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07/15/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING July 15, 2008 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE P 11. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES P. II B. PERSONNEL ITEMS 1013 C. APPROVE Check Registers 14 D. APPROVE Tobacco License for Chip Ly Lim, Comer's Liquor, 3090 Courthouse Lane E. APPROVE a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee (P F. APPROVE Joint Powers Agreement with the St. Paul Police Department for assistance during the Republican National Convention T G. AWARD Contract for fire engines Pki H. AUTHORIZE the issuance of Request for Proposal for development of government optical fiber network between the City of Eagan, Dakota County, Dakota County Community Development Agency, and the ALL State of Minnesota Office of Enterprise Technology ~07 I. APPROVE Change Order #1 for the Civic Arena West Mezzanine construction P J. AUTHORIZE Preparation of an Amendment of City Code Chapter 11 regarding the regulation of accessory Structures. ~<Sb K. AUTHORIZE Preparation of a Resolution to allow temporary deferment for MVTA to comply with Noise Attenuation Standards for Cedar Grove Transit Station. L. APPROVAL of contract between the City of Eagan and Servicemaster P~(35 M. APPROVE Amendment to Development Contract (Eagan Hills Alliance Church - Completion Date) 1p r®-~ N. APPROVE Change Order No. 3 for Contract 07-04 (Boulder Lakes Business Park / Lone Oak Road Street and Utility Improvements) O. ACKNOWLEDGE Completion / Authorize City Maintenance of City Project 04-P, Grand Oak 5 P. RECEIVE Bids and Award Contract 0-10 (Patrick Eagan Park - parking lot improvements) APPROVE a funding source for the Hoisington Koegler Group Inc. Meeting Facilitation Services - Carriage Hills Public Input ~.~te_-~ R. PROCLAIM August 5, 2008 as National Night Out in the City of Eagan S. APPROVE Change Order #2 and #3, Contract 07-05 (South Water Treatment Plant - Reroofing) V. el 15'APPOINTMENT TO CITY COUNCIL VACANCY VI. PUBLIC HEARINGS 1 • 19-A. VARIANCE - Factory Motor Parts - A Variance of 30' from the 50' setback requirement from Pilot Knob Road to allow construction of a generator and screen wall structure located at 1380 Pilot Knob Road on Lot 2, Block 2, Eagandale Office Park 2nd Addition in the NW '/4 of Section 03. la~B. VARIANCE - Shimelfarb Management Inc. - A Variance for a detached trash enclosure located at 4655 Nicols Road on Lot 3, Block 1, Cedarview Addition in the NW % of Section 31. 10 14) C. VARIANCE - Serviceall, Inc. - a Variance to allow a detached trash enclosure and a Variance of 37' to the required 50' setback from a state highway located at 4651 Nicols Road on Lot 2, Block 1, Cedarview Addition in the NW % of Section 31. VII. OLD BUSINESS T153A. GENERAL OBLIGATION STATE-AID STREET BONDS- Receive bids and award sale of $4,165,000 General Obligation State-Aid Street Bonds, Series 2008A, and engage Springsted, Inc. to perform continuing disclosure reporting and arbitrage rebate calculation requirements for such bonds. PISIB. COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT- Select Senior Living of Eagan - Yankee Doodle Properties - A Comprehensive Guide Plan Amendment from Medium Density to High Density, and a Planned Development Amendment to allow an assisted living facility located on Lots 1 and 2, Block 1, Terra Glen 3Id Addition in the NW % of Section 16. '631 C. DANIEL DRIVE TRAFFIC STUDY - Receipt of Traffic Study VIII. NEW BUSINESS Pa! j A. PRELIMINARY SUBDIVISION - Lindstrom Acres 2nd Addition - A Preliminary Subdivision of 2 lots 't~ located at 2950 and 2953 Skyline Drive on Lot 13, Block 1, Zehnder Acres and Lot 1, Block 1, Lindstrom n Acres in the SE % of Section 04. B. COMMUNITY TELEVISION - Memorandums of Understanding with the City of Burnsville and Thomson Reuters Corporation and additional actions to facilitate new studio operation and staffing. IX. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE I X. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time) XI. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS I XII. VISITORS TO BE HEARD (for those persons not on agenda) XI11. CLOSED SESSION XIV. ADJOURNMENT I City of EWo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 11, 2008 SUBJECT: AGENDA INFORMATION FOR JULY 15, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 15, 2008 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 15, 2008 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 July 1, 2008 regular City Council meeting and the June 12, 2008 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the July 1, 2008 regular City Council meeting are enclosed on pages through -f. • Minutes of the June 12, 2008 Special City Council meeting are enclosed on pages through, ~I' I I MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 1, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Acting Mayor Bakken, Councilmembers Fields and Tilley. Mayor Maguire was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, July 1, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Bakken, Councilmembers Fields and Tilley. Mayor Maguire was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:3 Nay:0 RECOGNITIONS AND PRESENTATIONS I The July 4th Funfest Committee was recognized for their efforts on the July 4`h celebration. Ken Koch highlighted the upcoming Funfest events. CONSENT AGENDA Acting Mayor Bakken noted that in the June 17 minutes, Councilmember Carlson moved, Councilmember Fields seconded the motion to adjourn the meeting. Councihnember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye:3 Nay: 0 A. It was recommended to approve the minutes of the June 17, 2008 regular City Council meeting as amended. B. Personnel Items 1. It was recommended to approve the hiring of Nick Larson as a part-time seasonal recreation assistant- adapted. 2. It was recommended to approve the hiring of Trinda Phelon, Alisah Natzel, Naomi Muckler, Carissa Fisher, Benjamin Cohen and Lily Peters as part-time seasonal lifeguards at Cascade Bay. 3. It was recommended to approve the hiring of Angela Hurley and Hannah martin as part-time seasonal pool attendants at Cascade Bay. 4. It was recommended to approve the hiring of Mats Norblom, Meredyth Frederickson, Diana Hansen, Nicholas Hamilton and Tara Novotny as part-time seasonal guest services at Cascade Bay. 5. It was recommended to approve the hiring of Helen Wing, Sue VonDeLinde, Michael Stiff and Kristin Benda as part-time fitness attendants at the Community Center. 6. It was recommended to approve the hiring of Efren Maldonado as a part-time fitness attendant/personal trainer at the Community Center. 7. It was recommended to approve the hiring of Kate Anderson as part-time seasonal building attendant II at the Civic Arena. 8. The hiring of Steven Nelson as a full-time overnight custodian at the Eagan Community Cetner was acknowledged. 9. The hiring of Todd Johnson as a full-time overnight custodian at the Campus Facilities was acknowledged. 10. Approved the summary restatement of Post Retirement Health Insurance Benefits and implementation of same for City of Eagan employees. C. It was recommended to ratify the check registers dated June 19, 2008 and June 26, 2008 as presented. D. It was recommended to schedule a Special City Council Workshop on Tuesday, August 26, 2008 at 5:30 p.m. Eagan City Council Meeting Minutes e : July 1, 2008 1 Page 2 E. It was recommended to approve a Joint Powers Agreement for development of Government Optical Fiber Network between the City of Eagan, Dakota County, Dakota County Community Development Agency, and the State of Minnesota Office of Enterprise Technology. F. It was recommended to approve a one-year extension of the Preliminary Subdivision, Variance and Conditional Use Permit approvals (Nature's Point) - Epic Developmetn X, LLC. G. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Sammy Sweet Cheeks, consisting of two single-family lots on approximately 1.0 acre located at 2888 Sibley Hills Drive in the SW '/4 of Section 04. H. It was recommended to receive the bids for Contract 08-02 (Lone Oak Road - Lift Station Upgrade) and award the contract to Minger Construction, Inc., for the base bid in the amount of $692,365.55, and authorize the Mayor and City Clerk to execute all related documents. L It was recommended to approve Change Order Numbers 7-10 for Contract 06-01, TH 149 Reconstruction. J. It was recommended to approve the plans and specifications for Contract 08-01 (Holland Lake - Lift Station Upgrade) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, July 22, 2008, at the Eagan City Hall, located at 3830 Pilot Knob Road, Eagan MN 55122. K. It was recommended to approve the first amendment to the T-Mobile lease agreements for telecommunications equipment on City reservoirs and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to authorize a Facility Evaluation Study of the South Water Treatment Plant Facility. M. It was recommended to authorize a Radio System Evaluation Study by SEH, Inc. N. It was recommended to approve a contract that would allow FCS to investigate minor check crimes and/or collect restitution from persons who write bad checks to City merchants. 0. It was recommended to approve a 90-day extension of time to record he final plat for Blue Gentian Corporate Center, located north and south of Blue Gentian Circle, in the NW '/4 of Section 2. P. It was recommended to approve a one year extension of the Preliminary Subdivision approval for Sumac Ridge, consisting of 6 single-family lots on approximately 3.0 acres located at4395 Dodd Road in the NW '/4 of Section 25. Q. It was recommended to approve renewals of Massage Therapy Establishment Licenses for Coles Salon, New Star Massage and Rejuv Skin & Laser Clinic. R. It was recommended to approve an Amusement Device License for Mendota Valley Amusement. PUBLIC HEARINGS VARIANCES - CITY OF EAGAN City Administrator Hedges introduced this item regarding parking setback variances for three properties along 3660 Dodd Road, 3680 Dodd Road and 1364 High Site Drive. City Planner Ridley gave a staff report. Acting Mayor Bakken opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve parking setback variances for: 3660 Dodd Road 10 foot parking setback variance 3680 Dodd Road 4 to 10 foot parking setback variance 1364 High Site Drive 1 to 20 foot parking setback variance. Aye: 3 Nay: 0 Mike Chappuis, 1025 Cliff Road, asked that item J of the consent agenda be reconsidered. He stated that a change in the plans for the lift station will have a direct and unfavorable impact on the three families that live in the at-ea. Councilmember Fields moved, Councilmember Tilley seconded a motion to pull item J of the Consent agenda for reconsideration. Aye: 3 Nay: 0 Works Director Colbert provided information regarding plans for the Holland Lake Lift Station. It was noted that the action taken only approves an ad for bids and not the final plans for the project. Eagan City Council Meeting Minutes July 1, 2008 U11 Page 3 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Plans and Specifications and Authorize Ad for Bids, Contract 08-01 (Holland Lake Lift Station). Aye: 3 Nay: 0 VARIANCE - CHERLAND City Administrator Hedges introduced this item regarding a Variance of 20 feet to the required 30 foot front yard setback to construct a shed at 4615 Beacon Hill Court. City Planner Ridley gave a staff report. Acting Mayor Bakken opened the public hearing. Shawn Cherland, applicant, discussed the requested variance and plans for a shed. Ruthann Johnson, neighboring property owner, asked how high the shed would be and for what purpose it would be used. She also wanted to know if additional cars would be parked on the property and street. Staff addressed the height of the proposed shed, noting it is consistent with code standards. The applicant discussed the purpose of the proposed shed, noting it is to store items that are currently stored in their garage. Public Works Director Colbert stated that depending on the results of a pending survey, the applicant may have to request an easement vacation. There being no further public comment, Acting Mayor Bakken closed the public hearing and turned discussion back to Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance of 20 feet to the required 30-foot front yard setback to construct a shed at 4615 Beacon Hill Court, legally described as Lot 8, Block 1, Beacon Hills in the NW '/4 of Section 33, subject to the following conditions: Aye: 3 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The roof of the shed shall match the pitch and style of the principal structure. 3. The applicant shall provide a current survey of this side of the property to verify the location of the property line, drainage and utility easement, and placement of the shed. OLD BUSINESS HAWTHORNE RIDGE - EXCEL DEVELOPMENT, LLC City Administrator Hedges introduced this item regarding a modification to covenant restrictions to allow a full- service restaurant for Excel Development's Hawthorne Ridge retail center located at 525 Diffley Road. City Planner Ridley gave a staff report. Donna Williams, representing Excel Development discussed the request for a full service restaurant. It was the consensus of Council to make no changes to the covenant restrictions at this time. Councilmember Fields moved, Councilmember Tilley seconded a motion to deny a modification to covenant restrictions to allow a full-service restaurant for Excel Development's Hawthorne Ridge retail center located at 525 Diffley Road. Aye: 3 Nay: 0 Eagan City Council Meeting Minutes July 1, 2008 Page 4 a NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - VERIZON WIRELESS City Administrator Hedges introduced this item regarding a Planned Development Amendment to pen-nit a retail commercial use in an office building located at 1250 Yankee Doodle Road legally described as Lot 1, Block 1, Town Centre 100 Tenth Addition. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to permit a retail commercial use in an office building located at 1250 Yankee Doodle Road, legally described as Lot 1, Block 1, Town Centre 100 Tenth Addition, in the N'/2 of Section 15, subject to the following conditions: Aye: 3 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan dated June 24, 2008 • Building Elevations 2. Existing landscaping that is removed must be either relocated or replaced elsewhere on the site. 3. A sign permit is required prior to installation of the signs, and all signs are subject to the requirements of the City Code. 4. The development shall achieve no net increase in impervious coverage, which may be accomplished by converting some other existing paved areas to green space, utilizing pervious pavement for the new paved areas, and possibly reducing the amount of new sidewalk area. PLANNED DEVELOPMENT AMENDMENT - OPPIDAN (EAGAN PROMENADE) City Administrator Hedges introduced this item regarding a Planned Development Amendment to permit a multiple tenant retail commercial use located at 1270 Promenade Place. City Planner Ridley gave a staff report. Jay Morgan, Oppidan Development Company, discussed the possibility of a multiple tenant use of the existing building. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to permit a multiple tenant retail commercial use located at 1270 Promenade Place, legally described as Lot 6, Block 2, Eagan Promenade, in the SE 1/4 of Section 10 subject to the following conditions: Aye: 3 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan • Building Elevations 2. No more than five tenants shall be allowed, and tenant spaces shall be no less than 2,900 square feet. 3. Existing landscaping that has died shall be replaced. 4. A sign permit is required prior to installation of the signs, and all signs are subject to the requirements of the City Code. 5. Signage shall be limited to one building sign on each of the west and south elevations for each tenant. 6. Additional pedestrian connections shall be made between the trail on Yankee Doodle Road and the property, and between this property and the adjacent Panera lot. PLANNED DEVELOPMENT AMENDMENT - MFC PROPERTIES City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a drive- through operation and parking lot reconfiguration at 1250 Town Centre Drive. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes July 1, 2008 Page 5 I Bruce Miller, MFC Properties, discussed the proposed drive through area. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a drive through operation and parking lot reconfiguration at 1250 Town Centre Drive, legally described as part of Lot 4, Block 1, Town Centre 100 6"' Addition, subject to the following conditions: Aye: 3 Nay: 0 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. Interior parking and circulation modifications shall be in accordance with the Site Plan dated 6-13-08. 3. The applicant shall submit a Landscape Plan that adds over-story trees to the parking lot islands for staff review and approval with the Building Permit application. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Discussion was held regarding representation on the Grant Evaluation and Ranking System (GEARS) Committee. Acting Mayor Bakken moved, Councilmember Fields seconded a motion to endorse Mayor Maguire for the GEARS Committee. Aye:3 Nay:0 ADMINISTRATIVE AGENDA City Administrator Hedges noted that a Closed Session regarding Cedar Grove would be necessary. 1. Open Space Committee Recommendation. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the hiring of HKG Consulting to assist the City in a public input process associated with the November 4, 2008 referendum on the acquisition of the Carriage Hills property deferring decision on cost to the next meeting. Aye: 3 Nay: 0 Discussion was held regarding the interview process for the vacant Council seat. VISITORS TO BE HEARD There were no visitors who wished to be heard. i Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:55 p.m. Administrative Secretary / Deputy City Clerk Date If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES SPECIAL CITY COUNCIL MEETING THURSDAY, JUNE 12, 2008 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Carlson, Fields and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Communications Director Garrison and City Attorney Dougherty. 1. ROLL CALL AND AGENDA ADOPTION City Administrator Hedges introduced the item noting that a request has been made to receive the 2009 General Fund Budget Update as the first item of business, followed by a Closed Session to discuss pending litigation with regard to the appeal of the Eagan Charter Commission. Hedges then suggested that the Council address Other Business and Visitors to be Heard, and conclude the meeting with the Process to Fill the Possible Vacancy on the City Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt the agenda as amended. Aye: 4, Nay: 0 (Councilmember Carlson not yet present.) Mayor Maguire took the opportunity to recognize his son, Ian, who was in attendance at the meeting and graduated from kindergarten today. II. UPDATE ON 2009 GENERAL FUND AND PUBLIC ENTERPRISE BUDGETS City Administrator Hedges introduced the item noting that in early May, staff began the 2009 budget process and Department Directors are now preparing the 2009 budget proposals for the various divisions and departments. Hedges noted that as a starting point, directors were instructed to prepare two budget scenarios, including a status quo budget that maintains current service levels as well as a second budget that is limited to a two percent increase by departments. Hedges added that an abbreviated draft of the budget could be presented to the City Council in July as a check-in point before the preliminary budget is presented to the Council in August. Hedges summarized the 2.9 percent property tax cap which was approved by the 2008 State Legislature. Councilmember Carlson arrived at 5:42 p.m. e Special City Council Minutes June 12, 2008 Page 2 i City Administrator Hedges noted that the Enterprise Fund operating budgets including water, sanitary sewer, storm drainage, water quality, street lighting, Community Center, and Cascade Bay will be presented to the City Council in September. The City Council discussed the 2009 General Fund budget and requested that, in addition to the two percent budgets, staff also include information as to what a zero percent growth budget would look like for 2009. i III. CLOSED SESSION I The City Council recessed to Closed Session at 5:45 p.m. to discuss pending litigation of the appeal of the Eagan Charter Commission. The City Council reconvened at 6:15 p.m. IV. OTHER BUSINESS There was no other business. V. VISITORS TO BE HEARD There were no visitors to be heard. VI. PROCESS FOR FILLING POSSIBLE VACANCY ON THE CITY COUNCIL Mayor Maguire acknowledged the receipt of an official letter of resignation from Councilmember Carlson, noting her resignation will be effective June 30, 2008. The Mayor and City Council thanked Councilmember Carlson for her service on both the Planning Commission and City Council. Councilmember Carlson noted her decision to resign effective June 30, 2008 to allow for the remainder of her term to be filled at the election in November. The City Council voiced their consensus with Councilmember Carlson's decision to allow the community to vote on her replacement in November. Councilmember Carlson departed the meeting at 6:25 p.m. City Administrator Hedges overviewed the option for the City Council's consideration to fill the temporary vacancy until the November election. City Attorney Dougherty summarized the options the Council given state statutes. Special City Council Minutes June 12, 2008 Page 3 The City Council voiced their opinions as to how the process should take place to fill the temporary vacancy. Councilmembers Fields and Bakken both noted their desire to appoint someone to the temporary position who is not seeking the office in November. At the recommendation of City Administrator Hedges, the Council agreed to the following schedule to fill the vacancy: 6-19-08 ad in newspaper regarding vacancy 6-30-08 applications due to the City of Eagan 7-8-08 interviews of applicants by the City Council 7-15-08 appoint person to the vacancy The City Council discussed the number of applicants they wished to interview. There was Council consensus to review all the applications at the July 1, 2008 Council meeting to determine how many of those applicants should receive an interview on July 8. The Council noted they would like to have 15 minute interviews with each of the applicants. The City Council discussed the voting procedure to fill the vacancy on July 15. City Attorney Dougherty summarized options the Council could consider as to how to make the appointment. The City Council requested that staff prepare a possible voting process for the City Council to consider at the July 8 meeting. The Council voiced their request that the process be similar to the Advisory Commissions in that if a candidate is voted on 3 times and there remains a tie, then the Mayor would have the tie-breaker vote. VII. ADJOURNMENT Councilmember Tilley moved; Councilmember Bakken seconded a motion to adjourn the meeting at 7:20 p.m. Aye: 4, Nay: 0 to Agenda Information Memo July 15, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Police Sergeant/Promotion- ACTION TO BE CONSIDERED: At the May 6, 2008 City Council meeting, authorization was given to the promotion of an existing police officer to sergeant effective July 1, 2008. The name of the new sergeant is Dan Tocko. This item is informational only. There is no further action required. Item 2. Memo of Understanding/LELS, Local 185 (Sergeants)/HCSP-- ACTION TO BE CONSIDERED: To ratify the Memo of Understanding between the City of Eagan and LEL S representing Local 185 (Sergeants) regarding the implementation and participation of employees in the Post Retirement Health Care Savings Plan. Attachments: Enclosed on page I C-k is a copy of the Memo of Understanding between the City and LELS, Local 185. l~ MEMORANDUM OF UNDERSTANDING This memorandum of understanding is between the City of Eagan, Minnesota, and Law Enforcement Labor Services, Inc. (LELS), representing Local 185. The City and the Union are parties to a labor agreement effective from January 1, 2008, through December 31, 2010. This memorandum of understanding is to establish the agreement of the parties concerning the implementation and participation of employees in a Post Retirement Health Care Savings Plan. The parties agree as follows: 1. The State of Minnesota through Minnesota Statute 352.98 has authorized the Minnesota State Retirement System (MSRS) to establish and administer a Post Retirement Health. Care Savings Plan (HCSP). 2. Participation in this program is mandatory, based on specific criteria, for all employees covered by this labor agreement. 3. Employees promoted to SERGEANT with the City of Eagan, (and members of Local #185) prior to June 1, 2004 will contribute 2% of their gross wages, per pay period to the employee's HCSP. 4. Employees promoted to SERGEANT with the City of Eagan, (and members of Local #185) as of June 1, 2004 and after, will contribute 3% of their gross wages, per pay period to the employee's HCSP. 5. Employees who leave employment and are eligible for severance pay will have the entire amount of their severance pay go into the employee's HCSP. This memorandum of understanding will remain in effect unless changes are agreed to by LELS, Local #185 and the City of Eagan. City of Eagan Law Enforcement Labor Services, Inc. 3~ 07i A City of Eagan Law orce ent Labor Services, Inc. Lkp/union contracts/serg/hcsp mou 08.09.2010 Agenda Information Memo July 15, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 3, 2008 and July 9, 2008 as presented. I ATTACHMENTS: • Check registers dated July 3, 2008 and July 9, 2008 are enclosed without page number. i 'I I AGENDA MEMO JULY 15, 2008 REGULAR CITY COUNCIL MEETING CONSENT AGENDA D. Tobacco License for Chip Ly Lim, Comer's Liquor, 3090 Courthouse Lane ACTION FOR CONSIDERATION: Approve a Tobacco License for Chip Ly Lim, Comer's Liquor, 3090 Courthouse Lane FACTS: • Chip Ly Lim, owner of Comer's Liquor, has applied for a license to sell tobacco products at 3090 Courthouse Lane. • Fees have been paid and all requirements of the application have been met. • The Police Department conducted a background investigation and sees no reason to deny the request for a tobacco license. ATTACHMENTS: None. The application is available for review in the Administration Department Agenda Information Memo July 15, 2008, Eagan City Council Meeting E. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL AND WAIVE $150 FEE ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. FACTS: ➢ Faithful Shepherd Catholic School has requested a temporary on sale liquor license be issued to them for a fundraiser planned for September 19-21, 2008 with alcohol sales to occur on September 20 and 21. The fundraiser is the fifth annual "Septemberfest", which is being held to raise money for the operation of the school. ➢ The application form has been submitted and deemed in order for approval by staff and the Police Department. ➢ Faithful Shepherd Catholic School is asking that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval ATTACHMENTS (2): Letter and security plan enclosed on pages t' CV through June 26, 2008 To: Maria Peterson From: Kevin Benz - Faithful Shepherd SEPTEMBERFEST Security Coordinator REF: Temporary Liquor License Application Maria: The following documents are being submitted for our application for a Temporary Liquor License for the "SEPTEMBERFEST" which will be held September 19, 20, & 21St, 2008. The Certificate of Insurance will be brought to your after July 1St, so a current copy can be given to you. • Letter to the City Council • Preliminary Site Plan • Application and Permit for Temporary On-Sale Liquor License • Security Plan As of right now we do not plan on having a live band on Friday evening this year. Friday Night will be designated as "family night" with games and possibly a DJ. No alcoholic beverages will be served that evening. If you have any questions or need any further information please feel free to call me at #651-303-3473. &3 C) Sincerely, Kevin Benz Security Plan "Septemberfest 2007" September, lye'`o 15"~ D®~ Designated Property fo r the event: Designated property for the event will be - Faithful Shepherd Catholic School - Event will be held on the west side of the school - a stage will be set up with bands playing Friday night and Saturday night. Most of the activities will be on the Westside parking lot of the School. A designated area to serve and consume alcoholic beverages will be established. This will be fenced with designated entrance and exit gates. The following is a "tentative" schedule of events: FRIDAY -6:00 - - I D 00 i3elje-A - R v Sig `Q , SATURDAY: -6:00 - 12:00 am Food/Beer Garden/Live Music SUNDAY: 11:00 -12:00 pm Tri-Parish Outdoor Mass 12:00 - 4:00 pm Food/Beer Garden Security Measures: • No person under the age of 21 years of age will be sold or served alcoholic beverages. • No person will sell or give alcohol beverages to an obviously intoxicated person. • All persons who consume, purchase or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from the list provided from the City of Eagan.) • Wrist bands will be issued to those individuals who possess valid identification and are 21 years of age or older. • Alcoholic beverages will only be served to those with proper wristbands. • No person selling alcohol shall be intoxicated or consume alcohol during his or heir work shift. • Licensee will post signs at all entrances of the school to notify the public that sales. to and consumption of alcoholic beverages by person's under the age of 21 or to persons intoxicated is prohibited. i • Licensee will follow the designated hours listed in the City of Eagan Procedures - (Sales of alcohol will be shut down '/z hour before the end of the event.) • Licensee will provide security to monitor the licensed area - Discussions are in process with Sgt. Mike Fineran - Eagan Police Department to use off-duty officers during the event. Along with this, there will be a police car stationed at both entrances to the event. We will also be asking the Eagan Explorer Scouts to assist in other areas of the event, such as the parking lots. • Licensee will designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The on-site manager will complete training in alcohol beverage servico and will train servers and security personnel of the same. • Will also be contacting Taxi Services this year and post signs for service - telephone numbers and locations. I I I Ig Agenda Information Memo July 15, 2008, Eagan City Council Meeting ICI F . Two Separate Joint Powers Agreements with the City of St. Paul for Mutual Aid During the Events of the Republican National Convention i ACTION TO BE CONSIDERED: To approve and sign two separate Joint Powers Agreements (JPA's) with the City of St. Paul for public safety and security mutual aid during the events of the Republican National Convention (RNC). FACTS: • The City of St. Paul is scheduled to host the 2008 RNC from September 1-4, 2008. • The St. Paul Police Department has requested assistance for public safety and security services during the events of the RNC. • The City of Eagan has been requested to assist with the security force during, and leading up to, the events of the convention. • Two separate JPA's have been drafted by the City of St. Paul. JPA #1 involves agencies requesting and receiving assistance from the RNC security force. JPA #2 is for agencies offering assistance to join the RNC security force. • These agreements include instructions for the City of Eagan to receive full reimbursement for officers' overtime salary plus fringe benefits. • The agreements have been reviewed by our city attorney's office and they have indicated the agreements cover legal concerns of the City of Eagan. ATTACHMENTS: PI i-N A copy of JPA #1 is on pages A copy of JPA #2 is on pages J J (JPA #1) JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as the "Agreement"), is made effective, except as otherwise made operationally effective as set forth in Section 4 herein, on this 15th day of July, 2008, by and between the CITY OF SAINT PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting through its Police Department (hereinafter referred to as the "SPPD") and the CITY OF EAGAN, acting through its police department (hereinafter referred to as the "Provider"). WHEREAS, the City is a host city for the 2008 National Republican Convention to be held between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC"); and WHEREAS, the City has entered into a "City Service Agreement For The 2008 Republican National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota non-profit corporation (hereinafter referred to as the "Host Committee"), whereby the City has agreed to undertake certain public safety and security measures related to the 2008 RNC within the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the provision of such measures in other locations throughout the greater Saint Paul-Minneapolis metropolitan area to which the RRT (as defined herein) may be deployed, or such other locations that may be subject to a Unified Command (as defined herein) (hereinafter such above-described locations shall be collectively referred to as the "Security Event"); WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the public safety and security measures required of an event the size and unique nature of the 2008 RNC; and WHEREAS, the Eagan Police Department provides law enforcement services to the Provider pursuant to the police powers and law enforcement authority granted under the laws of the State of Minnesota; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the SPPD with the Security Event; and WHEREAS, the Provider may also avail itself of a rapid response team (herein referred to as the "RRT"), comprised of licensed peace officers employed by the SPPD and certain other law enforcement organizations, that will be established for the sole and exclusive purpose of providing public safety-related aid and assistance to law enforcement organizations throughout 1 the greater Saint Paul-Minneapolis metropolitan area that have entered into an agreement with the City, similar to this Agreement, provided that such aid and assistance is actually and directly related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary circumstances, all as more fully set forth in Section 3.6 herein. NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: 1 PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON- LPOS 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with the professional services of those certain licensed peace officers identified on Attachment A attached hereto (such licensed peace officers identified on Attachment A shall be collectively referred to herein as the "LPOs") to assist the SPPD with the Security Event, and to set forth the terms and conditions in which the Provider, subject to Section 3.6 herein, can avail itself of the aid and assistance of the RRT. 1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide the City with persons who are employed and actively utilized by the Provider in a public safety capacity who do not meet the criteria of an LPO as set forth in this Agreement but whose special public safety training and experience may enable such persons to provide further assistance to the SPPD with regard to the Security Event (hereinafter such persons are identified on Attachment B attached hereto, and shall be collectively referred to herein as the "Non-LPOs") (an example of a Non-LPOs might include parking enforcement and/or traffic control officers, detention staff, special deputies, and emergency center dispatchers). If the SPPD, in its sole discretion, desires to use any Non-LPOs, the SPPD will so notify the Provider in writing of the conditions by which the Non-LPOs will be used, and such writing will be incorporated as an addendum to this Agreement. 1.1.2 Provider will exercise its best efforts to assist with the Security Event. The parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Security Event. That prioritization decision belongs solely to Provider. This Agreement does not entitle City or the Security Event to a higher priority or special consideration during Provider's prioritization process. Further, Provider may, at any time, recall its LPOs when, it is considered to be in Provider's best interest to do so. 1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes, Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12, which reads: 2 I "(1) the peace officer has successfully completed professionally recognized peace officer pre-employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre-employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located." 2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the LPOs shall also meet the following criteria: A. That each LPO shall by reason of experience, training and physical fitness be deemed in the sole discretion of the SPPD, that she/he is capable of performing the duties required by the SPPD of each such LPO during the Security Event; and B. That: (i) each LPO shall have been employed as a licensed peace officer for a minimum of two (2) years in the United States; or (ii) in the event that an LPO has been employed as a licensed peace officer for less than two (2) years in the United States, that such LPO will at all times when providing the services described in this Agreement, be directly supervised by an LPO who in addition to satisfying the minimum criteria described in this Section 2.1 B. (i), shall also possess sufficient supervisory skills and experience generally recognized and accepted throughout the greater Saint Paul-Minneapolis law enforcement community; and C. That each of the LPOs are officers in good standing with the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the SPPD in the event that any LPO is no longer an officer in good standing with the Provider. D. That throughout the term of this Agreement and subject to Chapter 13, Minnesota Statutes, commonly known as the "Minnesota Governmental Data Practice Act" (hereinafter referred to as the "MGDPA"), the Provider shall give notice using the form attached hereto as Attachment C, to the SPPD of any public data, as defined by the MGDPA, related to internal affairs type of investigations either pending and/or sustained against any LPO during the past three (3) years, involving excessive/unnecessary/unreasonable use of force, improper conduct or conduct unbecoming of a licensed law enforcement officer; and E. That unless otherwise provided or requested by the SPPD, each of the LPOs shall be equipped and/or supplied by Provider at Provider's own expense, with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to service belts with Provider radio equipment, service weapon and 3 personal soft ballistic body armor that are required to be worn by each LPO while on duty for the Provider; see Attachment E attached hereto for uniform and equipment list; and F. That Provider shall furnish all of the information required in Attachments A and B attached hereto, for each LPO and Non-LPO, no later than ten (10) business days after the effective date of this Agreement, with the understanding that the City will hold the data in the same classification as the Provider does under the MGDPA. 2.1.1 Provider acknowledges and agrees that at anytime during the term of this Agreement the City has the sole discretion to decline to accept and/or use any LPO or Non-LPO without cause or explanation. 2.2 The Provider agrees to provide the City with the following services: A. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in training activities related to the Security Event, that are coordinated or conducted by the SPPD or its designee (hereinafter each such training session shall be referred to as a "Security Event Training Session") for a period of time commencing from the Security Event Training Session Commencement Date to the Security Event Training Session Termination Date as those respective terms are defined in Section 4 herein; and B. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in the Security Event for a period of time commencing from the Security Event Commencement Date to the Security Event Termination Date as those respective terms are defined in Section 4 herein. C. That each LPO agrees to be placed by the SPPD, if so determined by the SPPD, in an "On Assignment" status in which the LPO is physically proximate to a Security Event location within the City of Saint Paul, so as to be able to physically report in a timely manner to such duty post assigned by the SPPD prepared to undertake the specific job task or responsibility assigned to such LPO by the SPPD related to the Security Event. D. That at the request of the SPPD, each LPO and Non-LPO shall participate in and/or provide information to and otherwise cooperate with the SPPD in any "after action activities" following the conclusion of a Security Event Training Session and/or the Security Event: For purposes of this Agreement "after action 4 activities" may include, but not be limited to the following activities related to Security Event Training Sessions and the Security Event: debriefings of information and experiences, completion of surveys and questionnaires and assisting and/or participating in any civil and/or criminal legal proceedings. 2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times during each Security Event Training Session and/or the Security Event, each LPO regardless of such LPO's rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principals and practices established throughout the law enforcement community (herein referred to as "Unified Command"). i 2.4 The Provider agrees to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. By way of illustration only, such cooperation and information may include, but not be limited to the Provider's timely completion and production of information required for insurance purposes and audit purposes. 3 CITY RESPONSIBILITIES 3.1 City agrees that it will provide or facilitate the Security Event Training Session[s], the SPPD deems necessary. The substance of the training, including the locations, dates and times of any Security Event Training Session, shall be detailed in a separate writing provided from the SPPD to the Provider. 3.2 The City anticipates certain financial assistance will be provided to it by the federal government and/or third parties other than the City (hereinafter referred to as the "Security Subsidy"), to fully and completely fund and/or reimburse the Provider for the necessary costs of participating in the Security Event Training Session[s], the Security Event, the RRT and any "after action activities" related thereto. Subject to the City's good faith duty to provide the Provider with as much advance written notice that is reasonable under the circumstances that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in this Agreement, Provider acknowledges and agrees that the City's obligation to reimburse such costs or expenses shall be limited only to the funds available in the Security Subsidy. In such event, City agrees that funds available shall be distributed between/among Provider and any other law enforcement organizations providing services under this or similar agreements in, at least, a ratio based on each organization's contribution as a share of the total contributions 3.3 Subject to the prior written approval of the City and the Provider's compliance with the requirements of Section 5 of this Agreement, the City agrees to provide reimbursement 5 from the Security Subsidy to the Provider for each LPO and Non-LPO whose services are actually utilized by the SPPD during the Security Event Training Sessions and/or the Security Event, for the following: the prevailing hourly contract wages at the rate of one and one-half times, together only with the employer's share of Medicare and PERA contributions being paid by the Provider to each LPO and Non-LPO (based on such hourly wages and employer's share of Medicare and PERA contributions described in Attachments A and B attached hereto) at the time the services of such LPO or Non-LPO have been actually utilized by the SPPD in accordance with this Agreement. Unless otherwise agreed to in writing by the City, the City shall only reimburse the Provider in accordance with this Agreement for any pre-approved reimbursable costs incurred by the Provider related to the actual participation by an LPO or Non-LPO in a Security Event Training Session, only upon the satisfaction of one of the following conditions: (a) the actual participation by such LPO or Non-LPO in the Security Event as required by the SPPD; or (b) such LPO or Non-LPO, was ready, willing and available to participate in the Security Event as required and needed by the SPPD hereunder, despite the LPO or Non-LPO not having actually participated in the Security Event. I 3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the LPOs, shall be SPPD Assistant Chief Matt Bostrom (hereinafter referred to as the "Coordinator"). Except as otherwise provided in this Agreement, all contact or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator's designee. 3.5 The City shall provide the Provider with the eligibility guidelines for the costs described in this Section 3 and a checklist for submitting the Reimbursement Payment Form attached hereto as Attachment F, and related required documentation. 3.6 The RRT will be established for the sole and exclusive purpose of providing public safety-related aid and assistance as requested by law enforcement organizations with the legal responsibility for providing police services to local units of government throughout the Twin Cities metropolitan area (hereinafter referred to as the "Requesting Party"),who have entered into an agreement substantially similar to this Agreement, with the City, provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC; and (ii) only if such aid and assistance is warranted by extraordinary circumstances. For purposes of this Agreement, the term "extraordinary circumstances" shall mean those circumstances that significantly exceeds the usual and customary ability of the Requesting Party to effectively and safely provide police services within its jurisdictional boundaries (which by way of example only, may include, but not be limited to, providing security for critical infrastructure, transportation routes and venues and facilities). Nothing contained in this Agreement shall preclude the Provider from also becoming a Requesting Party and availing itself of the RRT in accordance with this Section 3.6. 4 TERM OF AGREEMENT 6 i I II I 4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement shall become operationally effective as follows: 4.1.1 Security Event Training Sessionf s] - The Security Event Training Session Commencement Date and the Security Event Training Session Termination Date shall be the date[s] and time[s] so referenced in the writing described in Section 2.2 A of this Agreement which writing will incorporate the terms and conditions of this Agreement. 