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08/19/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING August 19, 2008 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. 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) s~ A. APPROVE MINUTES 9, B. PERSONNEL ITEMS C. APPROVE Check Registers C®~ D. ACCEPT donation for a park bench to be located in Trapp Farm Park a _ /,5 E. APPROVE the final agreement with Dakota County for the temporary relocation of the Wescott Library to the Civic Arena West mezzanine. C F. ESTABLISH a winter parking schedule - Surrey Heights Drive G. APPROVE plans and specifications for Contract 08-08 (City-Wide Trail Improvements) I H. APPROVE plans and specifications for Contract 08-12 (Coventry Pond Neighborhood - Rain Gardens) L AUTHORIZE submittal letter of support for joint FIRST Grant for South of the River Intelligent Community Initiative. 3 J. APPROVE Information Technology Policy to be incorporated in the Personnel Policy K. ACCEPT donation on behalf of Police Department from Residential Mortgage Group i L. ACCEPT donation on behalf of Police Department from Anchor Bank V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS A. ORDINANCE AMENDMENT to Chapter 5 of the Eagan City Code regarding Wine, Beer and Liquor Licensing and Regulation to allow for 4:00 a.m. closing of on-sale establishments from September 1 to September 5. VI11. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE minutes of the August 4, 2008 EDA meeting. D. OLD BUSINESS c } , 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Extension of Pre-Development Agreement for Core Area with Doran Pratt Development. 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Discontinuation of Action to Acquire the Wingfoot/Perwien Property. E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT X. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION X111. ADJOURNMENT City of Ema TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 15, 2008 SUBJECT: AGENDA INFORMATION FOR AUGUST 19, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 19, 2008 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 19, 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 August 4, 2008 regular City Council meeting and minutes of the July 22, 2008 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the August 4, 2008 regular City Council meeting are enclosed on pages through . • Minutes of the July 22, 2008 Special City Council meeting are enclosed on pages _ through MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 4, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire Councilmembers Bakken, Fields, and Tilley. Councilmember Hunter was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, August 4, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hunter. 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 It was noted that two items would be added under Recognitions and Presentations. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS OATH OF OFFICE Newly appointed Councilmember Shawn Hunter was administered the Oath of Office. NATIONAL NIGHT OUT Information regarding National Night Out, Tuesday, August 5 was provided. Residents were encouraged to participate. BEYOND THE YELLOW RIBBON PROGRAM Mayor Maguire provided information regarding the Beyond the Yellow Ribbon Program, a program to assist veterans reintegrating into the community as well as providing support for families of deployed military personnel. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the July 15, 2008 regular City Council meeting and the July 8, 2008 Special City Council meeting as presented. PULLED: APPROVED: FIELDS - TILLEY 4-0 HUNTER ABSTAINED. B. Personnel Items 1. It was recommended to accept the letter of resignation from Jamie Bewley, part-time Clerical Tech IV in the Police Department. 2. It was recommended to approve the hiring of Fran Daugherty as a Community Development Intern. C. It was recommended to ratify the check registers dated July 17, 2008, July 24, 2008 and July 31, 2008 as presented. D. It was recommended to approve the list of election judges for the September 9, 2008 Primary Election. E. It was recommended to approve an On-Sale 3.2 Percent Malt Liquor (Beer) License for Delices De France Bakery, LLC dba Pardon My French, located at 1565 Cliff Road, Suite 1. F. It was recommended to approve an Off-Sale 3.2 Percent Malt Liquor (Beer) License for Wal-Mart Stores, Inc., dba Wal-Mart Store #1786, located at 1360 Town Centre Drive. G. It was recommended to approve a Tobacco License for Holiday Station Store, 2660 Eagan Woods Drive. Eagan City Council Meeting Minutes r August 4, 2008 Page 2 H. It was recommended to approve the 2009 Civic Arena operating budget, the 208-2009 ice rental rates, and the 2008 purchase of 2009 capital outlay items. 1. It was recommended to approve the Civic Arena fund retained earnings as the funding source for the mezzanine improvements. J. It was recommended to adopt a resolution allowing the City of Eagan to continue its participation in the Dakota Traffic Safety Program through 2009. K. It was recommended to approve an extension of the construction work hours for TMI Coatings, under City Contract 08-07 (Safari and Lexington / Diffley Reservoirs - Repainting) L. Removed M. It was recommended to receive the bids for Contract 08-01 (Pond LP-5I/Holland Lake - Storm Water Lift Staton Upgrade) and award the contract to Geislinger and Sons, Inc., for the Base Bid (including Fairbanks Morse pumps) in the amount of $675,510.00, and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve final payment for Contract 08-11, Citywide Sealcoat, in the amount of $14,845.20 to Pearson Brothers, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. 0. It was recommended to approve a 60-day extension of time to record the final plat for CCBC Addition, located in the NE '/4 of Section 03. P. It was recommended to approve a 120 day extension of time to record the final subdivision for Clearview 4th Addition, located in the NE t/4 of Section 03. Q. It was recommended to approve a Final Subdivision (Lundberg Addition) to create two industrial lots upon 3.3 acres located at 3195 Terminal Drive in the NE t/4 of Section 8. R. It was recommended to direct the City Attorney to prepare an amendment to Chapter 10, Section 10.5 1, relative to the City's ability to remove refuse. and trash from private property and assess cost of same. S. It was recommended to adopt a resolution approving a Premise Permit for the Metro Baseball League. T. It was recommended to cancel the August 12, 2008-special City Council meeting PUBLIC HEARINGS There were no public hearings. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT City Administrator Hedges introduced this item regarding a planned development amendment to allow the addition of a reader board to an existing pylon sign for the Valvoline Instant Oil Change at 1180 Yankee Doodle Road. City Planner Ridley gave a staff report. Mark Gilbertson, representing Valvoline, discussed the text size for the proposed signage. It was the consensus of the Council to allow three rows of 8 inch text on the reader board. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow the addition of a reader board to an existing pylon sign for the Valvoline Instant Oil Change at 1180 Yankee Doodle Road, legally described as Lot 1, Block 1, Town Centre 100 11th Addition, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. Recording the Agreement must be completed prior to issuance of any sign permit. 2. Sign permits must be obtained prior to replacing the existing signage or adding a reader board to the pylon sign. All other required permits will be applied for. 3. The pylon sign is limited to 76 square feet in area and shall not be moved from its current location. The message board shall have characters no less than eight (8) inches in height, per City Code. All other City Code requirements shall be met. Eagan City Council Meeting Minutes August 4, 2008 Page 3 F CONDITIONAL USE PERMIT AND VARIANCE City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow outside storage and a Variance to side yard pavement setbacks to permit a shared driveway upon Lot 2, Block 1, Lundberg Addition. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outside storage upon Lot 2, Block 1, Lundberg Addition, located in the NE'/4 of Section 8, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be subdivided and platted prior to issuance of the Conditional Use Permit 2. This Conditional Use Permit pertains only to proposed Lot 2, Block 1, Lundberg Addition. 3. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 4. Outdoor storage shall be limited to 20 trailers as depicted on the Site Plan dated July 1, 2008. 5. All trash and recyclables containers shall be stored inside the building, or within an enclosure constructed consistent with the provisions in the City Code. 6. The exterior building finish materials shall be modified to achieve compliance with the architectural standards ordinance. 7. A revised Site Lighting Plan shall be required at the time of building permit. The plan shall be revised to provide additional light in the rear outdoor storage area. The Site Lighting Plan shall be provided in a full- size to-scale format, and specifications for the fixtures shall be included. 8. The rain gardens shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. 9. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of the rain gardens. 10. Prior to issuance of a building permit, the means and methods by which the developer satisfies all City water quality requirements shall be reviewed by and be acceptable to City Engineering and Water Resources staff. 11. This development shall achieve no net increase of Total Phosphorus (TP) and Total Suspended Solids (TSS) loading or meet removal performance criteria of 50 percent TP and 80 percent TSS, whichever is more restrictive. 12. This development shall infiltrate or retain the first one-half inch of stormwater runoff from any rainfall event from: 1) new impervious areas of redevelopment activities and 2) the entire site of new development activities. 13. This development shall pay cash in lieu of on-site treatment for all portions of the parcel that do not satisfy water quality requirements, at the discretion of the City. 14. An ingress/egress easement, in a form acceptable to the City Attorney, shall be executed and recorded prior to the issuance of a building permit. 15. The Landscape Plan shall be modified to clearly identify, both graphically and within the legend, which trees are for mitigation purposes, and which are for landscaping. 16. Additional landscaping shall be provided around the transformer to fully screen it from views from off the property. 17. The Landscape Plan shall be signed by a registered landscape architect or certified nurseryperson. 18. A Tree Mitigation Plan satisfactory to the City Forester shall be required at the time of building permit. 19. A financial guarantee for the mitigation shall be submitted with the building permit application. The amount of the guarantee is to be determined by the City Forester, in compliance with the stipulations in the City's tree preservation ordinance. 20. The chain link sections of fence shall have slats installed to provide screening of the outdoor storage area. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Variance to side yard pavement setbacks to permit a shared driveway upon Lots 1 and 2, Block 1, Lundberg Addition, located in the NE '/4 of Section 8, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be subdivided and platted prior to the effectiveness of the Variance. v~ Eagan City Council Meeting Minutes August 4, 2008 Page 4 2. This Variance pertains to both proposed Lots 1 and 2, Block 1, Lundberg Addition. 3. 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. 4. An ingress/egress easement, in a form acceptable to the City Attorney, shall be executed and recorded prior to the issuance of a building permit. REZONING - CITY OF EAGAN City Administrator Hedges introduced this item regarding the termination of the Gift of Mary Planned Development and a rezoning from Planned Development to Agriculture for approximately 33 acres for property located at 510 Lone Oak Road. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Hunter seconded a motion to approve the termination of the Gift of Mary Planned Development for property legally described as Lot 1, Block 1, Gift of Mary, located at 510 Lone Oak Road. Aye: 5 Nay: 0 Councilmember Bakken moved, Councihnember Tilley seconded a motion to approve a rezoning from Planned Development to Agriculture for approximately 33 acres legally described as Lot 1, Block 1, Gift of Mary, located at 510 Lone Oak Road. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 7:23 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:35 p.m. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA 1. Consideration of authorizing serving of alcoholic beverages until 4:00 a.m. during the Republic National Convention. Rick Casper, owner of Casper's Sirloin Restaurant discussed the possibility of staying open later than normal during the Convention. Discussion was held regarding fees to be charged for the extra two hours the liquor establishments could remain open. Councilmembers agreed not to add an extra fee to the liquor license, however require that food be available during the extra hours. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff and the City Attorney to draft an ordinance amendment regarding a 4:00 a.m. closing for on-sale liquor license holders during the Republican National Convention. 2. Rescheduling of September 9 Special City Council meeting. Councihnember Bakken moved, Councilmember Fields seconded a motion to reschedule the September 9 Special City Council meeting to Thursday, September 11 due to the Primary Election. 3. Schedule public hearing for Ecumen Centennial House Expansion. Councihnember Fields moved, Councilmember Tilley seconded a motion to approve a resolution calling for a Public Hearing on September 2, 2008 to consider issuing tax exempt bonds on behalf of the Ecumen Centennial House expansion project in Apple Valley. Eagan City Council Meeting Minutes August 4, 2008 Page 5 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councihnember Hunter moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:15 p.m. Administrative Secretary / Deputy City Clerk Date j. MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JULY 22, 2008 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hunter and.Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Service VanOverbeke, Chief Financial Officer Pepper, Director of Parks and Recreation Johnson, Campus Facility Manager Vaughan, Superintendent of Parks Olson, Police Chief McDonald, Fire Chief Scott, Police Lieutenant Johnson, Deputy Chief Johnson, Community Development Director Hohenstein, Superintendent of Enterprise Operations Mesko and Communications Director Garrison. 1. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the meeting to order and welcomed newly appointed Councilmember Shawn Hunter to the Eagan City Council. Councilmember Bakken moved, Councilmember Fields seconded the motion to adopt the agenda as presented. Aye: 4, Nay: 0 (Councilmember Tilley not yet present.) II. PARKS AND RECREATION CAPITAL IMPROVEMENT PROGRAM (CIP) Mayor Maguire welcomed the Chair of the Advisory Parks and Recreation Commission (APrQ, Dorothy Peterson. City Administrator Hedges introduced the item noting that one of the primary responsibilities of the APrC is the annual preparation and updating of the departmental Capital Improvement Plan, which serves as a blueprint and planning guide for park projects. Hedges noted that funding for the CIP comes from the Park Site Fund, which is primarily money collected from developments at the time of platting in lieu of land dedication. APrC Chair Peterson, Parks and Recreation Director Johnson, and Superintendent of Parks Olson provided an overview of the proposed 2009-2013 CIP. Councilmember Tilley arrived at 5:45 p.m. Superintendent of Parks Olson summarized the alternative funding investigation completed by the APrC, and noted that continued discussion will be needed regarding funding as the Park Site Funding level is reduced. Special City Council Minutes July 22, 2008 Page 2 The City Council discussed the proposed projects in the CIP. Councilmember Fields suggested partnering with the Eagan Athletic Association on future projects, and suggested a meeting with the EAA Board to highlight City projects and discuss future partnership opportunities. The City Council discussed the funding set aside for a land acquisition within the CIP. Superintendent of Parks Olson noted that no identified properties have been suggested for acquisition in 2009. The City Council discussed the possibility of forming a foundation or partnering with an existing foundation/board to.discuss park financing for the future. The City Council directed the 2009-2013 CIP to the August 4, 2008 City Council Consent Agenda. 111. 2009 PROPOSED CIVIC ARENA OPERATING BUDGET AND MEZZANINE IMPROVEMENT FUNDING City Administrator Hedges introduced the item noting that staff is looking for Council direction on the 2009 Civic Arena Operating Budget in order that the budget can be included on the August 4, 2008 City Council meeting for formal consideration. Hedges added that direction is also being sought on the funding source for the Civic Arena mezzanine improvements for consideration at the August 4, 2008 City Council meeting. Hedges noted that the proposed budget increase is 2.6%, which includes a $5.00 proposed increase to hourly ice rates, which results in Eagan remaining below the average hourly ice rates of surrounding ice arenas. Hedges also added discussions that are occurring regarding the future replacement of the West Civic Arena floor. Hedges also summarized general trends at the Eagan Civic Arena as well as the industry as a whole. The City Council discussed the Civic Arena budget. Director of Administrative Services provided a summary of possible funding alternatives for the proposed mezzanine improvements. The City Council discussed the various funding options. The City Council discussed the repairs needed to the West Civic Arena floor. The City Council directed staff to speak to the City Attorney regarding communication with the vendor who installed the flooring to discuss warranty issues associated with the malfunctions. The City Council discussed the proposed funding source for the Civic Arena mezzanine improvements. The Council directed that the City proceed with using retained earnings as a funding source for the improvements, and directed that the item be added to the August 4 City Council Consent Agenda. The City Council also directed that the Civic Arena budget be included on the August 4, 2008 City Council Consent Agenda. Special City Council Minutes July 22, 2008 Page 3 IV. 2009 GENERAL FUND OPERATING BUDGET DISCUSSION City Administrator Hedges introduced the item noting that it was the request of the City Council to have a preliminary check-in on the proposed 2009 Operating Budget in July, prior to the Council's more detailed review of the complete line item budgets at the August 26 City Council Workshop. City Administrator Hedges noted that each department director prepared budgets that would achieve a status quo, 2%0 or 0% budget scenario per the request of the City Council. City Administrator Hedges summarized the City's low level of per capita expenditures, low tax levy, low user rates, and low employee per capita ratios. Hedges also highlighted the inflationary adjustments proposed for 2009 and summarized the service impacts that would result should a 2% or 0% budget proposal be considered. The City Council discussed the 2009 budget and the impacts of the proposed reductions. The City Council discussed a budget target that City staff could work towards for the August 26 presentation to the City Council. The City Council directed staff to bring back a budget not to exceed a 4% increase and document the reductions that are proposed to get to the 4% level. The Council also asked for a list of additional reductions that would be proposed should the Council wish to propose a 3% budget scenario. The Council asked that the specific funding amounts be shown for each proposed reduction. The City Council, at the request of City Administrator Hedges, discussed the 2009 proposed Mayor and City Council salaries. Hedges noted that the Mayor and City Council salary has not been adjusted since 1996 and is well below comparable cities. Hedges added that an amendment to the City Code would be needed before the 2008 election in order for any salary increase to be effective January of 2009. The City Council recessed at 7:29 p.m. The Council reconvened at 7:40 p.m. The City Council discussed their proposed wages for 2009. City Administrator Hedges provided an analysis showing the salaries for the Mayor and City Council of communities that are comparable to the City of Eagan. The analysis showed Eagan's current Mayor and City Council salaries as the lowest of all comparable cities, and the analysis proposed a salary increase that would bring Eagan to the 75th percentile of comparable cities. The City Council discussed the analysis. Councilmember Hunter moved, Councilmember Fields seconded a motion to direct the preparation of an ordinance to modify the salaries of the Mayor and City Council to reflect the Q3 (75th percentile) of comparable cities excluding the city of Bloomington. Aye: 4, Nay: 1 (Councilmember Bakken