildings will you start collecting organics recycling? 2017 PLAN: • Burnsville Ice Center and Maintenance Facility • Eagan Civic Arena and City Hall • Apple Valley Hayes Arena and City Hall • Research potential organics collection at Lakeville City Hall • Research potential at Apple Valley Family Aquatic Center REPORT: Municipalities must submit an attached a budget sheet. Municipality contributions are not mandatory but help the Department identify needs for this program. Funding from budgets MAY be carried over to the next year for specific projects. 2017 BUDGET (attach) 13 Include itemized Administrative expenses. include total itemized expenses to accomplish the required tasks within each category: Municipal Facility Recycling, Outreach and Education, Waste Abatement Activities and Planning, and Priority Issue. REPORT: Submit a completed budget sheet with actual expenses. Total FTE for your municipality to coordinate this program: 3 14 Community Funding Performance Scorecard To be filled out by County staff to aid communities in completing annual work plan. Community: Year reviewed: The Community Funding Program enables each municipality to work with Department staff to develop and implement projects and programs for waste abatement towards achieving Master Plan objectives. 15 Work needs:to IIJ6 J.:Adinninistration and Iriternal Recycling done in this funding; Meets goals meet Recycling Services Provided year • goals Residents and businesses have access to curbside recycling through a private hauler or municipality -sponsored program. Designated Municipal Liaison or Back-up attended at least 4 out of 6 municipality/county meetings per year. Municipality participated in and submitted annual Work Plan and Budget. Recycling efforts in municipal operations. Education to municipal employees about recycling and waste reduction. Annual report is complete and submitted on time. Report quantitative measurements for recycling, organics (if applicable), and trash for internal operations. All.Wast-E�Abatier I -nent Residential Recyang, -eeds to. done in this funding �Mee.ts goals year • meet goals Communications & Outreach Municipality uses resources from the Residential Toolkits (articles, images, etc.) provided by the Department. Printed and electronic recycling resources for residents follow the Dakota County style guidelines for logo and website references, and use terminology and/or images provided by the Department. The municipality website content for solid waste management and household hazardous waste links to the County's respective webpages. At least one written communication is distributed to every new and existing household about recycling, waste reduction and/or reuse. 15 At least one written communication is distributed to every new and existing household about The Recycling Zone services. At least four additional education activities accomplished from a menu of options developed by the Department (large communities only). Accuracy of information is verified with Department staff before distribution. Printed materials identify funding source. Report quantitative and qualitative measurements related to Master Plan objectives for each communication and outreach activity. Operations, Programs & Recycling Events A municipality waste diversion baseline and annual goal for municipality is developed. Programs to increase residential recycling are developed and implemented. A plan to implement organics diversion in City- owned/operated facilities in 2017 is developed. Planning is underway to implement municipality-wide organics diversion. Report quantitative and qualitative measurements related to Master Plan objectives for each project/program activity. Prilority Issue, Worl< needs to be done in this funding Meets goals year to me s etgqal Recycling collection is offered in municipality-owned non- administrative facilities (e.g., community centers)-following best practices. Recycling collection is offered in parks and along major trails as well as applicable public areas following best practices. Recycling collection is offered at municipality-sponsored events following best practices. Recycling and trash containers are labeled with signs/labels provided by the Department. Residents and applicable coordinators/staff are educated about recycling in parks, public areas and events. 16 Agenda Information Memo November 15, 2016, Eagan City Council Meeting CONSENT AGENDA H. APPROVE Manager Change for the Off -Sale Liquor License for Byerly Beverages, Inc. doing business as Lunds & Byerlys Wines & Sprits Action To Be Considered: To approve a change in management of the Off -sale Liquor License issued to Byerly Beverages, Inc. dba Lunds & Byerly's Wines & Sprits Facts: ➢ A change in on-site management has occurred at Lunds and Byerlys Wines and Spirits, 1299 Promenade Place. The new manager of the store, Caroline Mary Wnuk-Smith, jas completed the necessary forms and paid the investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. Attachments: (0) Agenda Information Memo November 15, 2016 Eagan City Council Meeting CONSENT AGENDA I. Contract 15-11, Well No. 22 Development Water Improvements Action To Be Considered: Approve the final payment for Contract 15-11 (Well No. 22 Development — Water Improvements), in the amount of $18,440.95 to E.H. Renner & Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 15-11 provided the drilling and development of City Well No. 22 within the Central Park Commons development. ➢ The project was programmed for 2015 in the City's 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2015-2019). ➢ 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 November 15, 2016 Eagan City Council Meeting CONSENT AGENDA J. Contract 15-12, Witham Lift Station Sanitary Sewer Improvements Action To Be Considered: Approve the final payment for Contract 15-12 (Witham Lift Station - Sanitary Sewer Improvements), in the amount of $36,471.63 to Minger Construction, and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 15-12 (Witham Lift Station) constructed a new sanitary sewer lift station on the east side of Dodd Road (opposite of Bradford Place), north of Diffley Road, with associated force main pipe installed along Dodd Road to Diffley Road. ➢ The project was programmed for 2015 in the City's 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part 111 (2015-2019). ➢ 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 November 15, 2016 Eagan City Council Meeting C41010M li;11i_LCL401U_l K. Contract 15-15, Yankee Doodle Road / Promenade Avenue / O'Leary Lane Intersection Improvements Action To Be Considered: Approve the final payment for Contract 15-15 (Yankee Doodle Road/Promenade Avenue/ O'Leary Lane — Intersection Improvements), in the amount of $96,612.66 to S.M. Hentges & Sons, and accept the improvements for perpetual County and City maintenance subject to warranty provisions. Facts: ➢ Contract 15-15 provided traffic signal and roadway improvements for the Yankee Doodle Road/Promenade Avenue and Yankee Doodle Road/O'Leary Lane intersections as a joint project between the City and Dakota County. The contract also provided the removal and replacement of the sidewalk along the south side of Yankee Doodle Road, from Denmark Avenue to 350 feet east of O'Leary Lane; an eastbound right -turn lane on eastbound Yankee Doodle Road at O'Leary Lane; and the median closure on Yankee Doodle Road at O'Leary Lane. ➢ The project was programmed for 2016 in the City's 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2015-2019). ➢ 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 November 15, 2016 Eagan City Council Meeting CONSENT AGENDA L. Contract 16-04, Central Maintenance Facility Renovations Change Order No. 3 Action To Be Considered: Approve Change Order No. 3 to Contract 16-04 (Central Maintenance Facility Renovations) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 16-04 provides for Phase I of Central Maintenance Facility (CMF) renovations and consists of additional heated vehicle storage and equipment bays, enlarged and updated service bays, as well as a salt storage shed. ➢ The proposed revisions as part of Change Order No. 3 address the addition and deletion of a number of components included in the original design of the CMF renovations, as well as some construction related modifications, including electrical, plumbing, accessibility, roofing and window installation. o Add water heater to Brine Building — accommodates preparation of brine solution in sub -freezing temperatures. ADD $2,657.60. o Add wood blocking to Vehicle Maintenance windows - accommodates uneven precast wall panels and structural steel plates. ADD $2,588.30. o Electrical changes to existing Vehicle Storage & Brine Building — supports existing and future operations. ADD $1,619.06. o Modify door hardware for card reader operation — allows use of card reader for door access. ADD $1,538.90. o Omit concrete stairs — design has stairs between new/lower and existing/ upper parking areas. Existing stairs are sufficient. DELETE $12,777.04. o Credit incorrect fixture finish — accept specified fixtures with incorrect finish. DELETE $3,000.00. o Omit roof pavers — access to roof amenities is adequate. DELETE $2,500.00. ➢ Change Order No. 3 provides a deletion of $9,873.18 (0.16% of original contract) from the contract. The deduction will benefit various funds as designated in the 2016-2020 Facilities Capital Improvement Plan. ➢ The costs associated with this Change Order have been reviewed by the project architect and determined to be consistent with prices received for similar items on projects within the metropolitan area. Attachments (0) Agenda Information Memo November 15, 2016 Eagan City Council Meeting CONSENT AGENDA M. Eagan -Inver Grove Heights Watershed Management Organization Amendments to Joint Powers Agreement Action To Be Considered: Approve amendments to the Eagan -Inver Grove Heights joint powers agreement to address minor changes to State policy and to permit staggered terms of appointed board managers and authorize the Mayor and Deputy City Clerk to execute all related documents. Facts: E 02 On October 18, 2016, the board of the Eagan -Inver Grove Heights Watershed Management Organization (E-IGHWMO) unanimously adopted a motion to recommend member cities to amend the 2014 joint powers agreement that established the E-IGHWMO. Recent changes have been made to Minnesota Rules, Chapter 8410, which spell out management plan requirements for watershed management organizations. A financial audit is now only required once every five years, rather than annually, for qualifying low budget organizations, such as the E-IGHWMO. The E-IGHWMO board currently has the three managers appointed by the City of Eagan with terms that are set to expire in March 2017. To maintain a quorum and the flow of knowledge within the board, the board recommends these terms be staggered. Proposed language within the amendment would allow Eagan to modify the terms of these upcoming appointments. For example, when new managers are appointed in 2017, there could be a 1 - year, 2 -year and a 3 -year term for one time only, and then subsequent appointments could be 3 -year terms. On January 17, 2006, The City Council approved a similar amendment to establish staggered terms for appointed board managers of the Gun Club Lake Watershed Management Organization, the predecessor of the E-IGHWMO. On November 14, the Council of the City of Inver Grove Heights is also considering this matter. ATTACHMENTS: (3) CM -1 Letters to member cities from E-IGHWMO Board CM -2 