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02/07/2017 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 7, 2017 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. PRESENT Police Department Awards to Detectives Maier and Schultz for their efforts in Solving the Arson of Old Town Hall 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 resolution accepting donation from Eagan Ice Crystal Figure Skating Club F. SCHEDULE public hearing date for March 7, 2017 to certify delinquent nuisance abatement bills G. SCHEDULE public hearing date for March 7, 2017 to certify delinquent utility bills H. APPROVE Exempt Permit for The Open Door to hold a raffle on March 2, 2017 at 4030 Pilot Knob Road I. APPROVE Temporary On -Sale Liquor License for Trinity School at River Ridge on February 11, 2017 at 601 River Ridge Parkway J. APPROVE Joint Powers Agreement with Dakota County for the 2017-2021 Wetland Health Evaluation Program K. APPROVE Stormwater Maintenance System Agreement with Davis Family Minnesota, LLC. (1300 Corporate Center Curve) L. APPROVE Plans & Specifications Contract 17-012017 Street Revitalization, and Authorize Advertisement for a Bid Opening on March 16, 2017 M. APPROVE Plans & Specifications Contract 17-02 Bur Oaks Pond Protection Project (Pond GP -1.2 Improvements), and Authorize Advertisement for a Bid Opening on March 15, 2017 N. APPROVE Plans & Specifications Contract 17-03 Cliff Lake Protection Project (Pond AP -42 Improvements), and Authorize Advertisement for a Bid Opening on March 15, 2017 0. APPROVE Plans & Specifications Contract 17-05 2017 Water Quality & Storm Sewer Improvements, and Authorize Advertisement for a Bid Opening on March 16, 2017 P. APPROVE Resolution Designating No Parking on Vikings Parkway (Lone Oak Parkway to Ames Crossing Road) Q. RECEIVE Petition to Vacate Northwest Parkway Right -of -Way MV Eagan Properties, and Schedule a Public Hearing for March 7, 2017 R. REQUEST Advance from Municipal State Aid Road Program S. APPROVE Change Order No. 5, Contract 16-04 Central Maintenance Facilities Upgrades T. APPROVE Exempt Permit for Eagan Baseball Boosters Inc. to hold a raffle on February 26, 2017 at 1940 Rahncliff Court U. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 13-C Stonehaven 5th Addition V. APPROVE Telecommunications Lease Amendment Agreement with Dakota County W. ACCEPT Feasibility Report Project 1208, Seneca Water Reuse X. AUTHORIZE 2017 Community Development Block Grant Application Y. DIRECT staff to prepare an amendment to Chapter 11 for the purpose of updating the Sign Ordinance to reflect several housekeeping items Z. ADOPT a resolution accepting the updated Dakota County All Hazard Mitigation Plan AA. APPROVE a resolution and partnership agreements to accept cash & in-kind donations for upcoming 2017 events from multiple partners BB. APPROVE Memo Of Understanding Between the City Of Eagan and Rasmussen College CC. APPROVE Memo Of Understanding Between the City Of Eagan and Argosy University V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT—The Lincoln Group - A Comprehensive Guide Plan Amendment to change the land use designation of approximately 10 acres from RC, Retail Commercial to LD, Low Density Residential, for a residential development located at 560 & 570 Red Pine Lane B. PLANNED DEVELOPMENT AMENDMENT- White House Custom Colour - A Planned Development Amendment to change the use of Lots 2 and 3 from single -story office and warehouse to multi -story office on Lot 2 and production/warehouse on Lot 3, increasing the total building square footage on both lots 2840 Lone Oak Parkway, and 2920 and 2930 Lone Oak Drive VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPTAGENDA C. CONSENTAGENDA 1. APPROVE EDA Minutes 2. CANCEL Public Hearing for the sale of Outlot B, Paragon Addition to Feb 21, 2017 3. APPROVE Joint Powers Agreement with the Dakota County CDA for 2017 Open To Business Services D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT I Z,� "Tpr City of EaRan Me - TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: FEBRUARY 3, 2017 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 7, 2017 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 7, 2017 City Council agenda, the following items are in order for consideration. Agenda Information Memo February 7, 2017, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Present Police Department Awards to Eagan Police Detectives Maier And Schultz for their Efforts in Solving the Arson of Old Town Hall Facts: ➢ Old Town Hall was set ablaze on September 8, 2013. ➢ The following investigation was very involved and necessitated a lot of skill, determination and fortitude. ➢ Two suspects were identified and were recently sentenced to prison terms due to the involvement of Maier and Schultz in this matter. ➢ The Police Department has an award's program designed to recognize outstanding service. ➢ Detectives Maier and Schultz were recommended for awards for their work related to this case. ➢ Chief McDonald will address the Mayor and Council and briefly describethe circumstances surrounding the recognition. Attachments: (0) Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. Approve Minutes Action To Be Considered: To approve the minutes of the January 10, 2017 Special City Council meeting, January 17, 2017 regular City Council meeting, and January 24, 2017 Special City Council Retreat as presented or modified. Attachments: (3) CA -1 January 10, 2017 Minutes CA -2 January 17, 2017 Minutes CA -3 January 24, 2017 Minutes MINUTES SPECIAL CITY COUNCIL MEETING JANUARY 10, 2017 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Maguire, Fields, Hansen and Tilley. Bakken arrived at 6:33 p.m. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Director of Community Development Hutmacher, Director of Public Works Matthys, and Communications Director Garrison. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 4 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. JOINT MEETING WITH EAGAN'S LEGISLATIVE DELEGATION Mayor Maguire welcomed State Senators Carlson and Klein, and State Representative Masin. He noted State Representatives Halverson was running late. Representative Barr had a last minute change in her schedule and was unable to attend. Also present was Gary Carlson, Intergovernmental Relations Director at the League of Minnesota Cities; Tom Poul, Attorney forMesserli & Kramer, representing the Municipal Legislative Commission; and Patricia Nauman, Metro Cities Executive Director. Mayor Maguire noted it is the tradition of the City Council to meet with the legislative delegation at the first Council workshop in January. Each member of the Legislative delegation introduced themselves, and spoke the committees they will be serving on in the 2017 session. Each representative from the LMC, MLC, and Metro Cities gave an update on several primary issues being addressed in the coming legislative session. The Council, representatives from the lobbying organizations and the legislative delegation discussed what they see coming out of the legislature this year. Mayor Maguire thanked the legislative delegation and representatives from LMC, MLC, and Metro Cities for attending the meeting. COMMUNITY DEVEOPMENT AGENCY STRATEGIC PLAN Mayor Maguire welcomed Dakota County Community Development Agency (CDA) Commissioner/Dakota County Commissioner Tom Egan, and CDA Executive Director Tony Schertler. Tony Schertler gave a short presentation on the CDA's Strategic Planning Outreach. Schertler noted the CDA is looking for feedback on housing and community development activities that will help inform the strategic planning process currently underway by the CDA Board of Commissioners. Special City Council Minutes January 10, 2017 Page 2 Tony Schertler gave a short presentation on the CDA's Strategic Planning Outreach. Schertler noted the CDA is looking for feedback on housing and community development activities that will help inform the strategic planning process currently underway by the CDA Board of Commissioners. The Council and CDA representatives discussed housing and development issues in Eagan. Mayor Maguire thanked Tony Schertler, and Commissioner Egan for attending the meeting. The Council took a 10 minute break. PRESENTATION OF 2016 COMMUNITY SURVEY RESULTS City Administrator Osberg introduced the item noting every two years, the City of Eagan engages an independent research firm to conduct a scientific survey of residents. The City partnered with National Research Center for the 2016 survey. Communications Director Garrison noted the City partnered with National Research Center (NRC) because of its ability to not only gauge resident perceptions of the city, but also to make both regional and national comparisons with peer cities. Garrison introduced Survey Consultant Ashly Perez de Tejada and NRC Vice President Michelle Kobayashi who gave a formal presentation about the key findings of the survey and were available for questions. The City Council offered their observations and feedback with regard to the survey results. There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn at 8:45 p.m. Aye:S Nay:O Date Mayor Deputy City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 17, 2017 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. Michelle Machtemes, Eagan resident, addressed the Council with the request to modify City Code to increase the number of chickens one can have on their property. She also suggested possibly reducing the renewal fee on the chicken permit. The Council directed staff to do additional research on permit fees and how other communities permit the number of chickens on a lot, using lot size as a determining factor. A regular meeting of the Eagan City Council was held on Tuesday, January 17, 2017 at 6:00 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Director of Community Development Hutmacher, Parks and Recreation Director Pimental, Public Works Director Matthys, Assistant City Engineer Nelson, Police Chief McDonald, Fire Chief Scott, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted staff is requesting that Consent Item M — Receive Draft Feasibility Report, Project 1245 —Quarry Road and Schedule Public Hearing for February 21, 2017 be removed from the agenda. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Consent agenda as amended: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the January 3, 2017 regular City Council meeting as presented or modified. B. Personnel Items: 1. It was recommended to authorize the hiring of Police Officer Tyler Gooding. 2. It was recommended to authorize the hiring of Police Officer Matthew Houle. 3. It was recommended to accept the resignation of Jeanette Johnson, Engineering Aide and authorize its recruitment and replacement. 4. It was recommended to authorize the hiring of listed seasonal employees. 5. It was recommended to accept the resignation of listed seasonal employees. City Council Meeting Minutes January 17, 2017 2 page C. It was recommended to ratify the check register dated January 6, 2017. D. It was recommended to approve the ordinary and customary contracts with Lifeworks Services, Inc., The Big Epic Show, and Unite Business Mail. E. It was recommended to authorize the acquisition of a fire engine from CustomFire. F. It was recommended to adopt a resolution to amend the DWI Forfeiture Fund for an expense increase of $44,500 to purchase radars for Police Department squad cars. G. It was recommended to approve a resolution authorizing the issuance and sale on February 21, 2017 of $2,350,000 General Obligation State -Aid Street Refunding Bonds, Series 2017A, related to refinancing of outstanding General Obligation State -Aid Street Bonds, Series 2008A. H. It was recommended to approve an Ordinance Amendment to Section 3.20, Rules and Regulations Relating to Water Service, direct the City Attorney to publish a summary amendment in the legal newspaper, and direct updates to the 2017 Fee Schedule addressing related surcharges/fees. I. It was recommended to authorize the Request for Proposal for Cross Connection Control Services. J. It was recommended to approve the Sperry Tower Lighting Policy for staff implementation. K. It was recommended to approve the plans and specifications for Contract 17-04 (Fitz Lake Water Quality Improvements, Ponds LP -26.3 / LP -26.5) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 2, 2017. L. It was recommended to approve Change Order No. 1 to Contract 16-14 (Central Maintenance Campus —Salt Storage Building) and authorize the Mayor and Deputy City Clerk to execute all related documents. M. It was removed. N. It was recommended to approve the plans and specifications for Contract 16-22 (Vikings Parkway — Street & Utility Improvements), and authorize the advertisement for a bid opening to be held Thursday, March 2, 2017. O. It was recommended to acknowledge the completion of Project 14-A (Great Oaks 2nd Addition), and authorize perpetual City maintenance subject to warranty provisions. P. It was recommended to approve a six-month extension of Preliminary Subdivision approval for Cedar Grove Parkway 5t" Addition to create 2 lots upon approximately 4.1 acres located at Cedar Grove Parkway and Nicols Road, legally described as Outlot A, Paragon Addition. Q. It was recommended to approve the purchase agreement with Art Works Eagan for the acquisition of the Fire Administration Building and authorize the Mayor and Deputy City Clerk to sign the Purchase Agreement PUBLIC HEARINGS Street Improvements for Project 1227, Cedar Industrial Park, Project 1128, Woodgate 2nd Addition, Project 1230, Pinetree Forest, and Project 1235, Halley's 1St Addition (Biscayne Avenue) Assistant City Engineer Nelson introduced the item giving an overview of the proposed street improvements for Projects 1227, 1228, 1230, and 1235. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes January 17, 2017 3 page Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve Project 1227, Cedar Industrial Park, Project 1128, Woodgate 2nd Addition, Project 1230, Pinetree Forest, and Project 1235, Halley's 1St Addition (Biscayne Avenue), Street Improvements. Aye: 4 Nay: 0 2017 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS City Administrator Osberg noted that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: Acting Mayor Mayor Maguire moved, Councilmember Tilley seconded a motion to appoint Councilmember Bakken as Acting Mayor. Aye: 4 Nay: 0 Official Legal Newspaper Councilmember Fields moved, Councilmember Tilley seconded to approve retention of the Burnsville/Eagan Sun Thisweek Newspaper as the City of Eagan's official legal newspaper. Aye: 4 Nay: 0 City Depositories Councilmember Tilley moved, Councilmember Hansen moved to designate Anchor Bank and US Bank Trust as the City's depositories. Aye: 4 Nay: 0 City Council Meeting Schedule Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the 2017 schedule of City Council meetings as presented noting the alternate dates. Aye: 4 Nay: 0 2017 Schedule of Regular City Council Meetings (Including January 2018 meetings) JANUARY 3 MAY 16 OCTOBER 3 JANUARY 17 JUNE 6 OCTOBER 17 FEBRUARY 7 JUNE 20 NOVEMBER 6 3Monday FEBRUARY 21 JULY 5 1 Wednesday NOVEMBER 21 MARCH 7 JULY 18 DECEMBER 5 MARCH 21 JULY 31 2Monday DECEMBER 19 APRIL 4 AUGUST 15 JANUARY 2, 2018 City Council Meeting Minutes January 17, 2017 4 page APRIL 18 101L'1'>l� SEPTEMBER 5 SEPTEMBER 19 'Wednesday, July 5 due to Independence Day 2Monday, July 31 due to National Night Out 3Monday, November 6 due to School District 196 Elections JANUARY 16, 2018 There will be a Listening Session at 6:00 p.m. before each regular Council meeting. 2017 Schedule of Special City Council Meetings, Workshops and First January 2018 Meeting JANUARY 10 MAY 23 (tentative) OCTOBER 10 JANUARY 24 (Council Retreat) JUNE 13 OCTOBER 24 (tentative) FEBRUARY 14 February 28 (tentative) MARCH 14 MARCH 28 (tentative) APRIL 12 1 Wednesday APRIL 25 (tentative) MAY 9 JUNE 27 (tentative) JULY 11 JULY 25 (tentative) AUGUST 8 AUGUST 22 (tentative) SEPTEMBER 12 SEPTEMBER 26 (tentative) 'Wednesday, April 12 due to Passover NOVEMBER 14 NOVEMBER 28 (tentative) DECEMBER 12 No tentative meeting the week of Christmas JANUARY 9, 2018 JANUARY 23, 2018 (tentative) City Council Meeting Procedures Councilmember Tilley moved, Councilmember Hansen seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all regular City Council meetings, and approve the guidelines for public participation in City Council meetings. Aye: 4 Nay: 0 City Council Meeting Minutes January 17, 2017 5 page Councilmember Hansen moved, Councilmember Tilley seconded a motion to formally ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. Aye: 4 Nay: 0 Standing Committee Appointments / Representative Appointments Councilmember Tilley moved Councilmember Hansen seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as presented. Aye:4 Nay:0 Standing Committees: Communications Committee: Councilmember Tilley and Councilmember Hansen Finance Committee: Mayor Maguire and Councilmember Bakken Personnel Committee: Mayor Maguire and Councilmember Fields Public Works Committee: Councilmember Fields and Councilmember Bakken Advisory Commission Liaisons: Advisory Parks and Recreation Commission: Councilmember Tilley Advisory Planning Commission: Councilmember Hansen Airport Relations Committee: Councilmember Fields Energy and Environment Advisory Commission: Councilmember Bakken Intergovernmental Committee Appointments: Caponi Art Park Board: Recreation Supervisory Andersen DCC 2015-2016 Board: Councilmember Hansen (Councilmember Fields as alternate) DCC 2015-2016 Executive Board: City Administrator Osberg (Assistant City Administrator Miller as alternate) Eagan Convention and Visitors Bureau: Mayor Maguire Eagan Funfest Board: Director of Parks & Recreation Pimental LOGIS Board of Directors: Director of Finance Pepper (Assistant City Administrator Miller and IT Manager Cook as alternates) MSP Noise Oversight Committee: Assistant City Administrator Miller (Councilmember Fields as alternates) Minnesota Valley Transit Authority Board: Councilmember Hansen (Assistant Finance Director Feldman as alternate) Monthly Mayor/Manager Breakfasts: Mayor Maguire Municipal Legislative Commission Board: Mayor Maguire Other: (No appointment by City Council — information only) LMC & Metro Cities Policy Advisory Committees: Councilmember Hansen Metro Cities Board of Directors: Councilmember Hansen Testimony at Legislature: All as needed Fire Relief Association Board of Trustees: State Statute 424A.04 requires that a relief association that is directly associated with a municipal fire department must be managed by a board of trustees consisting City Council Meeting Minutes January 17, 2017 6 page of nine members. Six trustees must be elected from the membership of the relief association and three trustees must be drawn from the officials of the municipality served by the fire department to which the relief association is directly associated. The three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. In addition to Fire Chief Scott, the annual designations have been the Mayor and Director of Finance Pepper. OLD BUSINESS There was no old business to be heard. NEW BUSINESS There was no new business to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:17 p.m. Aye: 4 Nay: 0 Date Mayor Deputy City Clerk MINUTES SPECIAL CITY COUNCIL RETREAT JANUARY 24, 2017 3:00 P.M. MOONSHINE PARK RETREAT CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Community Development Director Hutmacher, Finance Director Pepper, Human Resource Manager Peterson, Public works Director Matthys, Parks and Recreation Director Pimental, Fire Chief Scott, Police Chief McDonald, and Communications Director Garrison. ROLL CALL AND ADOPTION OF AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye:5 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. 