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02/05/2013 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 5, 2013 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. RECOGNIZE City Administrator Tom Hedges' 36 Years of Service to 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) T A. APPROVE MINUTES ,D,9 B. PERSONNEL ITEMS 31 C. APPROVE Check Registers 3a D. APPROVE Change Order No. 6, Contract 09 -18 Duckwood Overpass 33 E. APPROVE Final Payment, Contract 09 -18 Duckwood Overpass 3y F. PRESENT Feasibility Report for Project 1096, Willbrook Addition - Street Improvements and Schedule Public Hearing (March 5, 2013) G. PRESENT Feasibility Report for Project 1101, Hidden Valley Addition (Michelle Drive) - Street Improvements and Schedule Public Hearing (March 5, 2013) 30 H. PRESENT Feasibility Report for Project 1105, Oaks of Bridgewater 15t Addition - Street Improvements and Schedule Public Hearing (March 5, 2013) 31 I. PRESENT Feasibility Report for Project 1111, Great Oaks Addition - Street Improvements and Schedule Public Hearing (March 5, 2013) 39 J. PRESENT Feasibility Report for Project 1115, Wescott Gardens/ Woodlands North 2nd Addition- 3� Street Improvements and Schedule Public Hearing (March 5, 2013) K. APPROVE Plans & Specifications, Contract 13 -03, Citywide Street Improvements and Authorize y� Advertisement for Bids March 14, 2013 L. RECEIVE Petition to Vacate Public Easements located on Lots 1, 2 and 3, Block 1; Lots 1 and 2, Block 3; and Outlot D, all in Stonehaven 4t" Addition, and Schedule Public Hearing for March 5, 2013 M. APPROVE Final Payment, Contract 12 -12, Cedar Grove Redevelopment Area Phase II — gg Grading Improvements N. REQUEST Advance from Municipal State Aid Road Program 4(0 O. APPROVE Community Roadside Landscaping Partnership Agreement with MnDOT LAI P. APPROVE Inflow /Infiltration Grant Program with Metropolitan Council l� Q. APPROVE Contract 13 -08, High Pressure Zone In -House Booster Pump Removal 5O R. APPROVE Contract 13 -09, Utilities Building Administration Improvements 5a S. APPROVE Temporary Liquor License for Trinity School at River Ridge's Spring Benefit Dinner on April 13, 2013 _ _ SS T. SET Public Hearing date for March 5, 2013 to certify delinquent false alarm bills 56 U. SET Public Hearing date for March 5, 2013 to certify delinquent mowing and noxious weed bills 51 V. SET Public Hearing date for March 5, 2013 to certify delinquent utility bills 59 W. DIRECT preparation of an ordinance amendment to City Code Chapters 2, 5 and 6 relative 459 to criminal background investigations for perspective employees and business licensing X. ACCEPT the resignation of Matthew Steele from the Advisory Parks Commission (p I Y. ACCEPT the resignation of Andy Jansma from the Advisory Planning Commission (oa Z. ADOPT a Resolution to accept a $7,500 donation from Think Mutual Bank for the 2013 Market II'' (O`f Fest Entertainment Series AA. APPROVE the designation of portions of park property as State of Minnesota General Obligation Bond Financed Property as defined in a Grant Agreement for Tree Removal and Replanting or Planting for Diversity BB. APPROVE a Resolution to accept an anonymous contribution for a planning process in collaboration with community arts stakeholders 98 CC. DIRECT preparation of an ordinance amendment to City Code Chapter 13, Section 13.20, relative to Water Quality Management q9 DD. APPROVE Temporary Liquor License for the Eagan Foundation's 12'" Annual Wine Tasting and Silent Auction event on April 18, 2013 at the Eagan Community Center EE. DIRECT preparation of an ordinance amendment to City Code Chapter 10.40 relative to standards for fires or barbeques on balconies or patios V. PUBLIC HEARINGS VI. OLD BUSINESS tl� A. ORDINANCE AMENDMENT — An Ordinance Amendment to City Code Chapter 7.07 relative to special event permits VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT —Lexington Pet Clinic —A planned Development Amendment to allow a pet clinic in a shopping center located at 1095 Diffley Road VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE 10 A. APPROVE Comments on the Draft Record of Decision (ROD) /Findings of No Significant Impact (FONSI) and Final Environmental Assessment (EA) for the Minneapolis -St. Paul International Airport 2020 Capital Improvement Plan IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER lad B. ADOPT AGENDA 1t7 y C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Extension of Preliminary Redevelopment Agreement with Pratt Development for the Cedar Grove Redevelopment District B. OLD BUSINESS C. NEW BUSINESS 1. APPROVE Selection of Walker Parking for Design Services for the Cedar Grove Parking Ramp and Authorize Negotiation of Agreement D. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development Xl. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 4b� City of Eagan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 1, 2013 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 5, 2013 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 5, 2013 City - Council agenda, the following items are in order for consideration. Agenda Information Memo February 5, 2013 City Council Meeting RECOGNITIONS AND PRESENTATIONS A. RECOGNIZE CITY ADMINISTRATOR TOM HEDGES' 36 YEARS OF SERVICE TO THE CITY OF EAGAN ACTION TO BE CONSIDERED: No action is required. This agenda item is to recognize Tom Hedges for his 36 years of service to the City of Eagan and 41 years in the profession of local government management. FACTS: • Eagan City Administrator Tom Hedges is retiring after 36 years of service to the City of Eagan. • Tom has worked with every Mayor and City Councilmember the City has ever had. • He is currently the longest tenured employee in the City and has been a part of the hiring of every employee now working in the City of Eagan. • Recognized across the state and country for his work, Tom was the first -ever recipient of the Minnesota City and County Manager's Association's Manager of the Year Award. He also was recognized by the International City /County Manager's Association with the prestigious L.P. Cookingham Award for his efforts to mentor local government students and young professionals. • Tom often speaks about how proud he is to have had the opportunity to mentor over 3 5 interns in his career, many of whom have gone on to become City Managers and Department Directors across the country. • Tom will be recognized at a community celebration on Thursday, February 7, from 4:30 -8:30 p.m. at the Eagan Community Center. • As part of that event, Tom will be presented a plaque in appreciation for his service to the City. • Tom and his wife, Debbie, have lived in Eagan throughout Tom's tenure in Eagan, along with their three children: Brandon, Abby, and Aaron. ATTACHMENTS: • None ti Agenda Information Memo February 5, 2013 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the January 2 and January 15, 2013 Regular City Council meetings, and January 8, 17 and 18 Special City Council meetings as presented or modified. ATTACHMENTS: • Minutes of January 2, 2013 Regular City Council meeting are enclosed on pages _through 1 H . • Minutes of January 15, 2013 Regular City Council meeting are enclosed on pages 1S through aq _. • Minutes of January 8, 2013 Special City Council meeting are enclosed on pages a and 0(.P . • Minutes of January 17, 2013 Special City Council meeting are enclosed on page�1 . • Minutes of January 18, 2013 Special City Council meeting are enclosed on page . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 2, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Teresa Eisele and several neighbors addressed the Council regarding a petition to approve plowing of the sidewalk on the south side of Diffley Road between Daniel Drive and Trenton Road, including the intersection of Braddock Trail. The Council discussed the request noting the concerns of the neighborhood. Mayor Maguire noted all petitions for snow plowing are reviewed and considered in April and presented at the workshop meeting in May for a decision. It was the consensus of the Council that this petition should be reviewed at the May Council workshop. A regular meeting of the Eagan City Council was held on Wednesday, January 2, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. Also present were City Administrator Tom Hedges, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Assistant City Engineer Nelson, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay :0 RECOGNITIONS AND PRESENTATION The Oath of Office was administered to Councilmember Cyndee Fields and Meg Tilley who were re- elected to four year terms. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken. seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of December 11, 2012. B. Personnel items 1. It was recommended to approve the hiring of Patrol Officers Bryan Johnson and Daniel Spiess. 2. It was recommended to accept the resignation of Calvin Tschida, Patrol Officer, effective January 4, 2013, and authorize his replacement. 3. It was recommended to approve a one -time 2012 stipend for the full time Lead Custodian /Maintenance Worker at City Hall. 4. It was recommended to approve the reclassification of the IT Network Administrator. 5. It was recommended to approve the hiring of seasonal employees in Parks & Recreation and Utilities. C. It was recommended to approve Check Registers dated December 14 & 21, 2012. City Council Meeting Minutes January 2, 2013 2 page D. It was recommended to approve change of manager for Granite City's On -Sale Liquor License and Off -Sale Brewpub License. E. It was recommended to direct preparation of an ordinance amendment to Chapter 7 relative to Special Event Permits. F. It was recommended to approve an agreement with Suburban Officials Association to provide officiating services for Eagan Parks and Recreation adult basketball leagues. G. It was recommended to approve an agreement with Metro Volleyball Officials Association to provide officiating services for Eagan Parks & Recreation adult volleyball leagues. H. It was recommended to approve an agreement with Diamond Officials of Eagan Umpires Association to provide officiating services for Eagan Parks & Recreation adult softball. leagues. I. It was recommended to authorize application of grant from the Minnesota Department of Agriculture for a Value Added Grant to provide enhancements to the Central Park Festival Grounds as part of Market Fest. J. It was recommended to authorize application of a grant from Blue Cross & Blue Shield of Minnesota for a Streets Alive (Open Streets) community event. K. Item removed L. Item removed M. Item removed N. It was recommended to approve the Final Payment for Contract 12 -11, 2012 Citywide Trail Improvements. 0. It was recommended to approve an Agreement to Use Residential Electrical Service (for Lake Aeration). P. It was recommended to approve the 2013 -2017 Equipment & Vehicles Capital Improvement Plan and the 2013 budget. Q. It was recommended to approve the 2013 -2017 General Facilities Renewal & Replacement Capital Improvement Plan and 2013 budget. R. It was recommended to approve On -Sale Liquor License for iBizPro, LLC, DBA as Persis Indian Grill, 1282A Town Centre Drive. PUBLIC HEARINGS PROJECT 1112, WENZEL FIRST ADDITION / DEERWOOD PONDS STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1112 provided for street improvements on Wenzel First Addition /Deerwood Ponds. Public Works Director Matthys introduced Assistant City Engineer Nelson, who gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1112 (Wenzel First Addition /Deerwood Ponds — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 11 City Council Meeting Minutes January 2, 2013 3 page PROJECT 1098, WEXFORD /WEXFORD 2ND STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1098 provided for street improvements on Wexford /Wexford 2nd. Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1098 (Wexford /Wexford 2nd— Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1104, OAK RIDGE FAMILY HOUSING (CLEMSON DRIVE) STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1104 provided for street improvements at Oak Ridge Family Housing (Clemson Drive). Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 1104 (Oak Ridge Family Housing /Clemson Drive —Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1107, PARK CENTER DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1107 provided for street improvements on Park Center Drive. Assistant City Engineer Nelson gave a staff report on the project and noted a petition for restricted parking was received from residents in the immediate area. Council discussed the request for restricted parking. The Council directed staff to review parking restrictions and provide more information /clarification at a future meeting. Mayor Maguire opened the public hearing. There being no public comment, .he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1107 (Park Center Drive — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 I City Council Meeting Minutes January 2, 2013 4 page PROJECT 1113, NORVIN OAKS STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1113 provides for the street improvements on Norvin Oaks. Assistant City Engineer Nelson gave a staff report on the project Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1113, (Novin Oaks - Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye:5 Nay:0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT — INLAND TRS PROPERTY MANAGEMENT, INC. (LOTS 4 & 5, DIFFLEY MARKETPLACE 2ND ADDITION) City Administrator Hedges introduced the item noting the Advisory Planning Commission held a Public Hearing on December 20, 2012 and is recommending approval. City Planner Ridley gave a staff report and additional history on the project. Rick Pusner with Inland TRS Property gave an overview of the request and was available for questions. The Council discussed the item. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. After further discussion, it was the consensus of the Council to add conditions to the Preliminary Planned Development and the Final Planned Development relative to: • Allowing on -sale liquor, subject to the City approving a liquor license, for the future restaurant on Lot 4 irrespective of whether a daycare center locates on Lot 5. • The applicant shall prepare and implement a plan for screening of headlights for benefit of 977 Trillium Court, to the satisfaction of City staff. The implementation of said plan shall be completed before June 1, 2013. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve an Amendment to the Preliminary Planned Development to allow a full- service restaurant with outdoor dining upon Lot 4, Block 1, and a multi- tenant retail building upon Lot 5, Block 1, Diffley Marketplace 2nd Addition, subject to the following conditions as amended: Aye: 5 Nay: 0 1. A Final Planned Development Agreement shall be executed for each lot. The following plans are necessary for the Final Planned Development Agreement: 1. Final Site Plan 2. Final Building Elevations 0 City Council Meeting Minutes January 2, 2013 5 page 3. Final Site Lighting Plan 4. Final Landscaping Plan 5. Final Signage Plan 2. Final Planned Development approval for each building. Each Final Planned Development application will require a Site Plan Review by the City Council. 3. Uses permitted within the NB zoning district shall be permitted within the retail building upon Lot 5. Any daycare use shall be subject to Planned Development Amendment. 4. Development of Lots 4 and 5 shall be subject to the minimum setback requirements in the NB zoning district, except that any proposed buildings shall be set back a minimum of 50 feet from the south property line, and parking may be set back 15 feet from Diffley Road. 5. The trash enclosures shall meet the 30 -foot setback from the south property line. 6. Consideration should be given to possible relocation of the patio at the time of Final Planned Development. 7. Outdoor patio dining shall not exceed 24 total seats and shall be subject to building permit, SAC determination and Site Plan approval by City staff. 8. The developer shall provide evidence of existing cross - easements for ingress /egress and parking in a form acceptable to the City Attorney. 9. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards, guidelines and policies. 10. The development should utilize fixtures to match the existing site lighting. The Final Site Lighting Plan for Lots 4 and 5 should be revised to provide better consistency in illumination with an average to minimum footcandle ratio within the parking lots of closer to 4. 11. One monument sign shall be permitted for each building, in accordance with City Code requirements. 12. The Landscape Plan shall be revised for the PD Agreement to include the detail planting specifications, and to fully screen the transformer units. 13. A financial guaranty for landscaping shall be provided in accordance with City Code requirements. 14. Rooftop mechanical equipment shall be screened in accordance with City Code standards. 15. The architecture and exterior finish materials for this building should match the other two buildings. 