opposed.) Special City Council Minutes July 22, 2008 Page 4 V. OTHER BUSINESS Mayor Maguire thanked the City Council for their participation in the GEARS election process and noted that Apple Valley City Councilmember Grendahl was appointed as Dakota County's representative. VI. VISITORS TO BE HEARD There were no visitors to be heard. VII. ADJOURNMENT Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 8:05 p.m. Agenda Information Memo August 19, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS There are no Personnel Items to be considered at this time. Agenda Information Memo August 19, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 7, 2008 and August 14, 2008 as presented. ATTACHMENTS: • Check registers dated August 7, 2008 and August 14, 2008 are enclosed without page number. Consent Agenda August 19, 2008 City Council Meeting D. ACCEPT Donation for a park bench to be located in Trapp Farm Park. ACTION TO BE CONSIDERED: To accept a donation of $405 from Shelby Hanson and fellow employees of Navitaire for the purchase and installation of a memorial park bench in Trapp Farm Park. FACTS: • The Parks and Recreation Department have a long history of installing park amenities donated as memorials as part of the Council approved donation policy. • The bench will be part of a new fire ring/gathering area recently installed at Trapp Farm Park. • A small plaque with the inscription "In memory and celebration of Jonas and Samantha Liong Go " will be mounted on the bench consistent with the past practice of installing plaques on park amenities donated as memorials. ATTACHMENTS: • None ~ 0 Consent Agenda ° August 19, 2008 City Council Meeting E. APPROVE the final agreement with Dakota County for the temporary relocation of theWescott Library to the Civic Arena West mezzanine and authorize the Mayor and City Clerk to execute the lease. ACTION TO BE CONSIDERED: To approve the final agreement with Dakota County for the temporary relocation of the Wescott Library to the Civic Arena west mezzanine. FACTS: • Several months ago Dakota County approached the City of Eagan looking for a temporary relocation site for the Wescott Library while the current building was scheduled to be remodeled. • The timeframe for the relocation was identified as September through December 2008. • After careful review the Civic Arena mezzanine was identified as the most viable location primarily because of the visual proximity to the library and the existing parking. • With the proposed building enhancements to the mezzanine the space meets the short term needs of the library very well. In exchange for using the space the library will assume the costs to bring in phone and data lines necessary for their operation and leave them in place for the Civic Arena's future use. They will also be responsible for the cleaning and general care of the space and upper level restrooms during the term of the lease. • The City Attorney drafted a lease that the City Council reviewed and approved on June 3, 2008. • Since the original draft was proposed, both the County and City attorneys have made modifications to the lease. While the changes do not impact the intent of the lease there were several items of clarification that were added. • The City Attorney has reviewed the lease and is comfortable that it meets the needs of the City of Eagan. ATTACHMENTS: • Proposed final lease between Dakota County and City of Eagan on pages , . i LEASE AGREEMENT THIS LEASE AGREEMENT, (the "Lease") entered into as of this day of , 2008, by and between the undersigned LESSOR and LESSEE: City of Eagan, a Minnesota municipal corporation (hereinafter referred to as the "LESSOR"), and the The County of Dakota, a governmental subdivision of the State of Minnesota, (hereinafter referred to as the "LESSEE"). The LESSOR and the LESSEE are jointly referred to hereinafter as PARTIES ("PARTIES"). WITNESSETA: 1. Premises: The LESSOR, in consideration of the agreements herein contained, leases to the LESSEE and the LESSEE leases from the LESSOR that certain mezzanine area of the Eagan Civic Arena located at 3870 Pilot Knob Road, Eagan, MN 55122, situated in Dakota County, Minnesota, which is pictorially described on Exhibit "A" which is made a part hereof. This property is owned by the LESSOR and is hereafter referred to as the "Demised Premises". A. The PARTIES hereto intend that this Lease shall be deemed and constitied to be a Lease between the PARTIES for the consideration stated herein, but the LESSEE shall not pay money rent hereunder to the LESSOR. B. The LESSEE accepts the property "AS IS" and assumes full responsibility for the condition of the Demised Premises and the LESSOR shall have no liability in respect thereto or for damage to the property of the LESSEE or on account of the condition, operation, maintenance and management of the Demised Premises. LESSOR shall cooperate with and advise LESSEE of physical conditions of the Demised Premises that relate to its occupancy by LESSEE. 2. Term: A. The term of this Lease shall be August 29, 2008 through January 3, 2009. LESSEE shall remove LESSEE's personal property and return the Demised Premises to its original condition, reasonable wear and tear excepted, at the end of the Lease term. DAKOTA COUNTY LIBRARY LEASE WITH CITY OF EAGAN Page I or 13 f Imo` Either parry may unilaterally terminate this Lease without cause by giving the other party thirty (30) days written notice to terminate the Lease. 3. Rent and Costs: There shall be no rent, except that if LESSEE holds over, then LESSEE shall pay the LESSOR the then-prevailing hourly rental rate for 12 hours per day for each day of extended occupancy of the Demised Premises. LESSEE shall make any request to hold over at least 30 days prior to the end date of this Lease, which permission to hold over shall be at LESSOR's sole option and dependent on other entities need for this space. The Parties to this Lease shall coordinate and mutually agree on a written plan for the improvements to the Demised Premises by LESSEE. As part of such improvements LESSEE shall pay all costs of improvements requested by LESSEE, including the following costs and shall hold LESSOR harmless from all costs resulting from LESSEE's use of the Demised Premises. A. The costs associated with telephone and fax lines brought into the Demised Premises shall be the responsibility of LESSEE and the lines are to remain after the Demised Premises are vacated. B. Monthly costs and costs associated with data lines brought into the Demised Premises shall be the responsibility of the LESSEE and the lines are to remain in the Demised Premises after the LESSEE vacates the Demised Premises. Lessee will cancel all monthly cost contracts at the time the premises are vacated. C. Any costs associated with bringing other technology and the costs of monthly operation of such technology at the request of the LESSEE shall be the responsibility of the LESSEE. Any data or power lines installed for other technology shall remain in the Demised Premises after the LESSEE vacates the Demised Premises. No. additional technology enhancements may be brought into the Demised Premises without the express written consent of the LESSOR, which approval LESSOR shall not unreasonably withhold. DAKOTA COUNTY LIBRARY LEASE WITH CITY OF EAGAN Page 2 of 13 i D. The LESSEE shall provide all furniture and furnishings necessary for its operation, all of which shall be removed when LESSEE vacates the Premises. LESSEE shall not permanently attach or mount furniture or furnishings to any surface without the prior written approval of LESSOR, which approval LESSOR shall not unreasonably withhold. E. LESSEE and LESSOR agree that the attached schedule for hours of operation shall be adhered to unless LESSOR advises LESSEE at least two (2) business days ahead of time that different hours will be required. LESSOR shall have access to the Demised Premises in case of emergency. F. LESSEE will be responsible for cleaning the Demised Premises and the upper level restrooms. G. LESSEE may locate a book drop adjacent to the drive through lane in front of the Eagan Civic Arena at a place and time determined by the LESSOR. Installation and removal of the book drop and restoration of the placement area to its original condition shall be the responsibility of LESSEE. 4. Use: A. LESSOR hereby grants LESSEE the right to use the Demised Premises for library purposes only. LESSEE, its employees, agents, guests, invitees, library patrons and contractors may park vehicles in LESSOR's parking lots adjacent to the Demised Premises and may have access, ingress and egress over, across, upon, into and through the Demised Premises for the purposes of operating a public library and constructing the improvements agreed to by the parties. B. The LESSEE shall not create nor permit to accrue any liens, adverse claims or other encumbrances against the Demised Premises. C. LESSOR and LESSEE shall not damage or cause waste to the Demised Premises and LESSEE shall, at its expense, maintain the Demised Premises in a safe, sanitary, functional and orderly condition at all times, free of refuse and objectionable noises, odors or nuisances. D. LESSEE shall adhere and follow all rules, regulations and policies of LESSOR regarding building usage, access and parking. DAKOTA COUNTY LIBRARY LEASE WITH CITY OF EAGAN Page 3 of 13 f 5. Alterations: Subject to written approval of the LESSOR, which approval LESSOR shall not unreasonably withhold, the LESSEE shall have the right to make alterations, improvements or additions to the Demised Premises for the purpose of conducting its business. LESSEE shall bear the cost of the same. Any and all such alterations, physical additions or improvements made to the Demised Premises shall, at the option of the LESSOR, become at once its property and shall be surrendered to the LESSOR upon the termination of this Lease, by lapse of time or otherwise, unless the LESSOR shall demand of the LESSEE the removal of any such alterations, physical additions or improvements, in which circumstances, such removal shall be promptly made at the LESSEE's expense, This provision, however, shall not apply to equipment or goods installed by the LESSEE, all of which shall be and remain the property of the LESSEE and may at any time be removed by it, but any damage to the Demised Premises caused by such removal of equipment or goods installed by the LESSEE shall be repaired at the LESSEE's expense. 6. Duties of Repairs and Maintenance: A. Except as otherwise provided in this Lease, and subject to the condition of the Demised Premises at the commencement of the Lease, the LESSEE shall keep all parts of the entire Demised Premises during the Term of this Lease in good and tenantable repair, reasonable wear and tear excepted, and shall promptly make all necessary interior repairs that are necessary as a result of the actions of LESSEE, its employees, agents, guests, invitees, library patrons and contractors, to all parts of the Demised Premises, and shall comply with all governmental regulations, laws or ordinances with respect thereto. LESSEE shall provide janitorial services and supplies for cleaning of the Demised Premises and trash removal associated with its staff and public operations. The LESSOR shall have the right to inspect the Demised Premises during normal business hours, with regard to matters referred to in this paragraph, and for all other purposes. B. LESSOR shall provide, at its own expense, sufficient electrical power, light, heat, cooling, proper plumbing and wiring and ductwork to the Demised Premises and maintain the same so that such areas shall be safe and reasonably comfortable. LESSOR shall provide public access to the Demised Premises, including stairways, elevators, DAKOTA COUNTY LIBRARY LEASE WITH CITY OF EAGAN Page 4 of 13 restroom facilities for both men and women, lobbies and hallways. LESSOR shall keep the public sidewalks adjacent to the building and any sidewalks or stairways leading from the public sidewalks to the building free from snow, ice and debris, including the parking lot, consistent with current procedures. Service requested by the LESSEE beyond that may result in a cost share by the LESSEE. 7. Indemnity-Liable for Own Acts. Each party to this agreement shall be liable 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, its agents, patrons, volunteers or employees. It is understood and agreed that the provisions of the Municipal Tort Claims Act, MN Stat. Ch. 466, and other applicable laws govern liability arising from the parties' acts or omissions. In the event any potential injury or injury occur on the premises, the party made aware of the injury shall complete an Accident report, and shall notify the other party, and provide a copy of the Accident report to the other party. 8. Default and Remedies: A. Defaults. Any of the following events shall be deemed to be an event of default under this Lease: i. Failure by the LESSEE to comply with any term, condition or covenant of this Lease shall be deemed an event of default by the LESSEE under the terms of this Lease: (a) LESSEE shall have three (3) business days from the date of written notice of any default from LESSOR to LESSEE to correct such default; ii. If the LESSEE abandons or vacates the Demised Premises for more than two (2) consecutive days, this Lease shall automatically be terminated, but LESSEE's obligations shall remain in full force and effect. B. Remedies. Upon the occurrence of any such events of default, the non-defaulting party shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever: i. For a default by LESSEE, LESSOR may terminate this Lease, in which event the LESSOR may enter upon and take possession of the Demised Premises DAKOTA COUNTY LIBRARY LEASE WITH CITY OF EAGAN Page 5 of 13 and expel or remove the LESSEE and any other person who may be occupying said premises or any part thereof ii. For a default by LESSOR from the terms of this Lease, LESSEE may immediately terminate this Lease and vacate the Demised Premises. Neither the termination of this Lease nor the repossession of the Demised Premises by LESSOR under this paragraph shall relieve LESSEE of it liabilities and obligations under this Lease, all of which shall survive any such termination or repossession. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture of any damages accruing to either party to the Lease by reason of the violation of any of the terms, conditions or covenants herein contained. C. Force Maieure. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 9. Quiet Enioyment: Subject to the LESSEE's performance of all of its obligations under this Lease, the LESSEE shall have the peaceful and quiet use of the Demised Premises for the purpose set forth in this Lease. 10. Americans with Disabilities Act: The LESSOR makes no representations or warranties that the Demised Premises, any improvements that the LESSEE makes to the Demised Premises and/or that the access to the Demised Premises comply with the Americans With Disabilities Act, or the regulations promulgated thereunder ("ADA") or any other governmental regulations regarding accessibility to the Demised Premises ("Regulations"). The LESSOR shall not be responsible for any alterations of additions to the Demised Premises or other portions of the building, which the Demised Premises are a part that may be required by the ADA or any Regulations. The LESSEE will have the DAKOTA COUNTY LIBRARY LEASE WITH CITY OF EAGAN Page 6 of 13 full responsibility and obligation, at its own expense and effort, to maintain and/or make any adjustments or changes/improvements required by the ADA or any Regulations as it pertains to the Demised Premises and/or access to and from the same. The LESSEE agrees to comply in all respects with the ADA and any Regulations, including without limitation by removal or architectural barriers within the Demised Premises and in the common areas of the building made necessary by the LESSEE's use of the Demised Premises and by strict conformance with the ADA and any Regulations in the design and construction of any leasehold improvements and any subsequent alterations. If the LESSEE received notice from any governmental or quasi-governmental agency regarding compliance with the ADA or any Regulations, the LESSEE shall immediately notify the LESSOR, and the LESSEE shall respond to and comply with said notice. If the LESSEE does not comply with the notice, it shall be considered an event of default under this Lease. It is understood and agreed that the requirements and responses set forth in this paragraph do not constitute a waiver of the LESSOR's rights under this Lease to approve, grant and/or deny permission for alterations or modifications to the Demised Premises, 11. Surrender of Possession: A. At the expiration of the tenancy created hereunder, whether by lapse of time or otherwise, the LESSEE shall promptly remove all personal property belonging to the LESSEE or persons claiming through the LESSEE and surrender the Demised Premises in good condition and repair, broom-clean, reasonable wear and tear excepted. If walls are marked the LESSEE will be responsible for repainting to return the space to the condition in which it was received. B. Upon the expiration of the tenancy hereby created, if the LESSOR has requested the LESSEE to remove all of the additions, fixtures and installations placed upon the Demised Premises by the LESSEE and designated in said request, and to repair any damage occasioned by such removal, and if the LESSEE fails to remove the same or make such repairs, the LESSEE shall pay to the LESSOR the cost thereof. DAKOTA COUNTY LIBRARY LEASE WITH CITY OF EAGAN Page 7 of 13 12. Environmental Matters: A. The LESSEE shall not engage or permit any third party to engage in any activity on the Demised Premises which involves the generation, transportation, treating, handling, storage, manufacture, emission or disposal of any dangerous, toxic or hazardous pollutants, wastes or substances as defined in the Federal Comprehensive and Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), or the Federal Resources Conservation and Recovery Act of 1976 ("RCRA") or the Minnesota Environmental Response and Liability Act, Minnesota Statute Chapter 115A ("MERLA") or any other federal, state or local environmental laws, statutes, regulations, requirements and ordinances as now in effect or as the same may hereafter be amended or enacted ("Hazardous Materials"). B. Promptly after learning of the occurrence of any of the following, the LESSEE shall give the LESSOR oral and written notice thereof, describing the same and the steps being taken by the LESSEE with respect thereto: i. Any event involving the use, spill, release, leak,, discharge and cleanup of any Hazardous Material; ii. Any litigation, arbitration proceeding or governmental proceeding against the LESSEE that affects the Demised Premises; iii. That delivery of any notice from a governmental agency that the LESSEE's operations of the Demised Premises are not in compliance with the requirements of applicable federal, state or local environmental health and safety statues and regulations; iv. That delivery of any notice that the LESSEE is subject to federal or state investigation evaluating whether any remedial action is needed to respond to the release of any Hazardous Material or other substance from the Demised Premises and to the environment; or v. The delivery of any notice that the Demised Premises are subject to a lien in favor of any governmental entity for any liability under federal or state environmental laws or regulations or damages arising from or costs incurred DAKOTA COUNTY LIBRARY LEASE WITH CITY OF EAGAN Page 8 of 13 s by such governmental entity in response to a release of a Hazardous Material or other substance into the environmental. C. The LESSEE shall, at the LESSEE's sole cost and expense, comply with any and all laws governing Hazardous Materials and provide any and all information, which may be required by any governmental agency with respect thereto. D. The LESSEE's obligations under this Section shall survive the expiration or sooner termination of this Lease. 13. Assignment: There should be no assigning or subletting of the Demised Premises. 14. Signs: The LESSEE shall have the right to install and maintain signs advertising its business, at such location determined by LESSOR, provided that said signs are installed and maintained in conformance with governmental laws and regulations, that they do not effect the structural integrity of any improvements on the Demised Premises and that such signs are removed by the LESSEE, at its expense, upon termination of this Lease. 15. Notices: All notices, consents, demands and requests which may be or are required to be given by either party to the other shall be in writing and sent by United States Registered or Certified Mail, return receipt requested, addressed as follows: TO THE LESSOR: City of Eagan Attn: Juli Seydell Johnson Director of Parks & Recreation 3830 Pilot Knob Road Eagan, MN 55122 Phone: (651) 675-5500 TO THE LESSEE: County of Dakota Attn: Kenneth Behringer Dakota County Library Director 1340 Wescott Road Eagan MN 55123-1029 Phone: (651) 450-2900 17. Construction of Lease: If any provisions of this Lease shall, by appropriate Court Order, be held invalid or in contravention of the laws or ordinances of any applicable governmental authority, such invalidation shall not serve to affect the remaining portion DAKOTA COUNTY LIBRARY LEASE WITH CITY OF EAGAN Page 9 of 13 of this Lease. Interpretation and enforcement of this Lease shall be governed by the laws of the State of Minnesota. 