2017 GOALS AND POLICY DISCUSSION The Council and City staff dialogued about current and emerging goals, issues and projects facing the City of Eagan. There was no other business to be heard. OTHER BUSINESS ADJORNMENT Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the retreat at 8:30 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Authorize the hiring of a Human Resources Analyst, Megan Martin. Facts: ➢ This position was approved in the 2017 budget. ITEM 2. Action To Be Considered: Accept the resignation of the following Seasonal employees: Andrusko, Aiden W Feil, Kevin P Galatowitsch, Peter 1 Kopp, Kristopher Peterson, Susan F Russell, Christopher J Schissel, Riley R Simpson, Noah T White, Riley Rink Attendant Rink Attendant Rink Attendant Building Attenant III Temp Cler Tech 3 - Police Rink Attendant Rink Attendant Rink Attendant Rink Attendant Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated January 13, January 20, and January 27, 2017 as presented. Attachments: (3) CC -1 Check register dated January 13, 2017 CC -2 Check register dated January 20, 2017 CC -3 Check register dated January 27, 2017 Agenda Information Memo February 7, 2017, 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 Deputy City Clerk. Contracts to be approved: ➢ Agreement with Marco for managed printing services ➢ Vendor Contract with Boogie Wonderland for a musical performance during the Food Truck Festival ➢ Entertainment Agreement with G. L. Berg & Associates, Inc. for entertainment at Market Fest ➢ Contract with Ambition Taekwondo for after an school program ➢ Agreement with SVL for equipment servicing at the Eagan Community Center Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA E. Accept donation from Eagan Ice Crystal Figure Skating Club for rink audio system Action To Be Considered: Approve a resolution accepting a donation from the Eagan Ice Crystal Figure Skating Club, specific for the purchase and installation of a rink music audio system. Facts: ➢ The Eagan Ice Crystal Skating Club has used the Civic Arena for many years, and have asked several times for an enhanced audio system for their ice shows. ➢ The Eagan Ice Crystal Skating Club has raised funds in the approximate amount of $3,150 to be used for the purchase and installation of a new rink audio system. ➢ The proposed rink audio system will have a key tag system for downloading preloaded music sets to help with easy transition from show participant to show participant and help ensure proper music is played with each performing skater or group. ➢ There will be some additional benefits for the Civic Arena with this type of system and staff identifies this as a beneficial item for both the club and the arena as a whole. ➢ There will be a few minor costs incurred by the Civic Arena with some additional wiring done at the time of installation, which will be covered with budgeted operations funds. Attachments: (2) CE- 1 Letter from Eagan Ice Crystal Figure Skating Club CE- 2 Resolution January 12, 2017 City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 5 � 1 T9gure Sk atin;z Club Eagan Civic Arena 3870 Pilot Knob Road Eagan, MM 55122 eicfsc@yahoo,com The Eagan Ice Crystal Figure Skating Club is pleased to donate the Rink Music audio system for use in the Civic frena valued at $2150.00. In addition to the system the Club will donate $1,000.00 to help cover the cost of the cabling and installation. The Rink Music system will allow users to upload music to the system's web site and access it in the rink via a swipe of a key tag. That same key tag will work at any other rink that has the Rink Music system. incerely, Diana Buffie President Eagan Ice Crystal FSC CITY OF EAGAN RESOLUTION TO ACCEPT DONATION TO THE CITY OF EAGAN FROM EAGAN ICE CRYSTAL FIGURE SKATING CLUB WHEREAS, Eagan Parks and Recreation operates the Eagan Civic Arena and the Civic Arena hosts the Eagan Ice Crystal Figure Skating Club for both practice and performances; and WHEREAS, The Eagan Ice Crystal Figure Skating Club identified an improved audio system that could benefit their club both in practice and in their ice shows and performances; and WHEREAS, The Eagan Ice Crystal Figure Skating Club raised funds of $3,150 to pay for said improved audio system and donate the installed system to the City of Eagan Civic Arena; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the donation of a new audio system to be installed in the Eagan Civic Arena. Motion made by: Seconded by: Those in favor: Those against: Dated 2-7-2017 CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled the 7' day of February, 2017. City Clerk Agenda Information Memo February 7, 2017, Eagan City Council Meeting CONSENT AGENDA F. Schedule public hearing date for March 7, 2017 to certify delinquent nuisance abatement bills Action To Be Considered: To schedule a public hearing for March 7, 2017 to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. Facts: ➢ On a semi-annual basis, the City reviews and considers delinquent nuisance abatement bills for certification to property tax statements for collection. Nuisance abatement bills include fees for false alarm calls, mowing and noxious weed removal, refuse removal and diseased tree removal. ➢ Additional information will be provided at the time of the public hearing. Attachments: (0) Agenda Information Memo February 7, 2017, Eagan City Council Meeting CONSENT AGENDA G. Schedule public hearing date for March 7, 2017 to certify delinquent utility bills Action To Be Considered: To schedule a public hearing for March 7, 2017 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. Facts: ➢ On a semi-annual basis, the City reviews and considers delinquent utility bills for certification to property tax statements for collection. A Additional information will be provided at the time of the public hearing. Attachments: (0) Agenda Information Memo February 7, 2017, Eagan City Council Meeting WILI14i�affeT04-0171 H. Approve Exempt Permit for The Open Door to hold a raffle on March 2, 2017 4030 Pilot Knob Road Action To Be Considered: To adopt a resolution approving an Exempt Permit for The Open Door to conduct a raffle on March 2, 2017 at St. John Neumann Catholic Church, 4030 Pilot Knob Road. Facts: ➢ The Open Door has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CH -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT THE OPEN DOOR WHERAS, The Open Door has applied for an Exempt Permit to conduct a raffle on March 2, 2017; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for The Open Door to conduct a raffle on March 2, 2017 at 4030 Pilot Knob Road. Motion by: Seconded by: Those in favor: Those against: Date: February 7, 2017 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Cleric I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7 1 day of February, 2017. City Clerk Agenda Information Memo February 7, 2017, Eagan City Council Meeting CONSENT AGENDA Approve a Temporary On -Sale Liquor License and waive the license fee for Trinity School at River Ridge on February 11, 2017 at 601 River Ridge Parkway. Action To Be Considered: To approve a temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge on February 11, 2017 at 601 River Ridge Parkway. Facts: ➢ Trinity School at River Ridge has requested a temporary on -sale liquor license be issued to it for its Winter Classic Event. The event will be held within the school. ➢ Trinity School at River Ridge has requested that the $150.00 license fee be waived. ➢ The organization has met the requirements for a temporary on -sale liquor license and has submitted the required documentation. The application has been reviewed by staff and the Police Department and has been found in order for approval. ➢ Following Council approval, the application will be forwarded to the Department of Public Safety — Alcohol and Gambling Enforcement Division for final approval. Attachments: (0) Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA J. 2017-2021 Wetland Health Evaluation Program Joint Powers Agreement Action To Be Considered: Approve a joint powers agreement with Dakota County to participate jointly with other cities in the Wetland Health Evaluation Program (WHEP) through 2021, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ In 1997, the City of Eagan joined the MN Pollution Control Agency, MN Audubon Society, the MN Zoo, Dakota County agencies, and the cities of Lakeville and Burnsville to implement the first Wetland Evaluation Project, which was funded by the U.S. Environmental Protection Agency. ➢ In 1998, Dakota County's Environmental Education Program initiated the Dakota County Wetland Health Evaluation Project (WHEP), which has now expanded to include many partner cities and watershed organizations in Dakota and Hennepin Counties. ➢ Through the WHEP, volunteers evaluate the ecological quality of wetlands by sampling insect and plant life in selected wetlands and provide meaningful data on wetland health to local governments. The WHEP fosters public awareness of wetland values and health and creates positive partnerships between citizens and local governments. No experience is necessary, and free training is provided. ➢ Since the WHEP's beginning, Eagan volunteers have monitored 39 wetlands, some multiple times. Over 500 volunteers have collected data at over 170 wetlands in Dakota County. ➢ Starting in 2002, after five years of state and federal funding, each local government has supported its own participation in the WHEP. On November 17, 2012, the City Council approved the most recent joint powers agreement that terminated December 31, 2016. ➢ The approved 2017 budget for Public Utilities — Water Quality includes the funding of $3,100.00 for this program. ➢ Water Resources staff have reviewed the agreement and found it to be in order for favorable Council action. ATTACHMENT (1) CJ -1 Proposed 2017-2021 Dakota County WHEP JPA Dakota County Contract C0028721 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF EAGAN FOR THE WETLAND HEALTH EVALUATION PROGRAM The parties to this Agreement are the County of Dakota, a political subdivision of the State of Minnesota (County) and the City of Eagan (City), a governmental and political subdivision of the State of Minnesota. This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. § 471.59. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein. SECTION 1 PURPOSE The purpose of this Agreement is to facilitate the analysis of wetlands located with the City through the Dakota County Wetland Health Evaluation Program (WHEP), which is coordinated and managed by the County, to obtain data and other information to assist both parties in performing their responsibilities under the Minnesota Wetland Conservation Act. SECTION 2 TERM Notwithstanding the date of the signatures of the parties, the term of this Agreement shall commence on January 1, 2017, and shall continue in full force and effect until December 31, 2021, unless earlier terminated by law or according to the provisions of this Agreement. SECTION 3 COOPERATION The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 4 EXERCISE OF POWERS The parties to this Agreement agree that the County shall administer the funds collected hereunder and disburse these funds for expenses incurred by WHEP. SECTION 5 POWERS AND DUTIES OF THE COUNTY 5.1 The County shall administer the WHEP funds on behalf of the City. 5.2 The County shall serve as fiscal agent for the funds collected hereunder. The County shall establish and maintain such funds and accounts as may be required by generally accepted accounting practices. 5.3 The County may apply for and accept gifts, grants, loans and money, other property or assistance from federal or state agencies, or any other person to carry out the WHEP in Dakota County. 5.4 The County may use funds to hire and retain a monitoring coordinator, a non-profit agency, consulting firms and such other personnel as may be needed to provide the services contemplated under this Agreement. Notwithstanding the foregoing, the parties agree that WHEP is a volunteer based program and that data collection shall be performed solely by volunteers trained by the County. All volunteers participating in the WHEP shall be considered agents of the County and not agents of the City. Dakota County Contract C0028721 SECTION 6 FUNDING On or before March 31 each year of the term of this Agreement, the County shall provide to the City a complete WHEP fee schedule for that calendar year, including an itemization of the fee for analyzing each wetland and the fee for performing a quality assurance recheck to enable the City to evaluate whether to participate in the WHEP for that year. the City elects to participate in the WHEP for that year, the City shall notify the County and the County shall provide the services described herein. On or about July 1 of each year that the City elects to participate, the County shall submit an invoice to the City for the WHEP fees for that year and the City shall remit payment to the County within 30 days after receipt of such invoice. SECTION 7 WHEP TIMELINE The parties agree to the following timeline for each year of the term of this Agreement: Spring The County shall provide a WHEP fee schedule to the City and the City shall notify the County if the City elects to participate in the WHEP for that calendar year and identify the specific wetlands to be analyzed. Late Spring and Summer Trained volunteers shall collect data regarding the quantity and variety of plants and macroinvertebrates within each City designated wetland, making note of any invasive species sighted. A consultant hired by the County shall conduct a quality assurance recheck based on monitoring protocols. Fall The consultant hired by the County shall compile and analyze the data collected for all wetlands within the City under the WHEP and prepare a written report on the same. Winter The County shall deliver to the City the consultant's written report and the data collected for all wetlands analyzed within the City. SECTION 8 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the City. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION 9 AUTHORIZED REPRESENTATIVES AND LIAISONS 9.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Georg Fischer or successor, Director Environmental Resources Department 14955 Galaxie Avenue Apple Valley, MN 55124 2 Dakota County Contract C0028721 TO THE CITY: Mike Maguire or successor, Mayor City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 9.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison Paula Liepold Telephone: (952) 891-7117 Email: paula.liepold@co.dakota.mn.us SECTION 10 TERMINATION City Liaison Eric Macbeth or successor Telephone: 651-675-5300 Email: emacbeffiggityofeagan.com Either party may terminate this Agreement at any time upon 90 days written notice to the other party. SECTION 11 GENERAL PROVISIONS 11.1 COMPLIANCE WITH LAWS/STANDARDS. The City and the County agree to abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either party is responsible. 11.2 EXCUSED DEFAULT — FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 11.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the County and the City. 11.4 RECORDS RETENTION AND AUDITS. Each party's bonds, records, documents, papers, accounting procedures and practices, and other records relevant to this Agreement are subject to the examination, duplication, transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05, subd. 5. If any funds provided under this Agreement use federal funds these records are also subject to review by the Comptroller General of the United States and his or her approved representative. Following termination of this Agreement, the parties must keep these records for at least six years or longer if any audit -in - progress needs a longer retention time. Dakota County Contract C0028721 11.5 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the authorized representatives of the County and the City. 11.6 ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. Said consent may be subject to conditions. 11.7 GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minn. Stat. ch. 13. 11.8 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 11.9 MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. 11.10 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates) indicated below. APPROVED AS TO FORM: DAKOTA COUNTY /s/Helen R. Brosnahan January 19, 2017 By Assistant County Attorney/Date KS -16-243-002 County Board Res. No. 16-606 M Georg Fischer or successor, Director Environmental Resources Department Date of Signature: CITY OF EAGAN By By Mike Maguire or successor, Mayor Date of Signature: , City Clerk Date of Signature: Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA K. Approve Stormwater Management System Maintenance Agreement Davis Family Minnesota, LLC. (1300 Corporate Center Curve) Action To Be Considered: Approve a Stormwater Management System Maintenance Agreement with Davis Family Minnesota, LLC, owner of the Sun Country Headquarters site, at 1300 Corporate Center Curve, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Davis Family Minnesota, LLC, the property owner at 1300 Corporate Center Curve, has added and fully reconstructed 2.37 acres of impervious surface (asphalt surface) on said site. The scale and type of proposed work requires a grading permit and compliance with City Code Sec. 4.34 stormwater requirements. ➢ In order to meet Sec. 4.34 stormwater requirements for the addition or full reconstruction of impervious surface of 10,000 square feet or greater, the applicant has installed three infiltration/bioretention basins, one pre-treatment basin, and soil remediation for areas of disturbed/graded soils that were revegetated on the site to reduce and treat the stormwater runoff. Stormwater overflow is connected to the public stormwater management system. ➢ City Code requires a long-term maintenance agreement with the owner to ensure continued and proper functioning of the private stormwater management system. This agreement has been drafted and reviewed by the City Attorney's office and Public Works Department personnel, which includes exhibits provided by the owner's consulting engineer. ➢ The City Attorney and Public Works Department personnel find the agreement to be in order for favorable Council consideration. Attachment (1) CK -1 Stormwater Management System Maintenance Agreement STORMWATER MANAGEMENT SYSTEM MAINTENANCE AGREEMENT This Stormwater Management System Maintenance Agreement ("Agreement") is made this day of , 2017, by and between Davis Family Minnesota, LLC, a Minnesota limited liability company (the "Owner"), and the City of Eagan, a Minnesota municipal corporation (the "City"). The Owner and the City shall jointly be referred to as the "Parties". WHEREAS, the Owner is the fee owner of real property legally described as: Lot 4, Block 2, Eagandale Office Park 2"d Addition, Eagan, Dakota County, Minnesota (the "Property"); and WHEREAS, a grading permit application has been submitted for land disturbance activity affecting approximately 2.37 acres to add two asphalt parking lots at 1300 Corporate Center Curve, resulting in the addition and full reconstruction of approximately 0.72 acres of impervious surface. A plan set including a stormwater management report ("Site Plan") has been submitted with the application with latest revisions dated June 23, 2016. The approval of a grading permit for a project of this scope includes requirements within Eagan City Code Chapter 434 that the Owner shall meet all City stormwater requirements (including Volume Control); and WHEREAS, the approved "Site Plan" includes stormwater management practices, including three infiltration/bioretention basins, one pre-treatment basin, and soil remediation for the areas of disturbed/graded soil areas that are proposed to be revegetated pervious surfaces, hereinafter referred to as the "Stormwater Management System", (including all components designed to convey stormwater on & off the site, treat and reduce stormwater runoff volume, and ensure safety of the Stormwater Management System). The pertinent pages from the Site Plan and City Council minutes excerpts are attached hereto as Exhibits A -H and incorporated herein; and WHEREAS, the Owner shall install the Stormwater Management System in order to comply with Eagan City Code Chapter 4.34, "Post Construction Storwmater Management GP EX -03-1604 pg. 1 Requirements" for -the purpose of on-site store-iwater inanageinent, including rate control and volume control, for the protection of the City's downstream water bodies; and WHEREAS, the City requires the Owner to install, operate and maintain the Stormwater Management System in good working order acceptable to the City, in accordance with the terms and conditions set forth in this Agreement, and in accordance with standards within the Minnesota Pollution Control Agency's Storniwater Manual. WHEREAS, the: Owner and the City desire to ]Hake certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction, operation. maintenance, repair and replacement of the System (the ..Requirements"'), as between the Parties, on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each Party to the other, as hereinafter set forth, the Parties agree as follows: 1. Operations & Maintenance. The Owner shall substantially comply with all implementation, operation, inspection and maintenance recommendations in the Minnesota Pollution Control Agency's Stormwater Manual and the following, additional requirements, all at its sole cost and expense: a. The Storinwater Management System shall be inspected annually by a qualified person, with demonstrated post -construction stonnwater best management practice inspection and maintenance experience, including inspection and maintenance of all sediment capture, stonnwater infiltration/filtration and stormwater re -use practices, selected by the Owner, and approved by the City Engineer. b. The Owner shall submit an annual inspection and maintenance report to the City, to be received by ]nail or electronically no later than September 1", of the Stoririwater Management System. The report shall include the following: i. Date and tune of annual inspection; ii. Industry standard log of inspection findings / maintenance needs of individual stonnwater best management practices; iii. Date, time and description of maintenance performed; and iv. Supporting photographs. C. All settled solids, floatable litter and other material obstructions, that could inhibit proper function of the Stormwater Management System, shall be promptly removed and disposed of'properly, by the Owner. d. If at any time the volume control practices (three infiltratiori/bioretention basins and one pre-treatment basin) fail to meet the performance standards to which it was designed and approved (2,884 cubic feet of impervious runoff volume GP EX -03-1604 pg. 2 retention!irriiltration, based on 31.462 square feet (0.72 -acres) of new impervious surface), from any rain event, or fails to achieve complete infiltration within fbrty- eight (48) hours after any rain event (collectively, the "Requirements"), tine Owner shall promptly perform remediation in corrnpliance therewith. e. The Owner shall complete any necessary repairs and!or preventative maintenance procedures in a timely manner to ensure proper functioning of the Stormwater Management System, and in compliance with maintenance requirements in Eagan City Code Chapter 4.34, "Post -Construction Stonnwatcr Management Requirements"*. f. Owner specifically grants City access to, from and across the Property in order- to evaluate and inspect the Stormwater Management System, as necessary, in order to ascertain that the practices are functioning as planned and in compliance with City stormwater management requirements. The City may recornmend any corrective actions required to bring the Stormwater Management System into proper operating condition. 2. Standards for Performance. Any act of construction, maintenance, repair or replacement to be performed under this Declaration shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in cornpliance with all applicable governmental requirements. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that a Storm Water Management System does not conform to the Requirements of the City, the City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed rernediation plan and schedule to the City within forty-five (45) days after receipt of such notice. if the proposed remediation plan and schedule are not acceptable to the City, tine City shall notify the Owner of the deficiency, and tine Owner shall submit a revised plan to the City within thirty (30) days after receipt of such notice. 32 Failure to Repair. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City -approved remediation plan to bring the Storm Water Management System into compliance with the Requirements, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan for the Storm Water Management System and complete all work necessary to correct the Storm Water Management System so as to bring it into compliance with the Requirements. 