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
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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
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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
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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)
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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.)