Proposed EIGHWMO JPA amendment strikethrough version CM -3 Proposed EIGHWMO JPA amendment October 26, 2016 City of Eagan Dave Osberg 3830 Pilot Knob Road Eagan, MN 55122 Re: Recommended Amendments to Eagan -Inver Grove Heights Watershed Management Organization JPA Dear Mr. Osberg, At its October 18 meeting, the Board of the Eagan -Inver Grove Heights Watershed Management Organization (E-IGHWMO) unanimously adopted a motion to recommend member cities to amend the 2014 joint powers agreement. The Board recommends the agreement between the City of Eagan and the City of Inver Grove Heights be amended due to changes in State policy and the desire for staggered terms of appointed Managers to the Board. Recent changes have been made to Minnesota Rules, Chapter 8410, which spell out plan requirements for Watershed Management Organizations. A financial audit is now only required once every five years, rather than annually, for qualifying low budget organizations. The E-IGHWMO Board currently has three Managers appointed by the City of Eagan with terms that are set to expire in March of 2017. In order to maintain a quorum and the flow of knowledge within the Board, the Board recommends these terms be staggered. Proposed language within the amendment would allow Eagan to modify the terms at the time of upcoming appointments. Therefore, when new managers are appointed in 2017, there could be a 1 -year, 2 -year and a 3 -year term for one time only, and then subsequent appointments could be 3 -year terms. We would appreciate your consideration of this item at your next city Council meeting. Please contact me if you have any questions at 651-480-7777 or contact Eric Macbeth as he serves as Eagan's representation to the E-IGHWMO Board. Sincerely, Ashley Gallagher E-IGHWMO Administrator Q Julie Vigness-Pint E-IGHWMO Chair Cc: Eric Macbeth A Joint Powers Organization of lite Cities of.Eagan andInver Grove .heights 3830 Pilot Knob Road, Eagan, MN 55122-1810 Phone: (651) 675-5300 EAGAN-INVER GROVE HEIGHTS October 26, 2016 'City of Inver Grove Heights Joe Lynch 8150 Barbara Ave Inver Grove Heights, MN 55077 Re: Recommended Amendments to Eagan -Inver Grove Heights Watershed Management Organization JPA Dear Mr, Lynch, At its October 18 meeting, the Board of the Eagan -Inver Grove Heights Watershed Management Organization (E-IGHWMO) unanimously adopted a motion to recommend member cities to amend the 2014 joint powers agreement. The Board recommends the agreement between the City of Eagan and the City of Inver Grove Heights be amended due to changes in State policy and the desire for staggered terms of appointed Managers to the Board. Recent changes have been made to Minnesota Rules, Chapter 8410, which spell out plan requirements for Watershed Management Organizations. A financial audit is now only required once every five years, rather than annually, for qualifying low budget organizations. The E-IGHWMO Board currently has three Managers appointed by the City of Eagan with terms that are set to expire in March of 2017. In order to maintain a quorum and the flow of knowledge within the Board, the Board recommends these terms be staggered. Proposed language within the amendment would allow Eagan to modify the terms at the time of upcoming appointments. Therefore, when new managers are appointed in 2017, there could be a 1 -year, 2 -year and a 3 -year term for one time only, and then subsequent appointments could be 3 -year terms. you have any questions at 651-480-7777 or contact Scott Thureen as he serves as Inver Grove Heights representation to the E-IGHWMO Board. Sincerely, GA 4-x1-1-,— Ashley „x1-1-, _Ashley Gallagher E-IGHWMO Administrators Q,vd r, % I V47, ,G 7 Julie Vigness-Pint E-IGHWMO Chair Cc: Scott Thureen A Joint Powers Organization of the Cities of Eagan and Inver Grove Heights 3830 Pilot Knob Road, Eagan, MN 55122-1510 Phone: (651) 675-5300 AMENDMENT TO EAGAN-INVER GROVE HEIGHTS WATERSHED JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION THE PARTIES TO THIS AGREEMENT are cities which have land within the Eagan -Inver Grove Heights Watershed. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 2005 §§ 471.59 and 10313.201, et. seq. 1. EXISTING AGREEMENT. The existing Joint Powers Agreement for the Eagan -Inver Grove Heights Watershed Management Organization (dated 2014) shall remain in full force and effect, except as specifically amended by this Agreement. 2. PARAGRAPH/ITEM 6, Subdivision 3 of the Joint Power Agreement is amended by adding the underlined language below: Subdivision 3. Term. Managers and alternates shall serve a three (3) year term and until their successors are appointed and qualify. The council of a member city in its discretion modify the term of a member or alternate at the time of their appointment in order to establish and maintain staggered terms. The terms of the managers and alternates serving on the effective date of this Agreement are as shown on Exhibit A attached hereto. A manager or alternate may not be removed from the Board prior to the expiration of the manager's term, except for just cause by the governing body that made the appointment. The Board of Water and Soil Resources shall be notified of all appointments to the Board and of all vacancies as required by state law. All vacancies shall be filled within ninety (90) days after they occur. The Board shall comply with state laws regarding published notice of Board vacancies. 3. PARAGRAPH/ITEM 7, Subdivision 22 of the Joint Power Agreement is amended by removing the strike though language and adding the underlined language below: Subdivision 22. Proposals for Services. In accordance with Minn. Stat. § 10313.227, the Board &M4 May at least every two (2) years solicit interest proposals for legal, professional, or technical consultant services before retaining the services of an attorney or consultant or extending an annual services agreement. 4. PARAGRAPH/ITEM 7, Subdivision 24 of the Joint Power Agreement is amended by removing the strike though language and adding the underlined language below: Subdivision 24. Annual Report. On-erhefefe April 1, Under State Policy the Board shall file with the Board of Water and Soil Resources and the clerk of each member an Annual Report which includes either a financial activity report, a aeti ity Nep^4, and or an audit report for the previous fiscal year, and meetings the requirements of Minn. Stat.§ 10313.231 and Minnesota Rule Part 8410.0150. IN WITNESS WHEREOF, the undersigned cities, by action of their councils, have caused this Agreement to be executed. Approved by the City Council CITY OF EAGAN 2016 By: Its Mayor Its City Clerk IN WITNESS WHEREOF, the undersigned cities, by action of their councils, have caused this Agreement to be executed. Approved by the City Council CITY OF INVER GROVE HEIGHTS , 2016 By: And Its Mayor Its City Clerk 4 AMENDMENT TO EAGAN-INVER GROVE HEIGHTS WATERSHED JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION THE PARTIES TO THIS AGREEMENT are cities which have land within the Eagan -Inver Grove Heights Watershed. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 2005 §§ 471.59 and 10313.201, et. seq. 1. EXISTING AGREEMENT. The existing Joint Powers Agreement for the Eagan -Inver Grove Heights Watershed Management Organization (dated 2014) shall remain in full force and effect, except as specifically amended by this Agreement. 2. PARAGRAPH/ITEM 6, Subdivision 3 of the Joint Power Agreement is amended as follows: Subdivision 3. Term. Managers and alternates shall serve a three (3) year term and until their successors are appointed and qualify. The council of a member city may in its discretion modify the term of a member or alternate at the time of their appointment in order to establish and maintain staggered terms. The terms of the managers and alternates serving on the effective date of this Agreement are as shown on Exhibit A attached hereto. A manager or alternate may not be removed from the Board prior to the expiration of the manager's term, except for just cause by the governing body that made the appointment. The Board of Water and Soil Resources shall be notified of all appointments to the Board and of all vacancies as required by state law. All vacancies shall be filled within ninety (90) days after they occur. The Board shall comply with state laws regarding published notice of Board vacancies. 3. PARAGRAPH/ITEM 7, Subdivision 22 of the Joint Power Agreement is amended as follows: Subdivision 22. Proposals for Services. In accordance with Minn. Stat. § 10313.227, the Board may at least every two (2) years solicit interest proposals for legal, Page 1 of 2 professional, or technical consultant services before retaining the services of an attorney or consultant or extending an annual services agreement. 4. PARAGRAPHATEM 7, Subdivision 24 of the Joint Power Agreement is amended as follows: Subdivision 24. Annual Report. Under State Policy the Board shall file with the Board of Water and Soil Resources and the clerk of each member an Annual Report which includes either a financial activity report, or an audit report for the previous fiscal year, and meets the requirements of Minn. Stat.§ 10313.231 and Minnesota Rule Part 8410.0150. IN WITNESS WHEREOF, the undersigned cities, by action of their councils, have caused this Agreement to be executed. Approved by the City Council CITY OF EAGAN , 2016 By: Its Mayor And Its City Clerk IN WITNESS WHEREOF, the undersigned cities, by action of their councils, have caused this Agreement to be executed. Approved by the City Council CITY OF INVER GROVE HEIGHTS , 2016 By: Its Mayor And Its City Clerk Page 2 of 2 Agenda Information Memo November 15, 2016 Eagan City Council Meeting CONSENT AGENDA N. Wetland Replacement Plan Application MN Eagan Ventures, LLC (Viking Lakes) Action To Be Considered: Approve an application from MV Eagan Ventures, LLC, to replace wetland impacts by withdrawal of wetland bank credits. Facts: ➢ Minnesota Wetland Conservation Act rules (MN Rules Ch. 8420) provide for local government units to be responsible for wetland -related decisions. ➢ On June 21, 2016, the City Council approved a wetland replacement plan for the first phase of development of the new home of the Minnesota Vikings professional football team on a 200 -acre parcel in northeast Eagan. The plan allowed 33,788 ft2 (0.7756 acre) of wetlands to be filled and for those impacts to be replaced by withdrawing 67,576 ft2 (1.5512 acres) of wetland bank credits. ➢ On September 29, 2016, the City received an application from MV Eagan Ventures, LLC for a wetland replacement plan for the second phase of development that will accommodate the alignment of Vikings Parkway and a new campus of Twin Cities Orthopedics, P.A. ➢ The applicant plans to fill 8,125 ft2 (0.1865 acre) of additional area of one 1.52 - acre wetland and to replace those impacts by withdrawing 16,250 ft2 (0.3730 — acre) of credits from the °'Tom Ryan" wetland -bank it -Rice Count . ➢ MN Rules Ch. 8420.0745 requires any approval of such a wetland replacement plan to be conditional upon the applicant certifying the bank credits have been officially withdrawn before the City permits any wetlands to be filled. ➢ Public Works/Water Resources has reviewed the wetland replacement plan application and found it to be complete and in compliance with MN Rules Ch. 8420.0500 - 8420.0522 and to be in order for favorable Council action, subject to the above required condition. Attachments: (1) CN -1 Notice and Application, Vikings Parkway Relocation Wetland Replacement M N Wetland Conservation