18. Headings: Headings of titles of the paragraphs are inserted solely for the convenience of reference and shall not constitute a part of this Lease, nor shall they affect its meaning, construction or effect. 19. Successors and Assigns: This Lease shall bind the LESSOR and the LESSEE and their successors, assigns, heirs, administrators or other legal representatives, as the case may be. 20. GoverninLy Law: This Agreement shall be construed under and governed by the laws of the State of Minnesota. 21. Relationship of Parties: Nothing contained in this Agreement shall be deemed or construed by the PARTIES hereto or by the third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between The LESSOR and the LESSEE, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the PARTIES hereto shall be deemed to create any relationship between the LESSOR and the LESSEE other than the relationship of the LESSOR and the LESSEE. 22. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. 23. Lease Term: The phrase "Lease Term" as used herein shall include any extensions or renewals of the original Lease Term. 24. Subrogation: As long as their respective insurers so permit, the LESSOR and the LESSEE hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended overage and other property insurance policies existing for the benefit of the respective PARTIES. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 25. Insurance: It shall be the duty of LESSOR and LESSEE to maintain insurance or self- insurance on their own property, both real and personal. DAKOTA COUNTY LIBRARY LEASE WITH CITY OF EAGAN Page 10 of 13 z~pg`~ e 26. Waiver of Default: No waiver by the PARTIES hereto of any default or breach of any term, condition or covenant of this Lease shall be deemed to be a waiver of any subsequent default or breach of the same or any term, condition or covenant contained herein. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. LESSOR: CITY OF EAGAN, a Minnesota Municipal Corporation By: Mike Maguire Its: Mayor By: Maria Petersen Its: City Clerk LESSEE: COUNTY OF DAKOTA, Approved by Dakota County Board Resolution No. By: W. Taud Hoopingarner Approved as to form: Its: Operations Management Director Assistant County Attorney/Date STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 2008, by Mike Maguire and Maria Petersen, the Mayor and Deputy Cleric of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) DAKOTA COUNTY LIBRARY LEASE WITH CITY OF EAGAN Page 11 of 13 The foregoing instrument was acknowledged before me, a Notary Public, on the day of , 2008, by W. Taud Hoopingarner, the Director of the Dakota County Operations Management Division. Notary Public IUK08-129 LIBRARY-EAGAN LEASE AGREEMENT 7-29-08 DAKOTA COUNTY LIBRARY LEASE WITH CITY OF EAGAN Page 12 of 13 DAKOTA COUNTY LIBRARY LEASE WITH CITY OF EAGAN Page 13 of 13 _rvn Jed `fi F U N o ~ • ~ ~ oI _ i W Ow I ~ o J I o i $ ~ ^ la ~ I i _A ~ O-ate Qo I 1i-- _ ~ ~ Ala a-t-or I ~ I ~ Sfatr~ lower Ieve~ a n- : 1a_r I-rl Ya.. f-tl'-' 1~ I I I I J`3~ 1, 1~ j y I j c rtv' ; I n 4=o [ i 1 9 C - -:J-Y c I U J ' ~.'rlel~) a Ii~IIIIvU ~ I ;3cNn c C r OZn - ~V J Agenda Information Memo August 19, 2008 Eagan City Council Meeting F. RESOLUTION ESTABLISHING WINTER SEASON PARKING REGULATIONS - SURREY HEIGHTS DRIVE ACTION TO BE CONSIDERED: Approve a resolution establishing winter season parking regulations as proposed by the City Engineer for Surrey Heights Drive and authorize the installation of regulatory street signs. FACTS: • In 1983, the City instituted a winter season parking ordinance to provide for more efficient and safer snow removal and to help identify abandoned or disabled vehicles. • The winter parking ordinance is in effect from November 15 to April 15 of each year. According to City Ordinance 9.09, "on odd-numbered days parking shall be permitted only on that side of the street with odd-numbered addresses for a period of 12 hours beginning at 6:00 a.m. and continuing until 6:00 p.m." There is a similar restriction for even addresses/days. Parking is allowed on both sides of the street from 6 p.m. to 6 a.m. • On October 3, 2006, the Council approved an amendment to City Ordinance 9.09 (Winter Season Parking) relating to winter parking regulations on certain city streets that have either even addresses on both sides of the street or odd addresses on both sides of the street. The amendment allows the Council to establish winter parking regulations for these street segments via resolution. • On August 4, 2008, the City received a petition containing 84 signatures representing 80 of the 168 affected properties requesting that the current winter parking regulations be clarified and permanent signing installed to regulate parking on alternating sides of Surrey Heights Drive on alternating days (Nov. 15 - April 15), similar to the current odd/even restriction. The current winter parking restrictions prohibit all parking on these streets every other day (6am - 6pm), between November 15 and April 15. Both even-numbered and odd-numbered houses are located on the same side of the street leading to confusion during winter parking restrictions. • The petition also requested clarification of the existing parking restrictions near Greenwood Court via painted curbs. In lieu of painted curbs which require frequent maintenance, permanent signing will be installed. • The petition requested installation of a crosswalk near Greenwood Court. A crosswalk will not be installed as it is not warranted based on the City's Crosswalk Policy. • The proposed designations would have no adverse effects on the City's snow removal operations • This `No Parking' request has been reviewed by the Engineering and Street Maintenance Divisions as well as the Police Department and found to be in order for favorable Council action. ATTACHMENTS: { • Petition and Petitioners' Map, pages through • Map indicating the recommended winter parking schedule, page r I?ECEIVED Tim Plath, PE, PT4 AUG U ~ Transportation EngineerCity of Eagan FNG1NEER1kEA6 GAN As President of the Board of the Surrey Heights Homeowner Association, I am respo ndi!IWNT your requests for a Board resolution and homeowner petition regarding the "No Parking This Side" signs on Surrey Heights Road from Federal Drive to Yankee Doodle Road. I have enclosed these items. I was able to collect eighty-four homeowner signatures and you may reference the resolution in the minutes of the July 24, 2008 Board meeting under section 4F. There was mostly positive feedback to your solution of the making the change to the winter parking restrictions signs. Several homeowners voiced their objections to any parking on Surrey Heights Road, but acknowledged the need because of our lack of off street parking. This seems to be a common problem in townhome associations and one the city planners should address in future developments. The Surrey Heights Homeowners have accepted your solution, but have made the following request: That at the intersection of Surrey Heights Road and Greenwood Court, the City paint yellow curb markings at the corners and fire hydrant. This will hopefully prevent anyone from parking right up to the corners at a blind intersection in a dangerous curve. It will also give the Eagan Police just cause to ticket violators. Also, everyone understands the meaning of yellow curb painting. This is also an intersection where pedestrians cross the street to gain access to the Association pool. A painted crosswalk would be an added safety feature. With the City of Eagan making these changes our residents will have a better understanding of the parking regulations on Surrey Heights Road. It will improve our neighborhood and make it safer for our residents and their children. It will also improve our relations with the Eagan police as they too will have a clear understanding of the parking regulations.. Thank You Rick Neufeld, President Surrey Heights Association SURREY HEIGHTS HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS MEETING July 24, 2008 6:30 p.m. Grass Gators Incorporated Board Present: Rick Neufeld, Ron Patterson, George Vasiliou, Gene McDonald, Kelly Hamen, Jennifer Stoik and Don Rollefson Gassen Co.: Mike McKenna 1. Call to order: President Neufeld called the meeting to order at 6:45 p.m. 2. Approval of the Agenda: Don Rollefson motions to approve the agenda. Kelly Hamen seconds. Agenda approved. 3. Treasurer's Report - Total remaining in Operating Budget is $34,613 and total Reserves are 139,401. 4. Action Items A. Database Maintenance Items George Vasiliou motions to approve completion of steps, railings and concrete repair as discussed at 7-14 meeting. Don Rollefson seconds. Motion carried. B. Concrete Repairs George Vasiliou motions to approve the completion of 12 concrete repairs by Metro Concrete as identified by subcommittee totaling $11,020. Rick Neufeld seconds. Motion carried. C. Step and Railing Repairs George Vasiliou motions to approve the completion of repair/additions of steps and railings as identified by subcommittee by Grass Gators for $8,902. Don Rollefson seconds. Motion carried with one opposing. D. Homeowner Requests - (3427H and 3426H) Mike will have Thurl look at steps inside fence of 3427H. No action to be taken for 3426 at this time. E. Dues Increase George Vasiliou motions to increase dues $10 per month beginning at our next fiscal year. Don seconds. Motion carried with three opposing. F. Parking Signs Resolution Rick Neufeld motions to approve a resolution requesting the removal of the existing No Parking zone on both sides of Surrey Heights Drive and the installation of the No Parking signing to clarify the existing winter parking restrictions. George Vasiliou seconds. Motion carried. Adjourn: Meeting adjourned at 7:55 p.m. Next meeting: Thursday, August 28, 2008 at Grass Gators conference room. Respectfully submitted, Kelly Hamen, Secretary 1 .v f TV L,3 3 3 Lrs3 J. Date Presented To Council 6 U n~ Deice U . POTION T DESIGNATE A I E KING SCE UI F: Ba&grown,d, The City-wide odd/ every parking restrictions have worked very well to allo+R for safe and efficient sn^vi.; removal and to identify abandoned or disabled vehicles. However, if, turns out that there are numerous areas l Eagan that have either all-even or all-odd addresses on both sides of street_ Tilts UnintleniOnaIl bans any on-street Darking every-G.her-day in those areas from November -l - April 15 (6;01 a.m. to 6:00 p.m.). To ease that inconvenience, the Olty Cc.1de has been aimendk d to a0r the City Council to maak changes through the petition process. Process- Residents it : eighlbo= o ds where the houses car ett elf eve-p- umber or all odd- numbered who want to chanige am resin Sons can submit a PeNtlon to the City Council which contain U Ee signatures of at least 51% of ffhe a rmed Psi Dort ovvinte . The Pew € n IS returned to, the U Engineer for tep ee- if there are no ne ;:fie impacts to public safety, it 'ili then be . a, s;' s ~ . the City Council. the €C-vjrdl i,, Petition, street signs ere r ra is al -vied o ff be installed alt r cos to the erected ropefty ;tee _ i xa&r _ The 3 ter a n desi tf s s~Yat € ;Ll. 1 from the lriteeiiJit of A i1 i21 j `r to the end of 'the roadway. mss -t -Sncfg' = We, the updersioned£ request that the City Council tale this .e#tiatl re-P~~~ under +co s at its earliest opportune= I Na a" iA 1 arid- JNM ) ADDRESS m I 3qqZ 2- 11ILL-lz- } 8 A r FOR CITY USE ONLY Date Received H Date Presented City of Ea o11 To Council Approved ❑ ❑ PETITION TO Denied DESIGNATE A WINTER PARKING SCHEDULE Background: The City-wide odd/ even parking restrictions have worked very well to allow for safe and efficient snow removal and to identify abandoned or disabled vehicles. However, it turns out that there are numerous areas in Eagan that have either all-even or all-odd addresses on both sides of the street. This unintentionally bans any on-street parking every-other-day in those areas from November 15 - April 15 (6:00 a.m. to 6:00 p.m.). To ease that inconvenience, the City Code has been amended to allow the City Council to make changes through the petition process. Process: Residents in neighborhoods where the houses are either all even-numbered or all odd- numbered who want to change parking restrictions can submit a Petition to the City Council which contains the signatures of at least 51 % of the affected property owners. The Petition is returned to the City Engineer for review. If there are no negative impacts to public safety, it will then be presented to the City Council. If the City Council grants the Petition, street signs noting when and where parking is allowed will be installed at no cost to the affected property owners. Location: The winter parking designations and associated permanent signing are petitioned for from the intersection street name of ~e~~ ltd to the end of the roadway. cross street Signatures: We, the undersigned, request that the City Council take this petition request under consideration at its earliest opportunity. Name Please PRINT and INITIAL ADDRESS 1. A 153-0 ~ 9 2. 1 vl 41N in Wt N e,-S-) tJ r535 OCA v~ 3. Ape', -D r 4. ,na g Dr 5. /lit/ Pik `C Z 6. 11owd 7. ;RV UPAM _l 19-,-/ k"? 8. 9. 0, CE= { c zc c~ ~~s -tom`/ GTORMS/PETITIONS/Winter Parking Schedule .f L FOR CITY USE ONLY Date Received n Date Presented City of ET. Council Approved ❑ PETITION TO Denied ❑ DESIGNATE A WINTER PARKING SCHEDULE Background: The City-wide odd/ even parking restrictions have worked very well to allow for safe and efficient snow removal and to identify abandoned or disabled vehicles. However, it turns out that there are numerous areas in Eagan that have either all-even or all-odd addresses on both sides of the street. This unintentionally bans any on-street parking every-other-day in those areas from November 15 - April 15 (6:00 a.m. to 6:00 p.m.). To ease that inconvenience, the City Code has been amended to allow the City Council to make changes through the petition process. Process: Residents in neighborhoods where the houses are either all even-numbered or all odd- numbered who want to change parking restrictions can submit a Petition to the City Council which contains the signatures of at least 51 % of the affected property owners. The Petition is returned to the City Engineer for review. If there are no negative impacts to public safety, it will then be presented to the City Council. If the City Council grants the Petition, street signs noting when and where parking is allowed will be installed at no cast to the affected property owners. Location: The winter parking designations and associated permanent signing are petitioned for from the intersection street name of to the end of the roadway. cross street signatures: We, the undersigned, request that the City Council take this petition request under consideration at its earliest opportunity. Name Please PRINT and INITIAL) ADDRESS 1. ~Is*+~~'h.~ 1= 1arv>(I~j~((rtt~ 5LlI tt ~+r~exwr, C0? 2. I l t'r I- C7 L4 n F S 3 C 3. +f C (c Yr,~ V~ ~ reei) 5Z4 CCr" 5 t VV i~ 11 6. 7. 8. 9. G:FORMS/PETITIONS/Winter Parking Schedule FOR CITY USE ONLY Date Received Date Presented • To Council City of Eap Approved Denied ~ PETITION TO DESIGNATE A WINTER PARKING SCHEDULE and Background: The City-wide odd/ even parking restrictions isahave bled vehicles. ked veryHoweve 11 to allow for safe that turns out efficient snow removal and to identify abandoned or th sides there are numerous areas in Eagan that have either allry-even those oareas from the street- This unintentionally bans any on-street parking eve November 15 -April 15 (6:00 a.m. to 6:00 p.m.). To ease that inconvenience, the petition process.i~ Code has been amended to allow the City Council to make changes through t ihvtonthe City rCouncalNO~dd- Process: Residents in neighborhoods where the houses an s bmit a Petition numbered who want to change parking restrictions contains the signatures of at least 51% of the property torpubl cesafety, it wilt then be the City Engineer for review. If there are no negative presented to the City Council. If the City Council grants the Petition, street sign s noting when and where parking is allowed will be installed at no cost to the affected property Location: The winter parking designations and associated permanent signing are petitioned for from the intersection street name to the end of the roadway. of cross street signatures: We, the undersigned, request that the City Council take this petition request under consideration at its earliest opportunity. ADDRESS Name (Please PRINT and INITIAL) Cpl; X533 G~ 2tY1uH! L4n~ S 51 .1. 1 3. Gel 5. C?2-L v 6. 7. 8. 9. &FORMS/PETITIONS/Winter Parking Schedule FOR CITY USE ONLY Date Received Date Presented City of Eap To Council of Approved ❑ PETITION TO Denied ❑ DESIGNATE A WINTER PARKING SCHEDULE Background: The City-wide odd/ even parking restrictions have worked very well to allow for safe and efficient snow removal and to identify abandoned or disabled vehicles. However, it turns out that there are numerous areas in Eagan that have either all-even or all-odd addresses on both sides of the street. This unintentionally bans any on-street parking every-other-day in those areas from November 15 - April 15 (6:00 a.m. to 6:00 p.m.). To ease that inconvenience, the City Code has been amended to allow the City Council to make changes through the petition process. Process: Residents in neighborhoods where the houses are either all even-numbered or all odd- numbered who want to change parking restrictions can submit a Petition to the City Council which contains the signatures of at least 51 % of the affected property owners. The Petition is returned to the City Engineer for review. If there are no negative impacts to public safety, it will then be presented to the City Council. If the City Council grants the Petition, street signs noting when and where parking is allowed will be installed at no cost to the affected property owners. Location: The winter parking designations and associated permanent signing are petitioned for from the intersection street name of to the end of the roadway. cross street Signatures: We, the undersigned, request that the City Council take this petition request under consideration at its earliest opportunity. Name (Please PRINT and INITIAL) ADDRESS 3. c'Z f I d G'~Z° 1 ~C o~ r l v[, l 4. (J oC. 3` l~ Z C~ e nwcA~ d C-t 5. ic ~Tj J"-C~Zpy-\' :_1) CIL, L 4~iF_ 1i W 0 6 . 3LI63 6 u) r, c4 s 8. , -eef-, c,)c, C-4 s GTORMS/PETITIONS/Winter Parking Schedule FOR CITY USE ONLY Date Received Date Presented City tJl U1 Ea on To Council jj Approved ❑ PETITION TO Denied ❑ DESIGNATE A WINTER PARKING SCHEDULE Background: The City-wide odd/ even parking restrictions have worked very well to allow for safe and efficient snow removal and to identify abandoned or disabled vehicles. However, it turns out that there are numerous areas in Eagan that have either all-even or all-odd addresses on both sides of the street. This unintentionally bans any on-street parking every-other-day in those areas from November 15 - April 15 (6:00 a.m. to 6:00 p.m.). To ease that inconvenience, the City Code has been amended to allow the City Council to make changes through the petition process. Process: Residents in neighborhoods where the houses are either all even-numbered or all odd- numbered who want to change parking restrictions can submit a Petition to the City Council which contains the signatures of at least 51 % of the affected property owners. The Petition is returned to the City Engineer for review. If there are no negative impacts to public safety, it will then be presented to the City Council. If the City Council grants the Petition, street signs noting when and where parking is allowed will be installed at no cost to the affected property owners. Location: The winter parking designations and associated permanent signing are petitioned for from the intersection street name of to the end of the roadway. cross street signatures: We, the undersigned, request that the City Council take this petition request under consideration at its earliest opportunity. Name Please P INT and INITI ADDRESS 1. David ' U ~ (_)00 C - 3. I ML jG~U 41// C 4. E,vo, ti, F6,~IF ~ C7` 7. G oC1 W0(o= C* i 9. J/~; x) IM V_ C- 7- K, G:FORMS/PETITIONS/winter Parking Schedule c iD I Owe Receives i TO CO-MCH Approve nice- DI E_._qsg NT 'S-' I N "WINS G HEM Bar-L urrut: he x=41 yOde odd/ even p-adang s ecs have worked very well to aflo for safe and removal to idea ed or disabled vehicles. However, it t ms out that snow and a7bandone enicieet {er au re ns ep~rous areas in Eagan n t aatha$me eher~rr a!J-a;ien or all-odd addresses on both sides of a' 19 vL s'.a3~ unintentional' b(6:00 y ~a~-g3i333s any ong'~~. ef ~sva1q~ryt Es-other}-da @€'i thin 7e areas from FF TSB $'c - F'€E? } 6+ Ek>F EF-. to, e-s_ E'_^?5@E4 _ 4i- easse that f ~FiF? Sp It-he =:.I~ :1s #e ~ C~ beer, to clew the Ci% min 1 t) akee changes trough the finton ro ss, Ref-dents in nei o oods where houses are either all even-numbered or all odd- nu t ~want tr came parking rest s can submit a Petition to t1 he City Go-tucil which Contai: tIffhe si atur of at =east 5,45 % of the wed r o_'-e y of ers. The efiti is returned to ese led tan the ply Cou if f ky Ccund. grants fhe Petition street signs noting when and vvut e L sta=re' at. n - e a ted property, F~N-T` -a € r€ r ~ yms sem5t sr, -3 ~qq±p 2€f_3p~ -or gnats ,.aa..- - ~rLL. s- - arzs 94`i~~F „T?