4.1.2 Security Event - The Security Event Commencement Date and the Security Event Termination Date shall be the date[s] and time[s] so referenced in a separate writing to be provided by the SPPD to the Provider, which writing will incorporate the terms and conditions of this Agreement. 4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event Training Session Termination Date[s] and the Security Event Termination Date upon verbal or other non-written notice provided to Provider. 5 BILLINGS AND PAYMENTS 5.1 That in consideration for the Provider's faithful performance of this Agreement, the City hereby agrees to compensate Provider from the Security Subsidy as provided in Section 3 herein and this Section 5. Notwithstanding any other provision contained in this Agreement, the Provider agrees that the City's reimbursement to the Provider from the Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable in Section 3 herein, shall not exceed an amount to be mutually agreed to by the City and the Provider, no later than June 30, 2008. This not to exceed amount shall be memorialized in a separate writing that will be incorporated as an addendum to this Agreement. 5.2 Reimbursement Requirements 5.2.1 Except as may otherwise be provided either by this Agreement or with the written consent of the City, any payments due and owing by the City to the Provider for approved reimbursable costs and expenses described in this Agreement for which the Provider has completed and delivered to the City all of the documentation required herein, shall be made no earlier than the Security Event Termination Date. Subject to the conditions described in this Section 5.2.1, the City shall make every effort to make the payment to the Provider within thirty-five (35) days after the City's receipt of all of the documentation required herein. i 5.2.2 As a condition precedent to receiving any reimbursement from the City for approved reimbursable costs and expenses described in this Agreement, the Reimbursement Payment Form, referenced in Attachment F, attached hereto, 7 II L must: A. Be submitted to the City no later than November 15, 2008, unless such deadline is otherwise extended with the written consent of the City. The Reimbursement Payment Form shall be submitted to the Attention of Lori Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700, City of Saint Paul, MN 55102; and B. Include a cover letter signed by the Provider's Chief Financial Officer or his/her designee, detailing the total amount sought to be reimbursed and a including a summary narrative and cost overview that provide context to the submission, including any unusual circumstances, all provided under the following certification: "I certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 Republican National Convention, and that all information was obtained from payroll records, invoices or other documents that are available for audit. and C. Include an itemized invoice as specified on checklist; and D. Include all back-up documentation, as outlined on the checklist provided by the City to the Provider. 5.2.3 In addition to any other requirements contained herein, Provider agrees that it will promptly provide to the City upon request, any other information or documentation of approved reimbursable costs and expenses described in this Agreement as may be required by the federal government as a condition to the City's receipt of the Security Subsidy. All records must be maintained for future audits and the entity being reimbursed will be fiscally responsible for the results of any such audit. 5.2.4 Any questions regarding this reimbursement process should be directed to: Lori Lee or designee, Office of Financial Services. 5.2.5 The Provider acknowledge and agree that the City's obligations to provide reimbursement pursuant to this Agreement are solely and exclusively limited to the Security Subsidy, and that the City shall not be liable for any payment hereunder: (i) to the extent that the Security Subsidy is insufficient to fully reimburse the Provider and the City provides the notice described in Section 16 of this Agreement; or (ii) in the event that the funder[s] of the Security Subsidy determine, independent of the City and the SPPD, that a cost that may otherwise be reimbursable pursuant to the terms of this Agreement, is not eligible f6r reimbursement and that any payment for reimbursement previously made by the City to the Provider is deemed to be ineligible by the fender[s] and is required to be returned to the funder[s]. 8 5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in the sections of this. Agreement. 6 AGREEMENT MANAGEMENT 6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has identified the following person[s] as persons to contact only with regard to the following matters regarding the Agreement: (List names) (List responsibilities) Lieutenant Roger New Any Operational Issues Deputy Chief Jeff Johnson Any Issues Chief James S. McDonald Any Issues Sgt. Brad Ramthun Rapid Response Team Issues 7 WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION 7.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work product" shall mean any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to SPPD or results from Provider's services under this Agreement. "Supporting documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to SPPD or Provider and pertain to work performed under this Agreement. 7.2 All deliverable work products, supporting documentation and business records or copies thereof, that are needed from or are the results from the Provider's services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City. 7.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed 9 a~? under this Agreement without prior notice to the other. Except as otherwise required by federal and/or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any security information, security service or security service data, defined under Minnesota Statutes, Sections 13.37 and 13.861 or any like data, as defined and/or required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 7.4 In the event of termination, all supporting documents and business records prepared by the Provider under this Agreement, shall be delivered to the City by Provider by the termination date. 7.5 Both the City and the Provider agree to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 7.6 Both the City and the Provider agree to abide strictly by Chapter 13 , Minnesota Government Data Practice Act, ("MGDPA")and in particular Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1 (b), 138.17 and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 8 EQUAL OPPORTUNITY EMPLOYMENT Neither the City nor the Provider will discriminate against any employee or applicant for employment for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 9 COMPLIANCE WITH APPLICABLE LAW Both the City and the Provider agree to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to their respective performances of the provisions of this Agreement. 10 10 CONFLICT OF INTEREST 10.1 Both the City and the Provider agree that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation, or government unit that would create a conflict of interest in their respective performances of their obligations pursuant to this Agreement. 10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance with Chapter 24.03 of the Saint Paul Administrative Code, which provides that: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." 10.3 Both the City and the Provider agree that, should any conflict or potential conflict of interest become known, the party learning of such conflict or potential conflict shall advise the other party of the situation so that a determination can be made about each party's ability to continue performing services under this Agreement. i 11 INSURANCE 11.1 The Host Committee for the 2008 RNC, at its own cost, shall provide the following insurance coverage in which the Provider shall be covered as a named insured party: A. Police Professional Insurance (the "Insurance Coverage") providing coverage for claims arising out of actions of each LPO and Non-LPO who provide security and law enforcement during the convention and convention related events with a limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced by a certificate of insurance provided to the Provider providing at least a ten (10) day notice of cancellation or any significant material change in coverage. 11. The Provider agrees to be bound by the terms and conditions contained in the Insurance Coverage policy ("Policy"), the terms and conditions of which are incorporated herein by reference. 11. 1.2 The parties acknowledge and agree that the Insurance Coverage shall only provide coverage during the time period set forth in the Policy. 11.1.3 The Provider agrees that is shall cooperate with the insurer who will be underwriting the Insurance Coverage by timely providing information as reasonably requested by said insurer or its designees. For purposes of this Section 11.1.3, this cooperation will include, but not be limited to both the underwriting process and the claims process, and this obligation shall survive and extend if necessary, beyond the termination of this Agreement. 11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non-LPOs. The Provider will maintain workers' compensation insurance or self-insurance equivalent 11 30 coverage, covering each of its own LPOs and Non-LPOs while such LPOs and Non- LPOs are providing services pursuant to this Agreement. The Provider waives the right to sue any other party for any workers' compensation benefits paid to its own LPOs or Non- LPOs and any dependants of such LPOs and Non-LPOs, even if the injuries were caused wholly or partially by the negligence of any other party. 12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT 12.1 Notwithstanding any other provision of this Agreement, including, but not limited to Section 2.3, it is understood and agreed by the parties hereto that, at all times and for all purposes within the scope of the Agreement, the relationship of the Provider to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find the Provider or the LPOs and Non-LPOs, to be employees of the City, and the Provider shall be entitled to none of the rights, privileges, or benefits of City employees. 12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be required to comply with the rules of conduct established by the Provider, the SPPD and/or the Unified Command. In the event that a conflict exists between the Provider's rules of conduct and the SPPD's rules of conduct and the Unified Command has not otherwise provided rules of conduct, the SPPD's rules of conduct shall apply. The Coordinator or his designee shall refer disciplinary matters involving LPOs to the Provider for an investigation. Based on the judgment of the Coordinator or his designee, if a particular matter represents probable cause for the issuance of a criminal complaint, the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notified in advance thereof. 13 SUBCONTRACTING. Both the City and the Provider agree not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the other party. 14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other party and the results thereof. Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor shall be construed to waive any rights and benefits either party has with regard to its status under the insurance coverage described in Section 11 of this Agreement. 14.2 It is understood and agreed that each party's liability shall be limited by the provisions of 12 -31 Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either party, their respective officials and employees, may have under said Chapter 466, or any common-law immunity or limitation of liability, all of which are hereby reserved by the parties hereto. 15 ASSIGNMENT The City and the Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Provider will assign or transfer their interest in this Agreement without the written consent of the other. 16 EVENTS OF DEFAULT; TERMINATION 16.1 By the City - The City may terminate this Agreement based on the occurrence of any of the following events: A. the cancellation of the 2008 RNC; i B. the determination made in the sole discretion of the City, that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in Section 3 of this Agreement, which determination must be made and disclosed to the Provider prior to the Security Event Commencement Date; C. the failure of the Host Committee to purchase and provide the insurance coverage described in Section 11 of this Agreement in a timely manner determined by the City; D. the failure of the Provider to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the City or SPPD provides Provider with notice of such default. 16.2 By the Provider - The Provider may terminate this Agreement based on the occurrence of any of the following events: A. without cause, prior to any Security Event Training Session[s] Commencement Date[s] in which any of the Provider's LPOs shall participate; B. the cancellation of the 2008 RNC; C. the failure of the Host Committee to provide the Provider with 13 evidence in the form of a certificate of insurance naming the Provider as a named insured in the policy of insurance coverage described in Section 11 of this Agreement; D. the Provider's receipt of the notice described in Section 3.2 of this Agreement; E. the failure of the City to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the Provider provides the SPPD with notice of such default. 16.3 Both the City and the Provider shall act in good faith, to provide as much advance written notice of an event of default in this Section 16, to the other party that is reasonable under the circumstances. 16.4 In the event of termination, the City will only pay Provider for those services actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. Except as otherwise provided in this Section 16.4, neither the City nor the Provider shall be entitled to the recovery of any consequential damages or attorney fees related to an event of default hereunder. 17 GOOD FAITH DISPUTE RESOLUTION The City and the Provider shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner. In the event such a dispute arising out of or relating to this Agreement or breach thereof cannot be resolved exclusively among the parties, such dispute shall be referred to non-binding mediation before, and as a condition precedent to, the initiation of any legal action hereof, provided for herein. Each party agrees to participate in up to four hours of mediation. The mediator shall be selected by the parties, or if the parties are unable to agree on a mediator then any party can request the administrator of the Ramsey County District Court Civil ADR Program and/or similar person, to select a person from its list of qualified neutrals. All expenses related to the mediation shall be borne by each party, including without limitation, the costs of any experts or legal counsel. All applicable statutes of limitations and all defense based on the passage of time are tolled while the mediation procedures are pending, and for a period of 30 days thereafter. 18 AMENDMENT OR CHANGES TO AGREEMENT 18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties hereto, after all appropriate and necessary authority has been acquired by each such party. 14 JJ 18.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 19 NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: St. Paul To Provider: City of Eagan Eagan Police Department Deputy Chief Jeff Johnson 3830 Pilot Knob Rd Eagan, MN 55122 20 WAIVER Any fault of a party hereto to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this Agreement's provisions. 21 SURVIVAL OF OBLIGATIONS 21.1 The respective obligations of the City and Provider under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. 21.2 If a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties hereto legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement shall continue in effect. 22 INTERPRETATION OF AGREEMENT This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 15 ztl 23 FORCE MAJEURE Neither the City nor the Provider shall be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. 24 ENTIRE AGREEMENT I It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF SAINT PAUL CITY OF EAGAN By: By: Its: Mayor Its: Mayor Date: Date: Approval Recommended: Approval Recommended: By: By: Its: Chief of Police Its: Chief of Police Saint Paul Police Department Eagan Police Department By: By: Its: Director, Office of Financial Services Its: Chief Financial Officer By: By: Its: Director, Department of Human Rights Its: City Clerk 16 Approved as to form and legality: Approved as to form and legality: By: By: Its: Assistant City Attorney Its: City Attorney Funding: Provider's Taxpayer I.D. No. Activity # and Activity Manager Signature i i i i i ICI i I 17 i i J Q Q O F- U) Z ~ w 3 U c 1- E co Q m ~I C cv c Q LL d c w U n, a,. z w v a) 00 ° N 3 CD > E 2 J N d r rO - p ` f6 a LL N d m O m O. O y r- m U O cv H N u, > -p m N N O (9 ~ d N L ~ V `U C N N (n E L > O U a O •O C Q w U t i f6 C O O J v( U U U T .O O C ~ y w c °y n C E E ~m in (D C O <n p rn m m 0 ca Q U °1 Q •c c O m N z 0- w c (D a) m s C Q z m a+ d U O E W C> N o o a O L L L L L L L L _ d V d 01 d d d d d N 0 n U U) J y V V V U_ .2.2.2.2.0 y t( O < 15 0) 4D cn0000000000 c a'O 90 Q d N M Z c d d Q z w m L E O aQE m z c'o d d cm I-Ua) Q cmc`o + y -a y Z d 3 E m Y m y O d O E C lY0 a N C N N 1~ 2 aE w a, ~a~~dyL00 m o Owa ° E 0:(0)W 0: °Yx~ C r p Z W' W c 0 7 1 ~ O V O O N O U .Q U N Of CL m Q H C) A 1- cn a w F- - 0 (J PA #2) JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as the "Agreement"), is made effective, except as otherwise made operationally effective as set forth in Section 4 herein, on this 15th day of July, 2008, by and between the CITY OF SAINT PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting through its Police Department (hereinafter referred to as the "SPPD") and the City of Eagan, Minnesota, a municipal corporation, acting through the Eagan Police Department. (hereinafter referred to as the "Provider"). i WHEREAS, the City is a host city for the 2008 National Republican Convention to be held between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC"); and WHEREAS, the City has entered into a "City Service Agreement For The 2008 Republican National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota non-profit corporation (hereinafter referred to as the "Host Committee"), whereby the City has agreed to undertake certain public safety and security measures related to the 2008 RNC within the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to the 2008. RNC, and to act as the lead local law enforcement agency to help facilitate the provision of such measures in other locations throughout the greater Saint Paul-Minneapolis metropolitan area to which the RRT (as defined herein) may be deployed, or such other locations that may be subject to a Unified Command (as defined herein) (hereinafter such above-described locations shall be collectively referred to as the "Security Event"); WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the public safety and security measures required of an event the size and unique nature of the 2008 RNC; and WHEREAS, the Eagan Police Department provides law enforcement services to the Provider pursuant to the police powers and law enforcement authority granted under the laws of the State of Minnesota; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the SPPD with the Security Event and in staffing a rapid response team (herein referred to as the "RRT") comprised of licensed peace officers employed by the SPPD and certain other law enforcement organizations, that will be established for the exclusive purpose of providing public safety- related aid and assistance to law enforcement organizations throughout the greater Saint Paul- Minneapolis metropolitan area, provided that such aid and assistance is actually and directly 1 related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary circumstances, all as more fully set forth in Section 3.6 herein; and WHEREAS, subject to the terms and conditions contained in Section 3.6 herein, and to the extent warranted by extraordinary circumstances as defined therein, the Eagan Police Department may wish to avail itself of the aid and assistance from the RRT within the legal boundaries of the Provider. NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: I PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON- LPOS 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with the professional services of those certain licensed peace officers identified on Attachment A attached hereto (such licensed peace officers identified on Attachment A shall be collectively referred to herein as the "LPOs") to assist the SPPD with the Security Event including the RRT, and to set forth the terms and conditions in which the Provider, if necessary can avail itself of the aid and assistance of the RRT. 1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide the City with persons who are employed and actively utilized by the Provider in a public safety capacity who do not meet the criteria of an LPO as set forth in this Agreement but whose special public safety training and experience may enable such persons to provide further assistance to the SPPD with regard to the Security Event (hereinafter such persons are identified on Attachment B attached hereto, and shall be collectively referred to herein as the "Non-LPOs") (an example of a Non-LPOs might include parking enforcement and/or traffic control officers, detention staff, special deputies, and emergency center dispatchers). If the SPPD, in its sole discretion, desires to use any Non-LPOs, the SPPD will so notify the Provider in writing of the conditions by which the Non-LPOs will be used, and such writing will be incorporated as an addendum to this Agreement. 1.1.2 Provider will exercise its best efforts to assist with the Security Event. The parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Security Event. That prioritization decision belongs solely to Provider. This Agreement does not entitle City or the Security Event to a higher priority or special consideration during Provider's prioritization process. Further, Provider may, at any time, recall its LPOs when, it is considered to be in Provider's best interest to do so. 2 3~ 1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes, Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12, which reads: "(1) the peace officer has successfully completed professionally recognized peace officer pre-employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre-employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located." 2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the LPOs shall also meet the following criteria: A. That each LPO shall by reason of experience, training and physical fitness be deemed in the sole discretion of the SPPD, that she/he is capable of performing the duties required by the SPPD of each such LPO during the Security Event; and B. That: (i) each LPO shall have been employed as a licensed peace officer for a minimum of two (2) years in the United States; or (ii) in the event that an LPO has been employed as a licensed peace officer for less than two (2) years in the United States, that such LPO will at all times when providing the services described in this Agreement, be directly supervised by an LPO who in addition to satisfying the minimum criteria described in this Section 2.1 B. (i), shall also possess sufficient supervisory skills and experience generally recognized and accepted throughout the greater Saint Paul-Minneapolis law enforcement community; and C. That each of the LPOs are officers in good standing with the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the SPPD in the event that any LPO is no longer an officer in good standing with the Provider. D. That throughout the term of this Agreement and subject to Chapter 13, Minnesota Statutes, commonly known as the "Minnesota Governmental Data Practice Act" (hereinafter referred to as the "MGDPA"), the Provider shall give notice using the form attached hereto as Attachment C, to the SPPD of any public data, as defined by the MGDPA, related to internal affairs type of investigations either pending and/or sustained against any LPO during the past three (3) years, involving excessive/unnecessary/unreasonable use of force, improper conduct or conduct unbecoming of a licensed law enforcement officer; and E. That unless otherwise provided or requested by the SPPD, each of the LPOs 3 shall be equipped and/or supplied by Provider at Provider's own expense, with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to service belts with Provider radio equipment, service weapon and personal soft ballistic body armor that are required to be worn by each LPO while on duty for the Provider; see Attachment E attached hereto for uniform and equipment list; and F. That Provider shall furnish all of the information required in Attachments A and B attached hereto, for each LPO and Non-LPO, no later than ten (10) business days after the effective date of this Agreement, with the understanding that the City will hold the data in the same classification as the Provider does under the MGDPA. 2. 1.1 Provider acknowledges and agrees that at anytime during the term of this Agreement the City has the sole discretion to decline to accept and/or use any LPO or Non-LPO without cause or explanation. 2.2 The Provider agrees to provide the City with the following services: A. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall-participate in training activities related to the Security Event including the RRT, that are coordinated or conducted by the SPPD or its designee (hereinafter each such training session shall be referred to as a "Security Event Training Session") for a period of time commencing from the Security Event Training Session Commencement Date to the Security Event Training Session Termination Date as those respective terms are defined in Section 4 herein; and B. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in the Security Event and/or the RRT for a period of time commencing from the Security Event Commencement Date to the Security Event Termination Date as those respective terms are defined in Section 4 herein. C. That each LPO agrees to be placed by the SPPD, if so determined by the SPPD, in an "On Assignment" status in which the LPO is physically proximate to a Security Event location within the City of Saint Paul or to a Security Event location to which the RRT may be deployed, so as to be able to physically report in a timely manner to such duty post assigned by the SPPD prepared to undertake the specific job task or responsibility assigned to such LPO by the SPPD related to the Security Event. i 4 4-I D. That at the request of the SPPD, each LPO and Non-LPO shall participate in and/or provide information to and otherwise cooperate with the SPPD in any "after action activities" following the conclusion of a Security Event Training Session, the Security Event and/or a deployment of the RRT. For purposes of this Agreement "after action activities" may include, but not be limited to the following activities related to Security Event Training Sessions, the Security Event and the RRT: debriefings of information and experiences, completion of surveys and questionnaires and assisting and/or participating in any civil and/or criminal legal proceedings. 2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times during each Security Event Training Session, the Security Event and during each deployment of the RRT each LPO regardless of such LPG's rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principals and practices established throughout the law enforcement community (herein referred to as "Unified Command"). 2.4 The Provider agrees to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. By way of illustration only, such cooperation and information may include, but not be limited to the Provider's timely completion and production of information required for insurance purposes and audit purposes. 3 CITY RESPONSIBILITIES 3.1 City agrees that it will provide or facilitate the Security Event Training Session[s]. The substance of the training, including the locations, dates and times of any Security Event Training Session, shall be detailed in a separate writing provided from the SPPD to the Provider. 3.2 The City anticipates certain financial assistance will be provided to it by the federal government and/or third parties other than the City (hereinafter referred to as the "Security Subsidy"), to fully and completely fund and/or reimburse the Provider for the necessary costs of participating in the Security Event Training Session[s], the Security Event, the RRT and any "after action activities" related thereto. Subject to the City's good faith duty to provide the Provider with as much advance written notice that is reasonable under the circumstances that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in this Agreement, Provider acknowledges and agrees that the City's obligation to reimburse such costs or expenses shall be limited only to the funds available in the Security Subsidy. In such event, City agrees that funds available shall be distributed between/among Provider and any other 5 law enforcement organizations providing services under this or similar agreements in, at least, a ratio based on each organization's contribution as a share of the total contributions 3.3 Subject to the prior written approval of the City and the Provider's compliance with the requirements of Section 5 of this Agreement, the City agrees to provide reimbursement from the Security Subsidy to the Provider for each LPO and Non-LPO whose services are actually utilized by the SPPD during the Security Event Training Sessions, the Security Event and the RRT for the following: the prevailing hourly contract wages at the rate of one and one-half times, together only with the employer's share of Medicare and PERA contributions being paid by the Provider to each LPO and Non-LPO (based on such wages and employer's share of Medicare and PERA contributions described in Attachments A and B attached hereto) at the time the services of such LPO or Non-LPO have been actually utilized by the SPPD in accordance with this Agreement. Unless otherwise agreed to in writing by the City, the City shall only reimburse the Provider in accordance with this Agreement for any pre-approved reimbursable costs (including costs of overtime if applicable) incurred by the Provider related to the actual participation by an LPO or Non-LPO in a Security Event Training Session only upon the satisfaction of one of the following conditions: (a) the actual participation by an LPO or Non-LPO in the Security Event and/or the RRT as required by the SPPD; or (b) the LPO or Non-LPO was ready, willing and available to participate in the Security Event and/or the RRT as required by the SPPD hereunder despite the LPO or Non-LPO not having actually participated in the Security Event. 3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the LPOs, shall be SPPD Assistant Chief Matt Bostrom (hereinafter referred to as the "Coordinator"). Except as otherwise provided in this Agreement, all contact or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator's designee. 3.5 The City shall provide the Provider with the eligibility guidelines for the costs described in this Section 3 and a checklist for submitting the Reimbursement Payment Form attached hereto as Attachment F, and related required documentation. 3.6 Provider acknowledges and agrees that the SPPD, in its discretion, may assign some of the LPOs to the RRT. The RRT will be established for the sole and exclusive purpose of providing public safety-related aid and assistance as requested by law enforcement organizations with the legal responsibility for providing police services to local units of government throughout the Twin Cities metropolitan area (hereinafter referred to as the "Requesting Party"), provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC; and (ii) only if such aid and assistance is warranted by extraordinary circumstances. For purposes of this Agreement, the term "extraordinary circumstances" shall mean those circumstances that significantly exceeds the usual and customary ability of the Requesting Party to effectively and safely provide police services 6 within its jurisdictional boundaries (which by way of example only, may include, but not be limited to, providing security for critical infrastructure, transportation routes and venues and facilities). Nothing contained in this Agreement shall preclude the Provider from also becoming a Requesting Party and availing itself of the RRT in.accordance with this Section 3.6. 4 TERM OF AGREEMENT 4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement shall become operationally effective as follows: 4.1.1 Security Event Training SessionFs] - The Security Event Training Session Commencement Date and the Security Event Training Session Termination Date shall be the date[s] and time[s] so referenced in the writing described in Section 2.2 A of this Agreement which writing will incorporate the terms and conditions of this Agreement. 4.1.2 Security Event - The Security Event Commencement Date and the Security Event Termination Date shall be the date[s] and time[s] so referenced in a separate writing to be provided by the SPPD to the Provider, which writing will incorporate the terms and conditions of this Agreement. 4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event Training Session Termination Date[s] and the Security Event Termination Date upon verbal or other non-written notice provided to Provider. 5 BILLINGS AND PAYMENTS i 5.1 That in consideration for the Provider's faithful performance of this Agreement, the City hereby agrees to compensate Provider from the Security Subsidy as provided in Section 3 herein and this Section 5. Notwithstanding any other provision contained in this Agreement, the Provider agrees that the City's reimbursement to the Provider from the Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable in Section 3 herein, shall not exceed, unless otherwise agreed to in writing by the City, an amount to be'mutually agreed to by the City and the Provider, no later than June 30, 2008. 5.2 Reimbursement Requirements 5.2.1 Except as may otherwise be provided either by this Agreement or with the written consent of the City, any payments due and owing by the City to the Provider for approved reimbursable costs and expenses described in this Agreement for which the Provider has completed and delivered to the City all of the documentation required herein, shall be made no earlier than the Security Event Termination Date. Subject to the conditions described in this Section 5.2.1, the City shall make 7 rI every effort to make the payment to the Provider within thirty-five (35) days after the City's receipt of all of the documentation required herein. 5.2.2 As a condition precedent to receiving any reimbursement from the City for approved reimbursable costs and expenses described in this Agreement, the Reimbursement Payment Form, referenced in Attachment F, attached hereto, must: . A. Be submitted to the City no later than November 15, 2008, unless such deadline is otherwise extended with the written consent of the City. The Reimbursement Payment Form shall be submitted to the Attention of Lori Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700, City of Saint Paul, MN 55102; and B. Include a cover letter signed by the Provider's Chief Financial Officer or his/her designee, detailing the total amount sought to be reimbursed and a including a summary narrative and cost overview that provide context to the submission, including any unusual circumstances, all provided under the following certification: "I certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 Republican National Convention, and that all information was obtained from payroll records, invoices or other documents that are available for audit. and C. Include an itemized invoice as specified on checklist; and D. Include all back-up documentation, as outlined on the checklist provided by the City to the Provider. 5.2.3 In addition to any other requirements contained herein, Provider agrees that it will promptly provide to the City upon request, any other information or documentation of approved reimbursable costs and expenses described in this Agreement as may be required by the federal government as a condition to the City's receipt of the Security Subsidy. All records must be maintained for future audits and the entity being reimbursed will be fiscally responsible for the results of any such audit. 5.2.4 Any questions regarding this reimbursement process should be directed to: Lori Lee or designee, Office of Financial Services. 5.2.5 The Provider acknowledge and agree that the City's obligations to provide reimbursement pursuant to this Agreement are solely and exclusively limited to the Security Subsidy, and that the City shall not be liable for any payment hereunder: (i) to the extent that the Security Subsidy is insufficient to fully reimburse the Provider and the City provides the notice described in Section 16 of 8 this Agreement; or (ii) in the event that the funder[s] of the Security Subsidy determine, independent of the City and the SPPD, that a cost that may otherwise be reimbursable pursuant to the terms of this Agreement, is not eligible for reimbursement and that any payment for reimbursement previously made by the City to the Provider is deemed to be ineligible by the funder[s] and is required to be returned to the funder[s]. 5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in the sections of this Agreement. 6 AGREEMENT MANAGEMENT 6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has identified the following person[s] as persons to contact only with regard to the following matters regarding the Agreement: (List names) (List responsibilities) Lieutenant Roger New Any Operational Issues Deputy Chief Jeff Johnson Any Issues Chief James S. McDonald Any Issues Sgt. Brad Ramthun Rapid Response Team Issues 7 WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION 7.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work product" shall mean any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to SPPD or results from Provider's services under this Agreement. "Supporting documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to SPPD or Provider and pertain to work performed under this Agreement. 7.2 All deliverable work products, supporting documentation and business records or copies thereof, that are needed from or are the results from the Provider's services under this 9 N Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City and shall become the property of the City after delivery. 7.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement without prior notice to the other. Except as otherwise required by federal and/or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any security information, security service or security service data, defined under Minnesota Statutes, Sections 13.37 and 13.861 or any like data, as defined and/or required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 7.4 In the event of termination, all supporting documents and business records prepared by the Provider under this Agreement, shall be delivered to the City by Provider by the termination date. 7.5 Both the City and the Provider agree to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 7.6 Both the City and the Provider agree to abide strictly by Chapter 13 , Minnesota Government Data Practice Act, ("MGDPA")and in particular Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1 (b), 138.17 and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 8 EQUAL OPPORTUNITY EMPLOYMENT Neither the City nor the Provider will discriminate against any employee or applicant for employment for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 9 COMPLIANCE WITH APPLICABLE LAW 10 7 Both the City and the Provider agree to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to their respective performances of the provisions of this Agreement. 10 CONFLICT OF INTEREST 10.1 Both the City and the Provider agree that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation, or government unit that would create a conflict of interest in their respective performances of their obligations pursuant to this Agreement. 10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance with Chapter 24.03 of the Saint Paul Administrative Code, which provides that: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." 10.3 Both the City and the Provider agree that, should any conflict or potential conflict of interest become known, the party learning of such conflict or potential conflict shall advise the other party of the situation so that a determination can be made about each party's ability to continue performing services under this Agreement. 11 INSURANCE 11.1 The Host Committee for the 2008 RNC, at its own cost, shall provide the following insurance coverage in which the Provider shall be covered as a named insured party: A. Police Professional Insurance (the "Insurance Coverage") providing coverage for claims arising out of actions of each LPO and Non-LPO who provide security and law enforcement during the convention and convention related events with a limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced by a certificate of insurance provided to the Provider providing at least a ten (10) day notice of cancellation or any significant material change in coverage. 11. The Provider agrees to be bound by the terms and conditions contained in the Insurance Coverage policy ("Policy"), the terms and conditions of which are incorporated herein by reference. 11. 1.2 The parties acknowledge and agree that the Insurance Coverage shall only provide coverage during the time period set forth in the Policy. 11.1.3 The Provider agrees that is shall cooperate with the insurer who will be underwriting the Insurance Coverage by timely providing information as reasonably requested by said insurer or its designees. For purposes of this Section 11.1.3, this cooperation will include, but not be limited to both the underwriting 11 process and the claims process, and this obligation shall survive and extend if necessary, beyond the termination of this Agreement. 11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non-LPOs. The Provider will maintain workers' compensation insurance or self-insurance equivalent coverage, covering each of its own LPOs and Non-LPOs while such LPOs and Non- LPOs are providing services pursuant to this Agreement. The Provider waives the right to sue any other party for any workers' compensation benefits paid to its own LPOs or Non- LPOs and any dependants of such LPOs and Non-LPOs, even if the injuries were caused wholly or partially by the negligence of any other party. i i 12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT 12.1 Notwithstanding any other provision of this Agreement, including, but not limited to Section 2.3, it is understood and agreed by the parties hereto that, at all times and for all purposes within the scope of the Agreement, the relationship of the Provider to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find the Provider or the LPOs to be employees of the City, and the Provider shall be entitled to none of the rights, privileges, or benefits of City employees. 12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be required to comply with the rules of conduct established by the Provider and the SPPD. In the event that a conflict exists between the Provider's rules of conduct and the SPPD's rules of conduct, the SPPD's rules of conduct shall apply. The Coordinator or his designee shall refer disciplinary matters involving LPOs to the Provider for an investigation that may be jointly conducted by the SPPD and the Provider unless, based on the judgment of the Coordinator or his designee, a particular matter represents probable cause for the issuance of a criminal complaint, in which case the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notified in advance thereof. 13 SUBCONTRACTING. Both the City and the Provider agree not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the other party. 14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other party and the results thereof. 12 I 41 Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor shall be construed to waive any rights and benefits either party has with regard to its status under the insurance coverage described in Section 1 I of this Agreement. 14.2 It is understood and agreed that each party's liability shall be limited by the provisions of Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either party, their respective officials and employees, may have under said Chapter 466, or any common-law immunity or limitation of liability, all of which are hereby reserved by the parties hereto. 15 ASSIGNMENT The City and the Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Provider will assign or transfer their interest in this Agreement without the written consent of the other. I i 16 EVENTS OF DEFAULT; TERMINATION 16.1 By the City - The City may terminate this Agreement based on the occurrence of any of the following events: A. the cancellation of the 2008 RNC; B. the determination made in the sole discretion of the City, that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in Section 3 of this Agreement, which determination must be made and disclosed to the Provider prior to the Security Event Commencement Date; C. the failure of the Host Committee to purchase and provide the insurance coverage described in Section 11 of this Agreement in a timely manner determined by the City; D. the failure of the Provider to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the City or SPPD provides Provider with notice of such default. 16.2 By the Provider - The Provider may terminate this Agreement based on the occurrence of any of the following events: A. without cause, prior to any Security Event Training Session[s] Commencement Date[s] in which any of the Provider's LPOs shall 13 IZX) participate; B. the cancellation of the 2008 RNC; C. the failure of the Host Committee to provide the Provider with evidence in the form of a certificate of insurance naming the Provider as a named insured in the policy of insurance coverage described in Section 11 of this Agreement; D. the Provider's receipt of the notice described in Section 3.2 of this Agreement; E. the failure of the City to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the Provider provides the SPPD with notice of such default. 16.3 Both the City and the Provider shall act in good faith, to provide as much advance written notice of an event of default in this Section 16, to the other party that is reasonable under the circumstances. 