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04/05/2011 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING APRIL 5, 2011 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE j II. ADOPT AGENDA 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) 4A ' APPROVE MINUTES I a B. PERSONNEL ITEMS 13 C. APPROVE Check Registers ly D. APPROVE Change Orders for Fire Safety Center P Ilo E. APPROVE Purchase of Replacement Fire Engine I7 F. APPROVE Yellow Ribbon Community Action Plan as prepared by the Eagan Yellow Ribbon Team G. SET Interest Rate on Special Assessments levied in 2011 at 5.0% H. APPROVE Change in Management on the On -Sale 3.2 Percent Malt Liquor (Beer) License for West End Hunting Club, dba West End Hunting Club located at 535 Gun Club Road �L;30 I. SCHEDULE Public Hearing to certify delinquent utility bills to Dakota County for May 3, $3� J. APPROVE Joint Powers Agreement with Minnesota Bureau of Criminal Apprehension to Enable the Police Department to obtain criminal justice information C39 K. APPROVE Tree Maintenance Contractor License for P & C Tree Service P3 L. APPROVE Tree Maintenance Contractor License for About Tree Care LtU M. APPROVE Premises Permit for Eastview Hockey Association to Conduct a Pull -Tab Operation at p Time Out Restaurant, 2864 Highway 55 N. APPROVE Exempt Permit for Pinewood PTO to Conduct a Raffle on May 13, 2011 at 4300 Dodd Road P� O. APPROVE Extension for Ruth Addition P. DESIGNATE Eagan 0 of July Funfest Banners as Government Signs Q. APPROVE Participation in the Twin Cities Regional Economic Development Partnership and Authorize a Budget Amendment for that Purpose R. AUTHORIZE Preparation of Preliminary Plans for Parking Lot Improvements at 3830 Sibley P Memorial Highway in the Cedar Grove Redevelopment Area S. RECEIVE Bids and Award Contract for Contract 11 -02 City -Wide Street Overlay Q, T. RECEIVE Bids and Award Contract for Contract 09 -18 Duckwood Drive Overpass (Bridge & Street Improvements) U. APPROVE Joint Powers Agreement with Dakota County for Digital Elevation Data Acquisition IF Ica V. RECEIVE Feasibility Report and Order Public Hearing (May 3, 2011) for Project 1035, Denmark Avenue & Promenade Place (Intersection & Street Improvements) W. Removed P16 X. APPROVE Temporary On -Sale Liquor License and Waive the License Fee for the Trinity School at River Ridge for a Spring Benefit Dinner on May 13, 2011 UP Y. SCHEDULE Public Hearing date for May 3, 2011 to Certify Delinquent Weed Cutting Bills f.0 Z. SCHEDULE Public Hearing Date for May 3, 2011 to Certify Delinquent Refuse Removal Bill AA. APPROVE Off -Sale Liquor License for RCJC Enterprises, LLC, dba MGM Wine & Spirits located at 4182 Pilot Knob Road bQ BB. APPROVE a Resolution allowing the Police Chief to approve Amendments to an existing Joint Powers 1 Agreement 1 0 ,1 i CC.APPROVE Tobacco License for RCJC Enterprises, LLC, dba MGM Wine & Spirits located at 4182 Pilot 1 Knob Road V. PUBLIC HEARINGS VI. OLD BUSINESS V 1 A. ORDINANCE AMENDMENT —Transient Merchant— City of Eagan —An Ordinance Amendment to Chapters 6, 7, 9 and 10, clarifying permitting requirements and permissible activities for transient merchants. VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT — Wildcats Bar and Grill — A Planned Development Amendment to allow On -Sale Liquor in conjunction with a Class I Restaurant located at 1448 Yankee Doodle Road; and On -Sale Liquor and Sunday License for Wildcats Bar and Grill, LLC, dba Wildcats Bar and Grill. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) Xll. CLOSED SESSION XIII. ADJOURNMENT 4 City of Eajan Yea TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 1, 2011 SUBJECT: AGENDA INFORMATION FOR APRIL 5, 2011 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 5, 2011 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 5, 2011 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 March 15, 2011 Regular City Council meeting and March 8, 2011 Special City Council meeting as presented or modified. ATTACHMENTS: Minutes the March 15, 2011 Regular City Council meeting are enclosed on pages through . Minutes of the March 8, 2011 Special City Council meeting are enclosed on pages through _�_ R,q F r MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 15, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, March 15, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Tilley and Fields. Also present were City Administrator Tom Hedges, Community Development Director John Hohenstein, Public Works Director Tom Colbert, Administrative Services Director Gene VanOverbeke, City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire recognized Councilmember Charlie Chrighton of Burnsville who recently passed away. 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 March 1, 2011 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Errin Bentz and Timothy Markee as Part Time Managers on Duty at the Community Center. C. It was recommended to ratify the check registers dated February 24, 2011 and March 3, 2011 as presented. D. It was recommended to approve a Tree Maintenance Contractor License for Bryan Gilles dba as Arbor Doctor at 8200 Stanley Road #30, Bloomington, MN. E. It was recommended to approve the new Lease Agreements between he City of Eagan and St. Croix Harley Davidson for two 2011 Harley Davidson motorcycles. F. It was recommended to approve 2010 General Fund budget adjustments related to the State Emerald Ash Borer Grant, the Sesquicentennial Celebration, the Dakota County High Performance Partnership (HiPP) participation fees; and the Opportunity City program. G. It was recommended to receive the bids for Contract 11 -01 (Citywide Street Improvements) and award the contract to McNamara Contracting in the base bid amount of $1,496,872.24 and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to award Contract 11 -07 (Schwanz Lake Rain Gardens) to Urban Companies for the base bid in the amount of $29,544.00 and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to approve a Wetland Replacement Plan /Bank Credit Withdrawal for Project 1016 R (Ames Crossing Road - Street and Utility Improvements). J. It was recommended to approve an Easement Agreement for Project 971 (Duckwood Drive - Bridge and Street Improvements) with the owner of Parcel No. 10- 77150 - 010 -01 and authorize the Mayor and City Clerk to execute all related documents. S- �L_ City Council Minutes March 15, 2011 Page 2 ' F T K. It was recommended to approve an Easement Agreement for Project 971 (Duckwood Drive — Bridge and Street Improvements) with the owner of Parcel No. 10- 77030 - 010 -01 and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve a settlement agreement between the City and Qwest Corporation calling for payment to the City in the amount of $8,840.25, and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve an Agreement with the Metropolitan Council for a Municipal Publicly Owned Infrastructure Inflow and Infiltration Grant Program and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve a First Amendment to amended and restated Minnesota Valley Transit Authority Joint Powers Agreement. O. It was recommended to adopt the Opportunity City Summary Final Report and to direct staff to work with the Advisory Planning Commission and Dakota County CDA to fine tune the areas of interest selected by the City Council. P. It was recommended to adopt a resolution to accept a cash donation of $4,000 from City and County Credit Union for the 2011 entertainment series for the 2011 Market Fest events and approve appropriate changes to the budget. Q. It was recommended to adopt a resolution to accept a cash donation of $6,250 from Genisys Credit Union to support several 2011 Parks and Recreation programs and events and approve appropriate changes to the budget. R. It was recommended to adopt a resolution to accept a cash contribution of $1,500 and in -kind donations from Rasmussen College to support the 2011 Market Fest event and approve any appropriate changes to the budget. S. It was recommended to declare the auxiliary generator adjacent to the Municipal Center as surplus property and have it disposed of appropriately. T. It was recommended to approve a Tree Maintenance Contractor License for Northway Tree Service, 26621 Woodcrest Circle, Elko, MN. U. It was recommended to approve participation in the Twin Cities Regional Economic Development Partnership and authorize the necessary changes to the 2011 budget. V. It was recommended to accept the resignation of Steven Chavez from the Advisory Planning Commission. W. It was recommended to approve the temporary on -sale liquor license and waive the license fee for the Eagan Foundation for a wine tasting event on April 12, 2011. X. It was recommended to approve a Tree Maintenance Contractor License for Precision Landscape and Tree, Inc., dba Precision Tree, 50 South Owasso Blvd. E., Little Canada. Y. It was recommended to adopt a Resolution approving an Exempt Permit for Red Pine Parent Teacher Organization to conduct a raffle on May 5, 2011 at Red Pine Elementary School, 530 Red Pine Lane. PUBLIC HEARINGS DRAINAGE AND UTILITY EASEMENT VACATION LOT 10, BLOCK 1, THE WOODLANDS City Administrator Hedges introduced this item regarding the vacation of a drainage and utility easement on Lot 10, Block 1, The Woodlands. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and approve the vacation of a public drainage and utility easement on Lot 10, Block 1, The Woodlands as described and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 6 CJ� City Council Minutes DA I A 15, 2011 ' 1 r Page 3 r T AMENDMENT AND RESOLUTION TO EXTEND A MINNESOTA INVESTMENT FUND GRANT AGREEMENT FOR BIOTHERA City Administrator Hedges introduced this item regarding an amendment to a Minnesota Investment Fund Grant Agreement for an expansion of Biothera at 3388 Mike Collins Drive. Community Development Director Hohenstein gave a staff report. Steve Karel, Chief Operating Officer for Biothera, discussed the company's planned expansion and hiring of two additional qualifying employees. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve a Resolution amending a Minnesota Investment Fund Grant Agreement for an expansion of Biothera at 3388 Mike Collins Drive. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment pertaining to outdoor storage of vehicles in commercial and industrial districts. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to City Code Chapter 11 relative to the outdoor storage of vehicles in commercial and industrial districts. Aye: 5 Nay: 0 NEW BUSINESS There were no New Business items. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no legislative / intergovernmental affairs updates. The regular City Council meeting was recessed at 6:50 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:20 P.M. ADMINISTRATIVE AGENDA City Administrator Hedges discussed the April City Council meeting schedule, suggesting changes due to a conflict with an event being held by the Eagan Foundation and the observance of Passover and Maundy Thursday. �7 City Council Minutes March 15, 2011 Page 4 JRA FT Councilmember Hansen moved, Councilmember Tilley seconded a motion to reschedule the April 12, 2011 Special City Council meeting to April 26, 2011 with April 25, 2011 tentatively scheduled if necessary; and reschedule the April 21, 2011 Regular City Council meeting to Wednesday, April 20, 2011. Aye: 5 Nay: 0 Public Works Director Colbert discussed an agreement with the Minnesota Department of Transportation that identifies agency responsibilities for construction activities, bridge ownership and various maintenance activities in regard to the Duckwood Drive Overpass bridge. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve Cooperative Construction Agreement No. 97693 with the Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Public Works Director Colbert discussed the need for load limits to be placed on Nicols Road due to its construction on weaker subgrade soils. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a 4 ton axle load limit restriction for Nicols Road from Silver Bell Road to the Burnsville corporate limits to be effective March 16 and authorize the appropriate postings and enforcement thereof. Aye: 5 Nay: 0 Community Development Director Hohenstein discussed the potential sale of Fire Station #2 property at 2980 Lone Oak Circle to a private party. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a purchase agreement for the sale of City owned property at 2980 Lone Oak Circle to Randy and Sandy Quam under the terms of the purchase agreement, which is part of an overall settlement agreement relative to the EDA's acquisition of the Randy and Sandy Quam property at 3925 Cedarview Drive in the Cedar Grove Redevelopment District and authorize the Mayor and City Clerk to execute the related documents. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 7:30 p.m. Aye: 5 Nay: 0 Date Mayor Deputy Clerk N MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 8, 2011 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Public Works Director Colbert, City Engineer Matthys, Community Development Hohenstein, GIS /Community Development Specialist Slettedahl, Planner Dudziak, Planner Thomas, and City Planner Ridley. I. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. OPPORTUNITY CITY UPDATE Mayor Maguire welcomed the members of the Advisory Planning Commission (APC) in attendance. The APC members introduced themselves. City Administrator Hedges introduced the item, noting that the Urban Land Institute and Regional Council of mayors developed the Opportunity City Program as a tool for cities interested in receiving assistance in pursuing their goal of supporting a full range of housing choices in suburban cities for a stronger, more prosperous region. Community Development Director Hohenstein provided an overview of the summary report of the Opportunity City's Housing Audit. The Council, staff, and Commission discussed the housing recommendations, which included: 1.) Enhance neighborhood preservation; 2.) Address aging in place; 3.) Attract/Retain young households; 4.) Increase connectivity; and, 5.) Continue the strong partnership with the Community Development Agency (CDA). Per the recommendations of the study, the City Council recommended that the staff further explore: Housing renovation local programs, rental registration, point of sale home inspections, accessory dwelling units, senior housing regeneration, new lifestyle rental, and Complete Streets. The Council asked that the Opportunity City Summary Final Report be included on a future regular City Council agenda for formal adoption, along with the specific areas voiced tonight by the Council for further review by staff. March 8, 2011 Special City Council Meeting Minutes Page 2 Mayor Maguire thanked the members of the APC for attending the meeting, and congratulated Steven Chavez on his recent appointment to the Metropolitan Council. The City Council recessed at 6:45 p.m. The City Council reconvened at 6:55 p.m. IV. OVERVIEW OF MSP REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP / ITASCA PROJECT City Administrator Hedges introduced the item, noting that the Itasca Project is a regional economic development partnership that is seeking to create a unified strategy and brand that is necessary to grow businesses and to compete to attract business and job growth from elsewhere. Community Development Director Hohenstein provided additional background on the Itasca project and introduced Kathy Schmidlkofer, who is current serving as the loaned executive from General Mills to guide the initiative. Ms. Schmidlkofer provided a presentation on the goals and plans for the Itasca Project. The Council gave direction to add an item to the March 15 Consent Agenda to authorize the City of Eagan's participation as a member of the MSP Regional Economic Development Partnership, at an annual cost of $25,000 to be funded from the City's 2011 contingency account. The Council asked that the Itasca Project CEO report back to cities as to the benefits, benchmarking, and results of the Itasca Project after the first year. V. REVIEW ALTERNATIVES FOR TRUNK HIGHWAY 77 MANAGED LANE STUDY City Administrator Hedges introduced the item, noting that the Council most recently considered the alternatives for the TH 77 Managed Lane Study at the January 18, 2011 City Council meeting, at which time the Council voiced their support solely for alternative 3B. Since that meeting, the cities of Bloomington and Apple Valley, along with Dakota County, have all concurred with and formally supported both Alternatives 2B and 3B. As such, MNDOT is asking the City of Eagan to reconsider their opposition to Alternative 2B. Public Works Director Colbert added that MNDOT has notified the City of Eagan that there is a requirement that all affected agencies much reach consensus in supporting the same two Alternatives in order for the process to proceed to the next level of Environmental Assessment (EA or EAW) studies and the Pre - Design Process. Mr. Colbert introduced Amr Jabr of MNDOT, who provided additional information to the City Council about the alternatives to be considered. The City Council discussed the proposed alternatives and provided direction that a letter be sent to MNDOT from Mayor Maguire expressing the City's revised position to explore the inclusion of Alternatives 213, along with Alternative 3B, in recognition of MnDOT's stated commitment at the March 8, 2011 workshop to include transit access options for the existing Cedar Grove Transit Station and the future Cliff Road station as part of the next level of the Environmental Assessment and Pre - Design Process. FAI March 8, 2011 Special City Council Meeting Minutes Page 3 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Alternatives 2B & 3B as the Preferred Alternatives for further environmental assessment as part of the TH 77 Managed Lane Evaluation Study and authorize the Mayor to submit a revised letter stating such support. Aye: 5 Nay: 0 VI. MNDOT SOUND WALLS: UPDATE, PROPOSAL AND DESIGN ELEMENTS City Administrator Hedges introduced the item, noting that MNDOT is at the workshop to provide an update on the first sound wall project proposed to be constructed along the west side of Interstate 35 -E, north of Diffley Road. Mr. Hedges noted that MNDOT is also proposing the construction of a second sound wall along the east side of Interstate 35 -E, north of Deerwood Drive. City Engineer Russ Matthys provided additional information about the projects and introduced Peter Wasko of MNDOT, who addressed the City Council on the sound wall proposals. Mr. Wasko noted that the construction schedule for the first wall has been moved up from 2014 to 2012 due to the elimination of other higher prioritized sound walls within the metro area. The Council gave direction for MNDOT to continue to work with the City's engineering staff on the development of a second (wooden) noise wall along the east side of Interstate 35 -E, north of Deerwood Drive, which is proposed to be built in 2016. The Council directed that the City's portion of the funding required for the walls be allocated from the Major Street Fund, for consideration through the Capital Improvement Program (CIP) process. The Council also directed that the walls be wooden and asked staff to work with MNDOT to look at two design alternatives: 1.) Wooden wall, with column caps flush with the top of the wall and trees and vegetation planted in front of the walls; or, 2.) Where trees or vegetation are not possible, consider architectural trees on every other panel that are built into the wall itself (e.g. Woodbury approach). They also stated that any additional architectural or landscaping improvements will be financed by the City, but it must be limited to the freeway side only. Private property side improvements will also be considered if it is 100% financed by the property owners. VII. OTHER BUSINESS There was no other business. VIII. ADJOURNMENT Councilmember Fields moved; Councilmember Bakken seconded a motion to adjourn the meeting at 8:46 p.m. Aye: 5, Nay: 0 Agenda Information Memo April 5, 2011 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Amy Grannes for the Clerical Technician III position in Community Development. FACTS: • The Eagan City Council previously approved the filling of this vacancy (due to employee resignation) at the Council meeting on March 1, 2011. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Teresa Lettow Community Center Fitness Instructor Lauren Loeffler Cascade Bay Coordinator Maura Marko Forestry Forestry Tech Ray Vogtman Forestry Tree Inspector Charlie Williams Forestry Landscape Laborer Allen Mestad Forestry Landscape Laborer Michael Thompson Forestry Landscape Laborer Katie Shields Forestry Landscape Laborer Jenny Piskor Forestry Landscape Laborer Ryan Marks Forestry Landscape Laborer Kevin Kiewatt Forestry Landscape Laborer Art Fugere Forestry Landscape Laborer Agenda Information Memo April 5, 2011 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 11, 2011, March 17, 2011 and March 25, 2011 as presented. ATTACHMENTS: • Check registers dated March 11, 2011, March 17, 2011 and March 25, 2011 are enclosed without page number. ff Agenda Memo April 5, 2011 Regular City Council Meeting CONSENT AGENDA: D. APPROVE CHANGE ORDERS FOR FIRE SAFETY CENTER PROJECT ACTION TO BE CONSIDERED: To APPROVE change orders for Fire Safety Center. FACTS: The Council has previously authorized award of 26 contracts for the construction of the Fire Safety Center project. We have had to make minor adjustments to the project as it proceeds, which has resulted in the changes listed below. City Staff and Bossardt Staff are recommending the following change orders for an increase of $60,586. A number of these changes relate to an issue that was experienced with contaminated paint supplied by Sherwin Williams for the garage doors. The City Attorney is working with Sherwin Williams to resolve the additional expense the city inquired due to the faulty paint. 1. ASI -043- Change gas grill- $0 2. PR -056- Revise CMU wall for metal frame- $2,775 3. PR -060R- Modification to stairway A- ($929) 4. PR -063- Revise exhaust vent in kitchen- $1,603 5. PR -066- Provide control panel for pre- action system- $4,808 6. PR -067- Provide a steel gate for stairway B per city officials- $557 7. RCO -002- Masonry changes- $1,600 8. RCO -040- Install rock mulch- $929 9. RCO -067- Secure evidence room wall- $2,373 10. RCO -069- Disassemble and reassemble bi -fold doors - $16,000 11. RCO -070- Modify CMU wall in restroom #106- $546 12. RCO -077- Low voltage to door access system- $529 13. RCO -078- Replace damaged roof on temp toilet- ($139) 14. RCO -079- Modifications to counter top- $3,186 15. RCO -080- Provide pump for condensation line- $394 16. RCO -081- Fire Pole modification- $670 17. RCO -082- Repaint apparatus bay doors- $24,800 18. RCO -083- New thresholds for low voltage wiring- $683 19. RCO -084- Credit for returned sinks- ($852) 20. RCO -085- Lintel extensions- $0 14 21. RCO -086- Backer panels for mounting signs to window surface -$280 22. RCO -088- Modify doorjambs in antique bays- $773 ATTACHMENTS: None 6 Agenda Memo April 5, 2011 Regular City Council Meeting CONSENT AGENDA: E. Award Bid Replacement Fire Engine. ACTION TO BE CONSIDERED: Award bid for construction of a replacement fire engine. FACTS: • At the August 2 nd , 2010 City Council meeting, Council authorized the Fire Department to advertise for bids to replace a 1980 Fire Engine for 2010. • We received bids from three fire apparatus manufactures. The low bid was from Pierce Fire Apparatus in Appleton Wisconsin. • The 2010 purchase included an option for the city to purchase a second "twin" fire engine for the same price as the 2010 fire engine for 2011. • The approved 2011 CIP budget includes replacement of Unit 1220 which is a 1988 fire engine. • The Fire Departments Truck Committee has reviewed the proposal from Pierce and has indicated that the proposal meets our request. • We are recommending that the Council authorize the award of the contract to buy the second replacement fire engine for the same amount as the 2010 truck for the amount of $405,604 • The price reflects the prepayment option to prepay for the entire apparatus upon acceptance of the contract. This option saves the City of Eagan $8,169. • The price includes the loose equipment for the truck. This replaces the equipment that was original with the 1988 Fire Engine. The new truck would be delivered by November 1 st 2011. Funding for this fire engine will come from the City's Fire Apparatus Revolving Fund as approved by the city Council in late 2007. Equipment Certificates will be sold to provide the cash flow for this purchase. ATTACHMENTS: None lie Agenda Information Memo April 5, 2011 City Council Meeting F. APPROVE YELLOW RIBBON COMMUNITY ACTION PLAN AS PREPARED BY THE EAGAN YELLOW RIBBON TEAM ACTIONS TO BE CONSIDERED: To approve the Yellow Ribbon Community Action Plan as prepared by the Eagan Yellow Ribbon Team. FACTS: • The Eagan Yellow Ribbon Team is a dedicated group of volunteers consisting of Eagan residents and members of the Eagan business community, faith community, and City staff. • The team has been meeting monthly over the past year to develop an action plan for the team that outlines opportunities within the community to serve families of deployed servicemen and women. • By definition, a Yellow Ribbon Community unites all areas within a community to create a comprehensive network that connects and coordinates agencies, organizations, resources and employers for the purpose of proactively supporting Service members and military families. There are currently 17 Yellow Ribbon Communities in Minnesota. • The Eagan Yellow Ribbon Team has worked on numerous projects over the past year, including: providing lawn and car care to families of deployed troops, supporting the Tribute to the Troops 5K/Scoops for Troops in memory and honor of those who serve, working with the City to provide promotions at the Eagan Community Center for military families, supporting Veteran's Day events throughout the community, and setting up a scholarship for a student of a military family. • The Coordinators of the Yellow Ribbon Team, Bud and Julie Johnson, have prepared the enclosed Yellow Ribbon Community Action Plan, which is a requirement of the State of Minnesota prior to a city being officially recognized as a Yellow Ribbon Community. • The Eagan Yellow Ribbon Team is asking the Eagan City Council to formally approve the plan for the Mayor's signature. The approved action plan will then be submitted to the State of Minnesota, in partnership with the National Guard, requesting that Eagan be designated as a Yellow Ribbon Community. Typically, the State works with the team requesting the designation to make any changes or additions to the plan as necessary. ATTACHMENTS: • Enclosed on pages 0 through is the proposed Eagan Yellow Ribbon Action Plan. �7 N V r . 0 3 0 Q. a � O L C C I cu c Cl) cu �.+ Y C L O N -0 °. C ^^ C N C a) a) ac 0 Z o E L 0 Z N - 2 _U O -0 d O L- CO E N O E O N CL >mcnn N cn > > > N > c N N N CK_ ca o > (n cu U j C N N N O N OL ca i L p C C) � O L C C I .E 0 U cu O >+ a co °. C ^^ ^' ( a L A ^, J Z V Q- C O ,O d co cu CO N >mcnn > > > > > CK_ ca o O i E (� ca - O O L c Cc -0 ^ cn ^` cu W E c W N > co E = N - ! C N ' ° c G1 O rn a- N Co j E co .� o Cc cn O G .N c N U O N w c o �Q .E 0 U 0 a c O >+ a co °. C ^^ A, N •� r N A ^, J W E U V d1 O N1 d d CO 0 a C V w 0 'v O >+ °. 