~ hne- as €1 Q s from the intersection VRi of to the --Vof the roadway- 47MS som a We, * uTWem d T ue tfteA #w y umff take Ass e w Tie st Ur r \L ~ti~\ ~~1 D7 Ci~Cz~YI i✓yal La C. G( ~ .7 fit CIE L L-L C LC L, K--, 1 FOR CITY USE ONLY Date Received Date Presented City of Ea ijj n To Council j Approved ❑ PETITION TO Denied ❑ DESIGNATE A WINTER PARKING SCHEDULE Background: The City-wide odd/ even parking restrictions have worked very well to allow for safe and efficient snow removal and to identify abandoned or disabled vehicles. However, it turns out that there are numerous areas in Eagan that have either all-even or all-odd addresses on both sides of the street. This unintentionally bans any on-street parking every-other-day in those areas from November 15 - April 15 (6:00 a.m. to 6:00 p.m.). To ease that inconvenience, the City Code has been amended to allow the City Council to make changes through the petition process. Process: Residents in neighborhoods where the houses are either all even-numbered or all odd- numbered who want to change parking restrictions can submit a Petition to the City Council which contains the signatures of at least 51% of the affected property owners. The Petition is returned to the City Engineer for review. If there are no negative impacts to public safety, it will then be presented to the City Council. If the City Council grants the Petition, street signs noting when and where parking is allowed will be installed at no cost to the affected property owners. Location: The winter parking designations and associated permanent signing are petitioned for ~~i t y_ l6 ~~r 7~ /ewc_ from the intersection street name of _E Z :D to the end of the roadway. cross street Signatures: We, the undersigned, request that the City Council take this petition request under consideration at its earliest opportunity. Name (Please PRINT and INITIAL) ADDRESS 1. L' Lnz 1 1 (AlL ()d(%1'LL/ 2. L~ z4-'UL 611, 3. I S Z ~~y6 r 4ht-_' i ~ 4)-00 L; i6Z..> 5. 6 0 VAL~r CI t~'- L cl S~ C ~ C. 4r/ 6. rlvt~ (L-- S 7. 8. 9. G:FORMS/PETITIONS/Winter Parking Schedule FOR CITY USE ONLY (1) Date Received x- Date Presented City of p To Council of Approved ❑ PETITION TO Denied ❑ DESIGNATE A WINTER PARKING SCHEDULE Background: The City-wide odd/ even parking restrictions have worked very well to allow for safe and efficient snow removal and to identify abandoned or disabled vehicles. However, it turns out that there are numerous areas in Eagan that have either all-even or all-odd addresses on both sides of the street. This unintentionally bans any on-street parking every-other-day in those areas from November 15 - April 15 (6:00 a.m. to 6:00 p.m.). To ease that inconvenience, the City Code has been amended to allow the City Council to make changes through the petition process. Process: Residents in neighborhoods where the houses are either all even-numbered or all odd- numbered who want to change parking restrictions can submit a Petition to the City Council which contains the signatures of at least 51 % of the affected property owners. The Petition is returned to the City Engineer for review. If there are no negative impacts to public safety, it will then be presented to the City Council. If the City Council grants the Petition, street signs noting when and where parking is allowed will be installed at no cost to the affected property owners. Location: The winter parking designations and associated permanent signing are petitioned for G l TS 'b/a r« from the intersection street name of EE Lea2/ Lcz EA to the end of the roadway. cross street Signatures: We, the undersigned, request that the City Council take this petition request under consideration at its earliest opportunity. Name (Please PRINT and INITIAL) ADDRESS 1. c~ c - 1 l q7q W ,cd Vf c ~s - 2. Lf-a VJ 60 ~i I 3. YaT C~aq'_i h R wa~qd V 4. I-/S o N y ~ G.) odd U / le t,~ c~Ce. lej 5. 19A-X-~ l ~S s' car v , 6. ~ ~gc,-I Lo co& ew 7. GtJ._ 8.'~S~ i 0 3 [,~v ~1 U C~tJ UJ 9. (2, /tom-- G:FORMS/PETITIONS/Winter Parking Schedule FOR CITY USE ONLY Date Received Date Presented City of Ea fil(In To Council of Approved ❑ PETITION TO Denied ❑ DESIGNATE A WINTER PARKING SCHEDULE Background: The City-wide odd/ even parking restrictions have worked very well to allow for safe and efficient snow removal and to identify abandoned or disabled vehicles. However, it turns out that there are numerous areas in Eagan that have either all-even or all-odd addresses on both sides of the street. This unintentionally bans any on-street parking every-other-day in those areas from November 15 - April 15 (6:00 a.m. to 6:00 p.m.). To ease that inconvenience, the City Code has been amended to allow the City Council to make changes through the petition process. Process: Residents in neighborhoods where the houses are either all even-numbered or all odd- numbered who want to change parking restrictions can submit a Petition to the City Council which contains the signatures of at least 51 % of the affected property owners. The Petition is returned to the City Engineer for review. If there are no negative impacts to public safety, it will then be presented to the City Council. If the City Council grants the Petition, street signs noting when and where parking is allowed will be installed at no cost to the affected property owners. Location: The winte4prking desig ations,and associated permanent signing are petitioned for &A QU from the intersection street na of UA-~ L. to the end of the roadway. cross street signatures: We, the undersigned, request that the City Council take this petition request under consideration at its earliest opportunity. Name (Please PRINT and INITIAL) ADDRESS 1. co kb t- UA5-lL1v t L /519 W &-OZ Ut`J.c' LAST 2. L ,4 "n`re~ E_ al a, /_5 z.o W 9-o 6 vt*.,J 3. cd4&r `G 1514 LVl' 0i0L) I -re ! LoeS 4. ftlUA- _"~D"eS /5-0,f U~~61)lec&J L0657- 6. '~TQ 4 " A "~~Seo 150 2-- to-&0,6 V l ,*,d L09 5-[- 4 Ae 7. znu~OIJ flD UI(:~cll Eft-77 8. 1- AVI-Np 9. 1 (M tr 7f -Tu C/v( l `~'7 (o LAI Dy1Celw s G:FORMS/PETITIONS/Winter Parking Schedule "f"'r FOR CITY USE ONLY Date Received 1 o City Date Presented To Council Approved ❑ PETITION TO Denied ❑ DESIGNATE A WINTER PARKING SCHEDULE Background: The City-wide odd/ even parking restrictions have worked very well to allow for safe and efficient snow removal and to identify abandoned or disabled vehicles. However, it turns out that there are numerous areas in Eagan that have either all-even or all-odd addresses on both sides of the street. This unintentionally bans any on-street parking every-other-day in those areas from November 15 - April 15 (6:00 a.m. to 6:00 p.m.). To ease that inconvenience, the City Code has been amended to allow the City Council to make changes through the petition process. Process: Residents in neighborhoods where the houses are either all even-numbered or all odd- numbered who want to change parking restrictions can submit a Petition to the City Council which contains the signatures of at least 51% of the affected property owners. The Petition is returned to the City Engineer for review. If there are no negative impacts to public safety, it will then be presented to the City Council. If the City Council grants the Petition, street signs noting when and where parking is allowed will be installed at no cost to the affected property owners. Location: The winter rking designations and associated permanent signing are petitioned for from the intersection street name of ~c rO L d-. to the end of the roadway. cross street Signatures: We, the undersigned, request that the City Council take this petition request under consideration at its earliest opportunity. Name (Please PRINT and INITIAL) ADDRESS (,e~c o~V14eeJ 1._GAJ C( 14-70 2. dAL4-kJ 5~Z~ 14'90 LQ]2CP0V1qzJ q-71-,7- 3. v#AW VJ kle, kA-f & Aj f ~~Z Lieo~o ~c q/-/J S~fST 5. 6. 7. 8. 0. G:FORMS/PETITIONS/winter Parking Schedule FOR CITY USE ONLY Date Received Date Presented City o f Ea aTo Council 1 11 Approved ❑ Denied ❑ PETITION TO DESIGNATE A WINTER PARKING SCHEDULE Background: The City-wide odd/ even parking restrictions have worked very well to allow for safe and efficient snow removal and to identify abandoned or disabled vehicles. However, it turns out that there are numerous areas in Eagan that have either all-even or all-odd addresses on both sides of the street. This unintentionally bans any on-street parking every-other-day in those areas from November 15 - April 15 (6:00 a.m. to 6:00 p.m.). To ease that inconvenience, the City Code has been amended to allow the City Council to make changes through the petition process. Process: Residents in neighborhoods where the houses are either all even-numbered or all odd- numbered who want to change parking restrictions can submit a Petition to the City Council which contains the signatures of at least 51% of the affected property owners. The Petition is returned to the City Engineer for review. If there are no negative impacts to public safety, it will then be presented to the City Council. If the City Council grants the Petition, street signs noting when and where parking is allowed will be installed at no cost to the affected property owners. Location: The winter parking designations and associated permanent signing are petitioned for Ur(r Cr;V from the intersection street n e of ~~ri to the end of the roadway. *e"~i cross street Signatures: We, the undersigned, request that the City Council take this petition request under consideration at its earliest opportunity. Name (Please PRINT and INITIAL) ADDRESS U)wc) IeLj Ay, 2. &0~' L-w-s Ern A- t' uv 3. a P LJO 4. Ea c c C f 177 5. /-537 b")(2 ~pc~6~7~~' ~Z 6. kfille A) 7. 8. 9. GTORMS/PETITIONS/Winter Parking Schedule Q F I..J VJ YANKEE DOODLE RD. 1540A 1533 n~ 1542 1529 1535 532 w a 1525 C 1534 1530 m M o 344 3444' \ 'LAND m 3440 ~1~SG ~R \ 1539 3451F 446`- m 1541IL1 ~ e a I5 3448 1542 1540 J O~ 0 I~ 1531 W ~ W EHF LU 156 - --3~W W 1534-530 l.J.. WA 524 50 34671346: 3462 1503 497 85 1522 34831 _ 3485 65 346 14934_9 3468 14 7 J 501 1499 AVE. 3 3475 81~ / ~434700~ ' 34% 4 1529 1527 519 1490-- -j :5~~ SXREEN y 1~/3476 114881 1 11481 X34943488 1521 1504 _ X34 ❑151700 1502 _ 1484 L 1 1 1479 3500 1516' 1514 478 1475 3484 3 -~J 3492 1537 1520 LLJ 1518 1480 1476 3496 a N x N Private Streets N NOTE: 84 SIGNATURES Y REPRESENTING 80 TOWNHOMES Petitioners a c7 Surrey Heights - Petitioners 8/14/08 City of Ea~a~ Designate Winter Parking Schedule Engineering Department Q G:l YANKEE DOODLE RD. C 3PARKING A bAM-6PM EVEN DAYS NOY 15-APR 15 a U) m < 3PARKING 6AM-6PM ODD DAYS E R m ROY 15 APR 15 D O m m .ya FFM El ❑ O ~ PARKING ❑ 6AM-6PM W EVEN DAYS O 0 w _ I PARKING FT-1 R6Y 15- APR 15 W U_ 0 ANY T1 ~-j ~ DR. UV. S P GN-~ 11 PARKING A VR= 3PARK'NG 6AM-6PM ANY ODD DAYS APR 15 S. GREEN ELI'- T I E 4 ❑ boo F7 M o z N d N N 3 N N m C - Private Streets City of Ea p Surrey Heights 8/14/08 No Parking Layout Engineering Department Agenda Information Memo August 19, 2008'Eagan City Council Meeting G. CONTRACT 08-08, CITYWIDE TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 08-08 (Citywide Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, September 11, 2008. FACTS: • Contract 08-08 provides for the construction of new sidewalk or trail improvements adjacent to the following collector street segments: o Silver Bell Road (Cedar Grove Parkway to Blackhawk Road - north side) o Coachman Road (Yankee Doodle Road to 850 feet south - east side) o Federal Drive (Yankee Doodle Road to 400 feet south of Surrey Heights Drive - west side) o Elrene Road (Bridle Ridge Road to Canter Glen Drive - west side) It also provides for the overlay of the existing trail segment along the south and east sides of Northview Park Road from Braddock Trail to Elrene Road. All of these segments have been identified for construction in the City's 5-Year Capital Improvement Plan (2008-2012). • On June 3, 2008, the City Council authorized preparation of detailed plans and specifications for these projects in the 2008 construction season. • These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed by the City's engineering consultant, WSB Engineering, and are being presented to the City Council for their approval and authorization for the advertisement of bids. P Agenda Information Memo August 19, 2008'Eagan City Council Meeting H. CONTRACT 08-12, CONVENTRY POND NEIGHBORHOOD RAIN GARDEN IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 08-12 (Coventry Pond Neighborhood - Rain Garden Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, August 26, 2008. FACTS: • Contract 08-12 provides for the construction of 21 infiltration basins (i.e. rain gardens) and the preparation of planting beds for the future installation of vegetative landscaping in the residential neighborhood adjacent to Coventry Parkway, east of Dodd Road. • On June 19, 2007, the City Council authorized preparation of detailed plans and specifications for rain garden projects in the 2008 construction season. • On May 6, 2008, the City Council approved the naming of City Pond JP-23 as "Coventry Pond" at the request of this neighborhood, in part, due to their individual efforts of enhancing the water quality of this pond. The Council may also remember this neighborhood from the recent articles about their volunteer efforts to improve water quality. • This summer, as a part of Contracts 08-03 and 08-04, the City Council approved the installation of 10 rain gardens within the public right-of-way adjacent to residential properties. The rain gardens are a fresh management practice, enhancing a long standing local Water Quality program that will assist the process of meeting the Non- Degradation standards required by the Minnesota Pollution Control Agency (MPCA) for removal of Phosphorus and Total Suspended Solids while reducing the total volume of storm water discharged to City lakes and the Minnesota River. • The rain garden sites included in the plans were selected for their higher potential benefit to the storm water system, mainly due to permeable soil conditions and size of the contributing direct drainage areas. Constructability of the site and the willingness of the property owners to be responsible for the planting effort and long term plant maintenance were also key factors in selecting the locations. • The City Council may recall the steady annual increase of rain gardens indicated in the Water Quality Capital Improvement Program (CIP), 2009-2013. Currently, the CIP indicates an annual increase of a dozen gardens in conjunction with street revitalization improvements. Also included in the CIP are additional special projects related to Total Maximum Daily Load (TMDL) reduction projects for MPCA designated lakes such as Fish Lake and Schwanz Lake. Staff is currently preparing for the installation of another 24 rain gardens later this fall. • The plans and specifications have been completed by the City's engineering consultant, Barr Engineering, and are being presented to the City Council for their approval and authorization for the advertisement of bids. Agenda Information Memo Eagan City Council Meeting Consent Agenda, August 19, 2008 1. AUTHORIZE SUBMITTAL OF SUPPORT FOR FIRST GRANT APPLICATION FOR INTELLIGENT COMMUNITY ACTION TO BE CONSIDERED: To authorize the submittal of a letter of support to DEED for the FIRST Grant application being prepared for the South of the River Intelligent Community Initiative. FACTS: • The City of Eagan has been active in supporting the expansion and improvement of the broadband and infrastructure and capacity, specifically setting a goal of achieving world class broadband speeds to meet the needs of its businesses and residents now and in the future. • The City has been a leader in this policy area through its Technology Task Force and Technology Working Group and its participation in the Dakota County Broadband Group. The City has also been a leader in supporting the formation of a statewide broadband policy through participation in legislative activities and its membership on the recently formed Minnesota High-Speed Broadband Task Force. • The Minnesota Department of Employment and Economic Development is accepting applications for the current round of FIRST Grants, which are intended to support new and existing networks of economic development, workforce development, education and private sector business leaders in efforts to set and achieve strategies that grow the economy of a particular region. • Dakota and Scott County currently collaborate through the Dakota-Scott Workforce Investment Board and other joint and cooperative activities. The area also represents a subregion south of the Minnesota and Mississippi Rivers, which has certain characteristics unique from the rest of the metropolitan area and greater Minnesota. • Dakota Future is coordinating the submittal of a FIRST Grant application on behalf of the parties in Dakota and Scott Counties that have expressed interest in participating in the initiative. The focus of the grant supported activities would be to use the Intelligent Communities structure as organizing principles to complement current activities that support the expansion of the areas broadband based economy. • The group has requested letters of support from potential beneficiaries of the activities. No request is being made for financial support of the Dakota Future or the initiative that would be supported by the grant. ATTACHMENTS: • South of the River Intelligent Community Initiative background on pages through r• Draft grant application on pages through • Letter for Mayor's signature on page South of the River Intelligent Community Initiatives FIRST Grant Opportunity -si 4u rG. Project Overview Organize, develop and implement a collaborative economic development initiative in Dakota and Scott Counties based on the Intelligent Community framework. Obtain funding for this project through the MN Department of Employment and Economic Development's FIRST Grant program. What is Dakota Future? Dakota Future is a non-profit economic development corporation providing linkages between businesses, government and education with the goal of creating and maintaining a world-class social and economic environment in Dakota County. What is an Intelligent Community? Developed by the internationally recognized Intelligent Community Forum (wvv~ ~ ; an Intelligent Community promotes economic vitality through strategic focus on five key factors: • Broadband - share a clear vision of a networked future with adoption of policies and strategies to encourage broadband deployment and adoption • Knowledge Workers - support a workforce qualified to perform knowledge work from the factory floor to the research lab, from the construction site to the call center or web design studio. • Innovation with broadband as a catalyst, create an environment that builds the local innovation capacity of business firms and government • Digital Inclusion - ensure equity and productivity throughout the community by creating policies and programs that provide ubiquitous access and spread the essential knowledge necessary to participate in a technological society • Marketing - increase local and external market awareness of an area's assets to attract investment and increase economic vitality FIRST Grants The MN Department of Employment and Economic Development (MN DEED) (WIN 'A 1$' . ' ) has announced the availability of FIRST Grants of up to $50,000 to support new or existing networks of economic development, workforce development, education and private sector business leaders who set and achieve strategies that grow the region's economy. Our application is due August 27th. For more information, contact Bill Coleman at 11' or 651-491-2551. See the next page for a summary of communities successfully using this approach. Top Seven Intelligent Community Summaries (www.intelligentcommunity.org) Dundee, Scotland, United Kingdom - This former industrial center has transformed itself through government-academic-business collaboration and broadband deployment into a center for life sciences and digital media. A citizen smart card was so successful that the Government asked Dundee to run its national program. Dundee has created a Digital Observatory to track its progress as an Intelligent Community. Fredericton, New Brunswick, Canada - This community of 50,000 was a broadband "have not" until the City Council led an effort to aggregate public-sector, university and business demand and created e-Novations, its own fiber carrier, then launched the Fred- eZone wireless network offering free connectivity across the city. Today, Fredericton contains 70% of the province's knowledge-based businesses and is using ICT to substantially reduce its carbon footprint. Gangnam District, Seoul, South Korea - With only 2.5% of Seoul's population, this district produces 25% of the city's economic activity, and has invested its wealth in the next generation of e-government. A relentless digital drive has reduced the cost of government while delivering online services, education, quality of life programs and e- democracy to citizens. Over 70% of citizens have received ICT training. Northeast Ohio, USA - This region is rising to recreate the entrepreneurial business, political and social culture that produced its first wave of prosperity. A successful fiber network deployment by OneCommunity has been leveraged to jumpstart new investment, improve healthcare delivery, bring the best in culture and education to urban schools, and engage area leaders in regional economic development. Tallinn, Estonia - A suggestion by Estonia's president in 1995 that schools be connected to the Internet led to an ICT revolution that has linked 100% of Tallinn's secondary schools to the Web and established over 600 public access points. More than 100,000 adults have received ICT training, while