06/21/2011 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
JUNE 21, 2011
6:30 P.M.
ROLL CALL AND PLEDGE OF ALLEGIANCE
ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
3 A. ACCEPT Two Patriot Awards from the United States Department of Defense
L,' B. RECOGNITION of E -TV, Recipient of the Northern Lights Award from the Minnesota Association
• of Government Communicators
5 • C. RECOGNITION of Wayne Beckman for 31 Years of Service with the City of Eagan
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made
for an item to be pulled for discussion)
��. A. APPROVE MINUTES
B. PERSONNEL ITEMS
�p C. APPROVE Check Registers
• D. AUTHORIZE the Fire Department to Seek Bids for a 2012 Replacement Fire Engine
E. APPROVE 2011 -2012 Massage Therapy Establishment License Renewals
F. APPROVE 2011 -2012 Amusement Device License Renewals
( AUTHORIZE Advanced Acquisition of Private Street Signage (2012 CIP)
j • H. APPROVE Change Order No. 2 for Contract 11 -01, Citywide Street Improvements
4 APPROVE Wetland Replacement, Lebanon Hills Regional Park Improvements
J. APPROVE Change Order No.6 for Contract 09 -20, Fire Safety Center
K. APPROVE Change Order No.1 for Contract 09 -18, Duckwood Drive Overpass
L. APPROVE Final Payment for Contract 11 -10, Fish Lake In -Lake Alum Dosing
M. APPROVE a Joint Powers Agreement with the State of Minnesota to Join a Multi- agency Task
Force to Combat Internet Crimes Related to Children
N. APPROVE a Resolution Accepting a Grant Award from the State of Minnesota for Two Squad
Car Video Cameras
32.0. APPROVE Grant Agreement with the Minnesota Department of Employment and Economic
Development for the Cedar Grove Boulevard Construction Project
•P. APPOINT City Administrator as Alternate to the MSP Noise Oversight Committee (NOC)
,3 4. Q. APPROVE Application for Exempt Permit for Missions Inc. Programs to Hold a Raffle at the
Eagan Funfest on July 4, 2011
3L• R. APPROVE 2011 Funding Commitment for Extending City Fiber and Authorize Preparation and
Issuance of RFPs for Construction
L{O APPROVE Resolution to Accept a Grant from Very Special Arts Minnesota for Capital
Improvements for Accessibility in the Eagan Art House Pottery Studio and Approve any
Necessary Changes to the 2011 Budget
V. 2010 COMPREHENSIVE ANNUAL FINANCIAL REPORT
VI. PUBLIC HEARINGS
y,3 A. VACATION of Drainage & Utility Easement, Outlots A& E Stonehaven 1 Addition; APPROVE
Easement Vacation, Final Planned Development for Stonehaven 2 " Addition
VII.
OLD BUSINESS
3. A. CONSIDER Awarding of Contract 11 -08 Cedar Grove Boulevard Street & Utility Improvements
B. ORDINANCE AMENDMENT — An Ordinance Amendment to Chapter 11 Relative to Establishing a
Zoning Permit
a"
IX.
X.
XI.
NEW BUSINESS
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
ECONOMIC DEVELOPMENT AUTHORITY
�/. A. CALL TO ORDER
B. ADOPT AGENDA
C. CONSENT AGENDA
APPROVE EDA Minutes
D. OLD BUSINESS
1. Cedar Grove Update — Pratt Development and Cassidy Turley
E. NEW BUSINESS
78 F. OTHER BUSINESS
G. ADJOURN
ADMINISTRATIVE AGENDA
A. City Attorney
B. City Council Comments
C. City Administrator
D. Director of Public Works
E. Director of Community Development
XII.
XIII.
VISITORS TO BE HEARD (for those persons not on the agenda)
CLOSED SESSION
XIV. ADJOURNMENT
Agenda Information Memo
June 21, 2011, Eagan City Council Meeting
Recognitions and Presentations
ACTION TO BE CONSIDERED:
h. Accept two Patriot Awards from the United States Department of Defense
FACTS:
• Eagan Police Officer Chad Clausen is a member of the Minnesota National
Guard.
• On May 24, 2011, Officer Clausen and members of his National Guard Unit were
activated for one -year and are expected to be deployed to the Middle East.
• Recognizing the hardships accompanying a soldier's deployment, the police
department along with the Eagan City Council implemented practices and policy
in support of Officer Clausen and his family.
• In appreciation for the efforts of the City, Officer Clausen nominated the City and
its police department for Patriot Awards.
• National Guard and Reserve Personnel can nominate their employers for a Patriot
Award if they feel the employer is supportive of the deployment.
• On June 2, 2011, the City was notified it would be receiving two Patriot Awards
recognizing the City and the police department.
• James Sullivan is employed by the United States Department of Defense. He is
the Executive Director of the Minnesota Committee for Employers Supportive of
Guard and Reserve Personnel. Mr. Sullivan will present the awards to the Mayor
and Council.
• Mr. Sullivan expects the presentation to last five to ten minutes
Attachments:
None
3
Agenda Information Memo
Eagan City Council Meeting
June 21, 2011
RECOGNITIONS AND PRESENTATIONS
B. RECOGNITION of E -TV, Recipient of the Northern Lights Awards from the
Minnesota Association of Government Communicators
FACTS:
• In' May the 29 annual Northern Lights Awards were held by the Minnesota Association
of Government Communicators to recognize the best visual and written communications
for 2010.
• The black and white Eagan history video produced for Eagan's 150 anniversary and
Founder's Day event once again was highly recognized. Not only did it win the
Informational Video category, but it was recognized as the very best communications
piece of the year —of any medium —with the prestigious Best In Show award.
• Previously, the same reenactment video was honored with two regional Emmy
nominations, and it won first place in the national 2010 Government Programming
Awards for best promotion of a city or county.
• A second Eagan Television video also won an award of merit for its promotion of the old
fashioned holiday at historic Holz farm.
• Communications Director Garrison is present to recognize E -TV personnel responsible
for these productions and share the awards with the City Council
ATTACHMENTS:
None
Agenda Information Memo
June 21, 2011 Eagan City Council Meeting
III. Recognitions and Presentations
C. RECOGNITION OF WAYNE BECKMAN FOR 31 YEARS OF SERVICE WITH
THE CITY OF EAGAN
ACTIONS TO BE CONSIDERED:
No formal action needed. The recognition is to honor and thank Wayne Beckman for 31
years of service with the City of Eagan.
FACTS:
• Mr. Wayne Beckman began his employment with the City of Eagan in November 1979.
• Over his tenure in Eagan, he worked in both parks and streets maintenance.
• Mr. Beckman has been a valuable member of the City of Eagan team and will be missed.
ATTACHMENTS:
None
6
Administrative Agenda
June 21, 2011 Eagan City Council Meeting
A. APPROVE MINUTES
ACTION TO BE CONSIDERED:
There are not minutes for approval at the June 21, 2011 City Council Meeting
514
Agenda Information Memo
June 21, 2011 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1.
ACTION TO BE CONSIDERED:
Acknowledge the resignation of Wayne Beckman, Streets Maintenance Worker, and authorize
his replacement.
Item 2.
ACTION TO BE CONSIDERED:
Approve the hiring of Seasonal Employees in Parks & Recreation & Utilities:
Seasonal/ Temporary Employees
Name
Division
Job Title
Joshua Varghese
Cascade Bay
Building/ Grounds Attendant II
Kyle Jonas
Cascade Bay
Building/ Grounds Attendant II
Thomas Adrian
Cascade Bay
Building/ Grounds Attendant II
Leanne Bondhus
Cascade Bay
Fitness Instructor
Schyler Steele
Cascade Bay
Fitness Instructor
Art Fugere
Parks & Rec
Landscape Crew
Jordan Rothschiller
Parks & Rec
Park Laborer
Justin Weber
Parks & Rec
Park Laborer
Katelyn Lutovsky
Parks & Rec
Park Laborer
Katie Konat
Parks & Rec
Park Laborer
Nathan Dunn
Parks & Rec
Park Laborer
Sara Morse
Parks & Rec
Recreation Assistant
Daniel Nordman
Utilities
Utility Maintenance Worker
Joshua Bolks
Utilities
Utility Maintenance Worker
Item 3.
ACTION TO BE CONSIDERED:
Approve Amendments to City Personnel Policy: 1) Language Regarding Social Media in Section
3 of the City of Eagan Information Technology Policy and 2) Language Regarding Political
Activities of Employees Added to Section 28 of the Personnel Policy
Ir
I: mo
Background:
• In its 2011 goals retreat the City Council identified the importance of the City stepping
up its social media presence as part of its wider goal to "implement proven technologies
to ... enhance communication with the community ..."
• A cross - departmental team has reviewed social media policies and approaches by various
cities and states and also recommended go- forward approaches for Eagan. Following a
check -in with the City Council at the June 14 work session, the Council directed a social
media policy addition to the City's Personnel Policy be placed on the June 21 City
Council Agenda.
• In mid -May the City launched a redesigned Website meant to provide greater visual
identity, support and flexibility for growing Eagan's social media presence.
• The policy developed will now allow the City to engage the widest possible number of
residents with social media regarding City services and offerings while receiving
important and timely feedback. The City's social media presence on Facebook and
Twitter will also direct readers back to the City's Website for more and additional
information.
The recommendation is to allow comments on City social media sites to build trust and
transparency, yet content that is ugly, offensive, profane, denigrating or out of context,
will be rejected and removed by City staff in consultation with the City Administrator. A
set of guidelines regarding the submission of inappropriate content and reserving the
City's right to remove such content will be posted for the public.
• Given the transitory nature of many postings (which do not have to be retained), it is not
anticipated that record retention and data practice requirements will be burdensome.
• After an initial trial period, other Facebook or Twitter pages will be considered, but the
intended communication purposes /objectives/benefits of additional sites must be spelled
out as well as who will be maintaining the site, and the intended frequency of posts and
updates.
Attachments:
I►�C�7T
III
Section 2 — Information Technology Definitions
Social Media: is a conversation in print. Social Media includes the various online technology
tools that enable people to communicate easily via the internet to share information and
resources. Social Media can include text, audio, images, podcasts, and other multimedia
communications.
Section 3 - Information Technology Use
3.11 Social Media
A social media presence is yet another way government can communicate to the broadest
possible audience of those it serves, and residents can communicate with their
government. Social media reaches populations that do not necessarily consume
traditional media. The City of Eagan's intent is to increase transparency, immediacy, and
feedback, while striking a balance between user access and network security.
The purpose of this social media policy is to ensure the appropriate content and conduct
across communication channels and the consistent use of City marks and messages when
using Social Media related websites. As part of a broader communications strategy, the
City of Eagan will use social media sites, as appropriate, to distribute time - sensitive
information about our programs, events and services, and changes that occur in this fast
moving world of information, and as a means for marketing /promotion. However, the
City's official website, located at www.cityofea ag n.com remains the City's primary
online medium for communicating information to the public.
Employee Access
An employee's use of social media is for the express purpose of communicating the City
of Eagan's services, programs and policies, as authorized by the City Council, and as
directed by supervisory staff. Access from City -owned devices is for professional use
only, and subject to the City's personnel, computer usage, and links polices.
Social Media Account Management
The City of Eagan has an overriding interest in deciding what can be communicated on
its behalf and how that will be done on the City's social media sites. Primarily that will
be done on one City Facebook page capable of supporting content from all City
departments. However, designated enterprise programs (the Eagan Community Center,
Cascade Bay, and the Civic Arena) and Eagan Television (E -TV) may have separate
social media accounts if approved according to the requirements of the rest of the policy.