16. Awnings on the retail buildings on Lot 5 shall be a canvas or Sunbrella material and shall not be illuminated and shall contain no signage. 17. Hours of operation for commercial businesses shall be restricted to between 6:00 a.m. and 12:00 a.m. (midnight). 18. Construction operations shall cease at 9:00 pm. 19. Parks and trails dedications shall be fulfilled through cash dedication, payable at the time of building permit issuance at the rates then in effect. 20. An overall green space calculation shall be provided for the entire Diffley Marketplace development. 21. Subject to the approval by the City of the granting of a liquor license, the City agrees to permit a restaurant on Lot 4 with on -sale liquor whether a daycare center locates on Lot 5 prior to or after issuance of a liquor license for Lot 4. 22. The applicant shall prepare and implement a plan for screening of headlights for benefit of 977 Trillium Court, to the satisfaction of City staff. The implementation of said plan shall be completed before June 1, 2013. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Planned Development for a multi- tenant retail building upon Lot 5, Block 1, Diffley Marketplace 2nd Addition, subject to the following conditions as amended: Aye: 5 Nay: 0 `_0 City Council Meeting Minutes January 2, 2013 6 page 1. A Final Planned Development Agreement shall be executed for each lot. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 2. Final Planned Development approval for each building. Each Final Planned Development application will require a Site Plan Review by the City Council. 3. Uses permitted within the NB zoning district shall be permitted within the retail building upon Lot 5. 4. Development of Lots 4 and 5 shall be subject to the minimum setback requirements in the NB zoning district, except that any proposed buildings shall be set back a minimum of 50 feet from the south property line, and parking may be set back. 15 feet from Diffley Road. 5. The trash enclosures shall meet the 30 -foot setback from the south property line. Trash storage for Lot 5 shall be redesigned such that the enclosure is attached to the principal building. 6. Consideration should be given to possible relocation of the patio at the time of Final Planned Development. 7. Outdoor patio dining shall not exceed 24 total seats and shall be subject to building permit, SAC determination and Site Plan approval by City staff. 8. The developer shall provide evidence of existing cross - easements for ingress /egress and parking in a form acceptable to the City Attorney. 9. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards, guidelines and policies. 10. The development should utilize fixtures to match the existing site lighting. The Final Site Lighting Plan for Lots 4 and 5 should be revised to provide better consistency in illumination with an average to minimum footcandle ratio within the parking lots of closer to 4. 11. One monument sign shall be permitted for each building, in accordance with City Code requirements. 12. The Landscape Plan shall be revised for the PD Agreement to include the detail planting specifications, and to fully screen the transformer units. 13. A financial guaranty for landscaping shall be provided in accordance with City Code requirements. 14. Rooftop mechanical equipment shall be screened in accordance with City Code standards. 15. The architecture and exterior finish materials for this building should match the other two buildings. 16. Awnings on the retail buildings on Lot 5 shall be a canvas or Sunbrella material and shall not be illuminated and shall contain no signage. 17. Hours of operation for commercial businesses shall be restricted to between 6:00 a.m. and 12;00 a.m. (midnight). 18. Construction operations shall cease at 9:00 pm. 19. Parks and trails dedications shall be fulfilled through cash dedication, payable at the time of building permit issuance at the rates then in effect. City Council Meeting Minutes January 2, 2013 7 page 20. Subject to the approval by the City of the granting of a liquor license, the City agrees to permit a restaurant on Lot 4 with on -sale liquor whether a daycare center locates on Lot 5 prior to or after issuance of a liquor license for Lot 4. 21. The applicant shall prepare and implement a plan for screening of headlights for benefit of 977 Trillium Court, to the satisfaction of City staff. The implementation of said plan shall be completed before June 1, 2013. PLANNED DEVELOPMENT AMENDMENT— PREFERRED EAGAN, LLC City Administrator Hedges introduced the item noting the application for a Planned Development Amendment for Walgreens located at 2010 Cliff Road was before the Advisory Planning Commission on December 20, 2012 and they are recommending approval. City Planner Ridley gave a staff report and additional history on the project. Julie Perrus, attorney on behalf of Preferred Eagan, gave a brief overview of the request and was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to expand the allowable uses for a 12,544 square foot commercial retail building (Walgreen's) located at 2010 Cliff Road, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. 2. This Amendment to the Planned Development provides for additional uses and future re -use of the property as follows: • Permitted uses shall include uses listed as permitted uses within the NB or CSC zoning district, subject to compliance with typical City Code standards for parking, signage, licensing, etc. • A Planned Development Amendment shall be required for the following: a. Any uses listed as conditional uses in the NB or CSC zoning district (such as any drive - through facility; daycare; on -sale liquor; carwashes, motor fuel sales, convenience stores, motor vehicle repair, animal clinics, nursing /retirements homes, coffee kiosks, etc. ). b. Reuse of the drive -thru window for anything other than a pharmacy. c. Any site modifications or physical changes to the site or building. 3. This Amendment is intended to supplement and amend any existing Planned Development Agreements. All other provisions of the existing Agreements shall remain in effect. PLANNED DEVELOPMENT AMENDMENT — GOOD TIMES PARK, INC. City Administrator Hedges introduced the item noting the Advisory Planning Commission held a Public Hearing on December 20, 2012 and is recommending approval. City Planner Ridley gave a staff report and additional history on the project. la City Council Meeting Minutes January 2, 2013 8 page Bonnie O'Meara, applicant and owner was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow an indoor commercial recreation use for a portion of the building located at 3265 Northwood Circle, subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Site Plan • Parking Plan • Floor Plan 2. The recreation use shall only occupy the area designated on the Site Plan received December 6, 2012, which equates to approximately 53% of the entire building. 3. A Sign Permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 4. All other terms of the Planned Development Agreement dated June 5, 2012 and recorded on July 17, 2012 as document number 2880904 shall remain. 5. The cul -de -sac shall be posted no parking. 6. Additional landscaping shall be installed along the north side of the storage area to provide additional screening from the adjacent property per the conditions of the April 3, 2012 Rezoning and Final Planned Development approval. 7. The widening of the concrete entrance apron of Northwood Circle and the service driveway curb, and associated catch basin structure relocations, shall be completed in accordance with City engineering standards prior to any increase in outdoor storage. 8. A City permit to work in the right -of -way shall be obtained for the proposed work in Northwood Circle prior to any increase in outdoor storage. A City grading permit is required if the parking lot and service drive modifications exceed 10,000 square feet in construction disturbance. CONDITIONAL USE PERMIT— KWIK TRIP City Administrator Hedges introduced the item noting the Advisory Planning Commission held a Public Hearing on December 20, 2012 and is recommending approval. City Planner Ridley gave a staff report and additional history on the project. Brian Novy representing Kwik Trip gave an overview of the request and was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outside storage of tanks for Compressed Natural Gas (CNG) and Diesel Exhaust Fluid (DEF) for property at 3145 Dodd Road, subject to the following conditions: Aye: 5 Nay: 0 13 City Council Meeting Minutes January 2, 2013 9 page 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The applicant shall revise the Site Plan to add two additional gates on each end of the fenced area to allow Fire access from all angles. 3. The two tanks for compressed natural gas and diesel exhaust fluid shall be of the size and located as shown on the Site Plan received December 6, 2012 (as revised). 4. The landscaping shall be installed by June 1, 2013 per the Site Plan (as revised). 5. The fence surrounding the tanks shall terminate at grade with no opening between the bottom of the fence and the ground /gravel. 6. All signage shall meet City Code requirements. 7. The applicant shall obtain a Building Permit for the proposed improvements. ADMINISTRATIVE AGENDA DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys requested clarification regarding the Council direction to have staff review streets within the City that are adjacent to mixed land uses such as commercial / industrial, and residential and determine the types of scenarios and the options for restricting parking. Mayor Maguire suggested that staff look at the classification of roads in areas with commercial versus residential uses and determine whether or not those classifications are appropriate (i.e. parking would be based on the more restrictive land use). There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:15 p.m. Aye:5 Nay:0 Date Mayor Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 15, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. At 6:10 p.m., the City Council held a closed session to review and discuss labor negotiations. The closed session concluded at 6 :28 p.m. A regular meeting of the Eagan City Council was held on Tuesday, January 15, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Hansen, and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Assistant City Engineer Nelson, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION Police Chief McDonald recognized Officer Robert Wegner for his 24 years of service to the City of Eagan. CONSENT AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the December 18, 2012. B. Personnel Items 1. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve Check Registers dated January 4 and 10, 2013. D. It was recommended to declare used fire department pagers surplus and authorize their sale. E. It was recommended to approve issuance of revenue bonds by the MVTA to finance expansion of the Eagan Bus Garage. F. Item removed G. Item removed H. It was recommended to present the Feasibility Report for Project 1059, Eagan Woods Office Park - Street Improvements and schedule Public Hearing (February 19, 2013). I. It was recommended to present the Feasibility Report for Project 1099, Ted Wachter Addition (Civic Center Drive) — Street Improvements and schedule Public Hearing (February 19, 2013). J. It was recommended to present the Feasibility Report for Project 1106, Blackhawk Glen/ Blackhawk Ridge- Street Improvements and schedule Public Hearing (February 19, 2013). v5 City Council Meeting Minutes January 15, 2013 2 page K. It was recommended to present the Feasibility Report for Project 1109, Ridgehaven Acres/ Rustic Hills Dr/ Skyline - Street Improvements and schedule Public Hearing (February 19, 2013). L. It was recommended to present the Feasibility Report for Project 1116, Duckwood Crossings (Crestridge Drive) - Street Improvements and schedule Public Hearing (February 19, 2013). M. It was recommended to approve Plans & Specifications, Contract 13 -02, Citywide Street Improvements and Authorize Advertisement for Bids February 28, 2013, N. It was recommended to approve the Agreement with MNDOT for TH 55/ TH 149 Improvements. 0. It was recommended to approve a Resolution to accept a donation from Genisys Credit Union in the amount of $6,250 for several 2013 Parks & Recreation programs and events. P. It was recommended to approve a 2013 promotion at the Eagan Community Center and Cascade Bay for military families Q. It was recommended to authorize Conveyance of Land in the Cedar Grove Redevelopment District by the City of Eagan to the Eagan Economic Development Authority. R. It was recommended extension - Spectrum Business Park Conditional Use Permit and Variances. S. It was recommended extension — Paragon Eagan, LLC, Preliminary Planned Development Agreement. T. It was recommended to schedule a Special City Council meeting on January 17, 2013 and January 18, 2013 for the purpose of conducting City Administrator interviews. PUBLIC HEARINGS VACATE — PUBLIC DRAINAGE & UTILITY EASEMENT, LOT 3, BLOCK 1, OAKS OF BRIDGEWATER 3MADDITION City Administrator Hedges introduced the item noting on November 13, 2012, City staff received a petition requesting the vacation of a portion of an existing drainage and utility easement on Lot 3, Block 1 Oaks of Bridgewater 3rd Addition. The purpose of the request is for a foundation footing at 3860 Bridgewater Drive to accommodate additional load needs due to the size of a wall of the single - family structure. Public Works Director Matthys gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the vacation of a portion of the public drainage and utility easement located on Lot 3, Block 1 Bridgewater 3rd Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 PROJECT 1029, SOUTH OAKS ADDITION STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1029 provided for street improvements on South Oaks Addition. Assistant City Engineer Nelson gave a staff report on the project. G(_0 City Council Meeting Minutes January 15, 2013 3 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1029 (South Oaks Addition — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye:4 Nay:0 PROJECT 1065, LEXINGTON WAY - STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1065 provided for street improvements on Lexington Way. Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1065 (Lexington Way— Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1102, WESTON HILLS ADDITION - STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1102 provided for street improvements on Weston Hills Addition. Assistant City Engineer Nelson gave a staff report. Councilmember Fields recused herself, noting she owns a property proposed to be assessed. Mayor Maguire opened the public hearing. Kevin Burke, 4681 Stratford addressed the Council and asked when the one -time payment of the final assessment would be due. Mayor Maguire answered the question. Ben Kruenegel, 4692 Weston Hills Drive addressed the Council noting he is supportive of the project and appreciated the presentation by Assistant City Engineer Nelson. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1102 (Weston Hills Addition — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 3 Nay: 0 PROJECT 1103, LEXINGTON POINTE EIGHTH —TENTH ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1103 provides for the street improvements on Lexington Pointe Eighth —Tenth Additions. Assistant City Engineer Nelson gave a staff report on the project Mayor Maguire opened the public hearing. 1Y] City Council Meeting Minutes January 15, 2013 4 page A resident addressed the Council to find out how much the assessment would be and when the payments are due. Assistant City Engineer Nelson responded to the questions. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1103, (Lexington Pointe Eighth -Tenth Additions - Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1110, WILDERNESS RUN SECOND & FOURTH STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1110 provides for the street improvements on Wilderness Run Second & Fourth. Assistant City Engineer Nelson gave a staff report on the project Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve Project 1110, (Wilderness Run Second & Fourth - Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1117, MANOR LAKE /LAKEVIEW TRAIL STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1117 provides for the street improvements on Manor Lake /Lakeview.Trail. Assistant City Engineer Nelson gave a staff report on the project Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1117, (Manor Lake /Lakeview Trail - Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 4 Nay: 0 VARIANCE —TOLL BROTHERS, INC. City Administrator Hedges introduced the item noting Toll Brothers, Inc. is requesting a 5 -foot Variance to the required 50 -foot front yard setback to allow construction of a single- family home at 1431 Wellington Way. Assistant City Engineer Nelson gave a staff report on the project. The applicant was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes January 15, 2013 5 page Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a 5' Variance to the required 50' minimum structure setback from a public right -of -way for property located at 1431 Wellington Way, subject to the following condition: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. CITY ORGANIZATIONAL BUSINESS City Administrator Hedges noted that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: ACTING MAYOR Mayor Maguire moved, Councilmember Hansen seconded a motion to appoint Councilmember Tilley as Acting Mayor. Aye: 4 Nay: 0 OFFICIAL LEGAL NEWSPAPER Motion was made by Councilmember Fields, seconded by Councilmember Hansen to approve retention of the Sun Thisweek Newspaper as the City of Eagan's official legal newspaper. Aye: 4 Nay: 0 The Council directed staff to discontinue publishing City Council agendas in the legal newspaper, and continue posting the agendas on the City's website and at City Hall. CITY COUNCIL MEETING SCHEDULE Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the 2013 meeting scheduled as amended noting the alternate dates. Aye: 4 Nay: 0 2013 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS (Including January 2014 meetings) JANUARY 21 Wednesday MAY 21 OCTOBER 1 JANUARY 15 JUNE 4 OCTOBER 15 FEBRUARY 5 JUNE 18 NOVEMBER 4 3 Monday FEBRUARY 19 JULY 2 NOVEMBER 19 MARCH 5 JULY 16 DECEMBER 3 MARCH 19 AUGUST 5 2 Monday DECEMBER 17 X City Council Meeting Minutes January 15, 2013 6 page APRIL 2 AUGUST 20 JANUARY 7, 2014 APRIL 16 SEPTEMBER 3 JANUARY 21, 2014 MAY 7 SEPTEMBER 17 1Wednesday, January 2 due to New Year's Day 2Monday, August 5 due to National Night Out 3Monday, November 4 due to School District Elections There will be a Listening Session at 6:00 p.m. before each regular City Council meeting. 2013 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS (Including January 2014 Meeting) JANUARY 8 MAY 14 SEPTEMBER 10 JANUARY 29 (tentative) MAY 28 (tentative) SEPTEMBER 24 (tentative) FEBRUARY 12 JUNE 11 OCTOBER 8 FEBRUARY 26 (tentative) JUNE 25 (tentative) OCTOBER 22 (tentative) MARCH 12 JULY 9 NOVEMBER 12 MARCH 26 (tentative) JULY 23 (tentative) NOVEMBER 26 (tentative) APRIL 9 AUGUST 13 DECEMBER 10 (No tentative meeting the week of Christmas) APRIL 23 (tentative) AUGUST 27 (tentative) JANUARY 14, 2014 JANUARY 28, 2014 (tentative) CITY COUNCIL MEETING PROCEDURES Councilmember Hansen moved, Councilmember Fields seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all regular City Council meetings, and approve the guidelines for public participation in City Council meetings. Aye:4 Nay:O Councilmember Tilley moved, Councilmember Fields seconded a motion to formally ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. Aye: 4 Nay: 0 City Council Meeting Minutes January 15, 2013 7 page STANDING COMMITTEE APPOINTMENTS / REPRESENTATIVE APPOINTMENTS Councilmember Fields moved Councilmember Hansen seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as amended. Aye: 4 Nay: 0 Standing Committees: Finance Committee - Mayor Maguire and Councilmember Bakken Public Works Committee - Councilmember Fields and Councilmember Bakken Personnel Committee - Mayor Maguire and Councilmember Fields Communications Committee - Councilmember Tilley and Councilmember Hansen Advisory Commission Liaisons: Advisory Parks and Recreation Commission - Councilmember Tilley Advisory Planning Commission - Councilmember Hansen Airport Relations Committee — Councilmember Fields Energy and Environment Advisory Commission- Councilmember Bakken Intergovernmental Committee Appointments: Minnesota Valley Transit Authority Board — Councilmember Hansen Municipal Legislative Commission Board — Mayor Maguire "Cedar Group ": Cedar Avenue (TH 77) Corridor Transportation Policy Advisory Committee (PAC) — Councilmember Hansen "Cedar Group ": Cedar Avenue (TH 77) Corridor Transportation Technical Advisory Committee (TAC) — Director of Community Development Hohenstein (Director of Public Works Matthys and City Planner Ridley as alternates) Monthly Mayor /Manager Breakfasts - Mayor Maguire DCC 2013 -2014 Board - Councilmember Hansen (Councilmember Fields as alternate) DCC 2013 -2014 Executive Board — City Administrator (Assistant City Administrator Miller as alternate) MSP Noise Oversight Committee — Councilmember Fields (Assistant City Administrator Miller as alternate) Eagan Convention and Visitors Bureau — Mayor Maguire Robert Street Corridor Steering Committee - Councilmember Tilley (City Administrator as alternate) Robert Street Corridor Technical Advisory Committee (TAC) — Director of Public Works Matthys (Director of Community Development Hohenstein as alternate) Caponi Art Park Board — Parks and Recreation Director Seydell- Johnson Highway 77 Managed Lane /Cedar Grove Transit Access Policy Advisory Committee (PAC) — Mayor Maguire (City Administrator as alternate) Highway 77 Managed Lane /Cedar Grove Transit Access Staff Advisory Committee (SAC) — Director of Community Development Hohenstein (Director of Public Works Matthys as alternate) Highway 77 Managed Lane /Cedar Grove Transit Access Technical Advisory Committee (TAC) — Director of Public Works Matthys (Director of Community Development Hohenstein as alternate) City Council Meeting Minutes January 15, 2013 8 page Other (No appointment by City Council — information only): Testimony at Legislature - all as needed Metro Cities Delegate — Mayor Maguire will attend annual meetings Breakfast with Mayor/ Chamber of Commerce - Mayor Maguire LMC Board of Directors - Mayor Maguire LMC & Metro Cities Policy Advisory Committees — various Councilmembers have served Intergovernmental Municipal Committee — Mayor Maguire (plus one additional Councilmember as appropriate per discussion) Fire Relief Association Board of Trustees — Mayor Maguire, Fire Chief Scott and Director of Finance Pepper NEW BUSINESS APPROVE A JOINT POWERS AGREEMENT BETWEEN THE CITY OF EAGAN AND DAKOTA COUNTY PERTAINING TO THE PURCHASE OF THE FINAL PORTION OF THE CAPONI ART PARK City Administrator Hedges introduced Item A. Approve a Joint Powers Agreement between the City of Eagan and Dakota County pertaining to the purchase of the final portion of the Caponi Art Park, Item B. Approve a Purchase Agreement between the City of Eagan and the Caponi Art Park Board to purchase the final portion of the Caponi Art Park, and Item C. Approve the Operating & Maintenance Agreement, Conservation Easement, Natural Resource Manage Plan and CAP Strategic Plan pertaining to Caponi Art Park, noting all three items are related to the Caponi Art Park and three different actions are sought from the Council. Director of Parks and Recreation Seydell- Johnson introduced the Caponi Art Park Board members in attendance and gave a staff report with additional history on the agreements. Craig Harris, Chair of the Caponi Art Park Board, addressed the Council thanking them for working with the Caponi Art Park to find a solution to preserving the park. Mayor Maguire asked if anyone in the audience would like to comment on the agreements. There being no public comment, he turned discussion back to the Council. The Council thanked Tony and Cheryl Caponi and the Art Park Board for their work on the Art Park and making it a true asset to the City of Eagan. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Joint Powers Agreement between the City of Eagan and Dakota County to secure ownership and land protection for the final portion of the Caponi Art Park operated by Caponi Art Park. Aye: 4 Nay: 0 ad City Council Meeting Minutes January 15, 2013 9 page APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF EAGAN AND THE CAPONI ART PARK BOARD TO PURCHASE THE FINAL PORTION OF THE CAPONI ART PARK Mayor Maguire asked if anyone in the audience would like to comment on the agreement. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve purchase agreement between the City of Eagan and the Caponi Art Park to secure ownership and land protection for the final portion of the Caponi Art Park operated by Caponi Art Park. Aye: 4 Nay: 0 APPROVE THE OPERATING & MAINTENANCE AGREEMENT, CONSERVATION EASEMENT, NATURAL RESOURCE MANAGEMENT PLAN AND CAP STRATEGIC PLAN PERTAINING TO CAPONI ART PARK Mayor Maguire asked if anyone in the audience would like to comment on the agreement. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the Operating & Maintenance Agreement, Conservation Easement, Natural Resource Management Plan and CAP Strategic Plan pertaining to Caponi Art Park. Aye: 4 Nay: 0 The Council took a 10 minute break. CONSIDERATION OF ADDITIONAL SUSPENSION / REVOCATION — GRANITE CITY RESTAURANT OPERATIONS, INC. DBA GRANIT CITY FOOD & BREWERY ON -SALE LIQUOR LICENSE BASED UPON ITS FOURTH ALCOHOL SALES VIOLATION WITHN 36 MONTHS City Administrator Hedges introduced the item noting Granite City Food & Brewery, located at 3330 Pilot Knob Road, has had four alcohol sales violations in the past 36 months. In addition to the 30- day suspension Granite City is currently serving, City Code requires any licensee found to have four or more violations within a 36 -month period to appear before the Council for consideration of additional days of license suspension or license revocation. The Council discussed the suspension and expressed their concerns regarding alcohol being sold to minors. Representatives of Granite City explained the changes in corporate training along with required staff training /certification to ensure this does not happen again. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to impose no additional penalties upon the licensee. Aye: 4 Nay: 0 c�3 City Council Meeting Minutes January 15, 2013 10 page ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Councilmember Hansen noted he was honored yesterday to be elected Chair of the Suburban Transit Association. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:52 p.m. Aye: 4 Nay: 0 Date Mayor Clerk aIA V MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JANUARY 8, 2013 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. City Staff present: City Administrator Hedges, Assistant City Administrator Miller, Director of Communications Garrison, Director of Public Works Matthys, and Director of Community Development Hohenstein. I. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye:4 Nay :0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. JOINT MEETING WITH EAGAN'S LEGISLATIVE DELEGATION Mayor Maguire welcomed State Representatives Atkins, Halverson and Masin, and State Senator Carlson. It was noted that Senator Metzen was unable to attend this evening. City Administrator Hedges stated that it is an annual tradition of the City Council to invite Eagan's legislative delegation to the first meeting of the year to dialogue with the Council regarding legislative issues anticipated during the upcoming session. City Administrator Hedges summarized the 2013 legislative priorities of the City. The City Council and delegation discussed priorities and areas of focus for 2013. Mayor Maguire thanked the legislative delegation for attending the meeting and thanked them for their service to the community. IV. PILOT KNOB CORRIDOR STUDY City Administrator Hedges introduced the item noting on June 5, 2012 the City Council approved the 5- year Public Works Capital Improvement Program (CIP) for the period of 2013 -2017. The CIP included street improvements on and adjacent to Pilot Knob Road (County State Aid Highway No.31) between Yankee Doodle Road and Central Parkway /Northwood Parkway. Public Works Director Matthys gave a staff report and additional history on the study. Special City Council Minutes January 8, 2013 Page 2 Kristi Sebastian, Traffic Engineer for Dakota County gave a summary of the project. Chris Chromy with Bolton & Menk, Inc., gave a presentation on the study details. The Council discussed the corridor study noting the concern regarding the study's recommendation of the removal of the Wells Fargo driveway on Pilot Knob Road and the related impact for Wells Fargo and the other adjacent property owners. Representatives for Wells Fargo, Goodman Group and Extended Stay addressed the Council regarding their concerns about the proposal to eliminate the current access from Pilot Knob Road. Ms. Sebastian responded to their concerns. After further discussion, it was the consensus of the Council that it is premature to recommend a corridor plan and there is need for further study to maintain the right -in and right -out at Wells Fargo driveway on Pilot Knob Road. It was suggested the study be put on hold until a development proposal is submitted by CSM and then relook at all the options, being flexible with access to the existing businesses. There was no other business. V. OTHER BUSINESS VI. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 8:50 p.m. Aye:4 Nay:O Date Mayor Clerk ') (P MINUTES SPECIAL CITY COUNCIL MEETING JANUARY 17, 2013 10:00 A.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Hedges, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, Director of Community Development Hohenstein, Director of Public Works Matthys, Director of Parks and Recreation Seydell Johnson, Police Chief McDonald, Fire Chief Scott, and Human Resource Manager Peterson. INTERVIEW CITY ADMINISTRATOR CANDIDATES Consultant Richard Fursman with Brimeyer Fursman, LLC., met with the four City Administrator candidates at City Hall. The candidates took a tour of the City and facilities with staff. Staff and candidates met for lunch at Granite City. The candidates then proceeded to interviews with members of the City Council. A Community Reception was held at 5:30 p.m. at the Eagan Community Center, at which the four candidates and the City Council interacted with members of the public. The City Council, four candidates, and Mr. Fursman had dinner at 6:45 p.m. The evening concluded at 8:45 p.m. Date Mayor Clerk aq MINUTES SPECIAL CITY COUNCIL MEETING JANUARY 18, 2013 8:00 A.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Hedges, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, Director of Community Development Hohenstein, Director of Public Works Matthys, Director of Parks and Recreation Seydell Johnson, Police Chief McDonald, Fire Chief Scott, and Human Resource Manager Peterson. Community Panel consisted of: Ruthe Batulia, Scott Swenson, Dan Sjolseth, Pastor Jim Borgschatz, Pat Aanderson, Margo Danner, Karen Dare, Duey Bendt, Dee Richards, Tom Walrath, and Cheryl Stevenson. INTERVIEW CITY ADMINISTRATOR CANDIDATES Consultant Richard Fursman with Brimeyer Fursman, LLC., met with the candidates at City Hall to begin the second day of interviews which were with the City Council, Senior Management Team, and the Community Panel. The three interview panels gathered for lunch in the Eagan Room at 12:15 p.m. At 1 :45 p.m. the Council debriefed with the Senior Management Team and Community Panel group. The City Council deliberated about whom shall be selected as the City's next City Administrator. The City Council directed that the City Administrator position be offered to Dave Osberg for formal consideration at the February 5, 2013 City Council meeting. The Personnel Committee was given direction to work out details of an employment contract. The evening concluded at 6:00 p.m. Date Mayor Clerk ADJOURNMENT A I Agenda Information Memo February 5, 2013 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of David Osberg as City Administrator and approve the employment agreement between Mr. Osberg and the City of Eagan. FACTS: • City Administrator Employment Agreement is enclosed without page number. Item 2. ACTION TO BE CONSIDERED: Approve the City of Eagan 2013 Pay Equity Report. FACTS: • Pay Equity Report is available in the Human Resource Manager's office. Compliance results are pending from the Minnesota Management and Budget Office. Item 3. ACTION TO BE CONSIDERED: Approve on -call custodial stipend for the two Lead Custodians at the Eagan Community Center and the Eagan Municipal Campus. The stipend amount would be equivalent to 40% of the top hourly pay of the non union compensation plan. This equates to $9.58 per day to serve in a stand -by status. • The stand by status and subsequent stipend would typically be designated by the Superintendent of Facilities during times when the Government Buildings Supervisor is unavailable or during other occasions as identified by the Director of Parks & Recreation or Superintendent of Facilities to address building maintenance- related issues. 11 Item 4. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Handahl, Samuel Civic Arena Building Attendant Mensink, Courtney Civic Arena Building Attendant Mostek, Dianne Parks & Rec Fitness Instructor Community Deehr, Christopher Center PT Manager on Duty Dobberstein, Heidi Parks & Rec Winter Recreation Leader Edwards, Robert Parks & Rec Winter Recreation Leader INFORMATIVES: Parks & Recreation Central Services Aide named: Jessica Currier i City Council approved hiring for this position on December 18, 2012. 