Act Replacement Plan Application Vikings Parkway Relocation Eagan, Minnesota Prepared for: MV Eagan Ventures, LLC September 21, 2016 BES Project No. 2015.053 .Opr z nvironmental Ws3 s 9—th St_ Ri - , F.H., WI 5�zz 711-3o7-577 �6oP.aygn6mo:�o� MV Eagan Ventures, LLC Vikings Parkway Relocation Eagan, Minnesota Wetland Replacement Plan Application Contents 1) Minnesota Local/State/Federal Application Forms 2) Notice of Decision on Wetland Delineation 3) Corps of Engineers No Jurisdiction Letter 4) Wetland Replacement Plan Narrative 5) Project Location Map (Figure 1) 6) USGS Map (Figure 2) 7) Sketch of Wetlands on the Site (Figure 3) 8) Soil Survey (Figure 4) 9) Site Plans (Appendix A) 10) Approved Phase I Plans (Appendix B) If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the applicant Is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent's contact information must also be provided. Applicant/i.andowner Name: galling Address: 9520 Viking flmvt�, rden Pmirfe, MN Phone- 952-829-6500 E-mail Address: poppens@vikings.nfl.net Authorized Contact (do not complete If some as above): Mailing Address: Phone - E -mail Address: Agent Name. Bopray Environmental Sf.,trvire.,;., Kelly Bopray Mailing Address: N7831 920t"' Street, River Falls, WI 54022 Phone., 715-307-4-577" E-mail Address: kibopray@yahoo.com If you know that your proposal will require an Individual Permit from the U.S. Army Corps of Engineers, you must provide the names and addresses of all property owners adjacent to the project site. This Information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at. 11111 i�illill,lil�� 111111111��ililill �llillillill 1111111�i� If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings showing the location, character, and dimensions of all proposed activities and aquatic resource impacts. We shifted the eastern half of Vikings Parkway from the center of the Site to the southern part of the Site, essentially flipping the commercial hub of the Project. Relocating Vikings Parkway greatly improves; access to Project amenities, connectivity within the Project, improves the natural environment around wetlands F and 6 and Improves traffic and pedestrian safety. Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 11 Project Name and/or Number: PART FOUR: Aquatic aMV if your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) Identify each impact in the table below. Include all anticipated impacts, Including those expected to be temporary. Attach an overhead view map, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed impacts. Label each aquatic resource on the map with a reference number or fetter and identify the impacts in the following table. F ! .Aquatic Aquatic Type of Impact Duration of i " � Existing Plant Gcsunty, Major, Aquatic Resource Resource TVpe excavate, Impact Overall Size of i Community Watershed fR, fl ID (as noted on E {wetland, lake, drain, or Permanent(P) Sire of Irnp:xctZ Aquatic Types) in and Sank overhead view) tributary Etc.) remove or T rnporary Rescaurce 3 i impavegetation)('1`} Service: Area # vegetation) x of impact Areas I wetland fill p 7186s ac J 1 S2d4 ac Shaitow marsh DNkolm, 33, 9 'if impacts are temporary; enter the duration of the impacts In days next to the"r. For example, a project with a temporary access fill that would be removed after 220 days would be entered "r (220)". 'impacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre at greater should be reported as acres and rounded .to the nearest 0M acre. Tr€butaey impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact along the flowline of the stream followed by the area Impact in parentheses). For example, a project that impacts So feet of a stream that is 6 feet wride would be reported as 50 it (300 square feet). -'This is generally only applicable if you are applying for a de min€mis exemption under MN Rules 8420.0420 Subp. 8, otherwise anter "NIA". 'Use Wetland Plants and Plant Community Types of Minnesota and Witswnstn 31d Ed. as modified In MN Rules 8420,0405 5ubp. 2. sReferto Major Watershed and Bank Service Area maps In MN Rules 8420.0522 Subp, 7: If any of the above Identiiled impacts have already occurred, Identify which impacts they are and the circumstances associated with each., n/a Check here if you are requesting a ae application consultation with the Corps and LGL1 ba provided. Regulatory entities will not initiate a formal application review' if this box is checked. By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the authority to undertake the work descri m4ereln. Signature: 41 Date: 9/28/16 ray Envirc offientat Services to act on my behalf as my agent In the processing of this application and to furnish, upon request, supplemental Information In support of this application. The term Impact" as used in this Joint application forret Is a generic term used for disclosure purposes to identify activities that may require approvai from one or more regulatory agencies. For purposes of this form it is not meant to indicate whether or not those activities may require mitigation/replacoment. Minnesota Interagency water Resource Application Form February 2014 page 4 of 11 Project Name and/or Number: Project Purpose, Need, and Requirements. Clearly state the purpose of your project and need for your project. Also include a description of any specific requirements of the project as they relate to project location, project footprint, water management, and any other applicable requirements. Attach an overhead plan sheet showing all relevant features of the project (buildings, roads, etc.), aquatic resource features (impact areas noted) and construction details (grading plans, storm water management plans, etc.), referencing these as necessary: See attached narrative for details. Avoidance. Both the CWA and the MCA require that impacts to aquatic resources be avoided if practicable alternatives exist. Clearly describe all on-site measures considered to avoid impacts to aquatic resources and discuss at least two project alternatives that avoid all Impacts to aquatic resources on the site. These alternatives may Include alternative site plans, alternate sites, and/or not doing the project. Alternatives should be feasible and prudent (see MN Rules 8420.0520 Subp. 2 Q. Applicants are encouraged to attach drawings and plans to support their analysis: See attached narrative for details. Minimization. Both the CWA and the WC:A require that all unavoidable impacts to aquatic resources be minimized to the greatest extent practicable. Discuss all features of the proposed project that have been modified to minimize the impacts to water resources (see MN Rules 8420.0520 Subp. 4): See attached narrative for details. Gff-Slte Alternatives. An off-site alternatives analysis Is not required for all permit applications. If you know that your proposal will require an individual permit (standard permit or letter of permission) from the U.S. Army Corps of Engineers, you may be required to provide an off-site alternatives analysis. The alternatives analysis is not required for a complete application but must be provided during the review process in order for the Corps to complete the evaluation of your application and reach a final decision. Applicants with questions about when an off-site alternatives analysis is required should contact their Corps Project Manager. 5e,e, attached narrative for details. Minnesota Interagency Water Resource Application Form February 2014 Project Name and/or Number: Ti�illillill�ililill Jill Cim�rlete this ;ra-t if y*yr RXX[icatii i7jvsives watl2A-ii! wetland replacement program. Applicants should consult Corps mitigation guidelines and WCA rules for requirements. ReplacamentlCompensatory Mitigation via Wetland Banking. Complete this section if you are proposing to use credits from an existing wetland bank (with an account number in the State wetland banking system) for all or part of your replacement/compensatory mitigation requirements. ........... Wetland Bank Major Bank Credit Type Account # County Watershed service (if applicable) Number of Credits Area # 174 Rice 33 9 0.3730 ac Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at least a tentative agreement to utilize the identified credits for the project. This documentation could be a signed purchase agreement, signed application for withdrawal of credits or some other correspondence indicating an agreement between the applicant and the bank owner. However, applicants are advised not to enter into a binding agreement to purchase credits until the mitigation plan is approved by the Corps and LGU. Project -specific Replacement/permlittee Responsible Mitigation. Complete this section if you are proposing to pursue actions (restoration, creation, preservation, etc.) to generate wetland replacement/compensatory mitigation credits for this proposed project. Corps Mwisation WCA Action Eligible Credit % Credits major J Compensation for Credit' ReAuested Anticipated Watershed 0 'Refer to the name and subpart nurnber in MN Rule 8420.0526. ZRefer to the technique listed in St. Paul District Poilcy for 141rdand Compensatory Mitigation in Minnesota, If WCA and Corps crediting differs, then enter both numbers and distinguish which is Corps and wh1ch is WCA. Explain how each proposed action or technique will be completed (e.g. wetland hydrology will be restored by breaking the tile ...... and how the proposal meets the crediting criteria associated with it. Applicants should refer to the Corps mitigation policy language, WCA rule language, and all associated Corps and WCA guidance related to the action or technique: Attach a site location map, soils map, recent aerial photograph, and any other maps to show the location and other relevant features of each wetland replacement/mitigation site. Viscuss In detail existing vegetation, existing landscape features, land use (on and surrounding the site), existing soils, drainage systems (if present), and water sources and movement. Include a topographic map showing key features related to hydrology and water flow (inlets, outlets, ditches, pumps, etc.): Minnesota Interagency Water Resource Application Form February 2014 Attach a map of the existing aquatic resources, associated delineation report, and any documentation of regulatory review or approval. Discuss as necessary: For actions involving construction activities, attach construction plans and specifications with all relevant details. Discuss and provide documentation of hydrologic and hydraulic analysis of the site to define existing conditions, predict project outcomes, identify specific project performance standards and avoid adverse offsite Impacts. Plans and specifications should be prepared by a licensed engineer following standard engineering practices. Discuss anticipated construction sequence and timing: For projects involving vegetation restoration, provide a vegetation establishment plan that includes information on site preparation, seed mixes and plant materials, seeding/planting plan (attach seeding/planting zone map), planting/seeding methods, vegetation maintenance, and an anticipated schedule of activities: For projects involving construction or vegetation restoration, identify and discuss goals and specific outcomes that can be determined for credit allocation. Provide a proposed credit allocation table tied to outcomes: Provide a five-year monitoring plan to address project outcomes and -credit allocation: Discuss and provide evidence of ownership or rights to conduct wetland replacement/mitigation on each site: Quantify all proposed