16.4 In the event of termination, the City will only pay Provider for those services actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. Except as otherwise provided in this Section 16.4, neither the City nor the Provider shall be entitled to the recovery of any consequential damages or attorney fees related to an event of default hereunder. 17 GOOD FAITH DISPUTE RESOLUTION The City and the Provider shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner. In the event such a dispute arising out of or relating to this Agreement or breach thereof cannot be resolved exclusively among the parties, such dispute shall be referred to non-binding mediation before, and as a condition precedent to, the initiation of any legal action hereof, provided for herein. Each party agrees to participate in up to four hours of mediation. The mediator shall be selected by the parties, or if the parties are unable to agree on a mediator then any party can request the administrator of the Ramsey County District Court Civil ADR Program and/or similar person, to select a person from its list of qualified neutrals. All expenses related to the mediation shall be borne by each party, including without limitation, the costs of any experts or legal counsel. All applicable statutes of limitations and all defense based on the passage of time are tolled while the mediation procedures are pending, and for a period of 30 days thereafter. 18 AMENDMENT OR CHANGES TO AGREEMENT 14 18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties hereto, after all appropriate and necessary authority has been acquired by each such party. 18.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 19 NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: To Provider: City of Eagan Eagan Police Department Deputy Chief Jeff Johnson 3830 Pilot Knob Rd Eagan, MN 55122 20 WAIVER Any fault of a party hereto to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this Agreement's provisions. 21 SURVIVAL OF OBLIGATIONS 21.1 The respective obligations of the City and Provider under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. 21.2 If a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties hereto legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement shall continue in effect. 15 22 INTERPRETATION OF AGREEMENT This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 23 FORCE MAJEURE Neither the City nor the Provider shall be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. 24 ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF SAINT PAUL STATE/CITY/COUNTY OF By: By: Its: Mayor Its: Mayor Date: Date: Approval Recommended: By: By: Its: Chief of Police Its: Chief of Police Saint Paul Police Department Eagan Police Department By: By: Its: Director, Office of Financial Services Its: Chief Financial Officer By: By: Its: Director, Department of Human Rights Its: City Clerk Approved as to form and legality: Approved as to form and legality: 16 By: By: Its: Assistant City Attorney Its: (Assistant to/or) City attorney Funding: Provider's Taxpayer I.D. No. Activity # and Activity Manager Signature I I 17 JL - J Ia- a 0 z ~ w 3 ~ c Q O m E Q pmp c d c a~ Q c co c e ` N w LL a aci z n. w o E v- o o n En a a) > > rn o m CL (n 10 w U ~ H (n 6 Q) a) tm as m d fop .L-• V = U U C a) a) N E U O O j Q C p J 0O (n U 0) U > .p C > O U) - Q. N C O V fl E a) .d+ a) E m d c m m Q) m Q U z Q) CL (0 O U w 2) z ao~ w c > m Q 0 E m ~ c> OU o m (n J ll.. O y V V V V V V V _V V y (n U Z Z d d a) z0 E U IU)COO- 000000 C• as d C U E- o Q z m w E m L E F- U (D Q Z c cca w y c a z i z d E m 9 m y c d E (n O gamic=(AM a) ~o LL ~ W o m w m ~v)U) ° o 0 E t Yxc~~U)) > w as c d c c o U O D C Y "a O G m a a) m o z Of C O O E O V p O y O U n UN~ a mQ1-U~ F- U) )wU) F- - 0 Agenda Information Memo July 15, 2008 Eagan City Council Meeting G. WA CONTRACTS F I ENGINES ACTT TO BE CONSIDERED: To award contracts for purchase of two replacement fire engines with final contract language subject to approval by the City Attorney's Office and City staff and to approve a reimbursement resolution. FACTS: • At the May 5, 2008 City Council meeting, Council authorized the Fire Department to advertise for bids to replace two existing 1988 Fire Engines. • The City received only one proposal for the replacements, that being from Pierce Fire Apparatus. Pierce has been the manufacturer of our j past four fire trucks. • The Fire Department Truck Committee has reviewed the proposal from Pierce and has indicated that the proposal meets the bid specifications. • The Truck Committee and Fire Department staff are recommending that the Council authorize the award of the contract to purchase two replacement fire engines as follows: o Replacement for Unit 1219 at an approximate net cost of $528,895 (2009-A). a Replacement for Unit 1221 at an approximate net cost of $517,486 (2009-6). • These net prices include acceptance of the three options recommended by the Truck Committee, the trade in of the engines being replaced, and interest credits for early payment on each new unit. It is very problematic for the City to sell the used units; therefore, staff is recommending that they be traded in on purchase of the new units. The interest credit is calculated at a higher interest rate than the City can presently earn on its invested funds so there is net cash gain to the City through early payment. The interest earnings calculations will be made based on the actual dates of payment; consequently, the final total net cost of the units will be determined later, however it will not change much from the estimate noted above. The interest estimate on 2009-A is currently calculated as $91.82 per day for 60 days and as $44.70 for 90 days totaling $9,556. The interest estimate on 2009-B is currently calculated as $89.84 per day for 60 days and as $42.71 per day for 90 days totaling $9,243. The $8,144 credit is a 3% `V discount for early payment on the chassis for each unit and will not change. • Delivery is scheduled to be by March 3, 2009 for both units. • The Council approved funding for the replacement of fire apparatus in October of 2007. The trucks would be funded by the following methods: o Unit 1219 Community Investment Fund. o Unit 1221 Sale of Equipment Certificates. • Since Equipment Certificates will be sold to fund one of the units, approval of a reimbursement resolution is necessary to provide for the future tax-exempt sale of the certificates. • To achieve economy of scale benefits, the bid process includes a City option to purchase a third fire engine replacement for Unit 1213, which is a 1980 Fire Engine. The City has applied for a federal grant to help defer the cost of the potential third truck. Consideration for purchase of this unit will be brought back to the Council in late summer or early fall. The third truck would have a late 2009 delivery date. ATTACHMENTS: • Enclosed on page is a copy of the Truck Committee memo. Enclosed on page is a copy of the cost summary for the units. • Enclosed on page is a copy of the reimbursement resolution. INTEROFFICE MEMORANDUM TO: MIKE SCOTT, FIRE CHIEF FROM: DAVID HAMMER, TRUCK COMMITTEE CHAIRPERSON SUBJECT: BID FOR TWO FIRE ENGINES I DATE: 7/11/2008 Chief Scott, The Truck Committee has reviewed the bid from Clarey's Safety Equipment / Pierce Manufacturing for the purchase of two (2) engines for 2009. The bid meets the, Truck Committee's specification that we provided to you to publish. We are sure that the bid provided will be the vehicles were are expecting and will provide many years of service to the community. The Truck Committee also recommends that we go ahead with the three options of: 1. The backup camera for safety reasons to assist with backing the vehicle. We have found that this feature is very helpful to be able to view the rear of the vehicle and adds a margin of safety for the driver. 2. The raised roof to allow more head room for the firefighters in the rear seats. The extra vertical room is needed to allow firefighters to don their SCBA and other gear when enroute to a fire call. 3. The LED Roto-Ray light for the front of the vehicle. This rotating light has been found to be a great attention grabber to clear the traffic in front of emergency apparatus. Getting drivers attention and clearing the way is an important item when responding to calls. Further, the Truck Committee recommends that we accept the trade-in offers for our existing vehicles. The dollars offered in the bid are consistent with market value for the year and types of vehicles we are replacing. Trading the vehicles in past purchases has been found to provide us with better prices. Finally, we recommend that the City of Eagan decide to do the entire pre-pay option on the engines. We believe the dollars saved upfront are a good investment for the department, city and community. While the bid is under the amount allotted for these vehicles, the pre-pay option allows us to save the city even more money. Please let me know if you have any questions on this matter. JUL-10-2009 02:31P FROM: CLAREY'S SAFETY EQMT 5072897374 TO:16516755012 P.2 Base Bid Price 2009-A $558,490.00 Trade-in Allowance -$18,000.00 Raised Roof Option $1,300.00 Option #5 - Backup Camera $2,660.00 Option #6 - Roto Ray LED $2,145.00 Contract Amount Before Prepayment $546,595.00 Prepayment discount $17,700.00 (Interest $9,556 and chassis discount $8,144) Contract Amount $528,895.00 Base Bid Price 2009-8 $546,768.00 Trade-in Allowance 418,000.00 P Raised Roof Option $1,300.00 Option #5 - Backup Camera $2,660.00 Option #6 - Roto Ray LED $2,145.00 Contract Amount Before Prepayment $534,873.00 Prepayment discount $17,387.00 (Interest $9,243 and chassis discount $8,144) Contract Amount $517,486.00 Total Contract Trucks 2009-A & B $1,046,381.00 Base Bid Price Third Bid $568,331.00 Trade-in Allowance -$2,000.00 Raised Roof Option $1,300.00 Order prior to 9/30/08 -$17,000.00 Option #5 - Backup Camera $2,660.00 a2 Option #6 - Roto Ray LED $2,145.00 Contract Amount Before Prepayment $555,436.00 Prepayment discount $33,804.00 (Interest $25,660 and chassis discount $8,144) Contract Amount $521,632.00 I', CITY OF AGAN RESOLUTION A RESOLUTION DECLARING OFFICIAL REIMBURSEMENT INTENT WHEREAS, the Eagan City Council is approving the purchase of fire apparatus, a part of which will subsequently be funded through the sale of Equipment Certificates as provided for by Minnesota Statutes Section 412.301. The maximum amount of Equipment Certificates expected to be issued for this purpose is $600,000; and WHEREAS, it is reasonably expected that, prior to the issuance of Equipment Certificates, the reasonably expected source of funds to be used to pay the expenditures is the Common Investment Trust Fund; and WHEREAS, the City intends to reimburse the above described expenditures with the proceeds of tax exempt Equipment Certificates to be issued pursuant to Minnesota Statutes, Chapter 412.301. It is reasonably expected that the source of funds to be used to pay debt service on the reimbursement bonds is taxes; and WHEREAS, this declaration is made pursuant to the applicable IRS regulation which is under Treasury Regulations Section 1.130-18. NOW, THEREFORE, BE IT RESOLVED the City Council of Eagan declares its intent to reimburse the acquisition cost of certain fire apparatus with the proceeds of tax exempt Equipment Certificates. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: July 15, 2008 CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15th day of July, 2008. Maria Petersen, Clerk Agenda Information Memo July 15, 2008 H. CONSENT AGENDA: AUTHORIZE THE ISSUANCE OF REQUEST FOR PROPOSAL (RFP) FOR DEVELOPMENT OF GOVERNMENT OPTICAL FIBER NETWORK BETWEEN THE CITY OF EAGAN, DAKOTA COUNTY, DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY, AND THE STATE OF MINNESOTA OFFICE OF ENTERPRISE TECHNOLOGY. ACTION TO BE CONSIDERED: To authorize the issuance of Request for Proposal (RFP) for development of governments optical fiber network between the City of Eagan, Dakota County, Dakota Community Development agency, and the State of Minnesota Office of Enterprise Technology. FACTS: • The City of Eagan, Dakota County, Dakota County Community Development Agency, and State of Minnesota Office of Enterprise Technology will all benefit from additional fiber optic connections in and around Eagan. Each government entity will further benefit through this RFP for a joint fiber cabling network installation. • This proposed RFP sets out the cost sharing and the use of the optical fiber facilities to be installed for this project. • The City of Eagan desires additional fiber optic connections from City Hall to the City Maintenance Facility and to the Eagan Community Center for redundancy, disaster recovery and • Depending on the results of this Request for Proposal for fiber construction and installation, a recommendation will be made to the City Council for contract approval. • Financing for the City's share of the proposed fiber optic network is included in Part II, Vehicles and Equipment, of the City's Capital Improvement Plan and is financed with Retained Franchise Fees. ATTACHMENTS: • A copy of the RFP is enclosed on pages through. CITY EAGAN FIBER CABLING PROJECT DAKOTA COUNTY.) MINNESOTA REQUEST FOR BIDS FOR FIBER OPTIC CABLING Deadline for Submitting i is :00 C o August 20, 00 City of Eagan (651) 675-5092 Page 1 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN Table of Contents Cover Sheet ..........................................................................................................1 Table of Contents .................................................................................................2 Invitation for Bids ................................................................................................3 Instructions to Bidders 4-5 General Conditions 6-14 Bid Form .......................................................................................................15-16 Tennessen Notice ...............................................................................................17 Standard Assurances .....................................................................................18-19 Project Specifications ....................................................................................20-21 Maps 22 Page 2 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN 3 INVITATION FOR BIDS 1. Sealed bids for City of Eagan Fiber Cabling Project will be received by Kristi Peterson, Information Technologies Manager at Eagan City Hall, 3830 Pilot Knob Road, Eagan, Minnesota 55122 not later than 2:00 p.m. local time on Wednesday, August 20, 2008. 2. 2. Bids will be based upon this invitation, the attached contract documents, general conditions, supplemental or special conditions, project scope, specifications, drawings and requirements. Single bids will be received for the total work. 3. Bids will only be accepted on the bid forms included in the bid document unless otherwise noted. Fill in all items on the bid form submitted, sign and date same. 4. Each bid shall be accompanied by a certified check, cashier's check or corporate surety bond in an amount equal to five percent (5%) of the base bid, as bid security. 5. Prime contractor and his subs will pay the State Prevailing Wage rate to workers utilized on this project. 6. The successful bidder is required to furnish a Performance Bond and a Labor and Material Payment Bond each in an amount equal to the total bid. 7. City of Eagan reserves the right to reject any or all bids received and to waive any informalities and irregularities in the bidding 8. Bids may not be withdrawn for a period of forty-five (45) days after the opening. 9. The Project Completion Date is November 01, 2008. Time is of the essence in this Contract. The failure of either party to perform its obligations in a timely manner may be considered by the other party as a material breach. 10. All questions regarding this project will be directed to the attention of Kristi Peterson, Information Technologies Manager at 651-675-5092 or emailed to . Where indicated in the attached documents, submittals will be made directly to the Information Technologies Manager. Page 3 of 22 Contract Documents for City of Eaga F r Cabling Project Dakota County, MN Lbff- CITY OF EAGAN INSTRUCTIONS TO BIDDERS 1. By making a bid, the bidder represents that they have read and understand the contract documents and the bid is for a complete project. 2. Bidder further represents that they have inspected the site of the proposed work to ascertain any obstacles that might be encountered and other matters and conditions relevant to the work. 3. Nature of the work required demands thorough review of all contract documents and diligent and careful site inspection by all prospective bidders as a means of determining the extent of work and conditions under which work is to be performed. 4. Additional charges will not be considered for work that prior to bidding, could reasonably be inferred as appropriate by examination of specifications, visiting the site, and closely reviewing the work as indicated above. 5. Bid Form: a. Complete and submit one copy. b. Fill in all spaces in ink or typed. C. Initial any alteration, correction or deletion as approved by the bidder, or in case of a corporate bid, by a duly authorized officer prior to submission of bid. Bid will be rejected if changes are not correctly initialed. d. Bids will be received for the specified material and equipment only, e. Include all labor, material, equipment, incidental costs and sales or use taxes for incorporation of unit prices into the base bid according to the specifications. f. State all prices in writing and in figures on the Bid Form. g. In case of a difference in written words and figures, the amount stated in writing governs. h. Do not stipulate any conditions not contained in the Contract Documents unless the specifications indicate that alternative materials, equipment, or methods will be considered. L City of Eagan may waive any informality or reject any and all bids. j. Date bid. k. Any bid may be withdrawn prior to the scheduled time for opening of bids or authorized postponement thereof. 1. Indicate addendum received on the Bid form. If none - write "none." in. Submit the Bid on the forms furnished in the bid package to the office of the Information Technologies Manager on or prior to the stated bid time and date. n. Bid documents shall be submitted in a sealed envelope clearly labeled on the lower left-hand corner- "Sealed bid enclosed City of Eagan Fiber Cabling Project" o. Bid Security: Each bid shall be accompanied by a certified check, cashier's check or corporate surety bond in an amount equal to five (51/o) percent of the base bid pledging that the bidder will enter into a contract with City of Eagan on the terms stated in his bid and will furnish bonds as hereunder described covering the faithful performance of the Contract and the payment of all obligations arising there under. The Attorney- in-Fact who executes a surety bond on behalf of the surety shall affix to the bond a certified and current copy of his Power of Attorney. P. Execute and attach Tennessen Notice to submitted Bid Form. b. Performance and Payment Bonds: If awarded a Contract and required by law the bidder shall furnish a Performance Bond and a Labor and Material Payment Bond, each written for the full amount of the contract sum covering the faithful performance of the Contract and the payment of all obligations arising there under. The sureties shall be authorized to conduct surety business in the State of Minnesota with an underwriting limitation equal to or greater than the penal sum of the bonds to be furnished. Submit original bonds to the Project Manager. 7. Consideration of Bids / Bidder Qualifications: The Bid will be awarded to the lowest responsible bidder who meets specifications. Determination of the lowest responsible bidder will be based upon the total cost and any other criteria required by the City of Eagan to verify bidder qualifications to complete the work. Page 4 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN 105 City of Eagan may make such investigation, as it deems necessary to determine the ability of the bidder to perform the work. The bidder will be required to furnish City of Eagan all such information and data for this purpose as may be requested. City of Eagan reserves the right to reject any bid if evidence submitted by or investigations fail to satisfy the condition that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. 8. State Excise and Use Tax: In submitting a bid, the bidder includes in the amounts all state excise and use tax on all sales tax of building materials, supplies, and equipment to contractors, subcontractors, or builders for the erection of buildings or the alteration, repair or improvement of real property and as required by the State of Minnesota. 9. Laws and Regulations: Bidders attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of the authorities having jurisdiction over construction and completion of this project apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written in full. Any inspections required by any Federal, State or Local agencies will be arranged and paid by the bidder. Bidder will strictly comply with and follow all applicable Federal, State and Local statutes, laws and ordinances including Equal Employment and non-discrimination requirements. 10. Permits, Licenses and Fees: All building permits, licenses and fees required for this project will be obtained from City of Eagan and the other agencies as may be required for the project, paid by the Contractor and invoiced directly to the Owner at cost without mark-up. Copies of all billing and permit information will be attached to the invoice submitted to the Owner. II Page 5 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN L'OLP GENERAL CONDITIONS G-1 Definitions: 1.1 Addenda - Written or graphic instruments issued prior to the opening of Bids that clarify, correct or change the Bidding Requirements of the Contract Documents. 1.2 Agreement - The written contract between Owner and Contractor covering the work to be performed including any attachments and exhibits. 1.3 Bid Documents - Includes the contract agreement, bid notice, invitation for bids, instructions to bidders, general conditions, addenda, specifications, specified requirements or schedules, drawings and bid form. 1.4 Bonds - Bid, Performance, Labor and Material Payment, Warranty bonds and other instruments of security. 1.5 Change Order - a document prepared by the Owner, Architect or Engineer which is signed by the Architect or Engineer, Contractor and Owner and authorizes an addition, deletion, or revision in the work or an adjustment in the Contract Price or schedule issued on or after the effective date of the agreement. All no cost changes to the contract documents will be included in change order documents. 1.6 Contract Documents - consist of the advertisement, invitation for bid, instruction to bidders, Contractor's bid form including documentation accompanying the bid and any post bid documentation submitted prior to the Notice of Award when attached as an exhibit to the agreement, contract agreement, specifications, drawings, these general conditions, any supplementary conditions, addenda, Notice to Proceed, insurance certificate, bonds, written amendments, change orders, work change directives, field orders, Architect or Engineer's written interpretations and clarifications issued and approved by the Owner after the effective date of the agreement and all formal modifications agreed to by both parties in writing. Any change to the contract can only be made in writing. NOTE: Approved shop drawing submittals, reports and drawings submitted after the effective date of the agreement r n Contract Documents. 1.7 Contractor - as identified in the "Owner-Contractor Agreement", the person(s), firm or corporation with whom the Owner has entered into the Agreement and means the contractor or Contractor's authorized representative. 1.8 Defective Work - work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test or approval, or has been damaged prior to acceptance by the Owner at substantial completion. 1.9 Field Clarification - A written order or change issued by the Owner, Architect or Engineer to the Contractor which orders minor changes in the work but does not involve a change in the contract price or the contract schedule. Includes AIA Architect's Supplemental Instructions - ASI and SI documents. 1.10 Notice of Award - the written notice by the Owner to the lowest bidder meeting contract or project requirements stating the intent of the Owner that upon compliance with all contract or project conditions, a formal contract will be issued by the Owner for execution by both parties. 1.11 Project - the total construction and furnishing of all labor, equipment and materials of the work to be provided under the contract documents. 1.12 Scope of Work - all work shown or described within the contract documents to include work not shown but required to provide for a complete installation. 1.13. Owner - City of Eagan - where reference is made to the Owner, except to final jumper to other party's fiber, Owner means the City of Eagan City Council or the City's authorized representative. G- 2 Owner-Contractor Contract: Nothing in the contract document shall create for the benefit of any such subcontractor, supplier, or other individual or entity any contractual relationship between Owner or Contractor and any such subcontractor, nor shall it create any obligation on the part of Owner, or Contractor to pay or to see the Page 6 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN 467 payment of any moneys due any such subcontractor, supplier, or other individual or entity except as may otherwise be required by laws and regulations. G-3 The Contractor shall carefully study and compare the contract documents and shall at once report to the Project Manager any error, inconsistency, or omission which may exist. It shall be the duty of the contractor to carefully check and verify all contract documents and to report discrepancies or errors to the owner in ample time so that corrections may be made without delaying the work or involving additional expense. Scaling of drawings is done at the contractor's own risk. Actual dimensions and locations will be field measured by the Contractor and the Contractor will be responsible for the correctness of same. G-4 The Owner reserves the right to stop the work if any portion is found to be unacceptable by notifying the Contractor in writing. G-5 The Owner reserves the right to perform work or any part thereof and to correct any defective work or deficiencies found in the contractor's work if the contractor fails to correct the same after a seven (7) calendar day period following written notice from the Owner of said defects or deficiencies to the contractor. All costs incurred in the correction of defective work or contractor deficiencies by the Owner shall be deducted from the contract amount including Owner staff overhead costs at actual hourly rate plus 40%. G-G Correction of Work: If within the period of time as may be prescribed by law or by the terms of any applicable special guarantee(s) required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so, unless the Owner has previously given the Contractor a specific written acceptance of such condition(s). The Owner shall give such notice promptly after discovery of the condition. G-7 Cutting and Patching: The Contractor shall do all cutting, fitting, or patching of the work as may be required to provide a complete installation. All patching shall be done in such a manner as to leave no visible trace and to return parts affected to the condition of undisturbed work. The Contractor shall repair any part of the existing structure damaged by the performance of the work under the Contract Agreement. G-S Clean-Up: The Contractor shall at all times keep the premises free from accumulation of dust, dirt, waste materials or rubbish caused by his operation by moving all such items to a central collection area. The Contractor will remove all waste from the site at frequent intervals to prevent hazards or unsightly conditions. If the Contractor fails or refuses to clean and remove all such scrap and waste from the project site, the Owner will perform the necessary clean-up and deduct the cost thereof from the total contract price including overhead costs at actual hourly rate plus 40%. G-9 HOLD HARMLESS AND INDEMNIFICATION: To the fullest extent permitted by law, Contractor agrees to indemnify the City, its officers, employees, agents, to hold them harmless, and to defend and protect them, from and against any and all loss, damage, liability, cost and expense (specifically including attorneys' fees and other costs and expenses of defense), of any sort whatsoever, based upon, resulting from, or otherwise arising in connection with any actions, claims or proceedings (of any sort and from any source whatsoever) brought, or any loss, damage or injury of any type whatsoever sustained, whether or not also caused in part by a party indemnified hereunder, by reason of any act or omission of Contractor, its officers, employees or agents, or any other person(s) or entity(ies) for whose acts or omissions Contractor may be legally responsible, in the performance of any of Contractor's obligations (whether expressed or implied) under this Contract. G-10 Independent Contractor Clause: For the purposes of this agreement, the Contractor shall be deemed to be an independent Contractor and not an employee of the City. Other persons while engaged in the performance of any work or services required to be performed by the Contractor under the terms of this agreement, shall not be considered employees of the City, and any and all claims that may or might arise on behalf of the Contractor, its agents or employees as a consequence of any act or omission on the part of the Contractor or its agents, servants, employees or other persons shall in no way be the obligation or responsibility of the Owner. It is hereby acknowledged by the parties that the City will not be responsible to the Contractor for any and all benefits provided by Contractor to its employees including but not limited to vacation, sick leave, worker's compensation and unemployment Compensation. See section G-29 also, G-11 Payment: The Owner will make payments as follows: Page 7 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN 1A On or about the twentieth day of each month following a month in which the Contractor has submitted a valid application for payment on or before the 25th of said month, the Owner will pay the contractor ninety-five percent (951/o) of the value, based upon a Schedule of Values approved by the Owner on the contract prices of labor and materials incorporated in the work and of materials suitably stored at the site up to the last day of the preceding month, as estimated by the project manager, less the aggregate of previous payments. All retainage shall be paid to the Contractor upon final completion of the project to the satisfaction of the owner's representative. Before final payment is issued Contractor shall supply City with a certificate executed by the Minnesota Commissioner of Revenue in accordance with Minn. Statue. 290.97 showing payment of all withholding taxes owed by Contractor or subcontractors for employee wages arising from this project (Revenue Form IC-134). Notwithstanding any provision of this Request for Bid to the contrary City of Eagan may immediately terminate this project and the resulting Contract if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Contract. Written notice of termination sent by the City to Contractor by facsimile is sufficient notice under the terms of this Contract. The City is not obligated to pay for any services that are provided after written notice of termination for lack of fimding. The City will not be assessed any penalty or damages if the Contract is terminated due to lack of funding. G-12 CONTRACTOR'S INSURANCE: Contractor agrees to provide and maintain at all times during the term of this Contract such insurance coverage's as are set forth in this section, and to otherwise comply with the provisions that follow. Such policy(ies) of insurance shall apply to the extent of but not as a limitation upon or in satisfaction of the indemnity provisions above. The provisions of this section shall also apply to all Subcontractors, Sub-subcontractors, and Independent Contractors engaged by Contractor with respect to this Contract, and Contractor shall be entirely responsible for securing the compliance of all such persons or parties with these provisions. The insurance required shall be written for not less than the limits of liability specified herein or required by law, whichever coverage is greater. Coverages shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. The Contractor's minimum limits of liability, which he shall also require from his Subcontractors, unless he insures their operations under his policy, are as follows: 12.1 Worker's Compensation and Employer's Liability Insurance: a. Worker's Compensation Insurance shall be as required by State statute. b. Employer's Liability Insurance shall be written for not less than the following limits of liability: $1,000,000 Each occurrence I 12.2 Comprehensive General Liability Insurance: Bodily jury Liability $3,000,000 Each individual $1,000,000 Each occurrence Property Damage Liability $1,000,000 Each occurrence Property Damage liability will provide X, C or U coverage as applicable. 10.3 Contractural Liability: BodilI j_urv Liability: $3,000,000 Each individual $1,000,000 Each occurrence Prope Damage $1,000,000 Each occurrence Personal Injury Protection Statutory (Required by State) Uninsured Motorists $25,000 Each person $50,000 Each occurrence Page 8 of 22 Contract Documents for City of Eagan, Fiber Cabling Project, Dakota County, MN 12.5 The Contractor shall submit Certificate of Insurance to the Project Manager for the Owner's review and approval. The Certificates shall be on a Standard Accord Form. 12.9 Approval of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. It is to be understood that the Owner does not in any way represent that the insurance or the limits of insurance specified herein are sufficient or adequate to protect the Contractor's interest or liabilities, but are merely minimums, 12.10 Where special or unusual hazards peculiar to this Project are foreseeable, the Contractor shall take such steps as are necessary to insure himself against such hazards and be responsible for any damages which result from the occurrence of the hazards in connection with the Work. 12.11 Property Insurance: The Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis. Such policy shall be written on an all Risk, Completed Value form. The policy may contain a deductible of not more than $25,000 which applies to each loss. The Contractor shall pay the costs not covered because of deductibles which apply to loss of the Contractor's work and any damage or loss to the Contractor's or Subcontractor's tools and equipment. 12.12 Materials Stored Off Site: If payments are to be made for materials or equipment stored off the site or in a transit, and such materials or equipment are not covered by the property insurance policy, the Contractor shall effect and maintain similar property insurance on such materials and equipment. 12.13 Performance Bond and Payment Bond: The Contractor shall furnish bond or bonds as described below, covering the faithful performance of the Contract and the payments of all obligations arising there under. The Contract will not be signed until the Owner has received the proper bond specified under this Article, issued by a bonding company licensed to do business in the State where the construction will take place, and on the current list of Company's Holding Certificates of Authority as acceptable Sureties on Federal Bonds and as acceptable reinsuring companies as published in Circular 570 (Amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. Furnish both AIA A312 Performance Bond and AIA A312 Payment Bond in the amount of 1001/4 of the Contract Price. Duly executed, notarized and updated Acknowledgments of both the Principal and Surety and the Surety's Power of Attorney must be attached to each of the two required bonds. Bond amounts shall not exceed the single bond limit for the Contractor's bonding company as set forth in the Federal Register current as of the bid date. 12.14 Additional Insurance City of Eagan shall, at any time during the period of the Contract, have the right to require that Contractor secure any additional insurance, or additional feature to existing insurance, as City of Eagan may reasonably require for the protection of their interests or those of the public. In such event Contractor shall proceed with due diligence to make every good faith effort to promptly comply with such additional requirement(s). 12.15 Evidence of Insurance. Contractor shall promptly provide City of Eagan with evidence that the insurance coverage required hereunder is in full force and effect prior to commencement of any work. At least 10 days prior to termination of any such coverage, Contractor shall provide City of Eagan with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence of insurance shall be in the form of the City of Eagan Certificate of Insurance, or in such other form as City of Eagan may reasonably request, and shall contain sufficient information to allow City of Eagan to determine whether there is compliance with these provisions. At the request of City of Eagan, Contractor shall, in addition to providing such evidence of insurance, promptly furnish Contract Page 9 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN 70 Manager with a complete (and if so requested, Insurer-certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorsed to require that the Insurer provide at least 30-day notice to City of Eagan prior to the effective date of policy cancellation, nonrenewal, or material adverse change in coverage terms. On Certificate of Insurance, Contractor's insurance agent shall certify that he/she has Error and Omissions coverage. 12.16 Insurer: Policies. All policies of insurance required under this paragraph shall be issued by financially responsible insurers licensed to do business in the State of Minnesota, and all such insurers must be acceptable to City of Eagan. Such acceptance by City of Eagan shall not be unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In all other instances City of Eagan shall have 15 business days from the date of receipt of Contractor's evidence of insurance to advise Contractor in writing of any insurer that is not acceptable to City of Eagan. If City of Eagan does not respond in writing within such 15-day period, Contractor's insurer(s) shall be deemed to be acceptable to City of Eagan. 12.17 Noncompliance. In the event of the failure of Contractor to maintain such insurance and/or to furnish satisfactory evidence thereof as required herein, City of Eagan shall have the right to purchase such insurance on behalf of Contractor, which agrees to provide all necessary and appropriate information therefore and to pay the cost thereof to City of Eagan immediately upon presentation of invoice. 12.18 Loss Information. At the request of City of Eagan, Contractor shall promptly furnish loss information concerning all liability claims brought against Contractor (or any other Insured under Contractor's required policies) that may affect the amount of liability insurance available for the benefit and protection of City of Eagan under this section. Such loss information shall include such specifics and be in such form as City of Eagan may reasonably require. 12.19 Release and Waiver. Contractor agrees to rely entirely upon its own property insurance for recovery with respect to any damage, loss or injury to the property interests of Contractor. Contractor hereby releases City of Eagan, its officers, employees, agents, and others acting on their behalf; from all claims, and all liability or responsibility to Contractor, and to anyone claiming through or under Contractor, by way of subrogation or otherwise, for any loss of or damage to Contractor's business or property caused by fire or other peril or event, even if such fire or other peril or event was caused in whole or in part by the negligence or other act or omission of City of Eagan or other party who is to be released by the terms hereof; or by anyone for whom such party may be responsible. Contractor understands and agrees that it is solely responsible for determining whether the Release and Waiver under this section could impair any of its rights under its property policy(ies), and further, that it is solely responsible for effecting any revision(s) to permit such policy(ies) as may be necessary to permit such Release and Waiver. G-13 Ordination of Documents: In the event of conflict in the Contract Documents, the priorities stated below shall govern: 13.1 Addenda shall govern over all other Contract Documents and subsequent Addenda shall govern over prior Addenda only to the extent modified. 13.2 Supplementary General Conditions shall govern over Contract General Conditions. 13.3 Contract General Conditions shall govern over all sections of the Specifications and any notation on the Plans. No other section of the specifications shall modify the Contract General Conditions. 13.4 In case of conflict between Plans and Specifications, the Specifications shall govern. 13.5 Conflicts within the plans: 13.5.1 Schedules, when identified as such, shall govern over all other portions of the plans. 13.5.2 Specific notes shall govern over all other notes and all other portions of the Plans except the schedules described in 5a above. 13.5.3 Larger scale drawings shall govern over smaller scale drawings. 13.5.4 Figured or numerical dimensions shall govern. Dimensions obtained by scaling are permitted only when specifically noted. Page 10 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN I 13.5.5 In the event that provisions of codes, safety requirements, Contract Documents, referenced manufacturer's specifications or industry standards are in conflict, the more restrictive or higher quality shall govern. G-14 Changes in Work: If the Contractor wishes to make a claim for an increase in the Contract sum, he shall give the Owner written notice thereof within fifteen (15) days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the work, except in an emergency endangering life or property in which case the Contractor shall proceed immediately with corrective measures following verbal notification to the Owner's authorized representative. No such claims shall be valid unless written notice is received by the Owner. Any change in the Contract sum resulting from such claim shall be authorized by change order. The cost or credit to the Owner resulting from a change in the work shall be determined and mutually agreed upon in advance of performance of the change in work in one or more of the following ways: a. Material costs (indicating identifications, quantities, and unit prices) which shall include all costs of transportation. b. Direct labor costs-indicating employee names, dates, hours and rates by trade. C. Increased or decreased insurance and bond premium costs payable by reason of change. d. Actual rental charges for rented equipment. e. Payment required to labor organizations under existing labor agreements. f. A maximum of fifteen percent (151/o) of the total of Items (a) through (d) as compensation for all other costs and expenses including administration and project overhead, profit, and supervision. g. Work performed by subcontractors, computed as outlined in Items (a) through (d) above to include a maximum of 10 percent on behalf of first tier subcontractors. h. All additional work shall be reduced to writing and agreed upon by the Owner and the Contractor prior to commencement of such work. For changed work priced after the work has been completed, the actual costs of items (a) through (e) plus a maximum of seven percent (71/o) of the actual costs as compensation for all other items, including but not limited to general and administrative overhead, supervision, accounting and profit. Invoices and time sheets are required for all materials and labor. G-15 Product Delivery, Storage, and Handling: Deliver, store and handle materials in a manner that will prevent damage. Store materials clear of the ground and protect from water and the elements. Protect finished surfaces from scratching and damage. Replace all damaged materials. Do not deliver materials subject to damage unduly long before they are required in the work and suitable storage facilities are available on the site - especially insulation materials. Deliver packaged materials in their original, unopened containers or wrapping with all Manufacturer's labeling intact. NO Contractor materials are to be direct shipped to the Project unless the Contractor dispatches his personnel to the site for receipt and unloading. City Staff cannot accept delivery for Contractor materials. G-16 Use of the Site: The existing buildings and structures on the site will be open and unoccupied by the Owner during the entire construction periods. The Contractor shall conduct his operations so as to permit safe and unimpeded access to all existing building entrances. Walks, driveways, entrances and hallways and all other areas to be used by the Owner and the public shall be maintained in a safe condition and shall be kept free and clear of Contractor equipment, materials and debris. All damage to existing grading, pavements, structures, landscaping and sod will be repaired and fully restored to prior condition upon project completion. The Contractor shall cooperate with the Owner in the scheduling and execution of the work and use of the site, and he shall notify the Owner as far in advance as possible of the commencement of any work or operation which would interfere with the use of the existing building(s) or drives. The Contractor's operations and storage of materials shall be confined to the areas agreed upon with the Owner. Fire lanes, loading dock and parking areas must be kept clear of contractor equipment and materials at all times. No vehicles can be left unattended in the loading dock or driveway areas. Page 11 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN The adjacent buildings and grounds may be under construction or occupied by the Owner during the entire construction period. G-17 Protection: The Contractor shall take all precautions to protect the Owner's property from damage during the work. If affected by contractor activities, including dust, electrical work, etc. all sensitive fire and security detection systems will be protected and maintained in 100% operating condition in occupied City facilities. All interruptions of services will be approved 48 hours in advance by and fully coordinated with the Owner. Any damage to the Owner's property due to this work shall be completely restored to its original condition at Contractor's expense. The Contractor shall provide full protection against dust, wind, storms, frost, rain, snow heat, and cold to avoid injury to new materials, existing structures and building contents. The Contractor shall provide suitable barricades and covers during the progress of work. G-18 Recycling - The Contractor will be responsible for knowing and complying with Federal, State and Local regulations pertaining to legal disposal of all construction and demolition materials. G-19 Sanitary Facilities: Contractor will provide all portable sanitary facilities for the project. G-20 Warranty: Unless otherwise noted in the specifications or drawings, all equipment, materials and workmanship will be warranted free from any defects for a period of one year from the date of acceptance by the City. This warranty includes all parts, materials, transportation, labor, mileage, vehicle charges, and manufacturer charges to correct any problems or defects in workmanship that may develop within the warranty period. The Contractor will correct all deficiencies without cost or interruption of service to City of Eagan during the one year warranty period including temporary replacement of critical equipment should it become necessary to remove the equipment from the site. G-21 Conflict of Interest: Contractor is required to disclose whether any of its owners, directors, officers or principals is, or is closely related to any City employee who has or may appear to have any control over the award, management or evaluation of the contract. G-22 Schedule: A CPM (Critical Path Method) Schedule will be provided by the contractor and approved by the Owner prior to start of any work. G-23 Project Meetings: The Contractor representative is required to attend a weekly construction status meeting at the site when scheduled by the Owner's representative. Contractor will provide detailed typewritten minutes of each meeting and provide one copy each to designated Owner's representatives. Project progress will be included monthly on the Master Project CPM Schedule with the application for payment and submitted to the Owner. Biweekly work schedules will be provided at each meeting and attached to the minutes of each meeting. G-24 Standard Assurances: See attached Exhibit A for requirements pertaining to Non-discrimination, Data Privacy, Records Disclosure/Retention, Worker Health/Safety/Training and Prevailing Wages. G-25 Scope of Work: A. General Scope: The attached specifications provide a minimum acceptable standard required by the Owner. Base Bid is for all work shown on the contract drawings and referenced in the Bid Documents including but not limited to earthwork, grading, concrete, steelwork, roofing, mechanical, electrical and special fire and security systems. B. Work included: Provide all labor, materials, articles, equipment, incidentals, items, tools, services, methods, operations, skills in such quantities as may be necessary to complete the project within intent of the Contract Documents. C. All work shall be completed in compliance with the latest edition of the prevailing fire prevention and building codes in effect in the State of Minnesota at the specified site. Manufacturer's specifications and instructions for specified products or approved equals become part of these specifications and all such instructions are to be followed accordingly. Page 12 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN 7 G26 Submittals: 1.1 GENERAL A. All required submittals will be made to the Owner for review and acceptance for inclusion in the project. B. Submittals such as brochures, schedules, performance charts, etc. that show more than one item or piece of equipment will be clearly marked to show which item is being submitted for approval. C. Each submittal will clearly show the following on a separate cover sheet: 1. Installation of 72 optical fibers within conduit with additional conduit from the City handhold (B) near Duckwood and Pilot Knob to City Hall (segment # 1) 2. Installation of 12 optical fibers cable within conduit from the CDA to a City handhold (B) near Duckwood and Pilot Knob to city handhold (segment #2) 3. Installation of 60 optical fibers within conduit from the city conduit handhold (B) to handhold A on Federal Drive (segment #3) 4. Installation of 12 optical fibers within conduit from the Eagan Community Center to the handhold A at Federal Drive (segment #4) 5. Installation of 36 optical fibers within conduit from Coachman Road to handhold A at Federal Drive (segment #5) 6. Installation of 12 optical fibers within conduit from Fire Station #1 to the McLeod handhold near Silver Bell Road (segment #6) if constructed 7. Date submitted 8. Contractor's review signatures. 