Further, after an initial trial period with one City Facebook page, it is contemplated that
departments may make application for a separate departmental page if the same
information is also copied to the City's Facebook page. Web editors, or other designated
n4v
employees, will be granted access to post and remove content, with each department
expressly authorizing its social media posters. The creation of all social media sites for
the City is subject to the approval of the Communications Director, with appeal to the
City Administrator or designee. Requests must spell out in writing the mission (intended
communication purpose for the site), objectives, and likely benefits of the business
decision to use social media, as well as who will be maintaining the site, and the intended
frequency of posts and updates.
Upon authorization for a social media site, each maintainer of that site (whether that be
Communications, Cascade Bay, etc.) must provide the IT manager with a list of its City -
maintained social media sites, including login -in and password information. It is the
responsibility of the department maintaining a City social media site to immediately
provide the IT manager with any changes in password or log -in information to those
sites. Subject to the City of Eagan's social media policies regarding appropriate content
and citizen conduct, City- maintained social media content or sites may be edited,
modified, or removed by the City at any time and without notice.
Acceptable Use
Information posted or distributed on City- maintained social media sites must also be
available on the City's Website. All posts should reflect a clear purpose.
Social media sites will contain links directing users back to the City's official website for
more in -depth information and resources. No information should be posted exclusively to
social media sites unless the posting is particularly time sensitive in nature. Emergency
postings should also be posted to the City's Website simultaneously or as soon as
possible, thereafter.
Employee Conduct
Emerging social media platforms provide new ways to engage with citizens and
customers to build stronger relationships, civic engagement, and "connectedness."
Employees who are designated to participate in social media are expected to follow these
guiding principles:
• Customer protection and respect are paramount
• Postings should be related to that department's specific function and subject matter
expertise.
• Postings must be factual, respectful, and on -point and should reasonably avoid being
thought of as spam, off -topic or offensive.
• Per the City's public relations policy (Section 26 of the Personnel Policy), employees
must notify the City Communications department of any media contacts received related
to your posts. Further, under no circumstances should non - department head personnel
comment to reporters regarding matters of City policy, opinion or interpretation.
• Replies to individual constituent inquiries received via social media sites must be retained
per the City's record retention schedule, and if others would benefit from the response,
copy it to the Citizen Request inventory of questions and answers.
0
Appropriate Content
If user content is positive or negative, but relevant to the discussion topic, then the content will
remain, regardless of whether it is favorable or unfavorable to the City of Eagan.
Content that is ugly, offensive, profane, denigrating, or out of context, may be rejected
and removed by the Communications Department in consultation with the City
Administrator or designee, in the interest of time, by individual department social media
editors with notification to the Communications Director while following record retention
requirements.
Posting private data is expressively prohibited. Prohibited content also includes:
• Comments in support or opposition to political campaigns, referenda or other ballot
measures;
• Comments unrelated to the topic;
• Sexual content or sexual innuendo;
• Content that promotes or perpetuates discrimination on the basis of race, creed, religion,
gender, marital status, orientation, or any other class protected by state or federal law, per
Title VII of the Civil Rights Act;
• Solicitations of commerce;
• Information that may compromise the safety and security of the public or public systems;
• Content that encourages illegal activity or violates the legal ownership rights of another;
• When in doubt, leave it out. If uncertain about making a post, check with a supervisor.
Each department may set posting approval guidelines beyond those described in this
policy.
Copyright requirements apply when selecting photos or content for social media sites. Do not use
copyright material without permission. Photos of City employees will only be posted of those
who have signed a Photo Release.
Disclosure and Retention
Typically social media postings merely referencing something on the City's Website or that are
transient in nature are not considered official records and therefore, do not have to be retained.
However, communications made through City- related social media that go beyond what is on the
City's Website, or are not posted on the City's Website may be considered public records
pursuant to the Minnesota Government Data Practices Act (Chapter 13) and record retention
statutes, [MS 138.17]. Specifically, a record must be kept of any comments received from
members of the public on City social media sites which the City intends to delete. All retained
postings will be deleted in 30 days, per section 3.8.
Employees on or off duty on the scene of emergencies, incidents or events are prohibited from
posting photos of on -scene public safety incidents on their personal social media sites or
disclosing or discussing private data or internal procedures or methods that would tend to
compromise operational safety of the City or its departments.
IQ
3.12 Personal Use of Information Technology Equipment
4. Social Media
City sponsored Social Media sites shall not be used for any personal use. Refer to
Section 3.13.
3.13 Prohibited - Inappropriate Non - business Use
Use of City computers, software, website, social media sites and all other City peripherals
for the following is strictly prohibited at all times:
• For profit, non - profit, or commercial activities, including but not limited to
consulting, typing services, software development, real estate, or M bme of personal
business activity.
• For any other public office or employment which is incompatible with City
employment responsibilities.
• For any political or religious activities.
• As a platform to share personal viewpoints, regardless if they represent the City
official position or not.
• For sharing confidential data or any City related data including but not limited to;
photos, videos, web - streams, uniforms, logos, patches, or any related equipment or
software.
• For illegal or unethical activities.
• For annoying or harassing other individuals.
• For wagering, betting, or selling chances.
• For fund raising except for City approved activities.
• For use or possession of security auditing software and /or hacker tools.
• For attempting to gain unauthorized access to a system.
• For non -City blogging.
■ For broadcast mailing lists.
Prohibited use includes, but is not limited to; the transmission of non - business audio,
graphic or movie files (to include streaming audio and video, MP3, Jpg, Tif, Gif, Mpg,
AVI, etc.); games; jokes; instant messaging; content of an offensive or pornographic
nature; copyrighted material and large data files not directly related to City business.
These items must not be downloaded from the Internet, sent or accepted as email
attachments or installed on any City owned computer equipment including but not limited
to desktops, laptops mobile and wireless devices, without prior approval from the IT
Department. These types of files can be large and affect the network or PC performance
or carry viruses.
The policies related to e -mail and Internet use have the same force and effect during non -
business hours as it does during business hours.
PERSONNEL POLICY SECTION 28: POLITICAL ACTIVITIES OF EMPLOYEES
28.1 City employees are neither appointed to nor retained in municipal employment on
the basis of their political activity, but rather on the basis of their merit.
28.2 No employee of the City of Eagan shall, directly or indirectly, during his or her hours
of employment solicit or receive funds or at any time use his or her authority or
official influence to compel any officer or employee to apply for membership in or
become a member of any organization, or to pay or promise to pay any assessment,
subscription, or contribution, or to take part in any political activity.
28.3 City social media sites, internet, intranet, email or any other Cityquipment may not
be used as a political platform.
12.
Agenda Memo
June 21, 2011 Regular City Council Meeting
D. AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR REPLACEMENT FIRE ENGINE
ACTION TO BE CONSIDERED:
Authorize the advertisement for bids to purchase replacement fire engine for 2012.
FACTS:
• Unit 1220 is a 1988 Peterbilt Fire Engine. It is planned to be replaced in 1220. The vehicle
condition index (VCI) for unit 1220 is a 21 which places it in the needs immediate
consideration for replacement category.
• A replacement fire engine takes about 10 -12 months for delivery once the order has been
placed. The Fire Departments Truck Committee would like authorization to seek bids for
the replacement 2012 truck now, with payment due upon delivery in the spring of 2012.
• The Truck Committee is recommending that this engine be replaced with a new fire engine
with an articulating, elevated water tower on the body. The elevated water tower gives the
city a partial "ladder truck" credit for our ISO insurance rating at a fraction of the cost of an
additional ladder truck.
• During our last ISO rating (1997) the rater recommended that Eagan consider a third ladder
device with an elevated water stream due to the amount of buildings over three stories and
the amount of large commercial /industrial facilities in Eagan. True ladder trucks cost
between $800,000 to over a million dollars and are usually very large vehicles that are
sometimes hard to fit into the area that we need an elevated water stream. The articulating
water tower is added to a normal sized fire engine and adds approximately $80,000 to the
overall cost of a fire engine. They also require a lot less maintenance than a ladder truck
does.
• The City of Eagan has an opportunity to save additional dollars on this unit by purchasing a
demonstrator unit that will be on display at a national fire show in the spring of 2012.
• The current Unit 1220 will be sold by the sealed bid process upon delivery of the
replacement fire engine in 2012.
• Funding for the replacement fire engine would come from the Fire Apparatus Revolving
Fund.
• The Fire Department will bring the bids back to a future Council Meeting to present to the
City Council for approval.
ATTACHMENTS:
None
13
Agenda Information Memo
June 21, 2011, Eagan City Council Meeting
E. APPROVE 2011 -2012 MASSAGE THERAPY ESTABLISHMENT
LICENSE RENEWALS
ACTION TO BE CONSIDERED:
To approve the following 2011 -2012 Massage Therapy Establishment License renewals:
• A Touch of Solitude, 1570 Century Point
• Life Spa, 1565 Thomas Center Drive
• Tranquility For You Massage Therapy, 1960 Cliff Lake Road Ste. 124
• Changing Tides Massage, 3348 Sherman Court #103
• Keep In Touch Massage of Eagan, 3424 Denmark Ave
• Cole's Salon, 2131 Cliff Road
• Cole's Salon, 3450 Pilot Knob Road
• Affordable Therapeutic Massage, 4580 Scott Trail
• Body Wellness & Beyond, Inc., 4141 Old Sibley Memorial Highway
• Massage Envy Eagan, 3250 Denmark Ave Suite 108
• Neuromuscular Connection, 4580 Scott Trail #118
• A Touch of Tranquility, 4561 Nicols Road
• Solimar Wellness Spa, Inc., 1121 Town Centre Drive
FACTS:
➢ The above businesses have applied to renew their licenses for the July 1, 2011 to
June 30, 2012 license period.
➢ All requirements of the applications have been met and staff deems them in order for
approval.
ATTACHMENTS (0):
(The applications are available from the Office of the City Clerk.)
IA
Agenda Information Memo
June 21, 2011, Eagan City Council Meeting
F. APPROVE 2011 -2012 AMUSEMENT DEVICE LICENSE RENEWALS
ACTION TO BE CONSIDERED:
To approve the following 2011 -2012 Amusement Device License renewals:
• Donald Awe, one machine located at Piccolo's Pizza, 4162 Pilot Knob Road
• National Entertainment Network, one machine located at Cub Foods #155192,
1940 Cliff Road
• National Entertainment Network, two machines located at Wal -Mart #1786,
1356 Town Center Drive
• Thomas Theisen, four machines located at Holiday Inn Express, 1950 Rahn
Cliff Court
• Thomas Theisen, nine machines located at Cedarvale Lanes, 3883 Cedar Grove
Parkway
FACTS:
➢ The above amusement device owners have applied to renew their licenses for the
July 1, 2011 to June 30, 2012 license period.
➢ All requirements of the applications have been met and staff deems them in order for
approval.
ATTACHMENTS (0):
(The applications are available from the Office of the City Clerk.)
15
Agenda Information Memo
June 21, 2011 Eagan City Council Meeting
CONSENT
G. PRIVATE STREET NAME SIGNAGE
ACTION TO BE CONSIDERED: Authorize the advanced acquisition of private street
name signage from the 2012 CIP program year.
FACTS:
• On June 7, 2011, the City Council adopted the 5 yr Capital Improvement Plan for 2012-
2016 and also authorized the implementation of the 2012 improvements. Included in the
2012 improvements is the scheduled replacement of street name signs at 112
public /private street intersections at a programmed cost of $50,000 to be financed by the
Major Street Fund.