33 Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the Storm Water Management System and all work completed by the City to bring the Storm Water Management System back into compliance with the Requirements. GP EX -03-1604 pg. 3 3:4 Waiver of Rights. If the Owner doers not, a reasonable tinie, either (i) reimburse the City within or (ii) provide notice of a dispute, the City inay recover its costs by levying a special assessment against the Property. The Owner, on behalf of itself and its successors and assignl.s, hereby acknowledges the benefit of such maintenance to the Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest: the assessments under Minnesota Statutes 5 429.081, provided that such assessments were reasonable and properly levied in accordance with this Agreement and applicable law. 4. Amendment. Notwithstanding anything herein to the contrary, no amendirient. release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council or successor body. The Owner, on behalf of itself and its successors and assigns. expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or terrnination, and may withhold or delay consent for any reason or none whatsoever, or may condition consent upon such terms as the City deems desirable. it being the City's absolute right and prerogative to insist that the terms of this Agreement remain in effect and unaltered and to permit amendment, release or termination only at such times and under such circumstances, if any, as the City deems desirable in the exercise of its discretion. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants. consistent with this acknowledgement, not to institute any legal proceedings against tyle City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination, and to indemnify the. City against any expense, including litigation costs, which the City incurs as a result of any violation of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution. Notwithstanding anything herein to the contrary, the Property shall not be deemed dedicated to the public or otherwise public Land, and the City shall have no obligation and no right, not otherwise existing independent of this Agreement, under this Agreement, or under the ordinances, statutes and other laws under which the City operates, to maintain or administer Property. 5. Enforcement. If the Owner fails to comply with this Agreement, the City may enforce this Agreement by legal action or any other remedy available to the City, and the Owner shall be responsible for the City's costs and expenses of enforcement and/or remediation, including reasonable attorneys' fees, and any associated rnaintenanc:e and repair costs, within thirty (30) calendar days after receiving are request for reimbursement. 6. Goveminp-.Law. This Agreement shall be construed under and enforced in accordance with the laws of the State of Minnesota. 7. Authoritv. The Owner covenants with the City that it is the fee owner of the Property as described above and has good right to create the covenants contained herein. 8. Duration. The covenants contained herein shall run with the Property in perpetuity and shall bind the Owner and its successors and assigns. GP EX -03-1604 pg. 4 9. Recordir►gAgreement. The City shall record this Agreement against the Property with the Dakota County Recorder's Office upon full execution of this Agreement. 1D1w nes or RJ�nresenttive� Oontct I❑f�rrmaiion frr Long -T ee ni Tnsnectiorr/Maonteasance4 Name: Jim Tucker Title: Executive Vice President Business name: Davis Family Minnesota, LLC Street Address: 805 Enterprise Drive East, Suite II City, State, lip: Belle Plaine, MN 56011-0069 Telephone: (651) 905.2796 Email: jim.tuckerC>sctncountry-.com IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. OWNER. Davis Family Minnesota, LLC. a Minnesota limited liability company 1. v: ( \ a By: James T. Ward Its: Vice President R STATE OF MINNESOTA ) ss. COUN'T'Y OF SCOTT ) (sign) (print name) The foregoing was acknowledged before me this 30th day of November James T. Ward Vice President of Davis Family . 2016, by Minnesota, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public GP EX -03-1604 AA utill'. 3E4Vn Expi ,Jail 31, l.0P'I a pg. 5 Y t.% �.; iub CITY: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Cheryl L. Stevenson Its: Deputy Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2017, by Mike Maguire and Cheryl L. Stevenson, the Deputy Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. 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: 206-4768) GP EX -03-1604 pg. 6 ia�g o xi Mz € +5 aIwo O ���tl I 0. en s g I F S O J J - I ffi I j 0 W 1B�mQf SrPd I x -s?C. 13 9D, S oma", o� a V) M2 z 9 G Fg r 111h v .. 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Sri; 0 cc u 1,k z us, 'i do -4 iWi ; ; .,.F, -i 2 1f I now SERF *NM- 1 0 j-jA ii, 'jll£jll'li t ImaN� iN• It z 9 ;VIA161 LU ro z 9 of ! # ow IEL g!"A I I L zI- "IS z q 12 'Iyj of ! # ow IEL g!"A I I L _ ea m w -W. 3 Hill, s R t„1 z � � F•T �� tt t36Y�� U 313133 M Ea a an (rte �./ IV al °a'gsv wO a! 7 _ w ---- w E CEN7E'L2 COHPOgATI rar. - �� - — ` , *10 o o _ 9- .0 Z y ghAo��8��a3Kv R lm ll a �11 3IPIUlWgwn -ts-?LIHIo11 I� g 91g; tw $w$xg°5yj.s1sai'�41 a WaoLLz dill ��s�l sxc"��" msd°3 1H, n 8". i„"C"oul— 3 - ,S° 11 p;l1il p ��a pl„WuOUR, HHa� A °rmas� °nuns ill 1gsump HI11 6cSmKINnQ-7y ^" Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA L. Contract No. 17-01 2017 Street Revitalization Action To Be Considered: Approve the plans and specifications for Contract No. 17-01 (2017 Street Revitalization), and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, March 9, 2017. Facts: ➢ Contract 17-01 provides for the street improvements as outlined and discussed in the respective Feasibility Reports for each of the following projects: o Cedar Industrial Park - Project No. 1227 o Woodgate 2nd Addition - Project No. 1228 o Waterview - - Project No. 1229 o Pinetree Forest - Project No. 1230 o Lexington Pointe 11tH, 12th & 14th - Project No. 1231 o Gardenwood Ponds 1St — 3rd - Project No. 1232 o South Hills 1St— Project No. 1233 o Gopher Eagan Industrial Park (Kutoff Court) — Project No. 1234 o Halley's 1St Addition (Biscayne Avenue) — Project No. 1235 ➢ On January 3, 2017, the City Council held public hearings for Project Nos. 1229, 1231, 1232, 1233, 1234. On January 17, 2017, the City Council held public hearings for Project Nos. 1227, 1228, 1230, 1235. The corresponding Council approval of these projects included the authorization of the preparation of detailed plans and specifications for the 2017 construction season. ➢ These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed, are available in the City Engineering office for review, and are being presented to the City Council for their approval and authorization for the advertisement of bids. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. ➢ Minnesota state law allows local agencies to choose a procurement system, termed Best Value Contracting (BVC), as an alternative to the standard low -bid contracting system. The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and performance. ➢ BVC uses the relationship between performance and price to achieve the best overall value and lowest long-term cost for government construction projects. ➢ On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting method as a procurement system of public improvement projects for the City. ➢ The BVC method of procurement has been successfully used for numerous previous street and utility improvement contracts since 2008. ➢ The BVC method of procurement will be used for this contract, and will be advertised in the solicitation of these bids in the legal newspaper. All bids will be evaluated in an open and competitive manner. Attachments (0) Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA M. Contract 17-02, Bur Oaks Pond Protection (Pond GP -1.2) Water Quality Improvements Action To Be Considered: Approve the plans and specifications for Contract 17-02 (Bur Oaks Pond Protection (Pond GP -1.2) — Water Quality Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Wednesday, March 15, 2017. Facts: ➢ On June 7, 2016, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2017-2021) and authorized the initiation of the public improvement process for the 2017 programmed projects. ➢ Contract 17-02 provides for grading, stormwater infrastructure modifications, and the installation of an iron -enhanced sand filtration (IESF) system at Pond GP - 1.2, which is adjacent to Bur Oaks Pond (Bur Oaks) in northeast Eagan. ➢ Public Works has involved The Park and Recreation Department in developing the project's plans. The IESF system would remove dissolved phosphorus from stormwater before it drains to Bur Oaks during high-water conditions. The berm between Bur Oaks and the pond would support access by City maintenance vehicles and users of Bur Oaks Park. ➢ The MN Pollution Control Agency has not listed Bur Oaks as having excessive phosphorus, but our Neighborhood Lakes TMDL and Management Plans Report (2015) determined the City could protect Bur Oaks with this project by reducing phosphorus by about 50%. The project provides good cost efficiency (i.e., cost per pound of phosphorus removed) for the estimated significant reduction. ➢ All of the construction activity for the improvements would occur within Bur Oaks Park and existing public easements. The Engineer's estimate for the work is $997,000, which would be funded by the Stormwater Utility Fund. ➢ Project plans and specifications have been completed, are available in the City Water Resources office for review, and are being presented to the City Council for its approval and authorization for the advertisement of bids. Upon approval, an advertisement would be published in the legal newspaper, as well as construction contracting publications, informing contractors of the opportunity to bid. Attachments (0) Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA N. Contract 17-03, Cliff Lake Protection (Pond AP -42) Water Quality Improvements Action To Be Considered: Approve the plans and specifications for Contract 17-03 (Cliff Lake Protection (Pond AP - 42) — Water Quality Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m., on Wednesday, March 15, 2017. Facts: ➢ On June 7, 2016, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2017-2021) and authorized the initiation of the public improvement process for the 2017 programmed projects. ➢ Contract 17-03 provides for construction of a maintenance access road, grading, stormwater infrastructure modifications, and the installation of an iron - enhanced sand filtration (IESF) system at Pond AP -42, which is adjacent to Cliff Lake in southwest Eagan. The IESF system would remove dissolved phosphorus from stormwater before it drains to the lake during high-water conditions. ➢ The MN Pollution Control Agency has not listed Cliff Lake as having excessive phosphorus, but our Neighborhood Lakes TMDL and Management Plans Report (2015) determined the City could protect the lake with this project by reducing phosphorus by about 32%. The project provides good cost efficiency (i.e., cost per pound of phosphorus removed) for the estimated significant reduction. ➢ All of the construction activity for the improvements would occur within Minnesota Department of Transportation (MnDOT) right-of-way. In a future meeting, the Council will be asked to approve a cooperative construction and maintenance agreement between MnDOT and the City. The Engineer's estimate for the work is $646,000, which would be funded by the Stormwater Utility Fund and MnDOT ($30,987.76) according to the agreement. ➢ Project plans and specifications have been completed, are available in the City Water Resources office for review, and are being presented to the City Council for its approval and authorization for the advertisement of bids. Upon approval, an advertisement would be published in the legal newspaper, as well as construction contracting publications, informing contractors of the opportunity to bid. Attachments (0) Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA O. Contract 17-05, Ponds JP -19 & JP -30.6 2017 Water Quality & Storm Sewer Improvements Action To Be Considered: Approve the plans and specifications for Contract 17-05 (Ponds JP -19 and JP -30.6 - 2017 Water Quality & Storm Sewer Improvements) and authorize the advertisement for a bid opening to be held at 12:30 p.m. on Thursday, March 16, 2017. Facts: ➢ On June 7, 2016, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2017-2021) and authorized the initiation of the public improvement process for the 2017 programmed improvements. ➢ Contract 17-05 provides for sediment removal and infrastructure maintenance within two wetlands (Ponds JP -19 and JP -30.6), as identified and approved in the City's 5 -Year CIP (2017-2021). This work helps the City fulfill routine responsibilities to maintain its stormwater drainage system in accordance with requirements of the municipal separate storm sewer system (MS4) permit from the Minnesota Pollution Control Agency. The work supports surface water quality within Eagan lakes and ponds. ➢ All of the work will occur within existing public rights-of-way or easements. The Engineer's estimate for the work is about $115,000, which would be funded by the Stormwater Utility Fund. ➢ Project plans and specifications have been completed, are available for review in the Water Resources offices, and are being presented to the City Council for their approval and authorization for the advertisement of bids. Upon approval, an advertisement would be published in the legal newspaper, as well as construction contracting publications, informing contractors of the opportunity to bid. Attachments (0) Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA P. Vikings Parkway Parking Prohibition Action To Be Considered: Approve a resolution to prohibit parking on Vikings Parkway between Lone Oak Parkway and Ames Crossing Road, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Vikings Parkway is an east -west collector street within the MV Eagan development in northeastern Eagan, scheduled for construction in the 2017 construction season (City Contract 16-22) in accordance with the preliminary design (City Project 1225) accepted by the City Council on August 16, 2016. ➢ The City has requested and received approval of the designation of Vikings Parkway as a part of the Municipal State Aid System in order to collect future reimbursable construction costs for the proposed new street segment. ➢ The final design of Vikings Parkway meets the State Aid standards for a collector roadway without on -street parking. ➢ Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. Attachments (2) CP -1 Location Map CP -2 Resolution PROPOSED Map of location for proposed "No Parking" on both sides of Vikings Parkway from City of Eap Leone oak Parkway to Ames Crossing Road Prepared By: City of Eagan -Engineering GIS -TMS - Location: L/Users/EngineerlTStrid/Exhibits CITY OF EAGAN A RESOLUTION RELATING TO PARKING PROHIBITION ON Vikings Parkway (Lone Oak Parkway to Ames Crossing Road) THIS RESOLUTION, passed this 7th day of February, 2017, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the City, 10TAIIZ1**i=11 i:F WHEREAS, the City has planned the improvement of Vikings Parkway from Lone Oak Parkway to Ames Crossing Road; and WHEREAS, the City has requested and received approval for the designation of this public street segment as part of the Municipal State Aid System; and WHEREAS, the proposed improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon the prohibition of parking in accordance with the final design. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City shall prohibit the parking of motor vehicles on Vikings Parkway from Lone Oak Parkway to Ames Crossing Road. DATED this 7th day of February, 2017 ATTEST: Christina M. Scipioni, City Clerk State of Minnesota County of Dakota City of Eagan Mike Maguire, Mayor CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 7th day of February, 2017, as disclosed by the records of said City in my possession. Christina M. Scipioni, City Clerk Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA Q. Lone Oak 3rd Addition Easement Vacation Action To Be Considered: Receive a petition to vacate Northwest Parkway right-of-way located in Lone Oak 3rd Addition, within the MV Eagan development in northeast Eagan, and schedule a public hearing to consider said request to be held on March 7, 2017. Facts: ➢ In conjunction with the MV Eagan development in northeast Eagan, a petition to vacate public easements and right-of-way in the area was submitted for Council consideration. Public easements and Northwest Parkway right-of-way were dedicated on recorded plats and acquired on unplatted parcels at various times for public improvement projects and to provide for public drainage. ➢ On October 4, 2016, the City Council held a public hearing and approved the vacation of all public easements within the development property. The vacation of Northwest Parkway right-of-way was inadvertently omitted from the Council memo and action. ➢ The request to now vacate the Northwest Parkway right-of-way allows the recording of a final plat of the property, Viking Lakes, for a proposed mixed-use development. The vacation cleans up the Viking Lakes plat by avoiding any underlying recorded dedications. The public right-of-way was originally dedicated on the plat of Lone Oak 3rd Addition at no cost to the City, to provide for public street and utility purposes. ➢ The Viking Lakes final plat dedicates public right-of-way that adequately addresses the City's right-of-way requirements for public streets and utility purposes and said right-of- way will not be acquired with City funds. ➢ 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) CQ -1 Location Map CQ -2 Vacation Area Exhibit Map of Location for Proposed Vacation, Lone Oak 3rd Addition, City of Eap Northwest Parkway Right -of -Way Prepared by: City of Eagan GIS -TMS File: L:\USERS\E NGINEE R\TStrid\Easement Vacations\Lone Oak 3rd Addition -Northwest Pkwy ROW Fig.1 Fig. 1 01/17/2017 & -5 ] - G@ bq /w , Ate\ • aN!§ )C) W CN 6 E Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA R. Municipal State Aid Advance Request Action To Be Considered: Approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan approximately $2.76 million from the Municipal State Aid (MSA) Construction account. Facts: ➢ The Municipal State Aid (MSA) program distributes a portion of the state gas taxes collected to all Minnesota cities over 5,000 in population and is based on a formula of proportionate population and construction needs. The City of Eagan's apportionment for 2017 is approximately $2.86 million. These funds are required to be used on the City's designated State Aid roadway system. Only 20% of the city's local street mileage is eligible for this designation and related funding (approximately 48 miles are currently designated). ➢ Because the City of Eagan, with its Pavement Management Program, has been very progressive in its construction program on State Aid eligible streets, approximately $3.0 million more than the cumulative annual allocations have been currently spent. This amount remains eligible for future State Aid reimbursement when funds become available. ➢ The MSA program allows for cities to advance funds in excess of their annual apportionment at no interest when additional funding is available. The funding is available on a first come, first serve basis. ➢ This resolution requests the Commissioner of Transportation to advance the City of Eagan a total of approximately $2.76 million from future State Aid Construction Account payments. This maximum request amount will be repaid from future annual apportionments but provides the City with the use of these interest free funds at the present time. Attachments (1) CR -1 State Aid Advance Resolution RESOLUTION NO TO ADVANCE FUNDING FROM THE MUNICIPAL STATE AID STREET CONSTRUCTION FUND WHEREAS, the City of Eagan has implemented Municipal State Aid Street Projects which have required State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said City, constructed said projects through the use of Local Municipal Funds to supplement the available funds in their State Aid Construction Account, and WHEREAS, said City needs to reimburse the expended Local Municipal Funds through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Construction Account; and WHEREAS, the advance is based on the following determination of expenditures: Account Balance as of January 31, 2017 ($665,337) Less estimated disbursements: Project # SAP 195-010-010 ................. $ 90,474 Project # SAP 195-020-020 ................. $ 227,290 Project # SAP 195-112-006 ................. $ 260,964 Project # SAP 195-121-002 ................. $ 248,035 Project # SAP 195-121-003 ................. $ 94,088 Project # SAP 195-122-006 .................$ 212,801 Project # SAP 195-123-003 ................. $ 184,628 Project # SAP 195-125-001 ................. $ 76,373 Project # SAP 195-125-006 ................. $ 55,544 Project # SAP 195-126-009 ................. $ 36,528 Project # SAP 195-127-006 .................$ 143,608 Project # SAP 195-128-002 ................. $ 53,804 Project # SAP 195-132-001 .................$ 323,596 Project # SAP 195-145-001 ................. $ 86,394 Project # SAP 195-146-001 ................. $ 447,029 Project# SAP 195-146-003 ..................$ 102,305 Project # SAP 195-147-003 ................. $119,103 Advance Amount (amount in excess of acct balance) $ 2,762,564 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statues 162.14, Subdivision 6 and Minnesota Roles, Chapter 8820, 1500, Subpart 10. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the City of Eagan in an amount up to $2,762,564 in accordance with Minnesota Rules 8820.1500, Subparagraph 10b. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said City from future year allocations until fully repaid. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Eagan, County of Dakota, State of Minnesota, at a duly authorized City Council Meeting held in the City of Eagan, Minnesota, on the 7t" day of February, 2017, as disclosed by the records of said City on file and of record in the office. Christina M. Scipioni, City Clerk Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA S. Contract 16-04, Central Maintenance Facility Renovations Change Order No. 5 Action To Be Considered: Approve Change Order No. 5 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. ➢ Change Order No. 5 revises the substantial completion date for the vehicle storage/maintenance addition from February 1, 2017 to February 22, 2017. There are no contract costs associated with this change order. ➢ This Change Order has been reviewed by the project architect and determined to be in order for favorable Council action. Attachments (0) Agenda Information Memo February 7, 2017, Eagan City Council Meeting CONSENT AGENDA T. Approve Exempt Permit for Eagan Baseball Boosters, Inc. to hold a raffle on February 26, 2017 at 1940 Rahncliff Court Action To Be Considered: To adopt a resolution approving an Exempt Permit for Eagan Baseball Boosters Inc. to conduct a raffle on February 26, 2017 at Green Mill, 1940 Rahncliff Court. Facts: ➢ Eagan Baseball Boosters Inc. has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CT -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN BASEBALL BOOSTERS INC. WHERAS, Eagan Baseball Boosters Inc. has applied for an Exempt Permit to conduct a raffle on February 26, 2017; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for Eagan Baseball Boosters Inc. to conduct a raffle on February 26, 2017 at 1940 Rahncliff Court. Motion by: Seconded by: Those in favor: Those against: Date: February 7, 2017 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7 t day of February, 2017. City Clerk Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA U. Project 13-C, Stonehaven 5th Addition Final Acceptance Action To Be Considered: Acknowledge the completion of Project 13-C (Stonehaven 5th Addition) and authorize perpetual City maintenance subject to warranty provisions. FACTS: ➢ Stonehaven 5th Addition is a residential subdivision in northeast Eagan that consisted of site grading and the installation of public improvements, including sanitary sewer, water main, storm sewer and streets. This construction activity was all performed privately by the developer under the terms and conditions of the development contract agreement. ➢ The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA V. Telecommunications Lease Agreement with Dakota County Action To Be Considered: Approve a telecommunication lease agreement with Dakota County, for upgrades on the Sperry Tower site, and authorize the Mayor and City Clerk to execute all related documents. Facts: The City has received an application from Dakota County for upgrades to the county radio communication system on the Sperry Tower site located at 1420 Towerview Road in Eagan. ➢ The application has been reviewed by the City's Engineering Consultant, Radio Communication Consultant, City Attorney's Office and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. Attachment (1) CV -1 Lease Agreement Dakota County Lease Agreement #GR00517.1 FIRST AMENDED AND RESTATED ANTENNA LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement") is made by and between the CITY OF EAGAN, a Minnesota municipal corporation, hereinafter referred to as "CITY" and the COUNTY OF DAKOTA, a political subdivision of the State of Minnesota, by and through its Operations Management Department (COUNTY). CITY and COUNTY are collectively referred to herein as the "PARTIES". This Agreement amends, restates, supersedes, and replaces the Agreement signed by the PARTIES in November 2006. RECITALS WHEREAS, the following terms used throughout this Agreement are defined below: a. "City Communication Equipment" means the equipment and materials described in Exhibit C and any Attachments thereto; and b. "Communication Equipment Building" means the building owned by the COUNTY located at the Sperry Water Reservoir and so identified in the document marked Exhibit D; and c. "Communication Equipment Site" means the property legally described in Exhibit A, subject to any and all existing easements, and encumbrances, and all structures collectively located at 1420 Towerview Road, Eagan, Mimlesota, described in the document marked Exhibit D; and d. "Communication Tower" means the tower structure, base, and on -ground equipment owned by the CITY that is located and being constructed on the Communication Equipment Site; and e. "Construction Plan" means a plan to the locate and install coaxial cables, utilities, installation drawings, and building and equipment placement plans, and any related activities; and f. "County Communication Equipment" means the 800 MHz countywide public safety radio communications system, communications antennas, microwave dishes and other materials or communication equipment that was installed on the Sperry Water Reservoir as well as the equipment described in Exhibit B and any Attachments thereto; and g. "Sperry Water Reservoir" means the property owned by the CITY located at 1420 Towerview Road, Eagan, Minnesota that was subject to the Antenna Lease Agreement executed by the CITY and County in November, 2006 and on which the COUNTY Dakota County Lease Agreement #GR00517.1 P a g e 1 o f 2 3 First Amended and Restated Antenna Lease Agreement constructed and owned an 800 MHz countywide public safety radio communications system, County Communication Equipment, and related equipment and materials. WHEREAS, The former Sperry Water Reservoir and Communication Equipment Site was an important contribution to the COUNTY's public safety communications system, particularly with respect to providing highly reliable public safety communications coverage and capacity in and near the City of Eagan; and WHEREAS, the CITY permitted the COUNTY to install the County Communication Equipment on the Sperry Water Reservoir; and WHEREAS, the CITY has removed the Sperry Water Reservoir and is replacing it with the Communication Tower; and WHEREAS, the COUNTY wishes to install the County Communication Equipment on the Communication Tower to maintain the COUNTY's public safety communications system, and; WHEREAS, the CITY wishes to install the City Communication Equipment in the Communication Equipment Building to control the Communication Tower lighting and certain radio equipment for CITY public works communications, and: WHEREAS, the COUNTY desires to maintain the Communications Equipment Building on the Communication Equipment Site. NOW, THEREFORE, in consideration of the mutual undertakings and the agreements set forth herein, the CITY and the COUNTY agree as follows: 1. DESCRIPTION OF PREMISES. Subject to the following terms and conditions, the CITY leases and grants to the COUNTY the right to use certain exclusive and non- exclusive portions of the Communication Equipment Site and Communication Tower, along with a permit for ingress and egress thereto over areas designated by the CITY, the exact location of each to be reasonably approved by the CITY. 2. TERM OF AGREEMENT. A. Initial Term. The initial term of this Agreement shall commence on date of execution of the last party to sign this Agreement and continue until September 30, 2031 ("Initial Term"), unless earlier terminated by law or according to the provisions of this Agreement. B. Extension. The PARTIES may extend the term for consecutive five-year periods with such extension commencing on each anniversary date after the 30th day of Dakota County Lease Agreement #GR00517.1 P a g e 2 o f 2 3 First Amended and Restated Antenna Lease Agreement September, 2031, provided that both CITY and COUNTY have consented to any such extension in writing. No extension of this Agreement shall be valid unless the PARTIES agree in writing at least ninety (90) calendar days prior to the expiration of the Agreement to extend such term. 3. USE AND ACCESS. A. Right of Access. Subject to the terms and condition of this Agreement, the CITY grants to the COUNTY the right to enter upon, access, install, maintain and operate the County Communication Equipment on the Communications Tower and locate the Communication Equipment Building on the Communication Equipment Site, and perform all acts incidental or advantageous thereto. All installation, maintenance and replacement of any County Communication Equipment on the Communication Tower shall subject to the prior written consent of CITY. B. Access and Use by other Government Units. Subject to the terms of this Agreement, the COUNTY may request that the CITY license, or otherwise permit use of, excess space or capacity on the Communications Tower or the Communication Equipment Building for installation and maintenance of equipment by other governmental units and by non-governmental entities responsible for providing public safety communications including, but not limited to, the Metropolitan Emergency Services Board (MESB). The COUNTY shall request prior written approval from the CITY for any such additions pursuant to the terms of this Agreement. The COUNTY shall submit all necessary plans and specifications requested by CITY so that the CITY may make its decision. C. Scope of Access and Use. The CITY shall permit the COUNTY, its employees, agents, contractors, access to the Communication Equipment Site on a twenty-four (24) hour, seven (7) days a week basis, during the term of this Agreement, subject to procedures mutually established between the CITY and the COUNTY. Right to Access for Studies. The COUNTY, its employees, agents and contractors, are hereby granted the right, at the COUNTY's sole cost and expense, to enter upon the Communication Equipment Site to conduct such studies as the COUNTY deems reasonably necessary to determine the suitability for the COUNTY's intended use. These studies may include surveys, soil tests, Dakota County Lease Agreement 4GR00.5 17.1 Page 3 of 23 First Amended and Restated Antenna Lease Agreement environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies as COUNTY deems necessary or desirable in locations approved by the CITY. The COUNTY shall not disrupt or interfere with the use of the other users of the Communication Equipment Site and the Communications Tower. COUNTY shall be responsible for any repairs or any damage that may result from COUNTY's entry upon the Communication Equipment Site and any testing thereon. ii. Access Using Vehicles. The COUNTY, its employees, agents and contractors may operate, drive and temporarily park necessary vehicles on the Communication Equipment Site in areas designated by the CITY in order to transport equipment, supplies, materials and personnel in connection with COUNTY's permitted use of the Communication Equipment Site. COUNTY shall, at its sole cost and expense, repair or restore the CITY Communication Equipment Site to the condition it was in prior to entrance by the COUNTY, its employees, agents and contractors. iii. Improvements. Subject to the terms of this Agreement, the COUNTY, its employees, agents, and contractors, may install utilities and coaxial cable and make improvements to the present utilities on the Communication Equipment Site in accordance with the plans as approved by the CITY. The COUNTY shall coordinate the installation of coaxial cable, utility installation and other improvements, in advance, with the CITY and shall not interfere with other users of the Communication Equipment Site. The COUNTY shall be responsible for and pay all installation and recurring charges for utilities installed or improved upon Communication Equipment Site at COUNTY's request. The COUNTY shall also remove all County Communication Equipment, including but not limited to any and all cables, equipment, wires, foundations and other materials installed or utilized by COUNTY, upon the expiration or earlier termination of this Agreement unless CITY consents in writing to the contrary. iv. Subject to the terms of this Agreement, the CITY, its employees, agents, and contractors, may install equipment, utilities and cabling and make improvements to the present utilities to the Communication Equipment Building in accordance Dakota County Lease Agreement 4GR00517.1 P a g e 4 o f 2 3 First Amended and Restated Antenna Lease Agreement with the plans as approved by the COUNTY. The CITY shall coordinate the installation of equipment, utilities, cabling and other improvements, in advance, with the COUNTY and shall not interfere with other users of the Communication Equipment Building or the COUNTY's use of the Communication Equipment Building. The CITY shall be responsible for and pay all installation and recurring charges for utilities installed or improved upon the COUNTY'S Equipment Building at COUNTY's request subject to plans approved by the County and prepared by the City. 4. COUNTY CONDITIONS. The COUNTY is subject to the following conditions: A. Any COUNTY plans for major construction, improvement, installation, maintenance, removal, and operation of the County Communication Equipment, including without limitation any substantive alterations or additions to the location of the County Communication Equipment, changes to the configuration of antennas, changes to County Communication Equipment on the Communications Tower, or changes to the Communication Equipment Site, must be approved in writing by the CITY prior to commencement of work. All construction, improvement, installation, maintenance, removal, and operation of County Communication Equipment shall be done in a professional and good and workmanlike manner. B. COUNTY shall submit to the CITY all plans for major construction, improvement, installation, maintenance, removal, and operation of County Communication Equipment, including without limitation all coaxial cable, utilities, installation drawings, and building and equipment placement plans. Such plans must be approved by the CITY in accordance with this Agreement and the CITY's adopted Building Code and Public Works Department Standards prior to commencement of any construction or installation of any of the County Communication Equipment or the installation of any utility on the Communication Tower. The CITY understands the need to maintain the COUNTY Communication Equipment and intends to act promptly. C. Before the County Communication Equipment is approved to be installed on the Communications Tower, the COUNTY must obtain all necessary governmental approvals including, but not limited to, the Federal Communication Commission ("FCC") Dakota County Lease Agreement #GR00517.1 Page 5 of 23 First Amended and Restated Antenna Lease Agreement and Federal Aviation Commission ("FAA"), and, if applicable, pay for the reasonable cost of: a radio frequency interference study carried out by the CITY's communications consultant showing that the COUNTY's intended use will not interfere with any existing communications facilities on the Communications Tower and, if necessary; ii. An engineering study showing that the Communications Tower is able to support the County Communication Equipment, without prejudice to the CITY's use of the Communications Tower. D. All construction, improvement, installation, maintenance, removal, and operation of equipment shall be done in a professional and good and workmanlike manner. E. The County Communication Equipment installed at the Communication Equipment Site by the COUNTY, or others in accordance with this Agreement, shall be constructed, installed, operated and maintained in reasonably good condition and state of repair during the terms of this lease or continuance of its use, whichever is greater, in accordance with sound engineering practices and all applicable rules and regulations established by the FAA and the FCC. F. The COUNTY shall not transfer, sublease, license, assign, or otherwise permit use of, space or capacity on the Communications Tower or the Communication Equipment Site without the prior written consent of the CITY which may be granted or denied in CITY's sole discretion. G. The COUNTY shall not transfer, license, sublease, or assign any part or all of COUNTY's interest in this Agreement to any other party without the CITY's prior written consent. Any attempted transfer, license, sublease or assignment by COUNTY without CITY's prior written consent shall be null and void at CITY'S option. H. The COUNTY shall not request or provide advertising of any kind on the Communication Equipment Site. I. The COUNTY shall arrange for separate metering of electricity and other utilities associated with COUNTY's use of the Communication Equipment Site and shall pay all costs of utilities consumed by COUNTY operations. Dakota County Lease Agreement #GR00517,1 P a g e 6 o f 2 3 First Amended and Restated Antenna Lease Agreement The COUNTY shall arrange for periodic invoicing of the electrical usage consumed by the CITY's Communication Equipment. The COUNTY will invoice the CITY on a periodic basis, but not less than annually and the CITY shall pay all costs of utilities consumed by CITY operations. 5. CITY CONDITIONS. The CITY is subject to the following conditions: A. CITY plans for major construction, improvement, installation, maintenance, removal, and operation of the City Communication Equipment in the Communication Equipment Building, including without limitation any substantive alterations, changes, or additions to the location of the City Communication Equipment on or in the Communications Equipment Building must be approved by the COUNTY in writing prior to commencement of work. All construction, improvement, installation, maintenance, removal, and operation of City Communication Equipment shall be done in a professional and good and workmanlike manner. B. The City Communication Equipment in the Communication Equipment Building, shall be constructed, installed, operated and maintained in accordance with sound engineering practices and all applicable rules and regulations established by the FAA and the FCC. C. The CITY shall not sublease, license, or otherwise permit use of, space in the COUNTY Equipment Building without the written consent of the COUNTY. D. The CITY shall not request or provide advertising of any kind on the Communication Equipment Building. E. The CITY shall arrange and pay for separate private (non-utility owned) sub - metering of electricity and other utilities associated with CITY's use of the COUNTY Equipment Building. F. The CITY shall not transfer, sublease, license, assign, or otherwise permit use of, space or capacity in the Communication Equipment Building without the written consent of the CITY. G. The CITY shall not transfer, license, sublease, or assign any part or all of CITY's interest in this Agreement to any other party without the CITY's prior written consent. Dakota County Lease Agreement #GR00.517,1 P a g e 7 o f 2 3 First Amended and Restated Antenna Lease Agreement 6. RENT. The COUNTY shall not pay rent to the CITY for use of the Communications Tower and the Communication Equipment Site provided that the COUNTY provides the CITY with 800 MHz public safety communication services as described in a subscriber agreement between the CITY and the COUNTY. 7. COUNTY INSTALLED PROPERTY. Any equipment, trade fixtures or personal property installed on the Communications Tower or Communication Equipment Site by COUNTY, including but not limited County Communication Equipment, antennas, antenna mounts, transmission lines, the Communication Equipment Building, emergency generators, and fuel tanks shall remain the property of COUNTY. COUNTY shall remove such property at the expiration or termination of this Agreement, even though such property and equipment may be attached to the Communication Tower or Communication Equipment Site unless otherwise agreed to by the CITY in writing. Upon removal of any such property or equipment, the COUNTY shall restore the Communication Equipment Site to such condition as the same was in prior to the installation of such property or equipment, reasonable wear and tear excepted. The COUNTY shall not permit any liens of any kind or nature to be placed on the Communication Equipment Site or other CITY property as a result of the COUNTY's work. 8. CITY INSTALLED PROPERTY. Any equipment, trade fixtures or personal property installed in the Communication Equipment Building by the CITY, including but not limited to City Communication Equipment, tower lighting controls, radio equipment, fiber or leased lines and cabling shall remain the property of CITY. CITY shall remove such property at the expiration or termination of this Agreement, even though such property may be attached to the Communication Equipment Building unless otherwise agreed to by the COUNTY. Upon removal of any such property the Communication Equipment Building shall be restored to conditions acceptable to the County. The CITY shall not permit any liens of any kind or nature to be placed on the County Communication Equipment or other property as a result of the CITY's work. 9. DUTIES OF CITY. A. The CITY shall comply with all applicable laws, statutes, rules, ordinances and regulations in maintaining, repairing, or altering the Communication Equipment Site, Dakota County Lease Agreement 4GR00517.1 P a g e S o f 2 3 First Amended and Restated Antenna Lease Agreement including but not limited to building code, disabilities access, zoning, air quality and pollution control, as issued by any federal, state or local political subdivisions having jurisdiction and authority in connection with the Communication Equipment Site. B. The CITY shall be responsible, at its sole cost, for the general maintenance of the Communications Tower, including obstruction lights (if any), light monitoring and any other FCC or FAA requirements, inspections, painting and any other measures necessary to maintain the safety and utility of the Communications Tower for its intended purpose. CITY is not responsible for costs incurred due to installation of County Communication Equipment or the Communication Equipment Building, or COUNTY's actions upon the CITY's property. Such costs shall be the sole obligation of the COUNTY. CITY shall be responsible, at its sole cost, for providing a plowed access road to the Communication Equipment Site, and for providing weed control, tree trimming, lawn mowing and other related maintenance duties at the Communication Equipment Site according to the CITY's standards. Nothing in this provision shall preclude the CITY and COUNTY from cooperating to effectively monitor the operating performance of obstruction lighting, if required, through technology installed by the COUNTY as a part of its occupancy of the Communications Tower or the Communication Equipment Site where it is determined to be in the mutual benefit of the parties. C. The CITY agrees to give reasonable advance notice of any major construction, improvement, installation, maintenance, removal related to the Communications Tower or Communication Equipment Site operations. In case of an emergency, notification is not required; however, the COUNTY will be notified as soon as possible of a recognized emergency. In the event that the use of the Communications Tower for any necessary maintenance or repair to the Communications Tower is interrupted or made impractical because of the County Communication Equipment on the Communications Tower, the CITY may interrupt the COUNTY's use of the Communications Tower as reasonably necessary to conduct maintenance and repair of the Communications Tower. If the CITY requires that COUNTY remove its County Communication Equipment from the Communication Equipment Site or Communication Tower so that the CITY may make any improvements or repairs, the COUNTY shall remove such equipment at COUNTY's Dakota County Lease Agreement 4GROO517.1 P a g e 9 o f 2 3 First Amended and Restated Antenna Lease Agreement sole cost and expense. In no event, shall CITY be liable to COUNTY for the removal or reinstallation of COUNTY's equipment on the Communication Tower. D. The CITY agrees to notify COUNTY within fifteen (15) business days of any requests to change or install new or additional telecommunications equipment on the Communications Tower or at the Communication Equipment Site related to tenants other than the CITY or the COUNTY and to provide the COUNTY with technical specifications necessary to permit appropriate evaluation. The COUNTY shall have fifteen (15) business days to evaluate a proposed change or installation to determine if the proposed change or installation will physically or electronically interfere with COUNTY's then -current use of the Communications Tower or the Communication Equipment Site and shall forward said evaluation to CITY in writing within said fifteen (15) day period. ii. CITY shall not permit the installation of any additional materials, equipment, or uses by third parties other than CITY on the Communications Tower that will result in interference with the County Communication Equipment or interference with the equipment of any sub -lessee or licensee previously approved by the CITY. iii. Such notification in 9(D) is not required where existing tenants or licensees have the right to replace existing antennas with replacement antennas. Replacement antennas must be similar in size and weight, and the location of the antenna cannot be materially changed without prior notice, review and approval. E. The CITY and COUNTY shall mutually cooperate to establish reasonable procedures for access to those portions of the Communications Tower where antennas are installed to ensure the safety of maintenance operations and the security of all antenna systems. 