e-government programs have produced one of the most advanced smart card systems in Europe and a middleware program that slashes the costs of e-government. Tallinn receives 77% of all foreign direct investment into Estonia and seven out of ten in its workforce are in the service sector. Westchester County, New York, USA - This suburb of New York City was largely ignored by broadband carriers until it amassed demand from public agencies and built a multi-gigabit fiber network that now serves over 3,500 companies. Determined to maintain the quality of life that is its most compelling advantage, the county has invested in promoting business growth, improving the skills of its workforce and fighting digital exclusion in a community that has seen new immigrants become 35% of its population. Winston-Salem, North Carolina, USA - Powerful government-business-academic collaboration led by Wake Forest University permitted this former "tobacco capital" to build a fiber network that spurred demand and led to an 88% broadband penetration rate. The partners have used this digital foundation to develop free computer labs across the region, create an e-government portal that is number three in the nation, and build a sustainable ICT skills training program. The city and county now count 37,000 biotech employees as residents and will fund a program to put PCs and broadband connections into the homes of low-income students. Executive Summary Today's global economy requires that regions have significant competitive advantages to be successful. Broadband networks, a technically skilled workforce and an environment that supports innovation and investment are the new critical building blocks. The South of the River Intelligent Community Initiative (S/RIC) is a new collaborative effort of business, education and government in Dakota and Scott Counties. This initiative will build on the work of Dakota Future in Dakota County to increase the global competitiveness of our economic region of the Twin Cities by developing and implementing strategies that will strengthen these assets throughout the S/R region. The Intelligent Community Forum ( ",,y.. ntcorn )has developed a framework for strategically mobilizing and harnessing these key assets within a community or region. S/RIC leaders will use this framework to mobilize participation from across Dakota and Scott Counties, and beyond as appropriate, to develop an integrated economic development effort. The five pillars of the Intelligent Community framework are: • Broadband - share a clear vision of a networked future with adoption of policies and strategies to encourage broadband deployment and adoption • Knowledge Workers - support a workforce qualified to perform knowledge work from the factory floor to the research lab, from the construction site to the call center or web design studio • Innovation - with broadband as a catalyst, create an environment that builds the local innovation capacity of business firms and government South of the River Intelligent Community Initiative Page 1 of 10 Version 5 • Digital Inclusion - ensure equity and productivity throughout the community by creating policies and programs that provide ubiquitous access and spread essential knowledge necessary to participate in a technological society • Marketing - increase local and external market awareness of an area's assets to attract investment and increase economic vitality Many partnerships are already in place, between local units of government (Dakota Co. High Performance Partnerships, Scott Co.SCALE, Dakota-Scott Workforce Investment Board), colleges (the Partners in Higher Education building in Apple Valley), Chambers of Commerce (annual joint leadership academy, Grow MN, and countywide business after hours) and business (Burnsville-based MEDNet). This region's scale will enable action strategies to be developed and implemented rather than just discussed. We are "right-sized" to adopt an action-oriented attitude. A regional steering committee will be formed to provide leadership, guidance and recruit stakeholder participation for this project. Dakota Future Urc;xom), a countywide non-profit economic development corporation, will assume project management and financial reporting responsibilities. Dakota Future's board members include business, education and government leaders of Dakota County. In its relatively short history, Dakota Future has conducted industry cluster analysis and a countywide telecommunications assessment as well as hosted county summits on workforce and business innovation. Dakota Future emerged from collaborative efforts to obtain countywide and community designation as E-Commerce Ready from DEED. In addition, Dakota Future led successful county efforts to obtain DEED Bio-Zone status for properties in Apple Valley, Burnsville, Eagan, Lakeville and Rosemount. South of the River Intelligent Community Initiative Page 2 of 10 Version 5 The Region - South of the River The S/R region centers on Dakota and Scott Counties. These counties have a combined population of 521,912, according to the 2007 population estimates of the state demographer's office, up almost 15% from the 2000 census figure of 445,402. This region includes approximately 10% of Minnesota's population. South of the River (S/R) is not just a marketing idea; it is a recognition that the Minnesota River Valley continues to be a significant geographic and economic barrier (from bluff to bluff, the distance can be more than four miles) that separates Dakota and Scott Counties from the rest of the metro area. To a certain extent, this barrier is as much psychological as physical. As a result, the S/R region has its own workforce, shopping, health care, employment centers and entertainment districts. The South of the River region is even tracked as a separate region by the commercial realtors. This separation slows commutes and inhibits business development. Over one-third of Dakota-Scott residents have commutes longer than 30 minutes with 56% working outside their home counties. Significant suburban residential development and business development is generally concentrated in the northern portion of both counties with agricultural lands to the south. Dakota County strong agricultural land preservation policies encourage this trend, thus reinforcing the concept of an economic region hugging the MN River Valley. The largest communities in the region include Eagan, Burnsville, Apple Valley, Hastings, Rosemount, Lakeville, Shakopee and Savage. In comparison to other metro counties, Dakota and Scott Counties actually draw a smaller percentage of commuters (4.2%) from adjacent rural counties (Goodhue, Rice South of the River Intelligent Community Initiative Page 3 of 10 Version 5 and LeSueur) than other metro counties (Carver - 9.7%, Washington -12.5%, Anoka - 8.1%), again reinforcing the notion of a unique economic region. The demographics of the S/R region are changing. While continuing to grow, the population is getting older and more diverse. The foreign-barn population in Dakota/Scott counties grew 84.5% between 2000 and 2006. 7.8% of the Dakota/Scott county population was foreign-born in 2006, compared to 4.9% in 2000. In 2006, over 50,800 Dakota/Scott residents spoke a language other than English and 20,450 spoke English less than "very well." The S/R does recognize that it is a part of a larger region and assets outside of the two-county area will be leveraged to implement the Intelligent Community Initiative. Examples include tapping into the University of Minnesota Twin Cities campuses for knowledge workers and innovation resources, linking to the Mall of America for the tourism cluster, and national and regional telecommunications providers. South of the River Competitive Analysis The S/R region has its unique combination of assets and liabilities, including location and infrastructure, educational resources, companies and people. Even with the physical separation provided by the Minnesota River, the S/R region has great proximity to the primary business centers of the Twin Cities, including the Twin Cities International Airport and the I-494 business development areas. Both downtown Minneapolis and St. Paul are reasonably accessible, especially from northern Dakota County. The S/R is the gateway to the Twin Cities from areas southeast, south and southwest Minnesota and beyond with major highways 1-35E, 1-35W, I-494, and highways 52, 55, 13, 3 and 169. A recent Dakota County commercial/industrial South of the River Intelligent Community Initiative Page 4 of 10 Version 5 development study projects that 58,000 new jobs, with its affiliated commercial/office/retail development, will be created in by 2030; this is almost twice the job growth rate of the Twin Cities region. Higher education resources in the region are improving, anchored by Inver Hills Community College (IHCC) and Dakota County Technical College (DCTC). IHCC has specialty programs in health care and in CISCO network security with growing expertise in online learning. DCTC has a nanotechnology program in collaboration with the U of M. In addition, there are significant private college resources, including Argosy University and Brown College in Dakota County. A growing number of colleges are providing educational opportunities in the region at locations like the Partners in Higher Education Building in Apple Valley. Scott County is pursing fiber-based distance learning connections with Minnesota State University -Mankato. The University of Minnesota's UMORE Park is a unique opportunity for economic development. The University is in the midst of creating a development plan for its property in Rosemount. Linking the University's plans to the wider area through the Intelligent Community provides the potential to multiply the impact of UMORE Park throughout the S/R region. As noted earlier, the S/R region has growing companies in advanced technology fields. Industries in the S/R area with higher than average location quotients and/or employment growth include: Publishing, Insurance, Computer and Electronic Manufacturing, Fabricated Metal Products Manufacturing, Transportation Logistics, Engineering and Construction, Professional, Scientific and Technical Services, and a vibrant tourism cluster. South of the River Intelligent Community Initiative Page 5 of 10 Version 5 a Dakota Future's industry cluster analysis led to the identification of three priority clusters in Dakota County - Information Processing, including publishing, data centers, insurance and marketing; Advanced Manufacturing, including metal manufacturing, aerospace and defense; and Food, Energy and Chemicals, including refining and processing of bio-products. Companies in these fields include industry leaders as Thomson Reuters, Goodrich Sensor Systems, Lockheed Martin, Seagate, Qlogic, Unisys, ADC, Flint Hills Resources, and many others, both large and small. MHTA's recent Tekne Awards have featured several S/R firms. These firms have high demands and growing needs for knowledge workers. In addition, there is S/R's well established tourism cluster of Mystic Lake Casino, Canterbury Downs, Valleyfair and the Minnesota Zoo which is being supplemented by a strong push for entertainment development in western Dakota County, most notably in the Burnsville Heart of the City downtown project and its prospective northwest quadrant development. Links will be made to the Mall of America and CVBs in any cluster initiatives. Threats to the region include the chaos in the airline industry. NWA's merger with Delta places many jobs at risk. In addition, congestion onrush hour routes and gas prices limit the ability to commute outside of the S/R to other employment opportunities. Excluding those communities on I-494, I-35 or Highway 169, attracting corporate site selectors to the S/R is a difficult task. The region is also characterized by the strong commitment to broadband development as a critical infrastructure. Both county governments have made strong initiatives to ensure that public buildings are connected via high-speed fiber optic South of the River Intelligent Community Initiative Page 6 of 10 Version 5 networks. Dakota County communities are collaborating to obtain ultra-high-speed broadband throughout their communities, especially in Burnsville, Eagan, Lakeville and Rosemount. Scott County's recently deployed network is a public private partnership stimulated private sector deployment of fiber that will enable additional telecom development beyond the public sector. Brainpower is critical to a region's future success and the percentage of knowledge workers in an economy is a strong indicator of economic vitality. S/R currently trails the metro average for knowledge workers as defined by DEED by a small margin, 48% to 43%, indicating a need to build strength in this sector of the economy. With the region's changing demographics, it is critical that all residents be prepared to take advantage of future knowledge worker opportunities so that existing and prospective companies will have the workers that they need to expand and locate in the region. Through this initiative, S/R residents should realize improvements in their ability to work close to home, work at home, and to start and expand businesses within the region. The S/RIC Network The activities of the South of the River Intelligent Community (S/RIC) Initiative will be driven by business, in collaboration with education and government leadership. Dakota Future's board of directors and committees include these key stakeholders. Scott County stakeholders will join these partners on the Steering Team and work groups. See Appendix 2 for lists of committed steering committee members and for companies targeted for participation through the planning and implementation phase of this project. South of the River Intelligent Community Initiative Page 7 of 10 Version 5 r~ Dakota Future will provide staffing for this initiative and will coordinate the activities of the steering committee and support the work groups throughout the process. Process Description Preparation Phase (October 1, 2008 - January 30, 2009) The steering team will create a vision and mission that will guide their work over the grant period. As a team, they will complete the Intelligent Community Forum benchmarking questionnaire as a baseline for policy/priority setting and future measurement and evaluation. The steering team will educate regional business and community leadership on the vision and mission, the Intelligent Community framework and the value of an aligned economic competitiveness strategy to obtain broader participation. The goal will be to deep within the region to identify and target leadership, especially from small and growing companies and from the four targeted clusters. To successfully accomplish this task, supporting online and print materials will be developed. Outreach will reach targeted leaders where they meet - chambers of commerce, rotary, economic development authorities, industry associations - and by hosting events to draw specific audiences - business officials from the four targeted clusters, elected and appointed government officials, k12 and higher education officials, and workforce staff. Kickoff Phase (early February 2009) Host a one-day event that brings business, education and government leaders together to present the vision and to learn the details of the S/RIC and the Intelligent Community approach. With one or more guest speakers and facilitators, gather input and South of the River Intelligent Community Initiative Page 8 of 10 Version 5 commitment to participate in efforts to improve S/R's assets in one of the five pillars of Intelligent Communities - Broadband; Knowledge Workforce; Innovation; Digital Inclusion; and Marketing. Begin to develop strategies, especially related to the needs of business within our four targeted industry clusters. Program Development Phase (mid-February - May 2009) The steering team will coordinate the activities of the work groups, ensuring coordination and alignment. Significant efforts will be made to incorporate the value present in the many existing organizations, coalitions and efforts in economic development, workforce development, broadband, entrepreneurship, social justice, education and e-government. We will strive to bring resources and partnerships to existing initiatives by connecting people across sectors now hampered by silos. Each of five workgroups will: 1) identify and build bridges to existing efforts in the focus area (if a focus area has an existing, appropriate group to take leadership of this area, all efforts will be made to bring this group under the S/RIC network); 2) develop goals, objectives and strategies to move SR forward; 3) identify linkages to other workgroup goals, objectives and strategies; 4) develop an implementation plan that includes required resources, partners, available resources, etc.; 5) advocate for program adoption by the steering team and stakeholders. Utilize the Dakota Workforce Foundation, a 501(c)(3), to investigate and pursue funding opportunities on behalf of the work groups, bringing the work groups together as appropriate, to develop fundable applications to foundations, government agencies and corporate sponsors. South of the River Intelligent Community Initiative Page 9 of 10 Version 5 F Use videoconferencing technology to connect the steering team and work groups to other communities successfully utilizing Intelligent Community strategies to improve understanding of best practices. Program Announcement Event (May 2009) Host an event to announce the work programs developed by the work groups and publicize success stories to date. Use this event as a reality check, to build support, promote awareness, attract additional partners, etc. Pilot Projects (May 2009 - ongoing) Pursue and obtain funding for initial pilot projects, preferably one project in each of five ICF framework areas. Continue to pursue work program strategies as resources become available and initial projects are completed. Utilize FIRST Grant funds for eligible expenses to support these projects. Attract a minimum of 2:1 funding match for these projects. Matching funds will include cash and in-kind. Intelligent Community Forum Benchmarking II (September 2009) Review and update ICF Benchmarking information. Apply to be recognized as an Intelligent Community through the ICF international competition. Next Steps (October 2009) With the steering committee and key stakeholders: • Review progress to date, including status of pilot projects • Determine the next steps to pursue the Intelligent Community framework, including priorities, sponsors, organizational responsibilities, sustainability and funding South of the River Intelligent Community Initiative Page 10 of 10 Version 5 City of Ea~an Mike Maguire August 19, 2008 MAYOR Paul Bakken Commissioner Dan McElroy I MN DEED Cyndee Fields 332 Minnesota Street, Suite E200 Meg Tilley St. Paul, MN 55101 COUNCIL MEMBERS Dear Commissioner McElroy: Thomas Hedges CITY ADMINISTRATOR Please accept this letter as our commitment of support for the South of the River Intelligent Community Initiative grant application through the FIRST Grant program. As a community that has been very active in supporting the expansion and improvement of Minnesota's broadband capacity and information business base, we view this project as an excellent opportunity to join with other key stakeholders to improve our area economy. MUNICIPAL CENTER By linking the assets of Dakota and Scott County and creating and pursuing an aligned 3830 Pilot Knob Road strategy, we can benefit from the increased scale of population, business and educational Eagan, MN 55122-1810 resources while maintaining a footprint small enough to be action-oriented. In addition, 651.675.5000 phone Dakota and Scott Counties have already been collaborating on a number of fronts, 651.675.5012 fax including the Dakota Scott Workforce Investment Board, transportation, and 651.454.8535 TDD telecommunications networks. Eagan's commitment to this initiative is demonstrated through our local efforts to improve the broadband capacity in our own community and in our active participation in MAINTENANCE FACILITY the policy process that gave rise to the Minnesota High-Speed Broadband Task Force. 3501 Coachman Point We are proud that a member of our business community, Rick King of Thomson Reuters, Eagan, MN 55122 is the Chair of the Task Force and that a member of our staff, Tom Garrison, our 651.675.5300 phone Communications Director, is a member of the group as well. 651.675.5360 fax 651.454.8535 TDD Dakota Future, our project applicant, is well-positioned to coordinate this initiative. Dakota Future's board of directors and membership include Dakota County businesses, local units of government and educational representatives. www.cityofeagan.com Thank you for your consideration. Sincerely, THE LONE OAK TREE The symbol of strength and growth Mike Maguire in our community. Mayor Agenda Information Memo August 19, 2008, Eagan City Council Meeting CONSENT AGENDA: J. Approve City of Eagan Information Technology Policy ACTION TO DE CONSIDERED: Approve the City of Eagan Information Technology Policy to be incorporated into the City of Eagan Personnel Policy. FACTS: • The City of Eagan Information Technology has been updated to incorporate the City's current technology environment. • The Information Technology Policy will be included in the City of Eagan Personnel Policy. • This Policy replaces the following policies in the City of Eagan Personnel Policy: 1. Use of the Internet, Intranet, and Electronic Mail Systems, dated March 2003 2. PDA Policy, dated April 2004 3. Electronic Mail Records Retention Data Practices Policy dates September 2005. 