9. Contractor's/Subcontractor's name, telephone number, fax and email address. 10. Manufacturer's or Supplier's name and telephone number of contact person. 1.2 SPECIAL SUBMITTALS FOR OWNER APPROVAL A. Prior to the start of any HVAC work, anyone who installs gas piping, heating, ventilation, cooling, air conditioning, fuel burning or refrigeration equipment for this project will fiu-nish to the Owner acceptable proof that a $25,000 bond has been posted with the Minnesota Department of Administration, Building Codes and Standards Division pursuant to Minn. Stat. Sec. 326.992. B. Insurance Certificate(s) naming City of Eagan as additional insured. C. Copy of Building Permit from local jurisdiction prior to start of any work on the project. D. Original Certificate of Occupancy naming City of Eagan as Owner. E. Copies of all special permits that may required for the project. F. For Dakota County right of way permits call Butch O'Connell at 952-891-7115. G. Plan for erosion control and storm water run off consistent with NPDES, federal, state and local requirements. H. Copy of Contractor's Safety and OSHA compliance plan. Contractor will have available on jobsite or post notice where the plan can be obtained. 1. Names of all Sub-Contractors and a complete list of all prevailing wages by labor codes and classes for each element of the project including work performed by the General Contractor. Prevailing wage compliance report is required at the start of the project. 1.3 SHOP DRAWINGS AND PRODUCT DATA A. Form of Submittals: shop drawings, prints, brochures, catalog pages, cut sheets, schedules, etc. B. Shop Drawings 1. All drawings will be drawn to scale and correctly dimensioned. 2. Will show all information needed to establish compliance with the Contract Documents and job conditions. 3. Will indicate any adjoining or incidental work in sufficient detail to show proper installation and connections. C. Checking by Contractor: the Contractor will check each submittal, mark up if required, indicate his approval, sign and date before submitting each item to the Owner. Page 13 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN `7~ D. Resubmittals 1. Drawings and material returned "No Exceptions Taken" need not be resubmitted. 2. Drawings and materials returned "Make Corrections as Noted" need not be resubmitted unless resubmission is indicated on the item. 3. Drawings and materials returned "Revise and Resubmit" or "Rejected" will be revised as required and then resubmitted. 4. Review and approval of submittals by the Owner is only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. Any review by the Owner does not relieve the Contractor from any responsibility. Contractor will confirm all dimensions at the Project Site regarding information that pertains solely to the fabrication processes or to techniques of construction and for coordination of the work of all Trades. 1.4 FINAL SUBMITTALS The Owner will retain an adequate amount from Contractor's final payment until the requirements of this section are fully met. A. As-Built Record Drawings - One complete set - CAD - AutoDesk AutoCAD Version 2007 Contractor and subcontractors will include as-built drawings as a line item value in their schedule of values submittal. Contractor will maintain on site original tracking document -fully accessible to Owner. Contractor will coordinate weekly meetings with owner representative, architect, engineer and subcontractors to verify, update and track as-built changes. As built drawings will include alternates, change orders and all other changes that record how the work was completed and what was installed. As part of the substantial completion process the Contractor will conduct an as-built drawings turnover meeting with owner's representatives, architect, engineer and contractors. Missing or inaccurate information will be corrected prior to final payment. B. IC -134 - State Department of Revenue - required from each Contractor or Subcontractor that worked on the project. IC-134 Form and Instructions are found at bnp://www.taxes.state.mn,us/foriiis/ic 134,pdf END OF GENERAL CONDITIONS Page 14 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN BDID FORM BID FOR: City of Eagan Fiber Cabling Project PROJECT: Fiber Optic Cabling Project BID OF: (full corporate name) ADDRESS: CITY, STATE, ZIP: TELEPHONE: FAX: Name of Project Manager Contact: Kristi Peterson This is a bid for the complete construction of a fiber cabling infrastructure and to furnish all labor and materials in accordance with the attached contract documents, drawings and specifications that were submitted with this bid and upon which this bid is made. An amount is required for each item. 1. BASE BID: Total dollar amount to provide all work required per attached bid documents. Total bid for segment #1 $ Total bid for segment #2 $ Total bid for segment #3 $ Total bid for segment #4 $ Total bid for segment #5 $ Alternate Total bid for segment #6 $ Alternate Bid for segment#1 increase 72 strands to 144 strands $ TOTAL LUMP SUM BASE BID: $ Amount in writing: 2. UNIT PRICES: 3. ALTERNATE BIDS - ADD OR DEDUCTIVE: In submitting this bid, it is understood that City of Eagan reserves the right to reject any or all bids, to waive any informality or irregularity in any bid received and to accept any alternate (if applicable) in any order or combination. If awarded the Contract, the undersigned agrees to execute an agreement within the specified time for the above stated compensation and to provide the required Performance Bond and Labor and Material Payment Bond. Failure to enter into a contract with City of Eagan to perform the services for which the bid is submitted within fourteen (14) calendar days following receipt of notice of bid award and a contract, shall result in forfeiture of the five percent (5%) bid bond or bid security to City of Eagan as liquidated damages. Page 15 of 22 Contract Documents for City of Eag°a-n~ Fiber Cabling Project, Dakota County, MN Page 1 of 2 of Bid Form By signing this bid, the bidder understands and agrees to the terms and conditions set forth herein and in the Instruction to Bidders and General Specifications and drawings. The undersigned agrees if awarded the contract to complete the contract within 30 calendar days from the date of written Notice to Proceed by the City. Indicate Addenda received: Please print:. Legal Name of Company Address Name and Title of Authorized Agent Signature Date Incorporated in the State of Indicate type of company: Corporation/partnership/sole proprietorship This document can only be signed by a person authorized to bind the bidder to a contract. This bid document contains a total of 26 pages, attached specifications, drawings and all addenda issued. The following must be attached to this bid Form: I. TENNESSEN NOTICE must be attached to this bid and signed by the Contractor's duly authorized representative. 2. Bid Bond if required. City Bonding Requirements • Bid Bonds are required for all bids $50,000 or larger. ■ Performance Bonds are required for all project awards $50,000 or larger. ■ Labor and Material Payment Bonds are required for all project awards $75,000 or larger. Bids may not be withdrawn for a period of 45 days from bid opening. Page 16 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN Fi Il Tennessen Notice Data Privacy: Acknowledgment In accordance with the Minnesota Government Data Practices Act, Minn. Stat. § 13.04 and § 13.591 City of Eagan is required to inform you of your rights as they pertain to private or non-public information collected from you. "Private or non-public data" is information that is available to you, but not to the public. NEED FOR INFORMATION: The information we collect or have collected from you or from other sources authorized by you is needed for evaluation of bids or proposals received by City of Eagan for a fiber optic cabling contract to determine the lowest responsive and responsible contractor to perform the planned work. REFUSAL: You are not legally required to supply the requested data City of Eagan. You have the right to refuse to supply the information we request; however, without this information, we may be unable to properly evaluate your bid or proposal and may not be able to award you the contract to perform the planned work. ACCESS TO DATA: Private or non-public information we collect from you may be shared, as a matter of program or service necessity, with another jurisdiction providing funding or other construction consultant hired by City of Eagan to prepare the building plans, oversee the construction, and pay for the work. Before the City has completed its selection or evaluation process, information will not be given to any other agency or individual without your written consent unless specifically authorized by state or federal law, or under a valid court order. Unless otherwise authorized by law, government agencies with whom we share private or confidential information must also treat the information they receive as private or confidential. You, as the subject of collected data, unless otherwise specified by law or court order, may view the information we have concerning you and may make written comments as to the accuracy of the information. Copies of information we have concerning your bid or proposal may be made, for a reasonable fee, upon your request. After the City has completed its selection or evaluation process, information that is not trade secret data will become public, as provided by Minn. Stat. § 13.591, subd. 3. RETENTION: All information on you will be kept until federal, state and/or city retention requirements have been met, at which time the information will be destroyed. Unless otherwise noted, this consent will only be effective for a period of one (1) year from the date of signature. IN ACCORDANCE WITH ME14NESOTA STATUTES, SECTION 13.04, I HAVE BEEN INFORMED OF AND UNDERSTAND MY RIGHTS AS SUBJECT OF DATA. Name of Organization By: Signature Date Page 17 of 22 Contract Documents for City of Eag ber Cabling Project, Dakota County, MN i EDIT A SA4 Standard/Wage Revised: 04/01/05 STANDARD ASSURANCES I 1. NON-DISCRIMINATION. During the performance of this Contract, the Contractor shall not unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination because of their race, color, creed, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status. Such action shall include, but not be limited to the following. employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for, employment without regard to race, creed, color, religion, sex, national origin, disability, sexual orientation, age, marital status, or public assistance status. No funds received under this Contract shall be used to provide religious or sectarian training or services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not meant to limit, laws which may be applicable: A. The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. § 2000e et seq. which prohibits discrimination in employment because of race, color, religion, sex or national origin. B. Executive Order 11246, as amended, which is incorporated herein by reference, and prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex or national origin. C. The Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et M. and 45 C.F.R. 843 (1) and (K) implementing Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons in the access to or participation in federally-fiinded services or employment. D. The Age Discrimination in Em 1gyment Act of 1967, 29 U.S.C. § 621 et M. as amended, and Minn. Stat. § 181.81, which generally prohibit discrimination because of age. E. The Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d), which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. F. Minn. Stat. Ch. 363A, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. G. Minn. Stat. § 181.59 which prohibits discrimination against any person by reason of race, creed, or color in any state or political subdivision contract for materials, supplies or construction. Violation of this section is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums due under the Contract. H. Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213, 47 U.S.C. 225, 611, with regulations at 29 C.F.R § 1630, which prohibits discrimination against qualified individuals on the basis of a disability in term, condition or privilege of employment. 2. DATA PRACTICES. For purposes of this Contract all data created, collected, received, stored, used, maintained, or disseminated by Contractor in the performance of this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13 and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as the Federal laws on data privacy, and Contractor must comply with those requirements as if it were a governmental entity. The remedies in section 13.08 apply to the Contractor. Contractor does not have a duty to provide access to public data to the public if the public data are available from the governmental agency (City), except as required by the terms of this Contract. All subcontracts shall contain the same or similar data practices compliance requirements. 3. HEALTH WSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996. The Contractor agrees to comply with the requirements of the Health Insurance Portability and Accountability Act (I-IIPAA) which are applicable to the Contractor's duties under this Contract. In performing its obligations under this Contract, Contractor agrees to comply with the HIPAA Privacy requirements, the HWAA Standards for Electronic Transactions, the HIPAA security requirements, and any other applicable HIPAA laws, standards and requirements now in effect or hereinafter adopted as they become law. 4. WORKER HEALTH, SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors are properly trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks Page 18 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN t ql engaged in under this Contract. Each Contractor shall comply with federal, state and local occupational safety and health standards, regulations and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work to be performed by Contractor. 5. PREVAILING WAGES. Contractor shall pay wages to its employees at a rate not less than those established by the Minnesota Department of Labor & Industry for commercial construction projects in accordance with Minn. Stat. § 471.345. 6. BOND FOR G/HVACR CONTRACTORS: In accordance with Minn. Stat. § 326.992, if Contractor will be performing any work having to do with gas, heating, ventilation, cooling, air conditioning, fuel burning or refrigeration, the Contractor must give bond to the State of Minnesota for the benefit of persons suffering financial loss by reason of Contractor's failure to comply with the requirements of the State Mechanical Code. 7. CONTRACTOR DEBARMENT, SUSPENSION AND RESPONSIBILITY CERTIFICATION. Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minnesota Statutes, Section 16C.03, subd. 2 provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the State/Agency. Vendors may be suspended or debarred when it is determined, through a duly authorized hearing process, that they have abused the public trust in a serious manner. By Signing This Contract, The Contractor Certifies That It And Its Principals* And Employees: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state or local governmental department or agency; and B. Have not within a three-year period preceding this Contract: 1) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; 2) violated any federal or state antitrust statutes; or 3) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction; 2) violating any federal or state antitrust statutes; or 3) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and D. Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this Contract are in violation of any of the certifications set forth above. E. Shall immediately give written notice to the Contracting Officer should Contractor come under investigation for allegations of fraud or a criminal offense in connection with obtaining, or performing: a public (federal, state or local government) transaction; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. *"Principals" for the purposes of this certification means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g. general manager; plant manager; head of a subsidiary, division, or business segment and similar positions). Directions for On Line Access to Excluded Providers I To ensure compliance with this regulation, identification of excluded entities and individuals can be found on the Office of Inspector General (OIG) website at httpV/oig_hhs.gov/fraud/exclusions/listofecxluded htmi. Page 19 of 22 Contract Documents for City of Eagan Fiber Cabling Project, Dakota County, MN Project Specifications It is City of Eagan's intent to obtain and own a fiber cable plant connecting the following facilities Eagan City Hall, Community Development Agency (CDA), Eagan Community Center, Maintenance Building, and Fire Station #1 detailed options are stated below. The work must be completed by Oct 1.2008 which includes installation and termination of single mode fiber optic cable within underground conduit to complete this project. See drawing on last page. There are 5 different Segments and 2 Alternates located in the City of Eagan to quote in this projeect. please give an amount for each: Segment # 1 Install optical fiber (72 Strand) within conduit with an additional conduit from the City handhold (B) near Duckwood Drive and Pilot Knob to City Hall at 3830 Pilot Knob Road (segment #1) Segment #2 Install optical fiber cable (12 Strand) within conduit from the Community Development Agency at 1228 Town Centre Drive to a City handhold (B) near Duckwood Drive and Pilot Knob where City conduit is installed (segment #2) Segment #3 Install optical fiber (60 Strand) within conduit from the City conduit handhold (B) to handhold A on Federal Drive (segment #3) Segment #4 Install optical fiber (12 strand) within conduit from the Eagan Community Center at 1501 Central Parkway to the handhold A at Federal Drive (segment #4) Segment #5 Install optical fiber (60 Strand) within conduit from Eagan Maintenance Center at 3501 Coachman Point to handhold A at Federal Drive (segment #5) Alternate #1 Install optical fiber (12 Strand) within conduit from Fire Station #1 at 3940 Rahn Road to the McLeod handhold near Silver Bell Road (Segment #6) if constructed Alternate #2 Alternate bid for Segment #1 to increase 72 strands of fiber to 144 strands of fiber. Communication Vaults a. The vaults shall be a standard item of the supplier having a minimum of 5 years of manufacturing history in order to demonstrate acceptable field performance. The vaults shall be designed for use in areas with pedestrian traffic and roadway slopes with occasional vehicle traffic. Single Mode Fiber Specification (SMFO) a. The single-mode fiber shall meet EIA/TIA-492CAAA, "Detail Specification for Class 1Va Dispersion- unshifted Single-Mode Optical Fibers," and ITU-T G.652, "Characteristics of Single-mode Optical Fiber Cable." b. Fiber shall have a mode field diameter of 9.20 + 0.40 mm at 1310 rim and 10.40 + 0.80 nun at 1550 nm. Fiber core-clad concentricity shall be:5 0.5 pm. Fiber cladding diameter shall be 125.0 + 0.7 mm. Fiber cladding non-circularity shall be 1%. Fiber coating diameter shall be 245 + 5 mm. C. The attenuation specification shall be a maximum value for each cabled fiber at 23 + 5oC on the original shipping reel. The cabled fiber attenuation shall be< 0.4 dB/km at 1310 nm and 0.3 dB/lan at 1550 nm. The attenuation at the water peak (1383 nm) shall not exceed 2.1 dB/km. Page 20 of 22 Contract Documents for City of Eagan Fibrer Cabling Project, Dakota County, MN I d. The attenuation due to 100 turns of fiber around a 50 + 2 mm diameter mandrel shall not exceed 0.05 dB at 1310 nm and 0.10 dB at 1550 nm. There shall be no point discontinuities greater than 0.10 dB at either 1310 nm or 1550 nm. e. The maximum dispersion shall be :S 3.2 ps/(nm-km) from 1285 nm to 1330 nm and shall be < 18 ps/(nm•km) at 1550 nm. The cabled fiber shall support laser-based Gigabit Ethernet (GbE) operation according to the 100OBase-LX (1310 nm) specifications up to 5000 meters, in accordance with the GbE standard. f. The cabled fiber shall support 10 Gigabit Ethernet (IOGbE) operation according to the l OGBASE-LX4 (1300 nm region), 10Gbase-L (1310 nm) and 10Gbase-E (1550 nm) specifications for distances of 10 km, 10 km and 40 km, respectively. g. Cable shall be all-dielectric, stranded loose tube design with water blocking technology for outdoor duct and aerial installations. Standard single mode fiber is specified. Extended range fiber is not required but can be supplied. h. Each fiber shall be distinguishable by means of color coding in accordance with TIA/EIA-598B, "Optical Fiber Cable Color Coding." The fibers shall be colored with ultraviolet (UV) curable inks. L Buffer tubes shall utilize a water-swellable yam and be manufactured to a standard size regardless of fiber count, to reduce the number of required installation and termination tools. Buffer tubes containing fibers shall be color coded with distinct and recognizable colors in accordance with TIA/EIA-598B. Buffer tube colored stripes shall be inlaid in the tube by means of co extrusion when required. The nominal stripe width shall be 1 mm. j. Buffer tubes shall be stranded around the dielectric central member using the reverse oscillation stranding process. L Two polyester yarn binders shall be applied contra helically with sufficient tension to secure each buffer tube layer to the dielectric central member without crushing the buffer tubes. 1. Inner binders shall be non hygroscopic, non wicking and dielectric with low shrinkage. Water swellable yarn(s) shall be applied longitudinally along the central member during stranding. Cable shall be comprised of water-swellable yarns and/or tapes, dielectric strength members (as required), ripcord(s) and an MDPE jacket containing carbon black to provide ultraviolet light protection while inhibiting the growth of fungus. in. Cable jacket shall be marked with the manufacturer's name, month and year of manufacture, sequential meter or foot markings, a telecommunication handset symbol as required by Section 350G ofthe National Electrical Safety Code (NESC), fiber count and fiber type. n. The actual length of the cable shall be embossed on the cable sheath, in white letters. o. Cable shall have a storage temperature range of -40° to 70°C, an installation temperature range of -30° to 70°C, and an operating temperature range of -40° to 70°C. P. Cable shall have a short-term tensile rating of 2700 N. No fiber strain shall occur over the service life of the cable when subjected to a maximum, long-term tensile rating of 890 N. Cable shall be listed with Rural Utilities Service (RUS) 7 CFR 1755.900 and be fully compliant with ICEA-640. Page 21 of 22 Contract Documents for City of Eagan Fiber Caring Project, Dakota County, MN q- Manufacturer shall be ISO 9001 and TL 9000 registered. Cable manufacturer shall have a minimum of 10 years in manufacturing optical fiber cable in order to demonstrate reliable field performance. r. The Fiber Optical Connector shall be SC-UPC-type. A not-to-scale drawing is provided below of the above stated locations. r t t i W tit_ _ i - - ~ t z-°ed ! 1 Y,_!tI ='Y'^J ~ ? ~ s .3a ~ F ~ .ri P l y z oz_ _ F 'f 6f'~'rj f,~ 5a~._,+'"°, y n af.~ i~ !~f { -~dJj a-*.i 'oe r~., r, ~Y k, KyJ~, J `-f ~~P Y rt,.;.r..y,p,.,.~:. ~ i i f _ ° d ' '."~C~~ ~s;'' 1 r r l:~~Y'. ~"1~ i. C~v 1~'Se ! .r r 4 ~k.~t-'~~~ tY.'i"- ~ ~-z--~~~--' ~ !~'f~ Q>d 3 3F tt ~krrl :s-,~~, ?~•~i+ t' ~.s~ 1 °~s~ .y_ ~ ~'Aa ii:, S `...i' AI r• die ~ 1 ~ d- t' ~ `?"~r~ r" 7",,P~'~t~rM 1> ~ y, Y ~ ~ ~ '-r t.~ + ~Si t k ~.re 1 ~ i~ ~ it FI t i,~' ~ t ,k . r~ u} s t~+ 1~ 4f jj f ''fit t v C ! F r 4_1~'~#'~y Q,}:t'15 l~ .J71 T'+t,~ J ; ~ S z1 tI i tip' ff t-x r rf J Ii w-..,.-i L t r c _ -r 71 t _a~t' +.h fS F:J ~ ~ t1'S"'iL, ~Y~r~ ~cF<~tt >g; tt' = t ~ki ~i~k ! d f- "suf.- T i 1Tfi Jr i_ + i xi t~ +Q ` r Page 22 of 22 Contract Documents for City of Eagan Fiber Caging Project, Dakota County, MN Agenda Information Memo Eagan City Council Meeting Consent Agenda July 15, 2008 1. APPROVE CHANGE ORDER #1 FOR THE CIVIC ARENA WEST MEZZANINE CONSTRUCTION ACTION TO BE CONSIDERED: To approve Change Order #1 for the Civic Arena West Mezzanine Project. FACTS: • The Civic Arena mezzanine project has been approved for construction. A change order is being processed at this time for consideration by the City Council. Information regarding the Change Order will be distributed with the Supplemental Information memo on Monday. ATTACHMENTS: • None i Agenda Information Memo July 15, 2008 Eagan City Council Meeting J. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to accessory structures. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Community Development staff have been working to better address accessory structures so implementation by residents and staff is more clear and user-friendly. i i ➢ Application of current standards on newer construction has presented problems and existing standards have resulted in some internal and external confusion. This amendment is intended to update the standards and make them more universally applicable to new construction and expansions or remodeling of existing structures/uses. ➢ As an amendment to Chapter 11, a Public Hearing before the APC will be necessary before this item returns to the City Council. ATTACHMENTS: None I Agenda Information Memo Eagan City Council Meeting Consent Agenda July 15, 2008 K. AUTHORIZE PREPARATION OF RESOLUTION TO ALLOW TEMPORARY DEFERMENT FOR MVTA TO COMPLY WITH NOISE ATTENUATION STANDARDS FOR CEDAR GROVE TRANSIT STATION ACTION TO BE CONSIDERED: To authorize the preparation of a resolution to allow a temporary (5 year) deferment for MVTA to comply with the MPCA noise attenuation standards for the Cedar Grove Transit Station. FACTS: • The City of Eagan has been working cooperatively with the Minnesota Valley Transit Authority (MVTA), Dakota County, MnDOT and the Metropolitan Council to implement the first phases of the Cedar Grove Transit Station through funding from the Urban Partnership Agreement (UPA) and the State of Minnesota. The project is part of Dakota County's joint Cedar Avenue Transit Corridor and Cedar Bus Rapid Transit (BRT) plans. The City has identified the location for the station in its plans for the Cedar Grove Redevelopment District and the Council has previously approved concept plans for the station. . • MVTA has implemented the conceptual and preliminary design phases for the project and it recently selected TKDA to be the project manager and engineer for construction of the station between now and September 2009. • One of the elements of the planning for the project involved the completion of a noise study for the project and one of the elements of the study was the identification of potential noise impacts to residential neighbors of the project resulting from the removal of a portion of the berm between the Cedar Avenue freeway and the residential area near the north end of Nicols Road. • While the berm may or may not have been constructed for noise attenuation purposes, the removal of a portion of the berm requires the project to address noise attenuation by those who may be affected by the change. • MPCA rules provide for the host community to consider a deferment of the implementation of noise attenuation measures. If no other construction were anticipated for the project other than the surface lot and transit station facility, it would be necessary to install a noise wall or other features to recreate the noise attenuation currently resulting from the presence of the berm. • MVTA and its project planners have concluded that the future construction of the parking ramp will result in a structure that is expected to be as tall or taller than the current berm and that it would be more cost effective to incorporate noise attenuation features into the structure or to construct the noise wall as an integral part of the structure. While the structured portions of the parking area will be dependent on future funding, it is conceivable that additional parking levels will be added to the site within the next five years. • MVTA has submitted a letter asking that the City consider the approval of a resolution that would provide for a five year deferment of the noise attenuation requirement, to permit them time to do the integrated parking and noise attenuation structure. If the integrated structure is not completed by that time, the resolution would provide for MVTA to install the noise wall. • If the Council authorizes the preparation of this resolution, staff would propose that MVTA hold a neighborhood information meeting to advise the affected property owners of the short and long term implications prior to the resolution being returned to the Council for formal action. O LQ ATTACHMENTS: • Area maps on page • MVTA letter on pages through i ~I II I I 0 o , V ~ Si - _ Iver-Betl;Rd= o ~ 0 Cedar-Grove°RetlevWopment,Area v ~ 1 <4' ZZ Subject Site : ~eaa` i~~ o ~ 0 325 650 1,300 City of Eap Feet Cedar Grove Redevelopment Area MVTA Cedar Grove Transit Station -~4 - JUL 0 3 2008 Minnesota Valley Transit Authority ( BY I July 1, 2008 Mr. Jon Hohenstein Director of Community Development City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 i Re: TKDA Project No. 13621.000 Dear Mr. Hohenstein: Minnesota Valley Transit Authority (MVTA) has been awarded Federal UPA funding to construct and begin transit operation from several new Bus Rapid Transit (BRT) Stations and park and rides along Cedar Avenue (Hwy 77) in Dakota County. One station will be located in the Cedar Grove neighborhood of the City of Eagan, on what is currently Mn/DOT right of way. For the first phase of the Cedar Grove Park & Ride, MVTA has to partially remove an earthen berm to make room for the proposed BRT facility. This action will remove an obstacle that is blocking some of the noise from traffic on nearby Highway 77. This removal is predicted, based on a noise study performed by HDR, to increase noise levels at nearby residential parcels by 2 to 5 decibels (dBA). When the berm is modified, and the BRT is in operation, overall noise levels are not anticipated to comply with MPCA noise standards. Most of the non-compliance would be due to traffic noise from Cedar Ave. coming through the partially removed berm, and not due to noise from. traffic associated with the proposed transit facility. The Federal Transit Administration (FTA), an agency that is partially funding the project, has noise and vibration impact assessment methods and impact thresholds. Analysis results show that the project does not exceed FTA noise impact thresholds. Therefore, MVTA only has to address non-compliance with MPCA noise standards. To comply with MPCA noise standards, MVTA could install a noise wall or berm between Highway 77 and the BRT facility. Noise analysis results indicate that a noise wall could be constructed at this location in a manner to reduce traffic noise to levels that existed prior to modifying the berm. The aesthetics of a noise wall may not be in alignment with the design intent of the image for the City of Eagan. However, MVTA intends to construct a parking ramp on-site in the future, and believes the parking ramp can be designed and constructed in a way that would block noise from traffic on Highway 77 similar to the way the berm blocked highway 100 East Highway 13 Burnsville, Minnesota 55337 www.mvta.com MVTA office 952-882-7500 fax 952-882-7600 Page 2 traffic noise. In this manner, the parking ramp will provide some of the noise reduction benefits that the existing berm currently provides. MVTA is willing to authorize an acoustical analysis of the proposed parking ramp, to assess the acoustical shielding properties of the proposed future structure. The ramp would likely be constructed in approximately five years. This results in a need to address the predicted non- compliance with MPCA noise standards - a situation that could last a few years. Construction activities associated with the park and ride facility may start this fall. Shortly thereafter, winter will descend upon Minnesota, and outdoor noise levels will be less intrusive because residents will have their windows closed during the cold season. i Therefore, MVTA requests the City of Eagan City Council to adopt a resolution that allows MVTA to defer compliance with MPCA noise standards for a maximum period of five years after the start of the construction season in spring 2009. The deferment of a noise wall for the City to review intent and design guidelines may be an opportunity the City of Eagan would like to take rather than introduce a rushed, aesthetically-challenging element that may not fit into the context of the planned adjacent transit-oriented development. The resolution could require MVTA to either construct a parking ramp that provides comparable noise reduction as the existing earthen berm, or construct a noise wall that provides comparable noise reduction as the existing earthen berm. Construction of either the parking structure or, noise wall would commence by spring 2014. We would like to thank the City of Eagan for consideration of the noise wall deferment, and we look forward to working together on this project. in ely, , Beverley Miller Executive Director, MVTA I cc: Theresa M. Olsen, AIA, CSI, LEED AP Project Manager, Project Architect, TKDA i ~I i i ~v i Agenda Information Memo July 15, 2008 Eagan City Council Meeting L. APPROVAL OF CONTRACT BETWEEN THE CITY OF EAGAN AND SERVICEMASTER ACTION TO BE CONSIDERED: I I Approve a contract for Servicemaster to continue the janitorial service for the Municipal Building, Police Facility, Fire Administration Building, Maintenance Facility and the North Treatment Plant. The Government Buildings division went out for a Request for Proposal in May of 2008. Six vendors submitted proposals for the janitorial contract. Servicemaster was the lowest bidder with a total contract of $352,250 for the three years with an option for a fourth year. FACTS: • Servicemaster has been the vendor used by the City for the past 5 years. • The new Servicemaster contract came in $1,000 less per year than previous years. • The new contract states the total hours that each building will be cleaned each night by Servicemaster staff. • Servicemaster staff has been fingerprinted and received background checks. ATTACHMENTS: A copy of the contract with Servicemaster on pages qA- through I i JANITORIAL SERVICES FOR: Eagan Municipal Center, 3830 Pilot Knob Road; Eagan Police Facility, 3830 Pilot Knob; Eagan Fire Administration Building, 3795 Pilot Knob Road Eagan Maintenance Facility, 3501 Coachman Point; Eagan North Treatment Plant 3419 Coachman Point; 1. Municipal Building per month x 3 6~ 2. Police Facility $ ` per month x 36 = l~ 3 1. 3. Fire Administration $ per month x 36 = C 4. Maintenance Facility $ o per month x 36 5. North Treatment Plant $er month x 36 = ~~~~i 5 -D6 Ar 12 month total for all buildings = $ TOTAL $ ~ 2 C-44 7a per month x 36 The above total must include sales tax. I I'I I~ a -2- It is understood that the proposer must submit on all items listed above. Any bid which does not contain a price for all bid items will be rejected in its entirety. The undersigned has completed the accompanying "AFFIDAVIT OF NON-COLLUSION" and has submitted same as a part of this proposal. It is understood that bids may not be withdrawn for a period of sixty (60) days after the date and time set for the opening of the bids. In submitting the quote it is understood that the City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and to award the contract to the best interests of the City. Respectfully submitted, 8 V) ~1 M & Y,~ f, Name of Proposer 0 oratio (A Partnership) (An Individual) BY Z Titl ° Business Addre%/ I ~K7 (9 S ~y <2=;~"/ 30(~, ✓ ) Telephone Number Items to be included with bid: * Affidavit of Non Collusion * Two References * Copy of Certificate of Insurance ~ -3- 10 AFFIDAVIT OF NON-COLLUSION STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) I hereby swear (or affirm) under the penalty of perjury: I. That I am the proposer (if the proposer is an individual), a partner in the proposer (if the proposer is a partnership) or an officer or employee of the proposer corporation having authority to sign on its behalf (if the proposer is a corporation): 2. That the attached bid or bids have been arrived at by the proposer individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition: 3. That the contents of the bid or bids have not been communicated by the proposer or its employees or agents to any person not an employee or agent of the proposer or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person, prior to any official opening of the bid or bids; and 4. That I have informed mysel r garding the accuracy of the statements made in this affidavit. Subscribed and sworn before me vi. C) / / Proposer this day 2008. (Firm making bid or bids) Official Title BRIAN L. SOLEM NOTARY PUBLIC MINNESOTA *my Commission Expires Jan. 31, 2010 E(l C~L~ -4- Ili CERTIFICATE OF ACKNOWLEDGEMENT (For use where contractor is a corporation) STATE OF MINNESOTA ) SS. COUNTY OF DAKOTA I On this I day of 2008, before me personally appeared and Eyy ~l/L, to me personally known, who, being by me duly sworn, did say that they are respectively, the that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that the instrument was executed in behalf of the corporation by authority of its Board of Directors, and said ~s J" ` / U S~~61i1d ' and t j tEiyug L-- C CA--tlAl ac owledged the instrument to be the free act and deed of said o oration. Notary Public i (Notar BRIAN L. SOLEM NOTARY PUBLIC MINNESOTA MY Commission Expires Jan. 31, 2010 Full Name of Surety Company Home Office Address Name of Attorney-in-Fact Name of Local Agency Address of Local Agency Name of Agent Affixing Countersignature c, Address Memorandum: Affix here Power of Attorney and Acknowledgement of Corporate Surety. OP ID BH DATE (MMIDD/YWY} ACORD CERTIFICATE OF LIABILITY INSURANCE MPIA.1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Stanley McDonald Agency IL Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2018 State Road P. O. Box 1446 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. La Crosse WI 54602-1446 Phone: 608-788-6160 Fax: 608-788-7012 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Tudor Insurance Company James P. & Jeanette C. McCann INSURER B: Travelers Property casualty dba ServiceMaster Premiere Cleanin INSURER C: American Snternational Group 1870 50th Street Suite 3 INSURER D: Inver Grove Heights MN 55077 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FC POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY DATE (M EM/FEDDITIVE DATE (MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIALGENERAL LIABILITY PGL 771559 06/28/08 06/28/09 PREMIsES(Eaoccurence) $ 300000 CLAIMS MADE Fx_1OCCUR MED EXP (Any one person) $ 5000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $2000000 POLICY PE LOC & F-1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ j EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 C OCCUR ❑ CLAIMSMADE EBU 0848106-01 06/28/08 06/28/09 AGGREGATE $ 1000000 DEDUCTIBLE $ x RETENTION $ 10000 $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE - OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER B Property Section 8220B135-01 06/28/08 06/28/09 $57000 B Employ. Dishonesty 8220B135-01 06/28/08 06/28/09 $25000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION z=o O1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUT ZFD ~WT}YE~ 0 ACORD 25 (2001/08) ~j J~ © ACORD CORPORATION 1988 (MMlDDM/YY) ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE IMWDD 8 PRODUCER (651)457-3070 FAX. (651)457-3324 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Minnesota Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 60 Marie Ave East Suite 209 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I West St. Paul MN 55118-5932 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Accident Fund Premiere Cleaning Services Inc INSURER B. 1870 50th St E INSURERC INSURER D: Inver Grove Heights MN 55077 INSURER E: ERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES kTE LIMITS SHOWN MAY HAVE BEE 4 REDUCED BY IDCLAIMS INSR AOOt TYPE OF INSURANCE POLICY NUMBER DTEYMFFECTIVE POLICY MAMDD M LIMITS 5 GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S CLAIMS MADE D OCCUR M P (Any person) S PERSONAL & ADV INJURY $ AGGREGATE GENERAL S GENT. AGGREGATE LIMIT APPLIES PER: PRODUCTS - P S M POLICY PRO AUTOMOBILE LIABILITY COMBINED SINGLE LIMB S ANY AUTO (Ea acodent) ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per Posen) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per amdentl PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S R ANY AUTO OTHER THAN FA ACC S AUTO ONLY. S EXCESSIUMBRELLA LIABILITY EACH CCURRFNCC S OCCUR FICLAIMS MADE AGGREGATE S 5 DEDUCTIBLE S RETEt=N S_ A WORKERS COMPENSATION AND STA OTH• EMPLOYERS' IABILI Y ANY PROPRIETORIPARTNERIEXECUTNE El. EACH ACCIDENT S 100000 OFFICERIMEMBEREXCLUDED? WCV 6029960 5/8/2008 5/8/2009 E.L. DISEASE - EAEMPLOYEE S 500000 If SPECIAL desnibe under E. DISEASE-POLIYUMIT S 100000 OTHER DESCRIPTION OF OPERATIONSILOCAPONSWMCLES/EXCLUSIONS ADDED BY ENDORSEMEYTISPECIAL PROVISIONS i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ServiceMaster Clean EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Insurance Coordinator 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT P.O. BOX 751027 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Memphis, TN 38175 INSURE ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Mary Wheaton/MWHEAT ACORD 25 (2001/08) ® ACORD CORPORATION 1988 Page 10(2 INS025 (o,Da>.oaa 97 ServiceMaster Premiere Cleaning Services Estimate of Labor hours City of Eagan 1. Municipal Building 8 Hours per day. 2. Police Facility 6 Hours per day Monday - Friday. 