10. DUTIES OF COUNTY A. Except as otherwise provided herein, COUNTY shall furnish all materials and services required for its use of the Communication Tower and the Communication Equipment Building. B. The CITY shall promptly notify the COUNTY of any future painting or reconditioning of the Communication Tower. Prior to the CITY painting and Dakota County Lease Agreement #GR00517,1 P a g e 1 0 o f 2 3 First Amended and Restated Antenna Lease Agreement reconditioning the Communication Tower, the COUNTY may, at its expense, have the County Communication Equipment tested by a third party consultant of the COUNTY's choice. Prior to the CITY painting and reconditioning the Communication Tower, the COUNTY shall remove its antennas, coaxial transmission lines, transmitters and receivers and any other equipment as required by CITY so that CITY may perform such repairs, reconditioning or maintenance. COUNTY shall be responsible for the removal and reinstallation of any such County equipment. CITY shall not be responsible for any damage to any of the County Communication Equipment or the County Equipment Building unless such damage is caused by the negligent or willful misconduct of CITY. The COUNTY shall provide the CITY's painting contractor with pertinent safety instructions relative to working near the antennas, and if necessary, the COUNTY must lower the power levels while the CITY's painting contractor is working near the antennas. C. Any additional expense of repainting, repairing, or maintaining the Communications Tower reasonably incurred by the CITY as a direct consequence of the presence of the County Communication Equipment being located thereon shall be paid promptly by the COUNTY to the CITY upon receipt of the CITY's written notice of such additional cost, which notice shall state the reasons for the incurring of such costs and shall include a reasonable itemization of such costs. Any such costs shall be paid by COUNTY within thirty (30) calendar days after notice has been sent by CITY concerning such costs. D. COUNTY will provide security and background information on persons designated by COUNTY to access the site. E. COUNTY shall pay, as they become due and payable, all fees, charges and expenses currently required for licenses and/or permits required for COUNTY's use of the Site. F. The COUNTY agrees to give reasonable advance notice of any major construction, improvement, installation, maintenance, removal related to the Communication Equipment Building. Notwithstanding anything in this agreement to the contrary, in case of an emergency, notification is not required; however, the CITY will be notified as soon as possible of a recognized emergency. In the event that the use of the Dakota County Lease Agreement 4GR00517.1 P a g e 1 I o f 2 3 First Amended and Restated Antenna Lease Agreement Communication Equipment Building is interrupted for necessary maintenance or repairs or made impractical because of the City Communication Equipment, the COUNTY may interrupt the CITY's use of the Communication Equipment Building as reasonably necessary to conduct maintenance and repair of the Communication Equipment Building. G. The COUNTY shall provide the CITY or its contractors with reasonable access to the Communication Equipment Building. The CITY and COUNTY agree to mutually cooperate to establish reasonable procedures for access to ensure the safety of maintenance operations and the security of the Communication Equipment Building. 11. DAMAGE TO SITE. A. If the Communications Tower or the Communication Equipment Building is permanently damaged or destroyed by acts of nature, fire or other casualty and County Communication Equipment becomes permanently inoperable as a result thereof, the CITY may elect to: Terminate this Agreement upon sixty (60) calendar days' notice to COUNTY; or ii. To repair, restore or reconstruct the Communications Tower at no expense to COUNTY. B. The CITY shall not be responsible to COUNTY for damage or destruction of the County Communication Equipment or the Communication Equipment Building unless caused by the negligent or willful acts of the CITY, its agents, contractors, or employees. The COUNTY shall not be responsible to CITY for damage or destruction of the City Communication Equipment or damage to the Communication Equipment Site unless caused by the negligent or willful acts of the COUNTY, its agents, contractors, or employees. C. Upon damage or destruction of the Communications Tower, the COUNTY may elect any of the following: Terminate this Agreement; or ii. Reconstruct or replace all of the County Communication Equipment or the County Communication Equipment Building at its sole cost and expense in the event that the CITY decides to repair, restore or reconstruct the Communications Tower. 12. TERMINATION Dakota County Lease Agreement #GR00517,1 P a g e 1 2 o f 2 3 First Amended and Restated Antenna Lease Agreement A. Termination upon delivery of Notice of Termination. If the COUNTY determines the Communications Tower and Communication Equipment Site are no longer necessary for the COUNTY's Public Safety Radio Communications System the COUNTY shall have the right to terminate this Agreement upon providing twelve (12) months written Notice of Termination to the CITY pursuant to this Agreement. Within 12 months after delivery of the Notice of Termination pursuant to this Agreement, the COUNTY shall remove all County Communication Equipment, trade fixtures, or personal property installed on the Communications Tower or Communication Equipment Site by COUNTY, including but not limited to antennas, antenna mounts, transmission lines, the Communication Equipment Building, emergency generators, and fuel tanks, even though such property may be attached to the Tower or the Communication Equipment Site. The COUNTY shall not permit any liens of any kind or nature to be placed on the Communication Equipment Site. ii. After 12 months from the date the Notice of termination is delivered and upon removal of all COUNTY installed property and equipment, the Communication Equipment Site, COUNTY shall surrender the Communication Equipment Site to the CITY in such condition as the same were in prior to the installation of the County Communication Equipment and the Communication Equipment Building, reasonable wear and tear excepted. COUNTY agrees to remove below ground foundations and wiring upon termination of this Agreement unless waived in writing by CITY after consultation with COUNTY. B. Termination upon expiration of the Agreement. After the last date of term of this Agreement or the date upon which this Agreement will expire due to non -extension (collectively, Expiration Date), the COUNTY shall perform the following: i. Prior to the Expiration date, the COUNTY shall remove all County Communication Equipment, trade fixtures, or personal property installed on the Communications Tower or Communication Equipment Site by COUNTY, including but not limited to antennas, antenna mounts, transmission lines, the Communication Equipment Building, emergency generators, and fuel tanks, even though such property may be attached to the Tower or the Communication Dakota County Lease Agreement #GR00517.1 P a g e 1 3 o f 2 3 First Amended and Restated Antenna Lease Agreement Equipment Site. The COUNTY shall not permit any liens of any kind or nature to be placed on the Communication Equipment Site. ii. After the Expiration date and upon removal of all COUNTY installed property and equipment, the Communication Equipment Site, COUNTY shall surrender the Communication Equipment Site to the CITY in such condition as the same were in at the commencement of this Agreement or construction thereon, reasonable wear and damage excepted. COUNTY agrees to remove below ground foundations and wiring upon termination of this Agreement unless waived in writing by CITY after consultation with COUNTY. C. If the CITY determines that the Communications Tower is no longer functional or no longer needed for its intended purpose and that the Communications Tower will be razed or converted to another use incompatible with the uses in this lease, CITY shall have the right to terminate this Agreement upon providing twelve (12) months written Notice of Termination to the COUNTY to remove the County Communication Equipment and Communication Equipment Building at COUNTY's sole cost and expense. 13. LIABILITY AND INSURANCE. Each party to this Agreement shall be liable for the acts of their own agents, contractors, or employees and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its agents, contractors or employees. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties' acts or omissions. 14. RELATIONSHIP OF THE PARTIES. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the COUNTY and the CITY, nor shall the COUNTY or CITY be considered or deemed to be an agent, representative or employee of the other party in the performance of this Agreement. Personnel of the CITY or other persons while engaging in the performance of this Agreement shall not be considered employees of the COUNTY and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. Personnel of the COUNTY or other persons while engaging in the Dakota County Lease Agreement #lGR00.517.1 P a g e 1 4 o f 2 3 First Amended and Restated Antenna Lease Agreement performance of this Agreement shall not be considered employees of the CITY and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. 15. SALE OR ASSIGNMENT. CITY shall deliver proper written notice as promptly as possible upon the occurrence of any of the following events: A. The Communication Equipment Site, or any part thereof, is listed for sale; or B. the Communication Equipment Site, or any part thereof, is sold, conveyed, transferred, assigned, leased or sublet; or C. the CITY sells, conveys, transfers, or assign any rights, liabilities, obligations, or duties under this Agreement; or D. if for any reason there shall be a change in the manner in the obligations under this Agreement. 16. SUCCESSORS AND ASSIGNS. The terms and conditions of this Agreement shall extend to and bind the purchasers, legal representatives, successors, and permitted assigns of both PARTIES. 17. NONEXCLUSIVE LEASE. The PARTIES acknowledge that the Lease granted to the COUNTY under this Agreement is nonexclusive. Nothing in this Agreement shall preclude CITY from leasing other space for communications equipment or allowing access to the Communication Tower to any person or entity subject to compliance with the adopted security policy requirements as stated in Section 9(E). 18. QUIET ENJOYMENT. Provided that COUNTY has complied with all of its obligations under this AGREEMENT and any other agreement with the CITY pertaining to the Communication Equipment Site, the COUNTY shall peaceably and quietly use and enjoy the Communication Equipment Site and the Communication Tower for the purpose of installing, removing, replacing, maintaining and operating the County Communication Equipment and Communication Equipment Building consistent with the terms and conditions of this Agreement. A. Operation of the County Communication Equipment at the Communication Equipment Site shall be conducted so as not to exceed Maximum Permissible Emission (MPE) radio-frequency radiation exposure levels as specified in 47 C.F.R. § 1. 13 10 and so as not to interfere with any of the other current users of wireless telecommunication transmission on the Communication Tower. Dakota County Lease Agreement #GR00517.1 P age 15 of 2 3 First Amended and Restated Antenna Lease Agreement B. COUNTY will install noise suppression equipment and take all reasonable steps to minimize the off-site impact associated with running the stand-by emergency generator to be included in the Communication Equipment Building. v. Except for routine testing and periodic maintenance activity, the generator will only be operated as necessary to deliver reliable power for public safety communications during times of commercial power interruption. Testing and maintenance operations will be limited to daytime hours (8 a.m. to 5 p.m.) Monday through Friday. 19. USER PRIORITY. Unless precluded by existing contractual obligations, the parties agree that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Agreement is in effect: A. The CITY's communication needs; B. The COUNTY law enforcement, fire, and ambulance services, that are not provided by the CITY, provided they comply with this Agreement; C. Existing Lessees of the Communication Tower and the Communication Equipment Site, unless there is a material modification of existing equipment configuration or frequency characteristics; D. Other government -regulated entities who offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or which the COUNTY is legally authorized to provide. This use shall be non-exclusive, and the CITY specifically reserves the right to allow the Tower and Communication Equipment Site to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Tower and the Communication Equipment Site. E. New leases, renewals, or extensions of existing leases for non-public safety communications. 20. DEFAULT BY CITY. If CITY shall default in the performance of any of the terms or provision of this Agreement, COUNTY shall promptly so notify CITY in writing. If CITY shall fail to cure such default within thirty (30) calendar days after receipt of such notice, or if the default is of such character as to require more than thirty (30) calendar days after receipt of such notice to cure such default, then in either event, COUNTY may Dakota County Lease Agreement #GR00517.1 P a g e 1 6 o f 2 3 First Amended and Restated Antenna Lease Agreement cure such default, and any reasonable and actual expenses paid by COUNTY shall be paid by CITY to COUNTY within thirty (30) days after a written invoice is delivered to CITY. This provision in no way limits COUNTY'S other remedies for breach under common law or this Agreement. 21. DEFAULT BY COUNTY. If COUNTY shall default in the performance of any of the terms or provision of this Agreement, CITY shall promptly so notify COUNTY in writing. If COUNTY shall fail to cure such default within thirty (30) calendar days after receipt of such notice, or if the default is of such character as to require more than thirty (30) calendar days after receipt of such notice to cure such default, then in either event, CITY may cure such default, and any reasonable and actual expenses paid by CITY shall be paid by COUNTY to CITY within thirty (30) days after a written invoice is delivered to COUNTY. This provision in no way limits CITY's other remedies for breach under common law or this Agreement. 22. MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not contained in this Agreement. A. Exhibits 1 through and including 4 (including all Attachments and Addendums thereto) are attached hereto, and all terms, obligations and conditions in said Exhibits are incorporated herein and made a part of this Contract. Exhibit A — Communications Equipment Site — Legal Description Exhibit B — County Communications Equipment Exhibit C — City Communications Equipment Exhibit D- Communications Equipment Site Diagram 23. MODIFICATIONS. A. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the Parties hereto. B. Waiver for any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Waiver of default or breach of any provision of this Dakota County Lease Agreement #GROO517.1 P a g e 1 7 o f Z 3 First Amended and Restated Antenna Lease Agreement Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by Parties of the COUNTY and CITY. C. If the COUNTY or CITY fails to enforce any provision or condition of this Agreement, that failure does not waive the provision or condition or the COUNTY or CITY's right to enforce it. 24. RECITALS INCORPORATED. The Recitals set forth, including the terms and definitions, in this Agreement are incorporated in the body hereof as though they were specifically set forth herein. 25. NOTICES. All notices or communications between CITY and COUNTY shall be deemed sufficiently given if made in writing and delivered the other party personally or sent by certified mail addressed as follows: CITY: The City Administrator City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Attention: City Administrator COUNTY: The County Manager County of Dakota 1590 Highway 55 Hastings, MN 55033 Attention: County Manager In addition, notification to the COUNTY regarding breach or termination shall be provided to: Dakota County Attorney's Office Civil Division 1560 Highway 55 Hastings, Minnesota 55033 In addition to the address above, notification to the CITY regarding breach or termination shall be provided to: Dougherty, Molenda, Solfest, Hill & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 Attention: Michael G. Dougherty Dakota County Lease Agreement 4GR00517.1 P a g e 1 8 o f 2 3 First Amended and Restated Antenna Lease Agreement 26. RECORDS — AVAILABILITY. In accordance with Minn. Stat. § 16C.05, subd. 5, the CITY and the COUNTY agree that each party hereto, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party hereto and involve transactions relating to this Agreement. 27. DATA PRIVACY. The CITY and the COUNTY agree to abide by all applicable State and Federal laws and regulations and confidential information concerning individuals and/or data including but not limited to information made non-public by such laws or regulations. 28. MINNESOTA LAWS GOVERN AND SEVERABILITY. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations and performance obligations between the parties herein. If any provisions of this Agreement are held invalid, void, illegal, or unenforceable, the remaining provision will not be affected unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either Party. 29. COOPERATION WITH MESB. The 800 MHz public safety radio communication system contemplated in this Agreement falls within the jurisdiction of the State Emergency Communications Board (SECB) and the Metropolitan Emergency Service Board (MESB) for region -wide public safety radio communications. COUNTY will be responsible for providing MESB with timely notices of any proposed changes to the terms set forth in this Agreement. COUNTY will, by June 1 of each calendar year, provide MESB with a proposed budget for anticipated expenses of operating the 800 MHz radio system for the upcoming calendar year to assist the MESB in preparing its budget for the next calendar year. COUNTY will periodically bill MESB for all costs and expenses of operating the system which are eligible for reimbursement by the MESB including, but not limited to, facilities rents and utility expenses. COUNTY will provide coordination between the CITY and the MESB, in accordance with Section 3 above, in Dakota County Lease Agreement #GR00517.1 P a g e 1 9 o f 2 3 First Amended and Restated Antenna Lease Agreement the event the MESB desires to add additional facilities, equipment or capabilities to the system being constructed on Communication Equipment Site pursuant to this Agreement. COUNTY will be solely responsible for all coordination with the MESB regarding the provisions of this Section. 30. AGREEMENT INTERPRETATION AND CONSTRUCTION. This Agreement was fully reviewed and negotiated by the COUNTY and CITY. Accordingly, the COUNTY and CITY agree the "against the offeror" principle of contract interpretation and construction shall not be applied to this Agreement. Any ambiguity, inconsistency, or question of interpretation or construction in this Agreement shall not be resolved strictly against the Party that drafted the Agreement. It is the intent of the COUNTY and CITY is that every section (including any subsection), clause, term, provision, condition, and all other language used in this Agreement shall be constructed and construed so as to give its natural and ordinary meaning and effect, regardless of any rule or law to the contrary. IN WITNESS WHEREOF, the parties have executed this Agreement as indicated by the signatures of the Parties: Approved as to form Assistant County Attorney/Date KS -16 - Original BR 06-326 Approved as to form City Attorney Date: Dakota County Lease Agreement #GR00517.1 First Amended and Restated Antenna Lease Agreement COUNTY OF DAKOTA STATE OF MINNESOTA By: County Manager Date: By: Clerk to the Board Date: CITY OF EAGAN By: Its Mayor And: Its City Clerk Date: Page 20 of 23 EXHIBIT A LEGAL DESCRIPTION OF THE COMMUNICATION EQUIPMENT SITE Lot 1, Block 1, UNISYS PARK, record plat Dakota Count}, Lease Agreement #GR00517.1 P a g e 2 1 o f 2 3 First Amended and Restated Antenna Lease Agreement EXHIBIT B COUNTY COMMUNICATION EQUIPMENT DESCRIPTION This Exhibit B identifies the County Communication Equipment to be attached, installed, and located upon the Communications Tower. The following County Communication Equipment shall be installed by COUNTY's representatives onto the CITY's Communications Tower subject to agreed upon methods, procedures, and locations: 1. Quantity four (4) 700-800 MHz antennas installed on the upper platform of the tower with base of the antemla approximately 181' above ground level (AGL). 