4. Cell Phones and Pagers Policy, dated February 2006. ATTACHMENTS: • Enclosed on pages a to ~ is a copy of the City of Eagan Information Technology Policy. a DRAFT JULY 2008 1 Eagan Information o Policy SECTION 1- INFORMATION TECHNOLOGY POLICY INTRODUCTION 1.1 Purpose/Overview 1.2 Policy Development 1.3 Auditing Information Technology Activities 1.4 Reporting 1.5 No Expectation of Privacy 1.6 Disciplinary Action 1.7 Separation of Employees SECTION 2 - INFORMATION TECHNOLOGY DEFINITIONS SECTION 3 - INFORMATION TECHNOLOGY USE 3.1 Hardware and Software Acquisition/Purchasing 3.2 Installation, Downloads, and Configuration 3.3 Support 3.4 Licensing 3.5 Data Management and Protection 3.6 Software 3.7 Portable Information Systems 3.8 Electronic Mail (Email) - Records Retention/Data Practices 3.9 Internet 3.10 Intranet 3.11 Cell Phones and Pagers-Operational Parameters 3.12 Personal Use of Information Technology Equipment 3.13 Prohibited-Inappropriate Non-business Use 3.14 Violation of Policies or Requirements SECTION 4 - INFORMATION TECHNOLOGY SECURITY 4.1 Purpose 4.2 Logins and Passwords 4.3 Physical Security 4.4 Shut Down Procedures 4.5 Virus Protection 4.6 Remote Network Access 4.7 Wireless Access 2 City of Eagan Information Technology Policy Section 1® Information Technology Policy General Information 1.1 Purpose/ Overview: The purpose of this policy is to inform and provide direction to all users regarding appropriate use and management of the City's Information Technology (IT) systems and resources. The intent is to provide a clear understanding of what is expected of employees and management in the area of information technology. All users must be authorized to use City IT systems through the approval of the user's department head or supervisor and IT. Use of City technology equipment is intended for business-related purposes. All computers and peripherals are the property of the City and should be respected as such by all users. Further, the policy sets standards to protect the City of Eagan's IT Systems from business interruption, unauthorized or inappropriate access, and to maintain security. This policy applies to all staff, vendors, consultants, volunteers, interns, and others who have access or use the City's electronic systems in any form or manner. This policy shall apply equally to all that have access. IT systems include, computers, e-mail, Internet, Intranet, printers, software, telephone, voice mail, cell phones, pagers, and similar equipment as deemed appropriate. All users are responsible for reading and following information that may be distributed from time-to-time by the IT division about appropriate precautions to protect City IT systems. City employees/users given access to the City's information technology network and computing systems are granted such access to conduct official City business. Such systems have been purchased, installed, and maintained by the City to facilitate the conduct of job responsibilities in the delivery of City services. The City Administrator, the Director of Administrative Services, and the IT Manager are authorized to interpret and/or grant written exceptions to this policy. 1.2 Policy Development This policy incorporates and supersedes the following approved City Policies: 1. City of Eagan Personnel Policy "Use of the Internet, Intranet, and Electronic Mail Systems", dated March 2003 2. PDA policy, dated April 2004 3. Electronic Mail (email) Records Retention Data Practices policy, dated September 2005 4. Cell Phones and Pagers Policy, dated February 2006. 3 1.3 Auditing IT Activities The City of Eagan reserves the right to monitor and audit use of its IT systems at any time and without the operator/user's consent. An audit finding of violation of City policies or criminal behavior may result in the removal of hardware and/or software not compliant with this policy and/or employee discipline up to and including termination. 1.4 Reporting Users are required to notify the Human Resources Manager or the Information Technology Manager upon learning of violations of this policy or potential IT security threats or incidents. 1.5 No Expectation of Privacy As a government agency, the City is subject to public disclosure laws. Users should have no expectation of privacy as all files and documents, including personal messages and Internet logs that are located on any of the City's equipment, are owned by the City. Therefore, activity may be subject to potential monitoring and review with or without notice by authorized City staff and all data is subject to disclosure pursuant to applicable laws and policies. 1.6 Disciplinary Action Violation of this policy may be grounds for disciplinary action, up to and including termination of employment with the City of Eagan. Discipline does not preclude separate criminal penalties resulting from an employee's illegal use of any IT systems. All discipline shall be in accordance with the City's personnel policies and applicable labor agreements. Should discipline occur, employees may initiate a grievance per City policy and/or applicable labor agreements. In signing the acknowledgement form, the employee acknowledges that this document has been read and reviewed and that he/she understands the policy. 1.7 Separation of Employees When an employee leaves employment through resignation or termination, the supervisor is responsible to immediately notify IT. To ensure security and confidentiality for the City's technology systems, IT will disable the user's account and notify LOGIS to disable the user's account and access to all LOGIS systems and applications. 4 Section Z - Information Technology Definitions Unless otherwise indicated, the following words and terms have the meanings indicated below: Blog - is short for Web log. A log is a Web page that serves as a publicly accessible personal journal for an individual. Blogs often reflect the personality of the author. City - Refers to the City of Eagan Configuration - is the way a system is set up or the assortment of components that make up the system. Configuration can refer to either hardware or software or the combination of both. Download - is a copy of data or software from a main source to a computer device. The term is often used to describe the process of copying a file or software from an online service or bulletin board service to a computer. Downloading can also refer to the copying of a file from a network file server to a computer on the network. Electronic Mail (e-mail) - is a network application that allows users to exchange messages over networks. Emoticons - electronic facial expressions used to indicate emotions (i.e. smiles or O) File Server - is an enhanced computer with network operating software that is used for file storage, application functionality, and managing network resources. Information Technology (IT) - manages the process and use of information on multiple platforms. Information Technology (IT) Systems - includes, computers, printers, software, e-mail, Internet, Intranet, telephone, voice mail, and similar equipment as deemed appropriate. Internet - is the global network connecting millions of computers and networks around the world. Intranet: - is network base web site accessible only within an organization. Intranet Web sites look and act just like any other Web site, but firewall security restricts external access. Installation - is the process of connecting and configuring IT systems hardware and software. Licensing - is the legal compliancy of IT systems hardware and software assets. Local Area Network (LAN) - connects computers and buildings together. PDA - is a Personal Digital Assistant (i.e. handheld devices such as Palm Pilots, Windows Pocket PC, BlackBerry, Treo, HP IPaq, Dell Axim). Peripheral - is a computer device, internal or external such as a CD-ROM drive, printer, keyboard, mouse, monitor that is not part of the computer itself. 5 Phishing - is the act of sending an e-mail to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. Portable Equipment - is the hardware that is small, lightweight and mobile (i.e. laptop computers, tablet pc's, hand-held computers, PDA's, projectors, flash drives and digital cameras). Social Engineering - is the act of obtaining or attempting to obtain otherwise secure data by conning an individual into revealing secure information. Phishing is a type of security attack that relies on social engineering. Software - system software includes the operating system and all utilities that enable the computer to function. Application software includes programs that assist users (i.e. word processors, spreadsheets, and database management systems). SPAM - is electronic junk mail or junk newsgroup postings. Spoofing (e-mail) - is the forging of an e-mail to make it appear as if it came from somewhere or someone other than the actual source. Users - regular, part-time, and temporary employees, vendors, consultants, volunteers, interns, and other authorized users. 6 r Section 3 - Information Technology Use 3.1 Hardware and Software Acquisition/Purchasing The IT Department must approve all hardware and software purchases prior to their acquisition to ensure consistency and compatibility with the City's IT network and other systems. No hardware device may be plugged into the City network or connected to a City network-connected device without prior approval from the IT Department. All hardware and software must be owned by the City. Software applications not required for official City business are prohibited. 3.2 Installation, Downloads, and Configuration All users are prohibited from installing and/or downloading software, including product demonstrations, without prior written approval from the IT Manager. Users are not allowed to manipulate or change hardware and software standard configurations controlling basic computer functioning. Software installed and setup on the computer by I T staff shall not be re-configured by the user. Re-configuring includes any modifications to the operating system configuration files; config.sys, autoexec.bat, initialization files for Windows, or application setup files. Customizing a personal computer is to be limited to items including wallpaper, screen savers, icons, toolbars, and colors. The IT staff must always be contacted for hardware support. City employees are prohibited from downloading, acquiring, or installing any software (personal, Internet, E-mail, outside vendor) on hardware including but not limited to; desktops, laptops PDA's, Memory sticks, wireless devices, and servers without prior consent and approval from the IT Department. If any data is to be copied to a diskette, CD, or storage device and moved to some location other than the defined backup site, approval must be obtained from the IT Department. 3.3 Support The IT Department should be contacted for hardware and software support by utilizing the City's help desk software. Users unable to gain access to the help desk software or the support requires immediate assistance, the user should contact the IT help desk at Ext. 5111. In the event after- hours emergency assistance is needed, the IT help desk should be called for assistance. (Ext. 5111 or 651-675-5111). 7 3.4 Licensing , To ensure license compliancy with Federal Law, all software must be purchased by and licensed to the City of Eagan and maintained by the City IT Department. Software is licensed to an organization for specific pieces of equipment. If there is any question about the legality of the software usage, contact the IT Department. 1. Development Any software program, developed for use by the City, becomes the property of the City. These software programs may not be sold or distributed. This includes, but is not limited to, macros and templates created for word processing, spreadsheets, presentations, and databases. 2. Home Use City-owned software is licensed and may not be installed on non-City owned equipment unless allowed by the software license agreement. 3. Copyright Laws Most computer software programs, applications and templates are copyrighted, and it is illegal to make copies. Under no circumstances may users make copies of City or privately owned software. City employees are required to abide by federal copyright laws and to abide by all such licensing agreements. If there is any question about the legality and appropriate use of the software, it should be directed to the IT Staff. To avoid violation of the City's license agreements with software vendors, at no time shall any software purchased by the City be copied to any type of media (diskette, CD, DVD, Memory Stick, etc.), installed on any computer that is not owned by the City, or be removed from City offices without authorization. To prove legal ownership of software, the City must have the original diskettes/CDs/DVD and manuals stored on City property. IT staff may periodically check for software that may be in violation of the above policy. 3.5 Data Management and Protection Under the provisions of the Minnesota Data Practices Act, all data stored on computer media owned, leased, or rented by the City is considered to be owned by the City. Data is subject to the Minnesota Data Practices Act and its use and dissemination must be consistent with the data classification under the Minnesota Data Practices Act. Review and investigation of this data will be consistent with those classifications and related requirements. The City's Responsible Authority should be contacted with questions regarding the classification of public or private data. 1. Data Ownership All information developed or introduced to a City technology system by a user in conjunction with employment with the City is the property of the City. 8 2. Data Storage All City data must be saved to a network drive on a City server. Users are responsible for deleting outdated files that are no longer needed for the compliance with the City Records Retention Schedule; this includes data files and e-mail messages. City data storage is disposed of according to security standards (i.e. back-up tapes). Once data has been written on media or devices, (floppy disks, CD's DVD's, memory sticks) it is often possible to recover it from the media even if the files are erased. Consequently, the media should be securely disposed of or cleaned by IT before leaving City property, assuming the data is no longer needed or required to be stored. The Responsible Authority should be contacted with questions regarding the City Records Retention Schedule. Data is not to be stored on the c:\ drive or portable media files except for additional temporary copies or for appropriate off-site work. Machines such as faxes or copy machines now commonly use hard drives and therefore, need to be securely disposed of when appropriate. IT is to be contacted if these itmes are being repaired so internal drives do not leave the property with possible City document images on them. 3. Data Backup The IT Department does a full back up of all data stored on the files servers once a week and a differential backup (data that has changed from the last full backup) each night. A monthly back up tape is created and saved for two years. A yearly back up is created and is kept indefinitely. E-mail is backed up separately and stored for 30 days. Workstation hard drives or any other devices are not backed-up. 4. Portable Media Files To facilitate off-site work, users may copy appropriate work files to and from portable media such as diskettes, CD's, or portable drives. No other files or information may be copied to or from the City computers. A current copy of the portable file(s) must be maintained on the City server. Portable media that leaves the City property should only be used to temporarily store data and only City owned media may be used for City data storage. Safekeeping is of the highest priority for portable media containing City data. 5 Password Protection If any software product that the City has purchased has the option to have files password protected, the password must always be shared with the user's appropriate supervisory personnel and the City IT staff. This is the only exception to sharing of IT related passwords. Password protection of files must be approved by the user's supervisor and IT, however, it is not recommended by the IT staff. In any event, the IT Department must be notified that the password option is being activated. 3.6 Software Virus protection and firewall software must be used on all City owned computer systems. 9 3.7 Portable Information Systems: Portable personal computer(s), laptops, digital cameras, projectors, and other City owned portable equipment can be used for City business, outside of City facilities, during and after normal working hours. When employees check out portable equipment they are expected to provide appropriate "common sense" protection against theft, accidental breakage, environmental damage and other risks. Desktop computers and attached devices are not to be removed from City buildings. The user is responsible for the back up of or loss of any data stored on the standalone or portable computer. IT staff is available to assist in the development of procedures for disaster recovery. 3.8 Electronic Mail (E-mail)-Record Retention/ Data Practices This section of the policy establishes practices to protect the City's e-mail records and to adhere to the Minnesota Data Practices Act and the General Records Retention Schedule for Minnesota Cities. The contents of e-mail messages determine whether an e-mail is public or non-public/private. It is the responsibility of the employee sending an e-mail to determine whether the e-mail is public or non-public/private. In the case of a-mails received from outside of the organization, it is the responsibility of the employee receiving the e-mail to determine whether it is public or non public/private. If an employee is uncertain whether an e-mail is public, he/she should contact the City's Deputy Clerk, who is the City's appointed representative for issues associated with records retention. When an e-mail is sent or received externally and it is determined that it is public information, the e-mail and any attachments to the e-mail must be retained in order to document the transaction. Therefore, all public a-mails must be either printed and filed as a hard copy or moved to the City's network Servers. All public e-mails, whether in hard copy form or contained on the network's drives, must be managed according to the Minnesota Data Practices Act and the General Records Retention Schedule for Minnesota Cities. The content of an e-mail determines how long the message needs to be retained. E-mail is intended as a medium of communication, not for information storage; therefore, the e- mail system should not be used for the storage or maintenance of official City records or other City information. Likewise, a-mails stored on the network should be limited only to public e- mails that must be retained according to the Records Retention Schedule. All e-mail messages will automatically be deleted from the e-mail system 30 days after receipt. The City will back up individual employee mailboxes daily. The daily backups are kept for 30 days, which means that IT staff will not be able to restore a deleted e-mail that is more than 30 days old. If retention of any message is warranted beyond a 60-day period, the message should either be retained as a hard copy or moved to the network as noted above. Spam e-mail messages should be deleted from your mailbox. You may forward the spam e-mail message to _~lc&,pr and then delete it fr om your mailbox. Do not forward the spam e- mail to any other destination. 10 1 '_2 Users are not allowed to auto-forward e-mail outside the City to a personal e-mail account (i.e. Hot Mail, Yahoo, etc.). a 3.9 Internet Access to the Internet through City equipment and connections is a resource and a tool that is provided and is to be used for matters directly related to City business activities. Employees are expected to exercise good judgment. Use of the Internet through City computers is a privilege, not a right, which may be revoked at any time for abusive conduct. The Internet is available to the City employees for research, education, and communications directly related to the mission, statutory requirements, or work tasks of the City. City employees must honor copyright laws regarding protected commercial software or intellectual property. Individual users of the Internet should minimize unnecessary network traffic that might interfere with the ability of others to make effective use of this shared network resource. Employees are responsible for adhering to City standards when browsing the Internet. Failure to adhere puts the City and the individual at risk for legal or financial liabilities, potential embarrassment and other consequences. The City retains the right to use management software to monitor end user activity. This software may monitor and limit Internet activity in order to ensure the most efficient use of our valuable resources. Access to specific Internet sites may be blocked at the sole discretion of the City. Inappropriate non-business use include, but is not limited to: audio, live/intemet radio, graphic or movie files (to include streaming audio and video, MP3, Jpg, Tif, Gif, Mpg, AVI, etc.); games; jokes; instant messaging; content of an offensive or pornographic nature; copyrighted material and large data files not directly related to City business. These items must not be downloaded from the Internet. These types of files can be large and affect the network or PC performance or carry viruses. Instant messaging is not allowed because it is not protected/encrypted and lacks anti-malware filtering. If additional access is required for your job, contact your supervisor. 