4 Hours per day Saturday and Sunday. II 3. Fire Administration 3 Hours per day. 4. Maintenance Facility 3.5 Hours per day. 5. North Treatment Plant 2 Hours per day. Hourly Wage Scale Housekeepers $9.00 to $10.00 per hour Project Crew (Floors, Carpet) $11.00 to $13.00 per hour CID /0 I REASONS FOR CNOOSINO SERVICENASTER ♦ Locally Owned ♦ Fully Insured ♦ Background Check On All Employees ♦ Uniform Identified Employees ♦ Full Service Cleaning Company including: ✓ Janitorial ✓ Carpet Cleaning ,/Resilient Floor Cleaning ✓ Upholstery ✓ Windows ✓ Pressure Washing ♦ We do not subcontract. All worked performed by trained ServiceMaster Employees. ♦ Regularly Scheduled inspections ♦ Customized Task Schedule ♦ Green Cleaning/LEED Certification .thy. PLAN ACT COMMUNicATE TRACK ServiceMaster Clean is proud to set the standard for quality assurance. Our strength is quality. Our focus is on you. i ~A Utilizing Six Sigma quality improvement processes and listening to the voice of the # customer, we found that 97/o of customers wanted documented inspections and better communication. To ensure our commitment to your needs, we developed a service management system called PACT (Plan, Act, Communicate, and Track). The components of PACT are as follows: PLAN A standardized inspection form makes it easy for a ServiceMaster Clean inspector to check the condition of the facility. Inspections are scheduled in advance so that there is no question about when the "I like the new process of receiving facility will be inspected. the monthly inspection results. This helps me to know the areas ACT that are being checked, the Buildings are inspected on schedule and reported to ServiceMaster Clean management. Management reviews the inspections and acts to findings, and the resolutions. address any issues immediately. Also, this is a convenient way for us to communicate, using the COMMUNICATE comments section. I hope this The inspection results are communicated back to you via the method process will continue." of your choice. Satisfactory items, as well as the items needing attention, are reviewed with our employees so they are aware of the -Laurie Schultz service quality of the building and are a part of making it even better. R&SA Consumer Division TRACK Tracking inspection results shows us the service level in each facility on an ongoing basis to ensure consistent quality. Tracking will also allow us to identify trends and in turn increase the value of ? your service. The PACT System will ensure that your facility is maintained to the - standards that you expect. It is another way that ServiceMaster Clean 4. is working with you to constantly improve service quality. R~Clean ServicemsTEP, © ServiceMaster Clean, 2001 ServiceMASTER Cleano with ServiceMasterCiean, OSE4e GREEN CLEANING: F Y , FORYOUR ENVIROJwMk° WORK VI E T, F YOUR WORLD R O~ In our commitment to doing business the right way and turning ordinary tasks into GREEN FORTM PRODUCTS extraordinary service, ServiceMaster Clean° , I Green ForT products were developed makes it easy to switch to environmentally by ServiceMaster Clean for minimal conscious, green cleaning options. Changing p, environmental impact.** only takes one phone call and doesn't require special contracts. f_ Gentle, yet highly effective = - - Free of ingredients such as Green cleaning isn't just associated with corporate responsibility and perfumes and dyes environmental protection. It's linked to healthier buildings as well as Ideal for people with chemical reduced sick day absences.* With growing interest in environmental and allergic sensitivities welfare, many people are considering healthier, responsible alternatives. Ingredients reduce toxins absorbed into our ecosystem Our experts have developed advanced methods and materials specifically Developed to eliminate for green cleaning. Honoring our pledge of good stewardship, we are smog contributors constantly working to eliminate the use of toxic chemicals, malting healthier Rate of biodegradation is workplaces and minimizing any negative environmental impact. also much faster than that of non-green products And we still deliver the highest level of clean, even with the extra care that green cleaning provides. Green cleaning. Better air quality, healthier workplace. lyeffective cleaning. www,gogreenwithctean.com *Source: Healthy School Environment and Enhanced Educational Performance, The Case of Charles Young ElementarySchool, Washington, D.C., Carpet D Bug Institute, January 2002. **Source: Cleaning Products, Massachusetts Environmentally Preferable Products Procurement Program, October 2005, (http:/lwww.mass.gov/epp/products/cIeaning.htm), 06/23/2006. I®I © 2007 ServiceMaster Clean. All rights reserved. BS-GCS-o3o7 ' I February 28, 2008 Gary Bauer Vice President Business Services ServiceMaster Clean 3839 Forest Hill-Irene Road Memphis, TN 38125 Dear Mr. Bauer: I am pleased to inform you that Green Seal has evaluated the documentation supporting the ServiceMaster Clean Capture and Removal Cleaning System. Green Seal has verified that the Capture and Removal Cleaning System, if implemented according to the system manual and verified by Green Seal, would allow the ServiceMaster Clean franchise to meet all the environmental and performance requirements of the Green Seal Enviromnental Standard for Cleaning Services (GS-42). Upon application to Green Seal the ServiceMaster. Clean franchise would then be eligible to be certified by Green Seal and licensed to use the Green Seal Certification Mark. As previously discussed and agreed, this letter of verification may be shown to ServiceMaster Clean franchises, customers, potential customers, and regulatory officials, but it is not to be construed as a certification by Green Seal, and hence the Green Seal Certification Mark may not be used in promotion or advertising with respect to the Capture and Removal Cleaning System. Individual ServiceMaster Clean franchises that submit an application to Green Seal and have their implementation of the Capture and Removal Cleaning System verified will be issued a license to use the Green Seal Certification Mark in connection with their ServiceMaster Clean franchise and the Capture and Removal Cleaning System. i We look forward to continuing this relationship. Sincerely, Mark T. Petruzzi Vice President of Certification j I~ i i THE 'MARK OF ENVIR NMENTi®r- RESP'ONSSBfL(T ~ni Vf_ Inc. 1C3Q1 ~Oi111~'CLIC~I,,VE~~ ~ `n-i B .,.{+i n S,lllt?v82_ / -Vk1j'a5il'li?QlOiiI ,DC 200 36-5525 Q (2M)3 I L Printed on <<re_'F, 'JFal-reriified- lf)0°ti, fli Sl-cnn;i :"n^f'i,;r~P i II ServiCATUSTEM 'lean DEEMATEED TO MAKING YOUR BUILDING L E RUN ITS BEST SERVICEMASTER CLEAN CARPET CARE Sur c.arf,F_'( is offer he {li& imizession Nvintains yaw c jet's rich you make when someone wals in cGlor and to aure carpet ap i'•lc^. [r rancc- E ure you Wil(ysou best arld Reduces wean -y: c Uy ma _in ize) our carpet invegment M'th in high traffic a rem e .r_°i`.lsam 'Cj_.n" carpet Wanikin', Utilizes the i'tk'J-L ?Yt ti61"om l In IP9Cate Continued care. 44 Cfaend the ff c.ou, out ~ Get he most out u,~raurcarpet. Out, ,__,i r_a.r~,,~_ rnvt ;t,,..n,. aR r~rnsF'ovcontinued.car~ use liio rtrt..:tll,;I« I:.o tsyr ur rf,nov, _tv- proulucts and techniques aiongvvit-h the manufacturers latest cHn ca¢r e s con.;r'Hon instiLoctiCns to extend Ie UN d)four carpet ind keep it bob n clean and, OEM Wss.PW fresh. We heip pr 'ert sfPriTrom i°:0dirt up in the carpet fiber base arld avoid' n - srfr~rfs'-s L i M { - ~ talc drat, Wess look of carpets tE l. are clened tads rr€irE'Cuer ty Roudne cups care Wo prevents 'iat?:ing, spotting and t sdve wean ka1 ing a more consMent and pleasant appearance veraH. I~ I E a a b tte lt:;r kir1r.'.; carpet and avoid the cost of frequent 4ephc_elt ent, At For a (avr n` onthty investment. Nus ouv clear, €nanageabCe fees eliminate Better looking carpet, surpris .s or increased casts frorrt one cleaning, to the ilea. Commercial specialty cleaning. befter looking building, ,At-~ have the e perience and n-io t advanced methods and materWs for better looking bottom line. llc,ik➢ta(1iCEtg;raur' carpet's aMnuarve and your company's i lia ge. Tha#.'s Ay Taus nds of businesses depend on `"erviceAhlaster, Ciean r"ratiof;`,'vide for commercial specialty cleaning creeds. Our commitment to thoroughly un lK t:irld )mw needs alto provide Mrnpte i3iSl&g are just two of the vva s vve make it easy to do business With Lr i G ntad uatc'rdayto create a spe.ciAzed cleanin plvart. '0 2-6 scr~,io e (-Icm idt i gh's rF_ ,Pi ved. 95-r:C""6 REFERENCES At ServiceMaster, we are very proud of out ability to tailor our services to suit any size business. Listed below are some of our local clients, we urge you to contact them. III Client Contact TCF BANK David C. Nelson g 801 Marquette Ave Assistant Vice President Minneapolis, MN 55402 Bank Facilities Manager (612) 661-6938 Praxair Scott Harvey 11499 Courthouse Blvd Facility Manager IGH, MN 55077 (651) 437-9499 ext 233 Tonka Equipment Co. Michelle Foss 13305 Watertower Circle Manager Plymouth, MN 55441 (763) 231-0163 i Agenda Information Memo July 15, 2008 Eagan City Council Meeting i M. DEVELOPMENT AGREEMENT AMENDMENT - EAGAN HILLS ALLIANCE CHURCH ACTION TO BE CONSIDERED: Approve an amendment to the Development Agreement providing for the extension of contract completion dates for Eagan Hills Alliance Church Addition. I FACTS: • Eagan Hills Alliance Church Addition is a 2-lot public facility subdivision located west of Dodd Road and south of Diffley Road in the eastern portion of the city. The approved development agreement provides for the grading, restoration, lot corners, and landscaping of the parking lot expansion for the Eagan Hills Alliance Church on Lot 1 (700 Diffley Road), to be performed privately by the owners under the terms and conditions of the development contract. • Eagan Hills Alliance Church, through their contractor, has requested extension of the completion dates for parking lot improvements identified in the development contract, due to a delay in the church expansion. The request is to extend the completion dates for grading and restoration from June 1, 2008 to June 1, 2009, and lot corners and landscaping from September 1, 2008 to September 1, 2009. • The Public Works Department has reviewed the requested new completion dates and found all terms to be in order for favorable Council action to amend the related Development Agreement accordingly. ATTACHMENTS: • Letter from Church Contractor, page. 651 340 9087 Jun 24 08 01:35p Doug and Susan Brue 651-340-9087 p.1 Doug Brue Construction, Inc. 13371 Coachford Ave Rosemount, MN 55068 DoW Brue Construction, Inc. June 23, 2008 John Gorder Assistant City Engineer Engineering Division Department of Public Works 3830 Pilot Knob Road Eagan, MN 55122 Dear John: This letter is concerning the Development Contract by and between the City of Eagan and Eagan Hills Alliance Church, dated August 21, 2007. The completion dates in the Agreement need to be extended because the entire project was put on hold because Eagan Hills Alliance Church was investigating the purchase of Praise Lutheran Church_ After several weeks of negotiating this purchase, it was unsuccessful. Then the project was once again put on hold because of winter. Over the past several months, Eagan Hills has been developing a plan to add an education wing to the church and constructing the parking lot and addition at the same time. We are about to apply for this permit; therefore engaging both projects at the same time. We would like to extend the Restoration and Soil Stabilization; Site Grading; Subdivision Lot(s) Corner Pins; and Landscaping Plan completion dates by one year. Sincerely, Doug Brue Contractor 612-532-1136 Agenda Information Memo July 15, 2008 Eagan City Council Meeting N. CONTRACT 07-04, BOULDER LAKES STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 3 for Contract 07-04 (Boulder Lakes - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 07-04 provides for the public street & utility improvements to serve the Boulder Lakes Business Park development and the trunk water main improvements along Lone Oak Road (City Project No. 952). • The change order provides for pavement marking removal on Lone Oak Road to remove conflicting pavement markings prior to re-striping. This item was a requirement of the developer and deemed to be most efficiently added to the other restriping work under the City's utility contract. (ADD $550.00). • The cost of the additional work is consistent with bid prices for relevant bid items on other projects within the city or metro area and will be the responsibility of the Boulder Lakes development. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. II i i /07 Agenda Information Memo July 15, 2008 Eagan City Council Meeting 0. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION - CITY PROJECT 04-P (Grand Oak Five) ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 04-P (Grand Oak Five) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. ~I FACTS: • Grand Oak Five is a 4-lot commercial/ industrial development located in the northwest corner of Highway 55 and Highway 149. This development required the installation of public sanitary sewer, water main, storm sewer, and street improvements, along with grading, which were 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. I, i Ion Agenda Information Memo July 15, 2008 Eagan City Council Meeting P. CONTRACT 08-10, PATRICK EAGAN PARK PARKING LOT IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 08-10 (Patrick Eagan Park - Parking Lot Improvements) to Peterson Companies, Inc., for the base bid amount of $117,985 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 08-10 provides for the parking lot and entrance improvements within Patrick Eagan Park near the Art House on Lexington Ave. as provided for in the Patrick Eagan Park Master Plan approved by the City Council on November 21, 2006. • The proposed improvements were phased into the approved Parks Department CIP beginning in 2007. Completion of the final phase is expected by the end of 2009. Funding is from the Park Site Fund. • On June 17, 2008, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 08-10. • At 10:30 a.m. on July 10, formal bids were received for this project. While the low bid received was approximately 18% over the estimated cost, the bid is about 5% below the amount budgeted in the Parks Department CIP. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Peterson Companies, Inc., has been reviewed by the Engineering Division and is in order for favorable Council action. ATTACHMENTS: • Bid Summary, paget) j I III i ~ ~ III PATRICK EAGAN PARK - PARKING LOT IMPROVEMENTS CITY CONTRACT 08-10 CITY PROJECT NO. 2817.6752 BID SUMMARY Bid Date/ Time: 10:30 a.m., Thursday, July 10, 2008 Contractors Total Base Bid 1. Peterson Companies, Inc. $ 117,985 j 2. Barber Construction Company $ 125,959 3. Buck Blacktop, Inc. $ 129,880 4. Northwest Asphalt, Inc. $ 130,408 5. Max Steininger, Inc. $ 132,592 6. Bituminous Roadways, Inc. $ 135,723 7. McNamara Inc. $142,049 Low Base Bid $ 117,985 City Parks Capital Improvement Budget Amount $125,000 Percent Under Estimate -5.6% Engineer's Estimate $ 99,840 Percent Over Estimate +18.2% G:Projects. &Contracts/08-10/Bid Summary Results i i Agenda Information Memo July 15, 2008 Eagan City Council Meeting Q. APPROVE A FUNDING SOURCE O T H 1 IN TON K L GROUP INC. MEETING FACILITATION SERVICES - CARRIAGE HILLS PUBLIC INPUT ACTT TO BE CONSIDERED: To approve the General Fund Park Department as the funding source for the Hoisington Koegler Group Inc. (HKG) Meeting Facilitation Services - Carriage Hills Public Input i FACTS: • The City Council at its regular meeting on July 1, 2008, approved the hiring of HKG Consulting at a cost of $4,500 to assist the City in a public input process associated with the November 4, 2008 referendum on the acquisition of the Carriage Hills property. • The City Council determined that this is not the type of expenditure contemplated to be made from the newly created "Open Space Acquisition Fund." • The Council directed staff to consider options and to make a recommendation of a funding source for formal approval on the Consent Agenda at the regular meeting on July 15, 2008. • Staff considered the Park Site Acquisition and Development Fund, the Community Investment Fund, and various General Fund Departments. • Upon this review, staff is recommending that although not specifically budgeted for in that department, the expenditure is most consistent with activities of the City's Park Department and the expenditure would best be made from that source. ATTACHMENTS: (None) III Consent Agenda Information Memo July 15, 2008 Eagan City Council Meeting I R. Recognition of August 5, 2008 as National Night Out in Eagan ACTION TO BE CONSIDERED: Adopt proclamation recognizing August 5, 2008 as "National Night Out" in Eagan. FACTS: • Tuesday, August 5, 2008, is the 25th annual National Night Out celebration. • The City of Eagan has participated in National Night Out since 1998. • Participation has grown every year in Eagan. This year it is anticipated that up to 150 neighborhoods will take part. • Eagan residents are asked to join 32 million of their fellow citizens across the United States in this celebration of Community, Crime Prevention and strong police/community partnerships. • Strong neighborhoods are essential to public safety and homeland security. • From 5:30 to 9:30 p.m., residents are encouraged to lock their doors, turn on outside lights and spend the evening outside with their neighbors. • Police, Fire and Public Works units will visit neighborhood gatherings which register by July 30th. • Registration can be done by mail, fax or on-line at www.cityofeagan.com. • For questions or more information, please contact the Eagan Police Department Crime Prevention Unit at 651-675-5727. ATTACHMENTS: National Night Out proclamation on page 13 t t a CITY OF EAGAN PROCLAMATION II NATIONAL NIGHT OUT 2008 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide, crime, drug and violence prevention program on August 5, 2008 called "National Night Out"; and WHEREAS, the "25th Annual National Night Out" provides a unique opportunity for Eagan to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, the Eagan Police Department plays a vital role in crime, drug and violence prevention efforts and is supporting "National Night Out 2008" locally; and WHEREAS, it is essential that all citizens of Eagan be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Eagan; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby call upon all citizens of Eagan to join with the City of Eagan and the National Association of Town Watch in supporting "25th Annual National Night Out" on August 5th, 2008. BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim Tuesday, August 5, 2008 as "National Night Out" in the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Deputy Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Peterson, Deputy 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 2008. Maria Peterson, Deputy Clerk ' 1~ Agenda Information Memo July 15, 2008 Eagan City Council Meeting S. CONTRACT 07-05,2007 ROOF REPAIRS ACTION TO BE CONSIDERED: Approve Change Orders #2 & #3 to Contract 07-05 (Re-roofing - South Water Treatment Plant), and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On September 18, 2007 the City Council awarded Contract 07-05 providing for the re-roofing of both the South Water Treatment Plant and Fire Station #5. • During the tear off phase of the main Treatment Plant roof, it was discovered that the underlying insulation was completely saturated and needed to be totally replaced. Change Order #1 covering this unforeseen work was approved by Council action on Dec. 3, 2007. • Change Order #2 (ADD $22,806.32) consists of the following 2 parts: ■ Part 1: During the removal of the damaged insulation, it was discovered that, instead of a uniform level surface, the structural roof consisted of irregular and uneven planking that required extensive layers of additional insulation beyond what was estimated in the first change order as needed to build up an even base to apply the new roof membrane system. ($12,927.60) ■ Part 2: These extra unexpected changes in the original contract scope of work resulted in delays that required continued snow removal to complete the work ($9,878.72) • Change Order #3 (ADD $4,228). During the tear off phase of the Treatment Plant's garage roof, it was discovered that there was extraneous infiltration of water under the roofing material from the adjacent parapet wall for the 2 million gallon Clear Well storage tank (underground reservoir). After extensive investigations, staff was unable to pinpoint the source to a degree that would provide a successful corrective action. This change order will modify the contract re-roofing design and instead, intercept the water and convey it via additional roof drains. • These extra costs, along with the original contract amount, will be financed through the City's Utility Renewal & Replacement fund. I AGENDA MEMO JULY 15, 2008 REGULAR CITY COUNCIL MEETING V. APPOINTMENT TO CITY COUNCIL VACANCY ACTION TO BE CONSIDERED: Appoint a citizen to fill the vacancy on the City Council. FACTS: • At the July 8, 2008 Special City Council meeting, interviews were conducted by the City Council for nine out of ten candidates for the appointment to the councilmember position that is available due to the resignation of Peggy Carlson. • Also at the July 8 Special Council meeting, a resolution was adopted that established a procedure for the appointment to the vacant position. • The appointment process will proceed as follows: 1. A written ballot will be provided listing the applicants and each Councilmember will receive a copy. 2. Each Councilmember shall in writing select up to five (5) of the names appearing on the ballot by placing an (X) next to the name of an applicant whom the Councilmember wishes to remain on the ballot. 3. Director of Administrative Services VanOverbeke will tabulate the ballots. 4. If an applicant has not been selected by three or more of the Councilmembers, his/her name shall be stricken from the ballot by the Director of Administrative Services and shall no longer appear as a name to be considered by the Council. 5. Director VanOverbeke shall submit the revised ballot to the Council and announce the number of names that remain. Each Councilmember shall in writing select the number of names which is one less than the total number appearing on the ballot in the same manner as identified above. 6. The process of selection will continue in the same manner, except that, if after selection by the Council there results a tie between or among all the names appearing on the roster after a selection, the Council, in writing, shall again select until one or more names have been stricken; provided, however, the Council shall not reselect more than three (3) times. If after the third selection there remains a tie, the process shall end. Otherwise, the process shall end when only one name remains. ATTACHMENTS: A copy of the ballot is attached as page . I 1 BALLOT FOR SELECTION OF CITY COUNCIL MEMBER July 15, 2008 Round No. ❑ Edward Asby ❑ Patrick Geagan ❑ Ted Gladhill ❑ Michael Holmdahl ❑ Shawn Hunter ❑ Susan Orandi Johnson ❑ Mark Olson ❑ Brenda Rivera ❑ Kristine Thornburgh ❑ Jane Vanderpoel 'i Name: i i Agenda Information Memo July 15, 2008 Eagan City Council V. PUBLIC HEARINGS A. VARIANCE -FACTORY MOTOR PARTS (1380 CORPORATE CENTER CURVE) ACTION TO BE CONSIDERED: To approve (or direct preparation of findings for denial) a Variance of 39 feet to the 60-foot building setback requirement from Pilot Knob for Lot 2, Block 2, Eagandale Office Park 2nd Addition, 1380 Corporate Center Curve. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The subject site is located within the Eagandale Office Park Planned Development and construction of the exiting office building was approved in 1985 as its first phase. The Planned Development Agreement required a minimum 60-foot building setback from Pilot Knob Road. ➢ An 11-foot high, 20'x 36' masonry/brick enclosure is partially constructed within the required setback area,. approximately 21 feet from the Pilot Knob Road property line. A building permit was inadvertently approved for the enclosure through the building permit process and the applicant was informed that City Council approval would be needed to complete construction. ➢ The applicant intends to side the enclosure with a brick exterior material compatible to the existing office building. The structure will be built into the existing berm to help minimize and conceal the structure from Pilot Knob. Additional landscaping will be added to minimize visual impact of the structure. ➢ The intent of the structure is to enclose a generator that will be used as a power backup for Factory Motor Parts data servers. 60-DAY AGENCY ACTION DEADLINE: August 30, 2008 ATTACHMENTS: Low M m fl Staff Report, pages through I I1-7 I Eagan Boundary Right-of-way Location Map Parcel Area n Park Area Building Footprint v \ INTERSTATE HWY. NO. 484 10 Subject Site - eaero..n corree cam, ..eiw i.. --M1wiz:~. n cones Queue ~ eeYeVleI4Ye i ~ ~ ~ O ® 4 ~ ~ m ® 8 ® c~ en m ~ as ~ ~ ® ~ ~ ® I \ e f s 6 I ® se ® e - el 4, 1 0,0 1.0 a C.SJLH. NO.SS (LONE OAK ROAD) e ® la ® ® 1k ® - f a AT ~ ea ® ~ ® a3 Cmaa~ ~el~ m atP ~ a1000 0 1000 2000 Feet Development/Developer. Factory Motor Parts (1380 Corporate Center Curve) Application: Variance Case No.: 03-VA-11-07-08 N City of Eajan THIS MAP I INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. i i PLANNING REPORT CITY OF EAGAN REPORT DATE: July 8, 2008 CASE: 03-VA-11-07-08 APPLICANT: Curve Properties, LLC HEARING DATE: July 15, 2008 PROPERTY OWNER: Jeffrey S Soutar APPLICATION DATE: July 1, 2008 REQUEST: Variance PREPARED BY: Erik Slettedahl i LOCATION: 1380 Corporate Center Curve COMPREHENSIVE PLAN: BP-Business Park ZONING: PD-Planned Development I SUMMARY OF REQUEST The applicant is requesting approval of a Variance of 39 feet to the 60-foot building setback requirement for a masonry enclosure/generator approximately for Lot 2, Block 2, Eagandale Office Park 2"d Addition, 1380 Corporate Center Curve. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. i Planning Report -Variance 1380 Corporate Center Curve July 15, 2008 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code requires a minimum 50-foot building setback from Pilot Knob Road right-of-way. The subject property is located within the Eagandale Office Park Planned Development that required a 60-foot setback from Pilot Knob Road and a 110-foot setback from Avalon Ave. The Planned Development agreement requires City Council approval for all deviations of setback requirements. BACKGROUND/HISTORY The subject site is located within the Eagandale Office Park Planned Development and construction of the exiting office building was approved in 1985 as the first phase of the Planned Development. Extensive berming and landscaping was required and constructed along Pilot Knob Road and Avalon Ave with the initial development of the subject property. In 2007, inquires were made to City Planning Staff regarding the placement of a generator near the existing cooling tower enclosure along the Pilot Knob side of the existing facility. Staff required a permanent enclosure matching the existing building's exterior. When a building permit came in for the enclosure in 2008, staff inadvertently approved a building permit for the structure within the required setback area. After a footing inspection discovered the error, the applicant was informed that City Council approval would be required to allow this encroachment. EXISTING CONDITIONS The existing 71,000 square foot, 3-story office building is setback 70 feet from Pilot Knob Road, and a cooling tower and screen wall structure was allowed to be built at 46 feet from Pilot Knob Road. Mature trees screen a significant portion of the exiting building from all public rights-of- way. An 11-foot high, 20'x 36' masonry/brick enclosure is partially constructed within the required setback area at approximately 21 feet from the Pilot Knob Road property line. The intent of the structure is to enclose a future generator. iad i Planning Report -Variance 1380 Corporate Center Curve July 15, 2008 Page 3 EVALUATION OF REQUEST The applicant is requesting a Variance to complete the masonry and brick screen structure approximately 21 feet from the Pilot Knob Road right-of-way that will eventual house a back-up generator system used by the occupying tenant Factory Motor Parts. The masonry enclosure will be sided with a brick exterior material compatible to the existing office building. The structure will be built into the existing berming to help minimize and conceal the structure from Pilot Knob. Approximately twelve 10-foot Colorado Spruce trees will be also be added to screen and soften the structure from the public right-of-way. Extensive existing berming and mature landscaping along the southern property line significantly screen the existing building and structure from the residential area to the south. The generator will be used as a back up power system for the Factory Motor Parts data center operation that will eventually maintain critical operational/sales data at this location for all of its 60 locations nationwide. The Generator will typically only run when needed during a power outage situation. The generator is located within a sound attenuating enclosure and has a rating of 75 decibels at 25 feet. Due to the existing traffic noise on Pilot Knob Road, airport noise, and the infrequency of its expected use, it is anticipated that the generator will have no noise impact on the surrounding area. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the proposed location of the generator was chosen for several reasons. The applicant wanted to adhere to building occupancy requirements and not take up parking spaces at the front of the building. A location along Avalon Avenue could impact the residential area to the south and the applicant did not want to impose additional impacts to that area. Originally, an area next to the existing cooling tower was looked at but due to a 10,000 gallon underground storage tank and all major utilities coming into the building at this location, the applicant believes this was not a practical alternative. The applicant believes the site they chose will allow the generator to be screened from all four sides and be built into the berm to conceal the height and deaden any noise impacts. The applicant states that the design of the enclosure will make the structure look as though its already part of the building. SUMMARY/CONCLUSION The applicant is requesting a Variance to allow a completion of a masonry enclosure and generator approximately 21 feet from the Pilot Knob Road right-of-way. The masonry enclosure, currently under construction, was inadvertently approved through the building permit process and the applicant was informed that City Council approval would be needed to complete construction. Due to adherence to architectural standards and screening, it appears the location of the structure will have minimal impact to the surrounding area. ~a Planning Report -Variance 1380 Corporate Center Curve July 15, 2008 Page 4 ACTION TO BE CONSIDERED To approve a Variance of 39 feet to the 60-foot building setback requirement from Pilot Knob for Lot 2, Block 2, Eagandale Office Park 2"d Addition, 1380 Corporate Center Curve, subject to the conditions listed below: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. Final construction shall adhere to the site and elevation plans dated July 1, 2008. 3. Landscaping, as shown on the Landscaping Plan dated July 1, 2008 shall be installed not later than November 1, 2008. I I i CURW-`-` City of Eagan 3 Pilot Kniob Raod Eagan, MN 55122 6-30-08 It has come to our understanding that the generator pad enclosure at Factory Motor Parts located at 1380 Corporate Center Curve falls within the easement allowance. We were made aware of this after we obtained our building permit and we were in the process of obtaining a footing inspection from the building inspector. Upon the process of deciding the location for generator, we chose a site on the property that would be aesthetically pleasing, economically relevant to the project, provide proper screening, and meet the Cities needs as requested in the permit process. Because of the building occupancy requirements, we were unable to place the generator structure in the parking lot without taking up additional parking spaces. We passed on the option of placing the generator structure along Avalon Avenue because of our concern for the residential housing across the street, and we didn't want to impose any additional noise to the residential community. Further, we looked at placing the generator next to the existing cooling tower by the loading dock, but with all the major utilities coming into the building at this location and we ran into a maintenance concern if repair were ever needed. The site we did choose allows the generator to be screened from vegetation on all four sides, and we lowered the generator into the berm to conceal the height and deaden the noise. To further snake the generator blend into the building, we have designed a masonry structure enclosure that would match the existing building to make the structure look as though it was already part of the building. Curve Properties, LLC 1380 Corporate Center Curve, Ste 200 Eagan, MN 55121 RECEIVED JUL 0 1 200 Eagan Boundary Location Right-of-way Map 0 Parcel Area Park Area j Building Footprint I I I RJURSTATE NWY. NO.494 i 1 I ~ r r Subject Site / - - - r couo..rE cENree opryE e~o~w iwoua.AU~ now ` c ♦eeexrm come _ IN, YENNE Z" ~ ' G7 ©o - d to P u p n a v-© Q p © _ 11 ~N ©ewmE © N1 pp Q ~ p ~ p J~; . P9`'a f ~ Q m o d ~ 63 L boa a Lo ° n n z B.I.OEVIEW'AYE U / / J1 u ~ D f? 0 4 = o' E WINE DR ~ _ / .ram C,d 6 N.IN1£A 4NE Q P t 5 p ca fl fl p oo © o p °(3 L C:$.A.H: NO.26 (LONE OAK ROAD) 0 © © J - 1 0 Q i~ r o pp ®4© ~ m © d ~ a ~ 1000 0 1000 2000 Feet i i Development/Developer. Factory Motor Parts (1380 Corporate Center Curve) Application: Variance Case No.: 03-VA-11-07-08 I ia, N City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. ZZ ;v 7 J f r,: f t6y W low rJ: 'IN it irr h~E. U l" a J F(,~ 3r W >7~ } 8 N Z i3= r F- 'ES zy U) Jm m 0c ww" €B x `w Q U' a ~C~ ~oo~d 0 u~ W x a R Z ~ & I LLOcl OV W d ~?i 3~ yg a~ CO 0 \ c a \ / I' a o + 5 I 9 _ I I IJ; 8 F Q _ uj cr- eo~~ov, ~ g = = _ I - h - E° 1 n - -1` - 1 ~ ----fir _ y - - - G o z z fl N w ZO ~ € o $ 0 } Z U Q r y '"gy m€ p a Q w ? F- cf @ O ayr-{ s o U ° a C~JO~ o~~ ~00w C H ~ a LL~U m J O ~Vw a O .g as U S e ` ~ j - 1 a '~l i s w Z IN- i a Q ~ ~8 I a g N J c § O a 3vm ? i - a W> 3 # Q ? F-Et o~z ~ZO~ $4 5a W C O Oo u a w $f a si LLOU w It ZO at ~a o I U 5t S° q I I ~ 3 ~m2 I Lij I € 9 I r i _ _ gaga - F _ s L.° I II I I to I fr I ~Im U 1 I Agenda Information Memo July 15, Eagan City Council Meeting B. VARIANCE - 4655 NICOLS ROAD (SHIMELFARB, INC.) ACTIONS TO BE CONSIDERED: To approve (or direct findings for Denial of ) a Variance to allow a detached trash enclosure for property at 4655 Nicols Road, legally described as Lot 3, Block 1, Cedarview Addition, located in the NW 1/4 of Section 31. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property is located west of Nicols Road and south of Cliff Road. ➢ The zoning is zoned LB, Limited Business and contains a two-story office building which was constructed in 1980. ➢ The office building has windows all around on the lower level, presenting practical difficulties to attaching the trash enclosure. ➢ The proposed detached location is in the northwest corner of the existing parking lot and is situated for convenient access from the building and for trash pick-up. ➢ The trash enclosure should be reoriented to open to the south. ➢ City Code does require that trash enclosures be attached to the principal building in commercial zoning districts, however, there are some instances where detached trash enclosures have been approved. ➢ City Code requires a minimum 50' structure setback from a state highway; the proposed trash enclosure is set back approximately 13'. ➢ Aside from being detached, the proposed enclosure meets other design standards set forth in the City Code. l i ISSUES: ➢ None 60 DAY AGENCY ACTION DEADLINE: August 22, 2008 ATTACHMENTS (2): Location Map, page) Planning Report on pages through Eagan Boundary Right-of-way Parcel Area Location Map 0 Park Area Building Footprint a u ~ s P ` w $ P C - • curry ti 9 ~ ~ ~ No ® • S4 © 0 g pay en. EI € n ~r Subject Site ' ~ ~ III EI T~J T ~ u tir%v'l w W Ml1t • ' - Sp w. oYC O. ! 6 v ® viw,..~.~nun ® PP B®® m ® ® ~g®® g MID ado be 0 ' 3 ® @o• G g t Alp 3! L 1000 0 1000 2000 Feet Development/Developer. 4655 Nicols Road Application: Variance Case No.: 31-VA-12-06-08 N inyplqq g _ qty of HQp THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 3 Community Development Department not responsible for errors or omissions. i PLANNING REPORT CITY OF EAGAN REPORT DATE: July 10, 2008 CASE: 31-VA-12-06-08 APPLICANT: Shimelfarb Management HEARING DATE: July 15, 2008 PROPERTY OWNER: Shimelfarb Management APPLICATION DATE: June 23, 2008 REQUEST: Variance PREPARED BY: Pam Dudziak LOCATION: 4655 Nicols Road COMPREHENSIVE PLAN: SA - O/S, Special Area - Office/Service ZONING: LB, Limited Business SUMMARY OF REQUEST Shimelfarb Management, Inc. is requesting approval of a Variance to allow a detached trash enclosure upon property at 4655 Nicols Road, legally described as Lot 3, Block 1, Cedarview Addition, located in the NW '/a of Section 31. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. ~3] Planning Report - Shimelfarb Management, Inc. July 15, 2008 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11.70, Subdivision D-7 of the City Code requires trash enclosures to be attached to the principal building within LB, Limited Business, zoning district, and that the enclosure satisfy principal structure setbacks for the applicable zoning district. The enclosure must have an impermeable floor surface, be at least 6' and not more than 10' in height, and be constructed of materials to match the principal structure. Gates or doors to the enclosure must be at least 90% opaque, and the enclosure must be large enough to contain all trash and recyclable materials containers. Trash enclosures must satisfy principal structure setbacks for the applicable zoning districts. BACKGROUND/HISTORY The existing two-story office building was constructed in 1980 and the property was subdivided and platted in 1981. This building is the southernmost of three similar office buildings constructed at the same time. The property abuts Hwy. 77 to the west. To the north is a similar office building. To the east and south are single-family homes. EXISTING CONDITIONS There is an existing two-story office building on the southeastern portion of the site. Surface parking is located to the north and west of the building, and is shared with the adjacent office building to the north. Access to the site is via a shared driveway that serves all three office buildings within this development. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant's narrative, to comply with the ordinance requiring that the trash enclosure be attached results in practical difficulties as there is no feasible way to attach the enclosure to the building. The office building was not designed for it, and has exterior windows all around. Attaching the trash enclosure to the building would block existing windows. EVALUATION OF REQUEST Proposal - After receiving notice from the City that the trash container must be enclosed, the applicant is proposing to construct a masonry enclosure adjacent to the southwest corner of the building. The proposed location is in the side of the property, and the location is convenient for I! Planning Report - Shimelfarb Management, Inc. July 15, 2008 Page 3 access from the building and for trash pick-up service vehicles. While City Code does require that trash enclosures be attached to the principal building in commercial zoning districts, there are some instances where detached trash enclosures have been approved. Setbacks - The proposed location is set back 30 feet from the nearest property line and satisfies required principal structure setbacks. Parking - One parking stall is proposed to be eliminated for the trash enclosure. The site currently has 44 parking stalls; a total of 88 stalls are shared between these two buildings. The 8,010 s.f. building requires 43 parking stalls. The trash enclosure will displace one parking stall, and leave one undersized stall that could still be used for motorcycle parking or a subcompact vehicle. Landscaping/screening - There is existing landscaping south of the proposed trash location, which will screen it from adjacent residential properties and it will be screened from Nicols Road by the building. Architectural Standards - The enclosure is proposed to be 10' deep by 12' wide and 7' in height and made of 8" rock face block. The gates are proposed to be cedar. The wood gates should be on a galvanized steel frame to provide greater stability and durability to the gates. The location of the trash enclosure is on existing bituminous surface. Aside from being detached, the proposed trash enclosure appears to meet other design standards set forth in the City Code. The proposed rock face block does not match the principal building, however, both are masonry materials. SUMMARY/CONCLUSION The proposed Variance would allow a new detached trash enclosure to be constructed in the northwest corner of the existing parking lot. This proposal will provide for the enclosure of a formerly unenclosed trash container. Because the principal building has finished space and windows all around, attaching the trash enclosure is not feasible. Design and construction standards for the trash enclosure appear to be satisfied. Aside from being detached, the proposed trash enclosure appears to be in keeping with the intent of the zoning ordinance. ACTION TO BE CONSIDERED To approve a Variance to allow a detached trash enclosure in a LB zoning district for property located at 4655 Nicols Road, legally described as Lot 3, Block 1, Cedarview Addition, located in the NW '/4 of Section 31. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. 13,3 Planning Report - Shimelfarb Management, Inc. July 15, 2008 Page 4 Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit shall be obtained prior to commencing construction. 3. The wood cedar gates should be on a galvanized steel frame to provide greater stability and durability to the gates. i I i I 3~ Eagan Boundary Right-of-way Location a Parcel Area Park Area Building Footprint w ~ (C 4 Zf7t- El Gl -j eL rvrew E © ~ - a q seorr d 4 ~J wee S7 ❑ i ~ s ~ DRrN J ~ ~ i I ~ ~ ~ Subject Site 1 r o\ . d APK DENiERD l © 'ig ~ 0 `a v La 0 ~C ] 41 CJ FJ - F < RRNNC / „ CD - e wrR wer ` C^ p ? D MAHCY CR f ~ ~ iJ C3 1 \ o Q D ~ l ~ ~ ~P ep AIN OAK DR RNWKdt ~ a 1 9~ ~ i!~ i ? G', ~ ~ ~ vieupruNmna ~ Dr 9 Gf ~ ©o;~ P p _ , El 4 0 6„ Lwe ~ ~ ®ea®~~ „N ~ r mm 14H Q P... ® ~~q eovar i C KINOB KD i 1 B ~S ~ o g a 4 6 cA 'q+r0a I n° L 41 ~ ~ ' L ~ fl o~ © ~ ~ G} - G a roK'r vn 0~ 6 " t1 v CP ® m IHD o~ a o© a l p °ca 4 %tORU.NP ~ ~ ~ RI - 4 . Q d 4~, : ` 4 ~ Cry ~I~ ~ ~ .IrARILYN RV ~ O ~ ~ S 6 8 4' P d 1000 0 1000 2000 Feet Development/Developer: 4655 Nicols Road Application: Variance Case No.: 31-VA-12-06-08 N City of Eakan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. A r a. s'Y Ih -y ~f al 55, v ' 4 T~ V+ C)' ~ ~ X t J J„ _ ~ _ ~ { / f" ~ III r xu'' t~Y ti ~_.u Y,- N 13LQ Jb,48U 5.1. lb,Z40 S.f. 16,Z4U 5.1. 28% 24.3% 31.7% 86 43 43 . a>3ro o>3a -7 7 ---vat FL,) T*or / r TI-II IZ ESa 6 - S 1.40 CIO `~XISTw =fir°~ 5 ~ - f f l ' } c~ c~sF~c2 r'-'- - p}JI~.pW W - ,P5._ 1o®x A ® I _.L 9q~!wtr caNG. ~JLW S 101L swim W~ . 1s, Fu1vRe 12 0 - - } 4.-{' 0 r} - NEW S R S r3E Sor'r~Bp BU/L(~1~16 - - Lwa 7 r-= x s ~ ~ TU ~ ~ p15R,ILIN6 A1ZCd. jor TWY Q r t 3 ` a. J, ..yy I ~ I ♦ .i` } tom. " 1 i ~ s1C~° d 7 f! f n t A Yi •I RECEIVED JUN 2 3 41 J 4 ' ~e. ~ , M . 2008 w V~ i 4. R ' i IN, r alo C( j I ' I KO M JUN 2 3 2008 1~0 r -4 9ML U v 4 / a'/ ` RECEBVo j1i '7 3 L ~3~ IGOR SHIMELFARB 13019 Garvin Brooklane i_shimelfarb@msn.com Appley Valley, MN 55124 Mobile (651) 283-8033 EUGENE SHIMELFARB 1745 Graham Ave eugene_shimelfarb@hotmail.com St. Paul, MN 55116 Mobile (651) 592-3254 June 4, 2008 To Whom it May Concern: Shimelfarb Management, Inc has owned the building at 4655 Nichols Rd since May 2003. The building was built in 1983 by Kraus- Anderson Co. The trash container; approximately 5 feet by 4 feet by 5 feet high has sat on the far north end of the western parking lot. There is no way to attach the enclosure for this container to the building. We are proposing to build a concrete block enclosure on the west parking lot in the most south western corner. Please see drawings submitted. The gates will be made out of wood. Sincerely,,i Eugene Shimelfarb (Vice-President of Shimelfarb Management, Inc.) RECEIVED JUN 2 3 2008 LI PTII~ i Agenda Information Memo July 15, 2008 Eagan City Council Meeting C. VARIANCES - 4651 NICOLS ROAD (SERVICEALL, INC.) ACTIONS TO BE CONSIDERED: To approve (or direct findings for Denial of a Variance to allow a detached trash enclosure, and a Variance of 37' to the minimum required structure setback of 50' from a state highway, for property at 4651 Nicols Road, legally described as Lot 2, Block 1, Cedarview Addition, located in the NW 1/4 of Section 31. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property is located west of Nicols Road and south of Cliff Road. ➢ The zoning is zoned LB, Limited Business and contains a two-story office building which was constructed in 1981. ➢ The office building has windows all around on the lower level, presenting practical difficulties to attaching the trash enclosure. ➢ The proposed detached location is in the northwest corner of the existing parking lot and is situated for convenient access from the building and for trash pick-up. ➢ The trash enclosure should be reoriented to open to the south. ➢ City Code does require that trash enclosures be attached to the principal building in commercial zoning districts, however, there are some instances where detached trash enclosures have been approved. ➢ City Code requires a minimum 50' structure setback from a state highway; the proposed trash enclosure is set back approximately 13'. ➢ Aside from being detached, the proposed enclosure meets other design standards set forth in the City Code. ISSUES: ➢ None 60 DAY AGENCY ACTION DEADLINE: August 22, 2008 ATTACHMENTS Location Map, page Planning Report on pages through Eagan Boundary Right-of-way j Parcel Area Location Park Area Building Footprint a m OU W d S Q 1 © '3 ~ ~ S_J oeorrr 17 aP Subject Site 6 v eu roq, a L too 0 oa Q' o u o 4 ~ t no O Q ~ MMI M.Y v ~ r a o ~ p Q . nN OY{M AN MKM Y 4 ~ ©h ~ r~ q d Q A ~ ~ © p 6 map P W ~ ~ - pp ; L3 IL ~ q. d 61 ~ p~ C,5 = Q o fl, 4 p o ° P ~ p d ~1~ t.i 4 mo f7 9 ©6w wr. ~ ~ ti ~ a v d © ~ ~ t7 © a ao b p d ,3 ®BB ® ~8~~ a~~ a6P~_ ® Oa ~I FA o c Q° q ti - e covua . .xe. o i ® a p 9 ~ 6 ®m C3 ea c~ m p sa m e~ [5 o P O 0 G~ a Wn w 1000 0 1000 2000 Feet Development/Developer. 