wetland credits and compare to wetland impacts to identify a proposed wetland replacement ratio. Discuss how this replacement ratio is consistent with Corps and WCA requirements: By signature below, the applicant attests to the following (only required If application involves project-specific/permittee responsible replacement). a Previously restored or created under a prior approved replacement plan or permit 0 Drained or filled under an exemption during the previous 10 years fa Restored with financial assistance from public conservation programs • Restored using private funds, other than landowner funds, unless the funds are paid back with interest to the individual or organization that funded the restoration and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement. o The wetiand will be replaced before or concurrent with the actual draining or filling of a wetland. e An irrevocable bank letter of credit, performance bond, or other acceptable security will be provided to guarantee successful completion of the wetland replacement. within 30 days of either receiving approval of this application or beginning work on the project, I will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s) will be located and submit proof of such recording to the LGU and the Corps. Applicant or Representative:Title: 'FOO,'C-r—C> Signature: Date; 7� Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 11 Transaction Form for Withdrawal of Wetland Credits r. W from the Minnesota Wetland Bank u the Layout est this torm tool�,- itworreCt, C11Ck 0.11 Piei-il, EaH Documen Credit Mar To be completed by the person or entity proposing to use The wetland credits. Name. Steve Poppen CFO Organization (if applicable). MV Eagan Ventures, LLC Streat Address: 9520 Viking Drive, City, State, Zip- Eden Prairie, MN 66344 Phone: 952-828-6500 E -Mail Address*: poppens@Akings.ni'l-net 2. Wetland Impact Information . . . . . . . . . . . Ig they. save to your Qornputer. This space is for BWSR use only. Debit Date. Total Replacement Required (acres). 0.3730 Impact Bank Service Area: 9 U.S, Antsy Corps Permit 0 (if applicable)- N/A "Sec. 1 Twp, 27 Rge. 23 LOU File # (if applica(ale): **Projects with mulUple impact locations should use the most central location in relation to the project as a whole. Comments: 3. Regulatory4AI:l —V`V14W-'W0V-q" VIP IV I I jurisdiction, and c) approve the proposed use of the watland bank credits described herein. WCA LOU/Agency: City of Eagan . E-mail add s% ernacbeth@cityofd2gan,com LOU Representative: Eric Macbeth Signature, Date., - - ---------------------------- ------- ------ (for NRCS, USACE, etc. if applicable) Agency Nsme/Locatlon- zmn�� E-mail addrew. Signature: DAW *Confirmation will be e-mailed to user, seller, and regulatory representative when the transaction Is complete. If you would like others notified, enter e-mail addresses here. Rev 3/16/2015 Transaction Form for WMdrawal of Wetland Gradits Page I of 3 W-MNVt'Kr66.Ea9e%mo\Perrnit Adclitional Wefland\4 MV Bagan Veiitures LLC_WetBankWithdrawa1.docx W Transaction Form for Withdrawal of Wetland Credits HE from the Minnesota Wetland Bank Account Number 174 County: Rice Credit E 'ubgroup Wifthdraw (acre—=�04 of Purchased Credits (cost pa cmditx number of ff TOTAL does not calculate, right oikk Update Fletcl Table wm'bwsr� 11 By signature below I seller and holder of the aforementioned account in the ftte of Minnesota WeVand Mitigation Bank certify that: 1) The cTedds described in this application have been sold to the credit user or will be used for my own project; 2) 1 have recalved payment in full from the buyer (if applicab[6); 3) The credits described in this application have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the wetland impact information block on the previous page; 4) The credits describefln this application should be vvithdrawn from my amount; and 5) 1 vAl not have a nogafive balance of credits after the riubject credits are debited tom my account Seller Name (print): Tom Ryan Seller e-mail*: 1. The account holder of the credits is responsible for submittal of this form, containing signatures, to the BWSR Wetland Bank Administrator so the affected account can be properly debited. 2. No impacts to any wedand or other water resource may commence until the credits have been debited and a copy of this form, With stamped debit date, has been received by the regulatory authority(ios), the account holder, and the credit user. 3. This ibrm is not an application fbrmAt is a transaction form to be used in association with an approved project that impacts wetlands and requires wetland replacement. When this forin is completed and all required signatures are obtained, send With the fee check(s) to: Wetland Bank Administration Minnesota Board of Water and Soil Resources 520 Lafayette Road North Saint Paul, MN 65155 Rev 3/16/2015 Transaction Form for Withdrawal of Wetland Credits Page 2 af-3-- CAU­X0wne"=ktmVWS F0m\2WS Prq)&=VQ'IS-WR EVS-MN Vgk%6, E"M MPITerinit Additional Wetlau&4 MV Eagan Ventures LLC —WetBankWithdrawaI.&cx Y MET LAN D AGREEMENT FOR PURCHASE OF WETLAND BANKING CREDITS `This Agmement for Pumhase of Welland Banking Cmifts ",,k miff") is made this 9" day of Sopt em&5r, 2016 betwitmi Wedmid Credit Agency, LIZ Cl)rakar") aim MV linam Ventums', LLC ('1Buym1')-. (Broker and Buyer wv collectivel-v mforred to as "Pardee), WETLA-ND CREDIT ACCOUNT(S) It— — Amt. Wx County major watershed BSA Account O%vncr 174 Rico 33 – Minnesota (Shah-opeeii-9 Toni Ryan L Buyer agrees to buy the wetland banking, otedits ("CredW) listed below: CIREIKES TO BE SOLD Acres Ore. 39 Plant communityrype Cost Per Acmunt Total T Acre I Ntmibor 174 i I �9 0373 U BLOM i3%47,i;204. $14,623.09 'A separate cmAit s­SmAT shall be vitablishod for. wetland or wadand aa that leu difibmat wadand charactmistiv,%. Ti lar 39 Vpm: 1, IL, 2,3,4,5,6,7, 8,11$ U. 'WiMod mat commeally typet. sballovy oft Water, deep a1mrsh" shallowW"� , stege mpadow, ftwh mtwo%,. Wet 10 Ivet-mes'le praide, calcamous fad open &-48 or conlibrom bog, shmh-cala klar thicket. hardwazd swamp or coniform mmup, noodpwinfbftml' "atonally &Mded basim Sft Wedmd HeNn "d P&M comawnwa aikitumes"w'd and Wbv&,d,v (Eggeop ovdfte4 1997) as modified by the Board ofWater sod Sod Renal,"% umiw states Army Corps 1 Statoment Regm-ding its. 3. Buyer will pay a total of $14,623,09 f the Credits, as follows, a) $14.623.09 to be paid on the Closing Date defined and listed bcjow-P Pagel of2 Wetland CrWft Apaw, LLC 12940 Overlook Road, Dayton, M 55327 * 612-360,4700 V23J-1-14 , in addition to the Ems f r the Credits in pan, graph 3, Buyer e s to pad' a wfthdrawal rea of $786,29 to Broker as r uit° d by RWSRt At clasin& Broker will execute a chk made out for this a - mount payable to BS. e The closing of the purchaw, and sale shall occur on or before November 9"10 2016("Closing Data")a The Closing fate may only be extended or changed by vWitten co=ent of both Parties. Upon payment of the purchase pri g Broker attests that Seller has agreed to sign a fully executW application for With& awal of Credits in the form speoffied by RS. . Buyer shall apply to the City of Eaga% Minnesota ( City) and any other required regulatory or 7. Buyer aVems that Broker is acting in good faith on behalf of a third Seller, and that if Seller fails to perform under this Agreement, Broker shall have liability to Buyer and shall not be bold responsible for any claims or dwnages. Hoyer waives any and all claims that Buyer has or may have against Broker resulting fiorn this Agreement. Broker shall however refund any Monies paid to it by Buyer. ,.:19139111 against Brokex if the proposed replacernant plan is not appmved by the required governmental entities or N'.W414 4M Page 2 of W602nd Crtdit Agency, LIX e 129480vatook_ Road, Dayton,'RIN 65327 4, 612-304700 ConMinnesota servation "` s. Notice of Decision Local Government Unit (LGU) j Address Cit of Eagan ! 3501 Coachman Pt l,a an, MN 55122-1452 WIVIIINN Niel 2I#rjkTj; Applicant Flame Project Name Date of Application MVZ Ventures, LLC; Attu; 2706 Lone teak Road Application Number Mr. Steve roppen Class W 1— Protect 1019124f 5 15100905 Attach site locator mala. Type of Decision: ® Wetland Boundary or Type E] No -Loss El Exemption ❑ Sequencing ❑ Replacement Plan ❑ Banking Plan Technical Evaluation Panel Findings and R.ec€ rnmendation (if any): N/A ® Approve ❑ Approve with conditions ❑ Deny 2. LOCAL O . ERNM DECISION Date of Decision: November 23, 2015 ® Approved (LGU staff decision) ❑ Approved with conditions (LGU decision: Replacement Plan) E Denied LGU Findings and Conclusions (attach additional sheets as necessary): Wetland delineation report (October 8, 2015) from Bopray Environmental Services, LLC (Kelly Bopray, BWSR Forms 1.1 -25-09 Pagel of 3 sufficiently confirms the locations, sizes, and types of 11 wetlands on the parcel. Per Fagan City Code § 11.67 Wetland Protection and Management Regulations, the wetlands are hereby classified as follows: • Wetland A Class W 1— Protect • Wetland B Class W3 — Priority A • Wetland C Class W3 -- Priority A • Wetland D Class W3 — Priority A • Wetland E Class W3 —Priority A • Wetland F Class W3 — Priority A • Wetland G Class W3 —Priority A • Wetland H Class W 1— Protect • Wetland I Class W3 — Priority A • Wetland J Class WI — Protect • Wetland K. Class W3 — Priority A BWSR Forms 1.1 -25-09 Pagel of 3 For Renlacement Plans uginp creditq from the gtste Wetbind Rank- N/A Bank Account # .Bank Service Area County Credits Approved for Name Title Eric Macbeth Withdrawal Replacement Pian Approval Conditions. In addition to any conditions specified by the LOU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For project -specific replacement that is not in -advance, a financial assurance specified by the LOU must be submitted to the LOU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LOU Findings). ® Heed Recording: For project -specific replacement, evidence must be provided to the LOU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland' forms have been filed with the county recorder's office in which the replacement wetland is located. [] Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LOU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LOU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LOU upon re uest. Name Title Eric Macbeth Water Resources Manager Signature Date Phone Number and E-mail November 651) 675-5300 30, 2015 ernacbeth ci afea an.o THIS DECISION ONLY APPLIES TO THE MINNESC}'I'A WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized this decision is started before the time period or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the marling of this Notice to the following as indicated: L.IIGto V11G. Appeal of an LOU staff decision. Send ® Appeal of LOU governing body decision. Send petition and $300.00 fee to: petition and $500 filing fee to: N/A Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 BWSR Forms 11-25-09 Page 2 of 3 4. LIST OF ADDRESSEES SWCD"TEP member: Brian Watson, Dakota County SWCD BWSR TEP member: Dennis Rodacker, BWSR DNR TEP member: Leslie Parris, MDNR; Jennie Skancke, MDNTR El wmo:NiA ED Applicant: Mr, Steve Popper, AIVZ Ventures, LLC; Kelly Ropray, Bopray Environmental Services, LLC El Members of the public who requested notice: N/A 0 Corps of Engineers Project Manager: Ryan Malterud, USCOE El BWSR Wetland Bank Coordinator: NIA >For a list of BWSR TEP representatives, see: www.bwsr.state.mn.tis/aboutbwsr/%,orkareas/A'C'A areas,wdf >For a list of DNR TEP representatives, see: f Denortmant of Npimrs] R &-,mireaq R PA'nn%l Offin,-.Q- NW Re NE Region: Central Region: Southern .Region: Reg. Env. Assess. Ecol. Reg. Env, Assess. Ecol. Reg. Env. Assess, Ecol. Reg. Env. Assess. Ecol. Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources 2115 Birchniont Beach Rd. 1201 E. H.wy. 2 1200 Warner Road 261 Hwy. 15 South NE Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 Bernidji,MN 56601 For a map ot.L)NI? Administrative Regions, see: !%�//Iiies.drir.state.iTin.tis/aboutdnL/dnrjeg_ioilapdf >For a list of Corps of Project Managers, see: or send to: Dept. of the Army, Corps of Engineers, St. Paul District ATTN: CO -R, 190 Fifth Street East St. Paul, MN 55101-1638 >For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North 6. ATTACHMENTS ....................... ............. In addition to the site locator map, list any other attachments: BWSR Forms 11-25-09 Page 3 of 3 N Not to Scale Figure 1. Location Map F 2700 Lone Oak Site s Eagan, Minnesota -)Opj E noir onm nt aProject No. 2015.053 REPLY TO ATTENTION OF REGULATORY BRANCH JAN 1 1 2016 Regulatory File No, 2015-03919-RMM Bopray Environmental Services LLC c/o Mr. Kelly Bopray N7831 920th Street River Falls, Wisconsin 54022 Dear Mr. Bopray: This letter is in response to your request for an approved jurisdictional determination for a 186 -acre property located in Section 1, Township 27N, Range 23W, Dakota County, Minnesota The review area for our jurisdictional determination is identified on the attached Figure I. The review area contains no waters of the United States subject to Corps of Engineers jurisdiction. Therefore, you are not required to obtain Department of the Army authorization to discharge dredged or fill material within this area. The rationale forthis determination is provided in the attached Approved Jurisdictional Determination form. This determination is only valid for the review area shown on the attached Figure 1. If you object to this approved jurisdictional determination, you may request an administrative appeal under Corps regulations at 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. if you request to appeal this determination, You must submit a completed RFA form to the Mississippi Valley Division Office at the address shown on the form. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR 331.5, and that it has been received by the n, iviqinn nffira wi+kin an .4-..- _r' 11 - I -- It is not necessary ,to submit an RFA form to the division office if you do not object to the determination 'in this'letter This approved jurisdictional determination may be relied upon for five years from the date of this letter. However, the Corps reserves the right to review and revise the boundary in response to changing site conditions, information that was not considered during our initial review, or off- site activities that could indirectly alter the extent of wetlands and other resources on-site. This determination may be renewed at the end of the five year period provided you submit a written request and our staff are able to verify that the limits established during the original determination are still accurate. 3ntified by the How polygon B6 acres) Approximate Site Boundaries Figure 3. Aerial Photo With Approximate Wetland Boundaries 50prar} 2700 Lone Oak Site Environmental Eagan, Minnesota Project No, 2015.053 s' �c€ r �f Environmental N7£5t 9ze;65f- Ki—Fdt_, W1 y:azz ,t 3-ias-'a'i77 436a���r�a�zboo.�o Wetland Replacement Plan Viking Parkway Relocation MV Eagan Ventures, LLC Eagan, Minnesota September 21, 2016 PROJECT DESCRIPTION AND LOCATION On June 21, 2016, the City approved rezoning, Preliminary Planned Development and Preliminary Subdivision approvals for our project formerly known as the "Northwest Eagan Development" and now known as "Viking Lakes" ("Project"). The Project is situated on a 200 -acre site in northeast Eagan, south of Interstate 494 on O'Neill Drive between Lone Oak Road and Ames Crossing Road ("Site"). Vikings Parkway bisects the Site. The site is located in Section 1, T27N, R23W, City of Eagan, Dakota County, Minnesota (Figure 1). The first Phase includes the new home of the Minnesota Vikings professional football team and future phases will potentially add retail, office, medical office, multifamily residential, hotel, and conference center uses. The Second Phase of the Project will include a new campus for Twin Cities Orthopedics, P.A. Construction on Phase 2 is intended to , commence in the spring of 2017. This Replacement Plan Application is for one additional wetland impact that will occur as a result of the relocation of Viking Parkway from Phase 1 to Phase 2 of the Project. The eastern half of Vikings Parkway will be shifted from the center of the Site to the southern part. Relocating Vikings Parkway greatly improves access to Project amenities, connectivity within the Project and pedestrian and traffic safety. SITE DESCRIPTION As shown on the U.S.G.S. Quadrangle map (Figure 2), the topography on the site is rolling with several isolated drainage areas. Several of these drainage basins have been interconnected by the existing stormwater Viking Parkway Relocation Wetland Replacement Plan Application September 21, 2016 Page 2 of 5 treatment and conveyance system. The site included two large vacant office buildings with extensive surface parking areas. An aerial photo with the approximate wetland locations and extent is included in Figure 3. The wetland delineation report by Bopray Environmental Services LLC, (October 8, 2015) has been reviewed and approved by the City of Eagan. The Corps of Engineers has made a no -jurisdiction determination for the site. The wetland boundaries were surveyed by EVS and incorporated into the site plans. A soil survey map for the site is attached as Figure 4. Ten wetlands and two stormwater basins were identified on the overall site. Phase 2 construction impacts includes the northern tip of Wetland I. Wetland I is a Type 3, Shallow Marsh basin dominated by cattails and reed canary grass that has been incorporated it the City's stormwater system. Refer to the Wetland Delineation Report for details of the specific wetland and adjacent uplands characteristics. PROJECT NEED AND PURPOSE Phase I of the project focused on the Minnesota Vikings facilities that consolidate their administrative, football and other operations into a new headquarters and training facility for operating efficiencies and to provide a state of the art training facility for players and coaches. At that time the existing road, now called Vikings Parkway, through the center of the site was largely going to remain in place. As details of the Vikings facilities and future phases of the overall site were developed, traffic and pedestrian safety issues were identified with the current location of Vikings Parkway. In order to meet current roadway design standard and avoid impacts to Wetlands F and G, the road was going to be necked down from four to three lanes. Although it met the purpose of avoiding wetland impacts, it was realized that this would result in additional traffic due to the high volume of pedestrian traffic in the area and Viking Parkway would become an impediment to safe and efficient pedestrian traffic between the stadium and the public parking facilities. Relocating the eastern half of Vikings Parkway to the south part of the site resolves the traffic and pedestrian safety issues. The southern route with a new roundabout connection at Ames Crossing Road give the City greater flexibility to extend Vikings Parkway to the east for a possible future connection with Argenta Trail without having to reconstruct a large part of Ames Crossing Road. It also creates an opportunity to better incorporate the natural amenities of Wetlands F & G into the site plans for public access and uses. Viking Parkway Relocation Wetland Replacement Plan Application September 21, 2016 Page 3 of 5 PROPOSED WETLAND IMPACTS The revised overall grading plan and a detailed Wetland Impact Exhibit are included in Appendix A. One wetland impact area is proposed as part of the Phase 2 project. Because the approximately 20 -foot difference in elevation between the proposed Vikings Parkway and Wetland I, substantial fill will be required for the side slopes of the road. This wetland impact will result in the loss of 0.1865 acres (8125 SF) of wetland. Preliminary plans for the future Phases of the site were modified to avoid impacts to the other wetlands on the site. The including the impacts in Phase I which have already been mitigated, total wetland impact for the Project will only be 0.9621 acres. SEQUENCING Avoidance Alternatives Since the "no -build" alternative for the Project was described in the original Wetland Replacement Plan application and was determined to not to be a reasonable and prudent alternative, the same determination would be applicable to a Phase of the original Project. Approval of the overall plans has established reasonable expectations and limitations of social, economic, and environmental impacts. Alternative Sites Alternative sites were not explored since the proposed project purpose is to relocate an existing roadway within the site in order improve site access and improve traffic and pedestrian safety. Alternative Configurations and Impact Minimization As designed in Phase I Vikings Parkway required widening from a two lane roadway to a four lane divided roadway with median and left turn lanes. Additionally, it was to be moved to the south approximately 50 feet to minimize grading issues and it was reduced to three lanes between Wetlands F & G. This design did avoid impacts to Wetlands F, G and L However as specific site designs were developed it became evident that there would be potential traffic congestion and pedestrian safety concerns. The original design, as an alternative to the relocated Vikings Parkway, could not be considered a reasonable and prudent alternative to the proposed 0.1865 acres of wetland impacts because it would create a potentially unsafe environment that would be unacceptable. Viking Parkway Relocation Wetland Replacement Plan Application September 21, 2016 Page 4 of 5 To maximize developable space in Outlot B for the Twin Cities Orthopedic medical campus, Vikings Parkway could have been proposed further south. This would have resulted in doubling the impacts to Wetland I and potentially impacts to Wetland H. In order to minimize wetland impacts Vikings Parkway was shifted north and the medical campus was reconfigured to avoid Wetlands F and G, and to minimize impacts to Wetland I. Wetland Buffer Landscaping Wetland Buffers on the entire site will be established around each of the wetlands on the site in accordance section 11.67 of the City Code. Depending on the classification of the individual wetlands either a conservation easement or a wetland buffer easement will be placed over the wetlands and their adjacent buffers. Wetland buffer markers provided by the City will be installed at the upland edge of the wetland buffer at least every 75 feet. Disturbance of the wetland buffers during site development will be kept to a minimum. The grading plan and landscape plan identifies the buffer areas that will be disturbed. Prior to disturbance of the wetland buffer area appropriate erosion control measures will be installed and maintained until the vegetation is established. Revegetation of the wetland buffer will be done in accordance with the project grading and seeding specifications by a qualified contractor utilizing methods descried in the MNDOT Standard Specifications for Construction. No fertilizer will be placed