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W w Y T C •� z a E E U U c E W rn rn O U N � > w w c N c m w > 3 W f0 cv = :3 (0 O C 7 Q C C Q � rn -p = c cn co O p t N N m >' EE M O U F- O c co N N `n m O 0 c a) co � U U' w c W CU L N H V- W L � U) ' o O V N 'd >`d� m C m A 0' •� d O W C O % N c 7 C CL d C N N 01 Q a� �a�E m ci wH w I O a a in O cn cu 2 cu W Y cu c_ z . Y O z a O LL E _O E } O U N � _p O co c • c m � 3 cv = O "- O � a? � c -p = c cn co CU t L- c E EE O U (D O () co N N 0 O � U O c CU U) H c O � L. O c e� cu W d 2 c O . m t c C 7 E O V ea L O U O O N a C O .Q • L O N J co 0.9 Tr r r 00 i Ob co co IL LO W co O a z� O 00 M Q M V � r_ c C O Z N O O O c7 Agenda Information Memo April 5, 2011 Eagan City Council Meeting G. Set interest rate on special assessments levied in 2011 at 5.0 %. ACTION TO BE CONSIDERED: • To set the interest rate for special assessments levied in 2011 at 5.0 %. FACTS: • In 2010, the Council adopted a policy establishing how the interest rate for special assessments levied in the current year is determined. The rate applies to assessments on public improvement projects, delinquent utility bills, and delinquent invoices for noxious weed - cutting, board -ups, and false alarm charges. • By policy, the rate is to be between 1.5% and 2.0% over the current composite 10 -year AAA municipal bond yield, rounded to the nearest .5 %. • The current composite 10 -year AAA municipal bond yield is 3.03 %; therefore, the interest rate to be used on special assessments this year calculates to 5.0 %. • Last year, the special assessment rate was 5.0% as well. ATTACHMENTS: • None WN Agenda Information Memo April 5, 2011, Eagan City Council Meeting H. APPROVE CHANGE IN MANAGEMENT ON THE ON -SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR WEST END HUNTING CLUB, DBA WEST END HUNTING CLUB LOCATED AT 535 GUN CLUB ROAD ACTION TO BE CONSIDERED: To approve a change in management on the on -sale 3.2 percent malt liquor (beer) license for West End Hunting Club, dba West End Hunting Club located at 535 Gun Club Road. FACTS: ➢ A change in management has occurred at the above referenced location. The new manager of the West End Hunting Club, Gene Vivant, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and fmds no reason for denial. ATTACHMENTS (0): Agenda Information Memo April 5, 2011 Eagan City Council Meeting CONSENT AGENDA SET PUBLIC HEARING DATE FOR MAY 3, 2011 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 3, 2011 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: On a semi - annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. No attachments a� Agenda Information Memo April 5, 2011, Eagan City Council Meeting J. Approval of a Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement enabling Eagan Police Officers to access Criminal Justice Data through the Minnesota Bureau of Criminal Apprehension. FACTS: • The Minnesota Bureau of Criminal Apprehension (BCA) is responsible for providing a network of criminal justice data. The network is very robust and links information from the federal government and all 50 states. • Through the network, law enforcement officers can access an infinite amount of information. Examples of criminal justice data available include the ability to verify driver's license /motor vehicle information, check to see if a person has an arrest warrant or is listed as missing, and verify if property is stolen. • The agreement demands police personnel use the system for legitimate law enforcement purposes. Compliance is periodically checked through audits conducted by personnel working for the BCA. • Accessing the network is essential to law enforcement officers. • The agreement was reviewed by the Eagan City Attorney's Office. Attachments: r)ry A copy of the agreement is attached as pages ,3� through : ) / — DPS- M -1192 MN0190800 STATE OF MINNESOTA JOINT POWERS AGREEMENT CRIMINAL JUSTICE AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ( "BCA ") and City of Eagan on behalf of its Police Department ( "Agency "). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties. Agency wants to access these data in support of its criminal justice duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to- computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30 -38 and Minn. Stat. §299C.58, BCA will provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. �_� DPS- M -1192 MN0190800 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI -CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI -CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at Www.dps.state.mn.us/cjdn/ 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https: / /sps.x. state .mn.us /sites/bcaservicecatalo defaulLaspx 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function needs to be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDeskkstate.mn.us 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI -CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A 'or indirect access as described in Clause 2.213, BCA's transaction record meets FBI -CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must keep a transaction record sufficient to satisfy FBI -CJIS requirements and permit the audits described in Clause 7 to occur. 2 DPS- M -1192 MN0190800 If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The Police Department pays for [1] lines and [4] terminals. The bills are sent quarterly for the amount of six hundred thirty dollars ($630.00) or a total annual cost of two thousand five hundred twenty dollars ($2,520.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and /or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651- 793 -1007, or her successor. The Agency's Authorized Representative is James McDonald, Chief, 3830 Pilot Knob Rd, Eagan, MN 55122, (651) 675 -5700, or his/her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, or their successors in office. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. 3 DPS- M -1192 MN0190800 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and /or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report 4 35 DPS- M -1192 MN0190800 the status of the Individual User's access to BCA without delay. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 5 L / `.J YJ DPS- M -1192 MN0190800 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and l O.Venue. The parties indicate their agreement and authority to execute this Agreement by signing below. 1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF Individual certifies that funds have been encumbered as required CRIMINAL APPREHENSION by Minn. Stat. §§ 16A.15 and 16C.05. Name: Name: (PRINTED) (PRINTED) Signed: Date: CFMS Contract No. A- 2. AGENCY Name: Signed: Title: (with delegated authority) Date: (PRINTED) 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division Signed: Title: (with delegated authority) Date: Name: (PRINTED) Signed Title: (with delegated authority) Date: By: _ Date: 37 Agenda Memo City Council Meeting April 5, 2011 CONSENT AGENDA: K. TREE MAINTENANCE CONTRACTOR LICENSE FOR P & C TREE SERVICE ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for P & C Tree Service, 15811 Lincoln St. NE, Ham Lake, MN. FACTS: • Christopher M. Daniels, owner of P & C Tree Service, has applied for a Tree Maintenance Contractor license for 2011 and all requirements of the application have been met and the fee has been paid. • Staff recommends approval. ATTACHMENTS: None. The application is available for review in the Administration Department. Agenda Memo City Council Meeting April 5, 2011 CONSENT AGENDA: L. TREE MAINTENANCE CONTRACTOR LICENSE FOR ABOUT TREE CARE ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for About Tree Care, 4749 Narvik Drive, Eagan, MN. FACTS: Steven Hovland, owner of About Tree Care, has applied for a Tree Maintenance Contractor license for 2011 and all requirements of the application have been met and the fee has been paid. Staff recommends approval. ATTACHMENTS: None. The application is available for review in the Administration Department. 39 Agenda Memo City Council Meeting April 5, 2011 CONSENT AGENDA: M. Premise Permit for Eastview Hockey Association to conduct lawful gambling at Time Out Restaurant, 2864 Highway 55 ACTION TO BE CONSIDERED: Adopt Resolution to approve a Premise Permit for the Eastview Hockey Association to conduct lawful gambling at Time Out Restaurant, 2864 Highway 55 FACTS: • The Eastview Hockey Association has applied for a Premise Permit to conduct a pull -tab and bar bingo operation at Time Out. • The Police Department conducted a background investigation in January of this year when the Eastview Hockey Association applied for a Premise Permit for Casper's Cherokee Sirloin Room. The Association also has a charitable gambling operation at Old Chicago. • All requirements have been met and staff deems the application in order for approval. ATTACHMENTS: • A copy of the proposed resolution is attached as page. • The application is available for review in the Administration Department. �D RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT FOR EASTVIEW HOCKEY ASSOCIATION ON TIME OUT RESTAURANT PREMISES WHEREAS, the Eastview Hockey Association has applied for a Gambling Control Board Premise Permit for a pulltab and bar bingo operation at Time Out Restaurant, 2864 Highway 55; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Eastview Hockey Association's application for a premise permit to conduct a pulltab and bar bingo operation at the Time Out Restaurant, 2864 Highway 55. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk CERTIFICATION I, Christina M. Skipioni, Deputy City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5 th day of April, 2011. City Clerk 41 Agenda Memo City Council Meeting April 5, 2011 CONSENT AGENDA: N. Exempt Permit for Pinewood PTO to conduct a raffle on May 13, 2011 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for Pinewood Parent Teacher Organization to conduct a raffle on May 13, 2011 at Pinewood Community School, 4300 Dodd Road FACTS: • The Pinewood PTO has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. • All requirements of the application have been met and staff recommends approval. ATTACHMENTS: • A copy of the proposed resolution is attached as page f� • The application is available for review in the Administration Department. Z�a RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT PINEWOOD PARENT TEACHER ORGANIZATION WHEREAS, the Pinewood Parent Teacher Organization has applied for an Exempt Permit to conduct a raffle on May 13, 2011; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exempt Permit for Pinewood Parent Teacher Organization to conduct a raffle on May 13, 2011 at 4300 Dodd Road in Eagan. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Apri15, 2011 CERTIFICATION I, Christina M. Skipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of April, 2011. City Clerk �F3 Agenda Information Memo April 5, 2011, Eagan City Council O. EXTENSION OF FINAL PLAT APPROVAL (RUTH ADDITION) ACTION TO BE CONSIDERED: To approve a six -month extension of the Final Plat consisting of one parcel upon approximately 6.7 acres located at 2101 Wuthering Heights Road, legally described as Part of Government Lots 5, 6 and 7, and Outlot 1, Silver Bell Addition. FACTS: ➢ The City Council originally approved the Final Plat on February 1, 2011. ➢ The surveyor has identified a boundary issue which has delayed recoding of the plat such that recording will not be completed within 60 days. ➢ The applicant and surveyor are working with the Dakota County Surveyor and Registrar of Titles to resolve the issue. ➢ The applicant has requested a 6 -month extension of the Final Plat approval to work through the boundary issue and complete recording of the plat. ➢ Approval of the extension would extend a new recording deadline of August 1, 2011. ATTACHMENTS (2): Location Map, page w `T4� l 1 Letter from Applicant, SB Landco LLC, page `� / D A: ---------- 2 O � , I. I I t �5- Richard Curtin From: Jeff Lindgren <jeffl @hedlundeng.com> Sent: Sunday, March 13, 201111:44 AM To: Richard Curtin Subject: RE: What do I do? Attachments: gapexhibit.pdf Dick, Here is a drawing I sent the county on March 8.1 have not heard anything yet but maybe this week I'll hear something. I would let the city know that we discovered a boundary issue while going through the county plat process and are currently working with the Dakota County Surveyor and the Registrar of Titles office to resolve the issue. it is a court process, the Proceeding Subsequent to Initial Registration, and may take awhile to finish but we are diligently working on it and ask the city's patience while we work on it. I'm sure they can understand this and will allow more time as necessary. If they like they can check with John Stake at the County Surveyor's office. You may want to forward the drawing to your title company or lawyer so they can see what is going on. Please call if anyone has any comments or questions. Thanks, Jeff Jeffrey D. Lindgren, P. L. S. Planning Engineering Surveying 2005 Pin Oak Drive Eagan, MN 55122 Office (651) 405 -6600 Fax (651) 405 -6606 Direct (651) 203 -6615 S$ LANDCO, LLC 6310 McIntyre Pointe Edina Minnesota 55439 March 15, 2011 City of Eagan Planning and Zoning 3830 Pilot Knob Road Eagan MN 55122 Re: Ruth Addition final plat This is a request to extend the time for a final plat to be recorded. Attached is: • Excerpt from City Council Minutes dated February 1, 2011 approving the rezoning of Ruth Addition • Letter from Eagan giving SB Landco until April 15 to file for an extension of date required for recording the final plat • Copy of email from surveyor Lindgren from Hedlund Surveying explaining a boundary issue was discovered when the plat was submitted • Copy of drawing prepared by surveyor Lindgren showing the boundary issue visually • Check in the amount of $75 We are waiting to hear from the Torrens Office if a proceeding subsequent will be required or if they can handle the matter administratively. My lawyer will proceed as quickly as possible once we know the path to be taken. This letter is to requests extension of the time to file the final plat. Very Truly Yours, SB Landeo, C By Mdhard . Curtin Sole Manager 4/7 Agenda Information Memo April 5, 2011 Eagan City Council Meeting P. DESIGNATE FUNFEST BANNERS AS GOVERNMENT SIGNS — CITY OF EAGAN ACTION TO BE CONSIDERED: To Designate informational City - placed Eagan Funfest banners as government signs. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The purpose of this action is to confirm City - placed event signage in public rights -of -way as governmental signage. As such, this type of signage is exempt from Sign Ordinance off - premise sign standards. ➢ Similar to Council action taken in December 2009 regarding the City's 150 anniversary banner signage, this action will allow Eagan Funfest banners to be placed on existing light standards at selected locations in the City. ➢ The intention is limit the placement of Funfest banners to city -owned light standards along Central Parkway. ATTACHMENTS (1) Map showing banner locations on page ! — 40 Agenda Information Memo Eagan City Council Meeting April 5, 2011 Q. PARTICIPATION IN TWIN CITIES REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP ACTION TO BE CONSIDERED: To approve participation in the Twin Cities Regional Economic Development Partnership and authorize a budget amendment for that purpose. FACTS: • In 2009, the Itasca Project began discussions regarding means by which to improve job growth in the Twin Cities region. Itasca is made up of CEOs from firms including General Mills, Ecolab, Wells Fargo, United Health Group, Medtronic and others. The group recognized that the region was without a unified strategy and brand they viewed as necessary to both grow current businesses and to compete to attract business and job growth from elsewhere. • As an outcome of those conclusions, the organization initiated discussions with other stakeholders including area businesses, educational institutions, counties, cities, the Minnesota Department of Employment and Economic Development and others about the potential to form a partnership, the purpose of which would to meet those needs and to serve as a point of contact for site locators or business prospects considering locating in the region. • In mid -2010, the group came together as a private - public, non - profit entity and began to approach prospective partners for funding and board participation. While the majority of the partnership funding was sought from private sector businesses, requests were also made to the state and local governments for membership contributions. • Kathy Schmidlkofer of General Mills is serving as the loaned executive to guide the initiative until the Partnership can be staffed and become functional. At the City Council workshop meeting of March 8, 2011, Ms Schmidlkofer presented information about the Partnership to the Council. • For cities of Eagan's size, the REDP is requesting membership contributions of $25,000 per year. By the time the request from the organization was received in 2010, the City of Eagan 2011 budget preparation process was well underway and no allocation had been included for a membership of this kind. The organization remains interested in the City's participation, however, and Ms. Schmidlkofer discussed the merits of participation in her presentation. • At the workshop meeting, the City Council indicated an interest in participating in the Partnership in 2011 and directed formal consideration of membership to this agenda. ATTACHMENTS: • REDP Purpose Statement on page 11 Minneapolis — Saint Paul Regional Economic Development Partnership (REDP) Purpose Statement The REDP is a Private - Public Partnership (5010), funded by business, institutions, and government, whose mission is to stimulate economic growth and prosperity, and a resultant higher quality of life for all citizens of the Minneapolis — St. Paul Metropolitan Region (MSA). Its primary role is to be a value -added resource to all economic development organizations and activities in the region. The efforts of the REDP, and the resulting investment and prosperity, will lessen the burden of government and contribute to a brighter future for all residents of the region. The overall responsibility of a successful regional economic development partnership is to better coordinate the activities of the region's economic development partners by providing vision, strategy, resources, and staff support to link state and local governments and organizations involved with job creation, marketing, recruitment and retention. There are four specific activities that the REDP will lead or partner with existing organizations in order to accomplish: Set a Strategic Vision • Create the regional strategic vision for economic development • Define the tactical economic development agenda to guide resource prioritization Brand and Market the Region • Create regional brand to reflect strategic vision • Market the region's vision and brand internally to align regional stakeholders • Market the region to external site consultants, companies, and potential clients Retain Current Businesses in the Region • Conduct local business check -ups and solve company specific problems • Connect businesses to, and raise awareness of, state and local resources Attract Businesses to, and Expand Businesses in, the Region • Serve as main contact for site consultants and relocating businesses • Provide one -stop shop for regional data, permit processes, real estate information, etc. • Serve as project manager for local expansions and new attraction efforts • Connect companies with local resources and incentive programs S' Agenda Information Memo Eagan City Council Meeting April 5, 2011 R. PARKING LOT IMPROVEMENT PLANS AT 3830 SIBLEY MEMORIAL HWY ACTION TO BE CONSIDERED: To authorize preparation of preliminary plans for parking lot improvements at 3830 Sibley Memorial Hwy in the Cedar Grove Redevelopment Area. FACTS: The former Shell Gas Station site at 3830 Sibley Memorial Hwy was purchased by the EDA in 2007 and subsequently demolished as part of the Cedar Grove Redevelopment Area. Currently, the a portion of the site is being used for overflow parking to meet high peak demand associated with neighboring Jensen's Supper Club and Cedarvale Lanes, through license agreements with those businesses. • The City of Eagan has applied for 2011 Dakota County Redevelopment Incentive Grant funds to assist with parking lot and drive aisle access improvements for the subject site that would help meet the current and future parking demand for the area. It is staff s intention to negotiate cross easements with the property owners. The CDA Board is anticipated to take action on CDA Staff recommendations in April. • The City of Eagan is currently working with the Engineering firm of Bolten and Menk on realignment design of Cedarvale /Cedar Grove Boulevard for project bidding. To increase efficiency, City Staff has arranged to use Bolten and Menk to also prepare preliminary design for the parking area so the two projects can be bid at the same time. ATTACHMENTS: • Location Map on page S 0 * City of Eagan Cedar Grove Redevelopment Area 0 325 65U Feet 3830 Sibley Memorial Hwy (former Shell Station site) G6 Agenda Information Memo April 5, 2011 Eagan City Council Meeting S. CONTRACT 11 -02, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 11 -02 (Citywide Street Improvements) and award the contract to McNamara Contracting in the base bid amount of $1,831,922.86 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The street improvements of: o Trotters Ridge/ Stafford Place (City Project 1032) o Woodland/ Sunrise Hills (Project 1037) o Engstroms Deerwood (Project 1038) o Hills of Stonebridge I" (Project 104 1) o Bridle Ridge V (Project 1042) o Blackhawk Pond (Project 1043) o Parking lot improvements of the Municipal Center's east, north, and Police Dept. lots o Schwanz Lake area rain garden curb cuts are programmed for 2011 in the City's 5 -Year Capital Improvement Program (2011- 2015). • On February 1, 2011, the City Council authorized the street improvements for Projects 1041, 1042 and 1043. • On February 15, 2011 the City Council authorized the street improvements for Projects 1032, 1037, 1038. • These projects have been combined under one contract (Citywide Street Improvements - Contract 11 -02), including repair of street sections damaged during winter water main breaks, to increase economies of scale. On March 1, 2011, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 11 -02. • On March 18, 2008, the Council approved the use of best -value solicitation of bids, as allowed by State statutes, providing for the consideration of bidders expected performance in relation to their submitted bid. At 10:30 a.m. on March 28, technical performance proposals from each bidder were received for this project. At 10:30 a.m. on March 31, formal bids from each bidder were received for this project. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from McNamara Contracting has been reviewed by the Engineering Division to provide the best value and is in order for favorable Council action. ATTACHMENTS: • Bid Summary Tabulation, page S4 BID SUMMARY CITY CONTRACT 11 -02 TROTTERS RIDGE/ STAFFORD PLACE WOODLANDS/ SUNRISE HILLS PROJECT NO. 1032 PROJECT NO 1037 Overlay Overlay ENGSTROMS DEERWOOD HILLS OF STONEBRIDGE 1ST PROJECT NO. 1038 PROJECT NO 1041 Overlay Overlay BRIDLE RIDGE BLACKHAWK PONDS PROJECT NO. 1042 PROJECT NO 1043 Overlay Reclaim/ Recycle CITY HALL SCHWANZ LAKE RAIN GARDEN PARKING LOT IMPROVEMENTS CURB CUTS Overlay Curb & Gutter Bid Date/ Time: 10:30 a.m., Thursday, March 31, 2011 Contractors Total Base Bid Technical Score Adiusted Score 1. McNamara, Inc. $ 1,831,922.86 8.99 203,773 2. Bituminous Roadways, Inc. $ 1,852,485.25 9.03 205.148 3. Northwest Asphalt $ 1,888,247.30 8.84 213,603 4. Hardrives, Inc. $ 1,991,906.17 8.66 230,012 "Best -value contracting: Adjusted Score = Total Base BidlTechnical Score *CIP budget G:CURRENT COUNCIL ITEMS /11 -02/Bid Summary Results 59 Low Adjusted Feasibility % %Over/Under Project po Over/ Engineer's Base Bid Estimate FR Estimate Estimate 1032 $ 328,932 $ 396,200 -17.0% $ 365,000 -9.9% 1037 $ 366,208 $ 429,400 -14.7% $ 399,400 -8.3% 1038 $ 136,954 $ 160,700 -14.8% $ 148,300 -7.7% 1041 $ 351,494 $ 402,400 -12.7% $ 379,600 -7.4% 1042 $ 310,387 $ 393,900 -21.2% $ 345,500 -10.2% 1043 $ 174,996 $ 187,500 -6.7% $ 196,900 -11.1% City Hall Parking Lot $ 92,712 $ 85,000* +9.1% $ 89,900 +3.1% Schwanz Lake Rain $ 12,529 NA - -- $ 9,300 +34.7% Garden Curb Cuts Misc. Watermain $ 57,711 NA - -- $ 48,200 +19.7% Breaks — Street Repairs Totals $1,831,923 $ 2,055,100 -10.9% $1,982,100 -7.6% *CIP budget G:CURRENT COUNCIL ITEMS /11 -02/Bid Summary Results 59 Agenda Information Memo April 5, 2011 Eagan City Council Meeting T. CONTRACT 09 -18, DUCKWOOD DRIVE OVERPASS BRIDGE & STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 09 -18 (Duckwood Drive Overpass — Bridge & Street Improvements) and award the contract to Lunda Construction in the base bid amount of $4,526,172.03 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 16, 2010, the City Council amended the Part III 5 -Year Capital Improvement Program (2010 -2014) to incorporate the placement of Project 971 (Duckwood Drive /Federal Drive - Bridge and Street Improvements) in 2011. The improvement includes the construction of the Duckwood Drive Overpass and associated street improvements. • Contract 09 -18 (Project 971) provides for the extension of Duckwood Drive, connecting Federal Drive with Pilot Knob Road, over 1 -35E as a new grade separated crossing. Contract 09 -18 also includes reconfiguration of the existing intersection of Pilot Knob Road and Duckwood Drive, including the traffic signal, modification to the right -turn lane for the northbound I -35E ramp east of Pilot Knob Road, and bituminous trails on both sides of Duckwood Drive. • On March 1, 2011, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 09 -18. • On March 18, 2008, the Council approved the use of best -value solicitation of bids, as allowed by State statutes, providing for the consideration of bidders expected performance in relation to their submitted bid. At 10:00 a.m. on March 29, technical performance proposals from each bidder were received for this project. At 10:00 a.m. on March 31, formal bids from each bidder were received for this project. • All easements needed for the construction of the improvements have been acquired through negotiation or the Eminent Domain process and the City has access rights to the affected properties. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid and past performance of Lunda Construction have been reviewed by the Engineering Division to provide the best value, and the base bid from Lunda Construction is in order for favorable Council action. ATTACHMENTS: • Bid Summary, page. sto 161 E N c. I ERS P F A N N F R S D E S G N E R S Consulting Group, Inc. March 31, 2011 Mr. Russ Matthys, PE City F..ngineer C II Y o5. EAGAN 3830 Pilot Knob Road Eagan, MN 55122 SRF No. 0097015 0120 SUBJECT: DUCKWOOD Dmvt: OVERPASS CITY PROflec r No. 09 -18 S.A.P. 195-114-08; S.A.P. 019 -631 -035; AND S.A.P. 195- 020 -014 Dear Mr. Matthys: Scaled bids were received for the referenced project on Thursday, March 31, 2011, at the Eagan City hall. A total of three (3) bids were received. All bids have been reviewed, checked and are tabulated in the enclosed bid abstract. One error was identified, but did not affect the outcome of the best value scoring. The selected bidder is based on the Best Value Method, where the Bidder's Base Bid was divided by the Technical Proposal Score. The bidder with the lowest Best Value Score will be selected for the award. The following is a summary of the bids submitted with their Technical Proposal Score, and the Best Value Score. The Engineers Estimate is also provided. Bidder Total Bid Value Technical Proposal Best Value Score Score Lunda Constructimi $4,526,172.03 8.92 507,418389 Robert R. Schroeder $4,415,853.84 8.43 523,826.078 C.S. McCrossan $4,886,418.05 9.18 532,289.578 Engineer's Estimate $4,352,945.74 — — The bid value of the Lunda Construction is approximately 4.0% higher than the Engineer's Estimate. The remaining bids were between 1.5% and 12.3% higher than the Engineer's Estimate. We recommend award to Lunda Construction Company for the amount of $4,526,172.03. Sincerely, SRF CONSULTING GROUP, INC. Christopher M. Trboyevich, PE (MN WI) Senior Associate Enclosure 11: IProjects170151111- ,tIIPDOC 4u 0tygjragan- 2011- 3- 31.docr www.srfconsuIting.com One Carlson Parkwav North, Suite 1 5.0 I Minneapolis, MN 5544,' -4441 1 761.475.0010 fax 7()3.47.5.2429 An Equal Opportunity Employer W Agenda Information Memo April 5, 2011 Eagan City Council Meeting U. Dakota County Joint Powers Agreement - Digital Elevation Data Acquisition ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement with Dakota County for Digital Elevation Data and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Minnesota Department of Natural Resources (DNR) is managing a multi -year project to acquire statewide digital elevation data, funded by the Clean Water Land and Legacy Amendment. This project is being completed incrementally, in partnership with counties. Dakota County is scheduled for completion this year. • This project includes an option for counties to pay for additional improvements to the elevation data, over and above the standard data. The improvements will be realized in the form of higher accuracy and higher resolution elevation data (contours). The improved data will provide value for several years and will make analysis such as water run -off and slope calculations more accurate for water quality improvements. It will also improve preliminary engineering designs, flood mitigation planning and reduce the need for field elevation surveys. • The total cost for this project is $50,000. Dakota County will fund $28,500 with the remaining $21,500 to be shared by the 11 major communities in the county through a Joint Powers Agreement. Each city's respective obligation is based equally on their proportionate surface area size and number of platted parcels. Based on this formula, Eagan's responsibility is estimated at $3,404 and will be funded by the Utility Enterprise Budget for GIS services. • The Dakota County Board approved both the project and Joint Powers Agreement at their March 22, 2011 meeting. ATTACHMENTS: r-(j • Joint Powers Agreement, pages n I through 58 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF EAGAN MINNESOTA FOR COST SHARE RELATED TO THE IMPROVEMENTS TO DIGITAL ELEVATION DATA Dakota County Contract # WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Dakota County (County) is a political subdivisions of the State of Minnesota; and WHEREAS, the City of Eagan (City) is a Minnesota municipal corporation; and WHEREAS, the Minnesota Department of Natural Resources (DNR) is managing a multi -year project to acquire statewide digital elevation data (DNR Project); and WHEREAS, the DNR Project is being completed incrementally in partnership with counties and Dakota County is scheduled for completion in 2011; and WHEREAS, the DNR Project includes an option for counties to purchase additional improvements to the digital elevation data, which said improvements will be realized in the form of higher accuracy and higher resolution elevation data; and WHEREAS, the County has agreed to purchase additional improvements to the digital elevation data at an estimated cost of $50,000.00; and WHEREAS, the City desires to utilize the enhanced digital elevation data and is willing to cost share in the amount of $3,404.00 towards the County's purchase of the additional improvements. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE The purpose of this Agreement is to define the responsibilities and cost sharing obligations of the County and the City for the County's purchase of additional improvements to digital elevation data as part of the DNR Project and the use of said data by the City. ARTICLE 2 PARTIES The parties to this Agreement are Dakota County, Minnesota (County) and the City of Eagan, Minnesota (City). ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until December 31, 2011, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The County and the City agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. G71? ARTICLE 5 OBLIGATIONS OF PARTIES 5.1 The County will purchase additional improvements to the digital elevation data from the DNR as part of the DNR Project being conducted in Dakota County at an estimated cost of $50,000.00 5.2 The City will pay to the County the sum of $3,404.00 which shall be applied towards the purchase price of the additional improvements to the digital elevation data as set forth in Section 5.1 above. The City shall make payment to the County within 45 days of receiving an invoice from the County. 5.3 In exchange for its cost share contribution, the City will be allowed to obtain said enhanced digital elevation data from the County and use it at no additional cost to the City. This section shall survive the expiration of this Agreement. ARTICLE 6 INDEMNIFICATION Except as provided below, each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. To the fullest extent permitted by law, the City shall defend, indemnify and hold harmless the County, its officers, employees or agents from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the City's use of any of the digital elevation data purchased by the County from the DNR, which is the subject of this Agreement. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the City. The provisions of this section shall survive the expiration or termination of this Agreement. ARTICLE 7 TERMINATION Either party may terminate this Agreement upon 30 days written notice to the other party, with or without cause. Notice of termination shall be made by certified mail or personal delivery to the person signing this Agreement on behalf of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of the Agreement prior to the effective date of termination. ARTICLE 8 GENERAL PROVISIONS 8.1 ACCOUNTING AND RECORDS. The parties agree to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the cost share funds. Such accounts and records shall be kept and maintained by the parties for a minimum period of six years following the expiration of this Agreement. 8.2 AUDITING. The books, records, documents and accounting procedures and practices of the parties that are relevant to this Agreement are subject to examination by the other party and the State Auditor for a minimum of six years following the expiration of this Agreement. 8.3 NOTICE. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Lynn Thompson or successor, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 UC5 TO THE CITY: In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 8.4 LIAISONS. To assist the parties in the day -to -day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison: Randy Knippel Telephone: (952) 891 -7080 randy.knippel@co.dakota.mn.us City Liaison: 8.5 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Boards, and signed by the authorized representatives of the County and the City. 8.6 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. 8.7 MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. 8.8 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. CITY OF Eagan, Minnesota By APPROVED AS TO FORM: Assistant Dakota County Attorney Date K -11- County Board Res. No. 11 - By Mike Maguire, Mayor Date of Signature: _ Christina Scipioni, City Clerk Date of Signature: COUNTY OF DAKOTA By 3J I Lynn Thompson, Director Physical Development Division Date of Signature: Agenda Information Memo April 5, 2011 Eagan City Council Meeting V. PROJECT 1035, DENMARK AVENUE & PROMENADE PLACE TRAFFIC SIGNAL & STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1035, (Denmark Avenue and Promenade Place — Traffic Signal and Street Improvements) and schedule a public hearing to be held on May 3, 2011. FACTS: • On June 1, 2010 the City Council directed staff to prepare a feasibility report considering traffic control improvements at the intersection of Denmark Avenue and Promenade Place, just north of Yankee Doodle Road (County Road 28), in north central Eagan. • The installation of a new traffic signal at this intersection is programmed for 2011 in the City of Eagan's 5 -Year CIP (2011- 2015). A structural mill and overlay of this segment of Denmark Avenue is included as an assessable benefit as part of the proposed improvements. • An informational neighborhood meeting will be held with the adjacent commercial/ industrial property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, May 3, 2011. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo April 5, 2011, Eagan City Council Meeting X. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE THE LICENSE FEE FOR THE TRINITY SCHOOL AT RIVER RIDGE FOR A SPRING BENEFIT DINNER ON MAY 13, 2011 ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for the Trinity School at River Ridge for a Spring Benefit Dinner on May 13, 2011. FACTS: ➢ The Trinity School at River Ridge has requested a temporary on -sale liquor license be issued to them for a Spring Benefit Dinner event planned for May 13, 2011. The event will be held inside the school located at 601 River Ridge Parkway. The event is a fundraiser for the non - profit school. ➢ The Trinity School at River Ridge has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for final approval. ATTACHMENTS (1): ➢ Letter enclosed on pages through lDJ� �3 Thursday, March 23, 2011 Ms. Maria Peterson City Clerk, City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Ms. Peterson: Trinity School at River Ridge is applying for a Temporary On -Sale Liquor License for our Spring Benefit Dinner on May 13'', 2011. This document serves to provide the City of Eagan the necessary information about our event so that the City Council will approve our license at the next City Council Meeting. Thank you for working with us to help us secure the license. 1. The Minnesota Department of Public Safety Application and Permit for Temporary On -sale Liquor License was completed and is included with this letter. An additional copy can be provided. 2. I will be faxing The Certificate of Liability Insurance from the Gibson Insurance Company. Our insurance meets or exceeds your requirements. An additional copy can be sent if needed. 3. The Spring Benefit Dinner will be held at Trinity School at River Ridge, 601 River Ridge Parkway, Eagan, Minnesota, 55121. The event will be held indoors within the school premises, and entrance into the Spring Benefit Dinner will be through our east door, the "Event Entrance." 4. a. We have hired two security personnel for the event who will enforce alcohol beverage sale and consumption laws, crowd control and public safety. b. The beverage servers will require that any person desiring to purchase or be served liquor must show a valid photograph identification which will be checked to insure the person is 21 or older. Then the age of the person is verified, he /she will be issued a wristband which he /she will wear throughout the Spring Benefit Dinner. No alcohol will be served to a guest who does not have a wristband. 5. No one selling alcohol shall be intoxicated or consume alcoholic beverages during their work shift. 6. Trinity school will post signs at the entrance notifying the public that sales to and consumption to alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. 0 7. The alcoholic beverages will be available for sale or consumption from 5 -11 p.m. on Friday, May 13'', 2011. 8. Trinity School will designate an on -site manager in compliance with the City of Eagan's requirement. Trinity School at River Ridge requests that the City Council of Eagan wave the $150 fee since, as a non - profit school organization. This is a fundraising event. If you have any additional questions, please contact me at the phone number below. Other Trinity School employees involved in the planning of the Spring Benefit Dinner include Peg Louiselle and Steve Hendrickson. Sincerely, Jennifer Theis Administrative Assistant Trinity School River Ridge Parkway Eagan, MN 55121 j thei s@trinityschools. org www.tsrr.ora 651- 789 -2890, ext. 222 Fax: 651- 789 -2891 Cell: 651- 329 -3866 &9 Agenda Information Memo April 5, 2011, Eagan City Council Meeting Y. SCHEDULE PUBLIC HEARING DATE FOR MAY 3, 2011 TO CERTIFY DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 3, 2011 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi -annual basis, the City reviews and considers delinquent weed cutting balances for certification to property tax statements for collection. ➢ The City currently has 11 delinquent accounts in the amount of $3,019.09. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): Is Agenda Information Memo April 5, 2011, Eagan City Council Meeting Z. SCHEDULE PUBLIC HEARING DATE FOR MAY 3, 2011 TO CERTIFY DELINQUENT REFUSE REMOVAL BILL ACTION TO BE CONSIDERED: To set a public hearing for May 3, 2011 to consider the final assessment of a delinquent refuse removal bill and certify it to Dakota County for collection with property taxes. FACTS: ➢ On a semi -annual basis, the City reviews and considers delinquent refuse removal balances for certification to property tax statements for collection. ➢ The City currently has one delinquent account in the amount of $491.10. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): (7 Agenda Information Memo April 5, 2011, Eagan City Council Meeting AA. APPROVE OFF -SALE LIQUOR LICENSE FOR RCJC ENTERPRISES, LLC, DBA MGM WINE & SPIRITS LOCATED AT 4182 PILOT KNOB ROAD ACTION TO BE CONSIDERED: To approve the off -sale liquor license for RCJC Enterprises, LLC, dba MGM Wine & Spirits, located at 4182 Pilot Knob Road. FACTS: ➢ An off -sale liquor license has been applied for by Robert & Julie Chapman who are the partners of the Limited Liability Company. ➢ The Chapmans are purchasing the existing off -sale liquor store known as MGM Wine and Spirits. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): am Agenda Information Memo April 5, 2011, Eagan City Council Meeting BB. Resolution allowing the police chief to approve amendments to an existing Joint Powers Agreement ACTION TO BE CONSIDERED: Approving the resolution authorizes the Chief of Police to approve future amendments /agreements to an existing Joint Powers Agreement (JPA) between the City of Eagan and the State of Minnesota for criminal justice data sharing. FACTS: • The City and the State of Minnesota are parties to a Joint Powers agreement authorizing Eagan Police Personnel to access criminal justice data through the Minnesota Bureau of Criminal Apprehension. • Anticipating future changes to the existing agreement, the State has asked the City to authorize a resolution allowing the Chief of Police to ratify any future amendments /agreements to the JPA. • The Joint Powers Agreement is outlined in item "J" on today's consent agenda. Attachments: A copy of the agreement is attached as pages '70 t h�ti: gl ail RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF EAGAN ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Eagan on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Eagan on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Chief of Police, James McDonald, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Lynn Vasquez, Office Manager, is appointed as the Authorized Representative's designee. 3. That the Chief of Police, James McDonald, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Lynn Vasquez, Office Manager, is appointed as the Authorized Representative's designee. 4. That Michael Maguire, the Mayor for the City of Eagan, and Christina Scipioni , the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 5th day of April, 2011. CITY OF EAGAN By: Michael Maguire Its Mayor ATTEST: By: Christina Scipioni Its City Clerk 7D Agenda Memo City Council Meeting April 5, 2005 CONSENT AGENDA: CC. Tobacco Licenses for RCJC Enterprises, LLC, dba MGM Wine & Spirits ACTION TO BE CONSIDERED: APPROVE Tobacco Licenses for RCJC Enterprises, LLC, dba MGM Wine & Spirits, 4182 Pilot Knob Road FACTS: • Robert Chapman, RCJC Enterprises, LLC, recently purchased the MGM Wine and Spirits store located at 4182 Pilot Knob Road and has applied for a license to sell tobacco products. • The Police Department conducted a background investigation as part of the application process for the store's liquor license and found no reason to deny the applications. • All requirements of the application have been met. ATTACHMENTS: None. The applications are available for review in the Administration Department. Agenda Information Memo April 5, 2011, Eagan City Council Meeting A. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: Approve Ordinance Amendment to City Code Chapters 6, 7, 9 and 10 clarifying permit requirements and permissible activities for transient merchants. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ This combination of amendments are "house- keeping" in nature and do not represent a change in policy or application. ➢ The City Council directed staff to prepare the ordinance amendment at the January 4, 2011, City Council meeting. ➢ Since then, City staff with representatives from Parks, Community Development, Police and Administration, have held two meetings with the City Attorney to discuss the issues and refine the proposed amendment language. ➢ The resulting draft ordinances are attached with the staff report summarizing the current and proposed regulations. ➢ These amendments are intended to create consistency within the City Code as it pertains to activities and permitting for transient merchants as well as clarify permissible and prohibited activities regarding public rights -of -way and city -owned property. ➢ Similar activities by vendors on private property will continue to be subject to applicable zoning standards for temporary outdoor events or seasonal outdoor sales. ➢ A public hearing before the Advisory Planning Commission is not necessary. The City Council holds a public hearing on ordinance amendments that do not involve Chapters 11 (Zoning) and 13 (Subdivision). The proposed amendments affect City Code Chapters 6, 7, 9 and 10. ATTACHMENTS (1): Staff Report and draft Ordinance Amendments, pages 3 through � a PLANNING REPORT CITY OF EAGAN REPORT DATE: March 31, 2011 APPLICANT: City of Eagan PROPERTY OWNER: N/A CASE: 01- OR- 03 -01 -11 HEARING DATE: April 5, 2011 PREPARED BY: Pamela Dudziak REQUEST: Ordinance Amendment LOCATION: City -wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REOUEST The City of Eagan is requesting approval of an Ordinance Amendment to City Code Chapters 6, 7, 9 and 10 clarifying permit requirements and permissible activities for transient merchants. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. BACKGROUNDIHISTORY Over the past year, the City received a couple of inquiries by individuals wishing to set up food vending carts within City Parks. In researching such requests, staff and the City Attorney identified inconsistencies or contradictions in the City Code regarding transient merchant regulations and general regulations regarding public rights -of -way or properties. This was brought to the City Council's attention in January and the Council authorized preparation of the ordinance amendment on January 4, 2011. The proposed amendment was not presented to the Advisory Planning Commission, as it does not involve Chapter 11 (Land Use Regulations) or Chapter 13 (Subdivision and Platting Regulations). The City Council holds the public hearing for amendments to other chapters of the City Code. �3 Planning Report — Transient Merchants Ordinance Amendment April 5, 2011 City Council Meeting Page 2 EXISTING CONDITIONS Section 6.36 governs licensing of solicitors, peddlers, and transient merchants, all of which are required to obtain a license from the City. Existing code provisions permit transient merchants to sell goods "on or within any public right —of -way, public park, or other public property" for less than 6 months per calendar year. Transient merchants are distinguished from solicitors and peddlers by definition in that transient merchants sell goods on the street, not by going door -to- door. In contradiction to the provisions of Section 6.36, Section 9.15 currently prohibits parking of any vehicle, which would include a vending trailer, on any city street or public property to sell goods or merchandise. In addition, Section 10.32 prohibits obstructions within the public rights -of- way, thus, parking a vending cart on a public sidewalk or trail is an obstruction and is therefore prohibited. Also, Section 10.23 currently allows a person to "conduct a commercial enterprise" within a park with a permit from the park director. Such a vendor would also be considered a transient merchant under the definition in Section 6.36, and thus, would also need a transient merchant license, however, the City has not issued transient merchant licenses for such vendors in the past. Section 7.05 pertains to obstructions in streets, which encompasses only a portion of the public right -of -way, and does not currently reference prohibitions on sales within the street or from motor vehicles parked on the street. Outdoor sales upon private property are addressed by the City's zoning regulations pertaining to temporary outdoor events or seasonal outdoor sales (Sec. 11.70, Subd. 22). Such vendors on private property are subject to certain performance standards, but are not required to obtain a transient merchants license. EVALUATION OF REQUEST Proposal - This proposed amendment affects four chapters of the City Code. Chapter 6 establishes licensing requirements; Chapter 9 regulates parking and public rights -of -way; Chapter 10 regulates parks and other public property; Chapter 7 addresses obstructions to streets and public sidewalks. The intent of the proposed amendment is to clarify permitting requirements pertaining to transient merchants and eliminate contradictions and conflicts within the Code relative to transient merchants. The focus of the proposed amendment is on regulations pertaining to City property and public rights -of -way. Zoning requirements in Chapter 11 pertaining to temporary outdoor events and seasonal outdoor sales for such activity on private property remain and will continue to apply. Analysis - The proposed amendments to Section 6.36 change the "license" to "permit," and redefine a transient merchant as one "who sells or attempts to sell goods for immediate delivery the method of which may be from a vehicle or other mobile conveyance or device or a temporary stand and not by means of door to door, from a temporary location." The proposed language also clarifies who is required to obtain the transient merchant's permit. Specifically, for an organized event with multiple merchants or vendors, the entity hosting the event may obtain one "14- Planning Report — Transient Merchants Ordinance Amendment April 5, 2011 City Council Meeting Paee 3 permit for all vendors at the event, rather than each merchant or vendor obtaining a separate permit. Provisions under Subd. 5G, Permit Ineligibility, would allow permits to be issued only in conjunction with an authorized event on city -owned or other public property, prevent conflict with the City's concessions operations at facilities such as the Community Center and Cascade Bay, and prohibit transient merchant sales within the public right -of -way. The proposed amendment to Section 7.05, would prohibit the sale of goods and merchandise by any person within any public right -of -way. The proposed language excludes temporary stops for an immediate sale from a motor vehicle, but prohibits parking for long periods of time to await customers or sales. The proposed language in Chapter 9 is to more clearly identify permissible and prohibited activities on streets and city -owned property which will include city parks, community center, civic arena, Cascade Bay, well or water tower properties, etc. To be consistent with the provisions in Section 7.05, Section 9.15 also will permit vehicles to make temporary stops for immediate sales upon public rights -of -way. Though not directly related to transient merchants, the proposed amendment also prohibits parking of motor vehicles upon private property for the purpose of advertising the vehicle for sale, except for within a private driveway upon residential property. Currently under Section 10.23, the Parks Dept. issues permits for vendors that operate on City park property, but in the past those vendors have not been required to obtain a transient merchant's license from the City. The proposed amendment would now require both a permit from the Parks Department and a transient merchant permit, but would allow multiple vendors to operate under one transient merchant permit where the host of an organized event has obtained a Transient Merchants permit for all vendors operating at the event. SUMMARY /CONCLUSION The City Attorney has worked with staff on the amendment language and the draft ordinances are attached. Two meetings of City staff and the City Attorney were held to discuss the issues and refine the proposed amendment language. Development of the proposed amendment involved staff members representing Parks, Community Development, Police and Administration. These amendments create consistency within the City Code as it pertains to activities and permitting for transient merchants and clarify permissible and prohibited activities regarding public rights -of -way and city -owned property. ACTION TO BE CONSIDERED To approve an Ordinance Amendment to City Code Chapters 6, 7, 9 and 10 clarifying permit requirements and permissible activities for transient merchants. 75- ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED "STREETS AND SIDEWALKS GENERALLY" BY AMENDING SECTION 7.05 REGARDING OBSTRUCTIONS IN PUBLIC RIGHTS -OF -WAY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 7.99. The City Council of the City of Eagan does ordain: Section 1 . Eagan City Code Chapter Seven is hereby amended by changing Section 7.05, Subd. 3, to read as follows: Subd. 3. Obstructions & excavations. No person shall excavate, obstruct, or place, deposit, display, install, or maintain any obstruction, including but riot limited to: a fence, goods, building or landscaping materials, any structure; ;landscaping, electrical. cords or devises of any kind, or other objects, or sell or offer for sale any goods or merchandise within any public right - of -way. This paragraph shall not apply to operable and >regist' motor vehicles lawfully parked within the street or upon a portion of a. driveway within the` public right -of -way, provided the motor vehicle is not blocking any portion of a sidewalk or trail and is not used in connection with the sale of any goods No violation shall occur if the person obtains a written permit from the council for the excavation or obstruction, provided a: permit will -be issued only for mailboxes, irrigation systems and landscaping that do not create A public safety ,concern and are placed and maintained in compliance in all respects with the terms and conditions of such permit and the regulations of this Code, This subdivision shall not apply to anyperson who is selling merchandise from a motor vehicle that travels through the streets and stops only to make an immediate sale and Section 2 . Eagan City 'Code Chapter l ;entitled "General Provisions and Definitions Applicabie``to the Entire City. Code Including 'Penalty for Violation "' and Section 7.99, 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. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: -7t9 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTIONS 10.23 AND 10.32 REGARDING SALE OF GOODS IN PARKS AND OTHER PUBLIC PROPERTY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1 . Eagan City Code Chapter Ten is hereby amended by changing Section 10.23, Subd. 1(E) to read as follows: Sec. 10.23. Rules and regulations governing public parks and recreation areas. E. Solicit or conduct any commercial enterprise or sell or attempt to sell any goods or merchandise, unless authefized by nei or ---I- F== dir-eeter- the person (1 ) is a registered vendor with an organization or entity that was wanted a transient merchant (vendor) permit from the City for sales occurring on property as regulated elsewhere in this Code and (2 ) is granted a permit from the city's park director Section 2 . Eagan City Code Chapter Ten is hereby amended by changing Section 10.32, Subd. 1, to read as follows: Sec. 10.32 Obstructions and Dumping on Public Property. Subd. 1. Obstructions. It is unlawful for any person to excavate, obstruct, or place, deposit, display, install, or maintain, or offer for sale any object or materials, including but not limited to: any fence, goods, building or landscaping materials, any structure, any landscaping, any garbage or refuse of any kind, or other objects, on or within any public property, unless granted written permission from the City. This paragraph shall not apply to operable and registered motor vehicles lawfully parked within any designated public parking area, provided the motor vehicle is not blocking any portion of a sidewalk or trail and is not used in connection with the sale of any goods unless a permit therefor has been issued by the City Section 3 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 10.99, entitled 1 '77 "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: V ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.36 REGARDING TRANSIENT MERCHANTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1 . Eagan City Code Chapter Six is hereby amended by changing Section 6.36, Subd. 2, to read as follows: Subd. 2. Scope of application. This section shall apply to solicitors, peddlers and transient merchants. This section shall not apply to the' following: A. Newspaper /magazine carriers; B. Merchants delivering goods in the regular, course_, of business whefi delivery occurs at the customer's home or place of business C. Persons who sell products of the farm or garden occupied, grown or cultivated by such person; and D. Outdoor, sales on private property in connection with outdoor seasonal sales or temporary outdoor events if conducted by or with the consent of the owner or occupant of the property on which the sales occur and is permitted under the zoning regulations set forth 4ieh afe- geveMed elsewhere in the City Code. E. Persons who conduct garage sales, rummage sales, estate sales, multipurpose bazaar or flea markets. F. Auctions conducted by licensed auctioneer or by an officer of the court conducting a court- ordered sale. Section 2 . Eagan City Code Chapter Six is hereby amended by changing Section 6.36, Subd. 3, to read as follows: Subd. 3. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Solicitor means any person who procures or attempts to procure orders for the sale of goods, merchandise, subscriptions or services for future delivery or seeks donations for any organization by the means of going door to door. 1 __7q B. Peddler means any person who sells, distributes or attempts to sell or distribute for a consideration any goods for immediate delivery by the means of going door to door. C. Transient merchant means any person who sells or attempts to sell goods for immediate delivery, the method of which may be from a vehicle or other mobile conveyance or device or a temporary stand and not by means of door -to -door, from a temporary location. If an organization or entity organizes and operates an event, at which there will be the sale of goods to the public or to the attendees of the event by vendors who must register or enroll with the organization or entity in order to sell goods at the event, then the organization or entity shall be deemed as the transient merchant for purposes of the permit required hereunder, on or any publie right of way, publie. park or other publie pr fer less than six eenseeUtive moths within a eaiendar- yyeanTransient merchant shall not mean any person who sells or attempts to sell goods on property which the person owns or legally occupies a building or portion thereof on the property. D. Goods means any tangible thing of value, but not including money, things in action or intangible personal property other than merchandise certificates or. coupons as herein described. The term includes such chattels as are furnished or used at the time of sale or subsequently in the modernization, rehabilitation, repair, alteration, improvement or construction of real property so as to become a part thereof whether or not severable therefrom. The term also includes retail seller- issued merchandise, certificates, or coupons which are not redeemable for. cash but to be used in lieu of cash, equal ; to'>its face value, in exchange for goods or services sold by such seller. Section 3 . Eagan City Code Chapter Sixes hereby amended by changing Section 6.36, Subd. 4, to read as follows: Subd. 4. Prohibited �ekeitafien practices.` A. It is unlawful for any person to engage in solicitation, peddling or transient merchandising for any unlawful business or organizational purpose or unlawful activity. B. It is unlawful for any solicitor, peddler or transient merchant to commit any conduct constituting harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of his the sales activity. C. It is unlawful for any solicitor, peddler, or transient merchant to enter or attempt to gain entrance to any residential or business premises displaying at such entrance a sign prohibiting any solicitation. D. It is unlawful for any solicitor, peddler or transient merchant to refuse to leave any premises when requested by the owner, lessee, or person in charge thereof. It is 2 [•� unlawful for any transient merchant to sell or attempt to sell on private property without the written consent of owner of record of the property. E. It is unlawful for any person to engage in any activity constituting that of a solicitor, peddler or transient merchant without first obtaining a permit or being registered with the city as herein provided. F. It is unlawful for any solicitor, peddler or transient merchant to not carry the permit or certificate of registration when engaging in sales activity. G. It is unlawful for any solicitor, peddler or transient merchant to transfer the permit or registration identification. H. It is unlawful to obstruct the free flow cif either vehicle or pedestrian traffic on any street, alley, sidewalk, or other public I. It is unlawful for any solicitor, peddler or transient merchant to conduct any sales activity between 8:00 p.m. and 8:00 a.m. xcept a transient merchant may sell after 8:00 p.m. if specifically permitted under the permit. J. It is unlawful for any solicitor, peddler or transient merchant to use unreasonably loud noises or amplifying devices while engaged in sales activities. K. It is unlawful to make any false or misleading statements about the product or service being sold including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the city based on the city having issued a permit or certificate of registration to that person. L. It is unlawful to sell`or attempt to sell or solicit a sale within anv public right- of -way. who is selling merchandise from a sell or solicit a sale upon any city owned community event or other special activity that is organized by the city or an non- profit organization and is permitted under this Section and other regulations of this Code. Section 4 . Eagan City Code Chapter Six is hereby amended by changing Section 6.36, Subd. 5, to read as follows: Subd. 5. Lieeg fermit; exemptions. 3 A. Lk+_�Permit required. Except as otherwise provided in this section, no per-so shall it is unlawful to conduct business as either a peddler, a solicitor, or transient merchant without first having obtained a lieensepermit from the city. The lieensepermit shall be carried by the person soliciting or peddling or selling the goods and shall be shown to any resident or police officer upon demand. B. DeensePermit application. Application for a city lieense to conduct business as a peddler, transient merchant, or solicitor shall be made before the applieant person conducts business. Application for a lieensepermit shall be made on a form available from the office of the city clerk. The application shall lie signed by the applicant. All applications shall include the following information: 1. Applicant's full legal name; 2. All other names under which the applicant conducts business or to which applicant officially answers; 3. A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks and features, and the like); 4. Full address of applicant's permanent residence; 5. Telephone number of applicant's permanent residence; 6. Full legal name of any and all business operations owned, managed or operated by applicant or foz .which the applicant is An employee or agent for which the lieense is applied- 7. Full address of applicant's regular place of business (if any); 8. Any and.all business- related telephone of the applicant; 9. The type of business for which.the applicant is applying for a license- permit 10. The dates during which the applicant intends to conduct business, and if the applicant is applying for a temporary lieense- permit the number of days he or she will be conducting business in thecity(maximum 14 consecutive days); 11. Any and all addresses and'telephone numbers where the applicant can be reached while conducting business within the city; 12. A statement as to whether the applicant has been arrested or convicted within the last five years for any violation of any state or federal statute or any local ordinance, other than traffic offenses, providing for each violation the offense, the date of the offense, the disposition of the offense, the date of the disposition of the offense, and the city, county and state in which the offense occurred; 13. A statement as to whether the applicant is the subject of any complaint filed with any municipality, Better Business Bureau, attorney general office or other agency, providing the date and location of the complaint and the agency within which the complaint was filed; 14. A statement whether the applicant had a license for solicitation peddling, or transient merchant from any other municipality and/or county which was revoked within the past five years; 15. A list of the three most recent locations (city, town, county and state) where the applicant has conducted business as a peddler; 16. A general description of the items to be sold or services to be provided; 4 MO i 17. All additional information deemed necessary by the city council; 18. The applicant's driver's license number or other acceptable form of photo identification; and 19. The license plate number, registration information and vehicle identification number for any vehicle to be used in conjunction with the licensed business and a description of the vehicle. 20. If the application is for a transient merchant permit and the applicant is an organization or entity operating an event including the sale of oo�ds by vendors, C. Fee. All applications for a lieeasepermit under this section shall be accompanied by the fees established in the city's fee schedule as adopted from time to time by resolution of the city council. D. Procedure. Upon receipt of the completed application and payment of the required fees, the city clerk shall forward the application to the chief of police or designee. An application shall be determined to be complete only if it is signed and all required information is provided. If the city clerk determines that the application is incomplete, the city clerk shall inform the applicant of the required necessary information which is missing. The chief of polio or designee shall review the application and conduct an investigation, including background checks, necessary to verify the information provided with the application=. No background investigation shall be required for an applicant that is a non- profit organization or group based or located in the City of Eagan. I . The lieeasepermit may be issued by the city clerk when the police department's investigation is completed or withinseven business days of application, whichever is earlier. 2. The lieexsepermit shall be denied if the application is not complete or the applicant is ineligible for a license pursuant to the provisions herein. E. Duration. A lieensepgrmit granted under this section shall be valid for a period of 364 days ffom the date on which the license permit was issued or a shorter time if F. Lies sePermit exemptions. 1. No lieensepermit shall be required for any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm. 2. No lieensepermit shall be required of any person going from house -to- house, door -to -door, business -to- business, street -to- street, or other type of place -to -place when the activity is for the purpose of exercising that person's state or federal Constitutional rights, such as the freedom of speech, press, religion and the like. However, the person will not be exempt from licensing if the person sells or 5 183 attempts to sell any goods or services in connection with the door -to -door canvassing. 3. Professional fundraisers working on behalf of an otherwise exempt person or group shall not be exempt from the licensing requirements of this section. 4. No lisensepermit shall be required for any canvassing, soliciting, or fund raising for the purpose of charitable organizations if such organization is registered with the attorney general pursuant to the provisions of Minn. Stat. § 309.52 as a charitable organization or exempted pursuant to the provisions of Minn. Stat. § 309.515; however, the organization shall register with the city as required herein. 65 vendor is required to obtain a permit from the park's director if the vendor's sales are occurring in a city park or recreational facilityl. G. LkensePermit ineligibility. An application for a liEensepermit under this section shall be denied if any of the following exists: 1. The appl cant,provides any false, misleading, ovmisrepresenting information requested by the city as a part of the application, or the failure to sign the application, or the failure to paythe required fee at the time of application. 2. The arrest or conviction of the applicant within the past five years from the date of application for any violation of any federal or state statute or regulation or of any local ordinance, which adversely reflects on the person's ability to conduct the business for which the license is being sought in an honest and legal manner. Violations shall include but not be limited to: burglary, theft or theft - related offenses, larceny, swindling, fraud, unlawful business practices, any form of actual or threatened physical harm against another person; and any offense or violation committed in the course of solicitation or peddling activity. 3. The revoc'ation.within the past five years from the date of the application of any license issued the applicant for the purpose of conducting business as a peddler, solicitor or "transient merchant. 4. The applicant is found to have a bad business reputation. Evidence of a bad business reputation shall include, but not be limited to, the existence of more than three complaints against the applicant filed with any municipality, the Better Business Bureau, the attorney general's office, or other similar business or consumer rights office or agency within the preceding five years of the date of application. N 0 Peddling, selling, of seheiting as a registed N= Vendor at a civic or community festival or event or other special activity such as farmer's market, art fair or holiday festival or organized fundraisers or tournaments, provided the vendor is a 5. For transient merchants, the outdoor sales as proposed by the applicant is not permitted on the proposed property or in the proposed location upon the property under any other regulation of this Code. 6. The applicant is proposing to o sell og ods upon or within public right -of -way_ 7. The applicant is proposing to sell og ods upon or within city owned or other public property and the sale is not in connection with and under the operation of a civic or community event or a non - profit organization's activity permitted to occur on the public property or the applicant is not a registered or enrolled vendor for the event or activity otherwise permitted. 