3.10 Intranet The City of Eagan's Intranet is an internal Web site for use exclusively by City employees. The site is accessible by users within the City network for business related purposes to foster communications, enhance customer service and information flow. Intranet Content The Communications Department and the IT Department will coordinate with departments to provide tools, training and other assistance so that departments can publish and maintain their information. Web development or interactive application development, such as Web-enabled databases, will be coordinated through the Communications and IT Departments. 3.11 Cell Phones and Pagers-Operational Parameters Management reserves the right to determine whether City employees are required to have a cell phone, pager, and/or PDA available depending upon their position and job responsibilities. The City reserves the right to manage its employees, its resource allocation, and its equipment per all existing and subsequent agreements and policies. Department Directors are responsible for implementation of and compliance with this policy. 11 City Clerk and IT Manager are responsible to: ■ Determine and coordinate appropriate cell phone and pager plans with City designated providers. (City Clerk) ® Work with the Department Directors and authorize with the vendor(s) any new users and any changes to equipment resulting in an upgrade or expansion of services and/or costs. (IT Manager) ® Authorize exceptions to this policy as appropriate and necessary. (City Clerk & IT Manager) Accounts Payable Clerk is responsible to: ® Process invoices for payment. ■ Monthly, upon receipt from the provider, forward departmental billing records to the designated department representatives for circulation and collection of personal use reimbursements. Each department is responsible to determine a designated employee to: ■ Handle department employee billing/reimbursement processing. ■ Coordinate department user cell phone and pager needs with City Clerk/IT Manager. ■ Work directly with the providers for cell phone/pager repairs and replacements. ■ Coordinate the addition or deletion of users with IT to assure that all equipment is accounted for and tied to a user/department. Employees required to have a cell phone available may choose from the following two options: 1. Employees may use a City owned phone with the following stipulations: ■ All minutes for personal use of the City owned cell phone are to be reimbursed to the City at $.16 per minute. ■ The City will determine the provider, the plan, the equipment needed, and the reimbursement rate (currently $.16 per minute) for all City owned cell phones. ■ The City reserves the right to monitor and review cell phone billing records for personal calls. Personal use numbers and calls including both long-distance and local calls included on the cell phone billing records are not considered government data therefore, they are not public. In the event of a public information request those numbers and calls can be redacted before review or release of the records. 2. Employees may utilize a personal cell phone for City business with the following stipulations: • The cell phone must have the same availability/coverage as a City owned cell phone. • Minutes used for City business on personal cell phones will be reimbursed by the City upon request at the rate of $.16 per minute upon presentation of appropriate billing records and documentation. Reimbursement for City use of personal cell phones is limited to no more than 40 minutes per month per user. Personal billing records submitted to the City for reimbursement shall have all personal use numbers and calls redacted, therefore only numbers and calls related to City business would be retained in the City files subject to public information requests. 12 In terms of public information the net effect for the employee is the same under both options assuming in choice I that personal numbers and calls are redacted before review or release of the City billing records and assuming in choice 2 that the City only receives billing information on numbers and calls related to City business. Telephone data public information requests in general: • If the records are government data, they are categorized as; a.) public or b.) non-public. • Personal numbers and calls are deemed not to be government data so they are non-public for both local and long-distance calls. • City work related numbers and calls are deemed to be government data. • Long-distance numbers and calls are deemed to be public. • Local numbers and calls are deemed to be all related to personnel and are not public. 3.12 Personal Use of Information Technology Equipment 1. General The City of Eagan offers users the privilege of personal use of its technology. Personal use of the City technology is not private. Recognizing that users will benefit from using technology, personal use is allowed using the following requirements: ■ Only City users are to use the computers and computer related peripherals. ® Only City authorized software may be used. ■ Personal use is permitted only during non-work hours (before or after regular business hours, breaks, lunch) and only when other City business is not being performed on the computer. ® Users must use their own media (disks, CD's, portable disk drives) and paper. No personal files or data are to be stored on the City file servers or computer hard drives. ■ Personal use must not interfere with use of the technology for City business. ■ City technology may not be used for personal use outside City facilities (i.e. no take home use of City technology). ® Users must not use IT systems for items listed in Prohibited Use 3.13. 2. E-mail E-mail may be used for personal correspondence, as long as it does not interfere with the normal duties of the user and Section 3.12 Personal Use is followed. The City retains the right to monitor all e-mail activity. Using the City e-mail to participate in any kind of non-business related list servers, broadcast mailing or chain mailing is prohibited. Personal e-mail sent from a City e-mail account that might be considered an official City opinion must include a disclaimer stating: This email is not a City of Eagan opinion. Personal web posting from a City e-mail account is prohibited. Any e-mails containing profanity or sexually explicit or adult content material or which are otherwise deemed inappropriate or non-business oriented are not permitted and may be blocked. 3. Internet Internet access may be used for personal use as long as it does not interfere with the normal duties of the user and Section 3.9 Personal Use is followed. Employees are cautioned that obscene, offensive or other inappropriate information may be encountered while using the Internet. The City and its support contractors cannot entirely prevent this from occurring. City employees and contractors employed by the City are expected to refrain from disseminating such information. Internet use by 13 individuals may be monitored by the IT Department or by department management. This includes external links and services being accessed by employees and City contractors through the City provided Internet service. 4. Desks Telephones Desk telephones may be used for personal use a long as it does not interfere with the normal duties of the user and Section 3.12 Personal Use is followed. In the event that a user needs to make a personal long distance call due to an emergency situation, the preferred method of payment is a personal calling/credit card. If a situation arises where you not do have access to a personal call card, you must notify the accounts payable clerk in the Finance Department of the date, time and location of where the can was placed. The charge for the call will be the actual charge, plus tax, that would normally be incurred by the City. Payment is made to the City of Eagan. 5. Cellular Telephones The issuance and use of City-owned cellular telephones will be determined by the department head. The City does recognize that occasionally users may need to use the City issued cellular telephone for personal use. City cellular telephones may be used for personal use as long as it does not interfere with the normal duties for the user, Section 3.12 Personal Use is followed and the user reimburses the City for those personal calls. 3.13 Prohibited4nappropriate Non-business Use Use of City computers, software and peripherals for the following is strictly prohibited at all times: • For profit, non-profit, or commercial activities, including but not limited to consulting, typing services, software development, real estate, etc. • For any other public office or employment which is incompatible with City employment responsibilities. • For any political or religious activities. • For illegal or unethical activities. • For annoying or harassing other individuals. • For wagering, betting, or selling chances. • For fund raising except for City approved activities. • For use or possession of security auditing software and/or hacker tools. • For attempting to gain unauthorized access to a system. • For non-City blogging. ■ For broadcast mailing lists. Prohibited use includes, but is not limited to; the transmission of non-business audio, graphic or movie files (to include streaming audio and video, MP3, Jpg, Tif, Gif, Mpg, AVI, etc.); games; jokes; instant messaging; content of an offensive or pornographic nature; copyrighted material and large data files not directly related to City business. These items must not be downloaded from the Internet, sent or accepted as email attachments or installed on any City owned computer equipment including but not limited to desktops, laptops mobile and wireless devices, without prior approval from the IT Department. These types of files can be large and affect the network or PC performance or carry viruses. 14 The policies related to e-mail and Internet use have the same force and effect during non- business hours as it does during business hours. 3.14 Violation of Policies or Requirements Employees are responsible for adhering to the City's standards when using City systems. Failure to adhere puts our City and the individual at risk for legal or financial liabilities, potential embarrassment and other consequences. Violation of any of these policies or requirements may result in the revocation of the violator's use of any or all City IT systems and may be grounds for disciplinary action, up to and including termination of employment with the City of Eagan. Discipline does not preclude separate criminal penalties resulting from an employee's illegal use of any IT systems. All discipline shall be in accordance with the City's personnel policies and applicable labor agreements. Should discipline occur, employees may initiate a grievance per City policy and/or applicable labor agreements. SECTION 4 - Information 'T'echnology Security 4.1 Purpose The purpose of this section is to ensure, secure, protect, and allow appropriate access to City of Eagan IT systems and resources. 4.2 Logins and Passwords All users must use and maintain unique City-issued login IDs for computer and network related access. Multi-user or generic login ID's are permissible only in special circumstances approved and maintained by IT. User passwords must adhere to the following requirements: 1. Have a minimum of at least eight alphanumeric characters in length. 2. Must be changed every 180 days or as determined by the IT division. 3. Have a least one Capital letter and a numeric digit or character. 4. Have not been previously used in the last three password rotations. 5. Not include users first or last name. 6. Not be the same as a non-City password (i.e. personal banking account).+ Appropriate network access shall be assigned by the IT department to each user login ID and users may only log into computers and equipment with their own assigned login ID. Passwords are not to be shared with anyone, and will be forced to change every 180 days or as determined by the IT department. Passwords should not be easily guessed. Anyone forgetting their password, or suspect that their password's security has been compromised, should contact the IT department to be issued a new one, which must then be changed immediately. A user's account will be locked after three unsuccessful password attempts. The user account will remained locked for 15 minutes. After that time, the user may sign in to their account using the correct password. Department heads or supervisors are required to notify IT of new and terminated users. Users should only be granted the access needed to do their job. It is the responsibility of the department head or supervisor to know what is needed. 15 71 4.3 Physical Security Users are expected to provide reasonable security to their computer workstations and related IT equipment. This includes ensuring that passwords are not written down in accessible places, removable media must be kept in a secured area, and that confidential data is not displayed in such a manner that unauthorized personnel can view it. All IT equipment is City property and must remain in the approved areas. Users may not move IT equipment outside of its assigned area without prior approval from the IT department. Designated portable equipment, such as projectors, laptop computers, and digital cameras may be removed from City buildings only for City business. Unassigned portable equipment must be reserved and checked out only to City users. Users are expected to provide appropriate "common sense" protection against theft, breakage, environmental damage, and other risks. Assigned portable network equipment must be docked and connected to the City hard cabled network. 4.4 Shut Down Procedures Users are required to restart computers at the end of their workday. Network computers should not be powered off. The procedure to exit a network computer is: Start, Shut Down, Restart and power off monitor. Shutting computer power off may result in an increase in security vulnerabilities. 4.5 Virus Protection All computer workstations, laptops and servers are protected from viruses using up-to-date antivirus and antispyware software. Users may not alter their system's configuration or take other steps to defeat virus protection. All files on removable media must be scanned for viruses prior to opening the file(s) on a City computer. Any files suspected or known to contain viruses must be immediately reported to the IT department for proper handling. 4.6 Remote Network Access - VPN Remote access is defined as the ability to connect to a computer or network from off -site, such as from home, hotel, conference, Internet kiosk, etc. Remote access into the City's network, or any City-owned device, may be granted upon meeting the following conditions: I. Business-related purpose requested by department head and approved by the City Administrator and IT Manager. Requests must be in writing (email) with a detailed explanation of need and costs associated. 2. Use of City IT approved standard encryption and/or City supported VPN (Virtual Private Network) technology. This access must only be used on City approved devices with the exception of Outlook Web Access. 3. Authentication and access control will be maintained via the City's domain. Valid network login and passwords are required. 4. While remotely connected, no one but the authorized user may have access to the computer making the connection. 5. Remote computer must comply with current anti-virus, firewall, operating system patches, and security parameters as specified by the IT division. All remote users are subject to the rules and regulations set forth in this entire policy for all users. Users should follow proper data practices protocols as directed by Minnesota State Statutes. Storing of business related information on a home computer is prohibited. 16 1 4.7 Wireless Access Unauthorized wireless access into the City's computer network is strictly prohibited. Wireless access, is defined but not limited to, 802.11 (WiFi), Bluetooth, WiMax and cellular technologies. Users may not attempt to scan, connect to, or install any wireless computing device on City equipment or property. Wireless access must be authorized and configured by the City's IT department. They must utilize up-to-date virus protection and firewall hardware and/or software. Any authorized wireless access must utilize standards-based encryption, and conform to adopted security practices as governed by the City and/or state and federal government requirements. * "Employees are required to sign off on the overall IT Policy to demonstrate their willingness to adhere to the policy. 17 CITY F EAGAN TECHNOLOGY POLICY I have received the City's Information Technology Policy and reviewed it. I understand that this receipt will be filed with my personnel records. Employee Name (Please PRINT): Supervisor reviewing policy with employee: Employee signature & acknowledgement of policy having been reviewed: Signature of Supervisor Signature of Employee Date Date 18 Consent Agenda Information Memo August 19, 2008, Eagan City Council Meeting CONSENT AGENDA K. Accept a $50.00 donation from Residential Mortgage Group (RMG). ACTION TO BE CONSIDERED: To approve acceptance of a $50.00 donation from the Residential Mortgage Group. FACTS: • On July 23, 2008, the police department received a $50.00 donation from RMG. • Correspondence attached to the donation indicates RMG is a mortgage company that issues loans to residential customers. • RMG closed on a loan with an Eagan Homeowner. • Through a charitable program, RMG asks the homeowner to designate a school or public safety organization to receive up to $50.00. • The homeowner, Steve Munyon, asked that $50.00 be donated to the Eagan Police Department. Chief McDonald will be forwarding Mr. Munyon a letter thanking him for the donation. • Previous donations to the police department have been used to purchase equipment, provide additional staff training, or support the department's Chaplain and Explorer Programs. ATTACHMENTS: r~ =%j Consent Agenda Information Memo August 19, 2008, Eagan City Council Meeting CONSENT AGENDA L. Accept a $500.00 donation from Anchor Bank. ACTION TO BE CONSIDERED: To approve acceptance of a $500.00 donation from Anchor Bank. FACTS: • On June 27, 2008, the police department received a $500.00 donation from Anchor Bank. • Correspondence attached to the donation indicates (in part) that Anchor Bank is appreciative of the work our staff performs on a daily basis. • Chief McDonald sent a letter to Anchor Bank thanking them for the donation. • Previous donations to the police department have been used to purchase equipment, provide additional staff training, or support the department's Chaplain and Explorer Programs. NO ATTACHMENTS: a~ Agenda Information Memo August 19, 2008, Eagan City Council Meeting A. ORDINANCE AMENDMENT - CHAPTER 5 OF THE EAGAN CITY CODE REGARDING WINE, BEER AND LIQUOR LICENSING AND REGULATION TO ALLOW FOR 4:00 A.M. CLOSING OF ON-SALE ESTABLISHMENTS FROM SEPTEMBER 1 TO SEPTEMBER 5 ACTIONS TO BE CONSIDERED: To adopt an ordinance amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation. FACTS: ➢ With the 2008 Republican National Convention (RNC) being held in St. Paul this fall, the Legislature gave licensing jurisdictions that lie within the seven-county metropolitan area the authority to allow holders of existing on-sale intoxicating liquor licenses or 3.2 malt liquor licenses to stay open until 4:00 a.m. during the period from 12:00 p.m. on August 31, 2008 through 4:00 a.m. on September 5, 2008. ➢ At the August 4 City Council meeting, the Council decided that they would like to extend this opportunity to eligible on-sale establishments. Council directed the City Attorney to prepare an ordinance amendment to allow on-sale and 3.2 beer establishments to serve alcoholic beverages until 4:00 a.m. during the Republican National Convention. ➢ Council determined that no additional fee would be charged for the special permit allowing alcohol sales until 4:00 a.m. from the timeframe authorized by State Statute, August 31, 2008 at 12:00 p.m. through 4:00 a.m. on September 5, 2008. ➢ Since a primary requirement necessary to obtain an on-sale license in the City of Eagan is the service of food, Council determined that some food should be available for patrons during the hours of 2:00 a.m. to 4:00 a.m. The proposed ordinance amendment includes language that states, "The licensee shall have food available for sale to its patrons during the hours of 2:00 a.m. to 4:00 a.m." If Council's intent is that food be available, but would prefer not to make a distinction between food sale sales and complimentary food, the ordinance language should be revised accordingly. No other new restrictions or regulations are being proposed in conjunction with the 4:00 a.m. sales. ➢ All affected license holders were notified that Council would be considering the ordinance amendment at the August 19 City Council meeting. The ordinance will be effective upon publication which will occur on August 23 if approved by Council at the August 19 meeting. Licensees were sent the special permit, along with notice of the August 19 meeting, in order to expedite the approval process following publication of the ordinance. ➢ The ordinance will not be codified and will automatically be repealed at 4:01 a.m. on September 5, 2008. ATTACHMENTS (1): ➢ Draft ordinance amendment enclosed on page ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5, ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION," BY ADOPTING A TEMPORARY 4:00 A.M. CLOSING TIME FOR ON-SALE LICENSEES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 5 is hereby amended by adopting the following: During the period from 12:00 p.m. on August 31, 2008 through 4:00 a.m. on September 5, 2008, the hours for on-sale liquor sales and on-sale beer sales are extended to 4:00 a.m. for any current on-sale liquor or beer licensee, provided the licensee first obtains an administrative permit from the City Clerk. The administrative permit shall be subject to the following conditions: 1. The licensee shall be subject to all provisions of Chapter 5 of the City Code and any other city or state law or regulation; and 2. The licensee shall have food available for sale to its patrons during the hours of 2:00 a.m. and 4:00 a.m.. For purposes hereof, available food shall consist of, at a minimum, a limited selection of the licensee's regular menu items or similar items to those offered on the licensee's menu. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including `Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. Section 4. Repeal Date. This ordinance shall be automatically repealed at 4:01 a.m. on September 5, 2008. ATTEST: CITY OF EAGAN City Council By: Maria Peterson By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 0 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 19, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Extension of Doran Pratt Pre-Development Agreement 2. CEDAR GROVE REDEVELOPMENT DISTRICRT - Consider United Property's Request to Discontinue Acquisition of Wingfoot Property E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting August 19, 2008 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. • MINUTES -The minutes of the August 4, 2008 EDA meeting are enclosed on pages K,.,.. a MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 4, 2008 A meeting of the Eagan Economic Development Authority was held on Monday, August 8, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Tilley, and Commissioner Hunter. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Fields moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 Hunter abstained. 1. It was recommended to approve the minutes of the June 17, 2008 EDA meeting. OLD BUSINESS There were no Old Business items. NEW BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT STIPULATION OF SETTLEMENT FOR FORMER EGGUM ESTATE PROPERTY LOCATED ON BLUE GENTIAN CIRCLE Community Development Director Hohenstein discussed the tentative settlement with the representatives of the Eggum Estate located on Blue Gentian Circle. Commissioner Bakken moved, Commission Fields seconded a motion to approve a Stipulation of Settlement for the purchase of the Eggum Estate property in the Northeast Eagan Redevelopment District and authorize the EDA officers and City Attorney to execute the Stipulation and any related documents. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT STIPULATION OF SETTLEMENT FOR FORMER NULL PROPERTY 3998 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed a tentative settlement regarding the Null property at 3998 Sibley Memorial Highway. Commissioner Fields moved, Commissioner Tilley seconded a motion to approve a Stipulation of Settlement for the purchase of the former Null property in the Cedar Grove Redevelopment District and authorize the EDA officers and City Attorney to execute the Stipulation and any related documents. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT STIPULATION OF SETTLEMENT FOR FORMER SCHENDEL PROPERTIES 3995 AND 4015 CEDARVALE DRIVE Community Development Director Hohenstein discussed a tentative settlement regarding the purchase of the Schendel property at 3995 and 4015 Cedarvale Drive. Commissioner Tilley moved, Commissioner Hunter seconded a motion to approve a Stipulation of Settlement for the purchase of the former Schendel properties in the Cedar Grove Redevelopment District and authorize the EDA officers and City Attorney to execute the Stipulation and any related documents. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. Commissioner Hunter moved, Commissioner Tilley seconded a motion to adjourn the EDA meeting at 7:35 p.m. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting New Business August 19, 2008 1. CEDAR GROVE REDEVELOPMENT DISTRICT - CORE AREA PREDEVELOPMENT AGREEMENT WITH DORAN-PRATT ACTION TO BE CONSIDERED: To approve an extension of the Predevelopment Agreement with Doran-Pratt regarding the redevelopment of the core area property in the Cedar Grove Redevelopment District. FACTS: • At its meeting of August 21, 2007, the EDA and City Council approved a Preliminary Development Agreement with the Doran Pratt team to serve as the City's master developer for the core area of the Cedar Grove Redevelopment District. The agreement outlines the responsibilities of the parties and the steps to be taken to complete a site master plan, phased plans and development agreement. The initial term of the agreement is one year. • At its meeting of November 5, 2007, the EDA and City Council approved the Preliminary Core Area Redevelopment Concept Plan for the Cedar Grove Redevelopment District, as presented by Doran Pratt, with the following direction to the City staff and developer: o The proposed streets within the core area development should be aligned with those in the redevelopment area south of Cedar Grove Parkway. o The proposed level of retail development is at the low end of the Council's expectations for the area. The developer should explore additional retail uses for the development, particularly on the west end of the redevelopment across from the transit station site. o The developer should maintain sufficient flexibility to add density and respond to market trends over the life of the development. o Make sure that the district works financially for the City and for the taxpayers. o Provide unique, consistent streetscaping throughout the development to pull the area together. o Provide quality architecture and finishes that will be unique to Eagan and unique to Cedar Grove. o Implement the phasing plan in a way that works for the development and works for TIF. • Since that time, staff, the developer and the City's development consultants have worked together on refinements of the concept plan and financial analysis to respond to that direction. During that time, the development and credit environments have continued to shift and the development team has been addressing those issues to define the development plan at the next level of detail in a way that will be market supportable and financially feasible. • During the same time period, the City proceeded with acquisition of the remaining redevelopment parcels in the core area. While the City has been successful through negotiations and its eminent domain action in securing ownership and site control to 96% of the core redevelopment area, an appeal by three property owners continues. While the City and developer are working to identify a first phase of development that could proceed while the appeal is in process, the fact that the City and developer cannot assume full site control limits their ability to effectively plan for and market the redevelopment of the overall area. • As a consequence of both of these factors, City staff and the developer have not been able to bring forward a revised development plan or complete the analysis and negotiations necessary to complete a development agreement within the year contemplated by the Preliminary Development Agreement. Both parties are prepared to continue their efforts and a twelve month extension of the original agreement is being proposed for that purpose • The agreement extension has been prepared by the City Attorney's office and executed by Doran-Pratt. It is in order for EDA and Council consideration at this time. ATTACHMENTS: • Resolutions on pages through • First Amendment to the Predevelopment Agreement on pages through J, EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PREDEVELOPMENT AGREEMENT WITH DORAN-PRATT REGARDING THE DEVELOPMENT OF THE CORE AREA OF THE CEDAR GROVE REDEVELOPMENT TIF DISTRICT BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the First Amendment of the Predevelopment Agreement with Doran-Pratt regarding the development of property in the core area of the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 19th day of August, 2008. Jon Hohenstein, Secretary/Deputy Executive Director CITY OF EAGAN RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PREDEVELOPMENT AGREEMENT WITH DORAN-PRATT REGARDING THE DEVELOPMENT OF THE CORE AREA OF THE CEDAR GROVE REDEVELOPMENT TIF DISTRICT BE IT RESOLVED by the Eagan City Council to approve the First Amendment of the Pedevelopment Agreement with Doran-Pratt regarding the development of property in the core area of the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 19'' day of August, 2008. Maria Petersen, City Clerk FIRST AMENDMENT TO PRELIMINARY REDEVELOPMENT AGREEMENT THIS FIRST AMENDMENT PRELIMINARY REDEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of the day of , 2008, by and between EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation, and the CITY OF EAGAN, a Minnesota municipal corporation (collectively referred to as the "City"), and Doran Pratt Development, LLC, a Minnesota limited liability company (collectively referred to as the "Redeveloper"). The City and Redeveloper shall hereinafter be referred to as the "Parties." WHEREAS, the Parties entered into that certain Preliminary Redevelopment Agreement dated August 21, 2007 (the "Redevelopment Agreement") pertaining to the redevelopment of the core area of the Cedar Grove Redevelopment District generally depicted on Exhibit "A;" and WHEREAS, under the Redevelopment Agreement, Redeveloper was granted exclusive rights for a period of twelve months from the date of the Redevelopment Agreement; and WHEREAS, due to modifications to the Redevelopment Plan, the Redeveloper had requested that the City extend the Redevelopment Agreement for an additional twelve months; and WHEREAS, the City is willing to extend the Redevelopment Agreement all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. EXTENSION OF REDEVELOPMENT AGREEMENT. In consideration of the time, effort and expenses to be incurred by the City in pursing the undertakings set forth in through the Redevelopment Agreement, and in further consideration of the amount of Ten Thousand and no/100 Dollars ($10,000.00) paid by the Redeveloper to the City (the "Additional Deposit"), the receipt of which is hereby acknowledged, the City hereby agrees that the Redevelopment Agreement is hereby extended to August 31, 2009. 2. ANALYSIS FOR PUBLIC ASSISTANCE. The City is not presently making any commitment whatsoever to provide a specific type, level or amount of public assistance that may be available for the Site. However, upon submission of the Additional Deposit referred to in paragraph 2 above, the City will work with the Redeveloper to determine if public assistance is available to the Project. The City intends to retain the services of Faegre & Benson LLP, Ehlers & Associates, Inc. and Severson, Sheldon, Dougherty & Molenda, P.A. as well as other persons (collectively referred to as the "Consultants") upon the execution of this Agreement. Consultants are being retained to assist with legal matters pertaining to the Project. The City will reimburse itself from the Additional Deposit for all costs and expenses incurred by the City in connection with all costs incurred by the Consultants. 3. OTHER TERMS UNCHANGED. Except as modified above, all other terms and conditions of the Redevelopment Agreement remain in full force and effect. IN TESTIMONY WHEREOF, the Parties hereto have set their hands as of the date and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Mike Maguire Its: President By: Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Maria Petersen Its: Clerk Doran Pratt Development, LLC, a Minnesota limited liability company By: Kelly J. Doran Its: Chief Manager By: Leonard W. Pratt Its: ~I y STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2008, by Mike Maguire and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2008, by Mike Maguire, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2008, by Kelly J. Doran and Leonard W. Pratt, the Chief Manager and of Doran Pratt Development, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-26768) Agenda Memo Eagan Economic Development Authority Meeting August 19, 2008 2. CEDAR GROVE REDEVELOPMENT - NORTH DISTRICT - UNITED PROPERTV REQUEST TO DISCONTINUE WINGFOOT ACQUISITION ACTION TO BE CONSIDERED: To approve (or deny) a request by United Properties to discontinue the action to acquire the Bernstein-Perwien (Wingfoot) Property located at 3815 Nicols Road. and To direct staff to work with United Properties to further define an alternative development concept for the area and to consider the possible amendment or termination of the current Redevelopment Agreement. BACKGROUND ➢ The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Project Area. In addition to the redevelopment of the core area, as part of the Redevelopment Plan, the City has also sought to redevelop the northern portion of the redevelopment district (properties north of Highway 13). ➢ To facilitate the redevelopment, the City and the EDA entered into a Preliminary Redevelopment Agreement with United Properties Investment, LLC dated September 28, 2004 for exclusive redevelopment rights of certain properties within the northeast area of the redevelopment district. ➢ In return, the Redevelopment Agreement required United to construct a 255,000 Class A office building on an assembled parcel, consisting of property that United had purchased, a City-owned parcel and property at 3815 Nicols Road, which is owned by Robert L. Bernstein and Edmund A. Perwien (a/k/a B-P, a Texas co- partnership). ➢ Under the terms of the Redevelopment Agreement, United made repeated efforts to acquire the Bernstein Perwien property through direct negotiation, but the company was unsuccessful in its attempts to acquire the Property. On December 18, 2007, the company stated that it had exhausted good faith efforts to acquire as defined by Redevelopment Agreement and asked the EDA to initiate an eminent domain action to complete the acquisition of some or all of the, Bernstein-Perwien property. ➢ At the same time, United indicated that it had been unable to attract a Class A tenant and that the current market does not support a speculative Class A development. The company asked for the opportunity to bring forward an alternative development plan for the area, based on concept plans presented at that meeting. The EDA authorized staff to negotiate an amendment of the Redevelopment Agreement with United for a possible alternative development of the site for an high quality business park product (the EDA described its expectation being of a B+ quality) that would result in the phased redevelopment of the overall area (described as Concept Plan #2 as a phase leading to Concept Plan #3). ➢ On January 3, 2008, the EDA held a public hearing to consider the request and, on January 15, 2008, the EDA approved a resolution authorizing the action to acquire the Bernstein-Perwien property. ➢ Since that time, United posted a letter of credit to cover the expected costs of the acquisition and the City Attorney commenced the action to acquire. In the meantime, United continued to revise its concept plans in consideration of the improvements in the current Nicols Road right of way and the need to maintain public access to the Bernstein-Perwien property until a future phase of the project would result in its redevelopment. This information was also used by United to continue to analyze the expected costs of the development and, on the basis of those costs and projected revenues, United concluded that the phased project defined in December could not be completed. ➢ On July 15, 2008, United submitted a letter indicating that it would not be economically feasible to complete the project contemplated by the FDA's actions of December 18, 2007, and January 15, 2008 and requesting that the acquisition action be discontinued. If this request is approved, United will still be responsible for the City's costs to date for undertaking the action, as well as the property owner's costs, which are to be reimbursed if such an action is discontinued. The letter of credit also secures the repayment. ➢ On July 16, 2008, United submitted three alternative plans that may be considered for the possible development of the United parcel and the City parcel. If the EDA approves the termination of the acquisition action, it would also be in order for the EDA and Council to provide direction as to whether they would be open to considering a development application in line with one or more of the alternate concept plans that United has submitted. As with any review of concepts, the EDA and Council direction should not presuppose the outcome of an application review, but it would provide direction to staff and the developer as to whether the EDA and Council would be open to further consideration of a particular concept plan. ➢ It should also be noted that the effect of these actions means that the development contemplated by the original Redevelopment Plan cannot be implemented and the City and the developer will need to consider whether the agreement should be amended or terminated. -2- F ATTACHMENTS: ➢ Location map on page 1 ➢ United letter on page / ➢ New proposed alternatives on pages through ➢ Resolution on page ^I -3- s PerwirilVUingfoot Property D ~a - - \ - O . try SIIVer;BeII;Rd United/ Noth Disfr.[cfi Properties~'~ v edat--Grve e~tevel e = -,r e ee~ O o~ 1I A 325 650 1.300 - Feet Ctlj Of Eagan Cedar Grove' Redevelopment Area Pe in ingfoot Site and need North District Development Properties - r r UNITED PROPERTIES July 15, 2008 Mr. Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Jan: Consistent with our conversation today, United Properties has determined that it is economically unfeasible to acquire the land from Goodyear through the condemnation process given the price of the land and the cost of providing a new access point for the remaining Goodyear site. We would like to put a hold on all additional activities relating to that condemnation and anticipate that the condemnation process will be terminated but pursuant to your suggestion, would like to make sure we are headed in a direction consistent with the City's wishes. I will be forwarding to your three alternative site plans that show various uses for the two remaining parcels and look forward to reviewing those with you. Sincerely, Brian P. Carey Senior Vice President Development Enclosures BPCIbis 3500 American Blvd. W.. Minneapolis. MN 55431 a 952.831.1000 Fax 952.893.8206 www.uproperties.com I I R N W I t-- C=k Im- I I .O ME 10= I / / _ \ = d AS / c i 3JY1d l~tlFA3S31 ~ o'~i 1 \ f°az x ;M e Y 1 ~ rb u S I ~ I N o m I I I I II ,~l I i 1 \'~I= I I I I ;LL I " i -F- o - - - ~o i \t,---I-' - j -S y1 u i i i i Am~ j I j ~ ` m I i G ~ I f i I I in .i- ~ I I aUj Uiz N .y. 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QS i' --~-~.OE z V H LM~ i aMG \ SCI Pa I >yz \ r - - i o32 fxv . - - - N W s Q <Z I m I ¢aW I Q \ I S: V = I o I m W `L LL I C F F CL Q C~ O W I rt S F IJ I / I I \ o ac / W W Z=o MEZ GC 1 \ Zw i 33Vld i3Vl3SM F o~~ d Y< aZ ( GJ I JN I N I 1 a N Y. yo I zy I j 1 1 I A, 40 I ~ " m l . m I z i 6CW7 wm z W {W- t;o ZN I Lj ^ W Lux lo~ 'V c~z ¢ n W o I -I 1 os I ~ / z I ~ m / N_ / Z 0 I / at / < W LL U. u H u o e~ 0 W 1~1111 Ell EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO DISCONTINUE THE EMINENT DOMAIN ACTION TO ACQUIRE THE BERNSTEIN-PERWIEN PROPERTY LOCATED AT 3815 NICOLS ROAD WHEREAS, under the laws of the State of Minnesota and the terms of a Preliminary Development Agreement between the City of Eagan, the Eagan Economic Development Authority and United Properties Investment, LLC dated September 28, 2004, the City received a request by United to proceed with the acquisition of property located at 3815 Nicols Road, owned by Robert L. Bernstein and Edmund A. Perwien (a/k/a B-P, a Texas co-partnership) by eminent domain, and WHEREAS, at its meeting of January 15, 2008, the Eagan Economic Development Authority passed a resolution authorizing the initiation of an eminent domain action to the acquire property located at 3815 Nicols Road, and WHEREAS, the costs of the acquisition action are the obligation of United and have been secured by a letter of credit by the company, and WHEREAS, United submitted a letter dated July 15, 2008 to the City requesting that the eminent domain action be discontinued, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to authorize the City Attorney to discontinue the eminent domain action relative to the property at 3815 Nicols Road, owned by Robert L. Bernstein and Edmund A. Perwien (a/k/a B-P, a Texas co-partnership). Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 19th day of August, 2008. Jon Hohenstein, Secretary/Deputy Executive Director 1 1'; J-6 - Agenda Information Memo Eagan Economic Development Authority Meeting August 19, 2008 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT I ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. I I