• In addition to the Federally mandated retro- reflectivity upgrade, public street name signs
will contain white letters on the traditional green background while private street name
signs will contain white letters on a blue background with the additional wording
"Private ". This color differentiation will provide enhanced identification of private streets
for added clarity and benefit for emergency response services, traffic and code
enforcement personnel and education of the general public as well as prospective
property owners.
• Due to significant discount pricing that just recently became available (but only till the
end of this month), the City could enjoy a savings of approximately $8,450 (36% of
material costs, 17% of total estimated project costs) by purchasing the signs by June 22,
2011.
• All street name signs will be installed in public rights -of -way by city transportation
operations staff.
I �0
Agenda Information Memo
June 21, 2011 Eagan City Council Meeting
H. CONTRACT 11 -01, CITYWIDE STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 11 -01
(Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
FACTS:
• Contract 11 -01 provides for the street improvements of:
o Park Knoll Addition (Project 1021)
o Wilderness Ponds Addition (Project 1039)
o Fairway Hills Addition (Project 1040)
o Clearview Addition (Project 1044)
o Galaxie/ Cliff Plaza (Plaza Drive) (Project 1045)
o Blue Cross Road (Project 1048)
o Wilderness Run Road (Project 1049),
and parking lot/ driveway improvements of.
o George Ohmann Park
o Trapp Farm Park
o Cliff Road Water Booster Station driveway.
• On March 15, 2011, the City Council awarded the base bid for Contract 11 -01 for these
improvements.
• Change Order No. 2 provides for the change in pavement rehabilitation method for
Wilderness Run Road (Project No. 1049) from recycle/ reclaim of the existing pavement
and a portion of the underlying gravel base, to a removal of the existing pavement. This
change provides for the same finished street section as the recycle/ reclaim method, while
reducing the amount of needed subgrade stabilization experienced on similar previous
projects.
• The change order provides for a total ADD of $5,769.80 (0.4% of original contract). The
cost of the additional work will be the responsibility of the City's Major Street Fund
($4,151.82) and special assessments ($1,617.98) as identified in the feasibility report for
Project 1049.
• The change order has been reviewed by the Engineering Division and found to be in
order for favorable Council action.
17
Agenda Information Memo
June 21, 2011 Eagan City Council Meeting
I. LEBANON HILLS REGIONAL PARK IMPROVEMENTS
WETLAND REPLACEMENT PLAN
ACTION TO BE CONSIDERED: Approve a Wetland Replacement Plan for Lebanon Hills
Regional Park Visitor Center Improvements.
FACTS:
• As part of the Phase II Lebanon Hills Regional Park (LHRP) improvements, Dakota County
Parks is proposing improvements to the entrance road, main parking lot, and overflow
parking lot at the LHRP visitor's center, located in the City of Eagan. Additional amenities
include a trail and overlook at McDonough Lake. Phase I improvements were implemented
in 2001. The proposed project would fill 0.19 acres (8,485 ft 2 ) of wetlands. The County
proposes to replace these unavoidable impacts at a 2.5:1 ratio by withdrawing 0.49 acres
(21,213 ft of credits from its off -site wetland bank.
• The City publicly noticed the application for a wetland replacement plan on May 13, 2011, in
accordance with MN Rules Ch. 8420. No comments were received by the June 6 deadline.
The public notice indicates the City Council will make a decision on the wetland replacement
plan application at its June 21, 2011, regular meeting.
• The project has been reviewed and found to be acceptable by the Wetlands Technical
Evaluation Panel (Staff from the City of Eagan, Dakota County Soil and Water Conservation
District, and Board of Water and Soil Resources) and Minnesota DNR staff.
i
Agenda Information Memo
June 21, 2011 Eagan City Council Meeting
J. CONTRACT 09 -20, FIRE SAFETY CENTER/ STATION TRAIL
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 6 to Contract 09 -20
(Fire Safety Center/ Station Trail — Site Grading & Utilities) and authorize the Mayor and
City Clerk to execute all related documents.
FACTS:
• Contract 09 -20 provides for the site grading, building pad preparation, and utility
services, including sanitary sewer, water main, and storm sewer, for the Fire Safety
Center as presented in a schematic design to the City Council on August 11, 2009.
• On March 16, 2010, the City Council awarded the base bid for Contract 09 -20 for
these improvements.
• Change Order #6 provides for four items:
• Bituminous wear course price increase as a result of postponing the placement
of the final pavement surface until spring 2011 due to many weather- related
delays throughout the 2010 construction year. (ADD $6,395.40).
• Additional traffic control for Yankee Doodle Road concrete median work;
needed double lane closure for median modifications to provide full access for
emergency responses. The work required traffic control for a two day period,
where a one -day traffic control was anticipated in the original contract. (ADD
$5,018.37).
• Hydrant relocation outside of the antique fire truck bay needed to provide
more space for vehicle turning movements. (ADD $1,960.00).
• East parking lot island curb modifications needed to allow more space for
larger delivery vehicle turning movements, reducing damage to the landscaped
area in this island and allowing larger vehicles to navigate the turns without
driving up onto the curb. (ADD $3,934.00).
• Change Order #6 provides for a total ADD of $17,307.77 (2.79% of original
contract). The cost of the additional work will be the responsibility of a combination
of the City's Fire Safety Campus Fund ($15,854.12) and special assessments
($1,453.65) to benefiting properties under Project 1012.
• This change order has been reviewed by the Fire Department and Engineering
Division and found to be in order for favorable Council action.
Iq
Agenda Information Memo
June 21, 2011 Eagan City Council Meeting
K. CONTRACT 09 -18, DUCKWOOD DRIVE OVERPASS
BRIDGE & STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 09 -18
(Duckwood Drive Overpass — Bridge & Street Improvements) and authorize the Mayor and
City Clerk to execute all related documents.
FACTS:
• Contract 09 -18 provides for the extension of Duckwood Drive, connecting Federal Drive
with Pilot Knob Road, over I -35E as a new grade separated crossing (overpass). 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 1 -35E ramp from Pilot Knob Road, and bituminous trails on both sides of
Duckwood Drive.
• On April 5, 2011, the City Council awarded the bid for Contract 09 -18 for the bridge, street
and associated improvements to Lunda Construction, Inc.
• Change Order #1 provides for the following items:
o Salvage and reinstall additional street sign on I -35E exit ramp per MnDOT
request. MnDOT requested the placement of an existing lane designation sign outside
of the construction zone and its return upon project completion, contrary to their plan
review comments (ADD $275.00).
o Install business location sign for Precision Tune. An existing business identification
sign directing customers to Precision Tune is to be removed and replaced as part of the
construction. The significant time between the anticipated removal and replacement is
of significant concern to the business (ADD $225.00).
o Unit price adjustment for silt fence quantity in excess of 125% of contract
proposal. Additional silt fence is required for adequate erosion control measures on
site. MnDOT specifications allow the specified additional cost (ADD $510.00).
o Enhanced erosion control method. The use of hydro - seed/mulch will better address
the steeper slopes on the abutment embankments than standard straw mulch and
seeding (ADD $2,250.00).
o Modify installed storm sewer in west abutment embankment. The storm sewer
design did not adequately address the extent of the 3:1 embankment slope on the west
side of the freeway. Additional storm sewer pipe and structure builds are required. The
consultant will cover all of the additional costs related to the contractor's return to and
excavation of the completed work (ADD $10,323.50).
• The change order provides for a total ADD of $13,583.50 (0.3% of original contract). The
cost of the additional work will be the responsibility of the consultant ($4,903.50) and the
City's Major Street Fund ($8,680.00).
• The change order has been reviewed by the Engineering Division and found to be in order
for favorable Council action.
Agenda Information Memo
June 21, 2011 Eagan City Council Meeting
L. CONTRACT 11 -10, FISH LAKE, IN -LAKE ALUM DOSING
WATER QUALITY IMPROVEMENT
ACTION TO BE CONSIDERED: Approve the final payment for Contract 1140 (Fish Lake
In -Lake Alum Dosing — Water Quality Improvement) in the amount of $52,500.00 to
Sweetwater Technology, and accept the improvements for perpetual City maintenance subject
to warranty provisions.
FACTS:
Contract 11 -10 provided an "in- lake" surface application of aluminum sulfate (alum) to Fish Lake as
one of the scheduled Best Management Practices recommended in the Fish Lake Total Maximum
Daily Load (TMDL) Implementation Plan. The contract also included the application of sodium
aluminate, a buffering agent, to mitigate a potential reduction in pH that can stress fish
populations. The purpose of the in -lake alum dosing was to control phosphorus released from
existing sediment that is recycled within Fish Lake during certain environmental conditions. The
project was completed in anticipation of the completion of Contract 09 -04 (Fish Lake Alum
Dosing and Settling Basin) to reduce phosphorus entering the lake in stormwater through the
construction of the alum settling basin and restarting the alum injection system at the Hurley Lake
stormwater lift station.
These improvements have been completed, inspected by representatives of the Public
Works Department, and found to be in order for favorable Council action of final payment
and acceptance for perpetual maintenance subject to warranty provisions.
2.1
Agenda Information Memo
June 21, 2011, Eagan City Council Meeting
CONSENT AGENDA
M. Approve a Joint Powers Agreement with the State of Minnesota enabling the police
department to join a multi agency task force that combats internet crimes where children
are victims
ACTION TO BE CONSIDERED:
Approve a Joint Powers Agreement with the State of Minnesota, acting through its
Commissioner of Public Safety- Bureau of Criminal Apprehension (BCA), allowing
Eagan Police Officers to cooperatively work with other law enforcement agencies to
investigate internet crimes related to juveniles.
FACTS:
• The, Bureau of Criminal Apprehension (BCA) is the recipient of a federal grant from the
Office of Juvenile Justice and Delinquency Prevention (OJJDP).
• The purpose of the grant is to provide law enforcement with funding to combat internet
crimes where children are the victims. Equipment, training, and personnel expenses are
available to the city if Eagan Police Officers assist in the investigation, prosecution, and
prevention of illegal exploitation of children via the internet.
• By entering into this agreement, the Eagan Police Department will work with personnel
from other Minnesota Law Enforcement Agencies by exchanging data and identifying
suspects involved in internet crimes related to children.
• Approval of this agreement will allow the City to access portions of approximately
$320,000 in grant funds that can be used for enforcement, prevention, and education.
• The City of Eagan authorized a similar agreement in 2009 when it was administered by
the St Paul Police Department. At that time, the agreement was reviewed by the City's
Attorney. The current agreement has also been reviewed by the City Attorney.
• The agreement will require a yearly signature by the City. There are 3 copies of the JPA
agreement, all must be signed and returned to the BCA.
• Exhibits (A -C) in the JPA include background information. These Exhibits are available
for review upon request.
• Eagan's participation is contingent upon approval of the agreement by State of Minnesota
Officials.
ATTACHMENTS
A copy of the agreement is attached on pages 23 to k .
2.2.