in the wetland buffer areas. A local ecotype of MN seed mix 35-241 or an approved equivalent will be planted along with a nurse crop of oats or rye. COMPENSATOR MITIGATION -PLAN Mitigation Requirements It is proposed wetland mitigation will be accomplished with wetland banking using a bank site within the same major watershed and wetland bank service area as the wetland impacts. There are no wetland bank credits available in the same minor watershed or in Dakota County. WCA guidance indicates the minimum replacement ratio for the proposed approach for mitigation is 2:1. The total replacement required for the project is 0.3730 acre. Mitigation banking is proposed to be used to provide the 0.3730 acres (16250 square feet) for an overall replacement ratio of 2:1 Viking Parkway Relocation Wetland Replacement Plan Application September 21, 2016 Page 5 of 5 Off -Site Mitigation The "Tom Ryan" wetland bank (#174) would be used to provide 0.3730 acres of mitigation credits. This bank has Upland Buffer wetland credits that are single wetland credits (SWC). The bank is located in the Lower Minnesota River Major Watershed and Wetland Bank Service Area 9 which is the same as the impact site. MV Eagan Ventures, LLC is negotiating a purchase agreement to acquire these credits from the owners of the wetland banks. MONITORING Since there is no on-site wetland mitigation there would be no annual wetland monitoring requirements. The Wetland bank site has been monitored by the bank owner and reported to the LGU and BWSR in order to deposit credits in the bank. r SWELLING STATE PARK Not to Scale Figure 1. Location Map A5 MV Eagan Ventures, LLC Site Eagan, Minnesota 50 P ra,9 Project No. 2015.053 Environmental A N Not to Scale Figure 2. U.S.G.S. Quadrangle Map MV Eagan Ventures, LLC Site opraq Eagan, Minnesota Environmental Project No. 2015.053 X* Not to Scale Approximate Project Boundaries Approximate Site Boundaries Figure 3. Aerial Photo with Approximate Wetland Boundaries MV Eagan Ventures, LLC Site csrEaa Eagan, Minnesota Project No. 2015.053 Soil Map Unit Legend 150B Spencer silt loam, 2-6% slopes, 5% Hydric soils. 279B Otterholt silt loam, 1-6% slopes, 8% Hydric soils 279C Otterholt silt loam, 6-15% slopes, 8% Hydric soils 342B Kingsley sandy loam, 3-8% slopes, 5% Hydric soils 342E Kingsley sandy loam, 15-25% slopes, 0% Hydric soils 344 Quam silt loam, 95% Hydric soils 454C Mahtomedi loamy sand, 8-15% slopes, 0% Hydric soils 454E Mahtomedi loamy sand, 15-25% slopes, 0% Hydric soils 895C Kingsley, Mahtomedi, Spencer complex, 8-15% slopes, 0% Hydric Soils 1816 Kennebec variant silt loam, 10% Hydric soils. 1824 Quam silt loam ponded, 100% Hydric Soils Figure 4. Dakota County 9 Soil Survey Map MV Eagan Venture, LLC Site aq Eagan, Minnesota Environmental men Project No. 2015.053 W �E m o µVi U ` Ill 0 ry F_ z W o m � x w wn ti� n LL wwFm z �\: � Z Q< w w g w w Z. �,P s3m o > ,� ctW�wa ¢U.$'a U O �X w z � �w w lk , ..... _ , f .. i } F j , t s.. cp • I I 1 _ ...,.. / I i �+ L\ + i f i /i /✓ / /' m IN N i Umm Q p rZ Ell Z kL Z<Fio Z¢$�o Wye C � v ,<;\ Y ¢W was°® ssa LIJ U Iw —�� m O zz -v > w �a»pl O C, 0 m �X w LLI r � Z ` { .r:. / \ i_ _ �` `, �s yw _ ��ir t t t.• - J r t lit ; r��ir F u C) �Fg ' r. � rYDwo J s e >z3m i z omww zi mVIE aa t Ill t i,. \ ��... ✓ t a i : W g V e' Yw a » s C w F- z € 1 1 1 `� >zZ N W w a Z i 8�' owOa ¢ W a ¢tie$ $z J °w, Z>O C) u D.p�w wEm wUp„ Q Z ¢ 3t•.'s cwt n w^ W aw=� z W W¢ w ggse -a d owa ape C ¢__ pt o F= > Q w > f i! 3 £eu IL U ��Sm Jw'm oz� W �B3y gs U' a m s 55: V 5°° a - Z €i , \ o f tJt OR l� s; z I 3 D g_ T ,• i l S aN mxwUOLL'^rc°mF p¢E9w Ola wU' if! € Y E I 1 8JO wo wa>izaw� �Nr°N �Ogzo ..v \ ° - � N € II �' ✓, I iiJE _ ,; ao�o.9<� m rc Ld I1 a°€wza���w au�u °o �o «-„ \aw ow°�ozozww� bi zN 53oN zo rt r - •. ..s �`' ar`- '�`' 1 $Iz m.wawN�amrc �zuz pU TE T<w m3 ra-rwmp<Nrc ��o Nr No ° �� R µ z N ma aw o 3a vNi ao twoow?�� o m as z $oz UW. off pWzg iQ tillyll 1 - L.I � _.( - o 0. as ow a 8a.no.°o off m" ol—I zOU z F 3w i t NE I)6 �i� "u in wo�� ° t �t tt#€i€ I I ��� t ✓ _...`"i"�Nmao JdI �. IS i#T _ E'g., t'^'^' - T '€ _# .......3 t Oz O O� U wUSi .000z. Oz U' V5 6- {- II ✓'r Le' ---` � 4 4�?"\I w Go po s�p°�¢y�w�F<PE F w r _ w � ?z' ���w i 8 aEa z° v°°a55555v�c°io Ymww�$H w�uIT ^°ogr� ¢°O3 rt/ \ -' i \�✓/ff' "\\~\� i I "' f 8 m F Nw.� € �`•r' l f f /,�� \\�" nl� 1- _, i '� \,,,.."•fi'r o o a 3N ire o � `, �.\ \ ✓.J € -,' ..,,9z 144.��S�R I �W c�.za a000 ?ate ��oQ�w�� 1` ..✓ ii ft - ® ®IY� wo � ���� �Raz'Qu w gg r. M ¢ ¢ U5MO a3p €°o�m�az - / �fjr ,r 1 � Fo° ti. s g5s / \ W ?? 00l ¢>'z pjw wtpOww Do °p OZZNtimmU -bt➢�}r}("t oz a o ~'° am 3 o owF ao�rc o�^moo$ €t. € z \i�-'+..\ .. i r�!% „-i3' \ _ E i;€;l�rr' m i•" .. w o� a° °am„ N�¢U wpm am o _ .,.✓.!y r _ I\ ,. `� ¢ oo or°�� °gym`- _aw po- i a€1 1 1 r t� ' \ - C_ ',i�! � -�- \I� 1• 1V' rr. owul 0 3°�' waw FpUm ° z w m m €t€ 1 €i I \ p y \. \ ,4 :\ t �y`, 11.i �t- .✓'� � m° � � °mwaLL °�pacao¢o €€ ti 1` €€'t � '\\ �aP � 1 \ '\\\Y%, '� \..CO .i %''✓....�' ,6`� 1€ t,'€ /'^� u N < m Agenda Information Memo November 15, 2016 Eagan City Council Meeting CONSENT AGENDA O. West Publishing Company 5th Addition Easement Vacation Action To Be Considered: Receive a petition to vacate public easements located on Lots 1 and 2, Block 1, West Publishing Company 5th Addition and schedule a public hearing to be held on December 20, 2016. Facts: ➢ On October 24, 2016, City staff received a letter and petition from Thor and Paula Raarup, owners of 3630 Elrene Road, requesting the vacation of the existing drainage and utility easements on Lots 1 and 2, Block 1, West Publishing Company 5th Addition. The petition to vacate public easements has been submitted for Council consideration to schedule a public hearing on December 20, 2016. The public easements were dedicated on the plat of West Publishing Company 5th Addition, at no cost to the City, to provide for public drainage and utility purposes. ➢ The purpose of the request is to allow the recording of a final plat (re -plat) of the property as Raarup Addition. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. Any new easements will be dedicated as part of the new plat and will not be acquired with City funds. ➢ The new plat, Raarup Addition, will dedicate public easements that will adequately address any public street and drainage and utility purposes. The proposed plat is scheduled for Council consideration at a future Council meeting. ➢ Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled -- - public hearing. Attachments (2) CO -1 Location Map CO -2 Legal Description Graphic AIRNDOTAIIRIOI77S 1 T\WIL I Gliff Road APPLE KILLGY ROSRAIOUNT Map of Location for Proposed Easement Vacation Lots 1 & 2, Block 1 City of Eap of West Publishing Co 5th Addition Fig. 1 Prepared by: City of Eagan GIS -TMS File: L:\USERS\ENGINEER\TStrid\Easement Vacations\West Publishing Co 5th Addition Fig.1 11/3/2016 b� Gliff Road APPLE KILLGY ROSRAIOUNT Map of Location for Proposed Easement Vacation Lots 1 & 2, Block 1 City of Eap of West Publishing Co 5th Addition Fig. 1 Prepared by: City of Eagan GIS -TMS File: L:\USERS\ENGINEER\TStrid\Easement Vacations\West Publishing Co 5th Addition Fig.1 11/3/2016 F— CJ vE zmya� O;Da -A m >- z E v mm g mMc� 0 m o mao'HeWaouo) m VA MISS RK ?'Ti m!°Pnb4 yy,, I� 1 i l try 9 ,r�I h ..J e.�.l�'l it 'F !d\4J4� F'4 ',Ffl,Q }9 D 1S.oL'., 9i-VIGi 8646.289 ��3 W31mUL'\'QdYJS�lY7 6tloxeAYm qNY[ aevQ es[aira7u3 ZZ4Z 'sr�mivlaaxn cm�eeawm<'Q,vi �W :1C➢;� i;� i� I,loqd6. nso(l {CC�.o ®q LS.r)@ L7 awx.T Q72 G p N 1d _ m p� I ,1 C\ -cz r'�m L'. mJ �1. �e U fi V W � I pro E- ro 'O I.: Q o c a p C a d i d �y p c c ms v'C 4 3$ z a F�F gva� ; ane C U vZD0 m °c ( 00 E � D$ `0 Oc m m m D y F— CJ L!J v ter' m in r Z a' -v +gym 2 msro+ a ~ D vE zmya� O;Da -A m >- z E v mm g mMc� 0 m o 0'i5 -o _ C D ° e D"0 Im y .0 Elf {CC�.o ®q N° �.. Q72 G p N _ m p� I L� aoFS o -cz r'�m L'. mJ �1. �e U fi V W � I pro E- ro 'O I.: Q o c a p C a d i d �y p c c ms v'C 4 3$ z a F�F gva� ; ane U vZD0 m °c ( o D$ `0 Oc kii t'- oa�o ymvo mo IL `ow 4 z ADO �a m I5 y L!J v ter' m in r Z a' -v +gym 2 msro+ a ~ D vE zmya� O;Da -A m >- z E v mm g mMc� 0 m o _0 v pO $y Cc Eo -o CaHa$'m 0 ro o ° y ° e D"0 Im y cN++g G 0]_d' --E Elf {CC�.o ®q N° A 2D. U i°is cn _ p� -cz r'�m L'. �1. �e U fi V W � I pro E- ro 'O ° m E- a d 0.oJN•°^ v e 0 #$ 4 3$ z SOV000 y, v1' yay• o D$ `0 Oc i I ! D mo Dva,°E= _ `ow 4 z ® �a m I5 y o 8yc�oa c L!J v ter' m in r Z a' -v +gym 2 msro+ a ~ D vE zmya� O;Da -A m >- z E v mm g mMc� 0 m o _0 v pO $y Cc Eo -o CaHa$'m 0 ro o ° y ° e D"0 Im y cN++g G 0]_d' --E o w {CC�.o ®q N° A 2D. U i°is cn _ p� -cz r'�m �e U V W pro w m ro 'O ° m a d 0.oJN•°^ v e 0 #$ 4 3$ z SOV000 y, v1' yay• o D$ `0 Oc mo Dva,°E= _ `ow OsaH a ®9#GSM ® �a m 'n m0 .� o 8yc�oa c �� S�OZ ��S OCaC°1 Z� m yy rooao d �• m OaEd U E D m m m y a aa a aoun�w ,� Agenda Information Memo November 15, 2016, Eagan City Council Meeting P. Approve Amendment to Fifth Extension of Amended and Restated Preliminary Development Agreement for Master Developer Services for the Cedar Grove Redevelopment District Action To Be Considered: Authorize and approve an amendment to the Fifth Extension of Amended and Restated Preliminary Development Agreement for Master Services for the Cedar Grove Redevelopment District. Facts: ➢ The EDA and the City have an agreement with Pratt Development, Inc. to serve as the Master Developer for the Cedar Grove District. As part of the agreement, it is contemplated that Pratt Development, Inc. would work with other developers to sell EDA property within the Cedar Grove District. ➢ At the time of the original agreement, it was not contemplated that a parking garage would be constructed as part of the Cedar Grove Redevelopment Area. ➢ With the density of the area, it is contemplated that sale of the property within the area may include the sale of easement rights for parking stalls within the parking garage. ➢ The City Attorney has advised that the agreement with Pratt Development, Inc. should be modified to reflect that when a market value purchase price reflects payment for parking easements, the agreement should state that Pratt Development, Inc. is entitled to a commission for the sale of the easement rights. ➢ The commission is payable only once and does not include any payments that may be made to the EDA for parking garage's maintenance and major reserve fund. Attachments: (1) CP -1 Amendment to Fifth Extension of Amended and Restated Preliminary Redevelopment Agreement AMENDMENT TO FIFTH EXTENSION OF AMENDED_ AND RESTATED PRELIMINARY REDE'VELOPME T AGREEMENT This Amendment to Fifth Extension of Amended and Restated Preliminary Redevelopment Agreement ("Amendment") is made this _ day of November, 2016, by and between Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter the "EDA"); the City of Eagan, Minnesota municipal corporation (the EDA and the City of Eagan are hereinafter collectively referred to as the "City"); and Pratt Development, Inc., a Minnesota corporation (hereinafter referred to as the "Redeveloper"). (The City and Redeveloper are hereinafter collectively referred to as the "Parties.") WHEREAS, the City and Redeveloper entered into an Amended and Restated Preliminary Redevelopment Agreement dated March 15, 2011, which has been amended on five prior occasions (the "Redevelopment Agreement"); and WHEREAS, the Redevelopment Agreement identified Redeveloper as the Master Developer for the Core Area of the Cedar Grove Redevelopment District depicted on Exhibit "A" (the "Redevelopment Property"); and WHEREAS, the Redevelopment Agreement contemplated that the Redeveloper would recover a commission upon the sale of the Redevelopment Property; and WHEREAS, the Fifth Extension of the Redevelopment Agreement neglected to include recovery of commission in the event the EDA sells easement rights within the Cedar Grove Parking Garage (the "Parking Garage"); and WHEREAS, the Parties are desirous of amending the Fifth Extension to provide for such commission payments. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. AMIBNDMI.NT OI, Firri-i ExII NSION Qt, Rt -,p vui.,oPMENT _AGRl.l3MENT. The Fifth Extension of the Redevelopment Agreement shall be amended by adding the following: REcQWRY OF POSSIBLE Commv SIGN. From the date of this Amendment going forward, the Redeveloper is hereby granted the permission to list the Redevelopment Property outlined on the attached Exhibit "A" with the multiple listing service. In the event of the sale of the Redevelopment Property, the EDA will pay a total commission of ten percent (10%) to Redeveloper as well as on any initial contribution paid by any buyer for spaces within the Parking Garage. No commission shall be earned on any future payments made by any buyer for annual maintenance of the Parking Garage and any contribution made by any buyer to the major repair reserve for the Parking Garage. 2. No Al)I)ITIONAL AmLtyi2Ui-.N,cs. Except as amended by paragraph 1 above, all terms of the Fifth Extension to Redevelopment Agreement remain in full force and effect. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation 57 Mike Maguire Its: President By: - David M. Osberg Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Cheryl Stevenson Its: Deputy Clerk PRATT DEV IOPME:NT, INC., a Wmesot rporatioii By: Leonard Pratt Its: President 2 STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of November 2016, by Mike Maguire and David M. Osberg, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of November 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, Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this '/A- day of 1Voy C►t.6..*/ 2016, by Leonard Pratt, the President of Pratt Development, Inc., a Minnesota corporation, on behalf of '66 ANNE R. MARISTUEN Notary Public -Minnesota PAv ComrnTWon Erp M Jon 31,20W. 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: 206-26768) Notary Public 1 (lf Z Lij P_'.• � � ' i � -`1 � �' Fid _ C +L+ O _ _,..� __ � �.. - � t _ :�`r��-,moi • _ � � 0 I. e CLLL _J tmit �f p 0) , Aeclz �. �� • �t��, a fes- t }� 4 _ �4 . _ r�+4 _ � �'+� y •'w r> }�� j c SC Rpt gu tAl 40* It t. .. r ��. '� + a ♦ -,'^,. ,�- u �-, � Oro Agenda Information Memo November 15, 2016 Eagan City Council Meeting CONSENT AGENDA Q. Approve Resolution of Support for County -Wide Engagement on Transportation and Transit Planning and Financial Commitment from Dakota County for the Operation and Improvement of the Cedar Avenue Transitway/Red Line Bus Rapid Transit System Action To Be Considered: To Approve a Resolution of Support for County -Wide Engagement on Transportation and Transit Planning and Financial Commitment from Dakota County for the Operation and Improvement of the Cedar Avenue Transitway/Red Line Bus Rapid Transit System. Facts: ➢ Dakota County recently made a decision to no longer be a member of the Counties' Transportation Improvement Board (CTIB). ➢ The Dakota County 2030 Transportation Plan identifies opportunities for transit way improvement projects and coordination with Cities within Dakota County. ➢ Dakota County has indicated a willingness to start a collaborative process of engaging Cities regarding the future transportation and transit needs, and future funding for the transit and transportation needs in Dakota County. ➢ Future planning must include the full financial support for the current operations and future improvements to the Cedar Avenue Transit Way and Red Line BRT. Attachments: (1) Q-1 Resolution WHEREAS, Dakota County leaders will soon need to address how transportation and transit improvements will be funded in light of their decision to leave the CTIB; and WHEREAS, the City appreciates the County's willingness to engage and collaborate with its stakeholders, including the Minnesota Valley Transit Authority, in addressing these important issues. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan, Dakota County, Minnesota, that the City supports County -wide engagement on transportation and transit planning and funding and looks forward to being actively engaged with Dakota County leaders in the development of the vision, policies and implementation plans affecting transportation and transit in our community and all of Dakota County; and BE IT FURTHER RESOLVED THAT, in light of the County's decision to no longer be part of the CTIB, it is essential that such plans include full financial support for the current operations and future improvements envisioned for the Cedar Avenue Transitway/Red Line BRT. Motion by: Seconded by: Those in favor: Those against: Date: November 15, 2016 Certification CITY OF EAGAN CITY COUNCIL Its Mayor Its Clerk I, Cheryl L. Stevenson, Deputy City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15th day of November, 2016. Cheryl L. Stevenson, Deputy City Clerk Agenda Information Memo November 15, 2016, Eagan City Council Meeting CONSENT AGENDA R. APPROVE the 2015-2016 Airport Relations Commission Work Plan Action To Be Considered: Approve the 2016-2017 Airport Relations Commission Work Plan Facts: ➢ The City Council and Eagan Airport Relations Commission (ARC) discussed the proposed 2016-2017 ARC Work Plan at the Special City Council Workshop on November 9, 2016. ➢ The Council and ARC dialogued about the efforts proposed by the ARC for the coming year, and directed the work plan to a future City Council meeting for formal consideration. Attachments: (1) ➢ R-12016-2017 ARC Work Program City of 6apn 2016-2017 Eagan Airport Relations Commission (ARC) Work Plan Work Plan Topic Presenters/Invited Schedule (tentative) Guests Joint Meeting with Mendota Heights Bryan Rykes, MAC Wednesday, September • MAC update from new director and Stage V Aircraft Executive Director 14,2016; 7pm Mendota update from MAC staff Heights City Hall Brad Duffer, MAC Noise staff Mendota Heights Airport Relations Commission Joint Meeting with the City Council Wednesday. November 9, • Converging Runway Operations Procedures (and Dana Nelson, MAC 2016, 5:30pm—Eagan Impact on Runway Usage) Mgr—Noise, Room (with Council) • Presentation of ARC 2016-2017 Work Plan Environment and • Overview and anticipated impact of Stage V and Next Planning 7pm Eagan City CouncilChambers (regular ARC Generation Aviation; fleet mix changes at MSP* Elaine Buckner, FAA mtg) Regular ARC Meeting (to follow meeting with Council) • Changes to RNAV arrival procedures/public outreach • Nighttime Runway Use • Use of the Eagan/Mendota Heights Corridor versus Runway 17 for eastbound departures (Summer 2016) • Committee Reports/Updates: Stage V and Next Gen Regular ARC Meeting Tuesday, January 10, 2017, 7pm • FAA and Airline: Impact of Next Gen on MSP Airport FAA Designee • Committee Reports/Updates: Stage V and Next Gen • Plan/Discuss need for October 2017 open house (in Delta Chief Pilot specific neighborhood and/or focus on impacts of Stage V going into effect)—consider "virtual" open house and video options? 2016-2017 ARC Work Plan Page 2 Work Plan Topic Presenters/Invited Schedule (tentative) Guests Tour of FAA Control Center (Farmington) Tuesday, March 14, 2017, 7 m Joint Meeting with Mendota Heights Brian Rykes, MAC Tuesday, May 9, 2017, • "State of the Airport" Update Executive Director 7pm, Eagan City Hall • Summarize Eagan Committee effort (Next Gen and Stage V) Ibrahim Mohamed, MAC Commissioner (invite) Goals Workshop Tuesday, July 11, 2017, 7 m 2017 Street Alive Event—ARC Booth Date: TBD • Location: TBD ARC Town Hall Meeting TBD October 2017 Ongoing ARC Efforts Review at monthly ARC • Monthly review of MAC technical reports, including meetings in 2016-2017 Corridor compliance, fleet mix, and runway usage • Receive feedback from the public on airport issues • Review and provide feedback on Noise Oversight Committee initiatives and studies • Ongoing communication efforts about airport issues via Experience Eagan, City website, social media and cable TV • Participation in MAC aviation disaster drills • Participate in Streets Alive community event Agenda Information Memo November 15, 2016 City Council Meeting V. CANVASS ELECTION RESULTS Action To Be Considered: To certify the results of the November 8, 2016 City Council Election. Facts:  Minnesota Statute 205.185 Subd. 3 requires the governing body of a city to certify its election results between the third and tenth day after an election.  The following are the results for the City Council race: Dave Meyer 11149 20.77% Mike Supina 12212 22.74% Meg Tilley 14719 27.42% Cyndee Fields 15220 28.35% Write Ins 384 0.72%  Minnesota Statute 204C.36 states that a losing candidate for a municipal election may request a publicly funded recount if the difference between the votes cast for the winning candidate and the losing candidate is less than 0.5%.  The difference between the votes cast for the candidates does not meet the threshold for a publicly funded recount.  Within seven days after the election results are certified, a losing candidate may request a recount. When the difference between the votes cast for the losing candidate and the winning candidate is greater than 0.5%, the candidate who requests the recount is responsible for the City’s recount expenses.  Dakota County provided the abstract to the City of Eagan on Tuesday, November 15. Attachments: V-1 Mayor and City Council Election Abstract Abstract of Votes Cast In the Precincts of the City of Eagan State of Minnesota at the STATE GENERAL ELECTION Held Tuesday, November 8, 2016 as compiled from the official returns. Summary of Totals City of Eagan Tuesday, November 8, 2016 STATE GENERAL ELECTION Number of persons registered as of 7 a.m. 43077 Number of persons registered on Election Day 4342 Number of accepted regular, military, and overseas absentee ballots and mail ballots 11285 Number of federal office only absentee ballots 36 Number of presidential absentee ballots 1 Total number of persons voting 38540 Summary of Totals City of Eagan Tuesday, November 8, 2016 STATE GENERAL ELECTION KEY TO PARTY ABBREVIATIONS NP - Nonpartisan Council Member (Eagan) (Elect 2) NP Dave Meyer 11149 NP Mike Supina 12212 NP Meg Tilley 14719 NP Cyndee Fields 15220 WI WRITE-IN** 384 Detail of Election Results City of Eagan Tuesday, November 8, 2016 STATE GENERAL ELECTION Precinct Persons Registered as of 7 A.M. Persons Registered on Election Day Total Number of Persons Voting 19 1710 : EAGAN P-01 815 86 759 19 1720 : EAGAN P-02 2858 522 2489 19 1730 : EAGAN P-03 2053 221 1870 19 1740 : EAGAN P-04 2583 356 2199 19 1750 : EAGAN P-5A 2813 289 2526 19 1755 : EAGAN P-5B 2249 261 2023 19 1760 : EAGAN P-6A 2030 255 1773 19 1765 : EAGAN P-6B 2763 187 2494 19 1770 : EAGAN P-07 2958 320 2662 19 1780 : EAGAN P-08 2729 217 2464 19 1790 : EAGAN P-9A 2747 334 2407 19 1795 : EAGAN P-9B 1209 67 1068 19 1800 : EAGAN P-10 1702 219 1525 19 1810 : EAGAN P-11 1465 142 1320 19 1820 : EAGAN P-12 1358 112 1214 19 1830 : EAGAN P-13 2578 202 2342 19 1840 : EAGAN P-14 1890 115 1715 19 1850 : EAGAN P-15 1764 170 1622 19 1860 : EAGAN P-16 2569 156 2305 19 1870 : EAGAN P-17 1944 111 1763 City of Eagan Total: 43077 4342 38540 Detail of Election Results City of Eagan Tuesday, November 8, 2016 STATE GENERAL ELECTION Office Title: Council Member (Eagan) (Elect 2) Precinct NP Dave Meyer NP Mike Supina NP Meg Tilley NP Cyndee Fields WI WRITE-IN** 19 1710 : EAGAN P-01 214 231 302 247 9 19 1720 : EAGAN P-02 706 708 1007 874 19 19 1730 : EAGAN P-03 519 555 672 785 31 19 1740 : EAGAN P-04 567 669 852 752 32 19 1750 : EAGAN P-5A 723 662 1014 1003 21 19 1755 : EAGAN P-5B 582 613 769 821 17 19 1760 : EAGAN P-6A 556 537 755 706 28 19 1765 : EAGAN P-6B 748 788 982 1117 30 19 1770 : EAGAN P-07 816 816 1049 1006 17 19 1780 : EAGAN P-08 688 870 984 1063 14 19 1790 : EAGAN P-9A 676 701 881 947 18 19 1795 : EAGAN P-9B 313 350 377 391 4 19 1800 : EAGAN P-10 402 428 583 573 23 19 1810 : EAGAN P-11 389 389 485 519 16 19 1820 : EAGAN P-12 342 411 442 472 20 19 1830 : EAGAN P-13 631 839 946 923 20 19 1840 : EAGAN P-14 504 769 576 573 14 19 1850 : EAGAN P-15 488 461 632 677 13 19 1860 : EAGAN P-16 763 835 784 955 21 19 1870 : EAGAN P-17 522 580 627 816 17 Total: 11149 12212 14719 15220 384 We, the legally constituted county canvassing board, certify that we have herein specified the names of the persons receiving votes and the number of votes received by each office voted on, and have specified the number of votes for and against each question voted on, at the STATE GENERAL ELECTION held on Tuesday, November 8, 2016 As appears by the returns of the election precincts voting in this election, duly returned to, filed, opened, and canvassed, and now remaining on file in the office of the City of Eagan Clerk. Witness our official signature at ________________________________ in _________________________ County this _____________ day of ______________, 2016. ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board State of Minnesota City of Eagan I, __________________________________________________, Clerk of the City of Eagan do hereby certify the within and foregoing __________________ pages to be a full and correct copy of the original abstract and return of the votes cast in the City of Eagan STATE GENERAL ELECTION held on Tuesday, November 8, 2016. Witness my hand and official seal of office this ________ day of ________________, 2016. ______________________________________________ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER November 15, 2016 111�41_IAwexel211 l B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. AUTHORIZE and APPROVE an amendment to the Fifth Extension of Amended and Restated Preliminary Development Agreement for Master Services for the Cedar Grove Redevelopment District. D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS Agenda Information Memo November 15, 2016 Eagan Economic Development Authority Meeting NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPTAGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENTAGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVE MINUTES EDAC1-1 Minutes of the August 16, 2016 EDA meeting 2. AUTHORIZE and APPROVE an amendment to the Fifth Extension of Amended and Restated Preliminary Development Agreement for Master Services for the Cedar Grove Redevelopment ➢ The EDA and the City have an agreement with Pratt Development, Inc. to serve as the Master Developer for the Cedar Grove District. ➢ As part of the agreement, it is contemplated that Pratt Development, Inc. would work with other developers to sell EDA property within the Cedar Grove District. ➢ At the time of the original agreement, it was not contemplated that a parking garage would be constructed as part of the Cedar Grove Redevelopment Area. ➢ With the density of the area, it is contemplated that sale of the property within the area may include the sale of easement rights for parking stalls within the parking garage. ➢ The City Attorney has advised that the agreement with Pratt Development, Inc. should be modified to reflect that when a market value purchase price reflects payment for parking easements, the agreement should state that Pratt Development, Inc. is entitled to a commission for the sale of the easement rights. ➢ The commission is payable only once and does not include any payments that may be made to the EDA for parking garage's maintenance and major reserve fund. ATTACHMENTS: EDAC2-1 Amendment to Fifth Extension of Amended and Restated Preliminary Redevelopment Agreement D. OLD BUSINESS There are no Old Business items at this time. E. NEW BUSINESS There are no New Business items at this time. 41196> 11W01i 31,&91iI_*71 There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 16, 2016 A meeting of the Eagan Economic Development Authority was held on Tuesday, August 16, 2016 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Osberg, City Attorney Dougherty, and Community Development Director Hutmacher. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Hansen moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as presented. Aye:5 Nay:0 1. It was recommended to approve the minutes of August 1, 2016. There was no Old Business. OLD BUSINESS NEW BUSINESS ic-Hearing to Consider Sale -and -Purchase -Agreement with JR Hospita For Lot 1, Block 1, Cedar Grove Parkway 4th Addition Community Development Director Hutmacher noted on May 17, 2016 the Morrissey Hospitality Group informed City staff the company is not able to proceed with the Home 2 Suites hotel project within the Cedar Grove Redevelopment Area and requested the EDA begin the repurchase process of the property. On July 20, 2016 the Finance Committee recommended preparation of a purchase agreement for a new buyer (JR Hospitality II, LLC). Hutmacher noted to formally consider the sale of publicly owned property for private use, the EDA must hold a public hearing. At its meeting on August 1, 2016 the EDA scheduled a public hearing for consideration of the agreement on August 16, 2016. The public hearing has been noticed and the matter is in order for consideration at this time. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Commission. Commissioner Hansen moved, Commissioner Fields seconded a motion to close the public hearing and adopt Findings of Fact and Resolution approving a Real Estate Purchase Agreement between the Eagan EDA and JR Hospitality II, LLC for Lot 1, Block 1, Cedar Grove Parkway 4th Addition in the Cedar Grove Redevelopment District pursuant to the Real Estate Purchase Agreement presented. Aye: 5 Nay: 0 There was no Other Business. OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director AMENDMENT TO FIFTH EX'T'ENSION OF AMU, NDED AND RESTATED PRELIMINARY REDEVELOPMENT AGREEMENT This Amendment to Fifth Extension of Amended and Restated Preliminary Redevelopment Agreement ("Amendment") is made this _ day of November, 2016, by and between Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter the "EDA"); the City of Eagan, Minnesota municipal corporation (the EDA and the City of Eagan are hereinafter collectively referred to as the "City"); and Pratt Development, Inc., a Minnesota corporation (hereinafter referred to as the "Redeveloper"). (The City and Redeveloper are hereinafter collectively referred to as the "Parties.") WHEREAS, the City and Redeveloper entered into an Amended and Restated Preliminary Redevelopment Agreement dated March 15, 2011, which has been amended on five prior occasions (the "Redevelopment Agreement"); and WHEREAS, the Redevelopment Agreement identified Redeveloper as the Master Developer for the Core Area of the Cedar Grove Redevelopment District depicted on Exhibit "A" (the "Redevelopment Property"); and WHEREAS, the Redevelopment Agreement contemplated that the Redeveloper would recover a commission upon the sale of the Redevelopment Property; and WHEREAS, the Fifth Extension of the Redevelopment Agreement neglected to include recovery of commission in the event the EDA sells easement rights within the Cedar Grove Parking Garage (the "Parking Garage"); and WHEREAS, the Parties are desirous of amending the Fifth Extension to provide for such commission payments. NOW, THEREFORE, in consideration of the mutual covenants and other good and e consideration. the receint and sufficiencv of which is hereby acknowledged, the Parties agree as follows: 1. AMENDMUN ' 01' Fiyru EXIT.-NSION of RL,m-',m,-u,oPmi-,N,r Agiu.:r-MTHr. The Fifth Extension of the Redevelopment Agreement shall be amended by adding the following: RECOVERY OF PoSSmu., COMMISSION. From the date of this Amendment going forward, the Redeveloper is hereby granted the permission to list the Redevelopment Property outlined on the attached Exhibit "A" with the multiple listing service. In the event of the sale of the Redevelopment Property, the EDA will pay a total commission of ten percent (10%) to Redeveloper as well as on any initial contribution paid by any buyer for spaces within the Parking Garage. No commission shall be earned on any future payments made by any buyer for annual maintenance of the Parking Garage and any contribution made by any buyer to the major repair reserve for the Parking Garage. 2. No Am)ITIONAL AMENDMENTS. Except as amended by paragraph 1 above, all terms of the Fifth Extension to Redevelopment Agreement remain in full force and effect. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By Mike Maguire Its: President By: — David M, Osberg Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Cheryl Stevenson Its: Deputy Clerk PRATT DEV - OPMENI, INC., a Mi meso , rhoration By: Leonard Pratt Its: President 2 STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of November 2016, by Mike Maguire and David M. Osberg, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of November 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. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this L7AL - day of /1%lrtn• ,t/ 2016, by Leonard Pratt, the President of Pratt Development, Inc., a Minnesota corporation, on behalf of ROXANNE R. MARISTUEN Notary Public -Minnesota PRy Commluaton J8n 31 , 20?.A Notary Public 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: 206-26768) / L �P �•��fS>Y�`><s-!""'1.'�7Y:frt3 '"� iii ��� i y,.p Lu IN uj N v CL LL �. � Y z f • � wp I� LL a. W tm Agenda Information Memo November 15, 2016 City Council Meeting V. CANVASS ELECTION RESULTS Action To Be Considered: To certify the results of the November 8, 2016 City Council Election. Facts: ➢ Minnesota Statute 205.185 Subd. 3 requires the governing body of a city to certify its election results between the third and tenth day after an election. ➢ The following are the results for the City Council race: Dave Meyer 11142 20.77% Mike Supina 12204 22.75% Meg Tilley 14704 27.41% Cyndee Fields 15208 28.35% Write Ins 384 0.72% ➢ Minnesota Statute 204C.36 states that a losing candidate for a municipal election may request a publicly funded recount if the difference between the votes cast for the winning candidate and the losing candidate is less than 0.5%. ➢ The difference between the votes cast for the candidates does not meet the threshold for-a-pu bl icl ➢ Within seven days after the election results are certified, a losing candidate may request a recount. When the difference between the votes cast for the losing candidate and the winning candidate is greater than 0.5%, the candidate who requests the recount is responsible for the City's recount expenses. ➢ Dakota County will provide the City with the election abstract by Monday, November 14, at which time it will be posted as an attachment to this agenda item and included in the Additional Information Memo. Attachments: V-1 Mayor and City Council Election Abstract (Note: Dakota County will provide the abstract of election results to the City by Monday, November 14, at which time it will be posted to the Council's packet.)