2. Quantity one (1) Tower Top Amplifier module installed on the upper platform of the tower with this assembly mounted in proximity to item #1 above. 3. Quantity one (1) 150-160 MHz antenna installed on the upper platform of the tower with base of this antenna approximately 178' AGL. 4. Quantity one (1) 6 GHz, 6' parabolic antenna with radome mounted on an azimuth of 166 degrees to allow connection of County Communication Equipment installed in COUNTY's shelter on the premises to COUNTY's communications prime site. The centerline of this dish is anticipated to be 185' AGL. 5. A total of six (6) coaxial feedlines to support equipment described in # 1-3 above which are affixed to the tower and routed via CITY provided duct bank to COUNTY's conduit connecting to County Communication Equipment Building on the premises. 6. A total of one (1) elliptical waveguide to support equipment described in # 4 above which are affixed to the Communications Tower and routed via CITY provided duct bank to COUNTY's conduit connecting to COUNTY's communications shelter on the premises. The CITY and COUNTY also agree that the placement and azimuth of the parabolic dish described in #4 may change at such time as the COUNTY elects to upgrade its microwave system and that a second 6' dish may be added at a comparable elevation oriented on an azimuth of 54 degrees and served by one length of additional interconnecting elliptical waveguide similar to that described in 96. A graphic depiction of the placement of County's Communication Equipment is attached hereto and marked, Attachment B-1. Dakota Count), Lease Agreement #GR00517.1 P a g e 2 2 o f 2 3 First Amended and Restated Antenna Lease Agreement Tip of tallest Antenna =19 Typical Mounti Four p( Horizontal xhibit B :ommunications pipment 178'-4" AGL op of Structure Centerline of Dishes Notes: 1) Future 2 -dish configuration not yet fully funded by County. 2) County is eligible to operate in following bands: Upper 5.9 — 6-7 gHz; 10.7 —11.7 gHz 746-860 MHz; 151-156 MHz 3) City operates in 450-465 MHz band. 4) Microwave paths (view) should be unobstructed by any stealth panel framing or structural members. See page 2 for concept. Final PSC Alliance Inc. Project; Qako#a,Coiunty= 7900 International Dr. -Ste 300 Bloomington, MN 55425 Voice '(612) 216-1502 - FAX (888) 384-9171 Date: 12-Aug716 File: Dakota/Sperry'; Scale: As Shown By: AN Drawing : Sperry New - ---- page l oft Immediate ;'` Notes: 1) Dish mounting needs to ensure that dish azimuth is unobstructed by legs, stealth panel framing, or other metallic objects. Dish Azimuths muth PSC Alliance Inc. P,roject:. Dakota County 7900 International Dr. -Ste 300 Bloomington, MN 55425 Voice (612) 2164502 - FAX '(888) 384-9171 Date: 12 -Aug -16 :File: Dakota/Sperry Scale: As Shown By: AN Drawing.: Sperry New Page 2 of 2 EXHIBIT C CITY COMMUNICATION EQUIPMENT DESCRIPTION This Exhibit C identifies the City Communication Equipment installed in the Communication Equipment Building owned by the COUNTY. The following City Communication equipment shall be installed by CITY's representatives in the Communications Equipment Building subject to agreed upon methods, procedures, and locations: 1. One (1 rack containing CITY's UHF communications repeater/receiver combination operating on Radio Frequencies (RF) T453.8750/R458.8750 and R458.2875. 2. Qty. nine (9) interference control cavities installed in COUNTY's existing rack. 3. Certain communications network interface equipment to allow connection of the CITY's UHF equipment to remote equipment located elsewhere in the CITY. 4. Other ancillary devices including RF and interface surge arresting equipment. 5. Such cables and connections as may be required to establish a fully functional UHF communications system within the COUNTY's shelter to include coaxial cable to the tower mounted CITY antenna. 6. Suitable control apparatus to operate CITY's decorative illumination system for the Sperry communications tower. 7. Suitable control apparatus to operate any FAA required aviation obstruction lighting for the Sperry communications tower. (none currently stipulated) The parties acknowledge and agree that AC power, including emergency generator power, will be provided by COUNTY's existing electrical service at the site to the City's Communication equipment. Further that the CITY shall be responsible for all maintenance of CITY owned equipment. The CITY will be responsible for utility costs per Section 5. E, A graphic depiction of the placement of City's Communication Equipment is attached hereto and marked Attachment C-1. Dakota County Lease Agreement #GR00517.1 P a g e 2 3 o f 2 3 First Amended and Restated Antenna Lease Agreement » LL - Gf /§ // Ga CL 0 E E cz 0M )§) k aEo \\\ \(/� 3)) U) \gf\ /k§ e =. \)0 \j) \7/\-\{\_ e :30 c oo22 \«§\)�\�£ 0 7 =&»CD m I I � (D r- @ CL §/d///§§§ � m cu � OD x . ƒ \ < \ {\ to _ [ � .� // \0 _\/ \\ \#_ \kk \\ a,° & \k§ w°=eo �fm©g $®o= 4m;m —122./ �atg—>oa, $0ze<(DIN zwww¥eaKae Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA W. Project 1208, Seneca Water Treatment Plant Water Reuse Utility Improvement Action To Be Considered: Accept the Feasibility Report for Project 1208 (Seneca Wastewater Treatment Plant Water Reuse - Utility Improvement). Facts: ➢ The City of Eagan and Metropolitan Council Environmental Services (MCES) have evaluated the feasibility of using reclaimed water from the MCES Seneca Wastewater Treatment Plant (WWTP) to shift non -potable water use demand (such as irrigation, cooling, industrial process/production waters or fire suppression) from the City's potable supply (treated groundwater) to reclaimed water. ➢ The project's goals were to potentially reduce water costs for end-users, provide fire protection along the railroad corridor adjacent to the Minnesota River, and improve regional source water sustainability. The study considered the potential for future expansion of the reclaimed water system to nearby areas in the City. ➢ The feasibility study evaluated the use of either reclaimed water or underdrain dewatering water from the MCES Seneca WWTP to meet identified non -potable use in the study area. The study was executed in three parts. o Part A assessed potential reuse water uses and users, identifying their water quality requirements, developing a concept for a reuse water distribution system, and estimating costs. o Part B identified reuse water treatment requirements, developed a concept for reuse water treatment, and estimated costs. o Part C, the consolidated Feasibility Study Report, summarizes the key findings. ➢ A draft Feasibility Report has been prepared by MCES and the City of Eagan, which is being presented to the Council for their consideration. The report continues to be reviewed and evaluated by both MCES and City staff to determine future action items and identify available grant funding. Attachments (1) CW -1 Feasibility Report 17 O U N C I t 1141zr ar Pnnn �Z- 1\3 \ \ � \ E 17 O U N C I t 1141zr ar Pnnn klim Yew 17 O U N C I t 1141zr ar Pnnn P"N Purpose...................................................................................................................................................................1 StudyBoundary ......................................................................................................................................................1 Exhibit 2—Reuse SenecaWWTP........................................................................................................................................................1 Potential Reuse Water Uses and Demands............................................................................................................4 RegulatoryIssues....................................................................................................................................................4 Table 1—Effluent Treatment Concepts and Costs..............................................................................................................................5 Distribution System Concept and Costs.................................................................................................................6 Proposed Reuse Potential Users and Estimated Demand...............................................................11 Recommended Distribution System.......................................................................................................................8 Table 3—MPCA Summary.................................................................................................................................................................8 Figures....................................................................................................................................................................9 Underdrain Dewatering Water Reuse – Conceptual Level Capital and Operations and Appendix A. Seneca WWTP Underdrain Dewatering System........................................................................... A-1 Appendix B. Eagan Water Reuse Feasibility Study, Part A (Barr Engineering Technical Memorandum)........... B-1 Appendix C. Concepts and Costs for Seneca Wastewater Treatment Plant Reuse (CH2M HILL Technical Suction Storage...............................................................................................................................20 Memorandum)................................................................................................................................................... C-1 Exhibits, Tables, and Figures Exhibits Exhibit 1—Seneca WWTP Reuse Sampling Program Sampling Points.......................................................................9 Exhibit 2—Reuse Water Distribution System Concept.............................................................................................20 Tables Table 1—Effluent and Underdrain Dewatering Water Sampling Results................................................................10 Table 2—Total Proposed Reuse Potential Users and Estimated Demand...............................................................11 Table 3—MPCA Effluent Reuse Requirements for Irrigation...................................................................................15 Table 4—Seneca Underdrain Dewatering Water Reuse – Conceptual Level Capital and Operations and MaintenanceCosts...................................................................................................................................19 Table5—Pump Suction Storage...............................................................................................................................20 Table 6—Recommended Distribution System Components....................................................................................23 Table 7—Recommended Distribution System Capital Cost Summary.....................................................................23 Figures Figure 1—Study Boundary Figure 2—Seneca WWTP Facilities Figure 3—Seneca WWTP Treatment Processes Figure 4—Seneca WWTP Underdrain Dewatering System Figure 5—Potential Irrigation Users Figure 6—Underdrain Dewatering Water Reuse Conceptual Layout Figure 7—Conceptual Reuse Water Distribution and Irrigation Users Eagan Water u bility Study Purpose The City of Eagan approached Metropolitan Council Environmental Services (MCES) about working together to meet the City's goals related to reducing potable water use through reuse. Through such reuse, the City also hopes to improve regional source water sustainability. MCES agreed because this partnership aligns well with MCES' reuse goals and policies as well as its desire to partner with customers to solve regional water issues. This feasibility study evaluated the use of either reclaimed water (plant effluent that has received additional treatment depending on planned use) or underdrain dewatering water from MCES' Seneca Wastewater Treatment Plant (WWTP) to meet identified non -potable use in the study area. The study was executed in 3 parts. Part A, performed by Barr Engineering under contract to the City, consisted of assessing potential reuse water uses and users, identifying their water quality requirements, developing a concept for a reuse water distribution system, and estimating costs. MCES participated in Part A as a key stakeholder. Part B, performed by CH2M HILL under contract to MCES, consisted of identifying reuse water treatment requirements, developing a concept for reuse water treatment, and estimating costs. The City participated in Part B as a key stakeholder. This report comprises Part C, a consolidated Feasibility Study Report, prepared by MCES with input from the City. This report summarizes the key findings in the technical memoranda prepared by Barr Engineering and CH2M HILL, included as appendices. This summary report forms the basis for ongoing discussions between the City and MCES about next steps for project implementation. Study Boundary The study boundary, shown on Figure 1, is the area bound by Cedar Avenue (Highway 77), Highway 13, Interstate 494, and the Minnesota River with the addition of the Blue Cross Blue Shield and Transport America properties to the east of Highway 13 (to the north and south of Yankee Doodle Road). The project area focused more closely on commercial properties along the Highway 13 corridor within the study boundary. The study also considered how the proposed reuse water system could be expanded to serve nearby areas of the City in the future. Seneca WWTP Figure 1 shows the Seneca WWTP location which is north of Highway 13 and East of Highway 77 at 3750 Plant Road in Eagan, MN 55122. Figure 2 shows the plant facilities and Figure 3 shows the treatment processes. Wastewater flow enters the plant from the northeast and passes through screens and grit removal at the headworks building. The flow then passes through primary clarifiers, aeration basins, and secondary clarifiers. Effluent is chlorinated and dechlorinated seasonally from April 1 to October 31. Plant effluent leaves the plant through a cascade aerator and the outfall pipe to the Minnesota River. Solids generated during wastewater treatment are dewatered in centrifuges and incinerated. The Seneca WWTP underdrain system lowers the ground water level within the plant boundaries to prevent structural damage to buried tanks and tunnels. The dewatering system was constructed in two phases, one in 1972 and the second in 1992. The 1972 part is called the "Primary Basin Underdrain" and the 1992 part is called the "Basin Underdrain" system. Figure 4 contains a schematic of the underdrain dewatering system. The underdrain dewatering system consists of a series of perforated pipes that extend under all of Seneca's tanks and its central tunnel. The pipes bring groundwater to one of two sumps. The Primary Basin Underdrain pipes bring water to the east sump and the Basin Underdrain pipes bring water to the west sump. Two pumps serve the east sump and three pumps serve the west sump. These pumps send the underdrain water from the sumps to a common pipe that then conveys the combined underdrain water to the plant's cascade aerator and then out of the plant via the outfall pipe to the Minnesota River. Eagan Water Reuse Feasibility Study The DNR appropriations permit limits for the dewatering flow are as follows: Primary Basin Underdrain system (also called "east" and "original" system): o Instantaneous rate shall not exceed 3,700 gpm o Annual daily average rate shall not exceed 625 gpm. Basin Underdrain system (also called "west" system): o Instantaneous rate shall not exceed 6,000 gpm o Annual daily average rate shall not exceed 833 gpm Combined appropriation (Primary Underdrain and Basin Underdrain systems combined): o Daily average, on a yearly basis, shall not exceed 2.1 mgd Historically, the flow rate ranges from Exhibit 1 800 to 1600 gpm. Additional information Seneca WWTP Reuse Sampling Program Sampling Points about the underdrain dewatering system is contained in Appendix A. Cascade Aerator Effluent Sample Point In June 2015, MCES began a sampling program to gather water quality data about the two potential reuse water = 6 To Minnesota River Lhlorine k01 sources at Seneca: the plant effluent and �+� 9% the underdrain dewatering water. This ♦ Underdrain Sample -Oz ,-- Point sampling program supplemented the 460 plant's regular permitting and operational sampling. Exhibit 1 depicts the sampling Underdrain Pumps locations for the plant effluent and the underdrain dewatering water. Table 1 contains sampling results as of December 2015. Observations about the Seneca WWTP effluent results include the following: Permitted parameters meet MPCA NPDES permit requirements 0 The chloride average of 315 mg/L, total dissolved solids average of 2,214 mg/L, and the sodium average of 544 mg/L would have adverse impacts on irrigation and applications such as industrial cooling water if untreated V1 The sulfate average of 970 mg/L and sulfur average of 308 mg/L are high in comparison to other MCES WWTPs and are likely due to permitted industrial discharge • Sampling for fecal and total coliform stopped in November when effluent chlorination stopped • Other constituents are within the normal range for secondary WWTPs with biological phosphorus reduction Observations about the Seneca underdrain dewatering water results include the following: Most constituent values are consistent with values typically found in shallow groundwater The total coliform average was 681 MPN/100 mL and the standard deviation was 1,786. The fecal coliform average MPN/100 mL was 19 and the standard deviation was 73. These values reflects two samples with high counts. MCES is investigating possible reasons for these high values. MCES will continue sampling the Seneca plant effluent until at least June, 2016 and the combined underdrain dewatering water sample until a years' worth of samples are available. Eagan Water Reuse Feasibility Study Table 1 Effluent and Underdrain Dewatering Water Sampling Results Constituent Unit Average Standard Deviation e Average Standard Deviation Alkalinity (as CaCO3) mg/L 177.80 7.65 309.58 24.32 Aluminum (Al) mg/L 0.08 0.04 0.01 0.02 Ammonia (NH3) mg/L 0.37 0.41 0.06 0.04 Ammonium (NH4) mg/L 0.48 0.52 0.07 1 0.05 Arsenic (As) mg/L 0.00 0.00 0.01 0.02 Bicarbonate (HCO3) mg/L 177.80 7.65 311.21 12.13 Boron (B) mg/L 0.39 0.03 0.00 0.00 Calcium (Ca) mg/L 65.23 5.99 86.43 8.06 Carbonaceous Biochemical Oxygen Demand (CBOD) mg/L 1.70 0.63 0.74 0.61 Chemical Oxygen Demand (COD) mg/L 31.79 5.56 14.20 12.26 Chloride (Cl) mg/L 317.48 26.61 44.13 4.87 Dissolved Oxygen (DO) mg/L 8.24 0.51 7.90 0.50 Electrical Conductivity umho/cm 3384.52 283.30 798.50 23.52 Fecal Coliform MPN/100 ml 24.60 25.22 18.53 72.57 Hardness (as CaCO3) mg/L 277.63 11.61 380.00 39.64 Iron (Fe) mg/L 0.17 0.06 6.77 9.19 Magnesium (Mg) mg/L 25.83 1.88 32.03 3.41 Manganese (Mn) mg/L 0.05 0.01 0.73 0.92 Nitrate (NO3) mg/L 19.40 1.46 0.19 0.08 Nitrite (NO2) mg/L 0.15 0.14 0.00 0.00 Nitrogen, Total (TN) mg/L 21.12 4.16 0.18 0.08 Nitrogen, Total Kjeldahl (Total: TKN) mg/L 2.30 0.57 NA NA pH unit 7.35 0.08 NA NA Phosphorus (total: TP) mg/L 0.60 0.43 NA NA Potassium (K) mg/L 13.18 0.97 2.67 2.10 Silica, molybdate reactive mg/L 15.44 1.22 21.85 1.31 Sodium (Na) mg/L 564.00 123.25 22.52 26.33 Sulfate (SO4) mg/L 981.62 145.11 39.49 2.82 Sulfur (S) mg/L 312.85 48.00 12.73 0.76 Total Coliform MPN/100 ml 8513.20 9565.72 681.00 1785.83 Total Dissolved Solids (TDS) mg/L 2208.08 232.14 434.65 52.83 Total Organic Carbon (TOC) mg/L 8.91 0.80 1.49 0.63 Turbidity NTU 3.26 1.65 45.37 68.78 Seneca WWTP Effluent has 7 months' worth of data. 2 Seneca Underdrain Dewatering Water has 6 months' worth of data. Results are from "Basin Underdrain" area (west underdrain area) only. Future sampling will include both east and west underdrain areas. NA: Not available Eagan Water Reuse Feasibility Study Potential Reuse Water Uses and Demands Using the City's water account data, Barr Engineering identified potential reuse water users and estimated their level of demand. These potential users were identified based on volume of water use, water quality needs, and/or proximity to other proposed reuse water users or proposed pipelines. Sources of water use data included irrigation accounts and potable accounts. Barr's full technical memorandum documenting the results of this task is in Appendix B. The assumed reuse system uses and demand are summarized in Table 2. Potential irrigation users are shown in Figure 5. Table 2 Total Proposed Reuse Potential Users and Estimated Demand Regulatory Issues Regulatory issues depend on the source of the reuse water and the type of reuse. At this point in the study, the assumed primary type of reuse is irrigation. If other non -potable water use or firefighting use come to fruition, the specific regulatory requirements for those uses will be reviewed. Seneca WWTP Effluent as Reuse Water Source for Irrigation MPCA Reuse Requirements: The Minnesota Pollution Control Agency (MPCA) requirements for effluent reuse for irrigation purposes are shown in Table 3. Comparing the effluent sampling results presented in Table 1 with the regulatory requirements indicates that additional disinfection would be needed to meet the total coliform requirement. Seneca WWTP currently has secondary treatment, but does not have filtration. Even without filtration, the plant very nearly complies with the turbidity limit for reuse. To comply with the turbidity limit, as well as the MPCA minimum level of treatment requirements, filtration would be needed. Table 3 MPCA Effluent Reuse Requirements for Irrigation Irrigation of residential landscape, 2.2 MPN/100 mL Total Coliform Secondary Treatment parks, playgrounds, school yards, 2 NTU daily average; 10 NTU daily Filtration golf courses maximum turbidity Disinfection MPN = Most Probable Number mL = milliliters NTU = Nephelometric Turbidity Units NPDES Permit: Seneca WWTP operates under an NPDES permit that regulates discharge of the plant effluent. If the effluent is used for reuse purposes, the NPDES would need to be