Contract No. DPS -M -0500
Minnesota Internet Crimes Against Children Task Force
Multi- Agency Law Enforcement Joint Powers Agreement
This Multi- Agency Law Enforcement Joint Powers Agreement, and amendments and
supplements thereto, ( "Agreement ") is between the State of Minnesota, acting through its
Commissioner of Public Safety, Bureau of Criminal Apprehension ( "Grantee "), empowered to
enter into this Agreement pursuant to Minn. Stat. § 471.5 9, Subd. 10 & 12, and City of Eagan,
acting through its Eagan Police Department, located at 3830 Pilot Knob Road, Eagan, MN
55122, ( "Undersigned Law Enforcement Agency "), empowered to enter into this Agreement
pursuant to Minn. Stat. § 471.59, subd. 10,
Whereas, the above subscribed parties have joined together in a multi- agency task force intended
to investigate and prosecute crimes committed against children and the criminal exploitation of
children that is committed and /or facilitated by or through the use of computers, and to disrupt
and dismantle organizations engaging in such activity; and
Whereas, the undersigned agencies agree to utilize applicable state and federal laws to prosecute
criminal, civil, and forfeiture actions against identified violators, as appropriate; and
Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibit A)
disbursed by the Office of Juvenile Justice and Delinquency Prevention ( "OJJDP ") in
Washington, D.C. to assist law enforcement in investigating and combating the exploitation of
children which occurs through the use of computers by providing funding for equipment,
training, and expenses, including travel and overtime funding, which are incurred by law
enforcement as a result of such investigations; and
Whereas, the OJJDP Internet Crimes Against Children ( "ICAC ") has established a Working
Group of Directors representing each of the existing ICAC Task Forces to oversee the operation
of the grant and sub -grant recipients; and the State of Minnesota, acting through its
Commissioner of Public Safety, Bureau of Criminal Apprehension has designated Donald
Cheung as the Commander of the Minnesota ICAC Task Force.
Now Therefore, the parties agree as follows:
1. The Undersigned Law Enforcement Agency approves, authorizes, and enters into this
Agreement with the purpose of implementing a three- pronged approach to combat Internet
Crimes Against Children: prevention, education and enforcement; and
2. The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force
Program Standards contained in Exhibit B attached to this Agreement, in addition to
complying with applicable Minnesota state and federal laws in the performance of this
Agreement, including conducting undercover operations relative to ICAC, ; a list of Regional
ICAC Task Force, Minnesota State Affiliate Agency and Training & Technical Assistance
Page I of 4
23
Contract No. DPS -M -0500
Program contact information is contained in Exhibit C attached to this Agreement; and
3. Exhibits A and B are incorporated into this Agreement and made a part thereof. In the event
of a conflict between this Agreement and the Exhibits, the terms of the Exhibits prevail; and
4. The Undersigned Law Enforcement Agency and the Grantee agree that each party will be
responsible for its own acts and the results thereof to the extent authorized by law and shall
not be responsible for the acts of any others and the results thereof. The Grantee's liability
shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes,
Section 3.736, and other applicable law. The Undersigned Law Enforcement Agency's
liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota
Statutes, Section 466.01 - 466.15, and other applicable law; and
All members of the Undersigned Law Enforcement Agency shall continue to be employed
and directly supervised by the same Law Enforcement Agency employer which currently
employs the member performing Minnesota ICAC Task Force assignments; and all services,
duties, acts or omissions performed by the member will be within the course and duty of that
employment, and therefore, are covered by the Workers Compensation programs of that
employer; will be paid by that employer and entitled to that employer's fringe benefits; and
6. The Undersigned Law Enforcement Agency must first submit a written request for funds and
receive approval for the funds from the Grantee to receive any funds from the Grantee; and
7. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed
on pre- approved requests. Approved reimbursement will be paid directly by the Grantee to
the Undersigned Law Enforcement Agency within 30 days of the date of invoice, with
payment made out to the City of Eagan and mailed to the Eagan Police Department, 3830
Pilot Knob Road, Eagan, MN 55122.
8. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to
prevention, education, and enforcement activities, to be collected and forwarded monthly to
the Minnesota ICAC Task Force Commander or his designee for statistical reporting
purposes; and
9. The Undersigned Law Enforcement Agency shall participate fully in any audits required by
the OJJDP. In addition, under Minn. Stat. § 16C.05, subd.5, the Undersigned law
Enforcement Agency's books, records, documents, and accounting procedures and practices
relevant to this Agreement are subject to examination by the Grantee and/or the Minnesota
State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end
date of this Agreement; and
10. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be
represented at any scheduled regional meetings in order to share information and resources
amongst the multiple entities; and
Page 2 of 4
2.4
Contract No. DPS -M -0500
11. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding
information relative to investigative targets to the Child Pornography Pointer System (CPPS)
pursuant to the OJJDP guidelines; and
12. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force
Commander in a timely manner all investigative equipment that was acquired through OJJDP
grant funding; in the event that future federal funding is no longer available, the Undersigned
Law Enforcement Agency decides to dissolve its binding relationship with the Minnesota
ICAC Task Force and the State of Minnesota Department of Public Safety, or the
Undersigned Law Enforcement Agency breaches the Agreement.
13. That the Grantee may reimburse, the Undersigned Law Enforcement Agency for the
following duties:
A. Investigations by the Undersigned Law Enforcement Agency under this agreement should
be conducted in accordance with the OJJDP ICAC Task Force Program Standards
contained in Exhibit B, and concluded in a timely manner. The Undersigned Law
Enforcement Agency will only be reimbursed by the Grantee for overtime hours inclusive
of fringe benefits of actual hours and/or actual expenses incurred related to performing
Minnesota ICAC Task Force assignments and/or training approved by the Minnesota
ICAC Task Force Commander through the term of this agreement or until all Federal
funds under the OJJDP grant have been expended, whichever comes first.
B. The Grantee has a TOTAL Expense Budget of $ 320,000.00 that was approved under the
OJJDP Internet Crimes Against Children ( "ICAC ") Grant for investigative hours and
expense reimbursement. The Undersigned Law Enforcement Agency participating in the
Minnesota ICAC Task Force investigations will be reimbursed by the Grantee for actual
costs as defined in Clause 13, Section A., to the extent such actual costs have been
reviewed and approved by the Minnesota ICAC Task Force Commander.
14. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original
agreement, or their successors in office.
15. The Undersigned Law Enforcement Agency and the Grantee may terminate this Agreement at
any time, with or without cause, upon 30 days' written notice to the other party.
16. Terms of this agreement:
This Agreement shall be effective on the date the Undersigned Law Enforcement Agency
obtains all required signatures under Minn. Stat. § 16C.05, Subd. 2, and shall remain in
effective through May 31, 2012, unless terminated or canceled. Nothing in this Agreement
shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an
employee as a member of the Undersigned Law Enforcement Agency.
Page 3 of 4
25
Contract No. DPS -M -0500
1. Undersigned Law Enforcement Agency
Undersigned Law Enforcement Agency certifies that the appropriate
person(s) have executed the Agreement on behalf of the Undersigned
Law Enforcement Agency and its jurisdictional government entity as
required by applicable articles, laws, by -laws, resolutions, or ordinances.
By and Title
Undersigned Law Enforcement Agency
Title:
City of Eagan
Title:
City of Eagan
Mayor or Board Chair
City of Eagan
2. Department or Public Safety,
Bureau of Criminal Apprehension
Name:
Signed:
Title:
(With delegated authority)
3. Commissioner of Administration
By and Title
MN Department of Administration
(With delegated authority)
Page 4 of 4
Date
Date
Date
Date
Date
Date
2-to
Agenda Information Memo
June 21, 2011, Eagan City Council Meeting
CONSENT AGENDA
N. Approve a Resolution to accept two "In- squad" video cameras through a grant
from the Minnesota Office of Traffic Safety (OTS).
ACTIONS TO BE CONSIDERED:
Adopt the resolution authorizing the acceptance of two Panasonic Arbitrator squad
cameras valued at approximately $10,000 from the Minnesota Department of Public
Safety's Office of Traffic Safety. Authorizing this request will commit the City to
provide a "cash match" of $200.00.
FACTS:
• The Minnesota Department of Public Safety's Office of Traffic Safety (OTS)
offered a grant proposal to agencies in Minnesota for in -squad camera systems via
a competitive grant process.
• The purpose of the grant is to equip law enforcement vehicles with in -car cameras
for the benefit of enhancing officer safety, recording an accurate version of the
incident, providing evidentiary data for court cases, assisting in the investigation
of alleged misconduct violations, promoting positive officer behavior, and
providing supportive documentation to protect the City and its personnel from
liability.
• Previously the Mayor and Council accepted a $70,000 grant from the State to
equip 14 of the police department's 23 squad cars. This equipment has been put
into service. On May 12, 2011, the Police Department was notified the OTS has
awarded the department two additional Panasonic in -squad cameras valued at
$10,000.
• The grant administrator is requiring two signed copies of the contract and the City
provide a $100 "match" per camera. The funds would be taken from the Driving
While Intoxicated (DWI) Forfeiture Fund.
• Once the contracts have been signed, the Minnesota Sheriff Association will order
the cameras and distribute them to the awarded agencies. The City will be
responsible for the installation of the cameras.
ATTACHMENTS
Resolution on page
In Car Camera Agreement on pages 2`7 to 31
2.7
CITY OF EAGAN
RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN
State of Minnesota
WHEREAS, the City Council of the City of Eagan encourages public donations
to help defray the costs to the general public of providing services in Eagan; and
WHEREAS, the State of Minnesota through the Office of Traffic Safety has
presented the City with an award granting the police department two "in- squad" video
cameras valued at approximately $10,000.
WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of
real or personal property be accepted only with the adoption of a resolution approved by
two - thirds of the members of the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan,
Dakota County, Minnesota, that the donation is hereby accepted for use by the City;
BE IT FURTHER RESOLVED, that the City sincerely thanks the State of
Minnesota for the generous donation.
ADOPTED this 21 st day of June, 2011.
CITY OF EAGAN
CITY COUNCIL
By:
It's Mayor
Attest:
It's Clerk
Motion by:
Seconded by:
Those in Favor:
Those Against:
Date:
IN CAR CAMERA AGREEMENT
AGENCY NAME: Eagan Police Department
ADDRESS: 3830 Pilot Knob Rd.
Eagan, MN 55122
CONTACT: Lt. Roger New
E -MAIL: ?.Ntif @cityofeagan.com
PHONE: 651 - 675 -380
IN -CAR CAMERA MODEL AWARDED: Panasonic Arbitrator 360
NUMBER OF IN -CAR CAMERAS AWARDED: 2
REQUIRED LOCAL MATCH:
Number of In -Car Cameras to Order x $100 per Camera = $200
This amount is due with submission of the signed agreement
(Make check payable to the Minnesota Sheriffs' Association)
FISCAL CONTACT (If different than contact info above)
NAME:
ADDRESS:
CITY, STATE, ZIP:
PHONE:
EMAIL:
9c?
The mounting brackets for some of the cameras vary depending on the year and type of vehicle, please
list the MAKE, MODEL and YEAR and tell us how many cameras will be installed in that type of vehicle .
(i.e. Your department is being awarded 5 cameras — those cameras will go into 3 cars that are Ford
Crown Vic 2008 and 2 cars that Chevy Impala 2009)
1.
2.
3.
4.
5.
# of cars Vehicle Make & Model Year
(The # of cars column should total the number of cameras you are being granted)
Where the System will be mounted (this is specific to certain in -car camera models):
❑ Inside Vehicle
❑ Trunk
Color of Antennae (specific to the Flashback2)
❑ Black
❑ White
Any equipment purchased under this grant contract shall be used primarily for traffic safety purposes
during the life of the equipment. By accepting the award, the agency may not deviate from this
requirement and may not dispose of any equipment unless it has first obtained permission from the
State. Only equipment specified in this grant contract may be purchased.
Any law enforcement agency receiving an in -car camera through the DPS In -Car Camera Grant Program
is responsible for any operating, maintenance, and repair costs of equipment purchased under this grant
contract unless otherwise specified. Title to equipment acquired through the in -car camera grant
program shall vest upon the law enforcement agency.