8. The applicant is proposing to be a vendor of food or, beverages to users of a city park or facility when food or beverage is made.available to the users by the City. Section 5 . Eagan City Code Chapter Six is hereby amended by changing Section 6.36, Subdivisions 6, 7 and 8, to read as follows: Subd. 6 Deens-ePermit suspension and revocation. A. Generally. Any lieeasepermit issued under this section maybe suspended or revoked at the discretion of the chief of police or designee for violation of any of the following: 1. Fraud, misrepresentation or incorrect statements on the application form; 2. Fraud, misrepresentation or false'statements made during the course of the lieeasecl activity; 3. Arrest or conviction of any violation for which granting of a lieexse ep rmit could have been denied under this section; 4. Violation of any provision of this;Code; or 5. Upon being arrestedp or charged for act as described in Subd. 5G.2. herein. B. Notice. After revoking or, suspending any fieensepermit issued under this section, the city shall provide the heense permit holder'`with written notice of the alleged violation(s) and inform the lieensee holder of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by U.S. mail to the permanent residential address listed on the lieensep application, or if no residential address is listed, to the business address provided on the lieensepermit application. C. Public hearing. Upon receiving the notice provided in clause B. of this subdivision, the lieenseepermit holder shall have the right to request a hearing. If no request for a hearing is received by the city clerk within ten regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the U.S. mail. If a hearing is requested within the stated time frame, a hearing shall be scheduled within 20 days from the date of the request. Within seven regular business days of the hearing, the city clerk shall notify the lieenseepermit holder of its decision. 7 D. Emergency. If, in the discretion of the chief of police or designee, imminent harm to the health or safety of the public may occur because of the actions of a P permit holder under this section, the city may immediately suspend the person's lieensepermit and provide notice of the right to hold a subsequent public hearing as prescribed in clause B. of this subdivision. Subd. 7. �Permit transferability. No heensepgrmit issued under this section shall be transferred to any person other than the person to whom the jiraensepermit was issued. Subd. 8. Registration. A. An organization registered with the MinnesotaAttorney General pursuant to Minn. Stat. § 309.52 as a charitable organization or exempted by Minn. Stat. 309.515 is exempt from the licensing requirements of this section, but shall register with the city. No fee shall be required for registration. Registration shall be made on a form provided by the city and shall include the following information: 1. Name and address of the organization; 2. Name and address of the person seeking to register on behalf of the organization; 3. Names and addresses of all of the officers and no more than four directors of the organization; 4. Period during which canvassing, solicitation, or fundraising is to be carried on, not to exceed five years; 5. Purpose of the cause for which registration is sought; and 6. Evidence of registration with the Minnesota Attorney General or exemption from registration,pursua,nt to Minn. Stat. §§ 309.515 or 309.52. B. Upon completion of the registration form, the city clerk shall issue to the registrant a certificate of registration as proof of the registration. Certificates of registration shall be non - transferable and state the date of issuance and length of time, not to exceed a period of 364 consecutive days from the date of issuance, that the same shall be operative. C. Each time during said 364 -day period or less, as registered with the city by the organization, that solicitation is conducted, such organization shall furnish to the city clerk the list all of its members, agents, or representatives who are conducting solicitations on behalf of the organization, solicitation credentials, in writing, stating the name of the organization, name and address of the person issuing credentials on behalf of the organization, name of agent to whom the credentials are issued, purpose of solicitation and period during which solicitation is to be carried on, not to exceed the period of time during which the registration certificate issued to the organization is operative. D. No person shall solicit on behalf of any organization until first registering with the city as set forth herein. F-4 0 Section 6 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 7. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. _ ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will, > clearly inform the public of the intent and effect of the ordinance. Section 8. Publication. The title of this ordinance and the.official summary shall publish in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. Section 9. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary. ATTEST: CITY OF EAGAN City Council. Date Ordinance Published in the Legal Newspaper: OA Agenda Information Memo April 5, 2011, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT, ON -SALE LIQUOR AND SUNDAY LICENSE — WILDCATS BAR AND GRILL ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Planned Development Amendment to allow on -sale liquor in conjunction with a Class I restaurant at 1448 Yankee Doodle Road, legally described as Lot 1, Block 1, Bicentennial Addition, subject to the conditions listed in the APC minutes. To approve the On -Sale Liquor and Sunday license for Wildcats Bar and Grill located at 1448 Yankee Doodle Road. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Wildcats Barn and Grill is requesting approval of a Planned Development Amendment to allow on -sale liquor in conjunction with a Class I restaurant at 1448 Yankee Doodle Road. ➢ The tenant space consists of approximately 3,000 sq. ft. of the strip retail center. ➢ The site is guided and zoned for retail commercial uses. ➢ The proposal satisfies the location standards of the ordinance; operational standards are set out in the licensing section of the ordinance. ➢ The Advisory Planning Commission held a public hearing on March 22, 2011 and recommended approval of the PD Amendment. ➢ George Dahmah, owner, has applied for an On -Sale Liquor and Sunday license. George Dahmah is the sole owner of the Limited Liability Company (Wildcat's Bar and Grill LLC). ➢ The required documents for the liquor license application have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the On -Sale Liquor and Sunday license. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: April 17, 2011 ATTACHMENTS (3, Location Map, page n Draft March 22, 2011 APC minutes, p es 6 Planning Report, pages through W sell ■ ■����NINE b oil all MM0O i� 1 • i s _ �� • II II 111111 /�` � � � I•I•�wla.� ' n 11111111 O�_ .� I, i��111111��,y1 C � � . ■ NEW � 11111111�� HIM MMINIMUM :�� ®_. � �t ■ ®� - 1111111111111111, 1 • • • • • . • Advisory Planning Commission March 22, 2011 Page 4 of 10 B. Wildcats Bar and Grill Applicant Name:Wildcats Bar and Grill Location: 1448 Yankee Doodle Road Application: Planned Development Amendment A Planned Development Amendment to allow on -sale liquor. File Number: 16- PA- 01 -02 -11 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 15, 2011. She noted the background and history. Vice Chair Heaney opened the public hearing. George Dahmah, Owner of Wildcats Bar and Grill, stated he was m agreement with the staff report and available for questions. There being no public comment, Vice Chair Heaney closed the public heariho'and turned the discussion back to the Commission. Member Jansma questioned why there was a condition. of approval tied to signage when the report noted that signage was in compliance. City Planner Ridley stated many restaurants t6nd_to add liquor related window signage and the condition is to ensure they conform to the Ordin2nbe. Member Piper moved, Member Jansma seconded a iri6fidn to recommend a Planned Development Amend men t`t ©allow on -sale liquor in conjunction with a Class I restaurant at 1448 Yankee Doodle Road, legally, described as part of Lot 1, Block 1, Bicentennial Addition, subject to the followin §Jotanditions:. 1. The Planned Dever prne"rit A hendment ° shall be recorded at the Dakota County Recorder's Office within;:60 days of Cfty Council approval. 2. 00 sale liqu6t:' ' les shall`"comply and be operated in accordance with all relevant state laws and regulations. 3. 'Signage shall be subject to City Sign Code requirements. All voted in favor. Motion carried 5 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 15, 2011 APPLICANT: Wildcats Bar and Grill PROPERTY OWNER: MFC Properties REQUEST: Planned Development Amendment CASE: 16- PA- 01 -02 -11 HEARING DATE: March 22, 2011 APPLICATION DATE: Feb. 16, 2011 PREPARED BY: Sarah Thomas LOCATION: 1448 Yankee Doodle Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow on -sale liquor in conjunction with a Class I restaurant at 1448 Yankee Doodle Road, legally described as part of Lot 1, Block 1, Bicentennial Addition. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. In addition, Chapter 5, Business Licenses, requires a liquor license for on -sale liquor. BACKGROUNDIHISTORY This Yankee Square building was constructed in 1975 and is zoned PD, Planned Development. Uses within this shopping center are based on the CSC, Community Shopping Center zoning district. Planning Report — Wildcats Bar & Grill March 22, 2011 Page 2 EXISTING CONDITIONS Yankee Square is a strip retail center located off Yankee Doodle Road. Wildcats Bar and Grill occupies approximately 3,000 square feet near the center of the strip retail center. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The applicant is proposing to establish a Class I restaurant upon this property. As described in the applicant's narrative, the applicant currently has a wine and beer license. The on -sale liquor also requires a license under Chapter 5 of the City Code. The applicant does not propose outdoor seating or exterior modifications to the building. On -Sale Liquor — This site appears to be consistent with on -sale liquor licensing requirements. The property is guided and zoned for retail commercial uses, and the on -sale liquor is proposed in conjunction with a Class I restaurant. The site is not in close proximity to any specified protected uses (i.e. schools, daycares, churches). Sim — New signage has been approved and installed in compliance with the City Code. Any additional signage will require a sign permit, and compliance with City Sign Ordinance requirements will be verified at that time. SUMMARY /CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow on -sale liquor in conjunction with a Class 1 restaurant at 1448 Yankee Doodle Road. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow on -sale liquor in conjunction with a Class I restaurant at 1448 Yankee Doodle Road, legally described as part of Lot 1, Block 1, Bicentennial Addition. 0 Existing Use Zoning Land Use Designation North Yankee Doodle Road Right -of -way East Gas Station PD, Planned Development RC, Retail Commercial South Auto service PD, Planned Development RC, Retail Commercial West Retail PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Proposal — The applicant is proposing to establish a Class I restaurant upon this property. As described in the applicant's narrative, the applicant currently has a wine and beer license. The on -sale liquor also requires a license under Chapter 5 of the City Code. The applicant does not propose outdoor seating or exterior modifications to the building. On -Sale Liquor — This site appears to be consistent with on -sale liquor licensing requirements. The property is guided and zoned for retail commercial uses, and the on -sale liquor is proposed in conjunction with a Class I restaurant. The site is not in close proximity to any specified protected uses (i.e. schools, daycares, churches). Sim — New signage has been approved and installed in compliance with the City Code. Any additional signage will require a sign permit, and compliance with City Sign Ordinance requirements will be verified at that time. SUMMARY /CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow on -sale liquor in conjunction with a Class 1 restaurant at 1448 Yankee Doodle Road. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow on -sale liquor in conjunction with a Class I restaurant at 1448 Yankee Doodle Road, legally described as part of Lot 1, Block 1, Bicentennial Addition. 0 Planning Report — Wildcats Bar & Grill March 22, 2011 Page 3 If approved, the following conditions shall apply. 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. On -sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. 3. Signage shall be subject to City Sign Code requirements. 93 il 'Knob Park son �` :: a•;L� •• DMyRd WdAll ♦ c = Ihtd iw ` ,, 11 ME� :� ►�� ��11l111l1!!lln�� �r�s�.Ii.... ,.,,�,�- _��__. • ��■ ■• -. - 111111 111111 11111 i ' I ill City of Eap Current Zoninq and Land Use Map Application: Wildcats Type: PD Amendment Case No.: 16- PA- 01 -02 -11 LB Ir Zonin PD- Planned Development A In In ■ LB 1:111 Subject Site _\ YANKEE DOODLE ROAD Pb GB V LB Land Use Plan RC- Retail Commercial N 0 300 600 1,200 Feet CSC ' I AR Y MO i MO O/S Subject Site O/S YANKEE DOODLE ROAD I ,_ RC RC RC ` ,— LL ors HD I V O/S RC F _ q� i gfi I�f ° Q� , f C m m On d a — .- narn:irw.snar 6 I = I = / I — :. -- - - - - -- - - - -= a � $F a� r Sol SITE PLAN t 1 4 €g p 4 y #j ,, € __•� h � 5 f v d 'e 's e a ; Ilk FE S TREET i C m m On d a — .- narn:irw.snar 6 I = I = / I — :. -- - - - - -- - - - -= a � $F a� r Sol i I ]fit av � � ;� P•4�d��d ¢�� f 6 i¢ l e 1 . � I f fdtf g x M 0 o v R O g , �I I J I d5 � f t 8 a ° w 0 A a m M 0 b � o O a b !Sy s 0 a a 2 i y o C' a o Nb No �• t 1 4 €g p 4 y #j € __•� h � 5 f v d 'e 's e a ; i I ]fit av � � ;� P•4�d��d ¢�� f 6 i¢ l e 1 . � I f fdtf g x M 0 o v R O g , �I I J I d5 � f t 8 a ° w 0 A a m M 0 b � o O a b !Sy s 0 a a 2 i y o C' a o Nb No / 4 L___ .__1 e __•� h � -To Whom it may concern, RECEIVED FEB 18.2011 I would like to construct a bar within the building at 1448 Yankee Doodle Road for the purpose of selling alcohol. We currently have a beer and wine license and food license surrounding area are all like businesses with a few exceptions. The planned development will be an asset to the area and bring more exposure for the other tenants and businesses in the immediate area. Ther should not be an extra burden on the city services in any way as the building was previously a restaurant and no additional services will be utilized. The proposed use of the building is a better use of the property because there is a need for this kind of service in the area. We are a full service restaurant and bar that supports the Eagan community. We would like to get this done as soon as possible with a construction time of about 7 days after approval. Our goal is to provide Eagan with a bar and restaurant with quality food and service that is supportive to the community. Sincerely, ` ' George Dahmah