modified. Eagan Water Reuse Feasibility Study Dewatering well definition: Minnesota Statutes, Chapter 1031, and Minnesota Rules, Chapter 4725, define dewatering wells and state that a dewatering well cannot be used to supply irrigation water. CH2M HILL reviewed these statues and rules as compared to the existing underdrain dewatering system and concluded that Seneca's underdrain dewatering system did not constitute a dewatering well and could be used for irrigation purposes (see Appendix C for details). This conclusion will be reviewed with regulatory agencies in future communications. Underdrain Reuse Treatment Requirements. CH2M HILL also reviewed the requirements for treatment of the underdrain water with the Minnesota Department of Health (MDH) and the Minnesota Department of Labor and Industry (see Appendix C for details). MDH confirmed that Minnesota does not have water quality requirements that apply to the use of groundwater for irrigation purposes. The Department of Labor and Industry also does not have any water quality requirements. The Department of Labor and Industry does have requirements in the Minnesota Plumbing Code that apply to irrigation piping systems that are connected to potable water systems. The requirements would have to be followed for the irrigation distribution piping. DNR Water Appropriation Permits: As mentioned previously, MCES has two water appropriations permits for the Seneca WWTP: one for the Primary Basin underdrain dewatering system and one for the Basin Underdrain system. The permits have been combined so the plant can pump from either set of pumps at the rate of the combined permit totals. The permits require the underdrain water to be mixed with the plant effluent and discharged through the plant outfall to the Minnesota River. Modifying the underdrain discharge to distribute water to reuse users may require DNR approval. Treatment Concepts and Costs CH2M HILL developed treatment concepts and costs in the memo Concepts and Costs forSeneca Wastewater Treatment Plant Reuse (see Appendix C) for use of either Seneca WWTP effluent or underdrain dewatering water for irrigation purposes. Costs for use of Seneca effluent exceeded costs for use of underdrain dewatering water by a large margin. Because either source could meet the projected reuse demand, underdrain dewatering water was chosen as the reuse water source. Although MPCA's effluent reuse standards do not apply to underdrain dewatering water, the underdrain dewatering water treatment concept assumes that the underdrain water will be treated with sodium hypochlorite from the plant's disinfection system. The sodium hypochlorite dosing will provide reduction of total coliform below the effluent reuse water quality requirement and will also prevent biofouling of the irrigation distribution piping. A dose of 2 mg/L is assumed to provide at least a 1 mg/L residual chlorine concentration at the Seneca WWTP boundary (at the intersection of Plant Road and Comanche Road) where the proposed reuse distribution system will begin. Figure 6 shows the concept for providing underdrain dewatering water for reuse purposes. The concept includes using the existing underdrain system pumps in the existing tunnel to pump underdrain water to the proposed reuse distribution system piping. A new isolation valve is required on the 16 -Inch pipe that currently conveys the combined underdrain water to the cascade aerator outlet. The underdrain water would be redirected through the existing 16 -inch pipe located in the tunnel between the aeration basins. A 16 -inch tee connection and isolation valve is required to redirect underdrain water through a new 16 -inch pipe in the tunnel that separates the primary clarifiers and aerations basins. New 16 -inch buried pipe would convey the underdrain water to the distribution system piping (designated as "Distribution System Connection Point" in Figure 6). The estimated capital and operations and maintenance cost for the underdrain dewatering reuse system are presented in Table 4. For details about the cost estimates, see Appendix C. 5 Eagan Water Reuse Feasibility Study Table 4 Seneca Underdrain Dewatering Water Reuse - Conceptual Level Capital and Operations and Maintenance Costs Piping from Underdrain Connection to Distribution System Connection Point $668,300 Hypochlorite Piping and Analyzer $25,000 $1,000 Allowances for Mechanical $36,500 Subtotal $729,800 $1,000 Additional Project Costs Overall Sitework 2% $14,600 Plant Computer System 2% $14,600 Yard Electrical 2% $14,600 Subtotal with Additional Project Costs $773,600 $1,000 Contractor Markups Overhead 10% $77,400 Subtotal $851,000 Profit 5% $42,600 Subtotal $893,600 Mob/Bonds/Insurance 5% $44,700 Subtotal $938,300 Contingency 30% $281,500 Subtotal with Markups $1,219,800 Non Construction Cost Permitting 1% $12,200 Engineering 10% $122,000 Services During Construction 6% $73,200 Commissioning and Startup 6% $73,200 Subtotal Non Construction Cost $280,600 Total Cost $1,500,400 $1,000 Distribution System Concept and Costs Barr Engineering developed distribution system concepts and costs in the memo Eagan Water Reuse Feasibility Study, PartA (see Appendix B). The recommended distribution system includes collection and storage (called "pump suction storage") of reuse water at the Seneca WWTP boundary (at the intersection of Plant Road and Comanche Road), distribution system piping, and storage in the distribution system to maintain pressure. Exhibit 2 shows the reuse water distribution system concept. 6 Exhibit 2 Reuse Water Distribution System Concept MCES Seneca Reuse Water Backup Supply I Pump Suction Distribution Storage Pumps. Eagan Water Reuse Feasibility Study System Storage Distribution Piping End user (irrigaton or truck wash) In order to minimize future costs and provide flexibility, the pump suction storage should be sized to accommodate the maximum future pumped flow the reuse system may provide. The minimum storage volume required in the wet well upstream of the distribution pumps was based on the following: 1. Minimum design capacity (peak day demand) = 2,291 gpm 2. Maximum number of pump motor starts per hour= 2 3. Future design capacity (future demand) = 4,583 gpm Using these criteria, pump suction storage sizing is shown in Table 5. Table 5 Pump Suction Storage The purpose of the distribution system storage is to maintain system pressure and to minimize the number of pump starts. The recommended type of distribution system storage is pressure tanks based on the following design parameters: 1. Minimum pump flow rate/inflow to tank= 350 gpm 2. Critical demand/outflow = 175 gpm 3. Maximum number of supply pump motor starts per hour= 2 A minimum volume for the recommended pressure tank storage approach is 2,625 gallons. The proposed distribution system layout is shown in Figure 7, "Proposed Reuse Water Distribution and Irrigation Users." The conceptual alignment consists of a single trunk main and four laterals. One crossing of Highway 13 is anticipated. The part of the trunk main running adjacent to the railroad on the west side of the study area is for fire protection use. The sizing for the trunk main and laterals was based on maintaining a velocity below 3 feet per second. System looping is not anticipated because pressure variations can be effectively controlled with pipe sizing and irrigation scheduling between geographic areas. As the system expands, looping may be desirable. Eagan Water Reuse Feasibility Study Recommended Distribution System The recommended distribution system components to be implemented as a first stage include those shown in Table 6. Although no laterals are included, the recommended trunk watermain sizing provides capacity for adding future laterals as well as for future users. Table 6 Recommended Distribution System Components Table 7 shows the estimated capital cost of the components. The estimated annual operations, maintenance, and replacement cost is $62,600. Detailed capital and operations, maintenance, and replacement cost estimates are included in Burr's tech memo in Appendix B. Summary A concept for treating and using underdrain dewatering water from the Seneca WWTP for reuse water in the study area was developed. * Capital costs for treating and conveying the reuse water to the Seneca WWTP boundary at Plant Road and Comanche Road were estimated at $1.5 million. Annual O&M costs were estimated at $1,000. Potential uses identified for reuse water included irrigation, other non-specified non -potable water use, and firefighting along the railroad corridor adjacent to the Minnesota River. A concept for distributing reuse water to irrigation users in the study area was developed. Capital costs for distributing reuse water were estimated at $5.54 million. Annual O&M and replacement costs were estimated at $62,600. Eagan Water Reuse Feasibility Study Figures niii, s - a a. o n a!"," I'll. y b CT paV nk al 'us m,: -t, ,. " a ntion-fl-,.�, r I/ --------------- IN, ---- ----------- --------------------------------------- Nt _0 T, his page intenti Figure 3 Seneca WWTP Treatment Processes Snelrt Ssr ober Water Dewoterine Centrate -- AIh--------------------------, Thickene€ C:entrate Primary Clarifier, _PnmarY-- ! Dewatering Multip Holdin-a Tank #2 - „M {2� Sludge TCentrife�ves (3} ----� 1 iDrIft -- VZAS Inis page iank in ! — f, �? � rn its tA S uw C3rnaILL 0 75 N 43 4-5 - ------ --------- E - 1 rn .......... ............ uw C3rnaILL 0 N 4-5 - ------ --------- E - 1 .......... ............ 0 ad PLO .......... .. . ....... ....... . .. en Z3 11 jl--Il co CM0 h all, e n t li, o Numbers in 1,000 gallons (kgal) per year (Highest Annual Use of 201010 2015) Land Use Data (Met Council 2010 Generalized Land Use) Municipal Boundary Current (2010) Land Use** j`_ Industrial and Utility __ County Boundary Single Family Detached Institutional Project Area , .Single Family Attached' .Park, Recreational or Preserve Multifamily Golf Course I Study Area Irrigation Water Users' ; Retail and Other Commercial Major Highway '. Office _ Agricultural ' Mixed Use Residential Undeveloped i -- ¢ Mixed Use Industrial Water h s --a e in! it lank ok nt fni�Jkc)iriaH t y Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA X. Authorize submittal of FY 2017 Community Development Block Grant (CDBG) Application Action To Be Considered: To authorize submittal of the City's FY 2017 Community Development Block Grant (CDBG) Application and adopt a Resolution approving the funding application request. Facts: ➢ The US Department of Housing and Urban Development (HUD) provides block grant funding for programs that conform to national objectives and eligible activities that meet Community Development Block Grant (CDBG) Program regulations. ➢ The City of Eagan's CDBG allocation is administered through a subrecipient agreement with the Dakota County CDA. The coordination of the program by the CDA permits various cities within the County to focus on a range of specific eligible activities unique to their situations and the CDA is able to balance the activities countywide to ensure that the overall County allocation meets all HUD eligibility requirements. ➢ The CDBG fiscal year begins July 1. -The application deadline to the CDA for local governments had been set January 20, 2017. A draft application was submitted for review to meet the deadline requirements. A resolution adopted by the City Council is required to finalize the application. ➢ 2017 CDBG allocation will be rebalanced due to changes in Census information. Based on Dakota County's FY 2016 allocation of $1,772,394, the estimated FY 2017 CDBG allocation for the City of Eagan is expected to be $194,436. Proposed Program Funding: Housing Rehabilitation: ➢ The CDA administers a County -wide housing rehabilitation program to assist income qualified households in making eligible housing upgrades. Funding for this program comes from two sources — a base amount allocated by the CDA and additional funds designated from CDBG allocations of the individual cities. ➢ City Staff suggests continuing to fund this program for FY 2017 with the balance of its funding allotment. However, any increases or reductions as a result of final appropriations are anticipated to come from this activity. Agenda Information Memo February 7, 2017 Eagan City Council Meeting Public Service Programs: ➢ The Eagan Parks Department is proposing a similar budget of $35,000 to fund successful Public Service programs which were funded with CDBG dollars since 2009. These programs include: an after school and summer program for 6-8 graders, a recreational program for homeless youth at Dakota Woodlands homeless shelter, and a senior outreach health and wellness program. ➢ New to the FY 2016 application was a pilot preschool program proposed on a limited basis as part of the Public Service Programming budget. The program is designed to defray costs to approximately 5-10 underserved families with 2-5 year olds. City Staff would like to continue the pilot program through the 2017 programming year. ➢ A proposed budget for all requested programs is attached along with previous years funding allocations. Attachments: CX -1 Proposed FY 2017 CDBG application budget CX -2 Resolution approving FY 2017 application City of Eagan 2017 Proposed Community Development Block Grant Fund Budget Proposed Activity Budget '14 Budget '15 Budget '16 Budget '17 Historic Rehab -Old Town Hall $100,000 Housing Rehabilitation $153,927 $53,033 $148,077 $159,436 Weatherization Plus* $5,000 $5,000 $5,000 Youth and Family Development Services After school programs $18,000 $18,000 $18,000 $18,000 Homeless youth programming $4,000 $4,000 $4,000 Senior services* $17,000 $13,000 $10,500 $10,500 Preschool programming $2,500 $2,500 Total $193,927 $193,033 $188,077 $194,436 *note: remaing Weatherization Plus pilot program funding was shifted into Housing Rehabilitation by the CDA and program terminated. RESOLUTION NO. CITY OF EAGAN A RESOLUTION APPROVING THE APPLICATION FOR FISCAL YEAR 2017 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING WHEREAS, the City of Eagan is a participating jurisdiction with the Dakota County Community Development Block Grant (CDBG) Entitlement Program for Fiscal Year 2017 (ending June 30, 2018); and WHEREAS, the Dakota County Community Development Agency (CDA) is a Subgrantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County CDA has requested Fiscal Year 2017 CDBG applications be submitted by January 20, 2017, based on an allocation of funds approved in the Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan hereby approves the following: 1. The Fiscal Year 2017 CDBG application is approved for submission to the Dakota County CDA. 2. The City Administrator for the City is authorized to execute the application and all agreements and documents related to receiving and using the awarded CDBG funds. The Dakota County CDA is designated as the administrative entity to carry out the CDBG program on behalf o the City/Township, subject to future Subrecipient Agreements that may be required for specific CDBG-funded activities. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mike Maguire, Mayor and Christina M. Scipioni, City Clerk, City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan City Council in a regular meeting thereof assembled this 71h day of February, 2017. Mike Maguire, Mayor Christina M. Scipioni, City Cleric Agenda Information Memo February 7, 2017 Eagan City Council Meeting I:�%P►�9�Ii<�i_T�i Y. Direct Ordinance Amendment Relative to the Sign Ordinance Action To Be Considered: Direct City staff to work with the City Attorney to prepare an Ordinance Amendment to Chapter 11, Subd. 28, Placement, construction and maintenance of signs. Required Vote For Approval: Majority of Council Members Present Facts: ➢ Several housekeeping items are necessary to bring the Sign Ordinance up to date. ➢ Table A (Billboard locations) has not been updated to reflect current conditions and other Code Amendments to Chapter 11 have inadvertently impacted the layout of the Sign Ordinance. ➢ The City Attorney's office has been consulted and will draft the ordinance language. ➢ The anticipated timing would have the amendment before the APC for a Public Hearing on February 28, 2017 and Council action in March. Attachments: (0) Agenda Information Memo February 7, 2017, Eagan City Council Meeting CONSENT AGENDA Z. Adopt A Resolution Approving The Updated Dakota County All Hazard Mitigation Plan Action To Be Considered: Adopt a resolution approving the updated Dakota County All Hazard Mitigation Plan. Facts: ➢ Under the Federal Disaster Mitigation Act of 2000 (DMA2000), to remain eligible for disaster related federal hazard mitigation grant funds, the Dakota County All Hazard Mitigation Plan must be updated every five years. In March 2016, the City adopted a resolution to participate in updating the five year Dakota County All Hazard Mitigation Plan. ➢ City staff participated collaboratively with County staff and other participating communities throughout the plan update process. ➢ On December 29, 2016, the plan update was approved by the Minnesota Division of Homeland Security and Emergency Management (HSEM), and the Federal Emergency Management Agency (FEMA). ➢ In order for the City to be recognized by HSEM and FEMA as a participant in the Dakota County All Hazard Mitigation Plan, the approved plan must be formally adopted by the City. Attachments: (1) CZ -1 Resolution RESOLUTION OF THE CITY OF EAGAN ADOPTION OF THE DAKOTA COUNTY ALL -HAZARD MITIGATION PLAN WHEREAS, the City of Eagan has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and WHEREAS, the Act establishes a framework for the development of a multi jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Dakota County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Dakota County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Dakota County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Dakota County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, the Dakota County All -Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS, this is a multi jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED that the City of Eagan supports the hazard mitigation planning effort and wishes to adopt the Dakota County All -Hazard Mitigation Plan. ADOPTED this 7th day of February, 2017. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo February 7, 2017, Eagan City Council Meeting CONSENT AGENDA AA. Approve A Resolution And Partnership Agreements To Accept Cash & In -Kind Donations For Upcoming 2017 Events From Multiple Partners. Action To Be Considered: To approve a resolution and partnership agreements to accept cash and in-kind advertising donations from the following organizations, to authorize the necessary budget adjustments and direct the Mayor and City Clerk to sign the appropriate documents. Cash Donations ➢ Argosy University ($1,500) o Market Fest Partner ➢ Central Park Commons ($1,500) o Food Truck Festival Partner ➢ Dr. Jennifer Eisenhuth Orthodontics ($500) o Market Fest Family Night Partner ➢ Genisys Credit Union ($5,000) o $500 Holz Farm Old Fashioned Holiday o $2,000 Eagan Puppet Wagon o $2,500 Halloween Hodgepodge ➢ Think Bank ($7,500) o Market Fest Entertainment Partner ➢ The Urgency Room ($6,500) o $1,500 Food Truck Festival o $5,000 Eagan Market Fest for POP Club (Kids Power of Produce initiative) Advertising In -Kind Donations ➢ Sun Thisweek Newspaper ($8,617.50) 0 3 column x 7" full color ads to run in the Burnsville/Eagan zone at a discounted price of $208.50 per ad (Regular price: $591.00) for weekly Market Fest and Puppet Wagon. 0 3 column x 10.5" (quarter page) full color ads $877.25) for Community Connections, Big Rig Rally, Food Truck Festival, Harvest of Art and Halloween Hodgepodge. o The difference between the regular price and the discounted pricing is considered the partner's in-kind donation to support promotional efforts for these events. The total value of the in-kind donations for the listed events is $8,617.50 ➢ Twin Cities Wellness Radio ($2,500) o Radio Public Service Announcements of 30 and 60 seconds. o Eagan Market Fest logo on the KDIZ AM website during the month of August for Health and Wellness Night. o Live recording of radio broadcast from Market Fest on Health and Wellness Night on Wednesday, August 9, 2017. Facts: ➢ The Urgency Room is renewing their event partnerships of the Food Truck Festival and Market Fest POP Club for the third year. ➢ Think Bank, Genisys Credit Union and Sun Thisweek Newspapers have been long-term City of Eagan event partners. ➢ Argosy University, Dr. Jennifer Eisenhuth Orthodontics and Twin Cities Wellness Radio are continuing their partnership with Eagan Market Fest for the second year. ➢ Market Fest is a popular community engagement event held on Wednesdays from the beginning of June to the end of September. It features a farmer's market, concerts in the park, a family art experience and value-added theme night activities. ➢ All cash donations listed above were budgeted for. Attachments: (1) CAA -1 Resolution CITY OF EAGAN RESOLUTION TO ACCEPT DONATIONS FOR UPCOMING 2017 EVENTS FROM MULTIPLE PARTNERS WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, Argosy University, Central Park Commons, Dr. Jennifer Eisenhuth Orthodontics, Genisys Credit Union, Think Bank, The Urgency Room, Twin Cities Wellness Radio and Sun Thisweek Newspaper, have expressed an interest in partnering with Eagan Parks & Recreation to support upcoming 2017 community events; and WHEREAS, the following organizations have agreed to donated the listed amount to support 2017 community events: Argosy University ($1,500), Central Park Commons ($1,500), Dr. Jennifer Eisenhuth Orthodontics ($500), Genisys Credit Union ($5,000), Think Bank ($7,500), The Urgency Room ($6,500), Twin Cities Wellness Radio an in-kind promotional donation (valued at $2,500) and Sun Thisweek Newspaper an in-kind advertising donation (valued at $8,617.50); and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the following donations: Argosy University ($1,500), Central Park Commons ($1,500), Dr. Jennifer Eisenhuth Orthodontics ($500), Genisys Credit Union ($5,000), Think Bank ($7,500), The Urgency Room ($6,500), Twin Cities Wellness Radio an in-kind promotional donation (valued at $2,500) and Sun Thisweek Newspaper an in-kind advertising donation (valued at $8,617.50); to support Eagan Parks & Recreation community events. Motion made by: Seconded by: Those in favor: Those against: Dated CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Cleric CERTIFICATION I, Christina M. Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7th day of February, 2017. City Clerk Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA BB. Approve A Memo Of Understanding Between The City Of Eagan And Rasmussen College Action To Be Considered: Approve a Memo of Understanding between the City of Eagan and Rasmussen College. Facts: ➢ The Minnesota Legislature passed legislation requiring postsecondary institutions and local law enforcement agencies to enter into a Memorandum of Understanding (MOU) outlining responsibilities and information sharing about certain crimes. ➢ Information will be shared in accordance with state and federal privacy laws. ➢ The City is not legally required to provide information to the institution. ➢ The purpose for this MOU is to acknowledge shared interests between the City and the Institution while promoting a cooperative effort. ➢ It is not intended to make one entity responsible or liable for actions or omissions of any personnel. ➢ The City will consider sharing information in cases involving sexual Assaults and domestic violence cases.. ➢ The City will also assist the institution with the collection of crime stats annually, for reporting purposes. ➢ This agreement has been reviewed by our City Attorney. Attachment: (1) CBB-1 Memo of Understanding MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into effective December 31, , 2016, by and between Rasmussen College Eagan Campus , a post -secondary institution ("Institution") and the City of Eagan ("City"). The City and the Institution may, from time to time herein, be collectively referred to as "the Parties." WHEREAS, the City and the Institution have a long history of cooperation regarding their shared mutual interests in a strong, safe, and vibrant community; WHEREAS, the City has a department, the Eagan Police Department ("PD"), that is the principal law enforcement agency in the City of Eagan, Minnesota, that exercises such authority and jurisdiction granted by the laws of the State of Minnesota; and WHEREAS, the Minnesota Legislature recently passed legislation, Minn. Stat. § 135A.15, 2015 Minn. Laws, Ch. 69, Art. 4, Sec. 2, addressing campus sexual assault that, among other things, requires postsecondary institutions and local law enforcement agencies to enter into a memorandum of understanding that delineates responsibilities and requires certain information sharing, in accordance with applicable state and federal privacy laws, about certain crimes. WHEREAS, the recently passed legislation also requires that local law enforcement agencies cooperate with postsecondary institutions by entering into and honoring the memoranda of understanding required by the new legislation, Minn. Stat. §626.891, 2015 Minn. Laws, Ch. 69, Art. 4, Sec. 3. WHEREAS, the Institution has an administrator that serves as the Title IX Coordinator and is responsible for investigating complaints of discrimination and sexual harassment, which includes sexual assault, domestic violence, dating violence and stalking; WHEREAS, the City and the Institution agree that crime occurring on and near a campus is a serious problem that warrants the parties' continued cooperation, collaboration, and communication, to the extent allowable under law, and further agree the parties need to assist crime victims and aid appropriate prosecution of responsible persons when a crime affecting an Institution student or employee occurs in the City; WHEREAS, in recognition of the Institution's obligations under federal law and acknowledgment that the City may, but is not legally required to, provide information to the Institution, the purpose of this MOU is to acknowledge shared interests between the City and the Institution and to promote and maintain a continued, harmonious working relationship and cooperative effort between the parties. It is not intended to make one entity responsible or liable for the actions or omissions of any personnel from the other entity, and any such liability or responsibility is expressly denied by the parties; and WHEREAS, the parties desire to further clarify how they may cooperate in the future in certain circumstances as more fully described herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Sexual Assault and other forms of Sexual Violence. As set forth herein, the parties agree to confer and cooperate, to the extent permitted by law, regarding incidents of sexual violence involving an Institution student -victim or student -suspect. For purposes of this MOU "sexual violence" means a continuum of conduct that includes sexual assault, sexual battery, dating and relationship violencel, stalking, as well as aiding acts of sexual violence. Nothing in this MOU shall be construed as requiring PD to share information with the Institution if PD reasonably believes that doing so would jeopardize its criminal investigation. The Institution and PD will communicate regularly during their respective investigations, to the extent permitted by law. The parties recognize the need to balance the interests of the criminal process and the Institution's obligations under state and federal law. b. If necessary to prevent interference with its criminal investigation, PD will provide the Institution a report of sexual violence involving an Institution student - victim. PD will provide Institution with the victim's name and basic information about the incident upon the written consent of the victim(s). In some cases, the Institution may need to take immediate interim action to protect the victim(s) and keep the campus safe. However, upon PD's request, Institution will delay taking action to the extent reasonably possible to prevent interference with the criminal investigation. Upon such notice by PD, the Institution will limit information regarding the incident to only those administrative units with a need to know to protect the campus community. In such cases, PD will notify Institution when it has completed its initial investigation and notification to the parties by Institution will not interfere with the criminal investigation. c. When Institution receives a report of sexual violence, it will inform the victim of the victim's right to make a criminal report, if the victim desires. If the victim requests, the Institution will coordinate and assist the victim in contacting PD. d. The Institution will provide PD with copies of policies and procedures regarding the Institution's administrative complaint process, protective measures, campus resources, and information provided to victims regarding preservation of evidence. e. Upon request, the parties will provide one another with information and records to the extent allowed or required by law and in accordance with applicable policy. 2. Domestic Violence and Stalking. The Institution agrees to provide PD information (e.g., office name and contact information) about campus resources for victims of domestic violence and/or stalking. PD agrees that its investigators will strive to provide this information to student -victims as appropriate. 1 "Relationship violence" shall include violations and attempted violations of any type of protective order issued by a court. 2 1 P r - 3. Collection of Crime Statistics. The Institution warrants it is required by federal law to collect and publish statistics for reports of certain crimes, including crimes that occur on and around campus. As part of that obligation, the Institution must request crime statistics from PD annually. PD agrees to cooperate with the Institution and undertake reasonable efforts to respond to the Institution's request for crime statistics. 4. Emergency Notification and Crime Alerts. a. The Institution warrants it is required by federal law to have an emergency notification process to alert the campus community about significant emergencies or dangerous situations that pose an immediate threat to the health or safety of students or employees occurring on campus. The Institution is also required by federal law to issue timely warnings to alert the campus community about crimes that pose a serious or continuing threat to safety when a crime is ongoing or may be repeated. b. If PD is aware of a significant emergency, dangerous situation, or ongoing crime that poses an immediate threat to the health and safety of the Institution's students, faculty or staff, PD may notify the Institution so that the Institution can determine whether an emergency notification or timely warning should be issued by the Institution. 5. Training. The parties agree to collaborate to provide education and training opportunities of interest to the parties as agreed upon by both parties.. 6. Periodic Meetings. The parties agree to meet as needed to discuss matters relating to this MOU, including: a. Critically evaluate and discuss the effectiveness of the cooperation of the parties pursuant to this MOU and identify areas for improvement; b. Review and confirm the accuracy of the information contained on materials (such as the information sheet and victim resource card) handed out pursuant to this MOU; and c. Discuss any other matters of importance to the parties. 7. Term. This MOU is effective on or upon the date the final required signature is obtained by Institution, whichever occurs later, and shall remain in effect until December 31, 2019. The parties shall endeavor to examine this MOU as the end date approaches to ensure compatibility and effectiveness with any changes in laws, policies, or circumstances. 8. Termination. Either party to the MOU may terminate it upon 30 days' prior written notice without necessity of demonstrating cause; provided, however, that either party 3 1 P may terminate this MOU immediately upon written notice to the other party in the event that such action is necessary for significant health or safety issues or to comply with applicable law. 9. Modification. This MOU may be modified only in a writing signed by both parties. 10. Severability. If any provision of this MOU is held by a court of competent jurisdiction to be illegal or unenforceable, the remaining provisions of this MOU shall not be affected and shall be read as if the MOU did not contain the particular provision held to be invalid, unless to do so would contravene the present valid and legal intent of the parties. 11. Assignment. Neither party may assign nor transfer any rights or obligations under this MOU without the prior written consent of the other party. 12. Liability. Each party is responsible for its own acts and behavior and the results thereof. Institution's liability is governed by the Minnesota Tort Claims Act, Minn. Stat. §3.736, and other applicable law. The City's liability is governed by Minnesota Statute Chapter 466, and other applicable law. 13. No Third Party Beneficiary. This MOU is not intended to benefit any third party, nor shall any person who is not now or in the future a party hereto be entitled to enforce any of the rights or obligations of a party under this MOU. 14. Government Data Practices Act. The Parties must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to this MOU. 15. Applicable Law. This MOU shall be governed and interpreted in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the undersigned hereto have executed this Memorandum of Understanding this 7th day of February, 2017. THE CITY OF EAGAN INSTITUTION: Lo Mike Maquire, Mayor Attest: Christina M. Scipioni, City Clerk Its: 41P -i Agenda Information Memo February 7, 2017 Eagan City Council Meeting CONSENT AGENDA CC. Approve Memo Of Understanding Between The City Of Eagan And Argosy University Action To Be Considered: Approve a Memo of Understanding between the City of Eagan and Argosy University. Facts: ➢ The Minnesota Legislature passed legislation requiring postsecondary institutions and local law enforcement agencies to enter into a Memorandum of Understanding (MOU) outlining responsibilities and information sharing about certain crimes. ➢ Information will be shared in accordance with state and federal privacy laws. ➢ The City is not legally required to provide information to the institution. ➢ The purpose for this MOU is to acknowledge shared interests between the City and the Institution while promoting a cooperative effort. ➢ It is not intended to make one entity responsible or liable for actions or omissions of any personnel. ➢ The City will consider sharing information in cases involving sexual Assaults and domestic violence cases.. ➢ The City will also assist the institution with the collection of crime stats annually, for reporting purposes. ➢ This agreement has been reviewed by our City Attorney. Attachment: (1) CCC -1 Memo of Understanding MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into effective December 31, , 2016, by and between Argosy University Twin Cities , a post -secondary institution ("Institution") and the City of Eagan ("City"). The City and the Institution may, from time to time herein, be collectively referred to as "the Parties." WHEREAS, the City and the Institution have a long history of cooperation regarding their shared mutual interests in a strong, safe, and vibrant community; WHEREAS, the City has a department, the Eagan Police Department ("PD"), that is the principal law enforcement agency in the City of Eagan, Minnesota, that exercises such authority and jurisdiction granted by the laws of the State of Minnesota; and WHEREAS, the Minnesota Legislature recently passed legislation, Minn. Stat. § 135A.15, 2015 Minn. Laws, Ch. 69, Art. 4, Sec. 2, addressing campus sexual assault that, among other things, requires postsecondary institutions and local law enforcement agencies to enter into a memorandum of understanding that delineates responsibilities and requires certain information sharing, in accordance with applicable state and federal privacy laws, about certain crimes. WHEREAS, the recently passed legislation also requires that local law enforcement agencies cooperate with postsecondary institutions by entering into and honoring the memoranda of understanding required by the new legislation, Minn. Stat. §626.891, 2015 Minn. Laws, Ch. 69, Art. 4, Sec. 3. WHEREAS, the Institution has an administrator that serves as the Title IX Coordinator and is responsible for investigating complaints of discrimination and sexual harassment, which includes sexual assault, domestic violence, dating violence and stalking; WHEREAS, the City and the Institution agree that crime occurring on and near a campus is a serious problem that warrants the parties' continued cooperation, collaboration, and communication, to the extent allowable under law, and further agree the parties need to assist crime victims and aid appropriate prosecution of responsible persons when a crime affecting an Institution student or employee occurs in the City; WHEREAS, in recognition of the Institution's obligations under federal law and acknowledgment that the City may, but is not legally required to, provide information to the Institution, the purpose of this MOU is to acknowledge shared interests between the City and the Institution and to promote and maintain a continued, harmonious working relationship and cooperative effort between the parties. It is not intended to make one entity responsible or liable for the actions or omissions of any personnel from the other entity, and any such liability or responsibility is expressly denied by the parties; and WHEREAS, the parties desire to further clarify how they may cooperate in the future in certain circumstances as more fully described herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Sexual Assault and other forms of Sexual Violence. As set forth herein, the parties agree to confer and cooperate, to the extent permitted by law, regarding incidents of sexual violence involving an Institution student -victim or student -suspect. For purposes of this MOU "sexual violence" means a continuum of conduct that includes sexual assault, sexual battery, dating and relationship violencel, stalking, as well as aiding acts of sexual violence. Nothing in this MOU shall be construed as requiring PD to share information with the Institution if PD reasonably believes that doing so would jeopardize its criminal investigation. a. The Institution and PD will communicate regularly during their respective investigations, to the extent permitted by law. The parties recognize the need to balance the interests of the criminal process and the Institution's obligations under state and federal law. b. If necessary to prevent interference with its criminal investigation, PD will provide the Institution a report of sexual violence involving an Institution student - victim. PD will provide Institution with the victim's name and basic information about the incident upon the written consent of the victim(s). In some cases, the Institution may need to take immediate interim action to protect the victim(s) and keep the campus safe. However, upon PD's request, Institution will delay taking action to the extent reasonably possible to prevent interference with the criminal investigation. Upon such notice by PD, the Institution will limit information regarding the incident to only those administrative units with a need to know to protect the campus community. In such cases, PD will notify Institution when it has completed its initial investigation and notification to the parties by Institution will not interfere with the criminal investigation. c. When Institution receives a report of sexual violence, it will inform the victim of the victim's right to make a criminal report, if the victim desires. If the victim requests, the Institution will coordinate and assist the victim in contacting PD. d. The Institution will provide PD with copies of policies and procedures regarding the Institution's administrative complaint process, protective measures, campus resources, and information provided to victims regarding preservation of evidence. e. Upon request, the parties will provide one another with information and records to the extent allowed or required by law and in accordance with applicable policy. 2. Domestic Violence and Stalking. The Institution agrees to provide PD information (e.g., office name and contact information) about campus resources for victims of domestic violence and/or stalking. PD agrees that its investigators will strive to provide this information to student -victims as appropriate. 1 "Relationship violence" shall include violations and attempted violations of any type of protective order issued by a court. 2� 3. Collection of Crime Statistics. The Institution warrants it is required by federal law to collect and publish statistics for reports of certain crimes, including crimes that occur on and around campus. As part of that obligation, the Institution must request crime statistics from PD annually. PD agrees to cooperate with the Institution and undertake reasonable efforts to respond to the Institution's request for crime statistics. 4. Emergency Notification and Crime Alerts. a. The Institution warrants it is required by federal law to have an emergency notification process to alert the campus community about significant emergencies or dangerous situations that pose an immediate threat to the health or safety of students or employees occurring on campus. The Institution is also required by federal law to issue timely warnings to alert the campus community about crimes that pose a serious or continuing threat to safety when a crime is ongoing or may be repeated. b. If PD is aware of a significant emergency, dangerous situation, or ongoing crime that poses an immediate threat to the health and safety of the Institution's students, faculty or staff, PD may notify the Institution so that the Institution can determine whether an emergency notification or timely warning should be issued by the Institution. 5. Training. The parties agree to collaborate to provide education and training opportunities of interest to the parties as agreed upon by both parties.. Periodic Meetings. The parties agree to meet as needed to discuss matters relating to this MOU, including: a. Critically evaluate and discuss the effectiveness of the cooperation of the parties pursuant to this MOU and identify areas for improvement; b. Review and confirm the accuracy of the information contained on materials (such as the information sheet and victim resource card) handed out pursuant to this MOU; and c. Discuss any other matters of importance to the parties. 7. Term. This MOU is effective on or upon the date the final required signature is obtained by Institution, whichever occurs later, and shall remain in effect until December 31, 2019. The parties shall endeavor to examine this MOU as the end date approaches to ensure compatibility and effectiveness with any changes in laws, policies, or circumstances. 8. Termination. Either party to the MOU may terminate it upon 30 days' prior written notice without necessity of demonstrating cause; provided, however, that either party 3�', may terminate this MOU immediately upon written notice to the other party in the event that such action is necessary for significant health or safety issues or to comply with applicable law. 9. Modification. This MOU may be modified only in a writing signed by both parties. 10. Severability. If any provision of this MOU is held by a court of competent jurisdiction to be illegal or unenforceable, the remaining provisions of this MOU shall not be affected and shall be read as if the MOU did not contain the particular provision held to be invalid, unless to do so would contravene the present valid and legal intent of the parties. 11. Assignment. Neither party may assign nor transfer any rights or obligations under this MOU without the prior written consent of the other party. 12. Liability. Each party is responsible for its own acts and behavior and the results thereof. Institution's liability is governed by the Minnesota Tort Claims Act, Minn. Stat. §3.736, and other applicable law. The City's liability is governed by Minnesota Statute Chapter 466, and other applicable law. 13. No Third Party Beneficiary. This MOU is not intended to benefit any third party, nor shall any person who is not now or in the future a party hereto be entitled to enforce any of the rights or obligations of a party under this MOU. 14. Government Data Practices Act. The Parties must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to this MOU. 15. Applicable Law. This MOU shall be governed and interpreted in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the undersigned hereto have executed this Memorandum of Understanding this 7th day of February, 2017. THE CITY OF EAGAN INSTITUTION: Mike Maguire, Mayor Its: Attest: Christina M. Scipioni, City Cleric