20 Agenda Information Memo February 5, 2013 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 17 and 24, 2013 as presented. ATTACHMENTS: Check registers dated January 17, 2013 are enclosed without page number. Check registers dated January 24, 2013 are enclosed without page number. Agenda Information Memo February 5, 2013 Eagan City Council Meeting D. CONTRACT 09 -18, DUCKWOOD DRIVE OVERPASS BRIDGE & STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 6 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 I -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 No. 6 provides for the following items: o Provide additional compensation for the suspension of work within the I -35E right - of -way related to the state government shutdown. Minnesota Department of Transportation (MnDOT) Cooperative Agreement No. 97693 between MnDOT and the City of Eagan provided the right for the City and Lunda Construction Company to work within the right -of -way of I -35E. Said agreement was revoked after June 30, 2011, due to the state government shutdown, and all rights associated with said agreement were revoked accordingly. Contract work within the right -of -way of I -35E was consequently suspended. The state government shutdown ended on July 20, 2011. City staff have followed guidance from the Claims Engineer for the MnDOT Office of Construction in accordance with the contract specifications to address the Contractor's claims for additional compensation related to the suspension of work within the I -35E right -of -way. It is appropriate for compensation in the amount of $53,735.21 to be added to the contract to address costs incurred by the contractor and sub - contractors during the state shutdown. A previous change order (No. 4) addressed an adjustment to the contract time (ADD $53,735.21). o Modifications to the existing concrete island at the beginning of the entrance ramp were omitted as part of the improvements to the right -turn lane for the northbound I -35E ramp from Pilot Knob Road. The additional work entails concrete repair work requested by MnDOT on the splitter island /pedestrian refuge (ADD $5,060.67). • The change order provides for a total ADD of $58,795.88 (1.30% of original contract). The cost of the additional work will be the responsibility of the City's Major Street Fund. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo February 5, 2013 Eagan City Council Meeting E. CONTRACT 09 -18, DUCKWOOD DRIVE OVERPASS BRIDGE & STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 09 -18 (Duckwood Drive Overpass — Bridge & Street Improvements) in the amount of $154,539.10 to Lunda Construction, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 09 -18 provided for the extension of Duckwood Drive, connecting Federal Drive with Pilot Knob Road, over I -35E as a new grade separated crossing. The improvements also included reconfiguration of the existing intersection of Pilot Knob Road and Duckwood Drive, including the traffic signal, modification to the right -turn lane for the northbound I -35E ramp east of Pilot Knob Road, and bituminous trails on both sides of Duckwood Drive. • 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. ?3 Agenda Information Memo February 5, 2013 Eagan City Council Meeting F. PROJECT 1096, WILLBROOK ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1096 ( Willbrook Addition — Street Improvements) and schedule a public hearing to be held on March 5, 2013. FACTS: • On June 5, 2012, the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the streets within the Wilbrook Addition neighborhood in central Eagan. • A structural mill and overlay of this street is programmed for 2013 in the City of Eagan's 5 -Year CIP (2013- 2017). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for March 5, 2013. ATTACHMENTS: • Draft Feasibility Report, without page numbers. N Agenda Information Memo February 5, 2013 Eagan City Council Meeting G. PROJECT 1101, HIDDEN VALLEY STREET IMPROVEMENTS (FORMERLY NAMED HIDDEN VALLEY ADDTION - MICHELLE DRIVE) ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1101 (Hidden Valley Addition (Michelle Drive) — Street Improvements) and schedule a public hearing to be held on March 5, 2013. FACTS: • On June 5, 2012, the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Michelle Drive within the Hidden Valley Addition neighborhood in central Eagan. • A structural mill and overlay of this street is programmed for 2013 in the City of Eagan's 5 -Year CIP (2013- 2017). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for March 5, 2013. ATTACHMENTS: • Draft Feasibility Report, without page numbers. �15 Agenda Information Memo February 5, 2013 Eagan City Council Meeting H. PROJECT 1105, OAKS OF BRIDGEWATER 1sT -3RD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1105 (Oaks of Bridgewater 1't-3 d _ Street Improvements) and schedule a public hearing to be held on March 5, 2013. FACTS: • On June 5, 2012, the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the streets within the Oaks of Bridgewater neighborhood in east - central Eagan. • A structural mill and overlay of this street is programmed for 2013 in the City of Eagan's 5 -Year CIP (2013- 2017). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for March 5, 2013. ATTACHMENTS: • Draft Feasibility Report, without page numbers. U Agenda Information Memo February 5, 2013 Eagan City Council Meeting I. PROJECT 1111, GREAT OAKS ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1111 (Great Oaks Addition — Street Improvements) and schedule a public hearing to be held on March 5, 2013. FACTS: • On June 5, 2012, the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the streets within the Great Oaks neighborhood in north- central Eagan. • A structural mill and overlay of this street is programmed for 2013 in the City of Eagan's 5 -Year CIP (2013- 2017). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for March 5, 2013. ATTACHMENTS: • Draft Feasibility Report, without page numbers. 31 Agenda Information Memo February 5, 2013 Eagan City Council Meeting J. PROJECT 1115, WESCOTT HILLS, THE WOODLANDS NORTH & TRAILS END STREET IMPROVEMENTS (FORMERLY NAMED WESCOTT GARDENS/ WOODLANDS NORTH 2ND ADDITION) ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1115 (Wescott Gardens /Woodlands North 2nd Addition — Street Improvements) and schedule a public hearing to be held on March 5, 2013. FACTS: • On June 5, 2012, the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the streets within the Wescott Gardens /Woodlands North 2nd Addition neighborhood in north- central Eagan. • A structural mill and overlay of this street is programmed for 2013 in the City of Eagan's 5 -Year CIP (2013- 2017). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for March 5, 2013. ATTACHMENTS: • Draft Feasibility Report, without page numbers. y Agenda Information Memo February 5, 2013 Eagan City Council Meeting K. CONTRACT 13 -03 CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 13 -03 (Citywide Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 14, 2013. FACTS: • Contract 13 -03 provides for the street improvements as outlined and discussed in the respective feasibility reports for each of the following projects: • South Oaks — Project 1029 • Lexington Way — Project 1065 • Wexford/ Wexford 2nd — Project 1098 • Weston Hills/ Weston Hills 2nd — Project 1102 • Lexington Pointe Eighth - Tenth - Project 1103 • Oak Ridge Family Housing (Clemson Drive) — Project 1104 • Park Center Drive — Project 1107 • Wilderness Run Second & Fourth — Project 1110 • Wenzel First Addition — Deerwood Ponds — Project 1112 • Norvin Oaks — Project 1113 • Manor Lake/ Lakeview Trail — Project 1117 • On January 2, 2013, the City Council held public hearings for Projects 1065, 1098, 1104, 1107, 1112, 1113. On January 15, 2013, the City Council held public hearings for Projects 1029, 1102, 1103, 1110, 1117. The Council approved the projects, and authorized the preparation of detailed plans and specifications for the 2013 construction season. • These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed and are being presented to the City Council for their approval and authorization for the advertisement of bids. • Minnesota state law allows local agencies to choose a procurement system, termed Best Value Contracting (BVC), as an alternative to the standard low -bid contracting system. The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and performance. • BVC uses the relationship between performance and price to achieve the best overall value and lowest long -term cost for government construction projects. • On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting method for the procurement system of public improvement projects for the City. • The BVC method of procurement has been successfully used for numerous previous street and utility improvement contracts since 2008. • The BVC method of procurement will be used for this contract, and will be advertised in the solicitation of these bids. All bids will be evaluated in an open and competitive manner. M Agenda Information Memo February 5, 2013 Eagan City Council Meeting L. LOTS 1, 2 and 3, BLOCK 1; LOTS 1 and 2, Block 3 STONEHAVEN 4TH ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate drainage and utility easements located on Lots 1, 2 and 3, Block 1; Lots 1 and 2, Block 3; and Outlot D, all in Stonehaven 4t1i Addition and schedule a public hearing to be held on March 5, 2013. FACTS: • On January 15, 2013, City staff received a petition from Carole Toohey, US Home Corporation, requesting the vacation of an existing drainage and utility easement. • The purpose of the easement vacation request is to avoid future conflicts with underlying easements after the recording of the proposed plat, Stonehaven 5th Addition. • All necessary public easements on these properties will be dedicated as part of the proposed Stonehaven 5th Addition final plat, also scheduled for Council consideration on March 5, 2013. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page �t I • Location Map, page 4,A . L40 City of Eagan 1/29/2013 AREA TO BE VACATED L`k MENDOTA HEIGHTS N F• i EASEMENT _ VACATION A � LOCATION JJI za YANKEE _ DOODLE ROAD 28 r.. -. t- DUCKWOOD DRIVE _w rr' z w z ' O - C] I— OQO D. O � O f 1 _ 30 30 43 CITY OF EAGAN Fig. 1 Proposed Easemant Vacation Location Map Nyof6ap Stonehaven 4th Addition 01 -15 -2013 Agenda Information Memo February 5, 2013 Eagan City Council Meeting M. CONTRACT 12 -12, CEDAR GROVE BOULEVARD PHASE II GRADING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 12 -12 (Cedar Grove Boulevard — Phase II Grading Improvements) in the amount of $18,384.69 to Enebak Construction Co. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 12 -12 provided for the grading of the street and right -of -way of Cedar Grove Boulevard in preparation for the public street and utility improvements. • On October 16, 2012, the Council awarded Contract 12 -12 to Enebak Construction Co. in the low bid amount of $415,845.33. • 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. Agenda Information Memo February 5, 2013 Eagan City Council Meeting N. REQUEST ADVANCE FROM MUNICIPAL STATE AID ROAD PROGRAM ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $4.0 million from the Municipal State Aid (MSA) Construction account. FACTS: • The Municipal State Aid (MSA) program distributes a portion of the state gas taxes collected to all Minnesota cities over 5,000 in population and is based on a formula of proportionate population and construction needs. The City of Eagan's apportionment for 2013 is approximately $2.63 million. These funds are required to be used on the City's designated State Aid roadway system. Only 20% of the city's local street mileage is eligible for this designation and related funding (approximately 47.4 miles are currently designated). • Because the City of Eagan, with its Pavement Management Program, has been very progressive in its construction program on State Aid eligible streets, approximately $9.7 million more than the cumulative annual allocations have been currently spent. This amount remains eligible for future State Aid reimbursement when funds become available. • The MSA program allows for cities to advance funds in excess of their annual apportionment at no interest when additional funding is available. The funding is available on a first come, first serve basis. • This resolution requests the Commissioner of Transportation to advance the City of Eagan a total of approximately $4.0 million from future State Aid Construction Account payments. This maximum request amount will be repaid from future annual apportionments but provides the City with the use of these interest free funds at the present time. ATTACHMENTS: • State Aid Advance Resolution, page 0 RESOLUTION NO TO ADVANCE FUNDING FROM THE MUNICIPAL STATE AID STREET CONSTRUCTION FUND WHEREAS, the City of Eagan has implemented Municipal State Aid Street Projects which have required State Aid fiends in excess of those available in its State Aid Construction Account, and WHEREAS, said City constructed said projects through the use of Local Municipal Funds to supplement the available funds in their State Aid Construction Account, and WHEREAS, said City needs to reimburse the expended Local Municipal Funds through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Construction Account, and WHEREAS, the advance is based on the following determination of expenditures: Account Balance as of February 5, 2013 ( 679,964) Less estimated disbursements: Project# SAP 195- 106 -012 $ 473,409 Project # SAP 195 -108 -004 $2,730,067 Project # SAP 195 -112 -006 $ 260,964 Project #SAP 195 -115 -003 $ 535,560 Advance Amount (amount in excess of acct balance) $4,000,000 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and Minnesota Rules, Chapter 8820, 1500, Subpart 10. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the City of Eagan in an amount up to $4,000,000 in accordance with Minnesota Rules 8820.1500, Subparagraph 10b. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said City from future year allocations until frilly repaid. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Eagan, County of Dakota, State of Minnesota, at a duly authorized City Council Meeting held in the City of Eagan, Minnesota, on the 51h day of February, 2013, as disclosed by the records of said City on file and of record in the office. Christina M. Scipioni LA1 Agenda Information Memo February 5, 2013 Eagan City Council Meeting O. PROJECT 1019,1-35E NOISE WALL COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP AGREEMENT ACTION TO BE CONSIDERED: Approve a Community Roadside Landscaping Partnership Agreement with the Minnesota Department of Transportation (MnDOT) for Project 1019 (I -35E Noise Wall) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 1019 (Contract 12 -04) provided for the construction of a noise wall adjacent to the west side of Interstate 35E north of Diffley Road. The project included 1447 linear feet of noise wall approximately 14 feet high near the south bound exit ramp to Diffley Road. • On February 8, 2012, the City Council approved the final payment for Contract 12 -04 in the amount of $55,229.55 to MnDOT for the City's 10% share of the noise wall costs. The associated construction of the noise wall was completed by MnDOT in June. • At a Council workshop held on March 8, 2011, the City Council had provided direction to staff to have landscaping improvements provided for aesthetics purposes adjacent to the completed noise wall. • An agreement between the City of Eagan and MnDOT has been prepared providing for MnDOT design and funding of roadside landscape improvements within the trunk highway right of way adjacent to the constructed noise wall. The City of Eagan would be responsible for 50% of the cost for the installation of the plants only (Eagan share is estimated to be less than $5,000). • The City of Eagan would be responsible for the maintenance of the plants on the highway side of the noise wall. The plant material that has been selected is a variety of low to no maintenance species. Upon Council approval, planting is scheduled to be completed by June 30, 2013. • The Agreement has been reviewed by the Public Works Department and City Forester and found to be in order for favorable Council consideration. 