4651 Nicols Road Application: Variance Case No.: 31-VA-13-06-08 N Wy of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W* E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. PLANNING REPORT CITY OF EAGAN 'I REPORT DATE: July 10, 2008 CASE: 31-VA-13-06-08 APPLICANT: Serviceall, Inc. HEARING DATE: July 15, 2008 PROPERTY OWNER: Serviceall, Inc. APPLICATION DATE: June 23, 2008 REQUEST: Variance PREPARED BY: Pam Dudziak LOCATION: 4651 Nicols Road COMPREHENSIVE PLAN: SA - O/S, Special Area - Office/Service ZONING: LB, Limited Business SUMMARY OF REQUEST Serviceall, Inc. is requesting approval of a Variance to allow a detached trash enclosure, and a Variance of approx. 37' to the minimum required structure setback of 50' from a state highway, for property at 4651 Nicols Road, legally described as Lot 2, Block 1, Cedarview Addition, located in the NW 1/4 of Section 31. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. II Planning Report - Seiviceall, Inc. July 15, 2008 Page 2 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11. 70, Subdivision D-7 of the City Code requires trash enclosures to be attached to the principal building within LB, Limited Business, zoning district, and that the enclosure satisfy principal structure setbacks for the applicable zoning district. The enclosure must have an impermeable floor surface, be at least 6' and not more than 10' in height, and be constructed of materials to match the principal structure. Gates or doors to the enclosure must be at least 90% opaque, and the enclosure must be large enough to contain all trash and recyclable materials containers. Trash enclosures must satisfy principal structure setbacks for the applicable zoning districts. BACKGROUNDMISTORY The property was platted in 1981 and the existing two-story office building was constructed the same year. This building is the middle one of three similar office buildings constructed at the same time. The property abuts Hwy. 77 to the west. To the north is similar office building. To the east is a dental clinic that was constructed in 2004. EXISTING CONDITIONS There is an existing two-story office building on the northwestern portion of the site. Surface parking is located to the south of the building, and is shared with the adjacent office building to the south. Access to the site is via a shared driveway that serves all three office buildings within this development. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant's narrative, to comply with the ordinance requiring that the trash enclosure be attached results in practical difficulties as there is no feasible way to attach the enclosure to the building. The office building was not designed for it, and has exterior windows all around. Attaching the trash enclosure to the building would block existing windows. Planning Report - Seiviceall, Inc. July 15, 2008 Page 3 EVALUATION OF REQUEST Proposal - After receiving notice from the City that the trash container must be enclosed, the applicant is proposing to construct a masonry enclosure on the northwest corner of the existing parking lot. The proposed location is in the rear of the property, and is situated to be easily accessible from the building and for trash pick-up service vehicles. The plans show the gates of the enclosure opening to the east. This is awkward for trash pick-up, and would require the adjacent parking stalls to be vacant for access into the enclosure. The enclosure should be turned so that the gates open to the south. While City Code does require that trash enclosures be attached to the principal building in commercial zoning districts, there are some instances where detached trash enclosures have been approved. Setbacks - As noted in the request, the proposed location results in a setback of approximately 13' from the west property line abutting Hwy. 77. City Code requires a 50' principal structure setback from state highways, thus resulting in a 37' setback Variance. The back wall of the trash enclosure is located on the existing curb line. Shifting it to the east would place it in the middle of a parking row rather than at the corner of the lot. Relocating it to the south corner would make it less convenient to access from the building and would reduce, but not eliminate, the setback variance. Parking - One parking stall is proposed to be eliminated for the trash enclosure. The site currently has 44 parking stalls; a total of 88 stalls are shared between these two buildings. The trash enclosure will displace one parking stall and leave one 8' wide stall that can be used for motorcycle or subcompact parking. Landscapin screenin - There is existing landscaping west of the proposed trash location, which will help to screen it from highway views. However, the existing landscaping is located within the Hwy. 77 right of way, not within the property. Additional landscaping should be installed both west and north of the new trash enclosure to provide screening and soften views of the enclosure from adjacent property. Architectural Standards - The enclosure is proposed to be 10' deep by 12' wide and 7' in height and made of 8" rock face block. The gates are proposed to be cedar. The wood gates should be on a galvanized steel frame to provide greater stability and durability to the gates. The location of the trash enclosure is on existing bituminous surface. Aside from being detached, the proposed trash enclosure appears to meet other design standards set forth in the City Code. The proposed rock face block does not match the principal building, however, both are masonry materials. Planning Report - Serviceall, Inc. July 15, 2008 Page 4 SUMMARY/CONCLUSION The proposed Variances would allow a new detached trash enclosure to be constructed in the northwest corner of the existing parking lot. This proposal will provide for the enclosure or a formerly unenclosed trash container. Because the principal building has finished space and windows all around, attaching the trash enclosure is not feasible. Other design and construction standards for the trash enclosure appear to be satisfied. Aside from being detached, the proposed trash enclosure appears to be in keeping with the intent of the zoning ordinance. ACTION TO BE CONSIDERED To approve a Variance to allow a detached trash enclosure in a LB zoning district, and a Variance of 37' to the required 50' minimum structure setback from a state highway for property located at 4651 Nicols Road, legally described as Lot 2, Block 1, Cedarview Addition, located in the NW 1/4 of Section 31. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit shall be obtained prior to commencing construction. 3. The wood gates should be on a galvanized steel frame to provide greater stability and durability to the gates. Eagan Boundary Right-of-way c I'~ t I Map Parcel Area a ( Park Area Building Footprint I 0 u F- 7,77n 4 y GtIFFN< © J Q l rr 0 1 Subject Site c F oq ~ i ~ ~~l© o q MHrK: l IZ 1 / L ~ ~ ' PIN OwK eR [C m S" r,iM TMIL F ©a~' C7r rHJ • [ °MM 4W ® ® C c r,~ ~ ca Q © a sre Q 6;J G~ p L9 . r, vz r b 13 C. - k ~ bAK1~YN FV 9 g ~ ~ ~ cogy Q 1000 0 1000 2000 Feet Development/Developer: 4651 Nicols Road Application: Variance Case No.: 31-VA-13-06-08 I # N City of Eapn W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. I D'A a 3 ; C •;V- Z 7 I CID CD x`71 ~ I s H Tq I 41 jNj a. 4 J r _m~ A) 488 s.I. id ,L4U s,f. id ,L4U s.I. 28% 24.3% 31.7% 86 43 43 ~13~ 034 ~gor. )YWY 77 ' / X 0 F7 LITV W- E-r nLa fZKINdw f~; L , t I 77-x1 AI2eA B T _ - van - - r'rz ~ _ GoN 5 5* XISTIw mo f ,~rot1 5 ~ s. - FuTvcze X34 rya.` sue'', mr+a. New S CK►~ awe~~ 11~~, TOPUL i d` n I J 2 0 '24 e2 4-- If+ :i 5r,4s Sl4cl-r-J OF GE - News R s -TD 3c- Sor rep UIL vIJb \~lu war mx P15 izIGI NGw A [ZG,s j 1 f=L. ,5 - sub ZuvS, NI 3rd ' kti ..ji ~ Al IC ot-s Rb. + 30 ~ y ! y f r r r 741, ~,'t"d'a i a' Ali y l ,n f. .i P Y 'RECEIVED JUN 2 3 2000 c.a C'n s!a W W =s u 'r~ J 0 i C®& M ;i I ' i i , i i jX4 c ~ i I1 ~ ' I r i June 4, 2008 To Whom it May Concern: Service All, Inc has owned the building at 4651 Nichols Rd since May 2003. The building was built in 1983 by Kraus- Anderson Co. The trash container; approximately 5 feet by 4 feet by 5 feet high has sat on the far north end of the western parking lot. There is no way to attach the enclosure for this container to the building. We are proposing to build a concrete block enclosure on the west parking lot in the most south western corner. Please see drawings submitted. The gates will be made out of wood. Sincerelyr, Ilya Cheskis (President of Service All, Inc.) Agenda Information Memo July 15, 2008 Eagan City Council Meeting Old Business A: Receive bids and award sale of $4,165,000 General Obligation State-Aid Road Bonds, Series 2008A, and engage Springsted, Inc. to perform continuing disclosure reporting and arbitrage rebate calculation requirements for such bonds. ACTIONS TO BE CONSIDERED: • To approve the resolution awarding the sale of $4,165,000 General Obligation State-Aid Road Bonds, Series 2008A; and • To engage Springsted, Inc. to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the above bonds FACTS: • A resolution to issue and sell the referenced bonds was approved at the June 17 City Council meeting. • The bid opening will take place at 11:00 a.m. on July 15. • Dave MacGillivray of Springsted will be at the Council meeting to present the bids and recommend action. • Ratings were requested from both Standard & Poors (S&P) and Moody's. Both ratings agencies were to meet in conference today (Friday) to issue their ratings. Their rating writeups will be distributed with the additional information on Monday. • Sale recommendations were previously made available to the Council. ATTACHMENTS: • The draft resolution for this issue-12 pages in length-is not included with the packet, but is available for review at the City Administrator's office. Agenda Information Memo July 15, 2008, Eagan City Council Meeting I B. COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT - SELECT SENIOR LIVING OF EAGAN LLC ACTION TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment (OR direct preparation of findings of fact for denial) that would to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density), to allow for a 71 unit Assisted Living Facility at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3'd Addition, in the NW 1/4 of Section 16. REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: ➢ This item was originally continued for sixty days at the April 15, 2008 City Council meeting and again for thirty days at the June 17, 2008 City Council meeting, both at the applicant's request. A The subject site is part of the Blue Cross Blue Shield East Campus Master Plan ➢ The Council approved a subdivision in 2003 to allow 12 unit townhome buildings on two separate lots. ➢ The Council, approved a Planned Development Amendment to allow one 24 unit townhome building on two lots in 2007. Due to market conditions this application was withdrawn prior to recording of the approvals. ➢ Access occurs from Hunt Drive, which was renamed from 81St Street, via Coachman Road, South of Yankee Doodle Road. ➢ The site has been graded and the parking lot and storm water pond were also installed with the 2003 approvals, but modifications will be required per the proposed plan. ➢ Surrounding development consists of Single Family homes, Apartments, and the City Maintenance Facility. ➢ The proposed Site Plan identifies a 71 unit Assisted Living Facility with a density of 31.5 units per acre, which constitutes the need to reguide the property. ➢ The proposed amendment would require a number of deviations from standard R-4 (residential multiple) zoning. ➢ Deviations include: • Exceeding density allowed under R-4 zoning • Building setback less than 50 feet from Yankee Doodle Road • Parking setback less than 20 feet from Hunt Drive • Parking of less than two stalls per unit 5 i • Building coverage greater than 20 percent • Recreation area less than that required ➢ The Advisory Planning Commission held a Public Hearing regarding the proposed Comprehensive Guide Plan Amendment and Planned Development Amendment on March 25, 2008 and is recommending denial. ISSUES: ➢ Since Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Planned Development Amendment request will be withheld until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan amendment. However, it is appropriate for the Council to comment on the other request at this time. ➢ Subsequent to review by the Metropolitan Council, if so directed, the following action will come back before the City Council for consideration: • To approve (OR direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow for a 71 unit Assisted Living Facility for property legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition, in the NW 1/4 of Section 16. A 120 day Agency Deadline was taken on this application to allow for the Comprehensive Guide Plan amendment process. • The applicant must also apply for a Final Plat to combine Lots 1 and 2, Block 1, Terra Glenn 3rd Addition. ➢ The APC stated that the proposed use appeared too intense for the proposed site with the number of proposed deviations and they saw no compelling reason or public benefit to modify the land use designation to allow an increase in density. ➢ An Attorney representing Blue Cross Blue Shield (BCBS) expressed concern in that a restrictive covenant exists allowing BCBS the right to approve all projects within their Master Plan area. BCBS had not yet reviewed or approved the proposed plan. The City of Eagan does not enforce private covenants. ➢ All of the jurisdictions, which are required to receive notification of the proposed Comprehensive Guide Plan Amendment, have responded to the notification and have no comments or concerns regarding the proposal. ➢ The Applicant has submitted a modified Site Plan and supporting text (attached) to reduce the number of units from 71 to 63 and reduce the number of deviations to speak to the concerns discussed at the Advisory Planning Commission meeting. ➢ The revised plans should be subject to staff approval, including but not limited to the revision of the proposed fire lane to a paver surface to allow for the maximum infiltration capacity of storm water runoff. I 120-DAY AGENCY ACTION DEADLINES: September 3, 2008 ATTACHMENTS (5): Location Map, pagesJt Staff Update on Deviations, pagesI s t - Draft March 25, 2008 APC Minutes, pageq g through 'S Planning Report on pages through Revised Narrative/Graphic from Applicant received April 7, 2008 on pages'gg througJ 1S5 Eagan Boundary Right-of-way Location Map ~ Park Area Area -_L Building Footprint r u ~ OO PWM1OYpm i o j a s Q J L c® s o o 008 ~o ~ Q fl O Q Sri 0 a o C =o 0 0 D E, > o o= a o Q a_ Subject Site r, n o o a®®L n . ❑ Q❑ o g CO TY ROAD NO. ( NREE DOODLE ROAD) Q CP 6 4 d Q d~P 60 d O. COP ~ •~4 ~ ~ ~q9b P - ~ 'a d y ~O c nom d d p 9 6 a O 9 Q 9 q v~uer ewe ca a ~p a q~ P q I OQ 6 q9p ri` ii Q op44 a d ty oq oQ qo p ti 4 en d p 4aad a eneer -oa u.e CS Q OF' 9 9 9 4 b Q Q ©}{iq d o c~ a~ ~q O ~ ~ q a p' P'~ ~ d ~ pp ~ a gym II ~",J q r -oxraer w,e P ©x 0 e g e O v (C'~'~ 6 C7 , c~ o C3 ~ ~ ~ f3 J c~ a 0 fj d ~`S~ u Cl C7 o try o o P. e d x d " x i 1000 0 1000 2000 Feet Development/Developer: Select Senior Living of Eagan Application: Comprehensive Plan Amendment Case No.: 16-CG-01-02-08 N City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. City of ETo: Mike Ridley, City Planner From: Sarah Thomas, Planner Date: April 10, 2008 Subject: Select Senior Living- Staff Update re: Deviations Deviations include: Original Submittal Revised Submittal 1. Exceeding density allowed Yes; 31.5 units/acre Yes; 28 units/acre under R-4 zoning versus 16.8 units/acre versus 16.8 allowed units/acre allowed 2. Building setback less than Yes No 50 feet from Yankee Doodle Road 3. Parking setback less than Yes No 20 feet from Hunt Drive 4. Parking of less than two Yes; 1.14 stalls/unit Yes; 1.35 stalls/unit stalls per unit 5. Building coverage greater Yes No than 20 percent 6. Recreation area less than Yes; 8,850 sq. ft. Yes; 10,235 sq. ft. that required provided/14,200 sq. provided/ 12,600 ft. required sq. ft. required ~S f MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA, March 25, 2008 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, March 25, 2008, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hansen, Members Filipi, Feller, Chavez, Dugan, and Heaney. Also present were City Planner Mike Ridley, Planner Pamela Dudziak, Planner Sarah Thomas, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Feller moved, Member Filipi seconded a motion to adopt- the Agenda. A vote was taken. All voted in favor. Motion carried 6-0. FEBRUARY 26, 2008, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Filipi stated the motion on Page 4 should reflect the correct vote of 4-2. Member Heaney moved, Member Chavez seconded a ;motion to approve the February 26, 2008, Advisory Planning Commission meeting minutes as amended. All voted in favor. Motion carried 6-0.,- Ill. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Select Senior Living of Eagan Applicant Name: Yankee Doodle Properties Inc. Location: Lots 1 & 2, Block 1, Terra Glenn 3rd Addition Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from Medium Density to High Density. File Number: 16-CG-01-02-08 Application Planned Development Amendment A Planned Development Amendment to allow an assisted living facility. File Number: 16-PA-03-02-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 20, 2008. She noted the background and history. Chair Hansen opened the public hearing. Carol Eiden, Attorney for Blue Cross Blue Shield (BCBS), stated opposition to the proposal due to a restrictive covenant between BCBS and Yankee Doodle Properties Inc, that allowed BCBS to review and approve any proposed development. She asked that the proposal be denied until I an agreement has been made. City Attorney Bob Bauer stated the City does not get involved with private covenants. Chair Hansen asked the applicant if a conforming plan had been established to address the requested deviations such as; building and parking setbacks, building coverage, recreation area, and parking. There being no further public comment, Chair Hansen closed the public hearing and turned the l discussion back to the Commission. Joel Larson, Yankee Doodle Properties Inc., stated the building could be moved on the site to address setback concerns. He stated greater parking and recreation area is not needed when considering the proposed use of an Assisted Living Facility on the property. He discussed access points, greenspace, and the number of employees on-site. He explained that underground parking is available for many of the employees. Member Filipi stated concern for the lack of the number of parking spaces and lack of recreational area for the site. Member Chavez stated concern for the density of the site, lack of parking, and lack of recreational area. He stated the use is not appropriate-for the site. Member Dugan agreed with Members Filipi and Chavez. Member Heaney moved, Member Dugan seconded a motion to recommend approval of a Comprehensive Land Use Plan Amendment to change the land use designation from SAND (Special Area/ Medium Density), to SA/HD (Special Area/ High Density). A vote was taken. All voted against. Motion failed: 0-6. Member Heaney moved, Member Filipi seconded a motion to recommend denial of a Comprehensive Land Use Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density), to,SA/HD (Special Area/ High Density). A vote was taken. All voted in favor. 'Motion carried: 6-0. Member Heaney moved, Member Feller seconded a motion to recommend denial of a Planned Development Amendment to construct a 71 unit assisted living facility on 2.25 acres at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition, in the NW '/4 of Section 16. A vote was taken. All voted in favor. Motion carried: 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 20, 2008 CASE: 16-CG-01-02-08 16-PA-03-02-08 APPLICANT: Select Senior Living of Eagan LLC HEARING DATE: March 25, 2008 PROPERTY OWNER: Yankee Doodle Properties Inc. APPLICATION DATE: Feb. 20, 2008 REQUEST: Comprehensive Guide Plan Amendment and Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: Lots 1 and 2, Block 1, Terra Glenn 3rd Addition COMPREHENSIVE PLAN: SA, Special Area I ZONING: PD, Planned Development III SUMMARY OF REQUEST The applicant is requesting approval of a Comprehensive Land Use Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density), and a Planned Development Amendment to construct a 71 unit assisted living facility on 2.25 acres at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition, in the NW 1/4 of Section 16. AUTHORITY FOR REVIEW Comprehensive Land Use Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 2 PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUNWHISTORY In 1981, the city approved a Planned Development for the property that encompassed a variety of uses including Limited Business, Low Density Residential, Medium Residential and Park uses. The subject site is part of Blue Cross Blue Shield East Campus Master Plan. Originally BCBS had a plan proposing a total of 720,000 square feet of additional office space to be added from 2004 to 2015. In addition, approximately 25% of the 162 acre site was devoted to undisturbed area and predominately single family residential along the east and south perimeter where the site is adjacent to single family residential. In 2002 a Preliminary Planned Development was approved to incorporate the master plan which included medium residential east of the existing campus, south of Yankee Doodle Road, west of the City's Maintenance Facility and single family residential south of the medium density development. The subject site was approved as part of a larger subdivision in 2003, which created 54 single family and 24 townhome units on 39.5 acres of property. The development was proposed to be built in three phases, two single family phases and one townhome phase. The majority of the single family homes have been constructed. A Final Planned Development was approved in 2004 allowing two 12 unit townhome buildings on separate lots for a total of 24 units. The applicant received approval in 2007 for a Planned Development Amendment to construct a single three story building containing 24 condominiums on the medium density property but has since withdrawn the application due to market changes. EXISTING CONDITIONS The subject site currently consists of two platted parcels. The current proposal will require an application to replat the property into one single parcel as well as vacation of existing drainage and utility easements. The property has been graded and the storm water pond has been constructed per the original approvals in 2003. The parking lot has also been installed, however modifications to the grading, pond and parking lot will be needed for the newly proposed development. Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the I subject property: Existing Use Zoning Land Use Designation North Apartments R-4, Residential Multiple HD, High Density Residential South City Maintenance facility PF, Public Facility QP, Quasi Public East City Maintenance facility PF, Public Facility QP, Quasi Public West Single Family PD, Planned Development SA, Special Area Residential Homes EVALUATION OF REQUEST Code Requirements - The Planned Development Amendment in 2007 approved the 24 unit townhome building on one lot, however the development never commenced and the applications were ultimately withdrawn. Therefore, the Final Planned Development in effect was executed and recorded in 2004 and approved a total of two 12 unit townhome buildings on separate lots for a total of 24 units. The intent of a Planned Development is to provide greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. This is meant to encourage a more creative and efficient approach to the use of the land, and preserve and enhance desirable site characteristics, natural features and open space. Proposal - The applicant has stated that due to changes in the market, one 24-unit condominium building, is not feasible. According to the Applicant's narrative the benefit of the proposed Planned Development Amendment to the city is that, "From preliminary market studies and discussions with various City and Dakota County officials, there is a significant need for such housing in Eagan. Proceeding with the condominium plan would be economically unsound and lead to an overstock of unwanted housing within the City." The revised proposal includes a change to allow for high density residential, specifically, a 71 unit assisted living facility which includes 18 memory care units. The new building will be three stories, with underground parking. The proposed building results in a higher density than allowed by the R-4 zoning district standards, the building setback less than 50 feet from Yankee Doodle Road, parking setback less then 20 feet from Hunt Drive, building coverage greater then 20 percent, recreation area less then that required and parking of less then two stalls per unit. All of these deviations from City Code requirements can be accommodated through the proposed PD zoning. The acceptability of the deviations is a policy matter to be determined by City officials. Compatibility with Surrounding Area - The proposed density is not consistent with the MD (Medium Density) designation and for that reason the applicant has applied for the Comprehensive Land Use Plan Amendment. Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 4 Comprehensive Land Use Plan - The subject site is currently guided SA/MD (Special Area/ Medium Density). While the entire 40 acre SA is divided into four different land use categories, this site provides areas for medium density residential which allows for 4 to 12 units per acre. The proposed SA/HD (Special Area/ High Density) designation is to provide for high density attached housing units including townhomes, condominiums and apartments allowing for gross densities greater than 12 units per acre, including the common areas. With appropriate buffering, high density residential uses can be compatible with other lower density residential uses as well as with more intense commercial and industrial uses. In some situations, high density residential uses may serve as the buffer between lower density residential and higher intensity commercial and industrial uses. High density developments may be best suited to properties with severe development limitations such as steep slopes, trees and wetlands because attached dwellings are well suited to clustering techniques. Access needs vary with the size of the development as those with a large number of units should be located along arterial or collector roads and close proximity to transit serviced is desirable. The site has good visibility along Yankee Doodle Road (County Road 28) which is classified as an "A" minor arterial which extends from TH 13 to CSAH 56 in Inver Grove Heights. This location is part of a mixed-use planned development, in proximity to both apartments and retail commercial businesses and next to both single family homes and the Public Works maintenance facility. The applicant proposes to change the land use designation from the lower intensity Medium Density Residential to the higher intensity High Density Residential. Density - To evaluate the developer's proposal, density is first calculated by what is proposed (the number of units divided by the gross/net site areas), then compared against what is required or allowed in the comparable R-4 zoning district. Proposed - The developer is proposing 71 units on a gross site area of 2.25 acres, resulting in a gross density of 31.5 units per acre. Required - R-4 zoning requires a minimum site area of 2,750 sq. ft. of area per unit. The City Code allows a credit of 300 sq. ft. per unit for each unit served by underground garage stalls. With 71 units and 34 underground garage stalls, the required site area would be 4.25 acres (the equivalent of 16.7 units per acre). The site area is less than 4.25 acres and the proposed density, exceeds 16.7 units per acre and thus, deviates from typical R-4 zoning standards. The applicant's narrative states "the amended use proposed will have little impact on surrounding land uses from that which existed with the existing plan." For comparative purposes: ➢ Gramercy (Independent Senior Living) provides 14 units per acre ➢ Marice Manor (Assisted Living) provides 35 units per acre ➢ Keystone (Assisted Living) provides 56 units per acre 1 0- Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 5 Both Gramercy and Marice received approval of a Conditional Use Permit to allow the facilities as retirement homes in the Limited Business zoning districts. Keystone is located in the Cedar Grove District which permits density flexibility. Conforming Plan - The applicant did not provide a conforming plan with the proposal. However, the applicant did prepare a "conversion plan", a possible option to converting the units into apartments in the future if the market were to require such a shift. Performance Standards - Simply for the purpose of discussion this proposal is reviewed under the R-4 (Residential Multiple) zoning district minimum and maximum standards. These are the same standards that were utilized to review the condominiums and townhomes previously proposed on this site. Setbacks - As the table below indicates the proposal does not meet the setback requirement of 50 feet from Yankee Doodle Road. The ordinance requirements are listed below. Setback requirements are not established in a Planned Development zoning. Ordinance Approved w/Condominiums Proposed Front yard: Yankee Doodle 50 feet 80 feet 39 feet Front yard: Hunt Drive 50 feet 116 feet 91 feet Side yard: east property line 30 feet 148 feet 124 feet Side yard: west property line 30 feet 50 feet 33 feet Building Coverage - The R-4 zoning district allows for a maximum of 20 percent building coverage. The applicant proposes a maximum of 22 percent coverage. Building Height - Building height is measured from the average grade to the midpoint of a pitched roof City Code allows a maximum building height of 35 feet. City Code permits additional building height up to 60 feet, with additional setbacks of 3 feet for each 1 foot of additional building height required. The elevations depict the average of the building is 35' 3" in height; however, the building also exhibits a single story entrance feature and an exposed elevation on the east end. Building Elevations/Architecture - The building is proposed to be constructed of cast hardiplank lap siding (70%), hardishakes (6%), brick veneer (18%), cultured stone veneer (4%) and split face concrete block (2%). All four sides of the building are not proposed with the same finish materials as the north and west exteriors do not include brick veneer. City Code requires all exterior vertical surfaces to be treated as a front and have an equally attractive or same fascia. As a condition of approval, all elevations shall comply with applicable provisions of the City Code. The applicant should also consider the addition of shutters or some other architectural feature to enhance the windows and elevations. ff i Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 6 Mechanical Equipment - The applicant's narrative states that "All mechanical elements to be internal." Recreation Area - As mentioned later in this report, Skyhill Park was dedicated as part of the original plat for this development. However, City Code requires that on-site recreation space be provided in multiple-family developments. The Code requires 200 sq. ft. for each 1 bedroom or 2 bedroom unit, plus an additional 100 sq. ft. for each 3 bedroom unit. Using this formula based on 71 units, a total of 14,200 square feet is required. This area must be a minimum of 100 feet from the ponding area which is located on the east side of the property. The applicant has identified 8,850 square feet of recreation area on the site plan, half of which is within the 100 foot setback to the ponding area. A portion of the calculated recreation area is from a trail that is labeled "future trail" on the Site Plan. To meet the recreation area requirement, all trails should be constructed with the development, and not in the future. Parkin - The City Code requires two parking stalls for each multi-family dwelling unit (at least g one covered or underground), with no specified parking standard for senior housing facilities. The proposed new building provides 81 parking spaces for 71 units, a ratio of 1.14 to 1. This ratio is consistent with prior approvals for other senior housing apartments. For comparative purposes: ➢ O'Leary (1997) provides 1.16 stalls per unit ➢ Marice Manor (1997) provides 0.74 stalls per unit (with proof of parking to total just under one stall per unit) ➢ Oakwoods Phase I (1991) provides 1.7 stalls per unit ➢ Keystone (2003) provides 0.87 stalls per unit ➢ Oakwoods Phase I1(2007) provides 1.1 stalls per unit More specifically, the applicant proposes 47 surface parking stalls and 34 underground *parking stalls. The surface stalls are proposed to be 10 feet wide and the underground parking stalls 9 feet wide. The Site Plan identifies a portion of the surface stalls within the 20 foot setback from Hunt Drive. A revised Site Plan identifies 21 stalls as proof of parking for a total of 102 stalls, which results in a total parking ratio of 1.43. The 12 proof of parking stalls on the north side of the building are setback 5 feet from the property line. The City Code requires a parking setback of 20 feet from public streets. Also, the implementation of the five proof of parking stalls in the middle parking area would remove the required planting islands, which are proposed to be constructed as rain gardens to assist with storm water runoff. Further, the proof of parking area when built would reduce the green space on the site from 42.7% to 34.8%. City officials should determine if the proof of parking, with a loss of green space, would provide a benefit to the site. Typically, zoning does not regulate handicap parking stalls, however being that this is proposed to be an Assisted Living Facility, the accessible stalls should be located in the parking row east of the building as the stalls are required by the building code to be closest to the nearest accessible entrance. Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 7 I The applicant's narrative states "because the use will be assisted living... traffic generated to and from the site will be substantially less than that would have existed under the original or earlier revised condominium plans." Site Lighting - City Code requires site lighting be as is necessary for security, safety and traffic circulation. Typically, we look for parking lot lighting to be not less than 0.5 footcandles, and for an average-to-minimum ratio of 4:1. i The Site Lighting Plan shows two 20-foot pole-mounted lights in the parking lot at each end of the center row of parking stalls. A third 20-foot pole is proposed adjacent to the east end of the building. The driving lane near the entrance of the building is not as well-lit, with footcandle levels dropping to between 0.5 and 0.1. Two wall-mounted lights are proposed, one on the west side of the building and the second above the underground garage entrance. The approach driveway to that area also shows light levels below 0.5 footcandles. The applicant should consult with their lighting engineer to determine if adjustments in the lighting plan can be made to better illuminate the areas currently under 0.5 footcandles, provide more uniform light levels throughout the parking lot, and confirm that the lighting plan provides sufficient lighting for safety and security purposes. This should be illustrated with lighting statistics to show the average to minimum ratio. Si a e - The submitted application did not include a specific sign plan, however the site plan identifies a monument sign located east of the site entrance. As a condition of approval, all site signage should comply with applicable provisions of the City Sign Code. Landscaping - The Landscape Plan appears to be satisfactory, however the plant schedule indicates three Sienna Glenn Maples and the plan identifies six. The plant schedule also indicates 20 Little Princess Spirea shrubs, however none are identified on the plan. Additionally, the rain gardens as shown in the parking lot islands do not specify the location of the Blue Flag Iris, and the Daylilies shown in the planting schedule are not identified on the plan. As a condition of approval, the Landscape plan should be revised to eliminate discrepancies. Storage Space - City Code requires 150 cubic feet of storage space per unit, in addition to the closet and storage area within the unit. The applicant's narrative states that "The facility will be providing resident storage cubicles of 150 cubic feet each." Trash Storage - Trash storage is proposed inside the building in the lower parking level. Gradin - The site was graded as part of previous development proposals. The preliminary grading plan depicts regrading of a majority of the site to accommodate the change in land use. Existing retaining walls on the site will be modified to accommodate the development. Long- term maintenance of these retaining walls will be the responsibility of this development. i I i A Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 8 Storm Drainage - Storm water runoff is proposed to flow to an existing storm water pond constructed with previous Terra Glenn development. The developer is proposing two small runoff filtration areas within the parking landscape islands to attempt to treat a small portion of the parking lot runoff. Water Quality - To satisfy City water quality requirements when the original plan was approved in 2003, a storm basin (treatment pond) was constructed immediately east of this parcel and in between the parcel and a wetland further east. Minimum City requirements for the volume and size of this treatment pond were based on the impervious surface (i.e., land covered by streets, buildings, parking lots, driveways, etc.) of the original area draining to the pond and the development originally approved. The City required the treatment pond to have at least 0.62 acre-feet of "wet-storage" volume and at least 0.27 acres of surface area. According to City "as-built" record plans, however, the treatment pond (City Pond CP-2.1) actually has a "wet-storage" volume of 0.53 acre-feet and a surface area of 0.19 acres. Thus, City Pond CP-2.1 is too small to treat stormwater for the originally approved development. Although the area draining to City Pond CP-2.1 has not changed, this revised development proposal would add 0.6 acres of impervious surface, an increase of over 28 percent. If previous City water quality requirements were still in place, City Pond CP-2.1 would need to be expanded to have at least 0.76 acre-feet of volume and at least 0.31 acres of surface area (over 43 percent and over 63 percent increases, respectively). Such a reconstruction of City Pond CP-2.1 most likely would either impact the wetland or require a modification to the boulder wall and thence reduce the buildable area of the parcel, or both. The following City water quality requirements (according to 2007 Water Quality and Wetland Management Plan) are now relevant to this development proposal: - 1. There must be no-net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site or 50 percent TP and 80 percent TSS must be removed from stormwater runoff, whichever is more restrictive. 2. The first one-half inch of stormwater runoff from any rainfall event from the entire site must be infiltrated. At its discretion, the City may modify or waive this requirement, based on consideration of any of the following: a. soil borings indicate unsuitability for infiltration; b. infiltration of the equivalent runoff volume is accomplished elsewhere within the same City subdrainage district; . c. potential of groundwater contamination exists due but not limited to such variables as: • geology that exposes aquifer vulnerability (e.g., karst, shallow bedrock, etc.); or • land use that causes high pollutant and sediment levels in stormwater (e.g., industrial areas, high vehicular traffic rights-of-way, etc.); or 16-7 Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 9 d. other circumstances that may affect feasible and prudent implementation. 3. This development may be subject to cash dedications in lieu of the above requirements, at the City's discretion. The developer is proposing to meet City water quality requirements partially through a combination of practices, including permeable pavers, diffuse storage in between the pavers, and a couple of biofiltration areas. The developer is requesting consideration in meeting the shortfall through a cash dedication. Wetlands - This development would not be subject to City Code § 11.67, Wetland Protection and Management Regulations, because there are no wetlands immediately on this parcel and there are no proposed wetland alteration activities that would affect the wetland or wetland buffer to the east of City Pond CP-2.1. Utilities - Sanitary sewer and water main stubs of sufficient size and capacity are available for connection from Hunt Drive. Streets/ Access/ Circulation - The development proposes one public street access onto Hunt Drive, formerly 81St Street, to the south. Pedestrian access to the site is provided via an existing trail along the north side of Hunt Drive. Easements/ Permits/ Right-of-Way - The developer should dedicate drainage & utility easements over all public storm sewer and ponds within the lot. Tree Preservation - The subject property originally appeared before the Park Commission in November 2003 and again at their meeting on March 17, 2008. The following information pertaining to tree preservation is included below for review. "A Grading, Erosion Control & Tree Preservation Plan submitted with this application indicates (by tree symbol) that there is about 5,000 square feet (staff measurement, no figures were provided by the applicant) of significant woodlands existing at this site. This woodland area is located between the proposed building site and Yankee Doodle Road. Tree diameters in this woodland area are listed as ranging from 6 inches to 16 inches. Because this area was previously prepared for initial development (trees were removed during the initial site development for the Terra Glenn application), allowable tree removal for this application was set at 0%. According to this plan, there will be no removal of any of the existing significant woodland. Therefore, there is no additional required tree mitigation for this application (see Existing On-Site Tree Mitigation that is discussed below). Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 10 Existing on-site Tree Mitigation - Sixty-two mitigation trees required through the Terra Glenn application tree mitigation requirements had previously been installed on site. These trees are to be preserved or replaced throughout this application. The applicant has submitted a Landscape Plan and project narrative that indicates the following: 57 mitigation trees currently exist on site 24 existing mitigation trees are to be left on site as-is 33 existing mitigation trees are to be transplanted to other areas on site 5 additional mitigation trees will be installed on site" Parks and Recreation - The Park Dedication for the entire Blue Cross parcel (including what is proposed to be Terra Glenn) was satisfied through the dedication and development of what is now Skyhill Park. No additional park dedication is required. This development shall be subject to a cash trails dedication. The dedication is payable at the time of building permit at the rates then in effect. SUMMARY/CONCLUSION Select Senior Living of Eagan LLC is proposing to construct a 71-unit assisted living facility on 2.25 acres. The applicant is requesting approval of a Comprehensive Guide Plan Amendment and Planned Development Amendment to allow the change of use and increase in density. The proposed amendment will allow the introduction of high density residential in an area where medium density residential was approved. Deviations include: • Exceeding density allowed under R-4 zoning • Building setback less than 50 feet from Yankee Doodle Road • Parking setback less than 20 feet from Hunt Drive • Building coverage greater than 20 percent • Recreation area less than that required • Parking of less than two stalls per unit Deviations from typical City Code requirements can be accommodated through the proposed PD zoning. The applicant's narrative indicates that the amended use as proposed will have little impact on surrounding land uses from that which existed with the existing plan. The acceptability of the proposed Comprehensive Guide Plan Amendment and Planned Development Amendment with deviations to typical City Code standards is a policy matter to be determined by City officials. Compliance with the City's tree preservation ordinance as well as water quality will be confirmed at the time of building permit. Preliminary engineering plans (i.e. grading, drainage, utilities, etc.) appear acceptable and all engineering matters will be addressed with the building permit application for this project. Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 11 ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Land Use Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD_ (Special Area/ High Density), and a Planned Development Amendment to construct a 71 unit assisted living facility on 2.25 acres at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition, in the NW I/4 of Section 16. If approved the following conditions shall apply: i 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. The following exhibits are necessary for the agreement: a. Final Site Plan b.- Final Building Elevations c. Final Tree Preservation Plan d. Final Landscape Plan e. Final Site Lighting Plan 2. The property shall be replatted into a single lot. 3. The applicant shall petition the City separately for vacation of existing drainage and utility easements. 4. A revised Landscape Plan shall be submitted to match the plant schedule with the plantings shown on the plan. 5. The applicant shall fulfill the previously required tree mitigation conditions through the preservation and/or installation of sixty-two (62) Category B trees. 6. The applicant shall protect the preserved significant woodland areas through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 7. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 8. The developer shall dedicate drainage & utility easements over all public storm sewer and ponds within the lot. i Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 12 9. Prior to the City's issuance of a Land Disturbance Permit (LDP), the developer shall submit, in addition to the information required for a Land Disturbance and Erosion Control Plan (per City Code §4.32, Subd. 2.), all plans and specifications of the combination of stormwater best management practices and low impact development strategies to be employed to meet City water quality requirements. Such supplementary information shall be deemed acceptable by City Engineering and Water Resources staffs prior to the LDP application being considered complete. 