The law enforcement agency must inform OTS if the agency sells, replaces, or otherwise disposes of the
in -car camera(s) and that the proceeds would have to go to OTS approved traffic safety activities,
The funds being used to purchase the cameras are federal funds, CFDA numbers 20.601, 20.609, and
20.611.
The National Highway Traffic Safety Administration requires all the cameras to be used in vehicles that
would ordinarily be used in patrolling roadways or the direct supervisors of those patrolling roadways.
3a
By signing below, I certify that the information contained in this agreement is true and correct to the
best of my knowledge, that I have the authority to enter into this agreement, and the Awardee will meet
all the terms and conditions required and set forth in this agreement.
Signature
Printed Name
Title
Date
Please return two 2 completed original agreement forms. Original signatures must be in blue or black
ink and mailed to the following address:
Minnesota Sheriffs' Association
Attn: Kathy Lardani
1951 Woodlane Drive, Suite 200
Woodbury, MN 55125
This agreement and your check is due back at the MSA office by close of business June 10, 2021.
31
Agenda Information Memo
Eagan City Council Meeting
Consent Agenda
July 20, 2010
O. APPROVE GRANT AGREEMENT FOR DEED REDEVELOPMENT
GRANT APPLICATION FOR CEDAR GROVE INFRASTRUCTURE
IMPROVEMENTS
ACTION TO BE CONSIDERED: To Approve a Grant Agreement for a Department of
Employment and Economic Development (DEED) Redevelopment Grant for infrastructure
improvements in Cedar Grove Redevelopment District.
FACTS:
➢ The Redevelopment Grant Program was established by The Minnesota Department of
Employment and Economic Development (DEED) in 1998 to help communities with the
costs of redeveloping blighted industrial, residential, or commercial sites and putting
land back into productive use. If awarded, grants pay up to half of redevelopment costs
for a qualifying site, with a 50- percent local match.
➢ Eligible uses of grant funds include land acquisition, demolition, infrastructure
improvements, soil stabilization, ponding or other environmental infrastructure and
adaptive reuse of buildings.
➢ On July 20, 2010, the City Council authorized submittal of a grant application for the
Cedar Grove Boulevard Improvement Project. The Eagan application requested
assistance with the upgrade of Cedarvale Boulevard (to be renamed Cedar Grove
Boulevard) to correspond with the conceptual layout of the core development area.
➢ On September 17, 2010, the City was notified that it had been awarded $559,986 toward
the cost of the project.
➢ The DEED Grant Agreement includes a section defining the property on which the
improvement would be installed. Since the Cedar Grove Boulevard project was
authorized and is being bid with two alignment alternates, it was decided to hold the
final approval and execution of the Grant Agreement until bids were received and one of
the alignments was selected by the City Council.
➢ On June 10, 2011, DEED staff forwarded information to grantees that in anticipation of
a possible state government shutdown, work on DEED funded projects should not
continue past June 30, 2011, pending approval of a new state budget and funding
authorizations. In discussions with DEED staff, however, the City was encouraged to
define the alignment and approve the Grant Agreement, so it can be executed by all
parties prior to July 1, 2011. Staff is requesting a selection of the alignment in the
project business item under Old Business.
ATTACHMENTS:
➢ Agreement available upon request.
32
Agenda Information Memo
June 21, 2011 City Council Meeting
P. APPOINT CITY ADMINISTRATOR AS ALTERNATE TO THE MSP NOISE
OVERSIGHT COMMITTEE (NOC)
ACTIONS TO BE CONSIDERED:
To appoint City Administrator Hedges as an Alternate to the MSP Noise Oversight Committee
(NOC).
FACTS:
• Assistant to the City Administrator Miller is the City's alternate to the MSP Noise Oversight
Committee (NOC), and typically attends NOC meetings on the City's behalf.
• Ms. Miller is unable to attend the July 20, 2011 NOC meeting, and thus City Administrator
Hedges has offered to attend the meeting as the City's alternate.
• Formal action is required of the City Council to appoint Mr. Hedges as a NOC alternate.
• Pending the Council's direction, formal notification will be provided to the MAC stating that
Mr. Hedges is a NOC alternate for the City of Eagan and is authorized to vote on the City's
behalf at the July 20 NOC meeting.
ATTACHMENTS:
• NONE
33
Agenda Information Memo
June 21, 2011, Eagan City Council Meeting
Q. APPROVE APPLICATION FOR EXEMPT PERMIT FOR MISSIONS
INC. PROGRAMS TO HOLD A RAFFLE AT THE EAGAN FUNFEST ON
JULY 4, 2011
ACTION TO BE CONSIDERED:
Adopt Resolution approving Exempt Permit for Missions Inc. Programs to conduct a
raffle at the Eagan Funfest on July 4, 2011 at Central Park, 1501 Central Parkway.
FACTS:
➢ Missions Inc. Programs 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 deems it in order for
approval.
ATTACHMENTS (1):
A copy of the proposed resolution is attached on page .3 5 . .
The application is available from the Office of the City Clerk.
aq
RESOLUTION
CITY OF EAGAN
APPLICATION FOR EXEMPT PERMIT
MISSIONS INC. PROGRAMS
WHERAS, Missions Inc. Programs has applied for an Exempt Permit to conduct a raffle
on July 4, 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 approved the Exempt Permit for Missions Inc. Programs to conduct a
raffle on July 4, 2011 at 1501 Central Parkway 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: June 21, 2011
CERTIFICATION
I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 21 sc
day of June, 2011.
City Clerk
35
Agenda Information Memo
Eagan City Council Meeting
June 21, 2011
Consent Agenda
ACTION TO BE CONSIDERED:
R. APPROVE 2011 Funding Commitment for Extending City Fiber and Authorize
Preparation and Issuance of RFPs for Construction
FACTS:
• On June 14 the Eagan City Council met in work session and reviewed the recommendations from
the Eagan Finance Committee from its June 2, 2011 meeting regarding the extension of City fiber
and duct.
• Per the recommendations of the full City Council this item was directed to the June 21" consent
agenda.
• Extending City fiber and duct to business locations of the City was a key recommendation of the
2010 report by the City's broadband consultant and on January 4, 2011, the Eagan City Council
made a policy commitment to make that extension over the next few years and to make capacity
from that fiber available for open access lease by any provider offering telecommunications
services to Eagan businesses.
• The Council's resolution additionally noted that "the placement and construction of a colocation
facility/data center and the installation and extension of City -owned fiber infrastructure are in the
public interest and necessity as critical infrastructure" and are consistent with the City Council's
goal to "Ensure the economic competitiveness of Eagan's business and residential communities in
the global marketplace by anticipating and addressing the evolving " infoatructure" bandwidth,
capacity and speed needs of Eagan's residents, businesses and employers."
Based on Finance Committee review of financial pro formas, it is contemplated that a preliminary
commitment of up to $2 million to get through the fourth year of the project will be needed, using
non -tax dollars. However, a year -one funding commitment of $1 million is being made at this
time, pending the results of RFPs to determine the precise pricing for year one objectives.
• The City Council directed to its June 21 meeting staff authorization to prepare and issue the
requests for proposals.
• The same attachments as were included in the June 14 Council packet are below.
ATTACHMENTS:
➢ Copy of June 2, 2011 Finance Committee Meeting Notes on page 317 .
➢ Copies of the Financial Summary and Build Out Assumptions on pages and
FINANCE COMMITTEE MEETING NOTES
JUNE 2, 2011
12:00 PM
CONFERENCE ROOMS 2A &B
Committee members present: Mayor Maguire and Councilmember Bakken
City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director
of Administrative Services VanOverbeke, Community Development Director Hohenstein, Chief Financial
Officer Pepper, and Communications Director Garrison.
Guests present: Andrew Cohill and Sid Boswell, consultants with Design Nine
I. BROADBAND FIBER EXTENSION PLAN AND PHASING
City Administrator Hedges introduced the item, noting the purpose of today's discussion is to
determine the parameters of the proposed phasing of City fiber extension, and the associated
costs /expected return on investment for the creation of open access fiber routes for business use.
Hedges noted that staff is also seeking a recommendation from the Committee as to whether the
Council should authorize preparation of RFPs to determine precise pricing for year -one objectives.
Communications Director Garrison introduced Consultants Andrew Cohill and Sid Boswell from
Design Nine, who reviewed a City fiber map with the committee. It was noted that a connection fee of
approximately $500 would be proposed to be paid by the provider or customer. Mr. Cohill noted that
ongoing marketing, branding, and public awareness campaigns would be necessary for the success of
the project.
The Committee reviewed the financial summary proposed for the fiber extension. City
Administrator Hedges pointed out the modest staffing within support services that would be needed
for the program, but acknowledged that the City would need to be very cautious not to overstaff the
program.
The Committee discussed an exit strategy should the fiber extension project not meet the
expectations of the City. Mr. Cohill noted that the city would be in the position to sell the fiber
network and suggested that the City would likely be able to recoup its initial investment. The
Committee also discussed future opportunities to extend fiber to different markets in the community.
Upon further discussion, the Finance Committee voiced their consensus that they are comfortable
with the proposed approach and financing of the fiber extension. The Committee recommended a
funding allocation of up to $2 million to get through the fourth year of the project. The Committee
also made a recommendation that the City Council take formal action to authorize preparation of
RFPs to determine precise pricing for year one objectives. The Committee recommended that the City
Council receive an overview on the fiber extension being proposed at the June 14 City Council
workshop, with formal action to follow at the June 21 regular City Council meeting.
31
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39
Agenda Memo
June 21, 2011 City Council Meeting
S. APPROVE Resolution to accept a Grant from Very Special Arts Minnesota for Capital
Improvements for Accessibility in the Eagan Art House Pottery Studio and Approve
any Necessary Changes to the 2011 Budget.
ACTION TO BE CONSIDERED:
Approve a resolution to accept a grant in the amount of $20,000 from Very Special Arts
Minnesota for the capital improvements for accessibility in the Eagan Art House Pottery
Studio and approve any necessary changes to the 2011 budget.
FACTS:
• Very Special Arts Minnesota provided grants for up to $20,000 for accessibility projects.
Grants are awarded with a 25% cash match.
• On May 3, 2011 the City Council took action to approve the grant application to provide
additional space in the Art House pottery studio to accommodate full wheel chair
accessibility.
• Parks and Recreation staff was notified recently that the City of Eagan had received a
grant for $20,000 for facility improvements to the Eagan Art House that address access
issues in the pottery studio.
• The grant will fund the addition of a 15' x 20' space dedicated to kiln firing and
pottery storage. This will allow full wheel chair accessibility to all areas of the
studio resulting in the space being fully accessible.
• An adapted pottery wheel will also be purchased to be used by students with
limited movement.
• The glazing area of the studio will be upgraded to accommodate those with
limited mobility, as well as make this area easier for all students to access.
■ Electrical updates for maximum kiln usage is also included in the grant.
• Should the City of Eagan accept the grant, the signed contract is due to Very Special Arts
by June 23, 2011
ATTACHMENTS:
Resolution on Page 4
WW
CITY OF EAGAN
RESOLUTION
TO ACCEPT A GRANT FROM
VERY SPECIAL ARTS MINNESOTA
WHEREAS, Eagan Parks and Recreation offers several community wide art programs
and events during the year at the Eagan Art House; and
WHEREAS, the Eagan Art House has seen a consistent growth in the pottery programs
offered but the current space has not been as conducive as it could be to participants with limited
mobility; and
WHEREAS, the City of Eagan applied for and received a $20,000 grant from the Very
Special Arts Minnesota; and
WHEREAS, the grant will allow several enhancements to the Eagan Art House Pottery
Studio in order to provide full accessibility to the programs and activities that are currently a
challenge for participants in wheel chairs or with limited mobility; and
WHEREAS, the grant requires a 25% cash match by the City of Eagan totaling $5,000;
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby
accept a grant of $20,000 from Very Special Arts Minnesota for capital improvements for
accessibility in the Eagan Art House pottery studio. The improvements include the addition of a
15' x 20' space dedicated to kiln firing and pottery storage to allow full access to this area, an
adapted pottery wheel to be used by students with limited movement, upgrades to the glazing area
to allow full access and electrical updates for maximum kiln usage.