4 Agenda Information Memo February 5, 2013 Eagan City Council Meeting P. METROPOLITAN COUNCIL GRANT AGREEMENT I & I MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Agreement with the Metropolitan Council for a Municipal Publicly Owned Infrastructure Inflow & Infiltration Grant Program and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In the 2012 Legislative Session, the Minnesota Legislature appropriated $4 million for a matching grant program to be administered by the Metropolitan Council for the purpose of providing financial assistance to municipalities for capital improvements to their public sanitary sewer systems to reduce the amount of inflow and infiltration to the metropolitan sewer disposal system. Because the funding appropriations are proceeds of State General Obligation Bonds, such funds cannot be used for any private property improvements (i.e. private sump pump and sewer lateral corrections). • City Staff identified various elements of the City's sanitary sewer collection system for possible structural modification and improvements, such as lining of sewer laterals (15,262 linear feet), installing sewer tight castings (1), physically sealing a sewer joint (1), line manholes (176 vertical feet), install water tight manhole seals (60), and rehabilitate and bring to grade two (2) manhole structures. As a result of the City's application in competition with the other 30 eligible communities, Eagan has qualified for approximately $130,766 of matching funds. • The total estimated cost of the identified improvements is $518,634. The agreement requires the City to complete at least $261,532 worth of improvements by November 30, 2014. • A contract to construct the referenced improvements will be presented to the Council for their consideration later this year. • The Agreement was prepared by the Metropolitan Council in accordance with the requirements of the Minnesota Department of Management and Budget (MMB), reviewed by staff and found to be in order for favorable Council consideration. LAI Agenda Information Memo February 5, 2013 Eagan City Council Meeting Q. CONTRACT 13 -08 ULTRA HIGH ZONE IN -HOME BOOSTER PUMP REMOVAL ACTION TO BE CONSIDERED: Receive the bids for Contract 13 -08 (Ultra High Zone In- Home Booster Pump Removal) and award the contract to Wenzel - Plymouth Plumbing, for the Base Bid in the amount of $16,575.00, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 11 -05 provided for a booster station and a pressure sustaining station with related system piping and controls to create an "Ultra" High Pressure Zone for the water distribution system located primarily east of Pilot Knob Rd and south of Cliff Rd. • On May 15, 2012, Council awarded Contract 11 -05 to Municipal Builders, Inc. to perform the work. Project construction was substantial complete in November 2012 and the station completely operable in December 2012. • The final step in the project is to remove the in -home booster pumps for any resident in the project area, or turn the booster pumps over to the homeowner either at their request or because of no response. • Of the 161 homes in the area, 64 have identified they have a booster pump in the home, 45 have identified they do not have a booster pump in the home, and 52 have not responded to multiple mailings or telephone attempts to contact the homeowner. As of January 23, 2013, of the identified homes, 59 would like their pumps removed and 5 want to retain the equipment. • A "Request For Quote" was sent to eleven (11) licensed plumbing contractors. Seven contractors responded with labor rate quotes ranging from $85 to $156 per hour. Wenzel- Plymouth Plumbing was the low quoter. • It is estimated that 3 hours will be spent to properly remove each in -home booster pump and drop the equipment off at the Utilities Operations garage. Assuming a 10 % increase in the number of homes requesting pump removal (total of 65) and a unit rate of $85 per hour, the estimated total expenditure for the pump removal project will be $16,575. • All bids have been reviewed for compliance with the bid specifications and insurance requirements. The low bid from Wenzel- Plymouth Plumbing has been reviewed by the Utilities Division and found to be in order for favorable Council action. ATTACHMENT Bid Summary, page �q Iwo BID SUMMARY CITY CONTRACT 13 -08 2013 ULTRA HIGH ZONE PROJECT, IN -HOME BOOSTER PUMP REMOVAL CITY PROJECT NO. 1054 CITY CONTRACT NO. 13 -08 Bid Date/ Time: 12:00 p.m., Friday, January 4, 2013 Estimate: $22,800 1/31/2013 tjc� Total Over /Under Contractors Base Bid Estimate Wenzel- Plymouth Plumbing $17,600 -23% Benchmark Plumbing $20,300 -11% Adams Plumbing $21,700 -5% Hessian Plumbing $22,800 0% Bruckmeuller Plumbing $23,800 4% Blaylock Plumbing $26,900 18% Raymond Haeg Plumbing $32,300 42% 1/31/2013 tjc� Agenda Information Memo February 5, 2013 Eagan City Council Meeting R. CONTRACT 13 -09 UTILITIES ADMINISTRATION AREA MODIFICATIONS ACTION TO BE CONSIDERED: Receive the bids for Contract 13 -09 (Utilities Administration Area Modifications) and award the contract to Dering- Pierson Group for the base bid in the amount of $16,854.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Utilities Administration (North Water Treatment Plant) general office area lacks adequate usable work space to perform basic daily functions and store materials, supplies, and equipment needed for routine Utility office operations. The Utilities Administration conference room audio - visual center was built around older technology and does not provide an effective use of the space. • The office space and conference room have been reviewed and a design has been proposed to modify the existing layout to double the general office work surfaces, add needed storage space, increase available conference room space, and update the conference room audio visual center. • The proposed modifications to the administrative office area at the North Water Treatment Plant are programmed for 2013 in the City of Eagan's 5 -Year Capital Improvement Program (Part III CIP 2013 - 2017). • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Dering- Pierson Group has been reviewed by Public Works staff and found to be in order for favorable Council action. ATTACHMENT Bid Summary, page 5 SO BID SUMMARY CITY CONTRACT 13 -09 2013 UTILITIES ADMINISTRATION AREA MODIFICATIONS CITY PROJECT NO. CITY CONTRACT NO. 13 -09 Bid Date/ Time: 4:00 p.m., Monday, December 3, 2012 Estimate: $20,000 Total Contractors Base Bid Dering Pierson Group $16,854 Hunerberg Construction $20,600 Stotko Speedling Construction $25,700 Over /Under Estimate -16% 3% 29% 1/31/2013 61 Agenda Information Memo February 5, 2013, Eagan City Council Meeting S. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE THE LICENSE FEE FOR TRINITY SCHOOL AT RIVER RIDGE'S SPRING BENEFIT DINNER ON APRIL 13, 2013. ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge's Spring Benefit Dinner on April 13, 2013. FACTS: ➢ Trinity School at River Ridge has requested a temporary on -sale liquor license be issued to them for a Spring Benefit Dinner planned for April 13, 2013. The event will be held inside the school building, located at 601 River Ridge Parkway. The event is a fundraiser for the school. ➢ Trinity School at River Ridge has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (1): ➢ Letter enclosed on pages 6�) to 5,0, . (The complete application is available from the Office of the City Clerk.) Is a _y ®.�..�. at River Ldg VERum BoAvm PULCHRUM January 11, 2013 Ms. Christina Scipioni City Clerk, City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Ms. Scipioni: Trinity School at River Ridge is applying for a Temporary On -Sale Liquor License for our Trinity School Spring Benefit Dinner, Saturday, April 13, 2013. This document serves to provide the City of Eagan the necessary information about our event so that the City Council will approve our license at the next City Council Meeting. Thank you for working with us to help us secure the license. 1. The Minnesota Department of Public Safety Application and Permit for Temporary On -sale Liquor License was completed and is included with this letter. An additional copy can be provided. 2. I will be faxing The Certificate of Liability Insurance from the Gibson Insurance Company. Our insurance meets or exceeds your requirements. An additional copy can be sent if needed. 3. The Trinity School Spring Benefit Dinner will be held at Trinity School at River Ridge, 601 River Ridge Parkway, Eagan, Minnesota, 55121. The event will be held indoors within the school premises, and entrance into the Spring Benefit Dinner will be through our east door, the "Event Entrance." 4. a. We have hired two security personnel for the event who will enforce alcohol beverage sale and consumption laws, crowd control and public safety. b. The beverage servers will require that any person desiring to purchase or be served liquor must show a valid photograph identification which will be checked to insure the person is 21 or older. Then the age of the person is verified, he /she will be issued a wristband which he /she will wear throughout the Spring Benefit Dinner. No alcohol will be served to a guest who does not have a wristband. 5. No one selling alcohol shall be intoxicated or consume alcoholic beverages during their work shift. 5�!) 6. Trinity school will post signs at the entrance notifying the public that sales to and consumption to alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. 7. The alcoholic beverages will be available for sale or consumption from 5 -9 p.m. on Saturday, April 13, 2013. 8. Trinity School will designate an on -site manager in compliance with the City of Eagan's requirement. Trinity School at River Ridge requests that the City Council of Eagan wave the $150 fee since, as a non - profit school organization. This is a fundraising event. If you have any additional questions, please contact me at the phone number below. Other Trinity School employees involved in the planning of the Spring Benefit Dinner, include Peg Louiselle and Steve Hendrickson. Sincerely, Jem- ifer Theis Administrative Assistant Trinity School River Ridge Parkway Eagan, MN 55121 'theis ,trinityschools.ore, www.tsrr.org 651 -789 -2890, ext. 222 Fax: 651-789-2891 Cell: 651- 329 -3866 lJ q Agenda Information Memo February 5, 2013, Eagan City Council Meeting T. SET PUBLIC HEARING DATE FOR MARCH 5, 2013 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for March 5, 2013 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. ➢ The City currently has 14 delinquent accounts in the amount of $2,090. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): 5s Agenda Information Memo February 5, 2013, Eagan City Council Meeting U. SET PUBLIC HEARING DATE FOR MARCH 5, 2013 TO CERTIFY DELINQUENT MOWING AND NOXIOUS WEED BILLS ACTION TO BE CONSIDERED: To set a public hearing for March 5, 2013 to consider the final assessment of the delinquent mowing and noxious weed bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent noxious weeds, mowing, refuse removal, and board -up balances for certification to property tax statements for collection. ➢ The City currently has 8 delinquent invoices in the amount of $1,398. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): J Agenda Information Memo February 5, 2013 Eagan City Council Meeting V. SET PUBLIC HEARING DATE FOR MARCH 5, 2013 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for March 5, 2013 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: On a semi - annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. ATTACHMENTS: None 5q Agenda Information Memo February 5, 2013, Eagan City Council Meeting W. Direct preparation of an ordinance amendment to City Code Chapters 2, 5 and 6 relative to criminal background investigations for prospective city employees and business licensing. ACTION TO BE CONSIDERED: Direct the City Attorney's Office to prepare an ordinance amendment to City Code Chapters 2, 5 and 6, relative to criminal background investigations for job applicants and business licenses. FACTS: • The Minnesota Bureau of Criminal Apprehension (BCA) collects and stores criminal history data on individuals. • The City of Eagan accesses criminal history and driver's license data on job applicant finalists prior to making a final hiring decision for employees and volunteers. The City also accesses BCA data during its review of certain business licenses. • The BCA, along with the League of Minnesota Cities, has mandated an ordinance and outlined specific requirements which would authorize Cities to utilize the system. The BCA conducts triennial audits and are finding that many cities and counties do not have the ordinance in place. • Staff has reviewed our current ordinance and determined new language should be added to meet the State's requirements. • Staff is recommending authorization to have the City Attorney review the City's current ordinance for compliance and suggest amendments if necessary. • More information will be provided when the ordinance amendment comes back to Council for formal consideration. ATTACHMENTS (0): rp". Agenda Memo February 5, 2013 City Council Meeting X. ACCEPT the resignation of Matthew Steele from the Advisory Parks Commission. ACTION TO BE CONSIDERED: To accept the resignation of Matthew Steele from the Advisory Parks Commission. FACTS: ® Matthew Steele was appointed to a two year term on the Advisory Parks Commission in 2011, which would have expired in April 2013. Due to current and upcoming responsibilities Mr. Steele tendered his resignation effective January 16, 2013. ® It is anticipated that this vacancy will be filled when the City Council appoints new Commission Members in April /May. ATTACHMENTS: ® Letter of Resignation included on Page 69 From: Matthew Steele <m.steele22 a_,nze.com> Date: January 16, 2013, 4:10:54 PM CST To: Juli Jolmson <JSJolulson a,cityofea aig i.com> Subject: Matthew Steele Resignation from the Advisory Parks and Recreation Commission Dear Juli, Effective immediately, I am submitting my resignation from the Advisory Parks and Recreation Commission due to current and upcoming responsibilities I have in graduate school. Thank you for the honor to serve the City of Eagan as a commission member. Matthew Steele Master in Public Policy Candidate, 2014 Humphrey School of Public Affairs University of Minnesota UO Agenda Information Memo February 5, 2013 City Council Meeting Y. ACCEPT the resignation of Andrew Jansma from the Advisory Planning Commission. ACTION TO BE CONSIDERED: To accept the resignation of Andy Jansma from the Advisory Planning Commission. FACTS: • Andy Jansma was appointed to a two year term on the Advisory Parks Commission in 2011, which would have expired in April 2013. Due to current and upcoming responsibilities Mr. Jansma tendered his resignation effective January 1, 2013. • It is anticipated that this vacancy will be filled when the City Council appoints new Commission Members in April /May. ATTACHMENTS: None (�l Agenda Memo February 5, 2013 City Council Meeting Z. APPROVE a Resolution to accept a donation of $7,500 from Think Mutual Bank for the 2013 Market Fest Entertainment Series. ACTION TO BE CONSIDERED: To approve a resolution to accept a cash donation of $7,500 from Think Mutual Bank for the 2013 Market Fest Entertainment Series and authorize the necessary budget adjustment. FACTS: • The Market Fest 2013 season is planned and ready to provide a fanners market, artisan market, food and music for the community to enjoy every Wednesday evening from June through September. • Donation dollars were budgeted for 2013 to allow this free community program to be hosted by interested local partners. • Think Mutual Bank has asked to be the exclusive sponsor of the 2013 Market Fest entertainment series. Their donation will also be used towards family activities and Market Fest theme night promotions. Think Bank will be acknowledged at evening events in addition to Market Fest's publicity to the community. • By approving this donation the 2013 Recreation budget would receive a corresponding budget adjustment reflecting the cash donation of: ■ $7,500 to budget line item 3061 -4663. ATTACHMENTS: • Resolution on Page ". CITY OF EAGAN RESOLUTION TO ACCEPT A CASH DONATION FROM THINK MUTUAL BANK WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, Think Mutual Bank has expressed an interest in partnering with Eagan Parks and Recreation for 2013 community event; and WHEREAS, Think Mutual Bank has expressed an interest in supporting the Market Fest event that features a farmers market, artisan market, food and music for the community to enjoy every Wednesday evening from June through September; and WHEREAS, Think Mutual Bank has offered to donate $7,500 to be the primary sponsor for the Market Fest entertainment series in addition to supporting family activities and Market Fest theme night promotions; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $7,500 cash donation from Think Mutual Bank for the 2012 Market Fest Entertainment Series. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5t" day of February, 2013. City Clerk Agenda Memo February 5, 2013 City Council Meeting AA. APPROVE the designation of portions of park property as State of Minnesota General Obligation Bond Financed Property as defined in a Grant Agreement for Tree Removal and Replanting or Planting for Diversity. ACTION TO BE CONSIDERED: To approve the designation of portions of park property as State of Minnesota General Obligation Bond Financed Property as defined in a Grant Agreement for Tree Removal and Replanting or Planting for Diversity and direct the Mayor and City Clerk to execute all appropriate documents and have them recorded. FACTS: • At their February 8, 2012 meeting the City Council approved the submission of an application for a DNR Community Forest Bonding Grant. • At their April 3, 2012 meeting the City Council accepted the non - snatching DNR grant in the amount of $20,974.22. • The grant was intended to enhance Eagan's urban forest through the contractual removal of approximately 100 at -risk Ash trees on public property. These trees were subsequently replaced with native species to create a more diverse forest, which is less likely to succumb to an infestation or infection. • As the final grant documents are being completed there was a provision in the grant that because this grant was covered by State Bonding dollars there is a requirement that the 8 park properties where the trees are planted be declared as State of Mirulesota General Obligation Bond Financed Property. • This designation requires that the City define these specific properties by legal description and have them recorded so that the State of Minnesota would be shown as having an interest in what happens to these properties should ownership ever change. • Should any of these properties be sold or otherwise change in ownership the State of Minnesota would require that all or a portion of the grant funds be repaid. ATTACHMENTS: • Declaration included on pages V5 to Vo • Property location maps included on pages (0.q to �q ATTACHMENT IB DECLARATION State of Minnesota General Obligation Bond Financed Property The undersigned has the following interest in the real property located in the County of Dakota, State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon (collectively referred to as the "Restricted Property "): (Check the appropriate box.) a fee simple title, or ® an easement, and as owner of such fee title or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in the General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting or Planting for Diversity between the Department of Natural Resources and City of Eagan dated April 2, 2012 (the "G.O. Grant Agreement "). The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Property Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released there from by way of a written release in recordable form signed by both the Commissioner of the Department of Natural Resources and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Conunissioner of Minnesota Management and Budget. City of Eagan, a political subdivision of the State of Minnesota By: _ Name: Title: Dated: .20 STATE OF MINNESOTA ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , by , the of , a political subdivision of the State of Minnesota. This instrument was drafted by: Ken Holman Community Forest Program Coordinator Minnesota Department of Natural Resources Division of Forestiy 500 Lafayette Road St. Paul, MN 55155 -4044 Notary Public Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY [Insert a legal description of the property where the Program. Grant will be used.] 609 Ell i t-tn WNW (Ci CD cU � zW LO L V. 2 m °o c� m p O 1% ,e n c� .e b ft C C m 4f D tD C v 0. R- E ,� � 4 n o r K V� n ca. � m p O 1% ,e n .e b ft C C m 4f D tD C v 0. R- ,� � 4 n o r K V� n y \� a o\ U w <y #ro \ 1 § �. m� a •7� /© d. q; 1 � Y f, k n, C 4 m U � � CA t- 0 f 0. /j � 0 0 I- ! 03 Ol AL . AMID � ra fr d Iku co y 7 Oh s 6,41", Q0 { I, ; s Q, ''a c �3 •► CL C • L. 0 L x 61i, g 00 z •i AL . AMID � ra fr d Iku co y 7 Oh s 6,41", Q0 { I, ; s Q, ''a c �3 CL c# i a Ob m 6 C L x 61i, �i On M 0 0s 4 a k, , pi, . Q, � ZT—F G-2 F R �x I I I -- 93 w. t c1 Y- w- Moonshine Retreat Center 2 Yellow Birch 3 Tamarack 2 American plum Tamarack t L t Tamarack Plu "I y Plum 41 ` Tamarack 2.012 Oily of EOPH 15 Wrn rya 0. 0. [ltr r_ tt) j'Ayj L,_ni 15 Agenda Memo February 5, 2013 City Council Meeting BB. APPROVE a Resolution to accept an anonymous contribution for a planning process in collaboration with community arts stakeholders. ACTION TO BE CONSIDERED: To approve a Resolution to accept an anonymous contribution for a planning process in collaboration with community arts stakeholders. FACTS: • The Art House Board met with the City Council at their November 13, 2012 workshop to solicit feedback and direction regarding Public Art Policies. The Council directed the item to the Advisory Parks Commission for further review, discussion and future recommendation to the Council. • The Advisory Parks Commission reviewed and discussed this item at their January 14, 2013 meeting. They recommended that grant dollars be pursued to hire a consultant to develop cohesive guiding principles for public art in Eagan. Once the Commission had an opportunity to review the recommendations they felt they would be better prepared to make a recommendation to the City Council. • Staff has since been approached by Craig Harris, board president of Caponi Art Park, late in December concerning a funding opportunity to develop a comprehensive community arts planning process. • Collaborators in this process would include City of Eagan, Dakota Center for the Arts /Eagan Art Festival and the Caponi Art Park. • The process would look at current public art in Eagan then help the City and stakeholders plan goals around community art programs, services and installations. • The planning process will involve, but will not be limited to the following stakeholders; Eagan Art House, Caponi Art Park, Dakota Center for the Arts, Advisory Parks Commission and possibly Community Development /Advisory Planning Commission. • Eagan Parks & Recreation will coordinate supervisory and support staff necessary for the project and will provide a cash match of up to $1,000. • Eagan Parks & Recreation will manage financial reporting and will track expenses in a separate and dedicated account. ® By approving this anonymous contribution of $10,000 the 2013 Recreation budget would receive a corresponding budget adjustment reflecting the cash donation. ATTACHMENTS: ® Resolution attached on page In TO CITY OF EAGAN RESOLUTION TO ACCEPT AN ANONYMOUS CONTRIBUTION FOR A PLANNING PROCESS IN COLLABORATION WITH COMMUNITY ARTS STAKEHOLDERS WHEREAS, The City Council and Advisory Parks Commission have been reviewing, discussing and soliciting feedback regarding Public Art Policies; and WHEREAS, The Advisory Parks Commission has recommended to the City Council that grant dollars be pursued to hire a consultant to develop cohesive guiding principles for public art in Eagan; and WHEREAS, The City of Eagan was approached by the Caponi Art Park Board president regarding a funding opportunity to develop a comprehensive community arts planning process; and WHEREAS, An anonymous donor has a desire to contribute $10,000 to hire a consultant to develop guiding principles for public art in Eagan in conjunction with other community arts stakeholders including but not limited to; Eagan Art House, Capoini Art Park, Dakota Center for the Arts, Community Development /Advisory Parks Commission and others not yet identified; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the contribution of $10,000 from an anonymous donor for a planning process in collaboration with community arts stakeholders. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5t" day of February, 2013. City Clerk '19 Agenda Information Memo February 5, 2013 Eagan City Council Meeting CC. DIRECT ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: Direct staff to work with the City Attorney to prepare an ordinance amendment to Chapter 13, § 13.20, Subd. 6., regarding general provisions related to preliminary and final plats. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ In 1990, the City Council adopted plans that comprised the City's comprehensive approach for stormwater drainage and surface water quality management, the first such all- inclusive program by a Minnesota city. ➢ On January 17, 2006, the City Council approved an updated stormwater management plan entitled, Stormwater Management Plan, City of Eagan, and on July 17, 2007, the City Council approved an updated water quality management plan entitled, Water Quality and Wetland Management Plan. At that time, the City Council also approved an ordinance amendment to modify Chapter 11, adding § 11.67 Wetlands Protection and Management Regulations, and modifying all related existing sections accordingly. In October 2008, the City Council adopted §4.33 Post Construction Requirements that specify standards for stormwater management, in accordance with the approved Water Quality and Wetland Management Plan. ➢ Updates to maintain consistency between Chapter 11 and Chapter 13, § 13.20, Subd. 6. K were inadvertently overlooked and an update is necessary. ➢ An amendment to Chapter 13 requires a Public Hearing be held by the APC. ATTACHMENTS: None wt Agenda Information Memo February 5, 2013, Eagan City Council Meeting DD. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR THE EAGAN FOUNDATION'S 12TH ANNUAL WINE TASTING AND SILENT AUCTION EVENT ON APRIL 18, 2013 AT THE EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for the Eagan Foundation's 12th Annual Wine Tasting and Silent Auction Event at the Eagan Community Center on April 18, 2013. FACTS: ➢ The Eagan Foundation has requested a temporary on -sale liquor license be issued to them for a wine tasting event planned for April 18, 2013 at the Eagan Community Center. The 12th annual charitable event is being held to raise funds for the various projects of the Eagan Foundation. ➢ The Eagan Foundation has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. As they have in past years, the Eagan Foundation will be using imprinted wine glasses instead of wristbands to identify those who are over 21. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for their approval. ATTACHMENTS (1): ➢ A letter from the Eagan Foundation is enclosed on page 9 119 VISION To make Eagan the best place to live, learn, work and play. MISSION To build a legacy for Eagan one gift at a time. BOARD OF DIRECTORS Oct. 1, 2012 - Sept. 30, 2013 Michael Proebstle Board Chair Greg Wilken Vice Chair Randy Feld Treasurer Laurie Huusko Fundraising Development Kristin Olson Wine Event & Silent Auction Josh Schultz PR & Marketing Members at Large Kristy Bertsch Bob Braun JoLynn Bucki Adrienne Foley Jon Hohenstein Maria Hutera Tyler Huusko Brenda Johnson Brent Johnson Karen Julian Karen Lyons Amanda Martel Holly Schram Dave Unmacht Ryyaan Usmani Janel Woods BRINGING NEIGHBORS TOGETHER January 28, 2013 Mayor Mike Maguire Eagan City Council Members 3830 Pilot Knob Road Eagan, MN. 55122 Thomas Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN. 55122 Re: A Taste of The Eagan Foundation, 12th Annual Wine Tasting & Silent Auction Event Dear Mayor Maguire, Eagan City Council Members, and Mr. Hedges and City Staff: The Eagan Foundation again wants to thank the City of Eagan for its ongoing partnership with the Foundation in our efforts to make Eagan the best and most involved community in Minnesota. We are planning our 12th annual Wine Tasting and Silent Auction to be held on Thursday, April 18, 2013 at the beautiful Eagan Community Center. This event is our primary fundraiser for the year and we expect in excess of 300 attendees at what has come to be a community signature event. We ask the Council to waive, as it most graciously has in the previous years, the fee for the Temporary On - Sale Liquor License for the event. We have enclosed our application for the license, along with supporting paperwork. We will forward more information to the Council and staff about the wine event as the day draws near, but for now, please save the date - April 18, 2013. Please contact me directly at 612- 486 -2068 if you have any questions or concerns. Thank you for your consideration. Sincerely, Maria Hutera Eagan Foundation Board Member Wine Tasting Event Volunteer *Want to Be An Auction Donor But Have Nothing to Donate? We Can hlelpl You can make a MONETARY donation to the Eagan Foundation's silent auction and we will shop for you! Your name will appear on the bid sheet as the Donor. a Agenda Information Memo February 5, 2013, Eagan City Council Meeting EE. DIRECT PREPARATION OF AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 10.40 RELATIVE TO STANDARDS FOR FIRES OR BARBEQUES ON BALCONIES OR PATIOS ACTION TO BE CONSIDERED: Direct the City Attorney's Office to prepare an ordinance amendment to City Code Chapter 10.40, relative to standards for fires or barbeques on balconies or patios. FACTS: ➢ In May 2012, the City Council approved an ordinance amendment to City Code Chapter 10.40 that prohibited all grills on the decks and patios of multi - family housing units in which at least three units share a common hallway. ➢ Staff is seeking an ordinance amendment to clarify the intent of the May 2012 ordinance amendment and make housekeeping changes to Chapter 10.40. Specifically, the amendment would clarify that residents of these multi - family housing units cannot grill or store the grills on decks or patios, which was the intent when the original amendment was approved. The amendment would also change the title of Section 10.40 and change the order in which some regulations are listed (for ease of use and clarity). ➢ More information will be provided when the ordinance amendment comes back to Council for formal consideration. ATTACHMENTS (0): Agenda Information Memo February 5, 2013, Eagan City Council Meeting VI. OLD BUSINESS A. ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CHAPTER 7.07 RELATIVE TO SPECIAL EVENT PERMITS ACTIONS TO BE CONSIDERED: To approve an Ordinance Amendment to City Code Chapter 7.07 relative to special event permits and direct the City Attorney to publish the ordinance amendment summary. To approve a Resolution modifying special event permit fees. FACTS: ➢ In early 2012, the City Council implemented a special event permitting process to regulate events utilizing City infrastructure and staff, such as 5K walks and runs, bicycling rides and races, and parades. The City issued 10 special event permits in 2012. ➢ Special event permit applications are reviewed and approved by the Special Event Permit Committee, consisting of staff from the Police, Fire, Public Works, Parks, Community Development and Administration departments. ➢ As noted in a January 2, 2013 Council agenda memo, the Committee, having completed its first year with the new ordinance in place, reviewed the regulations in light of feedback from staff and event coordinators, in order to improve the permitting process moving forward. ➢ At its January 2, 2013 meeting, the City Council directed preparation of an ordinance amendment to City Code Chapter 7.07 relative to special event permits. ➢ The proposed ordinance amendment makes the following changes to the special event regulations: o Untimed bike events that begin outside of Eagan, will have fewer than 50 participants in the City at any one time, and obey all traffic laws are exempted from special event permit requirements. This will clarify when a permit is needed for bike events that travel through Eagan. The event organizers must provide written certification that fewer than 50 participants will be in the City at a time and that participants will obey all traffic laws. If any City services or resources are needed for the event, a permit will be required. o The escrow fee for a special event permit is decreased from 150 percent to 125 percent of the estimated costs for City staff and resources. During the permitting m process, many event organizers expressed a concern about the 150 percent escrow collected by the City. The Special Event Permit Committee feels comfortable with lowering the escrow requirement. A 125 percent escrow is less onerous on the event organizers while still protecting the City in the event of unexpected expenses. o The Special Event Permit Committee may choose to waive the requirement that all special events have an emergency medical response team (i.e. two firefighters or HealthEast paramedics) stationed at the event. During the 2012 permitting process, the Committee found that not every event has a public safety need for on- site medical responders. o A prohibition against permanently marking public rights -of -way and a fee for violating the prohibition have been added. The proposed resolution sets the violation fee at $150, which is the approximate cost of supplies and staff time needed to repair the damage. ATTACHMENTS (2): The proposed ordinance amendment and summary ordinance is attached on pages Bq to The Resolution modifying special event permit fees is attached on page bV7 . 8J ORDINANCE NO. _ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED "STREETS AND SIDEWALKS GENERALLY " BY AMENDING SECTION 7.07 REGARDING PARADES, ATHLETIC EVENTS & SPECIAL EVENTS REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 7.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Seven is hereby amended by revising Section 7.07, Subd. 3 to read as follows: Subd. 3. Permit required. A special event permit is required for the use of city property, use of public rights -of -way, including sidewalks and trails, or a combination thereof, in connection with any of the following: A. Athletic events that are timed or for which prizes are awarded to the top finishers, regardless of the number of participants, which include, but are not limited to: marathons; walk, run, skate, or ski events; and cycle rallies or races. B. Athletic events that are not timed or for which prizes are not awarded to the top finishers with 500 or more participants in a walk/run event or 50 or more cyclists in a cycle event. C. Events for which street or intersection closures or restrictions are required as determined by the city or as may be requested by the event sponsor. D. Events, due to its location or nature of activities, will significantly interfere with or obstruct the safe and orderly movement of vehicular or pedestrian traffic contiguous to the event site or event route. E. Events to occur on city property or within public rights of way which will require the use of any city services, including but not limited to: city personnel, city utilities, public safety personnel, use of city traffic controls and devices, sanitary facilities, solid waste disposal facilities, clean up and restoration of city property, that would not otherwise be necessary in the absence of such special event. A special event permit is not required for the following: A. Funeral procession; B. A governmental agency activity within the scope of its duties; C. Any event held inside a park building or involving the use of a specific park amenity exclusively (e.g. a ball field /complex, civic center, ice arena, park pavilion) for which a park facility permit is issued. 