10. The developer shall implement a combination of stormwater best management practices and low impact development strategies to achieve no-net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site or 50 percent TP and 80 percent TSS must be removed from stormwater runoff, whichever is more restrictive. 11. The developer shall implement a combination of stormwater best management practices and low impact development strategies to infiltrate the first one-half inch of stormwater runoff from any rainfall event from the entire site of this parcel, unless City, discretionarily modifies or waives this requirement, based on consideration of any of the following: a. soil borings indicate unsuitability for infiltration; b. infiltration of the equivalent runoff volume is accomplished elsewhere within the same City subdrainage district; c. potential of groundwater contamination exists due but not limited to such variables as: • geology that exposes aquifer vulnerability (e.g., karst, shallow bedrock, etc.); or • land use that causes high pollutant and sediment levels in stormwater (e.g., industrial areas, high vehicular traffic rights-of-way, etc.); or d. other circumstances that may affect feasible and prudent implementation. 12. This development may be subject to cash dedications in lieu of some of the water quality requirements, at the City's discretion. 13. The developer may elect to reconstruct City Pond CP-2.1, provided such a reconstruction is included among the combination of stormwater best management practices and low impact development strategies in the LDP application and provided such a reconstruction does not impact the wetland adjacent to City Pond CP-2.1. Reconstruction of City Pond CP-2.1 may be subject to City Code §11.67, Wetland Protection and Management Regulations. 14. The Civil and Landscape Plans shall be revised to accurately reflect Hunt Drive versus Hunt Street. 15. All recreation areas must be constructed with the development. Planning Report - March 25, 2008 Select Senior Living of Eagan LLC Page 13 16. All mechanical equipment shall be internal or screened from views from off the property consistent with City zoning ordinances. 17. Trash storage shall be inside the building. 18. All site signage shall comply with City Code requirements. 19. All building elevations shall match architecturally in respect to colors and materials. I 20. Prior to issuance of a building permit, the applicant shall consult with their lighting engineer to determine if adjustments in the lighting plan can be made to better illuminate the areas currently under 0.5 footcandles, provide more uniform light levels throughout the parking lot, and confirm that the lighting plan provides sufficient lighting for safety and security purposes 21. This development shall be subject to a cash trails dedication, payable at the time of building permit at the rates then in effect. 22. The building, recreation areas, trails and retaining wall shall be maintained by the property owner. 23. The Site Plan shall be revised to relocate the accessible parking stalls to the parking row east of the building. I Eagan Boundary A^ Right-of-way L® cat i o■N■ ■ Map Parcel Area Park Area Building Footprint i< ° ° I Q ° Q 4 6 ~ 13 0 ~ A. _a Ez;r WIN Mo. i op~go r~ dub a COU ROAD s(YANNEEODODLE ROAD) z v 71 J C) TEED r ® ~~N[ 191, o p 4r~ Subject Site C7 ~ 06 td P _ (3 Q D p q viw.cr u°c j 4 Ci v - d Q O. d ~ ~ 4 4 4 n Cd O ~ p~ d d 46 (7 - ggr3 o4~~.ao au.r wo°e uw ~ . ~ q q _ q 4 ~ ~ d - @ 4 0 - 0 ~ 4 -f Q d P a' d o~ doo ~ Q oI tg cv~ ~ e po M q ' woxn.cr wx ~ Q - C ~ p d O tj . ~o~r odi3~~F1 d o ~ o~ q o ~p_ o~'! t3 d Ih ~3 4• d ~1 p 0 p 6_ ©O E14~$ © 9~p- ~•o- :d d0 ©,0 13.. Q}aQ n - . 1000 0 1000 2000 Feet i I Development/Developer. Select Senior Living of Eagan Application: Comprehensive Plan Amendment Case No.: 16-CG-01-02-08 4* City Of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E 66 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 G°mmuNty Devel°°ment Denartmant not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Select Senior Living of Eagan Land Use Map Comprehensive Plan Amendment 16-CG-01-02-08 0 RD R-3 F-1 F-1 JPD Zoning Map R-3 R-4 R-9 •1 R-4 ~ A Current Zoning: Location La R•4 A PD COON OAD NO ANKEE DOODLE ROAD) Planned Development PF R-0 ~t R1 LL, PD PD PF .3 `68c+m ~ L1 C PD P d' PD L 60o 0 600 7200 Feet Comprehensive Guide Plan ' ~o ®I l; ~ MD mij I 925R FEW Land Use Map ;v 0 Me 1 tas P IND,tD= Q i ®1 Leo Aw ~ 0o a ® E ®1 ® 1HD® SA 1 Location ° 1 N' e.o tie ~ Current Land Use Designation: OOUN OADN ANKEE DOODLE ROAD) 1e D ~.e® SAND QP SA Special Area/Medium Density Po/s ~L QP FEW • 0 6 P m ®a VE ba p . O/S A ®D 600 0 600 1200 Feet ` dl a. _ parcel been map i jte(&rt j0,y Vided by Dakota County Land Survey Department Decmber 2005. N Zoning informaton maintained by City Staff. Ci of Ea aIl W E ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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Uw c~ c~ ~ 3 y t CIO :b :b d O _ cn 0 z: a) rd h R 64 A U i■ i■ or■ ffif■ me ME -!4 Q~ O O '.a O O on 'UU cd bA bD T~ _ ~ ~ Cp ~ O C/1 C%~ s' V 1 ('ems-j i IEMH o ~a~aw ~ ~ A~23dxxx o O y g I v~ Z/1 _ "Cl o - W U ~~S i I YANKEE DOODLE PROPERTIES, INC. 12415 - 55th Street N. Lake Elmo MN 55415 February 29, 2008 Pamela Dudziak, Planner CITY OF EAGAN 3830 Pilot Knob Road - Eagan MN 55122-1897 Re: Planned Development Amendment, Terra Glenn 3rd Addition Dear Ms. Dudziak: Yankee Doodle Properties, Inc. ("Applicant") hereby submits its written narrative in support of a planned development amendment for the property currently described as Select Senior Living of Eagan. The property is located west of the intersection of Birch Pond Road and Hunt Drive. Surrounding land uses include: (1) single-family detached homes in the Terra Glenn subdivision to the east and southeast of the property; (2) the campus of Blue Cross/Blue Shield directly south of the property; (3) Yankee Doodle Road and residential multiple (apartments) to the west of the property; and, (4) City-owned property and storm water ponds to the north and east of the property. As presently platted, the site is approved for the construction of 24 condominiums located in two, 12-unit buildings of two stories each in height. Each building contained its own underground parking structure, with surface parking created for overflow. The Applicant previously submitted a plan to construct 24 condominiums in a single, three-story structure above an underground parking garage containing 28 stalls. Each floor of the structure was to contain 8 condominium units. However, since submitting and obtaining approval of its earlier amendment, the market for condominiums has dropped sharply, and the Applicant is concerned that proceeding with the condominium plan would be economically unsound and lead to an overstock of unwanted housing within the City. Consequently, the Applicant desires to now amend the existing land use to construct a single, three-story structure to contain 71 elderly, assisted living units. Of the 71 units, 18 would be designated as "memory-care" units and 53 as "assisted care" units. From preliminary markets studies and discussions with various City and Dakota County officials, there is a significant need for such housing in Eagan. A total of 47 surface parking stalls are provided in the plan with an additional 34 under ground parking stalls. There are also 21 more parking stall that could be installed, if needed (proof of parking), which raises the total parking stalls to 102. The building will be of wood-frame construction above a poured wall foundation, with concrete plank (garage structure), with exterior finishes of the building including significant percentages of cultured stone and 1O brick veneer (19% of exterior surface, exclusive of windows)) and hardiplank (70%). Surface parking will be significantly screened to limit views from adjacent roadways and surrounding uses. The Applicant anticipates commencement of construction immediately following approval of. the planned development amendment and receipt of all applicable permits. Construction would be continuous, with completion approximately ten months after commencement. I The amended use proposed will have little impact on surrounding land uses from that which existed with the existing plan. Overall height will be compatible with the apartment structures to the north of the property. Because the use will be assisted living, the Applicant believes strongly that traffic generated to and from the site will be substantially less than that that would have existed under the original or earlier revised condominium plans. The Applicant believes the amended use results in a better land use and has less impact on city schools, parks, water and sewers usage. We have attached a bullet point highlight sheet that addresses each comment that City staff has raised in preliminary reviews (see attached sheet from the architect). One of the major concerns was the saving of trees along Yankee Doodle Road. Accordingly, the building has been shifted southward and will not be damaging or removing any of the trees that are in the existing berm. The Applicant also believes there is a significant public benefit to the City by adopting this proposed plan amendment. With the leading edge of the post-World War II "baby boomers" now entering their retirement years and the influence that generation has had on "wellness" programs for their parents and older siblings, an increasing, elderly demographic exists that is inadequately served as they become unable to live in and properly maintain their existing homes. While still ambulatory and able to function without extensive nursing care, many of these individuals are seeking living "assistance", but are not ready or willing to enter a traditional nursing home facility. The inventory of "assisted living" sites is not yet adequate to meet this rising demand. By approving this plan amendment, the City would help alleviate the existing shortfall while removing a use (condominiums) that has a more than adequate supply at the present time. 1~ LABS Architectural Services, LLCM Lang (Lars) Glockzin Architect Tuesday, March 04, 2008 Project: Select Senior Living of Eagan Hunt Drive Eagan, Minnesota Sarah Thomas: i First, I would like to thank you for highlighting the elements of concern. After review of the comments, along with review of the Municipal code Section 11, the following descriptions are indicated on the drawings. This building has been designated as an R-4 facility. This indicates a multiple residence complex. The primary function of this facility is to provide a home for residents that require a mild level of j Memory Care and Assistant Living. • Per my conversation with the Fire Marshall, the Fire Department Access lane will extend to the NW corner of the building, as indicated on Sheet A1.0. I am currently reviewing an option of using what I call a "Drive Mat". I have used this type of an option for Hockey Arenas. It is basically a Geo mat that supports the vehicles, but provides a pervious grass drive lane. This would be maintained ie: snow removal. It may be of interest. The road to the South has been renamed to Hunt Drive. • I have provided general site details per your request. Additional information will be submitted with the building submittal. The number of Units = 18 Memory Care Bedrooms, and 53 Assisted Living 1 Bedroom Efficiency Apartments. Memory Care Bedrooms If this was converted to apartments, my experience has shown that efficiency units are not marketable. These would need to be converted to a minimum of 1- bedroom units. Assisted Living Efficiency Apartments: We have (53) 1 bedroom units. Again this is not a strong market. But it would be very easy to convert the 1 bed units to 3 bed units. Very marketable The conversion would equal the following: (22) 3 Bed Units (22) 1 Bed Units 44 Total Converted Apartments Exhibit "A" show a possible option to converting the Units into Apartments. 115 River Street, Hudson 54016 (715) 386 -7355 Fax (715) 386-7355 cell (612) 240-7004 E-mail: LARS 100@sbcglobal.net -2- March 5, 2008 • The drawings have been revised to provide 47 (10'x19') Surface Parking Stalls, and 34 (9'x19') Garage Parking Stalls, for a total of 81 Stalls. I understand your concern if this facility changed use at a later date. I have attached another scenario indicating what is called Proof of Parking. Since we believe in enhancing the site with additional landscaping and green space, and realizing that the vast majority of the residents are not capable of driving, we are proposing increasing the green space of the site. If at such time the change of use is implemented, an additional 21 Parking stalls could be added. This would reduce the green space areas to 34.8%. • I have indicated the recreational spaces on the site plan. The orientation of the building provides unique opportunities to view the natural elements that exist. I am proposing a future trail with a decorative rock and guardrail system to overlook the pond to the East. The Courtyard will provide a very pleasing environment overlooking the pond, for the residents of the facility. The secondary courtyard will provide the memory care residents a safe area to enjoy. The Patio located in the NW comer of the site also provides an area for the residents to use. • The building has been slightly relocated to avoid the existing retaining wall located approximately along the North property line, which gives us the opportunity to maintain the existing tree line and vegetation, in a natural state, along Yankee Doodle Road. • The facility will be providing resident storage cubicles of 150 cubic feet each. • The Main entrance will be noted, and the controlled vestibule will have a call box for access to the facility. There will be on-duty staff 24 hours. • All exterior lighting will be fully shielded, and the bleeding of light at the property line is at a minimum. • I have indicated a walk that connects the facility to the existing walk along Hunt Drive. • All colors of the building will be of earthtone values, which will include hardiplank, hardishakes, brick, and cultured stones to create a warm soft image. Interest is added with the unique truss configuration at -the entry, along with the enhanced trim details. • The monument sign will be required to follow the local zoning ordinances. • All mechanical elements to be internal. This facility will provide a comfortable environment for the elderly. Circulation areas both inside and out have been enhanced for their comfort, and safety. If you need anything else feel free to contact me. Thank you for your efforts Sarah, and the city of Eagan. Sincerely: Lars Glockzin ~g 115 River Street, Hudson WI 54016 (715) 386 -7355 Fax (715) 386-7355 cell (612) 240-7009 E-mail: LARS 100@sbcglobal.net In 621 Lilac Drive North CLAR K Minneapolis, Minnesota 55422-4609 ENGINEERING CORPORATION (763) 545-9196 Structural Fax: (763) 541-0056 March 5, 2008 Civil Fax: (763) 525-1666 Ms. Sara Thomas www.clark-eng.com City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 I RE: Select Senior Living of Eagan Development Plan Resubmittal Eagan, MN Dear Ms. Thomas, Attached for your review are the revised grading plan, utility plaiVpaving plan, detail sheet, final plat and landscape plan. We have included four (4) full-size copies and two reduced per the city requirements. To facilitate your review, we have made the following modifications; • The proposed building was shifted to the south to eliminate any impact to the existing woods on the north end of the building. • Underground parking was added to the building, please refer to the architectural drawings for more detail. • The interior islands in the parking lot were modified to be biofiltration areas. These depressed islands will infiltrate a portion of the parking lot storm water runoff prior to overflowing into the proposed storm sewer. • The fire access roads were modified to provide greater access around the perimeter of the building. The architect discussed this requirement with the Fire Marshall to ensure this revise plan meet the city's requirements. • During our meeting, the city expressed specific concerns regarding existing trees on the property. The original grading on the property required this site to plant 62 mitigation trees. Based on our count, there are 57 existing trees that were planted. Our tree inventory, showing the locations of theses existing trees can he seen on the Landscaping Plan (Ll • The existing woods line to the north and west were field identified and placed on the plan. Our proposed project does not impact these areas; please refer to our Grading, Erosion Control and Tree Preservation Plan (C 1) that shows our limits of construction. Tree preservation fencing will be placed in accordance with city requirements. • Of the 57 existing trees that were previously plants, 33 will need to be relocated onsite. These trees are labeled on the Landscaping Plan (L.l ) and our Tree Preservation Plan (C 1), In order to comply with the original city requirement of 62 trees, 5 additional Minneapolis Aberdeen Sioux Falls Minnesota South Dakota Q South Dakota An Equal Opportunity Employer Select Senior Living of Eagan City Resnbmittal Eagan, MN March 5, ?008 mitigation trees have been added to the Landscape Plan (L1). These trees are specifically labeled. In addition to this tree mitigation requirement, landscaping has been added to the project to comply with city code. • The Final Plat submitted contains drainage and utility easements as was required by the Engineering Department. Please review our additional information and feel free to call me at 763-595-3107 with any questions you may have. Sincerely, CLARK ENGINEERING CORPORATION Ryan Bluhm, P.E. Civil Engineering Department Manager I ~I I' f i~ i ~I YANKEE DOODLE PROPERTIES, INC. 12415 - 55`h Street N. Lake Elmo MN 55415 April 5, 2008 Sarah Thomas, Planner RECEIVED APR 071008 CITY OF EAGAN 3830 Pilot Knob Road Eagan MN 55122-1897 Re: Planned, Development Amendment, Select Senior Living of Eagan Addition Dear Ms. Thomas: I Yankee Doodle Properties, Inc. ("Applicant") hereby submits a revised written narrative with comments regarding staff reports and planning and zoning actions in regards to a planned development amendment for the property currently described as Select Senior Living of Eagan. The property is located west of the intersection of Birch Pond Road and Hunt Drive. Surrounding land uses include: (1) single-family detached homes in the Terra Glenn subdivision to the east and southeast of the property; (2) the campus of Blue Cross/Blue Shield directly south of the property; (3) Yankee Doodle Road and residential multiple (apartments) to the west of the property; and, (4) City-owned property and storm water ponds to the north and east of the property. As presently platted, the site is approved for the construction of 24 condominiums located in two, 12-unit buildings of two stories each in height. Each building contained its own underground parking structure, with surface parking created for overflow. The Applicant previously submitted a plan to construct 24 condominiums in a single, three-story structure above an underground parking garage containing 28 stalls. Each floor of the structure was to contain 8 condominium units. However, since submitting and obtaining approval of its earlier amendment, the market for condominiums has dropped sharply, and the Applicant is concerned that proceeding with the condominium plan would be economically unsound and lead to an overstock of unwanted housing within the City. Consequently, the Applicant submitted a three-story structure to contain 71 elderly, assisted living units. Of the 71 units, 18 would be designated as "memory-care" units and 53 as "assisted care" units. After attending the Planning and Zoning meeting and hearing the commissioner's concerns and meeting again with staff, we have revised the structure and site plan as follows: Density: Submitted 71 units (18 memory care, 53 assisted living) . Revised plan 63 units (15 memory care, 48 assisted living) f . II Building Coverage: Originally submitted- building footprint is 21,588 sq. ft. (22%) Revised plan- building footprint is 19,230 sq. ft. (19.6%) City code is 20% or less Setbacks: Originally submitted- we requested a setback variance from Yankee Doodle road Revised plan- shows 50 ft set back from Yankee Doodle road no variance needed Adjusted the parking stalls to be more than the required 20 ft. set back from Hunt Drive. Building Exterior: The brick veneer has been applied to all four sides to represent each side as a front view. Recreation Area: Originally submitted - 8,850 sq. ft. Revised plan- Approx. 10,235 sq. ft which is still less than the City requirement of 12,600 sq ft. However, with an assisted senior building there is little need for play ground equipment or park area on this site Another City a park is with in a few blocks. Trails and court yards to accommodate the resident's enjoyment of the outdoors, which over looks a pond to the east and woods to the west have been incorporated in the new plan. Parking: Originally submitted- 81 parking stalls (under ground 34 stalls; 47 surface stalls) Revised plan- 34 underground, 51 surface, which is 1.35 stalls per unit. The HDCP stalls have been relocated adjacent to the main entry. We have visited other senior facilities in the area and have found they have much less parking then we are proposing and have much greater densities. For example Commons has 27 stalls in front of the building (visitor parking) and in the back 58 more stalls (for employees and residents) for a total of 85 outside stalls. The building has 140 units. I Site Lighting: We will match the boulevard lights and place them to achieve at least 1 fc at the parking areas. The entry will incorporate decorative lights and the courtyards to be softy lit. Trails will be also softy light to give a resort type feeling. The candela will be sumitted to staff for approvals. Storm Water: Staff report indicated three concerns regarding storm water runoff. 1) The original pond design was not constructed as it was approved by Lundgren brothers. 2) The proposed development is showing an increase of impervious area over the originally approved. 3) The first one-half inch of storm water runoff on the site must be contend and infiltrated. The revised plan with the smaller building sizes and less exterior parking stall will help the over all storm water control issue along with re-garding the existing pond and installing rain gardens in the island of the parking lots. After meeting with city staff we are looking into collecting the storm water and reusing it for irrigation on site, (a holding tank on site with an irrigation system) From preliminary market studies and discussions with various City and Dakota County officials, there is a significant need for Senior housing in Eagan. The building will be of wood-frame construction above a poured wall foundation, with concrete plank (garage structure), with exterior finishes of the building including significant percentages of cultured stone and brick veneer (21.8% of exterior surface, exclusive of windows)) and hardiplank (75.8%). Surface parking will be significantly screened to limit views from adjacent roadways and surrounding uses. The Applicant anticipates commencement of construction immediately following approval of the planned development amendment and receipt of all applicable permits. Construction would be continuous, with completion approximately ten months after commencement. The amended use proposed will have little impact on surrounding land uses from that which existed with the existing plan. Overall height will be compatible with the apartment structures to the north of the property. Because the use will be assisted living, the Applicant believes strongly that traffic generated to and from the site will be substantially less than that that would have existed under the original or earlier revised condominium plans. The Applicant believes the amended use results in a better land use and has less impact on city schools, parks, and water and sewers usage. One of the major concerns was the saving of trees along Yankee Doodle Road. Accordingly, the building has been shifted southward and will not be damaging or removing any of the trees that are in the existing berm. The Applicant also believes there is a significant public benefit to the City by adopting this proposed plan amendment. With the leading edge of the post-World War II "baby boomers" now entering their retirement years and the influence that generation has had on "wellness" programs for their parents and older siblings, an increasing, elderly demographic exists that is inadequately served as they become unable to live in and properly maintain their existing homes. While still ambulatory and able to function without extensive nursing care, many of these individuals are seeking living "assistance", but are not ready or willing to enter a traditional nursing home facility. The inventory of "assisted living" sites is not yet adequate to meet this rising demand. By approving this plan amendment, the City would help alleviate the existing shortfall while removing a use (condominiums) that has a more than adequate supply at the present time. 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V5 Ei rn 7777 w on ~ :...--Noya13s of L'6E9 - IMH_ -------i 1 I I ( I~`~~ o a~ Gr f - a fd I _l'tb'M-JNiNINi~ti 9NItSi>f3-- - (Pwdlb,Pe9We AOI GI~P'N'bs OBZ'U AaMetl fiuo;y Ae~re~4N+•I~1 web aP1M 4-.4-...• OI ✓r ~7 ~I I s ~ I ~ ~Sll ; ~ c 11 7$ dFy ~ N m r v JI E s O = a = ~I ~ _ I o e I I ~ U r 1 I Z I a ~U dnax I a\ ~ z 1 -j rt I ( -¢I - I I < 1 ~I 1 0 a d.DCIH - dUQH 1 O 1 LIJ \r5 ~ f 1 j i I m ♦I ~ ~ ~ o S 1 1 I ( o died O ` \ \ ,.4 i~ J~~.~ 0 U I i S \ 1 I aS o(q5 Y 1 I ~ I to o _ N~V813S DOE o 0 m x:uk:.., ~s:i P.:-!Fd _ ~'ed sse~~x-eenwUV Greg wUp j______ o- 31N3S`d3 J Ullin 01 J aAllp SS900V p3 'c00ti. i ~f.)Z ! ~~11 C-4 W. d MIN Q C MR LLI H■ i L/ F i I S ME ta/ E/ $k MIN E. ME ran E■ c~ ~i bA _ es■ ct w 4 rum «3 i 19~ Agenda Information Memo July 15, 2008 Eagan City Council Meeting C. DANIEL DRIVE TRAFFIC STUDY ACTION TO BE CONSIDERED: Receive the Daniel Drive Traffic Study prepared by staff. FACTS: • The resurfacing of Daniel Drive south of Diffley Road was programmed for 2008 in the City's 5- Year Capital Improvement Program. • On February 13, 2008, City staff held an informational neighborhood meeting for Project 966 for all interested residents. Three attending residents submitted a petition from 15 property owners requesting that Daniel Drive be narrowed and a sidewalk installed on the south side as part of the pavement rehabilitation improvement. • On February 19 the City Council held a public hearing, including the presentation of the feasibility report for the rehabilitation of this street. Public discussion followed the presentation. • Traffic concerns were presented by some of the adjacent property owners. Requests for all-way stop signs at the intersection of Curry Trail and Daniel Drive, narrowing of the street and the installation of sidewalk were all presented as desirable solutions to the expressed traffic concerns. • As a result of the public input, the City Council directed staff to prepare a traffic study for Daniel Drive with analysis of the suggested resolutions. • An informational neighborhood meeting was held on June 26 for the adjacent property owners and other interested parties to discuss the completed traffic study. Of the 21 single-family properties invited, 5 residents representing 5 properties attended the informational meeting (see attached meeting minutes). 2 residents representing 1 property attended as a result of informational signage about the meeting being placed in the boulevard. • The traffic study concluded Daniel Drive experiences a relatively low traffic volume with little or no cut-through traffic. A majority of motorists driving on Daniel Drive originate from, or are destined for, the area immediately surrounding Daniel Drive. Accordingly, chokers/neckdowns, radar speed display signs and roadway narrowing, would not be cost effective strategies to address the speeding concerns. Educational tools would be the most cost effective response to the speeding concerns. • The study shows the construction of a concrete sidewalk is the most cost effective response to the pedestrian safety concerns. Construction of a sidewalk would also bring this segment of Daniel Drive into compliance with the City's Community Trail System Policy. Adequate right-of-way width exists for the construction of a sidewalk without narrowing the street. • Construction of a concrete sidewalk should only be considered if the neighborhood can arrive at a consensus regarding which side of Daniel Drive the sidewalk should be constructed. It would make the most cost efficient use of the previous sidewalk and trail investments in the neighborhood to continue the existing sidewalk along the west side of Daniel Drive and connect to the trail on the north side of Lexington Pointe Parkway. Per City Assessment policy, 100% of the cost to construct a sidewalk along a minor collector roadway in a residential area would be paid by the City's Major Street Fund. ISSUES: • The development agreement for the Diffley Market Place provides a $20,000 safety improvement dedication for a 3-year period. A petition by a majority of the owners of the impacted properties requesting specific public improvements, all of which, other than a sidewalk/trail, would be specially assessed according to city policy, could justify the use of this funding for said improvements. The petition and associated improvements would need to be completed before the expiration of the dedication. ATTACHMENTS: • Location Map on pa e/ "d • Traffic Study, pages through. • Neighborhood Meeting Minutes, pageand I i F- 0 i~ a YANKEE DOODLE ROAD w > ¢ ~G Z U V s u~ W Z ° W m2Cn ~o I L WESCO17 ROAD CITY HALL HALL P~ ~O / QO DR. Study Location o DIFFLEY ROAD ~gNiFC N F1 oR $ \ LEXINGTON p a pErt+EU WILDERNESS M O ~~O RUN Ra. Y O a 1 CLIFF ROAD A I o ~rON HILL FARK , LE~A~~GIQ~AL 6-77-2008 LEXINGTON POINTE-PARKWAY/DANIEL DRIVE City of Eaja TRAFFIC STUDY Figure 2 Engineering Department LOCATION MAP I CL 06 City of Ekm TO: RUSS MATTHYS, CITY ENGINEER FROM: TIM PLATH, TRANSPORTATION ENGINEER DATE: JUNE 24, 2008 Revised 7-3-08 SUBJECT: DANIEL DRIVE TRAFFIC STUDY I BACKGROUND DISCUSSION During review of the proposed Diffley-Marketplace development in 2005-2006, residents living along Daniel Drive expressed concerns regarding existing vehicle speeds and pedestrian safety. Additional concerns were expressed regarding traffic generated by the proposed development and the effects it would have on these issues. A formal resident petition requesting the installation of an all-way stop condition at the intersection of Daniel Drive and Curry Trail was later received. As part of the negotiated settlement of the Diffley-Marketplace litigation, the developer provided $20,000 to the City's Major Street Fund designated for safety improvements. On February 11, 2008, a Neighborhood Meeting was held for Project 968 which provides street revitalization improvements to Daniel Drive and Lexington Pointe Parkway. The Neighborhood Meeting was attended by three (3) residents. At the meeting, a resident petition signed by 15 property owners was received which requested the narrowing of Daniel Drive and the installation of a sidewalk. The petition states, "As a resident who lives on Daniel Drive or utilizes Daniel Drive for vehicle purposes, we request the Eagan City Council to narrow the width of the street in the same manner as Denmark Avenue. This will allow a sidewalk to be installed without cutting into existing property and will also slow down traffic, which currently has a pattern of speeding down the length of the street. We believe this will increase traffic and pedestrian safety particularly with the incoming addition of an access way into a large retail development on our street." The petition did not indicate which side of Daniel Drive the requested sidewalk should be installed. A petitioner's map is shown in Figure 1. The petition was formally discussed during the Public Hearing for Project 968 on February 19, 2008. Three (3) residents attended the Public Hearing and expressed their concerns regarding pedestrian safety, additional traffic on Daniel Drive from the Diffley- Marketplace development and the speed of current traffic. Additional discussion regarding the potential delay of the revitalization improvements on Daniel Drive until the results of the traffic study were available was concluded with the Council's consensus that the revitalization improvements should proceed as planned. The City Council GATim Plath\'OKMemos0aniel Drive Traffic Study-Final.doc ) 41105- I I directed Staff to conduct a study of traffic safety mitigations and report findings back to the Council. EXISTING CONDITIONS Daniel Drive is a minor collector roadway which intersects Diffley Road (County Road 30) approximately 1,850 ft (0.35 miles) east of Lexington Avenue (County Road 43). Figure 2 indicates the general location of Daniel Drive. Daniel Drive continues south from its intersection with Diffley Road for approximately 2,550 feet (0.50 miles) until it changes name and becomes Lexington Pointe Parkway. There are three horizontal curves along Daniel Drive. The first is located approximately 200 feet south of Diffley Road. A second curve is located approximately 1,300 feet south of Diffley Road and the third curve is located at the south end where Daniel Drive becomes Lexington Point Parkway. The posted speed is 30 mph. The existing horizontal and vertical alignments along Daniel Drive are consistent with current City Code requirements for minor collector roadways. Daniel Drive is a 44-foot wide roadway, as shown in Figure 3, which provides for two (2) traffic lanes and two (2) parking lanes. The right-of-way is 80-feet wide for a majority of the roadway except a 750 foot segment south of Diffley Road where the right-of-way varies between 70 and 80 feet. The existing street and right-of-way widths are consistent with current City Code requirements for minor collector roadways. Currently, there is a 5-foot concrete sidewalk from Diffley Road to 200 feet south on the west side of Daniel Drive as shown in Figure 4. The balance of Daniel Drive does not have sidewalk. The City did not have policy requirement for the installation of sidewalks/trails along minor collector roadways at the time Daniel Drive was constructed in 1989. The current City of Eagan Community Trail System Policy, which was adopted by the City Council on December 13, 2004, requires the installation a 6-foot concrete sidewalk on one (1) side of minor collector roadways. The current levels of intersection control are shown in Figure 5. Two-way stop conditions are present at Braddock Trail (north and south) and Curry Trail (north and south) with Daniel Drive having the non-stop condition at all intersections. The Trenton Trail intersection is controlled by a Yield condition for traffic on Trenton Trail entering Daniel Drive. These levels of intersection control are consistent with other minor collector roadways within the City of Eagan. TRAFFIC DATA Traffic volume data was collected for a 48-hour period beginning at 2:30 p.m. on Wednesday, April 23, 2008 and ending at 2:30 p.m. on Friday, April 25, 2008. The average daily traffic on Daniel Drive varies between 790 vehicles per day (vpd) and 1,190 vpd as shown in Figure 6. Minor collector roadways generally have traffic volumes of 1,500 vpd or greater. The existing traffic volumes recorded on Daniel Drive are significantly less than anticipated and experienced on other minor collector roadways 17 ~O I in the City of Eagan. Additionally, the existing traffic volumes do not indicate significant amount of "cut-through" traffic. ("Cut-through" is a term used to describe traffic not related to the adjacent area that uses a less direct but more convenient route to a particular destination.) Therefore, the vast majority of motorists driving on Daniel Drive originate from, or are destined for, the area immediately surrounding Daniel Drive. Speed data was also collected during the same 48-hour period. Speed data is often presented in terms of the "85th percentile speed". The "85th percentile speed" is the speed below which 85 percent of the vehicles travel and above which 15 percent of the vehicles travel. The data collected on Daniel Drive found 85th percentile speeds between 32.1 mph and 38.6 mph as shown in Figure 7. Currently, the City of Eagan does not have a j policy which defines when a speeding problem warrants corrective action. A brief review of traffic calming policies for communities around the state and country found the following thresholds, relative to the 85th percentile speed, to define a speeding issue on collector roadways which warrants corrective action: 5 mph or More 8 mph or More 9 mph or More Above Posted Speed Above Posted Speed Above Posted Speed Blaine, MN Newport News, VA Rockville, MD Madison, WI San Antonio, TX Several traffic calming policies also considered traffic volume in defining a speed problem. Past practice in the City of Eagan has used a 5 mph differential between the posted speed and the 85th percentile speed to identify a speeding issue. ALL-WAY STOP ANALYSIS Based on a previous petition request and City Council direction at the February 19, 2008, Public Hearing for Project 968, an analysis was conducted to determine if an all-way stop condition is warranted for the north intersection of Daniel Drive and Curry Trail. A stop sign is used to assign right-of-way at intersections and can help inform people that they should stop before proceeding into the intersection. Stop signs should not be used for speed control. Inappropriately placed stop signs can be even more dangerous than the current two-way stop controlled intersection. The installation of stop signs is based on guidelines established by the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). The MnMUTCD contains requirements, or "warrants", used by cities, counties, and the state to determine whether it' is appropriate to install various traffic control signs and devices, including stop signs. The applicable warrants which need to be met in this situation pertain to crash history and traffic volumes. The MnMUTCD defines a crash problem as 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. Such crashes I T7 include right- and left-turn collisions as well as right-angle collisions. No crashes have been recorded at this intersection between January 1, 2002 and December 31, 2007, so this warrant is not met. The volume warrant has two parts. First, the total vehicular volume entering the intersection from the Daniel Drive approaches must average at least 300 vehicles per hour for any 8 hours of an average day. Second, the combined vehicular, pedestrian, and bicycle volume entering the intersection from the Curry Trail approaches must average at least 200 units per hour for the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour. Both parts need to be satisfied in order for this warrant to be met. The total volume entering the intersection from the Daniel Drive approaches averaged 49 vehicles per hour for the highest 8 hours which is considerably less than the required average of 300 vehicles per hour. The total volume entering the intersection from the Curry Trail approaches averaged 24 vehicles per hour for the highest 8 hours which is considerably less than the required average of 200 units per hour. Therefore, the volume warrant is not met. Since no warrants were met, the installation of an all-way stop condition is not appropriate at this location. As part of the stop sign analysis, an intersection sight distance evaluation was conducted to determine if adequate sight distance exists for motorists to safely approach and maneuver through the intersection. The evaluation consists of reviewing corners of the intersection to determine if sight obstructions are present within the sight triangle. The sight triangle for this intersection is formed by starting at the point of intersection of the gutter lines and moving away from the intersection 30 feet in each direction. Any items between 2.5 feet and 8 feet tall within this triangle are considered sight obstructions and must be removed/relocated by the property owner in accordance with City Code. Sight obstructions consisting of three (3) shrubs/landscaping were found at the northwest corner. A letter will be sent to the property owner informing them of their responsibility to remove/relocate the sight obstructions from the sight triangle. RESPONSES TO TRAFFIC AND PEDESTRIAN SAFETY CONCERNS Responses to concerns regarding excessive traffic speeds/volumes and pedestrian safety are generally addressed by using three important tools: education, enforcement, and engineering. EDUCATION Public education can be an effective tool to help change the attitude and behavior of drivers. Educational efforts aim at addressing the possibility that residents of the affected neighborhood are not attentive to the speeds at which they are driving and that modifications of their own driving behavior may solve the problem. These efforts are cost-effective. The majority of these techniques help to reduce vehicle speeds which provide a secondary benefit to pedestrian safety. Some educational efforts that can be used include: • Neighborhood Meeting - Organize a meeting with the affected neighborhood to discuss the specific traffic issues for the neighborhood and recommend ways for residents to personally reduce speeds and increase traffic/pedestrian safety in their neighborhood. • Traffic Safety Newsletter - Preparation of a newsletter describing the traffic concerns and recommendations. The newsletter may provide information on traffic speeds and pedestrians in the area, as well as reminders of traffic/pedestrian laws and safety tips. • Speed Trailer - Use of a portable trailer equipped with a radar unit, which detects the speed of passing vehicles and displays it on a reader board. The trailer shows drivers their actual speed versus the posted speed limit and encourages compliance. The device also helps by-standers to gauge how fast the posted speed limit looks as drivers pass by. • Neighborhood Pledge or "Pace" Cars - A pledge form may be distributed through the neighborhood to encourage neighbors to commit to driving the speed limit. The drivers of these "pace" cars will lead by example through their neighborhood and others. • "Walking School Bus" Program - Neighborhood develops a system using trusted and responsible parents, older children or volunteers to become "Walking School Bus Drivers." These "drivers" walk a set route, much like a school bus, collecting or "picking up" children along the route, follow-the-leader style and walks them to school. ENFORCEMENT Increased levels of law enforcement may encourage motorists to drive at the posted speeds or penalize those who do not. The enforcement component may include issuance of warning tickets and/or traffic citations by police officers. This approach is effective when consistently high levels of enforcement are implemented, which is a costly response to the concern and impractical due to budget limitations. ENGINEERING A structural modification is made to the roadway environment that encourages vehicles to drive at reduced vehicle speeds. Engineering tools are relatively costly. Without an approved policy, it is difficult to define whether a traffic or pedestrian safety problem exists which requires corrective action utilizing engineering tools. Further, it is difficult to evaluate the appropriateness of the multitude of engineering tools available without a policy which identifies acceptable methods. Therefore, this evaluation will only consider engineering tools that have already been installed within the City of Eagan, more specifically along Denmark Avenue. Following is a summary of potential engineering tools which provide speed reduction and pedestrian safety improvements: Choker/Neckdown Definition: A physical reduction of road width through the use of curb extensions. Chokers are typically constructed _ between intersections while neckdowns are typically installed at an intersection. Advantages Easily negotiable by large vehicles (such as fire trucks and winter maintenance) • Creates protected on-street parking bays • May have positive aesthetic value if landscaped and maintained by adjacent property owners • May reduce both speed and volume Disadvantages: • Will require pedestrians/bicyclists to briefly merge with vehicular traffic • Will require the elimination of some on-street parking Effectiveness • Average of 4% decrease in the 85th percentile travel speeds, or from an average of 34.9 to 32.3 miles per hour (combined average for various narrowing measures, taken from a sample of 7 sites) • Minor decrease in traffic volume Roadway Narrowing Definition: The physical reduction of road width through elimination of a parking lane or a shoulder over an r extended length of roadway. Advantages: • Provides additional boulevard width for potential installation of sidewalk • May reduce traffic speeds and volumes Disadvantages: • Will decrease available parking • May create minor impacts to existing landscaping within street R/W • May require relocation of mailboxes, hydrants, catch basins, streetlights, etc. ~on III • The removal of the safety/parking lane results in restrictions to traffic movement with frequent stops by mail delivery and refuse pickup service vehicles creating safety concerns that may equal or exceed the benefit. • Can create drainage problems for existing adjacent driveways and yards. • Excessive cost Effectiveness: • Roadway narrowing appears to have some effectiveness in several Metro communities, however, little statistical data is available to determine level of effectiveness i Sidewalk Construction Definition: Construction of a concrete sidewalk for pedestrian and bicycle use. Advantages • Separates peds/bicyclists from vehicles • Conforms to City's Transportation Plan Policies • Mitigates negative impacts to peds/bicyclists created by potential chokers Disadvantages: • May create minor impacts to existing landscaping within street R/W • May require relocation of mailboxes, hydrants, streetlights • Creates an increase in snow removal requirements • May decrease snow storage Effectiveness: • Installation of sidewalk reduces likelihood and severity of peds/bicyclists being struck by vehicles I II Landscaping I Definition: Plantings adjacent to roadway that attempt to reduce the spatial volume of the street or to enhance the _ appearance of the street environment. pct Advantages: • May be aesthetically pleasing • May decrease vehicle speeds Disadvantages • Require maintenance • May decrease snow storage space Effectiveness: • Not statistically significant Radar Speed Display Sign Definition: j -w$ Communicate speed of travel to the driver through a combination of radar and LED's. ~JPU';:. Gr Advantages: • Supplements other alternatives Disadvantages: • Not self-enforcing • Cost Effectiveness: • City of St. Paul has experienced 2-3 mph reduction in 85th percentile speeds As previously mentioned, engineering tools to reduce traffic speeds and/or provide pedestrian safety improvements are costly. The traffic and pedestrian safety improvements on Denmark Avenue were constructed in 2006 and consisted of narrowing the roadway 8-feet by eliminating the parking lane along the west side of the road to better accommodate the construction of a 5-foot sidewalk due to insufficient ROW. Additionally, landscaped chokers/neckdowns were constructed in two (2) locations. One (1) radar speed display sign was also installed. The cost of these improvements, III, II including construction, engineering and administrative costs, was approximately $400,000. ($/LF) $150? The following table provides a comparison between the existing roadway and traffic conditions on Daniel Drive with those that existed on Denmark Avenue prior to the 2006 improvements: I Daniel Drive Denmark Avenue Roadway Length 2,550 feet (0.50 miles) 2,650 feet (0.50 miles) Functional Classification Minor Collector Minor Collector Adjacent Land Use Low Density Low and Medium Residential Residential Year of Construction 1989 Early-mid 1970's Street Width 44 feet 44 feet Right-of-Way Width 70-80 feet 60 feet Traffic Volume 790-1,190 vpd 2,925-4,684 vpd Cut-through Traffic less than 5% 46% (estimated) 85t Percentile Speed 32.1-38.6 mph 33.2-39.2 mph Average Neighborhood Meeting Attendance 3 people 30 people Driveways Connecting to Roadway 21 29 Residences with Direct Access to Roadway 21 61 Significant differences are noted in right-of-way width, traffic volume and amount of cut- through traffic. ICI CONCLUSIONS Daniel Drive experiences a relatively low traffic volume with little or no cut-through traffic. This indicates that engineering tools, such as chokers/neckdowns, radar speed display signs and roadway narrowing, would not be cost effective strategies to address the speeding concerns. Similarly, enforcement tools would not be cost effective since a majority of motorists driving on Daniel Drive originate from, or are destined for, the area immediately surrounding Daniel Drive. Educational tools are the most cost effective response to the speeding concerns. The construction of a concrete sidewalk is the most cost effective response to the pedestrian safety concerns. Construction of a sidewalk would also bring this segment of Daniel Drive into compliance with the City's Community Trail System Policy. Since adequate right-of-way width exists for the construction of a sidewalk without narrowing, it is recommended that no street narrowing be constructed. Construction of a concrete sidewalk should only be considered if the neighborhood can arrive at a consensus I I I regarding which side of Daniel Drive the sidewalk should be constructed. It would make the most cost efficient use of the previous sidewalk and trail investments in the neighborhood to continue the existing sidewalk along the west side of Daniel Drive and connect to the trail on the north side of Lexington Pointe Parkway. Per City Assessment policy, 100% of the cost to construct a sidewalk along a minor collector roadway in a residential area would be paid by the City's Major Street Fund. Since adequate ROW exists to accommodate a sidewalk, all additional costs associated with narrowing the street should be assessed equally to all properties fronting the roadway. I I I Q ~l I .ary a2>, = PETITIONERS O O I DIFFLEY ROAD (CSAH 30) o_ I 4213 L.~ 7 y BRADDOCK Z 21 V o v au, 4129 a2n V O ( - _ 1/v aza, , ~ \ J Dog / ~ III 921 J jl~/ C maul U 920 424 Q 926 Q 4 42'' azsz~ m9 629 Y I~J /'~`C ( / O _42k. O \l VVV E] 9 LJ ° aaa, 0 /1 B~pDOC C ED qnE~ QQ C~ o a a rr] o a aP~ a f~ p ~ /1 ~ ~ pPR Ej 1:3 F GXnmPlath\B-\DANIEL OR TR PETMON 06112108 Daniel Drive Trail y City of Evan Fig. 1 Petitioners Map Engineering Department O J ~ \ a YANKEE DOODLE ROAD > ¢ ~G ¢ ^ n Z ILJ•VV) y ° Z ¢ w O r p m2m J 'AQ WESCOTT ROAD CITY HALL HALL ~O DI R ~ Q~ Y QO i Study Location - ° o~ DIFFLEY ROAD 1 OgNiFC oR $ \ LEXINGTON p D Q O WILDERNESS CIO RWV RD. _ O (j O FL 1 CLIFF ROAD a 0 n ` o 1 SON giLL f,,4RT BAR g GIONAL 6-11-2008 LEXINGTON POINTS-PARKWAY/DANIEL DRIVE City of Eap TRAFFIC STUDY Figure 2 Engineering Department LOCATION MAP c C M At, 2il FTe. 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U) NOOaab418 NOl11WVH Y J Q~ Q 14Y lb LJJ l W U O ~o o Z W 0- 0 v~lss3r a-w L) LO - ° Z 00 O CD Z 'N1 213MO1d411M X 10 M3H11VW W ~ J w J J Z z (D 10 NV3S Z X W I K 10 Y U K Q a LEXINGTON AVE. 0 F J ~ N E r~ z Z a-. a 0 Y 0~ ~ a~ W 4158 AMNd X31 131NVCI\b' annJ8\4leldw!1:J INFORMATIONAL NEIGHBORHOOD MEETING DANIEL DRIVE TRAFFIC STUDY City of Evan THURSDAY, JUNE 26, 2008 6:30 P.M. EAGAN ROOM, CITY HALL i Attendance: Russ Matthys, City Engineer; Tim Plath, Transportation Engineer; Greg Johnson, Police Lieutenant; 7 residents representing 6 properties. A. Presentation of Project Details • Matthys introduced Plath and Johnson and explained the Council direction to prepare a traffic study- for Daniel Drive. Plath presented the study. Questions were answered throughout the presentation. B. Questions/Comments 1. How will neighborhood access to Diffley Marketplace function? Plath explained and presented the Diffley Marketplace site plan. Access will be by a one-way, entrance only, driveway from Daniel Drive to the new development, as well as the other accesses to the adjacent county highways. 2. If one parking lane on Daniel Drive is removed (signed No Parking), this would not impact the two traffic lanes? Correct. 3. What would narrowing the street for the construction of a new sidewalk do to traffic? The report will address. 4. If the neighborhood were constructed today as a new development, would Daniel Drive have a sidewalk? Yes, in accordance with the 2004 Community Transportation Trail System Policy. 5. Why were traffic counters not placed between Lexington Avenue and Wildflower Lane for the traffic study data collection? Due to a lack of equipment and street segment is not equal/comparable to Daniel Drive (no direct driveway access). 6. Most recorded 85th percentile speeds are in excess of 5 mph above speed limit? Yes. 7. I've seen accidents during the review period, however the report states no accidents? They may not have been reported. Regardless, much fewer accidents than 5 per year required for stop sign warrant. Correct. 8. Would neighborhood distribute educational flyers about traffic concerns? That is an option - if Council directs staff to do so, we will. 9. Do development conditions change with Cub Foods rather than Rademacher grocery store? No. Agreement is between City and developer. All conditions remain. 10. Safe Routes to School - What did the City do about getting funding? Everything possible to educate and encourage all 3 school districts to apply. Only Red Pine GARuss MatthysV08\Misc\Danie1 Drive Traffic Study Minutes.doc Elementary applied for and attained funding. Discussed Blue Cross Blue Shield funding options considered by Northview Elementary principal. Encouraged residents to contact school district representatives. 11. Concerned about kids crossing Diffley from school to get to new (attractive) shops at Diffley Marketplace. Short of installing fence, there are no practical physical means to prevent pedestrians from crossing roads in specific locations. Parents will need to educate children to use the signalized crossings at Lexington Avenue and Braddock Trail which provide safer crossing locations. Plath continued presentation with a Denmark Avenue / Daniel Drive comparison. Lt. Johnson shared that history and data on Daniel Drive indicate traffic belongs to neighborhood - makes it a lower priority for enforcement. 12. What about speed trailer efficiency? Tends to drop vehicle speeds right away, but speeds go back up after short time. Police have similar thoughts about permanent signs. 13. How about moving "permanent" signs around? St. Paul has been trying this out. No data is available. 14. Would landscaping occur with narrowing? It could, but landscaping, by itself, is a tool. This is a good option for the neighborhood. How about City funding? Not per City policy. 15. What would be the cost of the narrowing for the residents? Rough estimate of Denmark Avenue for narrowing $25-$30/LF. Could get that information if staff is directed to prepare a feasibility report by the City Council at the July 15 meeting. 16. Any suggestions for where sidewalk should go? West side. Existing sidewalk is on the west side, shops at Diffley Marketplace will be a destination, more people with access to west side. Could end at the northwest corner of Braddock Trail (southern intersection). 17. I live on the west side. I would not want a sidewalk without narrowing the street. 18. Very nice job on the study. What will grocery store do to neighborhood traffic? One-way only entrance/driveway does a great deal to benefit/limit traffic. There should not be a noticeable increase in traffic south of the entrance. The segment between Diffley Road and the new entrance will see additional traffic coming from Diffley Road and destined for areas on the east side of the development. 19. What would cause the City to narrow the street? A signed petition by a majority of the residents on Daniel Drive agreeing to pay 100% of the cost. Look at comparison of Daniel Drive and Denmark Avenue in study. It clearly justifies why Denmark was narrowed for the sidewalk construction. 20. How many trips per household per day were estimated for the study? 10 per house (national average). 21. Estimated assessment for reconstruction (30-40 years from now) of street with narrowing? Possibly $3,000 (today's cost). GARuss MatthysV08\ vlisc\Danie1 Drive Traffic Study Minutes.doc 1 22. Could staff meet with neighborhood residents to educate and help develop consensus for narrowing street at neighborhood cost (assessment) to avoid Denmark neighborhood problems? Yes, with Council direction. 23. Can we use $20,000 contributed by developer for street narrowing? Yes, with Council approval. There is a 3-year limit on the funding availability. 24. Can we get traffic counts used for study? Yes, in pdf file format. Lt. Johnson provided Neighborhood Watch coordinator contact information. i I II' it II II III I~ II G:\Russ Matthys\'08\Misc\Daniel Drive Traffic Study Minutes.doc NEIGHBORHOOD MEETING Daniel Drive Traffic Study Thursday, June 26, 2008 City of Eap 6:30 p.m. NAME ADDRESS 3. tl s ~.-,1 l1©rc U 4 6 t~4 Y Z S ~cc i` l`K 55 Z 3 4. l~a~~ PLS-i-oPFey- e Lcmca5t. iAe-f 5. 6. zl ~49 ay) c~y,) 55~~3 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ~l G:\Forms\Sign-In Sheets\SIGN-IN.SHT & Iogo.doc Agenda Information Memo July 15, 2008, Eagan City Council Meeting VIII. NEW BUSINESS A. PRELIMINARY SUBDIVISION (LINDSTROM ACRES 2ND ADDITION) - WILLIAM REILLY ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) of a Preliminary Subdivision (Lindstrom Acres 2'd Addition) to relocate the lot lines upon 2950 and 2953 Skyline Drive, legally described as part of Lot 13, Zehnder Acres and Lot 1, Block 1, Lindstrom Acres, located in the SE 1/4 of Section 4, subject to the conditions listed in the APC minutes. I REQUIRED VOTE FOR APPROVAL: Majority of Council Members present. FACTS: ➢ The site consists to two single lots, both containing existing single-family homes. ➢ The combined site is 3.76 acres. The proposed subdivision will spit off the southerly 195 feet from the easterly lot, which will then be combined with the westerly lot. ➢ The two resulting lots will be 2.77 acres and 0.99 acres. Both lots will satisfy setback and lot coverage standards of the R-1 zoning district. ➢ No new construction is proposed with this subdivision. ISSUES: None 120-DAY AGENCY ACTION DEADLINE: September 19, 2008 ~I ATTACHMENTS (3): Location Map, pagesow t June 24, 2008 APC minutes, pages t Planning Report, paged/ through I Eagan Boundary Right-of-way Par Area Location Map ~Park Area k Area 0 Building Footprint r / / wnroRRrz eErcrER °yv fv( ~ p © oorowRW °EIRER CURVE p u E Rv oR Rvoiu Ca -1-W co HIEHVIewRVE oa ~ C] P ° 0 ~ Q ~ P ~ ~ Ali 4 .REOlV:EW.VE 6 p c V~ 0 a o E3 c 0` 01 0 -r r 11 Y p d7 °o r~ a Subject Site E 8 0 0 Q •?y © (t oR d 1{ ~h q 9 qq e ,fir ~ O 2ti b ~ ~ q ~ m o 6 G 0 Q O `/l a o o p~ a O 0 r.rx ~d N.IRlfll 4R! ~ _ ~i ~ ~ ~ ~e ~ 9 • p a ~ Q ~ .d° ' q p lD Q q ~ a S 0 C P© £7 o c p 7 0 Q P °Q f~ p C ° © Q [7 O 4 Q C7 a r a ~B 0 .o CA- U r 4 4 a J2r 0 Q p Q- e E``} © f7 s Q V e o tiQ ~ 4 S~ ~ q a 8 QP0Q q®= RgdQ 44 a Q ~ 6 4 Qo 0 I ° LJ j '4*RR ~ ~ ® ® ~ p a o b a ~0 0~ j WRRR, Q. ° oq 0 1 - a "V [V °C~ L~ rte] b ° O ° 1000 0 1000 2000 Feet Development/Developer: Lindstrom 2nd Addition Application: Preliminary Subdivision Case No.: 04-PS-02-05-08 I -7 N City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. APC Minutes June 24, 2008 Page 2 of 6 IV. PUBLIC HEARINGS A. Lindstrom Acres 2nd Addition Applicant Name: Homeowner Location: 2950 & 2953 Skyline Drive; Lot 13, Block 1, Zehnder Acres & Lot 1, Block 1, Lindstrom Acres Application: Preliminary Subdivision A Preliminary Subdivision of 2 lots. File Number: 04-PS-02-05-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 12, 2008. She noted the background and history. Vice Chair Chavez opened the public hearing. Mark Ogorman, 1467 Lone Oak Road, inquired about whether there would be an easement between the properties for possible extension of Skyline Drive. He stated concern for the number of houses to be placed in the divided lots and the height of the new homes. Melissa Lang, 1465 Lone Oak Road, inquired about the extension of Skyline Drive to Lone Oak Road. There being no further public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Assistant City Engineer John Gorder explained that there are currently no plans to extend Skyline Road and stated the adjacent properties will use other routes for access. Planner Dudziak explained that the R-1 zoning district has a building height maximum of 35 feet, and stated no additional development is proposed with this subdivision. Co-applicant, Bill Reilly, 2950 Skyline Road, explained that it is the desire of the property owners to maintain the natural feel of the land and not to develop the property. He stated there is no need or plan for an easement at this time. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision to relocate the lot lines upon 2950 and 2953 Skyline Drive, legally described as part of Lot 13, Zehnder Acres and Lot 1, Block 1, Lindstrom Acres, located in the SE'/4 of Section 4 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 61 2. The property shall be platted. A vote was taken. All voted in favor. Motion carried: 4-0. i'II I ~1 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 12, 2008 CASE: 04-PS-02-05-08 APPLICANT: William Reilly HEARING DATE: June 24, 2008 PROPERTY APPLICATION OWNER: William Reilly DATE: May 21, 2008 Stephanie & Paul Lindstrom REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 2950 & 2953 Skyline Drive COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision (Lindstrom Acres 2°d Addition) to relocate the lot lines upon 2950 and 2953 Skyline Drive, legally described as part of Lot 13, Zeli ider Acres and Lot 1, Block 1, Lindstrom Acres, located in the SE F/4 of Section 4. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C.. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage ~ 1 Planning Report - Lindstrom Acres 2nd June 27, 2008 Page 2 and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E.. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely mariner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). 1, That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Wafter Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Cleric to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The home on the easterly lot was built in 1996, and the home on the westerly lot was built in 2001 Planning Report - Lindstrom Acres 2nd .June 27, 2008 Page 3 EXISTING CONDITIONS The site consists of two platted lots, each approximately 1.8 acres in size. Both lots contain single-family homes and are largely wooded.. Access is provided from Skyline Drive, a cul-de- sac which abuts the northerly edge of these two lots. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zoning Laud Use Designation North Single-Family R-l, Single-Family LD, Low Density East Single-Family R-l, Single-Family LD, Low Density South Single-Family R-1, Single-Family LD, Low Density West Single-Family R-1, Sin le-Family LD, Low Density EVALUATION OF REQUEST Proposal - The owner of the westerly lot is acquiring the southerly portion of the easterly lot. In order to create a new lot line and provide for the conveyance of the property from one to the other, a subdivision is necessary. Lots -The combined site is 3.76 acres, and each existing lot is approximately 1.9 acres. The subdivision proposes to subdivide the easterly lot, splitting off the southerly 195 feet. The southerly 195 feet will then be combined with the westerly lot. The two resulting lots will be 2.77 acres and 0.99 acres in size. Bulk Standards - Both lots will continue to satisfy the setback and lot coverage standards of the R-1 zoning district. With no new construction, there will be no grading of the site, no tree removal and no need for wetland delineation or water quality measures. Grading/ Topography - No grading is necessary to accommodate the proposed lot line change. Stonn Drainage - No stone sewer modifications or improvements will be necessary to accommodate the proposed lot line changes with this development. Utilities - Both existing houses are connected to City utility services. Streets/ Access/ Circulation - Public street access for both lots is from Skyline Drive to the north, and will remain unchanged with this development. Planning Report - Lindstrom Acres 2nd June 27, 2008 Page 4 Right-of--Way - A triangular portion of Skyline Drive was dedicated with the Lindstrom Acres plat in 2001 to provide adequate public street access for 2953 Skyline Drive (proposed Lot 1). This right-of-way will be maintained with the proposed plat. Financial Obligation - There are no balances of special assessments on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat, At this time, there are no pending assessments on the parcel proposed for platting. i This development should accept its additional financial obligations as defined below in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: improvement Use Rate Quantity Amount Water Main Trunk R1 $1,250/ lot 1 lot $1,250 Total $1,254 Parks and Recreation - Since no additional lots are being created, and no new dwelling units added, there are no park and trail dedications due with this subdivision. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision to relocate the lot lines upon 2950 and 2953 Skyline Drive. The subdivision is proposed to permit the southern portion of the easterly lot to be conveyed and combined with the westerly lot. There is no new development proposed with this subdivision, and no new lots will be created. ACTION TO BE CONSIDERED To recomrnend approval of a Preliminary Subdivision to relocate the lot lines upon 2950 and 2953 Skyline Drive, legally described as part of Lot 13, Zehnder Acres and Lot 1, Block 1, Lindstrom Acres, located in the SE %a of Section 4. If approved, the following conditions should apply. 1, The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A 1, B 1 2, The property shall be platted. ~1 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-WaY 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4, This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 _ September 15. 1987 Revised: July 10, 1990 Revised: February 2 1993 LTS#5 STANDARD,CON Fagan Boundary s Right-of-way ~ParAreaa Cal Location ■BY■■■ap Parkk Area Building Footprint r 41 G 0 4 P P o a o n O . ca D d p 0 0 1? ~n..., p a t? ' cp 0 57 I o ~g o Q ~ 4 a bvd~➢ a °°r ap o aap o°, a Subject Site o Q Ctiu o 04 0 4* ➢ a o b• 4 ° C d as a Ca C+ d° Q Q 4Od 2itl ~ µ ~ 13 ~ o B ~ ~ ~ G° C i ~ 6 O 44 aa :I ~ K7 (f6 °1 ~ Cf~ o D ° ~ Q' Q' s a ° ° a P p Q a O t po c, ➢ o ca o G Q Ca ,71 o o ty ➢ d U ~J Y II A _ t D 0 (1 a ; ➢ d rr D 0 ° a o za Q $ d ~ Q a o. q~. a ca to c iy 4 c 4 t7 d _ 0 P p 00 -F ~a .owaun as ~ _ 0 U yy - ~ • p b 6 A a pd C II 13 1000 0 1000 2000 Feel i I Development/Developer. Lindstrom 2nd Addition Application: Preliminary Subdivision Case No.: 04-PS-02-05-08 N City of wan THIS MAP IS INTENDED FOR REFERENCE USE ONLY 1V G The City of Eagan and Dakota County do not guarantee the accurney of this Information and are S Community 0avotopmant Dopartmont not respornsible for errors or omissions. I Current Zoning and Comprehensive Guide Plan Land Use Map William Reilly Prelim. Subdivision 04-PS-02-05-08 Zoning Map a a n; o a o o V Lti G c (j - D P} Y I ~ 0 ° Li ! n i Gqa ^ [I 0 Lt ° l;. U tC z s Location a Current Zoning: Qua N R. a A LS ° ~ `d ~ ll .I o R-1 D G _i R ? 4 1 pa Single-Family P p R• 1= ; ' v c a , A v Fo ~ 6 n 41 D r. ~ th p 4 D a 49 E, ~ ~G J n ..ro• D D ~ J, to ry ti v ~ 3 P D 9 Jt,. ~E'D'.J'.... P!' ~s 3 C c~ Q C P U - d a. rz, goo a aoo aaao F..t ©~a►G7 PF Comprehensive Guide Plan P " ° n n ° ° rv~ b o G a Land Use Map ❑ t u D u x A ~ o's c1, 11 ~1i P 9 0 ° n aabc tam q Location 4c;p da~y0 ~G°~ D f D D ~ uc n ~ 0 ';J V ~ o Current Land Use Designation: D y ° oG V„ q u t LD . ° ~d o w ra ° 4 Low Density rr n a 6 it ®r Q - 8+ u 0 G' r. D D 1? p G t c ❑ n q 17 r ti d V Z 4 c 6~ Q f? S7 ❑ a P 5~'~7 s V~~ f 4 ~4 vT .=c ra°I} .c ~D- o t~ JS i1 t ® ry qP too o coo 1200 rW Paecaf 4a.a map Infarmoeon proNdaby Dakota Counky t.ondSUVay DoparlmoA Dacmtrv aaD3, ~ ~z Z.0.9 Information malntolnod b7Clty Stan G City of tli[p THIS MAP IS INTENDED FOR REFERENCE USE ONLY WV E The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S ' 4. ~1~x ; X ~c cs ~ ~ ' ~ y • t Y tY,t rv ~y ~z s r ~7 35`: { - v _ J ff fit , . kr ;.'rq~i T + ~ 'ti ' ~ sr` rr x , [P r _ r VyTt~ J~~ ~[F' L~ t ~K► ~{G✓ 1 ~77t .1 ~ t: 7 )JJf • a~~~ r _ f~ } - -rt a♦/~ ~l ` tti ` r - . l !s. 7 .?~'.♦~.y.~ ~ S"r° `rjl r'-+~-1 y! ~~T.`Ra ~.i' L. 1`-y ~ _ ~ / ~ A''`te , f - ~ ,t{it~ l~y r ll. t _ , ``t J _ } _!J~`~r .r \~t rrtl(~ l~Q; ~e 1 r `nf r ` st tl-9 r5 ?..Tlr } F• A h' s y_ ,i_r r~» ' ~.f ,1 i ~9 61 &-7 S p X ui o U o s F~F x a C tC b ~ ~ q LSY n e yy~ `e3N s14 Eh 1' x J~ N d iY d v Ai Z £ C H atCnt ~T;. `l £ C i n 9 mnux= 5'ce zR C'_4 s 3~ o u° 4 m m n H a s ak« a aw:a" 2iz° a L_U n u j ck: IN ell E icy E ~ " I V ~llJ4~'1•Q - ~I `r\ iii E N tz~ 1 ~S. E ~E7 Z ~ Its i e ata ..i I R t•1 0~ I Agenda Information Memo July 15, 2008 Eagan City Council I VIII. NEW BUSINESS B. COMMUNITY TELEVISION MEMORANDUMS OF UNDERSTANDING WITH THE CITY OF BURNSVILLE, THOMSON REUTERS CORPORATION AND ADDITIONAL ACTIONS TO FACILITATE NEW STUDIO OPERATION & STAFFING ACTION TO BE CONSIDERED: To approve a Joint Resolution and Memorandum of Understanding with the City of Burnsville regarding community television responsibilities subject to a mutually agreed upon channel line- up; to also approve a separate MOU with Thomson Reuters (d/b/a West Services, Inc.) for new studio space; and authorization for a technical consultant to plan the new Eagan Television studio and master control for a City cost not to exceed $30,000. FACTS: ➢ On May 13, 2008, direction was given by the Eagan City Council to seek a new studio location for its Community Television operations because the lease at the existing facility expires at the end of the year. ➢ The preferred location for the facility was a corporate location in Eagan that provides a professional atmosphere, reduced costs, and the ability to create a high end studio with 24-7 access and security. ➢ Having now successfully concluded negotiations, it can now be revealed that the corporate location is the Thomson Reuters Corporation, and they are providing space for work stations, edit suites, equipment storage, and meeting room, plus co-designing a shared video studio. ➢ The arrangement also includes access to conference rooms, set storage space and the building cafeteria. ➢ The City will pay for related utility expenses and long distance phone charges, but related expenses for use of the premises are waived because Eagan agrees to provide a mutually agreed upon number of hours of video production services while still providing a full range of Community Television access to the public in the new E-TV studio. ➢ The City will invest approximately $200,000 in camera and studio equipment from franchise fees or existing Community TV fund balance (not the City's fund balance) to support its operations. This equipment is owned by the City should it ever need to relocate. ➢ The Burnsville City Council has also engaged a new partner and has decided to locate its studio in Burnsville High School. A Memorandum of Understanding (MOU) is necessary 9 I to replace the existing Joint Powers Agreement and govern a refashioned community programming effort. ➢ A revised Joint Resolution and MOU were negotiated by the respective city attorneys and staff and on July 8, 2008, the Burnsville City Council approved that agreement which now comes to Eagan for action. ➢ The agreement is ready for adoption and contemplates an eventual appendix specifying which channels will be shared or populated by each city. However, because Burnsville presented a channel line-up that may be different from what Eagan will propose, it is the recommendation of the City Attorney that Eagan's action on the MOU with Burnsville specifically condition its approval on a mutually agreed to channel line up. ➢ Further the agreement specifically outlines the responsibilities of the cities going forward, restates the city's commitment to public access television, and creates a methodology for sharing the Mobile Production van and the allocation of equipment. ➢ As a consequence of the altered arrangement with Burnsville, the joint Burnsville Eagan Telecommunications Commission (BETC) is necessarily dissolved. However, staff recommends that the appropriate structure for new Eagan-only governance be determined before the end of the year. While there are no pressing issues, the MOU with Burnsville does allow the reactivation of the Commission through the end of the year "as-needed" if there any regulatory matters that need to be handled. ➢ Director Garrison will give an update on other important aspects of the new structure, including school partnerships and staffing. ➢ Because Eagan will need to relocate its studio and video master control, a highly complex and technical endeavor, it is the recommendation of the team that has reviewed the studio move (Director Garrison, the City Attorney and Administrator Hedges) that a technical consultant to plan the new Eagan Television studio and master control be retained at a City cost of not to exceed $30,000. ATTACHMENTS: • MOU with City of Burnsville on page tombo, • MOU with Thomson Reuters/West Services on page tare • Schematic of new studio space on page. • Letter from Dr. Polly Reikowski, EHS Principal regarding mentor partnership on page JOINT RESOLUTION AND MEMORANDUM OF UNDERSTANDING REGARDING THE EXPANSION OF COMMUNITY PROGRAMMING AND RESPONSBILITIES FOR CABLE TV ADMINISTRATION THIS JOINT RESOLUTION AND MEMORANDUM OF UNDERSTANDING (MOU), between the CITYOF EAGAN, a Minnesota municipal corporation ("Eagan") and the CITY OF BURNSVILLE, a Minnesota municipal corporation ('Burnsville") is effective upon approval and execution by the parties. WHEREAS, the City of Eagan and the City of Burnsville have previously entered into a joint and cooperative agreement establishing the Burnsville/Eagan Telecommunications Commission (BETC) to serve as an advisory body for the respective cities regarding cable and other telecommunications issues, and; WHEREAS, the cities have determined it to be in their mutual interest to expand the BETC partnership, a goal which requires modification to the community programming and cable franchise administration functions within the respective cities, and; I WHEREAS, the cities wish to continue cooperation on specific cable television programming and activities, and; NOW, THEREFORE, BE IT RESOLVED, that in consideration of the mutual undertakings herein, the aforementioned Joint Powers Agreement between the cities, dated May 19, 1998, and as amended and restated July 16, 2007, is hereby terminated and the BETC is hereby dissolved effective immediately, but subject to being reconstituted and reconvened at the request of either City in order to address any matters necessary to officially wind up its affairs as provided for in Section XI of the joint and cooperative agreement. BE IT FURTHER RESOLVED, that in order to effect the dissolution BETC, distribute assets and provide for continued cable television, telecommunications and related activities, the parties agree as follows: CABLE TELEVISION FRANCHISE ADMINISTRATION AND REVENUES A. Each city shall be responsible for all coordination, administration and enforcement of its respective cable television franchises and telecommunications systems, including at their discretion the establishment of any advisory bodies or commissions. B. The Cities will apportion and distribute all revenues collected for BETC and any fund balance equally, and all subsequent revenues will be apportioned to each City based on its respective number of subscribers, or subsequent method of calculation mutually agreed to by the respective City and its franchisee(s). PERSONNEL. A. Each City shall be responsible for its own employees currently assigned in whole in part to BETC related duties. B. Future sharing of employees or provisions for mutual assistance may be undertaken by amendment of this agreement or by separate agreement of the cities. FACILITIES. A. Each City shall retain sole ownership and management of all real property and facilities located in each City, without compensation to the other City. B. The Cities, upon the effective date of this resolution, will undertake to terminate the existing lease of studio space consistent with the terms of the lease. Any costs of termination, including but not limited to removal of fixtures or equipment, repair of damages or other matters pertaining to the restoration of the premises shall be divided equally between the Cities. C. The Cities will cooperate in joint negotiations with the cable television franchisee regarding modifying or replacing any facilities necessary to provide cable programming within the respective Cities. EQUIPMENT. A. Following the completion of the pending inventory, audit and valuation of BETC equipment, the Commission equipment shall be apportioned and allocated equally between the Cities as mutually agreed. The Cities agree to not remove any equipment from the existing facilities prior to end of the lease term or facility shut down without the express permission of the other City. The equipment may be apportioned item by item or may be grouped or packaged by related or associated components (for example, by integrated edit suites, mobile studio sets, etc.) as the Cities deem necessary or appropriate to facilitate an efficient and equitable distribution of the existing equipment. B. If any disputes arise regarding particular pieces of equipment, the parties shall alternately select from a list of the items in dispute, with Eagan selecting first, Burnsville second and third, and Eagan fourth and fifth, and continuing in similar reverse alternate order until all equipment is apportioned. Any difference in total value of the apportioned property (both agreed to and disputed) shall be equalized by an adjustment to the distribution of the cash assets specified in the previous sections. The Eagan Administrator and Burnsville Manager may determine an alternate method of resolving disputes over the apportionment of current equipment. C. The mobile production van shall continue to be shared between the Cities. It will continue to be insured and maintained by the City of Burnsville. The Cities shall share overhead, maintenance and insurance costs equally. The Cities shall jointly budget for and approve any replacement or supplementary equipment for the van or for the van itself, and these costs shall also be shared equally, unless otherwise mutually agreed to prior to purchase of specific equipment. Should the van or its covered equipment be damaged or destroyed, the Cities will share equally any insurance proceeds, and similarly the cities shall share equally any proceeds upon sale of the van or equipment. The Cities shall approve a schedule and policy outlining the 2 a use of the van and equipment and any disputes regarding the van shall be resolved by the Eagan City Administrator and Burnsville City Manager. PROGRAMMING. A. The Cities shall cooperatively negotiate with the existing cable television franchisee regarding the existing Public, Education and Government (PEG) channels, and the possible realignment and use of these channels. B. All discrete or city specific channels will become the responsibility of the City providing programming for that channel. Channels assigned to the area schools, if any, will be the responsibility of those schools. C. Each City will be solely responsible for providing public studio facilities and equipment necessary for any private citizen use of the public access channels within each City. D. Tile cities aorce to facilitate the sliarfl w, of cornnrn.n7ity prograrni -7izig created by c1lirens alztl orgar7izatiorrs in their city for slto~~ ing or) the channels in the other city, consistel t ti-vitli arty PEG rules adopted by that City, E, Staff frorrm each city Nvill meet as needed to create schedules for rtse of the Mobilc t'rocittction Van and for di5cu,7sion of joint ormutually beneficial prog1_-a iiiiing opportri litie.s. INSURANCE. Except as specified above regarding the mobile production van, each City will, at its sole cost and expense, provide and maintain general liability and property insurance policies or coverage against claims for personal injury, death, or property damage (including all Communications Equipment) related to the personnel and equipment assigned or allocated to the respective City. INDEMNIFICATION. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. Each party's liability shall be governed by the provisions of Minnesota Statute Chapter 466 and other applicable law as modified hereby DISPUTE RESOLUTION. Any disputes regarding the interpretation of this Joint Resolution and Memorandum of Understanding or arising out of activities undertaken pursuant thereto shall be resolved by the City Administrator and City Manager for the Cities. If they unable to reach an agreement, either may request the matter be submitted to mediation. TERMINATION. This Agreement maybe modified by joint written agreement of the parties and may be terminated with or without cause, following 6 months written notice by any party. Termination of the agreement shall not affect any assignment of personnel or allocation of facilities or equipment made by this Memorandum of Understanding. NOTICES. All notices, requests and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: 3 C;Z 35 I If to Burnsville: City of Burnsville Craig Ebeling City Manager 100 Civic Center Parkway Burnsville, MN 55337 With Copy to: Burnsville City Attorney Campbell Knutson P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 If to Eagan: City of Eagan Thomas Hedges City Administrator 3830 Pilot Knob Road Eagan, MN 55122 With Copy to: Eagan City Attorney Severson Sheldon, Dougherty P.A. 7300 W. 147' St. Ste. 600 Apple Valley, MN 55124 WAIVER OF DEFAULT. Any waiver by either party of a default under the provisions of this Agreement by the other party will not operate or be construed as a waiver of a subsequent default. INVALIDITY OF PROVISIONS. If any term or provision of this Agreement or any application hereof to any person or circumstance is to any extent found to be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable will not be effected thereby and each term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law. ENTIRE AGREEMENT. This instrument herein contains the entire and only agreement between the parties and no oral statements or representations or prior written matter not contained in this instrument will have any force and effect. This Agreement cannot be modified in any way except by writing executed by both parties. GOVERNING LAW. This Agreement will be governed exclusively by the provisions hereof and by the laws of the State of Minnesota, as the same from time to time exists. IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day and year first above written. Dated: CITY OF BURNSVILLE 4' I III By: Elizabeth Kautz, Mayor By: Craig Ebeling, City Manager Dated: CITY OF EAGAN By: Mike Maguire, Mayor By: Maria Petersen, City Clerk I I I I I EXHIBIT "A" Description of Personnel, Facilities and Equipment IIII To be included as completed 5 J I, EXHIBIT "B" PEG Channel line-up I To be included as.negotiated I i 6 a MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF EAGAN AND WEST SERVICES INC. This Memorandum of Understanding is dated this day of , 2008, by and between the City of Eagan, a Minnesota municipal corporation (the "City") and West Services Inc., a Thomson Reuters business ("West") (collectively referred to as the "Parties"). WHEREAS, the City has a Telecommunications Commission and previously entered into a Joint Cooperative Agreement with the City of Burnsville ("Burnsville") to establish the Burnsville/Eagan Telecommunications Commission; and WHEREAS, the City and Burnsville have considered disbanding their joint commission and the City will likely operate its Commission separately; and WHEREAS, West is desirous of providing a portion of Building D located at West's corporate headquarters at 610 Opperman Drive, Eagan, Minnesota 55123; and WHEREAS, West is willing to provide the space and the City is willing to consider occupancy of the space all upon the terms and the conditions herein; and WHEREAS, the Parties desire to set forth this Memorandum of Understanding outlining the general terms of the arrangement with all additional details to be negotiated between the parties and amended to this Agreement. NOW, WHEREFORE, in consideration of the foregoing, the Parties hereby agree as follows: 1. Leased Premises - The City will occupy a designated portion of Building D at 610 Opperman Drive, Eagan, MN 55123, as set forth on Attachment A (the "Premises"), This space has been fully reconfigured and furniture has been provided. See Attachment A for specific floor plans. The City's use of the Premises is limited as follows: a. Dedicated Space i. 5 workstations ii. 3 enclosed edit suites iii. Storage space for tape and equipment iv. Repair shop V. Small meeting room b. Shared Space i. Video studio, control room and set storage ii. Cafeteria and break areas iii. Building lobby iv. Conference rooms (scheduled) a3-7 v. Mail drops and copy areas vi. Access to dock space and loading docks (scheduled) vii. Network connectivity as required viii. General parking 2. Term of Occupancy - This Agreement will become effective on the date set forth above the parties' signatures and shall expire on December 31, 2011. 3. Termination Option - Either party may terminate this Agreement at any time upon six month's written notice to the other party. Additionally, if The City shall breach any of the provisions of this Agreement or fail to observe West rules and regulations pertaining to the Premises, then West shall have the right to terminate this Agreement upon 30 days notice. Provided, that prior to West issuing any such notice, West must provide the City with written notice of any such breach together with a 30-day opportunity for the City to cure any such breach. 4. Consideration - In consideration for use of the Premises by the City and the waiver of certain "Related Expenses," the City shall provide video related services, the "Services," and technical support to West, on mutually agreeable terms. Service hours to West will be negotiated between the parties and amended to this agreement. 5. Related Expenses - Property tax, building maintenance and janitorial services are considered included in this transaction and the responsibility of West. Utilities and long distance telephone charges are the responsibility of the City. These will be billed annually and payment due within 45 days. 6. Services - Service shall include: a. Video production b. Video editing c. Post production graphic enhancement d. General project support 7. Audio and Video Production Equipment - The City will make a one time equipment investment of approximately $200,000 to operate its business. Equipment will be available for use by West, conditions of use to be negotiated between the parties and amended to this agreement. Required maintenance and upgrading of this equipment will be the sole responsibility of the City. S. Building Access and Compliance with Security Standards- The City, its clients, visitors and guests shall have 24 x 7 access to the Premises. The City, its clients, visitors and guests are subject to all West security policies as shall be provided to the City from time to time and the City is 2 responsible for informing its clients, visitors and guests of the policies including but not limited to: signing in at all designated building entrances, obtaining a visitor's badge and be escorted and accompanied throughout the all buildings at all times. The City agrees to comply with, and to inform its clients, visitors, and guests regarding all applicable West standards, guidelines, policies and procedures governing security, non-disclosure and protection of proprietary and confidential information, ownership of work product, and general conduct that are from time to time in place, posted, or conveyed to the City by West. The City is responsible for its clients', visitors' and guests' actions while on site at all times. 9. The City's Representations. The City represents and warrants that: 1. it has the full power and authority to enter into this Agreement; 2. it has inspected the Premises and accepts the same in "As Is" condition. The City covenants and agrees that it shall: 1, use the Premises for general office purposes only; 2. comply with all of West's Rules and Regulations concerning the use of the West facility; 3. conduct its business in a lawful manner; 4. comply with all laws, rules and regulations governing businesses in the City of Eagan and State of Minnesota; ; 5. keep the Premises and the furniture and equipment located therein in good condition; 6. vacate the Premises upon the expiration or earlier termination of this Agreement. The City shall not: 1. Use or store, or permit the use or storage of hazardous materials or other unlawful substances on the Premises; or 2. Commit waste of the Premises. It is expressly understood and agreed by and between the parties hereto that West is permitting occupancy of the Premises to the City in "As Is" condition. West makes no representations or warranties with respect to the condition of the Premises. 10. Insurance. The City shall maintain, at its sole cost and expense, insurance sufficient to cover all damages, liabilities and obligations arising from or related to the Agreement. At a minimum, the City shall maintain: Workers Compensation Statutory limits Employers Liability $1,000,000 a39 3 Comprehensive General Liability including Products/Completed Operations coverage, and Broad Form Contractual $2,000,000 General aggregate $1,000,000 Personal Injury $1,000,000 per event Automobile Liability $1,000,000 per occurrence, bodily injury and property damage Professional Liability $1,000,000 per claim 11. Upon request, the City shall provide West with a copy of its evidence of insurance, listing West as an additional insured for any claims relating to this Agreement. The evidence of insurance must include a statement from the carrier that the coverage is primary and will not participate with or be excess over any valid and collectable insurance carried by, or program of self-insurance maintained by West. The City shall notify West of any material change in its insurance coverage at least 30 days prior to any such change. NEITHER THE EXISTENCE OF, NOR THE ASSENT BY WEST TO THE TYPES OR LIMITS OF INSURANCE CARRIED BY THE CITY SHALL BE DEEMED A WAIVER OR RELEASE OFTHE CITY'S LIABILITY OR RESPONSIBILITIES UNDER THIS AGREEMENT. 12. Assignment - The City may not assign its space to any other party. 13. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 14. NOTICE ADDRESSES: WEST: West Services Inc. 610 Opperman Drive Eagan, MN 55123 Attn: Tom Walrath CITY: City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn: Tom Garrison Effective Date: 2008 I A40 4 i I LICENSOR: CITY: West Service Inc., a Thomson Reuters City of Eagan, a Minnesota municipal business corporation By: By: Mike Maguire Its: Its: Mayor ~I By: Maria Petersen Its: Clerk I ~~1 5 J.121~omsm Pegeaa~EeOmV OOBV,tlema~-YDLL~FAGAN GBtE N UYMIi_O51 SOBD«p. a Wh SItY3008 ]9):19 PM C c Mo =o c o; o_ o C 01 0 _ { o " vtll~ 0 C> 0 0 o y d V S Im m p o o Q loo F 1. a +I m a s _ o ~g o m g 3 n > p ~a m c m n s ~ ~ m i IMMMAMMMIAML I M ARM /lM\ 1 M ®M eMI Dr. Polly Reikowski, Principal 4185 BRADDOCK TRAIL Phone: 651.683.6900 EAGAN, MINNESOTA 55123-1575 Fax: 651.683.6910 Web: http://www.eagan.kl2.mn.us May 7, 2008 Mr. Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges, As you know, Eagan High School has had a long tradition of successful mentor program relationships with Eagan employers, including Thomson West (now Thomson Reuters). We are aware of the potential for a City of Eagan partnership with Thomson Reuters regarding state of the art Community Television studio space at Thomson facilities in Eagan. Eagan High School would be pleased to establish a mentor program relationship in connection with this exciting partnership. We envision forwarding names of motivated high school students-as available-who are interested in professional development in the areas of broadcasting (writing, producing, editing, reporting, videography), corporate communications or local government for your consideration. It is understood that because of space considerations, there may not be room for more than two students in a given trimester, and that in some trimesters there may or may not be motivated students with an interest in these areas. Being able to experience professional development in real work settings is an exciting and essential component to our students' education. Mentor students have excelled at the high school curriculum and are ready to go beyond what the school offers. The profile of a mentor student is one who has taken and excelled in Honors and Advanced Placement classes at Eagan High School. EHS looks forward to working with the City of Eagan, Community Television and Thomson Reuters to make this partnership effective and meaningful to our students. Sincerely, - r^^ ...i .>7 , t ~aucatioh ek. G ~ Q -6r. Polly Re6) ski Q g EHS Principal ca s o 5c~oo ~agah High Nationally Recognized School of Excellence • Technology Exemplar Award 1996 N,ti°n°Ily R-galzed INDEPENDENT SCHOOL DISTRICT 196 Rosemount, Apple Valley, Eagan Sch-1 E-ellen°e 2002 "Educating Students To Reach Their Full Potential" 0-,43