CITY OF EAGAN
CITY COUNCIL
By:
Mayor
Attest:
City Clerk
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CERTIFICATION
I, Christina M. Scipioni, 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 21S
day of June, 2011.
City Clerk
41
Agenda Memo
June 21, 2011 Eagan City Council Meeting
V. 2010 COMPREHENSIVE ANNUAL FINANCIAL REPORT
ACTION TO BE CONSIDERED:
To receive and accept the 2010 Comprehensive Annual Financial Report (CAFR).
FACTS:
• The CAFR for the year ended December 31, 2010 has been completed and the audit
by Kern, DeWenter, Viere, Ltd. (KDV) has been performed.
• KDV has expressed an unqualified ( "clean ") opinion —the best opinion that can be
given —on the financial statements.
• A brief PowerPoint presentation reviewing the charts and tables included in KDV's
"Management Letter" will be made by Matt Mayer of KDV.
• Staff will be doing additional fiscal analysis on 10 -year trends in various areas, per
the Mayor's request. That information will be presented to the Council during the
2012 budget process.
• Mr. Mayer, Chief Financial Officer Pepper, and Director of Administrative Services
VanOverbeke will be available to answer questions.
ATTACHMENTS:
• 2010 CAFR (without page number)
• KDV's "Management Letter" (without page number)
• KDV's "Independent Auditor's Report as Required by Government Auditing
Standards, OMB Circular A -133 and Minnesota Statutes" (without page number)
y 102..
Agenda Information Memo
June 21, 2011, Eagan City Council Meeting
VI. PUBLIC HEARING
A. EASEMENT VACATION (OUTLOTS A & E STONEHAVEN 1 sT ADDITION),
FINAL PLANNED DEVELOPMENT AND FINAL PLAT ( STONEHAVEN 2
ADDITION) - LENNAR CORP.
ACTION TO BE CONSIDERED:
1. To approve the Vacation of public drainage, utility and street easements as described
within Outlots A & E, Stonehaven 1" Addition; and
2. To approve a Final Planned Development (Stonehaven 2 nd Addition) for 53 single - family
homes and 24 twinhome units, located west of Wescott Woodlands along Duckwood Drive;
and
3. To approve a Final Plat (Stonehaven 2nd Addition) for 53 single- family lots, 24 twinhome
lots, and 4 outlots, located west of Wescott Woodlands along Duckwood Drive.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present
FACTS:
➢ The Preliminary Planned Development and Preliminary Subdivision for the Stonehaven
development were approved by the City on March 16, 2010. The approval was for 263
units of single - family, twin - homes, and townhomes, and future 100 -unit multiple - family
senior building upon approximately 115 acres.
➢ Stonehaven I s' Addition received Final PD and Final Subdivision approval on June 15,
2010, for 39 single- family homes, one community lot and several outlots for future
development phases. Public easements were dedicated on the outlots of Stonehaven lst
Addition to provide for public drainage.
Easement Vacation
➢ On May 10, 2011, City staff received a petition from Lennar Corporation, developer of
the Stonehaven development, requesting the Vacation of all public drainage & utility
easements within Outlots A & E, Stonehaven 1 st Addition.
➢ The purpose of the request is to allow the recording of a Final Plat of the properties for
the proposed Stonehaven 2 Addition development as a residential development. The
Vacation of Easements will clean up the proposed plat by avoiding any underlying
recorded dedications.
➢ The Final Plat of Stonehaven 2 n will address and incorporate all necessary public
drainage and utility easements on this property.
4.3
➢ Council action on the Vacation of Easements needs to precede the Council action on the
Stonehaven 2 nd Addition Final Subdivision.
➢ Notices for the public hearing were published in the legal newspaper and sent to all
potentially affected and /or interested parties for comment prior to the scheduled public
hearing. No objections to the proposed vacation have been received.
➢ The request has been reviewed by the Engineering Division and found to be in order for
favorable Council action concurrent with approval of Stonehaven 2 nd Addition.
Final Planned Development and Final Subdivision
➢ The proposed Stonehaven 2 nd Addition is consistent with the preliminary Stonehaven
approval in March 2010.
➢ Much of the site was graded with the first phase of construction, which occupies the
western and southwestern portion of the site. The construction of Duckwood Drive
through the site to Wescott Woodlands also was completed with the first phase of
construction.
➢ Stonehaven 2 n Addition occupies the area north and south of Duckwood Drive, east of
Stonehaven 1 st Addition.
➢ Public open space and public trail established with Stonehaven 1 St Addition are continued
with Stonehaven 2 nd Addition, following the Open Space and Trail Phasing Plan
previously submitted by the developer.
➢ The open space will be owned and maintained by the Homeowners' Association. The
City will maintain the trail and land within 6' on either side of the trail. A Conservation
Easement and Trail License Agreement have been prepared by the City Attorney for the
open space and public trail.
➢ The Open Space Management Plan submitted with Stonehaven 1 st Addition also is made
part of the Stonehaven 2 nd Addition Development Agreement and the Final Planned
Development Agreement.
➢ All documents are anticipated to be in order for execution at the City Council meeting on
June 21, 2011.
ISSUES: None
ATTACHMENTS (4): I
Easement Vacation Location Map and easements to be vacated, pages 45 and 4 iP
Location Map, page ' 1 Q
Approved Preliminary Stonehaven Site Plan on pages Y V and A
Final Plat (Stonehaven 2 nd Addition), pages 5 through r'
yy
CITY OF EAGAN Fig. 1
Proposed Easemant Vacation Location Map
CitJ of 6ap Stonehav 1st Addition
45 3128,2011
MENDOTA HEIGHTS
1
1
N
EASEMENT
VACATION
LOCATION
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2a
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43
CITY OF EAGAN Fig. 1
Proposed Easemant Vacation Location Map
CitJ of 6ap Stonehav 1st Addition
45 3128,2011
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Agenda Information Memo
June 21, 2011 Eagan City Council Meeting
A. CONTRACT 11 -08, CEDAR GROVE BOULEVARD
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Consider Contract 11 -08 (Cedar Grove Boulevard
Street & Utility Improvements), provide direction to staff regarding the alternate bids and
continue action on the item to July 5, 2011.
FACTS:
• Contract 11 -08 provides for the street realignment, upgrade and utility improvements
of Cedar Grove Boulevard (formerly Sibley Memorial Highway) within the Cedar
Grove Redevelopment Area in northwest Eagan (City Project No. 1051).
• On March 1, 2011, the City Council held a public hearing for Project 1051. After
public testimony, the Council approved Phase 1 improvements of the project,
including two street alignment options and the construction of a trail along Cedar
Grove Parkway, and authorized the preparation of detailed plans and specifications.
• On April 5, 2011, the City Council authorized the preparation of preliminary plans for
parking lot improvements at 3830 Sibley Memorial Highway in the Cedar Grove
Redevelopment Area. This part of the project is intended to provide for shared and
overflow parking for Jensen's Supper Club, Cedarvale Lanes and the future
development of the property to the east, lying between those businesses and the Silver
Bell Road, Cedar Grove Boulevard intersection.
• On May 17, 2011, the Council approved the plans and authorized the advertisement
for solicitation of competitive bids for Contract 11 -08.
• In 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 June 13, technical performance
proposals from each bidder were received for this project. At 10:30 a.m. on June 16,
formal bids were received for this project. A copy of the technical score and bid
summary is enclosed. All bids have been reviewed for compliance with the bid
specifications and accuracy on unit price extensions and summations.
• Bid schedules were received for all improvements as previously directed by the City
Council:
o Phase 1 street & utility improvements (base bid or alternate bid)
o Cedar Grove Parkway trail
o Parking lot improvements
• These four bid schedules provide for eight possible combinations of contract award
for consideration by the City Council:
o Phase 1 base bid
o Phase 1 base bid + Parking lot
o Phase 1 base bid + Trail
o Phase 1 base bid + Parking lot + Trail
ss
o Phase 1 alternate bid
o Phase 1 alternate bid + Parking lot
o Phase 1 alternate bid + Trail
o Phase 1 alternate bid + Parking lot + Trail
• The Cedar Grove Master Developer, Pratt Development, and the owners of the
remaining business properties within the core redevelopment area, Jensen's Supper
Club and Cedarvale Lanes, have reviewed the road project alternatives. In order to
present the most finished street appearance possible — finished landscaping, lighting,
etc. — the owners support the shorter of the two street construction alternatives (Phase
1 alternate bid) that would install all improvements and then provide for the street to
reconnect to the current boulevard (Old Hwy 13) until a future phase of the project
can be completed. In order to maintain as much flexibility as possible for prospective
development partners on the west end of the core area, Len Pratt also supports the
shorter alternative, that would ultimately permit either a connection to the south to
Cedar Grove Parkway or an extension of the Boulevard west parallel to the current
roadway. The alternate chosen is at the discretion of the City Council. The two road
alignment alternatives were developed for bidding purposes and staff has determined
that neither alternative is technically superior to the other.
• For reasons noted below, staff is recommending that the Council consider the
alternates and provide direction to staff in their regard, but continue action on the
award of bid until July 5, 2011.
ISSUES:
• A portion of the funding for the road improvement project consists of a DEED
Redevelopment Grant in the amount of $559,986. The City's grant agreement with
DEED has been on hold pending direction regarding the street alignment to be
approved for the project, because the agreement includes a section for the property
description. If the Council provides direction on the preferred roadway alignment
alternate, the final executed agreement can be hand delivered to DEED, for the
purpose of securing state signatures prior to June 30.
• While the grant agreement can be completed prior to June 30, the City has received
notification from DEED that absent "legislatively authorized appropriations as of July
1, 2011, all work, activity and performances under our contracts must be suspended as
of that date, pending authorized appropriations." Given the timing of this item
relative to the potential state shutdown, it is staff's recommendation that the City
Council continue consideration of formal approval of the contract until July 5, 2011.
• If a state budget settlement is reached prior to the July 1, 2011, deadline, the item
would be in order for consideration. If a shut down has occurred, the Council can
make an informed decision at that time as to whether or not to proceed with the
project.
• The parking lot improvement project is dependent upon the final negotiation and
execution of an operation and easement agreement between the EDA as owner of the
parking lot property and the owners of Jensen's Supper Club and Cedarvale Lanes.
Staff, the City Attorney and the owners have reviewed a draft agreement and the
54
owners are in the process of reviewing it with their legal counsel. Their review may
or may not be completed prior to June 21.
• If the award of contract is continued for two weeks, it will provide additional time to
complete those negotiations. If the negotiations take longer than that, the owners are
open to the alternative of rejecting bids at this time and rebidding the project for 2012
construction. The owners strongly support the shared parking concept and would like
to see the project proceed. The parties understand, however, that the project should
not be initiated until access and cross parking easements are in place.
• The parking lot project is partially funded by portions of the City's 2010 and 2011
CDA RIG fund allocations. The 2011 funding would need to be expended by the end
of 2012 and CDA staff has confirmed that the City may ask for an administrative
extension of the 2010 allocation to the end of 2012 as well.
• If the project is not awarded at this time and is rebid in the winter for spring 2012
construction, it is possible that the City could apply to the RIG program for additional
funds to fully fund the parking lot improvement from that source. If the project
proceeds at this time, the difference between RIG funds and the bid amount would
need to be made up from TIF.
ATTACHMENTS:
• Location Map, page
• Technical Score/ Bid Summary, page 57 .
• Letter from DEED regarding grant projects, page � .
5.5
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Agenda Information Memo
September 14, 2010 Special City Council Meeting
B. ZONING PERMIT DISCUSSION
ACTION TO BE CONSIDERED: To Approve an Ordinance Amendment to Chapter 11,
Section 11.70, by adding Subd. 29, Zoning Permit, as a Performance Standard.
FACTS:
➢ There are a number of property improvement activities that do not require a Building
Permit or any formal review by Planning, Building and/or Engineering staff. These
include accessory structures 120 SF (or less) in size, patios and sidewalks, sport and
tennis courts, fences, retaining walls (less than four feet in height), etc.
➢ Certain improvements that have been made to properties over the years have resulted in
the need for the property owner to seek a Variance or a lot line adjustment (replat or
subdivision) due to a private improvement resulting in a non - conforming situation that
requires correction before the property can be sold or granted a Building Permit for
additional improvements.
➢ The APC first heard this item at their March 22, 2011 meeting and failed to recommend
approval because of concern the language was too broad. Staff worked with APC at a
workshop and then further with the City Attorney to create ordinance language that better
reflected the APC's understanding of the intent of this tool.
➢ The APC held a Public Hearing on May 24, 2011 and they are recommending approval.
ATTACHMENTS: (3)
May 24, 2011 Draft APC minutes on page
Staff report and draft ordinance on pages & 1 through Wo
March 22, 2011 APC minutes on pages &9 and
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June 10, 2011
To: Contractors, Vendors and Grantees
Re: Potential Temporary Suspension of State Contract Performance
We are writing because your organization has a relationship with this agency either under a current contract
with an expiration date after June 30, 2011, or a new contract that is to become effective on or after July 1,
2011.
As you may know, the Minnesota State Legislature adjourned May 23, 2011, without appropriating money to
fund the operations of state government for the fiscal year that begins July 1, 2011.
State agencies operate on a biennial budget. Funds are appropriated by the Minnesota Legislature every two
years, with each fiscal year beginning on July 1 and ending on June 30 of the following calendar year. Our
current biennial budget is due to end after June 30, 2011. In the absence of legislation specifically appropriating
funds for the continuing operations of state agencies for the next biennium, we will have no or very limited
authority to expend or release fiends to pay for goods or services after June 30, 2011. In this event, expenditures
will be limited to fund or support only critical life, health, and safety functions of state government.
Because we do not know whether the biennial budget process will conclude in time to avoid a disruption to our
operations, we must advise all contractors, vendors and grantees that in the absence of legislatively authorized
appropriations as of July 1, 2011, all work, activity and performances under our contracts must be suspended as
of that date, pending authorized appropriations, as will all payments required of this agency under those
contracts.
In the event that any contract concerns a critical state function, as described above, you will be notified by
separate letter, publication, bulletin or other appropriate means.
We will work to keep you informed of progress regarding legislative authorization of appropriations, and we
will make every reasonable effort to issue public notices promptly when budgets are approved and contract
performance may be resumed. We do suggest that you monitor state web sites, bulletins and media publications
for further information.
Sincerely,
Mark Phillips,
Commissioner
1st National Bank Building ■ 332 Minnesota Street, Suite E200 ■ Saint Paul, MN 55101 -1351 USA
www.positivelyminnesota.com
Toll Free: 800- 657 -3858 ■ Phone: 651 - 259 -7119 ■ Fax: 651 - 296 -4772 ■ TTY: 651 - 296 -3900
An $qual Opportunity Eniplvver and Service Provider
Advisory Planning Commission
May 24, 2011
Page 12 of 13
G. Ordinance Amendment - Zoning Permit
Applicant Name:City of Eagan
Application: Ordinance Amendment
An Ordinance Amendment to Chapter 11 relative to establishing a zoning permit.
File Number: 01- OR- 08 -03 -11
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated May 17, 2011. He noted the background and history.
Chair Heaney opened the public hearing.
There being no public comment, Chair Heaney closed the public he
discussion back to the Commission.
Member Piper stated support of the intent for the proposed
improvements.
City Planner Ridley explained that the intent is not to ; b
time but rather for the City to ensure regulations are fc
improvements made without all regulations being satisfi
unless a staff site visit is necessary.
Member Jansma inquired as to why the
City Planner Ridley stated the State of Mi
There was discussion on the
Paragragh B of the draft ord!
permitting.
Member Filipi moved;`Mi
Ordinance Amendment
Performance Standard.
A vote was`#aken.
Aye: Chan` Heaney and i
Nay: Piper.
Motion carried 4 -1
the
rn for the definition of fixed
ded or to add expense or
to prevent problems with
ad fees are not intended
do not include electrical.
cal permits.
d it was;gncluded to add "lighting systems" to the list in
)uage stOOIcan determine if there is a need for
rpoeseconded a motion to recommend approval of an
11, Section 11.70, by adding Subd. 29, Zoning Permit, as a
bers Filipi, Jansma, and Vanderpoel.
�J
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 17, 2011
APPLICANT: City of Eagan
PROPERTY OWNER: N/A
REQUEST: Ordinance Amendment
LOCATION: City -wide
COMPREHENSIVE PLAN: N/A
ZONING: N/A
CASE: 01- OR- 08 -03 -11
HEARING DATE: May 24, 2011
PREPARED BY: Michael J. Ridley, AICP
SUMMARY OF REQUEST
The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, Section
11.70, by adding Subd. 29, relating to the implementation of a Zoning Permit process.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivision 5 states, in part:
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.
BACKGROUND/HISTORY
There are a number of property improvement activities that do not require a Building Permit or
any formal review by Planning, Building and/or Engineering staff. These include accessory
structures 120 SF (or less) in size, patios and sidewalks, sport courts, fences, retaining walls (less
than four feet in height), etc.
The City Council and the Advisory Planning Commission reviewed information and discussed
the attributes of a Zoning Permit process at work sessions and the City Council directed staff to
work with the City Attorney's office on an amendment to implement the Zoning Permit on
March 1, 2011.
(0)
Planning Report — Ordinance Amendment
May 24, 2011
Page 2
On March 22, 2011, the Advisory Planning Commission held a Public Hearing and discussed the
proposed amendment. No one from the public spoke at the hearing; however, the commission
determined that the amendment language was not reflective of their previous discussions and that
the impact of the amendment had the potential to be too broad.
A new Public Hearing notice was published and the ordinance language has been modified to be
more in line with the expectations of the commission.
EXISTING CONDITIONS
There are a number of examples of "non- building permit" improvements being made to
properties over the years that have, when discovered, resulted in the need for the property owner
to seek a Variance, property line adjustments (replat or subdivision) or CUP's (impervious
surface) due to improvements resulting in a non - conforming situation that requires correction
before the property can be sold or granted a Building Permit for additional improvements.
EVALUATION OF REQUEST
This type of permit would be required for improvements that do not require a Building Permit.
The purpose of this type of review is to insure standard zoning requirements are adhered to, such
as setbacks and impervious surface coverage, before an investment is made.
Planning staff researched other communities to see how others manage these types of
improvements. The city of Chanhassen has a program (handout attached) that we believe would
provide Eagan staff the opportunity to educate property owners, provide information and suggest
corrective measures, if necessary, before an investment is made and the site has been altered.
Staff anticipates that the small amount of time invested at the front end will help eliminate a
substantial amount of time (and expense) required of the property owner if an improvement is
installed incorrectly and compliance or enforcement steps are required to correct it.
Although this type of program will add an additional step, it is not anticipated to add significant
time or expense to an improvement project. Also, approved Zoning Permits would be placed in
the Parcel File for the given property and be available as proof that the improvement(s) made
were reviewed and approved by City staff.
SUMMARY /CONCLUSION
Not all property improvements require a Building Permit but all property improvements are
subject to City Code regulations.
The intent of this program is to provide assistance and significant benefit to property owners at
little or no cost. By insuring that investments made on property improvements are consistent
with City Code standards, current and future owners of the property will have, or have access to,
documentation that the improvements made were in compliance with the City Code.
Planning Report — Ordinance Amendment
May 24, 2011
Page 3
This program will allow City staff an opportunity to provide education at the front end that will
help with compliance with standards that may not be known to the average property owner.
ACTION TO BE CONSIDERED
To recommend approval of an Ordinance Amendment to Chapter 11, Section 11.70, by adding
Subd. 29, Zoning Permit, as a Performance Standard.
(03
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY
ADDING SECTION 11.70, SUBD. 29, REGARDING ZONING PERMIT REQUIREMENTS;
AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION
11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code, Chapter 11, is hereby amended by adding Section 11.70,
Subdivision 29, to read as follows:
Subd. 29. Zoning permit.
A. Purpose. The purpose for a zoning permit as provided herein, is to assist property
owners who choose to make exterior improvements to their property by ensuring the
improvements meet City Code requirements; prior to the installation of the
improvements and to protect property owners from unnecessary costs of removing or
relocating improvements that` are . erected or installed not in compliance with City
Code, as well as to protect adjacent properties that may be adversely affected by
improvements not in compliance with City Code requirements.
B. Zoning Permit; Required. Prior to constructing, installing or erecting any building,
structure, or other fixed, . upon any property within the City, a zoning
permit from the City shall be obtained by the property owner. A zoning permit shall
not be required for any „building, structure or improvement for which a building,
plumbing, or mechanical permit under the Minnesota State Building Code is required
or which otherwise occurs within the interior of the principal building on the
property.
This Subdivision shall apply to buildings, structures, or other fixed improvements,
including, but not limited to, the following: sport court; patio; sidewalks; driveway
replacement or expansion; play structures; piers or docks.
C. Zoning Permit Application and Action. A zoning permit application on a form
provided by the City shall be submitted to the Eagan Planning Division. The
application shall include a site plan depicting the property's boundary lines, the
proposed location of the proposed building, structure, or other improvement, accurate
measurements of the proposed building, structure, or other improvement, and the
accurate distance in feet from all property lines to the nearest points of the footprint
of the proposed building, structure, or other improvement at its proposed location. A
zoning permit application shall be denied if the proposed building, structure, or other
0
improvement fails to meet all requirements of this Chapter or other applicable
provisions of the City Code.
D. Zoning Permit Inspection Fee. If the zoning permit application requires a field
inspection(s) by City staff to ensure compliance with the City Code, the applicant
shall pay the established inspection fee prior to the City granting the zoning permit.
An inspection fee shall be set by City Council Resolution.
Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation "'`and. Section 11.99, 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:
Date of Advisory Planning Commission Hearing:
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Permit No.
ZONING PERMIT
Owner:
Address:
Review for:
Retaining Wall ( <4 feet)
Explain:
Date Received
Patio Sidewalk Deck Other
Planning
Setbacks, hard surface coverage, wetlands, shoreline, tree /vegetative preservation, bluff zone /setbacks.
Approved: Y / N Date: By:
Required corrections:
Revised survey /plans approved: Y / N Date: By:
Engineering
Elevation, grading/drainage /utility easements, erosion control.
Approved: Y / N Date: By:
Required corrections:
Revised survey /plans approved: Y / N Date:
Comments:
g:lplanVormAzoning permil.doc
Contact Person:
Phone:
M.
s •
Advisory Planning Commission
March 22, 2011
Page 8 of 10
F. Ordinance Amendment - Zoning Permit
Applicant Name:City of Eagan
Application: Ordinance Amendment
An Ordinance Amendment to Chapter 11 relative to establishing a zoning permit
File Number: 01- OR- 08 -03 -11
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated March 15, 2011. He noted the background and history.
Member Piper stated the benefit was understood avoiding problems on the back end but
questioned the scope as the language appears extraordinarily broad, in that any improvement
needs a permit. He questioned if the word "improvement" is defined in the code. Examples of
his concerns include, paver stones in gardens and basketball hoops. He would prefer an
approach where the permit would be required only in the top two or three circumstances that
have been problematic. He stated that perhaps the City could accomplish as much with
outreach and education to the public, inviting residents to discuss their projects with City staff
and ensure they are in compliance with City codes, but without an ordinance requiring a permit.
He added that the intent is good, but he is not sure this is the right way to implement it.
Member Filipi concurred with comments from Member Piper. He said his specific concerns
include swing sets and raised gardens as this may be overreaching.
Member Dugan also shared similar comments and concerns. He stated this would be overly
intrusive on the citizens for all small things, and cause more enforcement concerns for City staff.
Member Jansma concurred with the other members. His expectation was that the zoning permit
would be tied to anything requiring footings, or for hard surfaces on the property, such as
fences, a new driveway or patio.
Vice Chair Heaney questioned the inspection process, and whether it would occur before or
after the improvement is made on the site.
City Planner Ridley provided examples of raised gardens and basketball hoops where the result
was problematic. He also mentioned retaining walls in easements can adversely affect
drainage so should be reviewed before installation. He explained the zoning permit review
process would be relatively quick. He said the ordinance is broad but intentionally so. He
stated that if the improvement is minor, the review would also be minor. He explained the
benefit to the homeowner by having the zoning permit document in the file. The site visit would
occur only if questions arose during review and in most cases a follow up site visit would not be
needed.
Member Dugan questioned the zoning inspection fee and violation resulting in a misdemeanor.
City Planner Ridley explained that the fee would be a part of the fee schedule, and a fee would
be charged only if a site visit is required. The fee schedule is adopted in January and the fee
would be considered with the 2012 schedule.
Vice Chair Heaney opened the public hearing.
109
Advisory Planning Commission
March 22, 2011
Page 9 of 10
There being no public comment, Vice Chair Heaney closed the public hearing and turned the
discussion back to the Commission.
Member Filipi commented that he will vote against the action item, not that he is against the
idea but he is not comfortable with the broad language in the draft ordinance, as presented.
Member Piper moved, Member Filipi seconded a motion to recommend approval of an
Ordinance Amendment to Chapter 11, Section 11.70, by adding Subd. 29, relating to the
implementation of a Zoning Permit process.
Member Dugan stated he would be voting against the item as well but added that he believed
the Commission had did -not provided clear direction to staff.
All voted opposed to motion. Motion failed 0 -5.
70
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
JUNE 21, 2011
A. CALL TO ORDER
B. ADOPT AGENDA
C. CONSENT AGENDA
1. APPROVE EDA Minutes
D. OLD BUSINESS
1. CEDAR GROVE UPDATE — Pratt Development and Cassidy Turley
E. NEW BUSINESS
F. OTHER BUSINESS
G. ADJOURN
7i
Agenda Information Memo
Eagan Economic Development Authority Meeting
June 21, 2011
NOTICE OF CONCURRENT ACTIONS
The Council acting as the Board of Commissioners of the Economic
Development Authority ( "EDA ") may discuss and act on the agenda items
for the EDA in conjunction with its actions as a Council.
A. CALL TO ORDER
ACTION TO BE CONSIDERED To convene a meeting of the Economic
Development Authority to run concurrent with the City Council meeting.
B. ADOPT AGENDA
ACTION TO BE CONSIDERED To adopt the Agenda as presented or modified.
C. CONSENT AGENDA
ACTION TO BE CONSIDERED To approve the Consent Agenda as presented or
modified.
1. APPROVAL OF MINUTE — The minutes of the March 15, 2011 EDA meeting are
enclosed on pages •
Iz.
MINUTES OF A MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
March 15, 2011
A meeting of the Eagan Economic Development Authority was held on Tuesday,
March 15, 2011 at the Eagan Municipal Center. Present were President
Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Hansen
and Commissioner Tilley. Also present were Executive Director Hedges,
Community Development Director Hohenstein and City Attrifiy Dougherty.
ADOPT AGENDA
Commissioner Bakken moved, Commissioner Field;
approve the agenda as presented. Aye: 5 W. 0
CONSENT AGENDA
Commissioner Fields moved, Commissioner Tilley:;;
approve the Consent Agenda as presented. Ave: 5
ded,,a.;motion to
nded a motion to
r. 0
It was recommended to approve the minutes of theFebruary 15, 2011
EDA meeting as presented.
OLD BUSINESS
CEDAR GROVE.REDEVELOPMENT DISTRICT
SETTLEMENT AGI'tE'5ME T�OOR THE ACQUISITION OF
:. 'COMPETITION ENGINES PROPERTY
Com"m'ufiity Development Direct 'Hohenstein discussed a settlement agreement
for the acquisition of the Competition Engines property at 3925 Cedarview Drive.
Commissioner Fields moved, Commissioner Tilley seconded a motion to approve
the Settlement Agreement between the Eagan Economic Development Authority
and Randy and Sanely Quam relative to the EDA's acquisition of the property at
3925 Cedarview Drive in the Cedar Grove Redevelopment District and authorize
the EDA President and staff to execute the documents. Aye: 5 Nay: 0
CEDAR GROVE REDEVELOPMENT
PRELIMINARY REDEVELOPMENT AGREEMENT
Community Development Director Hohenstein discussed an amended and
restated preliminary redevelopment agreement for the Cedar Grove
Redevelopment Area due to a shift within the master developer team, Doran
73
Pratt (the withdrawal of Mr. Doran) and the addition of a broker team from
Cassidy Turley. Len Pratt and Jim McCaffrey gave a presentation regarding their
plans for attracting business and development prospects to the redevelopment
district.
Commissioner Hansen moved, Commissioner Fields seconded a motion to
approve the Amended and Restated Preliminary Redevelopment Agreement
between the Eagan Economic Development Authority and Pratt Development
LLC and authorize the EDA President and staff to execute the documents.
Aye: 5 Nay:0
NEW BUSINESS
There were no New Business items.
ORGAN IZATIONAL.BUSINESS
ELECTION OF OFFICERS
Commissioner Bakken moved, Co►rssioner Fields` seconded a motion to elect
Mayor Maguire as President; Commissioer Hansen as Vl President;
Commissioner Tilley as Treasurer; and appoint;t Administrator Tom Hedges
as Executive Director and Comm unity Deyotopme #plrector Jon Hohenstein as
Secretary / Deputy Execd- "Director. 'Rye: 5 Nay ! 0
OTHER BUSINESS
There were no Other Business items.
ADJOURNMENT
Comm issioner, rn ed, Commissioner Hansen seconded a motion to
adjourn the meeting at 710 p.m.. Aye: 5 Nay: 0
Date Thomas Hedges, Executive Director
-14
Agenda Information Memo
Eagan Economic Development Authority Meeting
Old Business
June 21, 2011
1. CEDAR GROVE REDEVELOPMENT UPDATE BY
DEVELOPMENT TEAM
ACTION TO BE CONSIDERED: To receive an update on marketing and related
activity regarding the Cedar Grove Redevelopment Project from Len Pratt on behalf of
Pratt Development and Jim McCaffrey of Cassidy Turley.
FACTS:
• On March 15, 2011, the EDA approved a Revised Redevelopment Agreement
with Pratt Development to continue to serve as the Master Developer for the
Cedar Grove Redevelopment District core area. As part of that agreement, it was
anticipated that Mr. Pratt would engage the services of Cassidy Turley to serve as
a marketing partner for the project.
• It was also anticipated that the development and marketing team would provide
periodic updates to the EDA to maintain communication and feedback on a
regular basis. Since the March meeting, Mr. Pratt and Mr. McCaffrey have been
active in preparing marketing materials and pursuing additional development
partners and prospects. It would be timely for them to provide an update in that
regard and receive feedback and respond to questions from the EDA.
ATTACHMENTS:
Development and Marketing Team memo on pages through 77
75
Marketing Summary —June 15, 2011
Custom marketing materials for the Village at Cedar Grove were prepared during April and early May in cooperation with the
EDA, Pratt Development, and RLK. These include revised and updated concept plans designed to present to developers and
users. The Offering Memorandum was finalized May 2 nd and all new signs were installed on site in very early May. Our initial
contact with all targeted prospects began in mid -April and included both telephone outreach and face to face meetings.
The offering of this site and its story of redevelopment has been placed in the hands of several different groups. The segments
of the market that we have focused on begin with developers of all product types. These include senior housing, retail, and office
developers, as well as market -rate multifamily developers. Hard -copy mailings and HTML email campaigns to these databases
have been successful in generating follow -up discussions, and meetings are well underway with over 21 meetings concluded to
date with various prospects. Direct contacts have been made with numerous retail users and commercial developers to sample
and weigh interest in new development from many different aspects. Big Box retail users have been approached with mixed
interest to date.
Mailing and HTML emails to date include:
• MNCAR (Minnesota Commercial Association of Real Estate) - html blast to 748 brokers in Minnesota
• LoopNet- National Real Estate Exchange with an average of 2.3 million unique visitors monthly
• Co -Star- National exposure to nearly 88,000 subscribers
• Cassidy Turley - National exposure to our 940 brokers in 60 offices in 23 major markets
• Cassidy Turley - Custom Cedar Grove website provides information at a prospect's fingertips- launched June 3`
• MarketVolt HTML Email — Information sent to 309 area developers from our proprietary database
• MarketVolt HTML Email — Information sent to 206 retailers focused on grocery, banks, sporting goods, grocery, theater
groups, electronics, hotels operator a, child care and learning centers.
• MarketVolt HTML Email — Information sent to Business Joumal Book of Lists top 25 colleges and health care providers
The development world is still in a recovery mode and the good news is that developers are once again willing and able to
consider new opportunities. What remains is a large degree of caution based on careful evaluation of location, consumer
demand, demographics, debt and concern about resilience of a recovering economy to drive new development.
The areas where we have seen the greatest interest to date are from potential senior housing developers. We are engaged in
pro forma analysis with a highly qualified party at this time. Assisted Care operators and developers are being approached by
both Pratt and Cassidy Turley to solicit interest in Cedar Grove. Market rate apartments have been more challenging due to
strained economic feasibility to justify new construction. Rents, in many developers' opinions, are not strong enough yet in most
suburban areas to drive new construction.
Hospitality has been an area where more interest has emerged and that is good news. Meetings and discussions are underway
with operators interested in more information and discussion as to how they can implement their models on this site. We are
encouraged by this level of interest.
cassidyturley.com
Ito
The office sector, as one might expect, is still in recovery mode and minimal interest has been encountered so far. With
significant vacancy remaining in suburban markets, we will not likely see anyone leaping at the opportunity for office
development at this time unless it is specifically user driven.
We are optimistic as we have begun this effort and the systematic follow -up with all prospects is underway in earnest. Numerous
meetings have been accrued to date and that pursuit will continue over time.
cassidyturley.com
Agenda Information Memo
Eagan Economic Development Authority Meeting
June 21, 2011
F. OTHER BUSINESS
There is no other business to come before the EDA at this time.
G. ADJOURNMENT
ACTION TO BE CONSIDERED To adjourn the Economic Development
Authority meeting.