1 I. D. Any untimed bike event that commences outside of, but travels through the City of Eagan, has fewer than 50 participants within the City at any one time, and does not require city services or resources, provided: 1. The organizer shall submit to the City Clerk written certification that fewer than 50 participants will be within the City at any one time; and 2. All participants shall obey all traffic laws. Section 2. Eagan City Code Chapter Seven is hereby amended by revising Section 7.07, Subd. 5 (13)(3) to read as follows: Subd. 5. Permit application procedure and fees. B. Requirements upon approval, but before issuance of permit. Upon the approval of the application, but prior to the issuance of the permit, the applicant shall submit to the city the following: 3. Upon approval of the application for a special event permit, the City Clerk shall provide the applicant with a statement of the estimated cost of the expenses incurred by the city in connection with providing city personnel, services and resources necessary for the event. The applicant/permittee shall be required to pay, as deposit of the city services /resources fee, the amount equal to 450125% of the estimated costs as determined in the statement no later than 7 business days prior to the date of the event. If the applicant /permittee fails to remit the payment of the city services /resources fee deposit as required herein, the permit shall not be issued and the event shall not occur. The city services /resources fees shall be in the amounts as set by City Council resolution. Section 3. Eagan City Code Chapter Seven is hereby amended by revising Section 7.07, Subd. 6 (C) and adding Subd. 6 (J) to read as follows: Subd. 6 Conditions of permit. All special events permits shall be subject to the following conditions: C. The event shall have an emergency medical first response team on site specifically assigned to the event. The city may require additional emergency medical resources on site for the event if deemed necessary due to the nature of the event. The city, in its sole discretion. may waive this reauirement if deemed unnecessary due to tvbe of event and number of participants. 2 �5- J. No public rights of way, including sidewalks, trails and paths, shall be written upon or otherwise marked with any permanent substance. A fee, the amount of which shall be duly adopted by council resolution, will be charged to the event organizer if this provision is violated. Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 7.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 5. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 3 CITY OF EAGAN City Council By: Mike Maguire Its: Mayor 96 RESOLUTION NO. CITY OF EAGAN APPROVING AMENDMENT TO THE 2013 FEE SCHEDULE WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees listed below shall be effective immediately: ® Special Event Permits o City services /resource escrow: o Permanently marking City rights -of -way: Motion by: Seconded by: Those in favor: Those against: Date: February 5, 2013 125% of estimated cost for required City services /resources $150 Certification an Attest: CITY OF EAGAN CITY COUNCIL Its Mayor Its Clerk 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 5th day of February, 2013. Christina M. Scipioni, City Clerk Agenda Information Memo February 5, 2013, Eagan City Council Meeting A. PLANNED DEVELOPMENT AMENDMENT — LEXINGTON PET CLINIC ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial of) a Planned Development Amendment to allow a pet clinic use for a portion of the building located at 1095 Diffley Road, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least 3 votes FACTS: ➢ The site is zoned Planned Development (PD) with an underlying zoning of Neighborhood Business (NB) and was developed in 1995. ➢ Animal clinics are a Conditional Use in the NB zoning district. ➢ A Conditional Use Permit (CUP) was approved in 1993 for a veterinary hospital for property located diagonally from the subject site. ➢ The CUP approval determined that veterinary clinics are compatible with retail commercial uses and the surrounding area. ➢ The applicant proposes to relocate to allow additional space. ➢ There are no outdoor runs or exterior modifications proposed for the site. ➢ The Advisory Planning Commission held a Public Hearing on January 22, 2013 and is recommending approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: February 15, 2013 ATTACHMENTS: (4) Location Map, page �q Draft January 22, 2013, APC minutes, page,.. V Planning Report, pages `kI through RR January 22, 2013 letter of support, page WO a Location Map } ,WESCOTT ROAD Barbara Cury Park.P_ark 1 U O Lone Oak Rd H O ti Yankee Ooodle.Rdl 2 CR OIRIeY Rd. Nic ILN �+ OR O = 0 CIIR Rd „ .. /• m .ve• �a-a •. MapArea Extent I R", NORTHVIEWPARK ROAD 0 O Northview Park c z Patrick Eagan Park p r 0 ti o` w Subject Site ` 3 � X L\ z -30 .a .. DIFLEY ROAD).,,a:__.. ,_ _.,,_ _--- ....._� ,_ �m {i m� T T ? OgNIE� _ pA7RICKR p Capon! Art Park Park--V\ CO 10 Park Lexington Diffley Athletic Park p v n 1 NA m y �q LEXINGTON POINTE PARKWAY S Iyy 7 G j D 4 0 z t {i u i Goat Hill Park NJalnut.Hill.Park Legend Feet Project Name: Lexington Pet Clinic 0 500 1,000 2,000 Request: Planned Development Amendment Buildings selection 2 Case No: 23- PA- 12 -12 -12 Buildings selection OParcels Buildings q qn M of f EQ Qll Parks 90111 City Boundary N ©9 0 IV. PUBLIC HEARING New Business A. Lexington Pet Clinic Applicant Name: Eagle Trace LLC Location: 1095 Diffley Road; Lot 3, Block 1, Soderholm Addition Application: Planned Development Amendment A Planned Development Amendment to allow a pet clinic in a shopping center. File Number: 23- PA- 12 -12 -12 Planner Thomas introduced this item and highlighted report dated January 11, 2013. The applicant was present for questions and h public hearing. There being no further public comment, Chair discussion back to the Commission..M Member Piper moved, Member Filipi Development Amendment to allow a conditions: 1. A Planned Deve Dakota County Re required for the Ag • Floor Plan • Site PIa� :1, 2. They{ 13,201 3. A Sign Per requirements 4. All other terms of remain. on presented in the City Staff opened the and turned the mend approval of a Planned d, subject to the following and recorded at the The following plans are nated on the Floor Plan dated December n of any sign, and signage is subject to all other Agreement dated November 6, 1995, shall 5. No boarding of animals shall occur on the premises. All voted in favor. Motion carried 4 -0. [Members Dugan and Vanderpoel were absent during the discussion of this item.] GO PLANNING REPORT CITY OF EAGAN REPORT DATE: January 11, 2013 APPLICANT: Jon Einess PROPERTY OWNER: Same REQUEST: Planned Development Amendment LOCATION: 1095 Diffley Road CASE: 23- PA- 12 -12 -12 HEARING DATE: January 22, 2013 APPLICATION DATE: Dec. 17, 2012 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting a Planned Development Amendment to allow a pet clinic at 1095 Diffley Road, legally described as Lot 3, Block 1, Soderholm Addition. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The subject site is part of the Soderholm Planned Development that was approved in November of 1995. The Planned Development also includes a convenience gas station, fast -food restaurant, day care facility and an office building. q� Planning Report — Lexington Pet Clinic January 22, 2013 Paae 2 EXISTING CONDITIONS The subject parcel has a 10,800 sq. ft. building. The building is located on the western side of the lot, with parking provided to the east. Due to lack of adequate parking, the original Planned Development limited no more than 2,000 sq, ft. of retail space to be occupied by a restaurant, bakery, coffee shop or similar uses that require seating. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject property is surrounded with different uses including single family residential, a church, commercial uses, an office building and a daycare. A Conditional Use Permit for a veterinary hospital was approved in 1993 for the property located diagonally from this site, at 4250 Lexington Avenue. At the time the property was zoned CSC, Community Shopping Center, but has since been rezoned to PD, Planned Development. As a result of the previous approval it was determined that veterinary clinics are compatible with retail commercial uses and the surrounding area. Animal clinics are a Conditional Use in NB, Neighborhood Business, zoning districts, which is the zoning district that most closely corresponds to this development. Therefore, in lieu of a Conditional Use Permit, a Planned Development Amendment is required. Proposal — The Lexington Pet Clinic has operated in Eagan for over 20 years. They propose to relocate from their existing suite at 4250 Lexington Avenue to allow more space for their growing business. No outdoor runs or exterior modifications are proposed at this time. • Existing Use Zoning Land Use Designation North Office, Daycare PD, Planned RC, Retail Development Commercial South Diffley Road Right -of -way Right -of -way East McDonald's PD, Planned RC, Retail Development Commercial West Single family R -1, Residential LD, Low Density dwelling Single Residential EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject property is surrounded with different uses including single family residential, a church, commercial uses, an office building and a daycare. A Conditional Use Permit for a veterinary hospital was approved in 1993 for the property located diagonally from this site, at 4250 Lexington Avenue. At the time the property was zoned CSC, Community Shopping Center, but has since been rezoned to PD, Planned Development. As a result of the previous approval it was determined that veterinary clinics are compatible with retail commercial uses and the surrounding area. Animal clinics are a Conditional Use in NB, Neighborhood Business, zoning districts, which is the zoning district that most closely corresponds to this development. Therefore, in lieu of a Conditional Use Permit, a Planned Development Amendment is required. Proposal — The Lexington Pet Clinic has operated in Eagan for over 20 years. They propose to relocate from their existing suite at 4250 Lexington Avenue to allow more space for their growing business. No outdoor runs or exterior modifications are proposed at this time. • Planning Report — Lexington Pet Clinic January 22, 2013 Page 3 The applicant proposes to lease 2,400 sq. ft. of the building to operate a veterinary clinic. Other tenants include: Baskets on Occasion — 1,032 sq. ft. Indulge Boutique —1,320 sq. ft. China Gourmet —1,080 sq. ft. Locker Room of Eagan — 1,200 sq. ft. Vacant — 1,200 sq. ft. Vacant — 2,400 sq. ft. Lexington Pet Clinic — 2,400 sq. ft. 10,800 sq. ft. total Parking — The approved Site Plan for the original Planned Development identifies 56 parking stalls on this site. As previously mentioned, due to lack of parking, the original Planned Development limited no more than 2,000 sq. ft. of retail space to be occupied by a restaurant, bakery, coffee shop or similar uses that require seating. The proposed use is not a limited use. SUMMARY /CONCLUSION The applicant is requesting a Planned Development Amendment to allow for a vet clinic to occupy vacant space within a retail building. The subject site is part of the Soderholm Planned Development that was approved in November of 1995. The subject site was approved as a 10,800 square foot retail building. The applicant proposes to occupy 2,400 sq. ft. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a pet clinic at 1095 Diffley Road. If approved, the following conditions should apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Floor Plan • Site Plan 2. The pet clinic use shall only occupy the area designated on the Floor Plan dated December 13, 2012. 3. A Sign Permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 4. All other terms of the Planned Development Agreement dated November 6, 1995, shall remain. 5. No boarding of animals shall occur on the premises. MUWJ Location Map WESCOTT ROAD F � m l Lona 01 Rd Barbara CUry Park.Park i u H j o 1 {{ ~ Yankeo DooAlo.Rd� 3 _ i I C Dim. Rd TYi LN � P �O` o CIIR Rd i i m Area Extent I i w I NORTHVIEW PARK ROAD 3 rc a Northview Park 0 c z Patrick Eagan Park p r 0 7 o� Subject Site 3 q z } Wd DiFLEY-ROAO) m m T T DgNiE( pATRICKR o ni Art Park Park 0O Park Lexington Diffley Athletic Park a G > 7 NA m - e n� LEXINGTONPOINTEPARKWAY S ) l ' G D 4 Z Goat Hill Park ° I Wall nut: Hill. Fark Legend Feet Project Name: Lexington Pet Clinic 0 500 1,000 2,000 Buildings selection 2 Request: Planned Development Amendment Buildings selection Case No: 23- PA- 12 -12 -12 Parcels Buildings Parks My of Eap City Boundary N qLA Current Zoning and Land Use Map City of Eap Application: Lexington Pet Clinic Type: PD Amendment Case No.: 23- PA- 12 -12 -12 Zoning PD Planned Development Land Use Plan RC Retail Commercial Z\ N 0 300 600 1,200 coo+ q5 RIAL tit _� s � } ip t ,ls - ;' 3 j � \'h ✓_ t t F • 2f k; a, � f -4� I vg,- nefax y+ n.: i C � � `•.� �'ti,.a 2 � e _ _ - �1, _ sal '`^ - ,+ x _ t t u ��f � f � tea, r s 1 Way JJ t N J cn . v � _ F CD z .f» 1 .. e n ct, 'aE�r ttY. FLOOR PLAN 41-1 NARRATIVE Property: Address: 1095 Diffley Road, Eagan, MN PID Number: 10 70500 01 030 Legal Description: Lot 3, Block 1 Soderholm Addition Narrative The purpose of this application is to obtain approval for a veterinary use in the Dakota Center Shopping Center located at 1095 Diffley Road in Eagan, Minnesota. Lexington Pet Clinic wishes to move into the end cap location in the shopping center in a portion of the space previously occupied for 15 years by Video Update. Lexington Pet Clinic. The Lexington Pet Clinic has operated in Eagan for over 20 years. The current proprietors are Dr. Amy Kizer and Dr. Alysia Ferguson, both graduates of the University of Minnesota College of Veterinary Medicine. Dr. Kizer and Dr. Ferguson, and a pet loving staff of six, provide high quality veterinary care with compassion and a personalized touch. They provide pets with the most current therapies and are committed to encouraging preventative and wellness programs to ensure that the pets live long and healthy lives. While dogs and cats are the most common types of pets treated, the clinic treats a variety of pets including birds and fish. Relocation of Pet Clinic. The Lexington Pet Clinic wishes to relocate since their current space is too small for their growing business and the proprietors wish to provide the very best customer and pet experience. Their space will be on the south end cap of Dakota Center and it will consist of 2,400 square feet (40 feet wide and 60 feet deep). The space was formerly part of the Video Update store and has been vacant since Video Update closed at the end of August. The location in the center is indicated on the enclosed site plan and a general floor plan is also enclosed. The plan is to complete the necessary buildout of the space so that the Lexington Pet Clinic can operate in the new space no later than May 2013. Surrounding Land Uses. The Dakota Center currently includes the following tenants: Baskets on Occasion; Indulge Boutique; China Gourmet; and Locker Room of Eagan. The surrounding land uses are mostly commercial, with a handful of single family dwellings to the west and a park across Diffley Road to the south. The Dakota Center is part of a planned unit development on the northwest corner of the Diffley Road and Lexington Avenue intersection that includes McDonalds restaurant, Holiday Station, Knowledge Beginnings Child Care, and a small office building. There are also commercial developments on the southeast corner of this intersection. To the south of Dakota Center, across Diffley Road, is a park. Impact. Lexington Pet Clinic should not have any impact on the subject property other than making it a more attractive center for Eagan residents and the other businesses in the area. The clinic should not have any material impact on city services as this is an existing business relocating from across the street. Public Benefit. The Lexington Pet Clinic has been a wonderful part of the Eagan community for over 20 years. The residents of Eagan are passionate about their pets and the frequently use Lexington Pet Clinic for their pet's veterinary service needs. The quality of the services offered by Dr. Kizer, Dr. Ferguson and their team is evident in that they need a larger space from which to provide these services. A large pet owner community and an outstanding veterinary clinic- a fantastic combination that serves the needs of the Eagan community. V110e, IA 1 CA�'� C-4 C-4 LU cr E5 / o m uj -- T -- | « I U& mm SECTION LINE ,- Sarah Thomas Subject: FW: Lexington Pet Clinic From: Allison Butler [mailto:treeauy6(5msn.com] Sent: Tuesday, January 22, 2013 1:01 PM To: City Council Subject: Lexington Pet Clinic Dear Eagan City Council, I was hoping to get to tonight's City Council meeting as my vet clinic, Lexington Pet Clinic, will be there to discuss their pending move to the old Video Update space in Eagan at the NW corner of Lexington Ave and Diffley Road. They asked if I would attend and, if necessary, speak on their behalf. I said, "You Betcha! 1" Unfortunately, I can't be there tonight with other obligations. Lexington Pet Clinic is a caring, professional, extremely knowledgeable veterinary clinic. We have worked closely with both Drs. Kizer and Ferguson for years with all our animals. They, and their entire staff, take time to make sure I understand their services and always are available with advise and treatment, whatever the situation. A new facility would surely better serve all their clients' needs and provide added space for other services, as well. How nice for the staff to have an opportunity to move to a larger location, one that is so close to their current location. It will make for an uncomplicated transition to the new facility for current clients. Also, an update to the facade of the building will be welcome in the neighborhood. Thank you for your time and the opportunity to speak on behalf of the Lexington Pet Clinic. Please contact me if you have any questions. Sincerely, Allison Butler AZU"ii/3utler }f - 651 -4.54 -6479 C- 651 - 357-0100 [©o Agenda Information Memo February 5, 2013 City Council Meeting LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. APPROVE COMMENTS ON THE DRAFT RECORD OF DECISION (ROD)/FINDINGS OF NO SIGNIFICANT IMPACT (FONSI) AND FINAL ENVIRONMENTAL ASSESSMENT (EA) FOR THE MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT 2020 CAPITAL IMPROVEMENT PLAN ACTION TO BE CONSIDERED: To approve comments on the Draft Record of Decision (ROD) /Findings of No Significant Impact (FONSI) and Final Environmental Assessment (EA) for the Minneapolis -St. Paul International Airport 2020 Capital Improvement Plan. FACTS: • Enclosed is correspondence to the FAA with comments on the Draft Record of Decision (ROD) /Findings of No Significant Impact (FONSI) and Final Environmental Assessment (EA) for the Minneapolis -St. Paul International Airport 2020 Capital Improvement Plan (CIP). ® The City learned of very recent revisions made to the 2020 CIP, and given the impacts of the changes, it seemed appropriate to comment specifically on the revisions made to the document. • The letter speaks to four main points: 1. The City supports the MAC's usage of actual noise contours to determine eligibility for noise mitigation, rather than forecasted noise contours used in the past. 2. In the event noise levels are higher than anticipated for those in 60+ DNL, the City requests a two - year waiting period rather than a three -year waiting period for mitigation to commence. 3. The City reminds the FAA of the long- standing practice at MSP Airport to utilize the 60 DNL versus the 65 DNL as the threshold for mitigation. 4. The City opposes the FAA's suggestion that only homes with an interior noise level of 45 dB should be eligible for noise mitigation. • The City learned of the revisions to the CIP and the FAA's latest positions at the January 16 meeting of the Noise Oversight Committee (NOC). As a result, the City's Airport Relations Commission (ARC) did not have an opportunity to formally recommend the enclosed comments. However, the comments have been shared with the ARC, and members are aware of the action before the City Council to approve the comments. • The other communities represented on the NOC are sending similar correspondence addressing the four key points. ATTACHMENTS: ® Enclosed on pages 10d� through X03 is the proposed correspondence to the FAA with comments on the MSP 2020 Capital Improvement Plans. �0� Paul Bakken Ms. Kandice Krull Cyndee Fields I Environmental Protection Specialist Gary Hansen FAA — Minneapolis Airport District Office Meg Tilley 6020 28t" Avenue South Council Members Minneapolis, MN 55450 Thomas Hedges Subject: Eagan's Comments on Draft ROD /FONSI and Final EA for the Minneapolis -St. Paul International Airport City Administrator Dear Ms Krull: Thank you for the opportunity to provide further input on the Draft ROD /FONSI for the proposed 2020 Capital Improvement Project at the Minneapolis /St. Paul International Airport (MSP). Municipal Center 3830 Pilot Knob Road The City of Eagan supports the Metropolitan Airport Commission's (MAC) proposed Eagan, MN 55122 -1810 changes to the Noise Mitigation Program, referenced on page R -17 of Appendix R of the 651.675.5000 phone Draft EA /EAW Comments and Responses, which converts the program from using a 651.675.5012 fax forecasted model to one that offers greater flexibility to respond to any changes in the 651.454.8535 TDD noise environment surrounding MSP through the use of actual noise contours. This new approach will be prudent and responsive to actual noise impacts that may adversely impact residents. Maintenance Facility I The City does have concerns, however, with the length of the eligibility period being 3501 Coachman Point proposed for mitigation. A three -year waiting period could result in too long of a time for Eagan, MN 55122 those in the 60+ DNL to endure increased noise. If the purpose of a waiting period is to 651.675.5300 phone account for anomalies in the noise environment (e.g. runway maintenance or repair that 651.675.5360 fax shuts down a runway for a finite period of time creating a new, temporary noise 651.454.8535 TDD environment around MSP) those types of situations are much shorter in duration. As such, the City suggests an eligibility period of two (2) years would be more appropriate. www.cityofeagan.com The City is also concerned by the FAA's re- evaluation of the noise insulation eligibility and justification requirements (reference August 17, 2012 FAA Program Guidance Letter (PGL) 12 -09). It is important to remind the FAA that there is historical precedence at MSP of using the 60 DNL as the determining threshold for noise mitigation eligibility. The 60 DNL threshold is consistent with the terms of the 2007 Consent Decree and is what the impacted communities expect as a basis for any future noise mitigation. The Lone Oak Tree i The symbol of strength and growth in our community. t 1�� Furthermore, the proposed additional requirement for residences to have an interior sound level of less than 45 dB in order to be eligible for mitigation will unduly exclude many homes that would otherwise qualify for noise mitigation. Minnesota's unique environment of particularly long and cold winters has resulted in a housing stock built with higher construction standards to withstand this type of climate. The interior sound level requirement would be a difficult and unfair hurdle for the majority of the housing stock surrounding MSP. Again, the City appreciates this opportunity to provide its input on issues that have significant impact on our residents and community. If you have any questions, please feel free to contact Dianne Miller, Assistant City Administrator, at (651) 675 -5014 or dmiller@cityofeagan.com. Sincerely, Mike Maguire Mayor Copy: Eagan's Legislative Delegation Chad Leqve, MAC Noise Program Tammy Mencel, MAC Commissioner L 02) AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER FEBRUARY 5, 2013 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Extension of Preliminary Redevelopment Agreement with Pratt Development for the Cedar Grove Redevelopment District D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Cedar Grove Parking Ramp Consulting Services Agreement — Walker Parking F. OTHER BUSINESS G. ADJOURN q Agenda Information Memo Eagan Economic Development Authority Meeting February 5, 2013 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 MINUTES — The minutes of the January 15, 2013 EDA meeting are enclosed on pages tD (b through 10tl . 2. APPROVE Extension of Preliminary Redevelopment Agreement with Pratt Development for the Cedar Grove Redevelopment District — The EDA's Preliminary Development Agreement for Master Developer services with Pratt Development runs through March, 2013. Under that Agreement, Mr. Pratt has a listing agreement with Jim McCaffrey of Cassidy Turley to market and represent the property to interested parties and the two work cooperatively with prospects to qualify proposals and bring them forward to staff and the EDA. At its meeting of January 15, 2013, the EDA Board authorized the extension of the agreement for an additional year, through March, 2014. A copy of the agreement is enclosed on pages h0j through JJA and is in order for consideration at this time. 10)67 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 15, 2013 A meeting of the Eagan Economic Development Authority was held on Wednesday, January 15, 2013 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. Commissioner Bakken was absent. CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Community Development Director Hohenstein noted under New Business item 2. Approve Parking Ramp Design Approval Agreement with Paragon Outlets Eagan LLC was removed because the agreement is not finished. Commissioner Hansen moved, Commissioner Fields seconded a motion to approve the agenda as amended. Aye:4 Nay:0 CONSENT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as amended. Aye:4 Nay:0 1. It is recommended to approve the minutes of January 2, 2013 EDA meeting as presented. 2. It is recommended to approve the agreement to Terminate Cedar Office Buildings (Condominium) and Certificate of Termination. 3. It is recommended to approve the Release of Encumbrances on Property in Cedar Grove Redevelopment District. 4. It is recommended to authorize Extension of Preliminary Redevelopment Agreement with Pratt Development for the Cedar Grove Redevelopment District, There was no Old Business, OLD BUSINESS NEW BUSINESS APPROVE ESCROW AGREEMENT WITH PARAGON OUTLETS EAGAN LLC FOR PURCHASE OF XCEL PIPE MATERIALS Community Development Director Hohenstein noted as the EDA and Paragon have taken steps to prepare for the construction of the outlet center to begin later this year. One step in the process is the relocation of the Xcel gas pipeline from the current Cedar Grove Boulevard right of way to a new lo(0 easement to be located along the north edge of the redevelopment area parallel to Highway 13. In order for the pipeline construction to be completed and service switched over early in the 2013 construction season, the EDA worked with Xcel Energy to order the pipe materials as soon as practical so they could be fabricated and delivered to the site by April 15, 2013. Hohenstein noted Paragon's purchase agreement obligates them to pay for the costs of the relocation, but the agreement calls for Paragon to do so at the time the parties close on the sale of the site. Councilmember and Commissioner Tilley moved, Councilmember and Commissioner Hansen seconded a motion to approve the Escrow Agreement with Paragon Outlets Eagan LLC for purchase of Xcel pipe materials. Aye :4 Nay:0 OTHER BUSINESS EDA ORGANIZATIONAL BUSINESS Community Development Director Hohenstein noted as part of its annual organizational business, the EDA elects its officers and appoints its Executive Director and Secretary /Deputy Director. In 2012, the officers of the Authority were as follows: President: Mike Maguire Vice President: Paul Bakken Treasurer: Meg Tilley Executive Director: City Administrator Tom Hedges Secretary /Deputy Executive Director: Community Development Director Jon Hohenstein For 2013, Mayor Maguire suggested the following changes to the officers: Vice President: Meg Tilley Treasurer: Paul Bakken Executive Director: City Administrator Councilmember and Commissioner Tilley moved, Councilmember and Commissioner Fields seconded a motion to elect /appoint officers of the Eagan Economic Development Authority as amended. Aye: 4 Nay: 0 ADJOURNMENT Commissioner Fields moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 4 Nay: 0 Date �O' l Thomas Hedges, Executive Director SECOND EXTENSION OF AMENDED AND RESTATED PRELIMINARY REDEVELOPMENT AGREEMENT THIS SECOND EXTENSION OF AMENDED AND RESTATED PRELIMINARY REDEVELOPMENT AGREEMENT ( "Extension ") is made this day of , 2013, by and between Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter the ` EDA "); the City of Eagan, Minnesota municipal corporation (the EDA and the City of Eagan are hereinafter collectively referred to as the "City "); and Pratt Development, Inc., a Minnesota corporation (hereinafter referred to as the "Redeveloper "). (The City and Redeveloper are hereinafter collectively referred to as the "Parties. ") WHEREAS, the City and Redeveloper entered into an Amended and Restated Preliminary Redevelopment Agreement dated March 15, 2011 and a First Extension of Agreement and Restated Preliminary Redevelopment Agreement dated March 20, 2012 (the "Redevelopment Agreement "); and WHEREAS, the Redevelopment Agreement identified Redeveloper as the Master Developer for the Core Area of the Cedar Grove Redevelopment District (the "Redevelopment Property ") as generally depicted on Exhibit "A;" and WHEREAS, the Redevelopment Agreement granted Redeveloper certain exclusive rights to the Redevelopment Property until March 16, 2013; and WHEREAS, the Parties are desirous of extending the term of the Redevelopment Agreement and expanding the scope of the Redevelopment Property, all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. AMENDMENT OF REDEVELOPMENT AGREEMENT. Paragraph 2 of the Redevelopment Agreement is hereby amended to read as follows: UNDERTAKING AND EXCLUSIVE RIGHTS. In consideration of the time, effort and expenses to be incurred by the City and Redeveloper in pursuing the undertakings set forth herein, the City hereby agrees that for the term of this Agreement it will not: (i) provide or enter into an agreement for provision of financial assistance to any third party in connection with any proposed development within the Site; and (ii) condemn or agree to proceed with the condemnation of any property within the Site to assist or facilitate development within such area by a third party. Said exclusive rights shall continue, unless earlier terminated, as provided for herein, until March 16, 2014, or until such later date as the Parties may mutually agree. 2. REDEVELOPMENT PROPERTY. The Redevelopment Property shall consist of the properties outlined on the attached Exhibit "A." 3. No ADDITIONAL AMENDMENTS. Except as amended by paragraphs 1 and 2 above, all other terms of the Redevelopment Agreement shall remain in full force and effect. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Mike Maguire Its: President By: Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk PRATT DEVELOPMENT, INC., a Minnesota corporation By: Leonard Pratt Its: President 2 �aCI STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2013, by Mike Maguire and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2013, by Mike Maguire and Christina M. Scipinoi, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2013, by Leonard Pratt, the President of Pratt Development, Inc., a Minnesota corporation, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: Notary Public DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 (RBB: 206- 26768) 3 tto Agenda Information Memo Eagan Economic Development Authority Meeting New Business February 5, 2013 1. CEDAR GROVE PARKING RAMP CONSULTING SERVICES AGREEEMENT - WALKER ACTION TO BE CONSIDERED: Approve Consulting Engineering Design Contract with Walker Parking Consultants, Inc. for Cedar Grove Parking Ramp, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Eagan Economic Development Authority (EDA) approved a purchase agreement with Paragon Outlets under which Paragon will acquire the property in the Cedar Grove Redevelopment District for the development of an upscale outlet shopping center. A condition of the purchase agreement is that the EDA will construct a public parking ramp adjacent to the Paragon property, one of the purposes of which will be to provide for a portion of Paragon's parking needs. On November 20, 2012, the City Council approved the preliminary development applications for the Paragon project. In order to bid and construct the parking ramp in parallel with the Paragon project development, it is necessary to proceed with design development. On December 4, 2012, the EDA approved the solicitation of proposals for design engineering services for the Cedar Grove Parking Ramp. • Proposals for design services were received from four highly reputable design firms. Of the four proposals received, Staff recommends that it is in the EDA /City's best interest for Walker Parking Consultants, Inc. to complete all of the necessary design services related the Cedar Grove Parking Ramp. ATTACHMENTS: • Copy of Agreement available upon request. Agenda Information Memo Eagan Economic Development Authority Meeting February 5, 2013 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting.